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01/13/2022 Meeting
:.L ••••• Meeting Location: Municipal Center Apple 7100 147th Street West Valley Apple Valley, Minnesota 55124 January 13, 2022 CITY COUNCIL INFORMAL MEETING TENTATIVE DISCUSSION ITEMS 5:30 PM 1. Council Discussion Items (5 min.) 2. Discuss 2022 Legislative Policies (40 min.) 3. Schematic Design Presentation for Apple Valley Fire Station Improvements (20 min.) 4. Discuss Parks and Recreation System Future and Potential Park Bond Referendum (10 min.) 5. Adjourn CITY COUNCIL REGULAR MEETING TENTATIVE AGENDA 7:00 PM 1. Call to Order and Pledge 2. Approve Agenda 3. Audience - 10 Minutes Total Time Limit - For Items NOT on this Agenda 4. Approve Consent Agenda Items Consent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda for consideration. A. Approve Minutes of December 21, 2021, Regular Meeting B. Adopt Resolution Accepting Donation from Julia Thompson for Use by Police Department C. Adopt Resolution Designating Dakota County Tribune as Official Newspaper for 2022 D. Adopt Resolution Designating the City's Website as Official Website for Disseminating Solicitations of Transportation Project Bids in 2022 E. Adopt Resolution Designating U.S. Bank NA as Official Depository for City Funds in 2022 F. Adopt Resolution Designating Additional Depositories and Financial Security Dealers for City Funds in 2022 G. Adopt Resolution Designating U.S. Bank Institutional Trust as Safekeeping Custodian H. Adopt Resolution Authorizing Electronic Funds Transfers I. Approve Electronic Funds Transfer Policy and Procedures J. Adopt Policies and Procedures for Federal Awards Administration K. Approve City Council Committee Assignments for 2022 L. Appoint Statutory Members to Apple Valley Firefighters Relief Association(AVFRA) Board of Trustees for 2022 M. Adopt Resolution Authorizing City Clerk to Appoint Deputy City Clerks for 2022 Election Administration N. Adopt Resolution Setting Public Hearing at 7:00 p.m. on February 10, 2022, for Vacation of Gardenia Avenue and 151 st Street W. Right-of- Way O. Adopt Resolution Approving Amendments to Municipal Legislative Commission Joint and Cooperative Agreement P. Approve Amendment No. 1 to Professional Services Agreement with CNH Architects, Inc., for Apple Valley Fire Station#2 Replacement & Station#1 and #3 Health& Safety Improvements Q. Approve Professional Services Agreement with Terra General Contractors, LLC, d/b/a Terra Construction, for Apple Valley Fire Station#2 Replacement & Station#1 and#3 Health& Safety Improvements R. Approve Joint Powers Agreement with Dakota County for 2022 Sentence to Service (ST S) Program Work Crews S. Approve Agreement with Say-A-Tree, LLC, for Project 2022-116, 2022 Right-of-Way Tree Pruning T. Adopt Resolution Approving Addendum No. 1 and No. 2 for Project 2022-124, Valleywood Golf Course Improvements and Irrigation System U. Approve Change Order No. 2 to Agreement with Met-Con Construction, Inc., for Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter V. Approve Acceptance and Final Payment on Agreement with McNamara Contracting, Inc., for Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts W. Approve Personnel Report X. Approve Claims and Bills 5. Regular Agenda Items A. Provide Direction on Chapter 91 of the City Code, Regulating Animals B. Adopt Resolution Appointing Acting Mayor for 2022 6. Staff and Council Communications 7. Approve Calendar of Upcoming Events 8. Adjourn Reminder: City Offices are closed Monday, January 17, 2022, in Observance of Martin Luther King Day Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the City's website at www.cityofapplevalley.org • ••• ITEM: 2. ..... .... Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Informal Agenda Item Description: Discuss 2022 Legislative Policies (40 min.) Staff Contact: Department/ Division: Tom Lawell, City Administrator Administration Department ACTION REQUESTED: No formal action is requested at this time. Council should discuss 2022 legislative priorities with our local legislative delegation and advocate for those issues deemed most important to our community. Those legislators invited to attend are State Senator Greg Clausen, State Representative Robert Bierman and State Representative John Huot. SUMMARY: The 2022 legislative session is scheduled to begin on January 31, 2022 and is expected to end on May 23, 2022. Actions taken by the legislature can directly impact cities and it is important that we monitor legislative activity and advocate in favor of or against policies which might impact our community. To that end, we have invited our local legislative delegation to attend the City Council informal meeting on January 13, 2022. As the Council is aware, the City of Apple Valley is a member of three separate organizations that work to advance legislative topics of interest to cities. These include the League of Minnesota Cities, Metro Cities, and the Municipal Legislative Commission. The purpose of this memorandum is to share with you the various adopted legislative policies of each organization and to highlight a number of issues of particular interest to Apple Valley. BACKGROUND: Throughout the summer, the three identified groups convened multiple policy review committees to consider policies for the upcoming session. Attached please find the draft policies recommended by each organization. These documents include: 1) League of Minnesota Cities 2022 Legislative Policies (Adopted November 17, 2021) - Green Paper 2) Metro Cities 2022 Legislative Policies (Adopted December 9, 2021) White Paper 3) Municipal Legislative Commission 2022 Legislative Policies (Draft discussed on December 8, 2021) - Yellow Paper Staff has prepared the attached draft list of recommended 2022 legislative policy priorities and core legislative principles for your consideration. Looking ahead, the Municipal Legislative Commission (MLC) will host its annual Legislative Breakfast Meeting on Thursday, January 20, at the Eagan Community Center from 7:30 to 9:30 a.m. BUDGET IMPACT: N/A ATTACHMENTS: Policy Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Presentation ..•. Apple City of Apple Valley Valley In Legislative Policy Priorities for 2022 I Sales Tax Exemption on Construction Materials Support legislation to streamline the process required for cities to secure the sales tax exemption on construction materials. This is especially important as the City has significant capital projects planned in upcoming years to support Police, Fire, Public Works and Parks & Recreation services. Long-Term Transportation Funding Support the construction of the missing northbound third lane on Cedar Avenue, and pedestrian safety improvements on Cedar Avenue including the installation of a pedestrian skyway at the 147th Street Station. Support stable and sufficient transportation funding for state and local roads and support the Transportation Economic Development (TED) Program that provides competitive grants for construction projects on state highways that provide measurable economic benefits. Support a balanced transportation package for roads, bridges and transit, including investments in suburban areas. Support balanced use of federal infrastructure funds to also include suburban transportation projects. Development Fees Support legislation that gives cities local control and the ability to impose infrastructure and permit fees sufficient to ensure that development standards are fully met and the cost of new development is not shifted onto existing taxpayers. The City supports fees and regulations necessary for new development to pay for itself. The City disagrees with the recent Housing First (BATC) publications that state that city building fees cause new housing to be unaffordable. Based on the City calculations, the fees charged for a new home in Apple Valley, including all development and building fees, are less than 4% of the total cost of the average new home in Apple Valley. Election Process Improvement by Expanding Early Voting Support expansion of the time period for early voting. As shown in this last election, the opportunity to vote early is very popular. Early voting is less costly to administer in comparison to absentee voting. Currently State law limits early voting to only one week prior to the election and this should be extended to two weeks or longer. Since early voting is much more convenient, the timeline for in-person absentee voting should be reduced. Alcohol Distribution and Control Oppose legislation that would expand the sale of alcohol in grocery stores and other retail establishments. Such expansion would increase the likelihood of drunk driving and underage alcohol sales and consumption and would also have a detrimental economic impact on current off-sale retailers, including the City of Apple Valley. Modernize Data Practices Act Support changes to the Minnesota Data Practices Act to reflect today's data intensive environment, protect municipalities from abusive or harassing requests and to compensate municipalities for overly broad and burdensome requests. Emerald Ash Borer Grant Assistance Support continued funding for community forestry in preparation/response to the Emerald ash borer (EAB) insect infestation. A le City of Apple Valley pp Valley Core Legislative Principles Local Control Local Mayors and City Councilmembers are duly elected by their citizens and are in the best position to make decisions on behalf of their community. They are accountable for their decisions. State legislative decisions should reflect this understanding and local officials should be allowed to do the jobs they have been elected to do. Unfunded Mandates The imposition of state mandates and programs on local governments without the provision of state funding is contrary to the concept of local control. Excessive reporting requirements should be identified and eliminated. Any function or activity mandated by the State upon local governments should be fully and continuously funded by the State. Spending and Tax Lids The imposition of taxing or spending limits on local governments is contrary to the spirit and effectiveness of our system of representative government. Local tax and spending policy decisions should be made locally. Blanket limitations imposed statewide will have unintended consequences and will affect the ability to deliver essential public services. Preserve Local Government Revenues The legislature should not withhold or seek to otherwise divert local funds into the State General Fund. Local policy makers must have the ability to generate and save sufficient revenues to cover the cost of day-to-day service delivery, as well as future capital costs. Job Creation and Promotion of Economic Growth The economic success of our state is tied directly to the economic success of our cities. Building strong cities takes a long-range coordinated effort that allows local leaders to make local economic development decisions based their communities' vision for the future. The legislature should seek to maximize the number and type of economic development tools available to cities. Collaboration and Cooperation Local government jurisdictions within Dakota County have a long history of collaborating on ways to effectively and efficiently deliver necessary public services. The legislature should promote best management practices and provide incentives to further joint and collaborative practices around the state. LEAGUE OF MINNESOTA CITIES 2022 C • ty Poi • ,, • es For Legislative and Administrative Action Adopted November 17, 2021 The only comprehensive statewide advocacy agenda for all Minnesota cities LMCLEAGUE MINNESOTA CITIES This document is available in the Legislative Action Center on the League's website at www.lmc.org/policies Copyright © 2021 League of Minnesota Cities. All rights reserved. L..M C LEAGUE of League Minnesota Cities M I N N E S O TA 145 W University Avenue West • St. Paul,MN 55103-2044 (651) 281-1200 • (800) 925-1122 • Fax: (651)281-1299 CITIES TDD: (651)281-1290 • www.lmc.org Table of Contents COVER 1 IGR Staff 3 2021 Policy Committee Membership 4 PURPOSE, PROCESS, AND PRINCIPLES OF CITY POLICIES 8 LMC POLICY DEVELOPMENT PROCESS 9 IMPROVING SERVICE DELIVERY 10 SD- 1. Local Control 10 SD- 2. Unfunded Mandates 10 SD- 3. Local Approval of Special Laws 10 SD- 4. Redesigning and Reinventing Government 11 SD- 5. State Government Shutdowns 12 SD- 6. Duration of Conservation Easements 13 SD- 7. Racial Equity in Minnesota 13 SD- 8. Immigration Reform 15 SD- 9. Responsibility for Locating Private Underground Facilities 15 SD- 10. Utility Relocation Under Design-Build Road Construction 16 SD- 11. National Fire Protection Association (NFPA) Standards 16 SD- 12. Fire Mutual Aid 17 SD- 13. Clarification of Joint Powers Relationships with Federally Recognized Indian Tribes 18 SD- 14. Ambulance Service Costs and Liability 18 SD- 15. Emergency Medical Services 19 SD- 16. Fees for Service 20 SD- 17. Improving and Increasing Citizen Access to Information 20 SD- 18. Administrative Fines for Code Violations 21 SD- 19. Contracting and Purchasing 22 SD- 20. City Enterprise Operations 22 SD- 21. Preservation of Order in City Council Meetings 23 SD- 22. Constitutional Amendments 23 SD- 23. Initiative and Referendum 23 SD- 24. Civil Liability of Local Governments 24 SD- 25. Private Property Rights and Takings 24 SD- 26. Organized Solid Waste Collection 25 SD- 27. Private Well Drilling 26 SD- 28. Sustainable Development 27 SD- 29. Advanced Energy Building Standards 28 SD-30. Construction Codes 30 SD-31. Building Officials 31 SD-32. Disability Access Requirements 32 SD-33. Assaults on Code Enforcement Officials 32 SD-34. Restrictions on Possession of Firearms 33 SD-35. Public Safety Communications 34 SD-36. Criminal and Juvenile Justice Information 34 SD-37. Pawn Shop Regulation and Use of the Automated Property System (APS) 35 SD-38. City Costs for Enforcing State and Local Laws 36 SD-39. Compensation and Reimbursement for Public Safety Services 37 SD- 40. Administrative Traffic Citations 37 SD- 41. Juveniles in Municipal Jails 38 SD- 42. Justice System Funding 38 SD- 43. 21st Century Policing 39 SD- 44. Post-Incarceration Living Facilities 40 SD- 45. Homeland Security Costs and Liability 41 SD- 46. Cybersecurity 41 SD- 47. Legalization of Fireworks 42 SD- 48. Traffic Enforcement Cameras 43 SD- 49. Operation of Motorized Foot Scooters 43 SD- 50. Catalytic Converter Theft 43 SD- 51. Drug Courts 44 SD- 52. Drug Paraphernalia 44 SD- 53. Regulation of Massage Therapists 45 SD- 54. Lawful Gambling and Local Control 46 SD- 55. Liquor Liability Insurance Limits 46 SD- 56. On-Sale Liquor or Wine Licenses to Cultural Centers 47 SD- 57. Liquor Licensing of Non-Contiguous Spaces 47 SD- 58. Wine and Off-Sale Licenses 47 SD- 59. Youth Access to Alcohol and Tobacco 48 SD- 60. Consumer Small Loans 48 SD- 61. Regulation of Mobile Businesses 48 SD- 62. Regulation of Party Buses and Boats-for-Hire 49 SD- 63. Environmental Protection 50 SD- 64. Impaired Waters 52 SD- 65. Municipal Public Water Supplies 53 SD- 66. Municipal Electric Utilities 55 SD- 67. State Support for Municipal Energy Policy Goals 55 SD- 68. Urban Forest Management Funding 57 SD- 69. City Pesticide Application Authority 57 SD- 70. Election Issues 58 SD- 71. Administering Absentee Balloting 58 SD- 72. Loss of Felon Voting Rights 60 SD- 73. Write-in Candidates in City Elections 60 SD-74. Ranked Choice Voting 60 SD- 75. Voter Assistance 61 SD- 76. Electronic Rosters 62 SD- 77. Election Judge Recruitment and Retention 62 SD -78. Mail Balloting 63 SD-79. Modernizing Charter Amendment Process 63 SD- 80. Presidential Nomination Primary 64 SD- 81. Health Care Facility Voting 64 SD- 82. Voters Experiencing Homelessness 65 SD- 83. Voter Registration 65 IMPROVING LOCAL ECONOMIES 67 LE- 1. Growth Management and Annexation 67 LE- 2. Wildlife Management Areas 68 LE- 3. Official State Mapping Responsibility 69 LE-4. Electric Service Extension 69 LE- 5. Statutory Approval Timelines 69 LE- 6. Maintenance of Retaining Walls Adjacent to Public Rights of Way 71 LE- 7. Development Disputes 71 LE- 8. Foreclosure and Neighborhood Stabilization 72 LE- 9. Housing Policy 73 LE- 10. Resources for Affordable Housing 75 LE- 11. Greater Minnesota Housing 77 LE- 12. Energy Efficiency Improvement Requirements for Housing 78 LE- 13. In-Home Day Care Facilities 79 LE- 14. Residential Programs 79 LE- 15. Inclusionary Housing 81 LE- 16. Community Land Trusts 81 LE- 17. Telecommunications and Information Technology 82 LE- 18. Broadband 82 LE- 19. Competitive Cable Franchising Authority 84 LE- 20. Public Right-of-Way Management 85 LE- 21. Wireless Infrastructure and Equipment Siting 87 LE- 22. County Economic Development Authorities 87 LE- 23. Local Appropriations to Economic Development Organizations 87 LE- 24. Workforce Readiness 88 LE- 25. Business Development Programs 88 LE- 26. Remediation and Redevelopment 89 LE- 27. Development Authority Levy Limits 90 LE- 28. Tax Increment Financing (TIF) 90 LE- 29. Property Tax Abatement Authority 91 LE-30. Opportunity Zones 92 LE-31. Revisions to the OSA Audit Function 93 LE-32. OSA Time Limitations 94 LE-33. Workforce Housing 94 LE-34. Development Along Transit Corridors 96 LE-35. 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-40. Authority to Allow Amenities in MnDOT Rights-of-Way 100 LE-41. Complete Streets 101 LE-42. Infrastructure Fees 101 LE- 43. Safe Routes to School Grants Management 102 LE- 44. Railroads 102 LE- 45. Airport Planning and Funding 104 LE-46. Airport Safety Zones 105 LE-47. Development Responses to the Pandemic 105 HUMAN RESOURCES & DATA PRACTICES 107 HR-1. Personnel Mandates and Limits on Local Control 107 HR-2. Earned Sick and Safe Time 107 HR-3. Pay Equity Compliance 108 HR-4. Public Employment Labor Relations Act(PELRA) 108 HR-5. Implications of Janus v. AFSCME 109 HR-6. Public Employment Relations Board 110 HR-7. Payment of Arbitration Fees 110 HR-8. Essential Employees 111 HR-9. Re-employment Benefits 111 HR-10. Public Employee Defined Benefit Pension Plans 111 HR-11. Deferred Compensation 114 HR-12. State Paid Police and Fire Medical Insurance 114 HR-13. Health Care Insurance Programs 116 HR-14. Workers' Compensation 116 HR-15. Public Safety Duty Disability 118 HR-16. Drug and Alcohol Testing in the Workplace 119 HR-17. Veterans Preference 120 HR-18. Military Leave Reimbursement 121 HR- 19. Background Checks 121 HR-20. Tele-health Exams 122 Data Practices 122 DP-1. Data Practices Compliance Costs 122 DP-2. Records Retention Compliance Costs 124 DP-3. Updating the Minnesota Government Data Practices Act 124 DP-4. Maintaining Government Data in Large Databases 125 DP-5. Sharing of Student Data with Local Law Enforcement in Emergencies 125 DP-6. Disclosure of Victim Data 126 DP-7. Mental Health Data Sharing 127 DP-8. Challenges to the Accuracy of Data 127 DP-9. Law Enforcement Technologies 128 DP-10. Body-Worn Cameras 129 DP-11. Open Meeting Law 129 DP-12. Exceptions to the Open Meeting Law 130 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 134 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 135 IMPROVING FISCAL FUTURES 136 FF- 1. State-Local Fiscal Relations 136 FF- 2. Economic Contributions by Cities 137 FF- 3. State Budget Stability 137 FF- 4. Funding Local Government Aid 138 FF- 5. State Charges for Administrative Services 139 FF- 6. Reporting Requirements 139 FF- 7. Taxation Duplication 140 FF- 8. Direct Property Tax Relief Programs 141 FF- 9. Sales Tax on Local Government Purchases 141 FF- 10. Taxation of Electronic Commerce 142 FF- 11. Local Lodging Taxes 142 FF- 12. Taxation of Electric Generation Personal Property 143 FF- 13. Electric Generation Taxation Reform 143 FF- 14. Support for Transitioning Communities 145 FF- 15. Taxation of Municipal Bond Interest 145 FF- 16. Pollution Control Exemption 145 FF- 17. Representative Democracy and Local Control 146 FF- 18. Tax Hearing and Notification Process 147 FF- 19. General Election Requirement for Ballot Questions 148 FF- 20. City Fund Balances 148 FF- 21. Local Option Sales Tax and City Revenue Diversification 148 FF- 22. City Franchise Authority 150 FF- 23. Utility Valuation Transition Aid 150 FF- 24. State Assistance for Property Tax Refunds for State-Assessed Property 151 FF- 25. Transition for Property Acquired by Tax-Exempt Entities 151 FF- 26. Payments for Services to Tax-Exempt Property 152 FF- 27. Housing Improvement Areas and Special Service Districts Petitioned by Business 152 FF- 28. Tax-Forfeited Properties and Local Special Assessments 153 FF- 29. Distribution of Proceeds from the Sale of Tax-Forfeit Property 153 FF- 30. State Hazard Mitigation and Response Support 155 FF- 31. Library Funding 155 FF- 32. Park and Library Land Tax Break 157 FF- 33. Increasing Safe School Levy Authority 157 FF- 34. Equitable Funding of Community Education Services 157 FF- 35. Street Reconstruction Bond Approval 158 FF- 36. Special Assessment Election Requirements 158 FF- 37. Impacts of Property Tax Payment Delays 159 FF- 38. State Fund for Non-weather-related Disaster/Catastrophe Relief 159 LEAGUE OF MINNESOTA CITIES INTERGOVERNMENTAL RELATIONS STAFF © MinnesotaCities AlIlk The League's Intergovernmental Relations (IGR) staff work on legislative MinnesotaCities#LMCIeg issues that matter to cities. Feel free to contact our IGR staff members with any questions, concerns, or suggestions regarding legislative issues. www.lmc.org We're here to help! Gary Carlson Anne Finn IGR staff and the legislative Director Assistant Director issues they cover are listed (651) 281-1255 (651) 281-1263 here. gcarlson@lmc.org afinn@lmc.org @garyncarlson @annemfinn Not sure who to contact? Assistant Director Anne Finn • Aid to cities • Emergency management (information right) is happy • Economic development • Employment to help direct you to the • Pensions&retirement • Public safety right staffer for complex or • Public finances • State bonding miscellaneous issues. • Taxes • Transportation • Tax increment financing (TIF) • Workers' compensation Alex Hassel Craig Johnson Irene Kao Representative Representative Counsel (651) 281-1261 (651) 281-1259 (651) 281-1260 ahassel@lmc.org I. cjohnson@lmc.org ikao@lmc.org @AlexHassel @cajohnson_1 @irenewkao • Elections • Energy • Building code • Employment&Human Resources • Environment • Civil liability • Regulated Industries • Land use&annexation • Data practices&Open Meeting Law • Local/tribal relations • Employment law • State bonding • Land use&zoning • Sustainable development • Wastewater,drinking water, &stormwater AUG2021 Daniel MI Ted Bengtson dill Lightfoot .404, Administrative ! Representative Coordinator O (651) 281-1295 (651) 281-1242 dlightfoot@lmc.org tbengtson@lmc.org © LMC @dflightfoot @tbengtsonlmc . • Broadband • General o LEAGUE of • Cable/franchising • Member relations y MINNESOTA • Federal relations&advocacy • Housing .7 CITIES a • Telecommunications, information technology,&wireless infrastructure E W W W.L M C.O R G 3 2021 Policy Committee Membership 2021-2022 Improving Service Delivery Chair: Cathy Sorensen, City Clerk, Blaine Mike Lund, Intergovernmental Relations, Vice Chair: Tina Folch, Contracts Metro Cities Administrator, Red Wing Jenny Max*, City Administrator,Nisswa Fatima Moore, Director of Christina Benson, Research, LMC Intergovernmental Relations, Minneapolis Jody Brennan, Councilmember, Shakopee Alysen Nesse, Intergovernmental Relations, Daniel Buchholtz, Administrator, Minneapolis Clerk/Treasurer, City of Spring Lake Park Rebecca Olson, Assistant City Manager, Connie Buesgens, Council Member, Roseville Columbia Heights Loren Olson, Intergovernmental Relations, Deb Calvert, Council Member, Minnetonka Minneapolis Ken Cammilleri, City Administrator, Duane Pulford, Council member, Scandia Lauderdale Heather Corcoran, Legislative Policy Chad Roberts, Councilmember, Victoria Analyst, Rochester Brad Rykhus, Councilman, Caledonia Timothy Cruikshank, City Manager, Golden Calvin Saari, Mayor,Nashwauk Valley Amanda Schuh, Councilmember, Jordan Aisia Davis, Research, LMC Cara Schulz, Council member, Burnsville Amber Eisenschenk, Research Manager, Cathy Sorensen, City Clerk, Blaine LMC Michael Sund, Election Specialist, St. Louis Tom Fletcher, Council Member, Greenwood Park Tina Folch, Contracts Administrator, Red Mike Supina, Council Member, Eagan Wing John Swenson, Public Safety Director, Lino Mary Gaasch*, Mayor, Lauderdale Lakes Ryan Gleason, Councilmember, St. Michael Kate Timmerman, City Council, Elko New Erica Henderson, Deputy City Clerk, Market Hastings Charlie Vander Aarde, Intergovernmental Blaine Hill, City Manager, Morris Relations, Metro Cities Steve Huser, Intergovernmental Relations, Duane Willenbring, Mayor, Rockville Minneapolis Andrew Wittenborg, Communications Carly Johnson, City Councilmember, Oak Manager, Minnetonka Park Heights Wally Wysopal, City Manager, Fridley Andrew Konechne, Chief of Police, Nyle Zikmund, City Administrator, Mounds Arlington View Larry Kraft, Councilmember At Large, St. Louis Park *LMC Board of Director Allyn Kuennen, Assistant City Administrator, Lakeville 2021-2022 Improving Local Economies Andrea Lauer, Mayor, Royalton Chair: Tony Chladek, City Administrator, Steve Lindaas, Moorhead, Council Member Rushford Gregg Lindberg, Deputy City Manager, Vice Chair: Maria Solano, Deputy City Burnsville Manager, Plymouth 4 Joe Hogeboom, Community and Economic Kati Bachmayer, Economic Development Development Director, Maple Grove Coordinator, Lakeville Steve Huser, Intergovernmental Relations, Kim Beise, City Council Member, Red Minneapolis Wing Kelcey Klemm, City Administrator, Detroit Christina Benson, Research, LMC Lakes Mary Blair-Hoeft, City Administrator, Mark Maloney, Public Works Director, Byron Shoreview Steve Bot, City Administrator, St. Michael Brad Martens, City Administrator, Corcoran Mark Box, City Administrator, Deer River Mary McComber, Mayor, Oak Park Heights Jody Brennan, Councilmember, Shakopee Fatima Moore, Director of Thomas Brooks, Equity and Inclusion Intergovernmental Relations, Minneapolis Manager, Roseville Alysen Nesse, Intergovernmental Relations, Tony Chladek, City Administrator, Rushford Minneapolis Craig Clark*, City Administrator, Austin Loren Olson, Intergovernmental Relations, Kissy Coakley, Council Member, Minneapolis Minnetonka Candy Petersen*, City council member, Heather Corcoran, Legislative Policy North St Paul Analyst, Rochester Carl Pierson, City Council, Waconia Aisia Davis, Research, LMC Margaret Rog, Council Member, St. Louis Marty Doll, Community& Economic Park Development Director, Victoria Chris Rowan, Mayor, Watkins, MN Amber Eisenschenk, Research Manager, Brad Rykhus, Councilman, Caledonia LMC Calvin Saari, Mayor,Nashwauk Rep. Steve Elkins, Representative, MN Les Schultz, Vice President, City Council, Legislature New Ulm Jo Emerson, Mayor, White Bear Lake Amada Marquez Simula, Mayor, Columbia Lisa Eng-Sarne, City Council Member, Heights West St. Paul Maria Solano, Deputy City Manager, Jenni Faulkner, Community Development Plymouth Director, Burnsville Lisa Soya,Assistant Finance Director, LMC Tom Fletcher, Council Member, Greenwood Wendy Spry, Alderman- Ward 2, Detroit Renae Fry, City Administrator,North Lakes Branch Cindy Steinhauser, Community Michael Funk, Assistant City Manager, Development Director, Rochester Minnetonka Robert Streetar, Director Community Jason Gadd, Mayor, Hopkins Development, Oakdale Emily Goellner, Community Development Kevin Toskey, Research, LMC Director, Wayzata Michelle Toven, City Councilor, Grand Derek Gunderson, Councilmember, Victoria Rapids Dan Gustafson, Council member, Burnsville Charlie Vander Aarde, Intergovernmental Gary Hansen, Councilmember, Eagan Relations, Metro Cities Kyle Hartnett, Research, LMC Evan Vogel, City Administrator, Cambridge Chris Hartzell, Engineering Director, Deb Wegeleben, Finance Director, City of Woodbury Big Lake Chris Xiong, Legislative Aide, Saint Paul 5 Mike Lund, Intergovernmental Relations, *LMC Board of Director Metro Cities Fatima Moore, Director of 2021-2022 Human Resources & Data Intergovernmental Relations, Minneapolis Practices Shari Moore, City Clerk, St. Paul Chair: Melissa Haas, Human Resources Patty Nauman, Intergovernmental Relations Manager, Apple Valley Director, Metro Cities Vice Chair: Deb Wegeleben, Finance Alysen Nesse, Intergovernmental Relations, Director, Big Lake Minneapolis Loren Olson, Intergovernmental Relations, Christina Benson, Research, LMC Minneapolis Wendy Berry*, City Councilmember, West Dawn Pearson, HR Manager, Minnetonka Saint Paul Mike Reitz,Assistant City Manager, Wayne Boucher, Mayor, Hermantown Moorhead Richard Brainerd, Council Membe, Brad Rykhus, Councilman, Caledonia Mahtomedi Kirsten Santelices, Deputy City Thomas Brooks, Equity and Inclusion Manager/HR Director, Golden Valley Manager, Roseville Megan Schlei, Human Resources Heather Corcoran, Legislative Policy Technician, Hastings Analyst, Rochester Jackie Schulze,Assistant City Aisia Davis, Research, LMC Administrator, Waconia Charnelle Dengnoue, HR/Risk Lisa Soya,Assistant Finance Director, LMC Management Specialist, Robbinsdale Alyssa Swanson, Assistant to the City Amber Eisenschenk, Research Manager, Manager, Victoria LMC Jewel Thurman, HR Manager, Red Wing Jake Foster, Assistant City Manager, Kate Timmerman, City Council, Elko New Chanhassen Market Ryan Gleason, Councilmember, St. Michael Deb Wegeleben, Finance Director, City of Karissa Goers, HR Administrator, Dakota Big Lake County CDA Michelle Wolfe, City Manager, Blaine Melissa Haas, HR Manager, Apple Valley Nyle Zikmund, City Administrator, Mounds Kyle Hartnett, Research, LMC View Corrine Heine, City Attorney, Minnetonka *LMC Board of Director Becca Hellegers, Director of Employee Resources, Fridley 2021-2022 Improving Fiscal Futures Linda Hillenbrand, Director of Human Chair: Chris Volkers, City Administrator, Resources, Rochester Oakdale Joyce Hottinger, Assistant HR Director, Vice Chair: Dan Matejka, City LMC Administrator, Goodview Juliana Hultstrom, Council Member, Osseo Steve Huser, Intergovernmental Relations, Geralyn Barone, City Manager, Minnetonka Minneapolis Heather Corcoran, Legislative Policy Jennifer Kellogg, City Records Manager, Analyst, Rochester Rochester Amber Eisenschenk, Research Manager, Laura Kushner, HR Director, LMC LMC Ryan Gleason, Councilmember, St. Michael 6 Marshall Hallock, Administrative Business Loren Olson, Intergovernmental Relations, Director, Red Wing Minneapolis Blaine Hill, City Manager, Morris Trisha Pollock, Finance/HR Director, Connie Holmes, Mayor, Waverly, MN Victoria Steve Huser, Intergovernmental Relations, Duane Pulford, Council member, Minneapolis Lauderdale Kelcey Klemm, City Administrator, Detroit Sarah Rathlisberger, Finance Director, City Lakes of Monticello Tom Lawell, City Administrator, Apple Schane Rudlang, Port Admin, Bloomington Valley Brad Rykhus, Councilman, Caledonia Melanie Lee, City Manager, City of Lisa Soya,Assistant Finance Director, LMC Burnsville Kelly Strey, Finance Director, Chanhassen Dan Matejka, City Administrator, Goodview Kevin Toskey, Research, LMC Justin Miller, City Administrator, Lakeville Chris Volkers*, City Administrator, Oakdale Fatima Moore, Director of Deb Wegeleben, Finance Director, City of Intergovernmental Relations, Minneapolis Big Lake Steve Nasby, City Administrator, Windom Jim Weikum*, Mayor, Biwabik Patty Nauman, Intergovernmental Relations John Werner, Mayor, Rice Lake Director, Metro Cities Brad Wiersum*, Mayor, Minnetonka Darin Nelson, Finance Director, Minnetonka Vince Workman, Council member, City of Alysen Nesse, Intergovernmental Relations, Burnsville Minneapolis Nancy Zaworski, Finance Director, Kasson Steven Okins, Finance Director, Willmar *LMC Board of Director 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 854 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. 8 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 2021, over 120 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: Jan/Feb The Legislature typically begins the second session of each biennium in February or March of even-numbered years. The 2022 Legislative session will begin on January 31. 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. May Under the Minnesota Constitution, the deadline to end any legislative session is the first Monday following the third Saturday in May(May 23, 2022). The governor may call special legislative sessions when necessary. June At the LMC Annual Conference, to be held June 22-24, 2022, in Duluth, members provide comments on City Policies throughout the conference and during the Legislative Update. July Policy committees hold their first of three meetings. The July meeting typically includes a review of the most recent legislative session, a preliminary discussion of emerging issues, and a review of member comments and board interim policies from the prior year. 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 Regional Meetings 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. 9 IMPROVING SERVICE DELIVERY SD-1. Local Control president, the Minnesota Legislature, and the governor for local budget priorities. Issue: Cities are often laboratories for These mandates force cities to reduce determining public policy approaches to the funding for other basic services or to challenges that face citizens. Success in increase taxes and service charges. providing for the basic needs of a functional society is rooted in local control to Response: determine how best to respond to the ever- changing needs of a citizenry. Because city a) Existing unfunded mandates should government most directly impacts the lives be reviewed and modified, or repealed of people, and representative democracy where possible. ensures that locally elected officials are held accountable for their decisions through local b) No additional statewide mandates elections, local governments must have should be enacted unless full funding sufficient authority and flexibility to meet for the mandate is provided by the the challenges of governing and providing level of government imposing it or a citizens with public services. permanent stable revenue source is established. Response: The increasingly complex and costly requirements necessary for cities to c) Cities should not be forced to comply provide services to their citizens would with unfunded mandates. benefit from a strong partnership between federal, state and local d) Cities should be given the greatest governments. This partnership should be flexibility possible in implementing based upon a shared vision for Minnesota mandates to ensure their cost is and should allow individual communities minimized. to tailor that vision to the unique needs of their citizens without mandates and SD-3. Local Approval of Special policy restrictions imposed by state and Laws federal policy makers. The state should recognize that local governments, of all Issue: The Minnesota Constitution prohibits sizes, are often the first to identify special legislation except for certain special problems and inventive solutions to solve laws relating to local government. It them, and should encourage further provides that a special law must name the innovation by increasing local control. affected local unit of government and is The state should not enact initiatives that effective only after approval by the local erode the fundamental principle of local government unit, unless general state law control in cities across Minnesota. provides otherwise. Under state statute, a special law is not effective unless approved SD-2. Unfunded Mandates by the affected local unit of government, except under limited circumstances. Issue: Federal and state mandated programs substitute the judgment of Congress, the 10 In recent years, the Legislature has d) be equitably structured. occasionally enacted general laws that affect a single local unit of government. By enacting a general law with limited Cities have and will continue to re-evaluate application, local approval is not required. city programs and services,pursue the use of cooperative agreements, and consider Response: The League of Minnesota organizational changes that provide greater Cities supports the constitutional government efficiency and result in better requirement that a special law must be service to citizens. Citizen input and approved by the affected local unit of participation should be gathered and taken government before it can take effect. If a into account as decisions about service law is intended to affect or benefit a single delivery are being made and implemented. local unit of government, the Legislature must follow the requirements for enacting All levels of government are encouraged to: a special law set forth in the Minnesota Constitution and in state statute. The a) Ensure that in redesigning, reinventing League specifically opposes the or reassigning government services and Legislature's technique of bypassing the programs, the appropriate level of constitution by not naming the local service to citizens is evaluated and government, but describing the local citizen demands and expectations are government in such narrow terms that it adequately addressed. can only apply to one entity. b) Engage as many citizens as possible, SD-4. Redesigning and Reinventing from diverse backgrounds and interests, Government to determine what services matter most to citizens and how the delivery of those Issue: Every level of government is services can be changed to increase redesigning, reinventing, and reevaluating efficiency and lower cost. its organizational structure and programs in response to financial realities and citizens' c) Educate citizens about what services needs and problems. Reforms, however, government delivers, how they are must be more than change for the sake of delivered, and how those services are change to existing programs. It is funded. imperative that government officials talk with citizens about how services are d) Engage in traditional and nontraditional currently provided and how they can be best partnerships to make service changes provided in the future. and do things in new ways. To be meaningful,redesign of governmental e) Identify and repeal programs or entities and services should: discontinue services that are no longer necessary, and evaluate which services a) save money where feasible; can readily and fairly be provided by the private sector. b) deliver improved services; Response: Federal, state, and county c) serve essential needs; and governments should: 11 a) Promote and support local redesign efforts through incentives rather than d) The shutdown of transportation projects mandates. on the trunk highway and state aid system. b) Communicate and establish a process of negotiation before shifting e) Interruption of local economic responsibility for delivering services development due to the state having sole from one level of government to authority to inspect, review and approve another, or seeking to reduce service various plans and types of projects. duplication. Although the 2011 shutdown ultimately c) Utilize government entities with resulted in judicially-ordered continuation of proven track records in redesign many state government services, a 2017 efforts. Minnesota Supreme Court decision(A17- 1142) would likely exacerbate the impacts on cities in a future state government SD-5. State Government Shutdowns shutdown. In that decision, the court stressed that"Article XI, Section 1 of the Minnesota Issue: Twice in less than one decade, the Constitution does not permit judicially state Legislature and governor failed to ordered funding for the Legislative Branch reach a global agreement on the state budget in the absence of an appropriation." The by the end of the fiscal biennium(June 30 of effect of the 2017 decision has yet to be odd-numbered years). As a result of these tested. impasses,portions of state government were shut down. The shutdowns,particularly the Response: The League of Minnesota shutdown in 2011, created a range of Cities urges the Legislature and governor challenges for cities, as well as for the to establish a procedure in state law to state's courts, residents, businesses, licensed continue certain state government professionals, state employees and others. operations into a new biennium in the For cities,the most pronounced challenges event that the governor and legislators related to the shutdowns were as follows: cannot reach a budget agreement. Specifically, the Legislature and governor a) Uncertainty about the timing and amount should modify state law to assure that the of aid and credit reimbursement staff necessary to distribute state funds payments and the distribution of local that are already encumbered or sales tax revenues. statutorily appropriated to local governments are distributed as statutorily b) Inability of licensed city professionals scheduled, or in the absence of a statutory such as peace officers and water payment schedule, are released in a treatment facility operators to renew predictable and timely manner in the licenses. event of future shutdowns. c) Loss of access to critical information The Legislature should also pass such as the Bureau of Criminal legislation that allows existing licenses of Apprehension database and state- public employees to be continued during any future state government shutdown mandated reports. and should identify additional areas, such 12 as electrical and plumbing inspection and Minn. Stat. ch. 84C regarding conservation plumbing plan review,where local easements was enacted in 1985, and Minn. governments could reasonably step in to Stat. §§ 84.64-.65 regarding conservation handle the inspections, review, and restrictions were originally enacted in 1974. approval necessary for local projects to Because conservation easements and move forward, and allows work on conservation restrictions are not listed approved projects to continue in state among the restrictions that are not subject to rights-of-way. Minn. Stat. § 500.20, subd. 2a, it is possible to conclude,by negative implication, that SD-6. Duration of Conservation subd. 2a does apply to the conservation Easements easements and conservation restrictions created by earlier enacted statues. This Issue: The Minnesota Marketable Title Act conclusion is inconsistent with the language provides that any deed over 40 years old can in Minn. Stat. § 84C.02(b) that"a be disregarded unless the holder of the conservation easement is unlimited in interest re-records it. There is an exception duration unless the instrument creating it for a person in possession of the property. A otherwise provides" 2010 Minnesota Supreme Court decision said that the person in possession has to Response: The League of Minnesota show that the possession has been visible Cities supports legislation that excepts enough to put a prudent person on notice of holders of conservation easements from the interest, and that the possession has to be re-recording the easements under the continuous. Sampair v. Village of Minnesota Marketable Title Act and that Birchwood, 784 N.W.2d 65 (Minn. 2010). clarifies that Minn. Stat. § 500.20, subd. 2a, does not apply to conservation This creates issues for cities that have easements and restrictions. conservation easements. It is difficult, if not impossible, to show actual use of the SD-7. Racial Equity in Minnesota easement because conservation easements are passive easements, not active ones. As a Issue: Since the earliest days of its history, result, cities will have to re-record the race and racial inequity issues have been easements every 40 years in order to present in Minnesota. Land acquisition and maintain them. This will result in a ownership, discriminatory covenants significant administrative burden and restricting homeownership to white increase costs for local units of government Minnesotans, and patterns of systemic, due to staff time, legal fees, and recording structural, and institutional racism have fees. brought the state to experience some of the worst racial disparities in the country for Additionally, Minn. Stat. § 500.20, entitled employment, housing, education, health, "Defeasible Estates,"provides in subd. 2a criminal justice, and law enforcement. that private covenants, conditions, or Explicit and implicit bias toward people of restrictions that affect the title or use of real color is prevalent in public policies and estate cease to be valid 30 years after the other rules governing Minnesota residents. date of the instrument creating them and Racial equity is accomplished when race can they may be disregarded. This provision no longer be used to predict success, and we was initially enacted in 1988. have government and systems that work for all. 13 The data is readily available from the U.S. e) Working to improve access to city Census, the state demographer, and local procurement opportunities for veteran-, government. For example, Minnesota ranks woman-, and minority-owned 50th in the nation for median income businesses. equality and 49th in homeownership equality. The killing of George Floyd and However, cities acknowledge that there is the disproportionate impact of COVID-19 much work that still needs to be done before on communities of color have further success for all Minnesotans can be achieved highlighted the critical need to overhaul our regardless of race. To optimize success for laws,policies, and practices to address all Minnesotans, cities cannot work in systemic racism. isolation on racial equity issues. Racial demographics are continually Further, it should be acknowledged that changing throughout the state. According to community members who are both from the state demographer, 20 percent of communities of color and are immigrants Minnesota's population are people of color. require local governments to understand the All racial groups have recently increased in intersection between these two issues and the state, but between 2010 and 2018, evaluate public policy initiatives from Minnesota has added five times as many multiple social justice perspectives. League people of color as white residents. policies on immigration and racial equity are heavily interrelated in that situation. While every city may be in a different place, the need for racial equity and the need to Response: In order to best support and repair past racial harms touches all serve all Minnesotans,the State should communities, from the most racially diverse take a leadership role by prioritizing cities to cities with very few or no people of addressing racial equity through its color. In recognition of the need to strive for actions: racial equity, cities are invested in building a more equitable future when every resident a) Partner with local government and can thrive regardless of race. Among efforts communities of color to identify and cities are undertaking are: address racial equity issues; a) Examining how cities deliver services b) Proactively assess past racial harms and set local policies among city staff and develop actions to address them; and elected officials; c) Collect and provide data b) Creating high-level staff positions and disaggregated by race necessary for departments to address race equity, cities and the state to make informed financial and educational opportunity, decisions about how to address racial diversity, and analysis of city policies; disparities; c) Engaging with the communities of color d) Develop a state system for the to build/rebuild relationships and trust; proactive and innovative development and delivery of resources to local d) Establishing city commissions to address government to address racial equity race and racial equity issues with local including policy and service options, affected communities; and 14 local engagement tools, policy Federal and state governments must not expertise, and financial resources; and transfer responsibility for enforcing U.S. immigration laws to local personnel, e) Actively review and amend existing including police officers, firefighters, statutory language to identify laws educators, health professionals, and social that contribute to racial inequities and service employees. Finally, federal and consider racial equity impacts when state governments must not prohibit local crafting proposed legislation and units of government from implementing policies. policies aimed at fostering positive relationships between local government SD-8. Immigration Reform officials, including law enforcement personnel, and immigrant communities. Issue: The United States and the State of Minnesota have long traditions of SD-9. Responsibility for Locating welcoming immigrants. Immigrants Private Underground Facilities strengthen Minnesota by contributing to the state's economy, enhancing cultural Issue: Cities are responsible for complying resources, and participating in efforts to with state pipeline safety regulations that build strong 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 storm sewer, water, and district heating immigrants have lived in the United States systems. The Minnesota Office of Pipeline for 10 years or more. Approximately 1.6 Safety (MNOPS) is proposing amendments million undocumented immigrants are to state pipeline and safety rules related to children, and another 3.1 million children in the definition of excavation and changes to the United States have at least one mandatory damage reporting. undocumented parent. These families are 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- most states. In addition, they are unlikely to way 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 which cross city water and sewer services Since immigrants are barred from most that are in the public rights-of-way. federal public assistance,the burden of Trenchless excavation could potentially providing social services, education, and cause damage to underground service health care falls to state and local laterals and negatively impact the quality of governments that are increasingly feeling utility services. the financial impact of both legal and illegal immigrants living in their communities. Response: The League supports the Response: The League of Minnesota changes to the definition of excavation presented by MNOPS at the 2012 Review Cities,together with the National League of Minn. Stat. ch. 216D. Cities support of Cities, urges Congress to move quickly the elimination of windbreaks, to enact and enforce effective shelterbelts, and tree plantations from the immigration laws. definition of excavation, unless any of 15 these activities disturbs the soil to a depth Excavators should be responsible for of 18 inches or more. locating and protecting any private service lateral that is impacted by The League supports exempting normal excavation activities conducted on private maintenance of roads and streets from the property beyond the public right-of-way. definition of excavation if the maintenance does not change the original SD-10. Utility Relocation Under grade and does not involve the road ditch Design-Build Road Construction by defining "original grade" as the grade at the date of issue of the first notice by Issue: The Minnesota Department of the excavator. Transportation(MnDOT) has promoted legislation relating to the design-build The League supports increasing MNOPS construction process that would require fines for violators of state pipeline safety private and public utilities to be responsible requirements, bringing state penalties in for utility relocation necessitated by road line with federal penalties. construction. The policy, if enacted, would The League opposes mandatory damage create unanticipated costs for utilities owned reporting and recommends a simple and operated by cities. Municipally-owned standardized form to encourage cities to utilities would be unreasonably held to the voluntarily report damages. The League same standards as privately-owned utilities that exist in the public right-of-way. opposes requirements that would force cities to mark underground facilities of all Response: The League of Minnesota sizes and materials. Cities supports use of the design-build The League recognizes that trenchless procedure, however, municipal utilities excavation presents concerns to cities. that exist in the public right-of-way Private property owners in the excavation should not be penalized under this area must receive advance notice of any process. Municipal utilities legitimately trenchless or other excavation activities exist in the public right-of-way. When a that could affect the quality of utility MnDOT construction project requires the services. Notice must include at least one relocation of utilities,the cost of phone number for assistance in case of relocating municipal utilities should be any service problems. shared equitably between MnDOT and affected municipal utilities. Contractors must comply with city permits requiring that the drill head be SD-11. National Fire Protection visible when crossing any paint marks Association (NFPA) Standards and moving through the pothole at the depth that the city allows for the Issue: The National Fire Protection installation. Association(NFPA) is an international association of individuals and trade and Cities must not be required to locate professional organizations that deals with privately-owned water and sewer laterals fire and life safety. The NFPA has and must not be held responsible for advocated legislation that would mandate actions by excavators when the city two standards: NFPA 1710, Organization determines not to locate such facilities. and Deployment of Fire Suppression 16 Operations, Emergency Medical Operations, Following the Red River floods and the St. and Special Operations to the Public by Peter tornados, emergency responders Career Fire Departments, and NFPA 1720, (including fire departments)met and helped Organization and Deployment of Fire pass a statute to govern mutual aid situations Suppression, Emergency Medical when there is an emergency declared by Operations, and Special Operations to the mayor or governor and no written Public by Volunteer Fire Deparltttents. agreements exist. The statute, Minn. Stat. § NFPA standards 1710 and 1720 define 12.331, provides a framework for how minimum response times, minimum fire worker's compensation, liability,property company staffing levels, initial full alarm claims, insurance, and charges between the response levels, and extra alarm response departments will be handled in mutual aid levels. Although NFPA codes and standards situations. are voluntary, they are often adopted by local jurisdictions. The League of Minnesota Cities Insurance Trust (LMCIT) developed a model mutual Response: Levels of service delivery for aid agreement that contains the same basic fire and emergency medical services structure for liability as the statute. Many (EMS) have always been determined by cities have entered into area-wide mutual aid local jurisdictions. If mandated, the agreements that are similar to the LMCIT NFPA standards would force local model agreement. To provide uniformity, governments to shift dollars from fire there should be a statute that is similar to prevention programs to fire suppression Minn. Stat. § 12.331, to govern daily fire activities,potentially increasing the risk mutual aid situations that do not rise to the of fire and the danger to local firefighters. level of emergencies. The League of Minnesota Cities opposes Response: The Legislature should pass a any attempt to mandate standards for statute to provide uniform provisions minimum staffing levels of fire, when fire departments assist each other. specialized or EMS vehicles controlled by These provisions should include statutory units of local government. The League definitions and clarifications for: also opposes any attempt to adopt a standard dictating or affecting the a) Who is in command of the mutual aid response time of any fire, specialized or scene. EMS vehicle. b) Who will cover the firefighters for SD-12. Fire Mutual Aid worker's compensation. Issue: City and township fire depar intentsc) How liability and property claims will regularly assist each other with firefighting be handled. and other response activities. This mutual aid is mostly authorized by individual d) Who will pay for expendable supplies written contracts with each city or township, such as foam. which results in a patchwork of different e) When fire departments will charge agreements with different provisions. Often, each other for these services. each city attorney recommends different provisions. 17 f) The ability for fire departments to opt same extent as a municipality under out by having a separate written Minn. Stat. ch. 466; and agreement. b) Notwithstanding Minn. Stat. § 16C.05, SD-13. Clarification of Joint Powers subd. 7,waive its sovereign immunity Relationships with Federally with respect to claims arising from Recognized Indian Tribes liability under the joint powers. Issue: During the 2010 legislative session, SD-14. Ambulance Service Costs Minn. Stat. § 471.59 was modified to allow and Liability federally recognized Indian tribes to participate in joint powers agreements with Issue: The cost of providing ambulance care other governmental entities, including has increased steadily over the last several Minnesota cities. Indian tribes are years due in part to changes in Medicare and extremely unique legal entities under federal Medicaid reimbursement. The federal law and international treaties. The new law Balanced Budget Act (BBA) of 1997 made was a broad-brush authorization that did not two significant changes to ambulance address important issues that uniquely arise billing. First, the act mandated that all when dealing with Indian tribes related to ambulance services accept Medicare and sovereignty, insurance liability and liability Medicaid assignments as payment in full; limits (commonly called"tort caps"). that is, ambulance services cannot bill the Previous laws, such as Minn. Stat. § 626.93 Medicare or Medicaid patient for any unpaid (authorizing tribes to act as law enforcement balance beyond the Medicare or Medicaid entities) explicitly addressed these concerns. assignment. Second, the act mandated a Since the new law passed, interest has been uniform fee schedule that was implemented expressed by public safety groups and in April 2002. The new fee schedule individual cities in entering into joint powers significantly reduced reimbursement levels agreements with federally recognized Indian for many ambulance services. In addition, in tribes. However, legislative guidance is most cases Medicare does not pay for costs needed to address concerns related to related to treatment of patients that are not sovereignty, insurance and liability limits for transported. The BBA mandates are these agreements. impacting the ability of some Minnesota ambulance service providers to adequately Response: Include in Minn. Stat. § 471.59 fund their operations. (the joint powers statute) language substantially similar to Minn. Stat. § The loss of revenue due to Medicare and 626.93 that clarifies that Indian tribes Medicaid reimbursement changes, coupled entering into joint powers relationships with higher insurance rates, is affecting the agree to• ability of many non-government-based • ambulance service providers to deliver a) Be subject to liability for its torts and emergency care,particularly in rural those of its officers, employees, and Minnesota. All ambulance services and agents acting within the scope of their personnel are regulated by Minn. Stat. ch. employment or duties arising out of 144E and must comply with the same the joint powers agreement to the licensing,training, and equipment-related requirements, regardless of ownership. 18 In addition, the liability exposure of medical emergency medical services (EMS) directors associated with ambulance service operating areas, or primary service areas is a concern. While medical directors of (PSAs), for ambulance providers. Once a government-based ambulance services may provider has been approved to operate in a arguably be covered by public official PSA, the provider is authorized to serve that immunity,the law is unclear and should be PSA for an indefinite period of time. clarified. Currently, no other health licensing board in Minnesota grants a provider an exclusive Response: The League of Minnesota operating area. Cities supports federal legislation that would: Historically, health licensing boards have played a critical role in setting professional a) Require Medicare to set ambulance standards and establishing credentialing payment rates to cover the cost of processes. However, the EMSRB has not providing service for both transport imposed operational standards to ensure an and non-transport care of patients; area has adequate coverage and service level such as response time requirements on EMS b) Require adequate reimbursement for providers. Furthermore there is currently no ambulance providers; oversight of ambulance billing rates. The current system does not require ambulance c) Require Medicare to reimburse for services to disclose the number of 911 ambulance transports regardless ambulances staffed,where an ambulance is of medical necessity; responding from or any other important data d) Make it easier for providers to file points that would ensure a community is claims with Medicare by eliminating a receiving quality ambulance services. The processing system that often leads to lack of transparency within Minnesota's the rejection of legitimate ambulance industry compromises reimbursement claims. accountability by EMS providers. The League also urges the Legislature to Response: The League of Minnesota extend the protection of the state and Cities supports allowing local units of municipal Tort Claims Act to licensed government to designate which licensed third parties that contract with a ambulance service provider or providers municipality to provide ambulance may serve their communities and to services. The League also supports determine the appropriate level of service. extending the applicability of public Local units of government should have official immunity to medical directors in tools and authority to ensure the course of ambulance service activities. transparency. The League supports uncoupling the professional standards SD-15. Emergency Medical Services overview role of the EMSRB from the service area determination. Professional Issue: The Emergency Medical Services standards should continue to be set by the Regulatory Board(EMSRB) is the State of EMSRB, which is comprised of industry Minnesota's regulatory entity that oversees professionals and stakeholders. and issues ambulance licenses. The EMSRB has the authority to designate exclusive 19 SD-16. Fees for Service requirements vary based on city population size, most cities must publish ordinances Issue: While general services—such as before they can take effect; advertisements permitting, inspections or enforcement—are for bids; various financial reports; meeting typically funded out of a city's general fund, and hearing notices; notices of elections; cities often impose fees to cover the cost of dates for filing affidavits of candidacy; and providing certain services, permits, and sample ballots. Collectively, these items are licenses. referred to as "official notices," legal notices" and"public notices" in state statute. The Legislature and interest groups often seek to mandate or preserve fee limitations There are several requirements (Minn. Stat. for city services. Over the last several years, § 331A.02) for a newspaper to be a the Legislature has enacted a number of new "qualified"or"official"newspaper for the laws designed to rigorously control local city. For instance, there can only be one fee-setting authority. Examples of such newspaper chosen for the city; it must be mandates include placing limits on coin- printed in English in a newspaper format; if operated amusement machine license fees, it is a daily newspaper, it must be distributed on-sale and off-sale liquor license fees, at least five days each week; if not a daily license fees for retailers selling fireworks, paper, it may be distributed twice a month deputy registrar fees and planning and with respect to the publishing of government zoning fees. The state also requires cities public notices; it must be circulated in the that collect more than $5,000 in city which it purports to serve, and either development-related fees each year to have at least 400 copies regularly delivered annually report all construction and to paying subscribers or have at least 400 development fees to the Department of copies distributed without charge to local Labor and Industry. residents. For cities under 1,300 population, the delivery and distribution threshold is 250 Response:While the state has a role in copies. providing a general, statewide funding policy,the state should not interfere in the As the newspaper industry has been decision-making functions performed by challenged by alternative technologies, a cities when setting city budgets to provide growing number of cities are unable to find city services. The League of Minnesota a newspaper that meets the qualifications in Cities seeks authority for cities to charge state statute. In addition, as technology has fees that are reasonably related to the cost evolved, citizens have become more of providing the service,permit or license. accustomed to the instantaneous availability The League opposes legislation that of online information. Because cities are would require specific methods to pay for committed to providing information to city services or would place caps on city citizens and responding to this demand, they fees. have invested heavily in their websites and in growing a robust online presence. They SD-17. Improving and Increasing survey citizens about what method of Citizen Access to Information communication is preferred and based on this, cities update,reform, evolve, and Issue: State law requires that cities publish advance communication tools and often, certain types of information in a"qualified" they do so with limited means and resources newspaper designated by the city. While the 20 to ensure citizens have access to information resolutions, and rules on the city about their city. website,when feasible. Because of the publishing mandate outlined SD-18. Administrative Fines for in state statute, cities continue to publish in Code Violations newspapers with limited resources while simultaneously providing information to Issue: Many statutory and home rule charter citizens in the format they actually demand cities have implemented administrative online. These requirements originated in enforcement programs for violations of local 1949 and to ensure the original intent of the regulatory ordinances such as building law—providing citizens access to their local codes, zoning codes, health codes, and government—it is time to eliminate these public nuisance ordinances. This use of outdated requirements and make administrative proceedings has kept communicating with citizens more efficient. enforcement at the local level and reduced pressure on over-burdened district court Response: The Legislature should systems. Cities using administrative eliminate outdated and unnecessary enforcement processes experience a lower publication requirements that are no cost of enforcement and a quicker resolution longer relevant or representative of the to code violations. technology we now have that has significantly increased access to Minnesota statutes expressly provide the government. Cities should have the authority for all cities to utilize authority to: administrative enforcement of local codes and enforcement of liquor license and a) Determine whether web publication tobacco license violations. should replace or supplement newspaper publication based on the In 2009, the Legislature amended Minn. unique needs of each community. Stat. ch. 169, the chapter of law pertaining to state traffic regulations, to allow cities b) Designate an appropriate publication and counties to issue administrative citations that reaches the maximum number of for certain minor traffic offenses. Since the citizens possible. passage of the 2009 administrative traffic citations law, some people have questioned c) Use alternative means of whether administrative citations for non- communication to fulfill statutory traffic, liquor, and tobacco license code requirements such as city newsletters, violations can be legally issued by statutory cable television, video streaming, e- cities given that state law does not expressly mail, blogs and city websites. provide authority on other code matters. d) Expand the use of summaries where Response: The League of Minnesota information is technical or lengthy. Cities continues to support the use of city administrative fines for local regulatory e) Publish and provide public access to ordinances, such as building codes,zoning local codes of ordinances on a website codes, health codes, public nuisance accessible to the public and to post ordinances, and regulatory matters that revisions and changes to city codes, are not duplicative of misdemeanor or higher-level state traffic and criminal 21 offenses. The Legislature should clarify streamline the process and reduce local that both statutory and home rules purchasing costs. Specifically,the League charter cities have the authority to issue supports authorizing cities to use the administrative citations for code design-build procedure and providing violations. Further, state statute should municipalities with broader authority, allow statutory and home rule charter similar to that of private businesses, to cities to adjudicate administrative directly negotiate contracts. The citations and to assess a lien on properties Legislature should establish a task force for unpaid administrative fines. to review municipal contracting laws and consider contracting and purchasing SD-19. Contracting and Purchasing reforms that give cities the flexibility to provide quality goods and services at the Issue: Minnesota statutes stipulate lowest cost to taxpayers. contracting and purchasing requirements for Minnesota cities. The law prescribes the SD-20. City Enterprise Operations process political subdivisions must use to make purchases and award contracts, and Issue: Historically, city enterprise requires a competitive sealed bid procedure operations have been created in response to for contracts or purchases over$175,000. community needs, lack of a private market, The intent of these statutory requirements is financial reporting requirements, state and to provide taxpayers with the best value for federal mandates, to enforce state and local their dollar and ensure integrity in the law, and to ensure a quality of life for the process. However, imposing these statutory residents of a community. Establishing an requirements may, at times,result in enterprise operation allows a city to provide political subdivisions paying more for goods a desired service while maintaining financial and services than private entities under the control over service levels, costs, and public same circumstances. inputs. The Legislature recognized the benefits In some cases, enterprise operations produce associated with alternative purchasing general public benefits and may require methods when it amended municipal public support to ensure a desired level of contracting law in 2004 to authorize the use service at a reasonable cost. The benefits of of reverse auctions to purchase supplies, an enterprise operation, therefore, should be materials, and equipment. Similarly, other evaluated not solely in terms of profitability contracting procedures, including"design- but also on the service benefits to citizens of build" and direct negotiation are proven the community. alternatives to the formal bidding process. Authorizing broader use of these types of Response: The League of Minnesota alternatives as the Legislature did in 2009 by Cities supports the local decisions made authorizing a design-build pilot program, by cities to deliver services by establishing would enhance the ability of cities to make a city enterprise operation. The state appropriate and fiscally responsible should refrain from infringing on the purchasing decisions. ability of a city to provide services for its community. Response: The League of Minnesota Cities supports broader use of alternative contracting and purchasing methods that 22 SD-21. Preservation of Order in Additionally,unlike a statutory change, a City Council Meetings constitutional amendment is difficult to modify or repeal once enacted. Issue: The Minnesota Supreme Court recently held a provision in Minn. Stat. § Response: The League of Minnesota 609.72, subd. 1(2), that prohibits disturbing Cities strongly supports our public meetings was unconstitutionally representational system of government broad. State v. Hensel, A15-0005 (Minn. and opposes laws and amendments that 2017). Minn. Stat. § 412.191 gives statutory restrict local government. The Legislature authority to city councils to preserve order is the appropriate governing body to and regulate procedure at their meetings. consider and enact laws that reflect Cities rarely relied on the struck-down statewide interests. Utilizing statute,but instead used other avenues to constitutional amendments to change maintain order, such as issuing warnings and public policy circumvents this process. enforcing decorum rules. The struck-down Therefore,the League supports requiring statute served as a last resort when other options did not work. a supermajority vote (two-thirds in support) by the Legislature to put an Response: The Legislature should ensure amendment on the ballot. statutes adequately balance public participation with the ability to effectively SD-23. Initiative and Referendum manage public meetings and protect public safety. Issue: The Legislature has frequently considered legislation to establish initiative SD-22. Constitutional Amendments and referendum by proposing to place a question for voter approval on the state Issue: The Minnesota Constitution requires general election ballot to amend the state that a constitutional amendment be approved constitution to allow voters to initiate or by a simple majority of both chambers of the repeal state laws by submitting a petition Legislature at one session and must then be which would cause such questions to be ratified by a majority of all the voters voting placed on the state general election ballot. at the election. Minnesota is one of 18 states that require a simple majority vote by Response: Cities strongly support our legislators while 26 states require a higher representational system of governance threshold(17 states require a two-thirds and, therefore, oppose amending the state majority and nine require a three-fifths constitution to provide for initiative and majority). Since statehood, 215 proposed referendum. The Legislature is the constitutional amendments have been voted appropriate governing body to consider on by the electorate; 120 of them have been and enact public policy that reflects approved(56%) and 95 rejected(44%). statewide interests. Cities provide a variety of critical and The process of adopting state law based essential services to residents of Minnesota. on good public policy is best upheld and Many public policy decisions at the state supported by increasing the level impact cities and therefore, city accountability and responsiveness of the officials depend on their state legislators to legislative process, not by circumventing represent city interests at the Legislature. it. Presenting complex issues to voters in 23 the guise of direct democracy further interests without any statutory weakens representative government. expansion of property rights. A state constitutional amendment to d) Clarifying and maintaining the provide for initiative and referendum applicability of municipal immunity in subjects cities and their residents and various areas, including, but not taxpayers to the unintended outcomes of limited to,vicarious official immunity sometimes unwise attempts to place and park and recreational immunity, significant public policy decisions into the including the extension to entities hands of special interests that can raise providing a public service that have unlimited funds for the purpose of not traditionally been included within promoting their more narrow interests. the immunity(e.g., state trails over municipal utility easements). SD-24. Civil Liability of Local Governments e) Preserving changes to Minnesota's joint and several liability laws that Issue: One of the barriers to the delivery of require a municipality to be at least 50 governmental services and programs is the percent at fault to be held responsible exposure of local governments and their for 100 percent of a damage award. officials to civil damage claims. The state has acted to protect itself and its local 0 Reasonable limits on the amount and governments by enacting exceptions and circumstances in which statutory limitations to liability suits, and authorizing attorney fees may be awarded in order self-insurance and other mechanisms to deal to encourage settlement by all parties with claims allowed by law. and decrease the likelihood of litigation. Response: The League of Minnesota Cities supports: g) Preserving the essential structure of the local government tort liability caps a) Creating an exception to municipal in Minn. Stat. § 466.04. tort indemnification law, Minn. Stat. § 466.07,where an employee is defended SD-25. Private Property Rights and and indemnified for claims under a Takings contract of insurance carried by the employee. Issue: In the wake of the U.S. Supreme Court's 2005 decision,Kelo v. City of New b) Extending the protection of the state London, 545 U.S. 469, which upheld the and municipal Tort Claims Act to ability of local governments to use eminent quasi-governmental entities when domain for economic development performing public services such as purposes, the Legislature enacted significant firefighting or licensed third-party restrictions on cities' use of eminent domain ambulance providers that contract for economic development and with a municipality to provide redevelopment, and imposed new ambulance services. compensation and procedural requirements that apply to all condemnation actions, c) Existing constitutional safeguards for including those for traditional public uses protecting public and private property such as roads,parks, and schools. 24 Legislation to control cities' abilities to a) Allows businesses to seek inverse perform regulatory acts—such as road condemnation when a city provides rights-of-way condemnation, shooting range competing goods or services, or limits zoning, and amortization—has also received the number of private operators. strong support from legislators. In addition, some legislators would like to authorize b) Creates an automatic cause of action businesses to seek inverse condemnation for damages any time a local when a governmental entity enters the regulatory action impacts the use or business market and provides competing reduces the value of private property. goods or services or limits the number of businesses that can operate privately or The League supports legislation that: receive public contracts. a) Authorizes cities to use eminent Such legislative initiatives threaten a wide domain for economic development array of planning, environmental, historic and redevelopment projects that preservation, and land conservation advance a greater public good that measures and undermine the fundamental benefits the community. responsibility of cities to protect the public health, safety, and welfare of its citizens. b) Empowers local elected officials to determine whether a particular taking In 2006, the Legislature enacted Minn. Stat. of property serves a public purpose. § 117.031, a statute related to attorney fees in the eminent domain process. The c) Creates incentives to encourage structure of the statute has resulted in landowners to voluntarily sell their attorney fee awards in eminent domain property to the public for actions that have no relationship to the development or redevelopment. outcome of the case, serve only to encourage d) More appropriately balances awards litigation, and shift limited public funding of attorney fees and costs of litigation away from infrastructure projects. with the outcome of the eminent Response: State law must continue to domain proceeding. provide cities with the tools needed to balance the rights of private property SD-26. Organized Solid Waste owners with the interests of the public. Collection The League of Minnesota Cities opposes legislation that diminishes the ability of Issue: "Organized collection"refers to a cities to act in the best interest of the situation where a local unit of government, health, safety, and welfare of its citizens; for any of a variety of reasons, decides that that increases the cost of doing business there is a public interest served by limiting for the public good; or that creates the the number of solid waste and recycling possibility of additional lawsuits against collection services available in the area. The cities. reasons for implementing organized collection can vary, but include: Specifically, the League opposes legislation that: a) Public safety concerns caused by the number and frequency of large trucks 25 moving quickly through residential collection as a waste management option. neighborhoods; This change would also create a virtual monopoly situation for any company b) Reducing wear on public infrastructure awarded a solid waste contract under from heavy truck traffic; organized collection. The local unit of government would have to "buy out" a c) Improving the efficiency, cost and contractor in the future to change providers, quality of garbage and recycling service even if their services were no longer the provided to local residents; lowest bid. It also creates an incentive for bidders under organized collection to submit d) Cooperating with other local high bids, as they would be eligible for governments to best meet solid waste damages if they fail to win without having to management and recycling objectives; provide service. Furthermore, this is a e) Taking local steps to reduce energy precedent that, if applied to other impacts of public services; and government purchasing and service contracting decisions, would clearly run f) Meeting the requirements of county counter to the public purpose of government ordinances and solid waste management providing services at the lowest feasible cost plans as required under Minn. Stat. § to taxpayers. 115.94. Response: The League of Minnesota Organized collection is also encouraged in Cities opposes efforts to apply inverse state solid waste policies as a means of condemnation claims to city solid waste improving the efficiency and coordination of contracting decisions or to allow solid waste management between local units automatic contractual damage claims for of government. There are very specific and solid waste haulers that lose competitive burdensome public procedures laid out in bids in organized collection communities. statute defining how such a decision must be Further, the League supports the current publicly vetted and approved and over what time period that can occur. state policy that organized collection is a valuable tool as part of a comprehensive Despite all of these important and valid solid waste and recycling management reasons for using organized collection, program and recognizes the need to legislation has been discussed in several protect and preserve the authority of recent sessions that would allow special cities to adopt solid waste service takings claims or contractual damages to be contracts that protect public safety, the claimed by the solid waste industry if local environment and public infrastructure. governments make decisions that limit the number of companies that can collect SD-27. Private Well Drilling garbage in a community in a manner that prevents a company currently operating in Issue: The state has continued to place the community from continuing to do so requirements on public water supply through the implementation of organized providers to add drinking water treatment collection. The unspecified and ongoing and testing, to restrict the volume of water liability this change would create would used, and to increase the cost of water use have the effect of eliminating organized through fees and requirements on utility rate structures. As a result, many water users are 26 choosing to obtain all or portions of their "development that maintains or enhances water from wells they place on their own economic opportunity and community well- property. This creates risks to public health being while protecting and restoring the and safety, can affect the surrounding natural environment upon which people and environment, can affect city water supplies, economies depend. Sustainable and can leave city water utilities with development meets the needs of the present massive losses of customer load and rate without compromising the ability of future revenue. generations to meet their own needs." Providing clean, safe, cost-efficient drinking Cities play a key role in fostering water to citizens is an essential service sustainable development and other provided by 726 active municipal water conservation practices due to their role in systems. The Minnesota Department of land use planning and zoning, stormwater Health(MDH) agrees that cities have the and wastewater management, and local statutory authority to determine whether economic development. Local governments private wells are an appropriate use within can take a lead on these issues by choosing their boundaries and that cities must protect to incorporate aspects of sustainable the public water supplies from numerous development into their local operations and private wells in city boundaries. Private facilities. They can also develop local wells in a city increase the risk of policies and regulations that support and contaminating public water supplies and guide individual and private sustainability encourage over use of water. Cities have the efforts. The ability of a city to affect these authority to regulate and even prohibit changes can, however, be restricted by private wells by local ordinance. policies and requirements imposed by other levels of government. Response: The League of Minnesota Cities supports current law that Sustainable development initiatives can authorizes cities to protect public health cover a wide range of issues but share the and safety through local controls benefit of lessening the future environmental regulating or prohibiting private wells impacts of communities on the land, air, and being placed within municipal water water in their area. Lakes, streams,rivers, utility service boundaries and would wetlands, wildlife habitat, shoreland areas, oppose any changes to law to remove that and other natural resources can be protected authority. and enhanced in quality through local efforts. Energy efficiency and renewable SD-28. Sustainable Development energy production reduce the energy demands of a community and the Issue: Minnesota cities spend significant environmental impacts of energy time and resources planning for growth, production. By more efficiently using public development, and redevelopment that will infrastructure and minimizing resource best serve the future needs of their residents. consumption, the costs to individuals, Numerous factors are considered as part of business, and government can be reduced. that process,but an area of increasing New and expanded business and job interest involves concepts often categorized opportunities are also generated by the as "sustainable development."Minn. Stat. § "green"products and services needed to 4A.07, subd. 1(b), defines this term, as it implement sustainable development pertains to local government,to mean initiatives. The ideal result of well-planned 27 sustainability, natural resources solutions are cost effective and management, and conservation efforts is a appropriate. city that is more efficient in the use of its resources and infrastructure, creates fewer b) Using local land-use planning and environmental problems for future zoning to protect and enhance limited generations to address, and is a more natural resources, and reduce the desirable home for residents and businesses. impacts of growth and development on local infrastructure. Response: The League of Minnesota Cities supports federal, state, and c) Promoting efficient and renewable regional efforts to promote sustainable energy sources. development where the effectiveness of the proposed practice is supported by d) Encouraging sustainable building sound science, and as long as those efforts design, construction, and operation do not supersede the authority of local strategies focused on integrated governments to determine their own design, energy efficiency, water policies regarding land use and related conservation, stormwater issues. management, waste reduction, pollution prevention, indoor Providing technical assistance and environmental quality, and the use of financial incentives and streamlining low-impact building materials and regulations to encourage local products. governments and private property owners to engage in sustainable development e) Supporting sustainable economic practices, as well as assisting in education development, such as brownfield and information efforts for the building clean-up, on-site stormwater industry and the public, are the best management, and sustainable business means to generate successful results. practices and technologies. These programs should focus on I) Assisting and recognizing local outcomes, allowing flexibility in how to governments that take actions to best meet those outcomes in different locations and situations. The League reduce greenhouse gas emissions and opposes mandates that limit the authority increase energy efficiency by of cities to determine what practices will providing and identifying technical best meet the needs of their communities. assistance, financial assistance, and best practices. The League supports sustainable development efforts that meet the above SD-29. Advanced Energy Building criteria, including programs proposed in Standards the following areas: Issue: The State of Minnesota has made a a) Shifting public resources, services, strong statutory commitment to the investments, purchasing power, and reduction of carbon emissions and procurement toward more greenhouse gases. As part of that effort, economically and environmentally projects funded by the state must meet a set sustainable outcomes where those of energy requirements called Sustainable Building 2030, or SB 2030. However, to 28 meet state energy efficiency goals, needing to know if the jurisdiction uses the improvements in energy performance of requirements outlined in existing State buildings not financed by the state will also Building Code or has adopted the added be needed. energy section. The State Building Code sets the standards Discussions with developers, architects, that must be met in new or substantially engineers, city staff, energy efficiency retrofitted structures and prohibits local experts,utility interests, labor, state requirements that differ from that code. The agencies, academia, and other stakeholders current state schedule for the amendment have examined approaches the state could and adoption of more stringent building and use to create and allow an advanced energy energy codes is not adequate to result in the building standard. While several different state meeting those goals. versions could work, it is clear that Minnesota needs to change its approach in Cities working on improving the energy order to meet state energy efficiency goals. performance of development within their communities have identified a clear Additionally,utilities across the region have opportunity to establish cost-effective extensive requirements and goals related to energy-efficiency performance standards for reducing energy consumption and increasing new and substantially reconstructed power generation from renewable resources. commercial, industrial, and institutional For advanced energy building standards to buildings that can significantly reduce be an effective tool,they will need to be carbon dioxide emissions by lowering designed to work in cooperation with those energy use in those structures. existing programs. Two solutions have been proposed. One, Response: The legislature should require referred to as an advanced energy building the Department of Labor and Industry to standard, creates an optional tier of either establish an advanced energy additional energy efficiency requirements building standard beyond the base for buildings in those categories if they statewide commercial code for the exceed a designated square footage. Such an construction, reconstruction, and addendum would be state-developed and alteration of public and private cities could choose whether to apply it in commercial and multifamily residential their jurisdictions based on community buildings that exceed a certain square priorities, opportunity, and readiness. An footage as an appendix of the State advanced energy building standard would Building Code, or should adopt the allow municipalities to require more energy advanced energy standard as part of the efficient buildings, reducing the energy State Building Code. burden for building occupants and lowering overall greenhouse gas emissions. These standards should conform to timelines and performance measures that A second would have the state adopt a result in net zero carbon emissions by universal advanced energy building standard 2036 or sooner and should be updated within the State Building Code. In either every three to five years. If it is an solution, having a uniform set of standards appendix, cities should be provided the prevents confusion by developers, designers, authority to adopt the advanced energy planners, and regulators, with people only standard by ordinance at their discretion, 29 making it an official addendum to the While a single set of coordinated codes baseline energy code in any jurisdiction helps provide consistency in code adopting them. administration and enforcement, implementation of sustainable building The League recognizes the benefits of a design, construction, and operation does not consistent state code and supports a readily integrate with the existing state requirement that a local jurisdiction building and energy code system. As a adopting the standards in the appendix result, many cities are interested in adopting may not amend them but may specify the an advanced energy building standard minimum size structure to which they beyond the base statewide commercial code apply, as long as it is 10,000 or more for the construction,reconstruction, and square feet. alteration of public and private commercial buildings. An advanced energy building SD-30. Construction Codes standard would allow municipalities to require more energy efficient buildings, Issue: The State Building Code (SBC) is the reducing the energy burden for building statewide standard for the construction, occupants and lowering overall greenhouse reconstruction, alteration, and repair of the gas emissions. buildings and other structures of the type governed by the code. A building code Response:A statewide-enforced building provides many benefits, including code may have benefits but requiring it uniformity of construction standards in the would result in an unfunded mandate. building industry, consistency in code interpretation and enforcement, and life- Enforcing the State Building Code should safety guidance. Since 2018, the state will remain a local option for the adopt a new version of the SBC every six municipalities that have not already years after a rulemaking process that allows adopted the Code unless the state fully for significant public input. The League funds the costs of enforcement and supports adopting and amending the SBC inspection services necessary to enforce a through the rulemaking process, and statewide building code. If the Legislature opposes legislative changes to the building requires all cities to enforce the State codes absent unusual or extraordinary Building Code, local governments must circumstances. have the option to hire or select a building official of their choice and set the While all cities must enforce certain codes— appropriate level of service—even if the such as the accessibility code and the state fully funds code enforcement bleacher safety code—enforcement of the activities. SBC remains a local option for cities outside of the seven-county metropolitan area with The state should collaborate with local fewer than 2,500 people that did not adopt governments, construction industry the code before Jan. 1, 2008. Requiring representatives, and other stakeholders to enforcement of the SBC by smaller cities in review the building and energy codes and Greater Minnesota is cost-prohibitive for consider modifications to encourage many cities and would result in an unfunded sustainable building design, construction, mandated. and operation. Specifically: 30 a) For purposes of federal conformity, delegation process. DLI, after consulting the state should adopt the local governments and the League, International Energy Conservation implemented a new delegation procedure as Code as part of the State Building required by statute. Although the new Code. delegation process is a significant improvement, it can still be difficult for b) The Legislature should authorize local building officials to achieve the cities to voluntarily adopt a uniform experience necessary to be delegated full advanced energy building standard inspection authority. with stronger local standards for development and conservation that Response: Minnesota's housing and will help inform the baseline state construction industries depend on the code development process. work of local building officials, and cities that enforce the State Building Code SD-31. Building Officials endeavor to provide quality code administration and enforcement. The Issue: There is a shortage of certified State must increase its efforts to train new building officials in Minnesota. This building officials and must provide shortage is particularly acute in Greater sufficient education to help local officials Minnesota where some cities have trouble efficiently administer and enforce finding certified building officials to construction regulations to protect the perform inspections required by state law. health and safety of citizens. These Minnesota needs to hire a new generation of education efforts should include training certified building officials and must ensure to assist local building officials gain the that current officials have adequate training requisite experience to qualify for and opportunity to inspect a wide range of delegation of state-licensed facilities and projects. In light of emerging technologies public buildings. The Legislature should and offsite building methods such as encourage the Minnesota Department of panelization and modular construction, it is Labor and Industry to provide training important that certified building officials opportunities to ensure certified building have training opportunities that address officials across the state have the skills inspection processes for new trends in and expertise to provide onsite homebuilding. inspections of buildings constructed by new building methods such as The Department of Labor and Industry panelization and modular construction. (DLI) has authority over state-licensed facilities and public buildings. Pursuant to The League urges the state to make Minn. Stat. § 326B.106, subd. 2, it must surplus revenue from the building permit delegate authority to inspect projects on surcharge available to local governments these buildings to a municipality if DLI to help defray the cost of complying with determines that the municipality has code official training and education adequate qualified local building officials to requirements. perform plan review or inspection of the projects. In 2014 the Legislature passed legislation requested by the League of Minnesota Cities and agreed to by DLI to provide more transparency and clarity to the 31 SD-32. Disability Access public facility must be fully accessible. The Requirements court rejected the ADA's limitations on modifications for physical access to older Issue: Title II of the Americans with facilities, as well as the ADA's "when Disabilities Act(ADA) of 1990 requires that viewed in its entirety"language for program state and local governments provide people access. The result is a more restrictive state with disabilities equal opportunity to benefit standard for physical access to public from all of their programs, services, and facilities than required by the ADA and the activities. Public entities are not required to State Building Code. take actions that would result in significant financial and administrative burdens,but Response: The League of Minnesota they must modify policies,practices, and Cities supports changes to the MHRA procedures to avoid discrimination unless that will make state accessibility they can demonstrate that doing so would standards compatible with the federal fundamentally alter the nature of the service, ADA for public services and facilities. program, or activity being provided. The Legislature should clarify that a facility that is in compliance with State and local governments are also Accessibility Code provisions of the State required to follow specific standards when Building Code meets the physical access constructing new facilities and altering requirements of the MHRA. State law existing public buildings, and they must should also specify that accessibility relocate programs or otherwise provide requirements apply to public programs access in inaccessible older buildings. Under and services as a whole, rather than to the ADA,public entities are not necessarily each individual aspect of a public required to make each existing facility program or service. accessible. However, their programs—when viewed in their entirety—must be readily SD-33. Assaults on Code accessible to people with disabilities. A Enforcement Officials public entity may achieve program accessibility through various methods. For Issue: Many city employees and contractors example, a city may alter existing facilities, are required to enforce city codes and acquire or construct new facilities,relocate a ordinances and state statutes and rules as service or program to an accessible facility, part of their job duties. Code enforcement or provide services at other accessible sites. can involve denying a building permit, ordering a landlord to make repairs to rental One district court judge has taken an properties, or fining property owners for expansive view of disability access failing to abate a nuisance. Because of the requirements for public recreation facilities. nature of their job, code enforcement The case involved a parent who sued a city officials can be subjected to verbal assaults, due to difficulty viewing soccer and baseball threats, and physical violence. games on certain city fields. The court, in interpreting the Minnesota Human Rights Minnesota law recognizes the need to Act(MHRA), held that any public facility is protect certain employees whose jobs make a public service. Since the MHRA requires it more likely that they will be the target of that every public service be accessible to assaults by escalating assault charges from disabled persons, the court concluded that fifth to fourth degree for the assaults of each and every playing field and other peace officers, firefighters, school officials, 32 and"public employees with mandated different kinds of properties have caused duties". Minn. Stat. § 609.2231, subd. 6, confusion about how the law applies to specifically defines "public employees with multi-use facilities, such as municipal ice mandated duties" as agricultural inspectors, arenas used for school-sponsored programs. occupational safety and health inspectors, child protection workers,public health Further, the law gives private property nurses, animal control officers, and owners the right to prohibit guns in their probation or parole officers. An assault on establishments but prohibits landowners one of these employees who is engaged in from restricting firearm possession by the performance of a duty mandated by law, tenants and their guests without court order, or ordinance, is a gross distinguishing between residential and misdemeanor if the person knows the commercial properties. This creates employee is engaged in the performance of confusion for shopping malls and other retail official duties and inflicts demonstrable properties with large common areas that are bodily harm. not occupied by the tenants but which the tenants and their customers must cross to Under current law, an assault on a code access the tenant's space. enforcement official not enumerated in Minn. Stat. § 609.2231, subd. 6, while Finally, the Citizens Personal Protection Act performing official business can only be does not explicitly state the type of firearm a charged as fifth degree assault, a permit holder may carry, and this has led to misdemeanor, unless it results in substantial ambiguity regarding whether the law is bodily harm. All code enforcement officials limited to the right to carry a pistol-length should be afforded the same protections firearm in public or if it allows for any under Minnesota Statutes, and the legislature firearm, including a military-style assault should amend the statute to expand the rifle. employees covered by the statute. Response: The League of Minnesota Response: The legislature should expand Cities requests an amendment to the Minn. Stat. § 609.2231, subd. 6, to include Citizens Personal Protection Act that code enforcement officials. The term code would allow cities to prohibit firearms in enforcement official should be defined city-owned buildings, facilities, and parks. broadly to include public employees and The League supports clarifying the Act to contractors whose jobs require them to state that a permit holder, under the enforce all administrative codes, rules, terms of a permit, is allowed to carry a ordinances, and state laws. pistol-length firearm,but not a semiautomatic military-style assault SD-34. Restrictions on Possession of weapon. The League is not seeking a Firearms repeal of the Citizens Personal Protection Act, nor authority to prohibit legal Issue: The Minnesota Citizens Personal weapons in parking lots or on city streets Protection Act, also known as "conceal-and- and sidewalks. The League also supports carry,"prohibits guns on most school efforts by commercial property owners to properties but forbids other local units of clarify that the prohibition on restricting government from prohibiting loaded possession by tenants and their guests firearms on their properties. The applies only to residential rental property. inconsistencies in the law's treatment of 33 SD-35. Public Safety acquisition and modernization of Communications subscriber equipment, such as portable and mobile radios required for ARMER Issue: The state role in financing public users. The League also opposes efforts to safety communications has important cost divert dedicated ARMER funds to the implications for cities. The state needs to state's general fund. The Legislature accept financial responsibility for use by should fund regional cooperation and cities of the state public safety radio partnerships for effective delivery of 911 communications backbone. Cities have service,training and use of ARMER. struggled to pay high expenses to participate in the 800 MHz statewide public safety The League also urges the FCC to system. continue to support availability of wireless spectrum necessary to expand In previous state budgets, the Legislature channel capacity that allows local public turned to revenue sources upon which cities safety agencies to meet future needs of depend to cover costs to purchase and cities and other local units of government. operate new communications technology and hardware for computer-aided dispatch, SD-36. Criminal and Juvenile 911 public safety answering points (PSAPs), Justice Information and interoperable radio communications equipment and subsystems in order to Issue: Criminal justice information finance the build-out of the state backbone integration is about getting the right for the new system. As a result, fees were information into the hands of the right directed to fund revenue bond debt service people at the right time and in the right place used to complete the statewide build-out of to make key decisions throughout the the Allied Radio Matrix for Emergency criminal justice process. The integration of Response (ARMER) and the cost of criminal justice information remains operations of the state public safety radio complex and multifaceted. It takes time and communications backbone. resources from all levels of government. Public safety is compromised when there is At the federal level, the Federal a lack of centralized, complete, and accurate Communications Commission(FCC) has criminal history data about individuals, ordered reservation of 700 MHz wireless incidents, and cases. spectrum for a national interoperable broadband network to meet public safety City officials are aware of the complex communications needs. FirstNet was issues raised by the utilization of electronic established in 2012 as an independent record keeping, data sharing, and access to authority within the National records that identify data subjects. The Telecommunications and Information League of Minnesota Cities recognizes that Administration (NTIA) and is responsible one of the ongoing challenges with the for constructing a nationwide high-speed integration of criminal and juvenile justice public safety wireless broadband network. information is meeting the requirements of the Minnesota Government Data Practices Response: The League of Minnesota Act(MGDPA). Cities supports continued and increased state financing of substantial local costs to More than 500 cities operate police participate in ARMER, including the departments. These departments vary 34 dramatically in fiscal capacity, staffing a) Requires pawnbrokers to record all resources, and technical expertise. Further, transactions, including details of the item each municipal law enforcement agency has pawned or sold, information about the unique operating procedures, strengths, and customer and the cost of the transaction. needs based on the community it serves. The League knows the integration and security b) Requires pawnbrokers to maintain access to criminal and juvenile justice records of all transactions for three information systems has a significant impact years, and to make records available on municipal police business practices. upon request to law enforcement agencies. Response: The League of Minnesota Cities supports continued efforts by the c) Allows pawnbrokers to charge a state to integrate and make available maximum monthly interest rate of 3 criminal justice information systems. This percent of the principal amount loaned in includes efforts in key areas of funding, a transaction,plus a reasonable fee for data practices, collaborative storage and services. relationships,balancing privacy and public safety, and addressing aging The Automated Property System (APS) is a systems. The League also supports the computerized system for tracking and Criminal and Juvenile Justice monitoring pawn transactions. The purpose Information Advisory Group, cooperation of the APS is to provide a tool to verify among legislators,law enforcement, compliance with Minn. Stat. ch. 325J, to corrections agents, court officials, help identify and minimize illegal activity, prosecutors, community groups, and to recover stolen property, and to provide a businesses that build public support for legitimate environment for consumers. criminal justice systems. Currently, almost 260 law enforcement agencies and over 190 stores in Minnesota To ensure compliance with the MGDPA, and Wisconsin participate in the APS system comprehensive guidelines and operational as either a"query only" or"contributing" practices should be implemented to member. safeguard access to and use of criminal and juvenile justice data. However, data All access to and use of information in the practices policies should not create new, APS system is governed by the Minnesota unfunded mandates for local units of Data Practices Act. Only authorized users government or compromise the usefulness have access to the data. There is no public of criminal and juvenile justice systems access to the data. Further, data that would by creating unnecessary barriers. reveal the identity of persons who are customers of a licensed pawnbroker or SD-37. Pawn Shop Regulation and secondhand goods dealer are private data on Use of the Automated Property individuals and only used for law System (APS) enforcement purposes. Data describing the property in a regulated transaction with a Issue: Minn. Stat. ch. 325J enables licensure licensed pawnbroker or secondhand goods for pawnbrokers and provides statewide dealer is public. minimum regulations for the pawn industry. Original pawn and secondhand transactions Specifically, the law: reported to the APS carry a $1 fee, 35 regardless of the number of items involved. SD-38. City Costs for Enforcing All subsequent updates or corrections to State and Local Laws transactions are processed without charge. Contributing jurisdictions may also add Issue: Cities experience substantial costs regulatory costs to the transaction fee. The enforcing state and local laws, particularly total transaction fee is then typically those related to traffic, controlled assessed by the dealer to the customer. substances, and incarceration of prisoners. The current method in our criminal justice A bill that would weaken Minn. Stat. ch. system of recovering costs for law 325J and restrict the use of the APS has enforcement and prosecution through fines been introduced in the Minnesota is insufficient to meet the costs incurred by Legislature. Specifically, the legislation local governments. Further, when a violator would forbid law enforcement agents from requests relief from paying the full amount acquiring customer information from pawn of the fine and surcharge, the courts have and secondhand shops until they have been more inclined to waive the fine than to probable cause to do so and would eliminate reduce the surcharge. When this occurs,the the authority of local units of government to local units of government recover no costs more strictly regulate pawn and secondhand even though the city has incurred expenses. dealers. Response: The Legislature should review Response: The League of Minnesota this issue and adopt measures that Cities supports the authority of cities to provide for complete reimbursement of regulate and license pawnbrokers and the costs incurred by local governments in opposes any legislation that would remove enforcing state and local laws. Solutions the authority of local governments to that should be considered include: enact more restrictive regulations than currently exist in Minn. Stat. ch. 325J. a) Increasing fine amounts. The League supports the authority of b) Removing or modifying county and cities to set licensing and transaction fees state surcharges that conflict with cost that enable them to recover their full recovery principles. regulatory and enforcement expenses. c) Requiring the courts to consider The League supports cooperation ordering restitution from the between law enforcement agencies and defendant to reimburse the costs of the pawn industry that enhances the enforcement and prosecution as part ability to identify illegal activity and of any sentence. recover stolen property. Access to transaction information by law d) Requiring that if a court reduces the enforcement agencies is vital to amount paid by a violator, any accomplishing this goal. Further, the reduction should be made from the sharing of information through the use of surcharge and not the fine. the APS is a proactive way to prevent property and other crimes. 36 SD-39. Compensation and care to individuals should be covered by Reimbursement for Public Safety insurance and not be borne exclusively by Services the community's taxpayers. Cities should have the authority to bill for the full cost Issue: Municipal public safety personnel of first responder medical services they often respond to emergencies involving non- provide and to collect on unpaid bills. residents. For example, municipal fire, Insurance companies should be required police, and/or ambulance services may be to reimburse local governments for the dispatched to the scene of a traffic accident full cost of providing these emergency on an interstate highway involving victims medical services. Finally, auto and from other cities or states. Although cities homeowner's insurance policies should be can bill for some public safety services they required to insure for the cost of provide to non-residents, they have limited emergency responses. authority to collect on unpaid bills. SD-40. Administrative Traffic Cities have also found that auto insurance Citations policies vary when it comes to coverage for emergency responses. Insurance companies Issue: Cities have implemented of those responsible for accidents sometimes administrative enforcement programs for deny payment for fire service. violations of local regulatory ordinances, such as building codes, zoning codes, health Additionally, municipal public safety codes, and public nuisance ordinances. This personnel commonly respond to use of administrative proceedings has kept emergencies that require the provision of enforcement at the local level and reduced medical services. The medical services pressure on over-burdened district court provided by the city-employed first systems. responders are part of a continuum of health care that is covered by insurance companies The Legislature has repeatedly increased the when provided by paramedics and other fine surcharge on district court cases to medical care providers; however, insurance generate revenues for the state's general policies vary when it comes to coverage for fund. The surcharge—the amount paid over municipally provided medical services. and above the fine—is now $75 per citation. Insurance companies of those treated by The growth in the surcharge has municipal public safety personnel frequently dramatically increased the cost of citations deny payment for emergency medical and has caused some to question whether the services when they are billed by a total of the fine and surcharge is municipality. disproportionate for minor matters. To lower the amount imposed on their residents, a Thus, when a municipal public safety number of cities have expanded their agency provides first response medical administrative programs to include some assistance, they commonly do so at the offenses traditionally heard in district court, expense of local property taxpayers. such as minor traffic offenses. Response:While emergency medical The increased state surcharges have not been responses are legitimate functions of used to assist local units of government with municipal public safety departments, the the growing costs of enforcement and costs of providing emergency medical prosecution. No matter which entity—city, 37 county or state—issues a statutory citation, SD-41. Juveniles in Municipal Jails the violator pays between $115 and $127 for a minor speeding violation. Of this amount, Issue: Municipal jails have long served as the city receives between $13 and$20, and holding facilities for suspects who are being the county receives just slightly more. questioned and/or booked, and for those awaiting transfer to a county jail or juvenile Further, when a violator requests relief from detention facility. In 2012, the Minnesota paying the full amount of the fine and Department of Corrections (DOC) issued a surcharge, the courts have been more reinterpretation of an existing law to say inclined to waive the fine than to reduce the that, "[W]here counties have secure juvenile surcharge. When this occurs, the local units correctional facilities...juveniles are not of government recover no costs even though allowed to be held in jail and/or municipal the city has incurred expenses. lock-ups for any length of time." In 2009, the Legislature amended the This interpretation is in conflict with a statutes to allow administrative fines to be provision in Minn. Stat. § 260B.181, subd. issued for certain minor traffic offenses. 4, which provides that juveniles can be held Cities report that the short list of offenses in a licensed juvenile facility for up to six noted in that law change does not adequately hours. Many municipal jails, including address the needs of local law enforcement. those in counties where juvenile detention Additional authority is necessary to allow facilities exist, have been operating under law enforcement officers to implement an the six-hour holding law. effective program to reduce violations. Managers of municipal jails indicate the Response: The League of Minnesota reinterpretation of the law is contrary to Cities continues to support the use of city common practice and presents significant administrative fines for local regulatory challenges for municipal law enforcement ordinances, such as building codes,zoning personnel. codes, health codes, public nuisance ordinances and regulatory matters that Response: The League of Minnesota are not duplicative of misdemeanor or Cities supports a statutory clarification higher level state traffic and criminal that would allow juveniles to be held for offenses. Cities should have the authority questioning and booking in licensed jail to issue administrative citations for low- facilities for up to six hours, regardless of level moving and equipment violations whether the county has a juvenile that: 1) would otherwise result in detention facility. warnings, and 2) occur on roadways where the speed limit is 45 miles per hour SD-42. Justice System Funding or less. Issue: Over the past several years, If state leaders choose not to expand the Minnesota's justice system has operated list of administrative traffic offenses, they under consecutive budget shortfalls. Public should then change the distribution of service windows are closed part of each statutory violation fine revenues so that week in many courthouses. Delays in case cities are adequately compensated for filings, hearings and dispositions are enforcement and prosecution costs. building throughout the state as staff and judges struggle to keep up with caseloads. 38 The budget shortfalls limit the ability of the phase of community-focused policing. The courts to process cases pertaining to report contains recommendations related to shoplifting, trespassing,worthless checks, six key areas of law enforcement: traffic and ordinance violations,juvenile truancy, runaways and underage drinking, 1. Building Trust and Legitimacy; consumer credit disputes,property-related and small civil claims, and many other 2. Policy and Oversight; cases. Timely processing of these cases is critical to keeping communities safe and to 3. Technology and Social Media; preserving the quality of life residents 4. Community Policing and Crime expect. Reduction; The State Court Administrator has 5. Training and Education; and advocated for statutory changes that have resulted in efficiencies and cost savings 6. Officer Safety and Wellness. while preserving core services. These changes involve consolidating services Many Minnesota communities have where practicable and using technology to embraced 21st Century Policing concepts, reduce costs. They include centralized and municipal police departments payable processing,use of e-citations and throughout the state have adopted policies restructuring of state mandated programs. that align with 21'Century Policing principles. The Legislature and governor Response: The League of Minnesota made progress toward advancing 21st Cities supports a statement by former Century Policing principles statewide by Chief Justice Eric J. Magnuson that calls enacting the 2020 Police Accountability Act. for "an adequately funded, functioning justice system that resolves disputes In Minnesota, police chiefs have indicated promptly in order to ensure the rule of strong interest in securing additional training law,protect public safety and individual in 21 st Century Policing practices for rights and promote a civil society." The officers. Demand for training has increased League supports the use of technology to in recent years, and in 2017 the Legislature reduce costs and preserve services. The responded by increasing continuing League opposes any changes that would education requirements for officers, decriminalize local ordinances, petty expanding the scope of this training to misdemeanors or misdemeanor offenses, include more community policing, and by or that would make prosecution of these providing $6 million per year for training crimes more difficult. reimbursement provided by the Peace Officer Standards and Training(POST) SD-43. 21st Century Policing Board. This funding is not permanent and sunsets in 2024. Issue: Published in May 2015, the President's Task Force on 21st Century The POST Board is funded through a special Policing Report makes multiple revenue account from a surcharge on recommendations aimed at helping law criminal and traffic convictions. However, a enforcement agencies and communities significant amount of the special revenues strengthen trust and collaboration,while collected are diverted to the state's general reducing crime by implementing the next fund and are not made available for training 39 reimbursement, and the amount of the e) State and federal funding for peace surcharge paid to the state has been officer safety and wellness initiatives; declining. There is also growing concern and about the impact of the surcharge on residents,particularly those of low income f) Authority and grants for municipal and persons of color, and concern about police departments to deploy funding policy training based on ticket technologies such as dash cameras and revenue. police body worn cameras that enhance both criminal justice and Response: The League of Minnesota officer accountability. Cities recognizes the need for communities and law enforcement SD-44. Post-Incarceration Living agencies to strengthen trust and Facilities collaboration,while continuing to reduce crime. The League supports the Issue: Sufficient funding and oversight is recommendations of the President's Task needed to ensure that residents living in Force on 21st Century Policing Report as post-incarceration living facilities have well as the training,policy and appropriate care and supervision, and that accountability provisions contained in the neighborhoods are not disproportionately 2020 Police Accountability Act. To that impacted by high concentrations of these end, the League supports: types of facilities. Under current law, operators of certain post-incarceration living a) POST Board model policies that align facilities are not required to notify cities with the recommendations of the when they intend to purchase single family President's Task Force on 21st housing for these purposes. Cities do not Century Policing Report and the 2020 have authority to regulate the locations of Police Accountability Act; post-incarceration living facilities. Cities have reasonable concerns about the safety of b) POST Board approved training facility residents and neighborhoods, opportunities for new recruits and in- particularly in cases of public safety. Cities service peace officers that include but also have an interest in preserving a balance are not limited to procedural justice, in residential neighborhoods between this bias/implicit bias and cultural type of facilities and other uses. It is in the awareness, de-escalation, and crisis best interest of providers to inform and work intervention training; with cities before opening a facility in order c) Increased state and federal funding to educate providers of community for peace officer training that includes standards and expectations. reimbursement for tuition, travel, Response: Cities should have statutory time and backfilling the shifts of authority to require agencies, as well as officers who are out for training; licensed and registered providers,that d) Permanent funding for police training operate post-incarceration living facilities that is not based on criminal and to notify the city before properties are traffic ticket revenue; operated. Cities should be provided with the necessary contact information once licensed or registered. Providers applying to operate post-incarceration living 40 facilities should be required to contact the government requires or contracts for city to be informed of applicable local cities' assistance in meeting federal regulations. The Legislature should also homeland security responsibilities,the require establishment of non- federal government should fully cover the concentration standards for post- costs, including the risk of liability arising incarceration living facilities to prevent from these activities. clustering. Finally, licensing or registering authorities must be responsible for The League supports greater federal removing any residents incapable of funding to prepare,train, and equip our living in such an environment, first responders. The League also particularly if they become a danger to supports changes in the federal funding themselves or others. process to ensure Department of Homeland Security funds move quickly to SD-45. Homeland Security Costs the local level. Furthermore, the League and Liability supports the allocation of state resources to provide training and technical Issue: The federal government's response to assistance to local governments related to terrorism has resulted in new responsibilities the prevention and control of cyber for local governments in a number of areas. security risks to critical infrastructure. For example, shortly after the terrorist attacks on Sept. 11, 2001, the federal SD-46. Cybersecurity government tapped local law enforcement personnel to provide security and perform Issue: Dating back to at least 2012,U.S. screening at our nation's airports. These new Defense Secretaries have warned that the responsibilities increase cities' liability United States are increasingly vulnerable to exposure and result in higher local costs for foreign computer hackers who could public safety services. In addition, local dismantle the nation's power grid, governments are expected to continue transportation system, financial networks emergency planning and capacity building and government. On a state level, the efforts,provide additional training and original Minnesota broadband task force equipment for first responders, and improve issued unanimous joint recommendations emergency response coordination and regarding cybersecurity in their 2009 report. communication. The more recent iteration of the Broadband Task Force also issued a 2016 As partners in protecting our country from recommendation to establish a legislative terrorism, the federal government must: 1) cybersecurity commission to share provide greater direct financial support for information, monitor workforce issues, and our first responders; 2)maintain funding for support and strengthen infrastructure. These general pre- and post-disaster emergency recommendations to address cybersecurity management programs; 3) ensure a issues in the state have not been coordinated and effective national implemented, which creates an absence of a emergency response system; and 4) address secure and safe forum for state and local issues of cyber security that threaten public officials and policymakers to share safety, services, and infrastructure. information and assess the necessary tools and capabilities needed to protect their Response: The League of Minnesota systems. The problem is serious. The Cities recommends that when the federal Minnesota Judicial Branch, state agencies, 41 cities, and school districts were all affected incidents increased significantly in 2002 and by cyberattacks in 2017. has since grown. Response: The League of Minnesota In 2003, the state enacted a number of Cities supports state action to identify provisions limiting local authority pertaining and strengthen state and local to fireworks sales. The 2003 law caps the capabilities. The League supports the allowable municipal permit fee at $100 per inclusion of funding to evaluate state vendor selling fireworks with other government cyber vulnerabilities, single products, and $350 per vendor selling points of failure, and fixes, and, based on fireworks exclusively. The law restricts those findings, create an ability for cities from requiring fireworks sellers to municipal governments to apply for grant purchase additional liability insurance. funding or assistance to help conduct the Finally, the 2003 law states that cities cannot same evaluation. prohibit or restrict the display of consumer fireworks if the display and structure comply SD-47. Legalization of Fireworks with National Fire Protection Association (NFPA) Standard 1124. The NFPA is a Issue: In 2002, the state enacted a law private international association of allowing the sale and use of non-aerial, non- individuals and trade and professional explosive consumer fireworks, including organizations. (NFPA Standard 1124 is not a sparklers,party poppers, snakes, and other public document and is available only for a novelty items—relaxing the ban on fee.) consumer fireworks in place in Minnesota since 1941. In 2008, the Legislature further Fireworks products can cause serious relaxed the ban by increasing the amount of injuries and fire loss. The legal sale of explosive material allowed in legal consumer fireworks undermines fire fireworks. prevention efforts. The sale and use of consumer fireworks increase local public Local fire service professionals have safety enforcement, emergency response, reported that consumers and law and fire-suppression costs. enforcement personnel have had difficulty distinguishing between legal and illegal Response: The League of Minnesota fireworks, and that the 2002 law resulted in Cities opposes legislation that would greater use in Minnesota of illegal fireworks further relax the ban on the sale and use purchased in other states. of consumer fireworks. The League supports a repeal of the 2002 law that According to data provided by the relaxes the ban on the sale and use of Minnesota State Fire Marshal Division, consumer fireworks. injury trends and dollar losses related to fireworks incidents surged after the Fees are needed to cover the costs consumer fireworks ban was lifted. Hospital associated with compliance checks, reports reveal that the annual number of education, and inspections relating to the injuries caused by fireworks rose sale of a regulated product. The current dramatically in 2002 and remains elevated. fee caps do not allow cities to recover Likewise, Minnesota Fire Incident these costs. The League supports allowing Reporting System records show that the cities to establish and impose reasonable annual dollar loss resulting from fireworks fees on retailers that sell fireworks. The 42 League opposes restrictions on requiring require training or permits for operators of fireworks retailers to purchase additional any age. liability insurance. Finally,the League seeks repeal of the NFPA reference. Motorized foot scooters that are part of organized sharing or rental businesses rely SD-48. Traffic Enforcement on the ability to park in the public right-of- Cameras way, especially on public sidewalks, to facilitate customer access and vending. Issue: Drivers who disobey traffic laws can Cities have express authority to regulate cause serious traffic accidents and contribute parking on city streets and sidewalks. Local to gridlock. In spite of the severity of this government units should also have clear problem, cities cannot always afford the authority to regulate or proscribe levels of peace officer enforcement that unauthorized use of city right-of-way for residents demand. The technology exists to motorized foot scooter parking, to require a enforce traffic laws with photographic permit or license for each scooter or sharing evidence. For example, there is less running company, and to include terms and of red lights when motions imaging conditions dictated by the granting authority. recording systems (MIRS) are installed at traffic signals. In order to protect public health, safety and welfare, it is important that cities have clear Response: Local law enforcement authority to regulate motorized foot scooter agencies should have the express parking and sharing options. authority to use photo enforcement technology to enforce traffic laws. Local Response: State law should support the law enforcement officers should have the ability of local governments to regulate or express authority to issue citations for proscribe unauthorized use of city right- traffic violations by mail where the of-way for motorized foot scooter violation is detected with photographic parking, to require a permit or license evidence. authorizing motorized foot scooter parking or sharing in the public right-of- SD-49. Operation of Motorized way, and to impose terms, conditions, and Foot Scooters local rules on businesses seeking such a permit or license. Issue: Current state statute (Minn. Stat. § 169.225) regulates the operation of SD-50. Catalytic Converter Theft motorized foot scooters and treats motorized Issue: Cities across Minnesota have seen foot scooters similar to bicycles in terms of rights and duties. By statutory definition increases in the theft of catalytic converters, (Minn. Stat. § 169.011, subd. 46), motorized a part of a vehicle s exhaust system that foot scooters must be powered by an engine converts some pollutants into less harmful or motor that is limited to a maximum speed gasses. Removal of a catalytic converter of 15 miles per hour. The law provides that causes extensive damage to a vehicle. an operator must be 12 years of age or older. Criminals remove catalytic converters from Although the law contains safety provisions, parked automobiles and profit by selling including a requirement that operators under them to scrap metal dealers. Preventing the age of 18 must wear helmets, it does not catalytic converter theft is difficult because it is not illegal for an individual to possess 43 multiple catalytic converters, nor is it illegal medical criteria for substance abuse and for scrap metal dealers to purchase catalytic addiction, but only 11 percent received converters from individuals. treatment for their addictions. In 2021 the Legislature established a Drug courts are an effective problem- catalytic converter theft prevention pilot solving approach for dealing with alcohol program. It provided funding for law and other drug addicted offenders in the enforcement agencies to offer vehicle judicial system. Drug courts closely owners the opportunity to have their monitor the defendant's progress toward catalytic converters permanently marked sobriety and recovery through ongoing with identifiers. Although the pilot program treatment, frequent drug testing, regular has deterred some catalytic converter theft, mandatory check-in court appearances, and it has not proven to be a solution to the the use of a range of immediate sanctions problem. and incentives to foster behavior change. Response: The League of Minnesota In drug court,judges collaborate with other Cities supports legislation making it traditional court participants (prosecutors, unlawful for a scrap metal dealer to defense counsel, treatment providers, purchase a catalytic converter from any probation officers, law enforcement, person other than a bona fide automobile educational and vocational experts, recycling facility or a person who can community leaders and others), whose roles provide evidence of legitimate removal. have been substantially modified,but not The League also supports making it a relinquished, in the interest of helping crime to be in possession of one or more defendants deal with addiction. catalytic converters that do not belong to a vehicle or vehicles owned by the Response: The League of Minnesota individual in possession of the catalytic Cities supports the efforts of drug courts converter(s), or that the individual cannot to address substance abuse and reduce provide verification of legal receipt of the crime. The League supports funding for catalytic converter from the vehicle additional drug courts. owner. SD-52. Drug Paraphernalia SD-51. Drug Courts Issue: Cities throughout the state struggle Issue: The League of Minnesota Cities with local businesses selling items primarily recognizes the impact of substance abuse on designed to enable illegal drug use. Current individuals, communities, and taxpayers. state law only prohibits use,possession, According to the National Council on delivery, and advertisements of drug paraphernalia. The law inadequately defines Alcoholism and Drug Dependence, the the term"drug paraphernalia," and leaves relationship between alcohol and drugs and cities to pass more effective ordinances crimes--including domestic abuse and "prohibiting or otherwise regulating the violence, underage drinking, robbery, manufacture, delivery,possession, or assault and sexual assault--is clearly advertisement of drug paraphernalia." documented. The National Center on Addiction and Substance Abuse reports 65 Many cities have adopted their own percent of the nation's inmates meet certain ordinances to regulate drug paraphernalia, 44 including specifically prohibiting sales. But function is triggered mainly by consumer for a variety of reasons,business owners complaints and there is no requirement that routinely challenge these ordinances as the office take any action. Additionally, unconstitutional and then successfully resources for these purposes have been invoke virulent public outcry on that basis. severely limited. This experience—along with costly court challenges—discourages other cities from In absence of any required statewide taking similar steps to curb illegal drug standards or regulation, several cities have activity and leaves most cities only able to entered the traditional state domain of enforce an inadequate state law. health-care licensure by enacting ordinances that require all massage therapists to obtain Most states immediately around Minnesota a local professional license and many cities define"drug paraphernalia" in a detailed have also required bricks and mortar way based on a 1979 model federal law establishments to obtain a business license. designed to avoid constitutional issues. These ordinances help local law Minnesota does not. Federal law and the law enforcement officers to differentiate of half the states immediately around between legitimate providers and businesses Minnesota explicitly ban sales of drug engaged in sex trafficking and prostitution paraphernalia,but Minnesota does not. The as well as provide for health and sanitation current state of the law arguably makes drug standards. paraphernalia easier to obtain in Minnesota than in the states immediately surrounding City staff and law enforcement have spent it. much time and resources conducting statewide criminal background checks; Response: The League of Minnesota investigating massage therapist accreditation Cities supports strengthening the current programs to determine legitimacy and statutory prohibition on drug credibility; and inspecting and monitoring paraphernalia, including improving the establishments due to citizen complaints and statutory definition of"drug concerns. This has resulted in different paraphernalia" and explicitly prohibiting procedures, requirements and fee structures sales. across the state. Despite the thorough work of city staff and law enforcement, when an SD-53. Regulation of Massage illegitimate business suspects investigation, Therapists it will often close down and re-open in a different city. Without any sort of statewide Issue: The state does not currently license database of these businesses, one city's nor register massage therapists. Minn. Stat. solution may become another city's ch. 146A is the Complementary and problem. Alternative Health Care Practices Act which identifies prohibited provider conduct and Additionally, local law enforcement authorizes the Minnesota Department of agencies do not have access to national Health to take disciplinary action against criminal history data. This has allowed those noncompliant providers who are not with criminal convictions in other states registered or licensed by a health-related related to sex trafficking and prostitution to licensing board. The office has authority to obtain massage therapy business and/or respond to allegations of prohibited behavior professional licenses in cities in Minnesota. through an investigatory process but this Allowing access to this information could 45 help cities prevent sex trafficking across removed when the state established a state lines. perpetual organizational license and premises permitting system. Because these Response: The League of Minnesota licenses and permits are issued by the state, Cities supports the statewide registration under the current system a city's authority or licensure of massage therapists that over these licensees is limited to: 1) would not pre-empt the ability of cities to approval of the initial premises permit; and regulate massage therapy establishments. 2) enforcement of the city's lawful gambling The League also supports legislation ordinance. Some city officials have pertaining to the practice of massage concerns that gambling organizations will be therapy that accomplishes the following: more apt to ignore local regulations (such as spending the required percentage of lawful a) Helps cities establish legitimacy of gambling expenditures in the city's trade providers and businesses applying for area) if they don't need the city's approval a local license to practice, including for the renewal of their state-issued premises allowing local law enforcement permits. agencies access to national criminal history databases. Response: The licensee should be required to obtain local approval on an annual b) Prevents individuals from conducting basis, or at longer intervals as determined criminal activities such as prostitution by the city, and file the resolution of local and sex trafficking out of approval with the Gambling Control establishments operating as massage Board. therapy facilities. SD-55. Liquor Liability Insurance c) Improves provider compliance with Limits Minn. Stat. ch. 146A and requires the state to take action in response to Issue: Minn. Stat. § 340A.409 requires that noncompliance. "no retail license may be issued, maintained d) Protects the public from injury and or renewed unless the applicant from other conditions that may result demonstrates proof of financial in harm. responsibility with regard to liability imposed by Minn. Stat. § 340A.801" SD-54. Lawful Gambling and Local relating to the sale of alcoholic beverages. Control The minimum limits of liability currently in statute require $50,000 of coverage because Issue: As part of the 2009 reforms to lawful of bodily injury to any one person in any gambling statutes, some local control was one occurrence, $100,000 because of bodily removed from the lawful gambling process. injury to two or more persons in any one Previously, the lawful gambling licensee occurrence, $10,000 because of injury to or would have to obtain the city council's destruction of property of others in any one approval as part of its application to renew occurrence, $50,000 for loss of means of the organization's premises permit(some support of any one person in any one forms of lawful gambling require obtaining occurrence, $100,000 for loss of means of an organizational license and a premises support of two or more persons in any one permit(s) from the state). This step was occurrence, $50,000 for other pecuniary loss of any one person in any one occurrence, 46 and $100,000 for other pecuniary loss of two requirements outlined in Minn. Stat. § or more persons in any one occurrence. 340A.410, subd 7. This has allowed These limits have not been updated since at customers to go to restaurants and bars and least 1985 and would provide very little remain outside, which has been deemed relief to persons impacted by an intoxicated preferable to dining indoors in mitigating the person. While cities can choose to require risk of exposure to the virus. higher limits of liability than required by statute, it may create competitive imbalance Response: The increased flexibility has between communities if the limits are not allowed businesses and cities to partner in consistent. response to the pandemic and city residents have enjoyed increased seating Response: The minimum limits in Minn. options. The League of Minnesota Cities Stat. § 340A.409 should be increased to supports amending Minn. Stat. § $500,000 per occurrence with a $500,000 340A.410 to allow for licensing of spaces annual aggregate. that are not compact and contiguous during and after the pandemic. SD-56. On-Sale Liquor or Wine Licenses to Cultural Centers SD-58. Wine and Off-Sale Licenses Issue: Cultural centers are not one of the Issue: Minn. Stat. ch. 340A authorizes cities qualifying entities to which municipalities to issue liquor licenses to various may issue on-sale liquor or wine licenses. establishments within their jurisdictions, but Several cultural centers have received in virtually all cases, the license issued by special legislation that allows their the city is not valid until the state approves municipalities to issue on-sale liquor or wine it. This is true for such commonly issued licenses to them. This practice interferes licenses as wine, off-sale intoxicating liquor with the ability of municipalities to control and temporary on-sale intoxicating liquor the placement and operating manner of these licenses. The result is extra time spent for entities. city staff, as well as a time-based commercial impact to the business pursuing Response: The Legislature should the original license. authorize municipalities to issue on-sale liquor or wine licenses to cultural centers, Additionally, if a business applies for an on- subject to restrictions imposed by the sale wine license, the state may choose to municipality. conduct an inspection of the business further delaying approval of the license and full SD-57. Liquor Licensing of Non- operation of the establishment. This Contiguous Spaces inspection is often in addition to a city certificate of occupancy inspection and a Issue: During the COVID-19 outbreak, county health inspection. restaurants and bars have been able to open at limited capacity for in-person service with Response: The Legislature should remove spacing requirements between tables both the requirement of approval by the inside and outside. To provide opportunities commissioner for city-issued liquor for businesses to open and serve the public, licenses and simply require cities to notify many cities allowed for non-contiguous the state of newly issued and renewed spacing of tables outside despite licenses as is already the case for 47 intoxicating on-sale liquor licenses and all and effectively respond to youth access 3.2-liquor licenses. If the state requires an problems. inspection to certify an on-sale wine license, this should be delegated to either SD-60. Consumer Small Loans the city or county to be conducted at the same time as other inspections. This will Issue: Consumer small loans, also known as expedite the process for both the state and "payday loans," are short-term cash loans the business. based on the borrower's personal check held for future deposit or on electronic access to SD-59. Youth Access to Alcohol and the borrower's bank account. Borrowers Tobacco write a personal check for the amount borrowed plus the finance charge and Issue: To promote public safety and public receive cash. In some cases, borrowers sign health, cities have an interest in preventing over electronic access to their bank accounts youth from obtaining alcohol and tobacco. to receive and repay payday loans. Lenders For example, the Minnesota Department of hold the checks until the borrower's next Health reports that 80 percent of adult payday when loans and the finance charge smokers had their first cigarette before the must be paid in one lump sum. age of 18; reducing youth tobacco use may help prevent adverse impacts of tobacco in Consumer small loans are typically the future. To this end, many cities operate predatory in nature. According to Debt.org, compliance check programs in an effort to an organization dedicated to helping discern the current level of youth access and consumers understand and overcome debt, to reduce youth access. Statewide, a number predatory lenders typically target minorities, of cities have created community the poor, the elderly and the less educated. partnerships with their court systems, local They also prey on people who need businesses, and school districts to quickly immediate cash for emergencies such as address problems associated with youth paying medical bills,making a home repair access to alcohol and tobacco. or car payment. These lenders also target borrowers that do not qualify for Response: The League of Minnesota conventional loans or lines of credit due to Cities opposes any proposal that could credit problems or unemployment. result in increased risks of youth access to alcohol and tobacco products and Response: The League of Minnesota supports statutory changes that assist in Cities seeks statewide legislation that reducing youth access to alcohol and would protect consumer small loan tobacco products. The League supports borrowers against predatory lending locally-determined alcohol compliance practices. Also, cities should have explicit check programs, but any state mandate authority to regulate consumer small loan for alcohol compliance checks should conditions including the ability to cap come with state-supported funding finance charges and interest rates. initiatives to support these locally- determined compliance efforts. The SD-61. Regulation of Mobile Legislature should consider a grant Businesses program supporting locally-based community partnerships that can quickly Issue: The transient nature of mobile businesses presents unique challenges to 48 traditional city zoning and permitting and SD-62. Regulation of Party Buses may create an unfair competitive advantage and Boats-for-Hire over traditional businesses that pay property taxes and generate income for a city. Cities Issue: A party bus (also known as a party also make significant investments in the ride, limo bus, limousine bus,party van, or development of retail districts and luxury bus) is a large motor vehicle usually downtowns and have a strong interest in derived from a conventional (school)bus or maintaining a level playing field for brick- coach but modified and designed to carry 8 and-mortar establishments. or more people for recreational purposes. In Minnesota, these vehicles are regulated by Minnesota has seen a sharp increase in the default under Minn. Stat. ch. 221 (the number of food trucks (Mobile Food Units) chapter of law dealing with motor carriers) operating throughout the state. Food trucks and registered by the Minnesota Dept. of are licensed as food and beverage service Transportation's (MnDOT's) Office of establishments by the Minnesota Freight and Commercial Vehicle Department of Health(MDH) or by local Operations. The regulations require jurisdictions pursuant to an MDH delegation operators to carry commercial insurance, agreement. Food trucks are prohibited from have an annual vehicle inspection and be operating in the same location for more than registered with the state. Party bus drivers 21 days without approval of the regulatory are required to hold a current commercial authority. driver's license (CDL) issued through the In 2015, the Legislature authorized the Minnesota Dept. of Public Safety's Driver Board of Cosmetologist Examiners to adopt and Vehicle Services Division. rules governing the licensure, operation and A boat-for-hire is a watercraft used by inspection of"Mobile Salons"which are owners and operators to carry passengers for operated in a mobile vehicle or mobile hire. Minn. Stat. § 326B.94 and Minnesota structure for exclusive use to offer personal Rules 5225.6000 through 5225.7200 govern services defined in Minn. Stat. § 155A.23, the requirements of boat owners and subd. 3. The rules must prohibit mobile operators carrying passengers for hire on salons from violating reasonable municipal Minnesota's inland waters. These vessels restrictions on time and place of operation of must have a permit to carry passengers for a mobile salon within its jurisdiction, and hire. They must have an annual safety shall establish penalties, up to and including inspection and a dry-dock inspection revocation of a license, for repeated performed by Minnesota Department of violations of municipal laws. Labor and Industry boiler inspection Response: It is appropriate for mobile personnel once every three years (or businesses to be licensed by the state or its annually if the hull is made of wood). The designees in the same manner as non- vessels must also be operated by a licensed master and must follow all Minnesota Dept. mobile business establishments. Such of Natural Resources' boating and water state regulation must not preempt the recreation regulations. ability of local governments to enact reasonable time and place restrictions on Party buses and boats-for-hire are the operation of mobile businesses within sometimes chartered for celebrations such as their jurisdictions. weddings,proms,bachelor and bachelorette parties, birthdays and tours. Party buses are 49 also popular for round trips to casinos and d) Requiring the appropriate authority sporting events, and personalized drop-offs to utilize existing authority to impose and pick-ups at various bars and nightclubs. fines, or to deny, suspend, or revoke Additionally,both party buses and boats-for- permits or registration certificates hire have become popular settings for adult held by operators found to have adult entertainment. entertainment, drug, or underage consumption violations. Cities have seen a sharp increase in the number of party buses and boats-for-hire SD-63. Environmental Protection being used as venues for illegal activities such as underage drinking, drug use and sex Issue: Cities demonstrate strong stewardship trafficking. The transient nature of party for the protection and preservation of the buses and boats-for-hire presents unique environment. Minnesota municipalities have challenges to traditional city zoning, historically been the leading funding source permitting and law enforcement. While state for environmental protection and laws regulate requirements for the operation improvements. Municipal efforts include of party buses and boats-for-hire, the law is environmental protection through silent on enforcement, penalties, inspection wastewater treatment, wetland restorations, and liability related to illegal activities that stormwater treatment, public utility emission occur in party buses and on boats-for-hire. reductions, brownfield cleanup, safe drinking water programs, as well as others. Response: The League of Minnesota Cities supports changes to state statutes At some point, however,the diminishing or that would help reduce criminal activities nonexistent environmental benefit received taking place on party buses and boats- from additional efforts is fiscally for-hire. Specifically, the League irresponsible. The programs are often supports: improperly designed to meet their stated goals. Additionally, the absence of funding a) Creation of statutory definitions of by the state and federal government has "party bus" and "boat-for-hire" that removed an essential restraining feature in contain permissible uses of the program design and implementation. vehicles; Agencies are less accountable to the governments that mandate environmental b) Prohibition on offering or allowing programs when they do not have to find the "adult entertainment" as defined by money to implement the programs. Minn. Stat. § 617.242, "sexual conduct" as defined by Minn. Stat. § Specific problems faced by cities include: 617.241, or "nudity" as defined by Minn. Stat. § 617.292, subd. 3, on a) New programs or standards are party buses and boats-for-hire; continually adopted without regard to the existence, attainability or cost of c) Explicit authority for peace officers to existing programs and standards. investigate suspicious activities on party buses and boats-for-hire and to b) Regulatory bodies fail to consistently cite individuals on board who are use the best science available and the involved in illegal activities; and most current and accurate data when establishing water quality standards. 50 c) Regulatory bodies impose new permit a) The municipal system is proven to be requirements without going through substantially less cost-effective and rulemaking. Instead, the agencies rely on substantially less beneficial to the internal documents, program strategies, environment; and and"best professional judgment of staff' when setting permit criteria. b) The operation of these systems will not create a stranded public investment in d) Regulatory bodies approve permits and the existing system. programs that compete with traditional municipal services and encourage urban Sufficient state and federal financial sprawl. This behavior puts at risk the assistance should be provided to local public investments and growth governments when complying with state management efforts cities have made and federal infrastructure requirements, when planning for future development. particularly with regard to wastewater, stormwater, and drinking water facilities. e) Permit fees and other cost-transfer elements of federal and state programs The Minnesota Pollution Control Agency do not provide an incentive for (MPCA) should streamline its permitting environmental agency efficiency, policy and re-issuing processes to allow for prioritization or risk assessment. effluent standards and permit Additionally, all residents of the state requirements to be known earlier, contribute to the need for wastewater, thereby giving communities more time to drinking water, and stormwater defend against contested case hearings. treatment and benefit from the resulting improved water quality. These factors The Legislature should require the make the state general fund an MPCA to make its determination appropriate source for significant regarding permit-required submittals, portions of state water program funding. permit modifications, and the reissuance of a permit within a reasonable set time f) Third-party environmental advocacy period and require the MPCA to make its groups create significant hardships on determinations and reissue the permit cities by threatening litigation even within that reasonable set time frame. when the best science available may not support the groups' positions. The state should ensure townships are required to meet the same environmental g) Cities are often required to pay the cost protection and regulatory requirements of removing problem materials from the as cities. waste stream, rather than preventing the problem at the consumer product or Legislation should be passed that requires manufacturing level. state agencies to establish permit requirements only when the criteria they Response:Alternative wastewater are using is developed through the rule- treatment and cooperative service systems making process. should be prohibited from operating in areas that can reasonably and effectively State agencies need to develop science- be served by existing municipal systems, based standards and quantify new unless: effluent standards, ensuring that they are 51 scientifically and economically federal water quality requirements. The practicable. State and federal agencies federal Clean Water Act requires that further should coordinate and integrate their efforts be made by the state to reduce human monitoring data to assure that all impacts on surface waters that are pertinent data is available and utilized. determined to be impaired due to high pollutant loads of nutrients, bacteria, The state general fund is an appropriate sediment, mercury, and other contaminants. source for state water program funding. Scientific studies of these waters must be Municipal water permit fees should only conducted to determine how much pollution be increased if new revenue is needed they can handle (Total Maximum Daily because of increased costs of processing Loads, or TMDL5). The pollutant load municipal water permits or if the funds reduction requirements will affect would go for specific scientific research, municipal, industrial, and agricultural technical and financial support for cities, practices and operations along any river, or agency staffing needed by cities to stream or lake determined to be impaired. address environmental and public health While the sources of 86 percent of the concerns, not as a means to generate new pollutants affecting Minnesota waters are revenue to cover other budget shortfalls. non-point sources, there will also be new costs and requirements for point-source Additionally, the Legislature should dischargers, like municipal wastewater create effective, producer-led reduction, treatment facilities. Municipal stormwater reuse, and recycling programs to deal systems will also face increased protective with a product's lifecycle impacts from requirements and regulation as part of the design through end-of-life management state's impaired waters program. and should regulate products and compounds that damage water quality, Response: The League of Minnesota sewer collection, stormwater or Cities will work actively with the wastewater treatment systems at the administration, the Legislature, and other consumer and manufacturing levels, not stakeholders in the design and just at the treatment and infrastructure implementation of Minnesota's impaired maintenance level. Examples include waters program to: requiring accurate labeling as to whether disposable wipes can be safely flushed a) Ensure equitable funding solutions and creating incentives for private salt are found, such as the state general applicators to reduce the volume of salt fund or bonding, that broadly collect they apply. revenue to address this statewide problem; SD-64. Impaired Waters b) Support legislative appropriation of Issue: Despite the billions of dollars that constitutionally dedicated clean water Minnesota municipalities have invested and revenues that will supplement continue to invest in wastewater and traditional sources of funding for stormwater management systems, and best these purposes, not be used to cover management practices to protect, preserve, budget cuts, backfill past program and restore the quality of Minnesota's reductions, or to otherwise supplant surface waters, the quality of some of normal state spending on water Minnesota's surface waters does not meet programs; 52 c) Direct the majority of funds collected i) Ensure the best science available is by the state for impaired waters into used to accurately determine the programs that fund municipal sources of pollutant load in order to wastewater and stormwater projects, maximize positive environmental and for state programs needed for outcomes and minimize unnecessary municipal wastewater and stormwater regulatory and financial burdens for permitting and technical support, cities by correctly accounting for and including the Clean Water Revolving addressing agricultural and other Loan Fund, Wastewater non-point pollutant sources; Infrastructure Fund, TMDL Grants Program, Small Community j) Ensure the state requires that the Wastewater Treatment Grant and MPCA retain control of the TMDL Loan Program, and other state development process and that all programs that provide financial scientific research related to TMDLs resources for city wastewater is conducted by the MPCA or treatment facilities, septic tank qualified, objective parties pursuant replacement, stormwater management to state contracting, procurement, and projects, and other city water quality conflict of interest laws; and improvement and protection projects; k) Clarify state water quality mandates d) More adequately cover the current so cities know specifically what they five-year wastewater infrastructure are required to do and what methods funding need projection of more than of achieving those outcomes are $1.65 billion; acceptable to state and federal regulators. e) Recognize and address the upcoming costs of stormwater management SD-65. Municipal Public Water infrastructure and operation on Supplies municipalities from new regulatory mandates and load reduction Issue: Essential residential water supplies requirements; provided by public water supply systems are classified as the highest priority for the use f) Allow flexibility in achieving pollutant of public water under Minn. Stat. load reductions and limitations §103G.261. Minnesota cities spend through offsets or trading of pollutant significant resources meeting their load reduction credits for both point responsibility to providing safe, reliable, and non-point load reduction affordable water to their residents in a requirements within watersheds; sustainable manner. That is an essential element in assuring a healthy and stable g) Recognize and credit the work future for public health, the environment, underway and already completed by and economic development. As a result, local units of government to limit municipal water suppliers have collected point and non-point source water some of the most current and accurate pollutant discharges; information available on local water h) Recognize the diversity of efforts and conditions. needs that exists across the state; 53 The state requires extensive planning and Hard facts and sound science need to be permitting processes for municipal water used to determine the best courses of action suppliers to document that their systems are to assure that safe, reliable, affordable water drawing water at sustainable levels, that the supplies are available to future Minnesotans. water is safe for human consumption, that Those approaches will vary considerably they have land use controls in place to depending on local water and soil protect public water supplies from conditions, the types and sizes of users, and contamination, that adequate plans exist for the quantity and quality of available water. emergency and high demand situations, and They also need to be coordinated between that rate structures meet state statutory the many state entities that play a role in requirements. Those systems are constantly water management and regulations so that becoming more technologically, scarce local resources are not wasted and environmentally, and economically efficient. efforts are not counterproductive to other City water suppliers have invested many priority environmental and public health billions of dollars to develop their utility results. systems and infrastructure in a manner that meets those criteria. Response: The state should lead the development of sound scientific Demand and supply sides of this issue are information on water supply, aquifer being addressed throughout the state. Cities recharge, and groundwater availability have established educational programs, and quality, making good use of the incentives, and local water use restrictions to existing studies, data, and staff expertise further improve water conservation efforts, of municipal water suppliers. while appliances and plumbing fixtures are becoming more efficient in their water use. The state should also be working to Furthermore, stormwater is being infiltrated remove barriers to water re-use, aquifer into the ground at unprecedented levels as recharge, encouraging cultural changes in part of municipal stormwater permit water use practices, applying technology requirements and is being redirected for for smart water use, exploring impacts irrigation purposes in some cities. and creative mitigation options at contaminated sites, on ways to incent and Despite those efforts,there are places in the enable alternate uses of stormwater, and state where monitoring data indicates that ways to make sure that all water users water may be being used faster than the play a role in ensuring that water supplies supply can sustain,particularly in the case of are being managed in a manner that is underground aquifers. These issues are very sustainable for future residents. Those complex, however, and causes and effects solutions need to keep in mind that are not always easily documented or essential residential water use is the understood. City water supplies are not the highest preferred use of public water only users of that water, either. Industries, supplies. smaller private wells, agricultural operations, irrigation systems, and Finally, in cases where sound contamination containment and treatment management of water resources will can all be major drains on local water require substantial modifications in supplies. public water systems that were previously determined to be adequate, the state needs to be a partner in developing cost- 54 effective solutions and in providing the the utilities and subsequently, to the rate technical and financial resources to make payers of that utility. those changes to prevent communities from being economically uncompetitive. Providing municipal reliable utility services comes with certain unavoidable expenses SD-66. Municipal Electric Utilities such as electric generation,power lines, poles, and substations. These types of fixed Issue: Municipal electric utilities provide costs are on-going and should be equitably essential community services to many shared by the local customers. However, Minnesota cities. The League of Minnesota both current and previously proposed Cities works closely with the Minnesota changes to state law would give third-party Municipal Utilities Association (MMUA) to providers an advantage subsidized by the identify issues of concern and to support remaining rate payers and/or taxpayer. their legislative and administrative efforts to address them. Response: The legislature should support and maintain the current regulatory compact How those entities are regulated by the state, and recognize the value of the dependable how their service territory is defined and services provided by municipal utilities, and amended, how their very limited customer the fact that municipal utilities are base is protected, and how they are treated accountable directly to the citizens. Further, in relation to other types of electric utilities the legislature should reject giving third- is important to them remaining affordable, party providers any advantage over efficient, and effective. municipal utilities, as well as any other effort to de-regulate utilities. Currently, the legislative proposals have been made to allow unregulated third-party Additionally, current state practice is for the electricity sales from generators directly to Department of Commerce and Public Utility the customer, circumventing long- Commission to require payment of quarterly established consumer protections. In some fees on municipal utilities to the Department cases, municipal utilities would be required of Commerce three quarters in advance. The to "wheel" energy from third parties across state should bill for those fees only for the their power lines to retail customers in upcoming quarter. violation of the utility's exclusive service area rights. SD-67. State Support for Municipal Energy Policy Goals Another way to arrange third-party sales is by selling electricity from solar panels or Issue: The State of Minnesota has adopted other generating equipment sited on a an aggressive energy policy focusing on the consumer's own property to retail promotion of energy efficiency and the customers, while maintaining ownership of expansion of renewable energy with the goal those panels or equipment. The equipment of achieving a reduction in carbon owner would charge for electricity it generation through reduced use of fossil provides yet rely on the local utility to fuels. To meet state energy and greenhouse provide reliable service to the customer at gas reduction goals, efforts at the city level all other times. While such arrangements will be essential. That local work will may seem convenient to an unregulated generate significant economic benefits both third-party, they come at a significant cost to in communities where it is done and more 55 broadly, as industries and professional undertaking at the local level. Among contractors expand their services throughout those tools, the state should: the state. a) Provide grants to support the Minnesota cities share this goal, as development of local climate action demonstrated by over 140 cities voluntarily plans and tie those plans to funding participating in the GreenStep Cities made available to implement them; program. However, already strained budgets and reserves at the state and local level have b) Where possible, build on existing limited the ability of the state to assist local assistance and incentive programs to units of government in furthering specific limit duplication of effort, improve projects that support the overall state goal. efficiency, and minimize new tracking In addition, institutional knowledge and and reporting requirements; capacity of most cities limits their ability to explore energy efficiency or renewable c) Help ensure that reduced energy use energy projects, even projects whose energy results in reduced energy costs by "payback" could finance project capital addressing problems with costs. amortization timing; As the role cities are playing in reducing d) Have laws that allow and support energy use and developing renewable utility grant and loan programs; energy generation expands, how those efforts are affected by electric utility e) Create a grant program to assist in practices also becomes more important. covering local capital costs to install Utility billing is not consistent between solar energy systems on public electric utilities,with many using different buildings; rate categories, significantly complicating fj Use proceeds from the Renewable B3 benchmarking reporting and billing transparency. For projects on which a utility Development Fund to support local provides capital, the length of time over government projects; which city projects are amortized can also g) Provide increased flexibility for be extended to the point that energy cost utilities to work with local savings are eliminated, even with substantial government; demand reductions. The application of demand and peak demand rates in h) Support development of a unified repayment schedules can also reduce or electric energy billing and usage eliminate energy cost savings. structure that is easily imported into a Response: The League of Minnesota B3 Benchmarking tracking system; Cities calls on our legislators and state i) Develop a framework that allows executive agencies charged with Property Assessed Clean Energy accomplishing the state's energy policy Programs; goals to assist cities,townships and counties with tailored efforts to identify j) Play an increased role in providing a appropriate energy efficiency and comprehensive network of charging renewable energy projects for stations to support a transition to 56 electric vehicles and equitable access recreation, and other benefits must be to charging stations; protected from tree loss. A lack of timely investment in urban forests costs cities k) Create a grant and loan program to significantly more in the long run. offset start-up capital expenses for projects identified where the savings Further, more and more cities are facing in energy costs can offset capital immediate costs for the identification, project costs or where projects are removal, replacement, and treatment of needed to meet energy policy goals; emerald ash borer(EAB) as it spreads across the state. The state has no program to assist 1) Clarify state law so that cities may use cities in covering those expenses. public utility franchise agreements to advance energy policy goals, and; Response: The League of Minnesota Cities supports funding from the general m) Recognize that for the state to meet its fund or other appropriate state funds for goals, hands-on state energy agency a state matching grant program to assist technical expertise needs to be made cities with building capacity for urban available to cities at no cost. forest management and meeting the costs of preparing for, and responding to, SD-68. Urban Forest Management catastrophic urban forest problems. Funding Specifically, direct grants to cities are Issue:Urban forests are an essential part of desperately needed for the identification, city infrastructure. Dutch elm disease, oak removal, replacement, and treatment of wilt disease, drought, storms, and emerald trees related to management of EAB. The ash borer threaten our investment in trees. state should establish an ongoing grant The costs for control and removal can be program with at least $5 million per year catastrophic and put pressure on city that is usable for those activities. budgets. The Minnesota Department of Natural Resources, through its Urban and SD-69. City Pesticide Application Community Forestry program, and the Authority Minnesota Department of Agriculture, through its Shade Tree and Invasive Species Issue: Current state law in Minn. Stat. § program, currently have regulatory authority 18B.09 limits city authority to an ordinance to direct tree sanitation and control requiring warning signs after pesticide programs. Although these programs allow application. With many cities working to for addressing some tree disease, pest, and increase pollinator-friendly habitat and other problems, funding levels have been reduce the impact of pesticide usage known inadequate to meet the need of cities to build to be lethal to pollinators, cities are seeking capacity for urban tree programs and further tools to meet those public respond to catastrophic problems. Cities expectations. With small lot sizes,primarily share the goal of the state's Releaf non-agricultural property uses, and dense Program—promoting and funding the residential concentrations, cities often find inventory,planning,planting, maintenance, that the broader state pesticide regulations and improvement of trees in cities are not adequately protective of pollinators throughout the state. In addition, economic and are seeking additional state authority to gains for stormwater management, tourism, address these issues in their communities. 57 Response: The state legislature should precinct polling places on Election amend Minn. Stat. § 18B.09 to allow cities Day. to opt to restrict the application or use of pollinator-lethal pesticides within their SD-71. Administering Absentee community and require the Minnesota Balloting Department of Agriculture to maintain a list of which pesticides include pollinator Issue: Eligible voters in Minnesota may protection boxes in their labeling or vote by absentee ballot prior to Election precautionary pollinator or bee warnings Day. Starting 46 days before the election, a in the environmental hazards section of voter can request an application for an their labeling. absentee ballot and if approved, receive and cast an absentee ballot in one visit to SD-70. Election Issues their county or city election offices. Ballots can also be requested, applied for and Issue: Cities play an important role in received by mail and returned by the voter to administering state and federal election law the election office by 3:00 pm on Election and conducting voting activities. Day or by 8:00 pm on Election Day if delivered by mail or package delivery. Response: To strengthen the effectiveness Absentee balloting results are not known of elections administration, the until combined with polling place results Legislature should: when the polls close on Election Day. a) Seek the input of cities, townships, For those voting absentee in-person, the counties, and school districts on absentee ballot application process is proposed changes to voter burdensome and confusing as voters expect registration, election law, and needed the same process they encounter in their improvements and updates to the polling place on Election Day. The Statewide Voter Registration System; application process should be replaced by b) Amend the timeline for candidate having the voter verify their identity on a filings in cities without a primary so paper or electronic roster. Currently that the final day of filing is prior to electronic signatures are not allowed by state law; having the authority to use electronic the August primary date and align the signatures would make the process more date when city and school district efficient. Streamlining the voter check-in ballot questions must be submitted to procedures would increase efficiency and the county to match the close of decrease the time voters spend in line candidate filing; waiting to cast their absentee ballot. c) Expedite court action to resolve Minn. Stat. § 203B.121, subd. 4 stipulates candidate eligibility related to that at the close of business on the seventh residency in errors and omissions day before Election Day, elections proceedings; and administrators can begin processing d) Eliminate redundant audio testing of absentee ballots received by mail and assistive voting technology and accepted. At the beginning of the seventh equipment by election judges in day before Election Day, in-person absentee voters can place their ballots directly into a tabulator(Minn. Stat. § 203B.081, subd. 3). 58 If a voter who has voted absentee prior to absentee ballots,prepare supplemental lists the seventh day before Election Day wishes indicating which voters have already cast to "claw back"their ballot and receive a new absentee ballots and deliver the lists to ballot, they are able to do so through the precincts prior to opening of the polls on seventh day. Once direct balloting begins, a Election Day. The current absentee voting voter should no longer be able to "claw process further requires that additional back" a ballot. Additionally, opening supplemental lists of final absentee voters be absentee ballots that have been accepted delivered to the polls after the last mail should begin at the beginning of the day on delivery on Election Day and often leads to the seventh day before Election Day. administrative challenges and increased potential for errors in the process. For those who vote in-person absentee prior to the seven days before Election Day, there As more and more voters choose to vote is confusion and in some cases, frustration early with absentee balloting, improvements that they are not allowed to place their must be made to increase efficiency of ballots directly into a tabulator. To match administering absentee balloting before the voter experience to be the same as they Election Day, reduce the potential for errors, would experience on election day and and to improve voter experience. respond to the voter demand to vote early, this time period should be increased from Response: The League of Minnesota seven to the full 46 days before Election Cities supports: Day. Additionally, a voter can request to place their ballot in a series of envelopes a. Removing the paper application similar to those returned by mail to be requirement for in-person absentee processed after they have left the building. voters and allow voters the option to Few, if any, voters request to place their apply electronically; ballot into envelopes. b. Amending state statute to allow State law allows alternative sites for elections administrators to begin conducting absentee balloting but requires processing accepted absentee ballots that these sites remain open for the full 46 when direct balloting begins at the days prior to Election Day. For some beginning of the seventh day before jurisdictions, staffing alternative sites for the Election Day and subsequently, full 46 days is not efficient as these sites concluding the "claw back" period at may be underutilized until closer to Election the close of business the day before; Day. Cities should be able to determine the length of time most appropriate for c. Increasing the time period that an in- alternative sites to meet the voting demands person absentee voter can place their of their residents. As required by state law, ballot directly into a tabulator from voters would maintain the ability to vote in- seven to 46 days; person absentee during the full 46-day period at city halls. d. Eliminating the option to place an in- person absentee ballot in a series of Current law allows for in-person absentee envelopes instead of a tabulator; voting until 5:00 p.m. on the day before e. Allowing alternative in-person Election Day. This does not leave adequate absentee voting sites to be established time for election officials to process 59 for less than the full 46 days currently vote or voted before their rights were required by state law; restored. f. Establishing an earlier deadline for SD-73. Write-in Candidates in City ending in-person absentee voting; Elections g. Revising absentee ballot regulations to Issue: For federal, state and county offices, allow any person 18 and older to write-in candidates are totaled together as witness the absentee process and sign one number for write-in votes. If a candidate the envelope as a witness; and wants the write-in votes to be individually h. Authorizing cities with health care recorded, the candidate must file a written facilities to schedule election judges to request with the Secretary of State no later conduct absentee voting at an earlier than seven days before the general or special date in health care facilities. Election Day. This provides any declared write-in candidate the same provisions for SD-72. Loss of Felon Voting Rights tabulation as a candidate whose name is printed on the ballot. Because this Issue: There is confusion as to when voting requirement does not exist in city elections, rights are restored to those convicted of a city election officials are required to take felony, and notification of restoration is considerable time and resources to count and inconsistent or nonexistent. This very often individually record write-in votes cast, many leads to challenges placed on Election Day of which are frivolous. rosters for those convicted of a felony who Response: The League of Minnesota are not eligible to vote and election judges Cities supports legislation to: must then challenge the voter and spend time and resources determining a voter's a) give cities the option to require that eligibility. It would be much clearer if the write-in candidates for local elective loss of voting rights occurred only when a offices file a formal request with the person is incarcerated. chief election official at least seven Response: The League of Minnesota days before the city election if they Cities opposes the loss of voting rights for wish to have their write-in votes those convicted of a felony who serve the individually recorded; and entirety of their sentence in the b) allow the city clerk to only compile community and are not incarcerated. If and report write-in votes for specific incarcerated, the League of Minnesota candidates if the total number of Cities supports the restoration of voting write-in votes for an office is greater rights to those convicted of a felony once than or equal to the number of votes they have completed their term of received by the candidate appearing incarceration. This will eliminate the on the ballot receiving the fewest administrative burden of challenging number of votes. voters at the polls and determining eligibility from various jurisdictions. This SD- 74. Ranked Choice Voting will also eliminate the need for investigation by local law enforcement of Issue: Current law allows charter cities to those who have unknowingly registered to consider and adopt Ranked Choice Voting 60 (RCV) as an alternative voting method in d) allowing for the use of more than one local elections. State statute does not extend ballot should a city with RCV conduct this authority to statutory cities. a municipal election in conjunction Additionally, there are no statewide with a state general election. standards for conducting RCV. The lack of consistent guidelines on how to effectively SD-75. Voter Assistance implement a RCV system imposes significant challenges for election Issue: Increasingly, voters may need administrators and voters. assistance with language translation. Currently state statute does not allow for the The Office of the Secretary of State certifies hiring of language interpreters for the sole voting systems for cities and counties across purpose of assisting voters with ballot the state. This process does not include the language interpretation; they must also be systems used for RCV elections. This makes trained as and serve as election judges. This it difficult for cities to access voting systems limits the availability and access to language approved by the state. interpretation for voters. Minn. Stat. §§ 204D.11 and 206.90 require The federal Uniformed and Overseas the use of one ballot only for a state general Citizens Absentee Voting Act(UOCAVA) election unless there is a need for a separate provides the legal basis for absentee voting judicial ballot. To allow cities that have requirements for U.S. citizens who are implemented RCV to hold municipal active members of the Uniformed Services, elections in conjunction with a state general the Merchant Marine, and the commissioned election, state statute must be amended to corps of the Public Health Service and the allow for more than one ballot. National Oceanic and Atmospheric Administration, their eligible family Response: The League of Minnesota members and U.S citizens residing outside Cities supports: of the United States. This process allows a voter to complete a ballot electronically and a) legislation that would give statutory then return it via mail. Voters with cities the same authority given to disabilities may have assistive technology charter cities to consider and adopt within their homes that best meets their RCV; needs. Allowing them to receive a ballot b) statewide standards for those cities electronically, similarly to UOCAVA voters, that choose to adopt RCV to ensure it would subsequently allow them to complete is implemented consistently their ballot utilizing their own personal throughout the state to give voters assistive technology. State statute does not confidence in the fairness of the allow a voter to complete a ballot alternative process of casting their electronically. ballots and in the outcome of such As election equipment and assistive elections; technology continues to evolve, it is critical that local elections administrators have c) a state certification process for voting flexibility in purchasing equipment and systems used in tabulating RCV technology that will best meet the needs of elections; and voters within their communities. 61 Response: The League of Minnesota SD-77. Election Judge Recruitment Cities supports the ability of elections and Retention administrators to respond to the needs of voters who may benefit from assistance to Issue:Nearly 30,000 Minnesotans serve as ensure the greatest level of participation election judges. The recruitment and by those eligible to vote. This includes: retention of election judges is a significant and essential component of administering a) Allowing the hiring of second elections throughout the State of Minnesota. language interpreters to staff polling places; State statute requires that precincts with more than 500 registered voters be assigned b) Extending electronic voting to people at least four election judges and those with with disabilities; and fewer than 500 registered voters be assigned c) Increasing flexibility for elections at least three election judges. Minn. Stat. § administrators to purchase assistive 204B.21 requires that at least two election voting equipment and technology that judges in each precinct serve with a different best meets the needs of voters with major political party designation, except for disabilities. student trainee election judges. The remaining election judges in a precinct can SD-76. Electronic Rosters serve without an affiliation to a major political party and no more than half the Issue: While electronic rosters (or"e-poll judges in a precinct may belong to the same books") may increase efficiency and major political party. Statute specifically decrease cost for some cities, this may not requires election judge party balance to be true for all. As cities explore the use of perform four polling place activities: electronic rosters, data collected from the assisting a voter in curbside voting; opening Office of the Secretary of State and from the ballot box; duplicating ballots; and in jurisdictions that have used the technology, conducting an election at a Healthcare may be helpful in determining next steps Facility. Political party affiliation is also and to improve the process. Currently when unnecessary in city special elections when a voter verifies their identity at a polling offices on the ballot are nonpartisan. place via an electronic roster, they sign a Minn. Stat. § 204B.19 allows high school paper form. State law does not allow voters students to be excused from school to serve to sign the e-poll book. as a trainee election judge if the student Response:As the Legislature continues to submits a written request signed and examine the use of electronic rosters, approved by the student's parent or guardian cities should retain the option of utilizing to be absent from school and a certificate this technology but should not be from the appointing authority stating the required to do so. If cities choose to use e- hours during which the student will serve as poll books,the use of electronic signatures a trainee election judge to the principal of should be allowed to increase efficiency. the school at least ten days prior to the To ensure there is a paper copy of the election. This process is not currently signatures, the receipts printed by the extended to college students which has electronic rosters should include a copy of proven to be a barrier for recruiting college the voter's signature. students to serve as election judges. Additionally, teachers and college faculty 62 are also allowed to take time off of work to Staffing and equipment needs can be very serve as an election judge. costly and mail balloting is an efficient way of conducting an election for cities that have Response: To ensure state requirements lower numbers of registered voters are met, party balance is maintained, and regardless of location in or outside the metro to expand the opportunity of serving as area. It is not uncommon for the redistricting an election judge to others,the League of process to create very small precincts in the Minnesota Cities supports the following metro area that are more cost-effectively changes: served by a mail balloting process. Additionally, for special elections that a) Eliminate the party balance historically have lower turnout, mail requirement for elections where only balloting could increase voter participation. nonpartisan offices and/or ballot questions are on the ballot; Response: The League of Minnesota Cities supports allowing all cities to b) Authorize college students to get time conduct mail balloting. off from classes if they have been appointed to serve as an election SD-79. Modernizing Charter judge; Amendment Process c) Allow for one election judge affiliated Issue: Minn. Stat. § 410.12 outlines the with any major political party to process for amending city charters and one perform an election activity that of the methods is citizen petition and Minn. requires party balance specifically Rules 8205 provides specific criteria for outlined in statute with one election formatting. City staff then review the judge who has not declared a party petition to determine if it is valid and has affiliation; and met statutory requirements for completion d) Shorten the deadline for major and submission. To ensure that both citizens political parties to provide lists of and city staff fully understand the persons interested in serving as requirements, clarifying changes should be election judges to election officials made. within 30 days following precinct Response: To improve the process for caucuses. amending a city charter, the League of SD -78. Mail Balloting Minnesota Cities supports: Issue: Minn. Stat. § 204B.45 authorizes all a) Adding clarifying language regarding non-metropolitan townships and cities with "registered voters". These voters less than 400 registered voters located must be eligible voters in the district outside of the Minneapolis/St. Paul seven- for which the petition is being county metropolitan area to hold elections circulated who are in active status on by mail. A city may conduct mail balloting the statewide registration system at for an individual precinct having fewer than the time of petition verification and 100 registered voters, subject to the approval have not had a name or address of the county auditor. change since the most recent voter registration application was submitted. 63 b) Ensuring that petitioners have access of conducting the presidential to the petition,public information lists nomination primary; and used to verify registered voters, and the examination log available for b) Allowing the presidential nomination inspection on request of any registered primary to be conducted via mail voter. balloting. c) Revising Minn. Rules 8205 to ensure SD-81. Health Care Facility Voting that formatting requirements are clear and up to date. Issue: Minn. Stat. § 203B.11 outlines the process for individuals living in health care SD-80. Presidential Nomination facilities to vote. Local election Primary officials send teams of election judges to facilities such as nursing homes and Issue: In 2016, the legislature passed into hospitals during the 20 days before the law a process for the state of Minnesota to election. They distribute ballots to eligible conduct a presidential nomination primary residents of the facility and provide in 2020 for president of the United States. assistance as needed. Allowing more time This is administered by cities and counties for this process would increase resident much the same way elections are conducted. ability to register to vote or apply for an absentee ballot and ensure their ballot is Minn. Stat. § 207A.15 provides a process for submitted. local units of government to be reimbursed for expenses incurred from conducting the There have been instances when facility primary. The Office of the Secretary of State staff have refused entry to city elections (OSS) submits to the Department of officials to provide health care facility Management and Budget(MMB) an outreach voting. It is essential that city staff estimated cost of administering the primary, are able to provide this service to ensure that and MMB provides funding to the OSS. every eligible resident is able to vote should That funding is then distributed to local they choose to. units of government as a reimbursement based on expense reporting submitted to the It is not uncommon for residents of health OSS. Because the presidential nomination care facilities to move to different rooms or primary is a partisan activity administered units within a building. If their voter on behalf of political parties, it is critical registration is tied to a specific unit within that local units of government be reimbursed the building, they must re-register to vote fully and that no cost be borne by cities. after moving or their ballot may be rejected. Additionally, conducting a primary election This is unnecessary given the resident still by mail could conserve resources and lives in the same facility. potentially increase voter participation. The process for health care facility voting is Response: The League of Minnesota required in precincts that conduct elections Cities supports: by mail. This is confusing for residents and facility staff. This requirement should be a) Ensuring that local units of eliminated in mail-only precincts though government are fully reimbursed for elections administrators should work to all anticipated and unanticipated costs 64 ensure that any new resident of a facility is the precinct to vouch for that person which able to register and receive a ballot. can be difficult to find when experiencing homelessness. Response: It is critical that those living in health care facilities are able to vote For those experiencing homelessness, securely and with minimal complication. leaving their space and any belongings can To do so, the League of Minnesota Cities potentially mean losing them. This becomes supports amending state law to increase a significant barrier to registering to vote flexibility for cities and health care and participating in elections. facilities partnering in administering elections. This includes: Response: The League of Minnesota Cities supports the following to improve a) Extending the time period that the process for voters experiencing residents of health care facilities are homelessness to safely and securely vote. able to vote to 46 days before an election which is current state law for a) Update Minn. Stat § 200.031 to allow voting absentee; an eligible voter to designate a residential address or the address of a b) Requiring entry into facility for city facility or residential shelter, such as elections officials to ensure residents homeless shelter or woman's shelter, are able to vote; that assists people experiencing homelessness where their official c) Eliminating the need to include a election mail may be sent and have specific room or unit number on voter that serve as the address for assigning registration or absentee ballot a precinct and polling location. applications of those living in health care facilities; and b) Allow cities to do outreach in areas with concentrated populations of d) Exempting mail-only precincts from those experiencing homelessness to also conducting health care facility register people to vote, assist with voting while ensuring that new applications for absentee ballots, and residents are able to register and issue and receive ballots in a process receive a ballot. similar to Health Care Facility outreach. SD-82. Voters Experiencing Homelessness SD-83. Voter Registration Issue: Minnesotans experiencing Issue: While registering to vote is the most homelessness are able to register to vote critical step an eligible voter must complete using the location of where they usually prior to casting a ballot, it remains a sleep as defined in Minn. Stat. § 200.031. complicated process and barrier to new This could be an intersection or shelter voters. Procedures currently utilized in the address. Because the voter does not have a state have largely remained unchanged for permanent mailing address, the registration many election cycles and fail to account for is often challenged which then requires a changes in population demographics and voter to re-register each election. This increasing demands for non-traditional process also requires a registered voter in voting methods. 65 Minn. Stat. § 201.061 currently stipulates documents like work paystubs, tax returns, that eligible voters may either register to mortgage closing paperwork, non-standard vote no less than 20 days prior to an election lease/rental agreements (Hotels, AirBnB, or on Election Day at their polling place. In group homes), a social service agency letter addition to completing the necessary describing where a homeless voter lives, paperwork, a potential voter is required to USPS address change verification, and other provide proof of identity and residence. One documents issued by government entities. option for proof of residence is to have a registered voter from the same voting Additionally, under Minn. Rules 8200.5100, precinct vouch for the eligible voter. voters may present bills due or dated within 30 days of Election Day to meet proof of The vouching process is a vital option for residence requirements. This timetable can voters lacking current documentation but be problematic when the absentee voting remains challenging. While voters very period starts 46-days prior to the election. likely know people in their neighborhood, The 30-day window around Election Day this does not guarantee they reside in the often results in some voters not having a same voting precinct. Local roads are often current enough bill to register in the first few used to divide voting precincts, thus putting weeks of absentee voting. It can be neighbors across the street in different confusing for voters as to why their most precincts. This issue is even more prevalent current bill is not accepted as proof of for voters experiencing homelessness where residence. Having a start date coincide with vouching is often the only viable option for the start of absentee voting would provide registering. Expanding the eligible vouching more voters access and remove confusion on list to those who reside in the same city the different deadlines. would provide further flexibility to voters and allow election officials to still track the Response: The League of Minnesota limit of 8 vouches per person. Cities supports modernizing current voter registration procedures such as: Under Minn. Rules 8200.5100 the Secretary of State defines the list of acceptable a) Expanding eligible vouchers to any documents that voters may use for proof of registered voter in the same city. residence. While there are many options currently authorized, many comparable or b) Expanding the list of acceptable similar documents are not currently allowed. documents that can be used for proof The lack of consistency creates a great deal of residence. of confusion for voters as to why documents providing the same information are not c) Expanding the current 30-day window treated the same. New emerging industries for original bills that voters may and services are also not accounted for. utilize for registration to coincide with Consideration should be given to adding the 46-day absentee voting period. 66 IMPROVING LOCAL ECONOMIES sued for a "taking" as a result of LE-1. Growth Management and executing state land-use policies; Annexation d) Give cities broader authority to Issue: Unplanned and uncontrolled growth extend their zoning, subdivision, and has a negative environmental, fiscal, and other land-use controls outside the governmental impact on cities, counties, and city's boundaries, regardless of the the state because it increases the cost of existence of county or township providing government services and results in controls, to ensure conformance with the loss of natural resource areas and prime city facilities and services; agricultural land. e) Clearly define and differentiate Response: The League of Minnesota between urban and rural development Cities believes the existing framework for and restrict urban growth without guiding growth and development municipal services or annexation primarily through local plans and agreements outside city boundaries. controls adopted by local governments This should contain a requirement should form the basis of a statewide that counties and joint power districts planning policy, and that the state should that provide sewer,water, and other not adopt a mandatory comprehensive services, which have been traditionally statewide planning process. Rather, the provided by cities, include as a state should: condition of providing service the annexation of properties that are the a) Provide additional financial and recipients of such services in cases technical assistance to local where annexation is requested by a governments for cooperative planning city that could feasibly be providing and growth management issues, those services; particularly where new comprehensive plans have been f) Facilitate the annexation of urban mandated by the Legislature; land to cities by amending state statutes that regulate annexation to b) Keep comprehensive planning make it easier for cities to annex timelines on a ten-year cycle due to developed or developing land within the financial and workload impacts unincorporated areas; these processes place on cities; g) Oppose legislation that would c) Clearly establish the public purposes reinstate the election requirement in served by existing statewide controls, contested annexations; such as shore land zoning and wetlands conservation; clarify, h) Support legislation to prohibit simplify, and streamline these detachment of parcels from cities controls; eliminate duplication in their unless approval of the detachment has administration; and fully defend and been granted by both the affected city hold harmless any local government and township and the affected county 67 has been notified prior to the city and state land use restrictions and would require township acting on the request; extensive changes to local plans, controls and ordinances. It would also create large i) Oppose legislation that allows orderly numbers of nonconformities on properties annexation agreements to be adopted within city limits and would make state that prohibit annexation by other wildlife management areas far less desirable cities of property not being annexed due to impacts on future city development. under the agreement; In rural areas, where this is less of a j) Encourage ideas consistent with the concern, counties and townships have the long-term goal of allowing urban authority to object to the state purchasing development only in areas currently land for the outdoor recreation system for or about to become urban or these very reasons. Cities do not have that suburban in character; and statutory right. Due to recent statutory changes (Minn. Stat. § 97A.137, subd. 4) k) Establish stricter criteria on the removing city authority to adopt ordinances amount cities can pay to townships as related to firearm discharge, hunting and part of an orderly annexation trapping activity in wildlife management agreement so that payments to areas within their borders, these purchases townships are limited to should not occur without city consent and reimbursement for lost property tax input. base for no more than a fixed number of years, documented stranded Response: The League of Minnesota assessments, and other items for Cities opposes the state imposing which there is a clear nexus. retroactive development restrictions around existing wildlife management LE-2. Wildlife Management Areas areas. Issue: The Department of Natural Resources When purchasing state wildlife has been pressing for legislative management areas and other requirements creating development conservation and outdoor recreation restrictions on property adjacent to land system land, the state should either purchased by the state for hunting and other purchase sufficient land to provide an conservation purposes. This issue has been internal buffer from surrounding increasingly controversial as urban growth development or purchase development extends into areas previously considered rights to land adjacent to the property if rural and residential property owners are such a buffer is deemed essential to finding themselves adjacent to public preserving the intended uses for the hunting land. With large amounts of new property. This should be required for new revenue going into state land purchase for land purchases and done where feasible game and fish habitat and public access for existing wildlife management areas. purposes because of the passage of the constitutional amendment, these problems Furthermore, Minn. Stat. § 84.944 and § could occur even more frequently. 97A.145 should be amended to include cities in the local government notification The solution being proposed will put local and approval process the state must governments in the position of enforcing follow before purchasing public land. 68 LE-3. Official State Mapping proceedings. Eliminating authority of Responsibility municipal electric utilities to extend services or making extension of municipal electric Issue: For many years,the Minnesota service to annexed property unreasonably Department of Transportation(MnDOT)has costly,would interfere with community provided the mapping services to keep development and make it unfeasible for survey-level accuracy in place for the state's municipal electric utilities to serve official maps and records. That information properties located within rural electric changes when roads are made or improved cooperative (REC) or other electric service and needs regular adjustment when provider service territory in annexed areas, municipal boundary adjustments are made. even if the REC or other electric utility had The information is then used at all levels of not served them prior to annexation. government to accurately determine property boundaries for transportation aid, Response: The League of Minnesota utility service boundaries, state and local Cities opposes any attempt to remove or funding formulas, election issues, and a alter the eminent domain option available number of other uses. to municipal electric utilities in state law, or to make it financially unfeasible for No state agency, however, has ever been municipal utilities to compensate rural statutorily provided with mapping electric cooperatives or other electric responsibility and MnDOT is not funded for utilities for serving future customers who providing that level of detail in its mapping. reside in annexed areas where that Because MnDOT, as an agency,requires electric utility has not provided service. less specificity in its maps, a change has slowly been integrated to mostly restrict LE-5. Statutory Approval MnDOT mapping to what changes occur in Timelines road ownership and responsibility, leaving many mapping needs unmet for other users Issue: Cities since 1995 have been required of boundary data. to act on written requests relating to zoning, septic systems, the expansion of Response: The League of Minnesota Metropolitan Urban Service Areas (MUSA), Cities supports legislation making a and other land-use applications in named state entity the official provider of accordance with a statutory time period survey-level mapping for the state, generally referred to as the 60-day rule. including maps for municipal boundary Pursuant to Minn. Stat. § 15.99, state and adjustments. The Legislature must local government agencies must approve or provide the necessary appropriations to deny a permit within a statutory timeframe. the entity for providing that service. Failure by the agency to issue a specific denial of the application is deemed an LE-4. Electric Service Extension approval. Issue: Minnesota law preserves the right of Minn. Stat. § 15.99 does not directly address municipal electric utilities to grow with the whether an appeal of a decision triggers an cities they serve. Municipal electric utilities extension or is part of an original zoning may grow either through application to the request that must be handled within the 60- Minnesota Public Utilities Commission or 120-day time period. In a 2004 Minnesota (MPUC) or through condemnation Court of Appeals decision, the court found 69 that a zoning application is not approved or instances are fairly handled to ensure a fair denied for the purposes of Minn. Stat. § public process can occur for all interested 15.99 until the city has resolved all appeals and involved parties. challenging the application.Moreno v. City of Minneapolis, 676 N.W.2d 1 (Minn. Ct. While the Legislature has clarified some App. 2004). According to the court, an aspects of this law, additional modifications appeal is not a request for a permit, license are necessary to assist cities in providing or other governmental approval; therefore, it accurate and timely responses to applicants does not trigger a new 60-day time period. and to allow adequate time for public input. Under this interpretation, a decision Furthermore, as city staff and financial rendered by a zoning board or planning resources are increasingly limited, flexibility commission is not the final approval or in the length of approval timeline denial of an application if the city allows an requirements may be needed at the local appeal to the city council. level. This court decision is problematic for a Response: The Legislature should repeal couple of reasons. Forcing cities to further or amend Minn. Stat. § 15.99. If repeal is condense the process for considering unlikely, amendments should: planning and zoning applications will make it more difficult to gather public input and a) Increase the initial time limit to 90 leave less time for thoughtful deliberation by days or have the language in Minn. zoning boards and planning commissions. It Stat. § 15.99 apply as the default may also provide an incentive for cities to requirement only in cases where extend the original 60-day period in every permitting bodies have not established instance in order to build-in adequate time to an independent approval timeline; consider possible appeals. b) Clarify that approval does not The Minnesota Supreme Court recently abrogate the need for approvals under issued another 60-day rule decision that held other applicable federal, state or local that an application to the Minneapolis requirements; Heritage Preservation Commission for a certificate of appropriateness was a"written c) Provide appeal rights to adjacent request related to zoning," and therefore was property owners; subject to the automatic approval provision d) Clarify that, if requests are to be of the 60-day rule. 500, LLC v. City of decided by a board, commission or Minneapolis, 837 N.W. 2d 287 (Minn. other agent of a governmental agency, 2013). This opinion creates ambiguity and and the decision of the board, uncertainty about what permit applications commission or other agent is adopted are subject to the law. subject to appeal to the governing Additionally,the statute does not allow for body of the agency, then the agency exceptions to the timelines in event of may extend the 60-day time limit to extenuating local circumstances. If a state of resolve the appeal; and emergency limits the ability of city staff to e) More clearly define that the phrase complete the work, it should not result in a "related to zoning" refers to a de facto approval of applications. traditional land use decision such as Clarification is needed about how these 70 rezoning, conditional use permits, and fact that the property is clearly benefitted by variances. the retaining wall. f) To address states of emergency, add The special assessment statute anticipates the following new language to the the need for cities to create retaining walls statute: (h) The time limits in when making public improvements, and this subdivision 2 and 3 are paused if the holding could create significant costs for governor declares a state of cities forced to repair and maintain retaining emergency under section 12.31. In walls that benefit a single property. A choice cases described in these paragraphs, by a developer or previous property owner the deadlines in the areas included in to build a retaining wall to improve the the emergency declaration remain value or usefulness of property may appear paused until ten days after the to be necessary today but determining who expiration of the state of emergency, first created the need for lateral support in applied to any written application the past can involve costly and time- awaiting action that was submitted consuming historical research that may not prior to or during the state of reveal a clear answer. emergency. Response: The Legislature should amend LE-6. Maintenance of Retaining the special assessment statute so that Walls Adjacent to Public Rights of retaining walls needed to facilitate public Way improvements are treated the same as other local improvements. In cases where Issue: The Minnesota Constitution grants retaining walls located along public rights cities the power to "levy and collect of way or within drainage and utility assessments for local improvements upon easements separate public improvements property benefited hereby." Retaining walls from adjacent properties, the Legislature are one of the many improvements that a should establish a rebuttable presumption city is authorized to make on behalf of its that the need for lateral support was citizens, and Minnesota's special assessment created by the property owner. law, Minn. Stat. ch. 429, authorizes cities to charge special assessments on properties LE-7. Development Disputes that are benefitted by an improvement. Issue: State law is clear that fees collected The Minnesota Court of Appeals held that under Minn. Stat. ch. 462 are eligible for the city of Minneapolis had a nondelegable judicial review in the event of dispute. The duty of lateral support to a property owner Legislature limited the timeframe during with a retaining wall abutting a city which an aggrieved party may challenge sidewalk.Howell v. City of Minneapolis, planning and zoning fees to 60 days after 2013 WL 1707759 (April 22, 2013). A approval of an application. However, the subsequent jury found that the city created law is not clear about what notice the need for lateral support when it built the requirements to the municipality are street and sidewalk adjacent to the property, necessary, relative to the timing for a person making the city responsible for the aggrieved by an ordinance or decision under maintenance the retaining wall, despite the the municipal planning act to seek review. 71 Response: The Legislature should amend many homes in a community, then selling Minn. Stat. § 462.361 to establish a 60- them on contract for deed. This can allow a day time limitation in which an aggrieved person to essentially act as a landlord while person may bring an action against the evading a city's rental inspection and rental municipality. licensing process, while the buyers lose the traditional legal rights and protections as LE-8. Foreclosure and tenants. Many view it as a way to rent the Neighborhood Stabilization property and may not be aware of it being a contract for deed. Issue: Cities dedicate scarce resources to address public safety and maintenance Numerous problems arise for cities and challenges associated with foreclosed, neighborhoods when property owners are vacant, and under-maintained homes. Left acting essentially as renters. It is difficult to unaddressed, these properties destabilize determine who is responsible for neighborhoods, depress neighborhood maintaining the property or for paying utility property values, and potentially increase the bills and property taxes, and cities may not costs of municipal services. Cities' revenue be able to inspect substandard properties if also continue to decline due to delinquent they are not subject to a lease agreement. In utility payments and property tax payments, some situations,property owners may wish as well as added costs for nuisance to have a renter be the responsible party for abatements. Although the number of those utility bills and utilize contract for deed mortgage foreclosures has stabilized arrangements to have the person living on somewhat since the peak of the recession in the property be the responsible party. The 2008, issues surrounding community property may also not be recorded at the recovery are still ongoing. county for homesteading purposes if the buyer is not aware of the formal change in State and local governments can play an ownership that results from a contract for important role in spurring reinvestment in deed. struggling neighborhoods, but without additional resources to address the variety In recent years, private equity companies and costly impacts of foreclosures and have begun purchasing large numbers of vacant properties, cities cannot maintain or single-family homes to convert to residential increase those activities to meet local needs. rental uses. The impacts of large a number The federal government has provided funds of acquisitions by private equity companies for neighborhood stabilization,but such on cities, housing stock, and the rental and funds are limited in eligible uses and scope, home ownership market are not yet fully and they are only available to a limited understood by local, state, and federal units number of cities. of government. Possible issues that may need further exploration include proposed Contracts for deed have been used to disposition strategies for such a large successfully buy and sell thousands of number of properties and how that may homes around Minnesota. However, some affect the local housing market. property owners use contracts for deed as an alternative to a traditional lease, even though Response: The Legislature should: the purchaser has no intention of buying the home. Some communities have encountered a) Secure increased state and federal a situation where a property owner is buying resources and provide financing tools 72 to help cover city costs associated with g) Study and monitor the impacts on the foreclosed and/or vacant properties, housing market of single-family home community revitalization strategies, acquisition by private equity and community investment, including companies. revenue sources for programs that support foreclosure mitigation, h) Re-enact a program similar to "This homeownership counseling, and Old House"to allow owners of expanded homeownership qualifying single-family homes or opportunities and are sustainable. multi-unit rental properties to defer the increase in tax capacity from b) Allow cities to take actions necessary repairs or improvements to their to protect foreclosed and/or vacant homestead property as an incentive homes from damage and to help for cities to maintain housing stock, preserve property values in including, but not limited to re- neighborhoods where concentrations occupying and homesteading of such conditions are present, foreclosed and vacant homes. In order including an expedited process to to provide potential opportunities in address nuisance properties. more communities,the program's age limit qualifications for a homestead c) Reexamine the Contract for Deed property should be updated to include statutes to determine whether properties that are at least 30 years additional protections are necessary to old. prevent property owners from evading responsibilities of a landlord i) Support programs that provide and provide local jurisdictions resources to cities for rehabilitation or resources to allow for education of new construction of single-family future buyers and sellers in contract homes, such as the Community for deed arrangements. Impact Fund and the Community Fix Up Program currently administered d) Support local authority for cities to through MN Housing Finance Agency collect all delinquent taxes, utility (MHFA). bills, liens, and assessments on foreclosed,vacant, boarded and/or tax LE-9. Housing Policy forfeited properties. Issue: Cities recognize that stable housing is e) Improve notification to cities, and essential to the health, safety, and welfare of consistency in the information residents. Since the Fair Housing Act of available to cities, when a property is 1968, and more recently with the in the foreclosure process and vacated. recognition that certain barriers to housing disparately impact certain members of our f) Support coordinated responses to communities, local government has been prevent foreclosures, activate and obligated to promote and reduce barriers to guide private investment and home fair housing and equal opportunity. For purchases, and support distressed example, households with housing choice neighborhoods. vouchers face many barriers to securing housing in the private rental market, 73 especially when rental vacancy rates are income on housing). In Minnesota, 40% of low. Currently rental vacancy rates are at a households of color experience cost burden historic low in much of the state. As a as compared to 23% of white households. result, many families and individuals may be Project based and voucher based rental unable to use their housing choice vouchers assistance that enable renters to pay no more and thus unable to secure safe, decent and than 30% of their income on housing are affordable housing. Additionally, many critical to reducing cost burden disparities. renters and homeowners face challenges Nationally, according to data analysis from housing displacement due to rising provided by the Urban Institute, only 1 in 5 costs, uninhabitable housing, and eviction households who qualify for a Section 8 that exacerbates housing instability and voucher receive this critical form of rental homelessness. assistance. State rental assistance programs are underfunded and are only intended to Despite progress since the Fair Housing Act serve as last resort efforts to prevent of 1968, households of color nevertheless homelessness. As a result, low-income experience a gap in homeownership rates families often make tradeoffs to reduce compared with white households and have housing costs. Families may choose or only faced barriers to housing due to a history of be able to afford living in poor-quality, housing policies and lending practices that substandard housing or a long distance from disproportionately benefit white households work opportunities to reduce housing costs. (i.e., application of GI bill largely only to The imbalance between the demand for white soldiers returning from war, redlining, affordable housing and the supply of low- and restrictive covenants). According to the cost rentals contributes to increasing U.S. Census Bureau and American housing costs. At the same time, wages have Community Survey data, the remained stagnant and not kept up with homeownership rate non-Hispanic White increased housing costs resulting in more Americans has held consistently above 71%. and more families experiencing housing cost However, the homeownership rate for Black burden. Rent-burdened households have Americans remains the lowest of all racial higher eviction rates, increased financial groups nationally at 41.8 percent. fragility, and wider use of social safety net Comparatively for Hispanic Americans, the programs, compared with other renters and homeownership rate is around 47% and for homeowners. The rates and severity of rent Asian Americans, it has hovered around burden, especially for households of color, 53%. According to the Minnesota Housing have increased housing instability and Finance Agency analysis of the 2018 U.S. resulted in fewer households transitioning Census Bureau's American Community from renters to homeowners. Survey, Minnesota has one of the highest homeownership rates in the nation,but the Response: The Legislature should: state has the fourth largest disparity in homeownership rates between white/non- a) Support resources and programs that Hispanic households and households of seek to assist communities in their color. efforts to reduce barriers to housing and promote fair housing and equal According to the 2018 U.S. Census Bureau's opportunity and support efforts by the American Community Survey, households federal government to promote fair of color are also more likely to experience housing policies intended to protect cost burden(paying more than 30% of their people from housing discrimination. 74 overcoming barriers to housing stability b) Support housing stability for renters such as high market prices, eviction, and through policies that mitigate the foreclosure, and responding to problems impact of or reduce evictions filed. caused by vacant homes and the increase in rental properties that are the result of c) Seek to identify and reduce racial foreclosure. disparities in homeownership in Minnesota and support policies and A comprehensive report issued in 2018 by encourage innovative solutions that the then Governor's Task Force on Housing address structural barriers for people delineated 30 specific recommendations to of color when it comes to accessing help achieve six goals, including: commit to housing including policies that homes as a priority; preserve the homes we encourage fair lending and provide have; build more homes; increase home homebuyer education and funding for stability; link homes and services; and down payment assistance to low- support and strengthen homeownership. The income households. Task Force's recommendations were based upon input from various statewide d) Support programs that reduce cost stakeholders, local governments and burden among renters and support residents and renters impacted by the lack of policies that address barriers for affordable housing in this state. These people of color when accessing safe, recommendations provide an important list healthy and decent affordable rental of housing goals that should continue to be housing. considered as cities work towards addressing affordable housing issues in their LE-10. Resources for Affordable communities. Housing Response: The Legislature should: Issue: Cities, along with local housing a) Support the affordable housing officials, are concerned about the need for priorities of the Minnesota Housing proactive commitment at the state level to aid cities to meet demand for affordable Finance Agency(MHFA), which include making resources and housing that is sensitive to local conditions, methods available to maintain and emerging trends, and changing improve existing affordable homes, demographics. This includes meeting the including publicly subsidized deeply needs of lowest-income households as well affordable, and housing stock that is as an aging population and ensuring a wide aging such as naturally occurring range of lifecycle housing options that allow (unsubsidized) affordable housing. seniors of all incomes to stay in their community, addressing racial disparity gaps b) Provide stable and long-term funding, in housing, and responding to emerging including but not limited to dedicated trends, such as the need to preserve federally funding sources, for Minnesota subsidized housing and naturally occurring Housing and other affordable housing (unsubsidized) affordable housing. The programs, including those that League also recognizes that federal, state encourage innovation and recognize and local governments all have a role to play regional markets, provides flexibility in meeting affordable housing needs, for cities to create partnerships and 75 leverage resources with private and g) Provide funding and financing tools to public entities, such as: capital cities to create affordable housing and investment funding for affordable and prevent foreclosure for veterans. public housing, funding for supportive services and programs that address h) Support for funding to reduce the homelessness and reduce barriers to racial gap in homeownership rates, stable housing and homeownership, a such as targeted homeownership tax credit contribution fund or a state capacity building and homebuyer low-income housing tax credit to help assistance. rebuild the state's partnership with local governments in the development i) Support additional funding for the of homeownership, and multi-family housing choice voucher programs or rental assistance and housing other rental assistance programs and renovation programs. financial, tax, and/or other incentives for rental property owners to c) Consider establishing a program to participate in these programs. address immediate needs throughout the year to provide a match for new or j) Support the current 4d Low-Income existing city-supported affordable Rental Classification under Minn. housing projects. This could include Stat. § 273.128 that provides a class matching funds, issued on a timeline rate reduction in property taxes to that is consistent with local budgeting qualifying low-income rental processes,for local revenues allocated properties. Base any program to a local affordable housing trust expansion proposals on the full fund. analysis contained in the 4d study program report to be submitted by d) Substantially increase long-term January 15, 2022 and ensure that any funding for the Economic modifications to the program are Development & Challenge Fund to balanced between the tax benefit to leverage local private and public existing and future 4d units and the resources to develop workforce rental increased tax burden on the existing and single-family homes. property tax base due to any expansion. Oppose any changes to the e) Support legislation to provide sales, 4d Low-Income Rental Classification use, and transaction tax exemptions or program that substantially increases reductions for development and the tax responsibility for residents and production of affordable housing and businesses or increases the tax benefit use state bond proceeds for land for landlords without including banking and trusts as well as increased benefits for renters of 4d rehabilitation and construction of units including but not limited to affordable housing. deeper affordability or property reinvestment. Support the f) Provide funding and financing tools to implementation of a reporting process cities to create affordable senior for landlords and consider a sunset housing for our aging population. period for any changes made to the program to evaluate the range of 76 impacts that expanding the program However, one of the most vexing difference may have. in the housing continuum is the lack of production of market rate housing in rural k) Support funding for infrastructure communities. The lack of market rate grants available to cities to assist with production has led to aging housing stock in the cost of providing critical greater Minnesota cities that hinders infrastructure and ensure that economic growth. At least 25% of the residential sites are shovel ready for housing stock in 34 of greater Minnesota's development. 80 counties was built before 1940 and only four counties in greater Minnesota have 5% LE-11. Greater Minnesota Housing or more of their housing stock constructed in 2010 or later. The aging owner-occupied Issue: Cities in greater Minnesota share and rental housing stock have low assessed many of the same housing needs as metro values far below any reasonable cost of new communities. However, not unlike differing construction and thereby translates to an real estate markets within a city, greater environment where lenders and developers Minnesota communities often have vastly often shy away from new market rate different market conditions for housing that developments because of these valuations or can necessitate priorities that vary from low prevailing rents. metropolitan areas. Greater Minnesota cities face unique challenges that affect the The circumstances also mean that the few affordability, quality, and availability of affordable housing projects that do make housing. While local communities in greater their way to greater Minnesota are often Minnesota are focusing on local efforts to notably of higher quality than the average attract development and encourage growth, market rate housing stock if they were lucky assistance is often needed from state and enough to produce any. Many of these federal resources to construct and affordable units rent for 20-37% higher than rehabilitate greater Minnesota housing stock what individuals would otherwise be able to and that assistance should better afford in many greater Minnesota cities if accommodate the varying realities of a they were buying a median valued home of diverse state and housing markets. significant age. Though numbers certainly differ, modest market rate units that have Like many metropolitan cities, greater been attempted or in some instances Minnesota city housing studies often cite advanced in our communities have a per unit challenges at many levels of the economic cost of$140-$150,000 while a tax credit spectrum that impact local economies and project with their added soft cost can often population growth. However, incomes reach costs of$225,000 per unit or more. within exclusively rural and rural/town mix Project costs for workforce housing can also counties are well below average incomes in become prohibitive for many developers in exclusively urban counties. The US Bureau greater Minnesota due to prevailing wage of Economic Analysis demonstrates over a requirements. While greater Minnesota 62% earnings gap between entirely rural and cities are looking to gain every advantage entirely urban counties. With low wages and stretch limited local resources for impacting the availability at all levels of housing, more state assistance should be housing. focused to allow rural communities to minimize the financial gap of market rate production. 77 Response: The Legislature should: they have made in infrastructure to comply with regulatory and smart a) Appropriate funding to state growth principles. assistance programs serving greater Minnesota to account for the state LE-12. Energy Efficiency imposed prevailing wage Improvement Requirements for requirements. Housing b) Require a comprehensive analysis of the state's housing assistance Issue: Rising energy costs have brought programs to better determine the attention to the poor energy efficiency of specific needs of greater Minnesota many private residences and multi-family communities and adjust programs properties, especially in older housing stock. accordingly. The affordability of housing could be severely impacted by continued increases in c) Change Tax Increment Financing home energy costs. Improvements in the rules to address specific housing energy efficiency of housing would improve challenges in greater Minnesota, the affordability of local housing options including but not limited to, and would help achieve state energy demand permanently extending the timeframe and greenhouse gas emission reduction for pooling redevelopment TIF goals. The challenge is how best to achieve projects from 5 to 10 years to allow that result. more flexibility for rural communities Legislative discussions have suggested that to amass properties and finance minimum energy efficiency improvements projects while removing blight and could be added as point-of-sale allowing TIF to be used for workforce requirements, including energy use or market rate housing production in disclosure and basic renovations such as areas of low market rate production to improved attic insulation levels, window provide parity at a 25-year duration. caulking and other air sealing, or improved d) Appropriate more state resources and light fixtures. establish grant and forgivable loan While the goals of such a program are programs that support market rate laudable, there are a number of concerns for and senior housing development how this would actually be accomplished in proposals in greater Minnesota individual cities. Most cities do not, for communities where production is extremely low. example, have point of sale inspections. There will also be cases where the building e) Work to address the disconnect could be structurally unable to meet high between communities that follow the attic insulation requirements, such as with Statewide Building Code and those manufactured housing or with older houses areas that do not to ensure a level with very little attic space. There are also playing field while encouraging concerns that the cost of meeting these prudent health and safety measures. energy requirements could result in Furthermore, the building code homeowners being reluctant to sell their should not be used to further houses because of the expense of the disadvantage cities for the investments improvements that would be required to 78 meet new standards or property owners residential Property Assessed Clean passing on the cost of upgrades to tenants. Energy(P.A.C.E.) programs viable for local governments. Increased exposure to educational information, such as increased access to Cities should use their communication energy audits and more familiarity with and tools, such as newsletters,web sites, and access to programs that finance energy staff communications to promote these efficiency projects could increase adoption efforts and to help link property owners of energy efficiency improvements. Electric to educational materials and program utilities provide successful, cost-effective resources. Additionally, cities could be energy efficiency programs, have a customer incentivized to adopt strategies to disclose relationship with homeowners, a regulatory energy usage data for building owners to requirement to meet energy demand identify options for cost-efficient energy reduction goals through conservation improvements. spending, and access to technical expertise that can take into account variations in LE-13. In-Home Day Care Facilities building age and construction. Cities could, however,play a strong role in increasing Issue: There are restrictions on the ability of public exposure to approved educational a city to regulate licensed day care facilities. materials and providing incentives through Minn. Stat. § 462.357, subd. 7, states that the use of other local financing support certain licensed residential facilities and day options for property owners, such as grants, care facilities must be considered a loans, and a Property Assessed Clean permitted single-family use for zoning Energy(P.A.C.E.)program. Cities could purposes. The restriction is designed to also take advantage of the recently added protect"in-home" daycare facilities,but the assessment authority in Minn. Stat. § law applies even if the facility is not the 429.021 to provide financing for energy primary residence of the day care provider. improvement projects in residential This creates a loophole for providers to use a properties of five or more units if a property single-family home as a commercial daycare owner petitions for an energy improvement facility, which might not otherwise be project in an existing building. allowable under a city zoning ordinance. Response: The League of Minnesota Response: The Legislature should amend Cities agrees that there is a need to Minn. Stat. § 462.357, subd. 7, to clarify improve the energy efficiency of that a licensed day care facility serving 12 residential building stock to reduce or fewer persons is considered a energy consumption and improve the permitted single-family use only if the affordability and livability of housing. license holder owns or rents and resides The state should focus its efforts on in the home. improving educational programs and on improving the use of the existing LE-14. Residential Programs statewide Conservation Improvement Program (CIP) and similar programs and Issue: Minnesota's deinstitutionalization provide property owners with technical policy seeks to ensure that all people can and financial support for weatherization live in housing that maximizes community and energy efficiency improvements. integration. Minn. Stat. § 462.357, subd. 6a. Further, the state should work to make states that"persons with disabilities should 79 not be excluded by municipal zoning Human Services from granting an initial ordinance or other land use regulations from license to a residential program of six or the benefits of normal residential fewer people within 1,320 feet of an existing surroundings." Minnesota cities support residential program in cities of the first inclusion of people with and without class. disabilities in their communities, but these policies are best implemented with minimal In 2015, Minn. Stat. § 245A.11, subd. 4, was encroachments on municipal zoning amended to clarify that the Commissioner of authority and positive working relationships Human Services is required to approve between cities, care providers, and the state. licenses for"community residential settings" within 1,320 feet of existing residential On one hand, treating persons with programs. A "community residential disabilities differently generally raises setting" is commonly known as adult foster questionable issues of disparate treatment care. While this was the original intent of with the Federal Fair Housing Act. On the the legislature, statutory terms changed over other hand,without some regulation, cities the years; this amendment was to make are powerless to protect individuals with various statutory references consistent. disabilities from a clustering of residential programs within one neighborhood. As the Sufficient funding and oversight are needed Department of Justice has stated, while to ensure that residents living in residential density regulations are generally suspect, "if programs have appropriate care and a neighborhood came to be composed supervision, and that neighborhoods and largely of group homes, that could adversely residents of residential programs are not affect individuals with disabilities and negatively impacted by high concentrations would be inconsistent with the objective of of these types of programs. As it stands now, integrating persons with disabilities into the there is nothing preventing clustering of community." (Joint Statement of the residential programs in most cities in the Department of Justice and the Department state. Cities want to be part of the solution, of Housing and Urban Development.) and more than anything cities desire to be, and should be,partners in serving the To this end, and in upholding a state and policies of deinstitutionalization. Cities local dispersal requirement, the Eighth have an interest in, and are in the best Circuit Court of Appeals stated that the position, to preserve a balance in residential requirement was designed to ensure that neighborhoods between residential programs people with disabilities "needing residential and all other uses. Because Minnesota cities treatment will not be forced into enclaves of are committed to inclusion of all individuals, treatment facilities that would replicate and it is in the best interest of the state, care thus perpetuate the isolation resulting from providers, and those individuals served, that institutionalization."Familystyle of St. Paul, all parties include cities as partners before Inc. v. St. Paul, 923 F.2d 91, 95 (8th Cir. opening a residential program to best plan 1991). for community integration. City authority to regulate the locations of Response: Cities should maintain the residential programs is limited by state statutory authority to require agencies, as statute and the federal Fair Housing Act well as licensed and registered providers (FHA), although Minn. Stat. § 245A.11, that operate residential programs,to subd. 4, prohibits the Commissioner of notify the city before properties are 80 operated. Cities should be provided with and direct additional state resources the necessary contact information after a and the full exercise of local authority residential program is licensed or to increase development of affordable registered. Providers applying to operate rental units and access to entry-level, residential programs should be required owner-occupied housing. to contact the city to be informed of applicable local regulations. Finally, d) Support voluntary measures to licensing or registering authorities must encourage cities to adopt and carry be responsible for removing any residents out land-use plans, activities, and incapable of living in such an subdivision regulations aimed at environment, particularly if they become providing for construction and a danger to themselves or others. marketing of housing where a portion of all new units are affordable to LE-15. Inclusionary Housing lower-income households. Issue: Provisions in current state statute LE-16. Community Land Trusts (Minn. Stat. § 462.358, subd. 11) allowing cities to enter into development agreements Issue: The increasing price of land available for the inclusion of a portion of the units in for housing development,particularly for the development to be affordable for low- or retaining affordability of housing for lower- moderate-income families have been a income households, is a concern throughout source of conflict between cities and the state. Creating more permanently housing developers. affordable, owner-occupied housing depends heavily on maximizing the cost- Cities are concerned builders that view this effectiveness of taxpayer investments. The statute as a restriction on local authority to Legislature has previously appropriated adopt policies that promote availability of funding and granted the Minnesota Housing housing affordable to those who are unable Finance Agency authority to assist cities to purchase or rent housing at price points with funding community land trusts (CLTs) that the market alone provides. for affordable housing. Response: The Legislature should: Currently, Land Trust properties have a tax classification of 1.0% and property owners a) Strengthen and clarify cities' must pay property taxes based on the market authority to carry out policies that value of the property, which is assessed offer developers a range of incentives relative to neighboring properties. However, in return for including a designated because land trust properties are to remain number of affordable units in their permanently affordable, land trust owners projects. can only receive a portion of the appreciation of the value of the home when b) Identify strategies to ensure long-term a sale is made. affordability of rental and owner- occupied housing produced as a result Response: The Legislature should support of such policies and practices. continuation of the land trust capacity- building program and provide capital c) Focus state housing policy to support start-up funds so community land trusts for local assessment of housing needs can continue to offer gap financing, 81 interest rate write-downs, or to work cooperatively with the private predevelopment financing, and financial sector. The League opposes the adoption underwriting. The Legislature should also of state and federal policies that restrict support efforts by the Minnesota cities' ability to finance, construct, and Community Land Trust Coalition and operate telecommunications networks. other housing preservation stakeholders to develop property tax valuation to lower LE-18. Broadband property taxes for qualifying low-income sales-price-restricted properties enrolled Issue: High-speed Internet is essential in CLT programs including expanding 4d infrastructure needed by cities to compete in Low-Income Rental Classification a global economy. Yet many communities eligibility to include CLT properties. do not have access to broadband at affordable prices. High fixed costs, low LE-17. Telecommunications and density, and short-term return-on-investment Information Technology thresholds for private sector providers contribute to the lack of broadband across Issue: Telecommunications and information the state. Investing in universal broadband technology is essential public infrastructure access has substantial local and regional for the efficient, equitable, and affordable economic benefits for communities of all delivery of local government services to sizes. Cities and other local units of residents and businesses. government are facilitating the deployment Telecommunications includes voice, video, of broadband services to increase data, and services delivered over cable, connectivity, reliability, availability, and telephone, fiber-optic, wireless, and all other affordability for residents, schools and platforms. businesses through a variety of models, including municipal broadband and public- Response: The League of Minnesota private partnerships. However, attempts Cities supports a balanced approach to have been made to restrict cities from telecommunications policy that allows providing telecommunications services, new technologies to flourish while particularly in unserved or underserved preserving local regulatory authority. areas. Past court cases have overturned Regulations and oversight of interpretation by the Federal telecommunications services are Communications Commission(FCC) that important prerogatives for local states may not limit the extension of government to advance and balance municipal broadband services from one city community interests, including ensuring to another. public safety, ensuring equitable access, maintaining high quality basic services Due to the high costs of broadband that meet local needs, spurring economic infrastructure, the state has expanded its role development, and providing affordable to identify and formulate tools to expand rates to all consumers. Policies should broadband access. The Office of Broadband strengthen and not diminish local Development within the Department of authority to manage public rights-of-way Employment and Economic Development including public and private (DEED) created in 2013 formally infrastructure, to zone,to collect established a partnership between the state reimbursement of costs and reasonable and local communities to deploy high-speed compensation for the use of public assets, Internet in unserved and underserved areas. 82 The Office supports broadband expansion Way Management policy to cost- through broadband mapping and managing effectively expand broadband service the state's broadband grant program. access; Additional state action occurred during the 2016 legislative session when the legislature c) Support measures to authorize and reestablished state speed and adoption goals encourage cities and other local units under Minn. Stat. § 237.012. In addition to of government to play a direct role in the state's focus on extending broadband to providing broadband infrastructure unserved areas, Minnesota must also be on and/or services; the cutting edge for next-generation broadband investments. It is also critical that d) Remove barriers to the exercise of the state maintain funding for broadband local authority to provide such infrastructure deployment as a priority to services, including repeal of Minn. address the state's statutory speed goals and Stat. § 237.19, that requires a not become dependent on federal funding. supermajority voter approval for the provision of local phone service by a The COVID-19 pandemic laid bare the local unit of government; critical importance of reliable access to broadband internet both for governments e) Offer incentives to private sector that had to quickly adjust to provide services service providers to respond to local online while Minnesotans were forced to or regional needs and to collaborate learn, work, and receive healthcare online. with cities and other public entities to While certain populations in Minnesota deploy broadband infrastructure were well prepared to make the adjustment capable of delivering sufficient to receive services, work, and learn online, bandwidth and capacity to meet many were not due to the digital divide that immediate and future local needs; remains. f) Adopt policies which seek to position Response: To promote economic Minnesota as a state of choice for development, education and achieve state testing next-generation broadband broadband goals, the Legislature, technologies; Governor's office, and state agencies should: g) Affirm that cities have the authority to partner with private entities to finance a) Identify and implement actions for the broadband infrastructure using city state to reach and maintain a position bonding authority; in the top five states for broadband speed that is universally accessible to h) Remove barriers that limit the ability residents and businesses; for the state to deploy Border-to- Border Broadband grant funds in b) Make significant investments to the areas that may be served by existing Border-to-Border Broadband Grant or future federal broadband programs Program and continue to encourage and those that restrict anti- public/private sector collaboration competitive practices, and prevent including options that use technologies predatory action that prevent or such as wireless while remaining impede cities, municipal utilities, consistent with the League's Right-of- schools, libraries, and other public 83 sector entities from collaborating and Congress and the Federal deploying broadband infrastructure Communications Commission to and services at the local and regional structure federal broadband grant level; programs to work in conjunction with the state's Border-to-Border Broadband i) Continuously update and verify grant program and not prohibit state comprehensive statewide street-level funding in areas that receive federal mapping of broadband services to broadband assistance if those areas could identify underserved areas and also benefit from state funding. connectivity issues. LE-19. Competitive Cable j) Discuss how well the FCC and state Franchising Authority broadband maps document actual broadband coverage across Minnesota Issue: Despite claims made by some in the including wireless options. These cable industry, studies and evidence to date maps are used by funders to do not support that state franchising is the determine grant program eligibility solution for competition, lower consumer making overstatement of available rates, and improved customer service. services highly consequential with Unlike the exercise of local franchising negative impacts for rural places; authority, state franchising models frequently make no provision for staffing at k) Recognize the crucial role of local the state level or for effective resolution of government in the work of the consumer complaints. Governor's Broadband Task Force and fund the Office of Broadband Cable service provided by a cable Development (OBD) through the base communications system that uses budget at levels sufficient for it to infrastructure located in the public right-of- meet its statutory mandates; way to transmit video signals remains I) Support the creation of an OBD subject to local franchising authority. operating fund to advance and Maintaining local franchising most promote programs and projects that effectively creates and preserves agreements improve broadband adoption, hold that guarantee broad access to services internet service providers receiving throughout the community, ensuring there is no digital divide for access to available funding accountable, achieve additional services such as access to IP significantly higher broadband voice and high-speed Internet via speeds, and support efforts to improve infrastructure that also delivers video digital inclusion by ensuring that programming services. robust, sustainable, and affordable internet connectivity is widely Response: State policy should maintain available to all Minnesotans. local cable franchise authority and oversight of the public rights-of-way, as On the federal level, the League urges well as ensure franchise agreements Congress to adopt laws restoring the reflect new technology, and are ability of municipalities to extend beyond reasonably tailored to the technical and their borders to serve unserved and operational differences among providers underserved areas. The League also urges and communities. Independent studies 84 clearly demonstrate that statewide technologies that are equivalent to franchising does not increase direct that of local broadcast stations; competition to incumbent cable franchisees. And it subsequently has not d) Ensuring continued cost-effective local lowered rates and does not improve government access to capacity on customer service. institutional networks (I-Nets) provided by local cable system The Legislature, Federal operators for public safety Communications Commission (FCC), communications, libraries, schools, and Congress should also continue to and other public institutions to use recognize, support and maintain the state-of-the-art network applications; exercise of local franchising authority to and encourage increased competition between incumbent cable system operators and e) Strengthening local authority to new wireline competitive video service enforce customer service standards providers including: and transparency in pricing. a) Maintaining provisions in Minn. Stat. LE-20. Public Right-of-Way Ch. 238 that establish and uphold Management local franchising authority, including the authority to receive a franchise fee Issue: Cities hold local rights-of-way in based on gross revenues irrespective trust for the public as an increasingly scarce of any in-kind contributions; and valuable asset. As demand increases for use of public rights-of-way (PROW), cities b) Refraining from adopting any FCC must coordinate the use of this resource rule changes that would further among competing uses and to manage the restrict existing local authority to use of the PROW for delivery of essential charge for and control access to public municipal utility services. Cities continue to rights-of-way by all video and cable experience increased demand for space in service providers; the PROW including the siting of underground wired and overhead wireless c) Maintaining local authority to charge facilities and sites for wireless fees on providers to ensure the communications. Additionally, technology provision of public, educational, located in the public right-of-way will governmental(PEG) programming, continue to support the increase of new and interactive technologies to require modes of mobility and delivery methods the provision of video channels and including Connected Autonomous Vehicles video streaming for PEG (CAV) that may also operate in the public programming with video and audio right-of-way. While local management quality/channel location equivalent to responsibilities vary and are site specific, the that of the local broadcast stations, increased demand for utilizing space in the and ensuring programming is public right-of way underscores the accessible and searchable by all necessity for maintaining local authority. residents of the local authority through detailed Electronic Minnesota's Telecommunications Right-of- Programming Guide listings and Way User Law was amended during the other navigation and distribution 2017 Session with legislation creating a 85 separate permitting system for placement of from service providers for managing small wireless facilities on city-owned use of public rights-of-way; structures in the public right-of-way. The change in law clarified that wireless d) Maintain city authority to franchise providers are telecommunications right-of- gas, electric, open video systems and way users and maintained cities'right-of- cable services, and expand city ability way management authority,but limitations to collect compensation for other were imposed on cities' compensation services utilizing the PROW including through rent and timelines for processing but not limited to telecommunications small wireless facilities permits. and broadband services, and all other wireline programming platforms and Response: Minn. Stat. § 237.162-.163 services to support maintenance and worked well for many years,but management of the traveled portion of Minnesota was a part of a nationwide the PROW and other public services effort by wireless providers to pass laws of importance to communities; providing them with easier access to public rights-of-way and city-owned e) Encourage a collaborative process infrastructure. While Minnesota's law with stakeholders,including cities, to maintains more local control than those determine any revised standards if passed in many other states, the League of needed; Minnesota Cities opposes efforts to further restrict local government f) Recognize that as rights-of-way authority over the public right-of-way. become more crowded, the costs of Furthermore, the Federal disrupting critical infrastructure Communications Commission is become evident and the exercise of undergoing review of local authority to manage competing Telecommunications Act rules and demands and ensure public safety in policies related to local government the PROWs becomes increasingly regulatory authority. State and federal important; policymakers and regulators should: g) Ensure the removal of abandoned a) Uphold local authority to manage and equipment and accompanying support protect public rights-of-way, including structures by the service providers reasonable zoning and subdivision from the public right-of-way; regulation, reasonable regulations of structures in the public right-of-way, h) Maintain the courts as the primary and the exercise of local police forum for resolving disputes over the powers; exercise of such authority; and b) Recognize that cities have a i) Maintain existing local authority to paramount role in developing, review and approve or deny plans for locating, siting, and enforcing utility installation or relocation of additional construction and safety standards; wires or cables on in-place utility poles. In the alternative, cities should c) Support local authority to require have broader authority to require the reimbursement and compensation underground placement of new and/or existing services at the cost of the 86 utility or telecommunications LE-22. County Economic provider. Development Authorities j) Support the collaboration with local Issue: The 2005 Legislature authorized all units of government as the state counties outside the metropolitan area to explores efforts to expand establish county economic development infrastructure in the public right-of- authorities (EDAs). Minn. Stat. § 469.1082 way to provide for increased provides specificity on certain process and connectivity for Connected limitations issues, including the ability of Autonomous Vehicles (CAV). cities to prohibit the county EDA from operating within the city as well as within an LE-21. Wireless Infrastructure and agreed-upon urban service area or within a Equipment Siting distance approved during the formation of the county EDA. County EDA activity in Issue: Demand for wireless communication areas surrounding cities will directly impact service has increased requests by private and the adjacent city in terms of service public sector providers to site additional provision and taxes. towers, antennas, small cells and other facilities in cities. It is anticipated that Response: The Legislature should require applications to install small cell wireless city approval for proposed county EDA facilities and distributed antenna systems activities within two miles of a city. (DAS)will continue to grow as technology evolves over time. Despite changes made to LE-23. Local Appropriations to Minn. Stat. § 237.163 that created a special Economic Development process for the siting of small wireless Organizations facilities, maintaining cities' local zoning authority and police power to manage and Issue: Cities and towns are allowed to coordinate the siting of these facilities appropriate up to $50,000 per year from continue is necessary and appropriate. general fund revenue to an incorporated development society or organization for Response: Cities must continue to exercise "promoting, advertising, improving, or full authority to consider public health, developing the economic and agricultural safety, and welfare concerns in „ responding to requests to site, upgrade or resources of the city or town. The $50,000 cap has been in place since 1989 and places alter wireless facilities. The Legislature, , Federal Communications Commission unnecessary restrictions on a city's ability to (FCC), and Congress should not place work with non-profit development further restrictions on city authority to corporations. Local governments should manage the siting of wireless facilities in have the flexibility to work with outside the public right-of-way nor enact organizations if local elected officials compensation restrictions that would believe it is in the best interest of their result in local government subsidization communities to do so. Such appropriations of wireless providers. Furthermore, cities are subject to the same budgetary oversight must have recourse to require removal by as other government expenditures, and local the provider of equipment deemed elected officials are ultimately responsible to abandoned. the voters for how local tax dollars are spent. 87 Response: The Legislature should amend the Department of Employment and Minn. Stat. § 469.191 to eliminate or Economic Development,the increase the cap on appropriations to Department of Human Services, and incorporated development societies or the various education agencies; organizations. b) Provide additional flexible funding to LE-24. Workforce Readiness local workforce councils, including governments and educational Issue: It is critical for the future of our facilities, for the purpose of upgrading economy to prepare for new demographic the skills and productivity of the trends. While population rates among workforce, and pursue additional communities of color are projected to creative programming and funding to increase, the unemployment rate for prepare and place underemployed communities of color exceed the and unemployed Minnesotans, as well unemployment rate for white Minnesotans. as address the issue of those phasing For example, data from the Bureau of Labor out of the workplace and retiring; Statistics (BLS) indicate that black unemployment rates are consistently two to c) Provide additional funding for three times higher than the unemployment programs specifically designed to rates of white Minnesotans and studies address youth employment such as indicate that hiring bias is a substantial career and workforce readiness factor for this disparity in unemployment programs, and employment rates. In addition, while early work disparities; and experience is a leading predictor of future success in a workplace, recent statistics from d) Continue to support cities that BLS show that the youth unemployment rate provide workforce programs that are for 16-19 year olds is three times that of the coordinated with and complement unemployment rate for the state as a whole. state and regional efforts by seeking municipal approval before making Incumbent worker training and education any changes to those service areas. must be an important component of Minnesota's efforts to improve workforce LE-25. Business Development readiness. By making firms and employees Programs more competitive, incumbent worker training can increase wages, increase Issue: Programs such as the Minnesota employment opportunities, fill skilled Investment Fund(MIF), the Job Creation worker gaps, and keep jobs and employers Fund(JCF), the Redevelopment Program, in their communities. The Minnesota Job and contaminated site clean-up grants Skills Partnership is one proven tool that provide funding opportunities for provides training to thousands of incumbent communities and businesses to develop their workers each year. local and regional economies. These well- utilized programs create infrastructure, Response: The Legislature should: revitalize property, and help businesses generate and expand jobs. Cities are key a) Fully fund the Minnesota Job Skills facilitators in the implementation of Partnership and other workforce economic development strategies through training programs administered by land use and other policies. 88 Response: The League of Minnesota property tax base, provide jobs and housing Cities supports continued and sustainable opportunities, and preserve historic funding for the Minnesota Investment structures. Land remediation activities are Fund and the Job Creation Fund to assist particularly costly because significant local communities and businesses in remediation must occur before private-sector creating, growing, and retaining jobs. interest can be generated. Exacerbating this situation, the land remediation programs DEED should solicit input from cities administered by the Department of about how best to implement the Fund Employment and Economic Development and make adjustments to the (DEED) and the Metropolitan Council administration of the program as programs continue to be underfunded. necessary. The League supports Department of Employment and Response: In recognition of the unique Economic Development (DEED) studying needs of land remediation projects and making recommendations on statewide,the Legislature should increase methods to improve the geographic funding for the statewide redevelopment balance of recipients,by allowing the use account. The League of Minnesota Cities of additional evaluation criteria beyond would also support the creation of a land the current job creation goal such as assembly grant or loan program to assist providing higher-wage jobs or achieving cities and economic development racial equity policy goals. that would authorities assemble small parcels for allow all regions of the state to better redevelopment. The League supports prosper. competitive programs administered by DEED with that distribute the funds LE-26. Remediation and equitably between greater Minnesota and Redevelopment the metro area. The Legislature should continue its support and increase funding Issue: Communities across Minnesota are levels for state and regional programs to faced with expensive barriers to re-using assist in contamination cleanup and property. These roadblocks include brownfields remediation efforts. deteriorating, obsolete, and vacant structures, and contaminated land. The State should recognize that the rehabilitation of land due to obsolescence Larger scale redevelopment projects often or incompatible land uses is a component require the purchase and assembly of of redevelopment. The Legislature should multiple, smaller parcels of land that are not amend the definition of redevelopment suitable for development on their own. district in Minn. Stat. § 469.174, subd. 10, Cities and development authorities may to include the obsolescence and need to purchase land over a period of years incompatible land uses included in a and hold them for later development, renewal and renovation district (Minn. reducing the effectiveness of traditional Stat. § 469.174, subd. l0a), thereby financing tools that require immediate providing cities with more flexible tools to development. address land remediation and redevelopment. Such barriers pose significant problems for cities seeking to re-use existing The Legislature should also revive a infrastructure, maintain and improve program similar to "This Old Shop" 89 (Minn. Stat. § 273.11, subd. 19),which LE-28. Tax Increment Financing would allow cities greater flexibility in (TIF) targeting commercial development and redevelopment. The Legislature should Issue: TIF is the most important tool consider enacting authority that would available to fund community development provide a tax deferral on improvements and redevelopment efforts. Over time, the to commercial buildings, including those TIF law has become increasingly complex located in designated rehabilitation or as the Legislature seeks to provide cities historic preservation districts. The with the resources to grow the state's program's age limit qualifications under economy while maintaining limits on the use Minn. Stat § 273.11, subd. 19, should be of property taxes. Cities need greater modified to include properties that are at flexibility to use TIF for community and least 30 years old. economic development that support a city's residents and businesses. Further The League is supportive of recent restrictions of TIF would render the tool less extensions to the Minnesota Historic effective and will hinder local efforts to Structure Tax Credit in Minn. Stat. § support job creation, housing, 116J.8737,which provides a 20 percent redevelopment and remediation. tax rebate for rehabilitation of qualified historic buildings. However, the The need for flexibility has been accentuated Legislature should eliminate the sunset due to the pandemic economic downturn provision of the tax credit to provide which has dramatically slowed existing certainty to cities and their project projects that must continue to comply with developer partners to proceed with statutory timelines. Many projects will have historic redevelopment projects that are difficulty meeting time-line requirements complex and time consuming. such as the five-year rule without special legislation authorization. LE-27. Development Authority Levy Limits Further restrictions of TIF would render the tool less effective and will hinder local Issue:Under Minn. Stat. § 469.107, § efforts to support job creation, housing, 469.033, and § 469.053, Economic redevelopment and remediation. Development Authorities (EDAs), Housing and Redevelopment Authorities (HRAs) and Response: The Legislature should not port authority levies for economic enact future TIF law restrictions, rather development activities are capped. These the Legislature should: limits can hinder the planning of future development. a) Amend Minn. Stat. § 469.1763, subd. 4,to clarify that tax increment pooling Response: The Legislature should limitations are calculated on a increase or repeal levy limits or increase cumulative basis. the levying authority for EDA, HRA, and port authority activities in Minn. Stat. ch. b) Modify Minn. Stat. § 469.174, subd. 469. 10,to allow a redevelopment district to be established where only 50 percent of the buildings are required to be structurally substandard to a 90 degree requiring substantial modifications to increase their renovation or clearance. effectiveness; c) Clarify that expenditures for the k) Discourage any statutory mechanisms necessary maintenance of properties that directly or indirectly decrease the within TIF districts are an allowable impact of city redevelopment and use of tax increment under Minn. Stat. economic development projects; § 469.176, subd. 4; 1) Simplify the substandard building test d) Allow term extensions for to resolve ambiguities and reduce the redevelopment districts which are continued threats of litigation; taking longer to develop; m) Create an exception to the interfund e) Amend Minn. Stat. § 469.1763, subd. loan resolution requirement in Minn. 3, to eliminate the "Five-year Rule" Stat. § 469.178, subd. 7, to authorize for districts that are taking longer to the development authority to delegate develop; to a staff person the ability to set the terms and conditions of an interfund f) Amend Minn. Stat. § 469.174, subd. loan. 25, to provide time limits on the "deemed increment" created by land n) Amend the definition of sales,leases and loans, and allow redevelopment district under the TIF authorities greater flexibility in the Act to include the obsolescence and use of lease revenues to fund ongoing incompatible land uses included in a operations; renewal and renovation district, thereby providing cities with more g) Expand the use of TIF to assist in the flexible tools to address land development of technological remediation and redevelopment. infrastructure and products, biotechnology, research, multi-modal o) Amend Minn. Stat. § 469.1763 subd. 2 transportation and transit-oriented to provide development authorities development, restoration of greater flexibility to address local designated historic structures, non- housing needs by removing section 42 retail commercial projects, and non- requirement for housing projects wetland areas where unstable/non- outside the district. buildable soils exist; LE-29. Property Tax Abatement h) Increase the ability of TIF to facilitate Authority redevelopment and housing activities; Issue: In an effort to increase the number of i) Modify the housing district income development tools available, the 1997 qualification level requirements to Legislature authorized local units of allow the levels to vary according to government to grant property tax individual communities; abatements. Although tax increment j) Encourage compact development and financing (TIF) continues to be the primary consider reauthorization of compact financing mechanism for local development development TIF districts with projects, tax abatements provide cities with 91 an important, additional economic b) Develop a state fund to facilitate state development tool. Recognizing the need for participation in abatement projects by municipal development tools, the 2008 allowing the state property tax to be Legislature expanded the abatement abated; authority by converting the limit on abatements from ten percent of the current c) Increase funding caps under Minn. tax levy to ten percent of net tax capacity. Stat. § 469.1813, subd. 8 and duration In order to provide maximum benefits and limits under Minn. Stat. § 469.1813, recognize local decision-making, tax subd. 6; and abatements should have less restrictive funding caps, financing terms, and d) Amend Minn. Stat. § 469.1813, subd. authorized uses. 5,to create a streamlined notice and hearing requirement for multi- The tax abatement law requires that a jurisdictional tax abatement projects. political subdivision may only approve an abatement after holding a public meeting LE-30. Opportunity Zones with a minimum of 10 days published public notice. When more than one political Issue: The Opportunity Zones program subdivision abates property taxes for a was established by Congress in the Tax Cuts development project,there must be separate and Jobs Act of 2017 to encourage long- notices and hearings for each subdivision. term investments in low-income urban and This requirement can be particularly rural communities nationwide. The burdensome for programs designed to Opportunity Zones program provides a tax develop multiple properties over an incentive for investors to re-invest their extended period of time. If one political unrealized capital gains into Opportunity subdivision could be designated as the lead Funds that are dedicated to investing into entity for purposes of the notice and hearing Opportunity Zones as designated by the requirements, such projects could be made chief executives of every state and territory more efficient without sacrificing public in the United States. The tax incentive is transparency. available for up to ten years. Property tax abatements should not be As the chief executive of the state of considered a replacement for TIF. Minnesota, Governor Mark Dayton designated 128 census tracts across the state Response: In light of current economic as Opportunity Zones, but beyond the conditions existing property tax responsibility for this designation the state abatement authority should be does not have an additional role in the strengthened. The Legislature should: implementation of the Act. The United States Treasury released rules on April 17, a) Expand the abatement authority to 2019 which provide guidance and allow abatement revenues to be used clarification for investors and fund for economic development activities managers. In some communities, the Act has such as workforce readiness and served as a useful tool in spurring assistance programs, and technology development in low-income communities infrastructure improvements; and could help with business development and jobs; there are also questions about what impact the Act will have on the residents 92 that live and businesses that operate, in these resources to stimulate investment in communities today. For example, while Opportunity Zones and adopt policies development may have positive impacts that ensure that local residents, workers such as increasing tax base or job and businesses benefit from the opportunities, robust development could investments. have unintended consequences such as displacement of current residents and LE-31. Revisions to the OSA Audit businesses. While the program provides Function investors with several benefits including the deferment of capital gains owed until 2026, Issue: Pursuant to Minn. Stat. § 469.1771, key tax incentives have begun to wane as we the Office of the State Auditor(OSA) is get closer to 2027 and investor attention has responsible for tax increment financing shifted to focusing on executing projects that (TIF) oversight. As part of its review of TIF have already received investment. districts, the OSA identifies alleged violations of the TIF laws and issues Response: The League of Minnesota noncompliance notices to TIF authorities. In Cities urges the federal government to recent years, a number of cities have seek regular input from communities that received letters of inquiry from the OSA that are designated as Opportunity Zones raise questions about practices long accepted regarding how the tool is being used, by the OSA or limit statutory definitions that whether the tool is encouraging new have not been amended by the legislature for development opportunities, and how over a decade. The audit power in Minn. community members who live in the Stat. § 469.1771 is necessary to ensure that Zones are impacted, such as through a individual cities comply with the TIF local advisory board made up of statutes but is not effective in clarifying the residents,businesses, and other legislative intent of the TIF statutes. stakeholders located in the designated census tracts. The Federal Government In addition, the TIF statute requires that should seek input from local communities authorities respond to noncompliance throughout the implementation of the notices within 60-days of receiving the rules and regulations and consider notification. There is no deadline for the necessary amendments and adjustments OSA to respond, and authorities often do not as needed in response to potential receive timely responses on the matter from questions or concerns raised by the the OSA. Government agencies typically communities whose residents,workers, have response-time deadlines, and it is and businesses will be experiencing the appropriate for the OSA to respond by a changes that ensue in the Zones. time certain to provide finality to the audit Additionally, limitations that may have process. Any final disposition notice must led to lack of engagement from be clear about the final disposition of the communities and investors in the matter. Qualified Opportunity Zones should be addressed by the federal government if Finally, the statutory audit enforcement the program is to be reauthorized beyond process does not create an environment 2027. where these policy questions can be fairly and sufficiently resolved. County attorneys The State of Minnesota should continue lack the resources to prioritize TIF disputes to utilize community development and lack the subject matter expertise needed 93 to analyze the merits of the OSA's audit state for alleged violations of the TIF laws. findings. This results in excessive deference This authority extends retroactively to the granted to the OSA's original audit findings. inception of the district. Accordingly, TIF Faced with the potential loss of increment, authorities can receive noncompliance payment of attorney fees, and small notices for alleged violations that occurred likelihood of success on the merits, cities 20 or more years ago. Often, staff and often acquiesce to the OSA to save time and record-keeping procedures have changed, money. and TIF authorities find it difficult to reconstruct the past in order to identify and Response: The League of Minnesota remedy these situations. Similarly, the OSA Cities believes there should be a more claims the authority, based on the state's defined process to establish rules or records retention schedule, to audit TIF guidelines for TIF authorities with districts for up to 10 years after adequate input from local government decertification, which requires cities to officials and public finance professionals expend staff resources to maintain files and prior to their adoption. a working knowledge of old districts for an unreasonable period of time. In the event that the OSA determines to issue a final noncompliance notice to a Response:A reasonable timeframe within TIF authority,the Legislature should which alleged violations are identified require the OSA to issue the notice within should be established. The Legislature 60 days of receiving the authority's should reasonably restrict the OSA's response. Any final noncompliance notice ability to issue noncompliance notices to should contain the OSA's final position the six-year period prior to the notice's on the matter,the date upon which it issuance date. The Legislature should also forwarded the matter to the county require the OSA to conduct any audits on attorney, and the next steps that are decertified districts within one year of required to be taken according to state decertification. law. Upon expiration of the 60-day period,the authority should be deemed to LE-33. Workforce Housing be in compliance with the TIF laws if no final noncompliance notice is received. Issue: Job creation is one of the fundamental goals of economic In order to ensure a fair process to development. When employers create new resolve disputes over TIF findings of the jobs through expansion or relocation there OSA, the Legislature should consider must be sufficient housing in the host whether the authority to resolve such community for the new workers and their disputes should be shifted from county families to live. In rural communities, a lack attorneys to the Office of Administrative of housing stock for new workers can Hearings. prevent a planned expansion or relocation, hampering job growth and economic LE-32. OSA Time Limitations development. The economics of building a housing development in greater Minnesota Issue: The Office of the State Auditor communities makes private development (OSA) has the authority to issue difficult, and workers with higher paying noncompliance notices for every existing tax jobs do not qualify for traditional affordable increment financing (TIF) district in the housing. This housing gap can bring 94 development and job growth in a community government entity on housing projects. to a halt. Minn. Stat. § 469.175, subd. 2, currently requires cities to provide the county auditor In 2014, at the urging of cities through and clerk of the school board with the Minnesota, the Legislature created a proposed TIF plan and an estimate of the workforce housing pilot program for three fiscal and economic implications of the cities in Roseau and Pennington Counties. In proposed TIF district at least 30 days before 2015 the Legislature passed League- the public hearing required by Minn. Stat. § sponsored legislation that created the 469.175, subd. 3. The county auditor and workforce housing development program school board shall provide copies of these and appropriated $4 million to the TIF plan materials to members of their Department of Employment and Economic boards. These current requirements provide Development(DEED) to administer the sufficient notice to taxpayers and other program. Once grant awards from DEED government entities about proposed TIF were made,prevailing wage requirements, districts. construction costs, and land prices have shown to lessen the effectiveness of creating The 2021 legislature approved the more workforce housing units. It is Minnesota Housing Tax Credit, which important to ensure the appropriate allows taxpayers with a state tax liability to resources and process exist for the receive an 85 percent tax credit for Department of Labor and Industry(DLI)to contributions between $1,000 and$2 determine representative and accurate million. Contributions can be directed to a prevailing wage amounts in different areas specific qualified housing project or the across the state. Minnesota housing tax credit contribution account administered by the Minnesota The 2017 Legislature approved funding for Housing Finance Agency. the Workforce Housing Grant Program at$2 million each year. The program was moved Response: The League of Minnesota from DEED to be administered by MN Cities supports additional tools for local Housing Finance Agency(MHFA) in Minn. communities to develop workforce Stat. § 469A.39 with a change in housing: qualifications that gives preference to cities under 30,000 population(rather than 18,000 a) MHFA should solicit input from local previously). communities to ensure that the goals of the Workforce Housing Grant The 2017 Legislature also approved a new program are met, and MHFA should use of TIF authority for workforce housing award funds to eligible projects as (Minn. Stat. §§ 469.174-176). In addition to quickly and efficiently as possible; requirements under Minn. Stat. § 469.175, subd. 3, county and school boards must b) The Legislature should increase approve the TIF plan before it is enacted and funding to the Housing and Job the authority sunsets in 2027. These Growth Initiative to aid housing in additional requirements specific to support of job growth and amend workforce housing TIF districts put Minn. Stat. § 462A.33 to eliminate or additional barriers on workforce housing increase the maximum income levels development and does not fully recognize for participation in the program; and the role of cities as the typical lead 95 c) The Minnesota Housing Finance LE-34. Development Along Transit Agency should make administrative Corridors changes to the Housing Challenge Grant program to streamline the Issue: While the establishment of transit application process, reduce the per- lines and corridors provide the impetus for unit cost of constructing affordable economic development, there are limits to housing, and increase the construction existing development tools that hinder full of affordable rental units at 80% of development of transit corridors. For median income and owner-occupied example, acquisition of land outside of the units at 115% of median income, as line but within the corridor can be difficult, currently allowed by state and federal and current tools are not well-suited for the law; and creation of public spaces, enhancement of infrastructure, and investments such as d) The Legislature should provide stable parking ramps that are necessary and ongoing funding for the components of a transit-oriented Minnesota Housing Tax Credit and development plan. modify the program parameters to encourage its use for the development In 2008 the Department of Employment and of market rate workforce housing in Economic Development(DEED) was communities where market rate authorized to establish Transit Improvement production is not occurring. Areas,which should complement long-term transportation planning initiatives such as e) The Legislature should scale the MAP-21 and Minnesota GO. Transit workforce housing grant program to Improvement Areas include parcels of land account for the additional cost that are located in part within one-half mile associated with the prevailing wage of a transit station. A transit station is requirements. defined as a physical structure or designated 0 The Legislature should eliminate the area which supports the interconnection of provision in Minn. Stat. § 469.175, various transportation modes, including light subd. 3, that requires the county rail, commuter rail and bus rapid transit, and board and school board to approve a which promotes and achieves the loading, workforce housing TIF plan before it discharging and transporting of people. The is enacted and the Legislature should commissioner of DEED may designate a also eliminate the sunset of the Transit Improvement Area if it will increase workforce housing TIF authority. the effectiveness of a mass transit project by incorporating one or more modes of public g) The Legislature should add language transportation with commercial and housing in statute to allow local units of development, as well as providing a clean government to engage in the and pleasant place for pedestrian use. DEED construction of market rate workforce has designated over 50 Transit Improvement housing in addition to existing Areas; all but two are located in the seven- language that allows cities to directly county metropolitan area. Although the invest in income qualified affordable language passed and was signed into law by housing projects. the governor(Minn. Stat. § 469.35), there was no funding put into place to implement the new program. 96 Response: The League of Minnesota value or"benefit" from the project. In Cities urges the Legislature to increase practice, however, proof of increased the ability of traditional economic property value to this degree of benefit can development tools,including tax rarely be proven from regular repair or increment financing,tax abatement, and replacement of existing infrastructure such special service districts,to address the as streets or sidewalks. Alternatives to the needs of transit-oriented development. Minn. Stat. ch. 429 methods for financing The League encourages the Legislature to infrastructure improvements are nearly appropriate bonding and general fund nonexistent. dollars for revolving loans and grants to fund the TIA program. Additionally,the The Legislature has given cities the Legislature should consider adding park authority to operate utilities for waterworks, and ride facilities to the list of qualifying sanitary sewers, and storm sewers. The transportation modes, as defined in Minn. storm sewer authority, established in 1983, Stat. § 469.351. Because the majority of set the precedent for a workable process of the DEED-designated Transit charging a use fee on a utility bill for a city Improvement Areas are currently located service infrastructure that is of value to in the seven-county metropolitan area, everyone in a city. Similar to the storm increased funding for this program will sewer authority, a transportation or sidewalk not be balanced between greater utility would use technical, well-founded Minnesota and the metro area.Additional measurements and would equitably funding for this program should not distribute the costs of local infrastructure change the overall balance of state services. funding between greater Minnesota and the seven-county metropolitan area. Response: The Legislature should authorize cities to create, as a local LE-35. Public Infrastructure option, additional utilities such as a Utilities transportation or sidewalk utility,that ensure funding for the maintenance of Issue: Successful economic development these public amenities.Additionally, efforts and community stability are whether established as a new chapter of dependent upon a city's ability to make law or added to the list of service charges infrastructure investments. Current in Minn. Stat. § 429.101, cities should be infrastructure funding options available to able to impose service charges against cities are inadequate and unsustainable. property to ensure the maintenance and Funding pressures have been exacerbated by safety of the right of way for all levy limits,unallotment and reductions in Minnesotans without having to prove an the local government aid and market value increase in fair market value or having to homestead credit programs. The existing determine whether those contributing to special assessment law, Minn. Stat. ch. 429, the utility fund are taxable or tax-exempt. does not meet cities' financing needs Such authority would acknowledge the because of the special benefit requirement. effects of repeated levy limits and the The law also requires a bond election unless general funding shift from the state to a minimum of 20 percent of such a project local governments for building and can be specially assessed against affected maintaining necessary infrastructure; the properties due to the increase in fair market benefits to all taxpayers of a properly maintained public infrastructure; and the 97 limitations of existing special assessment increased for inflation in a given authority. amount of time. LE-36. Adequate Funding for g) Increases in vehicle registration taxes Transportation (tab fees). Issue: A well-coordinated state h) Trunk highway bonding provided the transportation policy utilizing all modes of Legislature implements reasonable transportation in moving passengers and restrictions on the amount of debt freight will enhance the state economic service the state will incur, and development of new and expanding business provided the Legislature appropriates as well as foster additional tourism funding to assist with local costs opportunities. related to projects funded with trunk highway bonds. Response: More resources must be dedicated to all components of the state's i) General obligation bonding for local transportation system, and local units of roads and bridges,particularly for government must have access to resources routes of regional significance. and funding tools to meet growing needs. The League of Minnesota Cities supports: j) A sales tax increase dedicated to transportation. a) Development of a comprehensive state k) Funding to assist cities burdened by transportation policy which provides an environment where all modes of cost participation responsibilities transportation (motor, rail, air, water imposed�by improvement projects on and pipeline) complement each other the state s principal arterial system in moving passengers and freight and on the county state aid highway within the state. (CSAH) system. b) A dedicated and sustainable state 1) Funding for transportation revenue source for non-municipal components of economic development state aid city streets. and redevelopment projects. c) The Statewide Transportation Plan m) Full funding for all components of 2009-2028 developed by the Minnesota state highway projects, including Department of Transportation related stormwater management systems, through state sources. (MnDOT). d) MVST distribution of 60 percent for n) Establishment of a "Mainstreets roads and bridges and 40 percent for Fund" to assist cities with non- transit. transportation related components of trunk highway projects such as utility e) A permanent increase in the gas tax. upgrades and improvements that contribute to economic development. f) Indexing of the gas tax, provided there is a limit on how much the tax can be o) Funding to build roads to standards that can accommodate the year-round transport of heavy loads. 98 p) A sales tax exemption for materials government, or that city should be purchased for state and local road, compensated with a direct payment. bridge, sidewalk,trail and transit Direct funding should be provided for construction projects. smaller cities that are not provided with turnback financing through the q) Authority for cities to impose municipal state aid system. development impact fees for transportation infrastructure. LE-38. MnDOT Rights-of-Way r) Local funding options that would Maintenance allow cities to raise revenues for Issue: Maintenance of property, including roads, bridges, sidewalks, trails, and government property and facilities, is transit. important to public safety and to the image s) Expanded use of alternative revenue of Minnesota cities. Cities are acutely aware sources such as MnPASS and other of the responsibility they have for enforcing tolling mechanisms for funding of property maintenance codes pertaining to maintenance and construction (where grass mowing, noxious weed abatement,the feasibility studies indicate the placement of trash in yards and fence program is appropriate). maintenance. Minnesota has many miles of highways that LE-37. Turnbacks of County and run through cities. In recent years, the State Roads Minnesota Department of Transportation (MnDOT) has cut a substantial percentage Issue: As road funding becomes of its rights-of-way management staff The increasingly inadequate, more roads are cuts have resulted in reduced maintenance being "turned back"to cities from counties along some corridors and on parcels and the state. acquired by MnDOT for transportation Response: Turnbacks should not occur purposes. Specifically, MnDOT has reduced the frequency of mowing, litter collection, without direct funding or transfer of a noxious weed abatement, graffiti abatement funding source. A process of negotiation and repair of fences and guard rails. This and mediation should govern the timing, maintenance reduction has created public funding, and condition of turned-back safety concerns,undermined efforts to keep roads.Agreements should be negotiated corridors attractive and presented challenges and finalized before work on a project for communities working to promote requiring a turnback begins. City economic development. taxpayers should receive the same treatment as township taxpayers. The Response: MnDOT must maintain state requirement for a public hearing, rights-of-way and parcels acquired by standards about the conditions of MnDOT for transportation purposes turnbacks, and temporary maintenance located within city limits in a manner funding should also apply to county consistent with local ordinances turnbacks to cities. At a minimum, roads governing the upkeep of private property that are proposed to be turned back to a when requested by the city.Alternatively, city government should be brought up to MnDOT should reimburse Minnesota the standards of the receiving cities for the labor, supplies, and 99 equipment necessary to maintain state spending enough on roadway capital rights-of-way to meet city standards improvements to maintain a 50-year and/or minimize public safety hazards. lifecycle. For every one dollar spent on The Legislature must provide MnDOT maintenance, a road authority--and therefore with adequate funds to maintain state taxpayers--save seven dollars in repairs. rights-of-way. According to a report released in late 2012 by the governor's Transportation Finance LE-39. Funding for Non-Municipal Advisory Committee, cities collectively State Aid City Streets need an additional $400 million per year to bring city streets up to an economically Issue: Minnesota has over 141,000 miles of competitive standard. roadway, and more than 22,500 miles—or 16 percent--are owned and maintained by Response: City streets are a separate but Minnesota's 853 cities. integral piece of the network of roads supporting movement of people and The Minnesota Constitution limits eligibility goods. Cities need greater resources and for dedicated Highway User Tax flexible policies in order to meet growing Distribution Fund dollars to up to twenty demands for street improvements and percent of streets in cities with populations maintenance. The League of Minnesota over 5,000 (147 of 853 cities). This means Cities supports: almost 85 percent of municipal streets are ineligible for municipal state aid(MSA) a) A dedicated and sustainable state funds and must be paid for with property funding source for non-MSA city taxes and special assessments. Funding streets in large and small cities challenges are compounded by city cost statewide; participation requirements in state and county highway projects, which divert b) enabling legislation that would allow resources from city-owned streets. cities to create street improvement districts (similar to sidewalk Recognizing the unique street funding needs improvement districts already allowed in cities under 5,000 population, the 2015 under Minn. Stat. § 435.44); and legislature created the Small Cities Assistance Account (Minn. Stat. § 162.145). c) the creation of a new fund within the Funds in the account are distributed through Local Road Improvement Program a formula to all cities under 5,000 that would provide grants to cities population for street maintenance and burdened by cost participation reconstruction. Unfortunately, funding for requirements related to trunk the account has only been provided for three highway and county state-aid projects. times. Because Small Cities Assistance funding has been provided so inconsistently, LE-40. Authority to Allow small cities have had difficulty using the Amenities in MnDOT Rights-of- revenue stream as a tool to maximize Way pavement management and street improvement planning. Issue: Cities served by the state's trunk highway system frequently request features Maintenance costs increase as road systems on the highway right-of-way(ROW)that age, and no city--large or small—is would improve the aesthetics of the highway 100 or provide public amenities exceeding grants to local units of government components the Minnesota Dept. of working to advance complete street Transportation(MnDOT) may include. projects. Crosswalks and Safe Routes to Minn. Stat. §161.20, Subd. 2(b), gives the School projects should be eligible for MnDOT commissioner authority to make incentives. agreements with and cooperate with any governmental authority relating to trunk The League opposes state imposed highway construction and improvements; unfunded mandates that would increase however, Minn. Stat. §161.434 provides that the costs of building streets in contexts arrangements and agreements must be "for where facilities for cyclists and highway purposes". pedestrians are unnecessary or inappropriate. These restrictions are problematic in cities where a downtown commercial area exists LE-42. Infrastructure Fees along a trunk highway. Some of these cities desire amenities that would make Issue:New development and the resulting commercial areas adjacent to trunk growth create an increased demand for highways more vibrant by allowing outdoor public infrastructure and other public dining, landscaping, decorative lighting or facilities. Severe constraints on local fiscal other aesthetic improvements that do not resources and dramatic forecasts for serve a highway purpose. Under current law, population growth have prompted cities to the city cannot approve amenities that reconsider ways to pay for the inevitable encroach on the ROW. costs associated with new development. Response: The League of Minnesota Traditional financing methods tend to Cities supports authorizing cities, by subsidize new development at the expense ordinance,to allow amenities that do not of the existing community, discourage sound serve highway purposes on trunk land-use planning,place inefficient highway ROW within their jurisdictions. pressures on public facilities, and allow The League also supports a requirement under-utilization of existing infrastructure. that MnDOT develop and approve rules Consequently, local communities are related to local ordinances. exploring methods to ensure new development pays its fair share of the true LE-41. Complete Streets costs of growth. Issue: There is increasing public support for In Harstad v. City of Woodbury, 916 the reform of local street design policies to N.W.2d 540 (Minn. 2018), the Minnesota make streets safer for pedestrians, cyclists Supreme Court recently clarified that state and neighborhood residents. statute does not provide the authority for cities to impose infrastructure fees to fund Response: The League of Minnesota future road improvements when approving Cities supports reforms in state design subdivision applications under Minn. Stat. § guidelines for local streets that would give 462.358, subd. 2a. Given the existing cities greater flexibility to safely authorization to impose fees on new accommodate all modes of travel, development of other infrastructure, such as including walking and biking. The state water, sanitary and storm sewer, and for should also provide incentives such as park purposes, it is reasonable to extend the 101 concept to additional public infrastructure beacons, vehicle feedback signs and facilities improvement also necessitated (dynamic speed signs), and other traffic by new development. control devices. Response: The Legislature should Cities that receive municipal state aid authorize local units of government to (MSA)--those with populations above impose infrastructure fees so new 5,000--may apply for and administer their development pays its fair share of the off- own SRTS grants. Non-MSA cities, even site, as well as the on-site, costs of public those with a city engineer on staff or infrastructure and other public facilities contract, must rely on the county to manage needed to adequately serve new any grant funds secured as well as to development. approve the project design. In some cities, this requirement has led to project delays LE-43. Safe Routes to School and disputes with counties over project Grants Management design and delivery. Issue: The Safe Routes to School (SRTS) Response: The League of Minnesota Program provides funding support for Cities supports changes to MnDOT rules capital projects that promote and encourage to allow small cities that have the capacity more students to walk or bicycle to school to manage SRTS grants and projects to by making the school routes safer and more do so without county approval. accessible. LE-44. Railroads The following are some types of SRTS infrastructure improvement grants that are Issue: Railroads impose far-reaching and provided by the state and offered through long-term impacts on communities. The the Minnesota Dept. of Transportation impact of railroads on communities has (MnDOT): become more pronounced in Minnesota as the number and length of trains have a) School site improvements: secure increased due to frac sand and crude oil bicycle parking facilities, traffic entering the state by rail to and from North diversion improvements, and Americans Dakota. While railroads often support with Disabilities Act(ADA) economic activity and can relieve pressure improvements; on roadway and bridge infrastructure, they also bring noise, environmental impacts and b) Pedestrian facilities: new sidewalk, safety challenges. Below are some of the sidewalk gap closures, and related ADA concerns cities have raised about railroads: improvements; a) Local public safety personnel are c) Bicycle facilities: bicycle trails, underequipped to respond to a potential separated multi-use or shared paths and derailment of a train carrying hazardous related ADA improvements; and materials such as crude oil or nuclear products. d) Traffic calming and crossing improvements: curb extensions, speed b) The cost-share ratio related to roadway humps, median refuges, enhanced crossing improvements is borne crosswalk markings,timed on/off disproportionately by the public sector. 102 Some estimates are 80 percent public to a) Adequately mitigate the negative 20 percent private funding, regardless of impacts of railroads on communities; the public entity's ability to pay or whether service is provided within the b) Allow local governments to enforce community. Funding has not kept pace the existing state and federal laws with the growing need for grade regarding the maximum time a separations. crossing may be blocked, and provide a mechanism to do so; c) Legislation brought by the railroad industry that would exempt railroads c) Provide that timely notice to the from stormwater fees and assessments impacted municipality is required in and shift the cost of complying with advance when a crossing or crossings stormwater management to other will be blocked by a stopped train; property owners. d) Require railroad companies to d) The financial burden is faced by the provide a direct emergency response public sector to deal with mitigation telephone number for city first improvements, a cost that the Surface responders (police, fire, ambulance or Transportation Board(STB) is not other designated official) to call when requiring the private sector to pay. an at-grade crossing is blocked, and the emergency services need this e) At-grade crossings are blocked by both crossing immediately unblocked to long moving trains and by trains that continue their response; stop and remain stopped, sometimes for hours at a time. Blocked crossings delay e) Allow local governments to enforce motorists and sometimes prevent whistle-free zones; passage of emergency vehicles. f) Impose and implement safety f) Difficulty and expense of imposing and standards that are in the best interest enforcing whistleblowing ordinances. of the public, including requiring every train that is carrying freight to g) Unabated graffiti on railroad cars and be operated with a crew of at least two structures. crewmembers; h) Negative impacts of long- and short- g) Equip and train local public safety term storage of rail cars on adjacent officials to respond to potential properties. catastrophic rail incidents; i) Pre-emption of local and state authority h) Develop plans and identify funding to regulate railroad activities. sources for more grade separations between railways and roadways; and Response: The League of Minnesota Cities opposes legislation and policies that i) Fund and implement improvements to disproportionately shift authority, costs rail car storage facilities. and/or liability away from railroad companies and onto other entities. The The public sector should not incur the railroad industry, along with state and costs of improvements sought by the federal government, must: private sector, and cities should not be 103 required to fund most of the cost of Minn. Stat. § 360.017 establishes the State crossing repairs or improvements. The Airport Fund and authorizes the Minnesota federal government must exercise greater Department of Transportation(MnDOT) oversight of the STB to ensure fair and Office of Aeronautics to support cities, equitable solutions are reached when counties and townships in the planning, dealing with cities in Minnesota. Finally, development, maintenance and safe the Minnesota Department of operation of public airports. In recent years, Transportation's (MnDOT's) Office of in order to help balance the state's budget, Freight and Passenger Rail should the Legislature transferred funds from the advocate on behalf of local communities State Airport Fund to the General Fund. when conflicts between cities and railroad Although the borrowed funds were entities arise. eventually repaid in full, efforts to preserve and improve the quality of airports LE-45. Airport Planning and throughout the state were hindered by the Funding unavailability of these revenues. Issue: Airports are an essential component The Minnesota Council of Airports of Minnesota's transportation infrastructure. (MCOA), a membership organization for Airports in the State of Minnesota serve airport authorities and municipal entities important gateway to the region,the nation, who own airports, has led efforts to bring and global markets. They serve as a primary stakeholders together. Most recently,the access point to our national airport system. MCOA established the State Airports Fund The Minneapolis St. Paul International Committee to work with the MnDOT Office Airport(MSP) is critical to the movement of of Aeronautics to discuss and advise future people and goods in and out of the state and management practices of the State Airport even with all the planned improvements, it Fund. will eventually reach its capacity. The state needs to implement a long-term strategy to Response: The state needs a higher degree make better use of other airport facilities and of integration of agencies (FAA, MnDOT, existing resources, reduce environmental MC, and MAC) and communities related impacts, and achieve sound and sustainable to aviation planning. The League of economic growth throughout the state. Minnesota Cities supports the collaborative efforts initiated by the Aviation planning is a multi-layered effort MCOA and supports the development of with different levels of responsibilities. a statewide airport advisory board, which Currently, the State Airports System Plan is could provide input, review and make put together by MnDOT with individual recommendations to assist in development pieces developed by the Federal Aviation of a comprehensive statewide State Agency(FAA), Metropolitan Council (MC), Airports System Plan. and Metropolitan Airports Commission (MAC). Aviation planning could be The state needs to make planning and improved by a more unified statewide effort investment decisions that will maximize and coordination of the various aviation the potential for airports to become strategies through creation of an oversight economic development centers that body. provide access to domestic and global marketplaces. Investments in airports allow existing businesses to remain and 104 grow, help attract new businesses, safety and property of people living and increase employment, and lower product working near public airports. The League and service costs for the benefit of the also recognizes that the Minnesota Rules region. related to public airport zoning standards exceed the FAA's and other states' Finally,the Legislature should not standards and thus, needlessly infringe on authorize shifting of dedicated State local control. The League supports Airports Fund dollars to resolve general changes to Minnesota Rules pertaining to fund deficits airport zoning standards that will more closely align Minnesota's Rules with those LE-46. Airport Safety Zones in other states,while at the same time retaining local authority to be more Issue: The field of aeronautics is regulated restrictive than the Minnesota Rules. The generally by Minn. Stat. ch. 360 and Chapter League also supports changes to 8800 of the Minnesota Rules. Land use Minnesota Statutes and Minnesota Rules safety zones and other public airport zoning that would authorize powers for joint standards are established in Minnesota Rules airport zoning boards so issues related to Chapter 8800.2400, and are adopted by local funding, staffing, and authority to enforce airport zoning regulations that are submitted ordinances can be resolved at the local to the Minnesota Department of level. Transportation(MnDOT) commissioner for review and approval before adoption. LE-47. Development Responses to Airport safety zones are intended to restrict the Pandemic land uses that may be hazardous to the operational safety of aircraft using the public Issue: The economic fallout of the pandemic airport, and to protect the safety and has dramatically slowed development property of people on the ground in the area projects across the state. The tax increment near the public airport. financing tool includes many rigid timeline restrictions that do not anticipate the effects While some of the provisions included in the of severe economic disruptions. Minnesota Rules are required by the Federal Aviation Administration(FAA), other Response: The League of Minnesota provisions go well beyond the federal Cities supports: requirements. In some cases, the Minnesota Rules do not make sense for the community a) Amending Minn. Stat § 469.174, subd served by a public airport. 10 (d) to extend the three-year deadline for parcels formerly occupied Finally, in some cases airports cross by substandard buildings to be multiple municipal jurisdictions. Neither included in a redevelopment TIF state law nor Minnesota Rules provide district. powers for joint airport zoning boards. These boards could be useful in resolving b) Providing tools for development interjurisdictional issues involving airport authorities to offset losses in planning, development, funding and zoning. increment revenues caused by the unanticipated economic disruptions of Response: The League of Minnesota the pandemic. Cities supports efforts to protect the 105 c) Providing tools for development authorities to assist with costs associated with pandemic-necessitated improvements. 106 HUMAN RESOURCES & DATA PRACTICES HR-1. Personnel Mandates and d) Eliminate contradictory existing laws regarding public employment. Limits on Local Control e) Eliminate mandates for local Issue: Many state laws increase the cost of government employers that are not providing city services to residents by imposed upon the state as an requiring city governments to provide employer. certain levels of compensation or benefits to public employees, by specifying certain f) Use the collective bargaining process working conditions, or by limiting city established by state law, rather than governments' ability to effectively manage legal mandates, to determine benefits their personnel resources. For instance, for employees covered by collective existing state laws limit governments' bargaining agreements. ability to effectively address incompetence or misconduct of city employees by HR-2. Earned Sick and Safe Time specifying certain procedures or standards of conduct that cities must follow. Several laws Issue: In recent years, there have been are potentially contradictory and force local legislative proposals to require employers to governments to choose which one to follow. provide "earned sick and safe time" affording employees one hour of sick and Response:Any new legislation and safe time for every 30 hours worked. Cities changes to existing legislation should meet recognize their employees for their the following goals: dedication to public service and currently provide a wide variety of excellent benefits a) Recognize the need for local decision- to their employees and prioritize the health making authority by local elected and well-being of staff. Benefits include officials with regard to the terms and paid time off for most staff who are required conditions of employment for local to be enrolled in the Public Employee government employees (e.g. allow Retirement Association(PERA) (Minn. Stat. local elected officials to determine § 353.01, subds. 2a, 2b). In developing leave employee compensation, employee and benefit policies, cities must be mindful recognition, and to make employee of the cost to citizens for programs, much of benefit decisions. which are driven by staff compensation and b) Provide funding that pays the full benefits. costs of any mandated employment- Response: To avoid significant cost related expenditures. increases and to provide clarity, the Legislature should use the same eligibility c) Avoid and eliminate expensive and requirements for public employees time-consuming duplicative legal outlined in state statute for PERA protections and processes for public participation if a mandatory sick and sick employees, including those that and safe time program is enacted by the preclude promotional probationary Legislature. periods. 107 HR-3. Pay Equity Compliance HR-4. Public Employment Labor Relations Act (PELRA) Issue: In 1984, the Legislature passed the Local Government Pay Equity Act to Issue: The League of Minnesota Cities eliminate sex-based wage disparities in supports the purpose of the Public public employment. The Act requires each Employment Labor Relations Act(PELRA) local government to submit reports of its pay to balance the rights and interests of public structure to the state's Pay Equity employees,public employers, and the Compliance Coordinator within the general public. However, certain changes Department of Management and Budget. are necessary to assist public employers in The data is then subject to analysis to implementing this law. For example, current determine if there are inequities in the city's definitions of"public employee" are pay structure. Since its passage,the confusing and difficult to manage. In administrative rules implementing the Act addition, the arbitration process has have not substantively changed. produced decisions that are contrary to the interests of the public, and the legal standard Response: The League of Minnesota for overturning arbitration decisions is very Cities supports the Local Government difficult to meet. Also, recent Pay Equity Act and seeks to partner with interpretations of Minn. Stat. § 179A.25 the Legislature and the state's Pay Equity (independent review of non-union employee Compliance Coordinator to update and grievances) has created uncertainty and improve the current system so that cities confusion in the longstanding judicial can more efficiently and effectively fulfill process used by courts to review city council the mandated reporting requirements. administrative decisions, particularly Local governments and the state should: employment termination decisions of non- a) Explore and document problems union employees. individual local governments are Response: Minn. Stat. ch. 179A should be experiencing, and evaluate whether modified to: the problems are widespread and if they can be resolved administratively; a) Change the definition of"public employee" under PELRA by b) Evaluate the reporting process, and removing the existing 14-hour/67-day make recommendations for requirement and replace it with a improvement as needed; definition in which employees must c) Review the methodology for analyzing work an annual average of 20 hours pay equity data; and or more per week. d) Evaluate the process by which cities b) Exclude temporary or seasonal receive notification of reporting employees, as well as unpaid requirements and compliance issues volunteers, from the PELRA and make recommendations for definition of public employee in Minn. improvement as needed. Stat. ch. 179A. c) Provide different options for accessing arbitrators and utilizing the arbitration process in order to 108 "address inequities" between union Overruling decades of precedent, in June and management representatives. 2018, the U.S. Supreme Court ruled it is unconstitutional for public employees who d) Allow public employers to bypass object to belonging to a union to be required mandatory arbitration required under to pay a fair share fee. (Janus v. AFSCME). PELRA and directly access the Specifically, the Supreme Court held that district court or Office of laws compelling fair share dues from Administrative Hearings system in unwilling members violated the First situations where an employee is being Amendment by requiring these employees terminated for gross misconduct (e.g., to, in effect,pay for speech with which they excessive use of force, sexual do not agree, and that affirmative, voluntary harassment, sexual abuse, theft or a consent is required for dues deduction. felony conviction) that is related to the Given the degree of uncertainty about the employee's position with the public implications of the ruling,public employees employer,including establishment of a are seeking information about their standard that defers to the public constitutional rights regarding labor union employer's decision on termination if membership and associated dues. The it has met a standard of Minnesota Public Employment Labor reasonableness. Relations Act defines unfair labor practices ("ULPs") to include dominating or e) Repeal Minn. Stat. § 179A.25 or, in interfering with the formation, existence, or lieu of repeal, exclude employment administration of union membership. To terminations from Minn. Stat. avoid a potential allegation that they have § 179A.25; require a 60-day engaged in unfair labor practices, if timeframe for filing a petition for employees seek information about union review of a grievance under Minn. membership from their employers, Stat. § 179A.25; and clarify that employers often refer their employees to decisions of Bureau of Mediation union representatives for additional Services (BMS) under this section are information. The Minnesota Bureau of non-binding and merely advisory. Mediation Services (BMS) is the state agency charged with providing technical HR-5. Implications of Janus v. training and information on collective AFSCME bargaining for the public sector in Minnesota. BMS would be an ideal resource Issue: Historically,both members and non- for employees to find critical information members of public sector unions could opt about labor union membership, particularly out of paying the portion of dues that in the wake of the recent Supreme Court explicitly go to the union's political ruling. activities. But, until recently, non-members 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 requirements are designed to help unions 109 market their services to their members or to be amended to ensure the PERB operates require the public employers to pay the costs successfully and efficiently for both public of collective bargaining. employees and employers. Response: To ensure that both public Response: The League of Minnesota employers and public employees Cities supports the structure and process successfully navigate the current to address ULPs that was utilized before unknowns following the Janus decision, the reestablishment of the PERB in 2014. the League of Minnesota Cities urges If the PERB is implemented fully and BMS to provide and disseminate funded sufficiently,the League of information to employees about union Minnesota Cities encourages the membership across the state. The League Legislature to make the following also urges the Legislature to act to protect changes: public employers against: a) Create statutory authority for the a) ULP charges when providing factual PERB to establish a fee-based information to employees about union structure for filing ULPs and to pay membership; for hearing officers,with costs to be shared by employers and authorized b) ULP charges when requiring unions representatives; to provide original documentation of voluntary consent to dues deduction; b) Allow the PERB to defer to the and decisions made by an arbitrator to prevent duplicative litigation on the c) being forced to pay the direct cost of same issue; and employee representation by unions. c) Amend the Minnesota Government HR-6. Public Employment Data Practices Act and the Open Relations Board Meeting Law to properly maintain the integrity of the hearing process. Issue: Dating back to the 1970's, Minnesota had a Public Employment Relations Board HR-7. Payment of Arbitration Fees (PERB) in place,but over time, its responsibilities were changed and reassigned Issue: Like other employers, cities must to another bureau. Until the reemergence of sometimes make difficult employment the PERB in 2014, unfair labor practices decisions and uphold certain principles in (ULPs) actions could be brought in order to best serve the public. In a union Minnesota District Courts through injunctive environment, grievance arbitration is relief. In 2014, the Legislature recreated generally used as a"last-resort"remedy PERB to hear ULPs filed by employees, when a difficult employment decision must employers and labor unions under the Public be made or to uphold an important principle. Employment Labor Relations Act(PELRA). Legislation has been introduced in the past The board was created in Minn. Stat. ch. that would require a city or the union to pay 179A and after receiving initial funding, the arbitration fees if a reasonable settlement is board has yet to be fully funded or offered and refused in a grievance situation, operational. Much of the current statutory and the arbitrator ultimately decides on a language regarding implementation should less favorable remedy. The legislation would 110 have the impact of discouraging cities from groups—both union and non-union for using the grievance arbitration process in a the same employer in the same contract manner that best serves the public good. year. Response: The League of Minnesota HR-9. Re-employment Benefits Cities opposes legislation that would undermine the grievance arbitration Issue: Cities are often required to help pay process and discourage cities from using the benefits of workers who have initially the process in the manner intended. been denied benefits through their Specifically, the League opposes any employment with the city but later been re- legislation that proposes payment of employed by a different employer; grievance arbitration fees when a sometimes this occurs when the employee settlement is offered and declined. has been found to have committee gross misconduct while employed by the city. HR-8. Essential Employees Additionally, employers are prohibited from Issue: Cities must balance the health, entering into agreements with employees not welfare, and safety of the public with the to contest or appeal payment of costs to taxpayers. Essential employee status unemployment benefits as part of a removes the right to strike but gives the right settlement agreement at termination of to mandatory binding arbitration. This status employment. Because most cities are can result in arbitration awards that exceed "reimbursement employers,"the majority of the city's budget or conflict with the city's the cost of benefits paid to the employee are compensation policy. at the direct expense of the city. The ability to enter into such an agreement can greatly Response: The Legislature should aid a city in reaching a settlement at a carefully examine requests from interest relatively low-cost to the city's taxpayers. groups seeking essential employee status under Minn. Stat. ch. 179A(PELRA). Response: Cities should not be forced to The League of Minnesota Cities opposes pay benefits as base wage employers if the legislation that mandates arbitration that employee is determined to have increases costs and removes local committed gross misconduct during their decision-making authority. employment with the city, even if the employee voluntarily resigns. In addition, The League supports a mandate for Final cities (as reimbursement employers) Offer/Total Package arbitration for all should be allowed to enter into essential groups on a trial basis. The agreements with employees to not contest League also supports a change in the a determination of eligibility for PELRA law that would strengthen unemployment benefits where the existing language (Minn. Stat. § 179A.16, employer and employee mutually agree to subd. 7) requiring arbitrators to consider this as a term of separation. a public employer's obligation to efficiently manage their operations. HR-10. Public Employee Defined Specifically, the statute should be Benefit Pension Plans amended to require arbitrators to take into consideration any wage adjustments Issue: Public pensions are an important already given to or negotiated with other employee benefit that can help cities attract 111 and retain employees. However, unlike liabilities. Employees do not have a similar salary and other employee benefits that are obligation to help the General Plan reach established by each city, the pension full funding. When the additional employer contribution rates and benefit levels are set contribution was increased to 0.43 percent in by the state legislature. Benefit levels and 1997, the state instituted a PERA aid plan costs must be carefully balanced to program(Minn. Stat. § 273.1385) for assure long-term sustainability of the employers to partially offset the cost of pension plans and affordability to employers increased employer contributions. However, and employees. Despite ongoing funding the PERA aid payment rate is frozen at 1999 issues,the Legislature and Governor had levels, while the additional employer been unable to reach agreement on contribution has since increased from 0.43% sustainability changes to the Public to 1.0%. Employees Retirement Association plans. Response: The League of Minnesota In 2018, the Legislature enacted a major Cities supports the sustainability pension reform package to improve the modifications enacted by the legislature in long-term financial status of the PERA 2018 and continues to oppose any benefit pension plans. The legislation included improvements for retirees or active benefit reductions for active employees, employees until the financial health of the contribution increases for Police and Fire General Plan and the Police and Fire Plan Plan employers and active employees and a is restored. modified cost of living adjustment(COLA) for retirees. For the PERA General Plan, any further increases in employer contributions Recent adjustments to balance PERA plan should only be considered by the costs have largely focused on contribution Legislature after other measures have increases rather than benefit adjustments. On been considered, including: January 1, 2015, the employer and employee contribution rates for the PERA General a) An increase in employee Plan each increased by 0.25% of salary, contributions so that employees and resulting in the current employer rate of 7.5 employers truly bear the same percent of salary and an employee rate of responsibility to bring the pension 6.5 percent of salary. For PERA Police and plans to full funding; or Fire (P&F) employees, the employer contribution was increased to 16.95% and b) The removal of the cap on PERA the employee contribution was increased to Pension Aid payments under Minn. 11.3%beginning January 1, 2019 and then Stat. § 273.1385 and the extension of the employer contribution was increased to the aid program after FY2020, so the 17.7% and the employee contribution was state equalizes the contributions of increased to 11.8%beginning January 1, employees and employers. 2020. The League also supports: For the PERA General Plan, an additional one percent employer contribution is a) Modifications to the PERA eligibility required under Minn. Stat. § 353.27, subd. guidelines to take into account 3a, which will continue until the actuarial temporary, seasonal, unique part- value of the plan assets equal or exceed the time, and student employment 112 situations in cities,particularly in toward a more equitable split between recreational operations. These employees and employers; or modifications should include the use of pro-rated service credit, which b) An additional state general fund would make PERA consistent with the appropriation to fund the deficiency other major Minnesota pension plans. in police and fire pension aid payments so that the state equalizes b) A comprehensive review of exclusions the contributions of employers and from pension participation with the employees. goal of simplifying current eligibility guidelines. Such a review should also c) Increasing the minimum and full include a possible revision of current retirement ages for new PERA Police penalties for employers that fail to and Fire plan participants. report covered employees to ensure that these penalties are not overly d) Implementing a contribution-based harsh and punitive. benefit formula that would align benefits payable with contributions c) The transfer of all school district made on behalf of an employee in employees out of the PERA General order to address high-five spiking Plan and into another fund that is issues. more appropriate for school district employees as long as the change would The League also supports: not negatively impact the financial health of the pension funds nor result a) Maintaining the statutory changes in employer contribution increases. made to Minn. Stat. § 353.01 in 2007 The continued authority of cities to that separate injuries resulting from effectively use retirees in "hazardous duties" from injuries reemployment situations. The League resulting from "non-hazardous supports policy changes which would duties" for purposes of police and fire include an increase in the earnings disability retirement benefits. threshold for such retirees and b) A thorough study by PERA of the supports keeping the required break current effects of overtime in service at 30 days and opposes accumulation and outside employment suspending payments to retirees. compensation on individual pension For PERA Police and Fire, any further benefits and the overall funding of the increases in employer contributions plan. The study should also include should only be considered by the recommendations on whether the Legislature after other measures have overtime or outside employment been considered,including: should be factored into or excluded from high five average wage a) An initial increase in the employee calculations. contribution of at least 1.0% of salary with subsequent increases split evenly c) Allowing cities,including cities with between employee and employer so combination (full-time and paid-on that the contribution ratio moves call staff) fire departments, to work with their fire relief associations to 113 determine the best application of fire the plan administrator or custodian of a state aid. deferred compensation plan to: (1)provide the fee disclosure document to the plan's For PERA Corrections Plan the League participants, and(2) file the fee disclosure supports: document with the executive director of the LCPR(Legislative Commission on Pensions a) Maintaining the current definition of and Retirement) within 30 days of the end of covered employees for the PERA each fiscal year of the plan. If a 457(b) plan corrections plan, which does not administrator or custodian fails to comply include dispatchers due to the with the reporting requirements, the plan substantial differences between the would potentially be an unlawful recipient job responsibilities of dispatchers and of funds. the existing corrections positions covered by this plan. These new requirements are ambiguous and confusing. "Plan administrator or custodian" For all PERA defined benefit plans the who are required to report are not defined in League supports: Minnesota Statutes and may include every local unit of government providing for a a) Adjustments to the benefits for active 457(b) deferred compensation option. In members and retirees to reduce the addition, the prohibition on contributing cost of the plans. "public funds"to a 457(b)plan is b) Requiring special legislation for ambiguous and confusing. individual employee pension benefit Response: The Minn. Stat. § 356.24, subd. increases be initiated or approved by 3 reporting requirements enacted in 2020 the city council of the impacted city for 457(b) deferred compensation plans unless the cost of the benefit increase are confusing, unclear and unnecessary is fully covered by the individual or and should be repealed. At minimum,the the legislation addresses a clerical or requirements need to clearly define who is administrative error. responsible for informing plan c) Requiring PERA to collect and participants, filing with the LCPR and consider all employer-provided what constitute public funds, and exempt information, including independent public employers that do not contribute medical examinations and other public funds to a 457(b) plan from the relevant personnel data and to reporting requirements. broaden the basis for appealing HR-12. State Paid Police and Fire disability determination decisions. Medical Insurance HR-11. Deferred Compensation Issue: Minn. Stat. § 299A.465 requires Issue: Cities and other local units of public employers to continue health government have been offering employees insurance benefits for firefighters and peace the option to invest in deferred officers injured in the line of duty. When the compensation programs under 457(b) of the law was enacted in 1997, it contained a federal Internal Revenue Code. Minn. Stat.§ provision requiring the Department of 356.24, subd. 3 imposes requirements for Public Safety (DPS) to reimburse employers 114 for the full amount of administering this plan such as the Public Employees benefit. Insurance Program (PEIP). By 2002, the fund created to provide this c) Cumulative injuries that occur over benefit became deficient. Instead of time in the job should not qualify a increasing the fund, the 2003 Legislature police officer or firefighter for benefits amended the law to pro-rate reimbursements under Minn. Stat. § 299A.465 since to cities based on the amount available and these types of cumulative injuries are the number of eligible applicants. The 2003 not unique to the dangers of police law change triggered a significant and officer and firefighter duties. unanticipated cost to cities. The cost has increased every year for cities, and the d) The Legislature must clarify that the funding for the account has never been amount of an employer's contribution increased. Even if the health insurance under Minn. Stat. § 299A.465 is no benefit was discontinued entirely, the costs greater than that given to active for existing recipients will substantially employees in the same job class. increase well into the future due to the growing cost of health insurance. e) The Legislature must establish the minimum criteria used to determine In 2015, the Legislature expanded the health ability to work and set a percentage insurance benefit to include survivors of threshold of disability for eligibility volunteer firefighters who die in the line of into this program. At a minimum,the duty. This change increased the number of Legislature must identify that a firefighters eligible for this benefit from workers' compensation determination 2,000 to 20,000—without increasing as to whether the injury is work- funding for the reimbursement account. related is necessary in order to receive the benefits under Minn. Stat. § Response: The League of Minnesota 299A.465. Cities supports the following legislative actions to address the funding deficiency f) Employees who receive a police and in this program: fire disability retirement benefit and accept another job that offers them a) The state must fully fund programs group health benefits should be that pay for health insurance for required to pay for their group health police and fire employees injured in benefits with the city should they the line of duty and dependents of decide to continue them. The police and fire employees killed in the Legislature must amend Minn. Stat. § line of duty as originally required 299A.465 to reflect that employees are under Minn. Stat. § 299A.465. required to inform the city when they become eligible for coverage under b) The Legislature must avoid further another group plan and that failure to expansion of eligibility for benefits do so is grounds for termination from under Minn. Stat. § 299A.465 unless the benefits granted under Minn. Stat. 1) full funding for benefits is provided § 299A.465. by the state; and 2) beneficiaries can be enrolled in a state health insurance g) The legislature should establish a task force to study the long-term costs of 115 this program, including funding for networks, changes in benefit levels an actuarial consultant, and make required by an incumbent insurance recommendations on changes to make carrier, changes required for it more financially feasible for compliance with state and federal Minnesota taxpayers. laws, including those needed to avoid incurring the federal excise tax known HR-13. Health Care Insurance as the "Cadillac Tax". Programs d) Supports changes to Minn. Stat. Issue: Cities, like other employers in the § 471.61 so that the requirement for state, are struggling with the rising costs of cities to offer retiree coverage begins health care insurance for their employees. In on the date the retiree and/or addition, cities must cope with unfunded dependents become eligible for federal mandates imposed on them by the Medicare coverage. Legislature such as the requirement to pool early retirees with active employees and the e) Supports a clarification to Minn. Stat requirement to bargain over changes in the § 471.61 and to Minn. Stat. § 471.617 "aggregate value" of benefits, even when the to explicitly alleviate a city's city's contribution has not changed. responsibility to comply with group health benefits mandated by state law Response: The League of Minnesota when the city's employees are covered Cities supports legislative efforts to under a union plan authorized by control health insurance costs while federal statutes. maintaining quality health care services. However, cities have differing local needs f) Supports statutory authorization for and circumstances and must retain the cities to collect up to a two percent flexibility to provide unique and creative administrative fee from retirees solutions to the rising costs of health care receiving post-retirement health insurance for their employees. The insurance benefits. League: g) Opposes any mandatory, centralized, a) Opposes legislative action that statewide health insurance option for undermines local flexibility to manage active or retired city employees. rising health care costs. h) Supports changing Minn. Stat. § b) Encourages the Legislature to 62A.21 to place reasonable limits on carefully examine the costs and health care continuation for former administrative impacts of any new, spouses, similar to the Federal mandated insurance-related benefit COBRA law. before imposing it upon city employers. HR-14. Workers' Compensation c) Supports changes to Minn. Stat. Issue: Rising medical costs are an § 471.6161, subd. 5, that would clarify increasingly serious problem for all the intent of the subdivision is to employers and insurers, and now represent address changes in cost vs. changes in over half of all loss costs within the value (e.g., changes in provider workers' compensation system. Medical 116 costs will be a major driver of future b) Filling an existing WCAC employer workers' compensation premium increases. vacancy with a public-sector employer In addition, the 2013 legislature added post- representative or adding a designated traumatic stress disorder(PTSD) as a public-sector employer representative compensable injury and in 2014, a to the WCAC. Minnesota Supreme Court decision found that provisions in the Workers' c) Continuing the WCRA as the Compensation statute which allow workers mandatory workers' compensation compensation benefits for permanent and reinsurer for insurers and self- total disabilities to be offset by disability insurers in Minnesota and supports benefits and pension benefits such as Social modifying state statutes to treat PTSD Security does not apply to retirement events involving several affected benefits of the Public Employees Retirement parties as one occurrence for retention Association. In 2018, the Legislature purposes, thereby reducing the modified Minn. Stat. § 176.011, subd. 15, exposure of self-insured entities and which defines an occupational disease to add the statewide insurance pools. Such a a rebuttable presumption to a diagnosis of change would not have any effect on PTSD in certain public safety and related the benefit an individual employee personnel. In 2020, the legislature modified would receive. Minn. Stat. § 176.011, subd. 15 to temporarily add a diagnosis of COVID-19 d) Legislation that would disallow the for peace officers, firefighters,paramedics "stacking" of PERA retirement and other defined employee classes as a benefits and Workers Compensation presumed occupational disease covered by benefits due to the fact that some the workers' compensation system. The injured employees could receive total Minnesota Legislature also regularly compensation from workers' considered proposals to expand the heart, compensation and PERA retirement lung and infectious disease presumptions for benefits that would be well above the public safety workers, and to make the salary that they had been earning and presumptions more conclusive and difficult the fact that the costs would ultimately to rebut. These types of benefit expansions be passed on to cities and their would further increase municipal workers' taxpayers. 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 f) Policies that provide opportunities for approve medical cost containment employees diagnosed with PTSD to reforms. receive treatment for PTSD that could 117 result in continued employment with concerned about these trends for the the local government. following reasons: g) State funding to assist with the a) Every injury that leads to a PERA duty potential extraordinary costs of the disability retirement and/or workers' COVID-19 workers' compensation compensation claim impacts the occupational disease presumption employee, the employee's family and the enacted in Session Laws 2020,Regular employee's organization. Session Chapter 72 and extended to December 31, 2021 in Session Laws b) The current system for processing and 2021, Chapter 12. addressing duty disability benefits can be incompatible with the goal of The League opposes expansion of restoring good health and returning workers' compensation and related health employees to work. insurance benefits because of the potential for dramatically increasing costs c) The fiscal impact of the increasing to cities. Specifically,the League opposes number of claims is unsustainable for expansion of the heart,lung and employers and,ultimately, taxpayers. infectious disease and PTSD presumptions, the creation of new d) Public safety agencies,particularly those occupational disease presumptions as well that are very small and already as any expansion of the law that would experiencing recruitment and retention require payment of health insurance challenges, will not remain viable if they premiums. continue to sustain significant personnel losses. HR-15. Public Safety Duty Disability Given these concerns,the League and cities across Minnesota have invested resources Issue: The League of Minnesota Cities and into mental and physical injury education, the communities it serves recognize the prevention and treatment. The League has inherent dangers faced by peace officers and also consulted with experts, including those firefighters in the line of duty. The duties experienced with treating combat veterans, performed by public safety employees who report that with successful treatment, sometimes lead to physical and mental many injured public safety employees can injuries. achieve optimal outcomes of restoring good health for themselves and their families and In recent years, the number of public safety returning to work. The League is actively employees seeking duty disability working with cities and other stakeholders, determinations through the Public including public safety labor representatives, Employees Retirement Association(PERA) to advance the following: and making workers' compensation claims for line-of-duty injuries has accelerated. a) Normalizing conversations about This is particularly true in the wake of a mental health within local 2019 legislative change that made post- government organizations and their traumatic stress disorder(PTSD) a public safety departments; presumptive condition for workers' compensation purposes. The League is 118 b) Promoting statewide peer support causing hardship for best practices and training programs; employers/agencies; and c) Identifying ways to promote cultural h) Developing best practices for return- behaviors that enhance public safety to-duty following a mental injury. physical and mental wellness; Response: In order to achieve optimal d) Educating stakeholders (employers, outcomes, additional statewide policies employees and state and local and resources are necessary. The League leaders) about PTSD signs, of Minnesota Cities supports: symptoms, treatment options and outcomes; a) Full state funding for the Public Safety Officer Benefit Account that e) Gathering empirical evidence related reimburses employers for providing to treatability of mental injuries; continued health insurance to police officers and firefighters injured in the f) Developing human resources line of duty and dependents of those guidance that focus on: killed (Minn. Stat. § 299A.465); b) Funding to reimburse local a. Enhancing relationships governments for providing paid time between public safety and off to public safety employees who human resources managers to experience work-related trauma coordinate and streamline and/or are seeking treatment for a prevention of, and response mental injury; j Y; to, duty disability injuries; c) Funding for initiatives and programs that provide peer support, emotional b. Implementing best practices trauma training, early intervention and initiatives aimed at and mental health treatment; improving mental health d) Requiring public safety college wellness and preventing and programs to include mental health coping with PTSD; and specifically PTSD education as c. Providing early intervention/ part of their curriculum, focusing on resources for public safety prevention and coping; employees who experience e) Funding for emotional trauma work-related trauma; and training for pre-service and in-service public safety officers; and d. Providing paid time off or 0Advancing wellness for public safety light duty for public safety employees as a component of law employees who experience enforcement reform. work-related trauma; HR-16. Drug and Alcohol Testing g) Identifying resources (partnerships) in the Workplace to help temporarily backfill positions so employees may take needed time Issue: Employer testing of job applicants is off without losing their jobs or governed by Minn. Stat. §§ 181.950— 181.957 and is known as the Drug and Alcohol Testing in the Workplace Act 119 (DATWA). It applies to all employers with c) Permitting the use of breathalyzers one or more employees, including cities. and saliva swabs as acceptable The DATWA has not been amended for technology for determining alcohol many years to reflect various and significant use. changes in drug-testing technology nor policy changes at the federal level. HR-17. Veterans Preference The DATWA prohibits an employer from Issue: Cities have a long history of terminating an employee for a positive recruiting and hiring veterans as they are a controlled substance test without first natural fit in city government. Across the providing the employee a chance for state, cities are partners in working with and rehabilitation and treatment. This law ensuring veterans have a variety of applies to probationary employees as well as opportunities afforded to them given their those who have completed probation. sacrifice and service. The purpose of the Minnesota Veteran's Preference Act(VPA) Currently,breathalyzer use and saliva swabs is to facilitate the transition of veterans from are permitted for alcohol testing under the military to civilian life and to help federal commercial driver testing laws compensate veterans for their sacrifices of though Minnesota does not allow for the use health and time to the community, state and of breathalyzers in testing. Use of nation. The VPA grants veterans limited breathalyzers for employee alcohol testing is preference over nonveterans in hiring and a less invasive, less expensive method. In promotion for most state and local addition, federal commercial driver testing government employment to recognize the laws address a number of outcomes other training and experience they received as a than a positive test result, including but not result of serving in the military. It also limited to tampering with a sample, provides local government employees who providing a substitute sample, providing a are veterans some protection against unfair sample that is not human urine, providing a demotions and dismissals. These preferences sample that is not capable of being tested, and protections are commonly referred to as etc. State law is silent on these outcomes. "veteran's preference" and are codified in Minn. Stat. §§ 43A.11, 197.455, 197.46, Response: The League of Minnesota 197.48, and 197.481. Cities supports the following changes to the DATWA: Once a veteran has completed an initial probationary period upon hire,they cannot a) Updates to reflect new issues, such as be removed from their position or adding new definitions as needed to employment, except for incompetency or reflect current practices; misconduct shown after a properly noticed b) Clarification that a positive controlled hearing. Currently, a veteran can only be placed on probation upon hire but not substance test during probation does following a promotion. It is common not require the employer to provide practice to place employees on probation an employee who has not completed following employee promotion making this probation a chance for rehabilitation restriction inconsistent with current practice and treatment; and and procedure. 120 Termination hearings are held before the ensure that these temporary vacancies are local civil service commission or before an adequately filled by public safety personnel arbitrator and Minn. Stat. § 197.46 allows a whose training and qualifications are unique veteran to choose a hearing before the local to providing public safety. This can result in civil service commission, or an arbitrator. added overtime costs and may impact public Members of civil service commissions are safety service levels. chosen for their expertise and experience with employment law. Hiring an arbitrator Government employers honor and recognize for a hearing instead of utilizing an the importance of ensuring members of the established civil service commission is military are able to fulfill their duties and inefficient. participate in mandatory training, while also aiming to ensure that public safety service in Response: The League of Minnesota their community is efficient, seamless, and Cities recognizes the important cost-effective. In response to this issue, there contributions veterans have made and have been recent legislative proposals to supports giving veterans limited reimburse local units of government for preference in employment. To strengthen military leave paid to public safety and improve the VPA,the legislature personnel. should: Response: The League of Minnesota a) Allow cities to place veterans on Cities supports state funding to ensure probationary periods upon promotion that local units of government can as they do with other employees; and maintain quality and cost-effective public safety services in their communities and b) Restore the language in Minn. Stat. § for their taxpayers while also offering full 197.46 requiring a hearing to be held support for employees who are members before a local civil service commission of the military. Such state funding could where one exists. include reimbursement of costs incurred to local units of government related to HR-18. Military Leave compensating personnel on military leave Reimbursement as well as reimbursement for costs related to ensuring these temporary vacancies are Issue: Minn. Stat. § 192.26, subd. 1, adequately filled. requires local units of government to provide 15 days of compensation per year to HR-19. Background Checks employees who are members of the military for military leave. State laws give preference Issue: Minn. Stat. § 299C.72 currently to hiring veterans for public sector jobs, and limits the ability of the authorized law citizen soldiers are a natural fit to also serve enforcement agency to conduct criminal as public safety personnel. As such,many history checks on applicants for employment public safety personnel are often also or licensure. The current language is members of the military and are required to limiting in its suggestion that a law conduct training and military duties enforcement agency may only provide a throughout the year. "yes" or"no"response to a hiring or licensing official rather than sharing the In addition to providing compensation for comprehensive results of a background mandatory military leave, cities must also check. 121 Response: Minn. Stat. § 299C.72 should indiscriminate disclosure while balancing be amended to explicitly allow an the right of the public to know what the authorized law enforcement agency to government is doing. The Act also attempts disseminate comprehensive criminal to balance these rights within a context of history data to city hiring and licensing effective government operation. The League officials, as hiring and licensing officials of Minnesota Cities supports the public are in the best position to evaluate policy behind the MGDPA while background check results with job acknowledging that compliance with the law requirements. For those cities that choose imposes costs on local taxpayers. Smaller to use the BCA to run the criminal history cities struggle with limited staff and employment background check for them, resources while larger cities struggle with the fee should be the same as that charged larger complex databases. The MGDPA to non-profit organizations. must balance the right of citizens to access public data with the cost to municipalities of HR-20. Tele-health Exams complying with certain types of data requests. Issue: Technology improvements are creating new ways to approach many city In 2014, the Legislature imposed additional functions. Specifically,the increased security requirements on political acceptance of the use of tele-health (audio subdivisions in an attempt to prevent and video, web-based) exams creates an unauthorized individuals from accessing opportunity for cities to access and use private data. Adequate security measures are psychologists with specific expertise in important, but they make compliance with public safety as part of the hiring process for the MGDPA more difficult and costly. police officers. However, the Peace Officers Although the Legislature has made Standards and Training (POST) Board has compliance with the MGDPA a priority, adopted a position prohibiting the use of funding for the Data Practices Office of the tele-health exams for the required Department of Administration, the psychological oral interview/evaluation department charged with overseeing the prior to hiring. MGDPA, does not reflect the increased need for local government assistance. Response: The League of Minnesota Cities supports the use of tele-health Cities continue to receive repetitive, overly (audio and video,web-based) exams to broad and far-reaching data requests that meet the requirements of the POST require significant staff time to locate Board for a psychological oral government records,redact private data or interview/evaluation prior to hiring a data unrelated to the request, and assemble police officer candidate. documents to be provided in order to comply with requirements to provide access Data Practices to public government data. Cities are experiencing significant increases in wide- DP-1. Data Practices Compliance ranging data requests, often utilizing specific Costs word searches through multiple databases. "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 122 incidental references to the searched term, her own copy of the data by taking a the search results often contain a significant photo,bringing a copy device, etc. volume of data that has little informational value. If the requestor does not request d) Providing a mechanism that would copies, the search costs cannot be recovered permit cities to challenge whether a —even though the requestor dictated the data request is reasonable and made specifics of the search. in good faith. Furthermore, in some situations, as with e) Creating and funding an overly broad data requests related to ombudsperson position in the Data "applicant" lists, staff time and costs are Practices Office to determine significantly increased and not recoverable reasonableness and proportionality of for very limited public benefit. The MGDPA data practices requests. also limits the ability of cities to be reimbursed for responding to requests. f) Providing funding and authority to the Data Practices Office to engage in Cities are limited to charging only 25-cents the rulemaking process to establish per page for copies of police motor vehicle standards and procedures related to incident reports, which does not cover the requests and responses to data city cost for copying, while the practices requests that impose Commissioner of Public Safety is exempt significant burdens on government from this restriction—thereby permitting the entities. Department of Public Safety to continue to charge $5 for incident reports that cities are g) Amending the MGDPA to limit what required to submit to the department. is considered public applicant data to better balance the value of public data Response: As the cost of complying with with the cost related to data practices the MGDPA increases, the League compliance. supports: h) Allowing political subdivisions to a) Providing additional state funding to charge the same amount for copies of assist political subdivisions with motor vehicle incident reports issued meeting the increasing complexity of by local police and fire departments as managing government data. the commissioner of public safety. b) Providing state funding for statewide The League of Minnesota Cities opposes: data practices training. a) Further increasing the maximum c) Allowing political subdivisions to exemplary damages that courts may charge for the staff time that is impose against government entities, required to comply with wide-ranging including cities, found to have violated data requests regardless of whether the MGDPA; further increasing the copies of the data are requested or maximum civil penalty that may be allowing political subdivisions to imposed when a court order is issued charge for actual costs for collection of to compel a government entity to data when the requestor makes his or comply with MGDPA; or any statutory change that would make it a 123 mandatory civil penalty to compel DP-3. Updating the Minnesota compliance under the MGDPA. Government Data Practices Act b) Repealing the administrative remedies Issue: The Minnesota Government Data provisions adopted by the 2010 Practices Act(MGDPA) was first enacted in Legislature to address disputes 1979. Almost 40 years later, times have regarding MGDPA compliance issues. changed dramatically. In particular, there has been exponential change in technology. DP-2. Records Retention In 1979, cities were largely maintaining data Compliance Costs in paper form, computers had just become viable for home users, word processing had Issue: The Official Records Act requires just become a reality, the first point-and- government entities to "make and preserve shoot, autofocus camera came on the all records necessary to a full and accurate market, and the internet was still about a knowledge of their official activities." In decade on the horizon. accordance, cities must establish a records retention schedule, and maintain and destroy While the MGDPA was originally drafted to official records according to this schedule. be future thinking by contemplating the There are rigorous requirements for any various forms data could be held—including changes to a city's records retention the concept of storage media—the schedule, including getting approval from legislators of the time could not have the statutorily-created Records Disposition imagined where technology would be today. Panel, which strikes an appropriate balance For example, the originally-drafted MGDPA between the government entity's decision- made reference to photostatic, making role in determining retention and microphotographic, or microfilmed records. disposition of official records with the Minn. Stat. § 13.03, subd. 1. The current law public's right to know the government still refers to these same mediums of data, entity's official activities. despite few cities maintaining data in this manner. Response: As the cost of complying with the records management laws increases, Technology has exploded, and the type of the League supports providing additional data collected by this new technology has state funding to assist political multiplied. In our current reality, the public subdivisions with meeting the increasing and government have been frustrated by complexity of managing government how best to access government data. In records. Webster v. Hennepin County, 910 N.W. 2d 420 (Minn. 2018), the County was asked to The League of Minnesota Cities opposes conduct a computer-aided search of all its changing the current record management email accounts over multiple years for 20 requirements and statutory definitions. If separate search terms related to biometrics changes are needed, subject matter and facial recognition. The Minnesota experts should make recommendations Supreme Court found that the County failed through the records retention schedule to establish procedures to ensure appropriate process. and prompt compliance with data requests but did not find that the County failed to keep its records in an arrangement and condition to make them easily accessible for 124 convenient use. The Court also did not management and organization of records address if a term search was a valid data and information which often includes public, practices request or if a request could be private, and nonpublic data within individual unduly burdensome. The lack of direction data sets. from the Court on these issues leaves a void. In addition, large databases today contain There are also other advances in technology different forms of data, including video, that are not comprehensively addressed by audio, images, and social media. In the MGDPA. While the Legislature has responding to data practices requests, attempted to address technological responsive data could be stored in multiple advancements as they come, it has been in data bases. Further, with the advent of piecemeal ways. cloud-based information systems provided by the private sector, newer databases are Response: The Legislature should update not typically designed to be controlled by the MGDPA to comprehensively address cities to easily separate public from non- technological changes since the Act was public data. first enacted. Because the MGDPA is a complicated area of law, the Legislature Response: The state of current should make changes based on the technology requires cities to maintain recommendations from subject matter large databases that are designed to experts from all levels of government and provide secure data storage and interested stakeholders,including maintenance. Those databases are recommendations on what constitutes already burdensome and expensive for reasonable data practices request and cities to maintain but are not available in when a data practices request is unduly a form in which public and private data burdensome. can be easily separated. Requiring cities to design such databases to accommodate DP-4. Maintaining Government extensive data requests under MGDPA is Data in Large Databases both financially and technologically challenging to achieve. Issue: The Minnesota Depat liiient of Administration Advisory Opinion 10-016 The Legislature should address the issued in June 2010 maintains that the growing and costly impact on cities of Minnesota Government Data Practices Act providing access to specific public data (MGDPA) requires cities to keep records housed in large electronic databases. containing public government data so that they can be easily accessible and convenient DP-5. Sharing of Student Data with to use, regardless of how they are kept. Local Law Enforcement in Cities maintain that the application of this Emergencies advisory opinion to large databases in which records are kept in an electronic format Issue: Minn. Stat. § 13.32, subd. 3(1), forces cities to risk the daily threat of defines education data as private data that allegations of noncompliance or leaves local must not be disclosed except to the juvenile government officials confused regarding justice system in cases where information how to apply the requirement for access to about the behavior of a student who poses a data in circumstances where information risk of harm is reasonably necessary to technology is utilized to facilitate the protect the health or safety of the student or 125 other individuals. In addition, the federal DP-6. Disclosure of Victim Data Family Education Rights &Privacy Act (FERPA) bars schools from disclosing Issue:Under the Minnesota Government information on student educational records Data Practices Act(MGDPA), the name and that contains personally identifiable address of a victim or casualty of an information without consent of a parent or accident or incident to which a law eligible student, with only limited enforcement agency responds is public exceptions. government data. In addition, the name and location of the health care facility to which Minn. Stat. § 13.32 does not adequately victims or casualties are taken is public define who is responsible for making the government data. The MGDPA allows a determination that an emergency or risk of victim or witness to prevent the disclosure harm exists. As a result, school district of public data unless the law enforcement officials have interpreted the statute in agency determines that revealing the identity conjunction with the restrictions in FERPA will not threaten the victim or witness's to require that the determination be made personal safety or property. However, solely by school officials. victims and their families can be traumatized by the events that caused their injuries, even Local police officials are often frustrated in when their safety or property is not their efforts to investigate allegations of threatened. Publicly disclosing their criminal or other illegal activity when school identities and the location where they are officials refuse, under Minn. Stat. § 13.32, receiving medical care places a burden on subd. 3(1), and FERPA, to provide families and victims who may be questioned information to follow up such complaints or by reporters, solicited by lawyers, and to assist local police in solving crimes that contacted by other members of the have already taken place. community. While there are legitimate School boards are responsible to have public policy reasons to make this information public,the MGDPA provides no policies in place that require school officials discretion for city officials and law to report a student who possesses an enforcement to temporarily withhold victim unlawful firearm to law enforcement or the data when releasing it is not in the best juvenile justice system. But schools are not interest of the victims. This not only makes allowed to release the name of a student in the initial period of recovery more difficult dangerous weapon reports involving use or for victims but erodes the trust between possession of such weapons that are made to victims and state and local government. the Minnesota Department of Education. Response: The Legislature should amend Response: Minn. Stat. § 13.32 should be Minn. Stat. § 13.82 to allow law clarified to allow local law enforcement enforcement agencies to temporarily agencies to work with school officials to withhold the disclosure of data that jointly make the determination that an identifies victims and casualties and the emergency or risk of harm exists in order medical facilities to which they are taken to enable police enforcement actions to be if the agency reasonably determines that taken in a timely manner. access to the data would cause emotional harm to the individual or otherwise impede the individual's recovery. The Legislature should also amend Minn. 126 Stat. § 13.82 to clearly and permanently healthcare providers, medical and prohibit the disclosure of traffic accident residential facilities, and other related victim identity, similar to the protections providers to provide the best service and for crime victims. care possible for residents. Given the sensitive and personal nature of this data, DP-7. Mental Health Data Sharing any data sharing should be limited for this purpose, be classified accordingly, Issue: Law enforcement agencies across and not be shared for any other reason. Minnesota and the country are being challenged by a growing number of calls for DP-8. Challenges to the Accuracy of service involving people who have mental Data health needs. As law enforcement agencies contemplate how best to serve these Issue: The Minnesota Government Data residents, they are exploring additional Practices Act(MGDPA) allows the subject service models and legal options. of government data to challenge the accuracy or completeness of data maintained Some law enforcement agencies are by the government entity. If the government considering embedding a social services entity denies the challenge, the Act allows professional from other governmental the data subject to appeal that determination jurisdictions or in partnership with other through a contested case proceeding under agencies when officers respond to calls. the Administrative Procedures Act(APA). Other law enforcement agencies are considering not having officers respond to In the human resources context, a these calls but only sending a social services performance evaluation is a tool used to professional to respond. While these social document and evaluate employee job services professionals are able to gather performance. Performance evaluations are helpful information for their work during not discipline; however, some jurisdictions these response calls, the Minnesota and some union contracts have appeal Government Data Practices Act limits them processes to challenge a performance from sharing any data that would be helpful evaluation. Performance evaluations are for law enforcement as they respond to other normally conducted once a year. calls involving the same people. The Minnesota Supreme Court has held that Given the desire for more nuanced ways to a public employee could use the MGDPA to address people with mental health needs, the challenge the accuracy of certain Minnesota Government Data Practices Act information contained in the employee's cannot be an obstacle to how law performance evaluation. Schwanke v. Minn. enforcement agencies can work best with Dept. ofAdmin., 851 N.W. 2d 591 (Minn. other entities who are also providing care for 2014). While the Court held that people with mental health needs, such as "dissatisfaction with a subjective judgment ambulatory services, social services, or opinion cannot support a challenge under residential settings, homeless shelters, the [MGDPA]," a data subject can still hospitals, and clinics. challenge data that supports the subjective judgment. There is currently no limitation Response: The League supports mental on when a performance evaluation challenge health data sharing among law may be brought. Often there is no retention enforcement agencies, social services, period for the underlying data because it is 127 rarely an official record. Furthermore, the Readers law and the Police-Worn Body more time that passes, the less likely those Camera law. with the knowledge of a given performance evaluation may be still employed by the city. License Plate Readers (LPRs) are an It is to everyone's benefit to have the important tool that assist law enforcement challenge to accuracy of data conducted as agencies in locating wanted individuals, soon as possible. recover stolen vehicles, and many other types of investigations.Nevertheless, the use Under Schwanke, an invalid challenge to a of this technology raises legitimate privacy subjective opinion can no longer be concerns. In 2015, the Legislature passed dismissed by the Department of compromise legislation regulating the use of Administration; it can only be dismissed in a LPRs, the classification of LPR data, and the contested-case proceeding. In even a retention period for LPR data that struck a frivolous challenge the data subject will fair balance between the need for robust law have the right to submit evidence and call enforcement and individual privacy rights. witnesses at taxpayer expense. Police-worn body cameras (or portable This right of review is in addition to any recording systems)provide invaluable union grievance process and can be evidence when investigating crimes and exercised by an employee before or after prosecuting criminals and strengthened trust such a grievance is undertaken. This process of citizens in law enforcement by increasing can result in conflicting decisions and has the accountability between peace officers the potential to create a heavy burden on all and the public. Different than other kinds of levels of government and impose significant data, body camera data use involves the costs on taxpayers. unique complexities of the sensitive nature in its use in private homes as well as the Response: In light of the Schwanke sheer volume of data in daily use. In 2016, decision, the Legislature should modify the Legislature contemplated all of these the data challenge provision of Minn. issues and passed compromise legislation Stat. § 13.04, subd. 4, to balance the rights regulating use of body cameras, of data subjects to challenge the accuracy classification of body camera data, retention and completeness of data with the period for body camera data,release of body administrative and financial burdens on camera data, audit requirements, and written local governments and taxpayers. policy requirements. DP-9. Law Enforcement The Legislature has recently engaged in Technologies conversation about other types of law enforcement technology, such as drones, Issue: To aid law enforcement in work, law facial recognition, etc. enforcement agencies need the flexibility to effectively use all available tools, including Response: Cities and/or law enforcement technology, in a manner that balances agencies should be allowed to decide privacy interests of citizens, transparency of whether to utilize technology and be given their work, and costs related to these the flexibility to decide how they are used technologies. The Legislature has balanced in the field. these concerns in the recent License Plate 128 a) The League supports the continued more police departments are considering use of License Plate Readers under the deploying body-worn cameras in the near terms of the 2015 legislation and future. opposes any further restrictions on their use or any reduction in the The longer body-camera technology is used current 60-day retention period. in Minnesota, the more nuanced questions have become. For example, the Legislature b) With emerging law enforcement recently has engaged in more discussion technologies,the League supports a about how law enforcement uses body- balanced approach to the values of camera technology, when the data should be privacy for citizens, transparency of released, etc. Cities have found redaction for the work of law enforcement, and private data and non-public data to be more discretion to determine what extensive than anticipated, particularly as technologies will be used, such as data practices requests for body-camera data effective use of these technologies, have grown larger in scope and breadth and functional accuracy, emerging law the number of first responders, such as city enforcement needs, communities and county firefighters,paramedics, and served, and costs and benefits of mental health professionals, responding to technology. calls has increased as well. DP-10. Body-Worn Cameras Response: The League supports the continued use of police-worn body Issue: Police-worn body cameras (or cameras under the terms of the 2016 portable recording systems)provide legislation. However, if the Legislature invaluable evidence when investigating makes changes to the body-worn camera crimes and prosecuting criminals and law,the League encourages the strengthen trust of citizens in law Legislature to update the law by enforcement by increasing the accountability adequately balancing the competing between peace officers and the public. values of transparency of police work, Different than other kinds of data,body- privacy interests of data subjects, and camera data use involves the unique integrity of police investigations. complexities of the sensitive nature in its use in private homes as well as the sheer volume DP-11. Open Meeting Law of data in daily use. In 2016, the Legislature contemplated all of these issues and passed Issue: The Open Meeting Laws allows compromise legislation regulating use of certain meetings to be held using interactive body cameras, classification of body camera technology provided that: all members of the data, retention period for body camera data, body can hear and see one another and all release of body camera data, audit discussion and testimony; members of the requirements, and written policy public can see and hear all discussion, requirements. testimony, and votes; at least one member of the body is physically present at the regular In July 2021, the Minnesota Chiefs of Police meeting location; and each remote location Association found that more than 100 is open and accessible to the public. The municipal police departments in Minnesota Minnesota Department of Administration use body-worn camera technology. The use issued an advisory opinion (13-009) that has nearly doubled in the last five years, and allowed a city's use of Skype to conduct a 129 remote meeting under Minn. Stat. § 13.02, in order to participate in local government. subd. 1. A"common sense" approach was The use of social media by elected officials applied to technology questions, which raises issues of compliance with laws that recognizes the difficulty cities must face were drafted before social media existed and when interpreting the Open Meeting Law in increases the likelihood of unintentional light of ever-changing technology. violations. In recognition of these issues, the 2014 Legislature created a social media The Open Meeting Law and other statutes exemption to the Open Meeting Law, Minn. also allows certain state bodies to conduct Stat. § 13D.065, which states that the use of meetings with greater flexibility via social media by members of a public body telephone and interactive technology, does not violate the law so long as the use is pursuant to Minn. Stat. § 13D.015. This limited to exchanges with all members of useful tool should be expanded to local the general public. government to assure that members can attend meetings remotely in this ever- Response: The League of Minnesota evolving virtual world using current and Cities supports the Department of future technology. Administration's interpretation of the interactive technology provision of the Technology has outpaced the Open Meeting Open Meeting Law and encourages the Law. Recent city response to COVID-19 has Legislature to authorize cities to conduct illustrated that remote participation for official meetings by telephone or meetings can allow for meaningful interactive technology, as allowed by interaction with the city and the public. Minn. Stat. § 13D.015. While the legislature recently changed the law to allow for greater participation by The League supports the 2014 change to interactive technology when a state of the Open Meeting Law,which grants emergency has been declared, this change cities and elected officials reasonable was for a limited amount of time. Cities are flexibility to use available technologies to in need of greater flexibility now to utilize communicate with citizens while technology for meetings to protect the health maintaining the protections of the Open of elected officials, city staff, and the public. Meeting Law. Cities also need to keep pace with the virtual world by having discretion to use remote The League opposes any change to the technology in the future, similar to the Open Meeting Law that would expand current discretion of the State of Minnesota. the award of attorney's fees to unintentional violations. The use of Facebook, Twitter, and other social media creates opportunities for cities DP-12. Exceptions to the Open to reach more constituents and to share more Meeting Law information faster than ever before. Social media creates new opportunities for citizen Issue: The purpose of the Open Meeting participation, and citizens increasingly Law generally requires that all meetings of expect that their elected officials will public bodies must be open to the public. provide them with information via the This presumption of openness serves three internet and social media sites. This vital purposes: it prohibits actions from expectation is not always consistent with being taken at secret meetings,to assure the laws that require citizens to attend a meeting public's right to be fully informed, and to 130 afford the public an opportunity to present The second concern with existing law is the views to the public body. The League of inability for public bodies to conduct Minnesota Cities supports the Open Meeting strategic negotiations. Current law allows Law and recognizes the important role it the public body to close a meeting to discuss plays in maintaining the public trust and the the purchase or sale of property and labor accountability of elected officials. negotiations but does not allow the public body to close a meeting to discuss The Open Meeting Law must, however, negotiation strategies for an agreement with balance the need for public information and private parties, non-profit organizations, the need to protect privacy rights and certain and/or public entities. The ability for public negotiation strategies to protect the use of bodies to close meetings in these situations public resources. Currently, there are seven provides public bodies the opportunity to exceptions to the open meeting laws that form strategies in the best financial interest authorize the closure of meeting to the of the community, which is consistent with public. Under these exceptions, some the importance of negotiation regarding meetings may be closed at the discretion of purchase or sale of property and labor the governing body and some must be contracts. closed. Three challenges exist with current law. The third concern is how to include city councilmembers, along with advisory board The first concern is the hiring process for and commission members, wanting to management level positions. While existing remotely participate in meetings as may be law allows a governing body to close a needed. While cities want these members to meeting to evaluate the performance of an participate in city business to their fullest individual subject to its authority, the statute extent, it is also important to protect the doesn't grant the same level of privacy for public's right to see how government works. the city council and prospective applicants. Currently under the interactive technology The statute should allow a governing body exception to the Open Meeting Law in to close a meeting to interview applicants Minn. Stat. § 13D.02, subd. 1, members of for employment if there is a quorum present; public bodies can remotely participate in and, to allow a governing body to close a meetings if they meet certain requirements: meeting to discuss the terms of an (1) all members,wherever their physical employment agreement to offer to a location, can hear and see one another and candidate to whom a job offer has been can hear and see all discussion and extended. This would be consistent with the testimony presented; (2)members of the existing authority for the governing body to public present at the regular meeting close a meeting to discuss labor negotiations location of the body can hear and see all strategy. Allowing a closed meeting so that a discussion and testimony and all votes of the council can discuss the results of an members of the body; (3) at least one interview process for a management-level member of the public body is physically position will allow council members to present at the regular meeting location; and express opinions or ask questions they may (4) each location at which a member is have concerns about discussing in a public present is open and accessible to the public. meeting and preserves the integrity of the The current law allows an exemption from interview process of subsequent candidates. this last requirement if a member(1) is in the military and deployed and(2) has been medically advised not to be in a public place 131 for medical reasons when a state of making their remote location open emergency has been declared. On occasion, and accessible to the public as members of public bodies want to remotely otherwise required under Minn. Stat. attend meetings, but when members have § 13D.02, subd. 1. made their remote location"open and accessible"but no city resident shows up at Such closed meetings should follow the the remote location. COVID-19 has taught same or similar procedures for us that remote participation can allow for conducting closed meetings currently meaningful remote participation and public required under the Open Meeting Law. interaction. However, members of public bodies may want to fulfill their Federal Employment Law responsibility despite medical reasons outside of a state of emergency, travel due to FED-1. Consolidated Omnibus work, or personal travel. Removing the Budget Reconciliation Act requirement for remote locations to be "open (COBRA) and accessible to the public" still preserves the public's ability to hear and see all Issue: The federal Consolidated Omnibus discussion, testimony, and voting by all Budget Reconciliation Act(COBRA) law, participating members while allowing which requires employers to offer continued willing members to participate in city health and dental insurance group benefits business. after an employee terminates, has been interpreted to apply to Employee Assistance Response: The Legislature should amend Programs (EAPs)which provide any form of the Open Meeting Law: medical care, including short term counseling for drug and alcohol addiction. a) To allow a governing body or a The application of COBRA to these committee created by a governing programs results in unlikely and impractical body to close a meeting to interview outcomes and reduces the likelihood that candidates for management-level employers will make them available. Final positions such as city manager, regulations issued in 2014 exempt EAPs that administrator, clerk-treasurer, city do not provide "significant benefits in the attorney, superintendent, or nature of medical care," including EAPs that department head, and to close a provide short term drug and alcohol meeting to evaluate and discuss the counseling, from requirements of the Patient candidates, and discuss salary and Protection and Affordable Care Act (ACA). benefit negotiations. Response: Congress should clarify that b) To allow a governing body to close a EAPs which do not provide significant meeting to discuss negotiation benefits in the nature of medical care are strategies for proposed contracts not subject to COBRA. and/or agreements with private parties, non-profit organizations, FED-2. Flexible Spending Accounts and/or public entities. c) To allow city councilmembers and city Issue: Health care costs are rising board/commission members to dramatically and employees need financial relief. Flexible spending accounts provide participate in meetings without some relief,but the current"use it or lose it" 132 provision for medical spending discourages or tax-free, account-based group health employees from participating in this plans. If a participant of the HRA or program. Though the IRS permits account-based group health plan dies, they carryovers of up to $500, employers that cannot leave the remaining funds to a offer this option may not offer the 2 Y2 designated beneficiary unless the beneficiary month grace period after the end of the plan is a spouse or dependent child who remains year to incur eligible expenses. The enrolled in the HRA. If the employee does Consolidated Appropriations Act(CAA) not have a spouse or dependent child, the provides temporary relief, allowing funds are typically redistributed among plan employers to permit employees to carry over participants. A death benefit provision is an all or some of their unused health and/or attractive feature for many employee groups. dependent care FSA funds from a plan year In 2008, Section 105 of the Internal Revenue ending in 2020 or 2021. Code was amended, with a further amendment in 2015, to include limited In addition, the $5,000 annual maximum exceptions to this general rule but not all limit on dependent care accounts has not city plans meet the requirements of these increased substantially since the program's limited exceptions. inception in 1986 and childcare costs continue to rise significantly. The American Response: Congress should amend Rescue Plan Act of 2021 (ARP)provides Section 105 of the Internal Revenue Code temporary relief, increasing the annual to allow all HRAs and account-based maximum limit for dependent care to health plans for both active employees $10,500 for taxable years beginning after and retirees to include a provision that December 31, 2020, and before January 1, allows the employee to designate 2022. beneficiaries other than spouses and dependents. Such beneficiaries should be Response: The League of Minnesota able to, at a minimum, receive Cities supports legislation that would reimbursement for their medical expenses make permanent the changes in the CAA from the inherited account. to allow employees to roll all unused funds in a health or dependent care FED-4. Federal Public Safety flexible spending account into the next Collective Bargaining Bill plan year, or to allow unused funds to be contributed into a tax-qualified Issue: Congress is considering a bill that retirement plan, or a 457 plan. The would require all states to establish League of Minnesota Cities also supports collective bargaining procedures for all making permanent the $10,500 maximum public safety employees. The bill directs the limit for dependent care accounts,with a Federal Labor Relations Authority(FLRA) cost-of-living inflationary increase each to determine, state by state, whether it meets year after the initial adjustment. the bill's requirements with regard to collective bargaining rights for public safety FED-3. IRS Regulations on Death employees. While it appears Minnesota is Benefits likely to pass the tests set out by the bill, federal public sector lobbyists have Issue: Current IRS regulations do not allow expressed serious concern that the bill is any type of death benefit to be included in a very much open to interpretation. In health reimbursement arrangement(HRA) addition, the bill directs the FLRA to 133 "consider and give weight, to the maximum a) Exempt (from coverage requirements) extent practicable, to the opinion of affected employees under age 26 who are employee organizations." covered by their parents' insurance; Response: The League of Minnesota b) Exempt (from coverage requirements) Cities opposes the federal collective employees who work in recreational bargaining bill for public sector facilities and programs owned and employees. Public sector collective operated by governmental entities; bargaining should be left to the and determination of each state. c) Exempt elected officials from being FED-5. Federal Health Care counted as "employees" for the Reform purposes of the ACA. Issue: Certain provisions of the Patient FED-6. Amended Internal Revenue Protection and Affordable Care Act Code Regarding 403(b) Retirement (commonly referred to as the federal health Plans care reform law or Affordable Care Act (ACA)) are problematic for cities. These Issue: Section 403(b)(1)(A)(ii) of the issues range from administratively difficult Internal Revenue Code allows an employer to very costly. Tracking employee hours, that is a State, a political subdivision of a particularly hours of seasonal and temporary State, or an agency or instrumentality of a employees and council members, is State or a political subdivision of a State to burdensome and will require significant establish a 403(b) retirement plan for administrative time and effort. Because most employees who perform services for of these employees will not qualify for educational organizations as described in coverage under the ACA, the effort does not Section 170(b)(1)(A)(ii) of the Internal result in a worthwhile outcome. There are Revenue Code. This provision of the also situations where employees who are Internal Revenue Code allows employees to currently working more than 30 hours per defer substantially more income for week in a city will now be eligible for health retirement savings than their city care coverage by that city,which will drive government employee counterparts. While up city costs significantly, particularly for government employees who do not perform cities using the "duty crew" concept at fire services for an educational organization may stations to ensure adequate daytime participant in a 457(b) deferred response. Finally, there are provisions which compensation plan, they may not participate require the city to offer coverage to full-time in a 403(b) retirement plan. Government students who are already covered by their employees who perform services for an parents' insurance and do not need the educational organization are able to coverage through the city, which results in participate in both a 403(b)plan and a wasted effort. 457(b) deferred compensation plan. Furthermore, as a result of the 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: 134 coordinated with elective deferrals made to a employers, and benefit administrators and 403(b)plan for purposes of complying with may lead to unintended and unexpected tax the limit on pre-tax contributions to either consequences for employees and employers plan. Both employee groups serve the public who may not be aware at the time an HSA and should be treated similarly under the contribution is made that the monthly Internal Revenue Code for purposes of tax- limitation for that month will be zero if the deferred retirement savings plans." employee applies for Medicare within the following six months and the coverage is Response: Congress should amend effective retroactively under this rule. Section 403(b)(1)(A)(ii) of the Internal Furthermore, if an employer provides Revenue Code to allow an employer that contributions to an HSA as part of its benefit is a State, a political subdivision of a package, then the rule may limit the benefits State, or an agency or instrumentality of a an active employee can receive from their State or political subdivision to establish a employer. 403(b) plan for all of its employees, regardless of whether they perform Response: Congress should amend services for an educational organization. Section 223(b)(7) of the Internal Revenue Code to provide that the limitation on FED-7. Amended Internal Revenue contributions to a health savings account Code Regarding Health Savings for any month with respect to any Account Eligibility and Medicare individual shall be zero for each month Enrollment beginning with the later of(i) the first month in which such individual is entitled Issue: Section 223(b)(7) of the Internal to benefits under title XVIII of the Social Revenue Code provides that the monthly Security Act or (ii)the month in which limitation on contributions to a health such individual submits a valid savings account (HSA) is zero starting with application for benefits under title XVIII the first month in which an individual is of the Social Security Act. entitled to Medicare benefits. A person becomes entitled to Medicare benefits when their Medicare coverage becomes effective. In many cases, Medicare coverage is effective on a retroactive basis. Specifically, when an individual is required to submit an application for Medicare coverage, the Medicare coverage will be effective retroactively up to six months before the month in which the application is filed (depending on the date on which the individual first become eligible for Medicare coverage) as described in 42 CFR §406.6(d). The IRS has indicated that the monthly limitation on HSA contributions included in Section 223(b)(7) applies during any retroactive period of Medicare coverage. This rule is confusing to employees, 135 IMPROVING FISCAL FUTURES FF-1. State-Local Fiscal Relations retroactive adjustments to local government aid (LGA) and similar Issue: Since the 1970s, services provided by programs, unallotments of the Minnesota cities have been largely funded appropriation and the imposition of levy through a combination of property taxes, limits do not facilitate prudent financial state aids, and state property tax relief planning and decisions. In addition, programs. This system of municipal finance during a past state government shutdown has evolved to ensure that municipal the Department of Revenue indicated that services can be funded without excessive despite the standing LGA appropriation, local tax burdens. the shutdown of many state government operations would prevent the distribution Over the past decade, the state-local of the LGA. partnership has vacillated with the state budget, challenging the ability of city Adequacy. The revenue sources available officials to plan for the future fiscal needs of to cities and the state must raise adequate their communities. funds to meet city needs, to fund mandates, and to maintain Minnesota's Response: The League of Minnesota long-term competitiveness. Cities supports a strong state-local fiscal partnership. The state-local fiscal system, Flexibility. As cities become increasingly and any future modifications, should be diverse in their characteristics and as consistent with the following principles: existing aid and credit programs have eroded, a "one-size-fits-all" system that Accountability. Cities believe a viable limits all cities to the property tax as the partnership with the state requires cities major, non-state aid revenue source is and the state to communicate effectively increasingly unworkable. Some cities with each other and with the public about have sufficient property tax base to their roles and responsibilities. Cities and sustain an adequate service level, but the state must also exercise sound many do not. Cities should have greater financial stewardship,including access to other tax and revenue sources maximizing efficiencies in service delivery than currently permitted. and other means of cost containment whenever possible. Equity. All citizens should receive adequate levels of municipal services at Certainty. Cities need to have more relatively similar levels of taxation. This certainty and predictability in all of their means that the state should provide available revenue sources, including the financial assistance to cities that have property tax,the amount of funding they high costs, including costs related to receive from local government aid and overburden created by non-resident users similar programs and from other sources of city services, low fiscal capacity, or of revenue. The past practice of both. State financial assistance should also reduce tax burden disparities among 136 communities and between cities and directed to the state budget reserve until the surrounding areas. account reaches a targeted level. FF-2. Economic Contributions by Response: To increase the stability of the Cities state budget and avoid or reduce the impact of future state budget deficits, the Issue: Cities provide and maintain the Legislature: physical infrastructure as well as the social and economic infrastructure necessary to a) Must consider all budget stabilizing support a large share of the state's economic options, including revenue increases, activity. In addition, cities play a major role with a particular focus on changes in statewide economic development that improve the stability of the state's activities that assist businesses with revenue stream; expansion and job creation. The importance b) Must not further reduce funding for of cities to the overall vitality of the state's property tax relief programs to cities economy is frequently overlooked in state policy discussions. and taxpayers; Response: To provide lawmakers with c) Must not accelerate the remittance of information on the economic activity sales tax collections by retailers occurring within cities, the Department of including municipal liquor operations, Revenue should annually collect and and should make steps to reverse past compile information on major state tax accelerations; collections within each city,in addition to d) Must consider the aggregate impact county and regional reports. on Minnesota taxpayers of previous FF-3. State Budget Stability budget cuts and tax increases; e) Must reinstate detailed estimates of Issue: Legislative actions to address past inflationary increases to expenditure state budget deficits have included estimates in the state budget forecast; permanent reductions in funding to local units of government for programs such as 0 Should continue to build at a local government aid as well as the full minimum, a five-percent budget elimination of programs such as the market reserve and should establish state value homestead credit. In addition, the budget stability as a state priority.; Legislature has frequently relied on short- term solutions that have only shifted a large g) Should modify the unallotment statute share of the deficit problem into the next to place a reasonable statutory limit biennium without permanently addressing on the percentage and timing of the the state budget problems. state's budget that can be unallotted during a biennium without legislative The legislature has taken steps to reduce approval; and state budget volatility. As required under state law, 33 percent of any state general h) Must emphasize long-term budget fund budget surplus identified in the solutions and budget stability and the November state budget forecast must be continuation of both state and local government operations. 137 i) The League of Minnesota Cities jeopardized the long-term stability of the supports the principle of program. representative democracy and opposes limiting the Legislature's flexibility in For 2019 only, the Legislature included a making financial decisions through one-time payment acceleration that new Constitutional amendments. distributed 14.6 percent of each city's 2019 LGA by June 15, with a second payment of FF-4. Funding Local Government 35.4 percent on July 20 and a final payment Aid of 50 percent on December 26. For 2020 and beyond, LGA payments will again be made Issue: Local government aid(LGA) is an to cities in two equal installments on July 20 important component in the state's property and December 26 each year. This tax relief system, and a critical tool to help distribution occurs late in the city fiscal year equalize tax base to ensure needs for public and can create short-term cash flow services can be met. To avoid undue challenges for some cities. pressure on the property tax, funding for LGA must keep pace with inflationary Response: In order to reduce pressure on pressures. The 2021 legislature added $5.5 the property tax, and to equalize property million in one-time supplemental aid to tax bases,the League of Minnesota Cities offset any LGA formula reductions for 96 continues to support the LGA formula as cities. That supplemental aid will sunset the appropriate mechanism to distribute after the 2022 distribution. LGA resources. In addition, the League supports: For 2022, the total unmet formula need(the difference between each city's formula- a) regular increases in the LGA determined need and ability to raise appropriation revenue) is $744.9 million, leaving the current formula appropriation $180.5 b) restoration of the annual inflation million below the total unmet need. The adjustment to the LGA program to 2022 unmet need is down by $31.5 million move toward funding the total unmet from the 2021 formula unmet need of need of all cities. $776.4 million. c) a permanent acceleration of the In recent years, bills have been introduced annual LGA payment schedule to that would have created offsets to a city's assist cities with cash flow needs. LGA distribution if the city imposed a local d) The League opposes: sales tax, spent funds for activities related to lobbying or a World's Fair, or would have e) targeted reductions to specific cities or reduced or eliminated LGA if the city groups of cities as well as reductions enacted ordinances to ban plastic bags, or offsets for local policy or impose certain local labor laws, ordinances, expenditure decisions. or policies that restrict city employees from enforcing immigration laws, unauthorized With the pending release of decennial ordinances related to diversion programs. census information,the League Such changes would have been a significant acknowledges that the current formula is deviation from the practice of using the due for a review and possible update to formula to distribute LGA and could have reflect more recent fiscal and 138 demographic information used in the and financial reports including but not "need" and "capacity" calculations. limited to: The legislature should avoid creating a) Summary budget reports (Minn. Stat. § side-pots or special appropriations 6.745); through the LGA (Minn. Stat. ch. 477A) program. If special circumstances such as b) Summary budget information for the a natural disaster warrant additional proposed budget, which is sent to the state assistance to specific cities, the county for the annual tax hearing process criteria for the additional aid should be (Minn. Stat. § 275.065, subd. 3b); specifically enumerated and the appropriation should be separate and in c) Treasurers report to the city clerk(Minn. addition to the appropriation through the Stat. § 412.141); general LGA formula. d) Statement of tax collections and other FF-5. State Charges for income by clerk to the city council Administrative Services (Minn. Stat. § 471.69); e) Report on outstanding obligations and Issue: Currently, some state agencies have the purpose for each issue filed with the wide discretion in setting the fees for special county auditor(Minn. Stat. § 471.70); services they provide to local governments. f) Publication of summary budget Response: State agencies should be statement (Minn. Stat. § 471.6965); required to justify their service fees or for increases in existing service fees and not g) Publication of statement of liquor store charge more than what is fair, reasonable, operations (Minn. Stat. § 477A.017); and proportionate to the cost of service. Agencies should give adequate notice of h) Liquor store audited financial statements increases to allow local governments to (Minn. Stat. § 471.6985); budget for the increases. State agencies should set administrative service fees as i) TIF district plan and amendments (Minn. close as possible to the marginal cost of Stat. § 469.175, subd. 4a); providing the service. Local government should be given the option to self- j) TIF district annual disclosure (Minn. administer or contract with the private Stat. § 469.175, subd. 5); sector for the service if the state cannot provide the service at a reasonable cost. k) TIF district annual financial report (Minn. Stat. § 469.175, subd. 6); FF-6. Reporting Requirements 1) Business subsidy reporting (Minn. Stat. Issue: Budget and financial reporting §§ 116J.993-.995); requirements imposed on cities by the state often result in duplication and additional m) State required financial activity reports costs. In addition to the state mandated (Minn. Stat. § 6.74); annual audits under Minn. Stat. §§ 471.697- n) Local improvement requirements (Minn. .698, cities are required to prepare and submit or publish numerous other budget Stat. § 429.031); 139 o) Development and permit fees report Finally,the legislature must not increase (Minn. Stat. § 326B.145); reporting burdens for local units of government.Any new reporting p) Utility annual financial statements requirement should have a clearly defined (Minn. Stat. § 412.381); statement of purpose and public need not currently met with existing reports, a q) Housing and redevelopment authority sunset date to facilitate a future annual financial report (Minn. Stat. § discussion of the usefulness of the 469.013); and requirement as well as full state funding for the costs associated with a new r) Federal single audit or a program- reporting mandate. specific audit(31 U.S.C. § 7502 (a)(1)). s) A temporary reporting requirement for FF-7. Taxation Duplication the federal American Recovery Plan Act Issue: In Minnesota, local governments distributions. occasionally provide residents and Many cities have expanded the availability businesses similar types of services. For of information on their web sites in response example, counties maintain a sheriff's office to citizen requests and some cities have while in many cities, police services are begun using new tools to assist citizens in provided by the city to their residents and understanding the city budget. Expanding businesses. When the county levy for the state mandated financial reporting sheriff's operations is spread across the requirements could force cities to redirect county, city residents and businesses are scarce resources to the state mandate and being taxed for services that are not being stifle innovative ways to communicate with provided within the city or are being citizens. provided at a lower level. Response: Requirements for reporting Similarly, in some areas, the county and advertising financial and budget provides 9-1-1 dispatching services funded information should be carefully weighed through the property tax that is spread across to balance the need for information with the county but the county may also require the administrative costs of compiling and cities to contribute to the 9-1-1 operations submitting this information. In addition, through the city budget and property tax the legislature should direct all state levy. As a result, city businesses and agencies to review existing local residents are effectively paying twice for government reporting mandates and dispatch services—once through the county eliminate redundant or superfluous levy and again through the city levy. requirements. To this point, the Response:Where similar services are legislature should consolidate municipal provided by different levels of local government financial reporting government, property tax levies for those requirements in the Office of State services should onlyapply to those areas Auditor, include an electronic submission pp y alternative to any remaining paper filing receiving the service. Additionally, requirements and authorize the use of counties should be prohibited from web publication where newspaper requiring cities to contribute to services that are being funded through the county- publication is currently required. wide property tax levy. 140 FF-8. Direct Property Tax Relief valuation increase determined by the Programs assessor. Issue: In 2013,the legislature expanded the FF-9. Sales Tax on Local homeowner property tax refund(PTR) Government Purchases program and renamed it the Homestead Credit Refund program. As a direct taxpayer Issue: The local government sales tax relief program, the Homestead Credit exemption enacted in 2013 and expanded in Refund avoids the problems with the former 2014 does not apply to all city purchases. Market Value Homestead Credit system Some purchases for municipal enterprise where the state provided a credit on the operations, such as liquor stores and golf homeowner's property tax statement but did courses are excluded from the exemption. In not always reimburse cities and counties for addition, in order to receive the sales tax the amount of the credit. exemption on construction materials under current law, cities must bid labor and Response: The League of Minnesota materials separately and also designate a Cities supports providing additional, contractor to be a purchasing agent on direct property tax relief through an behalf of the city. The existing Department expansion of the Homestead Credit of Revenue rules (Minn. Rule 8130.1200, Refund program, the renters' refund subp. 3) are complex and the program,the targeting program or other implementation can be so complicated that it programs that provide property tax relief can cost cities more money to implement directly from the state to taxpayers. In than they will save on the tax exemption. addition,the League supports the 2013 Finally, although cities currently do not pay legislation that requires the Department the motor vehicle sales tax on marked police of Revenue to notify potentially eligible vehicles or firefighting vehicles, other city homeowners of the program and would vehicles are not exempt from the motor also support legislative modifications to vehicle sales tax. these programs to eliminate the taxpayer filing requirement thereby making the tax The 2021 legislature extended the sales tax relief payments automatic. refund process under Minn. Stat. § 297A.71 and Minn. Stat. § 297A.75 to contractor The League opposes property tax credit purchases of construction materials, supplies programs that reimburse local units of and equipment incorporated into public government for reduced tax burden such safety buildings for initial construction, as the former market value homestead remodeling, expansion and improvements credit system due to the fact that the for public safety facilities owned by local reimbursements to local units of units of government. The refund process government can be cut while the credit to also applies to materials used in related the taxpayer remains on the property tax facilities such as access roads, lighting, statement. In addition, the League sidewalks and utility components. opposes reinstituting Limited Market Value, a program that reduces the taxable Response: In order to ensure that value of individual properties based on taxpayers receive the full benefit of the assessor's valuation increase. Limited local government sales tax exemption: Market Value creates inequities between similar properties based solely on the 141 a) The exemption should apply to all more than 20 states with sales taxes have not purchases made by local units of adopted the SSUTP standards. government; Response: Federal tax policy should not b) The process to receive the exemption place main street businesses at a for construction materials used in competitive disadvantage to electronic local government projects should be retailers, must not jeopardize repayment simplified or added to the a refund of bonds backed by state and local sales process now available for local tax revenues, and should ensure stability government public safety facilities; in state and local revenues. To address the and challenges created by the growth of electronic commerce,the League of c) The exemption should be extended to Minnesota Cities continues to support the all local government purchases that multi-state effort to develop a streamlined would otherwise be subject to the sales tax system. motor vehicle sales tax in Minn. Stat. ch. 297B. Should Congress intervene,the League would support nation-wide sales tax FF-10. Taxation of Electronic administration standards based on the Commerce model developed by the Streamlined Sales Tax Project. The League will oppose Issue: The 2018 U.S. Supreme Court Congressional efforts to reverse remote decision [South Dakota v. Wayfair, Inc., 585 retailer collection requirements. U.S. (2018)] overturned two earlier Supreme Court decisions [Quill Corp. v. FF-11. Local Lodging Taxes North Dakota, 504 U.S. 298 (1992) and National Bellas Hess v. Department of Issue: In 2011, the legislature amended Revenue, 386 U.S. 753 (1967)] that had Minn. Stat. § 297A.61 to define prevented states from requiring retailers accommodation intermediaries and clarified without a physical presence from collecting that their services are subject to the state state and local sales taxes on purchases sales tax as part of the tax imposed on made by state residents and businesses. lodging. Local lodging taxes collected by the state for local units of government under A group of 23 states participating in the Minn. Stat. § 469.190, subd. 7, also clearly Streamlined Sales Tax Project have worked apply to services provided by these together for more than 18 years to simplify accommodation intermediaries since these the administration of state and local sales taxes are required under Minn. Stat. § taxes and reduce the administrative burden 270C.171 to use the definition for tax base on retailers. The success of this project was contained in the general sales tax statute. referenced in the Wayfair decision. Since 2011, some accommodation Despite the Supreme Court's Wayfair intermediaries have not been collecting and decision, new legal challenges could be filed remitting locally-administered lodging taxes by remote retailers or Congress could based on the full cost of the accommodation intervene to address remaining sales tax plus the accommodation intermediary administration issues including the fact that services. There are currently 120 cities and towns that individually or jointly impose 142 lodging taxes for tourism purposes under baseload plants will continue to have them Minn. Stat. § 469.190. Another five cities for decades to come. impose a lodging tax that is administered locally under special law. Four local lodging Currently the taxation of electric generation taxes are currently administered by the state. personal property represents the best method for reimbursing host communities for the Response: The League of Minnesota cost of hosting IOUs. However, a 2015 MN Cities supports legislation that will clarify Department of Revenue study on electric that all lodging taxes,whether generation taxation has generated proposals administered by the state or administered to change the state system of taxing electric locally, apply to the total charges to the generation which raise equal or greater customer, including charges for services revenues for host cities. provided by accommodation intermediaries. Response: Personal property taxes on attached electric generation machinery FF-12. Taxation of Electric are a fair way to spread the Generation Personal Property environmental and economic costs of electric generation power plants among Issue: Investor-owned utilities (IOUs)have all IOU shareholders and ratepayers. The a longstanding relationship with Minnesota League of Minnesota Cities supports the cities. IOUs site baseload power plants in continuation of personal property taxes host communities, and in exchange pay paid by IOUs to host communities for personal property tax on attached generation existing and new facilities or a tax system machinery to the cities, counties and school which generates equal or greater revenue districts hosting the plants. These plants for host communities. As the Department bring jobs to our communities,but they also of Revenue analyzes methods of utility create nuisances such as air pollution, taxation in its Study of Electric Energy nuclear waste, noise, vibration, and coal Producing Systems (Session Law 2014, train traffic. They also create security risks Chapter 308),the League supports the and take up land that could be used for inclusion of these environmental and other, less disruptive commercial and economic costs in assessing the industrial development. Cities believe appropriate property taxes paid to host personal property taxes paid by IOUs are a cities by electric generation facilities. fair compensation for the environmental and economic costs of hosting baseload power FF-13. Electric Generation plants. Taxation Reform IOUs argue that personal property tax relief Issue: Currently, electric utilities are subject is important to pass along to their to a personal property tax on personal shareholders and ratepayers. However, only property which is part of an electric a few IOU shareholders and ratepayers generating, transmission, or distribution actually live in the communities hosting system. This tax has a number of baseload power plants. Further, almost all exemptions and exclusions which make a new power plants receive personal property patchwork of taxation statewide. The tax exemptions from the Legislature, while Department of Revenue issued a report on host communities with existing, non-exempt February 15, 2015 which laid out the details of this tax system, stating, "The utility tax 143 base comprised of these energy producing Revenue would assess the value of the facilities is not predictable. The "electric transmission line tax base" unpredictability is a result of law and rule according to the number of miles of electric changes that determine the amount of utility transmission within the taxing jurisdiction, tax base available for host communities." the value of the "electric substation tax base according to the sum of the capacity of a Cities which host investor-owned utility substation, and the value of the "electric base load power plants have faced distribution line tax base" according to the unpredictability in tax base from both number of customers in the taxing changes to state law regarding the personal jurisdiction that receives an electric property tax on electric generation distribution. equipment and from changes in valuation due to the upgrade/depreciation cycle of These new tax bases define the value for equipment. purposes of the ad valorem tax of hosting jurisdictions. The Minnesota Legislature has introduced a reform to the system of taxing electric Factors such as inflation affect the expenses generation. It repeals the personal property of host cities, so any proposal to change the tax and all of its exclusions and exemptions system of taxing electric generation should and replaces it with an"electric generation account for changes in value over time, tax base"which is subject to local property using an independently reported adjustment taxes. This proposal also repeals the factor for changing values over time. personal property tax on transmission and distribution and creates a"Valuation for Statutory changes to the system of electric Electric Transmission Line Tax Base," a generation taxation should not adversely "Valuation for Electric Substation Tax affect host city tax revenues. Any proposal Base" and an`Electric Distribution Line to change the system must include some Tax Base." form of replacement aid which compensates cities for adverse effects due to changing The proposal defines the tax base for electric state law on electric generation taxation. generation in a new way for electric generation plants which use coal, oil, natural Response: The personal property tax on gas, nuclear fission,biomass and flowing electric generation equipment as well as water to generate electricity. Under the the exemptions, exclusions and sliding proposal, the Department of Revenue would scales to that tax represent a patchwork annually assess the tax base of electric of taxation rules statewide. Changes to generation machinery under a set of state law which replace the personal statutory formulas. The new valuation which property tax on electric generation replaces the value of electric generating equipment with a tax base valuation equipment is based on a combination of an based on electric generation capacity, individual facility's nameplate capacity, production, nuclear storage, transmission, average energy production and amount of and distribution will benefit IOU host nuclear waste storage. cities so long as the change comes with a factor to increase the tax base valuation The proposal also replaces the taxable value over time and reimbursement to cities for of electric transmission and distribution with revenues lost due to a change in state law. statutory formulas. The Department of 144 FF-14. Support for Transitioning these baseload power plants are retired by Communities the IOUs. Issue: Technological advancements and Response: The League of Minnesota market forces are rapidly changing the Cities recognizes that the energy electric generation industry. Investor-owned landscape is rapidly changing and utilities (IOUs) in Minnesota are increasing supports state policies to replace tax base the share of their electric generation in communities facing the closure of a portfolios that are made up of renewable baseload power plant, as well as other generation sources like wind and solar, policies or programs to help those while planning to decrease the share of communities replace their local tax base electric generation that is derived from through economic development. The baseload power plants that produce energy League of Minnesota Cities also support from coal or nuclear sources. Due to the efforts by the state legislature to study, deep and longstanding relationship IOUs analyze, and design policy solutions to have with some Minnesota cities, the address the unique challenges these possible retirement of these power plants communities face. stands to have a significant disruptive effect on these cities. FF-15. Taxation of Municipal Bond Interest Cities that host baseload power plants make significant investments to support those Issue: The federal and state laws that grant a plants, including infrastructure, public tax exemption to bondholders for municipal safety, and disaster preparedness. To bond interest lowers borrowing costs for compensate for this, IOUs pay personal cities and reduces property tax levies. property tax on electric generation Recent proposed Internal Revenue Service machinery. For some cities, these revenues rules would potentially restrict some local can account for over 50% of the city's government entities such as housing and annual budget. Moreover, IOUs have other redevelopment authorities, economic significant direct and indirect impacts on development authorities and port authorities host communities. IOUs tend to employ from issuing tax exempt bonds. significant numbers of employees at baseload power plants. Those employees are Response: Congress and the state should likely to live, work, attend school, and shop maintain the tax exemption for municipal in and around the local community. bond interest income. Congress should Therefore, the of the retirement of these also clarify the law to supersede proposed plants would have significant negative IRS rules and thereby continue to allow impacts on these communities. housing and redevelopment authorities, economic development authorities and While the power that is generated at these port authorities to issue tax exempt debt. facilities goes to support the entire state of Minnesota, the impacts of hosting these FF-16. Pollution Control plants is felt most acutely in these local Exemption communities. Therefore, state lawmakers should partner with these communities and Issue: Minnesota grants electric utilities and support their transition in the event that several other industries a property tax exemption for personal and real property 145 that is primarily used for pollution control. FF-17. Representative Democracy Minnesota adopted the property tax and Local Control exemption that now extends to electrical generation systems, agricultural operations, Issue: The League has identified several and wastewater treatment facilities in 1967, legislative attempts to restrict local control before water and air pollution were heavily over local budgets, fees and ordinances. In regulated by the Environmental Protection 2015, the House omnibus tax bill included a Agency and the Minnesota Pollution Control reverse referendum provision that would Agency. The language and the purpose of allow a small number of voters (ten percent these statutes have evolved through the of those voting in the last general election) years. When states first began adopting to petition for a referendum on a general city these tax incentives in the 1960s, they hoped property tax levy increase. The outcome of to encourage utilities, industrial plants, and the election could reverse the decision of the others to install pollution control equipment. local elected officials on the local budget Gradually, as regulation increased, states and property tax levy after months of adopted the exemptions to help companies planning and public hearings. offset the cost of the equipment. As recently as the 2013 legislative session, This tax benefit erodes local tax bases. In the legislature-imposed levy limits on cities 2013, more than $1.8 billion of personal and over 2,500 population for one year. Levy real property for electrical generation was limits replace local accountability with a exempted from the market value of utilities. state judgment about the appropriate level of The incentive value of this benefit is low local taxation and local services. because utility companies are required to Additionally, state restrictions on local install the equipment anyway. In addition, budgets, ordinances and fees can these companies frequently recover the cost unnecessarily restrict the abilities of city of the equipment through rate riders granted councils to respond to local needs and also by the Public Utilities Commission. have a negative effect on a city's bond rating Allowing the pollution control equipment due to the restriction on revenue flexibility. exemption places the cost of this equipment on the citizens of the host community,rather Levy limits also fail to account for the than the purchasers of electricity. decertification of tax increment financing districts. Upon decertification, the property Response: The pollution control taxes that were formerly collected and used exemption places an undue burden on to support the public improvements in the host communities without incentivizing TIF district can no longer be collected at the the environmentally responsible behavior same rate and used to support ongoing that it was originally created to general city operations. encourage. The League of Minnesota Cities supports narrowing or eliminating Response: Local elected officials are the pollution control equipment elected to make decisions about local exemption for investor-owned electric issues and concerns and act to meet generation facilities. The League would community needs in the short-term and also support allowing utilities to continue the long-term. City councilmembers and to recover their costs relating to the city mayors are elected by the citizens of pollution control equipment by spreading their community to represent them in the those costs to electricity users. decision-making processes for and on 146 behalf of their communities. Those In 2021, the legislature added Minn. Stat. § elected to serve are best suited to make 275.065, subd. 3b that requires cities over decisions closest to the people most closely 500 population to provide the county with affected. They make decisions about their summary budget information consistent with activities in their city which are reflective the summary budget report submitted to the of their adopted municipal ordinances State Auditor under Minn. Stat. § 6.745 for and annually adopted fee schedules. Local the proposed budget and the current budget. budgets, fees and ordinances are based on Although the requirement was delayed until each particular city's own particular the process to set 2023 budgets, cities will unique community needs, attributes and have a new, complicated reporting process considerations. The League of Minnesota that will add considerable information to the Cities supports the principle of annual proposed property tax statement. In representative democracy that allows addition, rather than explaining city's local officials to make decisions without proposed budget, the amount of new state or other restrictions. information could overwhelm taxpayers. FF-18. Tax Hearing and Response: Cities should have the Notification Process authority to increase the final levy from the preliminary levy with the approval of Issue: Cities must set a preliminary levy by the commissioner of the Department of September 30, which is the levy used to Revenue, to meet additional, unforeseen compute the parcel-specific property tax and uncontrollable needs, including notification forms. With only a few limited arbitrator awards resulting from labor exemptions (e.g., voter-approved levies, negotiations, the impact of new and levies for natural disasters and levies for existing federal or state mandates certain tort judgments), this preliminary including administrative rules, or other levy, by law,becomes the maximum that non-discretionary budget factors. cities can levy the following year. As a result, cities may be unable to budget for The tax hearing and notification law unforeseen needs that arise after September should be carefully reviewed to assure 30. that the legislative intent is reflected in the statutes. The 2009 Legislature eliminated the separate tax hearing requirement and Specifically, the League of Minnesota replaced it with a requirement that the public Cities supports the following: be allowed to speak at a regularly scheduled meeting on the budget and tax levy. These a) Modifying Minn. Stat. § 275.065 to changes erroneously repealed an exception clearly and fully exclude cities of to the tax hearing and notification process population 500 and under from the for cities adopting their levies at or less than budget and levy hearing the current rate of inflation. requirements; City officials have found it difficult to b) Reinstating the exception to the tax explain to local taxpayers not only the hearing and notification requirements effects of their budget and levy decisions but for cities with more than 500 residents also the separate effects of the actions of the with a proposed levy increase below state Legislature. the implicit price deflator (IPD); and 147 c) The summary budget information and local preferences, some cities are being requirement enacted under the 2021 criticized for maintaining "excessive" omnibus tax bill should be evaluated reserves. As the recent pandemic unfolded, for effectiveness and value to there were calls to delay tax payments by taxpayers. The requirement should be property owners, citing city fund balances as converted to a suggested option and evidence that cities could absorb cash flow cities should be able to substitute their delays. established local process and format to explain their proposed budget to The Office of the State Auditor(OSA) taxpayers. report measures city fund balances on December 31, shortly after the city receives In order to assist local officials with the its largest sources of revenue from the challenge of explaining legislative changes property tax and state aid distributions. to the property tax system, legislators Measuring at this time, however,yields a should attend and be encouraged to picture of a high fund balance even though participate in local government budget the city will spend down these funds to cash hearings in their districts. flow the next five to six months of its operations. FF-19. General Election Requirement for Ballot Questions Response: The state should respect local decisions on adequacy of local fund Issue:Under current state law, when cities balances. The League of Minnesota Cities are required to seek voter approval on a opposes any attempt to divert local ballot question or where statutes allow reserves to benefit the state budget or use voters to petition for an election on a council reserves as a rationale for state aid cuts or action(reverse referendum), these referenda property tax payment delays. can generally be held at a general or special election. This flexibility allows cities to FF-21. Local Option Sales Tax and respond to local circumstances in a timely City Revenue Diversification manner. Issue:Under current state law, the property Response: Cities should be allowed to tax is the only generally accessible form of conduct elections on ballot questions at a local tax revenue for cities. Allowing cities date and time set by the city council and to diversify their revenue stream would help that complies with existing election prevent rapid additional future reliance on notification statutes. the property tax. FF-20. City Fund Balances The basic public finance rationale for diversification of local tax systems is rooted Issue: As a component of a prudent in the fact that economists generally agree financial management plan, cities maintain a that there is no perfect tax. Each tax has fund balance composed of cash flow funds, unique strengths and weaknesses and the savings for projects, and rainy-day reserves more intensively any single tax type is used, to maintain high level bond ratings and to the more obvious its shortcomings become. minimize borrowing costs. Although the size For example, the property tax is generally of a city's fund balance should be regarded as being very stable throughout the determined through local financial needs economic cycle and it is considered to be a 148 relatively easy tax to administer and enforce. b) Public libraries; However, when property tax burdens become too high, there may be negative c) Parks,trails, and recreational consequences for other public policy facilities; objectives such as business development and home ownership. d) Overpasses, arterial and collector roads, or bridges, on, adjacent to, or In addition to avoiding the problems created connecting to a Minnesota state by excessive reliance on any single tax, a highway; balanced and diversified revenue system for Minnesota cities may create a more e) Railroad overpasses or crossing safety favorable business climate and provide for improvements; greater stability of revenues to the recipient government unit throughout the course of 0 Transportation infrastructure the economic cycle. improvements, including construction, repair of roadways, bridges and Under Minn. Stat. § 297A.99, the airports; Legislature has created a set of local sales tax rules and a defined process by which g) Flood control and protection; cities and other political subdivisions can h) Water quality projects to address impose a general local option sales tax. groundwater and drinking water Although the statutory process requires the city council to adopt a resolution supporting pollution problems; the local sales tax, the process continues to i) Court facilities; require the authorization of the local sales tax by the Legislature through the passage of j) Fire,law enforcement, or public safety a special law before finally seeking voter facilities; or approval at a general election. k) Municipal buildings. City requests for sales tax authority continue to increase. In 2019, the legislature granted Local sales taxes would follow the process local sales tax authority to an additional 16 outlined in Minn. Stat. § 297A.99 but cities and in 2021, an additional 16 cities without the need for the approval by the were authorized to conduct a referendum to Legislature and governor through the impose new or expanded local sales taxes. passage of special legislation. The requirement that local sales tax referenda Response: Cities should be able to occur at a general election under Minn. diversify their sources of revenues. The Stat. §297A.99, subd. 3 should be clarified League of Minnesota Cities continues to to allow the referendum to occur at any support a statutory change to generally November election, regardless of whether allow a city to enact a local sales tax for a city has candidates or questions on the public improvements and capital ballot or a special election. replacement costs,including but not limited to those specified in the 2019 State law should also be modified to legislation: generally authorize any city to impose other types of taxes such as a local payroll a) Convention or civic centers; tax or an entertainment tax with the 149 adoption of a supporting resolution by the Many cities also have policies related to city council and after approval by the utility company services and products that voters at a general or special election. could be supported under conditions of a franchise agreement, such as local In addition, Minn. Stat. § 469.190 should renewable energy and energy efficiency amended to allow cities to impose up to a programs. Current statutes do not explicitly five percent local lodging tax and to allow provide city authority to include those types cities to modify the uses of their local of performance conditions in a franchise lodging tax revenues to meet local needs. agreement. Cities should also have general authority to create utilities, similar to the storm Under current law, cities are permitted to sewer utility authority, in order to fund engage citizens when discussing a new or local services where benefit or usage of renewed franchise fee arrangement in the the service can be measured. manner that best fits the community. A recent legislative proposal would have FF-22. City Franchise Authority added a prescriptive notification and reverse referendum requirement to the process of Issue: Under Minn. Stat. ch. 216B and imposing or renewing a franchise agreement Minn. Stat. § 301B.01, a city may require a with a gas or an electric utility. public utility furnishing gas or electric utility services or occupying streets, highways or Response: Municipal authority to collect other public property within a municipality franchise fee revenues from utilities is an to obtain a franchise to operate within the important and equitable mechanism to community. In addition, cable system offset the costs of maintaining public operators are required to obtain a franchise right-of-way and to generate a return on under Minn. Stat. ch. 238. a publicly held asset. Municipal franchise authority must be preserved and should Under a franchise,the city may require the be expanded to allow city policy priorities utility to pay a fee to the municipality to to be addressed through conditions in raise revenue or to defray increased franchise agreements that have the cost municipal costs, such as maintenance and covered by local ratepayers, where reconstruction costs, accruing as a result of appropriate, and can be accomplished utility operations, or both. within the local franchise boundaries. The League opposes adding a one-size-fits-all State law currently allows the franchise fee notification requirement and a reverse to be based upon gross operating revenues referendum procedure to the gas and or gross earnings of the utility from its electric franchise fee process. In addition, operations in the municipality. In this in situations where a local provider manner, all utility users within the decides to sell their operations, the city municipality contribute to the public costs must have the right of first refusal to associated with the utility operation. In the purchase the assets of the utility. absence of franchise fees, municipal costs resulting from utility operations are FF-23. Utility Valuation Transition currently being funded by property Aid taxpayers. Issue: In 2007, the Minnesota Department of Revenue revised its rules regarding the 150 valuation of electric and natural gas utility utilities. These other efforts could property. This change in the rules resulted include, but are not limited to, increasing in valuation changes for utility property that the class rate on utility property to the dramatically reduced the amount of revenue extent that it would offset the negative that local governments will collect in effects of the utility valuation rule change. property tax from these utilities. FF-24. State Assistance for Recognizing that the communities that host Property Tax Refunds for State- these utilities bear extraordinary burdens Assessed Property connected with stress on local infrastructure, public safety, and public nuisance due to the Issue: State law requires certain property, presence of these facilities in their including pipelines, railroad, utility property communities, the Legislature created the be assessed for property taxation purposes Utility Valuation Transition Aid program. by the Minnesota Department of Revenue. This program compensates host When companies challenge the valuation of communities that have lost more than 4 these properties, local units of government percent of their net tax capacity as a result of may be required to refund excess taxes, Department of Revenue's rule changes. which in some cases, can create financial Currently the taxation of electric generation hardship for local units of government and personal property represents the best method their taxpayers. for reimbursing host communities for the In 2021, the legislature appropriated $29.4 cost of hosting IOUs. However, a 2015 MN million from the state's general fund to Department of Revenue study on electric reimburse a pipeline company for the tax generation taxation has generated proposals court judgment. However, this one-time to change the state system of taxing electric appropriation will not provide assistance to generation which raise equal or greater other recent tax court decisions. revenues for host cities. Response: The state should establish a Response: The League of Minnesota permanent program to provide financial Cities supports the continuation of the compensation to all units of local Utility Valuation Transition Aid program government for court ordered property and opposes any efforts to change tax refunds where the state has statutory language or to divert promised determined values. funds away from host communities for any purpose unless statutory language FF-25. Transition for Property replaces promised funds with equal or Acquired by Tax-Exempt Entities greater revenue to host communities. If the Legislature does determine that it is Issue: When an existing taxable property is necessary to re-allocate the funds in the acquired by a tax-exempt entity other than a Utility Valuation Transition Aid program city or a city development authority or for another purpose, the League supports otherwise becomes tax exempt and removed other legislative efforts that would from the tax base, the taxes formerly paid by compensate the host communities for the the property owner are shifted to other, economic and environmental costs of remaining taxable properties within the hosting these facilities through jurisdiction. When the acquired property is a reimbursement from the investor owned 151 large percentage of the tax base of a city or FF-27. Housing Improvement other local unit of government, the shift in Areas and Special Service Districts taxes can be substantial. Petitioned by Business Response: The state should establish a Issue: In 1996, cities were granted general program to provide financial compensation to all units of local authority under Minn. Stat. §§ 428A.11-.21 government for court ordered property to use Housing Improvement Areas (HIAs) tax refunds where the state has in order to finance housing improvements determined values. for condominium and townhome complexes. Several cities around the state have used this FF-26. Payments for Services to tool, and found it to be a useful mechanism for maintaining older association homes. Tax-Exempt Property The 2013 Legislature also granted HIA Issue: Taxable property in many cities is authority to a county Community being acquired by nonprofit and government Development Authority(CDA). As part of entities. Converting the property to tax- that authority, the CDA is required to gather exempt status can lead to serious tax base local approval before creating an HIA. erosion without any corresponding reduction in the service needs created by the property. In 1996, the Legislature also gave cities the general authority to create Special Service In 2013, legislation was introduced that Districts (SSDs)under Minn. Stat. would have broadly exempted non-profit §§ 428A.01-.101. Cities around the state property from paying user fees or service have used this tool to provide an increased charges for any service funded in part with level of service to commercial or industrial property taxes over the previous five years. areas, commonly in areas of retail Under certain circumstances, this proposal concentration. SSDs are established at the could have potentially exempted non-profits request of local businesses, who ultimately from paying for even utility charges. pay for and benefit from the increased level Response: Cities should have the of service. A SSD may be established authority to collect payments from anywhere in a city but only business statutorily-exempt property owners to property(i.e. commercial, industrial,utility, or land zoned for commercial or industrial cover costs of service similar to the use) will be subject to the service charge. authority provided under the special Some special services have included street assessment law. The League of Minnesota and sidewalk cleaning, snow and ice Cities opposes legislation that would removal, lighting, si na e'parking,parking exempt non-profits from paying for user g g p g fees and service charges that help fund enforcement, marketing and promotion, landscaping, and security. An SSD may be services these organizations use. established only by petition and the city adopts an ordinance to establish it. Minn. Stat. §§ 428A.09-10 establishes procedures for the business owners in the SSD to veto or end the SSD. The 2013 legislature extended the sunset for both tools for 15 years, making it set to expire on June 30, 152 2028. In 2017, the House considered imposed on properties for a particular legislation that was ultimately unsuccessful improvement that benefits those selected to repeal the general SSD authority for properties. Cities follow complex, time- cities. There are currently over 15 cities that consuming statutory special assessment have established SSDs around the state. procedures to specially assess the appropriate amount of the local As cities work to develop and/or redevelop infrastructure improvements to those commercial, industrial, and residential areas, properties. new ways of paying for and providing increased levels of service should be If a property with validly attached special available to local entities. Use of Special assessments goes into tax-forfeiture, the Service Districts in mixed-use development county auditor cancels all of the local is one tool that could be available for this special assessments due and remaining purpose. unpaid on each parcel, which is authorized in Minn. Stat. § 282.07. Therefore, the city Response: The Legislature should give loses the funds previously budgeted and cities permanent authority to create HIAs planned for to pay for the local and SSDs. The League of Minnesota improvements. To underline this point, the Cities supports the authority for cities to funds have already been expended and if not work with their business communities to collected,result in losses to the city. establish SSDs and opposes efforts to restrict general authority of the tool. When tax-forfeited land returns to private ownership, and the parcel benefitted from an The League also supports the potential improvement for which the city canceled use of SSDs for mixed-use districts that special assessments because of the include residential and forfeiture, the city may assess or reassess the commercial/industrial properties. The parcel. But cities must go through the same law should be reviewed to determine to cumbersome notice and hearing procedures what extent mixed-use properties can and in order to re-attach the assessments. should contribute to a Special Service District from which they will benefit. The Response: The Legislature should remove League would support legislation that cancellation of local special assessments expands SSDs to include mixed-use from state law, allowing cities to receive development to the extent it balances the the funding validly assessed and counted benefits and obligations of residential on to fund local infrastructure properties within the district. improvements. If the Legislature grants multi- FF-29. Distribution of Proceeds jurisdictional entities the authority to from the Sale of Tax-Forfeit create HIAs, creation of an HIA must Property require local approval. Issue: When properties go into tax forfeiture FF-28. Tax-Forfeited Properties all levels of government lose tax revenue and Local Special Assessments that would otherwise support the services they provide. It is always in the best interest Issue: Special assessments are a charge, of taxpayers to return these properties to the authorized by the Legislature and state law, tax rolls as quickly as possible. 153 Although the tax forfeiture process is deduction for administrative expenses and controlled by the county, and counties have the repayment of special assessments for a legitimate need to be reimbursed for forest development projects and then 20 reasonable administrative costs, the city percent of any remaining proceeds for often has more at stake financially in terms county parks and recreation projects. The of costs fronted to facilitate development structure of the distribution of the proceeds (e.g., assessments for public infrastructure frequently results in cities receiving a very and unpaid development or utility fees). small percentage of the initial forfeit sale While the tax forfeit procedure provides a proceeds. As a result, cities may not recoup process for the repayment of special even a portion of the unpaid taxes or special assessments, it does not require the assessments owed on a property. repayment of unpaid utility charges or unpaid building and development fees. In most cases, cities and counties work Further, due to large assessments that some collaboratively to ensure that properties are cities are left with, it may not be practical to returned to the tax rolls quickly to benefit all sell a tax-forfeited property subject to a taxpayers. However, when consensus is not special assessment, and city taxpayers may reached,the tax forfeiture statutes place be forced to absorb the sunk costs of a cities at a disadvantage and can project in order to sell the property. disproportionately burden the taxpayers of the city in which the properties are located. State statutes governing the apportionment of the proceeds from the sale of tax forfeit Response: The League of Minnesota property allow counties to first recover Cities believes the tax forfeiture statutes administrative costs related to the tax should be reviewed and amended as forfeiture process before subsequent necessary to ensure that the needs of city allocations are made for special assessments and county taxpayers are properly and hazardous waste cleanup associated balanced. Specifically,the League with the property. State law is unclear supports changes in the distribution of whether the proceeds from a tax forfeiture the proceeds from the sale of tax forfeit transaction should be used to reimburse the property contained in Minn. Stat. § county only for the expenses associated with 282.08 to elevate the priority for the transacted parcel, or if the proceeds can repayment of unpaid charges for be used to reimburse the county for electricity,water and sewer charges administrative costs associated with other certified pursuant to Minn. Stat. § parcels that were not transacted. When the 444.075, subd. 3(e), and any unpaid fees latter allocation method is employed by a prescribed pursuant to Minn. Stat. § county, the transaction proceeds can be 462.353, subd. 4(a), to require those disproportionately applied to county unpaid charges and fees to be repaid administrative costs resulting in a lower immediately after unpaid special allocation of remaining proceeds to cover assessments. existing special assessments, hazardous waste cleanup costs and ultimately the final The proceeds from the sale of a tax allocation of residual tax forfeit sale forfeited parcel should be used to pay the proceeds to cities. assessments and administrative and development costs for the transacted In addition, counties are allowed to use 30 parcel. Minn. Stat. § 282.09 should be percent of the amount remaining after the amended to prevent the proceeds from 154 the sales of a tax forfeited parcel to be goal of preserving jobs,industries, and used to pay excessive administrative costs communities. or the costs for other parcels in the county until the city is fairly reimbursed for The state response should allow for the unpaid assessments and development use of new technology and best costs of the transacted parcel. management practices for any reconstruction of infrastructure to lessen Before the final distribution of any the impact of future disasters and to remaining proceeds from the sale of tax mitigate the effects of disasters resulting forfeited land are distributed to cities, from future extreme weather events. counties, and school districts, Minn. Stat. § 282.08(4)(i) and (ii) give counties the FF- 31. Library Funding right to take up to half of those proceeds for county forest development and county Issue: State law requires that local park and recreation areas. The League governments maintain a minimum level of also supports the elimination of these funding for public library services. This is separate statutory apportionments while collectively known as "state-certified levels allowing counties to use their designated of library support," or more commonly 40 percent share of the remaining known as, "maintenance of effort(MOE)" proceeds for these uses. and is described in Minn. Stat. § 134.34. FF-30. State Hazard Mitigation and A majority of public libraries in Minnesota Response Support belong a regional library system, which is the entity that receives library funding from Issue: Cities in Minnesota are exposed to the Minnesota Department of Education. Six extreme weather events such as winds, of the 12 regional library systems are flooding, fires, and drought and are facing structured as a federated system where the the severe financial consequences of the individual libraries or library systems clean-up, repairs, and community social and operate autonomously from the regional economic recovery, even though damages library system but they can utilize certain may be deemed"not of such severity and services such as inter-library loan magnitude" as to qualify for federal distribution, digital card cataloging,which assistance. capitalize on economies of effort from partnering with the other libraries in the Response: The League of Minnesota regional system. The MOE for any city that Cities calls on our legislators and state taxes separately for library services is now executive agencies charged with hazard set at 90% of the amount established in 2011 mitigation planning to address not only a (see Minn. Stat. § 275.761). In 2011, it was response to extreme weather events but to calculated using a formula that included also put into place a proactive strategy to payments made in the form of the library minimize or mitigate the financial employee salaries,payments toward consequences. At a minimum,this effort operating the facility,purchasing materials should offer a reasonable loan funding from the library, and other operating costs, program that is easily accessible by cities, adjusted net tax capacity, and several other businesses and homeowners to financially factors. The other half of the state's public recover and rebuild,with the ultimate library systems are consolidated systems, where the regional library system runs the 155 libraries through a joint powers agreement Some cities also contribute a supplemental with counties and participating cities. The amount of funding separate from MOE regional library system has a board and hires requirements,usually to pay for building the director. A city that participates in the maintenance costs. When the state calculates regional system will have an MOE the required MOE for each local unit of (calculated as described above). The city government, local building costs are MOE may include dollars provided directly included in city MOE requirements and all to the regional library system or operating monies cities contribute to a library dollars provided to support building costs building, except capital, are taken into (i.e. city-provided maintenance services). account. The MOE requirement is a mandate on cities that does not allow for local In the metropolitan area, the seven county decision making. However, it provides a library systems and one city library system stable source of funding to protect the belong to the Metropolitan Library Services investment in library resources and services Agency(MELSA), the metro area regional around the state. There are some groups that library system. Most of the cities that are advocating for a restoration of the MOE operate libraries independently from their to levels at least as high as the 2010 level. county library system belong to MELSA as affiliates of their county library system. The Response: The League of Minnesota funding of libraries in MELSA may be from Cities supports sufficient, stable and a county levy, a city levy, a city library fund equitable funding for local libraries to from the general city levy or a combination. allow for local budget decision making. The League urges the state legislature to Most libraries not only serve city residents, increase funding for Regional Library but also serve people that reside outside of Basic System Support in order to amend city limits who, in some cases, are not fully the distribution of these funds to provide contributing to the upkeep, maintenance or more stability and equity to each of the 12 operations of the library through property regional public library systems. tax levies. While counties do contribute to Specifically, the LMC supports: municipal libraries, this support falls well short of the per capita amounts contributed a) Amending the distribution formula to by city residents. increase the Basic System Services factor from 5% to 15% and reduce City officials support libraries and believe the Equalization factor from 25% to that a system of equitably funded libraries is 15%; needed. One approach that has been previously approved by the Legislature is b) Increasing the total appropriation providing for funding through regional tax from the current$13.57M/year to an levies designated as "library districts."A amount necessary to hold all 12 district would have the authority to levy for regional systems harmless through the public library services in lieu of their formula change. member cities and counties. Under Minn. Stat. § 134.201,the Great River Regional The League supports changes to the Library System and the East Central library maintenance of effort by the Regional Library System already have Legislature as follows: authority to create "library districts." 156 a) The required annual payment should Officers (SROs) are valued professionals in reflect the amount the city itself pays school communities and provide support, toward maintenance, upkeep, and safety and security for students, staff and the capital improvements to the library in public. Further, SROs can provide regular that year. opportunities for informal, positive interactions between students and police b) If the MOE reduction in Minn. Stat. § personnel. 275.761 is restored to a level at least as high as the 2010 level, it should be Under Minn. Stat. § 126C.44, the Safe phased in over three years. Schools Levy allows school districts to levy for costs associated with student and staff c) Any relief provided to the county safety based on student enrollment numbers. MOE requirement should not result in Some eligible expenses include police additional funding requirements to liaison services; drug abuse prevention cities. programs; gang resistance education training; school security; crime prevention; The League also supports the creation of and implementation of student and staff general authority for library systems to safety measures. create library taxing districts and the authority for municipal libraries to Using Safe Schools Levy authority, local charge non-residents for membership school boards may raise additional resources and/or other services without the loss of for school safety and security. Almost every any State or Federal aids. Minnesota school district currently levies the full amount of$36 per pupil. This FF-32. Park and Library Land Tax amount does not cover the full cost of Break providing this important service, and local law enforcement agencies are not being fully Issue: As the price for land increases, it is compensated for providing SROs. becoming more difficult for cities and other local units of government to compete with Response: The League supports developers to save and secure land and increasing the maximum Safe Schools easements that are deemed appropriate for Levy from $36 per pupil up to $60 per park, library, trail, and green spaces. pupil to ensure schools and communities are able to continue providing safe Response: The state should amend the tax schools programming. laws to provide tax incentives for property owners who sell land and FF-34. Equitable Funding of easements to local units of government Community Education Services when the land is to be used for park, library,trail or green space purposes. Issue:Under Minn. Stat. § 124D.20, school districts are authorized to levy for FF-33. Increasing Safe School Levy community education programs that can Authority include youth recreational activities. However, state statute limits the total Issue: Strong partnerships between schools amount of revenue that can be raised by the and local law enforcement are critical to school district to fund community education school safety. Police School Resource programs and this limit has not been 157 sufficiently increased in recent years. In The existing reverse referendum process many instances, cities participate in the assures that taxpayers could trigger a funding of these programs and with the referendum on the issuance of bonds if statutory limit on the amount school districts they can meet the five percent petition can levy, the increased cost of these threshold. programs is increasingly falling on cities and their property taxpayers. In areas where the FF-36. 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. and when to schedule the replacement projects. Cities are often only able to carry Response: The League of Minnesota out these and other vital improvements by Cities supports a statutory increase in the issuing bonds and assessing some amount of community education revenue the cost to property owners. authorization for school districts. Increasing the amount of the community Issuing bonds to finance most local service revenue available to school improvement projects requires a special districts would provide a steady source of election unless the city can legally collect at revenue,which would be assessed against least 20% of the project costs through all properties in the school district, not special assessments. As a legal limit, cities just against properties in the city. cannot collect special assessments from any property greater than the increase in fair FF-35. Street Reconstruction Bond market value bestowed to that property by Approval the improvement(the "special benefit test"). On occasion, the increase in property values Issue:Under Minnesota law, financing the as a result of the improvement can fail to maintenance of streets can be a challenge for add up to the 20%threshold necessary to city councils. Minn. Stat. § 475.58, subd. 3b, finance projects without requiring a special authorizes a city council,by two-thirds vote, election. to approve the issuance of bonds to finance street reconstruction or bituminous overlays Response: In order to facilitate the without voter approval. The two-thirds financing of public infrastructure council approval requirement is further projects,the threshold for requiring voter subject to a reverse referendum process approval for issuance of improvement whereby a number equal to five percent of bonds under Minn. Stat. § 429.091 should those voting in the last municipal general be reduced to 15 percent. This change election can petition for a referendum to would provide more flexibility for cities approve the issuance of the bonds. with their construction/bonding/assessment Response: Street maintenance is one of decisions and may be more likely to the essential functions of cities in survive a challenge while still providing Minnesota. The laws governing issuance value to the property owner. of bonds to maintain streets should be amended to allow the approval of the bonds by a simple majority of the council. 158 FF-37. Impacts of Property Tax should provide cities with cash-flow Payment Delays assistance to avoid costly short-term borrowing and to avoid delays in debt Issue: Due to the severe economic impacts service payments. of the pandemic, many counties exercised their authority to temporarily waive FF-38. State Fund for Non-weather- penalties on late payments of property taxes related Disaster/Catastrophe Relief due on May 15, 2020. In addition, the legislature discussed a state-mandated delay Issue: Municipalities and other in property tax payments to help governmental units are at risk of homeowners and businesses address the experiencing disastrous events affecting financial impacts of the pandemic. Delaying their communities beyond natural disasters, property tax receipts can create cash-flow whether from civil disturbances, industrial challenges for cities and can negatively catastrophes, or other disastrous events. impact debt service payments that are Such events may result in unbudgeted and aligned with the May 15 and October 15 unfunded costs related to clean-up, repairs, payment dates for most property taxpayers. "social" and economic recovery, infrastructure restoration, rebuilding With the impacts of the pandemic extending structures, and other damage repair which into the foreseeable future, counties may may not be qualify for relief from Federal again decide to temporarily waive penalties resources. While some limited State for future property tax payment deadlines resources may be available, cities do not and the legislature could revive discussions have the resources to respond to such of a mandatory delay in the property tax disasters. payment dates. Response: The League of Minnesota Response: The Legislature and counties Cities supports the creation of a state should avoid modifying the property tax fund to assist local communities in repair payment structure to avoid creating and response to these disastrous events financial problems for cities. If delays are with the ultimate goal of preserving jobs, permitted, the legislature and counties industries, and communities. 159 L0 LEAGUE MC MINNESOTA CITIES League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 TEL: (651) 281-1200 (800) 925-1122 FAX: (651) 281-1299 WEB: www.lmc.org 160 OftwasCoo MUNICIPAL LEGISLATIVE COMMISSION MLC 2022 LEGISLATIVE PLATFORM — DRAFT Housing and Home Ownership Housing is a top priority for MLC cities, particularly in supporting affordable home ownership for low to moderate income residents. Increasing access to home ownership for black, indigenous, and people of color is a high priority for our Association. A variety of housing options within each of our cities is important, however MLC is focusing its efforts on access to starter homes. Specifically, supporting initiatives and funding to secure and maintain existing housing stock (NOAH) as well as find ways to incentivize builders to bring affordable housing options to our cities. Opportunities for affordable home ownership continue to be a challenge in our communities for a number of reasons, including an underproduction of new home construction for the past 10 years, the high cost of land, building materials, and labor, the exceptionally active real estate market, institutional investors purchasing existing homes with significant conversion to rental as well as other market forces. In order to address this challenge, a variety of housing solutions will be necessary to provide more affordable home ownership opportunities including significant State investments. Below are some potential solutions that MLC supports to increase access to affordable home ownership: I) Support for Affordable Home Ownership a. Create a statewide first-time home-buyer program b. Support financing opportunities for BIPOC first-time home-buyers c. Provide state funding for community land trusts d. Incentivize production of affordable homes by: i. Supporting a state tax exemption/credit ii. Supporting a state program to waive city fees for production of affordable homes (based on the definition of affordability) II) Collaboratively address statewide housing cost drivers a. Streamline state building codes and determine if existing codes create competitive advantages for neighboring states b. Eliminate duplication and redundancy between the agencies involved in the storm water permitting process III) Preserve existing affordable homes a. Support NOAH preservation grants b. Continued investment in housing infrastructure bonds. c. Expand NOAH Preservation programs to include townhome and condominium ownership IV) Preserve local autonomy and community characteristics a. Support city authority to protect existing tax payers and recover costs associated with development activity b. Preserve local government authority for land use decisions-zoning and regulatory controls c. Recognize benefits of having a diverse collection of communities that provide choices across the housing spectrum Infrastructure and Transportation Investments According to census data, MLC cities combined are among the biggest job producing areas in the state with over half a million employees (619,470) compared to Minneapolis/St. Paul with a combined total of 518,637. Along with those jobs comes added congestion and demand on transit and roads in MLC Cities. MLC supports increased, regionally balanced, investment in transportation and infrastructure to maintain and grow a robust transportation network. Specific policies and programs supported by MLC include: a. Increased investments in Corridors of Commerce b. Increased investments in Transportation Economic Development c. Passage of a robust, regionally balanced bonding bill that includes significant investment in suburban communities. d. Full funding of required state match so that Minnesota can take advantage of increased federal investments in infrastructure. e. Flexibility for cities to impose infrastructure fees so the costs of new development aren't shifted onto existing taxpayers. Workforce Support and Economic Expansion As the Governor's Council on Economic Expansion recently noted, housing and workforce issues are closely related. MLC supports the Council's recommendations on Housing and on increased investments in economic development. Specific policies and programs supported by MLC in this area include: a. Increased investment in the Minnesota Investment Fund (MIF) b. Increased investment in the Job Creation Fund (JCF) c. Partnership and coordination at the local, state and federal level to maximize federal investments in economic development d. Support the recommendations of the Governor's Council on Economic Expansion, especially investments that help all-levels of government support businesses and innovation in their communities. Tax Policy and Local Issues MLC supports local control, including in the areas of taxes and fiscal policy. MLC supports policies that promote greater stability and predictability in the fiscal relationship between the state and local units of government. Specific policies and programs supported by MLC in this area include: a. Simplifying the process for a sales tax exemption on construction materials for cities, counties, school districts and other local governments. b. Preserve the integrity of the Fiscal Disparities Program by not removing revenue from the pool to pay for one-off legislative priorities. c. Support Repeal of the Local Government Salary Cap For questions about the MLC's Legislative Program, please contact: • Tom Poul tpoul@messerlikramer.com • Katy Sen ksen@messerlikramer.com • Shiloh Huddleson slarson@messerlikramer.com • or call Messerli I Kramer, P.A. at 651-228-9757. A special thanks to our Legislative Program Subcommittee members: Bill Droste, Mayor, Rosemount Mike Funk,City Manager, Minnetonka Dave Callister,City Manager, Plymouth Mike Maguire Mayor, Eagan Doug Anderson, Mayor, Lakeville Justin Miller City Administrator, Lakeville Jamie Verbrugge,City Manager, Bloomington Rick Getschow City Manager, Eden Prairie(MLC Vice Chair) Jason Wedel,City Manager, Prior Lake Terry Schwerm City Manager,Shoreview Jim Hovland, Mayor, Edina (MLC Chair) Tom Lawell City Administrator,Apple Valley Kirt Briggs, Mayor, Prior Lake METRO CITIES Association of Metropolitan Municipalities Legislative Policies January 2022 Metro Cities Association of Metropolitan Municipalities 145 University Ave. W. St. Paul, Minnesota, 55103-2044 Phone: (651) 215-4000 Website: www.MetroCitiesMN.org Fax: (651) 281-1299 Twitter: @MetroCitiesMN Ms.Patricia Nauman Mr. Charlie Vander Aarde Mr.Michael Lund Ms.Jennifer Dorn Executive Director Gov't Relations Specialist Gov't Relations Specialist Office Manager (651)215-4002 (651)215-4001 (651)215-4003 (651)215-4004 Patricia@a,MetroCitiesMN.org Charlie@a,MetroCitiesMN.org Michael@MetroCitesMN.org Jennifer@MetroCitiesMN.org Table of Contents Municipal Revenue & Taxation 1 1-A State and Local Fiscal Relationship 1 1-B COVID-19 Pandemic Assistance 2 1-C Revenue Diversification and Access 2 1-D Restrictions on Local Government Budgets 3 1-E Budget and Financial Reporting Requirements 3 1-F Local Government Aid(LGA) 3 1-G State Property Tax Relief Programs 4 1-H Property Valuation Limits/Limited Market Value 5 1-I Market Value Homestead Exclusion Program(MVHE) 5 1-J Metropolitan Area Fiscal Disparities Program 5 1-K Constitutional Tax and Expenditure Limits 6 1-L State Property Tax 6 1-M Class Rate Tax System 6 1-N Regional Facility Host Communities 6 1-0 Sales Tax on Local Government Purchases 7 1-P City Revenue Stability and Fund Balance 7 1-Q Public Employees' Retirement Association (PERA) 7 1-R State Program Revenue Sources 8 1-S Post-Employment Benefits 8 1-T Health Care Insurance Programs 8 1-U State Budget Stability 9 1-V Taxation of Electronic Commerce 9 1-W Payments for Services to Tax Exempt Property 9 1-X Proceeds from Tax Forfeited Property 9 1-Y Vehicle Title and Registration System (VTRS) 10 1-Z Special Assessments 10 General Government 11 2-A Mandates, Zoning & Local Authority 11 2-B City Enterprise Activities 11 2-C Firearms on City Property 11 2-D 911 Telephone Tax 12 2-E 800 MHz Radio System 12 2-F Building Codes 12 2-G Administrative Fines 13 2-H Residential Programs 14 2-I Annexation 14 2-J Statewide Funding Sources for Local Issues with Regional Impact 15 2-K Urban Forest Management Funding 15 2022 Legislative Policies Table of Contents 2-L Pollinator Habitat Resources 16 2-M Regulation of Harmful Substances and Products 16 2-N Private Well Drilling Restriction Authority 16 2-0 Organized Waste Collection 17 2-P Election Administration 17 2-Q Utility Franchise Fees, Accountability and Cost Transparency 18 2-R Water Supply 18 2-S Regulation of Message Therapists 19 2-T Peace Officer Arbitration Reform 20 2-U Public Safety Training and Resources 20 2-V Race Equity 20 Housing & Economic Development 22 Policies 3-A to 3-J: Introduction 22 3-A City Role in Housing 22 3-B City Role in Affordable and Life Cycle Housing 23 3-C Inclusionary Housing 24 3-D Metropolitan Council Role in Housing 25 3-E Allocation of Affordable Housing Need 26 3-F Housing Performance Scores 27 3-G State Role in Housing 28 3-H Federal Role in Affordable and Workforce Housing 30 3-I Vacant, Boarded, and Foreclosed Properties and Properties at Risk 31 3-J Housing Ordinance Enforcement 32 3-K Economic Development, Redevelopment and Workforce Readiness 33 3-K (1) Economic Development 33 3-K (2) Redevelopment 34 3-K (3) Workforce Readiness 35 3-L Tax Increment Financing(TIF) 35 3-M Eminent Domain 37 3-N Community Reinvestment 38 3-0 Business Incentives Policy 39 3-P Broadband Technology 39 3-Q City Role in Environmental Protection and Sustainable Development 40 3-R Impaired Waters 41 Metropolitan Agencies 42 4-A Goals and Principles for Regional Governance 42 4-B Regional Governance Structure 43 4-C Comprehensive Analysis and Oversight of Metropolitan Council 43 2022 Legislative Policies Table of Contents 4-D Funding Regional Services 44 4-E Regional Systems 44 4-F Regional Water Supply Planning 45 4-G Review of Local Comprehensive Plans 45 4-H Comprehensive Planning Process 46 4-I Comprehensive Planning Schedule 47 4-J Local Zoning Authority 47 4-K Regional Growth 48 4-L Natural Resource Protection 49 4-M Inflow and Infiltration(I/I) 50 4-N Sewer Availability Charge(SAC) 51 4-0 Funding Regional Parks & Open Space 52 4-P Livable Communities 52 4-Q Density 53 Transportation 55 Transportation Policies and Funding Introduction 55 5-A Road and Bridge Funding 55 5-B Regional Transit System 56 5-C Transit Financing 57 5-D Street Improvement Districts 58 5-E Highway and Bridge Turn Backs & Funding 58 5-F "3C" Transportation Planning Process: Elected Officials' Role 59 5-G Electronic Imaging for Enforcement of Traffic Laws 59 5-H Transportation Network Companies and Alternative Transportation Modes 59 5-I Airport Noise Mitigation 60 5-J Funding for Non-Municipal State Aid(MSAS) City Streets 60 5-K County State Aid Highway(CSAH) Distribution Formula 61 5-L Municipal Input/Consent for Trunk Highways and County Roads 61 5-M Plat Authority 61 5-N MnDOT Maintenance Budget 62 5-0 Transit Taxing District 62 5-P Complete Streets 62 Committee Rosters 64 Municipal Revenue & Taxation 64 Housing & Economic Development 65 Metropolitan Agencies 66 Transportation & General Government 67 2022 Legislative Policies Municipal Revenue & Taxation 1-A State and Local Fiscal Relationship A functional state and local fiscal relationship must emphasize adequacy, equitability, sustainability and accountability for public resources and communication among the state, cities, and public. An effective partnership must also emphasize practices that strengthen collaboration and partnership between the state and local units of government. Services provided by cities are traditionally funded through a combination of property taxes, fees and state aids. Increasingly, cities are bearing more costs for services that have historically been the responsibility of the state. Metro Cities supports a state and local fiscal partnership that emphasizes: • Strong financial stewardship and accountability for public resources that emphasizes maximizing efficiencies in service delivery and effective communicationbetween the state and local units of government and the public. • Reliable, stable and adequate revenue sources including the property tax and local government aids, and dedicated funds to meet specific local government needs. Metro Cities opposes diverting dedicated funds or local aids for the purpose of balancing state budgets. • Sufficient revenue sources available to cities that allow cities to address local needs and citizens to receive adequate services at relatively similar levels of taxation, and that maintain local, regional and state economic vitality and competitiveness. • Full state funding to cover mandates enacted by the state, and flexibility for local governments in implementing state mandates to ensure local costs are minimized. • Local decision-making authority regarding the terms and conditions of employment for local government employees, including compensation, recognition, andbenefit decisions. • Adequate and timely notification regarding new legislative programs or modifications to existing state programs or policies to allow cities sufficient time to plan for implementation and to manage any effects on local budgeting processes. • Support for cooperative purchasing arrangements between the state and local unitsof government. Such arrangements must be structured to be able to address unexpected delays or other challenges in the procurement of goods, so that any disruptions to local government operations and services that may result from such delays are minimized. Stateofficials should seek local feedback in the vetting of product vendors. • The concept of performance measuring, but opposition to using state established 2022 Legislative Policies 1 Municipal Revenue & Taxation measurements to determine the allocation of state aids to local governments or restrict the ability of local governments in establishing local budgets and levies. 1-B COVID-19 Pandemic Assistance In 2020, $841.4 million of the state's allocation of the Coronavirus Relief Fund (CRF)was distributed to cities, counties, and townships. Metro Cities supported the distribution of the CRF funds to assist cities in addressing local service needs and expenses related to the COVID-19 pandemic, including certain personnel costs as well as local service and operational improvements and modifications required to ensure public health and safety. Metro Cities supports additional federal assistance to municipalities to address revenue losses including property taxes, utility and permit fees, local sales taxes and other revenue streams, resulting from the COVID-19 pandemic, and supported funding appropriated through the federal Local Fiscal Recovery Fund under the American Rescue Plan Act. Metro Cities is monitoring federal rules on uses for funds as well as federal and state requirements and processes. Metro Cities supports clarity in the guidance on the uses of funds and flexibility in eligible uses that allows local officials to sufficiently address varied local needs and challenges resulting from the pandemic. Metro Cities will monitor additional direction and clarity on uses and requirements as funds are distributed. Metro Cities supports state financial assistance to address the long-term financial effects of the pandemic on local government budgets and revenues, and changes to state laws to allow cities temporary flexibility in the use of unobligated tax increment financing (TIF) increment and unobligated local sales and lodging tax revenues, to address local financial challenges resulting from the pandemic. Metro Cities supported 2021 statutory changes that allow unobligated increment to be used to assist businesses. 1-C Revenue Diversification and Access Metro Cities supports a balanced and diversified revenue system that acknowledges diverse city characteristics, needs and revenue capacities and allows for greater stability in revenues. Metro Cities is monitoring the effects of 2019 laws that modified statutory requirements for local option sales taxes and continues to support the ability of a city to impose a local option sales tax for public improvements and capital replacement costs using local processes specified by law but without the need for special legislation. Metro Cities supports having local sales tax referendums conducted at a general or special election. The Legislature should recognize equity considerations involved with local sales taxes and continue to provide aids to cities that have high needs, overburdens and/or low fiscal capacity. Metro Cities supports a modification to state laws governing local lodging taxes to allow cities to impose up to a five percent local lodging tax, and the ability of cities to modify the uses of revenues to meet local needs. 2022 Legislative Policies 2 Municipal Revenue & Taxation Metro Cities supports current laws providing for municipal franchise fee authority and opposes statutory changes such as reverse referendum requirements or other constraints that would reduce local authority and flexibility for establishing, amending, or renewing franchise fees and interfere with local public processes and goals for establishing such fees. 1-D Restrictions on Local Government Budgets Metro Cities strongly opposes levy limits, reverse referenda, super majority requirements for levy and valuation freezes, or other restrictions on local government budgeting and taxing processes. Such restrictions undermine local budgeting and taxing processes, planned growth, and the relationship between locally elected officials and their residents by allowing the state to decide the appropriate level of local taxation and services, despite varying local conditions and circumstances. 1-E Budget and Financial Reporting Requirements State laws require cities to prepare and submit or publish numerous budget and financial reports. These requirements often create significant costs to cities, and some requirements result in duplication. Additional reporting requirements should have a clearly defined statement of public purpose and need not covered under existing requirements and should balance the need for additional information with the costs of compiling and submitting the information. Considering the numerous existing reporting requirements, Metro Cities supports reducing the number of mandated reports. Metro Cities supports efforts to consolidate municipal government financial reporting requirements in the Office of the State Auditor, including an electronic submission alternative to any remaining paper filing requirements, and to authorize the use of web publication where newspaper publication is currently required. Additional statutory requirements to the local truth-in-taxation process were enacted that will take effect in 2022. While Metro Cities recognizes that the additional requirements are intended to enhance citizen involvement in budget processes, the new requirements are significant and will be administratively challenging to produce and disseminate. Existing requirements are expansive and were designed to maximize citizen engagement in budgeting processes. Metro Cities supports a legislative review of current and new requirements, with local official input, prior to the law taking effect. 1-F Local Government Aid (LGA) The state's prosperity and vitality depend significantly upon the economic strength of the metropolitan region, and cities within the region play critical roles in fostering the economic development,job creation and business expansion that underpin the state's economic health. Metro Cities supports the city Local Government Aid (LGA) program as a means of ensuring cities remain affordable places to live and work while meeting the public service needs of residents and businesses. 2022 Legislative Policies 3 Municipal Revenue & Taxation 2013 statutory modifications to the LGA formula improved program factors to better recognize city needs and capacities. However, the distribution of aid continues to be geographically disparate, and unstable for some cities. Several metropolitan cities have experienced precipitous and significant reductions in aid. Metro Cities supports further examination of the LGA formula and capacity and need factors,the distribution of aid between metropolitan and non-metropolitan cities, and stability factors in the distribution of aid. A review should include opportunities for input by metropolitan city officials as program modifications are considered, to ensure that formula factors adequately reflect capacities, needs and circumstances of metropolitan cities. To ensure appropriation levels are adequate to meet program objectives, Metro Cities supports increasing the LGA appropriation to address cities' unmet need as defined by the LGA formula as well as increases in the LGA appropriation to account for inflation. By way of reference, the total need identified in the LGA formula for 2020 is estimated at $745 million, whereas the current funding is set at $564.3 million, putting the remaining need at $180.7 million. Metro Cities supports formula-based allocations for increases to the LGA appropriation, and opposes freezes of the LGA appropriation, reductions of LGA for balancing state budget deficits, and diversions of the LGA appropriation to other purposes or entities. Metro Cities also opposes artificial limits or reductions that single out specific cities, and further opposes using LGA as financial leverage to influence activities and policy decisions at the local level. 1-G State Property Tax Relief Programs Metro Cities supports state funded property tax relief programs paid directly to homestead property taxpayers such as the "circuit breaker" program and enhanced targeting for special circumstances. Metro Cities also supports the renter's credit program. Metro Cities supports an analysis of the state's property tax relief programs to determine their effectiveness and equity in providing property tax relief to individuals and families across the state. Metro Cities supports efforts by the Minnesota Department of Revenue to expand outreach and notification efforts about state property tax relief programs to homeowners, and notifications to local units of government to support such efforts. Metro Cities also supports legislative modifications to make tax relief payments to taxpayers automatic. Metro Cities supports the use of the Department of Revenue's "Voss" database to link income and property values, and the consideration of income relative to property taxes paid in determining eligibility for state property tax relief programs. Updates to the database should occur in a timely manner and data reviewed periodically to ensure the database's accuracy and usefulness. 2022 Legislative Policies 4 Municipal Revenue & Taxation 1-H Property Valuation Limits/Limited Market Value Metro Cities opposes the use of artificial limits in valuing property at market for taxation purposes, since such limitations shift tax burdens to other classes of property and create disparities between properties of equal value. 1-I Market Value Homestead Exclusion Program (MVHE) The Market Value Homestead Exclusion Program(MVHE) provides property tax relief to qualifying homesteads, through reductions in property tax values, which shifts property taxes within jurisdictions. The MVHE replaced a former Market Value Homestead Credit Program, which provided credits on local government tax bills to qualifying properties, with reimbursements provided by the state to local governments. Metro Cities opposes restoration of the former Market Value Homestead Credit, as reimbursements to local governments were inconsistent, and encourages further study of the exclusion program, with input by city officials, to determine the program's overall efficacy and its effects on local tax bases. 1-J Metropolitan Area Fiscal Disparities Program The Metropolitan Area Fiscal Disparities Program, enacted in 1971, was created for the purposes of: • providing a way for local governments to share in the resources generated by the growthof the metropolitan area without removing existing resources; • promoting orderly development of the region by reducing the impact of fiscal considerations on the location of business and infrastructure; • establishing incentives for all parts of the area to work for the growth of the area as a whole; • helping communities at various stages of development; and • encouraging protection of the environment by reducing the impact of fiscal considerations to ensure protection of parks, open space and wetlands. Metro Cities supports the Fiscal Disparities Program. Metro Cities opposes any diversion from the fiscal disparities pool to fund specific state, regional or local programs, goals or projects as such diversions contradict the purposes of the program. Legislation that would modify or impact the fiscal disparities program should only be considered within a framework of comprehensive reform efforts of the state's property tax, aids and credits system. Any proposed legislation that would modify or impact the fiscal disparities program 2022 Legislative Policies 5 Municipal Revenue & Taxation must be evaluated utilizing the criteria of fairness, equity, stability, transparency and coherence in the treatment of cities and taxpayers across the metropolitan region and must continue to serve the program's intended purposes. Metro Cities opposes legislation that would allow for capturing and pooling growth in residential tax capacity to fund specific programs or objectives. Further studies or task forces to consider modifications to the fiscal disparities program must include participation and input from metropolitan local government representatives. 1-K Constitutional Tax and Expenditure Limits Metro Cities strongly opposes including tax and expenditure limits in the state constitution, as such limits eliminate flexibility by the Legislature or local governments to respond to unanticipated critical needs, emergencies, or fluctuating economic situations. When services such as education, public safety and health care require increased funding beyond the overall limit, other publicly funded services potentially stand to receive inadequate resources. Constitutional limits result in reduced revenue bases during times of economic downturn and the inability to recover to previous service levels when economic prosperity returns. 1-L State Property Tax The state levies a property tax on commercial/industrial and cabin property. Since cities' only source of general funds is the property tax, Metro Cities opposes extension of the state property tax to additional classes of property. Metro Cities opposes using the state property tax to fund specific programs or objectives generally funded through state income and sales tax revenue. In the interest of increasing transparency, Metro Cities supports efforts to have the state provide information on the property tax statement regarding the state property tax. Metro Cities opposes exempting specific classes of property under the tax as such exemptions shift the costs of the tax onto other classes of property. 1-M Class Rate Tax System Metro Cities opposes elimination of the class rate tax system or applying future levy increases to market value since this further complicates the property tax system. 1-N Regional Facility Host Communities Municipalities hosting regional facilities such as utilities, landfills or aggregate mining incur costs and effects such as environmental damage or lost economic development opportunities. Communities should be compensated to accommodate the effects of facilities that provide benefits to the region and state. Metro Cities supports legislative efforts to offset the negative 2022 Legislative Policies 6 Municipal Revenue & Taxation effects of these facilities and activities on host communities. Metro Cities would prefer that municipalities be allowed to collect a host fee that may be adjusted when state decisions affect those fees. 1-0 Sales Tax on Local Government Purchases Metro Cities supported the 2013 reinstatement of the sales tax exemption for purchases of goods and services made by cities. This reinstatement does not apply to all local government purchases. To ensure citizens receive the full benefit of this exemption, the law should treat purchases of all local government units the same, including purchases made by special taxing districts,joint powers entities, or any other agency or instrumentality of local government. Metro Cities supports simplifying the process on the exemption for construction materials that is complex and cost ineffective or converting the process to a refund program. Metro Cities supported the law enacted in 2021 that exempts construction materials purchased to construct public safety facilities from state sales tax. Metro Cities supports granting an extension of the motor vehicle sales tax exemption to all municipal vehicles that are used for general city functions and are provided by governmental entities. Currently, only certain vehicles, including road maintenance vehicles purchased by townships, and municipal fire trucks and police vehicles not registered for use on public roads, are exempt from the MVST. 1-P City Revenue Stability and Fund Balance Metro Cities opposes state attempts to control or restrict city fund balances, or to use city fund balances as a rationale for reducing state aids or property tax payment delays. These funds are necessary to maintain fiscal viability, meet unexpected or emergency resource needs, purchase capital goods and infrastructure, provide adequate cash flow and maintain high level bond ratings. 1-Q Public Employees' Retirement Association (PERA) Metro Cities supports employees and cities sharing equally in the cost of necessary contribution increases and a sixty percent employer/forty percent employee split for the PERA Police and Fire Plan. Metro Cities also supports state assistance to local governments to cover any additional contribution burdens placed on cities over and above contribution increases required by employees. Cities should receive sufficient notice of these increases so that they may take them into account for budgeting purposes. Metro Cities opposes benefit improvements for active employees or retirees until the financial health of the PERA General Plan and PERA Police and Fire Plan are restored. Metro Cities supports modifications to help align PERA contributions and costs, and 2022 Legislative Policies Municipal Revenue & Taxation reduce the need for additional contribution increases, including a modification of PERA eligibility guidelines to account for temporary, seasonal and part-time employment situations, the use of pro-rated service credit and a comprehensive review of exclusions to simplify eligibility guidelines. Further employer contribution rate increases should be avoided until other cost alignment mechanisms are considered. Metro Cities supports cities and fire relief associations working together to determine the best application of State Fire Aid. Flexibility in the application of State Fire Aid, where combination departments exist, will ensure that fire services can be provided in the most cost- effective means possible. Regarding police pension contributions, Metro Cities supports a proactive review of factors contributing to the financial status of police and fire pension plans, to ensure that structural adjustments are considered in conjunction with potential increases in employee and employer contribution rates. Specifically, an area that could be considered is contractual overtime impacts on pension levels. Metro Cities supports removing the sunset of the PERA aid that is paid to local units of government to help address increased employer contribution costs. 1-R State Program Revenue Sources Metro Cities opposes any attempt by the state to finance programs of statewide value and significance, that are traditionally funded with state revenues, with local revenue sources such as municipal utilities or property tax mechanisms. Statewide programs serve important state goals and objectives and should be financed through traditional state revenue sources such as the income or sales tax. Metro Cities further opposes substituting traditionally state funded programs with funding mechanisms that would disparately affect taxpayers in the metropolitan area. 1-S Post-Employment Benefits Metro Cities supported statutory changes that allow local governments to establish trusts from which to fund post-employment health and life insurance benefits for public employees, with participation by cities on a strictly voluntary basis, in recognition that cities have differing local needs and circumstances. Cities should also retain the ability to determine the level of post-employment benefits to be provided to employees. 1-T Health Care Insurance Programs Metro Cities supports legislative efforts to control health insurance costs but opposes actions that undermine local flexibility to manage rising insurance costs. Metro Cities encourages a full examination of the rising costs of health care and the impacts on city employers and employees. Metro Cities also supports a study of the fiscal impacts to both cities and retirees of pooling retirees separately from active employees. 2022 Legislative Policies 8 Municipal Revenue & Taxation 1-U State Budget Stability Metro Cities strongly supports a state revenue system that provides for stability, flexibility and adequacy in the system, reduces the volatility of state revenues and improves the long- term balance of state revenues and expenditures. Metro Cities supports a statutory budget reserve minimum that is adequate to manage risks and fluctuations in the state's tax system and a cash flow reserve account of sufficient size so that the state can avoid short- term borrowing to manage cash flow fluctuations. Metro Cities also supports an examination of the property tax system and the relationships between state and local tax bases, with an emphasis on state budget cuts and effects on property taxes. State budget deficits must be balanced with statewide sources and must not further reduce funding for property tax relief programs and aids to local governments that result in local governments bearing more responsibility for the costs of services that belong to the state. 1-V Taxation of Electronic Commerce Metro Cities supports efforts to develop a streamlined sales and use tax system to simplify sales and use tax collection and administration by retailers and states. Metro Cities supports policies that encourage remote retailers to collect and remit state sales taxes in states that are complying with the Streamlined Sales and Use Tax Agreement. Metro Cities opposes legislation that allows accommodation intermediaries such as online travel companies a tax exemption that terminates obligations to pay hotel taxes to state and local governments, or otherwise restricts legal actions by states and localities. The Legislature in 2011 clarified that these services are subject to state sales tax. Metro Cities supports statutory changes to further clarify that all lodging taxes,whether administered by the state or locally, apply to total charges,including charges for services provided by accommodation intermediaries. 1-W Payments for Services to Tax Exempt Property Metro Cities supports city authority to collect payments from tax exempt property owners to cover the costs of services to those entities, similar to statutory authority for special assessments. Metro Cities opposes legislation that would exempt nonprofit entities from paying user fees and service charges. 1-X Proceeds from Tax Forfeited Property Metro Cities supports changes to state laws governing the proceeds for tax forfeited properties. Currently, counties can recover administrative costs related to a property before other allocations are made and the law allows for the county to recoup a percentage of assessment costs once administrative costs are allocated. The result is often no allocation or a very low allocation, and usually insufficient level of proceeds available for covering special assessments, unpaid taxes and fees to cities. State processes addressing tax-forfeited properties 2022 Legislative Policies 9 Municipal Revenue & Taxation can have implications for local land use plans and requirements and can result in unexpected and significant fiscal impacts on local communities. The current process also does not require the repayment of unpaid utility charges or building and development fees. Metro Cities supports statutory changes that balance repayment of unpaid taxes and assessments, utility charges and other fees and that more equitably allocates the distribution of proceeds between counties and cities. 1-Y Vehicle Title and Registration System (VTRS) Issues associated with the rollout of the state MN Licensing and Registration System (MNLARS) have caused significant unanticipated and ongoing disruptions to services provided by local deputy registrars. Some registrar offices have relied on other local revenues, such as the property tax, to manage normal expenses due to unresolved glitches in the system and a shift from the state to the local level for additional processing time. These challenges have also created a high potential for negative public perceptions on local government services, on an issue over which local governments have no ability to control. In 2019, state officials elected to replace the MNLARS system with the Vehicle Title and Registration System (VTRS). Metro Cities supports state funding to compensate local deputy registrars for unanticipated,increased costs associated with implementation of the new system, and the shifting of per-transaction processing burdens that may result from the implementation of VTRS. As the state works to identify efficiencies in the vehicle registration process and system, policy makers must consider the effects of changes on the financial viability of deputy registrars resulting from decreases in transaction fees collected by local registrars. Metro Cities supports increases to existing transaction fee levels that are set by state law,to ensure that local deputy registrars can sufficiently function and meet continually evolving local registrar service needs and address any necessary modifications to registrar operations to ensure these services can be provided safely to the public. 1-Z Special Assessments When property owners challenge special assessments based on application of the special benefit test, some courts have interpreted "benefits received" to mean the one-year increase in property value that is directly attributable to a construction project. There is currently no consistency between state laws and rulings by some courts on the term "benefits received". Metro Cities supports modifications to state laws governing special assessments for construction projects or other improvements arising from legislative authority to clarify the definition of "benefits received". The modified definition should more closely align with how special assessments are calculated and recognizes that the benefit of the improvement to a property may be realized over time and not within one year. 2022 Legislative Policies io General Government 2-A Mandates, Zoning & Local Authority To serve their local citizens and communities, city officials must have sufficient local control and decision-making authority. Metro Cities supports local decision-making authority and opposes statutory changes that erode local authority and decision making. Minn. Stat. § 462.357, subd. 1,provide cities authority to regulate and set local ordinances for zoning. Metro Cities supports existing state laws that provide for this authority. Metro Cities supports statutory changes that give local officials greater authority to approve or deny variances to allow flexibility in responding to the needs of the community. Metro Cities also supports the removal of statutory barriers to uniform zoning ordinance amendment processes for all cities, regardless of city size classification. Metro Cities opposes the imposition of legislative mandates that increase local costs without a corresponding state appropriation or funding mechanism. Unfunded mandates potentially increase property taxes and impede cities' ability to fund traditional service needs. To allow for greater collaboration and flexibility in providing local services, Metro Cities encourages the removal of barriers to coordination between cities and other units of government or entities. 2-B City Enterprise Activities Creation of an enterprise operation allows a city to provide a desired service while maintaining financial and management control. The state should refrain from infringing on this ability to provide and manage services for the benefit of a local community and residents. Metro Cities supports cities having authority to establish city enterprise operations in response to community needs, local preferences, or state mandates, or that help ensure residents' quality of life. 2-C Firearms on City Property Cities should be allowed to prohibit handguns and other weapons in city-owned buildings, facilities, and parks and to determine whether to allow permit-holders to bring guns into municipal buildings, liquor stores, city council chambers and city sponsored youth activities. It is not Metro Cities' intention for cities to have the authority to prohibit legal weapons in parking lots, on city streets, city sidewalks or on locally approved hunting land. Metro Cities supports local control to allow or prohibit handguns and other weapons on city-owned property. 2022 Legislative Policies 11 General Government 2-D 911 Telephone Tax Public safety answering points (PSAPs) must be able to continue to rely on state 911 revenues to pay for upgrades and modifications to local 911 systems, maintenance and operational support and dispatcher training. Metro Cities supports state funding for technology and training necessary to provide the number and location of wireless and voice over internet protocol (VoIP) calls to 911 on computer screens and transmit that data to police, fire and first responders. 2-E 800 MHz Radio System Metro Cities urges the Legislature to provide cities with the financial means to obtain required infrastructure and subscriber equipment (portable and mobile radios) as well as provide funding for operating costs, since the prime purpose of this system is to allow public safety agencies and other units of government the ability to communicate effectively. Metro Cities supports the work of the Metropolitan Emergency Services Board (previously the Metropolitan Radio Board) in implementing and maintaining the 800 MHz radio system so long as cities are not forced to modify their current systems or become a part of the 800 MHz Radio System unless they so choose. 2-F Building Codes Thousands of new housing units as well as commercial and industrial buildings are constructed annually in the metropolitan area. The State Building Code (SBC) sets statewide standards for the construction,reconstruction, alteration, and repair of buildings and other structures governed by the code. A building code provides many benefits, including uniformity of construction standards in the building industry, consistency in code interpretation and enforcement, and life- safety guidance. Metro Cities supports an equitable distribution of fees from the Construction Code Fund, with proportional distribution based on the area of enforcement where fees were received. Metro Cities further supports efforts by the state, cities, and builders to collectively identify appropriate uses for the fund, including education, analysis of new materials and construction techniques, building code updating, building inspector training, and development of performance standards and identification of construction "best practices." Metro Cities supports including the International Green Construction Code as an optional appendix to the State Building Code to allow cities to utilize appropriate parts of those guidelines in their communities. Metro Cities also supports adopting the international energy conservation code to the state building code without amendments. Metro Cities does 2022 Legislative Policies 12 General Government not support legislative solutions that fail to recognize the interrelationships among builders, state building codes and cities. Metro Cities supports efforts to increase awareness of the potential impacts and benefits of requiring sprinklers in new homes and townhouses. Metro Cities supports discussion and the dissemination of information on these impacts via the code adoption process through the Department of Labor and Industry. Metro Cities supports adopting and amending the State Building Code through the rulemaking process and opposes legislative changes to building codes absent unusual or extraordinary circumstances. As energy costs continue to rise, more attention must be paid to the poor energy efficiencyof much of the existing housing stock as well as commercial and industrial buildings. Homes and other buildings that are energy inefficient are more costly to maintain and create added cost to ownership and occupancy. Making homes and buildings more energyefficient will make them more affordable to operate and will help the state achieve energydemand goals and will reduce greenhouse gas emissions. This includes supporting legislation to increase the efficiency of buildings on a pathway toward net zero energy. Metro Cities supports state funding and technical support for programs that provide support for property owners for weatherization and energy efficiency improvements, including programs available for local governments. While a single set of coordinated codes helps provide consistency in code administrationand enforcement, implementation of sustainable building design, construction, and operation does not readily integrate with the existing state building and energy code system. As a result, many cities are interested in adopting stronger local standards for sustainable development and conservation. Metro Cities supports authorizing cities to employ stronger local standards for sustainable development and conservation that will help inform the state code development process. The state should include an optional sustainable appendix to the State Building Code to allow cities to utilize appropriate parts of guidelines in their communities. 2-G Administrative Fines Traditional methods of citation, enforcement and prosecution have met with increasing costs to local units of government. The use of administrative fines is a tool to moderate those costs. Metro Cities supports the administrative fine authority that allows cities to issue administrative fines for defined local traffic offenses and supports further modifications to enhance functionality of this authority. Metro Cities continues to support cities' authority to use administrative fines for regulatory ordinances such as building codes, zoning codes, health codes, and public safety and nuisance ordinances. Metro Cities supports the use of city administrative fines, at a minimum, for regulatory matters that are not duplicative of misdemeanor or higher-level state traffic and criminal 2022 Legislative Policies 13 General Government offenses. Metro Cities also endorses a fair hearing process before a disinterested third party. 2-H Residential Programs Sufficient funding and oversight is needed to ensure that residents living in residential programs have appropriate care and supervision and that neighborhoods are not disproportionately impacted by high concentrations of residential programs. Historically, federal and state laws have discouraged the concentration of residential group homes so as not to promote areas that reinforce institutional quality settings. Under current law, operators of certain residential programs are not required to notify cities when they intend to purchase single-family housing for this purpose. Cities do not have the authority to regulate the locations of residential programs. Cities have reasonable concerns about high concentrations of these facilities in residential neighborhoods, and additional traffic and service deliveries surrounding these facilities when they are grouped closely together. Municipalities recognize and support the services residential programs provide. However, cities also have an interest in preserving balance between residential programs and other uses in residential neighborhoods. Providers applying to operate residential programs should be required to notify the city when applying for licensure to be informed of local ordinance requirements as a part of the application process. Licensing agencies should be required to notify the city of properties receiving licensure to be operated as residential programs. Metro Cities supports changes to Minn. Stat. §245A.11, subd. 4,to allow for appropriate non-concentration standards for all types of cities to prevent clustering. Metro Cities supports statutory modifications to require licensed agencies and licensed providers that operate residential programs to notify the city of properties being operated as residential programs. Metro Cities also supports the establishment of appropriate non-concentration standards for residential programs,to prevent clustering, and supports enforcement of these rules by the appropriate county agencies. 2-I Annexation Attempts have been made in recent years to reduce tensions between cities and townships in annexations. A Municipal Boundary Adjustment Task Force worked to develop recommendations regarding best practices annexation training for city and township officials to better communicate and jointly plan potential annexations. While the task force defined differences between cities and townships, no significant advancements were made in creating best practices. Metro Cities supports continued legislative efforts to develop recommendations regarding best practices and annexation training for city and township officials to better communicate and plan for potential annexations. Further, Metro Cities supports substantive changes to the state's annexation laws that will lead to better land use planning, 2022 Legislative Policies 14 General Government energy conservation, greater environmental protection,fairer tax bases, clarification of fee reimbursement and fewer conflicts between townships and cities. Metro Cities also supports technical annexation changes that are agreed to by cities and townships. 2-J Statewide Funding Sources for Local Issues with Regional Impact Many issues including, but not limited to, a metropolitan area groundwater monitoring network, emerald ash borer management, and the cleanup of storm-water retention ponds, come with significant local costs, and have effects that reach beyond municipal boundaries. Metro Cities supports the availability of statewide funding sources to address local issues that have regional or statewide significance or are caused by state or regional actions. Metro Cities opposes any requirement to enact ordinances more restrictive than state law in exchange for access to these funds. 2-K Urban Forest Management Funding Urban forests are an essential local infrastructure component. Dutch elm disease, oak wilt disease, drought, storms, and emerald ash borer threaten public investments in trees and controlling these issues can be greatly consequential for city budgets. The Minnesota Department of Natural Resources, through its Urban and Community Forestry program, and the Minnesota Department of Agriculture, through its Shade Tree and Invasive Species program, have regulatory authority to direct tree sanitation and control programs. Although these programs allow for addressing some tree disease, pest, and other problems, funding has been inadequate to meet the need of cities to build capacity for tree programs and respond to catastrophic problems. Cities share the goal of the state's Re-leaf Program—promoting and funding the inventory, planning, planting, maintenance, and improvement of trees in cities throughout the state. In addition, economic and environmental gains for storm water management, climate change mitigation, air quality management, tourism, recreation, and other benefits must be protected from tree loss. A lack of timely investment in urban forests costs cities significantly more in the long run. Metro Cities supports funding for a state matching grant program to assist cities with building and increasing capacity for urban forest management, meeting the costs of preparing for, and responding to, catastrophic urban forest problems and preventing further loss and increasing canopy coverage. Specifically, direct grants to cities are desperately needed for the identification,removal,replacement, and treatment of trees related to management of emerald ash borer(EAB). The state should establish an ongoing grant program with annual funding that is usable for those activities. 2022 Legislative Policies 15 General Government 2-L Pollinator Habitat Resources Recent declines in the abundance of pollinator insects, such as bees and butterflies, have been identified by the United Nations Food and Agriculture Organization as a threat to food security, as these insects are an important method of plant pollination. According to the US Fish and Wildlife Service, the main threats facing pollinators are habitat loss, degradation and fragmentation. Pollinators lose food and nesting sites they need to survive when native vegetation is replaced by roadways, manicured lawns, crops and non-native gardens. This can have added detriment to pollinators that migrate. Research has shown that providing these insects with more habitat can create the conditions for these insect populations to recover. Converting traditional grass lawns has been identified as way to increase pollinator habitat. The Minnesota Legislature created the Lawns to Legumes program, which provides grants to private homeowners to convert traditional lawns to pollinator friendly landscape. Metro Cities supports state funding for the Lawns to Legumes program and supports expanding eligibility of this program to cities.Metro Cities supports state funding to programs that create pollinator habitat on both public and private lands. 2-M Regulation of Harmful Substances and Products In metropolitan regions where most cities share boundaries with other cities, local bans of harmful drugs and substances such as synthetic drugs, which have been found to be dangerous, do not eliminate access to these products unless all cities take the same regulatory action. Metro Cities supports statewide regulation and prohibition of products or substances in circumstances where there is evidence that products present a danger to anyone who uses them,where there is broad local support for a ban and where corresponding regulatory issues have regional or statewide significance. In addition, the Legislature should provide for the regulation of products that are known to damage water quality, sewer collection, and storm and wastewater treatment systems, not just at the treatment and infrastructure maintenance levels, but at the consumer and manufacturing levels, through accurate labeling of products,public education, and recycling and re-use programs. 2-N Private Well Drilling Restriction Authority Cities are authorized to enact ordinances that disallow the placement of private wells within city limits to ensure both water safety and availability for residents and businesses. This authority is important for the appropriate management of local water supply conservation efforts. Municipal water systems are financially dependent upon users to operate and maintain the system. A loss of significant rate payers resulting from unregulated private well drilling would economically 2022 Legislative Policies 16 General Government destabilize water systems and could lead to contamination of the water supply. Metro Cities supports current law authorizing cities to regulate and prohibit the placement of private wells within municipal utility service boundaries and opposes any attempt to remove or alter that authority. Metro Cities supports funding that can be used to cap private wells. 2-0 Organized Waste Collection Cities over 1,000 in population are required by law to ensure all residents have solid waste collection available to them. A city can meet the statutory requirement by licensing haulers to operate in an open collection system, authorize city employees to collect waste, or implement organized collection through one or multiple haulers to increase efficiency,reduce truck traffic and control costs to residents. Metro Cities supports current laws that allow cities to work with existing haulers to achieve the benefits of organized collection or investigate the merits of organized collection without the pressure of a rigid timeline and requirement to pass 'an intent to organize' at the beginning of the discussion process. Metro Cities opposes any legislation that would further increase the cost or further complicate the process cities are required to follow to organize waste collection or prohibit cities from implementing, expanding or using organized waste collection. Metro Cities supports state funding to local governments to increase the availability of material and organic recycling. 2-P Election Administration Cities play a critical role in managing and ensuring the integrity of elections. Any changes made to election laws should not place undue financial or administrative burdens on local governments. Metro Cities supports reimbursement by the state to local units of government for any costs associated with changes to election laws. Metro Cities supports laws to increase efficiencies in administering absentee ballots, to reduce the potential for errors and to improve absentee balloting processes. State laws that allow the filling of municipal vacancies by special election on one of four days specified in law, can create logistical and financial challenges for municipalities. Metro Cities supports changes to state laws that allow sufficient flexibility for municipalities in addressing vacancies in municipal offices. Metro Cities further supports: • Laws allowing in-person absentee voters to place their ballots in a secure tabulator, and statutory changes to allow this for the duration of absentee voting; • Establishing an earlier deadline for ending in-person absentee voting; 2022 Legislative Policies 17 General Government • Revising absentee ballot regulations to allow any person 18 and older to witness the absentee process and sign the envelope as a witness; and • Authorizing cities with health care facilities to schedule election judges to conduct absentee voting at an earlier date in health care facilities. 2-Q Utility Franchise Fees, Accountability and Cost Transparency Minnesota cities are authorized by Minn. Stat. 216B and Minn. Stat. § 301B.01 to require a public utility(gas or electric) that provides services to the city or occupies the public right of way within a city to obtain a franchise. Several metro area cities have entered agreements that require the utility to pay a fee to help offset costs of maintaining the right of way. Cities are also adopting energy policies that use renewable energy resources to light or heat public facilities. Policies and programs have also been instituted in cooperation with the public utility franchisee to increase energy efficiency for all users. Cities also contract, at city expense, with public utilities to "underground"wires. State laws also require energy companies to provide more electric energy from renewable sources. The specific amounts vary by type of utility. Metro Cities supports: • State policies adopted by legislation or through rules of the Public Utility Commission that provide cities with the authority to include city energy policies andpriorities in a franchise or similar agreement with a franchisee; and • Greater accountability and transparency for city paid costs associated with underground utility and similar work performed by electric utilities as part of a localproject. 2-R Water Supply Municipal water suppliers are charged with meeting the water supply needs of their communities and work to do so with safe, reliable, and cost-effective systems that are sustainable both for established cities and for all future growth. The aquifers in the metropolitan area cross municipal boundaries and therefore require a coordinated regional approach to planning for their future availability. Currently, approximately 75% of municipal water supply in the metropolitan area comes from groundwater. With proper management of the resource, the current water supply in the region is adequate; however, Metropolitan Council projections predict localized declines in aquifer availability due to population growth estimates if current usage levels are maintained. Regulation of water is complex and compartmentalized. Various agencies permit its use, plan for its availability, regulate stormwater, treat wastewater and protect the safety of water. To ensure 2022 Legislative Policies 18 General Government that water supply remains adequate and sustainable across the region, we must understand how much water can be sustainably drawn from the aquifers and what effect increases in re-use, conservation and recharge can have on the sustainability and availability of both groundwater and surface water. Many of these strategies cross agency jurisdictions and will require improved coordination and cooperation. Municipal water suppliers have made significant infrastructure investments in their systems based on calculated water availability and DNR permits. Proposals to reduce the reliance on groundwater by switching municipal water systems from groundwater to surface water supplies will come with significant costs that could place excessive burdens on local resources. The outcomes and benefits of re-balancing the mix of groundwater and surface water use for specific municipalities and the region must be identifiable before any projects are undertaken. The sustainability of our water supply is an issue of regional and statewide significance and the expense of any necessary projects that benefit the region should not fall on individual cities. Any attempts to address water supply sustainability must also take into account all water users, including municipal water suppliers, industry, private wells, agriculture and contamination containment. The metropolitan region must consider the effects of groundwater use beyond the borders of the metropolitan area on the region's groundwater availability and the cost of treating contaminants in surface water that comes into the metropolitan area for use. Metro Cities supports the removal of barriers to wastewater and storm water re-use, improved inter-agency coordination, clarifying the appropriate roles of local, regional and state governments with respect to water, streamlining and consolidating permit approval processes and the availability of statewide resources to plan for and ensure the future sustainability of water supply in the metropolitan area. Metro Cities also encourages the Metropolitan Council, in consultation with municipalities, to find ways to re-use wastewater and to develop other strategies to improve conservation. Metro Cities supports state funding for costs associated with converting water supply from groundwater to surface water and funds to encourage and promote water conservation as a strategy to improve water sustainability and to improve and protect water quality. 2-S Regulation of Massage Therapists In the absence of statewide regulation for massage therapy practitioners, many cities have enacted local ordinances that require massage therapists to obtain a local professional license to assist law enforcement in differentiating between legitimate providers and illegitimate businesses fronting as massage therapy establishments. Metro Cities supports statewide registration or licensure of massage therapists to aid local law enforcement efforts in this area. Metro Cities supports cities' ability to continue to license massage therapy businesses. 2022 Legislative Policies 19 General Government 2-T Peace Officer Arbitration Reform Many municipalities in the metropolitan area provide law enforcement services and employ licensed peace officers. To ensure the public's safety and trust, and to strengthen collaboration between citizens and peace officers, cities must have the authority to effectively govern local law enforcement agencies. City officials are ultimately responsible for the safety and protection of the local community. Metro Cities supports statutory arbitration reforms to allow for the discipline,including removal, of law enforcement officers who have been found to have violated local law enforcement agency policies. Metro Cities further supports a reasonable standard of review in law enforcement arbitration cases, which would limit the determination of arbitrators to whether the actions of an employer were reasonable and consistent with city and agency policies. Metro Cities further supports using administrative law judges (ALJs) or arbitration to address grievances and discipline related to police misconduct. 2-U Public Safety Training and Resources Metro Cities acknowledges that the tasks public safety responders have been asked to address are increasingly the result of inadequate social services and programs. Metro Cities recognizes the need for adequate resources for social service and mental health services and programs to help reduce the need for public safety responders to perform these services. Metro Cities supports state funding for public safety responders training, including training for crisis management, cultural awareness and implicit bias, mental health and de-escalation, and supports funding for equipment such as body cameras. 2-V Race Equity In the seven-county metropolitan region, people of color represent 28% of the population, and this percentage is expected to grow to 44% by 2050, according to the current population forecast from the Metropolitan Council. As racial and ethnic diversity increases in the region, people of color continue to experience significant barriers in housing, employment, criminal justice, public infrastructure, health, and education, and disparities are becoming more apparent with the COVID-19 pandemic and civil unrest that is occurring in many communities. Across the metropolitan region, many cities are working to examine local policies and systems, to revise the delivery of public services, and to allocate resources to help advance race equity. All levels of government as well as the nonprofit and business sectors have roles to play in 2022 Legislative Policies 20 General Government addressing race inequities and must work collaboratively to ensure that services and resources are considered, designed and implemented in a comprehensive, purposeful, informed and inclusive way to achieve race equity. Metro Cities supports: • An examination and revision of existing state, regional, county and city laws, ordinances and policies to address racial disparities; • State, regional, county and city resources to assist with comprehensive data collection, disaggregation and sharing to ensure informed policy and funding decisions atall levels of government; • Funding to assist in the development of tools and resources that advance racially equitable outcomes; • Activating partnerships among state, regional, and local governmental institutions and other entities to advance race equity. 2022 Legislative Policies 21 Housing & Economic Development Policies 3-A to 3-J: Introduction While the provision of housing is predominantly a private sector, market-driven activity, all levels of government—federal, state, regional and local—have a role in facilitating the production and preservation of affordable housing in Minnesota. Adequate affordable housing is a significant concern for the metropolitan region and effective approaches require participation from all levels of government, the private sector, and nonprofit groups. 3-A City Role in Housing Cities in Minnesota are responsible for most ground-level housing policy, including land use planning, code enforcement, rental licensing, and often the packaging of multi-level financial incentives. Cities are responsible for ensuring local health and safety and the structural soundness and livability of the local housing stock through building permits and inspections. Cities are charged with providing public infrastructure to serve current and future residents and must assess the effects of a new development on parks, local roads, water, sanitary sewer, and stormwater capacities to ensure that additional needs for infrastructure are assumed by the new development and not current taxpayers. It is the city that assumes the future financial responsibility, management, and maintenance for improvements and infrastructure after a developer has completed a project. It is also the responsibility of cities to periodically review local requirements such as land use regulations and ordinances, and make long range plans consistent with state statute, to ensure that they are consistent with these purposes. While local government financial resources constitute a relatively small portion of the total costs of providing housing, many cities take on a significant administrative burden by providing financial incentives and regulatory relief, participating in state and regional housing programs, and supporting either local or countywide housing and redevelopment authorities and community development agencies. When a developer seeks to advance a development proposal that does not meet straight housing and mixed-use zoning codes and requirements, the developer may request a planned unit development(PUD) agreement with a city. PUDs, where appropriate, can provide zoning flexibility to develop a site that is otherwise not permitted by a city code. The use of PUDs may allow for more variety and creativity in land uses, increased density on a site, internal transfers of density, construction phasing, reduced setbacks, and a potential for lower development costs. In the interest of adhering to local long-range plans and managing local health, safety, viability, and welfare needs, a city may request certain public benefits from a developer, including but not limited to additional open space, preservation of wooded land and environmentally sensitive areas, 2022 Legislative Policies 22 Housing & Economic Development landscaping along major roadways, providing a mix of housing types, and enhanced design and landscaping features. Cities may also provide a developer with credit for investments in public infrastructure greater than would be minimally required, including water, sanitary sewer, stormwater, or road infrastructure. Metro Cities strongly opposes any effort to reduce, alter or interfere with cities' authority to carry out these functions in a locally determined manner. Metro Cities supports exceptions to the land use timelines in M.S. 15.99 in the event of extenuating local and state circumstances. Metro Cities supports local authority determination when exercising the use of exceptions, recognizing projects may be in different stages of approval. If a state of emergency limits the ability of city staff to complete a land use review, it should not result in de facto approval of an application. 3-B City Role in Affordable and Life Cycle Housing Metro Cities supports housing that is affordable and appropriate for people at all stages of life. A variety of housing opportunities are important to the economic and social well-being of local communities and the metropolitan region. The region faces challenges in meeting the existing and future housing needs of low and moderate-income residents. Existing housing stock is aging, with roughly half older than 40 years old, according to the U.S. Census Bureau. Older housing stock can be more affordable; however, it requires investments to remain viable. Private investors have purchased subsidized and unsubsidized rental units, made improvements, and charged higher rents that have made access to previously affordable units prohibitive for low and moderate-income residents. The Metropolitan Council has projected the region will add nearly 35,000 households between 2021 and 2030 that will need affordable housing and require a subsidy of$5 billion to meet the needs of households earning up to 50 percent area median income. Cities should work with the private and nonprofit sectors, counties, state agencies and the Metropolitan Council to ensure the best use of new and existing tools and resources to produce new housing and preserve existing affordable housing. Cities can facilitate the production and preservation of affordable and life cycle housing by: • Applying for funding from available grant and loan programs; • Using city and county funds to support affordable housing. This can include creating a local or regional housing trust fund to support affordable housing; • Providing information, encouraging participation and incentivizing participation in the Section 8 Housing Choice Voucher program to landlords; • Working with developers and residents to blend affordable housing into new and existing neighborhoods, including locations with access to amenities and services; • Working with the state and Metropolitan Council to recognize the relationship between 2022 Legislative Policies 23 Housing & Economic Development housing and mobility options, including transit and pedestrian routes; • Periodically examining local requirements,policies and review processes to determine their impacts on the construction of affordable housing; • Considering criteria under which a city may change its fee structure in support of additional affordable housing; • Supporting housing options that meet a city's current and future demographics,including family size, age, mobility, and ability levels; • Supporting housing design that is flexible, accessible and usable for residents with varied abilities at multiple stages of life; • Supporting housing with supportive services for people with disabilities; • Employing innovative strategies to advance affordable housing needs such as public- private partnerships or creative packaging of regulatory relief and incentives; • Using available regulatory mechanisms to shape housing communities; • Recognizing the inventory of subsidized and unsubsidized(naturally occurring) affordable housing; and • Working collaboratively with buyers and sellers of naturally occurring affordable housingto retain affordability. 3-C Inclusionary Housing While Metro Cities believes there are cost savings to be achieved through regulatory reform, density bonuses as determined by local communities, and fee waivers, Metro Cities does not believe a mandatory inclusionary housing approach can achieve desired levels of affordability solely through these steps. Several cities have established local inclusionary housing policies, in some cases requiring the creation of affordable units if the housing development uses public financial assistance or connecting the policy to zoning and land use changes. The Metropolitan Council, in distributing the regional allocation of housing need, must recognize both the opportunities and financial limitations of cities. The Council should partner with cities to facilitate the creation of affordable housing through direct financial assistance and/or advocating for additional resources through the Minnesota Housing Finance Agency. Metro Cities supports the location of affordable housing in residential and mixed-use neighborhoods throughout a city. Metro Cities supports a city's authority to enact its own inclusionary housing policy. However, Metro Cities does not support passage of a mandatory inclusionary housing state law imposed on local governments that would 2022 Legislative Policies 24 Housing & Economic Development require a certain percentage of units in all new housing developments to be affordable to households at specific income levels. 3-D Metropolitan Council Role in Housing The Metropolitan Council is statutorily required to assist cities with meeting the provisions of the Land Use Planning Act(LUPA). The LUPA requires cities to adopt sufficient standards, plans and programs to meet their local share of the region's overall projected need for low and moderate-income housing. The Council's responsibilities include the preparation and adoption of guidelines and procedures to assist local government units with accomplishing the requirements of the LUPA. The Metropolitan Council also offers programs and initiatives to create affordable housing opportunities, including the Livable Communities Act programs and operation of a metropolitan housing and redevelopment authority. Unlike parks, transit and wastewater, housing is not a statutory regional system. The Metropolitan Council's role, responsibilities and authority are more limited in scope, centered on assisting local governments by identifying the allocation of need for affordable housing, projecting regional growth and identifying available tools, resources, technical assistance and methods that cities can use to create and promote affordable housing opportunities in their communities. The Metropolitan Council should work in partnership with local governments to ensure that the range of housing needs for people at various life cycles and incomes can be met. Metro Cities opposes the elevation of housing to "Regional System" status. Metro Cities supports removing the Metropolitan Council's review and comment authority connected to housing revenue bonds under Minn. Stat. § 462C.04. In 2014, the Metropolitan Council released a housing policy plan, the first of its kind in nearly 30 years. A housing policy plan should include defined local, regional, and state roles for the provision of housing in all sectors, identify the availability of and need for tools and resources for affordable and life-cycle housing, be explicit in supporting partnerships for the advocacy for state and federal resources for housing, and encompass policies, best practices, and technical guidance for all types of housing. A plan should also recognize the diversity in local needs, characteristics, and resources. Metro Cities supports strategies such as regional and sub-regional cooperation and the sharing of best practices among local governments and other entities and partners to address the region's affordable housing needs. A policy plan should allow for ongoing research and analysis by the Metropolitan Council to provide communities with timely and updated information on regional and local housing needs and market trends as regional and local needs change and evolve. Metro Cities supports the solicitation and use of local data, inputs and analyses and local governments' review of such data. 2022 Legislative Policies 25 Housing & Economic Development Metro Cities supports continued city representation in any updated or new regional housing policy plan. 3-E Allocation of Affordable Housing Need The affordable housing need allocation methodology determines the number of needed affordable housing units for the metropolitan region and distributes the need by assigning each city its fair share through an affordable housing need number. Minn. Stat. § 473.859 requires cities to guide sufficient land to accommodate local shares of the region's affordable housing need. Metro Cities supports additional Metropolitan Council resources to assist cities in meeting cities' share of the region's affordable housing needs. Metro Cities supports the creation of a variety of housing opportunities. However, the provision of affordable and lifecycle housing is a shared responsibility between the private sector and government at all levels, including the federal government, state government and Metropolitan Council. Land economics, construction costs, and infrastructure needs create barriers to the creation of affordable housing that cities cannot overcome without assistance. Therefore, Metro Cities supports a Metropolitan Council affordable housing policy and allocation of need methodology that recognizes the following tenets: • Regional housing policies characterize individual city and sub-regional housing numbers as a range of needs in the community; • Cities need significant financial assistance from the federal and state government,as well as the Metropolitan Council, to make progress toward creating additional affordable housing and preserving existing affordable housing; • Metropolitan Council planning and policies must be more closely aligned to help ensure that resources for transportation and transit are available to assist communities in addressing their local share of the regional affordable housing need and to ensure that allpopulations have adequate mobility to reach jobs, education and other destinations regardless of where they live; • The Metropolitan Council will not hold cities responsible if a city does not meet its affordable housing need number. However, efforts to produce affordable housing may beconsidered when awarding grants; • The Metropolitan Council, with input by local government representatives, should examine the allocation of need methodology with respect to the relationship between the regional allocation and the local share of the need. The formula should also be routinely evaluated to determine if market conditions have changed or if underlying conditions should prompt readjustment of the formula; 2022 Legislative Policies 26 Housing & Economic Development • The Council should use a methodology that incorporates data accumulated by individual cities and not limited to census driven or policy driven growth projections; • The formula should be adjusted to better reflect the balance and breadth of existing subsidized and naturally occurring affordable housing stocks; and • The Council should work with local governments through an appeals process in order to resolve any local issues and concerns with respect to the need allocations. 3-F Housing Performance Scores The Metropolitan Council calculates a city's housing performance score annually. Scores are determined using an annual city survey as well as Council data. The Council uses city Housing Performance Scores when scoring the Regional Solicitation for federal transportation points. Until 2020, the Council used Housing Performance Scores in Livable Communities grant program scoring criteria. Cities may review their own as well as other cities' Housing Performance Scores periodically to gauge recent activity on affordable housing preservation and new construction. Metro Cities supports Housing Performance Score criteria that recognize varying local resource capacities, tools, programs and policies to support housing production and the market nature of housing development, and that do not limit cities to a prescriptive list of tools and policies. The criteria for determining the score should adequately recognize the current tools, policies and resources employed by local governments. Metro Cities supports a process for local governments to review, comment on and appeal preliminary Housing Performance Scores as well as provide additional information to be used in calculating the scores. Metro Cities supports a consistent schedule for sending the annual housing production survey to cities. In considering Housing Performance Score uses and criteria: • The Council should engage in a periodic review of the formula; • Any proposed new, deleted, or expanded uses or programs in which the Housing Performance Scores would be used should be reviewed by local officials and Metro Cities; and • The Council should recognize market factors such as downward economic cycles when setting timelines and look-backs in calculating recent affordable housing production. 2022 Legislative Policies 27 Housing & Economic Development 3-G State Role in Housing The state must be an active participant in providing funding for housing, including direct funding, financial incentives, and initiatives to assist local governments and developers to support affordable housing and housing appropriate for people at all stages of life. State funding is a major and necessary component for the provision of housing. Current resource levels are insufficient to meet the spectrum of needs in the metropolitan region and across the state. Primarily through programs administered by the Minnesota Housing Finance Agency (MHFA), the state establishes the general direction and prioritization of housing issues, and financially supports a variety of housing, including transitional housing, privately and publicly owned housing, supportive housing, senior housing, workforce housing, and family housing. Minnesota's low-income rental property classification, commonly known as class 4d, allows landlords to certify qualifying low-income rental property. The state must continue to be an active partner in addressing life cycle and affordable housing needs. Workforce housing is generally defined as housing that supports economic development and job growth and is affordable to the local workforce. A statewide program, administered through the Minnesota Housing Finance Agency, supports workforce homeownership efforts in the metropolitan area. State policies and funding should recognize that affordable housing options that are accessible to jobs and meet the needs of a city's workforce are important to the economic competitiveness of cities and the metro region. In addition, significant housing related racial disparities persist in Minnesota, especially as it relates to the percentage of households of color who pay more than 30 percent of their income in housing costs and as it relates to the significant disparity gap in homeownership rates. Metro Cities supports: • Increased, sustainable and adequate state funding for new and existing programs that support life cycle,workforce and affordable housing, address homeownership disparities, address foreclosure mitigation, address housing for families with children, andsupport senior,transitional and emergency housing for the metro region; • A state match for local and regional housing trust fund investments and local policies in support of affordable housing. State funds should be issued on a timeline thatworks with a city's budget process; • Private sector funding for workforce housing; • Housing programs that assist housing development, preservation and maintenanceof existing housing stock,including unsubsidized,naturally occurring affordable housing that is affordable to residents throughout the low-to-moderate income range; • State funded housing programs, including housing assistance, to help with affordability; • Housing programs designed to develop market rate housing in census blocks with emerging or high concentrations of poverty,where the private market might not 2022 Legislative Policies 28 Housing & Economic Development otherwiseinvest, as a means of creating mixed-income communities and reconciling affordable housing with community development goals; • Continuing the policy of using the Minnesota Housing Finance Agency's investment earnings for housing programs; • City input into state legislation and administrative policies regarding distribution oftax credits and tax-exempt bonding; • Exemptions from, or reductions to sales, use and transaction taxes applied to the development and production of affordable housing; • Consideration of the use of state bond proceeds and other appropriations for land banking, land trusts, and rehabilitation and construction of affordable housing; • Programs that help avoid foreclosures, improve homeownership rates and reduce racial disparities through homeownership assistance programs and counseling services, including pre-purchasing counseling to improve financial wellness and inform homeowner and potential homeowners of their rights, options, and costs associated with owning a home; • State tenant protection policies as well as a city's ability to enact tenant protectionsto support access to affordable housing and housing stability for tenants; • Housing stability for renters through policies that mitigate the impact of or reducesthe number of evictions filed; • Policies that encourage public housing authorities and owners of federally assisted housing to consider a holistic approach to selecting tenants during the application and screening process, and avoid excluding tenants solely based on criminal records; • Exploring best practices toward increased housing affordability for residents, housing maintenance standards and providing quality housing for residents. Cities should work with rental housing owners and operators when establishing best practices; • Preserving the state 4d low-income property tax program which provides a property tax benefit to qualifying low-income rental properties. Metro Cities supports evaluating the 4d low-income property tax program to determine how program changes could affect renters, landlords and property taxpayers. Studies should include participation and input from metropolitan local government representatives. Metro Cities opposes any changes to the 4d program that substantially increases the tax responsibility for residents and businesses or increases the tax benefit for landlords without including increased benefits for renters of 4d units including but not limited to deeper affordability or property reinvestment. Metro Cities supports the implementation of a reporting processfor landlords and a sunset period for any changes made to the program to evaluate the range of impacts that expanding the program may have; 2022 Legislative Policies 29 Housing & Economic Development • An affordable housing tax credit to help spur construction and secure additional private investment. This incentive could be used in conjunction with city, regional, or otherstate incentives; and • Maintaining existing municipal authority to establish a housing improvement area (HIA). If the Legislature grants multi-jurisdictional entities the authority to create HIAs, creation of an HIA must require municipal approval. 3-H Federal Role in Affordable and Workforce Housing Federal funding plays a critical role in aiding states and local governments in their efforts to maintain and increase affordable and workforce housing. Providing working families access to housing is an important piece to the economic vitality of the region. Metro Cities encourages the federal government to maintain and increase current levels of funding for affordable and workforce housing. Federal investment in affordable and workforce housing will maintain and increase the supply of affordable and life cycle housing as well as make housing more affordable through rental assistance programs such as the Section 8 housing choice voucher program. In July 2015, the U.S. Department of Housing and Urban Development(HUD) released a final rule on affirmatively furthering fair housing (AFFH) with an aim to provide communities that receive HUD funding with clear guidelines to meet their obligation under the Fair Housing Act of 1968 to promote and reduce barriers to fair housing and equal opportunity. HUD has since provided new guidance to comply with the AFFH rule. Opportunity Zones is a community development program established by Congress in the Tax Cuts and Jobs Act of 2017 to encourage long-term investments in low-income urban and rural communities nationwide. The Opportunity Zones program provides a tax incentive for investors to re-invest their unrealized capital gains into Opportunity Funds that are dedicated to investing into Opportunity Zones. The tax incentive is available for up to ten years. 128 census tracts were designated as Opportunity Zones in 2018. The United States Treasury released rules on April 17, 2019 which provide guidance and clarification for investors and fund managers. It is anticipated that the Act may be a useful tool in spurring development in low- income communities and could help with business development and jobs. There are also questions about what impact the Act will have on the residents that live and businesses that operate in these communities today. For example,while development may have positive impacts such as increasing tax base or job opportunities, robust development could have unintended consequences such as displacement of current residents and businesses. Metro Cities urges the federal government to seek regular input from communities, especially from individuals and businesses within Opportunity Zones, regarding how the tool is being used, whether the tool is encouraging new development opportunities, and how community members 2022 Legislative Policies 30 Housing & Economic Development who live in the Zones are impacted. The State of Minnesota should utilize community development resources to stimulate investment in Opportunity Zones and adopt policies that ensure that local residents, workers and businesses benefit from the investments. Metro Cities supports: • Preserving and increasing funding for the Community Development Block Grant Program (CDBG) and the federal HOME program that are catalysts for creating and preserving affordable housing; • Preserving and increasing resources and incentives to sustain existing public housing throughout the Metro Area; • Maintaining the federal tax credit program to help spur construction and secure additional private investment, including making the four percent Low Income Housing TaxCredit a fixed rate as was done with the nine percent credit in 2015; • Creating and implementing a more streamlined procedural method for local units of government to participate in and access federal funding and services dealing with grants, loans, and tax incentive programs for economic and community development efforts; • Additional resources to assist communities to meet obligations to reduce barriers to and promote fair housing and equal opportunity; • Maintaining and increasing resources to Section 8 funding and to support incentivesfor rental property owners to participate in the program; and • Federal funding to provide short-term assistance for HRAs to facilitate the sale of tax-exempt bonds. 3-I Vacant, Boarded, and Foreclosed Properties and Properties at Risk Abandoned residential and commercial properties can harm communities when vacant buildings result in reduced property values and increased crime. The additional public safety and code enforcement costs of managing vacant properties are a financial strain on cities. Metro Cities supports solutions to vacant and boarded properties that recognize: • Prevention is more cost effective than a cure; • The causes of this problem are many and varied, thus the solutions must be as well; and 2022 Legislative Policies 31 Housing & Economic Development • It is not simply a"city"problem so cities must not be expected to bear the bulk ofthe burden of mitigation. Further,Metro Cities supports: • Registration of vacant and boarded properties; • Allowing cities to acquire vacant and boarded properties before deterioration and vandalism result in unsalvageable structures, including providing financial tools such as increasing eminent domain flexibility; • Improving the ability of cities to recoup the increased public safety, management, and enforcement costs related to vacant properties; • Improvement of the redemption process to provide increased notification to renters, strengthen the ability of homeowners to retain their properties, and reduce the amount of time a property is vacant; • Expedition of the tax forfeiture process; • Increasing financial tools for neighborhood recovery efforts, including tax increment financing; and • Year-round notification by utility companies of properties not receiving utility service. 3-J Housing Ordinance Enforcement A Minnesota State Supreme Court ruling, Morris v. Sax, stated that provisions of the city of Morris' rental housing code were invalid because there were subjects dealt with under the state building code and the city was attempting to regulate these areas "differently from the state building code." Minn. Stat. § 326B.121, subdivision 1 states: "The State Building Code is the standard that applies statewide for the construction, reconstruction, alteration, repair, and use of buildings and other structures of the type governed by the code. The State Building Code supersedes the building code of any municipality." Subdivision 2 states: "A municipality must not by ordinance, or through development agreement, require building code provisions regulating components or systems of any structure that are different from any provision of the State Building Code. This subdivision does not prohibit a municipality from enacting or enforcing an ordinance requiring existing components or systems of any structure to be maintained in a safe and sanitary condition or in good repair, but not exceeding the standards under which the structure was built, reconstructed, or altered, or the component or system was installed, unless specific retroactive provisions for existing buildings have been adopted as part of the State Building Code. A municipality may, with the approval of the state building official, adopt an ordinance that is more restrictive than the State Building Code where geological conditions warrant a more restrictive 2022 Legislative Policies 32 Housing & Economic Development ordinance. A municipality may appeal the disapproval of a more restrictive ordinance to the commissioner." Metro Cities supports the ability of cities to enforce all housing codes passed by a local municipality to maintain its housing stock. 3-K Economic Development, Redevelopment and Workforce Readiness The economic viability of the metropolitan area is enhanced by an array of economic development tools that create infrastructure, revitalize previously developed property, provide incentives for business development, support technological advances, support a trained workforce, and address disparities in economic development and workforce development. It should be the goal of the state to champion development and redevelopment by providing adequate and sustainable funding to assure competitiveness in a global marketplace. The state should recognize the relationship between housing and economic development. Access to affordable child care supports working families and allows parents to enter or remain in the workforce. Economic development and redevelopment are not mutually exclusive— some projects require a boost on both counts. The State of Minnesota should recognize cities as the primary unit of government responsible for the implementation of economic development, redevelopment policies, and land use controls. 3-K (1) Economic Development For purposes of this section, economic development is defined as a form of development that can contain direct business assistance, infrastructure development, technical assistance, and policy support with the goal of sustainable job creation,job retention, appropriate state regulation or classification, or to nurture new or retain existing industry in the state. The measure of return on investment of public business subsidies should include the impact(positive or negative) of "spin-off development" or business development that is ancillary and supportive of the primary business. A strength of the regional economy is its economic diversity. Multiple industry clusters and sectors employ a specialized, trained workforce and support entrepreneurs in developing new businesses. Partnerships and collaborations among the state and local levels of government, higher education and industry should continue to develop, to commercialize new technologies and to support efforts to enhance the economic vitality of the region. While cities are the unit of local government primarily responsible for the implementation of economic development, counties have an interest in supporting local economic development efforts. Any creation of a county CDA, EDA or HRA with economic development powers should follow Minn. Stat. § 469.1082 that requires a city to adopt a resolution electing to participate. Cities can work with the public and private sectors to support the region's economic growth by reducing barriers to economic participation by people of color. Metro Cities supports state funded programs that support new and expanding businesses, infrastructure development and public-private partnerships. This includes the Minnesota Investment Fund, Job Creation Fund and Angel Tax Credit. Programs using statewide funding should strive to award funds balanced between the metro region and greater Minnesota. Metro 2022 Legislative Policies 33 Housing & Economic Development Cities supports competitive funding for statewide grant programs such as the Minnesota Investment Fund(MIF) as opposed to direct legislative appropriations for projects from these funds. Metro Cities supports a percentage of MIF loan repayments to cities. The state should provide administrative support and technical assistance to cities that administer these programs. Applications for state MIF funds should allow a city to indicate support for a MIF grant or a loan. Metro Cities supports economic tools that facilitate job growth without relying solely on the property tax base; green job development and related innovation and entrepreneurship; programs to support minority business start-ups; small business financing tools including a state new markets tax credit program mirrored on the federal program; tools to attract and retain data centers and other IT facilities; access to affordable child care; and maintaining existing municipal authority to establish a special service district (SSD). Metro Cities supports further study of allowing mixed-use buildings that have both commercial and residential uses to be included in an SSD. 3-K (2) Redevelopment Redevelopment involves the development of land that requires "predevelopment."The goal of redevelopment is to facilitate the development of"pre-used" land, thereby leveling the playing field between greenfield and brownfield sites so that a private sector entity can rationally choose to locate on land that has already been used. The benefits of redevelopment include a decrease in Vehicle Miles Traveled(VMTs), more efficient use of new or existing public infrastructure (including public transit), ameliorated city costs due to public safety and code enforcement, and other public goods that result when land is reused rather than abandoned and compact development is encouraged. Metro Cities supports increased funding from state and regional sources. The Metropolitan Council's Livable Communities Act programs fund redevelopment activities that support cleanup and tax base revitalization. Metro Cities supports allowing a maximum levy amount for this program, as provided under law. Metro Cities supports increased and sustained state funds for DEED-administered programs like the Redevelopment Grant Program and Demolition Loan Program, dedicated to metropolitan area projects, innovative Business Development Public Infrastructure grants, as well as increased, flexible and sustained funding for the Contamination Cleanup and Investigation Grant Program. The expansion of transit service throughout the region brings opportunity for redevelopment and transit-oriented development(TOD). Metro Cities supports financing, regulatory tools and increased flexibility in the use of Tax Increment Financing (TIF)to nurture TOD. Metro Cities supports funding Transit Improvement Areas (TIAs) and ensuring that the eligibility criteria encourage a range of improvements and infrastructure and accommodate varying city circumstances and needs. Correcting and stabilizing polluted soils and former landfill sites allows cities to redevelop and reuse properties. Metro Cities supports expansion of existing tools or development of new funding mechanisms to correct unsuitable soils as well as city authority to redevelop land 2022 Legislative Policies 34 Housing & Economic Development previously used as landfills and dumps. If a city receives initial approval from a state regulatory authority, a city's redevelopment project approval should be considered final. Local governments and cities may choose to revitalize historic structures rather than construct new buildings. Metro Cities supports extension of the sunset of the state income tax credit and maintaining the federal tax credit for preservation of historic properties. Metro Cities supports collection of the state refund for the historic expenditures over one year. Metro Cities supports state funding to allow cities and/or their development authorities to assemble small properties so that business expansion sites will be ready for future redevelopment. 3-K (3) Workforce Readiness A trained workforce is important to a strong local,regional, and state economy. Cities have an interest in the availability of qualified workers and building a future workforce based on current and future demographics, as part of their economic development efforts. Cities can work with the public and private sectors to address workforce readiness to include removing barriers to education access, addressing racial disparities in achievement and employment gaps, addressing the occupational gender gap, and support training and jobs for people with disabilities. The state has a role to prepare and train a qualified workforce through the secondary, vocational, and higher education systems and job training and retraining programs in the Department of Employment and Economic Development(DEED), including youth employment programs. Metro Cities supports: • Increased funding for the Job Skills Partnership, youth employment programs and other workforce training programs administered by the state that lead to jobs that providea living wage and benefits, support workers of all abilities, and help address racial disparity gaps in employment; • Innovative workforce programs and partnerships that foster workforce readiness for a full range of jobs and careers, including skilled municipal jobs and current high opportunity areas such as manufacturing and construction; • Investments in programs that address the gender wage gap, including training for women to enter nontraditional careers; • A payroll tax credit for job training programs that invest in employees; and • A city's authority to tie workforce requirements to local public finance assistance. 3-L Tax Increment Financing (TIF) Tax Increment Financing(TIF) continues to be the primary tool available for local communities to assist economic development, redevelopment, and housing. Over time, statutory changes have 2022 Legislative Policies 35 Housing & Economic Development made this critical tool increasingly difficult to use. At the same time, federal and state development and redevelopment resources have been steadily shrinking. The cumulative impact of TIF restrictions, shrinking federal and state redevelopment resources and highly restrictive eminent domain laws constrain cities' abilities to address problem properties, which leads to an accelerated level of decline of developed cities in the metropolitan area. Thus, the only source of revenue available to accomplish the scope of redevelopment necessary is the value created by the redevelopment itself, or the "increment." Without the use of the increment, development will either not occur or is unlikely to be optimal. Metro Cities urges the Legislature to: • Not adopt any statutory language that would further constrain or directly or indirectly reduce the effectiveness of TIF; • Not adopt any statutory language that would allow a county, school district or special taxing district to opt out of a TIF district; • Incorporate the Soils Correction District criteria into the Redevelopment District criteria so that a Redevelopment District can be comprised of blighted and contaminatedparcels in addition to railroad property; • Expand the flexibility of TIF to support a broader range of redevelopment projects; • Amend MN Statutes to clarify that tax increment pooling limitations are calculatedon a cumulative basis; • Increase the ability to pool increments from other districts to support projects; • Continue to monitor the impacts of tax reform on TIF districts and if warranted provide cities with additional authority to pay for possible TIF shortfalls; • Allow for the creation of transit zones and transit-related TIF districts in order to shape development and related improvements around transit stations but not require the use of TIF districts to fund the construction or maintenance of the public transit line itself unless a local community chooses to do so; • Allow TIF eligibility expansion to innovative technological products,recognizing that not only physical items create economic value; • Support changes to TIF law that will facilitate the development of"regional projects"; • Shift TIF redevelopment policy away from a focus on "blight" and "substandard"to "functionally obsolete" or a focus on long range planning for a particular community, reduction in greenhouse gases or other criteria more relevant to current needs; • Encourage DEED to do an extensive cost-benefit analysis related to redevelopment, including an analysis of the various funding mechanisms, and an analysis of where the 2022 Legislative Policies 36 Housing & Economic Development costburden falls with each of the options compared to the distribution of the benefits of the redevelopment project; • Support TIF for neighborhood recovery efforts in the wake of the foreclosure crisis; • Consider creating an inter-disciplinary TIF team to review local exception TIF proposals, using established criteria, and make recommendations to the legislature on their passage; • Encourage the State Auditor to continue to work toward a more efficient and streamlined reporting process. There are an increasing number of noncompliance notices that have overturned longstanding practices or limited statutorily defined terms. The Legislature has not granted TIF rulemaking authority to the State Auditor and the audit powers granted by statute are not an appropriate vehicle for making administrative or legislative changesto TIF statutes. If the State Auditor is to exercise rulemaking authority, the administrative powerto do so must be granted explicitly by the Legislature. The audit enforcement process does not create a level playing field for cities to challenge the Auditor's interpretation of statutes. The Legislature should provide a process through which to resolve disputes over TIF policy that is fair to all parties; • Clarify the use of TIF when a sale occurs after the closing of a district; • Revise the substandard building test to simplify, resolve ambiguities and reduce continued threat of litigation; and • Amend TIF statutes to address, through extending districts or other mechanisms, shortfalls related to declining market values. • Metro Cities supports statutory modifications to TIF statutes to provide temporary flexibility for municipalities in the use of unobligated TIF increment as cities address localrevenue challenges resulting from the COVID-19 pandemic. Metro Cities opposes changesto TIF laws that would mandate the forgiveness of loans by a TIF authority to a business. 3-M Eminent Domain Significant statutory restrictions on the use of eminent domain have resulted in higher public costs for traditional public use projects like streets,parks, and sewers, and have all but restricted the use of eminent domain for redevelopment to cases of extreme blight or contamination. The proper operation and long-term economic vitality of our cities is dependent on the ability of a city, its citizens, and its businesses to continually reinvest and reinvent. Reinvestment and reinvention strategies can occasionally conflict with the priorities of individual residents or business owners. Eminent domain is a critical tool in the reinvestment and reinvention process and without it our cities may deteriorate to unprecedented levels before the public reacts. 2022 Legislative Policies 37 Housing & Economic Development Metro Cities strongly encourages the Governor and Legislature to revisit eminent domain laws to allow local governments to address redevelopment problems before those conditions become financially impossible to address. Specifically, Metro Cities supports: • Clarifying contamination standards; • Developing different standards for redevelopment to include obsolete structures orto reflect the deterioration conditions that currently exist in the metro area; • Allowing for the assembly of multiple parcels for redevelopment projects; • Modifying the public purpose definition under Minn. Stat. 117 to allow cities to more expediently address properties that are vacant or abandoned in areas with high levelsof foreclosures, as well as address neighborhood stabilization and recovery; • Providing the ability to acquire land from "holdouts" who will now view a publicly funded project as an opportunity for personal gain at taxpayer expense; i.e. allow for negotiation using balanced appraisals for fair relocation costs; • Examining attorney fees and limit fees for attorneys representing a property owner; • Allowing for relocation costs not to be paid if the city and property owner agree to a sale contract; • A property owner's appraisal to be shared with the city prior to a sale agreement; and • Appropriately balanced awards of attorney fees and costs of litigation with the outcome of the eminent domain proceeding. 3-N Community Reinvestment Communities across the metropolitan region have aging residential and commercial structures that need repair and reinvestment. Reinvestment prevents neighborhoods from falling into disrepair, revitalizes communities and protects a city's tax base. Metro Cities supports state programs and incentives for reinvestment in older residential and commercial/industrial buildings, such as, but not limited to, tax credits and/or property tax deferrals. Historically, the state has funded programs to promote reinvestment in communities, including the "This Old House" program, that allowed owners of older homestead property to defer an increase in their tax capacity resulting from repairs or improvements to the home and "This Old Shop" for owners of older commercial/industrial property that make improvements that increase 2022 Legislative Policies 38 Housing & Economic Development the property's market value. 3-0 Business Incentives Policy Without a thorough study, the Legislature should not make any substantive changes to the Business Subsidy Act, as defined in Minn. Stat. § 116J.993, but should look to technical changes that would streamline both state and local processes and procedures. The Legislature should distinguish between development incentives and redevelopment activities. In addition, in order to ensure cohesive and comprehensive regulations, the legislature should limit regulation of business incentives to the Business Subsidy Act. Metro Cities supports additional legislation that includes tools to help enhance and facilitate economic development and job creation. Metro Cities supports increased flexibility for meeting business subsidy agreements during a state of emergency. 3-P Broadband Technology Where many traditional economic development tools have focused on managing the costs and availability of traditional infrastructure-roads, rail, and utilities -the 21st century economy is dependent on reliable, cost effective, high bandwidth communications capabilities. This includes voice, video, data, and other services delivered over cable, telephone, fiber-optic, wireless, and other platforms. The state has increased its role in expanding broadband infrastructure across the state by funding broadband access for residents and businesses. The Governor's Broadband Task Force regularly recommends updates to state broadband speed goals and funding levels to expand statewide broadband access. The Office of Broadband Development in the Department of Employment and Economic Development(DEED) supports the role of broadband in economic development. The Office coordinates broadband mapping and administers state broadband grant funds. Cities play a vital role in achieving significantly higher broadband speeds. Local units of government are contributing to increasing broadband capacity and ensuring internet connectivity, reliability, and availability. However, attempts have been made in Minnesota and other states to restrict or stop cities from facilitating the deployment of broadband services or forming partnerships with private sector companies to provide broadband services to unserved or underserved residents or businesses. Restricting municipal authority is contrary to existing state law on electric utility service, telecommunications, and economic development. Metro Cities opposes the adoption of state policies that further restrict a city's ability to finance, construct or operate broadband telecommunications networks. Metro Cities supports: • State policies and support programs that substantially increase speed and capacity of broadband services statewide, including facilitating solutions at the local level. The stateshould offer incentives to private sector service providers to respond to local or regional needs and to collaborate with cities and other public entities to deploy broadband infrastructure capable of delivering sufficient bandwidth and capacity to 2022 Legislative Policies 39 Housing & Economic Development meet immediate and future local needs as well as policies which seek to position Minnesota as a state of choice for testing next-generation broadband; • Metro eligibility for broadband funds, including increased capacity for areas with existing levels of service; • Testing and review of street-level broadband speeds and updating of comprehensive statewide street-level mapping of broadband services to identify underserved areas and connectivity issues. • Programs and projects that improve broadband adoption, achieve significantly higher broadband speeds, and support efforts to improve digital inclusion by ensuring that robust and affordable Internet connectivity is widely available to all Minnesotans. • Municipal authority and encouragement of local governments to play a direct rolein providing broadband service. This includes repealing Minn. Stat. § 237.19. The state should clarify that cities have the authority to partner with private entities to finance broadband infrastructure using city bonding authority; • Local authority to manage and protect public rights-of-way including public and private infrastructure, to zone, to collect compensation for the use of public assets, or to work cooperatively with and respond to applications from the private sector. Cities may exercise local authority over zoning and land-use decisions for siting, upgrading, or alteringwireless service facilities and exercise regulations of structures in the public right-of-way; and • Public-private collaborations that support broadband infrastructure and services atthe local and regional level, including partnerships and cooperation in providing last-mile connections. 3-Q City Role in Environmental Protection and Sustainable Development Historically, cities have played a major role in environmental protection, particularly in water quality. Through the construction and operation of wastewater treatment and storm water management systems, cities are a leader in protecting the surface water of the state. In recent years, increased emphasis has been placed on protecting ground water and removing impairments from storm water. In addition, there is increased emphasis on city participation in controlling our carbon footprint and in promoting green development. Metro Cities supports public and private environmental protection efforts to reduce greenhouse gas emissions and to further protect surface and ground water. Metro Cities also supports "green" design and construction techniques to the extent that those techniques have been thoroughly tested and are truly environmentally beneficial, economically sustainable and represent sound building practices. Metro Cities supports additional, feasible environmental protection with adequate funding and incentives to comply. Metro Cities supports state funding for municipal renewable energy objectives. 2022 Legislative Policies 40 Housing & Economic Development Green jobs represent employment and entrepreneurial opportunities that are part of the green economy, as defined in Minn. Stat. § 116J.437, including the four industry sectors of green products, renewable energy, green services and environmental conservation. Minnesota's green jobs policies, strategies and investments need to lead to high quality jobs with good wages and benefits, meeting current wage and labor laws. 3-R Impaired Waters Local units of government should not bear undue cost burdens associated with completed TMDL reports. As recent Total Maximum Daily Load(TMDL) reports show, non-point agricultural sources are producing more runoff pollution than urban areas at a rate of 13:1. Cities must not be required as primary entities for funding the clean-up and protection of state and regional water resources. Benefits of efforts must be proportional to the costs incurred and agricultural sources must be held responsible for their share of costs. Metro Cities supports continued development of the metropolitan area in a manner that is responsive to the market but is cognizant of the need to protect the water resources of the state and metro area. Since all types of properties are required to pay storm water fees, Metro Cities opposes entity-specific exemptions from these fees. Metro Cities supports the goals of the Clean Water Act and efforts at both the federal and state level to implement it. Metro Cities supports continued funding of the framework established to improve the region's ability to respond to market demands for development and redevelopment, including dedicated funding for surface water impairment assessments, TMDL development, storm water construction grants and wastewater construction grants. 2022 Legislative Policies 41 Metropolitan Agencies 4-A Goals and Principles for Regional Governance The Twin Cities metropolitan region is home to a majority of the state's population and businesses and is poised for significant growth in the next two decades. The region faces both significant challenges and opportunities, the responses to which will determine the future success of the metropolitan region and its competitiveness in the state, national and world economies. The Metropolitan Council was created to manage the growth of the metropolitan region, and cities are responsible for adhering to regional plans as they plan for local growth and service delivery. The region's cities are the Metropolitan Council's primary constituency, with regional and local growth being primarily managed through city comprehensive planning and implementation and the delivery of public services. To function successfully, the Metropolitan Council must be accountable to and work in collaboration with city governments. The role of the Metropolitan Council is to set broad regional goals and to provide cities with technical assistance and incentives to achieve these goals. City governments are responsible and best suited to provide local zoning, land use planning, development and service delivery. Any additional roles or responsibilities for the Metropolitan Council should be limited to specific statutory assignments or grants or authorization and should not usurp or conflict with local roles or processes, unless such changes have the consent of the region's cities. Metro Cities supports an economically strong and vibrant region, and the effective, efficient and equitable provision of regional infrastructure, services and planning throughout the metropolitan area. Metro Cities supports the provision of approved regional systems and planning that can be provided more effectively, efficiently or equitably on a regional level than at the local level by individual local units of government. The Metropolitan Council must involve cities in the delivery of regional services and planning and be responsive to local perspectives on regional issues and be required to provide opportunities for city participation on Council advisory committees and task forces. The Metropolitan Council must involve cities at all steps of planning, review and implementation of the regional development guide, policy plans, systems statements, and local comprehensive plan requirements to ensure transparency, balance and Council adherence to its core mission and functions. These processes should allow for stakeholder input before policies and plans are released for comment and finalized. Any additional functions for the Metropolitan Council should not be undertaken unless authorized specifically by state law. 2022 Legislative Policies 42 Metropolitan Agencies 4-B Regional Governance Structure Metro Cities supports the appointment of Metropolitan Council members by the Governor with four-year, staggered terms for members to stabilize ideological shifts and provide for continuity of knowledge on the Council, which is appropriate for a long-range planning body. The appointment of the Metropolitan Council Chair should coincide with the term of the Governor. Metro Cities supports a nominating committee process that maximizes participation and input by local officials. Metro Cities supports expanding the nominating committee from seven to 13 members, with a majority of a 13-member committee being local elected officials. Of the local officials appointed to a nominating committee, two thirds should be elected city officials, appointed by Metro Cities. Consideration should be given to the creation of four separate nominating committees, with committee representation from each quadrant of the region. Metro Cities supports having the names of recommended nominees or other individuals under consideration for appointment to the Council by the Governor to be made public at least 21 days prior to final selection by the Governor, and a formal public comment period before members are appointed to the Council. Metro Cities supports the appointment of Metropolitan Council members who have demonstrated the ability to work with cities in a collaborative manner, commit to meet with local government officials regularly and who are responsive to the circumstances and concerns of cities in the district that they represent on the Council. Council members should understand the diversity and the commonalities of the region, and the long-term implications of regional decision-making. A detailed position description outlining the required skills, time commitment and understanding of regional and local issues and concerns should be clearly articulated and posted in advance of the call for nominees. Metro Cities supports opportunities for local officials to provide input during the decennial legislative redistricting process for the Metropolitan Council and supports transparency in the redistricting process. 4-C Comprehensive Analysis and Oversight of Metropolitan Council Metro Cities supports specific findings of a 2020 Governor's Blue Ribbon Committee that recommend four year staggered terms for Metropolitan Council members with members appointed by the governor, an expanded nominating committee with a majority of local officials on the committee, and the publication of nominees prior to their appointment. The metropolitan region will continue to expand while simultaneously facing significant challenges for the effective, efficient, and equitable provision of resources and infrastructure. Metro Cities supports an objective study of the Metropolitan Council's activities and services as well as its geographical jurisdiction to ensure that the Metropolitan Council's 2022 Legislative Policies 43 Metropolitan Agencies services are positioned to be effective and adequate in addressing the future needs of the region. Such work must include the participation of local officials. The Metropolitan Council should also examine its scope of services to determine their benefit and efficiency and be open to alternative methods of delivery to assure that services are provided at high levels of effectiveness for the region. Metro Cities supports appropriate legislative oversight of the Metropolitan Council to regularly review the Council's activities, and to provide transparency and accountability of its functions and operations. 4-D Funding Regional Services The Metropolitan Council should continue to fund regional services and activities through a combination of user fees, property taxes, and state and federal grants. The Council should set user fees through an open process that includes public notices and public hearings. User fees should be uniform by type of user and set at a level that supports effective and efficient public services based on commonly accepted industry standards and allows for sufficient reserves to ensure long-term service and fee stability. Fee proceeds should be used to fund regional services or programs for which they are collected. Metro Cities supports the use of property taxes and user fees to fund regional projects so long as the benefit conferred on the region is proportional to the fee or tax, and the fee or tax is comparable to the benefit cities receive in return. 4-E Regional Systems Regional systems are statutorily defined as transportation, aviation, wastewater treatment and recreational open space. The purpose of the regional systems and the Metropolitan Council's authority over them is clearly outlined in state law. The Metropolitan Council must seek a statutory change to alter the focus or expand the reach of any of these systems. Systems plans prepared by the Metropolitan Council should be specific in terms of size, location and timing of regional investments to allow for consideration in local comprehensive planning. Systems plans should also clearly state the criteria by which local plans will be judged for consistency with regional systems. Additional regional systems should be established only if there is a compelling metropolitan problem or concern best addressed through the designation. Common characteristics of the existing regional systems include public ownership of the system and its components and established regional or state funding sources. These characteristics should be present in any new regional system that might be established. Water supply and housing do not meet necessary established criteria for regional systems. Any proposed additional system must have an established regional or state funding source. 2022 Legislative Policies 44 Metropolitan Agencies 4-F Regional Water Supply Planning The Metropolitan Council is statutorily authorized to carry out regional planning activities to address water supply needs of the metropolitan area. A Metropolitan Area Water Supply Advisory Committee (MAWSAC) that includes state agency representatives and local officials was established to assist the Council in developing a master water supply plan that includes recommendations for clarifying the roles of local, regional and state governments, streamlining and consolidating approval processes and recommending future planning and capital investments. The Master Water Supply Plan serves as a framework for assisting communities in their water supply planning, without usurping local decision-making processes. Many cities also conduct their own analyses for use in water supply planning. As the Metropolitan Council continues its assessment of the region's water supply and water sustainability, it must work cooperatively with local policymakers and professional staff throughout the region on an on-going structured basis to ensure a base of information for water supply decision-making that is sound, credible and verifiable, and considers local information, data, cost-benefit analyses and projections before any policy recommendations are issued. Metro Cities encourages the Metropolitan Council to consider the inter-relationships of wastewater treatment, storm water management and water supply. Any state and regional regulations and processes should be clearly stated in the Master Water Supply Plan. Further, regional monitoring and data collection benefits should be borne as shared expenses between the regional and local units of government. Metro Cities supports Metropolitan Council planning activities to address regional water supply needs and water planning activities as prescribed in statute. Metro Cities opposes the insertion of the Metropolitan Council as another regulator in the water supply arena. Further,while Metro Cities supports regionally coordinated efforts to address water supply issues in the metropolitan area, Metro Cities opposes the elevation of water supply to "Regional System" status, or the assumption of Metropolitan Council control and management of municipal water supply infrastructure. Metro Cities supports the technical advisory committee to the MAWSAC that maximizes participation by municipal officials and helps to ensure sound scientific analyses and models are developed with local expertise and input, before legislative solutions are considered. Metro Cities supports efforts to identify capital funding sources to assist with municipal water supply projects. Any fees or taxes for regional water supply planning activities must be consistent with activities prescribed in Minn. Stat. § 473. 1565, and support activities specifically within the region. 4-G Review of Local Comprehensive Plans In advance of the next comprehensive planning cycle, the Metropolitan Council should work with Metro Cities and local officials to address challenges and concerns identified by city officials with the 2018 comprehensive planning process and undertake any necessary 2022 Legislative Policies 45 Metropolitan Agencies improvements. This work should be conducted with opportunities for ongoing input and consultation with local officials as any modifications to the comprehensive planning review processes are considered. Local officials have identified concerns with the submission and review processes for 2018 local plans including requests for information beyond what should be necessary for the Metropolitan Council to review local plans for consistency with regional systems, regional requirements that evolved as local plans were prepared and finalized and finding plans to be incomplete or requiring detailed information on items of a local rather than regional nature, among others. In reviewing local comprehensive plans and plan amendments, the Metropolitan Council should: • Recognize that its role is to review and comment,unless it is found that the local plan ismore likely than not to have a substantial impact on or contain a substantial departure from oneof the four system plans; • Be aware of statutory time constraints imposed by the Legislature on plan amendmentsand development applications; • Provide for immediate effectuation of plan amendments that have no potential for substantial impact on systems plans; • Require the information needed for the Metropolitan Council to complete its review,butnot prescribe additional content or format beyond that which is required by the Metropolitan Land Use Planning Act(LUPA); • Work in a cooperative and timely manner toward the resolution of outstanding issues. When a city's local comprehensive plan is deemed incompatible with the Metropolitan Council's systems plans,Metro Cities supports a formal appeal process that includes a peer review. Metro Cities opposes the imposition of sanctions or monetary penalties when a city's local comprehensive plan is deemed incompatible with the Metropolitan Council'ssystems plans or the plan fails to meet a statutory deadline when the city has made legitimate, good faith efforts to meet Metropolitan Council requirements; • Work with affected cities and other organizations such as the Pollution Control Agency, Department of Natural Resources, Department of Health and other stakeholders to identify common ground and resolve conflicts between respective goals for flexible residential development and achieving consistency with the Council's system plans and policies;and • Require entities, such as private businesses, nonprofits, or local units of government, among others, whose actions could adversely affect a comprehensive plan, to be subject to thesame qualifications and/or regulations as the city. 4-H Comprehensive Planning Process Metro Cities supports examining the comprehensive planning process to make sure that the 2022 Legislative Policies 46 Metropolitan Agencies process is streamlined and efficient and avoids excessive cost burdens or duplicative or unnecessary planning requirements by municipalities in the planning process. Metro Cities supports resources to assist cities in meeting regional goals as part of the comprehensive planning process, including planning grants and technical assistance. Metro Cities supports funding and other resources from the Metropolitan Council for the preparation of comprehensive plan updates, including grant funding. Grants and other resources should be provided to all eligible communities through a formula that is equitable, and recognizes varying city needs and capacities. 4-I Comprehensive Planning Schedule Cities are required to submit comprehensive plan updates to the Metropolitan Council every 10 years. A city's comprehensive plan represents a community's vision of how the city should grow and develop or redevelop, ensure adequate housing, provide essential public infrastructure and services, protect natural areas and meet other community objectives. Metro Cities recognizes the merit of aligning comprehensive plan timelines with the release of census data. However, the comprehensive plan process is expensive, time consuming and labor intensive for cities, and the timing for the submission of comprehensive plans should not be altered solely to better align with census data. If sufficient valid reasons exist for the schedule for the next round of comprehensive plans to be changed or expedited, cities should be provided with financial resources to assist them in preparing the next round of plans. Metro Cities opposes cities being forced into a state of perpetual planning because of regional and legislative actions. Should changes be made to the comprehensive planning schedule, Metro Cities' supports financial and other resources to assist cities in preparing and incorporating policy changes in local planning efforts. Metro Cities supports a 10-year time frame for comprehensive plan update submissions. Metro Cities supports the Metropolitan Council's consideration to reduce requirements for 10-year Comprehensive Plan updates for cities under 2,500. 4-J Local Zoning Authority Local governments are responsible for zoning and local officials should have full authority to approve variances to remain flexible in response to the unique land use needs of their own community. Local zoning decisions, and the implementation of cities' comprehensive plans, should not be conditioned upon the approval of the Metropolitan Council or any other governmental agency. Metro Cities supports local authority over land use and zoning decisions and opposes the creation of non-local appeals boards with the authority to supersede city zoning decisions, and statutory modifications that would diminish the ability of cities to set and implement local zoning ordinances and policies. 2022 Legislative Policies 47 Metropolitan Agencies 4-K Regional Growth The most recent regional population forecast prepared by the Metropolitan Council projects a population of 3,738,047 people by 2040. Metro Cities recognizes cities' responsibility to plan for sustainable growth patterns that integrate transportation, housing,parks, open space and economic development that will result in a region better equipped to manage population growth, to provide a high quality of life for a growing and increasingly diverse metropolitan area population and improved environmental health. In developing local comprehensive plans to fit within a regional framework, adequate state and regional financial resources and incentives and maximum flexibility for local planning decisions are imperative. The regional framework should assist cities in managing growth while being responsive to the individual qualities, characteristics and needs of metropolitan cities, and should encourage sub-regional cooperation and coordination. In order to accommodate this growth in a manner that preserves the region's high quality of life: • Natural resource protection will have to be balanced with growth and development/reinvestment; • Significant new resources will have to be provided for transportation and transit;and • New households will have to be incorporated into the core cities, first and second-ring suburbs, and developing cities through both development and redevelopment. In order for regional and local planning to result in the successful implementation of regional policies: • The State of Minnesota must contribute additional financial resources, particularly in the areas of transportation and transit, community reinvestment, affordable housing development, and the preservation of parks and open space. If funding for regional infrastructure is not adequate, cities should not be responsible for meeting the growth forecast set forth by the Metropolitan Council; • The Metropolitan Council and Legislature must work to pursue levels of state and federal transportation funding that are adequate to meet identified transportation and transit needs in the metropolitan area; • The Metropolitan Council must recognize the limitations of its authority and continue to work with cities in a collaborative, incentives-based manner; • The Metropolitan Council must recognize the various needs and capacities of its many partners, including but not limited to cities, counties, economic development authorities 2022 Legislative Policies 48 Metropolitan Agencies and nonprofit organizations, and its policies must be balanced and flexible in their approach; • Metropolitan counties, adjacent counties and school districts must be brought more thoroughly into the discussion due to the critical importance of facilities and services such ascounty roads and public schools in accommodating forecasted growth; and • Greater recognition must be given to the fact that the "true"metropolitan region extends beyond the traditional seven-county area and the need to work collaboratively with adjacent counties in Minnesota and Wisconsin, and the cities within those counties. The region faces environmental, transportation, and land use issues that cannot be solved by the seven-county metro area alone. Metro Cities supports an analysis to determine the impacts of Metropolitan Council's growth management policies and infrastructure investments on thegrowth and development of the collar counties, and the impacts of growth in the collar counties on the metropolitan area. Metro Cities opposes statutory or other regulatory changes that interfere with established regional and local processes to manage growth in the metropolitan region, including regional systems plans, systems statements, and local comprehensive plans. Such changes erode local planning authority as well as the efficient provision of regional infrastructure, disregard established public processes, and create different guidelines for communities that may result in financial, environmental and other impacts on surrounding communities. 4-L Natural Resource Protection Metro Cities recognizes the Metropolitan Council's efforts to compile and maintain an inventory and assessment of regionally significant natural resources for providing local communities with additional information and technical assistance. The state and region play significant roles in the protection of natural resources. Any steps taken by the state or Metropolitan Council regarding the protection of natural resources must recognize that: • The protection of natural resources is significant to a multi-county area that is home to more than 50 percent of the state's population and a travel destination for many more. Given the limited availability of resources and the artificial nature of the metropolitan area's borders, and the numerous entities that are involved in protecting the natural resources of the region and state,neither the region nor individual metropolitan communities would be well served by assuming primary responsibility for financing and protecting these resources; • The completion of local Natural Resource Inventories and Assessments (NRI/A) is not a regional system nor is it a required component of local comprehensive plans under the Metropolitan Land Use Planning Act; • The protection of natural resources should be balanced with the need to accommodate growth and development, reinvest in established communities, encourage more affordable housing and provide transportation and transit connections; and 2022 Legislative Policies 49 Metropolitan Agencies • Decisions about the zoning or land use designations, either within or outside a public park, nature preserve, or other protected area are, and should remain,the responsibility of local units of government. The Metropolitan Council's role with respect to climate change, as identified in the 2040 regional development guide, should be focused on the stewardship of its internal operations (wastewater, transit) and working collaboratively with local governments to provide information, best practices, technical assistance and incentives around responses to climate change. Metro Cities urges the Legislature and/or the Metropolitan Council to provide financial assistance for the preservation of regionally significant natural resources. 4-M Inflow and Infiltration (I/I) The Metropolitan Council has identified a majority of sewered communities in the metropolitan region to be contributing excessive inflow and infiltration (I/I) into the regional wastewater system or to be on the threshold of contributing excessive inflow and infiltration. Inflow and infiltration are terms for the ways that clear water(ground and storm) makes its way into sanitary sewer pipes and gets treated, unnecessarily, at regional wastewater plants. The number of identified communities is subject to change, depending on rain events, and any city in the metropolitan area can be affected. The Metropolitan Council establishes a surcharge on cities determined to be contributing unacceptable amounts of I/I into the wastewater system. The charge is waived when cities meet certain parameters through local mitigation efforts. Metro Cities recognizes the importance of controlling I/I because of its potential environmental and public health impacts, because it affects the size, and therefore the cost, of wastewater treatment systems and because excessive I/I in one city can affect development capacity of another. However, there is the potential for cities to incur increasingly exorbitant costs in their ongoing efforts to mitigate excessive I/I. Therefore, managing I/I at a regional as well as local level, is critical to effective mitigation and cost management. Metro Cities continues to monitor the surcharge program and supports continued reviews of the methodology used to measure excess I/I to ensure that the methodology appropriately normalizes for precipitation variability and the Council's work with cities on community specific issues around I/I. Metro Cities supports state financial assistance for metro area I/I mitigation through future Clean Water Legacy Act appropriations or similar legislation and encourages the Metropolitan Council to partner in support of such appropriations. Metro Cities also supports resources, including identified best practices, information on model ordinances, public education and outreach, and other tools,to local governments to address inflow/infiltration mitigation for private properties. Metro Cities recognizes recommendations made by a 2016 Inflow/Infiltration Task Force that 2022 Legislative Policies 50 Metropolitan Agencies support considering the use of a portion of the regional wastewater charge for private property inflow/infiltration mitigation. Any proposal to utilize the wastewater fee for this purpose must include the opportunity for local officials to review and comment on specific proposals. Metro Cities supports continued state capital assistance to provide grants to metropolitan cities for mitigating inflow and infiltration problems into municipal wastewater collection systems. 4-N Sewer Availability Charge (SAC) Metro Cities supports a SAC program that emphasizes equity, transparency, simplification and lower rates. Metro Cities supports principles for SAC that include program transparency and simplicity, equity for all served communities and between current and future users, support for cities' sewer fee capacities, administrative reasonableness, and weighing any program uses for specific goals with the impacts to the program's equity, transparency and simplicity. As such, Metro Cities opposes the use of the SAC mechanism to subsidize and/or incent specific Metropolitan Council goals and objectives. Input from local officials should be sought if the SAC reserve is proposed to be used for any purpose other than debt service, including pay-as-you-go (PAYGO). Metro Cities opposes increases to the SAC rate while the reserve is projected to exceed the Metropolitan Council's minimum reserve balance, without the express engagement of city officials in the metropolitan area. Metro Cities supports modifications that were recommended by local and business officials and adopted by the Metropolitan Council in 2018 to use gross rather than net square feet in making SAC determinations, to combine use categories, to adjust the grandfather credit date and to not require a new SAC determination for business remodels that do not change the use of the property. These changes were intended to simplify the SAC program for users, and to reduce incidents of"surprise" SAC charges. Metro Cities supports current SAC policy that enhances flexibility in the SAC credit structure for redevelopment purposes and supports continued evaluation of SAC fees to determine if they hinder redevelopment. Metro Cities supports the Metropolitan Council providing details on how any proposed changes to the SAC rate are determined. Metro Cities supports a periodic review of MCES' customer service policies, to ensure that its processes are responsive and transparent to communities, businesses and residents. Metro Cities supports continued outreach by MCES to users of the SAC program to promote knowledge and understanding of SAC charges and policies. Any modifications to the SAC program or structure should be considered only with the participation and input of local officials in the metropolitan region. Metro Cities supports a "growth pays for growth" approach to SAC. If state statutes are modified to establish a"growth pays for growth"method for SAC,the Metropolitan Council 2022 Legislative Policies 51 Metropolitan Agencies should convene a group of local officials to identify any technical changes necessary for implementing the new structure. Metro Cities supports allowing the Council to utilize a SAC `transfer' mechanism when the SAC reserve fund is inadequate to meet debt service obligations. Any use of the transfer mechanism must be done so within parameters prescribed by state law and with appropriate notification and processes to allow local official input and should include a timely `shift back' of any funds that were transferred from the wastewater fund to the SAC reserve fund. Efforts should be made to avoid increasing the municipal wastewater charge in use of the transfer mechanism. 4-0 Funding Regional Parks & Open Space In the seven-county metropolitan area, regional parks essentially serve as state parks, and the state should continue to provide capital funding for the acquisition, development and improvement of these parks in a manner that is equitable with funding for state parks. State funding apart from Legacy funds should equal 40 percent of the operating budget for regional parks. Legacy funds for parks and trails should be balanced between the metro and greater Minnesota. Metro Cities supports state funding for regional parks and trails that is fair, creates a balance of investment across the state, and meets the needs of the region. 4-P Livable Communities The Livable Communities Act (LCA) is administered by the Metropolitan Council and provides a voluntary, incentive-based approach to affordable housing development, tax base revitalization, job growth and preservation, brownfield clean up and mixed-use, transit-friendly development, and redevelopment. Metro Cities strongly supports the continuation of this approach,which is widely accepted and utilized by cities. Since its inception in 1995 the LCA program has generated billions of dollars of private and public investment, created thousands of jobs and added thousands of affordable housing units in the region. Metro Cities monitors the LCA programs on an ongoing basis and supports any necessary program modifications to ensure that the LCA program criteria are flexible and promote the participation of all participating communities, and to ensure all metropolitan area cities are eligible to participate in the Livable Communities Demonstration Account(LCDA). Metro Cities supports increased funding and flexible eligibility requirements in the LCDA to assist communities with development that may not be exclusively market driven or market proven in the location,in order to support important development and redevelopment goals. Metro Cities supports the findings of a recent local official working group that identified the need for the Metropolitan Council to expand its outreach to communities on the LCA programs and to continue efforts to ensure that LCA criteria are sufficiently flexible to meet the range of identified program objectives. These efforts should 2022 Legislative Policies 52 Metropolitan Agencies include ongoing opportunities for structured input by Metro Cities and local officials. Metro Cities supports the statutory goals and criteria established for the Livable Communities Act and opposes any changes to LCA programs that constrain flexibility in statutory goals or program requirements and criteria. Metro Cities is monitoring 2021 modifications to the LCA program to ensure that program criteria are responsive to local needs within the context of overall LCA objectives. Metro Cities opposes funding reductions to the Livable Communities Act programs and the transfer or use of these funds for purposes outside of the LCA program. Metro Cities supports statutory modifications in the LCDA to reflect the linkages among the goals,municipal objectives, and Metropolitan Council system objectives. Metro Cities supports the use of LCA funds for projects in transit improvement areas, as defined in statute,if funding levels for general LCA programs are adequate to meet program goals and the program remains accessible to participating communities. Any proposed program modifications should be considered with input by local officials before changes to LCA programs are enacted or implemented. Use of interest earnings from LCA funds should be limited to covering administrative program costs. Remaining interest earnings should be considered part of LCA funds and used to fund grants from established LCA accounts per established funding criteria. 4-Q Density Metro Cities recognizes the need for a density policy, including minimum density requirements, that allows the Metropolitan Council to effectively plan for and deliver cost-efficient regional infrastructure and services. Regional density requirements must recognize that local decisions, needs and priorities vary, and that requirements must be sufficiently flexible to accommodate local circumstances as well as the effect of market trends on local development and redevelopment activity. The Metropolitan Council asks cities to plan for achieving minimum average net densities across all areas identified for new growth, development or redevelopment. Because each community is different, how and where density is guided is determined by the local unit of government, regional density requirements should use minimum average net densities. Metro Cities opposes parcel-specific density requirements as such requirements are contrary to the need for local flexibility in a regional policy. Any regional density policy must use local data and local development patterns and must accommodate local physical and land use constraints such as, but not limited to, wetlands, public open space, trees, water bodies and rights-of-way, and any corresponding federal and state regulations imposed on local governments when computing net densities. 2022 Legislative Policies 53 Metropolitan Agencies The Metropolitan Council must coordinate with local governments in establishing or revising regional density requirements and should ensure that regional density and plat monitoring reports comprehensively reflect local densities and land uses. 2022 Legislative Policies 54 Transportation ._ Transportation Policies and Funding Introduction Metro Cities supports a comprehensive transportation system as a vital component in planning for and meeting the physical, social, and economic needs of the state and metropolitan region. A comprehensive transportation system includes streets and bridges, transit, and multi-modal solutions that work cohesively to best meet state, regional and local transportation needs. Adequate and stable sources of funding are necessary to ensure the development and maintenance of a high quality, efficient and safe transportation system that meets these needs and that will position the state and region to be economically competitive in the years ahead. Failure to maintain a functional transportation system will have adverse effects on the state's ability to attract and retain businesses and create jobs. Transportation funding and planning must be a high priority for state, regional and local policymakers so that the transportation system can meet the needs of the state's residents and businesses as well as projected population growth. Funding and planning for regional and statewide systems must be coordinated at the federal, state, regional and local levels to optimally achieve long-term needs and goals. 5-A Road and Bridge Funding Under current financing structures that rely primarily on local property taxes and fees as well as the motor vehicle sales tax (MVST) receipts, road and bridge needs in the metropolitan region continue to be underfunded. Metro Cities strongly supports stable, sufficient, and sustainable statewide transportation funding and expanded local tools to meet the transportation system needs of the region and local municipal systems. Consideration should be given to using new, expanded, and existing resources to meet these needs. Metro Cities supports the use of dedicated taxes and fees to fund transportation infrastructure. In addition, cities lack adequate tools and resources for the maintenance and improvement of municipal street systems, with resources restricted to property taxes and special assessments. It is imperative that alternative revenue generating authority be granted to municipalities and that state resources be made available for this purpose to aid local communities and relieve the burden on the property tax system. Metro Cities supports Municipal State Aid Street(MSAS) funding. MSAS provides an important but limited revenue source that assists eligible cities with street infrastructure needs and is limited to twenty percent of a city's street system. Metro Cities supports state funding to assist cities over-burdened by cost participation responsibilities from improvement projects on the state's arterial system and county state aid highway(CSAH) systems. Metro Cities supports state funding for state highway projects,including congestion, 2022 Legislative Policies 55 Transportation bottleneck and safety improvements. Metro Cities also supports state financial assistance, as well as innovations in design and construction,to offset the impacts of regional transportation construction projects on businesses. Metro Cities opposes statutory changes restricting the use of local funds for transportation projects. Metro Cities opposes restrictions on aesthetic related components of transportation projects, as these components often provide important safety and other benefits to projects. Metro Cities supports further research into the policy implications for electric and automated vehicles on roadways,transit, and other components of transportation systems. Metro Cities encourages the state to study the impact of electric and automated vehicles on transportation related funding and policies. 5-B Regional Transit System The Twin Cities Metropolitan Area needs a multi-modal regional transit system as part of a comprehensive transportation strategy that serves all users, including commuters and the transit dependent. The transit system should be composed of a mix of high occupancy vehicle (HOV) lanes, high occupancy toll(HOT) lanes, a network of bike and pedestrian trails, bus rapid transit, express and regular route bus service, exclusive transit ways, light rail transit, streetcars, and commuter rail corridors designed to connect residential, employment, retail, and entertainment centers. The system should be regularly monitored and adjusted to ensure that routes of service correspond to the region's changing travel patterns. Current congestion levels and forecasted population growth require a stable, reliable, and growing source of revenue for transit construction and operations so that our metropolitan region can meet its transportation needs to remain economically competitive. Metro Cities supports an effective, efficient, and comprehensive regional transit system as an invaluable component in meeting the multimodal transportation needs of the metropolitan region and to the region's economic vibrancy and quality of life. Metro Cities recognizes that transit service connects residents to jobs, schools, health care, and activity centers. Transit access and service frequency levels should recognize the role of public transit in addressing equity, including but not limited to racial and economic disparities,people with disabilities and the elderly. Metro Cities supports strategic expansion of the regional transit system. Metro Cities supports a regional governance structure that ensures a measurably reliable and efficient system, recognizes the diverse transit needs of our region and addresses funding needs for all components of the system. These structures must work with and be responsive to the needs of the communities they serve. Metro Cities supports an open and collaborative regional transportation planning process that fully engages all public transit providers as partners in ongoing policy development to achieve desired outcomes, including establishment of transit project criteria that promote fair and equitable selection of projects throughout the region and transparent regional 2022 Legislative Policies 56 Transportation distribution of available funding. Metro Cities recognizes the need for flexibility in transit systems for cities that border the edges of the seven-county metropolitan area to ensure users can get to destinations outside of the seven-county area. Metro Cities encourages the Metropolitan Council to coordinate with collar counties so that riders can get to and from destinations beyond the boundaries of the region. Metro Cities opposes statutory changes restricting the use of local funds for planning or construction of transit projects. Restricting local planning and funding limits the ability of cities to participate in transit corridor planning and development. State and regional policymakers must coordinate with local units of government as decisions are made at the state level on transit projects that also involve municipal planning, funding, and policy decisions. Metro Cities is opposed to legislative or Metropolitan Council directives that constrain the ability of metropolitan transit providers to provide a full range of transit services, including reverse commute routes, suburb-to-suburb routes,transit hub feeder services or new, experimental services that may show a low rate of operating cost recovery from the fare box. In the interest of including all potential options in the pursuit of a regionally balanced transit system, Metro Cities supports the repeal of the gag order on the Dan Patch Commuter Rail Line and opposes the imposition of legislative moratoriums on the study, planning, design, or construction of specific transit projects. In the interest of safety and traffic management, Metro Cities supports further study of rail safety issues relating to water quality protections, public safety concerns relating to derailments,traffic implications from longer and more frequent trains and the sensitive balance between rail commerce and the quality-of-life impacts on the communities through which they pass. The COVID-19 crisis has had dramatic effects on public transit service, including changing business practices that are likely to substantially reduce transit demand for the foreseeable future. Adverse economic effects threaten revenues available to fund transit operations. Suburban transit providers are concerned that funding challenges may be used to attempt to justify a repeal of their authorizing legislation and to consolidate transit services into a single regional entity. This would result in reverting to conditions existing nearly 40 years ago when inadequate service caused twelve suburbs to elect not to be part of the traditional transit system.- Metro Cities strongly supports the autonomy of suburban transit providers to conduct operations to meet demonstrated and unique needs in their designated service areas independent from the operations of other regional transit providers. 5-C Transit Financing Shifting demographics in the metropolitan region will mean increased demand for various modes of transit in areas with and without current transit service. MVST revenue projections are 2022 Legislative Policies 57 Transportation unpredictable, and the Legislature has repeatedly reduced general fund support for Metro Transit, which contributes to persistent operating deficits for regional transit providers. Operating subsidies necessary to support a regional system should come from regional and statewide funding sources and not local taxpayers. In recent years, state and regional resources for transit have diminished, with costs shifting to local taxpayers in the metropolitan area. A system of transit provides significant economic benefits to the state and metropolitan region and must be supported with state and regional revenue sources. In addition, capital costs for the expansion of the regional transit system should be supported through state and regional sources,and not the sole responsibility of local units of government. Metro Cities supports stable and predictable state and regional revenue sources to fund operating and capital expenses for all regional transit providers and Metro Mobility at a level sufficient to meet the growing operational and capital transit needs of the region and to expand the system to areas that lack sufficient transit service options. Metro Cities continues to support an advisory role for municipal officials in decisions associated with local transit projects. 5-D Street Improvement Districts Funding sources for local transportation projects are limited to the use of Municipal State Aid Street Program(MSAS),property taxes and special assessments. In addition, cities under 5,000 in population are not eligible for MSA. With increasing pressures on city budgets and limited tools and resources, cities are finding it increasingly difficult to maintain aging streets. Street improvement districts allow cities in developed and developing areas to fund new construction as well as reconstruction and maintenance efforts. The street improvement district is designed to allow cities, through a fair and objective fee structure, to create a district or districts within the city in which fees are raised on properties in the district and spent within the boundaries of the district. Street improvement districts would also aid cities under 5,000 with an alternative to the property tax system and special assessments. Metro Cities supports the authority of local units of government to establish street improvement districts. Metro Cities also supports changes to special assessment laws to make assessing state-owned property a more predictable process with uniformity in the payment of assessments across the state. 5-E Highway and Bridge Turn Backs & Funding Cities do not have the financial capacity and in many cities the technical expertise other than through significant property tax increases, to absorb additional roadway or bridge infrastructure responsibilities without new funding sources. The existing municipal turnback fund is not adequate based on contemplated turn backs. 2022 Legislative Policies 58 Transportation Metro Cities supports jurisdictional reassignment or turnback of roads (Minn. Stat. § 161.16, subd. 4) on a phased basis using functional classifications and other appropriate criteria subject to a corresponding mechanism for adequate funding of roadway improvements and continued maintenance. Metro Cities does not support a wholesale turnback of county or state roads or bridges without the consent of the municipality and the total cost, agreed to by the municipality, being reimbursed to the city in a timely manner. The process for establishing state policies to assign a shared cost participation for newly constructed or rebuilt bridges over trunk highways to local officials, must include input by the local municipalities affected, and any assigned shared costs and responsibilities must be agreed to by the municipalities. 5-F "3C" Transportation Planning Process: Elected Officials' Role The Transportation Advisory Board (TAB) was developed to meet federal requirements, designating the Metropolitan Council as the organization that is responsible for a continuous, comprehensive and cooperative (3C) transportation planning process to allocate federal funds among metropolitan area projects. Input by local officials into the planning and prioritization of transportation investments in the region is a vital component of these processes. Metro Cities supports continuation of the TAB with a majority of locally elected municipal officials as members and participating in the process. 5-G Electronic Imaging for Enforcement of Traffic Laws Enforcement of traffic laws with cameras and other motion imaging technology has been demonstrated to improve driver compliance and safety. Metro Cities supports local law enforcement agencies having the authority to use such technology, including photos and videos, to enforce traffic laws. 5-H Transportation Network Companies and Alternative Transportation Modes The introduction of transportation network companies (TNC) such as Lyft and Uber, vehicle sharing and other wheeled transportation modes such as bicycles and scooters, require the need for local officials to determine licensing and inspection requirements for these modes, and to address issues concerning management over public rights-of-way. Cities have the authority to license rideshare companies, inspect vehicles, license drivers, and regulate access to sidewalks and streets. The use of autonomous delivery robots and aerial drones in public rights-of-way is also becoming more prevalent and cities must maintain and enhance the authority necessary to regulate the use of these vehicles to ensure safe use of the public right of way. Metro Cities supports the authority of local officials to regulate and establish fees on these transportation modes. Emerging and future transportation technologies have potentially 2022 Legislative Policies 59 Transportation significant implications for local public safety and local public service levels, the needs and impacts of which vary by community. 5-I Airport Noise Mitigation Acknowledging that the communities closest to MSP and reliever airports are significantly impacted by noise, traffic, and other numerous expansion-related issues: • Metro Cities supports the broad goal of providing MSP-impacted communities greater representation on the Metropolitan Airports Commission (MAC). Metro Cities encourages continued communication between MAC commissioners and the cities they represent. Balancing the needs of the MAC, the business community and the airport host cities and their residents requires open communication, planning and coordination. Cities must be viewed as partners with the MAC in resolving differences that arise out of airport projects and the development of adjacent parcels. Regular contact between the MAC and cities throughout a project proposal process will enhance communication and problem solving. The MAC should provide full funding for noise mitigation for all structures in communities impacted by flights inand out of MSP; and • Metro Cities supports noise abatement programs and expenditures and the work ofthe Noise Oversight Committee to minimize the impacts of MAC operated facilities on neighboring communities. The MAC should determine the design and geographic reach of these programs only after a thorough public input process that considers the priorities and concerns of impacted cities and their residents. The MAC should provide full funding for noise mitigation for all structures in communities impacted by flights in and out of MSP. 5-J Funding for Non-Municipal State Aid (MSAS) City Streets Cities under 5,000 in population do not directly receive non-property tax funds for collector and arterial streets. Cities over 5,000 residents have limited eligibility for dedicated Highway User Tax Distribution Fund dollars, which are capped by the state constitution as being available for up to twenty percent of streets. Current County State Aid Highway(CSAH) distributions to metropolitan counties are inadequate to provide for the needs of smaller cities in the metropolitan area. Possible funding sources include the five-percent set-aside account in the Highway User Tax Distribution Fund, modification to county municipal accounts, street improvement districts, and/or state general funds. The 2015 Legislature created a Small Cities Assistance Account that is distributed through a formula to cities with populations under 5,000. The Account has received periodic one-time appropriations, but no stable or dedicated source of funding. Cities need long-term, stable, funding for street improvements and maintenance. Metro Cities supports additional resources and flexible policies to meet local infrastructure needs and increased demands on city streets. Metro Cities also supports sustainable state funding sources for non-MSAS city streets, including funding for the Small Cities Assistance Account as well as support for the creation and funding of a Large Cities Assistance 2022 Legislative Policies 60 Transportation Account. 5-K County State Aid Highway (CSAH) Distribution Formula Significant resource needs remain in the metro area CSAH system. Revenues provided by the Legislature for the CSAH system have resulted in a higher number of projects being completed, however, greater pressure is being placed on municipalities to participate in cost sharing activities, encumbering an already over-burdened local funding system. When the alternative is not building or maintaining roads, cities bear not only the costs of their local systems but also pay upward of fifty percent of county road projects. Metro Cities supports special or additional funding for cities that have burdens of additional cost participation in projects involving county roads. CSAH eligible roads were designated by county engineers in 1956 and although only 10 percent of the CSAH roads are in the metro area, they account for nearly 50 percent of the vehicle miles traveled. The CSAH formula passed by the Legislature in 2008 increased the amount of CSAH funding for the metropolitan area from 18 percent in 2007 to 21 percent in 2011. The formula helps to better account for needs in the metropolitan region but is only the first step in addressing needs for additional resources for the region. Metro Cities supports a new CSAH formula more equitably designed to fund the needs of our metropolitan region. 5-L Municipal Input/Consent for Trunk Highways and County Roads State statutes direct the Minnesota Department of Transportation(MnDOT) to submit detailed plans, with city cost estimates, at a point one-and-a-half to two years prior to bid letting, at which time public hearings are held for community input. If MnDOT does not concur with requested changes, it may appeal. Currently, that process would take a maximum of three and a half months and the results of the appeals board are binding on both the city and MnDOT. Metro Cities supports the municipal consent process and opposes changes to weaken municipal consent or adding another level of government to the consent process. Metro Cities opposes changes to current statutes that would allow MnDOT to disregard the appeals board ruling for state trunk highways. Such a change would significantly minimize MnDOT's need to negotiate in good faith with cities for appropriate project access and alignment and would render the public hearing and appeals process meaningless. Metro Cities also opposes the elimination of the county road municipal consent and appeal process for these reasons. 5-M Plat Authority Current law grants counties review and comment authority for access and drainage issues for city plats abutting county roads. Metro Cities opposes any statutory change that would grant counties veto power or that would shorten the 120-day review and permit process time. 2022 Legislative Policies 61 Transportation 5-N MnDOT Maintenance Budget The state has failed in its responsibility for maintaining major roads throughout the state by requiring, through omission, that cities bear the burden of maintaining major state roads. MnDOT should be required to meet standards adopted by cities through local ordinances, or reimburse cities for labor, equipment and material used on the state's behalf to improve public safety or meet local standards. Furthermore, if a city performs maintenance, the city should be fully reimbursed. Metro Cities supports MnDOT taking full responsibility for maintaining state-owned infrastructure and property,including, but not limited to, sound walls and right of way, within city limits. Metro Cities supports cooperative agreements between cities and MnDOT, which have proven to be effective in other parts of the state. Metro Cities supports adequate state funding for the maintenance of state rights-of-way. 5-0 Transit Taxing District The transit taxing district, which funds the capital cost of transit service in the Metropolitan Area through the property tax system, is inequitable. Because the boundaries of the transit taxing district do not correspond with any rational service line nor is being within the boundaries a guarantee to receive service, cities within and outside of the taxing district are contributing unequally to the transit service in the Metropolitan Area. This inequity should be corrected. Metro Cities supports a stable revenue source to fund both the capital and operating costs for transit at the Metropolitan Council. However, Metro Cities does not support the expansion of the transit taxing district without a corresponding increase in service and an overall increase in operational funds. To do so would create additional property taxes without a corresponding benefit. 5-P Complete Streets A complete street may include sidewalks, bike lanes (or wide paved shoulders), special bus lanes, comfortable and accessible public transportation stops, frequent and safe crossing opportunities, median islands, accessible pedestrian signals, curb extensions, narrower travel lanes and more. A complete street in a rural area will differ from a complete street in a highly urban area, but both are designed to balance safety and convenience for everyone using the road. Metro Cities supports options in state design guidelines for complete streets that would give cities greater flexibility to: • Safely accommodate all modes of travel; 2022 Legislative Policies 62 Transportation • Lower traveling speeds on local streets; • Address city infrastructure needs; and • Ensure livability in the appropriate context for each city. Metro Cities opposes state-imposed mandates that would increase street infrastructure improvement costs in locations and instances where providing access for alternative modes including cycling and walking are deemed unnecessary or inappropriate as determined by local jurisdictions. 2022 Legislative Policies 63 2021 Municipal Revenues Committee Members I_Name Title Organization Lance Benninghoff Policy Analyst In-Transition _ Brooke Bordson Senior Project Coordinator-Government Affairs _Metropolitan Council _I Bridget Bruska Finance Director Rogers Gary Carlson IGR Director League of MN Cities Casey Casella Management Analyst Savage Jim Dickinson City Administrator Andover Lori Economy-Scholler* Chief Financial Officer Bloomington LaTonia Green Finance Director Brooklyn Park Dana Hardie City Manager Victoria Steven Huser Government Relations Representative Minneapolis Tom Lawell City Administrator Apple Valley Daniel Lightfoot IGR Representative League of MN Cities Kristi Luger City Manager Excelsior Melanie Mesko Lee City Manager Burnsville Madeline Mitchell Senior Budget Analyst St. Paul Fatima Moore Senior Government Relations Representative Minneapolis Darin Nelson Finance Director Minnetonka Alysen Nesse Government Relations Representative Minneapolis Loren Olson Government Relations Representative Minneapolis Michael Sable Assistant City Manager Maplewood Cara Schulz Councilmember Burnsville Steven Stahmer City Administrator Rogers Christian Taylor Policy Associate St. Paul Christina Volkers City Administrator Oakdale ThaoMee Xiong Intergovernmental Relations Director St. Paul Nyle Zikmund City Administrator Mounds View *Committee Chair 64 2021 Housing & Economic Development Committee Members Name Title Organization Karen Barton Community Development Director St. Louis Park Karl Batalden Community Development Coordinator Woodbury Lance Benninghoff Policy Analyst In -Transition Josh Berg Councilmember Elko New Market Kim Berggren —Community Development Director Brooklyn Park Brooke Bordson Senior Project Coordinator- Government Affairs Metropolitan Council Jody Brennan Councilmember Shakopee Connie Buesgens Councilmember Columbia Heights Heather Butkowski City Administrator Lauderdale Gary Carlson _IGR Director League of MN Cities Marty Doll Community & Economic Development Director Victoria Jenni Faulkner Community Development Director Burnsville Jason Gadd Mayor Hopkins Ben Gozola Asst. Director of Community Assets and Development New Brighton Janice Gundlach Community Development Director Roseville Maurice Harris Councilmember Golden Valley Bryan Hartman HRA Program Manager Bloomington Stephanie Hawkinson Affordable Housing Development Manager and Planning I Edina Chris Heineman City Administrator Little Canada Joe Hogeboom Community & Economic Development Director Maple Grove Steven Huser Government Relations Representative Minneapolis Steve Juetten Community Development Director Plymouth Irene Kao IGR Counsel League of MN Cities Daniel Lightfoot IGR Representative League of MN Cities Fatima Moore Senior Government Relations Representative Minneapolis Alysen Nesse Government Relations Representative Minneapolis Bruce Nordquist Community Development Director Apple Valley 1 Loren Olson Government Relations Representative Minneapolis Richard Paul Councilmember Blaine Cara Schulz Councilmember Burnsville Tracy Shimek* Community Development Director White Bear Lake Cherie Shoquist Housing & Economic Development Manager Golden Valley Lori Sommers Senior Planner Plymouth Mike Supina Councilmember Eagan Christian Taylor Policy Associate St. Paul Julie Urban Housing & Redevelopment Manager Richfield Jason Wedel City Manager Prior Lake Julie Wischnack Community Development Director Minnetonka ThaoMee Xiong Intergovernmental Relations Director St. Paul *Committee Chair 65 2021 Metropolitan Agencies Committee Members Name Title Organization Lance Benninghoff Policy Analyst In -Transition Brooke Bordson Senior Project Coordinator-Government Affairs Metropolitan Council Deb Calvert Councilmember Minnetonka Jim Dickinson City Administrator Andover Thomas Fletcher Councilmember Greenwood Gary Hansen Councilmember Eagan Dana Hardie City Manager Victoria Steven Huser Government Relations Representative Minneapolis Elizabeth Kautz Mayor Burnsville Gregg Lindberg Deputy City Manager Burnsville Amada Marquez Simula Mayor Columbia Heights Deb McMillan Mayor Victoria Fatima Moore Senior Government Relations Representative Minneapolis Alysen Nesse Government Relations Representative Minneapolis Loren Olson Government Relations Representative Minneapolis Jay Stroebel* City Manager Brooklyn Park Christian Taylor Policy Associate St. Paul ThaoMee Xiong Intergovernmental Relations Director St. Paul Nyle Zikmund City Administrator Mounds View *Committee Chair 66 2021 Transportation & General Government Policy Committee Members Name I Title Organization _ Geralyn Barone _ City Manager Minnetonka Lance Benninghoff _ Policy Analyst In-Transition Josh Berg _ Councilmember Elko New Market Brooke Bordson Senior Project Coordinator-Government Affairs Metropolitan Council Jody Brennan Councilmember Shakopee Kissy Coakley Councilmember Minnetonka Anne Finn Assistant IGR Director League of MN Cities Thomas Fletcher Councilmember Greenwood Jason Gadd Mayor Hopkins Gary Hansen Councilmember Eagan Mike Huan * Councilmember Chaska Steven Huser Government Relations Representative Minneapolis Irene Kao _ IGR Counsel League of MN Cities_ Dan Keale Councilmember Burnsville Larry Kraft Councilmember St. Louis Park Brad Larson City Administrator Savage Stephanie Levine Mayor Mendota Heights Daniel Lightfoot IGR Representative League of MN Cities Mark Maloney Public Works Director Shoreview Tom McCarty _ City Administrator Stillwater _ Mary McComber Mayor Oak Park Heights Deb McMillan Mayor Victoria Justin Miller _ City Administrator Lakeville Fatima Moore _ Senior Government Relations Representative Minneapolis Heidi Nelson _ City Administrator Maple Grove Alysen Nesse Government Relations Representative Minneapolis Loren Olson Government Relations Representative Minneapolis Ryan Peterson Public Works Director Burnsville Dan Ruiz Public Works Director Brooklyn Park Dave Shoger Public Works Director Victoria _ Christian Taylor _ Policy Associate St. Paul Michael Thompson Public Works Director Plymouth _ Wally Wysopal City Manager Fridley ThaoMee Xiong 1 Intergovernmental Relations Director St. Paul Nyle Zikmund 1 City Administrator Mounds View *Committee Chair 67 111"0/20C•0 MUNICIPAL LEGISLATIVE COMMISSION MLC 2022 LEGISLATIVE PLATFORM — DRAFT Housing and Home Ownership Housing is a top priority for MLC cities, particularly in supporting affordable home ownership for low to moderate income residents. Increasing access to home ownership for black, indigenous, and people of color is a high priority for our Association. A variety of housing options within each of our cities is very important, however MLC is focusing its efforts on access to moderately priced starter homes, which will enhance the ability of Minnesotans to achieve inter-generational wealth growth via homeownership. Specifically, supporting initiatives and funding to secure and maintain existing housing stock (NOAH) as well as find ways to incentivize builders to bring affordable housing options to our cities. Opportunities for affordable home ownership continue to be a challenge in our communities for a number of reasons, especially as the real estate market has transformed the housing industry and builders are now focusing on single-family and townhomes with more square footage and higher quality amenities than previously, which drive up the cost of housing transactions. In addition to the changes driven by the market, Minnesota faces a variety of challenges including an underproduction of new home construction for the past 10 years, the high cost and scarcity of land, building materials, and labor, the exceptionally active real estate market, institutional investors purchasing existing homes with significant conversion to rental as well as other market forces. In order to address this challenge, a variety of housing solutions will be necessary to provide more affordable home ownership opportunities including significant State investments. Below are some potential solutions that MLC supports to increase access to affordable home ownership: I) Support for Affordable Home Ownership Defined as buyers making 80%AMI and spending no more than 30%of their income on housing. a. Restructure the Minnesota Housing Finance Agency's first-time homebuyer program i. Offer larger per unit financial investment s in a manner that offers a larger per unit financial investment to address impacts of PMI/MIP (Private Mortgage Insurance/Mortgage Insurance Premium) b. Incentivize production of affordable homes by: i. Supporting a state tax exemption/credit ii. Supporting a state program to waive city fees for production of affordable homes (based on the definition of affordability) Waived fees by cities would be reimbursed through state program to avoid passing on costs to existing tax payers. c. Increase state funding for community land trusts d. Support financing opportunities for BIPOC first-time home-buyers II) Collaboratively address statewide housing cost drivers a. Streamline state building codes and determine if existing codes create competitive advantages for neighboring states b. Eliminate duplication and redundancy between the agencies involved in the storm water/environmental permitting process III) Preserve existing affordable homes a. Support NOAH preservation grants b. Continued investment in housing infrastructure bonds. c. Expand NOAH Preservation programs to include townhome and condominium ownership IV) Preserve local autonomy and community characteristics a. Support city authority to protect existing tax payers and recover costs associated with development activity including street infrastructure b. Preserve local government authority for land use decisions-zoning and regulatory controls c. Recognize benefits of having a diverse collection of communities that provide choices across the housing spectrum Infrastructure and Transportation Investments According to census data, MLC cities combined are among the biggest job producing areas in the state with over half a million employees (619,470) compared to Minneapolis/St. Paul with a combined total of 518,637. Along with those jobs comes added congestion and demand on transit and roads in MLC Cities. MLC supports increased, regionally balanced, investment in transportation and infrastructure to maintain and grow a robust transportation network. Specific policies and programs supported by MLC include: a. Increased investments in Corridors of Commerce b. Increased investments in Transportation Economic Development c. Passage of a robust, regionally balanced bonding bill that includes significant investment in suburban communities. d. Full funding of required state match so that Minnesota can take advantage of increased federal investments in infrastructure. e. Flexibility for cities to impose infrastructure fees so the costs of new development aren't shifted onto existing taxpayers. Workforce Support and Economic Expansion As the Governor's Council on Economic Expansion recently noted, housing and workforce issues are closely related. MLC supports the Council's recommendations on Housing and on increased investments in economic development. Specific policies and programs supported by MLC include: a. Increased investment in the Minnesota Investment Fund (MIF) b. Increased investment in the Job Creation Fund (JCF) c. Partnership and coordination at the local, state and federal level to maximize federal investments in economic development d. Support the recommendations of the Governor's Council on Economic Expansion, especially investments that help all-levels of government support businesses and innovation in their communities. Tax Policy and Local Issues MLC supports local control, including in the areas of taxes and fiscal policy. MLC supports policies that promote greater stability and predictability in the fiscal relationship between the state and local units of government. Specific policies and programs supported by MLC include: a. Simplifying the process for a sales tax exemption on construction materials for cities, counties, school districts and other local governments. b. Preserve the integrity of the Fiscal Disparities Program by not removing revenue from the pool to pay for one-off legislative priorities. c. Support Repeal of the Local Government Salary Cap For questions about the MLC's Legislative Program, please contact: • Tom Poul tpoul@messerlikramer.com • Katy Sen ksen@messerlikramer.com • Shiloh Huddleson slarson@messerlikramer.com • or call Messerli I Kramer, P.A. at 651-228-9757. A special thanks to our Legislative Program Subcommittee members: Bill Droste, Mayor, Rosemount Kirt Briggs, Mayor, Prior Lake Dave Callister,City Manager, Plymouth Mike Funk,City Manager, Minnetonka Doug Anderson, Mayor, Lakeville Mike Maguire, Mayor, Eagan Jamie Verbrugge,City Manager, Bloomington Justin Miller, City Administrator, Lakeville Jason Wedel,City Manager, Prior Lake Rick Getschow, City Manager, Eden Prairie(MLC Vice Chair) Jim Hovland, Mayor, Edina (MLC Chair) Tom Lawell, City Administrator,Apple Valley Municipal Le • isla • e Commission The MLC is an association of 19 suburban communities providing a voice at the capitol to promote transparency, 0Amf20C accountability and equity in public policy decisions. MUNICIPAL LEGISLATIVE 2022 Legislative Priorities COMMISSION Housing and Home Ownership • Support for affordable home ownership • Collaborativley address statewide housing cost drivers • Preserve existing affordable homes • Preserve local autonomy and community characteristics Infrastructure and Transportation Investments • Increase investments in corridors of commerce • Increase investments in Transportation Economic Development (TED) • Fully fund required state match for federal infrastructure legislation • Support City Authority to Impose Infrastructure Fees Tax Policy and Local Issues • Simplify process for sale tax exemption on construction materials • Preserve the Integrity of the Fiscal Disparities Program • Support Repeal of the Local Government Salary Cap mlcmn.org MLC Policy Positions • Supports individual property tax relief through the circuit breaker program • Opposes automatic inflationary increases in LGA • Supports policies that preserve local control over development decisions so existing taxpayers are not required to subsidize growth • Supports regional capital bonding equity MUNICIPAL LEGISLATIVE • Supports law enforcement arbitration reform COMMISSION MLC Cities - Population and Jobs (2020 Data) MLC City Statistics City Population Jobs •Total Population:987,513 Apple Valley 56,374 13,016 •Total Jobs:530,660 Bloomington 89,987 73,382 •MLC cities generate approximately 22.5%of Burnsville 64,317 29,675 sales tax in MN Chanhassen 25,947 13,644 Eagan 68,855 51,341 •Total Legislators in MLC Delegation:46 Eden Prairie 64,198 54,841 Edina 53,494 37,468 Golden Valley 22,552 28,845 Inver Grove Heights 35,791 9,602 MLC Government Lakeville 69,490 15,888 Relations Team Maple Grove 70,253 31,786 Minnetonka .53,775 43,624 Tom Poul •tpoul@messerlikramer.com Plymouth 81,025 52,025 •651-260-0696 Prior Lake 27,517 5,501 Katy Sen Rosemount 25,650 7,072 •ksen@messerlikramer.com Savage 32,455 7,427 •612-280-2249 Shakopee 43,693 24,883 Shiloh Huddleson Shoreview 25,921 9,545 •slarson@messerlikramer.com Woodbury 75,102 21,095 •651 556 9205 Data from https://stats.metc.state.mn.us/profile/Default.aspx irmlcmn.org ••• •••• ••••• •••• • An Inside Look at City Ap •I •p e II Valley Fees for New Homes For a 2020 home purchased at $457K, the purchaser pays 3.9% in city fees, or about 18K. These fees provide: BUILDING INSPECTIONS: $6,059 An average of 15-20 inspections are required to ensure the L M home is built safely and to code. WATER CONNECTION: $1,812 Helps fund water towers, treatment facilities, and wells needed for a growing city. V PARK DEDICATION: $1,934 •,• Helps fund the construction of new parks and trails for new tr homes. Fun • • STORM WATER MANAGEMENT: $2,954 FI) Keeps storm water in the right place and protects wetlands, rivers, and streams. INFRASTRUCTURE DESIGN & INSPECTION: $4,063 iMM1 Developers build the roads, the City designs, inspects, and monitors construction to ensure they are built correctly. SANITARY SEWER CONNECTION: $631 When you flush, that stuff needs to travel through pipes to regional treatment facilities. O 7 TRAFFIC CONTROL, STREET SIGNS, AND MAPS: $0 O 7 The City of Apple Valley includes the cost of these activities within 0 7 other fees, or the developer directly pays the utility service. ••• •••• ••••• •••• •I • Snapshot:• pp A e • Valley Y Housing Data 2022 HOUSING UNITS BY TYPE Single Family Detached 51.3% Apple Valley has a variety of Townhomes housing choices available, including (Single-Family Attached) 24.6% affordable housing options. Duplex, Triplex and Quad ` 1.0% Multifamily 20.7% Atitt (5 or more units) Manufactured Homes 2.4% 0 5,000 10,000 15,000 2022 ASSESSED HOUSING VALUES $0 to $199,999 13.9% About 51.3% of housing for TOTAL: ownership in Apple Valley is 51.3% affordable, meaning it serves $200K to $299,999 37.4% first-time home buyers. $300K to $399,999 29.7% Most of the affordable housing in Apple Valley has already been built. $400K to $499,999 12.9% $500K to $599,999 4.6% • $600K and over 1.5% )t811 ••• •••• ••••• •••• ••• Affordable Housing Apple Valley Options in Apple Valley A Foundation Built With Affordability in Mind Apple Valley has an abundance of Naturally I A II 6 _1, J. r Occurring Affordable Housing (NOAH), ® i ; i ;® , I ]];i �, zLi Ai meaning housing that already exists. ® i �® ® I _: ® ® 9,870 existing homes, townhomes, and , -; _ ,- -. condos are affordable to first-time home buyers. __ Affordability is a driving factor in Apple Valley's housing development policies. Affordable Options for f Both Buying and Renting i i e '�' �'� L 20% of our newly developed multi- :VT ie. <-,', , r,- -_ Ti housing serves those who make 50-60% ;,;,,, ®;r. ' «rrr, �� ���4 L1:1�1_ ,_ of the Area Median Income (AMI). IIIrI 11,F3 is , "1 -.4 r ' MI, ` , e Source: Metropolitan Council N. Snapshot: Apple Valley Affordable Housing According to the Metropolitan Council, Apple Valley performs at the highest level with other cities annually when affordable housing performance is reported. 8285 1585 2168 Single-family homes Single-family homes Naturally occurring below max. price for first renting below the affordable (NOAH) time buyer financing purchase price limit apartment units Sources: MN Housing Finance Agency & CoStar Commercial Real Estate Database Apple Valley works with public, non-profit and private partners to intentionally increase the local supply of affordable housing. Affordability Partners Number of Units Dakota County CDA 650 Non-Profit Providers 222 Private Market with Affordability 330 Manufactured Housing 472 Totals: 1,674 1 '..IIIIIIIIII"Illiaill1. 2022 yyyy .. Legislative ..., , iJicty . ..1t .i ...i , . . . Policies .. _. . .. .1 , .P - . '=yi - ��� .1t• iiii _ JanuaIli ry 13, 2022 uyr x - 4 S• - ---; 1l_;'_i - T • • • • - ;. .. 'x • • • • • .iiriiir . + . , • L 7 t A. PPleI8 : R t.:. I 11•- tIN�, t, l 1 S �FII n f.. - Valle Welcome Legislative Delegation Senator — District 57 Greg Clausen Representative District 57A Robert Bierman Representative District 57B John Huot 2022 Legislative Session • Begins on January 31 • Expected to end May 23 Tonight Opportunity for Council and Legislators to Discuss Legislative Policies and Strategize for Success • • • • •• • •• • • • • • • • ® pp1e11 2022 Legislative Policies • League of Minnesota Cities • Metro Cities • Municipal Legislative Commission pplQ City of Apple Valley Valley Legislative Policy Priorities for 2022 Sales Tax Exemption on Construction Materials Support legislation to streamline the process required for cities to secure the sales tax exemption on construction materials. This is especially important as the City has significant capital projects planned in upcoming years to support Police, Fire, Public Works and Parks & Recreation services. Long-Term Transportation Funding Support the construction of the missing northbound third lane on Cedar Avenue,and pedestrian safety improvements on Cedar Avenue including the installation of a pedestrian skyway at the 1471 Street Station. Support stable and sufficient transportation funding for state and local roads and support the Transportation Economic Development (TED) Program that provides competitive grants for construction projects on state highways that provide measurable economic benefrts_ Support a balanced transportation package for roads, bridges and transit, including investments in suburban areas. Support balanced use of federal infrastructure funds to also include suburban transportation projects. Development Fees Support legislation that gives cities local control and the ability to impose infrastructure and permit fees sufficient to ensure that development standards are fully met and the cost of new development is not shifted onto existing taxpayers. The City supports fees and regulations necessary for new development to pay for itself. The City disagrees with the recent Housing First(BATC)publications that state that city building fees cause new housing to be unaffordable. Based on the City calculations,the fees charged for a new home in Apple Valley, including all development and building fees,are less than 4% of the total cost of the average new home in Apple Valley_ Election Process Improvement by Expanding Early Voting Support expansion of the time period for early voting_ As shown in this last election, the opportunity to vote early is very popular. Early voting is less costly to administer in comparison to absentee voting. Currently State law limits early voting to only one week prior to the election and this should be extended to two weeks or longer. Since early voting is much more convenient,the timeline for in-person absentee voting should be reduced. Alcohol Distribution and Control Oppose legislation that would expand the sale of alcohol in grocery stores and other retail establishments. Such expansion would increase the likelihood of drunk driving and underage alcohol sales and consumption and would also have a detrimental economic impact on current off sale retailers,including the City of Apple Valley_ Modernize Data Practices Act Support changes to the Minnesota Data Practices Act to reflect today's data intensive environment, protect municipalities from abusive or harassing requests and to compensate municipalities for overly broad and burdensome requests_ Emerald Ash Borer Grant Assistance Support contnued funding for community forestry in preparation/response to the Emerald ash borer(EAB)insect infestation. pplQ City of Apple Valley Valley Legislative Policy Priorities for 2022 Sales Tax Exemption on Construction Materials 1 Support legislation to streamline the process required for cities to secure the sales tax exemption on construction materials. This is especially important as the City has significant capital projects planned in upcoming years to support Police, Fire, Public Works and Parks & Recreation services. Long-Term Transportation Funding Support the construction of the missing northbound third lane on Cedar Avenue,and pedestrian safety improvements on Cedar Avenue including the installation of a pedestrian skyway at the 1471 Street Station. Support stable and sufficient transportation funding for state and local roads and support the Transportation Economic Development (TED) Program that provides competitive grants for construction projects on state highways that provide measurable economic benefrts_ Support a balanced transportation package for roads, bridges and transit, including investments in suburban areas. Support balanced use of federal infrastructure funds to also include suburban transportation projects. Development Fees Support legislation that gives cities local control and the ability to impose infrastructure and permit fees sufficient to ensure that development standards are fully met and the cost of new development is not shifted onto existing taxpayers. The City supports fees and regulations necessary for new development to pay for itself. The City disagrees with the recent Housing First(BATC)publications that state that city building fees cause new housing to be unaffordable. Based on the City calculations,the fees charged for a new home in Apple Valley, including all development and building fees,are less than 4% of the total cost of the average new home in Apple Valley_ Election Process Improvement by Expanding Early Voting Support expansion of the time period for early voting_ As shown in this last election, the opportunity to vote early is very popular. Early voting is less costly to administer in comparison to absentee voting. Currently State law limits early voting to only one week prior to the election and this should be extended to two weeks or longer. Since early voting is much more convenient,the timeline for in-person absentee voting should be reduced. Alcohol Distribution and Control Oppose legislation that would expand the sale of alcohol in grocery stores and other retail establishments. Such expansion would increase the likelihood of drunk driving and underage alcohol sales and consumption and would also have a detrimental economic impact on current off sale retailers,including the City of Apple Valley_ Modernize Data Practices Act Support changes to the Minnesota Data Practices Act to reflect today's data intensive environment, protect municipalities from abusive or harassing requests and to compensate municipalities for overly broad and burdensome requests_ Emerald Ash Borer Grant Assistance Support contnued funding for community forestry in preparation/response to the Emerald ash borer(EAB)insect infestation. pplQ City of Apple Valley Valley Legislative Policy Priorities for 2022 Sales Tax Exemption on Construction Materials Support legislation to streamline the process required for cities to secure the sales tax exemption on construction materials. This is especially important as the City has significant capital projects planned in upcoming years to support Police, Fire, Public Works and Parks & Recreation services. Long-Term Transportation Funding Support the construction of the missing northbound third lane on Cedar Avenue,and pedestrian safety improvements on Cedar Avenue including the installation of a pedestrian skyway at the 2 14711 Street Station. Support stable and sufficient transportation funding for state and local roads and support the Transportation Economic Development (TED) Program that provides competitive grants for construction projects on state highways that provide measurable economic benefrts_ Support a balanced transportation package for roads, bridges and transit, including investments in suburban areas. Support balanced use of federal infrastructure funds to also include suburban transportation projects. Development Fees Support legislation that gives cities local control and the ability to impose infrastructure and permit fees sufficient to ensure that development standards are fully met and the cost of new development is not shifted onto existing taxpayers. The City supports fees and regulations necessary for new development to pay for itself. The City disagrees with the recent Housing First(BATC)publications that state that city building fees cause new housing to be unaffordable. Based on the City calculations,the fees charged for a new home in Apple Valley, including all development and building fees,are less than 4% of the total cost of the average new home in Apple Valley_ Election Process Improvement by Expanding Early Voting Support expansion of the time period for early voting_ As shown in this last election, the opportunity to vote early is very popular. Early voting is less costly to administer in comparison to absentee voting. Currently State law limits early voting to only one week prior to the election and this should be extended to two weeks or longer. Since early voting is much more convenient,the timeline for in-person absentee voting should be reduced. Alcohol Distribution and Control Oppose legislation that would expand the sale of alcohol in grocery stores and other retail establishments. Such expansion would increase the likelihood of drunk driving and underage alcohol sales and consumption and would also have a detrimental economic impact on current off sale retailers,including the City of Apple Valley_ Modernize Data Practices Act Support changes to the Minnesota Data Practices Act to reflect today's data intensive environment, protect municipalities from abusive or harassing requests and to compensate municipalities for overly broad and burdensome requests_ Emerald Ash Borer Grant Assistance Support contnued funding for community forestry in preparation/response to the Emerald ash borer(EAB)insect infestation. pplQ City of Apple Valley Valley Legislative Policy Priorities for 2022 Sales Tax Exemption on Construction Materials Support legislation to streamline the process required for cities to secure the sales tax exemption on construction materials. This is especially important as the City has significant capital projects planned in upcoming years to support Police, Fire, Public Works and Parks & Recreation services. Long-Term Transportation Funding Support the construction of the missing northbound third lane on Cedar Avenue,and pedestrian safety improvements on Cedar Avenue including the installation of a pedestrian skyway at the 1471 Street Station. Support stable and sufficient transportation funding for state and local roads and support the Transportation Economic Development (TED) Program that provides competitive grants for construction projects on state highways that provide measurable economic benefrts_ Support a balanced transportation package for roads, bridges and transit, including investments in suburban areas. Support balanced use of federal infrastructure funds to also include suburban transportation projects. Development Fees Support legislation that gives cities local control and the ability to impose infrastructure and permit fees sufficient to ensure that development standards are fully met and the cost of new 3 development is not shifted onto existing taxpayers. The City supports fees and regulations necessary for new development to pay for itself. The City disagrees with the recent Housing First(BATC)publications that state that city building fees cause new housing to be unaffordable. Based on the City calculations,the fees charged for a new home in Apple Valley, including all development and building fees,are less than 4% of the total cost of the average new home in Apple Valley_ Election Process Improvement by Expanding Early Voting Support expansion of the time period for early voting_ As shown in this last election, the opportunity to vote early is very popular. Early voting is less costly to administer in comparison to absentee voting. Currently State law limits early voting to only one week prior to the election and this should be extended to two weeks or longer. Since early voting is much more convenient,the timeline for in-person absentee voting should be reduced. Alcohol Distribution and Control Oppose legislation that would expand the sale of alcohol in grocery stores and other retail establishments. Such expansion would increase the likelihood of drunk driving and underage alcohol sales and consumption and would also have a detrimental economic impact on current off sale retailers,including the City of Apple Valley_ Modernize Data Practices Act Support changes to the Minnesota Data Practices Act to reflect today's data intensive environment, protect municipalities from abusive or harassing requests and to compensate municipalities for overly broad and burdensome requests_ Emerald Ash Borer Grant Assistance Support contnued funding for community forestry in preparation/response to the Emerald ash borer(EAB)insect infestation. .•. •.e• An Inside Look at City Apple Fees for New Homes Valley... For a 2020 home purchased at $457K, the purchaser pays 3.9% in city fees, or about 18K. These fees provide: BUILDING INSPECTIONS:$6,059 An average of 15-20 inspections are required to ensure the home is built safely and to code. WATER CONNECTION:$1,812 f 0 I Helps fund water towers,treatment facilities,and wells needed for a growing city. �� V PARK DEDICATION:$1,934 II Tr Helps fund the construction of new parks and trails for new `IFI#� homes. 99 STORM WATER MANAGEMENT:$2,954 .91 Keeps storm water in the right place and protects wetlands, f+ rivers,and streams. ' INFRASTRUCTURE DESIGN & INSPECTION:$4,063 rr #1.,, ,-;- .;, Developers build the roads,the City designs,inspects,and I I monitors construction to ensure they are built correctly. SANITARY SEWER CONNECTION:$631 S3 When you flush,that stuff needs to travel through pipes to regional treatment facilities. 0 r TRAFFIC CONTROL,STREET SIGNS,AND MAPS:$0 I 0 f The City of Apple Valley includes the cost of these activities within 0 f other fees,or the developer directly pays the utility service. ... ..•. •.•.• .... Snapshot: Apple HousingData ►Apple.. 2022 HOUSING UNITS BY TYPE Single Family Detached 51.3% Apple Valley has a variety of Townhomes 24 8% housing choices available,including (Single-Family Attached) affordable housing options. Duplex.Triplex and Quad I 1.0°lo Multifamily 20.7% titit (5 or more units) Manufactured Homes 12.4% 0 5,000 10.000 1S.000 2022 ASSESSED HOUSING VALUES $0 to$199,999 13.9% About 51.3%or housing for TOTAL: ownership in Apple Valley is 51.3% affordable,meaning It serves $200K to$299,999 37.4% first-time home buyers. $300K to$399,999 29.7% Most of the affordable housing in Apple Valley has already been built. $400K to$499,999 12.9% $500K to$599,999 4.6% • $600K and over 1.5% 51 ... ..... .... Snapshot: A valley Affordable Housing According to the Metropolitan Council, Apple Valley performs at the highest level with other cities annually when affordable housing performance is reported. 8,285 1,585 2,168 Single-family homes Single-family homes Naturally occurring below max.price for first renting below the affordable(NOAH) time buyer financing purchase price limit apartment units Sources:MN Housing Finance Agency&costar Commercial peat Estate Database Apple Valley works with public, non-profit and private partners to intentionally increase the local supply of affordable housing. Affordability Partners Number of Units Dakota County CDA 650 Non-Profit Providers 222 Private Market with Affordability 330 Manufactured Housing 472 Totals: 1,674 ..! 01,01. Affordable Housing Apple11 Options in Apple Valley Valley A Foundation Built With Affordability in Mind Apple Valley has an abundance of Naturally , 1 I( )r I i I#! p 3 Occurring Affordable Housing(NOAH), U I • I 'I 11 lIi meaning housing that already exists. I I , l IN I I Ell 4 - 9,870 existing homes,townhomes,and '►_n 1 t 112 a_a condos are affordable to first-time home buyers. .r Affordability is a driving factor in Apple Valley's housing development policies. Affordable Options for Both Buying and Renting IPt 1111 M "' - 20% of our newly developed multi- _ housing serves those who make 5D-60% '� rii - , f of the Area Median Income(AM!). i . Lft__ Sou rce.Metropolitan Council pplQ City of Apple Valley Valley Legislative Policy Priorities for 2022 Sales Tax Exemption on Construction Materials Support legislation to streamline the process required for cities to secure the sales tax exemption on construction materials. This is especially important as the City has significant capital projects planned in upcoming years to support Police, Fire, Public Works and Parks & Recreation services. Long-Term Transportation Funding Support the construction of the missing northbound third lane on Cedar Avenue,and pedestrian safety improvements on Cedar Avenue including the installation of a pedestrian skyway at the 1471 Street Station. Support stable and sufficient transportation funding for state and local roads and support the Transportation Economic Development (TED) Program that provides competitive grants for construction projects on state highways that provide measurable economic benefrts_ Support a balanced transportation package for roads, bridges and transit, including investments in suburban areas. Support balanced use of federal infrastructure funds to also include suburban transportation projects. Development Fees Support legislation that gives cities local control and the ability to impose infrastructure and permit fees sufficient to ensure that development standards are fully met and the cost of new development is not shifted onto existing taxpayers. The City supports fees and regulations necessary for new development to pay for itself. The City disagrees with the recent Housing First(BATC)publications that state that city building fees cause new housing to be unaffordable. Based on the City calculations,the fees charged for a new home in Apple Valley, including all development and building fees,are less than 4% of the total cost of the average new home in Apple Valley_ Election Process Improvement by Expanding Early Voting Support expansion of the time period for early voting_ As shown in this last election, the 4 opportunity to vote early is very popular. Early voting is less costly to administer in comparison to absentee voting. Currently State law limits early voting to only one week prior to the election and this should be extended to two weeks or longer. Since early voting is much more convenient,the timeline for in-person absentee voting should be reduced. Alcohol Distribution and Control Oppose legislation that would expand the sale of alcohol in grocery stores and other retail establishments. Such expansion would increase the likelihood of drunk driving and underage 5 alcohol sales and consumption and would also have a detrimental economic impact on current off sale retailers,including the City of Apple Valley_ Modernize Data Practices Act 6 Support changes to the Minnesota Data Practices Act to reflect today's data intensive environment, protect municipalities from abusive or harassing requests and to compensate municipalities for overly broad and burdensome requests_ Emerald Ash Borer Grant Assistance 7 Support contnued funding for community forestry in preparation/response to the Emerald ash borer(EAB)insect infestation. Discussion • • • • • • • • • • • • • • • • ® Apple Valle4 Mark Your Calendars . . . Municipal Legislative Commission Legislative Breakfast January 20, 202 Eagan Community Center Thank You ! • • • • • • • •• • • • • • • • i pp1e11 lle • ITEM: 3. ..... Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Informal Agenda Item Description: Schematic Design Presentation for Apple Valley Fire Station Improvements (20 min.) Staff Contact: Department/ Division: Chuck Russell, Fire Chief Fire Department ACTION REQUESTED: N/A SUMMARY: Apple Valley Fire started the schematic design phase of the Apple Valley Fire Station Improvements project on September 27, 2021, with CNH Architects. After 12 meetings and many design revisions, we are ready to present our suggestions for replacing Fire Station 2 and making health and safety improvements for Fire Stations 1 & 3. BACKGROUND: N/A BUDGET IMPACT: The Facilities Capital Improvement Plan included $550,000 in 2021, $2,500,000 in 2022, $3,050,000 in 2023 and $500,000 in 2024 for fire station reconfiguration at all three stations. Cost estimates for the project have increased since these initial estimates and will be reviewed with the Council during the January 13 meeting. ATTACHMENTS: Exhibit Presentation Exhibit A-Schematic Design Cost Estimate Summary MI Terra CONSTRUCTION Owner: City of Apple Valley Project: Fire Station No. 1,2&3 Location Apple Valley,MN Architect: CNH Date: 1/4/2022 Area(SF): 31200 SCHEMATIC DESIGN ESTIMATE SUMMARY FIRE STATION#2 COST/BLDG. PERCENT SUMMARY ITEM DESCRIPTION QTY UOM AREA DIRECT COST TOTAL COST DIV.01 General Requirements 1 LS $ 25.52 5.72% $ 796,375.00 DIV.02 Existing Conditions 1 LS $ 8.61 1.93% $ 268,622.00 DIV.03 Concrete 1 LS $ 20.29 4.55% $ 633,089.33 DIV.04 Masonry 1 LS $ 41.44 9.29% $ 1,292,931.25 DIV.05 Metals 1 LS $ 31.30 7.01% $ 976,548.44 DIV.06 Woods,Plastics&Composites 1 LS $ 4.51 1.01% $ 140,600.00 DIV.07 Thermal&Moisture Protection 1 LS $ 30.80 6.90% $ 960,981.25 DIV.08 Openings 1 LS $ 26.74 5.99% $ 834,390.00 DIV.09 Finishes 1 LS $ 26.34 5.90% $ 821,943.53 DIV. 10 Specialties 1 LS $ 2.02 0.45% $ 63,025.00 DIV.11 Equipment 1 LS $ - 0.00% $ - DIV. 12 Furnishings 1 LS $ 1.07 0.24% $ 33,400.00 DIV.13 Special Construction 1 LS $ - 0.00% $ - DIV. 14 Conveying Equipment 1 LS $ 2.72 0.61% $ 85,000.00 DIV.21 Fire Suppression 1 LS $ 3.29 0.74% $ 102,648.00 DIV.22 Plumbing 1 LS $ 25.62 5.74% $ 799,344.00 DIV.23 HVAC 1 LS $ 56.64 12.69% $ 1,767,168.00 DIV.26 Electrical 1 LS $ 33.74 7.56% $ 1,052,688.00 DIV.27 Communications 1 LS $ 10.17 2.28% $ 317,304.00 DIV.28 Safety and Security 1 LS $ 4.48 1.00% $ 139,776.00 DIV.31 Earthwork 1 LS $ 17.93 4.02% $ 559,528.00 DIV.32 Exterior Improvements 1 LS $ 26.65 5.97% $ 831,538.29 DIV.33 Utilities 1 LS $ 15.20 3.41% $ 474,255.00 TOTAL DIRECT COSTS(Fire Station#2) $ 415.10 93.01% $ 12,951,155.08 1.00% Building Permit $ 4.15 0.93% $ 129,511.55 1.50% Table 5 CM Fee $ 6.29 1.41% $ 196,210.00 5.00% Estimate Contingency $ 20.76 4.65% $ 647,557.75 FIRE STATION#2 SCHEMATIC DESIGN ESTIMATE $ 446.30 100.00% $ 13,924,434.39 FIRE STATION#1 SCHEMATIC DESIGN ESTIMATE $ 176,336.43 FIRE STATION#3 SCHEMATIC DESIGN ESTIMATE $ 122,577.85 SCHEMATIC DESIGN ESTIMATE GRAND TOTAL: $ 14,223,348.66 1 of 1 r Apple Valley . . __ r ___ . . __ ,___ tations ,. Fire ��City � _ _ * , a-- . Brooke Jacobson, CNH Architects __- — -.� Ben Newlin, Terra Construction a ValleyIOW nApple„ niPrirrl --- - • _ - , _ - ,;20 r r.l acts l 1l Introduction Project Goals CD �\,*' kilt > Schematic Design a) > • = • 0 Timeline FIRE Questions Project Goals lir .._ _ • Firefighter Health iicati A , ,___,_ ___ _ , 11 Station Designed for Current ____ I' i it wo.�,� terr a- -,a;- and Future ,� ommaiiie � _;: ' I \\;fin 7 -.`\ , Project Goals Firefighter Health Features Station Building > Toxin & Carcinogen Reduction > Functions Mental Health / PTSD > Training > Physical Fitness > Durability > Sustainability program and Reductions Original Current Public 4,075 sf Public 3,775 sf Station Office 3,350 sf Station Office 2,550 sf Apparatus / Training 13,950 sf Apparatus / Training a 12,700 sf Decontamination 1,375 sf Decontamination 1,175 sf Support I 1,4251Lsf Supp + 150 sf Duty Crew 3,600 sf Duty Crew 2,475 sf Common 8,550 sf Common 4,975 sf Net Total 36,325 sf Net Total 28,700 sf Reduction 7,625 sf (21%) Station 2 — Site Plan _ ; > 4. . co To L., Proposed Station #2 II. ir 140th St W >(). Station 2 — First Floor Plan I —1 Hi 1 r .., L. , J J Apparatus Bays Ap 0 a ratus :ays --,J-- Li---1---L. \ ...// ,...../ D N> y Crew / '.:::‘ I I Su ppo ': -- ' A , , ../. ..,..... ,.., . . . . i---.: . 7._ . • - 1 -i ',. . ..1 . • ,,— 4,: --1 .•-•• •--d .. .. ._' . ' 0 •-1' 1 -Lii-L, A 11E TM I! MEE IEEE ,..._i )4A- .------ I . . .. -- Ope .ti 111 ns - 1 .....LL....,L. _.1 •-- -1. :: j-- .r -- Station 2 — Second Floor Plan ti 4_4 4 1 r / • • • �_. t Support • - ] 7 • • • • • .. = • • • • • / \ • • Classroom L - - U - -y. " ..-- - mil_....-•''- - Fitness L_ . Hri___s.... r_ ..., 4., .4 4., ,,, )ig as ©-. . . . . Station 2 — Exterior Image ummi R• R•B IR] L� � C1.- Station 1 — Floor Plans .,. . ,-4,.,. v 4.. v...‘. Fitness , PI Storage . Mechanical I HII 1 ..„:.,_,„,.. .• .. . F7 Decon I 1 I urnou 1 I Fll E G ! •..- , ea - 1 g =minim= - 1 _ TIN . li ,. ._ . Station 3 — Floor Plan I TU Trnn lear Decon I n LJ. �I� Budget - Hard cost SCHEMATIC DESIGN ESTIMATE SUMMARY FIRE STATION#2 iiIIIIII COST/BLDG. PERCENT SUMMARY ITEM DESCRIPTION 4TY UDM AREA DIRECT COST TOTAL COST DIV.01 General Requirements 1 LS $ 25.52 5.72% $ 796,375.00 DIV.02 Existing Conditions 1 LS $ 8.61 1.93% $ 268,622.00 DIV.03 Concrete 1 LS $ 20.29 4.55% $ 633,089.33 DIV.04 Masonry 1 L5 $ 41.44 9.29% $ 1,292,931.25 DIV.05 Metals 1 L5 $ 31.30 7.01% $ 976,548.44 DIV.06 Woods,Plastics&Composites 1 LS $ 4.51 1.01% $ 140,600.00 DIV.07 Thermal&Moisture Protection 1 LS $ 30.80 6.90% $ 960,981.25 DIV.08 Openings 1 L5 $ 26.74 5.99% $ 834,390.00 DIV.09 Finishes 1 LS $ 26.34 5.90% $ 821,943.53 DIV.10 Specialties 1 LS $ 2.02 0.45% $ 63,025.00 DIV.11 Equipment 1 LS $ - 0.00% $ - DIV.12 Furnishings 1 LS $ 1.07 0.24% $ 33,400.0G DIV.13 Special Construction 1 LS $ - 0.00% $ - DIV.14 Conveying Equipment 1 LS $ 2.72 0.61% $ 85,000.00 DIV.21 Fire Suppression 1 LS $ 3.29 0.74% $ 102,648.00 DIV.22 Plumbing 1 LS $ 25.62 5.74% $ 799,344.00 DIV.23 HVAC 1 LS $ 56.64 12.69% $ 1,767,168.0G DIV.26 Electrical 1 LS $ 33.74 7.56% $ 1,052,688.00 DIV.27 Communications 1 L5 $ 10.17 2.28% $ 317,304.00 DIV.28 Safety and Security 1 L5 $ 4.48 1.00% $ 139,776.00 DIV.31 Earthwork 1 LS $ 17.93 4.02% $ 559,528.00 DIV.32 Exterior Improvements 1 LS $ 26.65 5.97% $ 831,538.29 DIV.33 Utilities 1 LS $ 15.20 3.41% $ 474,255.00 TOTAL DIRECT COSTS(Fire Station#2) $ 415.10 93.01% $ 12,951,155.08 1.00%Building Permit $ 4.15 0.93% $ 129,511.55 1.50%Table 5 CM Fee $ 6.29 1.41% $ 196,210.00 5.00%Estimate Contingency $ 20.76 4.65% $ 647,557.75 FIRE STATION#2 SCHEMATIC DESIGN ESTIMATE $ 446.30 100.00% $ 13,924,434.39 FIRE STATION#1 SCHEMATIC DESIGN ESTIMATE $ 176,336.43 FIRE STATION#3 SCHEMATIC DESIGN ESTIMATE $ 122,577.85 SCHEMATIC DESIGN ESTIMATE GRAND TOTAL: S 14,223,348.66 Hardcost: $14,223,348.66 )14 J Budget — TotaI Project Schematic Apple Valley Fire Station #2 Design Cost Estimate Facility Size at Time of Estimate (Gross SF) 30,755 Hard Costs 111111111111 Schematic Phase Construction Hard Cost $13,924,434 Schematic Phase St #1 Remodel Hard Cost S176,336 Schematic Phase St #3 Remodel Hard Cost $122,578 Preliminary Hard Cost Estimate $14,223,348 Soft Costs Owner FFE (Furniture, Station Alert, Plymovent, Low voltage) $450,000 Architectural & Engineering Fee $639,832 Attorney's Fee (estimate) $4,000 Site Survey $5,000 Geotechnical Testing & Report $5,000 Special Inspections and Testing allowance $40,000 Commissioning 520,000 Plumbing Permit Fee $20,000 Metropolitan Council SAC Fee (8 units estimated) $17,395 Construction Contingency (5%) $711,167 Sub-total - Soft Costs $1,912,395 Total Project Costs Total Estimated Project Cost $16,135,743 )°' Proposed Timeline Schematic Design — Completed Design Development and Construction Documents — September Bidding — October Construction — Spring 2023 Comparison Size at / or smaller than other suburban stations Cost per square foot consistent with projects currently bidding 1, • 1. • _ I - '- .-- ij -__ cti on f r in uestion4M► ti,„' Y - ,fir' - �a -•z Alit , s * " , . __ . / . ,_ -,_ _. Aio. . .. ___ ,. , , ,• ,_ .,...-. ,,,,_ . -k------- _ . ..,. ,,e,:. i y �kI wimale, -_ --....11111111111111011. .. fl 0 lq ;111)1IM . .-----iv, -go% trii........jii. 11. d 1 ...... -11 :' . IL-111 t ;-.. ..., • • ITEM: 4. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Informal Agenda Item Description: Discuss Parks and Recreation System Future and Potential Park Bond Referendum (10 min.) Staff Contact: Department/ Division: Eric Carlson, Director Parks and Recreation Department ACTION REQUESTED: N/A SUMMARY: Staff is providing an update to the Council on proposals received to provide master planning services for park and recreation facility planning. BACKGROUND: One of the City's adopted goals is to plan for the City's long-term system needs, including a possible Parks and Recreation Bond Referendum. At the September 30th Special meeting between the City Council and members of the Parks and Recreation Advisory Committee there was consensus direction by the Council to begin the process to investigate a future Parks Bond Referendum that would: • Update our community and neighborhood parks and trails • Reinvest in our major recreational facilities that includes the community center, senior center, aquatics, and arenas • Develop master plans for Alimagnet, Kelley, Farquar, and Redwood parks The purpose of the discussion is to provide an update to the Council on the process and share information related to proposals we have received to help in the effort. BUDGET IMPACT: Park and Recreational Facility Planning is estimated at $140,000 with a potential opportunity to receive a grant from Active Living Dakota County of up to $30,000. ATTACHMENTS: Presentation 1/12/2022 ••• •••• ••••• •••• ••• Apple „ Valley Future of Parks & Recreation System January 13, 2022 City of Apple Valley- Parks & Recreation Department Summary of September 30, 2021 Informal Meeting • City Council and Park & Recreation Advisory Committee consensus to move forward • No interest in pursuing Sales Tax Study • Apply for Active Living Dakota County Grant • Work on hiring consultants for park and recreation facility planning projects • Reviewed proposed schedule ,ppvalpy Apple Valley-Parks&Recreation 1 1/12/2022 City Wide Election • Possible Dates Reviewed at September 30 Meeting • Tuesday, February 14, 2023 • Tuesday, April 11, 2023 • Tuesday, May 9, 2023 • Tuesday, August 8, 2023 • Tuesday, November 7, 2023 1/12/2022 NA Apple Valley-Parks&Recreation 3 City Wide Election • Possible Dates Reviewed at September 30 Meeting • Tuesday, February 14, 2023 • Tuesday, April 11, 2023 • Tuesday, May 9, 2023 • Tuesday, August 8, 2023 • Tuesday, November 7, 2023 a�l Apple Valley-Parks&Recreation 4 2 1/12/2022 Proposed Schedule City of Apple Valley Parks&Recreation Department Tentative Parks Bond Referendum Schedule 2022 2023 Oct Nov Dec Jan Feb March April May June July Aug Sept Oct Nov Dec Jan Feb March April May June July Aug Sept Oct Nov Task Force Meetings Farquar Park Master Plan Alimagent Park Master Plan Kelley Park Master Plan Redwood Park Master Plan AVCC/AVSC Concept Plan Arena Concept Plan Aquatic Concept Plan Public Education/Engagement Community Survey Finalize Referendum Components Public Education/Engagement Election _ 1/12/2022 0, i Apple Valley-Parks&Recreation 5 What has staff been doing? • Submitted Active Living Dakota County Grant • Tentative notice of award for $15,000 • Sent out and reviewed RFP's for planning services • Park Planning • Recreation Facility Planning • Aquatic Planning (TBD) • Toured multiple park projects across the Twin Cities with PRAC members • Inclusive playgrounds, skate parks, outdoor rinks, park buildings, etc. • Met with Youth Athletics (VAA, EVAA, AVHA, EVHA) • Quality over quantity °PPvalley Apple Valley-Parks&Recreation 3 1/12/2022 Park Request for Proposal I Architect Proposed Proposed Proposed Firm Hours Fee Expenses Relevant Experience Sauk Rapids Riverfront Park—SR Confluence In-house 650 $72,000 $2,000 Preserve Park—Rochester Fred Richards—Edina Central Park—Maple Grove Damon Farber 292 500 $79,769 $1,200 Baker Park—Medina Minnetonka Park Plan—Mtka South Valley Park-IGH HKGI Oertel 690 $78,300 $1,500 Andrews Park-Champlin Vista Pines Park-IGH Woodhaven Park—Eagan WSB Inc. HCM 800 $70,600 $4,000 Becker Park—Crystal Legacy Park-Lakeville 1/12/2022 a,l,lw Apple Valley-Parks&Recreation Recreation Facility RFP Community Mechanical Site Cost Market Sector Proposed Proposed Relevant Firm Engagement Electrical Plan Estimating Analysis Fee Expenses Experience Eagan Community Center 292 Design Pros Damon RJM Pros Consulting $38,500 $2,000 Brooklyn Park Fam. Group Consulting Farber Aquatic Center Shakopee Community&Ice Center Apple Valley Senior Center CNH Emanuelson- $40,000 TBD YMCA Architects Pod a s Consultant Projects Mounds View Community Center Oertel HKGI Design Tree HKGI RJM Ballard King $38,500 $750 Fairmount Architects Community Center MnDOT(Virginia) a ard y Apple Valley-Parks&Recreation 8 4 1/12/2022 Next Steps • Council will be asked to approve consultants for park planning and recreation facility planning on Thursday, January 27, 2022 • Begin work in February, finish in July/August, 2022 • Staff still working on RFP for the Apple Valley Family Aquatics Center • Meet with ISD 196 (Athletic Directors/Administrators) 1/12/2022 NA Apple Valley-Parks&Recreation QUESTIONS/COMMENTS ,proli0 Apple Valley-Parks&Recreation 10 5 • ITEM: 4.A. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Approve Minutes of December 21, 2021, Regular Meeting Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve the minutes of the regular meeting of December 21, 2021. SUMMARY: The minutes from the last regular City Council meeting are attached for your review and approval. BACKGROUND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. BUDGET IMPACT: N/A ATTACHMENTS: Minutes CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 2021 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 21, 2021, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Grendahl, and Melander. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, Recreation Supervisor Bird, Parks and Recreation Director Carlson, Police Captain Francis, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, and Public Works Director Saam. Mayor Hooppaw called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, approving the agenda for tonight's meeting, as presented. Ayes - 4 -Nays - 0. AUDIENCE Mayor Hooppaw asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. No one requested to speak. CONSENT AGENDA Mayor Hooppaw asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Grendahl, seconded by Melander, approving all items on the consent agenda with no exceptions. Ayes - 4 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Melander, approving the minutes of the regular meeting of December 9, 2021, as written. Ayes - 3 -Nays - 0 - Abstain- 1 (Melander). MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-210 accepting,with thanks, the donation of 13 LED lights, from JTH Lighting Alliance, for use by the Fire Department. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving issuance of a lawful gambling exempt permit to conduct excluded bingo,by the State Gambling Control Board, CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 2021 Page 2 to Eastview High School Senior Party, for use on March 6, 2022, at Cowboy Jacks, 14998 Glazier Avenue, and waiving any waiting period for State approval. Ayes - 4 -Nays - O. MOTION: of Grendahl, seconded by Melander, approving renewal and issuance of licenses and permits for 2022, as listed in the City Clerk's memo. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-211 committing fund balances for 2021 financial statement purposes. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-212 amending 2022 budget for uncompleted 2021 projects and specific items. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-213 approving the transfer of$680,000.00 from the Liquor Fund to the General Fund and $150,000 to the Valleywood Vehicle and Equipment Replacement Fund for 2021. Ayes - 3 -Nays - 0 -Abstain- 1 (Grendahl). MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-214 supporting the 2021 Noise Wall Grant Applications. Ayes -4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-215 approving amendments to the Apple Valley Firefighters Relief Association Bylaws. Ayes - 4 -Nays - O. MOTION: of Grendahl, seconded by Melander, approving the release of subdivision financial guarantees for Cobblestone Lake 9th Addition, as listed in the Department Assistant's memo. Ayes -4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the First Amendment to Access Restriction Easement with PHS Apple Valley Senior Housing, Inc., for Orchard Path, 5400 157th Street W., as attached to the City Planner's memo. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Melander, affirming the Economic Development Authority's approval of the Joint Powers Agreement with Dakota County Community Development Agency for"Open to Business"program, as attached to the Planning and Economic Development Specialist's memo. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the Joint Powers Agreement with the Dakota County for the Construction of North Creek Greenway Projects and Ongoing Maintenance, as attached to the Parks and Recreation Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 2021 Page 3 MOTION: of Grendahl, seconded by Melander, approving the agreement for a three-year Enterprise Licensing subscription through SHI International Corp., for Microsoft, in the amount of$380,948.85, subject to final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the agreement for Fireworks Display on February 5, 2022, with RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO, in the amount of$8,000.00, subject to receiving an acceptable certificate of insurance and permit approval by the Fire Department, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving Change Order No. 1 to the agreement with Wilson's Nursery, Inc., in the amount of an additional $303.00; and accepting Project 2021-112, 2021 Ash Tree Replacements, as complete and authorizing final payment in the amount of$35,351.00. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, accepting Project 2021-114, 146th Street Court Sanitary Sewer Improvements, as complete and authorizing final payment on the agreement with Insituform Technologies USA, LLC, in the amount of $95,336.00. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2021-216 approving revised 2022 Pay and Benefit Plan. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the 2022-2023 Labor Agreement with Law Enforcement Labor Services, Inc., (LELS), Local No. 71, Police Officers, as attached to the Human Resources Manager's memo, and authorizing execution of the necessary documents. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the personnel actions as listed in the Personnel Report dated December 21, 2021. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Melander, to pay the claims and bills, on the check register dated December 1, 2021, in the amount of$1,349,313.70; and December 8, 2021, in the amount of$904,297.55. Ayes -4 -Nays - 0. END OF CONSENT AGENDA PROCLAIM "APPLE VALLEY MID-WINTER FEST 2022" Recreation Supervisor Bird, of the Mid-Winter Fest Committee, was present and reviewed activities planned for this year's celebration. Most events are scheduled on February 5, 2022, at CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 2021 Page 4 Johnny Cake Ridge Park- West. Mr. Bird thanked the organizations who support and sponsor this event. He then read the proclamation. MOTION: of Grendahl, seconded by Bergman, proclaiming February 5, 2022, as "Apple Valley Mid-Winter Fest 2022", declaring it a community festival, and encouraging citizens to support and participate in the celebration. Ayes - 4 -Nays - 0. ORDINANCE REGULATING ANIMALS Police Captain Francis gave the first reading of an ordinance amending Chapter 91 of the City Code regulating animals. The proposed amendment allows for digital exchange of information and appeal notices, revised hearing and finding date timelines, and adds a non-refundable hearing fee. Discussion followed. MOTION: of Melander, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1104 amending Chapter 92 of the City Code regulating animals by modifying the requirements and regulations related to dangerous dogs and potentially dangerous dogs. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2021-217 approving an amendment to the Fee Schedule by adding a non-refundable hearing fee for potentially dangerous and dangerous dog hearings. Ayes - 4 -Nays - 0. COMMUNICATIONS Mr. Lawell reminded the public about the Economic Development Authority vacancy and encouraged those interested to submit an application to the City Clerk by 4:30 p.m. on January 14, 2022. He then gave accolades to the employees of the Public Works and Parks Departments for the remarkable job they did recently removing 16.5 inches of snow. Councilmember Bergman commended the Parks Department for the bowling with Santa event at Bogart's last Saturday and thanked Bogart's for the outstanding partnership. He noted there was also a good turnout at the high school ice arena on Sunday which was open for residents of all ages to ice skate. Mr. Carlson said they are still looking for warming house attendants and encouraged those interested to apply. At this time there are only enough attendants to open three warming houses. Mayor Hooppaw reminded everyone to be safe and stay off thin ice. He then thanked the paid on-call firefighters for the important work they do and their commitment to the community. CITY OF APPLE VALLEY Dakota County, Minnesota December 21, 2021 Page 5 CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Melander, approving the calendar of upcoming events as included in the Deputy City Clerk's memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 7:23 o'clock p.m. Respectfully Submitted, /s/Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on Clint Hooppaw, Mayor • ITEM: 4.B. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Accepting Donation from Julia Thompson for Use by Police Department Staff Contact: Department/ Division: Nick Francis, Police Captain Police Department ACTION REQUESTED: Adopt the attached resolution accepting a $500.00 donation from Julia Thompson for use by the Police Department. SUMMARY: Resident Julia Thompson presented the Police Department with a donation for our department. She wanted to thank the Apple Valley Police Department for our service to the community and provided a check for $500.00. BACKGROUND: The Apple Valley Police Department conducts numerous public outreach campaigns each year. Events such as "Shop with a Cop" have a cost associated with them and donations can be given to local families in the form of gifts or shopping adventures. This money will be used to supplement one of our many outreach programs which help Apple Valley residents. BUDGET IMPACT: N/A ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2022- A RESOLUTION ACCEPTING DONATION WHEREAS, the City Council of Apple Valley encourages public donations to help defray costs and improve the quality of life in Apple Valley; and WHEREAS, Julia Thompson of Apple Valley has offered to donate $500.00 to the Police Department to support police department community outreach programs; and WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota,that this donation is hereby accepted for use by the City. BE IT FURTHER RESOLVED that the City sincerely thanks Julia Thompson for the gracious and generous donation and her support of the Police Department's efforts in the community. ADOPTED this 13th day of January, 2022 Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ITEM: 4.C. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Designating Dakota County Tribune as Official Newspaper for 2022 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Adopt the resolution designating the Dakota County Tribune as the official newspaper of the City of Apple Valley for the year 2022. SUMMARY: T he Dakota County Tribune meets the requirements for a qualified newspaper under Minnesota Statutes § 331A.02. Staff is recommending the City Council designate the Dakota County Tribune as the City's official newspaper for 2022. Ordinances, financial reports, and other information as required by law, as well as matters the Council deems advisable, shall be published in the City's designated official newspaper. BACKGROUND: Minnesota Statutes § 412.831 requires that the City Council, at its first meeting of each year, designate a legal newspaper of general circulation in the City as its official newspaper. BUDGET IMPACT: Printing/publishing costs for legal notices are included in the 2022 budget. ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2022- A RESOLUTION DESIGNATING THE 2022 OFFICIAL CITY OF APPLE VALLEY NEWSPAPER WHEREAS,Dakota County Tribune newspaper was designated as the official City newspaper in 2021; and WHEREAS, ECM Publishers, Inc.,has submitted a proposal for having the Dakota County Tribune designated as the 2022 City of Apple Valley official newspaper; and WHEREAS,Dakota County Tribune qualifies as an official newspaper of the City, pursuant to State law; provides publication of legal notices in a newspaper widely distributed in the City; and the publisher has satisfactorily fulfilled its duties as the official newspaper of the City in the past. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that Dakota County Tribune be and hereby is designated as the official newspaper of the City of Apple Valley for the year 2022. ADOPTED this 13th day of January, 2022. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ITEM: 4.D. ..... :�. Apple II COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Designating the City's Website as Official Website for Disseminating Solicitations of Transportation Project Bids in 2022 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Adopt the resolution designating the City's website as the official website for the dissemination of solicitations of transportation project bids in 2022. SUMMARY: State law allows cities to use their own website in lieu of the official newspaper as an alternative means of disseminating solicitations of transportation project bids. Cities opting to use such a method must annually publish a notice in the City's official newspaper and on the City's website. Attached for your consideration is a resolution designating the City's website as the official website for solicitations of transportation project bids for 2022, and directing the City Clerk to publish the required notice in the City's official newspaper and to post it on the City's website. BACKGROUND: Minnesota Statutes § 331A.12, Subd. 2, states in part "At the meeting of the governing body of a political subdivision at which the governing body designates its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the political subdivision's website." It further states "Each year after designating publication on the website for transportation projects, the political subdivision must publish, in a qualified newspaper in the jurisdiction and on the website, notice that the political subdivision will publish any advertisements for bids on its website." BUDGET IMPACT: N/A ATTACHMENTS: Resolution Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2022- RESOLUTION DESIGNATING THE CITY'S WEBSITE AS THE OFFICIAL WEBSITE FOR SOLICITATIONS OF TRANSPORTATION PROJECT BIDS IN 2022 WHEREAS, Minnesota State Statutes, Section 331A.123 allows cities to use their own website as an alternative means of dissemination of solicitations of transportation project bids; and WHEREAS, it is the desire of the City Council to use the City's website for a means of dissemination of solicitations of transportation project bids in 2022. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Apple Valley, Dakota County, Minnesota, hereby adopts the alternative method of using the City's website in lieu of the official newspaper for transportation project bids in 2022 consistent with state law. BE IT FURTEHR RESOLVED that the City Clerk is hereby authorized and directed to publish in the City's official newspaper and post on the City's website the public notice attached hereto as Exhibit A. ADOPTED this 13th day of January, 2022. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Exhibit A PUBLIC NOTICE DESIGNATING USE OF CITY'S WEBSITE FOR SOLICITING TRANSPORTATION PROJECT BIDS CITY OF APPLE VALLEY NOTICE IS HEREBY GIVEN, that pursuant to Minnesota Statutes, Section 331A.12 which allows cities to use their own website as an alternative means of dissemination of solicitations of transportation project bids, the City Council of the City of Apple Valley, Dakota County, Minnesota,passed a resolution on January 13, 2022, designating the City's website as the official website for the advertisement of transportation project bids in 2022. DATED this 13th day of January, 2022. Pamela J. Gackstetter Apple Valley City Clerk • ITEM: 4.E. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Designating U.S. Bank NA as Official Depository for City Funds in 2022 Staff Contact: Department/ Division: Ronald Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt resolution designating U.S. Bank NA as official depository for City funds in 2022. SUMMARY: Each year the City Council is to designate an official depository for the coming year. The attached resolution designates U.S Bank NA as the City's official depository for the coming year. The City completed a Request for Proposal (RFP) process in 2018 and U.S. Bank NA was selected for a 5 year period. The U.S. Bank account includes using the 4M fund as a sweep account arrangement where each day the balance in the US Bank account above what is needed to cover the days transactions are swept to the 4M fund which is a higher interest earning account. Amounts held in the 4M fund are not required to be collateralized because they are held by a third party in the City of Apple Valley's name. BACKGROUND: N/A BUDGET IMPACT: No direct budget impact, the bank fees are offset by the interest earnings within the investment pool fund which in turn is reallocated to individual operating funds along with any other investment earnings. ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2022- A RESOLUTION DESIGNATING U.S. BANK NA AS OFFICIAL DEPOSITORY FOR CITY FUNDS IN 2022 WHEREAS,U.S. Bank,NA has been selected to be the City of Apple Valley's official depository along with a sweep account arrangement utilizing the 4M fund; and WHEREAS,by using the 4M Fund as sweep account collateral will not be required as this account is held by a third party in the City of Apple Valley's name. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota, that U.S. Bank NA be designated the City's official depository for 2022 for the depository and controlled disbursement accounts, with balances not to exceed the limits of FDIC coverage or pledged collateral for those amounts requiring collateral; BE IT FURTHER RESOLVED that the following conditions shall be followed: 1. In the event that collateral is required from U.S. Bank NA it will be provided in the form of an irrevocable letter of credit issued by the Federal Home Loan Bank. 2. U.S. Bank,NA may furnish both collateral and a bond; deliver additional collateral from time to time;withdraw excess collateral; and substitute other collateral from that previously furnished. 3. The City Treasurer is hereby authorized to invest and transfer City funds in said institution; checks for these activities shall be included on the check approval list submitted to the Council at its next regular meeting. 4. That the permitted municipal deposit may be increased from time to time, subject to collateral and F.D.I.C. Insurance exceeding the amount deposited by at least ten percent(10%). ADOPTED this 13th day of January, 2022. Clint Hooppaw,Mayor ATTEST: Pamela Gackstetter, City Clerk • ITEM: 4.F. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Designating Additional Depositories and Financial Security Dealers for City Funds in 2022 Staff Contact: Department/ Division: Ronald Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt resolution designating additional depositories and financial security dealers for City funds in 2022. SUMMARY: Each year the City Council is asked to designate additional official depositories beyond the designation of the depository for the main account, along with financial security dealers for the coming year. The attached resolution includes a list of the firms recommended to be designated as additional depositories and financial security dealers. Prior to conducting business with each of the firms it is required that the City obtain a Broker Certification in a form determined by the State Auditor which acknowledges the broker's receipt of the City's investment policy and includes a provision that all future investments are to be made in accordance with Minnesota Statutes. If the investments are considered bank deposits (Certificates of Deposit, Savings and or Checking accounts) collateral shall be pledged by the institution for any amounts exceeding FDIC insurance Coverage. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2022- A RESOLUTION DESIGNATING ADDITIONAL DEPOSITORIES AND FINANCIAL SECURITY DEALERS FOR CITY FUNDS IN 2022 WHEREAS,the City Council,by Resolution No. 2021-04 adopted on the 14th day of January, 2021, designated certain banking, savings and financial institutions as additional official depositories of City funds; and WHEREAS,the City Treasurer has requested the designation of depositories and finance security dealers for City funds in 2022. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley: 1. The following are hereby designated as additional depositories or financial security dealers: A. Wells Fargo Securities, LLC B. Wells Fargo Bank,NA C. 4 M Fund D. Northland Securities,Inc. E. RBC Capital Markets Corporation F. Robert W. Baird&Co. Inc. G. Moreton Capital Markets, LLC H. U.S. Bancorp Investments, Inc. I. Old National Bank J. Merchants Bank,NA K. MidCountry Bank 2. The permitted municipal deposit may be increased from time to time, subject to collateral and F.D.I.C. Insurance for time deposits exceeding the amount deposited by at least ten percent(10%). 3. For time deposits,the institutions may furnish both collateral and a bond; deliver additional collateral from time to time; withdraw excess collateral; and substitute other collateral from that previously furnished. 4. Each year each investment broker must acknowledge receiving a statement of investment restrictions which shall include a provision that investments are to be made in accordance with Minnesota Statutes governing the investment of public funds. Such statement shall be in a form provided by the State Auditor. 5. The City Treasurer or Asst. Treasurer,together with the Mayor or Acting Mayor, are hereby authorized to invest City funds in said institutions and in such other government securities as permitted by law. ADOPTED this 13th day of January, 2022. Clint Hooppaw,Mayor ATTEST: Pamela J. Gackstetter, City Clerk 2 • ITEM: 4.G. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Designating U.S. Bank Institutional Trust as Safekeeping Custodian Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt resolution designating U.S. Bank Institutional Trust as Safekeeping Custodian. SUMMARY: In November 2018, the City Council appointed U.S. Bank Institutional Trust as Safekeeping Custodian for the City's investments in response to a RFP process. U.S. Bank Institutional Trust had the lowest cost proposal at $7,500 per year, which is their minimum fee for the year. BACKGROUND: The safety of public funds is a primary objective of all governments. One of the protections and a control against fraud is the separation of the safekeeping and custody function from the investment function. By having securities held by a third party we can minimize custodial risk in an investment transaction by having the selected firm provide for the transfer and safekeeping of the securities. The custody safekeeping arrangement has U.S. Bank Institutional Trust as the custodian holding the investments in the City of Apple Valley's name and they do not participate in the investment activity or provide investment advice, which maintains the third party safekeeping independence and helping minimize risk. The safekeeping custody firm will: • hold and safeguard the investments • collect interest and dividends • settle trades and maturities as directed • provide monthly reporting with independent 3rd party valuations Any cash balances in this account would be placed in a short term money market fund consisting of government securities. By utilizing a safekeeping custodian in the city's name, the footnote disclosure rating assigned under Government Accounting Standards Board (GA SB) Statement No. 40 in our annual financial statements will be reported in the top category defined as securities held by the government's agent in the government's name. BUDGET IMPACT: No direct budget impact, the custody fees of $625 per month are offset by the interest earnings within the investment pool fund which in turn is reallocated to individual operating funds along with any other investment earnings. ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2022 A RESOLUTION DESIGNATING U.S. BANK INSTITUTIONAL TRUST AS SAFEKEEPING CUSTODIAN WHEREAS,the safety of public funds is one of the primary objectives of all governments; and WHEREAS, one of the protections and a control against fraud is the separation of the safekeeping and custody function from the investment function; and WHEREAS,by having securities held by a third party the City of Apple Valley can minimize safekeeping and custodial risk in an investment transaction; and WHEREAS,the City of Apple Valley desires to engage a financial institution to serve as custodian for the City's investments in accordance with the City's investment Policy, and WHEREAS, it is determined U.S. Bank Institutional Trust meets the City of Apple Valley's needs. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota, that U.S. Bank Institutional Trust be designated the City of Apple Valley's safekeeping custodian. ADOPTED this 13th day of January, 2022. Clint Hooppaw,Mayor ATTEST: Pamela Gackstetter, City Clerk • ITEM: 4.H. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Authorizing Electronic Funds Transfers Staff Contact: Department/ Division: Ronald Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt resolution authorizing electronic funds transfers. SUMMARY: Minnesota Statute 471.38 Subd. 3 authorizes the city to execute certain electronic funds transfers, and requires that the governing body annually delegate the authority to make electronic funds transfers to a designated chief financial officer or designee. BACKGROUND: Minnesota Statute 471.38 Subd. 3 defines electronic funds transfer as the process of value exchange via mechanical means without the use of checks, drafts, or similar negotiable instruments. A local government may make an electronic funds transfer for the following: • for a claim for a payment from an imprest payroll bank account or investment of excess money; • for a payment of tax or aid anticipation certificates; • for a payment of contributions to pension or retirement fund; • for vendor payments; and • for payment of bond principal, bond interest and a fiscal agent service charge from the debt redemption fund. The authorization in subdivision 3 extends only to a local government that has enacted all of the following policy controls: • the governing body shall annually delegate the authority to make electronic funds transfers to a designated business administrator or chief financial officer or the officer's designee; • the disbursing bank shall keep on file a certified copy of the delegation of authority; • the initiator of the electronic transfer shall be identified; • the initiator shall document the request and obtain an approval from the designated business administrator, or chief financial officer or the officer's designee, before initiating the transfer as required by internal control policies; • a written confirmation of the transaction shall be made no later than one business day after the transaction and shall be used in lieu of a check, order check or warrant required to support the transaction; • a list of all transactions made by electronic funds transfer shall be submitted to the governing body at its next regular meeting after the transaction. BUDGET IMPACT: N/A ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2022 A RESOLUTION AUTHORIZING ELECTRONIC FUNDS TRANSFER TRANSACTIONS WHEREAS, Minnesota Statute 471.38 Subd. 3 authorizes the city to execute certain electronic funds transfers; and WHEREAS, Minnesota State Statute §471.38 subd. 3 defines electronic funds transfer as the process of value exchange via mechanical means without the use of checks, drafts, or similar negotiable instruments; and WHEREAS, Minnesota State Statute §471.38 subd. 3 requires that the governing body annually delegate the authority to make electronic funds transfers to a designated chief financial officer or designee; and WHEREAS, Minnesota State Statute §471.381 states that payment of claims, obligations and investment transactions of a statutory city may be made by warrant, check or all forms of electronic or wire funds transfer and that a statutory city may accept payment by use of credit card, debit card, or all forms of electronic or wire funds transfer; and NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota,that the City Administrator,Finance Director, and Assistant Finance Director are authorized to accept and make payment by electronic funds transfer and that these transactions will be presented to the City Council at its next regular meeting. ADOPTED this 13th day of January, 2022. Clint Hooppaw,Mayor ATTEST: Pamela Gackstetter, City Clerk • ITEM: 4.1. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Approve Electronic Funds Transfer Policy and Procedures Staff Contact: Department/ Division: Ronald Hedberg, Finance Director Finance Department ACTION REQUESTED: Approve Electronic Funds Transfer Policy and Procedures. SUMMARY: Each year the City Council authorizes the execution of electronic funds transfer and the attached Electronic Funds Transfer Policy has been used within the Finance Department for executing the electronic funds transfer authority and is provided for City Council adoption. BACKGROUND: The Electronic Funds Transfer Policy identifies the procedures to ensure that electronic funds transfers are initiated, executed and approved in a secure manner. The policy and procedures prescribe the control and accounting procedures under which any funds under the City's control are allowed to be moved by electronic transfer for any purposes including direct deposit, withdrawal or payment. It also establishes a framework of procedures to initiate, approve, and record an EFT payment which is subject to the same financial policies, procedures, and controls that govern disbursements made by any other means, and ensures that EFT transactions will not be made without proper authorization of affected parties in accordance with federal and state statutes and accepted business practices. BUDGET IMPACT: N/A ATTACHMENTS: Policy City of Apple Valley .... ..... ••• ELECTRONIC FUNDS TRANSFER AppValley POLICY Finance Policy PURPOSE The City's Electronic Funds Transfer Policy identifies procedures and best practices to ensure Electronic Funds Transfers (EFT's) are initiated, executed and approved in a secure manner. The purpose of the Electronic Funds Transfer Policy is to: • Prescribe the control and accounting procedures under which any funds under the City's control are allowed to be moved by electronic transfer for any purposes including direct deposit, withdrawal or payment. • Establish procedures to initiate, approve, and record an EFT payment that is subject to the same financial policies, procedures, and controls that govern disbursements made by any other means. • Ensure that EFT transactions will not be made without proper authorization of affected parties in accordance with federal and state statutes and accepted business practices. DEFINITIONS • Electronic Funds Transfer (EFT) —The exchange or transfer of money electronically from one account to another, either within a single financial institution or across multiple institutions. Examples of EFT's include Automated Clearing House (ACH) transfers and Wire transfers. • ACH Transfer — A method of electronic funds transfer processed through the Automated Clearing House. The transfer may take 1 to 3 days to complete but is less costly than a wire transfer. • Wire Transfer —A method of electronic funds transfer from one bank account to another. The transfer usually occurs within hours to complete but is more costly than an ACH transfer. • Non-Repetitive Wire Transfer—Wire transfers for which all the beneficiary information is entered each time a wire is initiated. ■ Repetitive Wire Transfer — The receiving bank account information is established in a template and the only information that changes is the amount of the transfer. Repetitive wire transfers are used when funds are sent to the same party on an ongoing basis. ROLES AND RESPONSIBILITIES • The Finance Director is responsible for the daily management of the City cash balances and the general oversight of Electronic Funds Transfers (EFT's) • The Finance Director will designate a primary system administrator to manage and control access to the systems used to process EFT transactions. • The system administrator shall ensure that the adequate separation of duties exist in accordance with accepted internal control standards. In addition, the administrator shall ensure approval and maintenance of user system ID's, user permissions, including authorized user transfer limits. POLICY AND PROCEDURES It is the responsibility of all staff to comply with the City's Electronic Funds Transfer Policy guidelines and all applicable laws, statutes, and ordinances. CONTROL PROCEDURES • The mechanism by which EFT payment requests are communicated to the disbursing bank will have adequate controls to prevent unauthorized access. These controls shall include password protected user accounts and token generated passwords. • All EFT payments shall be initiated by the secure computer-based system. Phone transfers will only be used if approved in advance by the Finance Director and will require secondary approval by someone other than the initiator. • The system administrator will coordinate the establishment of EFT templates with receiving and disbursing bank information, which will then require secondary approval by the Finance Director. • For EFT payments that are recurring, the system administrator will set up the template but it may not be altered without the secondary approval of the Finance Director. • The person who initiates the EFT cannot approve or release the associated non- repetitive EFT or wire transfer. It will require secondary approval. • The initiator of the electronic transfer shall be identified. • The initiator shall document the request and obtain an approval from the Finance Director or designated system administrator before initiating the transfer as required by internal control policies. AUTHENTICATION OF NEW/EXISTING EFT REQUESTS • New EFT requests and change requests by vendors will be required to complete an ACH ENROLLMENT/CHANGE FORM. • Accounts Payable shall obtain an IRS form W-9 for each vendor and verify the taxpayer identification number against IRS systems. • Payroll will require that a Direct Deposit Enrollment Form be completed with initial direct deposit information and subsequent changes. If it is not submitted in person, the payroll coordinator will call them to verify the information. • Prior to being input into the computer-based financial system, the information will be validated by completing the following steps: • Contact the requestor directly by phone to confirm any requests for payment method or payment instruction changes. • Do not use the contact information provided on the request form; do use contact information known to be genuine such as the master supplier file/vendor invoices/internet searches for company contact information. • Have the requestor confirm existing payment instructions on file prior to make changes (i.e. current bank account and routing number provided in original request). • Document the verification process. The person responsible for entering/updating instructions will on the form initial/date that the verification process was followed. The record must be maintained in accordance with record retention policies. OVERSIGHT CONTROLS • Because EFT transfers between City bank accounts have reduced risk, the Finance Director may use EFT's on a routine basis to concentrate funds for payment and investment purposes. Although the risks are minimal for transfers between City accounts, reasonable controls should exist with regard to authorization, reconciliation, and review of these transactions. • Separation of duties is of utmost importance and internal control measures should be consistently monitored. • Weekly reporting of vendor record changes (Vendor Address Book Audit Report) shall be provided to the Assistant Finance Director for review. • Notifications will be setup with the bank to alert the Finance Director and system administrator of bank activity based on established thresholds. • Bank activity will be monitored daily for unusual or unexpected transactions. • Reconciliation of bank activity to the General Ledger will be performed in a timely manner with all exceptions noted. This reconciliation will be done by someone who does not have the ability to setup/initiate/approve EFT transactions. RECORDKEEPING AND DOCUMENTATION • A list of all transactions made by electronic funds transfer shall be submitted to the governing body at its next regular meeting after the transactions. • Confirmation of the transaction shall be obtained no later than one business day after the transaction and shall be used in lieu of a check, order check or warrant required to support the transaction. The records shall be maintained in accordance with record retention policies. • ••• ITEM: 4.J. ..... .... Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Adopt Policies and Procedures for Federal Awards Administration Staff Contact: Department/ Division: Ronald Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt Policies and Procedures for Federal Awards Administration. SUMMARY: Staff is recommending the adoption of Policies and Procedures for Federal Awards to supplement the City's purchasing policy, which previously included many of these provisions. This manual documents the policies and procedures for the administration of federal awards of the City of Apple Valley ("City"). The Office of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (Uniform Guidance) requires all recipients and sub-recipients of federal funds to establish and maintain internal controls designed to reasonably ensure compliance with Federal laws, regulations and program compliance requirements. Written policies and procedures are part of the necessary internal controls and are required as a precondition to receiving federal funds. These policies and procedures are intended to be sufficiently comprehensive to adequately meet such requirements. However, in no case are these policies and procedures intended to supersede or limit Federal or State laws or regulations, or the provisions of individual grant agreements. BACKGROUND: When the City receives federal dollars directly or indirectly, we must have policies in place to meet federal purchasing requirements. The attached Policy and Procedures for Federal Award Administration manual addresses these requirements. This policy includes the items related to federal funding that was previously included in the purchasing policy updated in 2018, in addition to a new section on Sub-recipient Monitoring for federal awards. We have not previously paid any federal program dollars to entities considered sub-recipients, but our auditors suggest that we have that included in the policy in case we do. Under the CARES Act program last summer we did distribute federal funds, but the recipients were considered the final beneficiaries, not a sub-recipient. This policy addresses the procurement requirements of the federal Uniform Grant Guidance regulations, as well as aligning it with the City's purchasing policy for the various purchasing thresholds. This policy and the City's purchasing policy remains more restrictive than MN Statutes and remains more restrictive than allowed under the federal Uniform Grant Guidance provisions. BUDGET IMPACT: ATTACHMENTS: Policy iii• •• • •• • • • • • • • Apple Valley City of Apple Valley POLICIES AND PROCEDURES FOR FEDERAL AWARDS ADMINISTRATION January 13, 2022 TABLE OF CONTENTS OVERVIEW 1 Purpose 1 Hierarchy of Authority 1 Revisions 1 Compliance Failures 1 General Accounting and Financial Management. 1 Purchasing and Procurement 3 Payroll and Timekeeping 8 Grant Administration 10 Grant Development, Application, and Approval 10 Grant Program Implementation 11 Financial and Budgetary Compliance 11 Record Keeping 12 Other Guidelines 12 Year-end Closing and Reporting 13 Additional Federal Awards Compliance Requirements 14 General Information 14 Activities Allowed/Un-allowed and Allowable Costs/Cost Principles 15 Cash Management 16 Eligibility 16 Equipment and Real Property Management 17 Matching, Level of Effort and Earmarking 18 Period of Performance 19 Procurement, Suspension and Debarment 19 Program Income 20 Sub-recipient Monitoring 21 Special Tests and Provisions 22 OVERVIEW Purpose -This manual has been prepared to document the policies and procedures forthe administration of federal awards of the City of Apple Valley ("City"). The Office of Management and Budget (OMB)Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (Uniform Guidance) requires all recipients and sub-recipients of federalfunds to establish and maintain internal controls designed to reasonable ensure compliance with Federal laws, regulations and program compliance requirements. Written policies and procedures are part of the necessary internal controls and are required as a precondition to receiving federal funds.These policies and procedures areintended to be sufficiently comprehensive to adequately meet such requirements. However, in no case are these policies and procedures intended to supersede or limitFederal or State laws or regulations, or the provisions of individual grant agreements. Hierarchy of Authority- In the event that conflicting guidance on the administration offederal awards is available, the City has deemed federal guidance to be most authoritative, followed by other state or local agencies. Revisions - Guidance provided by the Federal government through the OMB UG Compliance Supplement are expected to be updated each year. Such updates are considered by the City as they become available and policies and procedures will berevised accordingly. Compliance Failures- Compliances failures, whether noted internally by managementor through the external audit process, will be addressed immediately by reviewing thereason for the failure with responsible personnel and devising an improved process toencourage compliance in the future. General Accounting and Financial Management It is the policy of the City to comply with all statutory, regulatory, and contractual requirements in the conduct of,and accounting for, its financial operations. The officialbooks of record for the City will be maintained subject to the following provisions: 1. The City will account for its operations in accordance with the Generally Accepted Accounting Principles (GAAP) applicable to local units of government. 2. The City will comply with the Super Circular issued by the Office of Managementand Budget (OMB), Uniform Administrative Requirements, Cost Principles, and Audit 1 Requirements for Federal Awards (2 CFR 200). 3. The City will comply with all contractual requirements detailed in its duly executed grant agreements with awarding agencies. 4. The City will contract annually with an independent CPA firm for the purposes of conducting the City's external financial audit. To the extent that the City has expended federal awards in excess of the applicable single audit limit (currently $750,000), the City will have a single audit performed in accordance with OMB Uniform Guidance. 5. To ensure continuing compliance with all applicable accounting requirements, the City may, at its discretion, contract with a CPA firm to provide internal auditing and/or consulting services. 6. The Finance Director shall be responsible for the maintenance of all accountingand financial records (including journals, timesheets, bank statements, audit reports and similar documents). Such records shall be retained as required by contractual or regulatory requirements. The City has adopted the state's recordsretention schedule as its official guide for records storage, filing and destruction. 7. The City and employees are required to comply with the City's conflict of interest procedures and report any potential conflicts of interest to their managers. No employee, officer or agent may participate in the selection, award or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such violations may result in appropriate discipline. 8. The City will request prior approval from Federal agencies or pass-through entities for program or budget changes. 9. The City has implemented a more restrictive threshold as provided in the Uniform Guidance to align with the City's Purchasing Policy. Acquisitions for micro-purchases are considered below $3,500, or below $2,000 for construction subject to the Davis Bacon Act, may be awarded without soliciting bids if the City considers the price to be reasonable. Procurements for small purchases (less than $175,000 - Minn. Stat. § 471.345), in which case quotations must be obtained from an adequate number of sources. Procurements made by sealed bid should be made to the lowest responsible (not necessarily the lowest 2 bidder). Procurements made by competitive proposal must have standards to evaluate the selected recipient. Procurement made by non-competitive proposals (to one vendor) may be used only if one of the following applies a) the item is available from a single source, b) an emergency exists c) the Federal agency expressly authorizes non-competitive proposals, or d) competition is seen as inadequate after solicitation to several vendors. 10. Other procurement procedures include: contractors who develop or draft specifications for bids are precluded from bidding on them. The City must maintain oversight so that contractors perform work as bid. Multiple provisions must be included in contracts (see Appendix II of grant procurement guidelines ofsuper circular procedures). The City must verify to http://www.sam.gov/ if contract is $25,000 or more to review if on the suspended and debarred list for federal grants. 11. Procedures for inventory of federal capital purchases will be maintained by the Finance Department, with the help of the Engineer, and all items will be tracked annually. See Equipment and Real Property Management for further procedures. 12. The Finance Director (or designee) or the City Administrator are required tocertify expenditures. Purchasing and Procurement It is the policy of the City to ensure that all disbursements of City funds are properly reviewed and authorized, and consistent with sound financial management principles,and made in compliance with all applicable federal, state and local laws. In order to meet these objectives, all disbursements of City funds shall be subject to the followingprovisions, to the extent that they do not conflict with or contradict with any specific federal, state or local law or council policies (the most specific or restrictive law, policyor procedure will be followed): 1. Substantial state and federal requirements exist pertaining to standards of conduct and conflict of interest. It is the intent of the City for all employees, officers or agents to conduct all activities associated with procurements in compliance with the highest ethical standards, including the avoidance of any real or perceived conflict of interest. It is also the intent of the City to impose appropriate sanctions or disciplinary actions, including but not limited to termination and/or prosecution, for any employees or officers who violate any ofthese requirements. 2. The City avoids the acquisition of unnecessary or duplicative items. Additionally, 3 the City considers consolidating or breaking out procurements to obtain a more economical purchase. And, where appropriate, the City makes an analysis of leases versus purchase alternatives, and other appropriate analyses to determine the most economical approach. 3. To foster greater economy and efficiency, the City enters into state and local intergovernmental agreements where appropriate for procurement or use of common or shared goods and services.This includes cooperative purchasing agreements where practical and beneficial. Depending on the purchase requested, the City may purchase it from a cooperative or inter-local agreement ifthe price is competitive and the goods or service are needed in a timely manner. The Finance Director and the City Administrator will make this determination. 4. The City awards contracts only to responsible contractors possessing the abilityto perform successfully under the terms and conditions of a proposed procurement. The City considers such matters as contractor integrity and business ethics, compliance with public policy, ability to complete the project ontime and in accordance with specifications, record of past performance, and the contractor's financial and technical resources. S. The City will award a contract to a contractor who has the appropriate experience, expertise, qualifications and any required certifications, necessary to perform the work. Contractors should also have the financial resources to sustainthe project while the initial work is being completed and during each service period until he or she submits invoices for payment to the City as work is completed. Contractors should have the proper equipment or the capability to subcontract for the proper equipment necessary to complete the contracted work. 6. Debarment and Suspension: The City will not subcontract with or award subgrants to any person or company who is debarred or suspended from receiving federal funds. The Finance Director, or designee thereof, is required to check for excluded parties at the System for Award Management (SAM) website before any procurement transaction paid with federal funds.This list is located at:http://www.sam.gov/. 7. All procurement transactions paid with federal funds are conducted in a manner providing full and open competition. In an environment of full and open competition, no proposer or bidder has a competitive advantage over another.Allpotential proposers and bidders must be provided the same information and havethe same opportunity to submit a bid or proposal. Providing a competitive advantage to one or more potential 4 proposers or bidders over another can open the potential for disputes and lawsuits that can be costly and can significantly delay the completion of projects. In accordance with 2 CFR 200.322, preference is given for goods, products and materials produced in the United States. 8. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals(RFPs) are excluded from competing for such procurements. The City does not engage in the following situations that may restrict full and open competition, including but not limited to: a. Placing unreasonable requirements on firms for them to qualify to do business. b. Requiring unnecessary experience and excessive bonding. c. Noncompetitive pricing practices between firms or between affiliated companies. d. Noncompetitive contracts to consultants that are on retainer contracts. e. Organizational conflicts of interest. f. Specifying only a "brand name" product instead of allowing "an equal" product to be offered and describing the performance or other relevant requirements of the procurement. g. Any arbitrary action in the procurement process. h. The City conducts federal procurements in a manner that prohibits the useof statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. 9. All solicitations will incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description will not, in competitive procurements, contain features which unduly restrict competition. The description will include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, will set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications willbe avoided if possible. 10. The City will make independent estimates of the goods or services being procured before receiving bids or proposals to get an estimate of how much thegoods and services are valued in the current market. To accomplish this, after bids and proposals are received, but before awarding a contract, the City conducts either a price analysis or a cost analysis, depending on the type of contract, in connection with every 5 procurement with federal funds in excess of$175,000. 11. The City takes all necessary affirmative steps to assure that minority businessesand women's business enterprises, and labor surplus area firms are used whenpossible. To accomplish this, the City uses the following required affirmative steps: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists. b. Assuring that small and minority business, and women's business enterprises are solicited whenever they are potential sources. c. Dividing total requirements, when economically feasible, into smaller tasksor quantities to permit maximum participation by small and minority businesses, and women's business enterprises. d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women'sbusiness enterprises. e. Using the services and assistance, as appropriate, of such organizationsas the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. f. Requiring the prime contractor, if subcontracts are to be let,to take the affirmative steps listed above. 12. Federal methods provide for procurement by micro-purchase. Micro-purchase is considered a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed $3,500. The micro-purchase method is used in order to expedite the completion of its lowest-dollar small purchase transactions and minimize the associated administrative burden and cost. 13. Small purchase procedures may be used in those relatively simple and informal procurement methods for securing nonprofessional services, supplies, or other property that do not cost more than $175,000. 14.Sealed bids ($175,000, formal advertising, price is a major factor). Requirementsfor sealed bids: a. The invitation for bids will be publicly advertised and bids must be selected from an adequate number of known suppliers, providing them sufficientresponse time prior to the date set for opening the bids. 6 b. The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services for the bidder to properly respond. c. All bids will be publicly opened at the time and place prescribed in the invitation for bid. d. A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. e. Any or all bids may be rejected if there is a sound documented reason. f. Competitive proposal (> $175,000, fixed price or cost reimbursement, request for proposal (RFP) with evaluation methods). Requirement for competitive proposal procedures: g. Requests for proposals must be publicized requests and identify all evaluation factors and their relative importance. h. Proposals must be solicited from an adequate number of qualified sources. i. The organization must have a written method for conducting technical evaluations of the proposals received and for selecting recipients. j. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program. k. The organization may only use qualification-based methods, whereby competitors' qualifications are evaluated, and the most qualified competitor is selected, in the procurement of architectural/engineering professional services. 15. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used when using federal funds onlywhen one or more of the following circumstances apply: a. The item is available only from a single source. This must be documented. b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation. c. Any Federal awarding agency expressly authorizes noncompetitive proposals in response to a written request from the City. d. After solicitation of several sources, competition is determined inadequate. 16. Time and materials type contract means a contract whose cost to the City is the sum of: the actual costs of materials, and direct labor hours charged at fixed 7 hourly rates that reflect wages, general and administrative expenses and profit. a. The City may use a time and materials type contract paid with federal funds in accordance with the above only (1) after a determination that no other contract is suitable; and (2) if the contract includes a ceiling price thatthe contractor exceeds at its own risk. 17. The City ensures that all prequalified lists of persons, firms, or products whichare used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. The City accomplishes this by conducting internet searches, including using vendor searches and by using other less technologically-advanced tools to locate andidentify potential contractors. Federal guidelines are followed regarding the number of bids required. 18. The City requires that construction or facility improvement contracts, or subcontracts exceeding $175,000, include a bid guarantee equivalent to 5%ofthe bid price from each bidder (such as bid bond or certified check), a performance bond on the part of the contractor for 100 percent of the contractprice, and a payment bond on the part of the contractor for 100 percent of the contract price. Note: The City's purchasing policy does not apply to procurement by contractors orsubcontractors on projects, federally supported or otherwise. Payroll and Timekeeping The following provisions apply to the payment of employees and recording of time andeffort (as required) in accordance with OMB UG: 1. The payroll records must be supported by a system of internal control which provides reasonable assurance that the charges are accurate, allowable, and properly allocated including: a. The total number of hours worked each day. b. The use of any holiday, personal, vacation, sick or other approved time offwith pay. c. The total number of hours to be paid. d. The allocation of those hours to each program or department for whichwork was performed, when necessary. e. The dated signature or electronic signature of the employee and 8 supervisor for each payroll period. 2. Be incorporated into the City's official records. 3. Reasonably reflect the total activity for which the employee is compensated. 4. Encompass federally-assisted and all other compensated activities by the City on an integrated basis but may use subsidiary records. 5. Support the distribution of the employee's salary or wages among specific activities if the employee works in more than one area. 6. Budget estimates are not an allowable form of allocation, but may be used in the interim if: a. The system for establishing estimates provides reasonable approximations. b. Significant work changes are entered into the system in a timely manner. c. The City's internal controls include review of after-the-fact interim charges. 7. Salaried employees charged to a federal grant will document time and effort as outlined in paragraph 1 above. The time must also be supported by records indicating the total number of hours worked each day. It is the responsibility of the employee being charged to a federal award(s) to clarify documentation requirements with the City Administrator or Finance Director and provide appropriate documentation to the Payroll Specialist as it becomes available. The employee should retain a copy of the documentation for his/her personal records. If an after-the-fact correction is necessary to an employee's timesheet due to errors in the allocation of time worked, such corrections must be submitted to the Finance Director and approved in writing by both the employee and his/her supervisor. Certifications should never be signed prior to the end date of the payroll period beingcertified. Each certification should be provided to the Finance Department when available. Employees should retain a copy of the certifications for his/her personal records. 9 Grant Administration The following policies and procedures will also be applied, to the extent that they do notconflict with or contradict any existing Council policies: Grant Development. Application. and Approval 1. Legislative Approval -The point at which legislative approval is required is determined by the requirements of the grant program. If the grant must be submitted by"an individual authorized by the legislative body", then City Councilapproval is required prior to submitting the application. If such legislative approval is not specifically required by the written terms of the grant, then the City Administrator or designee may, at his or her discretion, approve grant applications. 2. Matching Funds - Grants that require cash local matches must be coordinated through the Finance Department. At a minimum, funds must be identified within the existing budget to provide the match, or a budget amendment will be required. Depending on the nature of the grant, there may also be some policy implications that will bear discussion. For example, will the grant establish a levelof service that cannot be sustained once the grant funds are depleted. In all cases involving matching funds, the grant applicant should contact theFinance Department to determine the strategy for securing matching funds. Refer to the section within this manual titled "Matching, Level of Effort and Earmarking" for additional information on compliance with the provisions oftheOMB UG Compliance Supplement. 3. Grant Budgets - Most grants require the submission of an expenditure budget. The Finance Director will review this portion of the grant request prior to submission. Frequently, a technical review will discover inconsistencies in the calculations, cost centers that might have been overlooked, or identify reimbursable expenses of which program staff may not be aware-particularly inthe area of indirect costs. 10 Grant Program Implementation 1. Notification and Acceptance of an Award - Official notification of a grant award is typically sent by a funding agency to the program director and/or other official designated in the original grant proposal. However, the authorization to spend grant funds is derived from the City Council through the approval of a grant budget. Such notification should also be directed to the Finance Department. 2. Establishment of Accounts -The department that obtained the grant will providethe Finance Director with information needed to establish revenue and expenseaccounts for the project, as well as a project code for tracking purposes. Ordinarily, this information will include a copy of a summary of the project and detail of the full project budget. 3. Purchasing Guidelines - All other City purchasing guidelines apply to the expenditure of grant funds. The use of grant funds does not exempt any purchase from normal purchasing requirements. All typical paperwork and bidding requirements as well as normal staff approvals apply. When in doubt, theprogram director should contact the Finance Director for further assistance. Financial and Budgetary Compliance 1. Monitoring Grant Funds - Departments may use some internal mechanism (suchas a spreadsheet) to monitor grant revenues, expenditures and budgetary compliance, at the grant level.The Finance Director maintains all this informationin financial software system as well; this is considered to be the City's "official" accounting system by the granting agencies. Program Directors are strongly encouraged to use financial software reports provided by the Finance Department for their grant tracking. If any "off-system" accounting records are maintained, it is the responsibility of the Program Director to ensure that the program's internal records agree to theCity's accounting system. 2. Fiscal Years - Occasionally, the fiscal year for the granting agency will not coincide with the City's fiscal year. This may require adjustments to the City's internal budget accounts and interim financial reports as well as special handlingduring fiscal year-end close. It is the responsibility of the Program Director to bring such discrepancies to the attention of the Finance Department at the time the grant accounts are established. 11 3. Grant Budgets-The terms of each specific grant will dictate whether any budget transfers between budgeted line items will be permitted. In no case will the Program Director be authorized to exceed the total budget authority provided by the grant. If grant funds have not been totally expended by fiscal year-end, it is the responsibilityof the Program Director to notify the Finance Director that budget funds need to be carried forward to the new fiscal year, and to confirm the amounts of such carry- forwards. Carry-forwards of grant funds will be subjected to maximum allowable amounts/percentages based on the grant award agreement and/or the OMB UG Compliance Supplement. Capital Assets -The City is responsible for maintaining an inventory of assets purchased with grant funds. The City is accountable for them and must make them physically available for inspection during any audit. The City Council must approve of any sale of these assets. Customarily, the proceeds of the sale can only be used on thegrant program that purchased them. (Refer to the specific regulations governing the original grant). The Finance Director will coordinate this grant requirement. All transactions that involvethe acquisition or disposal of grant funded capital assets must be immediately brought to the attention of the Finance Director. Refer to the City's capital assets procedures and the section of this manual titled Equipment and Real Property Management for additional information. Record Keeping 1. Audit Work-papers -The City's external auditors audit all grants at the end of each fiscal year. The Finance Director will prepare the required audit work papers. Program Directors may be asked to assist in this process, if necessary. 2. Record Keeping Requirements - Grant record keeping requirements may vary substantially from one granting agency to another. Consequently, a clear understanding of these grant requirements at the beginning of the grant processis vital. The Finance Department will maintain copies of all grant draw requests and approved grant agreements (including budgets). The Program Director should maintain all other records. Other Guidelines Specific information on policies and procedures related to compliance with the provisions of the OMB UG Compliance Supplement have been addressed later in thismanual and should be 12 considered along with the information in this section. Year-end Closing and Reporting The following provisions will govern the year-end close-out process of the City forpurposes of external financial reporting: 1. To the extent that the City is required to have a single audit completed in accordance with OMB UG, the City will accumulate the information necessary toprepare a Schedule of Expenditures of Federal Awards ("SEFA") in accordance with federal and state requirements. This schedule will be characterized as follows: a. The schedule will include all federal financial assistance, including: grants, contracts, property, loans, loan guarantees, interest subsidies, cooperative agreements, insurance or direct appropriations. Amounts will be reported whether received directly from the Federal government or through a pass- through entity (in the event that the City is determined to be a sub- recipient and not a vendor). b. The schedule will be prepared on the same basis of accounting as therelated financial statements. c. Federal awards will be grouped based on Federal awarding agency. Eachfederal award with current expenditures will be listed along with its Assistance Listing Number, pass-through grantor name (if applicable) andaward/pass-through grantor number (if applicable). Such information will agree to the award documentation. d. If the Assistance Listing Number of a federal award cannot be reasonably determined, it shall be reported in the schedule using the two-digit prefix for the related Federal agency, followed by"UNKNOWN". e. To the extent that amounts are passed-through to sub-recipients, a schedule of federal awards provided to sub-recipients will be prepared. f. In addition to current year expenditures, the schedule will list approved award/grant amount, accrued/deferred revenue at the beginning of the year, current year cash received, current year actual expenditures, and accrued/deferred revenue at the end of the year. If expenditures were incurred relative to this award in the prior year(s), this amount should be 13 disclosed as memorandum-only. g. Any adjustments to prior year awards, expenditures, and balances (including transfers between grants) will be disclosed in the footnotes to the schedule. h. Accrued/deferred revenue in the schedule shall agree to the amounts recorded as receivable/deferrals in the related financial statements. i. To the extent that a separate line item is included in the financial statements for federal revenue, this amount shall agree to expenditures inthe schedule. Any reconciling items will be disclosed in the footnotes to the schedule. Additional Federal Awards Compliance Requirements A number of the federal awards received by the City are passed-through the State of Minnesota. Management will consider both the OMB UG Compliance Supplement andany applicable compliance requirements as set forth by the State of Minnesota. General Information Source of Information - Each year the Federal government (Office of Management and Budget) issues a comprehensive document on the compliance requirements each grantrecipient is obligated to follow in general terms, along with program-specific guidance onvarious grant awards. There are 12 compliance requirements identified, each of which isconsidered individually in this manual. The following pages document the policies and procedures of the City related to compliance with such procedures, as applicable. In each year that the City is subject toa single audit, applicable compliance requirements are expected to be tested in detail by the City's independent auditors. Objectives -The objectives of most compliance requirements are generic in nature. While the criteria for each program may vary, the main objective of the compliance requirement is relatively consistent across all programs. As such, the policies and procedures of the City have been based on the generic sense of the compliance requirement. For selected compliance requirements, this manual addresses the specificregulations applicable to individual grants. This is not intended to imply that a program is not subject to such policies if it is not specifically mentioned here. It is the intention ofthe City that all federal awards are subject to the following policies and procedures. Controls over Compliance - In addition to creating policies and procedures overcompliance 14 with provisions of federal awards, the City has implemented internal controls over such compliance, generally in the form of administrative oversight and/or independent review and approval. In order to document these control activities, all independent reviews must be signed/initialed and dated. Documentation -The City will maintain adequate documentation to support both the compliance with applicable requirements as well as internal controls over such compliance. This documentation will be provided to the City's independent auditors and/or pass-through granter agencies, as requested, during the single audit and program audits. Activities Allowed/Un-allowed and Allowable Costs/Cost Principles Source of Governing Requirements -The requirements for activities allowed or un- allowed are contained in program legislation, Federal awarding agency regulations, andthe terms and conditions of the award. The requirements for allowable costs/cost principles are contained in 2 CFR 200 Subpart E, program legislation, Federal awardingagency regulations, and the terms and conditions or the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. All grant expenditures will follow 2 CFR 200 Subpart E,State law, city policy, andthe provisions of the grant award agreement, which will also be considered in determining allowability. Grant funds will only be used for expenditures that are considered reasonable and necessary for the administration of the program. 2. Grant expenditures will be approved by department heads/program managers initially through the purchasing process and again when the bill or invoice is received.This will be evidenced by approval via the City's accounting software.Accounts payable disbursements will not be processed for payment by the Finance Department until necessary approval has been obtained. 3. Payroll costs will be documented in accordance with 2 CFR 200 Subpart E as described in the section of this manual titled Payroll and Timekeeping. An indirectcost rate will only be charged to the grant to the extent that it was specifically approved through the grant budget/agreement. When allowable, indirect costs will be charged based on the individual grant provisions as provided by the oversight agency. Cash Management 15 Source of Governing Requirements -The requirements for cash management are contained in OMB UG 2 CFR 200.302 &305, program legislation, Federal awardingagency regulations, and the terms and conditions or the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Substantially all the City's grants are awarded on a reimbursement basis. As such, program costs will be expended and disbursed prior to requesting reimbursement from the grantor agency. 2. Cash draws will be initiated by the Finance Director or City Administrator who will determine the appropriate draw amount. Documentation of how this amount was determined will be retained and signed/dated. 3. The physical draw of cash will be processed through SWIFT(Minnesota's State-wide Integrated Financial Tools payment system) or through the means prescribed in the grant agreement. 4. Supporting documentation from SWIFT or a copy of the cash draw paperwork willbe filed along with the approved paperwork described above and retained for audit purposes. 5. When cash is received in advance or drawn, the City will work to minimize time lapse between transfer of funds and disbursement by the City. Eligibility Source of Governing Requirements -The requirements for eligibility are contained in program legislation, Federal awarding agency regulations, and the terms and conditionsof the award. 1. Federal grants will only benefit those individuals and/or groups of participantsthat are deemed to be eligible. 16 Equipment and Real Property Management Source of Governing Requirements -The requirements for equipment are contained inOMB UG 2 CFR 200.310-316, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The following policies and procedures will also be applied, to the extent that they do notconflict with or contradict any existing Council policies: 1. All equipment will be used in the program for which it was acquired or, when appropriate and allowable,other federal programs. 2. When required, purchases of equipment will be pre-approved by the grantor orpass- through agency. The Finance Director, or designee will be responsible forensuring that equipment purchases have been previously approved, if required, and will retain evidence of this approval. 3. Equipment records will be maintained, and an appropriate system shall be usedto safeguard equipment. Equipment should be assigned to a program and physical location on the inventory. If such equipment is moved, it will be noted and adjusted in the City's capital assets records. 4. When equipment is no longer needed for a federal program, it may be retained orsold with the Federal agency having a right to a proportionate amount of the current fair market value. Proper sales procedures shall be used that provide for competition to the extent practicable and result in the highest possible return. Procedures for Disposition of Equipment: 1. The City will keep, sell or otherwise dispose of the equipment with no further obligation unless disposal requirements are specifically detailed in the grant. 2. A record of the date, reason and method of disposal or sale will be maintainedwith the equipment inventory. Equipment purchased will be identified and kept in a capital asset listing. An equipmentlisting shall be maintained that includes the following: a. Asset number and description of the equipment 17 b. Location of the equipment c. Depreciation method &years of expected life d. Acquisition date e. Cost of the equipment f. Equipment classification (land, building, equipment, etc.) g. Make, Model, &Serial number or other identification number h. Vendor and invoice number to purchase equipment i. Disposition data including date and sale price of the equipment A physical inventory of the property will be conducted periodically, and the results will be reconciled with the capital asset listing. A control system will be developed to ensureadequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage or theft will be investigated. Maintenance procedures are in place to keep the equipment in good condition. Matching. Level of Effort and Earmarking Source of Governing Requirements -The requirements for matching are contained inOMB UG 2 CFR 200.306, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for level of effort and earmarking are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The City defines "matching", "level of effort", and "earmarking" consistent with thedefinitions of the OMB UG Compliance Supplement: Matching or cost sharing includes requirements to provide contributions (usually non- federal) or a specified amount or percentage of match federal awards. Matching may bein the form of allowable costs incurred or in-kind contributions (including third-party in- kind contributions). Level of effort includes requirements for (a) a specified level of service to be providedfrom period to period, (b) a specified level of expenditures from non-federal or federalsources for specified activities to be maintained from period to period, and (c) federal funds to supplement and not supplant non-federal funding of services. Earmarking includes requirements that specify the minimum and/or maximum amount of percentage of the program's funding that must/may be used for specified activities, including 18 funds provided to sub-recipients. Earmarking may also be specified in relationto the types of participants covered. In order to ensure compliance with these requirements, the City has implemented thefollowing policies and procedures: 1. Compliance with matching, level of effort and earmarking requirements will bethe responsibility of the Finance Director. 2. Adequate documentation will be maintained to support compliance with matching, level of effort,and earmarking requirements. Such information will bemade available to city administration, auditors, and pass-through or grantor agencies, as requested. 3. Maintenance of effort for grants through the State Minnesota will be determinedat the State level. Period of Performance Source of Governing Requirements -The requirements for period of performance of federal funds are contained in OMB UG 2 CFR 200.308-309 & 344, program legislation,Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, the City has implemented thefollowing policies and procedures: 1. Costs will be charged to an award only if the obligation was incurred during thefunding period (unless pre-approved by the Federal awarding agency or pass-through grantor agency). 2. All obligations will be liquidated not later than 120 days after the end of thefunding period (or as specified by program legislation). 3. Compliance with period of performance requirements will initially be assigned tothe individual approving the allowability of the expense/payment.This will be subject to review and approval by the Finance Department as part of the payment processing. Procurement. Suspension and Debarment Source of Governing Requirements - The requirements for procurement are containedin OMB 19 UG and 2 CFR 180, program legislation, Federal awarding agency regulations and the terms and conditions of the award. The requirements for suspension and debarment are contained in OMB UG and 2 CFR 180, which implements Executive Orders 12549 and 12689, Debarment and Suspension; program legislation; Federalawarding agency regulations; and the terms and conditions of the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Purchasing and procurement related to federal grants will be subject to the general policies and procedures of the City(described in the section of this manual titled Purchasing and Procurement). 2. Contract files will document the significant history of the procurement, includingthe rationale for the method of procurement, selection of the contract type, contractor selection or rejection and the basis of contract price. 3. The Finance Director will be responsible for determining whether the City is entering into a transaction that may be subject to suspension or debarment procedures and executing appropriate oversight and control activities at that time. This verification is accomplished by checking the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA) and available at https://www.sam.gov/portal/public/SAM. This website contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority. A screen shot or print out of the results of your EPLS search need to be kept on file for at least one year following the purchase. Program Income Source of Governing Requirements -The requirements for program income are found in OMB UG 2 CFR 200.307, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Program income will include (but will not be limited to): income from fees for services 20 performed, the use or rental of real or personal property acquired withgrant funds, the sale of commodities or items fabricated under a grant agreement, and payments of principal and interest on loans made with grant funds. It will not include interest on grant funds unless otherwise provided in theFederal awarding agency regulations or terms and conditions of the award. 2. The City will allow program income to be used in one of three methods: a. Deducted from outlays b. Added to the project budget c. Used to meet matching requirements In the absence of specific guidance in the Federal awarding agency regulationsor the terms and conditions of the award, program income shall be deducted from program outlays. 3. Program income, when applicable, will be accounted for as a revenue source inthe same project code as the federal grant. Sub-recipient Monitoring The City will ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at the time of the subaward and, if anyof these data elements change, include the changes in subsequent subaward modification. Required information includes: 1. Federal Award Identification. a. Subrecipient name (which must match the name associated with its unique entity identifier); b. Subrecipient's unique entity identifier; c. Federal Award Identification Number (FAIN); d. Federal Award Date (see §200.39 Federal award date) to the recipient bythe Federal agency; e. Subaward Period of Performance Start and End Date; f. Amount of Federal Funds Obligated by this action by the pass-throughentity to the subrecipient; g. Total Amount of Federal Funds Obligated to the subrecipient by the pass- through entity including the current obligation; h. Total Amount of the Federal Award committed to the subrecipient by thepass- through entity; 21 i. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); j. Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Pass-through entity; k. Assistance Listing Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award andthe Assistance Listing Number at time of disbursement; I. Identification of whether the award is R&D; and m. Indirect cost rate for the Federal award (including if the de minimis rate ischarged per §200.414 Indirect (F&A) costs). The City will perform a written risk assessment of each subrecipient, evaluating their risk of noncompliance with Federal statutes, regulations, and the terms and conditionsof the subaward for purposes of determining the appropriate subrecipient monitoring described in 2 CFR 200.332. The City will monitor the activities of the subrecipient as necessary to ensure that thesubaward is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. The City will verify that every subrecipient is audited as required by OMB UG 2 CFR200 Subpart F when it is expected that the subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold. Special Tests and Provisions In order to ensure compliance with these requirements, the City has implemented thefollowing policies and procedures: 1. The Finance Director will be assigned the responsibility for identifying financial- related compliance requirements for special tests and provisions, determining approved methods for compliance, and retaining any necessary documentation.Program-related compliance requirements will be the responsibility of the department administering the grant. 22 • ITEM: 4.K. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Approve City Council Committee Assignments for 2022 Staff Contact: Department/ Division: Tom Lawell, City Administrator Administration Department ACTION REQUESTED: Council should consider a motion to approve the attached 2022 committee appointments and assignments matrix. SUMMARY: Towards the beginning of each year, the City Council typically reviews and updates their list of committee appointments and assignments for the year. In December 2021 Council was provided a draft committee appointment and assignment matrix for review. Based on input received, the matrix has been updated and is now ready for adoption. BACKGROUND: In addition to the regular duties associated with being a member of the City Council, members are often called upon to represent the City on a number of additional boards and committees. Once a year we summarize the various commitments and assignments and have that list adopted by the City Council. While many of the roles either come with being a member of the City Council or are voluntary, some organizations to which the City belongs require formal City Council appointment of representatives to those organizations. These include the Minnesota Valley Transit Authority, the Dakota Communications Center, the Dakota Broadband Board, the Municipal Legislative Commission and the Metropolitan Airports Commission Noise Oversight Committee. Approval of the attached list will serve as official appointment of representatives to these organizations. It is important that the City of Apple Valley be represented on various boards and committees that impact the financial health, public safety and quality of life in our community. We are fortunate that the Mayor and City Councilmembers are willing to devote countless hours serving on these committees to benefit our City. BUDGET IMPACT: N/A ATTACHMENTS: Exhibit Apple Valley City Council Summary of Committee Membership for 2022 Board Appointments Other Community Appointments Based on Voluntary State/Metro Member Approved by the City Committees/ Elected Official Status Public Policy Committees Council Organizations Clint Hooppaw, Economic Development Municipal Legislative Metro Cities Board of Apple Valley Chamber of Mayor Authority Commissioner Commission Board Directors Commerce Member Apple Valley Fire Relief Minnesota Valley Transit Suburban Transit Authority District 196 Foundation Association Board Authority Board Dakota County Mayors/ Dakota Communications Rotary Club of Apple Valley Administrators Center Board of Directors — Alternate Representative Regional Council of Mayors/ Urban Land Institute Board Appointments Other Community Appointments Based on Voluntary State/Metro Member Approved by the City Committees/ Elected Official Status Public Policy Committees Council Organizations John Bergman Economic Development ALF Ambulance Board Metropolitan Airports Apple Valley Chamber of Authority- Treasurer Commission Noise Commerce Member Oversight Committee- At- Large Representative for Apple Valley Dakota Communications Center Board of Directors — Primary Representative Tom Goodwin Acting Mayor (Mayor Pro Apple Valley Chamber of Tem) Commerce Member Economic Development Fort Snelling National Authority Commissioner Cemetery Honor Guard Apple Valley Legion Post 1776 Honor Guard Rotary Club of Apple Valley Board Appointments Other Community Appointments Based on Voluntary State/Metro Member Approved by the City Committees/ Elected Official Status Public Policy Committees Council Organizations Ruth Grendahl Economic Development Dakota Broadband Board- Apple Valley Chamber of Authority Commissioner Alternate Representative Commerce Member Tom Melander Economic Development Dakota Broadband Board- Apple Valley Chamber of Authority- President Primary Representative Commerce Member • ITEM: 4.L. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Appoint Statutory Members to Apple Valley Firefighters Relief Association (AVFRA) Board of Trustees for 2022 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Appoint Clint Hooppaw and Pamela Gackstetter as statutory members to the Apple Valley Firefighters Relief Association(AVFRA) Board of Trustees for the year 2022. SUMMARY: State law requires the City Council appoint two trustees to serve on the Board of the Apple Valley Firefighters Relief Association. In the past, the Mayor and the City Clerk have been appointed the statutory members. Clint Hooppaw and Pamela Gackstetter have indicated an interest in serving on the Board in 2022. The City Council is requested to appoint the AFVRA statutory members to the Board of Trustees for 2022. BACKGROUND: Article III, Board of Trustees, Sec. 2, of the Apple Valley Firefighters Relief Association Bylaws requires the City Council annually designate one elected municipal official and one elected or appointed municipal official to the Firefighters Relief Association Board of Trustees. BUDGET IMPACT: N/A • ITEM: 4.M. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Authorizing City Clerk to Appoint Deputy City Clerks for 2022 Election Administration Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Adopt the resolution authorizing the City Clerk to appoint Deputy City Clerks for 2022 election administration. SUMMARY: In accordance with state law, an eligible voter may vote by absentee ballot in the office of the County Auditor and at any other polling place designated by the County Auditor. Apple Valley is designated as an absentee voting location and as a polling site for the acceptance, rejection, and counting of absentee ballots. Residents voting by absentee ballot at the Municipal Center must have their absentee ballot return envelope witnessed by a person who is registered to vote in Minnesota or by a notary public or other individual authorized to administer oaths. The Secretary of State's Office recommends City staff who are responsible to assist voters by witnessing ballot return envelopes be appointed as Deputy City Clerks for the administration of elections so they may complete the witness statement as an election official. In addition, Minnesota Statute requires the Absentee Ballot Board, which accepts, rejects, and counts absentee ballots, to be made up of election judges or Deputy City Clerks trained in the handling of absentee ballots. The attached resolution would authorize the City Clerk to appoint those staff members who assist with the absentee voting processes as Deputy City Clerks for 2022 election administration. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2022- A RESOLUTION AUTHORIZING CITY CLERK TO APPOINT DEPUTY CITY CLERKS FOR 2022 ELECTION ADMINISTRATION WHEREAS, Minnesota Statutes Section 412.151 provides as follows: "With the consent of the council, the clerk may appoint a deputy for whose acts the clerk shall be responsible and whom the clerk may remove at pleasure"; and WHEREAS, the City Clerk deems it necessary to appoint one or more Deputy City Clerks, in 2022, to assist with the City Clerk's duties, including, without limitation, administration of absentee voting for the City of Apple Valley. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City Clerk is authorized to appoint Deputy City Clerks to discharge any of the duties of the City Clerk as specified in such appointment, and to remove such appointment at the pleasure of the City Clerk. ADOPTED this 13th day of January, 2022. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ITEM: 4.N. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Setting Public Hearing at 7:00 p.m. on February 10, 2022, for Vacation of Gardenia Avenue and 151st Street W. Right-of-Way Staff Contact: Department/ Division: Kathy Bodmer,AICP, Planner Community Development Department Applicant: Apple Ford Lincoln Apple Valley and Apple Auto Project Number: Properties/Gulbrandson Real Estate PC21-35-BG Applicant Date: 12/21/2021 60 Days: 2/19/2022 120 Days: 4/20/2022 ACTION REQUESTED: Adopt the resolution setting a public hearing at 7:00 p.m. on February 10, 2022, for the vacation of Gardenia Avenue and 151st Street W. right-of-way abutting 7125 151st Street W. SUMMARY: Apple Ford Lincoln Apple Valley, petitioner, and Apple Autos Properties/Gulbrandson Real Estate, owner, request consideration of vacation of right-of-way of Gardenia Avenue and 151st Street W. abutting the property located at 7125 151st Street W. Apple Ford Lincoln requests the vacation to create a connected campus between the main Ford dealership, located at 7200 150th Street W. and the Lincoln dealership, to be constructed on the 7125 151st Street W. property. Apple Valley Ford Lincoln proposes to remove an access to 150th Street W. (County Road 42) by vacating Gardenia Ave. In order to vacate rights-of-way and easements, the City must determine that there is no longer a public purpose for the subject public grounds. The petitioners submitted plans for site plan review/building permit authorization to redevelop the Apple Valley Collision property at 7125 151st Street W. for a new Lincoln dealership. The plans show that the five existing multiple tenant buildings on the site would be removed and that a 20,800 sq. ft. Lincoln dealership building would be constructed. Staff is expected to recommend conducting the public hearing, but taking no action until the Lincoln dealership redevelopment plans are reviewed and approved. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Resolution Location Map Site Plan CITY OF APPLE VALLEY RESOLUTION NO. 2022 - A RESOLUTION SETTING A PUBLIC HEARING ON PROPOSED VACATION OF PUBLIC GROUNDS BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota,that the City Clerk be,and hereby is,directed to schedule the public hearing specified in the notice attached hereto as Exhibit A and is further directed to cause said notice to be published for two weeks in the Dakota County Tribune. The City Clerk is further directed to post copies of Exhibit A, pursuant to Minnesota Statutes Chapter 412.851, at least two weeks prior to the scheduled date of said hearing. ADOPTED this 13th day of January, 2022. Clint Hooppaw,Mayor ATTEST: Pamela J. Gackstetter, City Clerk NOTICE OF HEARING ON PROCEEDINGS FOR VACATION OF PUBLIC GROUNDS IN THE CITY OF APPLE VALLEY TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley, Dakota County, Minnesota, will meet at the Municipal Center, 7100 147th Street West, at 7:00 p.m., or as soon thereafter as possible, on Thursday, February 10, 2022, to consider the matter of vacation of the following described public grounds in the City of Apple Valley,pursuant to Minnesota Statutes 412.851: STREET RIGHT OF WAY VACATION DESCRIPTION (APPLE VALLEY FORD ADDITION) Vacation of all the existing right of way of Gardenia Avenue as platted and depicted per SOUTHPORT FOURTH ADDITION, lying south of the southerly right of way line of County State Aid Highway No. 42 and lying easterly of and adjacent to the east line of Lot 1, Block 1, and OUTLOT A, APPLE VALLEY FORD ADDITION, all according to the record plats thereof, Dakota County, Minnesota. STREET RIGHT OF WAY VACATION DESCRIPTION (SOUTHPORT FOURTH ADDITION) Vacation of that part of the existing right of way of 151St Street West lying southerly of the south line of Lot 1, Block 1 as platted and depicted per SOUTHPORT FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota and described per Document 75211 which lies westerly of a circular line having a radius of 66.50 feet concave to the southeast drawn from a point on the south line of said Lot 1, Block 1 distant 190.56 feet east from the southwest corner thereof to a point on the south line of said 151St Street distant 126.06 feet east from the southwest corner of said 151St Street as platted and depicted per said plat. Such persons as desire to be heard with reference to the proposal will be heard at this meeting. DATED this 13th day of January, 2022. Pamela J. Gackstetter, City Clerk EXHIBIT A LECENH PE E. L 4P - SOLE,'=b Fl ® @ i # O.0 _. yr..r ® e nx xu1xm ii �� �:- or- ;51�1 0 57 ioi I 1 I I "- DENOTES RIGHT OF WAY TO BE VACATED ffi m c� rr�E u LOT 1 1 - �, nr - r.J, 4"I - Y y v STREET RIGHT OF WAY VACATION DESCRIPTION p n Lill' .I 1 _ {APPLE VALLEY FORD ADDITION) �" =' 'p - ^.v VOCatiOn of all theexist ng right of way of Gardenia Avenue di platted and depicted per SOUTHPORT 7 �� •:� •• '� FOURTH ADDITION,lying south of the southerly right of way line of County State Aid Highway No.42 • a" xlr and lying easterly Of and adjacent to the east II ne of Lot 1,Plod,1,and OUTLOT A,APPLE VALLEY `a i - FORD ADDITION,all according to the record plats thereof,Dakota County,Minnesota. '`�j H � I' " 1 ., C� Jt41. • i (SOUTHPORT FOURTH ADDITION) - - C` -,�e 4 x--, �. Vacation of that part of the existing right of way of 151St Street West lying southerly of the south o I ,': ,m `� 1 ) line of Lot 1 Block 1 a5 platted and depicted per SOUTHPORT FOURTH ADDITION,according to the a.: rr�, r..- '' 'r' 1-I r r recorded plat thereof,Dakota County,Minnesota and described per Document 75211 which lies I I - o -- 0 � .. d � westerly of a circular line having a radios of 66S0feet concave to the 5oU[hea5[drawn from a point v R_r it 689,74 w M1,s on the south line of said Lot 1,Block 1 distant 196.56 feet east from the southwest corner thereof to -"'--'r "" ""'" 1 I 1 f" "� 1 -11 a point on the south line of said 151St Street distant 126.06 feet east from the southwest corner of said 151St Street as platted and depicted per said plat. ctlt lAG Ca.LANs, l. "r Res- Er.REo KIMLEY HORN s �� .r: x. ROSE ruNNENs a uNo suR E cos ky rR PAR o. 1 PI ENGINEERING °ua,lser srE°° DATE RIGHT OF WAY VACATION COMPANY, INC. L o!� o, ION 1._ IOW EAST 146t11 STREET.BURNSOILLE,MINNESOTA 55337 PH(952)432-3000 �amnc= 1 I "A° APPIP VALI MINNES,.a 1 Right-of-Way Description - , i;i---- _ ��.- 150TH ST W — S III— .. — - 150THSTW- - - - nii m • � � � I y . :�. • •7 . iv J/ f l --� Vacation Requested :% ,, _ ' 4 .4 -7, 7,2 0, ...adorn . 3 "� i. . im ►7 �i .-14103760 I:- �. a.., i,� a. � . tr W id•. s Ss rC ♦ l • ¢ • •z= a ., a, a•.,"9 99.99 1 �., =. ,.....„ .. ... . .. ..0 „ w / f r: ... 1 _ .j .L ro - I 152NDSTW . 200 100 0 200 Feet APPLE AUTO LINCOLN Apple i Valley LI F G ' VACATION •-• �' r r a N _ s LA r '* , I '4_ •�• W � E ! g1 � � LOCATION MAP 4s!- - ; � ` D • L • A 150th . STREET (Co. Rd. 42) Darwin Lindahl Architects, P.A. 4124 Quebec Ave. North, Suite 106 Transmission . .-- Tower 7 Minneapolis, Minnesota 55427 0 — — — — — — Ph:763.560.0448 Fax:763.560.0441 �� — — — — ---�-Q ! _\_. email: lindahlarch@gmail.com _ _ — 7 7 © , . P RKING SETBACK N THIS DRAWING AND THE INFORMATION THEREIN IS THE PROPERTY OF DARWIN LINDAHL ARCHITECTS, P.A. ITS o USE BY THE HOLDER OR DISCLOSURE TO OTHERS `r' WITHOUT THE WRITTEN PERMISSION OF DARWIN o _ 36 LINDAHL ARCHITECTS, P.A. IS PROHIBITED. IT I I o BLDG.SETBACK q I CONTAINS PROPRIETARY AND CONFIDENTIAL NEW PYLON SIGN y INFORMATION OF DARWIN LINDAHL ARCHITECTS, P.A. 1 r DIRECTIONAL SIGN o REPRODUCTION OF THE MATERIAL HEREIN WITHOUT o I WRITTEN PERMISSION OF DARWIN LINDAHL (C ) ) (C nA. 15� ARCHITECTS,P.A.VIOLATES THE COPYWRITE LAWS OF y 11 THE UNITED STATES AND WILL SUBJECT THE ,1 E V - \ \ VIOLATORS TO LEGAL PROSECUTION. ARGING o 26 B� COPYRIGHT©2018 BY DARWIN LINDAHL ARCHITECTS,P.A. Q STATIONS I Q ® L NCOLN • ' Q Ig OHM" _ II 11 IF I cc, ci-11 I I Project # : 2020-11 "wu!' co W itm I_ _I - m Li Y iro L W iY LIU _ cc, Q U L� N N in v ` ' o ♦ C Z a W 17o769 SQ. FT. p /20, , Z / 11 Q o I 4 I li_ 0 mu 20 3 TRASH �O^ v J 16 cilik r7117: LI , N_ �. 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PRINTED FOR: REVIEW Q DATE: 9124/2021 nnn; \ QI /� ______:___.__________________________1- / ,mmmmmm Z iI Drawing: o 0 W o • j SITE PLAN --, 1 < , ,.-,)0 1 \ 1 U CB CB GB CB A H ❑ MH ❑ IJ N M �� \ \ \ \ \ \ \ I Sheet No: ¢ 0 c:i 0 25' 50' 100' co ai N NORTH A050co SITE PLAN N 1 = 5 - rn • ITEM: 4.0. ..... ••• Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Approving Amendments to Municipal Legislative Commission Joint and Cooperative Agreement Staff Contact: Department/ Division: Tom Lawell, City Administrator Administration Department ACTION REQUESTED: Adopt the resolution approving amendments to Municipal Legislative Commission Joint and Cooperative Agreement. SUMMARY: The City is a member of the Municipal Legislative Commission (MLC), a group of 19 Twin Cities area suburban communities with common characteristics who collaborate on legislative policy advocacy issues at the state capitol. The MLC operates pursuant to a Joint and Cooperative Agreement (JCA). The members recently reviewed the JCA and found that changes were needed to reflect the current practices and needs of its members. The MLC Board of Directors has approved certain amendments to the JCA and has submitted a proposed form of the amended and restated JCA to the members for approval. Amendments to the JCA require unanimous written approval of the governing city councils of all member cities. BACKGROUND: The following is a summary of the proposed substantive amendments to the JCA: • Provisions regarding Board meetings, financial information, officers and committees are moved to the Bylaws. (The Bylaws can be amended by a 2/3 vote of the Board of Directors and do not need to be approved by all Members.) • The concept of Associate Members has been eliminated. • Additional Members can be admitted by majority vote of the Board of Directors rather than majority vote of the Members. • The requirement of annual audits is eliminated. (The Bylaws will require audits at least every other year.) • The requirement of an annual meeting of Members is eliminated. • Email communication is added as an option in giving formal notices. • The authority of the Operating Committee is limited to making recommendations to the Board of Directors. The Operating Committee will not have authority to make binding decisions for the MLC unless granted that authority by specific Board resolution. • Any Member who chooses to withdraw from the MLC is obligated to pay dues for the year of withdrawal unless notice of withdrawal is given to the MLC Chair and Executive Director at least 105 days prior to the first day of the next calendar year. • Upon dissolution and liquidation of the MLC, the remaining assets will be distributed to the Members in proportion to their respective dues paid in the most recent full calendar year. A copy of the proposed amended JCA is attached to the resolution of approval. BUDGET IMPACT: N/A ATTACHMENTS: Resolution Agreement CITY OF APPLE VALLEY RESOLUTION NO. 2022- RESOLUTION APPROVING AMENDMENTS TO THE JOINT AND COOPERATIVE AGREEMENT OF THE MUNICIPAL LEGISLATIVE COMMISSION WHEREAS, the City of Apple Valley is a member of the Municipal Legislative Commission (MLC) and has received a copy of the proposed amended and restated Joint and Cooperative Agreement of the MLC, and WHEREAS, the MLC Board of Directors has adopted and is recommending approval of the amended and restated Joint and Cooperative Agreement by each of its member cities, and WHEREAS, the City of Apple Valley desires to continue its membership in the MLC. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the amended and restated MLC Joint and Cooperative Agreement attached as Exhibit A is hereby approved. ADOPTED this 13th day of January, 2022. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Adopted February , 1984 Amended July 19, 1995 Amended July 27, 2000 Amended and Restated , 2021 JOINT AND COOPERATIVE AGREEMENT PRELIMINARY STATEMENT The parties to this Agreement are governmental units of the State of Minnesota. Minnesota Statutes Section 471.59 permits two or more sub-units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory authorization,the parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of legislative programs on matters of mutual concern and interests. ARTICLE 1. GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities (the "Members") to jointly and cooperatively develop legislative programs on matters of mutual concern and interest, and to identify, review, and actively oppose proposals which may be in conflict with the interests of the Members. The organization formed pursuant to this Agreement will be funded by Members' contributions, as herein specified, with contributions being used for the retention of professional assistance,information preparation and dissemination,research,and other activities that may from time to time be authorized by the governing body of the organization. ARTICLE 2. NAME The Members hereto agree to establish an organization to be known as the Municipal Legislative Commission(the "Commission")to carry out the objectives of this Agreement. ARTICLE 3. DEFINITION OF TERMS For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. 3.1) "Agreement" means this Joint and Cooperative Agreement, as amended from time to time and as joined by additional Members in the manner provided in Article 4 of this Agreement. 1 3.2) "Board" or"Board of Directors"means the governing body of the Commission. 3.3) "Bylaws"means the bylaws of the Commission adopted by the Board of Directors, as amended from time to time. 3.4) "Commission"means the organization created pursuant to this Agreement. 3.5) "Council"means the governing body of a Member. 3.6) "Directors" means the persons appointed pursuant to this Agreement to serve on the Board of Directors. 3.7) "Operating Committee"means the committee established pursuant to Article 9 of this Agreement. 3.8) "Member"means a municipality which has entered into this Agreement. ARTICLE 4. ADDITIONAL MEMBERS Following the effective date of this Agreement, any Minnesota municipality that is not then a Member may become an additional Member upon approval by a majority vote of all Directors. A municipality that has been approved to become an additional Member shall enter into this Agreement by duly executing a counterpart copy of this Agreement. The additional Member shall file the signed counterpart copy of this Agreement, together with a certified copy of the authorizing resolution of the additional Member's Council,with the Commission's Chair and Executive Director. ARTICLE 5. EFFECTIVE DATE The original effective date of this Agreement was February , 1984. It was most recently amended and restated effective as of , 2021. ARTICLE 6. POWERS AND DUTIES OF THE COMMISSION 6.1) The powers and duties of the Commission shall include the powers set forth in this article. 6.2) The Commission may establish legislative programs embodying proposed legislation and positions on proposed legislation. 6.3) The Commission may take such action as it deems necessary and appropriate to accomplish the general purpose of the Commission. 2 6.4) The Commission may consult with persons knowledgeable in the legislative process and persons having a special interest therein, such as legislators, research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organizations, technical experts, and any other persons who can provide pertinent information concerning legislation of interest to the Commission. 6.5) The Commission may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest,and may employ counsel for that purpose. 6.6) The Commission may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of any metropolitan, state, federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all Members. 6.7) The Commission may enter into any contracts deemed necessary by the Board to carry out the Commission's powers and duties, subject to the provisions of this Agreement. 6.8) The Commission may contract with any of the Members or others to provide space, services, or materials on its behalf. Any contracts let or purchases made shall conform to the requirements applicable to Minnesota statutory cities. 6.9) The Commission may accept gifts, apply for use grants,enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 6.10) The Commission may exercise any other powers necessary or incidental to the implementation of its powers and duties. ARTICLE 7. BOARD OF DIRECTORS 7.1) The governing body of the Commission is its Board of Directors. Each Member is entitled to appoint two(2)Directors. The Council of each Member shall appoint its two Directors, one of whom shall be the Member's City Manager or Administrator (the Member's"appointed Director")and the other of whom shall be the Mayor or another elected official from the Council of the Member (the Member's "elected Director"). Each Member is entitled to one vote on each matter to come before the Board, to be cast by the Member's elected Director or, in his or her absence, by the Member's appointed Director or by a proxy designated under Section 7.2 below. Directors shall serve without compensation from the Commission,but this shall not prevent a Member from compensating one or both of its Directors for service on the Board, if such compensation is authorized by the Member and is not prohibited by law. 7.2) Proxy voting by Directors shall be permitted. A proxy must be designated in writing by a Member's elected Director or,in the elected Director's absence,by the Member's 3 appointed Director. Any individual designated as a proxy must be present at the meeting to vote. 7.3) Each Director shall serve until that Director's successor is appointed and assumes his or her responsibilities. Directors shall serve at the pleasure of the Member appointing them. When the Council of a Member appoints a Director, it shall give notice of such appointment in writing or by e-mail to both the Commission's Chair and the Commission's Executive Director. Such notice shall include the mailing address and e-mail address of the Director so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings of the Board. 7.4) A majority of the Members represented by at least one(1)Director or proxy entitled to vote shall constitute a quorum for conducting business at a meeting of the Board. 7.5) A vacancy on the Board shall be filled by the Council of the Member whose position on the Board is vacant. During the time that one or more vacancies exist, the Board shall continue to have full power and authority to conduct business and a majority of the Members represented by at least one (1) Director or proxy entitled to vote shall be sufficient to constitute a quorum. 7.6) The Board of Directors may delegate its authority to the Operating Committee between meetings of the Board. Such delegation of authority shall be by resolution of the Board or as provided in the Bylaws and may be conditioned in such manner as the Board may determine. 7.7) Meetings and proceedings of the Board shall be conducted as set forth in the Bylaws. ARTICLE 8. BYLAWS The Board shall adopt Bylaws governing the meetings and proceedings of the Board, the officers of the Commission, committees, financial matters, and any other matters concerning the Commission that are not inconsistent with the provisions of this Agreement. Bylaws may be amended from time to time by the vote of at least two-thirds (2/3) of all Directors or their authorized proxies. ARTICLE 9. OPERATING COMMITTEE The Operating Committee of the Commission shall consist of the appointed Directors of the Members. The Operating Committee shall make recommendations to the Board regarding the property, operations, affairs and business of the Commission. Except as provided in the Bylaws or by Board resolution, the Operating Committee shall not have the authority of the Board. The Operating Committee shall be subject at all times to the control and direction of the Board. ARTICLE 10. 4 WITHDRAWAL 10.1) Withdrawal—Any Member may withdraw from the Commission effective on January 1 of any year by giving notice pursuant to Section 10.2 below prior to September 15 of the preceding year. 10.2) Notice — In order to effectuate a withdrawal, a Member withdrawing from the Commission shall give notice in writing or by e-mail to both the Commission's Chair and the Commission's Executive Director. Such notice shall include a copy of a resolution of the withdrawing Member's Council stating its decision to withdraw from the Commission. Upon receipt of such notice and resolution, the Chair of the Commission shall forward a copy of the notice and resolution to each Director. Any notice of withdrawal not actually received by the Chair at least 105 days prior to the first day of any calendar year shall be effective on January 1 of the subsequent calendar year unless the notice deadline is waived by a resolution of the Board. 10.3 Financial Effect of Withdrawal—A Member who withdraws effective as of January 1 of a calendar year shall not be obligated to pay dues to the Commission for such calendar year. A withdrawing Member shall not be entitled to any payment or financial benefit from the Commission and shall not be entitled to any refund or reimbursement for any dues or other contribution made by the withdrawing Member. ARTICLE 11. DISSOLUTION 11.1) Duration of Commission — The Commission shall be dissolved if less than four (4) Members remain,or by operation of state or federal law or regulation,now or hereafter enacted, or by mutual signed agreement of all remaining Members. 11.2) Distribution of Assets—Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Members that are Members of the Commission at the time of dissolution,in proportion to their respective dues paid in the most recent full calendar year, and in accordance with procedures established by the Board of Directors. The Commission shall continue to exist after dissolution for such period,no longer than six(6)months, as is necessary to wind up the Commission's affairs,but for no other purposes. ARTICLE 12. AMENDMENTS This Agreement may be amended only by the unanimous written approval of the Councils of all Members. 5 IN WITNESS WHEREOF, the municipality of has joined in and caused a counterpart of this Agreement to be signed on its behalf this day of , 2021. By: Its: Mayor By: Its: City Manager MK MPLS\4495\38\2376189.v4-11/3/21 6 • ITEM: 4.P. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Approve Amendment No. 1 to Professional Services Agreement with CNH Architects, Inc., for Apple Valley Fire Station#2 Replacement& Station #1 and #3 Health & Safety Improvements Staff Contact: Department/ Division: Chuck Russell, Fire Chief Fire Department ACTION REQUESTED: Approve Amendment No. 1 to Professional Services Agreement with CNH Architects, Inc., for Apple Valley Fire Station #2 Replacement & Station #1 and #3 Health and Safety Improvements. SUMMARY: In June of 2021, City staff solicited quotations for schematic design architectural services for improvements on Fire Stations 1, 2, and 3. CNH Architects, Inc., was deemed the preferred firm to assist the City in replacing Fire Station 2 along with health and safety modifications to Fire Stations 1 and 3. They have ample experience with our facilities, have demonstrated expertise in fire station design, are well-qualified and are conveniently located to serve our needs. A standard AIA Owner-Architect Agreement was utilized for the schematic design phase of this project. An amendment to that agreement was drafted by the city attorney's office and agreed to by CNH Architects for phase 2 of the project. The amendment was needed because some duties were re-assigned when we added a construction management firm to the project to assist with cost evaluation, bidding and project management. BACKGROUND: N/A BUDGET IMPACT: Estimated at 4.85% of the total hard construction cost, plus reimbursable expenses. ATTACHMENTS: Agreement 7‘-e.,,_sAIA Document G802' - 2017 Amendment to the Professional Services Agreement PROJECT: (name and address) AGREEMENT INFORMATION: AMENDMENT INFORMATION: Apple Valley Fire Station#2 Date:September 9,2021 Amendment Number: 1 Replacement&Station#1 and#3 Health &Safety Improvements Date:December 7,2021 OWNER:(name and address) ARCHITECT:(name and address) City of Apple Valley CNH Architects 7100 1476 Street W 7300 1477'F'Street W Apple Valley,MN 55124 Apple Valley,MN 55124 The Owner and Architect amend the Agreement as follows: At§ 1.1.9.2,insert:Construction Manager(to be determined) After§ 1.3,insert: § 1.3.1 Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model shall be at the using or relying parry's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model, and each of their agents and employees. § 1.4 The term"Contractors"refers to persons or entities who perform Work under contract s v it h the Owner that are administered by the Architect and Construction Manager.The term"Contractors'.is used to refer to such persons or entities, whether singular or plural.The term does not include the Owner's own forces,or Separate Contractors,which are persons or entities who perform construction under separate contracts with the Owner not administered by the Architect and Construction Manager. After § 2.2,insert: §2.2.1 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C132TM-2019,Standard Form of Agreement Between Owner and Construction Manager as Adviser,as modified by Owner.The Architect shall not be responsible for actions taken by the Construction Manager. Delete §3.1.2 through § 3.1.6 and replace with: §3.1.2 The Architect shall coordinate its services with those services provided by the Owner,the Construction Manager,and the Owner's other consultants. The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy, completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's other consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency,in such services or information. §3.1.3 The Architect shall submit for the Construction Manager's review and the Owner's approval,a general schedule for the performance of the Architect's services.The Architect shall update its schedule to include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.This updated schedule shall include allowances for periods of time required for the Owner's review, for the Construction Manager's review,for the performance of the Owner's consultants,and for approval of submissions by authorities having j Ltd sdiclion over the Project.Once approved by the Owner,time limits established by the updated schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. §3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. AIA Document G802'—2017.Copyright©2000,2007 and 2017 by The American Institute of Architects.All rights reserved.The'American Institute of Architects,"AIA,"the AIA Logo,and"AIA Contact Doan-ants' a•e mg:Eta ad t•adeTar<s a^d nay^ot on used wit^o.it permission.This document was produced by AIA software al09:48:07 ET on 12:07:2021 under Order No.1213503534 wlr cli uxo'es un 02:08.`2022: s nut for'usale,is lice-bed for one-time use only,and may only be used in accordance with the AIA Contract Documenls®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (3B9ADA49) §3.1.5 The Architect shall not be responsible for an Owner's or Construction Manager's directive or substitution,or for the Owner's acceptance of non-conforming Work,made or given without the Architect's written approval. §3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. §3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. After§ 3.2.7,insert: §3.2.7.1 The Architect shall present its preliminary evaluation and discuss alternative approaches with the Construction Manager. The Architect shall provide the Schematic Design Documents to the Construction Manager for review and comment. Upon receipt of the Construction Manager's comments,the Architect.in consultation with the Construciton Manager.shall make appropriate recommendations to the Owner to adjust the Project's size,qulity or budget for the Cost of Work if the Construction Manager's estimate or Architect's estimate of the Cost of Work exceeds the Owner's budget for the Project. At§3.3.2 insert the following after the first sentence:Prior to submitting the Design Development Phase to the Owner for approval,the Architect shall submit the Design Development Documents to the Construction Manager and meet with the Construction Manager to review the Design Development Documents. Delete §3.3.3 and replace with: §3.3.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development P}t se.the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design De.elopruent Documents. Delete §3.4.4 and§ 3.4.5 and replace with: §3.4.4 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Construction Documents. §3.4.5 Upon receipt of the Construction Manager's information and an estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. Delete§ 3.5.2.2 and replace with: §3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda;and .4 organizing and conducting the opening of bids,and subsequently documenting and distributing the bidding results,as directed by the Owner. After§ 3.5.3.3,insert: §3.5.3.3.1 The Architect shall consult with the Construction Manager prior to issuing any addenda. Delete§ 3.6.1.1 and § 3.6.1.2 and replace with: §3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232TM-2019,General Conditions of the Contract for Construction,Construction Manager as Adviser Edition,as modified by the Owner. AIA Document G802'—2017.Copyright©2000,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects" 'AIA, ire AIA Logo,and"AIA Contract Documents'a•e•eg'sterud trader arts d'd r•ray not be uscc'.„it-opt pernissiu••.This document was 2 produced by AIA software at 09:48:07 ET on 12/07/2021 under Order No.1213503534 Mr cli uxp res on 02;08'2022 s nut for rasa u is icc••sud for o•te-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright a.nrg. User Notes: (3B9ADA49) §3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques.sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Contractors' failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for acts or omissions of the Construction Manager,or acts or omissions of the Contractors or of any other persons or entities performing portions of the Work. Delete§ 3.6.2.1 through§ 3.6.2.3 and replace with: §3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction.or as otherwise required in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed, will be in accordance with the Contract Documents. However,the.Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits.the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner and the Construction Manager(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. §3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection.Whenever the Architect considers it necessary or advisable,the Architect,upon written authorization from the Owner and notification to the Construction Manager,shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractors, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. §3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of the Construction Manager,Owner,or Contractors through the Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. Delete§ 3.6.2.5 and replace with: §3.6.2.5 Unless the Owner and Contractors designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A232-2019,the Architect,with the assistance of the Construction Manager,shall render initial decisions on Claims between the Owner and Contractors as provided in the Contract Documents. Delete§ 3.6.3.1 through§ 3.6.3.3 and replace with: §3.6.3.1 Not more frequently than monthly,the Architect shall review and certify an application for payment.Within seven days after the Architect receives an application for payment forwarded from the Construction Manager,the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work,the Architect shall review the Contractor's Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there is more than one Contractor responsible for performing different portions of the Project,the Architect shall review the Project Application and Project Certificate for Payment,with the Summary of Contractors' Applications for Payment,that the Construction Manager has previously prepared,reviewed,and certified.The Architect shall certify the total amount due all Contractors collectively and shall issue a Project Certificate for Payment in the total of such amounts. §3.6.3.2 The Architect's certification for payment shall constitute a representation to the Owner,based on(1)the Architect's evaluation of the Work as provided in Section 3.6.2,(2)the data comprising the Contractor's Application for Payment or the data comprising the Project Application for Payment,and(3)the recommendation of the Construction Manager,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Contractors are entitled to payment in the amount certified. The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon AIA Document G802'—2017.Copyright©2000,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects""AIA, ire AIA Logo,and"AIA Contract Documents'a•e•eg'stcrud trader arts a••d r•ray not be uscc'.„it-opt perr•rissiu••.This document was 3 produced by AIA software at 09:48:07 ET on 12/07/2021 under Order No.1213503534 Mr cli uxp res on 02;08'2022 s nut for rasa u is icc••sud for o•te-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@a a.nrg. User Notes: (3B9ADA49) Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. §3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor's right to payment,or(4) ascertained how or for what purpose that Contractor has used money previously paid on account of the Contract Sum. §3.6.3.4 The Architect shall maintain a record of the Applications and Certificates for Payment. Delete§ 3.6.4.1 through§ 3.6.4.2 and replace with: §3.6.4.1 The Architect shall review the Construction Manager's Project submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals transmitted by the Construction Manager shall be taken in accordance with the approved submittal schedule or.in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time,in the Architect's professional jtuigment.to permit adequate review. §3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Contractors'submittals such as Shop Drawings,Product Data and Samples,that the Construction Manager has reviewed,recommended for approval,and transmitted to the Architect.The Architect's review of the submittals shall only be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and installation or performance of equipment or systems,which are the Contractors'responsibilities.The Architect's review shall not constitute approval of safety precautions or construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. Delete§ 3.6.4.4 and§3.6.4.5 and replace with: §3.6.4.4 After receipt of the Construction Manager's recommendations,and subject to the provisions of Section 4.2.the Architect shall review and respond to requests for information about the Contract Documents.The Architect,in consultation with the Construction Manager,shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness. If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. §3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. Delete§ 3.6.5.1 through§ 3.6.5.3 and replace with: §3.6.5.1 The Architect shall review and sign,or take other appropriate action,on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents. §3.6.5.2 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order issued by the Architect through the Construction Manager. §3.6.5.3 The Architect shall maintain records relative to changes in the Work. Delete§ 3.6.6.1 through§ 3.6.6.5 and replace with: §3.6.6.1 The Architect,assisted by the Construction Manager,shall: .1 conduct inspections to determine the date of Substantial Completion and the date of final completion; .2 issue a Certificate of Substantial Completion prepared by the Construction Manager; .3 review written warranties and related documents required by the Contract Documents and received from the Contractors,through the Construction Manager;and .4 after receipt of a final Contractor's Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager,issue a final Certificate for Payment based upon a final AIA Document G802'—2017.Copyright©2000,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects" 'AIA, ine AIA Logo,and"AIA Contract Documents'a•c•cg'ste•ud trader arcs d'd gray not be uscc'.„it-opt purrrissiu••.This document was 4 produced by AIA software at 09:48:07 ET on 12/07/2021 under Order No.1213503534 wli ch uxp res on 02;08'2022 s nut for rasa u is icc••sud for o•te-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@a a.nrg. User Notes: (3B9ADA49) inspection indicating that,to the best of the Architect's knowledge.information.and belief,the Work complies with the requirements of the Contract Documents. §3.6.6.2 The Architect's inspections shall be conducted with the Owner and Construction Manager to(1)check conformance of the Work with the requirements of the Contract Documents and(2)verify the accuracy and completeness of the lists submitted by the Construction Manager and Contractors of Work to be completed or corrected. §3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid each of the Contractors,including the amount to be retained from the Contract Sum,if any, for fmal completion or correction of the Work. §3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractors,through the Construction Manager: (1)consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2)affidavits,receipts.releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3) any other documentation required of the Contractors under the Contract Documents. §3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner and Construction Manager to review the facility operations and performance. Delete§4.1.3 and replace with: §4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Architect shall provide,as a Supplemental Service,the Sustainability Services required in AIA Document E235TM-2019,Sustainable Projects Exhibit,Construction Manager as Adviser Edition,attached to this Agreement.The Owner shall compensate the Architect as provided in Section 11.2. Delete§4.2.1.7 After§ 5.1,insert: § 5.1.1 The Owner shall retain a Construction Manager to provide services,duties and responsibilities as described in AIA Document C 132-2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser,as modified by Owner. Delete§ 5.7 and replace with: § 5.7 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E235TM-2019,Sustainable Projects Exhibit,Construction Manager as Adviser Edition,attached to this Agreement. f1P1PtP§ 5 17 anrd Tgpine With• §5.12 The Owner shall communicate with the Contractors and the Construction Manager's consultants through the Construction Manager about matters arising out of or relating to the Contract Documents.The Owner and Construction Manager shall include the Architect in all communications that relate to or affect the Architect's services.Communications by and with the Architect's consultants shall be through the Architect. Delete§ 5.14 and replace with: §5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractors to provide the Architect access to the Work wherever it is in preparation or progress. Delete§ 6.1 through§ 6.3 and replace with; §6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors'general conditions costs,overhead and profit. The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated to.or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect,the Construction Manager,or other consultants;the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. AIA Document G802'—2017.Copyright©2000,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects""AIA, ine AIA Logo,and"AIA Contract Documents'a•c eg'sterut trader arts a••d r•ray not be uscc'.„it-opt purr•rissiu••.This document was 5 produced by AIA software at 09:48:07 ET on 12/07/2021 under Order No.1213503534 Mr cli cxp res on 02;08'2022 s nut for rasa u is iuc••scd for o•te-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright a.nrg. User Notes: (3B9ADA49) §6.2 The Owner's budget for the Cost of the Work is provided in Initial Information,and shall be adjusted throughout the Project as required under Sections 5.2.6.4 and 6.5.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. §6.3 The Architect shall review the Construction Manager's estimates of the Cost of Work and report to the Owner any material inaccuracies and inconsistencies noted during any such review. §6.3.1 If a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work together to reconcile the cost estimates. Delete§ 6.5 and replace with: §6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work or the Construction Manager's estimate of the Cost of the Work,the Architect,in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size,quality,or budget for the Cost of the Work. Delete§ 8.1.2 and replace with: § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such lights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2019,General Conditions of the Contract for Construction,as modified by Owner.The Owner or the Architect,as appropriate,shall require of the Construction Manager, contractors,consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. Delete§ 10.2 and replace with: § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2019,General Conditions of the Contract for Construction,Construction Manager as Adviser Edition,as modified by Owner,except for purposes of this Agreement,the term"Work"shall include the work of all Contractors under the administration of the Architect and Construction Manager. The Architect's compensation and schedule shall be adjusted as follows: Compensation Adjustment: N/A Schedule Adjustment: N/A SIGNATURES: CNH Architects City of Apple Valley ARCH TECT(Firm name) OWNER(Firm name) SI ATURE SIGNATURE SIGNATURE Quinn Hutson, Principal/President Clint Hooppaw.Mayor Pamela J.Gackstetter,City Clerk PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE DATE DATE DATE AIA Document G802'—2017.Copyright©2000,2007 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects""AIA, ine AIA Logo,and"AIA Contract Documents"a•c•eg'sterud trader arts a••d gray not be uscc'.wit-opt purr•rissiu••.This document was 6 produced by AIA software al09:48:07 ET on 12/07/2021 under Order No.1213503534 Mt eh uxp res on 02i08 2022, s nut for rusa u is ice-bud for o•te-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@a a.nrg. User Notes: (3B9ADA49) • ITEM: 4.Q. ..... Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Approve Professional Services Agreement with Terra General Contractors, LLC, d/b/a Terra Construction, for Apple Valley Fire Station #2 Replacement& Station#1 and #3 Health & Safety Improvements Staff Contact: Department/ Division: Chuck Russell, Fire Chief Fire Department ACTION REQUESTED: Approve Professional Services Agreement with Terra General Contractors, LLC, d/b/a Terra Construction, for Apple Valley Fire Station #2 Replacement & Station #1 and #3 Health and Safety Improvements, estimated to be in the amount of $796,375 plus 1.5% of the cost of construction. SUMMARY: In November of 2021, City staff issued a RFP soliciting for a Construction Manager as Adviser for improvements on Fire Stations 1, 2, and 3. Terra General Contractors, LLC, d/b/a Terra Construction, was deemed the preferred firm to assist the City with replacing Fire Station 2 along with health and safety modifications to Fire Stations 1 and 3. They have ample experience in fire station construction, have demonstrated expertise in fire station design and are well-qualified to serve our needs. A standard AIA Owner-Construction Manager as Adviser Agreement will be utilized for this project. BACKGROUND: N/A BUDGET IMPACT: Estimated $796,375 plus 1.5% of the cost of construction. ATTACHMENTS: Agreement Exhibit AIA Document C132' - 2019 Standard Form of Agreement Between Owner and Construction Manager as Adviser AGREEMENT made as of the 13th day of January in the year 2022 (In words,indicate day,month and year.) BETWEEN the Owner: ADDITIONS AND DELETIONS: The author of this document (Name, legal status, address, and other information) has added information needed for its completion. City of Apple Valley The author may also have 7100 147th Street West revised the text of the original AIA standard form. Apple Valley,MN 55124 An Additions and Deletions Report that notes added and the Construction Manager: information as well as revisions to the standard (Name, legal status, address, and other information) form text is available from the author and should be Terra General Contractors,LLC(dba Terra Construction) reviewed. 21025 Commerce Blvd., Ste 1000 This document has important Rogers,MN 55374 legal consequences. Consultation with an attorney is encouraged with for the following Project: respect to its completion (Name, location, and detailed description) or modification. This document is intended 21050 Apple Valley Fire Stations to be used in conjunction Apple Valley,MN with AIA Documents A132'®- 2Apple ValleyFire Station#2 Replacement&Station#1 and#3 Health&Safetygr , Standard Form of A PP P Agreement Between Owner and Improvements Contractor, Construction Manager as Adviser Edition; The Architect: A232"-2019, General Conditions of the Contract (Name, legal status, address, and other information) for Construction, Construction Manager as CNH Architects Adviser Edition; and B132'"- 7300 W 147th Street, Suite 504 2019, Standard Form of Agreement Between Owner and Apple Valley,MN 55124 Architect, Construction Manager as Adviser Edition. The Owner and Construction Manager agree as follows. AIA Document A232" 20l9 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) The City of Apple Valley is looking to replace the current Fire Station#2 located at 13995 Galaxie Avenue. The proposed building will consist of typical spaces associated with fire station facilities including the following: • 3 pull through apparatus bays and 3 double-deep apparatus bays • Decontamination, turnout gear, and other support spaces • Administration spaces including offices, dispatch and conference rooms • Education/EOC classroom • Residential spaces including dayroom, dining and future dorm spaces • Fitness room • Hose tower and training features • Miscellaneous other storage and support spaces The new fire station is anticipated to be approximately 30,000 square feet in total floor area and include a two story operations wing. This fire station will be built in two phases to allow for ongoing operations out of the existing fire station until occupancy can be moved to the first phase of the new facility. The work will also include minor remodeling at Fire Stations#1 and#3 upgrading the turnout gear and AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on G 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) decontamination areas of each to better meet current fire station best practices, and enclosing the fitness area at Fire Station#1. Fire Station#1 is located at 15000 Hayes Road, and Fire Station#3 is located at 14195 Essex Avenue. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics,such as size;location; dimensions;geotechnical reports;site boundaries;topographic surveys;traffic and utility studies;availability of public and private utilities and services;legal description of the site, etc.) Fire Station#2 replacement will be at the existing station site located at 13995 Galaxie Avenue,Apple Valley,MN. Fire Station#1 and#3 health and safety improvements will be at the existing site locations located at 15000 Hayes Road,Apple Valley,MN and 14195 Essex Avenue,Apple Valley,MN. » § 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) The Owner's budget is not known at this time and will be developed during project schematic design. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: Current through November 2022(estimated) .2 Construction commencement date: March 1,2023 (estimated) .3 Substantial Completion date or dates: To be determined .4 Other milestone dates: § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid or negotiated contract.) To be determined § 1.1.6 The Owner's requirements for accelerated or fast-track design and construction,multiple bid packages,or phased construction are set forth below: (Identify any requirements for fast-track scheduling or phased construction and, if applicable, list number and type of bid/procurement packages.) The city needs to keep Fire Station#2 operational until operations can be moved to Phase 1 of the new station. The building committee will work closely with the architect and construction manager to develop a series of options and associated costs that ensure an efficient construction process, control costs and maintain emergency services. § 1.1.7 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any.) Third-party certification for sustainability is not included in the proposed services but may be added as an additional service. AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) § 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner and Construction Manager shall complete and incorporate AIA Document E235TM-2019, Sustainable Projects Exhibit,Construction Manager as Adviser Edition, into this Agreement to define the terms,conditions and services related to the Owner's Sustainable Objective. If E235-2019 is incorporated into this Agreement,the Owner and Construction Manager shall incorporate the completed E235-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.8 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere.) § 1.1.9 The Owner identifies the following representative in accordance with Section 5.5: (List name, address, and other contact information.) Chuck Russell 7100 147th Street West Apple Valley,MN 55124 (952)953-2606 chuck.russell@applevalleyfire.org § 1.1.10 The persons or entities,in addition to the Owner's representative,who are required to review the Construction Manager's submittals to the Owner are as follows: (List name, address, and other contact information.) § 1.1.11 The Owner shall retain the following consultants and Contractors: (List name, legal status, address, and other contact information.) .1 Land Surveyor: Bolton&Menk,Inc. 3507 High Point Drive North Bldg. 1 Suite E130 Oakdale,MN 55128 .2 Geotechnical Engineer: Braun Intertec 11001 Hampshire Avenue S Minneapolis,MN 55438 .3 Civil Engineer: .4 Contractors,as defined in Section 1.4: .5 Separate Contractors,as defined in Section 1.4: .6 Other,if any: (List any other consultants retained by the Owner.) § 1.1.12 The Construction Manager identifies the following representative in accordance with Section 2.5: (List name, address, and other contact information.) AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 4 without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) § 1.1.13 The Construction Manager's staffing plan as required under Section 3.3.3 shall include: (List any specific requirements and personnel to be included in the staffing plan, if known.) § 1.1.14 The Construction Manager's consultants retained under Basic Services, if any: (List name, legal status, address, and other contact information of any consultants.) § 1.1.15 The Construction Manager's consultants retained under Supplemental Services: § 1.1.16 Other Initial Information on which this Agreement is based: § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Construction Manager shall appropriately adjust the Construction Manager's services, schedule for the Construction Manager's services,and the Construction Manager's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. § 1.3.1 Any use of, or reliance on,all or a portion of a building information model without agreement to protocols governing the use of, and reliance on,the information contained in the model shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants,the authors of, or contributors to, the building information model,and each of their agents and employees. § 1.4 The term"Contractors"refers to persons or entities who perform Work under contracts with the Owner that are administered by the Construction Manager and Architect. The term"Contractors"is used to refer to such persons or entities,whether singular or plural. The term does not include the Owner's own forces, or Separate Contractors, which are persons or entities who perform construction under separate contracts with the Owner not administered by the Construction Manager and Architect. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B101TM-2017, Standard Form of Agreement between Owner and Architect,as amended.The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Construction Manager shall coordinate its services with those services provided by the Owner,the Architect,the Contractors,and the Owner's other consultants and Separate Contractors.The Construction Manager shall be entitled to rely on,and shall not be responsible for,the accuracy and completeness of services and information furnished by the Owner,the Architect,and the Owner's other consultants and Separate Contractors.The Construction Manager shall provide prompt written notice to the Owner if the Construction Manager becomes aware of any error,omission,or inconsistency in such services or information. § 2.5 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 5 without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) § 2.6 The Construction Manager,as soon as practicable after execution of the Agreement, shall notify the Owner in writing of the names and qualifications of its proposed key staff members. Within 14 days of receipt of the names and qualifications of the Construction Manager's proposed key staff members,the Owner may reply to the Construction Manager in writing,stating(1)whether the Owner has reasonable objection to a proposed key staff member or(2)that the Owner requires additional time to review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. The Construction Manager shall not staff any employees on the Project to whom the Owner has made reasonable and timely objection.The Construction Manager shall not change its key staff members without the Owner's consent,which shall not be unreasonably withheld or delayed. § 2.7 Except with the Owner's knowledge and consent,the Construction Manager shall not engage in any activity, or accept any employment,interest or contribution that would reasonably appear to compromise the Construction Manager's judgment with respect to this Project. § 2.8 The Construction Manager shall maintain the following insurance until termination of this Agreement. § 2.8.1 Commercial General Liability with policy limits of not less than Two Million and no/100 Dollars ($2,000,000.00)for each occurrence and Four Million and no/100 Dollars($4,000,000.00)in the aggregate for bodily injury and property damage. § 2.8.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Construction Manager with policy limits of not less than One Million and no/100 Dollars($ 1,000,000.00)per accident for bodily injury, death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.8.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.8.1 and 2.8.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.8.4 Workers' Compensation at statutory limits and Employers Liability with policy limits not less than Five Hundred Thousand and no/100 Dollars($500,000.00)each accident,Five Hundred Thousand and no/100 Dollars ($ 500,000.00)each employee, and Five Hundred Thousand and no/100 Dollars($ 500,000.00)policy limit. § 2.8.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than Two Million and no/100 Dollars($2,000,000.00)per claim and Four Million and no/100 Dollars($4,000,000.00)in the aggregate.The Construction Manager agrees that the deductible within its professional liability insurance policy shall not exceed Two Hundred Thousand and no/100 Dollars ($200,000.00). § 2.8.6 Additional Insured Obligations.To the fullest extent permitted by law,the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations.The Construction Manager shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability and Professional Liability policy to include a statement that such insurance cannot be cancelled until thirty(30)days after the Owner has received written notice of the intention to cancel the insurance. § 2.8.7 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.8. § 2.9 The Construction Manager shall assist the Owner,Architect,and other Project participants in establishing building information modeling and digital data protocols for the development,use,transmission,and exchange of digital data. § 2.10 A centralized electronic document management system will be used on the Project. AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 6 without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) § 2.11 The Construction Manager shall retain all Project related documents and information it receives, and the Owner and Architect shall have access to the documents and information. The Construction Manager shall transmit the documents and information to the Owner at final completion or upon termination of this Agreement,whichever occurs first. ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 3.1 Definition The Construction Manager's Basic Services consist of those described in this Article 3,and include usual and customary Preconstruction and Construction Phase Services. Services not set forth in this Article 3 are Supplemental or Additional Services. The Owner,Construction Manager,and Contractors may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase,in which case, both phases will proceed concurrently. § 3.2 Preconstruction Phase § 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Owner's program provided by the Architect,to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner and Architect. § 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program,schedule and construction budget requirements,each in terms of the other. § 3.2.3 The Construction Manager shall prepare,and deliver to the Owner,for the Owner's approval,a written Construction Management Plan that includes,at a minimum,the following: (1)preliminary evaluations required in Section 3.2.2,(2)a Project schedule,(3)cost estimates, (4)recommendations for Project delivery method,and(5) Contractors' scopes of Work.The Construction Manager shall periodically update the Construction Management Plan, for the Owner's approval, over the course of the Project. § 3.2.4 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services,the Architect's services, other Owner consultants' services, and the Owner's responsibilities and highlight items that affect the Project's timely completion. § 3.2.5 The Construction Manager shall update the Project schedule to include the components of the Work, including phasing of construction,times of commencement and completion required of each Contractor,ordering and delivery of products,including those that must be ordered in advance of construction, obtaining the required reviews and approvals of authorities having jurisdiction over the Project, and the occupancy requirements of the Owner. § 3.2.6 Based on the preliminary design and information prepared or provided by the Architect and other Owner consultants,the Construction Manager shall prepare, for the Architect's review and Owner's approval,preliminary estimates of the Cost of the Work or the cost of program requirements using area,volume or similar conceptual estimating techniques, including the establishment of sufficient contingency to reasonably anticipate the development of the Project's design documents. § 3.2.7 The Construction Manager shall review design documents during their development and advise the Owner and Architect on proposed site use and improvements,selection of materials,building systems, and equipment.The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements,on constructability; availability of materials and labor; sequencing for phased construction;time requirements for procurement,installation and construction;and factors related to construction cost including,but not limited to,costs of alternative designs or materials,preliminary budgets,life-cycle data,and possible cost reductions. § 3.2.8 The Construction Manager shall review recommendations for systems,materials,or equipment for the impact upon cost,schedule,sequencing,constructability, and coordination among the Contractors. The Construction AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 7without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) Manager shall discuss its findings with the Owner and the Architect,and coordinate resolution,as necessary, of any such impacts. § 3.2.9 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall prepare and update,at appropriate intervals agreed to by the Owner,Construction Manager and Architect,an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for further development of the design,bidding or negotiating,price escalation,and market conditions. The estimate shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of Cost of the Work exceeds the latest approved Project budget, and make recommendations for corrective action. § 3.2.10 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall consult with the Owner and Architect and make recommendations whenever the Construction Manager determines that the design, or details,adversely affect cost, scope, schedule, constructability, or quality of the Project. § 3.2.11 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment,materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. § 3.2.12 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. § 3.2.13 The Construction Manager shall provide recommendations to the Owner on the division of the Project into individual contracts for the construction of various categories of Work,including the method to be used for selecting Contractors and awarding Contracts for Construction. The Construction Manager shall review the Drawings and Specifications and make recommendations as required to provide that(1)the Work of the Contractors is coordinated,(2)all requirements for the Project are assigned to the appropriate Contract,(3)the likelihood of jurisdictional disputes is minimized,and(4)proper coordination is provided for phased construction. § 3.2.14 The Construction Manager shall make recommendations about, and coordinate the ordering and delivery of, materials in support of the schedule,including those that must be ordered in advance of construction. § 3.2.15 The Construction Manager shall assist the Owner in selecting,retaining,and coordinating the professional services of surveyors, geotechnical engineers, special consultants,and construction materials testing required for the Project. § 3.2.16 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. § 3.2.17 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs,and other programs as may be required by governmental and quasi-governmental authorities for inclusion in the Contract Documents. § 3.2.18 Following the Owner's approval of the Drawings and Specifications,the Construction Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect's review and the Owner's approval. § 3.2.19 The Construction Manager,in consultation with the Owner,shall establish bidding schedules. The Construction Manager shall assist the Owner and the Architect with the development of the Bidding Documents, which consist of bidding requirements and proposed Contract Documents.The Construction Manager,with the assistance of the Architect,shall issue Bidding Documents to bidders and conduct pre-bid conferences with prospective bidders.The Construction Manager shall issue the current Project schedule with each set of Bidding Documents.The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) § 3.2.20 Intentionally deleted. § 3.2.21 The Construction Manager,with the assistance of the Architect, shall review bids, and prepare bid analyses, and make recommendations to the Owner for the Owner's award of Contracts for Construction or rejection of bids. § 3.2.22 The Construction Manager,with the assistance of the Architect, shall assist the Owner in preparing Contracts for Construction. The Construction Manager shall advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Contractors. § 3.2.23 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements,except for permits required to be obtained directly by the Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. § 3.2.24 If the Owner identified a Sustainable Objective in Article 1,the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E235TM-2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition,attached to this Agreement. § 3.3 Construction Phase § 3.3.1 The Construction Manager shall provide on-site administration of the Contracts for Construction in cooperation with the Architect as set forth below and in MA Document A232TM-2019,General Conditions of the Contract for Construction,Construction Manager as Adviser Edition. § 3.3.2 Subject to Section 4.2 and except as provided in Section 3.3.30,the Construction Manager's responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.3.3 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 3.3.4 The Construction Manager shall provide administrative,management and related services to coordinate scheduled activities and responsibilities of the Contractors with each other and with those of the Construction Manager,the Owner and the Architect.The Construction Manager shall coordinate the activities of the Contractors in accordance with the latest approved Project schedule and the Contract Documents. § 3.3.5 The Construction Manager shall review and analyze the construction schedules provided by the Contractors to update the Project schedule,incorporating the activities of the Owner,Architect,and Contractors on the Project, including activity sequences and durations,allocation of labor and materials,processing of Shop Drawings,Product Data and Samples,and delivery and procurement of products,including those that must be ordered in advance of construction.The Project schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project schedule as required to show current conditions.If an update indicates that the previously approved Project schedule may not be met,the Construction Manager shall recommend corrective action to the Owner and Architect. § 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss matters such as procedures, progress, coordination,and scheduling of the Work,and to develop solutions to issues identified.The Construction Manager shall prepare and promptly distribute minutes to the Owner,Architect and Contractors. § 3.3.7 In accordance with the Contract Documents and the latest approved Project schedule,and utilizing information from the Contractors,the Construction Manager shall review, analyze, schedule and coordinate the overall sequence of construction and assignment of space in areas where the Contractors are performing Work. § 3.3.8 The Construction Manager shall coordinate all tests and inspections required by the Contract Documents or governmental authorities,observe the on-site testing and inspections,and arrange for the delivery of test and inspection reports to the Owner and Architect. AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 9 without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) § 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual costs and budgeted or estimated costs. If a Contractor is required to submit a Control Estimate,the Construction Manager shall meet with the Owner and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the Contractor if there are any inconsistencies or inaccuracies in the information presented. The Construction Manager shall also report the Contractor's cost control information to the Owner. § 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project and include them in the Construction Manager's progress reports. § 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials,and other Work requiring accounting records. § 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Contractors for progress and final payments. § 3.3.12.2 Not more frequently than monthly,the Construction Manager shall review and certify the amounts due the respective Contractors as follows: .1 Where there is only one Contractor responsible for performing the Work,the Construction Manager shall,within seven days after the Construction Manager receives the Contractor's Application for Payment,review the Application,certify the amount the Construction Manager determines is due the Contractor,and forward the Contractor's Application and Certificate for Payment to the Architect. .2 Where there is more than one Contractor responsible for performing different portions of the Project, the Construction Manager shall,within seven days after the Construction Manager receives each Contractor's Application for Payment: (1)review the Applications and certify the amount the Construction Manager determines is due each Contractor;(2)prepare a Summary of Contractors' Applications for Payment by summarizing information from each Contractor's Application for Payment; (3)prepare a Project Application and Certificate for Payment;(4)certify the total amount the Construction Manager determines is due all Contractors collectively; and(5)forward the Summary of Contractors'Applications for Payment and Project Application and Certificate for Payment to the Architect. § 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for Payment,that,to the best of the Construction Manager's knowledge, information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents, and the Contractors are entitled to payment in the amount certified.The foregoing representations are subject to(1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion;(2)results of subsequent tests and inspections;(3)correction of minor deviations from the Contract Documents prior to completion;and(4)specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work;(2)reviewed construction means,methods,techniques, procedures, or sequences for a Contractor's own Work;(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate each Contractor's right to payment;or(4)ascertained how or for what purpose that Contractor has used money previously paid on account of the Contract Sum. § 3.3.13 The Construction Manager shall obtain and review the safety programs developed by each Contractor solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for making AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used lU without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) recommendations for any additional safety measures to be considered in the Work of the Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors,agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner,Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Architect about the rejection. The failure of the Construction Manager to reject Work shall not constitute acceptance of the Work. The Construction Manager shall record any rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the Architect and Owner pursuant to Section 3.3.22.1.Upon written authorization from the Owner,the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the Work is fabricated,installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. § 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services. The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of,or responsibility for the construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor's rights and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall be responsible for the Construction Manager's negligent acts or omissions,but shall not have control over or charge of, and shall not be responsible for,acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations,and requests for information of the meaning and intent of the Drawings and Specifications,and provide its written recommendation. The Construction Manager shall assist in the resolution of questions that may arise. § 3.3.17 The Construction Manager shall review requests for changes,assist in negotiating Contractors'proposals, submit recommendations to the Architect and Owner,and,if the proposed changes are accepted or required by the Owner,prepare Change Orders or Construction Change Directives that incorporate the Architect's modifications to the Contract Documents. § 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims,subject to Section 4.2.2.7. § 3.3.19 Utilizing the submittal schedules provided by each Contractor,the Construction Manager shall prepare,and revise as necessary, a Project submittal schedule incorporating information from the Owner,Owner's consultants, Owner's Separate Contractors and vendors, governmental agencies,and participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect for approval. § 3.3.20 The Construction Manager shall promptly review all Shop Drawings,Product Data, Samples,and other submittals from the Contractors for compliance with the submittal requirements of the Contract,coordinate submittals with information contained in related documents,and transmit to the Architect those that the Construction Manager recommends for approval.The Construction Manager's actions shall be taken in accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractors,the Owner, or the Architect. § 3.3.20.1 If professional design services or certifications by a design professional related to systems,materials,or equipment are specifically required of the Contractors by the Contract Documents,the Construction Manager shall review those submittals for sequencing,constructability, and coordination impacts on the other Contractors.The AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used �� without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) Construction Manager shall discuss its findings with the Owner and the Architect,and coordinate resolution,as necessary, of any such impacts. § 3.3.21 The Construction Manager shall keep a daily log containing a record of weather,each Contractor's Work on the site,number of workers,identification of equipment,Work accomplished,problems encountered,and other similar relevant data as the Owner may require. § 3.3.21.1 The Construction Manager shall collect,review for accuracy, and compile the Contractors' daily logs; and include them in the Construction Manager's reports prepared and submitted in accordance with section 3.3.21.2. § 3.3.21.2 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner,the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information identified below: .1 Work completed for the period; .2 Project schedule status; .3 Submittal schedule and status report,including a summary of remaining and outstanding submittals; .4 Request for information,Change Order,and Construction Change Directive status reports; .5 Tests and inspection reports; .6 Status report of nonconforming and rejected Work; .7 Daily logs; .8 Summary of all Contractors'Applications for Payment; .9 Cumulative total of the Cost of the Work to date including the Construction Manager's compensation and reimbursable expenses at the job site, if any; .10 Cash-flow and forecast reports; .11 Photographs to document the progress of the Project; .12 Status reports on permits and approvals of authorities having jurisdiction;and .13 Any other items the Owner may require: § 3.3.21.3 In addition,for Projects constructed on the basis of the Cost of the Work,the Construction Manager shall include the following additional information in its progress reports: .1 Contractors'work force reports; .2 Equipment utilization report; .3 Cost summary, comparing actual costs to updated cost estimates;and .4 Any other items as the Owner may require: § 3.3.22 Utilizing the documents provided by the Contractors,the Construction Manager shall make available, at the Project site,the Contract Documents,including Change Orders,Construction Change Directives, and other Modifications,in good order and marked currently to indicate field changes and selections made during construction,and the approved Shop Drawings,Product Data, Samples,and similar required submittals. These shall be in electronic form or paper copy, available to the Owner,Architect,and Contractors.Upon completion of the Project,the Construction Manager shall deliver them to the Owner. § 3.3.23 The Construction Manager shall arrange for the delivery, storage,protection and security of Owner- purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Work. § 3.3.24 With the Owner's maintenance personnel,the Construction Manager shall observe the Contractors' final testing and start-up of utilities, operational systems and equipment and observe any commissioning as the Contract Documents may require. § 3.3.25 When the Construction Manager considers each Contractor's Work or a designated portion thereof substantially complete,the Construction Manager shall,jointly with that Contractor,prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion.The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 12 2 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) § 3.3.26 When the Work of all of the Contractors, or designated portion thereof, is substantially complete,the Construction Manager shall prepare,and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The Construction Manager shall submit the executed Certificate to the Owner and Contractors. The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof,the Construction Manager shall perform an inspection to confirm the completion of the Work of the Contractors and make recommendations to the Architect when the Work of all of the Contractors is ready for final inspection. The Construction Manager shall assist the Architect in conducting the final inspection. § 3.3.27 The Construction Manager shall forward to the Owner,with a copy to the Architect,the following information received from the Contractors: (1)certificates of insurance;(2)consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment; (3)affidavits,receipts,releases and waivers of liens or bonds indemnifying the Owner against liens;and(4)any other documentation required of the Contractors under the Contract Documents,including warranties and similar submittals. § 3.3.28 The Construction Manager shall coordinate receipt,and delivery to the Owner, of other items provided by the Contractors, such as keys,manuals,and record drawings. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment,or a final Application for Payment and final Certificate for Payment,upon the Contractors' compliance with the requirements of the Contract Documents. § 3.3.29 Duties,responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner,Construction Manager,Architect,and Contractors. Consent shall not be unreasonably withheld. § 3.3.30 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion, the Construction Manager shall,without additional compensation,conduct a meeting with the Owner and Architect to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Construction Manager shall provide the listed Supplemental Services only if specifically designated in the table below as the Construction Manager's responsibility, and the Owner shall compensate the Construction Manager as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Construction Manager is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Construction Manager's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Construction Manager or Owner shall be responsible for providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Construction Manager, Owner or not provided) § 4.1.1.1 Measured drawings § 4.1.1.2 Tenant-related services § 4.1.1.3 Commissioning § 4.1.1.4 Development of a commissioning plan § 4.1.1.5 Sustainable Project Services pursuant to Section 4.1.3 § 4.1.1.6 Furniture, furnishings and equipment delivery, and installation coordination § 4.1.1.7 Furniture, furnishings and equipment procurement assistance § 4.1.1.8 Assistance with site selection § 4.1.1.9 Assistance with selection of the Architect § 4.1.1.10 Furnish land survey AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used �� without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) § 4.1.1.11 Furnish geotechnical engineering services § 4.1.1.12 Provide insurance advice § 4.1.1.13 Provide supplemental Project risk analysis and mitigation strategies § 4.1.1.14 Stakeholder relationships management § 4.1.1.15 Owner moving coordination § 4.1.1.16 Coordination of Owner's Separate Contractors § 4.1.1.17 Other Supplemental Services § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Construction Manager's responsibility is provided below. (Describe in detail the Construction Manager's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. (Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identift the exhibit.) § 4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Construction Manager shall provide,as a Supplemental Service,the Sustainability Services required in AIA Document E235TM_2019, Sustainable Projects Exhibit,Construction Manager as Adviser Edition,attached to this Agreement.The Owner shall compensate the Construction Manager as provided in Section 11.2. § 4.2 Construction Manager's Additional Services § 4.2.1 The Construction Manager may provide Additional Services after execution of this Agreement,without invalidating this Agreement.Except for services required due to the fault of the Construction Manager,any Additional Services provided in accordance with this Section 4.2 shall entitle the Construction Manager to compensation pursuant to Section 11.3. § 4.2.2 Upon recognizing the need to perform the following Additional Services,the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Construction Manager shall not proceed to provide the following Additional Services until the Construction Manager receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information,previous instructions or approvals given by the Owner,or a material change in the Project including size,quality, complexity,the Owner's schedule or budget for Cost of the Work,or procurement or delivery method,or bid packages in addition to those listed in Section 1.1.6. Services necessitated by sections 6.4 and 6.6 shall not be considered additional services; .2 Services necessitated by the enactment or revision of codes, laws,regulations or official interpretations after the date of this Agreement; .3 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's other consultants or contractors; .4 Preparation of documentation for alternate bid or proposal requests proposed by the Owner; .5 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Construction Manager is party thereto; § 4.2.3 Intentionally deleted. § 4.2.4 Intentionally deleted. § 4.2.5 Intentionally deleted. AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 14 without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program,which shall set forth the Owner's objectives; schedule;constraints and criteria; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project, including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and(3)reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Construction Manager and Architect. The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner acknowledges that accelerated,phased, or fast-track design and construction provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated,phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall retain an Architect for the Project.. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. § 5.6 Unless provided by the Construction Manager,the Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project, and a written legal description of the site.The surveys and legal information shall include,as applicable, grades and lines of streets,alleys,pavements and adjoining property and structures; designated wetlands;adjacent drainage;rights-of-way,restrictions,easements, encroachments,zoning, deed restrictions,boundaries,and contours of the site;locations,dimensions,and other necessary data with respect to existing buildings,other improvements and trees; and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. § 5.7 Unless provided by the Construction Manager,the Owner shall furnish services of geotechnical engineers, which may include test borings,test pits, determinations of soil bearing values,percolation tests, evaluations of hazardous materials, seismic evaluation,ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. § 5.8 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.9 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E235TM-2019, Sustainable Projects Exhibit,Construction Manager as Adviser Edition, attached to this Agreement. § 5.10 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager.The Owner shall furnish the services of consultants other than those designated as the responsibility of the Construction Manager in this Agreement,or authorize the Construction Manager to furnish them as an Additional Service,when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.11 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents, such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.12 The Owner shall furnish all legal,insurance and accounting services, including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.13 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in the Project, including errors,omissions or inconsistencies in the Architect's Instruments of Service or any fault or defect in the Construction Manager's services. AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 15 without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) § 5.14 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project,the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 5.15 The Owner shall communicate with the Contractors and the Construction Manager's consultants through the Construction Manager about matters arising out of or relating to the Contract Documents.The Owner and Construction Manager shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities. Communications by and with the Architect's consultants shall be through the Architect. § 5.16 Before executing the Contracts for Construction,the Owner shall coordinate the Construction Manager's duties and responsibilities set forth in the Contracts for Construction with the Construction Manager's services set forth in this Agreement.The Owner shall provide the Construction Manager a copy of the executed agreements between the Owner and Contractors,including the General Conditions of the Contracts for Construction. § 5.17 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate the Contractors to provide the Construction Manager access to the Work wherever it is in preparation or progress. § 5.18 Within 15 days after receipt of a written request from the Construction Manager,the Owner shall furnish the requested information as necessary and relevant for the Construction Manager to evaluate,give notice of,or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Contractors'general conditions costs,overhead and profit.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;compensation of the Construction Manager and Construction Manager's Consultants, the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information,and shall be adjusted throughout the Project as required under Sections 5.2 and 6.4.Evaluations of the Owner's budget for the Cost of the Work,and the estimates of the Cost of the Work prepared by the Construction Manager,represent the Construction Manager's judgment as a person or entity familiar with the construction industry. It is recognized,however,that neither the Construction Manager nor the Owner has control over the cost of labor,materials;or equipment;the Contractors'methods of determining bid prices;or competitive bidding,market,or negotiating conditions. Accordingly,the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work,or from any estimate of the Cost of the Work,or evaluation,prepared or agreed to by the Construction Manager. § 6.3 If the Architect is providing cost estimating services as a Supplemental Service,and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Construction Manager and the Architect shall work together to reconcile the cost estimates. § 6.4 If the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Construction Manager,in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project's size,quality,or budget for the Cost of the Work,and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 6 without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) .2 terminate in accordance with Section 9.5; .3 in consultation with the Construction Manager and Architect,revise the Project program,scope, or quality as required to reduce the Cost of the Work;or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to revise the Project program, scope, or quality to reduce the Cost of the Work pursuant to Section 6.5.3,or if the bids or proposals received from the prospective Contractors,in the aggregate,exceed the Owner's budget for the Cost of the Work,and the Owner chooses to revise the Project program, scope, or quality to reduce the Cost of the Work,the Construction Manager shall cooperate with the Owner and Architect to develop the necessary revisions,update the cost estimate,and obtain additional bids. The Construction Manager will perform the services described in Sections 6.4 and 6.6 without additional compensation. ARTICLE 7 COPYRIGHTS AND LICENSES The Construction Manager and the Construction Manager's consultants,if any, shall not own or claim a copyright in the Instruments of Service. The Construction Manager,the Construction Manager's consultants,if any, and the Owner warrant that in transmitting Instruments of Service, or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Construction Manager waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Construction Manager waive all rights against each other and against the contractors, consultants,agents,and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2019, General Conditions of the Contract for Construction.The Owner or the Construction Manager,as appropriate,shall require of the contractors, consultants,agents,and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Construction Manager,its employees and its consultants in the performance of professional services under this Agreement.The Construction Manager's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend. § 8.1.4 The Construction Manager and Owner waive consequential damages for claims,disputes, or other matters in question,arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either parry's termination of this Agreement,except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Construction Manager's services,the Construction Manager may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Construction Manager shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 1,7 without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) Agreement,and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event, mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [X] Litigation in a court of competent jurisdiction in Dakota County,Minnesota [ ] Other: (Specify) § 8.3 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Construction Manager in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Construction Manager's option,cause for suspension of performance of services under this Agreement. If the Construction Manager elects to suspend services,the Construction Manager shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services,the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services,the Owner shall pay the Construction Manager all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Construction Manager shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Construction Manager shall be compensated for expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Construction Manager,the Construction Manager may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Construction Manager terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Construction Manager for services performed prior to termination,Reimbursable Expenses incurred. AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 18 without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) § 9.7 In addition to any amounts paid under Section 9.6,if the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Construction Manager terminates this Agreement pursuant to Section 9.3,the Owner shall pay to the Construction Manager the following termination fee: (Set forth below the amount of any termination fee, or the method for determining any termination fee.) None § 9.8 Except as otherwise expressly provided herein,this Agreement shall terminate one year from the date of Substantial Completion. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2019, General Conditions of the Contract for Construction, except for purposes of this Agreement,the term"Work"shall include the work of all Contractors under the administration of the Construction Manager and the Architect. § 10.3 The Owner and Construction Manager,respectively,bind themselves,their agents, successors, assigns,and legal representatives to this Agreement.Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Construction Manager by the Owner prior to the assignment. § 10.4 If the Owner requests the Construction Manager to execute certificates,the proposed language of such certificates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of execution. If the Owner requests the Construction Manager to execute consents reasonably required to facilitate assignment to a lender,the Construction Manager shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Construction Manager for review at least 14 days prior to execution.The Construction Manager shall not be required to execute certificates or consents that would require knowledge, services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Construction Manager. § 10.6 Unless otherwise required in this Agreement,the Construction Manager shall have no responsibility for the discovery,presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Construction Manager shall have the right to include photographic or artistic representations of the design of the Project among the Construction Manager's promotional and professional materials.The Construction Manager shall provide professional credit for the Architect and the Contractors in the Construction Manager's promotional materials for the Project. The Construction Manager shall be given reasonable access to the completed Project to make such representations. However,the Construction Manager's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Construction Manager in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Construction Manager or Owner receives information specifically designated as"confidential"or "business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the other party,when required by law,arbitrator's order,or court order,including a subpoena or other form of AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 9 without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees, consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties' intentions and purposes in executing the Agreement. § 10.10 The Construction Manager shall pay any subcontractor within ten days of the Construction Manager's receipt of payment from Owner for undisputed services provided by the subcontractor. The Construction Manager shall pay interest of one and one-half(1-1/2%)percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time pursuant to this provision to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of one hundred($100.00)dollars or more shall be ten($10.00)dollars. For an unpaid balance of less than one hundred($100.00)dollars,the Construction Manager shall pay the actual penalty due under this provision to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Construction Manager shall be awarded its costs and disbursements,including attorney's fees, incurred in bringing the action. § 10.11 Pursuant to Minnesota Statutes § 13.05, subd. 11,all of the data created,collected,received, stored,used, maintained,or disseminated by the Construction Manager in performing an owner's function under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,and the Construction Manager must comply with those requirements as if it were a government entity. § 10.12 As the Construction Manager is not the Owner's employee,the Construction Manager is responsible for paying all required state and federal taxes. In particular,the Owner will not withhold FICA(Social Security)from the Construction Manager's payments;will not make state or federal unemployment insurance contributions on the Construction Manager's behalf;will not withhold state or federal income tax from payment to the Construction Manager;will not make disability insurance contributions on behalf of the Construction Manager;or will not obtain workers'compensation insurance on behalf of the Construction Manager. ARTICLE 11 COMPENSATION § 11.1 For the Construction Manager's Basic Services described under Article 3,the Owner shall compensate the Construction Manager as follows: § 11.1.1 For Preconstruction Phase Services in Section 3.2: (Insert amount of or basis for, compensation, including stipulated sums, multiples or percentages.) See Exhibit A § 11.1.2 For Construction Phase Services in Section 3.3: (Insert amount of or basis for, compensation, including stipulated sums, multiples or percentages.) See Exhibit A § 11.2 For the Construction Manager's Supplemental Services designated in Section 4.1.1,and for any Sustainability Services required pursuant to Section 4.1.3,the Owner shall compensate the Construction Manager as follows: (Insert amount of or basis for, compensation.If necessary, list specific services to which particular methods of compensation apply.) N/A AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used n O without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on G 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2,the Owner shall compensate the Construction Manager as follows: (Insert amount of or basis for, compensation.) Hourly rate per rates listed in Exhibit A § 11.4 Compensation for Supplemental and Additional Services of the Construction Manager's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Construction Manager plus« »percent(« » %),or as follows: (Insert amount of or basis for computing, Construction Manager's consultants'compensation for Supplemental or Additional Services.) § 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager's consultants are set forth below. The rates shall be adjusted in accordance with the Construction Manager's and Construction Manager's consultants'normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) See Exhibit A § 11.6 Compensation for Reimbursable Expenses § 11.6.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental,and Additional Services and include expenses incurred by the Construction Manager and the Construction Manager's consultants directly related to the Project,as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services,teleconferences,Project web sites,and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,and standard form documents; .5 Postage,handling,and delivery; .6 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; .7 Professional photography, and presentation materials requested by the Owner; .8 If required by the Owner,and with the Owner's prior written approval,the Construction Manager's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Construction Manager's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager's consultants plus one and one half percent( 1.5 %)of the expenses incurred. § 11.7 Construction Manager's Insurance.If the types and limits of coverage required in Section 2.8 are in addition to the types and limits the Construction Manager normally maintains,the Owner shall pay the Construction Manager for the additional costs incurred by the Construction Manager for the additional coverages as set forth below. (Insert the additional coverages the Construction Manager is required to obtain in order to satisfy the requirements set forth in Section 2.8, and for which the Owner shall reimburse the Construction Manager.) None § 11.8 Payments to the Construction Manager § 11.8.1 Initial Payment § 11.8.1.1 An initial payment of« »($« »)shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on G 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) § 11.8.2 Progress Payments § 11.8.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid« »(« »)days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) § 11.8.2.2 The Owner shall not withhold amounts from the Construction Manager's compensation to impose a penalty or liquidated damages on the Construction Manager,or to offset sums requested by or paid to Contractors for the cost of changes in the Work,unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.8.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document C132TM-2019, Standard Form Agreement Between Owner and Construction Manager as Adviser .2 AIA Document E203TM-2013,Building Information Modeling and Digital Data Exhibit,dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) N/A .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [« »] AIA Document E235TM-2019, Sustainable Projects Exhibit,Construction Manager as Adviser Edition, dated as indicated below: (Insert the date of the E235-2019 incorporated into this agreement.) [« »] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits identified in Section 4.1.2.) .4 Other documents: (List other documents, if any,forming part of the Agreement.) AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used nn without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 22 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) This Agreement is entered into as of the day and year first written above. OWNER(Signature) CONSTRUCTION MANAGER(Signature) mint rioopaw mayor enjamm ew in ice esi en (Printed name and title) (Printed name and title) OWNER(Signature) Pamela J. Gackstetter City Clerk (Printed name and title) AIA Document C132' - 2019. Copyright © 1973, 1980, 1992, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 2 3 without permission. This draft was produced by AIA software at 09:20:34 ET on 11/03/2021 under Order No.8675947887 which expires on 03/11/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1433289036) Exhibit A TERRA CONSTRUCTION I. Terra CONSTRUCTION FEE SUMMARY TABLE 1(Pre-Con,Bidding,Award)Staff CONSTRUCTION COST Not Published Start Date: January 2022 PRECONSTRUCTION SCHEDULE: 12 Months _ Finish Date: December 2022 CONSTRUCTION SCHEDULE: 16 Months 12.0 52 365 2080 Months Weeks Days Hours Description Quantity I Unit I Unit Cost Total Project Executive 40 HRS In Fee In Fee Preconstruction Manager 300 HRS 110 $ 33,000.00 Estimator 120 HRS 100 $ 12,000.00 Project Manager 40 HRS 110 $ 4,400.00 Superintendent 40 HRS 110 $ 4,400.00 MEP Systems Coordinator/Quality Control 40 HRS 100 $ 4,000.00 Subtotal Table 1: $ 57,800.00 Preconstruction Discount-Our Commitment to the City $ (50,000.00) - Subtotal TABLE 1(Pre-Con,Bidding,Award)Staff $ 7,800.00 TABLE 2(Construction)Staff Start Date: April 2023 Finish Date: July 2024 16.0 69 487 2773 Months Weeks Days Hours Description Quantity Unit I Unit Cost Total Staff Costs Project Executive 73 HRS In Fee In Fee Project Manager 1109 HRS 110 $ 122,012.00 Assistant PM/Field Engineer 1664 HRS 85 $ 141,423.00 Safety Director/Coordinator 73 HRS In Fee In Fee MEP Systems Coordinator/Quality Control 30 HRS 100 $ 3,000.00 Field Superintendent 2773 HRS 110 $ 305,030.00 Clerical/Accounting 64 HRS 65 $ 4,160.00 Subtotal TABLE 2(Construction)Staff $ 575,625.00 TABLE 3(General Conditions) Start Date: April 2023 Finish Date: July 2024 16.0 69 487 2773 Months Weeks Days Hours Description Quantity Unit I Unit Cost Total Field Office&Equipment 16 MO 1000 $ 16,000.00 These are estimated general Waste Removal/Dumpsters 55 EA 350 $ 19,250.00 condition costs.Actual Temporary Heaters/Fan Rental 1 Allowance 25000 $ 25,000.00 costs will be further defined Temporary Heater Fuel 1 Allowance 35000 $ 35,000.00 once schedule,phasing and Temporary Fire Extinguishers 6 EA 130 $ 780.00 site logistics are further Temporary Toilets 16 MO 575 $ 9,200.00 refined in a transparent Skid Steer,Fuel,Street Cleaning,Snow Removal 16 MO 4500 $ 72,000.00 partnership with the City Safety Supplies&Equipment 1 Allowance 1000 $ 1,000.00 and CNH. Subtotal TABLE 3(General Conditions) $ 178,230.00 • TABLE 4(Reimbursable Expenses) Start Date: April 2023 Finish Date: July 2024 16.0 69 487 2773 Months Weeks Days Hours Description Quantity Unit Unit Cost Total Office Equip/Supplies/Reproduction Costs 16.0 MONTH 200 $ 3,200.00 Postage/USPS/UPS/Courier Services 16.0 _MONTH 20 $ 320.00 Superintendent Truck,Fuel,Computer,iFad,Phone 16.0 MONTH 1750 $ 28,000.00 Communication&Technology 16.0 MONTH 200 $ 3,200.00 Subtotal TABLE 4(Reimbursable Expenses) 1$ 34,720.00 TABLE 5(CM Fee) Description Construction Cost Unit Cost Total CM Fee(Percentage of Construction Cost) Not Published % 1.50% 1.50% Summary Total for Construction Management Services TABLE 1(Pre-Con,Bidding,Award)Staff $ 7,800.00 TABLE 2(Construction)Staff $ 575,625.00 TABLE 3(General Conditions) $ 178,230.00 TABLE 4(Reimbursable Expenses) $ 34,720.00 SUB-TOTAL(Not including CM Fee) rEEMI TABLE 5(CM Fee) 1.5%of Construction Cost TOTAL:The Construction Cost has not been published and thus our total can be represented by:$796,375 plus 1.5%of Construction Cost n f� Note: The schedule duration above is estimated and will be further developed as the design progresses. [/ The staffing and hours may need to adjust accordingly. Ben ewlin,Vice President CITY OF APPLE VALLEY I Fire Station#2 Replacement&Station#1 Health&Safety Improvements ii 25 • ITEM: 4.R. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Approve Joint Powers Agreement with Dakota County for 2022 Sentence to Service (STS) Program Work Crews Staff Contact: Department/ Division: Eric Carlson, Director Parks and Recreation Department ACTION REQUESTED: Approve Joint Powers Agreement with Dakota County for 2022 Sentence to Service (ST S) Program Work Crews. SUMMARY: Staff is seeking authorization to enter into a Joint Powers Agreement with Dakota County for Sentence to Service Program Work Crews. The term of the Agreement shall be the 2022 calendar year and cost shall not exceed $27,417.00. BACKGROUND: In the past, the Dakota County STS crews have provided a valuable staffing resource in aiding maintenance division goals in both parks and streets. Typical assignments have been litter collection along city streets, clean-up after Freedom Days events, hockey rink and shelter painting, fall tree wrapping and mulching, cleaning around storm ponds, etc. The cost of this program for 2022 will be $481.00 per day and not to exceed $27,417.00. The cost is split between the Parks and Street Maintenance Divisions. The contract guarantees up to 57 crew days with a supervisor and an average crew of seven. This has been an effective portion of maintenance operations. BUDGET IMPACT: Funding has been designated within the 2022 budget, in both the Parks Maintenance and Street Maintenance divisions, to support this project. ATTACHMENTS: Agreement JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF APPLE VALLEY FOR SENTENCE TO SERVICE PROGRAM WORK CREWS AGREEMENT PERIOD: 1/1/2022— 12/31/2022 This Agreement is between County of Dakota, through its Community Corrections Department, hereinafter "County" and the City of Apple Valley, 7100 West 147th Street,Apple Valley, MN 55124, hereinafter"City."This Agreement uses the word "parties"for both County and City. WHEREAS,the County and the City are governmental units as that term is defined in Minn. Stat. §471.59; and WHEREAS, under Minn. Stat.§471.59, subd.1,two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, the City desires the services of the Sentence to Service Program work crews; and WHEREAS, the County operates a Sentence to Service Program by providing work crews referred through the Community Corrections Department plus a supervisor to perform unskilled labor; and WHEREAS, The City will pay the County a total amount of$27,417.00 at a rate of$481.00 per day for fifty-seven (57)work crew days pursuant to the terms of this Agreement; and WHEREAS, the Dakota County Board of Commissioners authorized the County to enter into an agreement with the City for Sentence to Service work crews. Now,THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. GENERAL PROVISIONS. 1.1 Purpose. The purpose of this Agreement is to define the rights and obligations of the County and the City with respect to Sentence to Service ("STS")work crews. 1.2 Cooperation. The County and the City shall cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. City and County liaisons will meet at least twice annually and more frequently if necessary to discuss issues related to the STS program. 1.3 Term. This Agreement is effective and enforceable on January 1, 2022("Effective Date")and expires on December 31, 2022 or the date on which all Services have been satisfactorily performed and final payment is made,whichever occurs first. 1.4 Definitions. a) Work Crew. A work crew shall consist of a Crew leader and a crew of five to ten workers, who are jail inmates or community members, screened by Community Corrections. The Crew leader, an employee of General Security Services Corporation (GSSC), shall oversee and be in charge of the work crew. b) Work Crew Days. An STS work crew day shall consist of seven hours, less a thirty-minute lunch break, between the hours of 8:00 am and 3:00 pm. A work crew may be discharged earlier at the discretion of the City supervisor. 2. CITY'S RIGHTS AND OBLIGATIONS. 2.1 General Description. City will purchase 57 STS work crew days. The specific days to be worked and the work to be performed shall be determined at least thirty calendar days in advance of the work by the City and the County. 2.2 Total Cost. The total amount to be paid by the City pursuant to this Agreement shall not exceed $27,417.00. The County will invoice the City for actual crew days worked up to 57 days at a cost of$481.00 per day. The City agrees City of Apple Valley—(STS) Custom to pay the County $13,708.50 no later than May 31, 2022, and shall pay the remaining $13,708.50 no later than October 1, 2022. 2.3 Work Projects.The City will provide work projects requiring unskilled labor such as light construction or landscaping, and any specialized equipment needed for the work. Each work project will be reduced to writing and provided to the Crew leader before work commences. A work project will be concluded when a City representative and the Crew leader approve in writing that work has been satisfactorily completed. 2.4 Crew. Work crew members, including the GSSC work crew leader, are not employees of the City or the County. 3. COUNTY'S RIGHTS AND OBLIGATIONS. 3.1 General Description. The County will: • Provide STS work crews for the City pursuant to this Agreement. • Designate a person as the County's representative with respect to the performance of services for the City under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the County's policies and decisions with respect to services covered by this Agreement. 3.2 Payment. The County will submit invoices to the City for payment by the City. 3.3 Work Projects. The County, through its Contractor, General Security Services Corporation, shall equip work crews with hand tools. 3.4 Other Work. The County may, at its discretion, offer the City the opportunity to use more than 40 crew days per year without additional cost to the City if additional days are available. 4. LIABLE FOR OWN ACTS. 4.1 Each party to this Agreement shall be liable for the acts of its own officers, employees and agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of another party, its officers, employees and/or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from a party's acts or omissions. It is further understood and agreed that Minn. Stat. § 3.739 solely governs claims for injury or death of work crew members. 4.2 Any and all work crew members engaged in the aforesaid work to be performed by the County shall not be considered employees of the City for any purpose including, but not limited to, application of the Workers' Compensation laws. Any and all claims that may or might arise under the Workers' Compensation Act of this City on behalf of the work crew members while engaged on any of the work contemplated herein shall not the obligation or responsibility of City but shall be determined as provided in Minnesota Statute § 3.739. The County shall not be responsible under the Workers' Compensation Act for any employees of the City. 5. FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 6. TERMINATION. 6.1 Termination Without Cause. Either party may terminate this Agreement without cause by providing 30 days' Notice of Termination to the other party. 6.2 Termination for Cause or Material Breach. Either party may terminate this Agreement for cause by providing 7 calendar days' Notice of Termination to the other party, unless a different procedure or effective date is stated within the specific section of this Agreement under which the default occurs. In addition to other specifically stated City of Apple Valley—(STS) Custom provisions of this Agreement or as otherwise stated in law, events or circumstances constituting default and giving rise to the right to terminate for cause, unless waived, include but are not limited to: A. Making material misrepresentations either in the attached exhibits or in any other material provision or condition relied upon in the making of this Agreement. B. Failure to perform services or provide payment within the time specified in this Agreement. C. Failure to perform any other material provision of this Agreement. D. Failure to diligently and timely perform services so as to endanger performance of the provisions of this Agreement. 6.3 Termination by County — Lack of Funding. The County may immediately terminate this Agreement for lack of funding. A lack of funding occurs when funds appropriated for this Agreement as of the Effective Date from a non- County source are unavailable or are not appropriated by the County Board. The County has sole discretion to determine if there is a lack of funding. The County is not obligated to pay for any services that are performed after providing Notice of Termination for lack of funding. The County is not subject to any penalty or damages for termination due to lack of funding. No Notice of Default is required to terminate under this section. 6.4 Notice of Termination. The Notice of Termination must state the intent to terminate the Agreement and specify the events or circumstances and relevant Agreement provision warranting termination of the Agreement and whether the termination is for cause. 6.5 Duties of Parties Upon Termination. Upon either party providing the Notice of Termination, and except as otherwise stated, the parties shall: A. Discontinue performance under this Agreement on the date and to the extent specified in the Notice of Termination. B. Complete performance of any work that is not discontinued by the Notice of Termination. C. Cooperate with each other regarding transition of services. D. Cancel all orders and subcontracts to the extent that they relate to the performance of this Agreement. E. Return all County property in County within 7 calendar days after the date of Notice of Termination to the extent that it relates to the performance of this Agreement that is discontinued by the Notice of Termination. F. Submit an invoice for services satisfactorily performed prior to the effective date of termination within 35 calendar days of said date. G. Maintain all records relating to the performance of the Agreement as may be directed by the Notice of Termination or required by law or this Agreement. H. Make final payment in accordance with this Agreement for Services satisfactorily performed. 6.6 Effect of Termination for Cause or without Cause. A. Termination of this Agreement does not discharge any liability, responsibility, or right of any party that arises from the performance of, or failure to adequately perform the provisions of this Agreement prior to the effective date of termination. Termination shall not disclose any obligation which, by its nature, would survive after the date of termination. B. The County shall not be liable for any services performed after Notice of Termination, except as stated above or as authorized by the County in writing. 7. DAMAGES. Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 8. REPRESENTATIVE. Liaison. The Liaison, or his or her successor, has the authority to assist the parties in the day-to-day performance of this Agreement, ensure compliance, and provide ongoing consultation related to the performance of this Agreement. The parties shall promptly provide Notice to each other when a Liaison's successor is appointed. The Liaison's successor shall thereafter be the Liaison for purposes of this Agreement. City Liaison: County Liaison: City of Apple Valley—(STS) Custom Mike Endres Leanne Walter Parks Superintendent Community Corrections Supervisor 7100 West 147th Street Phone Number: 651-438-8336 Apple Valley, MN 55124 Phone Number: 952-953-2300 9. AMENDMENTS. Any amendments to this Agreement are only valid when reduced to writing, specifically identified as an amendment, and signed by both parties' Authorized Representative. 10. COMPLIANCE WITH LAWS/STANDARDS. 10.1 General. City shall abide by all Federal, State or local laws, statutes, ordinances, rules, and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs, and staff for which the City is responsible. Any violation of this section is a material breach of this Agreement. No Notice of Default is required to terminate under this section. 10.2 Minnesota Law to Govern. The laws of Minnesota govern all matters related to this Agreement, without giving effect to the principles of conflict of law. Venue and jurisdiction for any litigation related to this Agreement must be in those courts located within Dakota County, State of Minnesota or U.S. District Court, District of Minnesota. 11. SEVERABILITY. 11.1 The provisions of this Agreement shall be deemed severable. If any provision of this Agreement is void, invalid, or unenforceable, it will not affect the validity and enforceability of the remainder of this Agreement unless the void, invalid or unenforceable provision substantially impairs the value of the entire Agreement with respect to either party. City of Apple Valley—(STS) Custom 12. MERGER. 12.1 This Agreement is the final expression of the agreement of the parties. This Agreement is the complete and exclusive statement of the provisions agreed to by the parties. This Agreement supersedes all prior negotiations, understandings, or agreements. There are no representations, warranties, or provisions, either oral or written, not contained herein. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below: Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. 21-489 By Approved as to form: Title Community Services Director Date of Signature /s/Jackie Warner 12/14/21 Assistant County Attorney/Date File No. KS-21-596 CITY OF APPLE VALLEY (I represent and warrant that I am authorized by law to execute this Agreement and legally bind the City). By (Please print name.) Title Date of Signature City of Apple Valley—(STS) Custom • ITEM: 4.S. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Approve Agreement with Say-A-Tree, LLC, for Project 2022-116, 2022 Right-of-Way Tree Pruning Staff Contact: Department/ Division: Jeff Lathrop, Public Works Superintendent- Streets Streets Division ACTION REQUESTED: Approve the agreement with Say-A-Tree, LLC, for Project 2022-116, 2022 Right-of-Way Tree Pruning, in the amount of$25,826.40. SUMMARY: In December 2021, quotes were requested from licensed tree contractors to prune 204 boulevard trees within the public right-of-way. Three of seven companies responded to the request for quotes. Say-A-Tree, LLC, was awarded the project with a quote of$25,826.40. Bid tab attached. City crews will be pruning the remainder of the boulevard trees within this area as time and weather allow. BACKGROUND: NA BUDGET IMPACT: Funding for the boulevard tree pruning project is included in the Public Works Streets 2022 operating budget. ATTACHMENTS: Bid / Quote Tabulation BID TABULATION PROJECT 2022-116 2022 Right-of-Way Tree Pruning No. ITEM QUANTITY SavATree BIRCH TREE Davey Tree Expert Co. 1 Tree Pruning 204 $126.60 NA NA _ Hourly Rate $335/hr $325/hr $220/hr TOTAL PRUNING CHARGE $25,826.40 $33,650.00 $76,500.00 • ITEM: 4.T. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Adopt Resolution Approving Addendum No. 1 and No. 2 for Project 2022-124, Valleywood Golf Course Improvements and Irrigation System Staff Contact: Department/ Division: Eric Carlson, Director Parks and Recreation Department ACTION REQUESTED: Adopt resolution approving Addendum No. 1 and No. 2 which amends the plans and specifications for Project 2022-124, Valleywood Golf Course Improvements and Irrigation System. SUMMARY: Staff is seeking authorization of the attached addenda for the previously issued plans and specifications for on-course improvements and the replacement of the Valleywood irrigation system consistent with the plans and specifications reviewed by the Council at the December 9, 2021, meeting. BACKGROUND: The City Council approved the plans and specifications for the Valleywood Golf Course Improvements and Irrigation System at the December 9, 2021, Council meeting. At the pre- bid meeting held on December 28, 2021, contractors were able to ask questions about the project. The addenda provides additional clarifying information in response to contractor questions, many of which are minor and do not need approval by the City Council. However, according to the City Attorney, the Council does need to approve the question raised related to Addendum No. 1 Item 2, project schedule and Addendum No. 2 Items 1 and 2, bid and bid bond submission. Based on feedback from contractors, we want to provide two alternative project schedules for contractors to consider based on their current availability. This would allow a contractor the option to complete the work in either 2022 or 2023. All of the items are listed and explained for clarification and a copy of the addenda is attached. Note: The bid opening for this project is scheduled for Wednesday, January 12, 2022, at 10:00 a.m., before the Thursday, January 13, 2022, City Council meeting. As such, Addendum No. 1 was sent to contractors on Monday, January 3, 2022, and Addendum No. 2 on Monday, January 10, 2022, so they could receive the information as they prepared their bids. The City Attorney advises that the addendum should be brought to Council for ratification. BUDGET IMPACT: N/A ATTACHMENTS: Resolution Exhibit Exhibit Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2022 - RESOLUTION APPROVING ADDENDUM NO. 1 AND NO. 2 FOR PROJECT NO. 2022-124, VALLEYWOOD GOLF COURSE IMPROVEMENTS AND IRRIGATION SYSTEM WHEREAS, the Apple Valley City Council has reviewed specifications for"Valleywood Golf Course Improvements and Irrigation System," copies of which are on file in the Office of the City Clerk, 7100 147th Street West,Apple Valley, MN; and WHEREAS, on December 9, 2021, the City Council approved receipt of bids January 12, 2022, at 10:00am; and WHEREAS, in response to questions raised by contractors at the pre-bid meeting held December 28, 2021, Addendum No. 1 and No. 2 has been prepared clarifying bid package information; and WHEREAS, a change in schedule is necessary to attract high quality contractors, Addendum No. 1 also modifies the contract schedule to allow start/completion of the project in 2022 or 2023; and WHEREAS, the City Council has reviewed Addendum No. 1 and No. 2 for Project No. 2022-124, Valleywood Golf Course Improvements and Irrigation System and believes the interest of the City would best be served by ratifying the Addenda; and NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. Addendum No. 1 and No. 2 for Project No. 2022-124, Valleywood Golf Course Improvements and Irrigation System is hereby approved for distribution and inclusion in the bid document package. 2. The City Clerk is authorized and directed to cause addition of Addendum No. 1 and No. 2 to be posted on the City's website and online at Quest Construction Data Network. ADOPTED this 13th day of January, 2022. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk NORBY Golf Course Design, Inc. Valleywood Golf Course Improvements & Irrigation System Apple Valley, MN Project 2022-124 Addendum No. 1 Date Prepared: January 3, 2022 This addendum shall apply to any and all contracts. All items included herein shall be incorporated into the bid. All Bidders shall indicate acknowledgement of this addendum on the formal quotation form. ITEM 1: Section 002113 Instructions to Bidders, paragraph 12. Experience Requirement The bid documents include conflicting language regarding contractor experience qualifications. The minimum contractor experience shall be as follows: The contractor responsible for golf course improvements shall be a Certified Member, Builder, Member, Renovation Building Member or Irrigation Contractor Member of the Golf Course Builder's Association of American (GCBAA) and shall have completed the renovation or new construction of at least three (3) nine-hole golf courses in the past five (5)years.The contractor or individual responsible for installation of the irrigation system shall have a minimum of twelve (12) years of experience installing golf course irrigation systems of comparable size including the installation of at least twelve (12)complete golf course irrigation systems of similar scope within the past three (3)years. ITEM 2: Section 002113 Instructions to Bidders, paragraph 5. Schedule Two possible schedules may be considered. Option One - 2022: The Contractor may commence work after July 5, 2022 and shall achieve substantial completion by November 18, 2022. The Contractor shall be expected to complete all irrigation and grassing by November 18, 2022 which shall be known as the Substantial Completion Date. Final completion shall be December 1, 2022 at which time all work including clean-up and repair of haul roads, etc. shall be complete. The Contractor shall construct the new driving range tee line in September or October of 2022 so that the owner may use the driving range tee during construction during the summer of 2022. Option Two - 2023: The Contractor may commence work after July 5, 2023 and shall achieve substantial completion by November 17, 2023. The Contractor shall be expected to complete all irrigation and grassing by November 17, 2023 which shall be known as the Substantial Completion Date. Final completion shall be December 1, 2023 at which time all work including clean-up and repair of haul roads, etc. shall be complete. The Contractor shall construct the new driving range tee line in September or October of 2023 so that the owner may use the driving range tee during construction during the summer of 2023. 1 ITEM 3: Owner supplied materials list — ISSUED. The Owner has purchased all proprietary irrigation whole goods including Toro heads and HDPE irrigation pipe as included in the attached list of materials. All additional materials shall be provided by the Contractor. ITEM 4: Contractor Questions: Q1: How will the areas where strip-and-relay sod be repaired or regrassed? A: The Owner shall be responsible for seeding all areas where sod is stripped/removed to relay on holes 3,15 and 17. The Owner will identify additional areas to strip sod as needed to accommodate the Contractor's schedule. Q2: How will the bid bond be submitted on Quest CDN? A: Only Surety 2000 Bid Bond will be accepted. See Project Manual's Exhibit B, page 9, number 1-Bid Bond Section for instructions. Additional information is available at SURETY 2000 www.surety2000.com or by contacting Joyce Hinkle, Surety 2000, #(800)660-3263 or Sam Stull, Surety 2000 #(952)657-7984. The Contract/eBidDoc Number is 8087972. Your Contractor ID/QuestCDN member number can be found in 'My Account' under 'Company Info'. Q:3 Please clarify Alternate 6 and 8 for hole 18. A2: The base bid will include reconstruction of the tees and cart paths, including bituminous paving, on hole 18. Alternate 6 would eliminate the asphalt paving on hole 18 as well as the asphalt paving on the range and holes 3 and 15. Alternate 8 would eliminate all work at hole 18 tees including the reconstruction of the tees, cart path base and paving. END 2 MTI DISTRIBUTING,INC. T ® Count on it. 4830 AZELIATAVE.N.,STEDISTRIBUTING, 4100 29 BROOKLYN CENTER,MN 55429 DISTRIBUTIN PHONE(763)-592-5600 a■aft►u�+talift+lafaiatt►talata FAX(763)-592-6600 VALLEYWOOD GOLF CLUB IRRIGATION SYSTEM Material Orders October 29, 2021 QTY PART# DESCRIPTIONS - PIPE (per ft.) 1,150 PE47101213.5 12" HDPE 4710 DR13.5(Billed in 50 ft lengths) 6,400 PE47100813.5 8" HDPE 4710 DR13.5(Billed in 50 ft lengths) 9,250 PE47100613.5 6" HDPE 4710 DR13.5(Billed in 50 ft lengths) 3,550 PE47100413.5 4" HDPE 4710 DR13.5(Billed in 50 ft lengths) 3,050 PE47100313.5 3" HDPE 4710 DR13.5(Billed in 50 ft lengths) 65,000 PE47100213.5 2" HDPE 4710 DR13.5(Billed in 2000 ft Coils) 1 CAPS Dust Caps for all Pipe QTY PART# DESCRIPTIONS -TORO MATERIALS TORO Lynx®CE Premium for Network GDC Decoder W/5yrs NSN 1 LX-04-5-08 (Includes 1 Tuition to Regional NSN Training), Less Gateway 1 LYNXAPPS TORO Lynx®Mobile Apps Activation, 1 Time Fee for Current NSN User. TORO Field Interface Unit w/1 Wireline& 1 Radio Line, Digital Radio(use 1 FIU-2011 DR with Lynx Smart) 4 DEC-RSP-1000-DR TORO Lynx Smart Hub, Green Fed, DC, Digital Radio Comm 75 DEC-SG-LINE TORO GDC Line Surge Protector, Decoder 2-wire Path per 1000' 1 RIU-01 TORO Radio Base Station, Single Radio (HHRI) 65 590GF-4 TORO 590 Spray,4"Pop-up,w/COM&X-Flow,w/o Nozzle 222 INF34-338-6 TORO INFINITY, 1"Body, FC, 33Noz, 80#, LSM,DCL, Green&Tee Sprinkler 503 INF34-348-6 TORO INFINITY, 1"Body, FC, 34Noz, 80#, LSM,DCL, Green&Tee Sprinkler TORO INFINITY, 1"Body, PC, 34Noz, 80#, LSM, DCL, Green&Tee 250 INF35-348-6 Sprinkler TORO INFINITY, 1"Body, PC, 34Noz, 80#, LSM, DCL, Green&Tee 25 INF35-348-6 Sprinkler Contingiency TORO INFINITY, 1"Body, PC, 35Noz, 80#, LSM, DCL, Green&Tee 12 INF35-358-6 Sprinkler 500 118-6235 TORO INFINITY Yardage Marker 8 P220G-27-04DL TORO 1" Plastic, NPT, PR Control Valve,2-wire 8 LSM-1 TORO Lynx Smart Module, 1-Station,2-Wire 58 474-00 TORO 1"Quick Coupler Valve w/SS Cover 25 474-00 TORO 1"Quick Coupler Valve w/SS Cover Contingiency 10 464-01 TORO 1"Quick Coupler Key 10 477-02 TORO 1"x1" Hose Swivel Valleywood GC-Apple Valley, MN Page 1 of 1 12/29/2021 NORBY Golf Course Design, Inc. Addendum No. 2 -Valleywood Golf Course Improvements City Project#2022-124 Apple Valley, MN Date Prepared: January 10, 2022 This addendum shall apply to any and all contracts. All items included herein shall be incorporated into the bid. All Bidders shall indicate acknowledgement of this addendum on the formal quotation form. ITEM 1: Section 002113 Instructions to Bidders, paragraph 1. Date of Receiving Bids The language is amended as follows: Bids can be received electronically online by the City of Apple Valley, Minnesota, through Quest CDN, until 10:00 A.M., CST, Wednesday, January 12, 2022 at which time they will be reviewed for the furnishing of all labor, materials and all else necessary for the completion of the work. Or Submitted in a closed and sealed envelope at Apple Valley Municipal Center 7100 147" Street W. Apple Valley Minnesota 55124 until 10:00 A.M., CST, Wednesday, January 12, 2022 at which time they will be reviewed for the furnishing of all labor, materials and all else necessary for the completion of the work. Email or PDF is not acceptable ITEM 2: Section 002113 Instructions to Bidders, paragraph 14. Bid and Contract Security Q: Please clarify how the bid bond must be submitted. A: The language is amended as follows: Surety 2000 Bid Bond will be accepted. See Project Manual's Exhibit B, page 9, number 1-Bid Bond Section for instructions. Additional information is available at SURETY 2000 www.surety2000.com or by contacting Joyce Hinkle, Surety 2000, #(800)660-3263 or Sam Stull, Surety 2000#(952)657-7984. The Contract/eBidDoc Number is 8087972. Your Contractor ID/QuestCDN member number can befound in 'My Account' under 'Company Info'. Or As outlined in Section 002113 paragraph 14 Bid and Contract Security. If you elect to send in your bid bond the original bid bond must be received in a closed and sealed envelope at Apple Valley Municipal Center 7100 147"Street W. Apple Valley Minnesota 55124 by 10:00 A.M., CST, Wednesday,January 12, 2022 Email or PDF is not acceptable 1 ITEM 3: Contractor Questions: 1. Q: On the cut and Fill, I noticed there's a small surplus of fill not accounted for(appx 220cy). I assume this can be used in various areas (ie, CP fill,tee construction, etc). Can you please confirm there will be no haul off of soil materials? A: The cut and fill surplus is intended to account for some compaction/shrinkage. In the event there is surplus material, the Golf Course Architect will work with the contractor to use the material for feature shaping or the material can be disposed of on site. No excess soil will be hauled off site. 2. Q: Can we bury on-site or use in fill areas, the demo'd "gravel" from cart path excavation? A: No. Excess construction materials such as gravel, asphalt, concrete, root flares, pipe shall be disposed of offsite at local construction landfills. 3. Q: When removing existing "asphalt" cart path, is there an area where this can be staged for loading and haul off?This is not mandatory but very helpful in keeping big trucks off the course and minimizing haul road damage. A: Materials can be staged for loading in the maintenance facility parking area. 4. Q: Does the City of Apple valley have an asphalt recycling plant where such spoils could be brought to? If not, can they refer us to one? A: Potential sources are, contractors responsible to verify: • Frattalone's Dawnway—5965 Dawn Way, Inver Grove Heights MN 55077 • Pine Bend Landfill—2495 117th St E., Inver Grove Heights MN 55077 • Dem-Con Landfill—3230 130th St W., Shakopee MN 55379 • McNamara Contracting—16700 Chippendale Ave. Rosemount, MN 55068 5. Q: Should we allow for sod to line the new cart paths. If so,what width. A: Disturbed areas along cart paths shall be sodded as indicated in paragraph 18 of the Section 01100-Special Provisions. The amount of sod and disruption shall depend on the contractor's area of disturbance. END 2 Valleywood Golf Course Addendum Explanations Addendum 1 Item#1 Clarifies experience qualifications language for contractors which had conflicting language in the plans and specifications. Addendum 1 Item#2 Modifies the contract schedule so contractors can start/complete the project in either 2022 or 2023. Based on feedback from contractors,the change in schedule is necessary to attract high quality contractors to the project. The existing schedule, under the originally approved plans and specification,was as follows: contractors could begin Monday,August 1, 2022;contractors had to construct the driving range tee line prior to freeze up in 2022;substantial completion was scheduled for, Friday,June 30, 2023;and final completion was scheduled for, Friday,July 7, 2023. Under the revised language,the contractor would be provided the option of completing the work in either 2022 or 2023. In either year,the work would commence after July 5,would need to be substantially complete by November 18, and would need final completion by December 1. The driving range tee line would need to be completed in September or October to allow for patron use of the driving range during the summer. Addendum 1 Item#3 Clarifies which products(HDPE pipe and Toro irrigation parts)the city has pre-purchased for the project. Addendum 1 Item#4 Clarification on regrassing, bid bonds,and alternates 6 and 8. Addendum 2 Item#1 Allows contractor to submit bids via Quest CDN or via hard copy in a sealed envelope. Addendum 2 Item#2 Allows contractor to submit bid bonds via Quest CDN or via hard copy in a sealed envelope. Addendum 2 Item#3 Question 1 Clarifies cut and fill questions Addendum 2 Item#3 Question 2 Clarifies no burying of material on site Addendum 2 Item#3 Questions 3 Clarifies staging area of material Addendum 2 Item#3 Question 4 Provides a list of potential disposal sites. Addendum 2 Item#3 Question 5 Clarifies sodding requirements. • ITEM: 4.U. ..... :�. Apple ii COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Approve Change Order No. 2 to Agreement with Met-Con Construction, Inc., for Project 2020- 117, Lebanon Cemetery Covered Ceremony Shelter Staff Contact: Department/ Division: Matt Saam, Public Works Director Public Works Department ACTION REQUESTED: Approve Change Order No. 2 to the agreement with Met-Con Construction, Inc., for Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter, by adding the amount of $8,353.87. SUMMARY: Attached for consideration is Change Order No. 2 that addresses requested changes to the construction documents. A brief description of the change order is as follows: 1. Landscaping — Additional cost for tree planting outside of the original bid area. Cost = $266.25 2. Additional Curb Flashing — During construction, it was apparent that the wood roof curb near the skylight would need to be extended. This extension required additional metal flashing to protect it from the elements. Cost = $665.63 3. Water Line Blow Out Items — Maintenance staff requested additional water fittings/valves to allow them to annually blow out the future water line prior to winter. Cost = $1,306.75. 4. Perimeter Layout Changes — During construction, less concrete was installed on the south side of the structure. These planned concrete areas were replaced with seed/turf, resulting in a credit. Cost = ($562.00) 5. Grading Revisions — As part of the sidewalk installation on the east side of the structure, additional grading was needed to match into the existing ground elevations in order to maintain an acceptable ADA grade. Cost = $931.88 6. Steel Plates for ADA Bench Revision — With the previous ADA bench changes, there were (3) steel plates needed to be added as base plates/shims for each bench. Cost = 684.61 7. Additional Seeding for Staging Area — During construction, there was additional area disturbed to the south of the shelter that required additional seeding in order to restore. Cost = $3,842.52 8. ADA Pedestrian Ramp — The ADA pedestrian ramp at the east end of the new eastern sidewalk had to be replaced after it was installed incorrectly based on a plan discrepancy. Cost = $1,218.23 The total is $8,353.87. The cost associated with this change reflects fair market value for the work and materials. Additionally, there are a couple of contract timeline revisions proposed. First, due to material delays this fall, the original substantial completion date of 11/17/21 was pushed back by a week to 11/24/21. There is also some minor punch list work still needed to be completed in the spring. As such, the final completion date of the project, which was originally planned to be 12/1/21, is proposed to be moved to 4/15/22. BACKGROUND: On August 12, 2021, the City Council approved Change Order No. 1 to the agreement with Met-Con Construction, Inc., for Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter, by adding the amount of$5,869.86. On April 22, 2021, the City Council acknowledged that the contractor for Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter, is Met-Con Construction, Inc. On March 11, 2021, the City Council adopted a resolution awarding a construction agreement in the amount of $569,200 to Met-Con Kato, Inc., for the project. At the same meeting, the Council also adopted a resolution accepting an additional $88,445 donation from Paul Rosenau for Lebanon Cemetery. On January 14, 2021, the City Council adopted a resolution approving plans and specifications and re-authorizing advertising for receipt of bids at 10 a.m. on February 9, 2021 for the project. On August 27, 2020, the City Council adopted a resolution rejecting the previous bids on the project due to the high cost. On July 3, 2020, the City Council adopted a resolution approving plans and specifications and authorizing advertising for receipt of bids at 2 p.m. on July 30, 2020 for the project. On January 9, 2020, the City Council approved a resolution directing the preparation of plans and specifications for Project 2020-117, Lebanon Cemetery Covered Ceremony Shelter. On November 26, 2019, the City Council adopted a resolution approving a donation agreement with Paul Rosenau for $250,000 toward the Shelter Project. BUDGET IMPACT: Project costs and funding included in the adopted 2021 operating budget are summarized as follows: Estimated Project Costs: Estimated Cost Awarded Cost Construction Cost $ 645,611.00 $ 569,200.00 Construction Contingency 42,105.00 28,466.27 Engineering, Contract Admin, Inspection, 61,000.00 65,000.00 Testing, Surveying Change Order No. 1 5,869.86 Change Order No. 2 8,353.87 Total Estimated Cost $ 748,716.00 $ 676,890.00 Estimated Project Funding: Donated Funds 374,358.00 338,445.00 Cemetery Fund 374,358.00 338,445.00 Total Estimated Funding $ 748,716.00 $ 676,890.00 ATTACHMENTS: Change Order Document(s) ®o®®e Owner:City of Apple Valley,7100 W. 147th St.,Apple Valley, MN 55124 Date 1/3/2022 eeoe eee Contractor:Met-Con Construction, Inc. 15760 Acorn Trail Faribault,MN 55021 Apple II Valet'Bond Company: United Fire&Casualty Company Bond No. 54-237482 CHANGE ORDER NO.2 Lebanon Cemetery Covered Ceremony Shelter CITY PROJECT NO.2020-117 The following items are deemed to be necessary to complete the project according to the intended design. In accordance with the terms of this Contract,the Contractor is hereby authorized and instructed to perform the work as altered by the following provisions. Description of Work Change Order No.2 provides compensation to the Contractor for various construction related revisions and Owner requested additions along with contractual timeline revisions to the project.These are all shown below. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO.2 1 Landscaping LS 1 $266.25 $266.25 2 Add'l Roof Curb Flashing LS 1 $665.63 $665.63 3 Water Line Blow Out LS 1 $1,306.75 $1,306.75 4 Perimeter Layout Changes LS 1 ($562.00) ($562.00) 5 Grading Revisions LS 1 $931.88 $931.88 6 Steel Plates for ADA Bench Revision LS 1 $684.61 $684.61 7 Add'I Seeding for Staging Area LS 1 $3,842.52 $3,842.52 8 ADA Pedestrian Ramp LS 1 $1,218.23 $1,218.23 TOTAL CHANGE ORDER NO.2 $8,353.87 2020-I I-Change Order No 2 Original Contract Amount $569,200.00 Previous Change Orders $5,869.86 This Change Order $8,353.87 Revised Contract Amount (including this change order) $583,423.73 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): 11/17/2021 Ready for final Payment (days or date): 12/1/2021 Increase of this Change Order: Substantial Completion (days or date): 7 Ready for final Payment (days or date): 135 Contract Time with all approved Change Orders: Substantial Completion (days or date): 11/24/2021 Ready for final Payment (days or date): 4/15/2022 Approved by Contractor: Approved by Owner: Met-Con Construction, Inc. CITY OF APPLE VALLEY Troy F. Zabinski, CFO Clint Hooppaw, Mayor 1/4/2022 Date Date Approved By Public Works CITY OF APPLE VALLEY YYsaAt Matt Saam, Public Works Director Attest: Pamela J. Gackstetter, City Clerk 1-4-22 Date Date cc: Contractor Bonding Company 2020-117 Change Order No 2 ILIAIA.J Document G701 ' - 2017 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Lebanon Cemetery Shelter Contract For:General Construction Change Order Number:002 5450 150th St.W Date:March 11,2021 Date:December 30,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Apple Valley Oertel Architects Met Con Companies 7100 I47th Street West 1795 St.Clair Avenue 15760 Acorn Trail Apple Valley,MN 555124 St.Paul,MN 55105 Faribault,MN 55021 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable,attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives) PR#002-Landscaping S266.25 RFC#003 -Additional Curb Flashing$665.63 RFC#004-Water Line Blow Out$1,306.75 RFC#005 -Perimeter Layout Changes($562.00) RFC#006-Grading Revisions$931.88 RFC#007-Steel Plates for ADA Bench Revision$684.61 RFC#008-Additional Seeding for Staging Area$3,842.52 RFC#010-ADA Pedestrian Ramp$1,218.23 Change Order Total=$8,353.87 The original Contract Sum was $ 569,200.00 The net change by previously authorized Change Orders $ 5,869.86 The Contract Sum prior to this Change Order was $ 575,069.86 The Contract Sum will be increased by this Change Order in the amount of $ 8,353.87 The new Contract Sum including this Change Order will be $ 583,423.73 The Contract Time will be increased by Seven(7)days. The new date of Substantial Completion will be November 24,2021 NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Oertel Architects Met Con Companies City of Apple Valley AR HITECT(Firm name) CONTRACTOR(Finn name) OWNER(Firm name) c S / I' ,fA/r/0 S ATURE `� SIGNATURE SIGNATURE Thomas Stromsodt,Principal Troy F. Zabinski, CFO Matt Saam, Public Works Director PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE 01/03/2022 1/4/2022 1-4-22 DATE DATE DATE AIA Document G701' —2017.Copyright©1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects.""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 17:56:47 ET on 01/03/2022 under Order No.2114275722 which expires on 01/02/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (389ADA45) • ITEM: 4.V. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Approve Acceptance and Final Payment on Agreement with McNamara Contracting, Inc., for Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts Staff Contact: Department/ Division: Brandon Anderson, City Engineer Public Works Department ACTION REQUESTED: Approve final payment on the agreement with McNamara Contracting, Inc., in the amount of $41,290.43; and accepting Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts as complete and authorizing final payment in the amount of$41,290.43 for a contract total of$758,423.66. SUMMARY: Attached please find the seventh and final payment for Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts. All public improvements associated with the project are complete and in acceptable condition to become public infrastructure of the City. This final payment of $41,290.43 will close the agreement with McNamara Contracting, Inc., and result in a total construction cost of$758,423.66 which is less than the contract amount by $31,627.52. BACKGROUND: On July 22, 2021, City Council approved Change Order No. 1 to agreement with McNamara Contracting, Inc. for Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts in the amount of$93,741.88. On April 22, 2021, City Council adopted Resolution 2021-85, awarding agreement for Project Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts, to McNamara Contracting Inc., in the amount of$696.309.30. On March 11, 2021, City Council approved a Joint Powers Agreement with ISD 196 to bid the joint pickleball/tennis court project with the City taking the lead on the project. On February 25, 2021, City Council adopted Resolution 2021-27, approving plans and specifications and directing receipt of sealed bids for Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts. BUDGET IMPACT: Awarded Project Costs: Awarded Cost City of Apple ISD 196 Share Valley Share Construction Cost $ 696,309.30 254,331.40 441,977.90 Change Order#1 $ 93,741.88 36,684.50 57,057.38 Contingency $298,948.82 93,984.10 204,944.72 Engineering, Contract $65,000.00 65,000.00 Admin, Inspection, Testing, Surveying Total Estimated Cost $ 1,154,000.00 450,000.00 704,000.00 Final Project Costs: Final Cost City of Apple ISD 196 Share Valley Share Construction Cost $ 664,681.78 253,184.23 411,497.55 Change Order#1 $ 93,741.88 36,684.50 57,057.38 Contingency 0 0 0 Engineering, Contract $65,500.00 65,500.00 Admin, Inspection, Testing, Surveying Total Final Cost $ 823,923.66 355,368.73 468,554.93 Project Funding: Future Capital Project $155,368.73 155,368.73 Fund Park Dedication Fund $200,000.00 200,000.00 ISD 196 $468,554.93 468,554.93 Total Estimated $823,923.66 355,368.73 468,554.93 Funding ATTACHMENTS: Final Pay Documents PAYMENT VOUCHER NO.3 AND FINAL JOHNNY CAKE RIDGE PARK WEST PICKLEBALL COURTS/ Apple EASTVIEW HIGH SCHOOL TENNIS COURT PROJECT Valley CITY PROJECT NO.2021-116 For Period:10/04/2021 Through 11/18/2021 OWNER: CONTRACTOR: City of Apple Valley Contractor Name McNamara Contracting, Inc. 7100 147th Street West Contractor Address 16700 Chippendale Ave Apple Valley, MN 55124 City,State,Zip Rosemount, MN 55068 Telephone No. 651-322-5500 Amount of Contract: $696,309.30 Change Order No. 1 $93,741.88 Total Amount $790,051.18 Contract Value Less Amount of Work 0 Less Net Account Per Resolution Certified Percent Previous Amount Number 2021-85 To Date Retained Payments Due Park Dedication Fund 2017-6810-2021116P $254,331.40 $253,184.23 $0.00 $238,778.84 $14,405.39 ISD 196 Joint Powers Agreement 2017-6810-2021116P $441,977.90 $411,497.55 $0.00 $389,299.60 $22,197.95 Change Order No.1(Park Dedication Fund) 2017-6810-2021116P $36,684.50 $36,684.50 $0.00 $34,850.28 $1,834.23 Change Order No.1(ISD 196 Joint Powers Agreements) 2017-6810-2021116P $57,057.38 $57,057.38 $0.00 $54,204.51 $2,852.87 Subtotal $790,051.18 $758,423.66 $0.00 $717,133.23 $41,290.43 Total $790,051.18 $758,423.66 $0.00 $717,133.23 $41,290.43 Date: 12-30-21 �/,otAA for Brandon Anderson City Engineer Date: 12-30-21 r Y 7 ot ccoltt,0 A____- Public Works Director •!••••� Owner: City of Apple Valley,7100 W. 147th St.,Apple Valley,MN 55124 Date: November 18,2021 ••• For Period: 10/4/2021 Through 11/18/2021 Request No: 3&Final Apple.. Contractor: McNamara Contracting,Inc., 16700 Chippendale Ave,Rosemount,MN 55068 Valley CONTRACTOR'S REQUEST FOR PAYMENT 2021 Johnny Cake Ridge Park West Pickleball Courts-Eastview High School Tennis Courts Project File No. 2021-116 SUMMARY 1 Original Contract Amount $ $696,309.30 2 Change Order-Addition $ 93,741.88 3 Change Order-Deduction $ 0.00 4 Revised Contract Amount $ $790,051.18 5 Value Completed to Date $ $758,423.66 6 Material on Hand $ $0.00 7 Amount Earned $ $758,423.66 8 Less Retainage 0% $ $0.00 9 Subtotal $ $758,423.66 10 Less Amount Paid Previously $ $717,133.23 11 Liquidated damages- $ $0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 3&Final $ $41,290.43 Approved b Contractor: ,'ed h Owner: McNa a Cpatr otleI./ /i_f f ITY OF APPLE VALLEY (.1,1 d I • . ..S Anderson,City Engineer Date \1$f 2 Date Specified Contract Completion Date: Clint Hooppaw,Mayor Date Attest:Pamela J.Gackstetter,City Clerk Date RFP3&Final Unit Previous Current Quantity Amount F,sL No- Hem Unit Quantity Unit Price Quantity Quantity To Date To Date PART I-PICKLE BALL COURTS 1 MOBILIZATION LS I S10,200,60 0.75 0,25 1.00 S 10,200.00 REMOVE BITUMINOUS PAVEMENT SY 9873 51.80 9873 0.00 9873.00 $ 17,771.40 REMOVAL OF INTERNAL CHAIN LINK FENCE AND POST 3 FOOTINGS AT COURTS(TO INCLUDE FOOTLGS FOR NET LF 951 56.25 951 0.00 951.00 S 5,943.75 4 RAIL(PERLMETER FENCE) LF 600 53.45 600 0.00 600.00 5 2,070.00 MOVE STORAGE BUILDING/REPLACE STORAGE 5 BUILDING EA I 51,300.00 1 0.00 1.00 5 I.300.00 6 REMOVE CURB AND GUTTER LF 40 518.55 103 0.00 103.00 S 1,910.65 7 REMOVE CONCRETE WALK SF 172 51.65 172 0.00 172.00 5 283.80 8 REMOVE CASTING EA 2 5100.00 2 0,00 2.00 S 200.00 9 COMMON EXCAVATION CV 6504 515.10 6504 0.00 6504.00 S 98,210.40 10 SELECT GRANULAR BORROW FOR COURT(12") TN 6731 $8.65 6731 0.00 6731.00 5 58,223.15 II AGGREGATE BASE CLASS 5 FOR TRAIL,COURT(12") TN 6731 514.75 5803.38 0.00 5803.38 S 85,599.86 12 4'DRALNTILE INCL CONNECTION TO STRUCTURE LF 245 $3.00 245 0.00 245,00 S 735,00 13 TYPE SPWTA730B WEAR FOR COURT 2.5" TN 1300 $58,00 1138,51 0.00 1138.51 S 66,033.58 14 TYPE SPWEA330C WEAR FOR COURT 2.5" TN 1300 566.00 1626.21 0.00 1626.21 5 107,329,86 IS BITUMINOUS MATFRI4.1 FOR TACK COAT GL 487 53.00 526 0.00 526.00 5 1,578.00 16 R-3067-C CSTG AND HDPE ADI RINGS EA 2 S580.00 2 0.00 2.00 S 1,160.00 17 CONDUIT 2"(LIGHTING) LF 620 57.20 670 0,00 670.00 S 4,824.00 18 IIANDHOLE EA 5 51,110.00 5 0.00 5.00 5 5,550.00 19 CONCRETE CURB AND GUTTER 11618 LF 120 430.15 81.7 0.00 81.70 5 2,463.26 20 5"CONCRETE SIDEWALK SF 1410 56.50 1448 91.60 1539.60 S 10,007.40 21 5"CONCRETE PAD(PAVILION) SF 1140 57.55 1119 6.00 1125.00 S 8,493.75 22 INSTALL CONCRETE MAINTENANCE CURB SF 1174 515,40 1301 0,00 1301.00 S 20,035.40 23 INSTALL 10'CHAIN LINK FENCE AND GATES INTERNAL) LE' 760 $74.25 400 0.00 400.00 S 29,700.00 24 10'CHAIN LINK FENCE AND GATES(PERIMETER) LF 108 S53.50 108 0.00 108.00 5 5,778.00 25 INSTALL 4'CHAIN LLNOC FENCE is 308 533.00 306 0.00 306.00 S 10,098.00 REINSTALL OF 10.COALS LLNK FENCE AND BOTTOM 26 RAIL LF 600 510.40 120 -120.00 0.00 5 - 27 PED RAMP SF 100 515.00 84 0.00 84.00 S 1,2_60.00 28 TRUNCATED DOMES SF 16 $45.00 16 0.00 16.00 S 720.00 6'CHAIN IJNK FENCE,BLACK CLAD PVC(COURT 29 DIVIDERS)PICKEL➢ALL POSTS(WITH I NET PER SET OF LF 176 S57.40 171.5 6_20 177.70 5 10,199.98 30 FOOTLNGS(PVC SLEEVES) EA 16 $918.75 16 0.00 16.00 5 14,700.00 TENNIS POSTS WITH FOOTINGS(TO INCLUDE CENTER 31 ANCHOR) EA 16 S918.75 16 0.00 16.00 S 14,700.00 32 DRILLED PIER FOOTING&ANCHOR BOLTS EA 6 S2,100.00 6 0.00 6.00 S 12,600.00 33 INLET PROTECTION EA 4 553.00 2 0.00 2.00 5 106.00 34 ACRYLIC COURT PAINTING AND STRIPING LS I S52,920.00 I 0.00 1.00 S 52,920,00 35 TRAFFIC CONTROL LS I 5390.00 I 0.00 1,00 $ 390.00 36 SAW AND SEAL BITUMINOUS SURFACE LF 1511 $1.05 1511 0.00 1511.00 5 1,586.55 PART I-PICKLE BALL COURTS S 660,681.78 CHANGE ORDER NO.I 37 ADJUST MANHOLE EA I S1,000.00 I 0.00 I 51,000.00 38 REMOVE BITUMINOUS TRAIL(NORTH SIDE OF COURTS) SY 245 51.80 245 0.00 245 $441.00 3"TYPE SPWEA330B WEAR COURSE FOR TRAIL(NORTH 39 SIDE OF COURTS) TN 58.36 558.00 58.36 0.00 58.36 53,384.68 6"AGGREGATE BASE,CL 5(FOR NORTH SIDE OF 40 COURTS) TN 135 514.75 135 0.00 135 51,991.25 INSTALL 6'CHAIN LINK FENCE,BLACK CLAD PVC 41 (COURT DIVIDER TO WALKWAY) LF 240 557.40 240 0.00 240 513,776.00 SLATTED 10'GALVANIZED FENCE ON PERIMETER OVER 42 EXISTING POSTS AND RAILS LF 1000 $52.00 1000 0.00 1000 452,000.00 TNTSALL 10'GALVANIZED FENCE ON PERMITER OVER 43 EXISTING POSTS AND RAILS LF 365 524.50 365 0.00 365 58,942.50 INSTALL WINDSCREEN ON PICKLEBALL PERIMETER 44 FENCE LF 452 516.00 452 0.00 452 57,232,00 45 4 RECEPTACLES MOUNTED ON CENTERLINE FENCE LS 1 $1,163.00 I 0.00 1 53,163.00 REMOVE AND SALVAGE 10'CHAIN LINK FENCE MESH 46 AND BOTTOM RAIL(PERIMETER FENCE) LF 525 53.45 525 0.00 525 $1,811.25 TOTAL CHANGE ORDER NO.1 593.741.88 TOTAL PART I-PICKLE BALL COURTS 5664,681.7/1 CHANGE ORDER NO.1 593,741.88 TOTAL PART I AND CHANGE ORDER NO.1 5758,423.66 PROJECT PAYMENT STATUS OWNER CITY OF APPLE VALLEY Project File No. 2021-116 CONTRACTOR McNamara Contracting,Inc. CHANGE ORDERS No. Date Description Amount 1 6/22/2021 Perimeter Fence changes $93,741.88 Total Change Orders $93,741.88 PAYMENT SUMMARY No. From To Payment Retainage Completed 1 $528,258.57 $27,803.08 $556,061.65 2 $188,874.66 $37,743.85 $754,877.08 3&Final $41,290.43 $758,423.66 Material on Hand Total Payment to Date $758,423.66 Original Contract $696,309.30 Retainage Pay No. 3&Final Change Orders $93,741.88 Total Amount Earned $758,423.66 Revised Contract $790,051.18 RFP3&Final • ITEM: 4.W. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Approve Personnel Report Staff Contact: Department/ Division: Melissa Haas, Human Resources Manager Human Resources Division ACTION REQUESTED: Approve the personnel report. SUMMARY: The employment actions attached to this memo are recommended for City Council approval. BACKGROUND: The City Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. BUDGET IMPACT: Budgeted positions. ATTACHMENTS: Personnel Report PERSONNEL REPORT City of Apple Valley January 13,2022 Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Last Base Pay Pay Pay Date Name Name Action Position Status Dept. Rate Type Scale (on or about) Accept Paid on Call Tristan Arango Resignation Fire Fighter Volunteer 1300 12/22/2021 Facility Attendant-Warming Casual, Collin Beane Rehire House Seasonal 1800 $ 12.15 Hourly C-01 12/26/2021 Facility Attendant-Warming Casual, Laden Berg Rehire House Seasonal 1800 $ 11.25 Hourly C-01 12/30/2021 Casual, Memlolani Castro Hire Sales Clerk Variable Hour 5090 $ 15.50 Hourly L-1 12/20/2021 Facility Attendant-Warming Casual, Abigail Collins Rehire House Seasonal 1800 $ 12.15 Hourly C-01 12/29/2021 Facility Attendant-Warming Casual, Allyson Collins Rehire House Seasonal 1800 $ 12.15 Hourly C-01 12/29/2021 Facility Attendant-Warming Casual, Jared Flannery Rehire House Seasonal 1800 $ 11.55 Hourly C-01 1/3/2022 Facility Attendant-Warming Casual, Erinn Habeck Rehire House Seasonal 1800 $ 11.85 Hourly C-01 1/3/2022 Full-Time, Payton Hill Hire Maintenance Worker II Regular 1600 $ 26.97 Hourly UM2 1/31/2022 Facility Attendant-Warming Casual, Nik Hochsprung Rehire House Seasonal 1800 $ 11.85 Hourly C-01 12/30/2021 Casual, Brian Horbal Hire Sales Clerk Variable Hour 5090 $ 15.50 Hourly L-1 1/3/2022 Casual, Kristin Johnson Hire Sales Clerk Variable Hour 5090 $ 15.50 Hourly L-1 1/3/2022 Facility Attendant-Warming Casual, Catherine Kieffer Rehire House Seasonal 1800 $ 11.85 Hourly C-01 1/7/2022 Facility Attendant-Warming Casual, Faith Kim Rehire House Seasonal 1800 $ 11.85 Hourly C-01 1/3/2022 Casual, Jaycee Lentz Rehire Ice Resurfacer Seasonal 5205 $ 15.40 Hourly C-06 12/30/2021 Full-Time, Tanner Lother Hire Maintenance Worker I Regular 1600 $ 25.14 Hourly UMI 1/18/2022 Accept Paid on Call Nathan Neis Resignation Fire Fighter Volunteer 1300 FIRE 12/14/2021 Casual, Gwyn Schultz Hire Recreation Program Leader Variable Hour 1800 $ 11.80 Hourly C-02 1/7/2022 Facility Attendant-Warming Casual, Benjamin VandeBerg Hire House Seasonal 1800 $ 11.25 Hourly C-01 1/3/2022 Facility Attendant-Warming Casual, Elias Watson Hire House Seasonal 1800 $ 11.25 Hourly C-01 12/29/2021 The Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. Page 1 of 1 • ITEM: 4.X. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Consent Agenda Description: Approve Claims and Bills Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: Approve claims and bills. SUMMARY: Attached for City Council review and approval are check registers for recent claims and bills. BACKGROUND: N/A BUDGET IMPACT: Check registers dated December 15, 2021, December 22, 2021, and December 28, 2021, in the amounts of$1,533,896.05, $2,592,809.45, and $718,312.43, respectively. ATTACHMENTS: Claims and Bills Claims and Bills Claims and Bills R55CKR2 L__.3101 CITY OFAPPL. LEY 12/15/21 ,5:03 Council Check Register by GL Page- 1 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25455 12/17/2021 101557 AAA CREDIT SCREENING SVCS LLC 60,00 SAHOLT AND WALKER BACKGROUND 408503 20882 1200.6235 CONSULTANT SERVICES POLICE MANAGEMENT 60.00 25456 12/17/2021 100101 ACE HARDWARE 2.19- DISCOUNT 408850 101310937711 1340.6333 GENERAL-CASH DISCOUNTS FIRE BLDG&GROUNDS MNTC 21.95 CLEANING SUPPLIES-OSLOS 408850 101310937711 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 3.99- DISCOUNT 408852 101310937791 1340.6333 GENERAL-CASH DISCOUNTS FIRE BLDG&GROUNDS MNTC 39.99 VACUUM FILTER 408852 101310937791 1340.6211 SMALL TOOLS&EQUIPMENT FIRE BLDG&GROUNDS MNTC 1.50- DISCOUNT 408851 101310937801 1330.6333 GENERAL-CASH DISCOUNTS FIRE OPERATIONS 15.00 CO DETECTOR 408851 101310937801 1330.6211 SMALL TOOLS&EQUIPMENT FIRE OPERATIONS 7.29- DISCOUNT 408495 101340937251 5210.6333 GENERAL-CASH DISCOUNTS ARENA 1 BUILDING MAINTENANCE 72.93 AVSA TOOLS AND EQUIPMENT 408495 101340937251 5210.6211 SMALL TOOLS&EQUIPMENT ARENA 1 BUILDING MAINTENANCE 6.67- DISCOUNT 408853 101340937621 5210.6333 GENERAL-CASH DISCOUNTS ARENA 1 BUILDING MAINTENANCE 66.75 AVSA HOSE,WATER,MISC 408853 101340937621 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 1.69- DISCOUNT 408494 101360937101 1725.6333 GENERAL-CASH DISCOUNTS PARK ICE RINK MAINTENANCE 16.97 SUPPLIES FOR RINK BOARDS 408494 101360937101 1725.6229 GENERAL SUPPLIES PARK ICE RINK MAINTENANCE 9.49- DISCOUNT 408584 101390937781 1610.6333 GENERAL-CASH DISCOUNTS STREET/BOULEVARD REPAIR&MNTC 94.95 STR SCOOPS,PROPANE 408584 101390937781 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 2.89- DISCOUNT 408583 101400937031 5380.6333 GENERAL-CASH DISCOUNTS SEWER LIFT STN REPAIR&MNTC 28.97 MIX FLUSH VALVE PARTS 408583 101400937031 5380.6215 EQUIPMENT-PARTS SEWER LIFT STN REPAIR&MNTC 321.80 25457 12/1712021 100389 ALPHAGRAPHICS 59,28 BUSINESS CARDS-ALEX SHARPE 408470 117515 1100.6239 PRINTING DEV MANAGEMENT 80.00 ELVIN-BUSINESS CARDS 408471 117522 1320.6239 PRINTING FIRE PREVENTION 139.28 25458 12/17/2021 100709 BATTERIES PLUS BULBS 442_36 HAYES EDGER BATTERY REPLACEMEN 408432 P46287121 5270.6216 VEHICLES-TIRES/BATTERIES ARENA 2 EQUIPMENT MAINT-HAYES 442.36 25459 12/17/2021 100054 BAUER BUILT INC 582.40 TIRES#228 408444 180276509 1765.6216 VEHICLES-TIRES/BATTERIES PARK EQUIPMENT MAINTENANCE 582.40 TIRES 3/4 TON TRUCKS 408444 180276509 5345.6216 VEHICLES-TIRES/BATTERIES WATER EQUIP/VEHICLE/MISC MNTC 1,007.68 TIRES#231&235 408445 180276706 1765.6216 VEHICLES-TIRES/BATTERIES PARK EQUIPMENT MAINTENANCE 582.40 TIRES 3/4 TON TRUCKS 408443 180276768 1630.6216 VEHICLES-TIRES/BATTERIES STREET EQUIPMENT MAINTENANCE 2,754.88 25460 12/17/2021 151643 BKJ LAND COMPANY 17.887.41 133RD ST CT STORM REPAIR 408811 21111 5505.6810 2021102G CONSTRUCTION IN PROGRESS STORM DRAIN MNTC/RPR/SUMPS R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/15/202110:55:03 Council Check Register by GL Page- 2 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25460 12/17/2021 151643 BKJ LAND COMPANY Continued... 17,887.41 25461 12/1712021 142897 BOLTON&MENK,INC. 20,332.00 CONSTRUCTION ADMIN 408447 279339 4502.6235 2020134G CONSULTANT SERVICES IMPROVEMENTS-ASSESSED 5,828.50 CONSTRUCTION STAKING 408450 279340 2027,6235 2021101R CONSULTANT SERVICES ROAD ESCROW 1,260.50 CONSTRUCTION STAKING 408451 279341 2027.6235 2021105R CONSULTANT SERVICES ROAD ESCROW 3,924.00 PRELIMINARY SURVEY 408452 279342 2027.6235 2022101G CONSULTANT SERVICES ROAD ESCROW 31,345.00 25462 12/17/2021 150664 CLUB PROPHET SYSTEMS 225.00 CLUB PROPHET POS F&B 408442 2174DEC21 5122.6249 OTHER CONTRACTUAL SERVICES GOLF FOOD/BEVERAGE 546,00 CLUB PROPHET POS GOLF 408442 2174DEC21 5115.6249 OTHER CONTRACTUAL SERVICES GOLF PRO SHOP 771.00 25463 12/17/2021 101431 COMMUNITY HEALTH CHARITIES 111.00 CHARITABLE GIVING 408215 120821811369 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 111.00 25464 12/17/2021 123296 CTM SERVICES 141 07 AVSA OLY FLOOD TOWELS 408838 5111 5215.6229 GENERAL SUPPLIES ARENA 1 EQUIPMENT MAINTENANCE 141 07 25465 12/17/2021 100116 CUSHMAN MOTOR CO INC 609.24 HOLDER BLOWER SKID SHOES 408559 204526 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 609.24 25466 12/17/2021 100129 DAKOTA AWARDS&ENGRAVING 163.50 6 CONTEST PLAQUES(FPW) 408484 23794 1320.6281 UNIFORM/CLOTHING ALLOWANCE FIRE PREVENTION 84.00 28 PAR TAGS 408483 23795 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 247.50 25467 12/17/2021 100128 DAKOTA ELECTRIC ASSOCIATION 3,434.17 ELECTRICAL FOR SIGNAGE 408439 181335 4427.6735 2021177P CAPITAL OUTLAY-OTHER IMPROVEME VALLEYWOOD IMPROVEMENTS 58.80 COBBLESTONE LK PKY LIGHTS NOV 408543 200001029347NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 125.33 QUARRY POINT TOWER GAS NOV 408544 200001036888NOV 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 — — 698.46 VALLEY WOOD MAINT BLDG GAS NOV 408619 200001349950N0V 5145.6255 UTILITIES-ELECTRIC GOLF SHOP BUILDING MAINTENANCE 21 155.05 VALLEYWOOD RESERVOIR GAS NOV 408545 200002244242NOV '320.6255 UTILITIES-ELECTRIC WATER WELL/BOOS— 'STN MNT/RPR R55CKR2 L. ..S101 CITY OFAPPL .EY 12/15/2L .5:03 Council Check Register by GL Page- 3 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25467 12/17/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 21 650.84 15298 153RD ST LIGHTS NOV 408546 200003155579NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 66.24 15850 DRAWSTONE TRL LIGHTS NOV 408547 200003472842NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 61.21 15750 DIAMOND WAY LIGHTS NOV 408548 200003472859NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 45.96 15745 COBBLESTONE LK PKY NOV 408549 200003472867NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 20.89 158TH/DIAMOND PATH MOONLIGHT N 408550 200003472875NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 72.79 COBBLESTONE LK PKY LIGHTS NOV 408551 200003571957NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 1,829.05 VALLEYWOOD CLUBHOUSE GAS NOV 408552 200004985206NOV 5110.6255 UTILITIES-ELECTRIC GOLF CLUBHOUSE BUILDING 21 29.67 COBBLESTONE N 2ND ADDITION NOV 408553 200005663463NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 38.04 COBBLESTONE N 2ND ADDITION NOV 408554 200005663471 NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 7,286.50 25468 12117/2021 117768 DRAIN PRO PLUMBING 370.00 PLUMBING DRAIN CLEARING 408524 65165 1930.6266 REPAIRS-BUILDING REDWOOD POOL 370.00 25469 12/17/2021 101365 ECM PUBLISHERS INC 285.00 FALL WINE SALE AD 408823 858713 5005.6239 PRINTING LIQUOR GENERAL OPERATIONS 300.00 FALL WINE SALE AD 408822 858714 5005.6239 PRINTING LIQUOR GENERAL OPERATIONS 770.00 PRE-THANKSGIVING SALE AD 408831 863056 5005.6239 PRINTING LIQUOR GENERAL OPERATIONS 38.25 LEGAL AD-ORDINANCE 1100 408466 863958 1015.6239 PRINTING CITY CLERK/ELECTIONS 161.50 LEGALA-FARQUARLAKEAERATION 408467 865244 1015.6239 PRINTING CITY CLERK/ELECTIONS 153.00 LEGAL AD-SCOUT LAKE AERATION 408468 865245 1015.6239 PRINTING CITY CLERK/ELECTIONS 357.00 LEGAL AD-ALIMAGNET AERATION 408469 865246 1015.6239 PRINTING CITY CLERK/ELECTIONS 51.00 PH-UHAUL APPLE VALLEY ADDITION 408424 865247 4502.6239 2021175G PRINTING IMPROVEMENTS-ASSESSED 29.75 LEGAL AD-AMEND FEE SCHEDULE 408422 865248 1015.6239 PRINTING CITY CLERK/ELECTIONS 42.50 LEGAL AD-AMEND ZONING ORD. 408423 865249 1015.6239 PRINTING CITY CLERK/ELECTIONS 2,188.00 25470 12/17/2021 100176 FLEXIBLE PIPE TOOL COMPANY 1,172.05 BULLDOG NOZZLE REPAIR JETTER 408813 26863 5375.6265 REPAIRS-EQUIPMENT SEWER MAINTENANCE AND REPAIR R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/15/202110:55:03 Council Check Register by GL Page- 4 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25470 12/17/2021 100176 FLEXIBLE PIPE TOOL COMPANY Continued... 1,172.05 25471 12/17/2021 100177 FLUEGEL ELEVATOR INC 55.92 SEEDING COVER 408535 2732758 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 55.92 25472 12/17/2021 116265 GALETON 216.99 REPLACEMENT WINTER GLOVES 408573 2631187 5305.6229 GENERAL SUPPLIES WATER MGMT/REPORT/DATA ENTRY 216.99 REPLACEMENT WINTER GLOVES 408573 2631187 5375.6229 GENERAL SUPPLIES SEWER MAINTENANCE AND REPAIR 217.01 REPLACEMENT WINTER GLOVES 408573 2631187 5505.6229 GENERAL SUPPLIES STORM DRAIN MNTC/RPR/SUMPS 650.99 25473 12/17/2021 100209 GOPHER STATE ONE-CALL 202.95 GSOC LOCATES NOV 408455 1110182 5305.6399 OTHER CHARGES WATER MGMT/REPORT/DATA ENTRY 202.95 GSOC LOCATES NOV 408455 1110182 5365.6399 OTHER CHARGES SEWER MGMT/REPORTS/DATA ENTRY 202.95 GSOC LOCATES NOV 408455 1110182 5505.6399 OTHER CHARGES STORM DRAIN MNTC/RPR/SUMPS 608.85 25474 12/17/2021 100491 GREATER TWIN CITIES UNITED WAY 10.00 CHARITABLE GIVING 408211 120821811365 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 10.00 25475 12/17/2021 134313 HEYNE,RICHARD J 79.46 NOV MILEAGE-HEYNE 408486 20211130 5005.6277 MILEAGE/AUTO ALLOWANCE LIQUOR GENERAL OPERATIONS 79.46 25476 12/17/2021 136639 IMPACT PROVEN SOLUTIONS 31.69 UB PERFORATED PAPER 408479 156087 5305.6239 PRINTING WATER MGMT/REPORT/DATA ENTRY 31.70 UB PERFORATED PAPER 408479 156087 5365.6239 PRINTING SEWER MGMT/REPORTS/DATA ENTRY 658.08 UB PRINT/MAIL BILLS NOV 408479 156087 5365.6249 OTHER CONTRACTUAL SERVICES SEWER MGMT/REPORTS/DATA ENTRY 658.09 UB PRINT/MAIL BILLS NOV 408479 156087 5305.6249 OTHER CONTRACTUAL SERVICES WATER MGMT/REPORT/DATA ENTRY 1,226.62 UB POSTAGE NOV 408479 156087 5365.6238 POSTAGE/UPS/FEDEX SEWER MGMT/REPORTS/DATA ENTRY 1,226,63 UB POSTAGE NOV 408479 156087 5305.6238 POSTAGE/UPS/FEDEX WATER MGMT/REPORT/DATA ENTRY 3,832.81 25477 12/17/2021 100242 INDEPENDENT BLACK DIRT CO 42.00 BLACK DIRT FOR H2O MAIN REPAIR 408515 31492 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 42_00 25478 12/17/2P^^ 103314 INNOVATIVE OFFICE SOLUTIONS R55CKR2 L. _.3101 CITY OFAPPL .EY 12/15/2L ,5:03 Council Check Register by GL Page- 5 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25478 12/17/2021 103314 INNOVATIVE OFFICE SOLUTIONS Continued... 1,439.15 OFFICE CHAIRS(3)FOR STAFF 408828 CIN104250 1510.6211 SMALL TOOLS&EQUIPMENT PW ENGINEERING&TECHNICAL 34.56 CALENDAR,PENS,MARKERS 408537 IN3579875 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 55.19 FORKS&CAN LINERS 408821 IN3581473 5095.6229 GENERAL SUPPLIES LIQUOR#3 OPERATIONS 9.98 PENS 408542 IN3582786 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 1,538_88 25479 12/17/2021 150659 JOHNSON LITHO GRAPHICS OF EAU 6,145.00 CITY NEWS PRINTING-WINTER 2021 408485 103854 1700.6239 PRINTING PARK&RECREATION MANAGEMENT 6,145.00 25480 12117/2021 145176 KIESLER'S POLICE SUPPLY INC 1,531.50 THREE GLOCK PISTOLS 408460 IN177415 1200.6399 OTHER CHARGES POLICE MANAGEMENT 1,531.50 25481 12117/2021 142046 KILLMER ELECTRIC COMPANY,INC. 110,912.50 '21 ST&UTIL IMPV PMT#5 408810 20211201 4752.6810 2021101G CONSTRUCTION IN PROGRESS ELECTRIC FRANCHSE 110,912.50 25482 12/17/2021 100279 LAW ENFORCEMENT LABOR SERVICES 571.50 SERGEANT(#243)UNION DUES 408209 120821811363 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,476.50 POLICE(#71)UNION DUES 408209 120821811363 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 3,048.00 25483 12/17/2021 154223 LIGHTNING DISPOSAL,INC. 217.06 STREETS YARD DUMPSTER 408429 235709 1600.6240 CLEANING SERVICE/GARBAGE REMOVSTREET MANAGEMENT 217.06 PARKS YARD DUMPSTER 408429 235709 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 434.12 25484 12117/2021 100289 LOGIS 605.00 LOGIS AVOLVE SERVER HOST DEC 408833 51234 1400.6399 OTHER CHARGES INSPECTIONS MANAGEMENT 3,535.00 LOGIS PIMS/EPERMITS DEC 408833 51234 1400.6399 OTHER CHARGES INSPECTIONS MANAGEMENT 20,035.00 LOGIS SERV/INTERNET DEC 408833 51234 1040.6399 OTHER CHARGES DATA PROCESSING 904_00 LOGIS SERV/INTERNET DEC 408833 51234 5005.6399 OTHER CHARGES LIQUOR GENERAL OPERATIONS 375.00 LOGIS SERV/INTERNET DEC 408833 51234 5205.6399 OTHER CHARGES ARENA 1 MANAGEMENT 7,857.00 LOGIS SERV/INTERNET DEC 408833 51234 5365.6399 OTHER CHARGES SEWER MGMT/REPORTS/DATA ENTRY 7,857.00 LOGIS SERV/INTERNET DEC 408833 51234 5305.6399 OTHER CHARGES WATER MGMT/REPORT/DATA ENTRY 41,168.00 25485 12/17/2021 100299 MASTER ELECTRIC CO 1,295.00 LOCK REPAIR AT JCAC 408434 SD37452 1730.6266 REPAIRS-BUILDING PARK BUILDING MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/15/202110:55:03 Council Check Register by GL Page- 6 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier I Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25485 12117/2021 100299 MASTER ELECTRIC CO Continued... 474.00 WELL#5 MAINTENANCE 408576 SD37637 5325.6265 REPAIRS-EQUIPMENT WATER TREATMENT FCLTY MNTC/RPR 474.00 WELL#6 MAINTENANCE 408577 SD37638 5320.6265 REPAIRS-EQUIPMENT WATER WELL/BOOSTER STN MNT/RPR 474.00 WELL#7 MAINTENANCE 408579 SD37639 5320.6265 REPAIRS-EQUIPMENT WATER WELL/BOOSTER STN MNT/RPR 474.00 WELL#9 MAINTENANCE 408581 SD37640 5320.6265 REPAIRS-EQUIPMENT WATER WELL/BOOSTER STN MNT/RPR 474.00 WELL#10 MAINTENANCE 408580 SD37641 5320.6265 REPAIRS-EQUIPMENT WATER WELL/BOOSTER STN MNT/RPR 3,665.00 25486 12/17/2021 100302 MCNAMARA CONTRACTING INC 8,897.08 '21 STREET MAINT PMT#3 408812 20210921 2027.6810 2021105R CONSTRUCTION IN PROGRESS ROAD ESCROW 56,681.18 '21 STREET MAINT PMT#3 408812 20210921 2027.6810 2021101S CONSTRUCTION IN PROGRESS ROAD ESCROW 1,806.43 '21 STREET MAINT PMT#3 408812 20210921 5305.6269 2021105R REPAIRS-OTHER WATER MGMT/REPORT/DATA ENTRY 67,384.69 25487 12/17/2021 100311 METRO COUNCIL ENVIRONMENTAL SV 2,485.00- RETAINED%NOVEMBER 408818 20211120 5301.4999 MISC UTILITY REVENUE WATER&SEWER FUND REVENUE 248,500.00 SAC COLLECTION NOVEMBER 408818 20211120 5301.4922 SAC COLLECTIONS WATER&SEWER FUND REVENUE 246,015.00 25488 12/17/2021 138249 MINNESOTA ENVIRONMENTAL FUND 10.00 CHARITABLE GIVING 408203 1208218113613 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 10.00 25489 12/17/2021 100348 MTI DISTRIBUTING CO 1,560.05 218 PARTS SCREENER ASMBLY 408435 132930100 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 141.77 MOWER PARTS 408488 133084900 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 128.20 MOWER PARTS-FILTER 408830 133084901 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 174.94 MOWER PARTS-FILTER 408829 133105300 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 2,004.96 25490 12/17/2021 146279 NORDIC MECHANICAL SERVICES,I 689.00 ASF1 HVAC PREVENTATIVE MAINT. 408427 62793 1340.6266 REPAIRS-BUILDING FIRE BLDG&GROUNDS MNTC 856.56 AFS1 AMPLIFIER&AIR SENSOR 408428 62944 1340.6266 REPAIRS-BUILDING FIRE BLDG&GROUNDS MNTC 1,545.56 25491 12/17/2021 111219 NORTHERN SAFETY TECHNOLOGY INC 15,262.47 SQUAD 902 CHANGEOVER 408825 53259 7400.1750.048 TRANSPOR EQUIPMNT-4 YRS VERF-POLICE BAL SHEET 15,262.47 25492 12/17/2021 135249 NORTHLAND TRUST SERVICES,INC. 750.00 PAYING AGT FEE'21 FACILITYCIP 408678 20210910 '422.7010 2021173G BOND ISSUANCE EXPENSES '21 FACILITIES CIP R55CKR2 L, _6101 CITY OFAPPL. .LEY 12/15/2L J5:03 Council Check Register by GL Page- 7 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25492 12/17/2021 135249 NORTHLAND TRUST SERVICES,INC. Continued... 750.00 25493 12/1712021 118834 OPEN YOUR HEARTS 41.00 CHARITABLE GIVING 408201 1208218113611 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 41.00 25494 12/17/2021 154497 PETERSON,KRAIG 42.00 NOV MILEAGE-PETERSON 408514 20211130 5005.6277 MILEAGE/AUTO ALLOWANCE LIQUOR GENERAL OPERATIONS 42.00 25495 12/17/2021 100385 PLUNKETT'S PEST CONTROL INC 81.12 PEST CONTROL 408525 7347439 1900.6249 OTHER CONTRACTUAL SERVICES AV COMMUNITY CENTER 81.12 25496 12/17/2021 100395 R&R SPECIALTIES OF WISCONSIN INC 68.80 AVSA OLY BLADE SHARPENING 408492 743881N 5215.6265 REPAIRS-EQUIPMENT ARENA 1 EQUIPMENT MAINTENANCE 68.80 25497 12/17/2021 143628 SCHWICKERT'S TECTA AMERICA 100.00 RPZ BACKFLOW ANNUAL TESTING 408506 S500006588A 5390.6249 OTHER CONTRACTUAL SERVICES SWR EQUIP/VEHICLE MISC MNTC/RP 100.00 RPZ BACKFLOW ANNUAL TESTING 408518 S500006589A 5320.6249 OTHER CONTRACTUAL SERVICES WATER WELUBOOSTER STN MNT/RPR 172.00 WTP GARAGE HEATERS&FOUNTAIN 408517 S510086262 5325.6266 REPAIRS-BUILDING WATER TREATMENT FCLTY MNTC/RPR 172.00 WTP GARAGE HEATERS&FOUNTAIN 408517 S510086262 5390.6266 REPAIRS-BUILDING SWR EQUIPNEHICLE MISC MNTC/RP 544.00 25498 12/17/2021 100437 SHERWIN WILLIAMS CO 185,83 AVSA PAINT FOR TOUCHUPS 408837 36182 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 185.83 25499 12/17/2021 100439 SKB ENVIRONMENTAL 7.331.25 CATCH BASIN WASTE DISPOSAL 408570 R176126 5505.6240 CLEANING SERVICE/GARBAGE REMOVSTORM DRAIN MNTC/RPR/SUMPS 7,331.25 25500 12/17/2021 100524 SOUTHERN GLAZERS WINE AND SPIRITS OF MN 1,737,35 LIQ#1 00050756 408726 2151357 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 7,169.25 LIQ#1 00050756 408727 2151358 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 817,55- CMLIQ#1 00050756 408728 2151358 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,217.00 WINE#1 00050756 408779 2151359 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 405,09 LIQ#1 00050756 408781 2151360 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1.530,23 WINE#1 00050756 408782 2151361 5015.6520 WINE LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/15/202110:55:03 Council Check Register by GL Page- 8 Council Check Register by Invoice 8 Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25500 12/17/2021 100524 SOUTHERN GLAZERS WINE AND SPIRITS OF MN Continued... 206.00 LIQ#1 00050756 408729 2151362 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 351.40 LIQ#1 00050756 408730 2151363 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 472.00 WINE#1 00050756 408780 2151364 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 428.19 LIQ#1 00050756 408731 2151365 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 672.40 LIQ#1 00050756 408732 2151366 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 191.00 WINE#1 00050756 408791 2151368 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 496.00 WINE#2 00050756 408792 2151368 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 26.00 TAX#2 00050756 408749 2151369 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 13275 LIQ#2 00050756 408750 2151370 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 143.95 LIQ#2 00050756 408751 2151371 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,228.55 LIQ#2 00050756 408752 2151372 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,425.50 LIQ#3 00050756 408759 2151387 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,428.00 LIQ#3 00050756 408758 2151388 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 405,09 LIQ#3 00050756 408760 2151389 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 960.00 WINE#3 00050756 408798 2151390 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 206.00 LIQ#3 00050756 408761 2151391 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 88.00 WINE#3 00050756 408799 2151393 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 78.00 TAX#3 00050756 408762 2151394 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 2,363.66 LIQ#3 00050756 408763 2151395 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2,298.38 LIQ#1 00050756 408733 2155133 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 201.50- CMLIQ#1 00050756 408734 2155133 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 347.50 LIQ#1 00050756 408738 2155134 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 341.98 LIQ#1 00050756 408739 2155135 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2,707.00 LIQ#1 00050756 408740 2155136 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,075.30- CMLIQ#1 00050756 408741 2155136 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 341.98 LIQ#1 00050756 408742 2155137 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 180.00 LIQ#1 00050756 408743 2155138 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 802.00 WINE#1 00050756 408785 2155139 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 120.00- CMWINE#1 00050756 408786 2155139 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 111.00 LIQ#1 00050756 408745 2155140 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 270.00 LIQ#1 00050756 408744 2155141 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 158.98 LIQ#1 00050756 408746 2155143 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,224.00 WINE#1 00050756 408787 2155144 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 60.00- CMWINE#1 00050756 408788 2155144 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 101.23 LIQ#1 00050756 408747 2155146 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 101.23- CMLIQ#1 00050756 408748 2155146 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,551.64 LIQ#2 00050758 408753 2155147 605S.6_5_1.0 LLQUOR LIQUOR-#2STOCK-PURCHASES 592.00 WINE#2 00050756 408794 2155148 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 462.00 WINE#2 00050756 408795 2155149 5055.6520 WINE LIQUOR#2 STOCK PURCHASES R55CKR2 Lk_„.6101 CITY OF APPL. .LEY 12/15/2L J5:03 Council Check Register by GL Page- 9 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25500 12/17/2021 100524 SOUTHERN GLAZERS WINE AND SPIRITS OF MN Continued... 80.00 LIQ#2 00050756 408757 2155150 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 251.93 WINE#2 00050756 408796 2155151 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 5,070_32 LIQ#3 00050756 408765 2155160 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 341.98 LIQ#3 00050756 408766 2155161 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,140.45 LIQ#3 00050756 408769 2155163 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 287.90- CMLIQ#3 00050756 408770 2155163 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 341.98 LIQ#3 00050756 408771 2155164 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 180.00 LIQ#3 00050756 408772 2155165 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 180.00- CMLIQ#3 00050756 408773 2155165 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 270.00 LIQ#3 00050756 408774 2155166 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,455.00 WINE#3 00050756 408801 2155167 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 166.82 LIQ#3 00050756 408775 2155168 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,040.00 WINE#3 00050756 408802 2155170 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 55.50 LIQ#3 00050756 408776 2155171 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 158.98 LIQ#3 00050756 408777 2155172 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 13,264.93 LIQ#1 00050756 408735 5077822 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2,054.30- CMLIQ#1 00050756 408736 5077822 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 483.00 LIQ#1 00050756 408737 5077823 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,354.00 WINE#1 00050756 408783 5077824 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 64.00 WINE#1 00050756 408784 5077825 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,074.21 LIQ#2 00050756 408754 5077826 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 152.91- CMLIQ#2 00050756 408755 5077826 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 88.65 LIQ#2 00050756 408756 5077827 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 812.00 WINE#2 00050756 408793 5077828 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 9,870.85 LIQ#3 00050756 408767 5077883 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 304.34- CMLIQ#3 00050756 408768 5077883 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 74.25- CMLIQ#1 00050756 408724 9300111A 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 214.50 WINE#1 USED CREDIT TWICE 00050756 408778 9307554A 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 49.50 WINE#2 USED CREDIT TWICE 00050756 408790 9307555 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 121.00 WINE#3 USED CREDIT TWICE 00050756 408797 9307559A 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 143.95- CMLIQ#1 00050756 408725 9323534 5015,6510 LIQUOR LIQUOR#1 STOCK PURCHASES 96.00- CMLIQ#3 00050756 408764 9328149 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 246.00- CMWINE#3 00050756 408800 9328150 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 192.00- CMWINE#1 00050756 408789 9330971 5015,6520 WINE LIQUOR#1 STOCK PURCHASES 66,693.47 25501 12/17/2021 121897 TERMINAL SUPPLY CO 22.52 MISC.WIRE&CONNECTORS 408540 9384000 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 22.52 MISC.WIRE&CONNECTORS 408540 9384000 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 22.52 MISC.WIRE&CONNECTORS 408540 9384000 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/15/202110:55:03 Council Check Register by GL Page- 10 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25501 12/17/2021 121897 TERMINAL SUPPLY CO Continued... 22.52 MISC.WIRE&CONNECTORS 408540 9384000 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 22.52 MISC.WIRE&CONNECTORS 408540 9384000 5345.6215 EQUIPMENT-PARTS WATER EQUIP/VEHICLE/MISC MNTC 22.53 MISC.WIRE&CONNECTORS 408540 9384000 5390.6215 EQUIPMENT-PARTS SWR EQUIP/VEHICLE MISC MNTC/RP 135.13 25502 12/17/2021 111055 THE RETROFIT COMPANIES INC 675.00 ELECTRONICS DISPOSAL 408433 1141991N 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 675.00 25503 1211712021 100468 THE TESSMAN COMPANY 205,96 SIDEWALK ICE MELT 408449 53476201N 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 205.96 SIDEWALK ICE MELT 408449 S3476201N 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 205.96 SIDEWALK ICE MELT 408449 53476201N 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 205.96 SIDEWALK ICE MELT 408449 53476201N 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 14.16- LIQ USE TAX 408449 S3476201N 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 14.16 LID USE TAX 408449 53476201N 5005.6229 GENERAL SUPPLIES LIQUOR GENERAL OPERATIONS 205.96 SIDEWALK ICE MELT 408449 53476201N 5005.6229 GENERAL SUPPLIES LIQUOR GENERAL OPERATIONS 1,029.80 25504 12/17/2021 101123 USA BLUE BOOK 559.64 CURB BOX MAINT.SUPPLIES 408572 803512 5335.6229 GENERAL SUPPLIES WATER FINAL/SERVICE ON OFF/LOC 559.64 25505 12/17/2021 155941 UTILITY CONSULTANTS INC 1,260.00 WATER SYSTEM TESTING OCT/NOV 408575 110942 5325.6249 OTHER CONTRACTUAL SERVICES WATER TREATMENT FCLTY MNTC/RPR 1,260.00 25506 12/1712021 100496 VAN PAPER CO 98.56 BAGS#2 00008795 408803 59569800 5065.6229 GENERAL SUPPLIES LIQUOR#2 OPERATIONS .99- DISCT#2 00008795 408804 59569800 5065.6333 GENERAL-CASH DISCOUNTS LIQUOR#2 OPERATIONS 97.57 25507 12/17/2021 100081 WASTE MANAGEMENT-BURNSVILLE LANDFILL 351.99 PARK TRASH 408475 3541202911 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 351.99 25508 12/17/2021 137762 WSB&ASSOCIATES INC 847.50 STORMWATER MONITORING STATION 408562 R01672800010 5505.6249 2020151D OTHER CONTRACTUAL SERVICES STORM DRAIN MNTC/RPR/SUMPS 847.50 R55CKR2 L._.d101 CITY OFAPPL .LEY 12/15/2i. J5:03 Council Check Register by GL Page- 11 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25509 12/1712021 100529 ZINCK,JAMES R Continued... 44.80 NOV MILEAGE-ZINCK 408827 20211130 5105.6277 MILEAGE/AUTO ALLOWANCE GOLF MANAGEMENT 44.80 311117 12/15/2021 143651 ACROSS THE STREET PRODUCTIONS 1,039.50 (3)BLUECARD TRAINING SUBSCRIP 408832 INV09795 1310.6275 SCHOOLS/CONFERENCES/EXP LOCAL FIRE TRAINING 1,039.50 311118 12/15/2021 100089 ADVANCE AUTO PARTS 116.97 APPARATUS PARTS 408472 1594385644 1350.6229 GENERAL SUPPLIES FIRE VEHICLE MAINTENANCE 5.50 APPARATUS PARTS 408426 1594-385958 1350.6229 GENERAL SUPPLIES FIRE VEHICLE MAINTENANCE 137.95 TIE DOWNS(DAN) 408521 1594386569 1350.6229 GENERAL SUPPLIES FIRE VEHICLE MAINTENANCE 137.95- RETURN TIE DOWNS(DAN) 408520 1594386571 1350.6229 GENERAL SUPPLIES FIRE VEHICLE MAINTENANCE 31.32 APPARATUS PARTS 408482 1594389385 1350.6229 GENERAL SUPPLIES FIRE VEHICLE MAINTENANCE 1.60 APPARATUS PARTS(DAN) 408522 1594389926 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 19.35 HARNESS#310 407726 1594392045 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 64.39- RETURNED WRONG LAMP ASSY 407723 1594392198 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 48.27 APPARATUS PARTS 408430 1594392929 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 15.28 APPARATUS PARTS 408425 1594393722 1350.6229 GENERAL SUPPLIES FIRE VEHICLE MAINTENANCE 14.92 ELECTRICAL TAPE 407727 1594394659 1530.6229 GENERAL SUPPLIES FLEET&BUILDINGS-CMF 188.82 311119 12/15/2021 153995 AMAZON CAPITAL SERVICES 1,088.98 DESKS FOR 2 INV OFFICES 408459 17HNLQK94WVL 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 29.95 GLOCK TOOLS 408847 1HG9MFXXCDWQ 1200.6399 OTHER CHARGES POLICE MANAGEMENT 387.24 GLOCK FLASHLIGHT 408848 1KKWPLDVV93C 1200.6399 OTHER CHARGES POLICE MANAGEMENT 1,506.17 311120 12/15/2021 100023 ANDERSEN INC,EARL F 299.00 SIGNS-HARDWARE 408464 1285131N 1680.6229 GENERAL SUPPLIES TRAFFIC SIGNS/SIGNALS/MARKERS 47.00 SIGNS-POST 408463 1285181N 1680.6229 GENERAL SUPPLIES TRAFFIC SIGNS/SIGNALS/MARKERS 305.60 TENNIS COURT SIGNAGE 408536 1285541N 1745.6229 GENERAL SUPPLIES PARK CRT/GAME AREA MAINTENANCE 651.60 311121 12/15/2021 154253 APPLE FORD LINCOLN 396.36 POL VEHICLE LEASE-DEC 408555 20211213 1215,6310 RENTAL EXPENSE POLICE DETECTIVE UNIT 396.36 311122 12/15/2021 156167 ARAMARK 24.40 WALL MOUNTED FIRST AID KITS 408539 250000028958 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 49.16 WALL MOUNTED FIRST AID KITS 408539 250000028958 1600.6229 GENERAL SUPPLIES STREET MANAGEMENT R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/15/202110:55:03 Council Check Register by GL Page- 12 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311122 12/15/2021 156167 ARAMARK Continued... 73.87 WALL MOUNTED FIRST AID KITS 408539 250000028958 1710.6229 GENERAL SUPPLIES PARK MAINTENANCE MANAGEMENT 24.40 WALL MOUNTED FIRST AID KITS 408539 250000028958 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 24.40 WALL MOUNTED FIRST AID KITS 408539 250000028958 5365.6229 GENERAL SUPPLIES SEWER MGMT/REPORTS/DATA ENTRY 24.40 WALL MOUNTED FIRST AID KITS 408539 250000028958 5305.6229 GENERAL SUPPLIES WATER MGMT/REPORT/DATA ENTRY 220.63 311123 12/15/2021 100747 ARAMARK UNIFORM SERVICES INC 21.76 Shop Coveralls 408541 629000202675 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 28.54 PK Coveralls 408541 629000202675 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 55.71 STR Coveralls 408541 629000202675 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 106.01 311124 12/15/2021 141010 BECKER FIRE&SAFETY SERVICES 126.96 FIRE EXTINGUISHER TESTING 408504 5123 5330.6265 REPAIRS-EQUIPMENT WTR MAIN/HYDRANT/CURB STOP MNT 126.96 FIRE EXTINGUISHER TESTING 408504 5123 5375.6265 REPAIRS-EQUIPMENT SEWER MAINTENANCE AND REPAIR 126_98 FIRE EXTINGUISHER TESTING 408504 5123 5505.6265 REPAIRS-EQUIPMENT STORM DRAIN MNTC/RPR/SUMPS 194.70 ANNUAL EXTINGUISHER SERVICE 408523 5215 1330.6265 REPAIRS-EQUIPMENT FIRE OPERATIONS 575.60 311125 12/15/2021 109954 BERRY COFFEE COMPANY 6.29 CH COFFEE STIR STICKS 408556 875251 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 6.29 311126 12/15/2021 118605 BLUE WATER SCIENCE 6,400.00 FISH SURVEYS-3 LAKES 408565 20211119 5505.6249 OTHER CONTRACTUAL SERVICES STORM DRAIN MNTC/RPR/SUMPS 6,400.00 311127 12/15/2021 153775 BROWN BOX TEES 2,456.00 VOLLEYBALL CHAMP SHIRTS(288) 408571 25089 1860.6229 GENERAL SUPPLIES REC VOLLEYBALL 2,456.00 311128 12/15/2021 148020 CAPITAL CONSTRUCTION LLC 2.00 PRTL RFND 13144 HALLMARK CT 408487 20211130 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 108.57 PRTL RFND 13144 HALLMARK CT 408487 20211130 1001.4060 PERMIT-BUILDING PERMIT GENERAL FUND REVENUE 110.57 311129 12115/2021 156829 CARRS TREE SERVICE,INC 3,100.00 GALAXIE PK I HE -OVERHEAD WIRES 408457 128631 1520,6249 OTHER CONTRACTUAL SERVICES NATURAL RESOURCES 3,100.00 R55CKR2 L i101 CITY OF APPL. ,_EY 12/15/21 ,5:03 Council Check Register by GL Page- 13 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311130 12/15/2021 146174 CHAMPION PLUMBING Continued... 805.00 TEMPORARY WATER-PLUMBING 408446 16332 2027.6810 2021101R CONSTRUCTION IN PROGRESS ROAD ESCROW 805.00 311131 12/15/2021 151149 CHEM-AQUA,INC. 2,086.28 AVSA COOLING TOWER TREATMENT 408431 7566366 5210.6214 CHEMICALS ARENA 1 BUILDING MAINTENANCE 2,086.28 311132 12/15/2021 100282 CINTAS CORPORATION 79.00 MATS 408489 4103191242 5110.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 80,00 PAPER TOWELS,AIR FRESHENERS 408489 4103191242 5110.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 154.70 LINENS 408489 4103191242 5120.6240 CLEANING SERVICE/GARBAGE REMOVGOLF KITCHEN 12.86 AVSA ENTRANCE MATS 408844 4104333240 5210.6240 CLEANING SERVICE/GARBAGE REMOVARENA 1 BUILDING MAINTENANCE 6.86 HAYES ENTRANCE MATS 408843 4104333272 5265.6240 CLEANING SERVICE/GARBAGE REMOVARENA 2 BLDG MAINTENANCE-HAYES 333.42 311133 12/15/2021 130960 COLD SPRING GRANITE COMPANY 277.20 NICHE PLAQUE-JOHNSON 408526 RI1802674 5605.6325 COLUMBARIUM CEMETERY 277.20 311134 12/15/2021 102125 COMMERCIAL ASPHALT CO 469.39 ASPHALT REPAIRS 408574 211115 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 469.39 311135 12/15/2021 156933 CONVENIENCE STORE INVESTMENTS 1,000.00 NRMP 13357 PALOMINO DR 408481 20211202 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 1.000.00 311136 12/1512021 100510 CORE&MAIN 889.16 3/4"X 1"METER COUPLERS 408568 P969763 5310.6215 EQUIPMENT-PARTS WATER METER RPR/REPLACE/READNC 889.16 311137 12/15/2021 100114 CUB FOODS 2.27- CH SALES TAX ADJUST 408582 202111190751 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 2.27 CH SALES TAX ADJUST 408582 202111190751 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 46.15 TEA AND WATER 408582 202111190751 1060,6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 33.23 WATER 408538 202111290605 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MNTC 79.38 311138 12/15/2021 143882 CULLIGAN 154.00 HAYES WATER SOFTNER SALT 408490 157985475324NOV 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/15/202110:55:03 Council Check Register by GL Page- 14 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311138 12/15/2021 143882 CULLIGAN Continued... 21 55,35 AVSA SOFTENER SALT 408491 157985539939NOV 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 21 209.35 311139 12/15/2021 100125 DAKOTA COUNTY TECHNICAL COLLEG 150.00 CSO DRIVING TRNG-GRIEVES 408849 891535 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 150.00 311140 12/15/2021 101320 DISTRICT 196 COMMUNITY EDUCATI 120.00 LIFEGUARD TRNG-LUCZAK 408816 20211112 1930.6275 SCHOOLS/CONFERENCES/EXP LOCAL REDWOOD POOL 120.00 LIFEGUARD TRNG-STEVENS 408816 20211112 1930.6275 SCHOOLS/CONFERENCES/EXP LOCAL REDWOOD POOL 120.00 LIFEGUARD TRNG-LUCZAK 408816 20211112 1940.6275 SCHOOLS/CONFERENCES/EXP LOCAL AQUATIC SWIM CENTER 120.00 LIFEGUARD TRNG-SAUNDERS 408816 20211112 1940.6275 SCHOOLS/CONFERENCES/EXP LOCAL AQUATIC SWIM CENTER 120.00 LIFEGUARD TRNG-ROUSSEAU 408816 20211112 1930.6275 SCHOOLS/CONFERENCES/EXP LOCAL REDWOOD POOL 600.00 311141 12/15/2021 100151 EAGAN,CITY OF 13,487.18 SAN SEWER USER FEES 4TH QTR 408809 20211208 5365.6318 BURNSVILLE/EAGAN SWR REIMBURSESEWER MGMT/REPORTS/DATA ENTRY 13,487.18 311142 12/15/2021 145141 ELLICKSON PHOTO 131.60- CNCL SALES TAX ADJUST 408826 992 1005.6399 OTHER CHARGES MAYOR/CITY COUNCIL 131.60 CNCL SALES TAX ADJUST 408826 992 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1,978.60 COUNCIL PHOTOS AND FRAME 408826 992 1005.6399 OTHER CHARGES MAYOR/CITY COUNCIL 1,978.60 311143 12/15/2021 156917 EMMONS&OLIVIER RESOURCES INC 6,148.41 LONG/FARQUAR POND FEASIBILITY 408564 127800061 5505.6235 2021148D CONSULTANT SERVICES STORM DRAIN MNTC/RPR/SUMPS 6,148.41 311144 12/15/2021 156932 ETERNITY HOMES 3,500.00 NRMP 13646 GOTHAM CT 408480 20211129 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 3,500.00 311145 12/15/2021 129243 FENDLER PATTERSON CONSTRUCTION 4,500.00 NRMP 14955 153RD ST W 408462 20211129 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 39-8T1.00 NEW-OUTDOOR SFGNAGE&PAINTING 408578 211831 5065.6740 CAPITAL OUTLAY-MACH/EQ/OTHER LIQUOR#2 OPERATIONS 44,311.00 R55CKR2 L,_.,ij101 CITY OFAPPL _LEY 12/15/2L .i5:03 Council Check Register by GL Page- 15 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311146 12/15/2021 100420 FISCHER MINING,LLC Continued... 1.19- UTIL DISCOUNT 408533 166017 5330.6333 GENERAL-CASH DISCOUNTS WTR MAIN/HYDRANT/CURB STOP MNT 149.55 RC FOR WATER MAIN BREAKS 408533 166017 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 2.85- UTIL DISCOUNT 408507 166018 5330.6333 GENERAL-CASH DISCOUNTS WTR MAIN/HYDRANT/CURB STOP MNT 356.69 RC FOR WATER MAIN BREAK REPAIR 408507 166018 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 502.20 311147 12/15/2021 150163 GALLS 64.02 UNIFORMS 408839 19823524 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 71.81 UNIFORMS 408845 19858602 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 68.24 UNIFORMS 408840 19881543 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 28.34 UNIFORMS HERBRANSON 408846 19952195 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATROL 232.41 311148 12/15/2021 137408 GRAZZINI BROTHERS&COMPANY 2,645.00 REPLACE STAINED CARPET TILES 408558 148633 5065.6266 REPAIRS-BUILDING LIQUOR#2 OPERATIONS 1,550.00 DAMAGED CARPET REPLACEMENT 408557 148634 7205.6399 OTHER CHARGES INSURANCE CLAIMS 4,195.00 311149 12/15/2021 100222 HACH COMPANY 162.91 WTP LAB SUPPLIES 408529 12721657 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 1,168.00 WO MONITORING EQUIPMENT 408566 12765728 5505.6229 GENERAL SUPPLIES STORM DRAIN MNTC/RPR/SUMPS 268.22 FLUORIDE TESTING SUPPLIES 408516 12771711 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 1,599.13 311150 12/15/2021 101169 HAWKINS,INC. 2,277.00 FLUORIDE FOR MDH&TEETH 408567 6071557 5325.6214 CHEMICALS WATER TREATMENT FCLTY MNTC/RPR 2,277.00 311151 12/15/2021 101796 INTERSTATE BATTERY SYSTEM OF M 231,31 LIFT BATTERY 408473 180031299 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 209.00- BATTERY CORES 407204 220064431 1350.6216 VEHICLES-TIRES/BATTERIES FIRE VEHICLE MAINTENANCE 16.00- BATTERY CORE 407204 220064431 1630.6216 VEHICLES-TIRES/BATTERIES STREET EQUIPMENT MAINTENANCE 6.31 311152 12/15/2021 156936 JAN BERGTOLD 100.00 DJ FOR LADIES NIGHT OUT 408477 20211130 1800.6249 OTHER CONTRACTUAL SERVICES REC PROGRAM GENERAL 100.00 311153 12115/2021 118232 JOHN DEERE FINANCIAL 798.99 CMF SNOW BLOWER 408561 P41196 1530.6211 SMALL TOOLS&EQUIPMENT FLEET&BUILDINGS-CMF R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/15/202110:55:03 Council Check Register by GL Page- 16 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311153 12/15/2021 118232 JOHN DEERE FINANCIAL Continued... Supplier 100608 FRONTIER AG&TURF 798.99 311154 12/1512021 100255 JOHNSON BROTHERS LIQUOR 366.65- CMWINE#1 WAS NOT USED 00000109 408639 172499A 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 20.04- CMWINE#3 00000109 408662 175966 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 5.56- CMWINE#3 00000109 408663 175967 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 26,00- CMWINE#3 00000109 408664 175968 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 16.00- CMWINE#3 00000109 408665 175969 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 260.16- CMLIQ#1 00000109 408591 177260 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 52.00- CMLIQ#1 00000109 408596 178456 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 50.00- CMLIQ#2 00000109 408613 17861E 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 17.15 WINE#1 SHORT PAID 00000109 408637 1889764A 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 10.29 WINE#2 SHORT PAID 00000109 408649 1889774 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 6.86 WINE#3 SHORT PAID 00000109 408661 1889782A 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 6.65 WINE#1 SHORT PAID 00000109 408638 1919589A 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 239.04 WINE#3 00000109 408666 1937179 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 334.25 LIQ#1 00000109 408585 1939556 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 148,25 LIQ#3 00000109 408620 1939557 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2,329.86 LIQ#1 00000109 408586 1939558 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 621,75 WINE#1 00000109 408640 1939559 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2,449.05 LIQ#1 00000109 408587 1939560 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,236.86 WINE#1 00000109 408641 1939561 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,782.56 LIQ#1 00000109 408588 1939562 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 320.00 WINE#1 00000109 408642 1939563 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 74.00 WINE#2 00000109 408650 1939564 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 126.00 WINE#3 00000109 408667 1939565 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 5,777.44 LIQ#1 00000109 408589 1939566 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,235.20 LIQ#2 00000109 408602 1939567 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 3,419.32 LIQ#3 00000109 408621 1939568 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 230.38 LIQ#2 00000109 408603 1939569 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 128,26 WINE#2 00000109 408651 1939570 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 625.67 LIQ#2 00000109 408604 1939571 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 128.00- CMLIQ#2 00000109 408605 1939571 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 40.00 WINE#2 00000109 408652 1939572 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 733.50 LIQ#2 00000109 408606 1939573 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 201.90 WINE#2 00000109 408653 1939574 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 100.00 LIQ#2 00000109 408607 1939575 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 806.10 LIQ#2 00000109 408608 1939576 5055_6510 LIQUOR LIQUOR#2 STOCK PURCHASES 671.95 LIQ#3 00000109 408622 1939577 185.6510 LIQUOR LIQUOR#3 STOCK -IASES R55CKR2 L`-.6101 CITY OFAPPL .LEY 12/15/2L J5:03 Council Check Register by GL Page- 17 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311154 12/15/2021 100255 JOHNSON BROTHERS LIQUOR Continued... 308.26 WINE#3 00000109 408668 1939578 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 132.00- CMWINE#3 00000109 408669 1939578 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,973.60 LIQ#3 00000109 408623 1939579 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 45.00- CMLIQ#3 00000109 408624 1939579 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 40.00 WINE#3 00000109 408670 1939580 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 450.00 LIQ#3 00000109 408625 1939581 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,068.15 WINE#3 00000109 408671 1939582 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 74.00 TAX#3 00000109 408626 1939583 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 307.00 LIQ#3 00000109 408627 1939584 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 445.50 LIQ#1 00000109 408590 1940249 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,495.80 LIQ#1 00000109 408592 1943791 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 672.90 WINE#1 00000109 408643 1943792 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 52.00 TAX#1 00000109 408593 1943793 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 6,064.00 LIQ#1 00000109 408594 1943794 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 4,322.00 LIQ#3 00000109 408628 1943795 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 661.80 WINE#1 00000109 408644 1943796 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 514,00 LIQ#2 00000109 408609 1943797 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 623.00 LIQ#1 00000109 408595 1943798 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 42.00 WINE#2 00000109 408654 1943799 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 447.51 WINE#1 00000109 408645 1943801 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 333.34 WINE#1 00000109 408646 1943802 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 47.00 LIQ#2 00000109 408610 1943803 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 359_48 WINE#2 00000109 408655 1943804 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 554.00 LIQ#2 00000109 406611 1943805 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 330.85 WINE#2 00000109 408656 1943806 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 112.00 LIQ#2 00000109 408612 1943807 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 75.51 LIQ#3 00000109 408629 1943808 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 302.03 WINE#3 00000109 408672 1943810 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 819.20 LIQ#3 00000109 408630 1943811 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 109.40 WINE#3 00000109 408673 1943812 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 133.32 WINE#3 00000109 408674 1943813 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 137.90 WINE#3 00000109 408675 1943814 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 3,759.94 LIQ#1 00000109 408597 1948967 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 255.00- CMLIQ#1 00000109 408598 1948967 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,618.30 LIQ#2 00000109 408614 1948968 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 6,942.51 LIQ#1 00000109 408599 1948969 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 4,996.22 LIQ#3 00000109 408631 1948970 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2,141.25 LIQ#3 00000109 408632 1948971 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,800.00- CMLIQ#3 00000109 408633 1948971 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1 2/1 5/2 0 211 0:55:03 Council Check Register by GL Page- 18 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311154 12/15/2021 100255 JOHNSON BROTHERS LIQUOR Continued... 879.71 LIQ#1 00000109 408600 1948972 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,878.35 WINE#1 00000109 408647 1948973 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 448,00 LIQ#1 00000109 408601 1948974 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 533.66 WINE#1 00000109 408648 1948975 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 94,00 LIQ#2 00000109 408615 1948976 5055,6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,053.00 LIQ#2 00000109 408616 1948977 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 26.00- CMLIQ#2 00000109 408617 1948977 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 329.81 LIQ#2 00000109 408618 1948978 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 164.32 WINE#2 00000109 408657 1948979 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 48,00- CMWINE#2 00000109 408658 1948979 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 270.68 LIQ#2 00000109 408619 1948981 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 643.00 WINE#2 00000109 408659 1948982 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 32.00- CMWINE#2 00000109 408660 1948982 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2,402.00 LIQ#3 00000109 408634 1948983 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 865.60 LI0#3 00000109 408635 1948984 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,231.50 WINE#3 00000109 408676 1948985 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 770.40 LIQ#3 00000109 408636 1948986 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 264.35 WINE#3 00000109 408677 1948987 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 74,772.03 311155 12/15/2021 100646 LAWSON PRODUCTS INC 41.77 EAR PLUGS 408454 9308985751 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 768.16 SMALL TOOLS AND BATTERIES 408454 9308985751 1610.6211 SMALL TOOLS&EQUIPMENT STREET/BOULEVARD REPAIR&MNTC 809.93 311156 12/15/2021 138342 MANSFIELD OIL COMPANY 18,954.63 ON SPOT NO-LEAD(8000 GA) 408458 22797915 1000.1520 INVENTORY-UNLEADED FUEL GENERAL FUND BALANCE SHEET 18,954.63 311157 12/15/2021 100309 MENARDS 28.98 SUPPLIES FOR SNOW FENCE 408474 25833 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 95.90 WTP REPAIRS 408530 26869 5325.6215 EQUIPMENT-PARTS WATER TREATMENT FCLTY MNTC/RPR 27.82 WtP REPAIRS 408528 26873 5325.6215 EQUIPMENT-PARTS WATER TREATMENT FCLTY MNTC/RPR 27.36 CITY HALL POND PUMP 408519 27213 5508.6229 GENERAL SUPPLIES PONDS 389.00 REFRIGERATOR FOR WTP BREAK RM 408505 27513 5325.6211 SMALL TOOLS&EQUIPMENT WATER TREATMENT FCLTY MNTC/RPR 569.06 311158 12/15/2021 143898 MN BUREAU OF CRIMINAL APPREHENSION 3,000.00 CJDN ACCESS FEE-JULY-SEPT 408817 673870 1200.6310 RENTAL EXPENSE POLICE MANAGEMENT 3,000.00 R55CKR2 L....,6101 CITY OF APR- _LEY 12/15/2L ,5:03 Council Check Register by GL Page- 19 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311158 12/15/2021 143898 MN BUREAU OF CRIMINAL APPREHENSION Continued... 311159 12/15/2021 100334 MN DEPT OF HEALTH 1,205.00 POOL LICENSE 408814 FBL133779972022 1930.6280 DUES&SUBSCRIPTIONS REDWOOD POOL 870.00 POOL LICENSE 408815 FBL14029972022 1930.6280 DUES&SUBSCRIPTIONS REDWOOD POOL 290.00 AVSA CONCESSION PERMIT 408534 FBL318979972022 5250.6280 DUES&SUBSCRIPTIONS ARENA 1 CONCESSIONS 315.00 HAYES CONCESSION PERMIT 408532 FBL318989972022 5250.6280 DUES&SUBSCRIPTIONS ARENA 1 CONCESSIONS 765.00 F&B LICENSE RENEWAL 408441 FBL59909972022 5122.6280 DUES&SUBSCRIPTIONS GOLF FOOD/BEVERAGE 3,445,00 311160 12/15/2021 155164 MN OCCUPATIONAL HEALTH 102.00 DRUG TEST FLEET/BUILDING 408563 381840 1530.6235 CONSULTANT SERVICES FLEET&BUILDINGS-CMF 124.00 PARKS DRUG TESTING 408563 381840 1710.6235 CONSULTANT SERVICES PARK MAINTENANCE MANAGEMENT 448.00 PRE EMPLOYMENT TESTING 408563 381840 1210.6235 CONSULTANT SERVICES POLICE FIELD OPERATIONS/PATROL 164.00 PRE EMPLOYMENT TESTING 408563 381840 5305.6235 CONSULTANT SERVICES WATER MGMT/REPORT/DATA ENTRY 838.00 311161 12/15/2021 156913 MULCARE CONTRACTING LLC 10,665.00 INSTALLATION OF PB SHELTER 408436 439 2017.6735 2021116P CAPITAL OUTLAY-OTHER IMPROVEME PARK DEDICATION 10,665.00 311162 12/15/2021 147509 NORTHLAND RECREATION LLC 38,270.00 PICKLEBALL SHELTER 408438 2502 2017.6735 2021116P CAPITAL OUTLAY-OTHER IMPROVEME PARK DEDICATION 38,270.00 311163 12/1512021 100751 PHILLIPS WINE&SPIRITS INC 12,41 WINE#2 USED TWICE 00000106 408711 165502 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 19.62- CMLIQ#1 00000106 408679 6050668 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 59.52- CMWINE#1 00000106 408680 6050668 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 14.00- CMTAX#1 00000106 408681 6050668 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 4.10- CNTAX#1 00000106 408682 6050668 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 225.00- CMWINE#3 OVERPAID 00000106 408721 6306138A 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 706.40 LIQ#1 00000106 408683 6309871 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,357.62 LIQ#1 00000106 408684 6309872 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 540.00 LIQ#3 00000106 408699 6309873 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 96.95 LIQ#2 00000106 408694 6309874 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 198.50 WINE#2 00000106 408713 6309875 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 120.00 WINE#3 00000106 408717 6309876 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 270.00 BEER#3 00000106 408718 6309876 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,670.40 LIQ#1 00000106 408687 6312933 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 99.25 LIQ#1 00000106 408688 6312934 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/15/202110:55:03 Council Check Register by GL Page- 20 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311163 12/15/2021 100751 PHILLIPS WINE&SPIRITS INC Continued... 3,530,88 WINE#1 00000106 408689 6312934 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 70.50 TAX#1 00000106 408690 6312935 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 203.60 NTAX#1 00000106 408691 6312935 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,495.95 LIQ#2 00000106 408695 6312936 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 464.25 WINE#2 00000106 408714 6312937 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 98.00 TAX#2 00000106 408696 6312938 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 25,90 NTAX#2 00000106 408697 6312938 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 2,358,35 LIQ#3 00000106 408701 6312939 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 184.00 WINE#3 00000106 408722 6312940 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 116.00 TAX#3 00000106 408702 6312941 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 203.60 NTAX#3 00000106 408703 6312941 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 783.40 LIQ#1 00000106 408692 6316728 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,888.75 WINE#1 00000106 408708 6316729 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 108.00- CMWINE#1 00000106 408709 6316729 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 352.00 TAX#1 00000106 408693 6316730 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 80.40 LIQ#2 00000106 408698 6316731 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 146.00 WINE#2 00000106 408716 6316732 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2,091.80 LIQ#3 00000106 408704 6316733 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 642.76 WINE#3 00000106 408723 6316734 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 48.30 TAX#3 00000106 408705 6316735 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 50.60 NTAX#3 00000106 408706 6316735 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 32.00- CMWINE#1 00000106 408707 642352 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 16.00- CMWINE#3 00000106 408719 642353 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 96.00- CMWINE#2 00000106 408710 642355 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 14,00- CMWINE#3 00000106 408720 642790 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 26.24 WINE#2 USED TWICE 00000106 408712 644779 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 150.00- CMLIQ#1 00000106 408685 651330 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 103.68- CMLIQ#1 00000106 408686 651331 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 225.00- CMTAX#3 00000106 408700 651332 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 44.00- CMWINE#2 00000106 408715 652126 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 18,821.89 311164 12/15/2021 100383 PITNEY BOWES INC 1,415.34 FIN POSTAGE MACH LEASE-4TH QTR 408820 3105137126 1035.6310 RENTAL EXPENSE FINANCE 1,415.34 311165 12/15/2021 144513 PLAYCRAFT DIRECT INC 448.08 KELLEY PLAYGROUND PARTS 408560 INV00005864 1735.6215 EQUIPMENT-PARTS PARK PLAY EQUIPMENT MAINTENANC 448.08 R55CKR2 Lu. ,iS101 CITY OFAPPL. _LEY 12/15/2L J5:03 Council Check Register by GL Page- 21 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311166 12/15/2021 127832 PREMIER LIGHTING INC Continued... 1.97- GOLF SALES TAX ADJUST 408448 59112 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 1.97 GOLF SALES TAX ADJUST 408448 59112 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 896.29 LIGHTS 408448 59112 5145.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANCE 896.29 311167 12/1512021 143336 PREMIER LOCATING INC 629 74 GSOC ELEC LOCATES 10/8-10/31 408456 41544 5805.6249 OTHER CONTRACTUAL SERVICES STREET LIGHT UTILITY FUND 629.74 311168 12/15/2021 101797 RCM SPECIALTIES INC 266.00 ASPHALT EMULSION OIL 408527 8314 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 266.00 311169 12/1512021 154712 ROBERT HALF 711.12 TEMP EE KOVACIC WEEK END 11/26 408461 58930224 1100.6120 EMPLOYMENT AGENCIES DEV MANAGEMENT 711.12 311170 12/15/2021 119316 RON KASSA CONSTRUCTION INC 1,360.00 CEMENT REPAIR @ KELLEY 408437 20211201 1720.6269 REPAIRS-OTHER PARK GROUNDS MAINTENANCE 1.360.00 311171 1211512021 137382 SET MULCH 16.00 COBBLESTONE BRUSH REMOVAL 408836 103064061 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 32.00 COBBLESTONE BRUSH REMOVAL 408841 103064131 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 32.00 COBBLESTONE BRUSH REMOVAL 408842 103064196 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 38.50 SWEEPINGS-LEAVES 408496 103069501 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 38.50 SWEEPINGS-LEAVES 408497 103069502 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 38.50 SWEEPINGS-LEAVES 408498 103069662 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 38.50 SWEEPINGS-LEAVES 408499 103069924 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 38.50 SWEEPINGS-LEAVES 408500 103069989 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 27.50 SWEEPINGS-LEAVES 408501 103070062 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 27.50 SWEEPINGS-LEAVES 408502 103070063 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 327.50 311172 12/15/2021 156939 SMITH,TONY 22.50 UB REFUND 112 REDWOOD DR 408835 20211209B 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 22.50 311173 12/15/2021 155613 SOUTHERN MINNESOTA INSPECTION 38,150.00 SPORT COURT GYM CURTAINS 408478 18498 4002.6715 2021184P CAPITAL OUTLAY-BUILDINGS MUNICIPAL BUILDINGS R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/15/202110:55:03 Council Check Register by GL Page- 22 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311173 12/15/2021 155613 SOUTHERN MINNESOTA INSPECTION Continued... 38,150.00 311174 12/15/2021 100864 ST PAUL LINOLEUM&CARPET CO 56,383.00 AVSC FLOORING 1ST FLOOR 408440 102624 4002.6735 2021185P CAPITAL OUTLAY-OTHER IMPROVEME MUNICIPAL BUILDINGS 56,383.00 311175 12/15/2021 156935 SUMMIT CONSTRUCTION GROUP INC 2.00 PRTL RFND FOR 13193 ELDERBERRY 408476 20211130 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 108.57 PRTL RFND FOR 13193 ELDERBERRY 408476 20211130 1001.4060 PERMIT-BUILDING PERMIT GENERAL FUND REVENUE 110.57 311176 12/15/2021 156938 SYVERTSEN,KEITH 20.23 UB REFUND 13912 EDENWOOD WAY 408834 20211209A 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 20.23 311177 12115/2021 156934 TC RESTORATIONS/THULL CORPORATION 250.00 NRMP 14450 HAYES RD 408465 20211129 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 250.00 311178 12/15/2021 102547 UNITED RENTALS(NORTH AMERICA)INC 408.00 WELL#7 REPAIR WITH TRENCH BOX 408569 197398887001 5320.6310 RENTAL EXPENSE WATER WELL/BOOSTER STN MNT/RPR 408.00 311179 12115/2021 152720 VERIZON 1,440.20 GPS FOR FLEET(76) 408453 627000022011 1530.6237 TELEPHONE/PAGERS FLEET&BUILDINGS-CMF 1,440.20 311180 12/15/2021 100631 VERIZON WIRELESS 2,621.50 POL CELL PHONES 408824 9894138806 1200.6237 TELEPHONE/PAGERS POLICE MANAGEMENT 2,621.50 311181 12/15/2021 100363 XCEL ENERGY 295.06 STREET LIGHTS ELECTRIC 408531 5168727942DEC21 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 295.06 311182 12/15/2021 100064 BITUMINOUS ROADWAYS,INC. 48,000.00 '21 GREENLEAF PTHWAY FINAL#1 408854 15388 1710.6269 2021159P REPAIRS-OTHER PARK MAINTENANCE MANAGEMENT 48,000,00 20211204 1211012n91 148015 EMPOWER R55CKR2 L a101 CITY OFAPPL. _LEY 12/15/2i ,5:03 Council Check Register by GL Page- 23 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unil 20211204 12/10/2021 148015 EMPOWER Continued... 150.00 MNDCP-ROTH 457 CONTRIBUTIONS 408204 1208218113614 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 850.00 MNDCP-457 CONTRIBUTIONS 408204 1208218113614 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,000.00 20211205 12110/2021 148869 EMPOWER(HCSP) 377.17 SERGEANT HCSP FUNDING-GROSS WA 408206 1208218113616 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 920.73 HCSP FUNDING-ANN LV/COMP 408206 1208218113616 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 951,66 ADMIN HCSP FUNDING-GROSS WAGES 408206 1208218113616 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,440,19 POLICE HCSP FUNDING-GROSS WAGE 408206 1208218113616 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 3,689.75 20211206 12/13/2021 102664 US BANK 9,970.93 EMPLOYEE MEDICARE 408200 1208218113610 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 9,970.93 CITY SHARE MEDICARE 408200 1208218113610 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 28,228.43 EMPLOYEE FICA 408200 1208218113610 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 28,228.43 CITY SHARE FICA 408200 1208218113610 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 68,097.42 FEDERAL TAXES PR 408200 1208218113610 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 144,496.14 20211207 12110/2021 101238 MINNESOTA CHILD SUPPORT PAYMEN 121.50 CHILD SUPPORT DEDUCTIONS 408213 120821811367 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 397.50 CHILD SUPPORT DEDUCTIONS 408214 120821811368 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 519.00 20211208 12/13/2021 100657 MN DEPT OF REVENUE 30,202.41 STATE TAX WITHHOLDING 408212 120821811366 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET 30,202.41 20211209 12/13/2021 100392 PUBLIC EMPLOYEES RETIREMENT AS 57,809.56 EMPLOYEE SHARE PERA 408210 120821811364 9000,2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 76,309.05 CITY SHARE PERA 408210 120821811364 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 134,118.61 20211210 12/13/2021 148841 FURTHER 5,542.92 HSA EMPLOYEE FUNDING 408205 1208218113615 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING BAL SHEET 5,542.92 20211211 12/6/2021 148841 FURTHER 3,350.00 FLEX SPENDING DAYCARE 2021 408808 40046709 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 3,350,00 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/15/202110:55:03 Council Check Register by GL Page- 24 Council Check Register by Invoice&Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20211211 12/6/2021 148841 FURTHER Continued... 20211212 12/10/2021 151440 VANTAGEPOINT TRANSFER AGENTS 2,230,50 408207 1208218113617 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,230.50 20211213 12/10/2021 100240 VANTAGEPOINT TRANSFER AGENTS-457 FT 29,590.16 ICMA-PLAN#301171-FIRE TOO 408208 120821811362 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 29,590.16 20211214 12/10/2021 126459 VANTAGEPOINT TRANSFER AGENTS-ROTH 3,122.47 ROTH IRA-PLAN#705481 408202 1208218113612 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 3,122,47 20211215 12/9/2021 100331 MN DEPT OF LABOR&INDUSTRY(EFT) 142.88- LESS 2%RETENTION NOV 408805 20211130 1001.4099 PERMIT-OTHER GENERAL FUND REVENUE 6.50- PERMIT SURCHARGE ADJ 408805 20211130 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 7,144.02 PERMIT SURCHARGE NOV 408805 20211130 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 6,994.64 20211216 12/13/2021 100000 MN DEPT OF REVENUE 2,285.00 SALES/USE TAX-GENERAL FUND 408807 20211213 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 28.00- SALES/USE TAX-CABLE TV FUND 408807 20211213 2010.2330 DUE TO OTHER GOVERNMENT CABLE TV RESERVE BALANCE SHEET 1.00- SALES/USE TAX-SOLID WASTE 408807 20211213 2040.2330 DUE TO OTHER GOVERNMENT SOLID WASTE BALANCE SHEET 12,248.00 SALES/USE TAX-LIQUOR#2 408807 20211213 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 32,691.00 SALES/USE TAX-LIQUOR#3 408807 20211213 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 37,871.00 SALES/USE TAX-LIQUOR#1 408807 20211213 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 1,602.00 SALES/USE TAX-GOLF 408807 20211213 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 24.00- SALES/USE TAX-ARENA 408807 20211213 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 642.00 SALES/USE TAX-WATER&SWR 408807 20211213 5300.2330 DUE TO OTHER GOVERNMENT WATER&SEWER FUND BAL SHEET 10.00 SALES/USE TAX-RISK MGMT 408807 20211213 7200.2330 DUE TO OTHER GOVERNMENT RISK MGMT/INSUR BALANCE SHEET 87,296.00 20211217 12/612021 100873 HEALTHPARTNERS(DENTAL CLAIMS 2,518,12 DENTAL CLAIMS 11/25-12/1/21 408806 20211201 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 2,518.12 1,533,896.05 Grand Total Payment Instrument Totals Checks 426,693.63 EFT''ayments 454,670.72 R55CKR2 CITY OFAPPL. .LEY 12/15/2L ,5:03 Council Check Register by GL Page- 25 Council Check Register by Invoice 8 Summary 12/6/2021 -- 12/17/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 1,533,896.05 Grand Total Payment Instrument Totals Checks 426,693.63 EFT Payments 454,670.72 A/P ACH Payment 652,531.70 Total Payments 1,533,896.05 4 \9\6\°\ �L I R55CKS2 LU,S100 CITY OF APPLE _LEY 12/15/2G .5:09 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 12/6/2021 - 12/17/2021 Company Amount 01000 GENERAL FUND 150,639.39 02010 CABLE TV RESERVE FUND 28.00- 02015 PARK DEDICATION FUND 48,935.00 02025 ROAD ESCROW FUND 77,396.26 02040 SOLID WASTE GRANT 1.00- 04000 MUNICIPAL BUILDING FUND 94,533.00 04420 '21 FACILITIES CIP 750.00 04425 VALLEYWOOD IMPROVEMENTS 3,434.17 04500 CONSTRUCTION PROJECTS 20,383.00 04750 ELECTRIC FRANCHISE 110,912.50 04900 PHYSICAL IMPROVEMENTS ESCROW F 9,250.00 05000 LIQUOR FUND 288,292.57 05100 GOLF FUND 7,365.21 05200 ARENA FUND 4,235.13 05300 WATER&SEWER FUND 294,772.96 05500 STORM DRAINAGE UTILITY FUND 40,356.87 05600 CEMETERY FUND LEVEL PROGRAM 277.20 05800 STREET LIGHT UTIL FUND 1,969.24 07100 INSURANCE TRUST DENTAL FUND 2,518.12 07200 RISK MANAGEMENT/INSURANCE FUND 1,560.00 07400 VERF-POLICE 15,262.47 09000 PAYROLL CLEARING FUND 361,081.96 Report Totals 1,533,896.05 R55CKR2 L _0101 CITY OFAPPL. _LEY 12/22/2L J7:34 Council Check Register by GL Page- 1 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25510 12/24/2021 100101 ACE HARDWARE 2.29- DISCOUNT 409163 101310938051 1350.6333 GENERAL-CASH DISCOUNTS FIRE VEHICLE MAINTENANCE 22.99 DAN-SUPPLIES 409163 101310938051 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 2.39- DISCOUNT 409162 101400937631 5325.6333 GENERAL-CASH DISCOUNTS WATER TREATMENT FCLTY MNTC/RPR 23.98 POWER STRIP FOR LUNCH ROOM 409162 101400937631 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 42.29 25511 12/2412021 150442 ADVANCED ENGINEERING&ENVIRO 219.00 WELLHEAD PROTECTION AMENDMENT 409087 78014 5305.6235 2019140W CONSULTANT SERVICES WATER MGMT/REPORT/DATA ENTRY 219.00 25512 12124/2021 100389 ALPHAGRAPHICS 245.54 ILLEGAL DUMPING NOTICE-CODE EN 409069 117517 1013.6239 PRINTING CODE ENFORCEMENT 245.54 25513 12/24/2021 100609 ASPEN EQUIPMENT CO 250.39 PLOW HEADLIGHT ASSEMBLY#323 409046 10233624 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 65.44 WESTERN PLOW STAND PINS 409047 10233625 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 315.83 25514 12/24/2021 155342 BARREL THEORY BEER CO 648.00 BEER#3 00052690 408902 1880 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 648.00 25515 12/24/2021 100054 BAUER BUILT INC 65.00 TIRE REPAIR#344 409109 518012997 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCE 65.00 25516 12/24/2021 151877 BLACK STACK BREWING,INC. 108.00 BEER#1 00052297 408903 15408 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 378.00 BEER#3 00052297 408904 15511 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 486.00 25517 12/24/2021 153483 BRASS FOUNDRY BREWING 32.00 BEER#1 00052531 408901 7636 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 32.00 25518 12124/2021 100630 CASPERSON,PATRICK S 80.00 SHOES-P CASPERSON 408865 20211129 1920.6281 UNIFORM/CLOTHING ALLOWANCE SENIOR CENTER 86.40 3 PR JEANS-P CASPERSON 408865 20211129 1920.6281 UNIFORM/CLOTHING ALLOWANCE SENIOR CENTER 166.40 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/22/202110:07:34 Council Check Register by GL Page- 2 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25518 12/24/2021 100630 CASPERSON,PATRICK S Continued... 25519 12/24/2021 143314 CLEAR RIVER BEVERAGE 364.40 BEER#1 00051160 408932 608965 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 754.00 BEER#3 00051160 408934 608979 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 44.60- CMBEER#1 00051160 408931 609002 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 435.00 BEER#3 00051160 408935 609909 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 270.40 BEER#2 00051160 408933 610828 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 620.00 BEER#3 00051160 408936 610844 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 2,399.20 25520 12/24/2021 100100 CNH ARCHITECTS 17,407.00 SCHEMATIC DESIGN 408880 2165 4422.6235 2021170G CONSULTANT SERVICES '21 FACILITIES CIP 17,407.00 25521 12/24/2021 100116 CUSHMAN MOTOR CO INC 246.44 209 PARTS 409153 204655 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 246.44 25522 12/24/2021 100128 DAKOTA ELECTRIC ASSOCIATION 5.00 CD SIREN-PILOT KNOB#394930-2 409078 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-CMF#2010767 409078 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-HUNTINGTON#2010775 409078 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-DELANEY#2010783 409078 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-DUCHESS#2010791 409078 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-GALAXIE&42#2010809 409078 200010000089DEC 1290.625E UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-CED KNOLLS#2010817 409078 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-WILDWOOD#2010825 409078 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 5.10 CD SIREN-CHAPARRAL#2010833 409078 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 21 17.36 LEGION FLD PRESS BX#310081-5 409078 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 17.62 FOUNDER PK LT#366449-7 409078 200010000089DEC 740.6255 UTILITIES-ELECTRIC PARK SIDEWALK/Pt \INTENANCE R55CKR2 L.. S101 CITY OFAPPL. _LEY 12/22/2L u7:34 Council Check Register by GL Page- 3 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25522 12124/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 21 19.64 ALIMAGNET PK RESTRM#144117-9 409078 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 28.20 SALT BLDG#310219-1 409078 200010000089DEC 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 21 28.58 HUNTINGTON PK SHLTR#2014926 409078 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 30.47 HAGEMEISTER TENNIS LTS#1804087 409078 200010000089DEC 1745.6255 UTILITIES-ELECTRIC PARK CRT/GAME AREA MAINTENANCE 21 32.99 KELLEY PD PK/SPKLR#405066-2 409078 200010000089DEC 1720.6255 UTILITIES-ELECTRIC PARK GROUNDS MAINTENANCE 21 35.12 AV EAST PK WMHSE#2148484 409078 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 40.92 GALAXIE PK WMHSE#481583-3 409078 2000100000B9DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 41.18 EASTVIEW PRESS BOX#2079408 409078 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 49.05 PW RADIO EQUIP#215383-1 409078 200010000089DEC 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 21 52.76 PK-BELMT PD AER/FOUNT#325093-3 409078 200010000089DEC 1720.6255 UTILITIES-ELECTRIC PARK GROUNDS MAINTENANCE 21 53.69 COBBLESTONE PAVILLION 409078 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 58.05 HAGEMEISTER PK SHLTR#151256-5 409078 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 62.83 PARK HS#4 FIELDS#224529-8 409078 200010000089DEC 1780.6255 UTILITIES-ELECTRIC PARK HIGH SCHOOL#4 FIELDS 21 80.10 FARQ PK RESTROOMS#1617653 409078 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 88.29 SCOTT TENNIS LTS#1804079 409078 200010000089DEC 1745.6255 UTILITIES-ELECTRIC PARK CRT/GAME AREA MAINTENANCE 21 147.67 DELANEY PK SHLTR#151247-4 409078 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 180.25 VALLEY MID PK SHLTR#1247824 409078 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 190.16 AQUATIC CENTER#273061-2 409078 200010000089DEC 1940.6255 UTILITIES-ELECTRIC AQUATIC SWIM CENTER 21 192.05 AVFAC EXPANSION#443065-8 409078 200010000089DEC 1940.6255 UTILITIES-ELECTRIC AQUATIC SWIM CENTER 21 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/22/202110:07:34 Council Check Register by GL Page- 4 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25522 12/24/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 223.45 CMF STORAGE#2009652 409078 200010000089DEC 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 21 224.26 REDWOOD/POOL#108328-6 409078 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 226.35 FIRE STATION#3#146046-8 409078 200010000089DEC 1340.6255 UTILITIES-ELECTRIC FIRE BLDG&GROUNDS MNTC 21 267.79 FIRE STATION#2#145450-3 409078 200010000089DEC 1340.6255 UTILITIES-ELECTRIC FIRE BLDG&GROUNDS MNTC 21 387.79 TEEN CENTER#268335-7 409078 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 21 698.11 EASTVIEW-HIGHLAND#1889047 409078 200010000089DEC 1715.6255 UTILITIES-ELECTRIC PARK ATHLETIC FIELD MAINTENANC 21 870.33 FIRE STATION#1#111343-0 409078 200010000089DEC 1340.6255 UTILITIES-ELECTRIC FIRE BLDG&GROUNDS MNTC 21 1,308.21 QUARRY PT ATHLCPLX#456933-1 409078 200010000089DEC 1715.6255 UTILITIES-ELECTRIC PARK ATHLETIC FIELD MAINTENANC 21 1,355.14 HAYES COMM&SR CTR#451229-9 409078 200010000089DEC 1920.6255 UTILITIES-ELECTRIC SENIOR CENTER 21 1,405.04 PARK PATHWAY LTS#2053296 409078 200010000089DEC 1740.6255 UTILITIES-ELECTRIC PARK SIDEWALK/PATH MAINTENANCE 21 1,598.89 CENTRAL MAINT FAC#511870-8 409078 200010000089DEC 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 21 1,617.21 AV COMM CTR#1883305 409078 200010000089DEC 1900.6255 UTILITIES-ELECTRIC AV COMMUNITY CENTER 21 3,719.57 MUNICIPAL CENTER#288247-0 409078 200010000089DEC 1060.6255 UTILITIES-ELECTRIC MUNICIPAL BLDG&GROUNDS MNTC 21 1,229.50 OLD CITY HALL#517541-9 409078 200010000089DEC 2092.6255 UTILITIES-ELECTRIC EDUCATION BUILDING FUND 21 89.57 CENTRAL VILLAGE P-LOT 409078 200010000089DEC 2097.6255 UTILITIES-ELECTRIC CENTRAL VILLAGE PARKING LOT 21 526.26 LIQUOR STORE 2#138678-8 409078 200010000089DEC 5065.6255 UTILITIES-ELECTRIC LIQUOR#2 OPERATIONS 21 1,201.84 LIQUOR STORE 1#145003-0 409078 200010000089DEC 5025.6255 UTILITIES-ELECTRIC LIQUOR#1 OPERATIONS 21 1,799.12 LIQUOR STORE 3#444140-8 409070 200010000009DCC 5095.0255 UTILITIES-ELECTRIC LIQUOR#3 OPERATIONS 21 50.38 VLLYWD GOLF SPRINK-134893-7 409078 200010000089DEC 515n.A255 I ITII ITIFR-FI FCTRIC Gni F Onl1RSF MAINTFNANCF 21 5,708.08 ICE ARENA#1#136723-4 409078 200010000089DEC 5210.6255 UTILITIES-ELECTRIC ARENA 1 BUILDING MAINTENANCE R55CKR2 L.vi6101 CITY OFAPPL. _LEY 12/22/2L J7:34 Council Check Register by GL Page- 5 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25522 12/24/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 21 6,247.43 HAYES PK ICE ARENA#222230-5 409078 200010000089DEC 5265.6255 UTILITIES-ELECTRIC ARENA 2 BLDG MAINTENANCE-HAYES 21 16.48 PUMPHOUSE 15#2121093 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 21 19.07 PALOMINO RESERVOIR#103546-8 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 21 21.77 HERALD WY PRESS STN#103686-2 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 21 34.74 PUMPHOUSE#5#135486-9 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 44.70 PUMPHOUSE#1#106890-7 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 54.15 LS 11-HIGHLAND PT CT#2021699 409078 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 59.81 LS 7 HERITAGE HILLS#144109-6 409078 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 64.33 PUMPHOUSE#2#108018-3 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 21 70.19 LS 10 NORDIC WOODS#1830835 409078 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 108.44 LIFT STN 4 PH LKSHR#1030667 409078 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 113.23 PUMPHOUSE 14#2008852 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 21 113.23 PUMPHOUSE#4#121151-5 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 132.24 WTRTWR RESERV-LONGRDG#144881- 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 137.41 PUMPHOUSE 08#1468404 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 137,41 PUMPHOUSE#3#106099-5 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 21 143.09 LS 9 4771 DOMINICA WY#525977- 409078 200010000089DEC 5380,6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 197.54 LIFT#5#580685-6 409078 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 224.39 PUMPHOUSE#11#174395-4 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/22/202110:07:34 Council Check Register by GL Page- 6 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Descriplion Business Unit 25522 12/24/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 335.18 LFT STN3 133 CHAPARRAL 546943 409078 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 512.49 AV BOOSTER-NORDIC#138075-7 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 800.03 PUMPHOUSE 20#484299 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 873.72 LIFT STN 1 ELLICE#131715-5 409078 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 21 908,13 PUMPHOUSE#10#155867-5 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 1,521.03 PUMPHOUSE 09#1526292 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 1,595.65 PUMPHOUSE 19#415728-5 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 1,905.18 PUMPHOUSE 13#2023265 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 2,098.77 PUMPHOUSE 18#1078310 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 2,156.16 PUMPHOUSE 17#307438-2 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 2,.156.48 PUMPHOUSE#7#126394-6 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/RPR 21 2,582.22 PUMPHOUSE 12#2023273 409078 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR 21 8,637.59 WTR TREATMENT PLANT#511870-8 409078 200010000089DEC 5325.6255 UTILITIES-ELECTRIC WATER TREATMENT FCLTY MNTC/RPR 21 16.48 LS STM SWR HGHWD#1586924 409078 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 24.17 LS STM SWR-BELMONT PK#2011021 409078 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 30.33 LS-WHEATON PONDS#443438-7 409078 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 34.74 LS STM SWR BRIAR OAKS#1827781 409078 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 85.34 LS STM SWR PENNOCK SHR#135489 409078 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 123.98 I S STM SWR-HANNQVFR#19860009 409078 200010000089nFF 5505 6255 I ITII ITIFS-FI FCTRIF STORM DRAIN MNTC/RPR/SIIMPS 21 179.66 LS STN COBB LK#306511-7 409078 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS R55CKR2 L.. .i101 CITY OF APPL .LEY 12/2212. ,7:34 Council Check Register by GL Page- 7 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25522 1212412021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 21 570.90 LS STM SWR ALIMAGNET#144134-4 409078 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 1,064.92 LS 2 7698 128TH ST W#490873-7 409078 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 1,246.98 LS STM SWR FARQUAR#137184-8 409078 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 21 48.18 CEMETERY LTS#339637-1 409078 200010000089DEC 5605.6255 UTILITIES-ELECTRIC CEMETERY 21 64.11 CEMETERY LTS FLAGPOLE#318998-2 409078 200010000089DEC 5605.6255 UTILITIES-ELECTRIC CEMETERY 21 17.65 964 GARDENVIEW DR SLSIGN 409078 200010000089DEC 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 21 33.98 GREENWAY TUNNEL#563183-3 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 43.94 SIGNAL-GARRETT&150TH#1802081 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 44.20 SIGNAL 153RD&CUB#2013084 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 44.83 TUNNEL STREET LT#279581-3 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 45.33 SIGNAL-147TH/PENNOCK#103448-7 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 45.45 SIGNAL-140TH/FLAGSTAFF#2750370 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 45.45 SIGNAL-GALAXIE&140TH#2053858 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 45.58 SIGNAL-GALAXIE&147TH#1022698 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 47.85 SIGNAL-149TH/PENNOCK#103448-7 409078 2000100000B9DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 49.05 UTIL RADIO EQUIP#215383-1 409078 200010000089DEC 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 21 49.49 SIGNAL-140TH/PENNOCK#303778-5 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 50.12 SIGNAL 42&PENNOCK#1033836 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 53.77 SIGNAL-140TH/JOHNNY CK#2750412 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/22/202110:07:34 Council Check Register by GL Page- 8 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25522 12/24/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 54.15 SIGNAL-GALAXIE&153RD#3128204 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 55.78 SIGNAL-CEDAR& 145TH#2047702 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 56.16 SIGNAL CEDAR&147TH#1033901 409078 2000100000B9DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 57.93 SIGNAL GALAXIE&150TH#1821115 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 58.43 SIGNAL CEDAR&140TH#1577386 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 66.24 SIGNAL 42&GARDENVW#124646-1 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 81.86 GASLIGHT STREET LT#267358-0 409078 2000100000B9DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 104.92 SIGNAL-GALAXIE&38#2146678 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 141.58 CO RD 42/CEDAR LTS#501516-9 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 156.18 CEDAR/147TH LTS#501520-1 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 204.43 147TH ST W LTS#498760-8 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 216.40 CEDAR/145TH LTS#501526-8 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 231.76 CEDAR&153RD LT#487980-5 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 232.26 CEDAR/140TH LTS#501536-7 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 268.05 CEDAR&157RD LT#487985-4 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 34,108.35 UTILITY STREET LTS#1109149 409078 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 17.65 12119 GANTRY LN POND DEC 409083 200010036848DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 21 39.92 HAWK SIGNAL PED CROSSING DEC 400070 200010066613DEC 5805.6255 UTILITIES-ELECTRIC STREET LIGI IT UTILITY FUND 21 35.15 PILOT KNOB/155TH ST SPKLR DEC 409076 200010066957DEC 5805.6545 NON-TAXARI F MISC FOR RESALE STREET LIGHT UTILITY FUND 21 81.89 PILOT KNOB/155TH ST SIGNAL DEC 409082 200010066959DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND R55CKR2 L...,..S101 CITY OFAPPL _LEY 12/22/2L J7:34 Council Check Register by GL Page- 9 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25522 12124/2021 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 21 100,397.52 25523 12/24/2021 101365 ECM PUBLISHERS INC 51.00 LEGAL AD-ORDINANCE 1101 408868 666251 1015.6239 PRINTING CITY CLERK/ELECTIONS 55.25 LEGAL AD-ORDINANCE 1102 408867 866252 1015.6239 PRINTING CITY CLERK/ELECTIONS 93.50 LEGAL AD-ORDINANCE 1103 408866 866253 1015.6239 PRINTING CITY CLERK/ELECTIONS 199.75 25524 12/24/2021 100157 FACTORY MOTOR PARTS CO 30.24 HYDRAULIC FITTINGS 409110 17289375 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 26.11 BLEND DOOR MOTOR#326 409108 17289865 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 56.35 25525 12/24/2021 101056 FORCE AMERICA DISTRIBUTING LLC 8.82 PLOW CONTROL SWITCH#344 409118 11597020 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 8.82 25526 12/24/2021 150543 GROUP HEALTH INC-WORKSITE 249.00 EAP NOVEMBER 2021 408874 W819716 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 249.00 25527 12124/2021 137297 HUMERATECH 73.41 BLANK WALL SENSOR 409085 210612 1920.6215 EQUIPMENT-PARTS SENIOR CENTER 73.41 25528 1212412021 103314 INNOVATIVE OFFICE SOLUTIONS 103.59 2 CHAIR MATS+CALENDAR 409090 IN3584924 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 9.18 BATTERIES-PARK MAINT 409084 IN3586670 1710.6215 EQUIPMENT-PARTS PARK MAINTENANCE MANAGEMENT 1.26- GOLF USE TAX 409084 IN3586670 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 1.26 GOLF USE TAX 409084 IN3586670 5105.6215 EQUIPMENT-PARTS GOLF MANAGEMENT 18.36 BATTERIES-GOLF 409084 IN3586670 5105.6215 EQUIPMENT-PARTS GOLF MANAGEMENT 50.92 MAT FOR OUTSIDE 409072 IN3587739 5025.6229 GENERAL SUPPLIES LIQUOR#1 OPERATIONS 14.21- FILE SORTER RETURNED-HR 409052 SCN110358 1020.6210 OFFICE SUPPLIES HUMAN RESOURCES 167.84 25529 12/2412021 153199 JACK PINE BREWERY 270.00 BEER#3 00052488 408995 4201 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 270.00 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/22/202110:07:34 Council Check Register by GL Page- 10 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25530 12/24/2021 151539 JUNKYARD BREWING CO.LLC Continued... 324.00 BEER#3 00052261 408996 3352 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 183.31- CMBEER#3 00052261 408997 3352 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 140.69 25531 12/24/2021 100289 LOGIS 718.75 NETWORK SERVICES 409055 51291 1030.6235 CONSULTANT SERVICES INFORMATION TECHNOLOGY 718.75 25532 12/24/2021 100021 M AMUNDSON LLP 213,60 TAX#1 00044390 408998 332723 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,449.55 NOTAX#1 00044390 408999 332723 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 48.60 TAX#2 00044390 409002 333103 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 787.83 NTAX#2 00044390 409003 333103 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 32.40 TAX#1 00044390 409000 333492 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,949.00 NOTAX#1 00044390 409001 333492 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 4,480.98 25533 12/24/2021 100299 MASTER ELECTRIC CO 155.00 WIRE PUMP AT FAC 409092 SD37796 1740.6249 OTHER CONTRACTUAL SERVICES PARK SIDEWALK/PATH MAINTENANCE 155.00 IRRIGATION REPAIR JC-WEST 409152 SD37797 1780.6249 OTHER CONTRACTUAL SERVICES PARK HIGH SCHOOL#4 FIELDS 335.75 LIGHT REPAIR-FARQUAR 409089 SD37799 1720.6249 OTHER CONTRACTUAL SERVICES PARK GROUNDS MAINTENANCE 645.75 25534 12/24/2021 100302 MCNAMARA CONTRACTING INC 7,524.00 '21 ST&TIL IMPV PMT#7 408881 20211209 2027.6810 2021101W CONSTRUCTION IN PROGRESS ROAD ESCROW 125,812.90 '21 ST&TIL IMPV PMT#7 408881 20211209 2027.6810 2021101R CONSTRUCTION IN PROGRESS ROAD ESCROW 133,336.90 25535 12/24/2021 152514 MEGA BEER LLC 226.00 BEER#3 00052423 409006 11032 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 302.00 BEER#1 00052423 409004 11053 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 228.00 BEER#3 00052423 409007 11308 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 291.00 BEER#1 00052423 409005 11350 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,047.00 25536 12/24/2021 100348 MTI DISTRIBUTING CO 88.58 MOWER PARTS-FILTER 409068 133142500 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 88.58 25537 1212412^ ' 111219 NORTHERN SAFETY TECHNOLOGY INC R55CKR2 L_ .,0101 CITY OFAPPL _LEY 12/22/2, J7:34 Council Check Register by GL Page- 11 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25537 12/24/2021 111219 NORTHERN SAFETY TECHNOLOGY INC Continued... 367.50 AMBER BEACONS#330 409111 53280 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 367.50 25538 12124/2021 100382 PILGRIM PROMOTIONS 6.00 EMBROIDERY 1 SWEATSHIRT 409075 16553 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 12,00 EMBROIDERY 1 COAT 409075 16553 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 108.00 EMBROIDERY&SCREEN PRINTING 409075 16553 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 18.00 EMBROIDERY 1 COAT 1 SWEATSHIRT 409075 16553 5365.6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENTRY 18.00 EMBROIDERY 1 COAT 1 SWEATSHIRT 409075 16553 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 162.00 25539 12124/2021 100600 RIGID HITCH INC 77.97 BRAKE CONTROLLER#381 409119 1928627787 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 77.97 25540 12/2412021 102293 SKINNER,STEPHAN C 44.24 NOVEMBER MILEAGE-SKINNER 409073 20211130 1700.6277 MILEAGE/AUTO ALLOWANCE PARK&RECREATION MANAGEMENT 44.24 25541 12/24/2021 100481 TRI-STATE BOBCAT INC 44.50 DRIVE BELT#347 409139 P67332 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 44.50 25542 12/24/2021 100496 VAN PAPER CO 486.97 BAGS#1 00008795 409021 59700900 5025.6229 GENERAL SUPPLIES LIQUOR#1 OPERATIONS 4.87- DISCT#1 00008795 409022 59700900 5025.6333 GENERAL-CASH DISCOUNTS LIQUOR#1 OPERATIONS 482.10 25543 12/24/2021 100528 ZIEGLER INC 288.25 PLOW ANGLE CYLINDER#201 409120 IN000358785 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 288.25 311183 12122/2021 153409 56 BREWING LLC 82.00 BEER#2 00052517 408885 5616861 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 116.00 BEER#3 00052517 408886 5616862 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 198,00 311184 12/22/2021 100089 ADVANCE AUTO PARTS 14.19 ELECTRICAL TAPE 409103 1594395714 1530.6229 GENERAL SUPPLIES FLEET&BUILDINGS-CMF 18.16 ADD-A-FUSE GPS INSTALLS 409104 1594395767 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/22/202110:07:34 Council Check Register by GL Page- 12 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311184 12/22/2021 100089 ADVANCE AUTO PARTS Continued... 8.19 DASH LIGHT#222 409102 1594396026 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 13.62 FUSE HOLDERS GPS INSTALLS 409100 1594396132 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 12.86 GORILLA GLUE 409101 1594396134 1530.6229 GENERAL SUPPLIES FLEET&BUILDINGS-CMF 34.82 WIPERS#246 409101 1594396134 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 172.92 ATF#314 409107 1594396270 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 83.29 SPINNER LIGHT#305 409105 1594396310 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 1,46 FUSE HOLDER#344 409106 1594396514 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 359.51 311185 12/22/2021 144459 ADVANCED IMAGING SOLUTIONS(L 242.00 COPIER LEASE 408869 459296166 1500.6310 RENTAL EXPENSE PW MANAGEMENT 242.00 311186 12/2212021 153995 AMAZON CAPITAL SERVICES 149.22 TENNIS COURT SIGN CLIPS 409044 17JGJ7CPYW1J 1745.6229 GENERAL SUPPLIES PARK CRT/GAME AREA MAINTENANCE 41.97 3 WALL CHARGERS IPAD 409096 1MPKLLK1KXTC 5305.6211 SMALL TOOLS&EQUIPMENT WATER MGMT/REPORT/DATA ENTRY 14.98 REPAIR PARTS-GENERATOR 409045 1XNHCJ9VJHKT 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 206.17 311187 12/2212021 154253 APPLE FORD LINCOLN 73.40 IGNITION COIL#913 409049 548849 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 37.65 THERMOSTAT#901 409138 549187 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 25.20 MIRROR SWITCH#904 409066 549266 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 15.73 WASHER HOSE&NOZZLE#229 409112 549863 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 5.85 WASHER HOSE&NOZZLE#229 409113 549865 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 157.83 311188 12/22/2021 100747 ARAMARK UNIFORM SERVICES INC 21.76 Shop Coveralls 408858 629000205139 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 28.54 PK Coveralls 408858 629000205139 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 55.71 STR Coveralls 408858 629000205139 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 106_01 311189 12/22/2021 125174 ARTISAN BEER COMPANY 67.70- BEER#1 00047806 408888 321769 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 35.60 BEER#3 SHORT PAID 00047806 408894 3464732A 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 35.60 BEER#3 SHORT PAID 00047806 408895 3466974A 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,746.55 BEER#1 00047806 408887 3509100 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 757.50 BEER#3 00047806 408896 3509101 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 625.00 BEER#3 00047806 408897 3509794 -985.6530 BEER LIQUOR#3 STOCK r HASES R55CKR2 L....,6101 CITY OFAPPL. .LEY 12/22/2L J7:34 Council Check Register by GL Page- 13 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311189 12/2212021 125174 ARTISAN BEER COMPANY Continued... 500.00 BEER#1 00047806 408889 3509795 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 280.30 BEER#1 00047806 408890 3510312 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 35.60 TAX#1 00047806 408891 3510313 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 687.75 BEER#2 00047806 408893 3510314 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 843.10 BEER#3 00047806 408898 3510315 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 2,357.45 BEER#1 00047806 408892 3511428 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 3,050.90 BEER#3 00047806 408899 3511429 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 35.60 TAX#3 00047806 406900 3511430 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 10,923.25 311190 12/22/2021 149274 B&H PHOTO-VIDEO 3,377.19 TRIPODS&MIC RECEIVER 409056 196872643 2012.6740 CAPITAL OUTLAY-MACH/EQ/OTHER CABLE TV JOINT POWERS 3,377,19 311191 12/22/2021 100296 BREAKTHRU BEVERAGE MIN-BEER 3,787.80 BEER#2 00000105 408922 341997711 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 4,685.25 BEER#3 00000105 408926 342037955 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 55.40 TAX#3 00000105 408927 342037956 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 8,879.55 BEER#1 00000105 408916 342057589 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 84.90- CMBEER#1 00000105 408917 342057589 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 5,093.95 BEER#2 00000105 408923 342100574 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,661.00 BEER#3 00000105 408928 342123414 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 6,175.75 BEER#1 00000105 408913 342148463 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 271.40- CMBEER#1 00000105 408914 342148463 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 21.60 TAX#1 00000105 408915 342148464 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 5,742.65 BEER#2 00000105 408924 342194277 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 41.80- CMBEER#2 00000105 408925 342194277 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 10,967.05 BEER#3 00000105 408929 342218420 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 136.00- CMBEER#3 00000105 408930 342218420 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 46.65- CMBEER#1 00000105 408907 409093393 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 24.72- CMBEER#1 00000105 408906 409093874 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 21.24- CMBEER#2 00000105 408918 409107920 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 278.00- CMBEER#1 00000105 408905 409107921 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 10,00- CMBEER#1 00000105 408908 409113379 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 6.78- CMBEER#1 00000105 408910 409113381 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 4.62- CMBEER#1 00000105 408909 409113382 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 17.20- CMBEER#2 00000105 408920 409119077 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 87.96- CMBEER#2 00000105 408919 409119078 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 130.38- CMBEER#1 00000105 408911 409126142 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 11.88- CMBEER#1 00000105 408912 409126143 5015.6530 BEER LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/22/202110:07:34 Council Check Register by GL Page- 14 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311191 12/22/2021 100296 BREAKTHRU BEVERAGE MIN-BEER Continued... 6.78- CMBEER#2 00000105 408921 409135424 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 45,889.69 311192 12122/2021 151769 CASPERS,DUANE 140,00 4 PR JEANS-D GASPERS 408864 20211207 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 200.00 BOOTS-D GASPERS 408864 20211207 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 340,00 311193 12/22/2021 100319 CENTERPOINT ENERGY 16.07 SWIM GAS DEC 409123 110055472DEC21 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 3,874.93 CH GAS DEC 409124 110055563DEC21 1060.6256 UTILITIES-NATURAL GAS MUNICIPAL BLDG&GROUNDS MNTC 1.00- IA1 LATE FEE REMOVED 409161 110060944DEC21 5210.6349 LATE FEES/FINANCE CHARGES ARENA 1 BUILDING MAINTENANCE 3,647.24 IA1 GAS DEC 409161 110060944DEC21 5210.6256 UTILITIES-NATURAL GAS ARENA 1 BUILDING MAINTENANCE 1.49- CMF LATE FEE REMOVED 409147 110061900DEC21 1540.6349 LATE FEES/FINANCE CHARGES CMF BUILDINGS&GROUNDS MNTC 3,316.93 CMF GAS DEC 409147 110061900DEC21 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 98.43 DELANEY PK GAS DEC 409142 55372148DEC21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 382.59 FIRE STA 3 GAS DEC 409146 55533657DEC21 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 378.29 LIQ 2 GAS DEC 409144 55533673DEC21 5065.6256 UTILITIES-NATURAL GAS LIQUOR#2 OPERATIONS 211.82 VALLEY MID PK GAS DEC 409143 55611420DEC21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 404.76 REDWOOD GAS DEC 409141 55612972DEC21 1930.6256 UTILITIES-NATURAL GAS REDWOOD POOL 73.12 WELL 2 GAS DEC 409121 55675664DEC21 5320.6256 UTILITIES-NATURAL GAS WATER WELUBOOSTER STN MNT/RPR 3.05- AVCC LATE FEE REMOVED 409160 55686299DEC21 1900.6349 LATE FEES/FINANCE CHARGES AV COMMUNITY CENTER 2,760.90 AVCC GAS DEC 409160 55686299DEC21 1900.6256 UTILITIES-NATURAL GAS AV COMMUNITY CENTER 2,21- OLD CH LATE FEE REMOVED 409148 55710289DEC21 2092.6349 LATE FEES/FINANCE CHARGES EDUCATION BUILDING FUND 770.66 OLD CH GAS DEC 409148 55710289DEC21 2092.6256 UTILITIES-NATURAL GAS EDUCATION BUILDING FUND 711.06 CMF STRG BLD 2 DEC 409140 55793483DEC21 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 89.29 GALAXIE PK GAS DEC 409158 55848238DEC21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 64.92 AV EAST GAS DEC 409159 55851521DEC21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 423.15 FIRE STA 2 GAS DEC 409155 55851539DEC21 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 197,37 WELL 5 GAS DEC 409156 55851562DEC21 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/RPR 21.00 WELL 4 GAS DEC 409157 55851604DEC21 5320.6256 UTILITIES-NATURAL GAS WATER WELUBOOSTER STN MNT/RPR 1,150.56 WTP GAS DEC 409137 55877872DEC21 5325.6256 UTILITIES-NATURAL GAS WATER TREATMENT FCLTY MNTC/RPR 145.27 WELL 1 GAS DEC 409135 55887046DEC21 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/RPR 1,080.84 FIRE STA 1 GAS DEC 409136 55888184DEC21 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 3,154.53 IA2 GAS DEC 409134 559789280FC21 5265.6256 UTILITIES-NATURAL GAS ARENA 2 BLDG MAINTENANCE-HAYES 1.00- CMF STRG BLD 1 LATE FEE REMOVE 409151 56034416DEC21 1540.6349 LATE FEES/FINANCE CHARGES CMF BUILDINGS&GROUNDS MNTC 1,999.31 CMF STRG BLD 1 GAS DEC 409151 56034416DEC21 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 91.32 HAGEMEISTER PK GAS DEC 409132 56100324DEC21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 710.91 LIQ 1 GAS DEC 409133 56265598DEC21 5025.6256 UTILITIES-NATURAL GAS LIQUOR#1 OPERATIONS 228_69 JC ACTIVITY CTR GAS DEC 409130 56281637DEC21 730.6256 UTILITIES-NATURAL GAS PARK BUILDING MR lANCE R55CKR2 L_ _0101 CITY OFAPPL .LEY 12/22/2,. J7:34 Council Check Register by GL Page- 15 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311193 12/22/2021 100319 CENTERPOINT ENERGY Continued... 1.00- AQUATIC CTR LATE FEE REMOVED 409150 56284078DEC21 1940.6349 LATE FEES/FINANCE CHARGES AQUATIC SWIM CENTER 239.89 AQUATIC CTR GAS DEC 409150 56284078DEC21 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 71.99 HUNTINGTON PK GAS DEC 409129 56346620DEC21 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 1.02- CMF LATE FEE REMOVED 409149 56696487DEC21 1540.6349 LATE FEES/FINANCE CHARGES CMF BUILDINGS&GROUNDS MNTC 929.44 CMF GAS DEC 409149 56696487DEC21 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 23.14 460 REFLECTION RD GAS DEC 409127 75761361DEC21 5380,6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 15.00 SWIM UNIT D GAS DEC 409128 78955218DEC21 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 222.08 SWIM PK GAS DEC 409126 79512695DEC21 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 696,37 HCSC GAS DEC 409131 79615332DEC21 1920.6256 UTILITIES-NATURAL GAS SENIOR CENTER 35.35 UTIL SAN LIFT 2 GEN GAS DEC 409125 91747147DEC21 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 1,997.49 GOLF GAS DEC 409122 96338967DEC21 5110.6256 UTILITIES-NATURAL GAS GOLF CLUBHOUSE BUILDING 30,223.94 311194 12/22/2021 100282 CINTAS CORPORATION 3.84 RUG SERVICE 408857 4104333101 1920.6240 CLEANING SERVICE/GARBAGE REMOVSENIOR CENTER 118.04 RUG SERVICE 409048 4104333252 1900.6240 CLEANING SERVICE/GARBAGE REMOVAV COMMUNITY CENTER 17.00 TOWELS,AIR FRESHENERS, 409077 4104527628 5110.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 91.36 MATS 409077 4104527628 5110.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 119.00 LINENS 409077 4104527628 5120.6240 CLEANING SERVICE/GARBAGE REMOVGOLF KITCHEN 349.24 311195 12/22/2021 130960 COLD SPRING GRANITE COMPANY 277.20 NICHE PLAQUE-CLAUDE 409088 RI1806750 5605.6325 COLUMBARIUM CEMETERY 277.20 311196 12/22/2021 122019 CROWN RENTAL-BURNSVILLE 71.82 SAW OIL 409065 3599921 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE 71.82 311197 12122/2021 100122 DAKOTA COUNTY TREASURER-AUDITOR 606.04 A/R INV#7492 DUPL PMT 409064 7492 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 606.04 311198 12/22/2021 153159 DREKKER BREWING CO 1,176.67 BEER#3 00052472 408938 13609 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,303.00 BEER#3 00052472 408937 13667 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 2,479.67 311199 12/22/2021 155301 DRIVER&VEHICLE SERVICES(PLATES) 72.00 POLICE PLATES 409080 20211210 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/22/202110:07:34 Council Check Register by GL Page- 16 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311199 12/22/2021 155301 DRIVER&VEHICLE SERVICES(PLATES) Continued... 72.00 311200 1212212021 152830 DVS RENEWAL 28.25 CLASS CHG-UNMARKED TO MARKED 409081 20211215 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 28.25 311201 12/22/2021 145240 ECOLAB PEST ELIM DIV 36,00 EDUBLDG-PEST CONTROL 409070 5904725 2092.6249 OTHER CONTRACTUAL SERVICES EDUCATION BUILDING FUND 36,00 311202 12/22/2021 156941 EXERCISE EQUIPMENT INSTALLATION 1,000.00 DISASSEMBLE,MOVE WEIGHT MACH 409057 1 7204.6399 OTHER CHARGES GRANT-ACTIVE WORKPLACES 1,000.00 311203 12122/2021 100166 FEDEX 21.51 FEDEX CHARGES 409067 759117588 5115.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP 21.51 311204 12/2212021 100168 FERRELLGAS 188.83 PROPANE FORKLIFT 409086 1117429349 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 188.83 311205 12/22/2021 100420 FISCHER MINING,LLC 29.38- GOLF USE TAX 409061 165666 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 29.38 GOLF USE TAX 409061 165666 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 427.31 SAND 409061 165666 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 427.31 311206 12/22/2021 100314 GREAT LAKES COCA-COLA DISTRIBU 588.92 TAX#3 00000122 408952 3608214806 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 19.04 NTAX#3 00000122 408953 3608214806 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 618.12 TAX#1 00000122 408949 3646213483 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 333.00 TAX#2 00000122 408951 3646213536 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 17.65- CMTAX#1 00000122 408950 3646213537 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,541.43 311207 12/22/2021 100231 HOHENSTEINS INC 1,220.62 BEER#3 00005574 408944 462386 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 2,014.70 BEER#1 00005574 408939 462404 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 815.80 BEER#2 00005574 408943 464049 5055,6530 BEER LIQUOR#2 STOCK P'—^.RASES R55CKR2 L.,-iS101 CITY OFAPPL, _LEY 12122/2L J7:34 Council Check Register by GL Page- 17 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311207 12/22/2021 100231 HOHENSTEINS INC Continued... 1,162.00 BEER#3 00005574 408945 464050 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 33.75 TAX#3 00005574 408946 464050 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 330.50 BEER#1 00005574 408940 464079 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,019.40 BEER#1 00005574 408941 465475 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 24.00 TAX#1 00005574 408942 465475 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,143.40 BEER#3 00005574 408947 465722 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 174.85 TAX#3 00005574 408948 465722 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 7,939.02 311208 12122/2021 144088 INDEED BREWING CO 141.60 BEER#2 00051420 408956 167296 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 188.10 BEER#3 00051420 408958 187271 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 251.50 BEER#1 00051420 408954 187297 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 210.00 BEER#3 00051420 408959 195662 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 244.45 BEER#1 00051420 408955 195670 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 210.65 BEER#2 00051420 408957 196131 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,246.30 311209 12/22/2021 120553 INTEGRATED LOSS CONTROL,INC. 984.50 ANNUAL SAFETY TRNG 2 SESSIONS 409058 14684 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 984.50 311210 12/22/2021 100013 J J TAYLOR DISTRIBUTING CO OF 4,403.25 BEER#3 00000116 408984 3250502 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 61.50 TAX#3 00000116 408985 3250502 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#3 00000116 408986 3250502 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3.00- CMFREIGHT#3 00000116 408987 3250502 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 10,392.90 BEER#1 00000116 408960 3250518 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 67.70 TAX#1 00000116 408961 3250518 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 408962 3250518 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 408963 3250518 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 34.25 WINE#2 00000116 408973 3250519 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1,018.10 BEER#2 00000116 408974 3250519 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 25.40 TAX#2 00000116 408975 3250519 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 3.00 FREIGHT#2 00000116 408976 3250519 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3.00- CMFREIGHT#2 00000116 408977 3250519 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 6,271.09 BEER#3 00000116 408988 3250545 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#3 00000116 408989 3250545 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3.00- CMFREIGHT#3 00000116 408990 3250545 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3,651.11 BEER#1 00000116 408964 3250556 5015.6530 BEER LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/22/202110:07:34 Council Check Register by GL Page- 18 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unil 311210 12/22/2021 100013 J J TAYLOR DISTRIBUTING CO OF Continued... 122.90 TAX#1 00000116 408965 3250556 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 165.00 NTAX#1 00000116 408966 3250556 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 408967 3250556 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 408968 3250556 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 2,324.30 BEER#2 00000116 408981 3250557 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 3.00 FREIGHT#2 00000116 408982 3250557 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3.00- CMFREIGHT#2 00000116 408983 3250557 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 6,194.05 BEER#3 00000116 408991 3250581 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 67.70 TAX#3 00000116 408992 3250581 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#3 00000116 408993 3250581 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3.00- CMFREIGHT#3 00000116 408994 3250581 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 5,588.39 BEER#1 00000116 408969 3250595 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 154.91 TAX#1 00000116 408970 3250595 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 3.00 FREIGHT#1 00000116 408971 3250595 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3.00- CMFREIGHT#1 00000116 408972 3250595 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 2,952,35 BEER#2 00000116 408978 3250596 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 3.00 FREIGHT#2 00000116 408979 3250596 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3.00- CMFREIGHT#2 00000116 408980 3250596 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 43,494.90 311211 12/2212021 155743 JACOBSON,DENVER 200.00 BOOTS-D JACOBSON 409074 20211214 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 200.00 311212 12/22/2021 101616 LMC INSURANCE TRUST 793.58 WC DED SPENCER DEC 2021 409054 18207 7205.6315 WORKERS COMP-DEDUCTIBLE INSURANCE CLAIMS 222.26 WC DED BOOTH T DEC 2021 408875 18224 7205.6315 WORKERS COMP-DEDUCTIBLE INSURANCE CLAIMS 225.27 WC DED GUADALAJARA DEC 2021 408877 18232 7205.6315 WORKERS COMP-DEDUCTIBLE INSURANCE CLAIMS 118.81 WC DED DROGSETH DEC 2021 408876 18238 7205.6315 WORKERS COMP-DEDUCTIBLE INSURANCE CLAIMS 1,359.92 311213 12/22/2021 119353 MADISON NATIONAL LIFE INS CO INC 248.30 STD FEES DECEMBER 2021 408871 20211201 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 1.37 LTD INS ADJ WITKOWSKI 408871 20211201 9000.2113 ACCRUED LTD PAYROLL CLEARING BAL SHEET 2,331.29 LTD INSURANCE DECEMBER 408871 20211201 9000.2113 ACCRUED LTD PAYROLL CLEARING BAL SHEET 2,580.96 311214 12/2212021 142012 MAX STEININGER,INC 17,500.00 NRMP EVHS STADIUM&FIELD PROJ 408882 20211214 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 17,500.00 R55CKR2 L._.3101 CITY OF APPL. .LEY 12/22/2i. J7:34 Council Check Register by GL Page- 19 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311214 12/22/2021 142012 MAX STEININGER,INC Continued... 311215 12/22/2021 100309 MENARDS 33.06 PENNOCK FENCE REPAIR 409043 25590 5506.6229 GENERAL SUPPLIES STORM LIFT STN MNTC/RPR 8.47 REDWOOD DRAIN REPAIR 409154 28415 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 41.53 311216 12/22/2021 112614 METRO CHIEF FIRE OFFICERS ASSN 100.00 2022 DUES-METRO CHIEF ASSC. 409145 20211208 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 100.00 311217 12122/2021 154324 MILK AND HONEY LLC 440.00 BEER#3 00052601 409008 9570 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 440.00 311218 12/2212021 155164 MN OCCUPATIONAL HEALTH 62.00 DOT TESTING 409091 383575 1700.6235 CONSULTANT SERVICES PARK&RECREATION MANAGEMENT 164.00 DOT TESTING 409091 383575 1610.6235 CONSULTANT SERVICES STREET/BOULEVARD REPAIR&MNTC 226.00 311219 12/2212021 151869 MODIST BREWING CO LLC 144.00 BEER#1 00052303 409009 27105 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 144.00 BEER#3 00052303 409011 27108 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 198.00 BEER#3 00052303 409012 27280 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 207.00 BEER#1 00052303 409010 27454 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 693.00 311220 12/22/2021 156943 MOULD,VIRGINIA 10.00 SENIOR EVENT 408863 34223793 1001.4360 REC-SENIOR PROGRAM REVENUE GENERAL FUND REVENUE 10.00 311221 12/22/2021 100995 NAPA AUTO PARTS 87.60 BRAKE CLEANER 409097 5763847097 1530.6229 GENERAL SUPPLIES FLEET&BUILDINGS-CMF 150.61 OIL&FUEL FILTERS KENWORTHS 409099 5763847185 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 11.84 AIR FILTER#4991 409098 5763847202 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 2.36- GOLF USE TAX 409071 5763847315 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 2.36 GOLF USE TAX 409071 5763847315 5155.6212 MOTOR FUELS/OILS GOLF EQUIPMENT MAINTENANCE 34.28 OIL 409071 5763847315 5155.6212 MOTOR FUELS/OILS GOLF EQUIPMENT MAINTENANCE 284.33 311222 12/22/2021 127905 OFFICE OF MN.IT SERVICES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/22/202110:07:34 Council Check Register by GL Page- 20 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311222 1212212021 127905 OFFICE OF MN.IT SERVICES Continued... 464,10 LANGUAGE LINE-NOV 409062 W21110565 1200.6237 TELEPHONE/PAGERS POLICE MANAGEMENT 464.10 311223 12/22/2021 143302 PINNACLE ENGINEERING,INC. 312.00 NRMP 6055 150TH ST W 409051 20211215 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 312.00 311224 12122/2021 156797 PORTAGE BREWING COMPANY 346.50 BEER#3 00052810 409013 1337 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 346.50 311225 12/22/2021 153484 PRYES BREWING COMPANY LLC 56.00 BEER#1 00052530 409014 30415 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 398.40 BEER#3 00052530 409015 30680 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 454.40 311226 12/2212021 151673 RACHEL CONTRACTING,INC. 21,826.68 ERICKSON PK STM SWR PMT#2 409063 20211214 5505.6810 2020106D CONSTRUCTION IN PROGRESS STORM DRAIN MNTC/RPR/SUMPS 21,826.68 311227 12/22/2021 156940 RE/MAX PRODIGY 429.32 UB REFUND 7581 142ND ST W 409053 20211209C 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 429.32 311228 12/22/2021 149126 RED BULL DISTRIBUTION COMPANY 68.50 TAX#1 00052064 409016 5000693993 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 72.00 TAX#2 00052064 409017 5000722027 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 140.50 311229 12/22/2021 151932 RED WING BUSINESS ADVANTAGE ACCOUNT 200.00 BOOTS-N BECKER 408862 724189781 1510.6281 UNIFORM/CLOTHING ALLOWANCE PW ENGINEERING&TECHNICAL 200.00 BOOTS-T DOSTAL 408878 724189782 5105.6281 UNIFORM/CLOTHING ALLOWANCE GOLF MANAGEMENT 200.00 BOOTS-R DINGMAN 408860 724189889 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 200.00 BOOTS-B THORFINNSON 408879 724190020 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 198.60 BOOTS-K OTTO 408861 724190188 1900.6281 UNIFORM/CLOTHING ALLOWANCE AV COMMUNITY CENTER 196.60 BOOTS-T MCWILLIAMS 409042 7241907171 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 200.00 BOOTS-A PROSHEK 408873 724191143 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 200.00 BOOTS-J REINER 409093 724191144 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 30.36 BOOT WATERPROOFER-N CLARK 408872 724191164 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 200.00 BOOTS-J PRZYBYLSKI 408859 724191166 '600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMr R55CKR2 Ls.. ,a101 CITY OFAPPL _LEY 12/22/2, J7:34 Council Check Register by GL Page- 21 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311229 12122/2021 151932 RED WING BUSINESS ADVANTAGE ACCOUNT Continued... 200.00 BOOTS-R DUGAN 409094 724191167 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 200.00 BOOTS-T LERUM 409095 724191383 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 187.04 BOOT-C KOPESKY 408884 724191425 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 2,412.60 311230 12/22/2021 154712 ROBERT HALF 1,185.20 TEMP EE KOVACIC WEEK END 12/03 409059 58980166 1100.6120 EMPLOYMENT AGENCIES DEV MANAGEMENT 1,081.50 TEMP EE KOVACIC WEEK END 12/10 409060 59004116 1100.6120 EMPLOYMENT AGENCIES DEV MANAGEMENT 2,266.70 311231 12/22/2021 119316 RON KASSA CONSTRUCTION INC 3,364.06 '21 CONCRTE REMVUREPL FINAL#7 408883 20211129 1610.6249 2021128G OTHER CONTRACTUAL SERVICES STREET/BOULEVARD REPAIR&MNTC 3,364.06 311232 12/22/2021 137382 SET MULCH 56.00 SWEEPINGS-LEAVES 409114 103073931 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 56.00 SWEEPINGS-LEAVES 409115 103073932 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 56.00 SWEEPINGS-LEAVES 409116 103073939 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 56.00 SWEEPINGS-LEAVES 409117 103073940 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 224.00 311233 12/22/2021 154912 SP3 LLC 1,986.71 BEER#3 00052668 409019 126520 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 723.50 BEER#3 00052668 409018 127803 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 2,710.21 311234 12/22/2021 145118 STEEL TOE BREWING,LLC 99.00 BEER#2 00051551 409020 43740 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 99.00 311235 12/22/2021 147332 SUNLIFE 99.00 BASIC LIFE INSURANCE DECEMBER 408870 20211201 9000.2117 ACCRUED LIFE INSUR-BASIC PAYROLL CLEARING BAL SHEET 10,358.65 SUPP/DEP DECEMBER 408870 20211201 9000.2118 ACCRUED LIFE INSUR-SUPP/DEPEND PAYROLL CLEARING BAL SHEET 10,457.65 311236 12/2212021 100493 VALLEY BUICK GMC INC 289.16 FUEL PUMP#409 409050 48460 5390.6215 EQUIPMENT-PARTS SWR EQUIP/VEHICLE MISC MNTC/RP 289.16 20211218 12/17/2021 102664 US BANK R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/22/202110:07:34 Council Check Register by GL Page- 22 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20211218 12117/2021 102664 US BANK Continued... 762.81 EMPLOYEE MEDICARE 408512 1213211336205 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 762.81 CITY SHARE MEDICARE 408512 1213211336205 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 2,704.15 FEDERAL TAXES PR 408512 1213211336205 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 4,229.77 20211219 12/17/2021 100657 MN DEPT OF REVENUE 1,556.00 STATE TAX WITHHOLDING 408511 1213211336204 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET 1,556.00 20211220 12/14/2021 148841 FURTHER 408.31 FLEX SPENDING DAYCARE 2021 409023 40052757 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 408.31 20211221 12/16/2021 100038 APPLE VALLEY FIREFIGHTERS RELI 1 155.00 408508 1213211336201 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1.155.00 20211222 12116/2021 151440 VANTAGEPOINT TRANSFER AGENTS 350.00 ROTH 457-PLAN#301171-FIRE TOO 408513 1213211336206 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 350.00 20211223 12/16/2021 100240 VANTAGEPOINT TRANSFER AGENTS-457 FT 200.00 ICMA-PLAN#301171-FIRE TOO 408509 1213211336202 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 200.00 20211224 12/1612021 100241 VANTAGEPOINT TRANSFER AGENTS-457 PT 2,765.02 408510 1213211336203 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,765.02 20211225 12/13/2021 135249 NORTHLAND TRUST SERVICES,INC. 1,250.00 INT GO BOND 2012A-EQ CERT 409025 20211213 3372.7015 DEBT SERVICE-INTEREST EQUIP CERT 2012,$1,305,000 125,000.00 PRINC GO BOND 2012A-EQ CERT 409025 20211213 3372.6910 BOND PRINCIPAL EQUIP CERT 2012,$1,305,000 2,400.00 INT GO BOND 2012A 409025 20211213 3382.7015 DEBT SERVICE-INTEREST GO IMP BOND 2012,$920,000 120,000.00 PRINC GO BOND 2012A 409025 20211213 3382.6910 BOND PRINCIPAL GO IMP BOND 2012,$920,000 87,812.50 INT GO CROSSOVER REF-2013A 409025 20211213 3387.7015 DEBT SERVICE-INTEREST GO REF 2013A,$9,000,000 155,000.00 PRINC GO CROSSOVER REF-2013A 409025 20211213 3387.6910 BOND PRINCIPAL GO REF 2013A,$9,000,000 5,200.00 INT GO BOND 2015E-2007A PARK B 409025 20211213 3397,7015 DEBT SERVICE-INTEREST GO PARK BOND 2015E$5,860,000 6,400.00 INT GO BOND 2015B-2008D PARK B 409025 20211213 3397.7015 DEBT SERVICE-INTEREST GO PARK BOND 2015B$5,8611,000 9,850.00 INT GO BOND 2015B-2011A PARK 409025 20211213 3397.7015 DEBT SERVICE-INTEREST GO PARK BOND 2015B$5,860,000 95,000.00 PRINC GO BOND 2015B-2011A PARK 409025 20211213 '397.6910 BOND PRINCIPAL GO PARK BOND 201r- -c,860,000 R55CKR2 L. _6101 CITY OFAPPL .LEY 12/22/2, J7:34 Council Check Register by GL Page- 23 Council Check Register by Invoice&Summary 12/13/2021-- 12/24/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20211225 12/13/2021 135249 NORTHLAND TRUST SERVICES,INC. Continued... 250,000.00 PRINC GO BOND 2015B-2007A PARK 409025 20211213 3397,6910 BOND PRINCIPAL GO PARK BOND 2015E$5,860,000 280,000.00 PRINC GO BOND 2015E-2008D PARK 409025 20211213 3397.6910 BOND PRINCIPAL GO PARK BOND 20158$5,860,000 92,715,67 INT GO BOND REFUND-2021A 409025 20211213 3412.7015 DEBT SERVICE-INTEREST REF BONDS 2021A,$5,945,000 430,000.00 PRINC GO BOND REFUND-2021A 409025 20211213 3412.6910 BOND PRINCIPAL REF BONDS 2021A,$5,945,000 10,843.75 INT GO BOND 2015E-2011A STORM 409025 20211213 5505.7015 DEBT SERVICE-INTEREST STORM DRAIN MNTC/RPR/SUMPS 180,000.00 PRINC GO BOND 2015E-2011A STOR 409025 20211213 5505.6910 BOND PRINCIPAL STORM DRAIN MNTC/RPR/SUMPS 1,851,471.92 20211226 12/14/2021 142866 HEALTHPARTNERS 5.45- T ORNDORFF CANCEL SINGLE DENTA 409024 20211201 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 5.45- J RIZZO CANCEL SINGLE DENTAL 409024 20211201 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 5.45 E CHIRPICH NEW HIRE SINGLE DEN 409024 20211201 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 1,248.05 DENTAL 409024 20211201 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 749.50- T ORNDORFF CANCEL SINGLE MEDIC 409024 20211201 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 749.50- J RIZZO CANCEL SINGLE MEDICAL 409024 20211201 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 749.50 E CHIRPICH NEW HIRE SINGLE MED 409024 20211201 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 1,337.50 M SAAM CHANGE TO FAMILY COVERA 409024 20211201 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 241,202-00 MEDICAL 409024 20211201 9000.2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 243,032.60 2,592,809.45 Grand Total Payment Instrument Totals Checks 222,020.23 EFT Payments 2,105,168.62 A/P ACH Payment 265,620.60 Total Payments 2,592,809.45 1 raa\g\ ----4Cf. \9`k" ,2., � R55CKS2 L 5100 CITY OFAPPL. _LEY 12/22/2L .7:38 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 12/13/2021- 12/24/2021 Company Amount 01000 GENERAL FUND 49,141.41 02010 CABLE TV RESERVE FUND 3,377.19 02025 ROAD ESCROW FUND 133,336.90 02090 PARTNERS IN EDUCATION 2,033.95 02095 CENTRAL VILLAGE PARKING LOT 89.57 03370 EQUIP CERT 2012,$1,305,000 126,250.00 03380 GO IMP BOND 2012,$920,000 122,400.00 03385 GO REF BOND 2013A,$9,000,000 242,812.50 03395 GO PARK BOND 2015B,$5,860,000 646,450.00 03410 REF BONDS 2021A,$5,945,000 522,715.67 04420 '21 FACILITIES CIP 17,407.00 04900 PHYSICAL IMPROVEMENTS ESCROW F 17,812.00 05000 LIQUOR FUND 133,249.18 05100 GOLF FUND 3,065.27 05200 ARENA FUND 18,756.28 05300 WATER&SEWER FUND 30,854.30 05500 STORM DRAINAGE UTILITY FUND 216,080.99 05600 CEMETERY FUND LEVEL PROGRAM 389.49 05800 STREET LIGHT UTIL FUND 37,491.82 07100 INSURANCE TRUST DENTAL FUND 1,242.60 07200 RISK MANAGEMENT/INSURANCE FUND 2,359.92 09000 PAYROLL CLEARING FUND 265,493.41 Report Totals 2,592,809.45 R55CKR2 L.._.6101 CITY OF APPL. .LEY 12/28/21. .,2:02 Council Check Register by GL Page- 1 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25544 12/31/2021 155911 5 STAR INSPECTIONS INC 13,301.11 NOV.2022 ELECTRICAL BILLING 409519 20211130 1445.6243 ELECTRICAL PERMIT FEES INSPECTIONS ELECTRICAL 13,301.11 25545 12/31/2021 100101 ACE HARDWARE 6.69- DISCOUNT 409480 101360938231 1900.6333 GENERAL-CASH DISCOUNTS AV COMMUNITY CENTER 66.93 DOOR STOPS-PAINT SUPPLIES 409480 101360938231 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER .24- DISCOUNT 409479 101400937511 5310.6333 GENERAL-CASH DISCOUNTS WATER METER RPR/REPLACE/READNC 2.49 CABLE TIES FOR METER INSTALLS 409479 101400937511 5310.6229 GENERAL SUPPLIES WATER METER RPR/REPLACE/READNC .55- DISCOUNT 409478 101400938101 5325.6333 GENERAL-CASH DISCOUNTS WATER TREATMENT FCLTY MNTC/RPR 5.59 HEX BUSHING 409478 101400938101 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/RPR 67.53 25546 12131/2021 150442 ADVANCED ENGINEERING&ENVIRO 1,338.75 EAGAN AV SEWER METERING PROJ 409178 77928 5390.6735 2021138W CAPITAL OUTLAY-OTHER IMPROVEME SWR EQUIP/VEHICLE MISC MNTC/RP 22,597.25 SCADA SYSTEM UPGRADE 409177 78088 5305.6735 2021132G CAPITAL OUTLAY-OTHER IMPROVEME WATER MGMT/REPORT/DATA ENTRY 844.22 SCADA WORK LS 2 409179 78089 5390.6249 OTHER CONTRACTUAL SERVICES SWR EQUIP/VEHICLE MISC MNTC/RP 844.22 SCADA WORK SLS 10 409179 78089 5506.6249 OTHER CONTRACTUAL SERVICES STORM LIFT STN MNTC/RPR 7,630.00 WATER SYSTEM AMMONIA STUDY 409176 78093 5305.6235 2021122W CONSULTANT SERVICES WATER MGMT/REPORT/DATA ENTRY 33,254.44 25547 12/31/2021 144685 AM CRAFT SPIRITS INC 124.62 TAX#3 00051504 409244 13707 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 123.03 NTAX#3 00051504 409245 13707 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 3.00 FREIGHT#3 00051504 409246 13707 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 36.57 TAX#1 00051504 409241 13712 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 32.07 NTAX#1 00051504 409242 13712 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 3.00�-REIGHT#1 00051504 A09243 13712 50.15.65.5.11. .EREIGH.T.ON RE$ALE.MQSE LIQUOR#1 STOCK PURCHASES 322.29 25548 12/31/2021 100609 ASPEN EQUIPMENT CO 725.00 246 SNOW PLOW WINGS 409165 10233540 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 725.00 25549 12/31/2021 100054 BAUER BUILT INC 5,014.40 PLOW TRUCK TIRES 409473 180276087 1630.6216 VEHICLES-TIRES/BATTERIES STREET EQUIPMENT MAINTENANCE 5,014.40 25550 12/31/2021 100058 BELLBOY CORPORATION 87.00 LIQ#3 USED CREDIT TWICE 00004928 409264 104074000A 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 88.00 TAX#1 00004928 409247 104385800 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/202110:52:02 Council Check Register by GL Page- 2 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25550 1213112021 100058 BELLBOY CORPORATION Continued... 37.00- CMTAX#1 00004928 409248 104385800 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 134.35 TAX#3 00004928 409267 104386000 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 152.60 NTAX#3 00004928 409268 104386000 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 105.60 LIQ#1 00004928 409249 104429300 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 99.90 TAX#1 00004928 409250 104429300 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 23.00 NTAX#1 00004928 409251 104429300 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 174.00 LIQ#3 00004928 409273 104429500 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 37.50 NTAX#3 00004928 409274 104436400 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 118.40 TAX#1 00004928 409252 104465200 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 305.55 NTAX#1 00004928 409253 104465200 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 459.00 LIQ#3 00004928 409276 104465600 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 69.05 TAX#3 00004928 409277 104465600 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 178.95 NTAX#3 00004928 409278 104465600 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 196.90 TAX#3 00004928 409279 104465900 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 249.00 LIQ#1 00004928 409257 92624000 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 6.00 FREIGHT#1 00004928 409258 92624000 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 332.00 LIQ#3 00004928 409269 92624100 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 8,00 FREIGHT#3 00004928 409270 92624100 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 220_00 LIQ#1 00004928 409254 92696300 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 67.95 NTAX#1 00004928 409255 92696300 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 4.00 FREIGHT#1 00004928 409256 92696300 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 707.00 LIQ#3 00004928 409265 92697200 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 6.00 FREIGHT#3 00004928 409266 92697200 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2,208.50 LIQ#1 00004928 409259 92838900 5015,6510 LIQUOR LIQUOR#1 STOCK PURCHASES 15.50 FREIGHT#1 00004928 409260 92838900 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 629.00 WINE#3 00004928 409271 92839200 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 12.00 FREIGHT#3 00004928 409272 92839200 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 132.00 LIQ#3 00004928 409275 92862500 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 583.25 LIQ#1 00004928 409261 92936500 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 67.95 NTAX#1 00004928 409262 92936500 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 12.00 FREIGHT#1 00004928 409263 92936500 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 688.75 LIQ#3 00004928 409280 92938300 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 226.95 NTAX#3 00004928 409281 92938300 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 16.00 FREIGHT#3 00004928 409282 92938300 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 8,384.65 25551 12131/2021 121092 BOURGET IMPORTS 192.00 WINE#3 00045600 409283 183011 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 3.50 FREIGHT#3 00045600 409284 183011 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 872.00 WINE#3 00045600 409285 183323 185.6520 WINE LIQUOR#3 STOCK -IASES R55CKR2 L,_.6101 CITY OFAPPLL .LEY 12/28/2L .,2:02 Council Check Register by GL Page- 3 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25551 12/31/2021 121092 BOURGET IMPORTS Continued... 15,75 FREIGHT#3 00045600 409286 183323 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,083,25 25552 12/3112021 121014 BUCKEYE CLEANING CENTER .63- GOLF SALES TAX ADJUST 409216 90362542 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE .63 GOLF SALES TAX ADJUST 409216 90362542 5100.2330 DUE TO OTHER GOVERNMENT GOLF FUND BALANCE SHEET 134,24 VACUUM REPAIR 409216 90362542 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 134.24 25553 12/31/2021 100630 CASPERSON,PATRICK S 47.04 10/5-12/8 MILEAGE-CASPERSON 409512 20211208 1920.6277 MILEAGE/AUTO ALLOWANCE SENIOR CENTER 47.04 25554 12/31/2021 100100 CNH ARCHITECTS 747.50 LS#1 BREAKROOM DESIGN 409189 2142 5025.6740 CAPITAL OUTLAY-MACH/EQ/OTHER LIQUOR#1 OPERATIONS 747.50 25555 12/31/2021 123296 CTM SERVICES 1,572.98 ICE SHAVER PARTS 409166 5056 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 807.56 ICE SHAVER PARTS 409205 5125 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 2,380.54 25556 12/31/2021 100128 DAKOTA ELECTRIC ASSOCIATION 25.49 943 1/2 GARDENVIEW DR DEC 409505 200010052737DEC 5805,6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 21 25.49 25557 12/31/2021 100141 DICKS VALLEY SERVICE 85.00 TOWING#347 409224 2127900 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCE 85.00 25558 12/31/2021 101365 ECM PUBLISHERS INC 770.00 PRE-HOLIDAY SALE AD 409237 867481 5005.6239 PRINTING LIQUOR GENERAL OPERATIONS 770.00 25559 12/3112021 101410 ELECTRIC PUMP 4,010.37 MIX FLUSH VALVE LIFT 3 409468 722911N 5380.6211 SMALL TOOLS&EQUIPMENT SEWER LIFT STN REPAIR&MNTC 4,010.37 25560 12/3112021 100176 FLEXIBLE PIPE TOOL COMPANY R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/202110:52:02 Council Check Register by GL Page- 4 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25560 12/31/2021 100176 FLEXIBLE PIPE TOOL COMPANY Continued... 120,00 REPAIR OF CAMERA 409194 26933 5390.6265 REPAIRS-EQUIPMENT SWR EQUIPNEHICLE MISC MNTC/RP 120.00 25561 12131/2021 101056 FORCE AMERICA DISTRIBUTING LLC 86.00 PARTS-BUCKET TRUCK 409198 11597454 1610.6215 EQUIPMENT-PARTS STREET/BOULEVARD REPAIR&MNTC 86.00 25562 12/31/2021 149255 FORD OF HIBBING 28,921.30 21 FORD EXPL-#946 409167 APPVALLEY21101 7400.1750.048 TRANSPOR EQUIPMNT-4 YRS VERF-POLICE BAL SHEET 28,921.30 21 FORD EXPL-#944 409167 APPVALLEY21101 7400.1750.048 TRANSPOR EQUIPMNT-4 YRS VERF-POLICE BAL SHEET 57,842.60 25563 12/31/2021 100217 GRAINGER,INC. 53,96 SOCKET FOR PLOWS 409493 9138097523 1630.6229 GENERAL SUPPLIES STREET EQUIPMENT MAINTENANCE 53.96 25564 12/31/2021 153115 HATTOUNI,JOYETTA 10.00 NORTHSTAR APA MEETING 409206 20211213 1020.6275 SCHOOLS/CONFERENCES/EXP LOCAL HUMAN RESOURCES 50.00 NORTHSTAR APA DUES-HATTOUNI 409206 20211213 1020.6280 DUES&SUBSCRIPTIONS HUMAN RESOURCES 60.00 25565 12131/2021 103314 INNOVATIVE OFFICE SOLUTIONS 570.50 HON CHAIR FINANCE 409168 CIN104515 1035.6229 GENERAL SUPPLIES FINANCE 63.55 LAMINATING POUCHES RUBBER BAND 409226 IN3591321 1500.6210 OFFICE SUPPLIES PW MANAGEMENT 149.12 WHITE BOARD-BRINE ROOM 409226 IN3591321 1600.6210 OFFICE SUPPLIES STREET MANAGEMENT 26.44 MOUSE FILE JACKETS 409226 IN3591321 5305.6210 OFFICE SUPPLIES WATER MGMT/REPORT/DATA ENTRY 25.89 BINDERS,LABELS&TAPE-SUPPLY 409234 IN3594891 1035.6210 OFFICE SUPPLIES FINANCE 28.38 3 WALL CALENDARS-PLANNING 409235 IN3595264 1100.6210 OFFICE SUPPLIES DEV MANAGEMENT 13.98 CALENDARS FOR STAFF 409236 IN3595372 1015.6210 OFFICE SUPPLIES CITY CLERK/ELECTIONS 877.86 25566 12/3112021 120821 INTEREUM 417.60 CHAIR UTILITY BILLING 409238 183830 5305.6229 GENERAL SUPPLIES WATER MGMT/REPORT/DATA ENTRY 417.60 CHAIR UTILITY BILLING 409238 183830 5365.6229 GENERAL SUPPLIES SEWER MGMT/REPORTS/DATA ENTRY 835.20 25567 12/31/2021 154223 LIGHTNING DISPOSAL,INC. 485.00 PARKS YARD WASTE CONTAINER 409469 244618 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 485.00 R55CKR2 L._..6101 CITY OFAPPL. .EY 12/28/2L ,2:02 Council Check Register by GL Page- 5 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25568 12/31/2021 100289 LOGIS Continued... 15.00 ENTRUST TOKENS 409494 51335 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 146,55 STATE WAN/INTERNET OCT 409494 51335 1040.6399 OTHER CHARGES DATA PROCESSING 12,090.32 NETWORK SWITCHES 409494 51335 1030.6725 CAPITAL OUTLAY-OFFICE EQUIP INFORMATION TECHNOLOGY 39.42 STATE WAN/INTERNET OCT 409494 51335 5005.6399 OTHER CHARGES LIQUOR GENERAL OPERATIONS 16.17 STATE WAN/INTERNET OCT 409494 51335 5205.6399 OTHER CHARGES ARENA 1 MANAGEMENT 101.08 STATE WAN/INTERNET OCT 409494 51335 5365.6399 OTHER CHARGES SEWER MGMT/REPORTS/DATA ENTRY 101.08 STATE WAN/INTERNET OCT 409494 51335 5305.6399 OTHER CHARGES WATER MGMT/REPORT/DATA ENTRY 518.00 WIRELESS AP LICENSES 409494 51335 5305.6735 CAPITAL OUTLAY-OTHER IMPROVEME WATER MGMT/REPORT/DATA ENTRY 2,740.68 FIBER NETWORK SWITCH 409494 51335 5305.6735 CAPITAL OUTLAY-OTHER IMPROVEME WATER MGMT/REPORT/DATA ENTRY 15,768.30 25569 12131/2021 154706 LOMPLAN WINES LLC 858.18 WINE#3 00052648 409379 82555971 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 12.00 FREIGHT#3 00052648 409380 82555971 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 297.00 WINE#1 00052648 409377 83220139 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 4.50 FREIGHT#1 00052648 409378 83220139 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 396.00 WINE#3 00052648 409381 83220196 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 6.00 FREIGHT#3 00052648 409382 83220196 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,573.68 25570 12/31/2021 100299 MASTER ELECTRIC CO 987.13 RPL PSI WASH BAY SWITCHES 409520 SD37795 1540.6266 REPAIRS-BUILDING CMF BUILDINGS&GROUNDS MNTC 474.63 LIGHTING REPAIRS IN WTP 409466 SD37798 5325.6215 EQUIPMENT-PARTS WATER TREATMENT FCLTY MNTC/RPR 480.00 LIGHTING REPAIRS IN VVTP 409466 SD37798 5325.6265 REPAIRS-EQUIPMENT WATER TREATMENT FCLTY MNTC/RPR 215.00 LOCATING WELLS FOR BORING FIBE 409191 SD37800 5320.6249 OTHER CONTRACTUAL SERVICES WATER WELL/BOOSTER STN MNT/RPR 281.25 LOCATES FOR MC BUILDING FOR NE 409209 SD37801 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 281.25 LOCATE FOR FIBER BORING 409192 S037802 5320.6249 OTHER CONTRACTUAL SERVICES WATER WELL/BOOSTER STN MNT/RPR 1,169.43 BALLFIELD LIGHTING REPAIR 409204 SD37803 1765.6249 OTHER CONTRACTUAL SERVICES PARK EQUIPMENT MAINTENANCE 841.70 RPL EXIT LIGHT&MOVE LIGHT 409476 SD37834 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 4,730.39 25571 12/31/2021 151844 MAVERICK WINE LLC 559.80 WINE#3 00052289 409383 696022 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 9.00 FREIGHT#3 00052289 409384 696022 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 568.80 25572 12/31/2021 100302 MCNAMARA CONTRACTING INC 1,360.00 SPOILS CLEAN UP 409173 5117 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MNTC 2,049.84 ASPHALT REPAIRS 409173 5117 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MNTC 3,409.84 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/202110:52:02 Council Check Register by GL Page- 6 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25572 12/31/2021 100302 MCNAMARA CONTRACTING INC Continued... 25573 12/31/2021 100348 MTI DISTRIBUTING CO 35,23 5900 TIRE TUBES 409197 133161500 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 328.98 MOWER PARTS-WHEEL 409208 133165200 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 148.13 MOWER PARTS-FILTER 409200 133167700 5155.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 512.34 25574 12/3112021 119714 MUSICAL SAFARI INC 336.00 NOV-DEC 2022 MUSICAL SAFARI 409516 20211215 1845.6249 OTHER CONTRACTUAL SERVICES REC SELF SUPPORT PROG GENERAL 336.00 25575 12/31/2021 154297 NITTI SANITATION 461.11 CH TRASH DEC 409495 30182001DEC21 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MNTC 995,41 CMF GAS DEC 409515 30182002DEC21 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS&GROUNDS MNTC 135.88 FIRE STA 1 TRASH DEC 409500 30182003DEC21 1340.6240 CLEANING SERVICE/GARBAGE REMOVFIRE BLDG&GROUNDS MNTC 37.36 FIRE STA 2 TRASH DEC 409501 30182004DEC21 1340.6240 CLEANING SERVICE/GARBAGE REMOVFIRE BLDG&GROUNDS MNTC 48.03 FIRE STA 3 TRASH DEC 409502 30182005DEC21 1340.6240 CLEANING SERVICE/GARBAGE REMOVFIRE BLDG&GROUNDS MNTC 182.68 LIQ 1 TRASH DEC 409506 30182006DEC21 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#1 OPERATIONS 83.70 LIQ 2 TRASH DEC 409503 30182007DEC21 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#2 OPERATIONS 47.70 LIQ 3 TRASH DEC 409504 30182008DEC21 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 99,18 OLD CH TRASH DEC 409507 30182009DEC21 2092.6240 CLEANING SERVICE/GARBAGE EDUCATION BUILDING FUND 248.03 HCSC TRASH DEC 409513 30182010DEC21 1920.6240 CLEANING SERVICE/GARBAGE REMOVSENIOR CENTER 368.02 AVCC TRASH DEC 409513 30182010DEC21 1900.6240 CLEANING SERVICE/GARBAGE REMOVAV COMMUNITY CENTER 184.01 IA2 TRASH DEC 409513 30182010DEC21 5265.6240 CLEANING SERVICE/GARBAGE REMOVARENA 2 BLDG MAINTENANCE-HAYES 228.91 REDWOOD TRASH DEC 409508 30182011DEC21 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 263.34- AVFAC SWIM OCT CREDIT 409463 30182012OCT21CM 1940.6240 CLEANING SERVICE/GARBAGE REMOVAQUATIC SWIM CENTER 77.22 JC ACTIVITY CTR TRASH DEC 409509 30182013DEC21 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 189.19 JCR PK TRASH DEC 409510 30182014DEC21 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 22.39- QP OCT CREDIT 409457 301820150CT21CM 1945.6240 CLEANING SERVICE/GARBAGE REMOVQUARRY POINTE 86.58 VM PK TRASH DEC 409511 30182016DEC21 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 546.96 GOLF TRASH DEC 409413 30182017DEC21 5145.6240 CLEANING SERVICE/GARBAGE REMOVGOLF SHOP BUILDING MAINTENANCE 3,734.24 25576 12/31/2021 146279 NORDIC MECHANICAL SERVICES,I 215.00 RPR WIRING ON BOILER 409211 63011 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 717.50 MUNI THERMOSTAT RELOCATE 409174 63012 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 68,960.00 NEW RTU#2 INSTALL PD 409481 63088 4002.6715 CAPITAL OUTLAY-BUILDINGS MUNICIPAL BUILDINGS 69,892.50 25577 12/31/7" 141723 PRECISE MRM LLC R55CKR2 L,.-.6101 CITY OFAPPL. -BEY 12/28/2L ,2:02 Council Check Register by GL Page- 7 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25577 12/31/2021 141723 PRECISE MRM LLC Continued... 675.00 PLOW TRUCK GPS SERVICES(27) 409169 2001034103 1665.6249 OTHER CONTRACTUAL SERVICES STREET SNOW&ICE MATERIALS 675.00 25578 12/3112021 122110 REINDERS INC 472.43 FLAGS AND CUPS 409183 308506400 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 516.25 FLAGS AND CUPS 409184 308506401 5150.6229 GENERAL SUPPLIES GOLF COURSE MAINTENANCE 988.68 25579 12/31/2021 142782 RINK-TEC INTERNATIONAL 1,140.61 HAYES REFRIG MAINT-3RD QTR 409487 4657 5265.6266 REPAIRS-BUILDING ARENA 2 BLDG MAINTENANCE-HAYES 761.34 HAYES COMPRESSOR REPAIR 409488 4735 5265.6266 REPAIRS-BUILDING ARENA 2 BLDG MAINTENANCE-HAYES 1,901.95 25580 12/31/2021 147460 TRADITION WINE&SPIRITS 525.33 WINE#3 00051881 409416 29587 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 12.00 FREIGHT#3 00051881 409417 29587 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 537.33 25581 12/31/2021 131594 UNIVERSAL CLEANING SERVICES IN 591.00 CMF CLEANING SERVICE DEC 409171 131593 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS&GROUNDS MNTC 1,995.00 MUNI CLEANING SERVICE DEC 409172 131594 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MNTC 2,586.00 25582 12/31/2021 142614 USA SAFETY SUPPLY CORP 167.30 HI VIZ TSHIRTS-STOCK 409227 149305 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 167.30 25583 12/31/2021 100498 VIKING INDUSTRIAL CENTER 127.44 SHOE COVERING/METER INSTALL 409196 3230898 5310.6229 GENERAL SUPPLIES WATER METER RPR/REPLACE/READNC 127.44 25584 12/31/2021 122010 VINOCOPIA 92.25 WINE#3 00046257 409426 293362 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 2.50 FREIGHT#3 00046257 409427 293362 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 92.25 LIQ#1 00046257 409418 293363 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 568.00 WINE#1 00046257 409419 293363 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 14.00 FREIGHT#1 00046257 409420 293363 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 120.00- CMWINE#1 00046257 409421 293363CM 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2.00- CMFREIGHT#1 00046257 409422 293363CM 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 108.25 LIQ#3 00046257 409428 293906 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/202110:52:02 Council Check Register by GL Page- 8 Council Check Register by Invoice&Summary 12/13/2021-- 12J31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 25584 12/31/2021 122010 VINOCOPIA Continued... 1,416.00 WINE#3 00046257 409429 293906 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 117.50 TAX#3 00046257 409430 293906 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 26.25 FREIGHT#3 00046257 409431 293906 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 130.50 LIQ#1 00046257 409423 293907 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 604.00 WINE#1 00046257 409424 293907 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 14.00 FREIGHT#1 00046257 409425 293907 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3,063.50 25585 12/31/2021 126509 WATER CONSERVATION SERVICE 359.85 LOCATE FOR WATER MAIN BREAK 409190 11829 5330.6249 OTHER CONTRACTUAL SERVICES WTR MAIN/HYDRANT/CURB STOP MNT 359.85 25586 12131/2021 100520 WINE COMPANY,THE 170.00 LIQ#1 00015926 409432 191210 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 520.00 WINE#1 00015926 409433 191210 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 9.90 FREIGHT#1 00015926 409434 191210 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 158.00 WINE#3 00015926 409441 191857 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 5,00 FREIGHT#3 00015926 409442 191857 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 112.00 LIQ#1 00015926 409435 191858 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 184.00 WINE#1 00015926 409436 191858 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 4.20 FREIGHT#1 00015926 409437 191858 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 794.00 WINE#1 00015926 409438 192635 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 224,00- CMWINE#1 00015926 409439 192635 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 14.85 FREIGHT#1 00015926 409440 192635 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 138.00 LIQ#3 00015926 409443 192636 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 138.00- CMLIQ#3 00015926 409444 192636 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 698.67 WINE#3 00015926 409445 192636 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 11.55 FREIGHT#3 00015926 409446 192636 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2,458.17 25587 12/31/2021 100528 ZIEGLER INC 90.83 LIFT 1 GENERATOR THERMOSTAT 409193 IN000350653 5380.6215 EQUIPMENT-PARTS SEWER LIFT STN REPAIR&MNTC 90.83 311237 12/29/2021 100023 ANDERSEN INC,EARL F 151.00 TENNIS COURT SIGNAGE 409213 1286711N 1745.6229 GENERAL SUPPLIES PARK CRT/GAME AREA MAINTENANCE 151.00 311238 12/29/2021 154253 APPLE FORD LINCOLN 416.29 WATER PUMP#901 409518 549147 '10.6215 EQUIPMENT-PARTS POLICE FIELD OPEF NS/PATROL R55CKR2 Li,ai6101 CITY OFAPPL. ..EY 12/28/2L )2:02 Council Check Register by GL Page- 9 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311238 12/29/2021 154253 APPLE FORD LINCOLN Continued... 416.29 311239 12/29/2021 100036 APPLE VALLEY CHAMBER OF COMMER 20.00 CHAMBER LUNCH-LAWELL 409475 24794 1010.6275 SCHOOLS/CONFERENCES/EXP LOCAL ADMINISTRATION 40.00 CHAMBER LUNCH-NORDQUIST-SHARPE 409475 24794 1100.6275 SCHOOLS/CONFERENCES/EXP LOCAL DEV MANAGEMENT 40.00 CHAMBER LUNCH-BERGMAN-GOODWIN 409475 24794 1005.6275 SCHOOLS/CONFERENCES/EXP LOCAL MAYOR/CITY COUNCIL 100.00 311240 12/29/2021 100152 BREAKTHRU BEVERAGE MIN WINE 3,529.85 LIQ#3 00001930 409315 342147757 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 188.40- CMLIQ#3 00001930 409316 342147757 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 33.45 FREIGHT#3 00001930 409317 342147757 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1.15- CMFREIGHT#3 00001930 409318 342147757 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 39.99 LIQ#3 00001930 409319 342147758 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 308.04 TAX#3 00001930 409320 342147758 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 9.20 FREIGHT#3 00001930 409321 342147758 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,172.00 WINE#3 00001930 409350 342147759 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 652.00- CMWINE#3 00001930 409351 342147759 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 11.79 FREIGHT#3 00001930 409352 342147759 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 3.45- CMFREIGHT#3 00001930 409353 342147759 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 44.00 TAX#3 00001930 409322 342147760 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1.15 FREIGHT#3 00001930 409323 342147760 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,692.39 LIQ#2 00001930 409301 342147770 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 14.95 CMLIQ#2 00001930 409302 342147770 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 152.56 TAX#2 00001930 409303 342147771 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 5.75 FREIGHT#2 00001930 409304 342147771 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 2,398.90 WINE#1 00001930 409332 342147772 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 26.45 FREIGHT#1 00001930 409333 342147772 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 4,109.57 LIQ#1 00001930 409287 342147773 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 37.95 FREIGHT#1 00001930 409288 342147773 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,032.03 WINE#1 00001930 409334 342147774 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 15.05 FREIGHT#1 00001930 409335 342147774 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 153.00 TAX#1 00001930 409336 342147775 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1.15 FREIGHT#1 00001930 409337 342147775 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 115.17 LIQ#1 00001930 409291 342215170 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES _76 FREIGHT#1 00001930 409292 342215170 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,864.88 LIQ#3 00001930 409324 342241413 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 423.80- CMLIQ#3 00001930 409325 342241413 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 11.50 FREIGHT#3 00001930 409326 342241413 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2.30- CMFREIGHT#3 00001930 409327 342241413 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/202110:52:02 Council Check Register by GL Page- 10 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311240 12/29/2021 100152 BREAKTHRU BEVERAGE MIN WINE Continued... 2,093.28 WINE#3 00001930 409354 342241414 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 20.89 FREIGHT#3 00001930 409355 342241414 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2,294.60 WINE#3 00001930 409356 342241415 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 208.60- CMWINE#3 00001930 409357 342241415 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 25,30 FREIGHT#3 00001930 409358 342241415 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2.30- CMFREIGHT#3 00001930 409359 342241415 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,198.89 LIQ#2 00001930 409305 342241525 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 211,90- CMLIQ#2 00001930 409306 342241525 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 5.85 FREIGHT#2 00001930 409307 342241525 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1.15- CMFREIGHT#2 00001930 409308 342241525 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 344.00 WINE#2 00001930 409342 342241526 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 4.60 FREIGHT#2 00001930 409343 342241526 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 5,830.21 LIQ#1 00001930 409293 342241528 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 883.60- CMLIQ#1 00001930 409294 342241528 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 53.00 FREIGHT#1 00001930 409295 342241528 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 4.60- CMFREIGHT#1 00001930 409296 342241528 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 664.64 WINE#1 00001930 409338 342241529 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 6.15 FREIGHT#1 00001930 409339 342241529 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 980.01 WINE#3 00001930 409360 342322817 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 13.90 FREIGHT#3 00001930 409361 342322817 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 56.00 WINE#3 00001930 409362 342322818 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 132.00 WINE#2 00001930 409344 342323028 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 88.00- CMWINE#2 00001930 409345 342323028 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2.40 FREIGHT#2 00001930 409346 342323028 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1.15- CMFREIGHT#2 00001930 409347 342323028 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 312.90 WINE#2 00001930 409348 342323029 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 3.45 FREIGHT#2 00001930 409349 342323029 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3,014.83 LIQ#1 00001930 409297 342323032 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 18.79 FREIGHT#1 00001930 409298 342323032 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 237.80 TAX#1 00001930 409299 342323033 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 9.20 FREIGHT#1 00001930 409300 342323033 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 693.92 WINE#1 00001930 409340 342323034 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 10_35 FREIGHT#1 00001930 409341 342323034 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3,637.26 LIQ#3 00001930 409328 34322815 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 26.74 FREIGHT#3 00001930 409329 34322815 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 26:09 TAX#3 00001930 409330 34322816 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1.15 FREIGHT#3 00001930 409331 34322816 5085.6550 FREIGHT ON RFSAI F MDSF I in'If1R#3 STOCK PLIRCHASES 1,548.03 LIQ#2 00001930 409309 34323030 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 13.90 FREIGHT#2 00001930 409310 34323030 5055,6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES R55CKR2 L.._.0101 CITY OFAPPL. ,_EY 12/28/2L .2:02 Council Check Register by GL Page- 11 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311240 12/29/2021 100152 BREAKTHRU BEVERAGE MIN WINE Continued... 68.26 LIQ#2 00001930 409311 34323031 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 68.26- CMLIQ#2 00001930 409312 34323031 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 2.30 FREIGHT#2 00001930 409313 34323031 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 2.30- CMFREIGHT#2 00001930 409314 34323031 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 18.27- CMLIQ#1 00001930 409289 360611076 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 12.86- FREIGHT#1 00001930 409290 360611078 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 37,360.13 311241 12/29/2021 122371 CANNON RIVER WINERY 1,248.30 WINE#3 00046665 409366 12620 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 467.40 WINE#1 00046665 409363 12637 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 159.60 WINE#2 00046665 409365 12718 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 159.60 WINE#1 00046665 409364 12729 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2,034.90 311242 12/2912021 116142 CARGILL INCORPORATED 347.20 PARTS-BRINE MACHINE 409223 2906731672 1665.6215 EQUIPMENT-PARTS STREET SNOW&ICE MATERIALS 347.20 311243 12/29/2021 100878 CHARTER COMMUNICATIONS 15.82 AVSA CABLE-DEC 409195 835230604010513 5205.6237 TELEPHONE/PAGERS ARENA 1 MANAGEMENT ODEC21 15.82 311244 12/2912021 151149 CHEM-AQUA,INC. 231.79 WATER TREATMENT PROGRAM 409222 7622188 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 231.79 311245 12/29/2021 100282 CINTAS CORPORATION 1.55- LIQ3 USE TAX 409187 4104585136 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 1.55 LIQ3 USE TAX 409187 4104585136 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 22.50 MATS&MOPS 409187 4104585136 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 30.32 CARPET RUNNERS 409514 4105146946 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MNTC 35.28 CH MAT SVC 409229 4105147012 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MNTC .83- LIQ2 USE TAX 409215 4105147101 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET .83 LIQ2 USE TAX 409215 4105147101 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#2 OPERATIONS 12.00 RUGS 409215 4105147101 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#2 OPERATIONS 100.10 311246 12/2912021 130960 COLD SPRING GRANITE COMPANY R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/202110:52:02 Council Check Register by GL Page- 12 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311246 12/29/2021 130960 COLD SPRING GRANITE COMPANY Continued... 277,20 NICHE PLAQUE- CALLAHAN 409210 RI1807541 5605.6325 COLUMBARIUM CEMETERY 277.20 311247 12/29/2021 142662 CONVENTION&VISITORS BUREAU 5,666.15 LODGING TAX-NOVEMBER 2021 409485 20211221 7005.6319 REIMBURSEMENT OF REV COLL FOR LODGING TAX 5,666.15 311248 12/29/2021 156956 DELTA AV LLC 8,000.00 NRMP 7668 150TH ST W 409483 20211217 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SHT 8,000.00 311249 12/2912021 156942 EASTVIEW HIGH SCHOOL 500.00 RETURN SECURITY DEPOSIT 409239 34206793 1001.5116 RENTS-HAYES SENIOR CENTER GENERAL FUND REVENUE 500.00 311250 12/2912021 100420 FISCHER MINING,LLC 3.86- UTIL DISCOUNT 409199 166053 5330.6333 GENERAL-CASH DISCOUNTS WTR MAIN/HYDRANT/CURB STOP MNT 366.22 FILLING SAND&RC BINS 409199 166053 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 362.36 311251 12/29/2021 100201 GILLUND ENTERPRISES 252.96 CHAIN LUBE 409225 884441 1630.6229 GENERAL SUPPLIES STREET EQUIPMENT MAINTENANCE 252.96 311252 12/29/2021 100827 GRAPE BEGINNINGS INC 603.00 WINE#3 00032379 409369 105305 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 90.00- CMWINE#3 00032379 409370 105305 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 9.00 FREIGHT#3 00032379 409371 105305 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2.25- CMFREIGHT#3 00032379 409372 105305 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 405.00 LIQ#3 00032379 409373 105565 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 4.50 FREIGHT#3 00032379 409374 105565 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 582.00 LIQ#1 00032379 409367 105880 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 4.50 FREIGHT#1 00032379 409368 105880 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 447.00 WINE#3 00032379 409375 105980 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 9.00 FREIGHT#3 00032379 409376 105980 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,971,75 311253 12/29/2021 100222 HACH COMPANY 825.19 CHEMICALS FOR H2O SAMPLES 409465 12786912 5325.6214 CHEMICALS WATER TREATMENT FCLTY MNTC/RPR 400.90 CHEMICALS FOR H2O SAMPLES 409467 12791610 -325.6214 CHEMICALS WATER TREATMENT TY MNTC/RPR R55CKR2 L,-_,6101 CITY OF APPL, .BEY 12/28/2L J2:02 Council Check Register by GL Page- 13 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311253 12/29/2021 100222 HACH COMPANY Continued... 1.226.09 311254 12/29/2021 154809 HARDLINE EQUIPMENT LLC 594.30 BLOWER SHOES UNIT 251 409496 42204348 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 594.30 311255 12/2912021 153376 HEARTH&HOME TECHNOLOGIES 1.00 PRTL RFND FOR 14180 FOXTAIL LA 409214 20211217 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 28.12 PRTL RFND FOR 14180 FOXTAIL LA 409214 20211217 1001.4924 ELECTRICAL PERMIT GENERAL FUND REVENUE 29.12 311256 12/2912021 156958 HERUTH,MARK 16.77 UB REFUND 13099 FERRIS CT 409231 20211221C 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 16.77 311257 12129/2021 156726 INSITUFORM TECHNOLOGIES USA 5,257.19 146TH ST CT SAN SWR IMP FINL#2 409484 20211128 4502.6810 2021146G CONSTRUCTION IN PROGRESS IMPROVEMENTS-ASSESSED 90,078.81 146TH ST CT SAN SWR IMP FINL#2 409484 20211128 5365.6810 2021114S CONSTRUCTION IN PROGRESS SEWER MGMT/REPORTS/DATA ENTRY 95,336.00 311258 12129/2021 101796 INTERSTATE BATTERY SYSTEM OF M 134.66 BATTERIES#114 409470 180031344 1510.6216 VEHICLES-TIRES/BATTERIES PW ENGINEERING&TECHNICAL 273.97 BATTERIES#248 409470 180031344 1765.6216 VEHICLES-TIRES/BATTERIES PARK EQUIPMENT MAINTENANCE 408.63 311259 12/29/2021 155023 KFI ENGINEERS 598.00 HVAC UPGRADE EDUC.BLDG 409497 53501 2092.6266 REPAIRS-BUILDING EDUCATION BUILDING FUND 598.00 311260 1212912021 100646 LAWSON PRODUCTS INC 9.39 ALLEN WRENCH FOR PLOWS 409499 9309097137 1630.6211 SMALL TOOLS&EQUIPMENT STREET EQUIPMENT MAINTENANCE 9.39 311261 12/29/2021 155116 LIVE WIRE ELECTRICAL SERVICES LLC 1.00 PRTL RFND FOR 15725 FOLIAGE 409219 20211217 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 28.12 PRTL RFND FOR 15725 FOLIAGE 409219 20211217 1001.4924 ELECTRICAL PERMIT GENERAL FUND REVENUE 29.12 311262 12/29/2021 145429 LUBE-TECH&PARTNERS,LLC 191.31 BULK DEF 409170 2676725 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/202110:52:02 Council Check Register by GL Page- 14 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311262 12/29/2021 145429 LUBE-TECH&PARTNERS,LLC Continued... 191.31 BULK DEF 409170 2676725 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE 191.31 BULK DEF 409170 2676725 1350.6212 MOTOR FUELS/OILS FIRE VEHICLE MAINTENANCE 95.66 BULK DEF 409170 2676725 5345.6212 MOTOR FUELS/OILS WATER EQUIPNEHICLE/MISC MNTC 95.67 BULK DEF 409170 2676725 5390.6212 MOTOR FUELS/OILS SWR EQUIPNEHICLE MISC MNTC/RP 765.26 311263 12/29/2021 138342 MANSFIELD OIL COMPANY 12,316.74 ON SPOT DIESEL BLEND(5256 GA) 409180 22836976 1000.1525 INVENTORY-DIESEL FUEL GENERAL FUND BALANCE SHEET 5,886.32 ON SPOT DIESEL BLEND(2253.5GA 409181 22836977 1000.1525 INVENTORY-DIESEL FUEL GENERAL FUND BALANCE SHEET 18,203.06 311264 12/2912021 155727 MATTHEWS,JENIFER 384.00 YOGA INST.NOV.DEC 2021 409517 20211222 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 384.00 311265 12/29/2021 100309 MENARDS 63.36- CH POND DOCK-RETURN 409521 28007 5508.6229 GENERAL SUPPLIES PONDS 61.95 SUPPLIES-BRINE ROOM 409486 28244 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 7.40 ANTI-SEIZE LUB,BOLTS 409498 28271 1665.6229 GENERAL SUPPLIES STREET SNOW&ICE MATERIALS 22.86 SUMMERFIELD PARK SIGN 409207 28272 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 28.85 311266 12/29/2021 155164 MN OCCUPATIONAL HEALTH 396.00 PRE-EMPLOYMENT TESTS 409182 379838 1600.6235 CONSULTANT SERVICES STREET MANAGEMENT 396.00 PRE-EMPLOYMENT TESTS 409182 379838 5365.6235 CONSULTANT SERVICES SEWER MGMT/REPORTS/DATA ENTRY 792.00 311267 12/29/2021 156943 MOULD,VIRGINIA - 72.00 TRIP CANCELLED 409221 34425520 1001.4360 REC-SENIOR PROGRAM REVENUE GENERAL FUND REVENUE 72.00 311268 12/29/2021 100995 NAPA AUTO PARTS 576.02 AUTO SCAN TOOL LICENSE 409472 5763846649 1530.6211 SMALL TOOLS&EQUIPMENT FLEET&BUILDINGS-CMF 1,499.00 TRUCK SCAN TOOL LICENSE 409471 5763847162 1530.6211 SMALL TOOLS&EQUIPMENT FLEET&BUILDINGS-CMF 2,075.02 311269 12/29/2021 109947 NEW FRANCE WINE CO 256.00 WINE#3 00041046 409385 182273 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 6.00 FREIGHT#3 00041046 409386 182273 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 262.00 R55CKR2 LL._.,S101 CITY OF APPL, _LEY 12/28/2L. J2:02 Council Check Register by GL Page- 15 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311269 12/29/2021 109947 NEW FRANCE WINE CO Continued... 311270 12/29/2021 155145 OPENDOOR LABS INC 75.00 UB REFUND 4677 142ND ST W 409233 20211221 B 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 75.00 311271 12/29/2021 156002 ORIGIN WINE&SPIRITS 88.00 WINE#1 00052759 409387 14336 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 176.00 WINE#2 00052759 409390 14337 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 486.00 LIQ#3 00052759 409391 14338 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 712.00 WINE#3 00052759 409392 14339 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 96.00 WINE#1 00052759 409388 14453 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 106.00 LIQ#1 00052759 409389 14574 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,666.00 311272 12129/2021 100372 PAUSTIS&SONS 2,279.00 WINE#1 00001291 409393 148893 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 26,25 FREIGHT#1 00001291 409394 148893 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 222.00 WINE#2 00001291 409401 148895 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 3.75 FREIGHT#2 00001291 409402 148895 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 2,340.75 WINE#3 00001291 409403 148897 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 28.75 FREIGHT#3 00001291 409404 148897 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 665.00 WINE#3 00001291 409407 149019 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 8.75 FREIGHT#3 00001291 409408 149019 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 208,00 WINE#1 00001291 409395 149318 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2.50 FREIGHT#1 00001291 409396 149318 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 622.00 WINE#1 00001291 409397 149468 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 7.50 FREIGHT#1 00001291 409398 149468 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 500.00- CMWINE#3 00001291 409405 149487 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 6.25- CMFREIGHT#3 00001291 409406 149487 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,357.00 WINE#1 00001291 409399 150557 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 18.75 FREIGHT#1 00001291 409400 150557 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,074.00 WINE#3 00001291 409409 150582 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 12.50 FREIGHT#3 00001291 409410 150582 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 8,370.25 311273 12/29/2021 156955 POLTA,CATHY 72.00 TRIP CANCELLED 409220 34425683 1001.4360 REC-SENIOR PROGRAM REVENUE GENERAL FUND REVENUE 72.00 311274 12129/2021 143336 PREMIER LOCATING INC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/202110:52:02 Council Check Register by GL Page- 16 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit ~ 311274 12129/2021 143336 PREMIER LOCATING INC Continued... 474.60 GSOC ELECT.LOCATES 11/1-11/15 409482 41559 5805.6249 OTHER CONTRACTUAL SERVICES STREET LIGHT UTILITY FUND 474.60 311275 12/29/2021 100392 PUBLIC EMPLOYEES RETIREMENT AS 1,552.86 DINGMAN PERA TRANSMITTAL PURCH 409523 20211221 7205.6235 CONSULTANT SERVICES INSURANCE CLAIMS 1,552.86 311276 12/2912021 151654 RANDY'S SANITATION 247.00 REFUND REFUSE LICENSE 409185 20211215 1001.4031 LICENSE-TRASH COLLECTION GENERAL FUND REVENUE 247.00 311277 12/29/2021 137995 REINERTSON,MARK&JUDITH 42.60 RFND 1 TRIP 12911 HAMLET AVE 409218 20211217 1001.4924 ELECTRICAL PERMIT GENERAL FUND REVENUE 42.60 311278 12/2912021 155420 RIES FARMS LLC 110.16 STUMP GRIND MATERIAL 409492 24620 1520.6240 CLEANING SERVICE/GARBAGE REMOVNATURAL RESOURCES 110.16 311279 12/29/2021 141325 ROOTSTOCK WINE CO 331.92 WINE#3 00050755 409411 55460 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 12.00 FREIGHT#3 00050755 409412 55460 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 343.92 311280 12/29/2021 150643 RUE 38 336.00 WINE#1 00052178 409414 12189 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 4.50 FREIGHT#1 00052178 409415 12189 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 340.50 311281 12/29/2021 132465 SAM'S CLUB DIRECT 114.21 LIFE SNACKS INVENTORY 409477 202111301019 7203.6398 LIFE SNACKS CITY WELLNESS PROGRAM 114 21 311282 12129/2021 129110 SCIENCE EXPLORERS INC 51.00 DECEMBER 3 CLASSES 409474 4818 1845.6249 OTHER CONTRACTUAL SERVICES REC SELF SUPPORT PROG GENERAL 51.00 311283 12/29/2021 100470 SECURITAS ELECTRONIC SECURITY INC 125.40 HCSC ALARM-JULY-SEPT 409217 7000760392 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 125.40 HCSC ALARM-OCT-DEC 409228 7000813282 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER R55CKR2 L _.,,101 CITY OFAPPL. _EY 12/28/2C 2:02 Council Check Register by GL Page- 17 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311283 12/29/2021 100478 SECURITAS ELECTRONIC SECURITY INC Continued... 250,80 311284 12/29/2021 118355 SHI INTERNATIONAL CORP 5,220.00 HP ELITEDESK 805 COMPURTER(6) 409164 B14454508 1030.6725 CAPITAL OUTLAY-OFFICE EQUIP INFORMATION TECHNOLOGY 5,220.00 311285 12/29/2021 156959 SINGLE FAMILY PAYMENTS 167.11 UB REFUND 14469 GUTHRIE AVE 409232 20211221D 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 167.11 311286 12/2912021 111161 STERICYCLE INC. 85.75 SHREDDING SERVICE 409186 8000448191 1250.6240 CLEANING SERVICE/GARBAGE REMOVPOLICE FACILITY 85.75 311287 12/29/2021 147984 SWAGIT PRODUCTIONS,LLC 695.00 MEETING WEBSTREAMING SERV.NOV 409188 19235 4817.6235 CONSULTANT SERVICES CABLE TV-SPECIAL REV FUND 695.00 311288 12/29/2021 100470 TIME SQUARE SHOPPING CENTER II 1,620.57 LIQ1 CAM ESCROW-JAN 409522 20211227 5000.1560 PREPAID EXPENSES LIQUOR BALANCE SHEET 1,749.52 LIQ1 TAX ESCROW-JAN 409522 20211227 5000.1560 PREPAID EXPENSES LIQUOR BALANCE SHEET 11,500.00 LIQ1 LEASE-JAN 409522 20211227 5000.1560 PREPAID EXPENSES LIQUOR BALANCE SHEET 14,870.09 311289 12/2912021 100780 TK ELEVATOR CORPORATION 1,991.16 ELEVATOR SVC PD-DEC-FEB 409175 3006298268 1060.6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MNTC 1,991.16 311290 12/29/2021 100631 VERIZON WIRELESS 54.69 IA1 WIRELESS DATA IPADS 409464 9894351945 5250.6237 TELEPHONE/PAGERS ARENA 1 CONCESSIONS 40.01 UTIL WIRELESS DATA IPADS 409464 9894351945 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTRY 94.70 311291 12/29/2021 156957 WIEBKE LUOMA,CHERIE 47.98 UB REFUND 281 PINEWOOD DR 409230 20211221A 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 47.98 311292 12/29/2021 100521 WINE MERCHANTS 1,104.00 WINE#3 00022992 409453 7359355 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 124.00 WINE#1 00022992 409448 7359356 5015.6520 WINE LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/202110:52:02 Council Check Register by GL Page- 18 Council Check Register by Invoice&Summary 12/13/2021-- 12/31/2021 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 311292 12/29/2021 100521 WINE MERCHANTS Continued... 560.00 WINE#3 00022992 409452 7359357 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 396.00 WINE#1 00022992 409449 7360548 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 192.00 WINE#2 00022992 409451 7360550 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1,656,00 WINE#3 00022992 409454 7360551 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 2,796.00 WINE#3 00022992 409455 7360666 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 1,136.00 WINE#1 00022992 409450 7361960 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 344.00 WINE#3 00022992 409456 7361961 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 272.00- CMWINE#1 00022992 409447 741502 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 8,036.00 20211227 12/1312021 100873 HEALTHPARTNERS(DENTAL CLAIMS 2,981,22 DENTAL CLAIMS 12/2-12/8/21 409459 20211208 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 2,981.22 20211228 12/20/2021 100873 HEALTHPARTNERS(DENTAL CLAIMS 3,708,21 DENTAL CLAIMS 12/9-12/15/21 409458 20211215 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 3,708.21 20211229 12/29/2021 148841 FURTHER 206.319.19 HSA EMPLOYER FUNDING 409460 20211229 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING BAL SHEET 206,319.19 20211230 12/29/2021 148841 FURTHER 37,380.00 HRA EMPLOYER FUNDING 409461 20211229 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING BAL SHEET 37,380.00 20211231 12/29/2021 148841 FURTHER 192.25 FLEX SPENDING DAYCARE 2021 409462 40070753 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 192.25 718,312.43 Grand Total Payment Instrument Totals Checks 223,535.95 EFT Payments 250,580.87 A/PACH Payment 244,195.61 Total Payments 718,312.43 R55CKS2 Ll 6100 CITY OFAPPLL _EY 12/28/2L 2:07 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 12/13/2021- 12/31/2021 Company Amount 01000 GENERAL FUND 82,415.06 02090 PARTNERS IN EDUCATION 697.18 04000 MUNICIPAL BUILDING FUND 68,960.00 04500 CONSTRUCTION PROJECTS 5,257.19 04815 CABLE TV-SPECIAL REV FUND 695.00 04900 PHYSICAL IMPROVEMENTS ESCROW F 8,000.00 05000 LIQUOR FUND 95,152.71 05100 GOLF FUND 2,146.99 05200 ARENA FUND 2,172.64 05300 WATER&SEWER FUND 135,500.82 05500 STORM DRAINAGE UTILITY FUND 780,86 05600 CEMETERY FUND LEVEL PROGRAM 277.20 05800 STREET LIGHT UTIL FUND 500.09 07000 LODGING TAX FUND 5,666.15 07100 INSURANCE TRUST DENTAL FUND 6,689.43 07200 RISK MANAGEMENT/INSURANCE FUND 1,667.07 07400 VERF-POLICE 57,842.60 09000 PAYROLL CLEARING FUND 243,891.44 Report Totals 718,312.43 • ••• ITEM: 5.A. ..... .... Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Regular Agenda Description: Provide Direction on Chapter 91 of the City Code, Regulating Animals Staff Contact: Department/ Division: Bruce Nordquist, Community Development Director Community Development Department ACTION REQUESTED: 1. Determine whether Chapter 91 of the City Code should be amended to allow the harboring of chickens on properties other than Agricultural zoned properties. 2. If Council's decision to #1 above is in the affirmative, then direct staff and city attorney to prepare a draft ordinance amendment to Chapter 91 of the City Code incorporating the recommendations of the Planning Commission and the Urban Affairs Advisory Committee relative to the regulations for harboring of chickens. SUMMARY: The Urban Affairs Advisory Committee was directed by the City Council to evaluate amending Animal Regulation (Chapter 91 of City Code); considering whether the keeping of chickens should be allowed. Since 2014, Animal Regulation does not permit the keeping of chickens as they are "farm poultry". The Committee met 8 times, starting in February 2021. A draft model ordinance for Apple Valley was considered. Best practice information was shared as slides, printouts and links from the U of M Extension Service, practices from other cities and other city ordinances. Resident feedback was received in support by petition and in support and opposition by public hearing and via email messaging. BACKGROUND: A public hearing was conducted on August 24, 2021, by Urban Affairs related to keeping chickens and the form of draft ordinance to regulate that use. Ten Apple Valley residents testified. Residents generally fall into three categories; support, opposition, and a middle ground position of"possible if not affecting me". On August 4th, the Planning Commission received an introduction and background about animal regulation amendments; background sufficient to understand the months of work by Urban Affairs. The Planning Commission feedback on August 4th requested staff to further investigate land use aspects related to zoning, lot size, setbacks, and homeowner associations not in favor of chickens. Legal counsel confirmed that individual associations could act to not allow chickens at association locations even if the keeping of chickens is allowed by the City. A public hearing was conducted by the Planning Commission on October 20, 2021, to further discuss and present findings related to the land use aspects. Five residents testified. As reported by staff, large lot and small lot distribution in neighborhoods is challenging given direct lot adjacency. Regulating with a lot size requirement means permit holders will live next to non-permit holders often times in compact neighborhoods. Lot size mattered to the Planning Commission and smaller lots in particular. Lots sized between 10,000 and 15,000 sq. ft., an estimated 5,613 lots, were of greatest concern by the Planning Commission. On October 26th, the Urban Affairs Advisory Committee acted on a motion in support of keeping chickens on all 11,000 single family residential lots by a vote of 5 in favor and 2 opposed. On a 6 in favor to 1 opposed vote, Urban Affairs acted on a motion that if the keeping of chickens is supported by the City Council, that their draft ordinance be the guide to the regulatory aspects of keeping chickens. On November 3rd, the Planning Commission acted on a motion to not allow the keeping of chickens by a 7 in favor, 0 opposed vote. Further, unanimous 7/0 motions were made to require 30' side and rear setbacks for coops/runs and minimum lot sizes of 40,000 sq. ft. should the City Council choose to support the keeping of chickens and considering and accepting a draft ordinance. The discussion by the Commissioners recognized that: • Agricultural properties have systematically been developed for purposes other than agriculture in Apple Valley over many years and by 2040 there will be no agricultural zoned properties in the City. • Present R-1 zoned single family lots allow the keeping of horses above 40,000 sq. ft. so the minimum lot size threshold for possibly keeping farm animals and poultry has been established as a guide to lot size for several years. • Regardless of lot size and adjacency of small and large lots, there is a general land use trend underway toward back yards being transformed into outdoor "rooms". Not just large investments in pools and sport courts where possible, it now includes larger decks and patios, remote patios with fire rings, and gardens and landscaping that set aside quiet leisure locations. The City received 25 emails/letters from residents that have been previously shared. The messages express support and opposition positions rather than a middle ground. To provide further understanding of other City's ordinances, City staff reviewed and researched a list of cities originally submitted by residents in support of chickens and presented to Urban Affairs in February 2021 and the Planning Commission in August 2021. The following provides context on ordinances from the 64 communities used as examples in support of keeping chickens by petitioners. • 9 cities, including Apple Valley, currently do not allow chickens outside of agriculturally zoned properties. • 55 cities allow chickens with supportive or restrictive provisions and/or conditions, on single-family properties. • Of the 55 cities that allow chickens on single-family properties several restrict the ability to keep chickens by lot sizes or other provisions that may exclude some single- family properties. • The following 4 cities have minimum lot size requirements: Andover: 2.5 acres, Maple Grove: 1 acre, St. Michael: 4 acres, Vadnais Heights: .5 acre. Other lot size regulation in cities allows the keeping of chickens in more compact locations. • The following cities require 50' setbacks from neighboring dwellings: Bloomington, Burnsville, Eden Prairie, Newport, Prior Lake, Rosemount, St. Paul Park, Savage, Shakopee, Vadnais Heights, and White Bear Lake. • The following cities require neighborhood notification and neighbor approval: Arden Hills, Maplewood, Oakdale, South St. Paul, Vadnais Heights. • The City of Farmington requires a public hearing for each location. • South St. Paul limits the number of licenses to 20 properties. • St. Anthony requires City Council approval at each location. • Several cities required the coop and run to be screened with solid fencing and potentially landscaping. • 6 cities have evaluated the keeping of chickens in 2021: Apple Valley, Brooklyn Park, Champlin, Chaska, Maple Grove, St. Michael, and Woodbury. To date, only one of these cities proceeded to allow chickens, Maple Grove, which also requires a one acre minimum lot size. At the City Council Informal meeting of December 9, 2021, staff provided a comprehensive update reporting on the 2021 review, discussion and actions of the Planning Commission and Urban Affairs Advisory Committee on this topic. Copies of resident emails were shared, as well as a draft ordinance developed by Urban Affairs with staff and legal counsel assistance that has not been updated yet to incorporate Planning Commission input. At the informal meeting, the City Council sought additional feedback on the time commitment to manage permit applications, renewal, and anticipated enforcement procedures required. If a draft ordinance proceeds to be considered, the permit would be administered/managed by the Community Development Director through planning and code enforcement personnel. The permit as proposed in the draft ordinance, would run for two years with an initial fee, would require a detailed sketch plan of the location on a residential lot, the declaration of the number of chickens to be kept, the construction and materials to be used similar to other allowed accessory structures, and rodent control and waste disposal plans. This would be added to staffs' regular application processing work flow responsibilities with a time commitment similar to processing a temporary business permit with a food truck, or temporary business sign permit related to a special event. A planner would confirm the applicant's property interest, the submitted plan location on an eligible lot, confirming size of coop/run and distance from lot lines. Code Enforcement would confirm locations as-built in the field; setbacks, number of hens and would also respond to complaints. On evenings and weekends, Police Department Community Service Officers would respond to complaints like other animal complaints received from residents; forwarding initial reports to Code Enforcement for follow-up. As with other complaints, Code Enforcement would follow up to address violations and request compliance; issue letters to permit holders requesting compliance and follow-up property visits to confirm compliance. The permit, once awarded, would be the enforcement mechanism as any single violation of code requirements becomes a basis to also consider revocation of the permit. With revocation, the draft ordinance is clear that a violation becomes a condition for further consideration of the permit or permit renewal. Revocation and non-renewal would require the removal of the chickens, coop and run; for which additional follow-up by code enforcement would be required. Cooperation from the permit holder is preferred, but not guaranteed. For some permit holders, chickens would be viewed as pets and revocation or non-renewal ends that relationship. Prompt compliance to permit conditions is sought over revocation or non-renewal, and subsequent court related enforcement remedies, if needed, would likely delay compliance by months. Whenever this item is on an agenda, it should be anticipated that both those in favor and those opposed to modifying the Animal Ordinance may attend in-person or remotely. BUDGET IMPACT: Urban Affairs and staff discussed an initial fee of$100 for the first two year permit and staff review. The fee would have to be established in City Code. Subsequent two year renewals, and no code violations, would allow a permit to continue and not incur an additional fee based on practices and experiences reported in other cities. ATTACHMENTS: Ordinance Background Material Presentation CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY,MINNESOTA,REVISING CHAPTER 91 OF THE CITY CODE REGULATING ANIMALS BY ESTABLISHING PERMITTING REQUIREMENTS AND REGULATIONS FOR THE KEEPING OF CHICKENS WITHIN THE CITY The City Council of Apple Valley ordains: Section 1. Chapter 91 of the Apple Valley City Co ended by adding to Section 91.01 the following definitions to be alphabetized with ing definitions and to read as follows: § 91.01 DEFINITIONS. CHICK. A chicken between the age of 0 to 4 weeks. I CHICKEN. Fowl of the genus Gallus and species Gallus domesticus that is commonly referred to as domesticated fowl. CHICKEN C . An structure used for the housing of chickens. CHICKENRU . utdoor area for th eping and exercising of chickens. iR OSTER. A male chicken. ion 2. Chapter the Apple Valley City Code is amended by revising Section 91.06(D)(1)to read as folio NV § 91.06 ANIM ITHIN CITY LIMITS. * * * * (D) Keeping of cer animals prohibited. (1) Prohibited animals. No person shall keep, maintain or harbor within the city any of the following animals: (a) Any animal or species prohibited by Minnesota or federal law. (b) Farm poultry or farm animal, except in the following cases: 1 1. Farm poultry or farm animals may be kept on property zoned for agricultural uses. 2. Horses may be kept on property zoned R-1 Single Family Residential (minimum lot size of 40,000 sq. ft.). 3. Chickens when kept in compliance with this chapter. Section 3. Chapter 91 of the Apple Valley City Code is amended by adding Section 91.07 to read as follows: 4 91.07 KEEPING OF CHICKENS. Ab (A) Chicken permit required. It is unlawful f9r any person to keep, harbor, maintain, possess, or otherwise control any chicken within tliity, except (1) On property zoned for agricultural uses (A); (2) A chick kept for educational pu oses o perty zon r institutional uses (P); or dr (3) Pursuant to a permit issued by the city er this subdivision on a property zoned R-1, R-2, or R-3, or on a property designated for one ' y detached dwelling within a planned development. (B) Permit applicationZind fees. An application rmit hereunder shall be filed with the Community Development Director or his/her designeupon an application form furnished by the city. The permit fee, which shall be paid and filed with the permit application, shall be in an amount established by City Council resolution. A permit issued hereunder shall be for the duration of two years from the date of issuance. The initial permit application shall include, but not be limited to, the fol wing: ) The full name and ss of the following persons: (a) The applicant signed thereto; and ) The owner(s) of the premises on which chickens are sought to be kept and for which the permit would apply. (2) The street address of the premises on which chickens are sought to be kept. (3) The number of chickens sought to be kept on the premises up to a maximum of five. (4) A detailed sketch plan of the premises on which chickens are sought to be kept. The sketch plan shall include: the location of the residence on the premises; the location of accessory structures on the premises; and the location, dimensions, and design of the chicken coop and chicken run and setbacks to the side and rear property lines. The information regarding 2 the coop and run shall establish compliance with the chicken coop and chicken run specifications provided in this subdivision. (5) A statement certifying whether the property's homeowners' association rules, if any, prohibit the keeping of chickens on the property for which the application is sought. (6) If the applicant is not the fee owner of the premises on which the chickens are sought to be kept and for which the permit would apply, the application shall be signed by all fee owners of the premises. (7) Any other and further information the citms necessary. (C) Permit renewal application. At least 30 days prior to the expiration of the current permit, the applicant shall file with the Community Development Director or his/her designee on a form prepared by the city an application for permit renewal. There shall not be a fee for a timely filed application for permit renewal. The renewal permit ap tion shall include, but not be limited to, the following: 4 (1) The number of chickens the applicant currently mainta the property; (2) Confirmation that the chicken coo s - hicken run remain in the same location on the premises. If the applicant seeks to move ,cation of the structure, the applicant shall file an initial permit application and pay the 9 ermit fee therefor; and (3) Any other and further information the city deek necessary. (D) Granting or denying issuance of permit. The County Development Director or his/her designee may grant an initial or renewal permit under this subdivision; however, a permit may not be issued or renewed unless the application filed demonstrates compliance with the requirements of this subdivision. A permit shall not be issued or renewed until the city inspects and approve the premises, including the chicken coop and chicken run, at which chickens are sought to be kept. At the c.- discretion, the inspection may occur through the review of documentation and photos sp, ed by the city. The Community Development Director or his/her designee • :11 deny a p: 't hereunder for any of the following reasons: (1) , •plica is incomplete or contains false, fraudulent or deceptive statements. (2) The app ant does not or has not complied with one or more of the provisions of this subdivision. (3) The premises for which the permit is sought, including,but not limited to, the proposed or existing chicken coop or chicken run, is not in compliance with any provisions of this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety. (4) The proposed chicken coop or chicken run would result in a violation of or be inconsistent with the accessory structure zoning regulations elsewhere in this Code. 3 (5) The applicant or owner of the premises which the permit is to be used has violated this section within the previous three (3) years of the date of the application for permit. (6) The applicant does not own or lease the chickens proposed to be kept on the premises. (7) The applicant is not the occupant of the premises for which the permit is sought to be issued. (E) Conditions of perinit. A permit granted under this subdivision shall be subject to the following conditions: (1) Occupancy. The owner of the chick- d st occupy the premises for which the permit is issued; (2) Inspection. The premises, inclulkg the chick: .op and chicken run thereon, for which a permit is issued shall at all reasonable times be e to inspection by the Community Development Director or his/her designee or any other city . ial to determine compliance with this subdivision, other City Code prgvisions and state la .ting to zoning, health, fire, building or safety; - I f 3) Transferability of permit. A permit sued hereunder shall be nontransferable. It is unlawful to keep, harbor, maintain, possess, or otherwise control any chicken on property that is no identified on the permit. (4) Speci icatio s for chickeeeed. All feed for the chickens shall be stored in metal, water-tight, vermin- oof containers with properly fitting lids. (5) Specifications of chicken coop and chicken run. A chicken coop and chicken run are required. The construction and location of the chicken coop and chicken run shall be in compliance with the applicable building and zoning regulations of the city and the following requirements: (a) The interior ilk space of the chicken coop shall be a minimum size of five square fee each chicken authorized under the permit. (b) The chicken coop and chicken run shall be professionally constructed or of similar construction standards and materials. The exterior finish materials of the chicken coop shall be: (i)weather-resistant,protective covering material, decay-resistant wood, or if exterior finish wood is not decay resistant, then the wood finish shall be protected from the elements and decay by paint or protective covering (e.g., siding, fascia wrap); and(ii) in accordance with the accessory structure regulations set forth in the zoning regulations in this Code. (c) The construction of and materials used for the chicken coop and chicken run must be adequate to prevent access by rodents. 4 (d) The chicken run shall be attached to the chicken coop. The chicken coop and run shall be deemed as a single accessory structure and subject to the accessory structure regulations set forth in the zoning regulations of this Code. (e) The floor area of the chicken run shall be a minimum size of ten square feet for each chicken authorized under the permit. (f) The total square footage of the chicken coop and chicken run shall not exceed 100 square feet. (g) The chicken run shall be fully encl by fencing or other similar material and may include a roof instead of fencing over the the run. (h) The chicken coop and chicken run shall be located on the premises in compliance with the following setbacks: (i) at least ten feet fro rear lot line; (ii) at least ten feet from the side lot lines; (iii) the chicken coop and chicken run be closer to the residence on the permitted property than an inhabitable building on a neighbors operty. (i) The chicken coop and chi iiken run, or any porti reof, shall not be located in the front yard, which is defined as any arelikcated between the fro t line and the front setback line or front building line, whichever is further from the front lot line, running from side lot line to side lot line. (j) The chicken coop and chicken run shall be kept in good repair as to be in compliance with the property maintenance regulation sewhere in this Code. (k) The chicken coop and chicken run shall be kept in a sanitary and odor-free condition, including the regular and frequent removal and proper disposal of any accumulated chicken feces or waste, dirt or filth that could create a safety or health hazard. Composting of chicken feces and waste is prohibited. (1) The chicken coop and chicken run shall be immediately removed when: (i) a mit granted under this subdivision expires or is revoked; or (ii) when the chicken coop and chicken run are no longer used for harboring chickens. Alkin) Supplying electricity to the chicken coop or chicken run by extension cord is not permitted. A separate electrical permit shall be required to install a supply of electricity to the chicken coop or chicken run. (6) Regulations. The keeping, harboring, maintaining, or possessing of any chicken under a permit issued pursuant to this subdivision shall be in accordance with the following: (a) No more than five chickens shall be kept or harbored on the premises to which the permit applies. (b) Roosters are prohibited. 5 (c) Slaughtering of chickens on any property zoned for residential or institutional use is prohibited. (d) No chickens shall be kept, maintained, housed or permitted inside any residential dwelling or any garage. (e) Chickens shall be kept in the chicken coop or chicken run at all times. When transferring a chicken into or out of the coop or run, the chicken shall be transported in a fully enclosed container such as a cage. (f) Chickens shall not be kept in such . .nner as to constitute a public nuisance. Any violation of the provisions of this subdivisio' be deemed a public nuisance. (g) No chicken eggs shall be s t r o ed for sale; all chicken eggs shall be for personal use or consumption. (7) Revocation of permit. A violation of any provisio this subdivision or any provisions of the permit issued hereunder shall constitute grounds for re ,tion of a permit. Section 4. Summary approved. The City Co ' ► determines t e text of the summary marked "Official Summary of Ordinance No. 'a copy of which is attached hereto clearly informs the public of the intent and effect of the or. ,ce. The City Council further determines that publication of the title and such summary wi ly inform the public of the intent and effect of the or.'' - ' e. Section 5. Fi ' A cop• the ordinance shall be filed in the office of the City Clerk. This copy shall be ava - for in tion by any persons during regular office hours. Section 6. Publicati. . The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section ffective dat his or ance shall take effect upon its passage and the publication of its nd the of 1 summary. 6 PASSED by the City Council this day of ,2021. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk "IIIII °dC CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY,MINNESOTA,REVISING CHAPTER 91 OF THE CITY CODE REGULATING ANIMALS BY ESTABLISHING PERMITTING REQUIREMENTS AND REGULATIONS FOR THE KEEPING OF CHICKENS WITHIN THE CITY. The following is the official summary of Ordinance No. passed by the City Council of Apple Valley on , 2021: Chapter 91 of the City Code is revised to add chicken relate• definitions and to permit the keeping of up to five chickens on property zoned"R- `• -2," or"R-3," or on property designated for one family detached dwelli ithin a planned development, subject to regulations and a two year permit. -r 91 of the City Code is amended to permit the keeping • a chick for educati• surposes on property zoned"P" for institutional uses. A printed copy of the ordinance is available-for inspectie any person during regular office hours in the office of the City Clerk at the Apple alley sal Center, 7100 147th Street W., Apple Valley, Minnesota 55124. 8 AppleValley to Council backyard in January by Patty Dexter I Dec 23, 2021 A yearlong discussion of whether Apple Valley should allow chickens in residential backyards could see City Council action as soon as January. Throughout 2021, city staff have been revisiting an ordinance that currently prohibits residents from keeping chickens in residential neighborhoods. The City Council voted in November 2020 to direct the Urban Affairs Advisory Committee to look at the topic again after supporters of backyard chickens and some Apple Valley residents asked the city to revisit the ordinance. The advisory committee and the Planning Commission have discussed the topic at multiple meetings and have held public hearings. The City Council heard an update on the topic during a Dec. 9 work session during which city officials asked when the council would want it to be brought back for policy action. Since council members Tom Melander and Ruth Grendahl were unable to attend the meeting, Mayor Clint Hooppaw and council members John Bergman and Tom Goodwin all agreed the matter should be added to the agenda for the next meeting in January. They said this would give Grendahl and Melander time to get their questions answered and have conversations with city staff. "The commissioners have spent their time; we've had the public hearings. Let's keep it moving," Hooppaw said. Apple Valley last took formal action on backyard chickens in 2014 when the council voted to affirm a ban on chickens and other farm animals at residential properties. Other Dakota County cities allowing chickens include Lakeville, Farmington, Rosemount, Eagan and Burnsville. All of those cities limit the number of chickens that can be kept, and some cities require residents to get a license or permit before keeping chickens. Supporters of chickens have said chickens should be allowed in residential areas and be reasonably regulated for care and sanitation practices like other pets. They have also cited locally sourced eggs, educational opportunities for children and positive neighborhood and community building as benefits of keeping chickens. Residents opposed to chickens have brought up concerns including smell, noise, how the ordinance would be enforced and that residential lot sizes are not large enough to support chickens. There are about 11,000 single-family lots in the city, which include large-lot subdivisions and smaller-lot subdivisions. Not only do the lot sizes greatly differ, but the location of those different sizes are "highly variable" around the community, according to city officials. The City Council has differing recommendations to consider from two groups that have weighed in on the draft ordinance changes. The proposed draft ordinances changes have included: • permitting chickens to be kept in all single-family zones and institutional zones for school educational purposes; • prohibiting roosters; • limiting the number of chickens that can be kept to five hens; • prohibiting butchering; • requiring permits to keep chickens without the permission of neighbors; • setbacks that would not allow a chicken coop in the front yard. The coop and run would have to be closer to the property dwelling than neighboring homes and be 10 feet from the rear and side yard lot lines; and • not allowing chickens to be free range within a yard and requiring them to be kept in the coop and run at all times. The Urban Affairs Advisory Committee voted 5-2 Oct. 26 to support allowing chickens on all 11,000 single family residential lots. The committee also voted 6-1 to recommend that if the keeping of chickens gets City Council support that the committee's draft ordinance proposal be the guide to regulating the chickens. The Apple Valley Planning Commission voted unanimously Nov. 3 to recommend that chickens only be allowed on properties zoned for agricultural use in the city, which is presently permitted in city code. There are fewer than 10 lots in Apple Valley zoned for agricultural. The commission also voted unanimously in two separate motions to recommend that 30-foot setbacks be required and that chickens only be allowed on residential lots that are 40,000 square feet or larger. Hooppaw said on Dec. 9 he would like to see more clarity around what the city will do in cases when a chicken owner refuses to comply with the ordinance after multiple attempts to work with them. "If they ultimately don't want to comply, we maybe can issue a citation. Maybe a year down the road, we end up getting a court order to go in and remediate a problem? How does that work?" he said. "How does that impact all the neighbors around there?" Council Member Tom Goodwin said he appreciated that the Planning Commission was involved with the process because of the lot size issue in Apple Valley. Patty Dexter can be reached at patty.dexter@apgecm.com. 1/13/2022 Review of Animal Ordinance Regulations City Council 1-13-22 0 Apple Action Requested Determine whether Chapter 91 of the City Code should be amended to allow the harboring of chickens on properties other than Agricultural zoned properties. If Council's decision to #1 above is in the affirmative, then direct staff and city attorney to prepare a draft ordinance amendment to Chapter 91 of the City Code incorporating the recommendations of the Planning Commission and the Urban Affairs Advisory Committee relative to the regulations , . AppleValley for harboring of chickens. 1 1/13/2022 Summary of Public Feedback - In Support 1. Residents want to keep chickens as pets. 2. Chickens should be allowed in residential areas and reasonably regulated, like other pet requirements. 3. Do not require neighbor approval as not required for other pets. 4. Chickens don't smell or make noise. 5. Chickens offer a nurturing environment for special needs children, "circle of life" discussion, and foster "bonding". 6. Locally sourced eggs are made possible. 7. Positive community and neighborhood building results. 8. Raising chickens is "not inexpensive"; guiding best behaviors and thoughtful keepers. APPlauey Chickens offer insect control and ingest kitchen scraps. Summary of Public Feedback - In Opposition 1. Agricultural property has been redeveloped. Minnesota Board of Animal Health declares chickens are livestock, not pets. Chicken feces and coops/runs smell and the odor is not confined. Single-family lots are not large enough to accommodate this change. Patios, decks and open windows are enjoyed without chickens. Outdoor living trends extend into backyards. Those that raised chickens, resist chickens now. Chickens attract predators. Egg sources exist in Apple Valley; full service, convenience and farmers markets. Larger and smaller lots are adjacent throughout the City; inseparable. The decision was made in 2014 to not allow chickens and other agricultural Apple. lleyV animals in residential areas. 2 1/13/2022 A Draft Ordinance Considers: Chickens on all single-family properties or lots with a minimum size of 40,000 sq. ft. Best practice of 100 sq. ft. coop/run size. No roosters or butchering. Five hens. 30' side and rear setbacks supported by PC, 10' by UAAC. A two year permit required. Accessory structure building material quality standards. Permit may be revoked, then applicant cannot apply for 3 years. Coop waste not to be composted on site; dispose in weekly trash pick-up Chicken roaming not permitted. "PPValley 64 ordinances as a resource for staff. Summary of City Ordinances 9 cities, including Apple Valley currently do not allow chickens outside of agriculturally zoned properties. Brooklyn Park, Champlin, Chaska, Little Canada, Montrose, Osseo, Saint Michael, Woodbury, (AV). 55 cities allow chickens, with regulations. 11 cities require a 50' setback from neighboring homes. Bloomington, Burnsville, Eden Prairie, Newport, Prior Lake, Rosemount, St. Paul Park, Savage, Shakopee, Vadnais Heights, White Bear Lake. Apple. Valley 3 1/13/2022 Summary of City Ordinances 6 cities evaluated the keeping of chickens in 2021 and either denied, or have not yet approved chickens on single-family lots. Apple Valley, Brooklyn Park, Champlin, Chaska, St. Michael, Woodbury. 6 cities require neighbor approval (ranging from 65% -100%). Arden Hills, Maplewood, Newport, Oakdale, South St. Paul, Vadnais Heights. 4 cities require minimum lot sizes (greater than .5 acre). Andover, Maple Grove, St. Michael, Vadnais Heights. 2 cities require public hearing or City Council approval. Farmington, Saint Anthony. Apple Valley INVENTORY OF SINGLE FAMILY LOT AREAS C . , a Qa e2 t 1 ❑ ° "Yellow" �� ,, ® , „Am:°'_ .; 5,613 lots are , • .. 10,000 — 15,000 ./,. a s-- ,� s ft. 191 - -seer■ - iw .. ee' i as, ;471..'III r: ;: ?~ ", ;� ',,5 2I `b: :r ..rr n,III .4 FF-^:aa� _:„: iz� w� '' Legend x- •� ' sa........... �A J 11 . ctr I 1 Parcels Over 40000(292)2 7% �. - 9 ;„ I41111:W;tz. ) -Parcels 3000010 20000(200)2 7^4JSPr.iiii�u1 a n -Parcels 20 000to 30000(1 160)106% 2$ gZs VHF q�.�Y.sg�;q.,,,.,:,��..�y I Parcels 15000 to 20,000(2,213207% Gz , , -• • p�„„ro�"�{simt 1 Pzrcels 10 000to 15000(5013)51 0% g g,, �� v.F ®i :7 Farce e.10 000(1 4e3)12 s% ,..tik i III :, :E-11 .7 -_N.. N.IQ I IT ��? Clustered lot A I diiirg ,,_ - ram;: :�%�a�—Ii 4• - ��� ����•- � ��� � � '�' ':'� sizes are mixed `� u ■r.aanTimn il •' oLEi _Pli _ . I:, throu:ttlesughout I: ®._mall 1 ;; -1 zones and A .l. �.g ,�� N N� PPVaIIey �, ,rtil,-1. .ea i small and large �... � , - I� ,. ! .,:J Pit � lots adjacent 4 1/13/2022 DRAFT ORDINANCE SINGLE FAMILY ZONING DISTRICTS - v! - a Q c: �' ki i`/�l �J S� a � b :'� ,� � VC•I � _ r f Legend Y " .V' f J 4 4 �yf�l II♦zone Po Res!Parcels(2506) ':y =) t "'• I _Jr—{`JY�Jj�I/ -�rin a-=II -zone R CL Parcels(e ) .-' _.` •' ' ' r ,1 ) /' ` 1 t.,:;,•" . III -zone Ra Parcels(7572) .ax 1 JII- zone R2 Parcels(255) r�f�( =zone Rl Parcels(1e7) or tiV Re r ZoneriAn Res ldent lal(9) I- fn ,1- Re •. TIC PIP pnim Urban Affairs j� _ •_ ill -'', Proposed ii;�iF p tge '. eligible ItA 111 n n�10 j .� _ ■ um locations if ��1.MY gmid APPValle ,� x Y_ I _ chickens Y J , i , 112 A. no allowed APPLE VALLEY SINGLE FAMILY LOT AG & R1 OVER 40,000 Sq. Ft. •,, Io., t l _ 6. •• 1se�" 4 � §ra E:i s ir.11allAra Vet* et \ �;� li - III -;� 9. -.-x,.,. WIZzt w ■ Mid fix, itktr atilikaa Ewa l �.. `ii ' �1'r 'L - xlw M @ " xx € r �IIJ� ��:�:i_. '- r,' ,ate,. i ,n�anu ��!rr ,oq :_1 1. r C.17]7.4aWVIIMPAI Legend _ - -- s:-'"-. __, 14' W' -R1 40 000 Sq_FL+(120) �t� ti �• ■I "' _ 1 -��9 I Zone Ng Residential 40000+(9) • _ l all .— ■v? ll :I:� --:F . _ ::I: - — �r Planning �'�' Commission a:I=mA_ ■wA '.. = proposed eligible - x�: II� �a " ,;: �_ _ ,;; locations if chickens APPValle 31 ' e �igtVligAii9111f �. permitted - � 3 a .x I ' lid'S 17 ., r 3 a 5 1/13/2022 Action Requested Determine whether Chapter 91 of the City Code should be amended to allow the harboring of chickens on properties other than Agricultural zoned properties. If Council's decision to #1 above is in the affirmative, then direct staff and city attorney to prepare a draft ordinance amendment to Chapter 91 of the City Code incorporating the recommendations of the Planning Commission and the Urban Affairs Advisory Committee relative to the regulations APPVaIIey for harboring of chickens. Apple. VaIIey 6 • ITEM: 5.B. ..... :�. Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Regular Agenda Description: Adopt Resolution Appointing Acting Mayor for 2022 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Adopt the resolution appointing the Acting Mayor for the year 2022. SUMMARY: The Acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City, or in the case of vacancy in the office of Mayor, until a successor has been appointed and qualifies. The City Council is requested to appoint the Acting Mayor for 2022. The attached resolution will be completed according to the Council's decision. BACKGROUND: Minnesota Statutes §412.121 requires that the City Council, at its first meeting of each year, choose an Acting Mayor from the Council Members. BUDGET IMPACT: N/A ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2022- RESOLUTION APPOINTING THE ACTING MAYOR FOR 2022 BE IT RESOLVED, that the City of Apple Valley, Dakota County, Minnesota, that Councilmember be appointed as Acting Mayor for the year 2022. BE IT FURTHER RESOLVED, that the Acting Mayor shall perform the duties of the Mayor during the disability or absence of the Mayor from the City. Absence of the Mayor from the City is defined as a continuous period of over 24 hours. ADOPTED this 13th day of January, 2022. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ••• ITEM: 7. ..... .... Apple COUNCIL MEETING DATE: January 13, 2022 Valley SECTION: Calendar of Upcoming Events Description: Approve Calendar of Upcoming Events Staff Contact: Department/ Division: Stephanie Marschall, Deputy City Clerk City Clerk's Office ACTION REQUESTED: Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the City Council. SUMMARY: Day/Date Time Location Event Wed./Jan. 12 7:00 p.m. Municipal Center Traffic Safety Advisory Committee Meeting Thur./Jan. 13 5:30 p.m. Municipal Center Informal City Council Meeting Thur./Jan. 13 7:00 p.m. Municipal Center Regular City Council Meeting Mon./Jan. 17 City Offices Closed Martin Luther King Jr. Day Tue./Jan. 18 2:00 p.m. Municipal Center Cemetery Advisory Committee Meeting Wed./Jan. 19 7:00 p.m. Municipal Center Planning Commission Meeting Thur./Jan. 20 7:30 a.m. Eagan Community MLC Legislative Breakfast Center Meeting Tues./Jan. 25 6:00 p.m. Municipal Center Urban Affairs Advisory Committee Meeting Wed./Jan. 26 9:00 a.m. Municipal Center Firefighters Relief Association Board Meeting Thur./Jan. 27 6:00 p.m. Municipal Center EDA Meeting Thur./Jan. 27 7:00 p.m. Municipal Center Regular City Council Meeting Wed./Feb. 2 7:00 p.m. Municipal Center Planning Commission Meeting Sat./Feb. 5 Johnny Cake Ridge 2022 Mid-Winter Fest Park Tue./Feb. 8 6:00 p.m. Municipal Center Informal Parks & Recreation Advisory Committee Meeting Tue./Feb. 8 7:00 p.m. Municipal Center Regular Parks & Recreation Advisory Committee Meeting Thur./Feb. 10 5:30 p.m. Municipal Center Informal City Council Meeting Thur./Feb. 10 7:00 p.m. Municipal Center Regular City Council Meeting Wed./Feb. 16 7:00 p.m. Municipal Center Planning Commission Meeting Mon./Feb. 21 City Offices Closed President's Day Tues./Feb. 22 6:00 p.m. Municipal Center Urban Affairs Advisory Committee Meeting Wed./Feb. 23 9:00 a.m. Municipal Center Firefighters Relief Association Board Meeting Thur./Feb. 24 7:00 p.m. Municipal Center Regular City Council Meeting BACKGROUND: Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social gathering. Only events marked with an asterisk (*) will any action of the Council take place. BUDGET IM PACT: N/A