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12-20-2021 CITY COUNCIL MEETING December 20, 2021 7:00 PM Fridley Civic Center, 7071 University Avenue N.E. The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, program, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to d any interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at (763) 572-3500. (TTD/763-572-3534). AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES 1.Approve the Minutes from the City Council Meeting of December 13, 2021 NEW BUSINESS 2.Resolution No. 2021-128, Approving a Grant for Preparing for Emerald Ash Borer from the Minnesota Department of Natural Resources 3.Resolution No. 2021-132, Approving Participation in Opioid LitigationSettlements 4.Resolution No. 2021-133, Approving Gifts, Donations and Sponsorships Received Between November 13, 2021 and December 10, 2021 CLAIMS 5.Resolution No. 2021-134 Approving Claims for the Period Ending December 15, 2021 ADOPTION OF REGULAR AGENDA OPEN FORUM, VISITORS:Consideration of Items not on Agenda15 minutes. REGULAR AGENDA ITEMS 2 City Council Meeting 12/20/2021 Agenda Page 2 NEW BUSINESS 6. Resolution No. 2021-124, Receiving Final Report and Recommendations of the Public Finance Advisory Committee for the Park System Improvement Plan 7. Resolution No. 2021-127, Approving the Phase 2 Addendum to the Energy Action Plan and a Memorandum of Understanding with Xcel Energy 8. Resolution No. 2021-130, Certifying the Final Tax Levy Requirements for 2022 to the County of Anoka 9. Resolution No. 2021-131, Approving a Budget for the Fiscal Year 2022 and the 2022-2026 Capital Investment Program INFORMAL STATUS REPORTS ADJOURN 3 Jufn!2/ AGENDA REPORT Meeting Date: December 20, 2021 Meeting Type:City Council Submitted By: Roberta S. Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting of December 13, 2021 Background Attached are the minutes from the City Council meeting of December 13, 2021. Financial Impact None. Recommendation Approve the minutes from the City Council meeting of December 13, 2021. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Meeting of December 13, 2021 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!2/ CITY COUNCIL MEETING December 13, 2021 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. MINUTES CALL TO ORDER Mayor Lund called the City Council Meeting of December 13,2021, to order at 7:00 p.m. PRESENT Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Stephen Eggert Councilmember Ann Bolkcom Walter Wysopal, City Manager Scott Hickok, Community Development Director Sarah Sonsalla, City Attorney PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS APPROVAL OF PROPOSED CONSENT AGENDA Motion made by CouncilmemberBolkcomto adopt the proposed Consent Agenda.Seconded by CouncilmemberTillberry UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES 1.Approve the Minutes from the City Council Meeting of November 22,2021. CLAIMS 2.Resolution No. 2021-129, Approving Claims for the Period Ending December 8, 2021 NEW BUSINESS 3.Resolution No. 2021-119, Repealing Resolution No.2021-115 in its Entirety and Canceling an rd Interfund Loan in the Amount of $840,000 for the 53Avenue Lift Station Improvement Project. 4. Resolution No. 2021-120, Warding Sanitary Sewer Collection System Lining Project No. 22-450. 5 Jufn!2/ City Council Meeting 12/13/2021 Minutes Page 2 5. Resolution No. 2021-123, Awarding Contract for the Farr Lake Danube Pond Dredging Project. 6. Resolution No. 2021-125, Accepting First Installment of American Rescue Plan Coronavirus Local Fiscal Recovery Funds and Accepting Redistribution of Unrequested Coronavirus Local Fiscal Recovery Funds. 7. Resolution No. 2021-126, Accepting and Confirming Statutory Tort Limits. ADOPTION OF REGULAR AGENDA Motion made by Councilmember Tillberry to adopt the regular agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. Sue Dingman commented that she feels strongly that if bidding were completed for a City-wide garbage hauler it would reduce the impact on the roads. She commented on the number of haulers that come down her road and believed that is damaging the roads and causing a safety concern. Mayor Lund commented that about five years ago there was a lengthy and heated discussion with the residents, and it became a volatile and hostile issue. He stated that they talked about the matter for about two years. He stated that ultimately the decision was voted down by the Council under a great amount of pressure from residents who did not want government involvement in trash haulers. Ms. Dingman suggested that the issue be placed on the ballot to allow residents to decide. Mayor Lund commented that it was a volatile issue, and the meetings were well attended. He stated that residents did not like the price fixing and some residents wanted to stay with their current hauler. Councilmember Bolkcom stated that she believed that the people who supported the idea perhaps did not attend the meetings. She noted that only she and Mayor Lund were a part of those discussions. REGULAR AGENDA ITEMS PUBLIC HEARING(S) 8. Preliminary Assessment Hearing on 2021 Street Rehabilitation Project No. ST2021-01 Motion made by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:10 P.M. Brandon Brodhag, Engineer, explained that each year the City performs a street rehabilitation project and highlighted the project area for 2021. He noted that the Council authorized initiation of the project on 6 Jufn!2/ City Council Meeting 12/13/2021 Minutes Page 3 July 13, 2020 with the project slated for completion in 2021. He stated that construction was delayed from 2021 to 2022 because there were roads with higher needs in 2021. He provided additional details on the candidate streets within the project and reviewed the work elements proposed for the project. He reviewed the tentative project schedule and provided details on the virtual neighborhood information presentation which was available on the City website. He stated that notices were mailed to 247 properties and the presentation was viewed 63 times. He stated that the Council received the feasibility report at its November 8, 2021 meeting and noted that the report concluded that the project is cost effective, necessary, and feasible. He reviewed the estimated project cost and proposed funding sources. He provided additional details on the two assessable parcel categories and reviewed the calculation steps for low density residential (LDR) property assessment. He also reviewed the recent assessment history per unit noting that all assessments are based off actual construction costs. He reviewed the available payment options for assessments. He stated that staff requests that the City Council continue the preliminary assessment hearing and hear those who wish to address the Council and if so in order, the Council to move to adopt the related resolution 2021-122. He stated that if approved, staff would finalize the design/plans to receive approvals from State Aid, continue to coordinate with private utility companies with schedules, and update the neighborhood via the project page on the City website. Councilmember Eggert stated that he noticed there were allocations for water and sewer in the project budget and asked for details on the utility work that would be completed with the project. Mr. Brodhag replied that there would be some utility work and provided additional details on the project segments that would have watermain work, stormwater, and sewer work. Councilmember Eggert commented that this type of work seems relatively minor for this project. Councilmember Bolkcom asked how residents can receive updates if they do not use email. Mr. Brodhag stated that the City has moved towards digital communications through the website and email over the past few years. He stated that residents who do not have that access can reach out to City staff to receive updates in an alternate manner. Councilmember Bolkcom asked if residents can still submit questionnaires. Mr. Brodhag confirmed that residents can still submit the questionnaires and noted that information assists staff in developing the final design for the project. Councilmember Bolkcom commented on the different activities people host at their homes during the summer months and asked what could be done to accommodate a resident hosting a special event. Mr. Brodhag stated that the questionnaire does asks if there is a major event occurring for that resident and noted that staff then works with the contractor to avoid high impacts during that time. Commissioner Bolkcom asked staff to provide additional details on the State Aid funding. 7 Jufn!2/ City Council Meeting 12/13/2021 Minutes Page 4 Mr. Brodhag provided additional details on the MnDOT State Aid program. He stated that Fridley is one of five cities that is considered built out and therefore receives funds for all streets and not just certain routes. Councilmember Otswald asked for additional details on the maintenance that occurs during the lifespan of a street. Mr. Brodhag stated that a street has a lifespan of 40 to 50 years and reviewed the different maintenance activities that occur throughout the life of the road. Mayor Lund welcomed input from the public. th A resident who lived on 57 Avenue stated that there was not a lot of information on the lifespan of the water and sewer utilities, and he was surprised that only minimal utility work would be done. He was concerned that additional utility work would be needed in the future that would cause the road to be torn up again. Mayor Lund commented that the City televises sewer lines routinely and especially before road construction to identify needed repairs. The resident said he took advantage of the offer from the City to televise the lines to his home as well. Jim Kosluchar, Public Works Director, stated the utilities have been inspected in the project area and the televised records have also been reviewed for the sewer lines. He stated that they have developed a predictive failure method for the waterlines and identified the areas that will be targeted through the project. He stated while they would love to replace all the utilities, it would most likely double or triple the water rates for Fridley. He noted the goal would be to have half of the water system rehabbed by the 100-year life of the infrastructure. He stated that there is a similar goal for sewer lines, noting that the sewer pipes can be lined and some of the pipes have likely been lined before. He stated the potential for failure is analyzed, and those issues are then addressed. Councilmember Eggert stated when his street was redone, he was able to have the construction crew televise his sanitary sewer and asked if that is available to residents. Mr. Brodhag confirmed that is part of the questionnaire and is an option provided free to residents. He noted that many residents have signed up for that service and welcomed any additional requests. Councilmember Eggert stated that if there is a problem identified it would be preferable to have that addressed prior to the road construction. Sue Dingman asked if there would be an additional charge on the water bills for residents in addition to the assessment for the project. Mr. Brodhag confirmed that the special assessment would be the only cost to residents. 8 Jufn!2/ City Council Meeting 12/13/2021 Minutes Page 5 Ms. Dingman stated that she submitted a questionnaire with several questions and commented that she has not received a response. Mr. Brodhag commented that he would follow up. Ms. Dingman stated that she has a salon and is concerned with water shutoffs. Mr. Brodhag commented that he would not expect any water shutoffs for her street. He stated that those people in areas where water would be shutoff would most likely only have a shutoff of two hours and temporary water service would be used to provide water to those houses. Ross Nelson stated that there is a bike trail that runs by the ballfields by the high school and asked if that segment would be addressed at some time. Mr. Brodhag stated that staff has discussed whether that would be included in this project. He noted that there are a few trails that need attention and staff is determining how to best address the issue. He confirmed that information would be included as part of the project updates. Mike Yager asked if every driveway would be addressed within the easements. Mr. Brodhag stated that the driveway work would be dependent on what is disturbed. Mr. Yager asked if it would be possible that some driveways would not be disturbed. Mr. Brodhag confirmed that to be true. John Phifer, 700 Marigold, stated that it was noted that his entire street would be reconstructed and asked if the curbs would be lowered. Mr. Brodhag replied that curb work would only occur on those segments that need repair. He stated that most of the curb is in good condition and therefore those segments would remain. Mr. Phifer provided details on the elevation of his driveway compared to the curb and asked if that could be addressed. Mr. Brodhag confirmed that staff could work with him to address that issue. Mr. Phifer asked if this project could be tabled because of the impacts of COVID to allow residents to build funds for the assessment. Mayor Lund commented that given that there are 120 miles of City streets and a limited amount of resources, the City needs to follow a schedule for repairs. He stated that this project has been delayed from last year in order to address roads in worse condition during 2021. He stated that he would not vote to postpone the project, as there would likely be resident complaints in the future and prices continue to rise. 9 Jufn!2/ City Council Meeting 12/13/2021 Minutes Page 6 Councilmember Bolkcom commented that another issue on that topic would be that some residents would want the project while others do not and that would make it difficult to choose between the wants of different residents. She noted that there are different payment options available, and assessments would not be adopted until November 2022. thth A resident name Marilyn who lives on 57 Avenue, asked about the plans for 57 Avenue. She asked what is wrong with the road as it is now. Mayor Lund commented that the staff review the conditions of streets and prioritizes repairs based on condition. She stated that as a senior, an assessment is a lot of money. She did not feel there was a need for the street to be repaired as there are not potholes and there is curbing already. Mr. Brodhag commented that staff inspect the streets annually and review different aspects. He stated th that 57 Avenue has not been reconstructed and is showing its lifespan with cracking and patching. Mayor Lund asked if there is a lot of alligator cracking on the street. He noted that the life expectancy of the road becomes short once that begins to show. He acknowledged that some residents feel that repairs could wait while other residents disagree. He stated that the Council takes a lot of input from residents and staff on the needed repairs. He stated that all the streets are rated on condition and then prioritized accordingly. He stated that repairs are planned on a five-year plan and therefore that information is available to residents. A resident named Norma who lives on Quincy Street referenced the preliminary estimate and commented that it was a bit of a shock to many retired residents. She asked if the City could guarantee that the assessment would not be higher than $3,000 and that the assessment could be lowered if the cost comes in lower than anticipated. Mayor Lund stated that in his 21 years, he can only recall one case when the assessment was higher than estimated. He stated that more often than not, the estimate is a bit higher than the actual cost. He acknowledged that the final cost would not be known until the construction costs are known. Norma asked if residents would be provided an updated assessment amount if the materials costs were to increase. Mayor Lund explained how the process would move forward. He stated that often unexpected issues arise more with utilities which are not assessed. Mr. Kosluchar commented that the City prides itself on keeping costs low as much as possible. He was unsure that the City has ever exceeded its estimate but acknowledged that this is an odd time with supply chain issues. He stated that staff will try to find ways to save dollars on a project. He explained that the City attempts to cluster projects together in one area in order to provide cost savings from the contractor rather than having different segments throughout the city. He stated Council would review the bids once received. : Jufn!2/ City Council Meeting 12/13/2021 Minutes Page 7 Mayor Lund explained that the City looks at its projects in the winter in order to bid the projects early when contractors are planning their work for the next year in attempt to receive the best pricing. Councilmember Eggert asked the process a resident would explore for a senior deferment of the assessment. Patrick Maghrak, Assessor, commented that an application would be submitted to the Anoka County ome income guidelines. He stated that he could provide an application to anyone that is interested. Councilmember Bolkcom stated the City does go out for bid on the projects in order to receive the best costs. Mr. Yager stated that there are some boulevard trees that impede on the curbing. He asked if that would be addressed during the project. Mr. Brodhag commented that staff would review the curb and determine if there are issues being caused by trees. He stated that most of the time trees that are causing an issue are removed to prevent continued issues. He stated there have been times when trees could be saved with adjustments. Mr. Yager commented that the tree is also climbing into the power lines, and he would not have a problem with the tree being removed. He asked if that tree removal would be part of the project or assessed to his home. Mr. Brodhag commented that the cost would be part of the project. Councilmember Bolkcom commented that the City has programs to provide replacement trees if the resident is interested. Councilmember Eggert suggested that the resident submit a questionnaire with that issue to ensure it is addressed. Leona Menyongar, 5755 Washington Street, commented that she has spoken with City staff about her concerns. She stated she is planning a driveway extension and wanted to find out if the contractor for the road project would be interested in doing her driveway extension. Mr. Brodhag stated that once the contractor is secured for the project, staff could have them review the private driveways to determine if they would like to complete the driveway work. He noted that many times the contractor prefers to stay within the City work and not complete work on private driveways. Ms. Menyongar stated her daughter will be graduating and noted that staff has told her that they will attempt to coordinate with her. She agreed that her road is need of repairs. 21 Jufn!2/ City Council Meeting 12/13/2021 Minutes Page 8 Councilmember Bolkcom stated the City has another program that may be able to assist with her driveway project, the Front Door Grant program. She stated that this is a new program and encouraged the resident to apply. Korrie Johnson, Acting Finance Director, commented that more information can be found on the City website. She noted that in January of 2022 the program would be opened again for new applications. Councilmember Eggert asked if there would be a preference on when work on private driveways should be completed. Mr. Brodhag stated that they would like to have coordination with the contractor. He noted that they would prefer to have the driveway work before or during construction to prevent additional heavy equipment on a newly paved road. A resident stated she is unsure if she has submitted a questionnaire and asked if there is a way to double check. Mr. Brodhag provided his contact information for the resident to follow up. Ms. Dingman stated that she has handicap visitors that come to her property. She stated she has temporary ramps and asked if a curb cut could be made at her property which would allow wheelchair access. Mr. Kosluchar commented that if that serves the property, that could perhaps be worked out with the contractor through a cost share. He noted that perhaps the resident pays the unit price. He stated that staff would review the curbing first and if the curbing is being replaced that would present an opportunity. He encouraged the resident to follow up with staff. Councilmember Tillberry commented that staff are available for any additional questions residents may have. Mr. Phifer commented that there is a water pond at the end of Marigold which was not draining properly. He asked if that would be part of this project. Mr. Brodhag stated that the rain garden was part of a 2019 project and is not functioning as well as intended. He stated that staff removed the top foot of material and dug down another three feet to remove clay pockets. He stated that currently that is a sand rain garden to see how that would function and noted that plants would be added in the spring. Mr. Kosluchar stated that they also reviewed running a pipe which had an estimated cost of $50,000 but staff wanted to try to address the soil issues and that seems to be addressing the problem at a much lower cost. Councilmember Bolkcom noted that staff would still have time to ensure the rain garden is functioning properly before the road project begins. 22 Jufn!2/ City Council Meeting 12/13/2021 Minutes Page 9 Motion made by Councilmember Eggert to close the public hearing, Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:11 P.M. Mayor Lund noted that action will be taken on this item later on the agenda tonight. 9. Truth in Taxation Public Hearing, Proposed 2022 Budget and Property Tax Levy Motion made by Councilmember Eggert to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:13 P.M. Korrie Johnson, Acting Finance Director, highlighted the Distinguished Budget Presentation Award that the City received in January 2021. She stated the City does not plan to apply for the award in 2022 because of the changes that have been enacted through that program. She reviewed the budget goals and objectives and economic expectations anticipated. She also noted that several factors cause uncertainty in economic forecasts and provided examples. She reviewed the general budget assumptions and noted that the proposed 2022 budget does not include any adjustments for the pending park system improvement plan, expiring collective bargaining agreements, or pending fiscal recovery funds allocation plan. She reviewed the proposed 2022 budget noting that the proposed budget assumes a 4.7 percent increase to the property taxes compared to 2021. She provided details on the proposed general fund revenues and local government aid noting a projected increase in general fund revenue of 5.6 percent. She noted that is attributed to the increase in market value. She highlighted the general fund expenditures and provided a balance history of the general fund. She provided details on the special revenue funds including the cable television fund, solid waste abatement fund, police activity fund, and Springbrook Nature Center fund. She also provided details on the capital project funds including the building capital improvement fund, street improvement fund, parks capital improvement fund, information technology projects fund, capital equipment fund, and community investment fund. She reviewed the details proposed for the enterprise funds including the water utility fund, sanitary sewer utility fund, storm water utility fund, and municipal liquor fund. She stated that the proposed 2022 budget assumes an overall property tax levy increase of about 2.97 percent. She reviewed information on the information on impact of the proposed property taxes on different property values. She also provided comparisons to other comparable metro cities. She recommended that the Council accept any public comments. Mayor Lund thanked staff for an excellent presentation. Wally Wysopal, City Manager, commented that it is the practice of the City to present this information and wait one week before requesting final approval. He stated that action will be taken on this item on December 20. 23 Jufn!2/ City Council Meeting 12/13/2021 Minutes Page 10 Motion made by Councilmember Otswald to close the public hearing, Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:51 P.M. NEW BUSINESS 10. Resolution No. 2021-122, Ordering Final Plans, Specifications and Calling for Bids: 2021 Street Rehabilitation Project No. ST2021-01 Motion made by Councilmember Tillberry to adopt Resolution No. 2021-122, Ordering Final Plans, Specifications and Calling for Bids: 2021 Street Rehabilitation Project No. ST2021-01. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORTS Councilmember Bolkcom commented that North Suburban Center for the Arts will be hosting a holiday tea event on Saturday from 12 to 3 p.m. She stated the organization continues fundraising for the new building. She commended City staff for the excellent job plowing over the weekend. She reminded residents that they cannot push snow into the street. Councilmember Otswald noted that holiday lights can be recycled at City Hall. ADJOURN Motion made by Councilmember Otswald to adjourn. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:56 P.M. Respectfully Submitted, Melissa Moore Scott J. Lund City Clerk Mayor 24 Jufn!3/ AGENDA REPORT Meeting Date:December 20, 2021 Meeting Type:City Council Submitted By:James Kosluchar, Director of Public Works and Engineering Jeffrey Jensen, Operations Manager-Streets and Parks Rachel Workin, Environmental Planner Title Resolution No. 2021-128,Approving a Grant for Preparing for Emerald Ash Borer from the Minnesota Department of Natural Resources Background In February 2018, the Fridley City Council approved the Emerald Ash Borer Mitigation Plan to proactively address the threat emerald ash borer (EAB), an invasive insect pest that attacks ash trees. As part of this Plan, staff have been treating high quality ash trees to protect against EAB and removing and replacing Minnesota Department of Natural Resources in the amount of $55,400 in order to advance these efforts. Grant funds will be spent on additional removal and replacement of poor-quality ash trees, allowing staff to increase the number of removed trees from 20 to 70 in 2022. Additional tree removal and replacement will be conducted within City-managed right-of-way and parks west of University Avenue. A full copy of the Emerald Ash Borer Mitigation Plan can be found at www.FridleyMN.gov/EmeraldAsh. Financial Impact The grant will reimburse up to $55,400 in eligible expenses. The required grant match of $18,600 is Recommendation Staff recommends approval of Resolution No. 2021-128. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & PlacesCommunity Identity & Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2021-128 Exhibit A: State of Minnesota Grant Contract for Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 25 Jufn!3/ Resolution No. 2021-128 Approving a Grant for Preparing for Emerald Ash Borer from the Minnesota Department of Natural Resources Whereas, the City of Fridley (City) approved an Emerald Ash Borer Mitigation Plan to proactively address the impacts of Emerald Ash Borer, an invasive insect pest; and Whereas, the Emerald Ash Borer Mitigation Plan directs staff to treat high-quality ash trees and remove and replace poor quality ash trees; and Whereas, the Department of Natural Resources for $55,400 to increase the number of removed and replaced poor quality ash trees in 2022. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the grant for Preparing for Emerald Borer from the Minnesota Department of Natural Resources. th Passed and adopted by the City Council of the City of Fridley this 20 day of December, 2021. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 26 Jufn!3/ STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources, Division of Forestry, 500 Lafayette Rd., St. Paul, MN 55155 (“State”) and the City of Fridley, 7071 University Avenue NE, Fridley, MN 55432 (“Grantee”). Recitals st 1. Under Minn. Stat.§84.026, §84.085, Subd. 1, and MinnesotaSession Law 2021, 1Special Session, Chapter 6, Article 1, Section 3, Subdivision 4(j), the State is empowered to enter into this grant. 2. The State is in need of Urban and Community Forestry Services. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd. 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1Term of Grant Contract 1.1 Effective date: November 30, 2021, or the date the State obtains all required signatures under Minn. Stat.§16B.98, Subd. 5, whichever is later. Per Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed. 1.2 Expiration date: June 30, 2023, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 2 Grantee’s Duties The Grantee, who is not a state employee, will: Comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). Perform the duties specified in Exhibit A, Exhibit B,and Exhibit C, which are incorporated and made a part of this agreement. 3Time The Grantee must comply with all the time requirements described in this grant contract.In the performance of this grant contract, time is of the essence. 4Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (a) Compensation The Grantee will be paid compensation in an amount not to exceed $55,400.00 on a reimbursement basis for qualifying purchases. The Grantee shall submit payment requests with required expenditure documentation. According to the breakdown of costs contained in Exhibit B, which is attached and incorporated into this grant contract, the Grantee certifies that a minimum 25% matching requirement for the grant will be met by the City of Fridley. The total project cost is $74,000.00. Grantee agrees to match at least $18,600.00 of this project cost. 27 Grant for Legislatively-named Municipality FY19: Updated November 2018 1 Jufn!3/ (b) Travel Expenses Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $55,400.00. 4.2 Payment (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: 1. 1. June 30, 2022 2. 2. December 30, 2022 3. 3. June 30, 2023 All project work must be completed and the final request for reimbursement (along with final reports) must be submitted by June 30, 2023. (b) Unexpended Funds The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 4.3 Subcontractors, Contracting, and Bidding Requirements The Grantee agrees that if it subcontracts any portion of this project to another entity, the agreement with the subcontractor will contain all applicable provisions of the agreement with the State. Per Minnesota Statute 471.345, Municipalities as defined in Subd.1 must follow that Uniform Municipal Contracting Law if contracting funds from this grant contract agreement for any supplies, materials, equipment, or the rental thereof, or the construction, alteration, repair, or maintenance of real or personal property. (a) Support documentation of the bidding process utilized to contract services must be included in the grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable. (b) For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minnesota Statue 177.41 through 177.44. Consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. A prevailing wage form should accompany these bid submittals. 5Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 28 Grant for Legislatively-named Municipality FY19: Updated November 2018 2 Jufn!3/ 6Authorized Representative The State's Authorized Representative is Emma Schultz, Community Forest Project Specialist, 500 Lafayette Rd., St. Paul, MN 55155, (651) 259-5274, emma.schultz@state.mn.us , or her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee’s Authorized Representative is Rachel Workin, Environmental Planner, 7071 University Avenue NE, Fridley, MN 55432, Rachel.Workin@FridleyMN.gov, (763) 572-3594. If the Grantee’s Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7Assignment Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Complete This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10Government Data Practices and Intellectual Property Rights 10.1 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable laws. 29 Grant for Legislatively-named Municipality FY19: Updated November 2018 3 Jufn!3/ 10.2 Intellectual Property Rights- Not Applicable 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181 , Subd. 2, pertaining to workers’ compensation insurance coverage.The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12Publicity and Endorsement The Grantee will publicly post and promote project information and purpose as pertains to this grant contract. 12.1 Publicity Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative.For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s website when practicable. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State The State may immediately terminate this grant contract with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding The State may immediately terminate this grant contract if: (a) It does not obtain funding from the Minnesota Legislature. (b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice. 2: Grant for Legislatively-named Municipality FY19: Updated November 2018 4 Jufn!3/ 14.4 Additional Alternate Termination Language Additional alternate termination languagemay be negotiated on a case-by-case basis after the state agency has consulted with their legal and finance teams. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16Non-Discrimination Requirements No person in the United States must, on the ground of race, color, national origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or activity receiving Federal financial assistance.Including but not limited to: a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and DOC implementing regulations published at 15 C.F.R. Part 8 prohibiting discrimination on the grounds of race, color, or national origin under programs or activities receiving Federal financial assistance; Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.) prohibiting discrimination on the basis of sex under Federally assisted education programs or activities; b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and DOC implementing regulations published at 15 C.F.R. Part 8b prohibiting discrimination on the basis of handicap under any program or activity receiving or benefiting from Federal assistance. c) The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), and DOC implementing regulations published at 15 C.F.R. Part 20 prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance; d) Title II of the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination against qualified individuals with disabilities in services, programs, and activities of public entities. 31 Grant for Legislatively-named Municipality FY19: Updated November 2018 5 Jufn!3/ 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as 3. STATE AGENCY required by Minn. Stat. '' 16A.15 and 16C.05 By: Signed: (with delegated authority) Title: Date:November 24, 2021 Date: SWIFT Contract/PO No(s).204024 / 3-201038 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Grant for Legislatively-named Municipality FY19: Updated November 2018 6 32 Jufn!3/ %·§¨¡¨³ !Ȁ '± ­³ 0±®©¤¢³ $¤«¨µ¤± ¡«¤² ΕΓΕΔ 0±¤¯ ±¨­¦ ¥®± %!" '± ­³² City of Fridley Deliverables Grant Sum Total: $55,400.00 Grant Contact Deliverables Adopting an EAB management plan through this grant process if the community does not yet have one in place Each ash tree removed must be replaced with a newly planted tree Grantee must be willing to participate in work by the Minnesota Department of Agriculture and University of Minnesota to evaluate project impacts Regardless of requests for reimbursement, a written update must be submitted by each reporting deadline, to ensure project is moving forward and on track to completion. Add written reports below corresponding to each reporting date: June 30, 2022 Update: December 30, 2022 Update: June 30, 2023 Update: As work is completed, thoroughly address all applicable bullet points below. Add in the date of reporting (i.e. 6/30/22) and change the font color of your update to red, to show where information has been added. Continually add to this document over the lifetime of your grant, making sure that all bullet points are addressed by the time of the grant’s completion. Work with DNR to fully execute and report on the impacts of the work plan by meeting the requirements as submitted in the City of Fridley’s application: Project Overview In 2016, the City conducted a public tree inventory which found that 20.6% of city-owned trees were green ash. In January 2018, the Fridley City Council approved an Emerald Ash Borer (EAB) Mitigation Plan directing staff to remove and replace poor quality ash trees and treat high quality ash trees in order to preserve the City’s community forest while mitigating the impacts of EAB. EAB was confirmed by the Minnesota Department of Agriculture in Fridley in 2019. Since then, City staff have found multiple areas where EAB infestations required immediate removal of hazardous trees. While the City has a forestry budget that allows for annual removal of hazardous trees, the proliferation of EAB has hampered the City’s ability to proactively remove poor quality ash trees before they become hazardous. This funding will allow the City to increase the number of poor-quality ash trees it can remove and replace in compliance with the EAB Mitigation Plan. Funds will be used to remove and replace 50 additional poor-quality public ash trees, increasing the total number of removed and replaced trees in 2022 from 20 to 70. The project location for this grant includes City right-of-way and parks between University Avenue and the Mississippi River, including the Mississippi River Corridor Critical Area (MRCCA). The MRCCA has been granted special protection under MS 116G in acknowledgment of the importance of the Mississippi River. The City's MRCCA plan, which was approved by the DNR in 2020, directs the City to prioritize this area for revegetation efforts and increased forest resilience. Increasing efforts in this area will decrease EAB pressure on adjacent private trees, including those in the many natural areas along the River that aren't targeted for treatment. Additionally, some of the ash trees planned for removal and replacement are along the Mississippi River Trail, which has a high amount of pedestrian/bicyclist traffic, making public safety of particular Grant for Legislatively-named Municipality FY19: Updated November 2018 7 33 Jufn!3/ importance and necessitating higher prioritization. Timeline December 2021: City staff will solicit quotes from two City-licensed tree companies for removal of 50 trees. January-February 2022: Selected tree company will remove trees and update GIS database February-March 2022: City staff will grind tree stumps September-October 2022: City staff will replant removed trees and update GIS database The City will be able to provide the DNR GIS shapefiles as well as photos of tree removals, ground stumps, and replanted trees as needed for reporting purposes. Project Budget Explanation Tree removal, tree replacement, and labor costs are based on similar work conducted by the City in 2019-2021. The City's in-kind match includes Public Works Department staff time needed to grind stumps and replace trees. The City's cash match will come from the City's forestry budget. The City acknowledges the competitiveness of this grant. If the full grant allotment is not available, the City is able to adjust its work plan based on available grant funding. Project Impacts on Priority Landscapes and Populations This project is planned within the area of Fridley between the Mississippi River and University Avenue, which includes the MRCCA. This area includes areas highlighted by the MPCA as environmental justice areas as having both 40% of the people reporting income less than 185% of the federal poverty level and 50% of more people of color. By ensuring that removed trees are replaced, this grant will help increase the long term resiliency of the community forestry in this neighborhood as well as enhance the benefits provided by the trees in an area with a higher proportion of diverse or under-served populations. Residents will also receive more targeted communication with regards to managing EAB on their private property. Communication The City will conduct the following minimum outreach activities related to EAB in 2022: Two newsletter articles on EAB including ash tree removal and the importance of tree replacement, ash tree treatment options, ash tree identification, benefits of planting diverse tree species, etc. Five social media posts on EAB Two electronic newsletter posts One general citywide mailing on EAB and ash tree treatment to be provided by the City's treatment contractor Three letters to property owners adjacent to tree removal and replacement sites on tree removal and tree care Additionally, Fridley Public Works Department staff will be available to answer resident questions and conduct site visits Grant for Legislatively-named Municipality FY19: Updated November 2018 8 34 Jufn!3/ Personnel The City Forester will select the tree service company to remove the 50 trees and oversee all work. The selected tree service company will be licensed by the City, which requires the company to maintain specific insurance requirements and register with the MDA's Tree Care Registry. The City will also ensure that any contracted work meets grant standards including those relating to prevailing wage, etc. Stump grinding and tree replacement will be performed by personnel from the City's Public Works Department in which there are currently 9 certified tree inspectors on staff and overseen by the City Forester. The City's Environmental Planner will lead all outreach on the project. The Environmental Planner and Urban Forester will select trees following the guidelines by the DNR. A list of potential trees is included as an application attachment, subject to nursery availability. Removals and replacements will be updated in the City's tree inventory by the City's GIS consultant. The City regularly shares forestry data for research purposes with groups such as the U of M. All personnel have been working in a similar capacity from 2019-2021. Tree Planting Grant funds will not fund the purchase of trees that are over-represented in your community. Any genera that comprise 10% or more of the community forest make-up will not be funded. Numbers derived from the Minnesota Department of Natural Resources 2010 Rapid Assessment will be used unless an updated inventory is provided. For Fridley this means grant funds cannot be spent on purchasing: Acer (maple): 25.5% Fraxinus (ash): 20.6% Quercus (oak): 15.8% All trees planted with grant funds are expected to be maintained based on the City of Fridley’s Three Year Tree Maintenance Plan submitted as Exhibit C. Trees that do not survive will need to be replaced prior to grant close- out utilizing the warranty the city has with the nursery that stock was purchased from, or at the expense of the City of Fridley. Requesting Reimbursement Accomplishment reports and maps of completed work will be submitted with all requests for reimbursement. Partial payment form along with invoices and proof of payment for grant-funded purchases, Cash Match form along with proof of payment, and In-Kind Match form Partial payments may be submitted as needed and must include all up-to-date required documents and accomplishment reports, including a relevant certification and/or declaration Accomplishment reports will include grant contract deliverables and their impacts Photo documentation of the project’s progress at appropriate phases, and illustrations, diagrams, charts, graphs, and maps to show results Maps will: o Identify the location of ash that have been removed o Identify the location of ash stumps that have been ground o Identify the location and species of trees that have been planted All trees removed, treated, and planted will be mapped and submitted as shapefiles, with the planted trees identified by species, to obtain grand fund reimbursement. If your community does not have access to shapefile-generating software, please notify your DNR Urban and Community Forestry Team Member, and they will work to assist you. Following the submission of invoices and accomplishment reports, a compliance check will be conducted by Minnesota Department of Natural Resources staff. Staff will do a site evaluation ensuring that tree species submitted on maps are correctly identified and planted in accordance with the standards set in the Minnesota Department of Natural Resources Pocket Guide to Planting Trees. Grant for Legislatively-named Municipality FY19: Updated November 2018 9 35 Jufn!3/ Staff will also ensure that the project adheres to the 20-10-5 guideline which means that following planting, a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a single genus, and no more than 5% of their trees within a single species. Staff will confirm that planted tree stock is 1-2” caliper bareroot or a container class size #20 or smaller. Acknowledgment The Minnesota Department of Natural Resources needs to be acknowledged in publications, audiovisuals, and electronic media developed as a result of this award. Including any publications or outreach materials related to this grant or agreement, a statement of affiliation with Minnesota Department of Natural Resources, e.g., “This publication made possible through a grant from the Minnesota Department of Natural Resources.” OR “This project was conducted in cooperation with the Minnesota Department of Natural Resources.” Logo is permitted for use and can be obtained by contacting an Urban and Community Forestry Team Member. Grant for Legislatively-named Municipality FY19: Updated November 2018 10 36 Jufn!3/ Exhibit B: Project Budget 2021 Preparing for EAB Grants City of Fridley StateGrant Cash Item In-kind MatchTotal Funds Match Personnel and $18,600.00$18,600.00 Owned Equipment Eligible Expenses $55,400.00 $55,400.00 Totals$55,400.00$0.00$18,600.00$74,000.00 Grant for Legislatively-named Municipality FY19: Updated November 2018 11 37 #¨³¸ ®¥ Fridley Jufn!3/ Fall 2022 City of Fridley Rachel Workin, Enviornmental Planner 763-572-3594 rachel.workin@fridleymn.gov #10 Container 50 Container Alltreeswillbeplantedinthepublicrightofwayadjacenttoaprivatepropertyowner.Theprivate propertyownerwillberesponsibleforwatering.TheCitywillberesponsibleforpruning,managementof generaltreehealth,andremovalandreplacementifneeded. Homeownerswillbeprovidedmaintenanceinformationbeforeandafterthetreeisplanted.TheCitywill alsoputmaintenanceinformationonitswebsiteandshareinformationthroughCitycommunication channels. The Fridley Public Works Department has 9 certified tree inspectors on staff. These staff members will regulalry inspect the trees to ensure tree health. Alltreeswillbeplantedwithatreewateringbagwhichwillbeleftwiththetree.Theadjacentpropertyowner willbeprovidedinformationonpropertreewateringbeforeandafterthetreeisplantedincludingwhentofill thebagaswellasseasonalremovalandreplacementofthebagforthefirstfiveyearsofthetree'slife. 38 Jufn!3/ The City's Public Works Department will provide the initial mulch, taking care to ensure that it is not domed by the trunk. The adacent property owner will be provided information on subsequent proper mulch placement. The City's Public Works Department will make a determination at the time of planting if the trees needs to be staked. If the tree is staked, City staff will inspect and remove remove the stake once the tree is established. Thetreeswillbeinspectedbyacertifiedtreeinspector.Ifpruningortreeremovalandreplacementis needed,thetreeinspectorwillcoordinate. Allnewlyplantedtreeswillbeplantedwithinthepublicright-of-wayfollowingrecommendedspacing guidelinesaccountingforutilities,snowplows,etc.Allnewlyplantedtreeswillbeprotectedwitharodent guard.Treespecieswillbeselectedforhardinessincludingsalttolerancedependingonlocation. TheCityPublicWorksStaffconductsregularinspectionsoftreesandprunesasneeded.Residentscan alsosubmitatreeinspectionortreecarerequestonlineoroverthephone. TheCityhasawholesaleaccountwhichallowstheCitytopurchasetreesatareducedcost;however,the wholesaleaccountdoesnotincludeawarranty.InordertoobtainaoneyearwarrantytheCitywould needtopurchasethetreesattheresidentialratewhichcanbe40-50%more.Inlieuofaone-year warranty,theCitywouldinspectandreplaceatitsowncostanytreesthatdonotsurvivethefirstyear.Ifa warrantyisrequired,theCityispreparedtoadjustitscashmatchbutwouldprefertospendtheadditional costsontreeplantingsinotherareasoftheCity. 39 Jufn!3/ Minnesota Department of Natural Resources Conflict of Interest Disclosure Conflict of Interest: A conflict of interest occurs when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper or illegal act results from it. ActualConflict of Interest: An actual conflict of interest occurs when a person’s decision or action would compromise a duty to a party without taking immediate appropriate action to eliminate the conflict.Examples include,but are not limited to: One party uses his or herposition to obtain special advantage, benefit, or access to the other party’s time, services, facilities, equipment, supplies, badge, uniform, prestige, or influence. One party receives or accepts money (or anything else of value) from another party or has equity or a financial interest in or partial or whole ownership of the other party’sorganization. One party is an employee,board member or family member of the other party. Potential Conflict of Interest: A potential conflict of interest may exist if a person has a relationship, affiliation, or other interest that could create an inappropriate influence if the person is called on to make a decision or recommendation that would affect one or more of those relationships, affiliations, or interests. Organizational Conflict of Interest: A conflict of interest can also occur with an organization that is a grant applicant in a competitive grant process or grantee of a state agency.Organizational conflicts of interest occur when: A grantee’s objectivity in carrying out the grant is impaired or compromised due to competing duties or loyalties A grantee, potential grantee or grant applicant has an unfair competitive advantage through being furnished unauthorized proprietary information or source selection information that is not available to all competitors Grant for Legislatively-named Municipality FY19: Updated November 201812 3: Jufn!3/ This section to be completed by Grantee’s Authorized Representative (AR): I certify that we will maintain an adequate Conflict of Interest Policy, and throughout the term of our agreement, we will monitor and report any actual, potential, individual, or organizational conflicts of interest to the State’s Authorized Representative. I also certify that I have read and understand the description of conflict of interest above and as of this date (check one of the two boxes below): I do not have any conflicts of interest relating to this project. I have an actual, potential, individual, or organizational (indicate below) conflict of interest. The nature of the conflict is as follows: If at any time during the grant project I discover a conflict of interest, I will disclose that conflict immediately to the State’s Authorized Representative. Grantee AR’s Printed Name: Date: Grantee AR’s Signature: Organization Name: _____________________________________________________________ Project Name: __________________________________________________________________ Legal Citation: ML______, Chapter ______, Article ___, Section ___, Subdivision ____ --------------------------------------------------------------------------------------------------------------------------------- State AR’s Printed Name: ________________________________ Date: State AR’s Signature: ____________________________________ Grant for Legislatively-named Municipality FY19: Updated November 2018 13 41 Jufn!4/ AGENDA REPORT Meeting Date:December 20, 2021 Meeting Type:City Council Submitted By:Walter Wysopal, City Manager Title Resolution No. 2021-132, Approving Participation in Opioid Litigation Settlements Background Minnesota has joined a broad multistate coalition in reaching nationwide settlements with the three largest opioid distributors AmerisourceBergen, Cardinal Health, and McKesson and opioid manufacturer Johnson & Johnson. The settlements resolve investigations and lawsuits against these companies for their role in the opioid crisis. If the settlements are fully adopted nationally, the distributors will pay $21 billion over 18 years and Johnson & Johnson will pay $5 billion over 10 years. Minnesota will be eligible to receive more than $296 million over 18 years. Up to $222 million of that will be paid directly to Minnesota cities and counties. The total amount of payments to Minnesota will be determined by the overall degree of participation by cities and counties. The more cities and counties that join, the more money everyone in Minnesota will receive. In 2019, the Legislature passed the Opiate Epidemic Response bill, creating a special opioid abatement account and the Opioid Epidemic Response Advisory Council, which will oversee the spending of the -long partnership between the state and cities and counties has resulted in a state-subdivision agreement (Minnesota Memorandum of Agreement, attached as Exhibit A) that is designed to maximize the settlement funds coming to the State of Minnesota and get them to where they are needed most. The state-subdivision agreement details how the settlement money will be allocated within the state. Payments will begin to flow to the State, cities and counties as soon as April 2022. Most of the settlement funds must be used to support a wide variety of strategies to fight the opioid crisis. The Attorney experience and expertise in public health and delivery of health care services to determine the best and most effective use of the settlement funds. The panel selected a comprehensive list of future opioid abatement and remediation programs that will benefit all regions of the state. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 42 Jufn!4/ Financial Impact The portion of the entire State settlement attributable to cities under 30,000 in population, including Fridley, is distributed to the County in accordance with the terms the Agreement. Anoka County has yet to determine how it will manage these funds. Fridley has requested the amount be forwarded for use by the newly created City of Fridley Community Emergency Medical Technicians Program. Recommendation Staff recommend approval of Resolution No. 2021-132. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-132 !Exhibit A: Minnesota Opioids State-Subdivision Memorandum of Agreement Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 43 Jufn!4/ Resolution No. 2021 - 132 Approving Participation in Opioid Litigation Settlements Whereas, the State of Minnesota, Minnesota counties and cities, and their people, have been harmed by misconduct committed by certain entities that engage in the manufacture, marketing, promotion, distribution, or dispensing of opioids; and Whereas, the State of Minnesota and numerous Minnesota cities and counties joined with thousands of local governments across the country to file lawsuits against opioid manufacturer and pharmaceutical distribution companies and hold those companies accountable for their misconduct; and Whereas, representatives of local Minnesota governments, the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, the State of gotiated and prepared a Memorandum of Agreement (MOA) to provide for the equitable distribution of proceeds to the State of Minnesota and to individual local governments from recent settlements in the national opioid litigation; and Whereas, by signing o of opioid settlement funds, demonstrate solidarity in response to the opioid epidemic, and ensure needed resources reach the most impacted communities; and Whereas, it is in the best interests of the State of Minnesota and the residents of the City of Fridley (City), that the City participate in the national opioid litigation settlements. Now therefore, be it resolved that the City Council of the City of Fridley hereby approves: 1.!Participation in the opioid litigation settlements promotes the public health, safety, and welfare of the residents of the City. 2.!The City supports and opts-in to the national opioid litigation settlements with the Distributors McKesson, Cardinal Health, and Amerisource Bergen, and with the Manufacturer Johnson & Johnson. 3.!The MOA between the State of Minnesota and Local Governments relating to the distribution of settlement funds is hereby approved by the City. 4.!Staff is hereby authorized to take such measures as necessary to sign the MOA and otherwise participate in the national opioid settlements, including executing the Participation Agreement and accompanying Release. 44 Jufn!4/ th Passed and adopted by the City Council of the City of Fridley this 20 day of December, 2021. _______________________________________ Scott J. Lund Mayor Attest: __________________________________ Melissa Moore City Clerk 45 Jufn!4/ MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF AGREEMENT HEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been W harmed by misconduct committed by certain entities that engage in or have engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic; WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement discussions seeking to hold opioid manufacturers and distributors accountable for the damage caused by their misconduct; WHEREAS, the State and Local Governments share a common desire to abate and alleviate the impacts of the misconduct described above throughout Minnesota; W HEREAS, while the State and Local Governments recognize the sums which may be available from the aforementioned litigation will likely be insufficient to fully abate the public health crisis caused by the opioid epidemic, they share a common interest in dedicating the most resources possible to the abatement effort; WHEREAS, the investigations and litigation with Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson have resulted in National Settlement Agreements with those companies, which the State has already committed to join; WHEREAS, Minnesota’s share of settlement funds from the National Settlement Agreements will be maximized only if all Minnesota counties, and cities of a certain size, participate in the settlements; WHEREAS, the National Settlement Agreements will set a default allocation between each state and its political subdivisions unless they enter into a state-specific agreement regarding the distribution and use of settlement amounts; WHEREAS, this Memorandum of Agreementisintended to facilitate compliance by the State and by the Local Governments with the terms of the National Settlement Agreements andis intended to serve as a State-Subdivision Agreement under the National Settlement Agreements; WHEREAS, this Memorandum of Agreement is also intended to serve as a State-Subdivision Agreement under resolutions of claims concerning alleged misconduct in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic entered in bankruptcy court that provide for payments (including payments through a trust) to both the State and Minnesota counties and citiesand allow for the allocation between a state and its political subdivisions to be set through a state-specific agreement; and WHEREAS, specifically, this Memorandum of Agreement is intended to serve under the Bankruptcy Resolutions concerning Purdue Pharma and Mallinckrodt as a qualifying Statewide Abatement Agreement. 1 46 Jufn!4/ I.Definitions As used in this MOA (including the preamble above): “Approved Uses” shall mean forward-looking strategies, programming, and services to abate the opioid epidemic that fall within the list of uses on Exhibit A. Consistent with the terms of the National Settlement Agreements and Bankruptcy Resolutions, “Approved Uses” shall include the reasonable administrative expenses associated with overseeing and administering Opioid Settlement Funds. Reimbursement by the State or Local Governments for past expenses are not Approved Uses. “Backstop Fund” is defined in Section VI.B below. “Bankruptcy Defendants” mean Purdue Pharma L.P. and Mallinckrodt plc. “Bankruptcy Resolution(s)” means resolutions of claims concerning alleged misconduct in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic by the Bankruptcy Defendants entered in bankruptcy court that provide for payments (including payments through a trust) to both the State and Minnesota counties and municipalities and allow for the allocation between the state and its political subdivisions to be set through a state-specific agreement. “Counsel” is defined in Section VI.B below. “County Area” shall mean a county in the State of Minnesota plus the Local Governments, or portion of any Local Government, within that county. “Governing Body” means (1) for a county, the county commissioners of the county, and (2) for a municipality, the elected city council or the equivalent legislative body for the municipality. “Legislative Modification” is defined in Section II.C below. “Litigating Local Governments” mean a Local Government that filed an opioid lawsuit(s) on or before December 3, 2021, as defined in Section VI.B below. “Local Abatement Funds” are defined in Section II.B below. “Local Government” means all counties and cities within the geographic boundaries of the state of Minnesota. “MDL Matter” means the matter captioned In re National Prescription Opiate Litigation, MDL 2804, pending in the United States District Court for the Northern District of Ohio. “Memorandum of Agreement” or “MOA” mean this agreement, the Minnesota Opioids State-Subdivision Memorandum of Agreement. 2 47 Jufn!4/ “National Settlement Agreements”means thenational opioid settlement agreementswith the Parties and one or all ofthe Settling Defendants concerning alleged misconduct in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. “Opioid Settlement Funds” shall mean all funds allocated by the National Settlement Agreements and any Bankruptcy Resolutions to the State and Local Governments for purposes of opioid remediation activities or restitution, as well as any repayment of those funds and any interest or investment earnings that may accrue as those funds are temporarily held before being expended on opioid remediation strategies. “Opioid Supply Chain Participants” means entities that engage in or have engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic, including their officers, directors, employees, or agents, acting in their capacity as such. “Parties” means the State and the Participating Local Governments. “Participating Local Government” means a county or city within the geographic boundaries of the State of Minnesota that has signed this Memorandum of Agreement and has executed a release of claims with the Settling Defendants by signing on to the National Settlement Agreements. For the avoidance of doubt, a Local Government must sign this MOA to become a “Participating Local Government.” “Region” is defined in Section II.H below. “Settling Defendants” means Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a National Settlement Agreement. “State” means the State of Minnesota by and through its Attorney General, Keith Ellison. “State Abatement Fund” is defined in Section II.B below. II. Allocation of Settlement Proceeds A. Method of distribution. Pursuant to the National Settlement Agreementsand any Bankruptcy Resolutions, Opioid Settlement Funds shall be distributed directly to the State and directly to Participating Local Governments in such proportions and for such uses as set forth in this MOA, provided Opioid Settlement Funds shall not be considered funds of the State or anyParticipatingLocal Government unless and until such time as each annual distribution is made. B.Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows: (i) 25% directly to the State (“State Abatement Fund”), and (ii) 75% directly to abatement funds established by Participating Local Governments (“Local Abatement Funds”). This initial allocation is subject to modification by Sections II.F, II.G,and II.H, below. 3 48 Jufn!4/ C.Statutory change. 1. The Parties agree to work together in good faith to propose and lobby for legislation in the 2022 Minnesota legislative session to modify the distribution of the State’s Opiate Epidemic ResponseFund under Minnesota Statutes section 256.043, subd. 3(d),so that “50 percent of the remaining amount” is no longer appropriated to county social services, as related to Opioid Settlement Funds that are ultimately placed into the Minnesota Opiate Epidemic Response Fund (“Legislative 1 Modification”). Such efforts include, but are not limited to, providing testimony and letters in support of the Legislative Modification. 2. It is the intent of the Parties that the Legislative Modification would affect only the county share under section 256.043, subd. 3(d), and would not impact the provision of funds to tribal social service agencies.Further, it is the intent of the Parties that the Legislative Modification would relate only to disposition of Opioid Settlement Funds and is not predicated on a change to the distribution of the Board of Pharmacy fee revenue that is deposited into the Opiate Epidemic Response Fund. D. Bill Drafting Workgroup. The Parties will work together to convene a Bill Drafting Workgroup to recommend draft legislationto achieve this Legislative Modification. The Workgroup will meet as often as practicable in December 2021 and January 2022 until recommended language is completed. Invitations to participate in the group shall be extended to the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, state agencies, the Governor’s Office, the Attorney General’s Office, the Opioid Epidemic Response Advisory Council, the Revisor’s Office, and Minnesota tribal representatives. The Workgroup will host meetings with Members of the Minnesota House of Representatives and Minnesota Senate who have been involved in this matter to assist in crafting a bill draft. E. No payments until August 1, 2022. The Parties agree to take all steps necessary to ensure that any Opioid Settlement Funds ready for distribution directly to the State and Participating Local Governments under the National Settlement Agreements or Bankruptcy Resolutions are not actually distributed to the Parties until on or after August 1, 2022, in order to allow the Parties to pursue legislative change that would take effect before the Opioid Settlement Funds are received by the Parties. Such steps may include, but are not limited to, the Attorney General’s Office delaying its filing of Consent Judgments in Minnesota state court memorializing the National Settlement Agreements. This provision will cease to apply upon the effective date of the Legislative Modification described above, if that date is prior to August 1, 2022. 1 It is the intent of the Parties that counties will continue to fund child protection services for children and families who are affected by addiction, in compliance with the Approved Uses in ExhibitA. 4 49 Jufn!4/ F. Effect of no statutory changeby August 1, 2022. If the Legislative Modification described above does not take effect by August 1, 2022, the allocation between the Parties set forth in Section II.B shallbe modified as follows: (i) 40% directly to the State Abatement Fund, and (ii) 60% to Local Abatement Funds. The Parties further agree to discuss potential amendment of this MOA if such legislation does not timely go into effect in accordance with this paragraph. G.Effect of later statutory change. If the Legislative Modification described abovetakes effect after August 1, 2022, the allocation between the Parties will be modified as follows: (i) 25% directly to the State Abatement Fund, and (ii) 75% to Local Abatement Funds. H.Effect of partial statutory change. If any legislative action otherwise modifies or diminishes the direct allocation of Opioid Settlement Funds to Participating Local Governments so that as a result the Participating Local Governments would receive less than 75 percent of the Opioid Settlement Funds (inclusive of amounts received by counties per statutory appropriation through the Minnesota Opiate Epidemic Response Fund), then the allocation set forth in Section II.B will be modified to ensure Participating Local Governments receive 75% of the Opioid Settlement Funds. I. Participating Local Governments receiving payments. The proportions set forth in ExhibitB provide for payments directly to: (i) all Minnesota counties; and (ii) all Minnesota cities that (a) have a population of more than 30,000, based on the United States Census Bureau’s Vintage 2019 population totals, (b) have funded or otherwise managed an established health care or treatment infrastructure (e.g., health department or similar agency), or (c) have initiated litigation against the Settling Defendants as of December 3, 2021. J.Allocation of funds between Participating Local Governments. The Local Abatement Funds shall be allocated to Participating Local Governments in such proportions as set forth in Exhibit B, attached hereto and incorporated herein by reference, which is based 2 upon the MDL Matter’s Opioid Negotiation Class Model. The proportions shall not change based on population changes during the term of the MOA. However, to the extent required by the terms of the National Settlement Agreements, the proportions set forth in Exhibit B must be adjusted: (i) to provide no payment from the National Settlement Agreements to any listed county or municipality that does not participate in the National Settlement Agreements; and (ii) to provide a reduced payment from the National Settlement Agreements to any listed county or city that signs on to the National Settlement Agreements after the Initial Participation Date. K. Redistribution in certain situations. In the event a Participating Local Government merges, dissolves, or ceases to exist, the allocation percentage for that Participating Local 2 More specifically, the proportions in Exhibit B werecreated based on Exhibit G to the National Settlement Agreements, which in turn was based on the MDL Matter’s allocation criteria. Cities under 30,000 in population that had shares under the Exhibit G default allocation were removed and their shares were proportionally reallocated amongst the remaining subdivisions. 5 4: Jufn!4/ Government shall be redistributed equitably based on the composition of the successor Local Government.In the event an allocation to a Local Governmentcannot be paid to the Local Government, such unpaid allocations will be allocated to Local Abatement Funds and be distributed in such proportions as set forth in Exhibit B. L. City may direct payments to county. Any city allocated a share may elect to have its full shareor a portion of its full shareof current or future annual distributions of settlement funds instead directed to the countyor counties in which it is located, so long as that county or counties are Participating Local Governments\[s\]. Such an election must be made by January 1 each year to apply to the following fiscal year. If a city is located in more than one county, the city’s funds will be directed based on the MDL Matter’s Opioid Negotiation Class Model. III.Special Revenue Fund A. Creation of special revenue fund. Every Participating Local Government receivingOpioid Settlement Funds through direct distribution shall create a separate special revenue fund, as described below, that is designated for the receipt and expenditure of Opioid Settlement Funds. B.Procedures for special revenue fund. Funds in this special revenue fund shall not be commingled with any other money or funds of the Participating Local Government. The funds in the special revenue fund shall not be used for any loans or pledge of assets, unless the loan or pledge is for an Approved Use. Participating Local Governments may not assign to another entity their rights to receive payments of Opioid Settlement Funds or their responsibilities for funding decisions, except as provided in Section II.L. C.Process for drawing from special revenue funds. 1. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period of time. 2. The budget or resolution must (i) indicate that it is an authorization for expenditures of opioid settlement funds; (ii) state the specific strategy or strategies the county or city intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii) state the amount dedicated to each strategy for a stated period of time. D. Local government grantmaking. Participating Local Governments may make contracts with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds. E. Interest earned on special revenue fund. The funds in the special revenue fund may be invested, consistent with the investment limitations for local governments, and may be 6 51 Jufn!4/ placed in an interest-bearing bank account. Any interest earned on the special revenue funds must be used in a way that is consistent with this MOA. IV.Opioid Remediation Activities A. Limitation on use of funds. This MOA requires that Opioid Settlement Funds be utilized only for future opioid remediation activities, and Parties shall expend Opioid Settlement Funds only for Approved Uses and for expenditures incurred after the effective date of this MOA, unless execution ofthe National Settlement Agreementsrequires a later date. Opioid Settlement Funds cannot be used to pay litigation costs, expenses, or attorney fees arising from the enforcement of legal claims related to the opioid epidemic, except for the portion of Opioid Settlement Funds that comprise the Backstop Fund described in Section VI. For the avoidance of doubt, counsel for Litigating Local Governments may recover litigation costs, expenses, or attorney fees from the common benefit, contingency fee, and cost funds established in the National Settlement Agreements, as well as the Backstop Fund described in Section VI. B.Public health departments as Chief Strategists. For Participating Local Governments that have public health departments, the public health departments shall serve as the lead agency and Chief Strategist to identify, collaborate,and respond to local issues as Local Governments decide how to leverage and disburseOpioid Settlement Funds. In their role as Chief Strategist, public health departments will convene multi-sector meetings and lead efforts that build upon local efforts like Community Health Assessments and Community Health Improvement Plans, while fostering community focused and collaborative evidence-informedapproaches that prevent and address addiction across the areas of public health, human services,and public safety. Chief Strategists should consult with municipalities located within their county in the development of any Community Health Assessment, and are encouraged to collaborate with law enforcement agencies in the county where appropriate. C.Administrative expenses. Reasonable administrative costs for the State or Local Government to administer its allocation of the Opioid Settlement Funds shall not exceed actual costs, 10% of the relevant allocation of the Opioid Settlement Funds, or any administrative expense limitation imposed by the National Settlement Agreements or Bankruptcy Resolution, whichever is less. D. Regions. Two or more Participating Local Governments may at their discretion form a newgroup or utilize an existing group (“Region”) to pool their respective shares of settlement funds and make joint spending decisions. Participating Local Governments may choose to create a Region or utilize an existing Region under a joint exercise of powers under Minn. Stat. § 471.59. E. Consultation and partnerships. 1. Each county receiving Opioid Settlement Funds must consult annually with the municipalities in the county regarding future use of the settlement funds in the 7 52 Jufn!4/ county, including by holding an annual meeting with all municipalities in the county in order to receive input as to proposed uses of the Opioid Settlement Funds and to encourage collaboration between Local Governments both within and beyond the county. These meetings shall be open to the public. 2. Participating Local Governments within the same County Area have a duty to regularly consult with each other to coordinate spending priorities. 3. Participating Local Governments can form partnerships at the local level whereby Participating Local Governments dedicate a portion of their Opioid Settlement Funds to support city- or community-based work with local stakeholders and partners within the Approved Uses. F. Collaboration. The State and Participating Local Governments must collaborate to promote effective use of Opioid Settlement Funds, including through the sharing of expertise, training, and technical assistance. They will also coordinate with trusted partners, including community stakeholders, to collect and share information about successful regional and other high-impact strategies and opioid treatment programs. V.Reporting and Compliance A. Construction of reporting and compliance provisions. Reporting and compliance requirements will be developed and mutually agreed upon by the Parties, utilizing the recommendations provided by the Advisory Panel to the Attorney General on Distribution and Allocation of Opioid Settlement Funds. B.ReportingWorkgroup. The Parties will work together to establish a Reporting Workgroup that includes representatives of the Attorney General’s Office, state stakeholders, and city and county representatives, who will meet on a regular basis to develop reporting and compliance recommendations. The Reporting Workgroup must produce a set of reporting and compliance measures by June 1, 2022. Such reporting and compliance measures will be effective once approved by representatives of the Attorney General’s Office, the Governor’s Office, the Association of Minnesota Counties, and the League of Minnesota Cities that are on the Workgroup. VI.Backstop Fund A. National Attorney Fee Fund. The National Settlement Agreements provide for the payment of all or a portion of the attorney fees and costs owed by Litigating Local Governments to private attorneys specifically retained to file suit in the opioid litigation (“National Attorney Fee Fund”). The Parties acknowledge that the National Settlement Agreements may provide for a portion of the attorney fees of Litigating Local Governments. B.Backstop Fund and Waiver of Contingency Fee. The Parties agree that the Participating Local Governments will create a supplemental attorney fees fund (the “Backstop Fund”) to be used to compensate private attorneys(“Counsel”)for Local Governments that filed opioid lawsuits on or before December 3, 2021(“Litigating Local Governments”). By 8 53 Jufn!4/ 3 dated August 6, 2021, Judge Polster capped all applicable contingent fee agreements order at 15%. Judge Polster’s 15% cap does not limit fees from the National Attorney Fee Fund or from any state backstop fund for attorney fees, but private attorneys for local governments must waive their contingent fee agreements to receive payment from the NationalAttorney Fee Fund. Judge Polster recognized that a state backstop fund can be designed to incentivize private attorneys to waive their right to enforce contingent fee agreements and instead apply to the National Attorney Fee Fund, with the goals of achieving greater subdivision participation and higher ultimate payouts to both states and local governments.Accordingly, in order to seek payment from the Backstop Fund, Counsel must agree to waive their contingency fee agreements relating to these National Settlement Agreements and first apply to the National Attorney Fee Fund. C.Backstop Fund Source. The Backstop Fund will be funded by seven percent (7%) of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), based upon the initial allocation of 25% directly to the State Abatement Fund and 75% directly to Local Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the initial allocation is modified pursuant to Section II.F. above, then the Backstop Fund will be funded by 8.75% of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), based upon the modified allocation of 40% directly to the State Abatement Fund and 60% directly to the Local Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the allocation is modified pursuant to Section II.G. or Section II.H. above, back to an allocation of 25% directly to the State Abatement Fund and 75% directly to Local Abatement Funds, then the Backstop Fund will be funded by 7% of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. D. Backstop Fund Payment Cap. Any attorney fees paid from the Backstop Fund, together with any compensation received from the National Settlement Agreements’ Contingency Fee Fund, shall not exceed 15% of the total gross recovery of the Litigating Local Governments’ share of funds from the National Settlement Agreements. To avoid doubt, in no instance will Counsel receive more than 15% of the amount paid to their respective Litigating Local Government client(s) when taking into account what private attorneys receive from both the Backstop Fund and any fees received from the National Settlement Agreements’ Contingency Fee Fund. E. Requirements to Seek Payment from Backstop Fund. A private attorney may seek payment from the Backstop Fund in the event that funds received by Counsel from the National Settlement Agreements’ Contingency Fee Fund are insufficient to cover the amount that would be due to Counsel under any contingency fee agreement with a Litigating Local Government based on any recovery Litigating Local Governments receive from the National Settlement Agreements. Before seeking any payment from the Backstop Fund, 3 Order, In re: Nat’l Prescription Opiate Litig., Case No. 17-MD-02804, Doc. No. 3814 (N.D. Ohio August 6, 2021). 9 54 Jufn!4/ private attorneys must certify that they first sought fees from the National Settlement Agreements’ Contingency Fee Fund, and must certify that they agreed to acceptthe maximum fees payments awarded to them. Nothing in this Section, or in the terms of this Agreement, shall be construed as a waiver of fees, contractual or otherwise, with respect to fees that may be recovered under a contingency fee agreement or otherwise from other past or future settlements, verdicts, or recoveries related to the opioid litigation. F. Special Master. A special master will administer the Backstop Fund, including overseeing any distribution, evaluating the requests of Counselfor payment, and determining the appropriate amount of any payment from the Backstop Fund. The special master will be selected jointly by the Minnesota Attorney General and the Hennepin County Attorney, and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug; or Hon. Jack Van de North. The special master will be compensated from the Backstop Fund. In the event that a successor special master is needed, the Minnesota Attorney General and the Hennepin County Attorney will jointly select the successor special master from the above-listed individuals. If none of the above-listed individuals is available to serve as the successor special master, then the Minnesota Attorney General and the Hennepin County Attorney will jointly select a successor special master from a list of individuals that is agreed upon between the Minnesota Attorney General, the Hennepin County Attorney, and Counsel. G. Special Master Determinations. The special master will determine the amount and timing of any payment to Counsel from the Backstop Fund. The special master shall make one determination regarding payment of attorney fees to Counsel, which will apply through the term of the recovery from the National Settlement Agreements. In making such determinations, the special master shall consider the amounts that have been or will be received by the private attorney’s firm from the National Settlement Agreements’ Contingency Fee Fund relating to Litigating Local Governments; the contingency fee contracts; the dollar amount of recovery for Counsel’s respective clients who are Litigating Local Governments; the Backstop Fund Payment Cap above; the complexity of the legal issues involved in the opioid litigation; work done to directly benefit the Local Governments within the State of Minnesota; and the principles set forth in the Minnesota Rules of Professional Conduct, including the reasonable and contingency fee principles of Rule 1.5. In the interest of transparency, Counsel shall provide information in their initial fee application about the total amount of fees that Counsel have received or will receive from the National Attorney Fee Fund related to the Litigating Local Governments. H. Special Master Proceedings. Counsel seeking payment from the Backstop Fund may also provide written submissions to the special master, which may include declarations from counsel, summaries relating to the factors described above, and/or attestation regarding total payments awarded or anticipated from the National Settlement Agreements’ Contingency Fee Fund. Private attorneys shall not be required to disclose work product, proprietary or confidential information, including but not limited to detailed billing or lodestar records. To the extent that counsel rely upon written submissions to support their application to the special master, the special master will incorporate said submission or summary into the record. Any proceedings before the special master and documents filed with the special master shall be public, and the special master’s determinations regarding 10 55 Jufn!4/ any payment from the Backstop Funds shall be transparent, public, final, and not appealable. I. Distribution of Any Excess Funds. To the extent the special master determines that the Backstop Fund exceeds the amount necessary for payment to Counsel, the special master shall distribute any excess amount to ParticipatingLocal Governments according to the percentages set forth in Exhibit B. J.Term. The Backstop Fund will be administered for (a) the length of the National Litigation Settlement payments; or (b) until all Counsel for Litigating Local Governments have either (i) received payments equal to the Backstop Fund Payment Cap above or (ii) received the full amount determined by the special master; whichever occurs first. K. No State Funds Toward Attorney Fees. For the avoidance of doubt, no portion of the State Abatement Fund will be used to fund the Backstop Fund or in any other way to fund any Litigating Local Government’s attorney fees and expenses. Any funds that the State receives from the National Settlement Agreements as attorney fees and costs or in lieu of attorney fees and costs, including the Additional Restitution Amounts, will be treated as State Abatement Funds. VII.GeneralTerms A. Scope of agreement. This MOA applies toall settlements under theNational Settlement Agreements with Settling Defendants and the Bankruptcy Resolutionswith Bankruptcy 4 Defendants. The Parties agree to discuss the use, as the Parties may deem appropriate in the future, of the settlement terms set out herein (after any necessary amendments) for resolutions with Opioid Supply Chain Participants not covered by the National Settlement Agreements or a Bankruptcy Resolution. The Parties acknowledge that this MOA does not excuse any requirements placed upon them by the terms of the National Settlement Agreements or any Bankruptcy Resolution, except to the extent those terms allow for a State-Subdivision Agreement to do so. B.When MOA takes effect. 1. This MOA shall become effective at the time a sufficient number of Local Governments have joined the MOA to qualify this MOA as a State-Subdivision Agreement under the National Settlement Agreements or as a Statewide Abatement Agreement under any Bankruptcy Resolution. If this MOA does not thereby qualify as a State-Subdivision Agreement or Statewide Abatement Agreement, this MOA will have no effect. 2. The Parties may conditionally agree to sign on to the MOA through a letter of intent, resolution, or similar written statement, declaration, or pronouncement declaring 4 For the avoidance of doubt, this includes settlements reached with AmerisourceBergen, Cardinal Health, and McKesson, andJanssen, and Bankruptcy Resolutions involving Purdue Pharma L.P., and Mallinckrodt plc. 11 56 Jufn!4/ their intent to sign on to the MOA if the threshold for Party participation in a specific Settlement is achieved. C.Dispute resolution. 1. If any Party believes another Party has violated the terms of this MOA, the alleging Party may seek to enforce the terms of this MOA in Ramsey County District Court, provided the alleging Party first provides notice to the alleged offending Party of the alleged violation and a reasonable opportunity to cure the alleged violation. 2. If a Party believes another Party, Region, or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds has violated any applicable ethics codes or rules, a complaint shall be lodged with the appropriate forum for handling such matters. 3. If a Party believes another Party, Region, or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds violated any Minnesota criminal law, such conduct shall be reported to the appropriate criminal authorities. D. Amendments. The Parties agree to make such amendments as necessary to implement the intent of this MOA. E. Applicable law and venue.Unless otherwise required by the National Settlement Agreements or a Bankruptcy Resolution, this MOA, including any issues related to interpretation or enforcement, is governed by the laws of the State of Minnesota. Any action related to the provisions of this MOA must be adjudicated by the Ramsey County District Court. If any provision of this MOA is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision which can be given effect without the invalid provision. F. Relationshipof this MOA to other agreements and resolutions. All Parties acknowledge and agree that the National Settlement Agreements will require a Participating Local Government to release all its claims against the Settling Defendants to receive direct allocation of Opioid Settlement Funds. All Parties further acknowledge and agree that based on the terms of the National Settlement Agreements, a Participating Local Government may receive funds through this MOA only after complying with all requirements set forth in the National Settlement Agreements to release its claims. This MOA is not a promise from any Party that any National Settlement Agreements or Bankruptcy Resolution will be finalized or executed. G. When MOA is no longer in effect. This MOA is effective until one year after the last date on which any Opioid Settlement Funds are being spent by the Parties pursuant to the National Settlement Agreements and any Bankruptcy Resolution. H. No waiverfor failure to exercise. The failure of a Party to exercise any rights under this MOA will not be deemed to be a waiver of any right or any future rights. 12 57 Jufn!4/ I.No effect on authority of Parties.Nothing in this MOA should be construed to limit the power or authority of the State of Minnesota, the Attorney General, or the Local Governments, except as expressly set forth herein. J.Signing and execution.This MOA may be executed in counterparts, each of which constitutes an original, and all of which constitute one and the same agreement. This MOA may be executed by facsimile or electronic copy in any image format.Each Party represents that all procedures necessary to authorize such Party’s execution of this MOA have been performed and that the person signing for such Party has been authorized to execute the MOA in an official capacity that binds the Party. 13 58 Jufn!4/ This Minnesota Opioids State-Subdivision Memorandum of Agreement is signed this ___day of ____________, ______ by: ____________________________________________ Name and Title: _______________________________ On behalf of: _________________________________ 14 59 Jufn!4/ EXHIBIT A List of Opioid Remediation Uses Settlement fund recipients shall choose from among abatement strategies, including but not limited to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not exclusive, and fund recipients shall have flexibility to modify their abatement approach as needed and as new uses are discovered. PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence- 56 informed programsor strategies that may include, but are not limited to, those that: 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication for Opioid Use Disorder 7 (“MOUD”) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co- occurring SUD/MH conditions. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MOUD, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence- based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5 Use of the terms “evidence-based,” “evidence-informed,” or “best practices” shall not limit the ability of recipients to fund innovative services or those built on culturally specific needs. Rather, recipients are encouraged to support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions. 6 As used in this Exhibit, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. 7 Historically, pharmacological treatment for opioid use disorder was referred to as “Medication- Assisted Treatment” (“MAT”). It has recently been determined that the better term is “Medication for Opioid Use Disorder” (“MOUD”). This Exhibit will use “MOUD” going forward. Use of the term MOUD is not intended to and shall in no way limit abatement programs or strategies now or into the future as new strategies and terminology evolve. 1 5: Jufn!4/ 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support detoxification (detox) and withdrawal management services for people with OUD and any co-occurring SUD/MH conditions, including but not limited to medical detox, referral to treatment, or connections to other services or supports. 8. Provide training on MOUD for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH or mental health conditions. 10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Offer scholarships and supports for certified addiction counselors, licensed alcohol and drug counselors, licensed clinical social workers, licensed mental health counselors, and other mental and behavioral health practitioners or workers, including peer recovery coaches, peer recovery supports, and treatment coordinators, involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, continuing education, licensing fees, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MOUD for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Dissemination of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing. 14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment. 2 61 Jufn!4/ B.SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 3 62 Jufn!4/ 11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including but not limited to new Americans, African Americans, and American Indians. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (“SBIRT”) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MOUD in hospital emergency departments. 6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MOUD, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 4 63 Jufn!4/ 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”); 2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model; 5 64 Jufn!4/ 3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model; 5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence-informed treatment, including MOUD, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions. 4. Provide evidence-informed treatment, including MOUD, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MOUD, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E.ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS, AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID WITHDRAWAL SYNDROME. Address the needs of the perinatal population and caregivers with OUD and any co- occurring SUD/MH conditions, and the needs of their families, including babies with 6 65 Jufn!4/ neonatal opioid withdrawal syndrome (“NOWS”), through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that: 1. Support evidence-based or evidence-informed treatment, including MOUD, recovery services and supports, and prevention services for the perinatal population—or individuals who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to caregivers and families affected by Neonatal Opioid Withdrawal Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Provide training for obstetricians or other healthcare personnel who work with the perinatal population and their families regarding treatment of OUD and any co- occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NOWS babies; expand services for better continuum of care with infant-caregiver dyad; and expand long-term treatment and services for medical monitoring of NOWS babies and their caregivers and families. 5. Provide training to health care providers who work with the perinatal population and caregivers on best practices for compliance with federal requirements that children born with NOWS get referred to appropriate services and receive a plan of safe care. 6. Provide child and family supports for caregivers with OUD and any co-occurring SUD/MH conditions, emphasizing the desire to keep families together. 7. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 8. Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training. 9. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. 7 66 Jufn!4/ PART TWO: PREVENTION F.PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that: 1. Increase the number of prescribers using PDMPs; 2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MOUD referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increasing electronic prescribing to prevent diversion or forgery. 8. Educating dispensers on appropriate opioid dispensing. 8 67 Jufn!4/ G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Funding media campaigns to prevent opioid misuse, including but not limited to focusing on risk factors and early interventions. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Funding community anti-drug coalitions that engage in drug prevention efforts. 6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”). 7. Engaging non-profits and faith-based communities as systems to support prevention. 8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health 9 68 Jufn!4/ workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities providing free naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 10 69 Jufn!4/ 12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions. 13. Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I.FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: 1. Law enforcement expenditures related to the opioid epidemic. 2. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 3. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 11 6: Jufn!4/ 4. Provide resources to staff government oversight and management of opioid abatement programs. 5. Support multidisciplinary collaborative approaches consisting of, but not limited to, public health, public safety, behavioral health, harm reduction, and others at the state, regional, local, nonprofit, and community level to maximize collective impact. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs,etc.). L.RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7). 12 71 Jufn!4/ 7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MOUD and their association with treatment engagement and treatment outcomes. M. POST-MORTEM 1. Toxicology tests for the range of opioids, including synthetic opioids,seen in overdose deaths as well as newly evolving synthetic opioids infiltrating the drug supply. 2. Toxicology method development and method validation for the range of synthetic opioids observed now and in the future, including the cost of installation, maintenance, repairs and training of capital equipment. 3. Autopsies in cases of overdose deaths resulting from opioids and synthetic opioids. 4. Additional storage space/facilities for bodies directly related to opioid or synthetic opioid related deaths. 5. Comprehensive death investigations for individuals where a death is caused by or suspected to have been caused by an opioid or synthetic opioid overdose, whether intentional or accidental (overdose fatality reviews). 6. Indigent burial for unclaimed remains resulting from overdose deaths. 7. Navigation-to-care services for individuals with opioid use disorder who are encountered by the medical examiner’s office as either family and/or social network members of decedents dying of opioid overdose. 8. Epidemiologic data management and reporting to public health and public safety stakeholders regarding opioid overdose fatalities. 13 72 Jufn!4/ EXHIBIT B Local Abatement Funds Allocation Allocation Percentage Subdivision AITKIN COUNTY 0.5760578506020% Andover city 0.1364919450741% ANOKA COUNTY5.0386504680954% Apple Valley city 0.2990817344560% BECKER COUNTY0.6619330684437% BELTRAMI COUNTY 0.7640787092763% BENTON COUNTY 0.6440948102319% BIG STONE COUNTY 0.1194868774775% Blaine city 0.4249516912759% Bloomington city0.4900195550092% BLUE EARTH COUNTY 0.6635420704652% Brooklyn Center city0.1413853902225% Brooklyn Park city 0.2804136234778% BROWN COUNTY0.3325325415732% Burnsville city0.5135361296508% CARLTON COUNTY 0.9839591749060% CARVER COUNTY 1.1452829659572% CASS COUNTY 0.8895681513437% CHIPPEWA COUNTY 0.2092611794436% CHISAGO COUNTY 0.9950193750117% CLAY COUNTY0.9428475281726% CLEARWATER COUNTY 0.1858592042741% COOK COUNTY 0.1074594959729% Coon Rapids city 0.5772642444915% Cottage Grove city 0.2810994719143% COTTONWOOD COUNTY 0.1739065270025% CROW WING COUNTY 1.1394859174804% DAKOTA COUNTY 4.4207140602835% DODGE COUNTY 0.2213963257778% DOUGLAS COUNTY0.6021779472345% Duluth city1.1502115379896% Eagan city0.3657951576014% Eden Prairie city 0.2552171572659% Edina city 0.1973054822135% FARIBAULT COUNTY0.2169409335358% FILLMORE COUNTY 0.2329591105316% FREEBORN COUNTY0.3507169823793% GOODHUE COUNTY 0.5616542387089% 1 73 Jufn!4/ Allocation Percentage Subdivision GRANT COUNTY 0.0764556498477% HENNEPIN COUNTY 19.0624622261821% HOUSTON COUNTY0.3099019273452% HUBBARD COUNTY0.4582368775192% Inver Grove Heights city0.2193400520297% ISANTI COUNTY0.7712992707537% ITASCA COUNTY 1.1406408131328% JACKSON COUNTY 0.1408950443531% KANABEC COUNTY 0.3078966749987% KANDIYOHI COUNTY 0.1581167542252% KITTSON COUNTY 0.0812834506382% KOOCHICHING COUNTY 0.2612581865885% LAC QUI PARLE COUNTY 0.0985665133485% LAKE COUNTY 0.1827750320696% LAKE OF THE WOODS COUNTY0.1123105027592% Lakeville city0.2822249627090% LE SUEUR COUNTY 0.3225703347466% LINCOLN COUNTY 0.1091919983965% LYON COUNTY 0.2935118186364% MAHNOMEN COUNTY 0.1416417687922% Mankato city 0.3698584320930% Maple Grove city 0.1814019046900% Maplewood city 0.1875101678223% MARSHALL COUNTY 0.1296352091057% MARTIN COUNTY 0.2543064014046% MCLEOD COUNTY 0.1247104517575% MEEKER COUNTY 0.3744031515243% MILLE LACS COUNTY 0.9301506695846% Minneapolis city 4.8777618689374% Minnetonka city0.1967231070869% Moorhead city 0.4337377037965% MORRISON COUNTY0.7178981419196% MOWER COUNTY 0.5801769148506% MURRAY COUNTY 0.1348775389165% NICOLLET COUNTY 0.1572381052896% NOBLES COUNTY0.1562005111775% NORMAN COUNTY 0.1087596675165% 0.0575844069340% North St. Paul city OLMSTED COUNTY 1.9236715094724% OTTER TAIL COUNTY 0.8336175418789% PENNINGTON COUNTY 0.3082576394945% PINE COUNTY 0.5671222706703% 2 74 Jufn!4/ Allocation Percentage Subdivision PIPESTONE COUNTY 0.1535154503112% Plymouth city0.1762541472591% POLK COUNTY0.8654291473909% POPE COUNTY0.1870129873102% 0.0214374127881% Proctor city RAMSEY COUNTY7.1081424150498% RED LAKE COUNTY 0.0532649128178% REDWOOD COUNTY 0.2809842366614% RENVILLE COUNTY 0.2706888807449% RICE COUNTY 0.2674764397830% Richfield city 0.2534018444052% Rochester city 0.7363082848763% ROCK COUNTY0.2043437335735% ROSEAU COUNTY 0.2517872793025% Roseville city 0.1721905548771% Savage city 0.1883576635033% SCOTT COUNTY1.3274301645797% Shakopee city 0.2879873611373% SHERBURNE COUNTY 1.2543449471994% SIBLEY COUNTY 0.2393480708456% ST LOUIS COUNTY 4.7407767169807% 0.7330089009029% St. Cloud city St. Louis Park city 0.1476314588229% St. Paul city 3.7475206797569% STEARNS COUNTY2.4158085321227% STEELE COUNTY 0.3969975262520% STEVENS COUNTY0.1439474275223% SWIFT COUNTY0.1344167568499% TODD COUNTY 0.4180909816781% TRAVERSE COUNTY0.0903964133868% WABASHA COUNTY0.3103038996965% WADENA COUNTY 0.2644094336575% WASECA COUNTY0.2857912156338% WASHINGTON COUNTY 3.0852862512586% WATONWAN COUNTY 0.1475626355615% WILKIN COUNTY0.0937962507119% WINONA COUNTY 0.7755267356126% Woodbury city0.4677270171716% WRIGHT COUNTY 1.6985269385427% YELLOW MEDICINE COUNTY 0.1742264836427% 3 75 Jufn!5/ AGENDA REPORT Meeting Date:December 20, 2021 Meeting Type:City Council Submitted By:Korrie Johnson, ActingFinance Director Title Resolution No. 2021-133, ApprovingGifts, Donations and Sponsorships Received Between November 13, 2021and December 10, 2021 Background Each month, the City of Fridley (City) receives various donations and gifts to support City operations, programsand projects. Pursuant to Minnesota Statute § 465.03, the City may accept these donations and gifts for the benefit of residents. For specific donations or gifts, the donor may prescribe certain requirements, such as for a specific activity or department. Consistent with the abovementioned statute, staff prepared Schedule No. 1 (ExhibitA), which outlines the various donations, gifts and/or sponsorships received by the City betweenNovember 13, 2021 and December 10,2021. To accept the same, the Councilmust adopt the attached resolution by a twothird majority vote. Lastly, for each donation, gift or sponsorship, staff ensure it meets an identified need, does not create a quidproquo or longterm maintenance obligation, and the donor received an acknowledgment of their gift through a letter or publication. Financial Impact Recommendation Staff recommend the approval of Resolution No. 2021-133. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2021-133 Exhibit A: Schedule No. 1 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 76 Jufn!5/ Resolution No. 2021-133 Approving Gifts, Donations and Sponsorships for the City of Fridley Whereas, throughout the year the City of Fridley (City) receives various gifts and donations; and Whereas, the City is sincerely grateful for the support it receives from an array of organizations and individuals; and Whereas, without this support, the continuation of different events or programs would be difficult to sustain; and Whereas, the attached schedule (Exhibit A) lists all of the donations and gifts received by various City departments between November 13, 2021 and December 10, 2021; and Whereas, all of the items listed on the attached schedule (Exhibit A) are required to be accepted by the City Council by a two-thirds majority vote; and Whereas, all items have been determined to be donated free of any quid-pro-quo expectation by the donor. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves and accepts the various donations, gifts and sponsorships made between November 13, 2021 and December 10, 2021, attached hereto as Exhibit A. th Passed and adopted by the City Council of the City of Fridley this 20 day of December, 2021. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 77 Jufn!5/ Gifts, Donations, and Sponsorships - City of FridleySchedule No. 1 Donor Name, Amount/ Date ReceivedDepartment or DivisionProgramFund if not anonymousValue 6/11/2021SNCDonation Box Contents Various$40.00270 6/11/2021SNCDonation Box Contents Various$92.00270 6/11/2021SNCDonation Box Contents Various$58.00270 6/22/2021SNCDonation Box Contents Various$160.00270 7/14/2021SNCDonation Box Contents Various$185.00270 7/27/2021SNCDonations from Michael Servetus Unitarian Society ConcertVarious$577.00270 7/27/2021SNCDonation Box Contents Various$45.00270 7/27/2021SNCDonation Box Contents Various$66.00270 8/17/2021SNCDonation Box Contents Various$75.00270 8/27/2021SNCDonation Box Contents Various$159.00270 8/27/2021Public SafetyDonation to Police DepartmentKoral Labs, Inc.$200.00101 9/16/2021SNCDonation from SNC Foundations to Cover Camp ScholarshipsSNC Foundation$2,625.00270 9/17/2021SNCDonation Box Contents Various$80.00270 9/21/2021SNCDonationRasmussen Northeast Bank Foundation$250.00270 9/30/2021SNCDonation Box Contents Various$5.00270 10/8/2021SNCDonation Box Contents Various$60.28270 10/20/2021SNCDonation Box Contents Various$10.00270 9/7/2021ForestryEcological Restoration Volunteer timeMississippi Parks Connection$4,109.76101 9/17/2021SNCDonation Box Contents Various$80.00270 9/18/2021SNCDonation to Cover Summer Camp ScholarshipsSNC Foundation$2,625.00270 9/21/2021SNCDonations from Rasmussen - Northeast Bank FoundationRasmussen-Northeast Bank Foundation$250.00270 10/8/2021SNCDonation Box Contents Various$65.28270 10/8/2021Public SafetyDonation for public safety appreciationLions Club$1,278.00101 10/20/2021SNCDonation Box Contents Various$10.00270 11/16/2021Community DevelopmentLED Light Bulb KitsXcel Energy$4,500.00101 11/16/2021ForestryTreesMississippi Parks Connection$750.00101 11/19/2021Public SafetyDonation to cover cost of gift cards for "Shop With a Cop"Wal-Mart$2,800.00101 11/24/2021SNCDonation Box Contents Various$50.00270 11/24/2021SNCDonationPhilotectian Society$155.00270 11/30/2021SNCDonationKatherine Mroze$120.00270 11/30/2021SNCDonationCarol Brouillard$100.00270 12/10/2021SNCDonationUp North Kettle Corn$100.00270 Year to Date Total$185,434.87 78 Jufn!6/ AGENDA REPORT Meeting Date:December 20, 2021 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Resolution No. 2021-134,Approving Claims for the Period Ending December 15, 2021 Background Attached is Resolution No. 2021-134and the claims report for the period ending December15, 2021. Financial Impact Included in the budget. Recommendation Staff recommend adopting Resolution No. 2021-134. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2021-134 Exhibit A:City Council Claims Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 79 Jufn!6/ Resolution No. 2021-134 Approving Claims for the Period Ending December 15, 2021 Whereas, Minnesota Statute § 412.271 generally requires the City Council to review and approve claims for goods and services prior to the release of payment; and Whereas, a list of such claims for the period ending December 15, 2021, was reviewed by the City Council. Now, therefore, be it resolved, that the City Council of the City of Fridley hereby approves the payment of the claims attached hereto as Exhibit A. th Passed and adopted by the City Council of the City of Fridley this 20 day of December, 2021. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 7: Jufn!6/ 81 Jufn!6/ 82 Jufn!6/ 83 Jufn!6/ 84 Jufn!6/ 85 Jufn!6/ 86 Jufn!6/ 87 Jufn!6/ 88 Jufn!6/ 89 Jufn!6/ 8: Jufn!6/ 91 Jufn!6/ 92 Jufn!6/ 93 Jufn!6/ 94 Jufn!6/ 95 Jufn!6/ 96 Jufn!6/ 97 Jufn!6/ 98 Jufn!6/ 99 Jufn!6/ 9: Jufn!6/ :1 Jufn!6/ :2 Jufn!6/ :3 Jufn!6/ :4 Jufn!6/ :5 Jufn!6/ :6 Jufn!6/ :7 Jufn!6/ :8 Jufn!6/ :9 Jufn!6/ :: Jufn!6/ 211 Jufn!7/ AGENDA REPORT Meeting Date:December 20, 2021 Meeting Type:City Council Submitted By:Walter Wysopal, City Manager Title Resolution No. 2021-124, Receiving Final Report and Recommendations of the Public Finance Advisory Committee for the Park System Improvement Plan Background Beginningin 2019, the Cityof Fridley (City)undertook a community-driven,comprehensive park system purpose was to develop a planning and implementation document that wouldidentifypriorities for park improvements as well asensure a balanced and equitable park system meeting the needs of the community.Through a public engagement process, which included a resident survey, individual park surveys, and a series of community and public meetings, the City further refined the document into a Parks System Improvement Plan (Plan). At its June 14, 2021 meeting, the City Council (Council) provided further direction regarding the Plan, which limited the cost and duration of the Plan to $30 million and 10 years, respectively. As part of the ongoing, community engagement efforts related to the Plan, the Council also created two community taskforces that will examine the financing and scope of the Plan. Pursuant to Resolution No. 2021-55, the Public Financing Committee was responsible for recommending an appropriate financing method(s) to support the cost of the Plan. The Committee met five times in 2021 to deliberate and ultimately make a recommendation to the Council. The Committee recommended a Financial Plan at a cost not exceed $20 million to support Plan implementation over a 10-year period beginning in 2023. The Committee also recommended the Financial Plan include the use of debt, but such debt should not exceed a net amount of $20 million with the balance of the cost supported usingfund balance from applicable funds.The Committee recommends the City issue tax abatement bonds to fund the Plan. At a future Council meeting the Council will be asked to adopt a resolution to schedule a public hearing to discuss the Final Report and Recommendations of the both the Financing Committee and the Refinement Committee. Financial Impact No additional budgetary impact expected to complete this phase of the project. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 212 Jufn!7/ Recommendation Staff recommend approval of Resolution No. 2021-124. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-124 !Exhibit A: Public Finance Committee Final Report and Recommendation Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 213 Jufn!7/ Resolution No. 2021-124 Receiving Final Report and Recommendations of the Public Finance Advisory Committee for the Park System Improvement Plan Whereas, the City of Fridley (City) began a process of understanding the needs and desires of residents for public workshops with residents; and Whereas, Fridley residents expressed an interest in improving City parks by upgrading playgrounds and amenities; and Whereas, pursuant to Resolution No. 2021-51, the Fridley City Council (Council) directed the City Manager to implement a Park System Improvement Plan (Plan) to address the needs and desires of residents and stakeholders; and Whereas, pursuant to resident and stakeholder feedback received through engagement efforts, the Council determined that the project cost for the Plan should not exceed $30 million and 10 years to complete; and Whereas, on June 14, 2021 the Council adopted Resolution No. 2021-55, which directed staff to organize a Public Finance Advisory Committee (Committee) who would recommend financing method(s) for the Plan; and Whereas, through their deliberations, the Committee ultimately recommended a Final Report and Recommendation, attached hereto as Exhibit A, and several ancillary recommendations to support Plan implementation. Now, therefore be it resolved, that the City Council of the City of Fridley hereby receives the Final Report and Recommendations of the Public Finance Advisory Committee for the Park System Improvement Plan. Be it further resolved that a public hearing will be conducted by the City Council of the City of Fridley preceding any recommendation or implementation regarding the Park System Improvement Plan. th Passed and adopted by the City Council of the City of Fridley this 20 day of December, 2021. _______________________________________ Scott J. Lund Mayor Attest: ________________________________________ Melissa Moore City Clerk 214 Jufn!7/ Exhibit A Final Report and Recommendations of the Public Finance Advisory Committee for the Park System Improvement Plan December 13, 2021 1 215 Jufn!7/ Exhibit A Public Finance Advisory Committee Members The City Council appointed the following residents to form a recommendation regarding the appropriate financing method(s) to implement the Park System Improvement Plan: Ron Ackerman Scott Brinkhaus Walter Smith Steve Schmit Rachel Schwankl Alesia Thompson Lee Pao Xiong. A special thanks to Ehlers and Associates, Inc. for preparing additional analysis and exhibits for the consideration of the Public Finance Advisory Committee. Department of Finance 7071 University Avenue Northeast Fridley, MN 55432 FridleyMN.gov 2 216 Jufn!7/ Exhibit A Introduction and Background In 2019, the City of Fridley (City) began a comprehensive park system planning effort known as “Finding Your Fun In Fridley.” After nearly two years of community engagement and more than 1,000 comments from residents and other stakeholders, the City developed the Draft Park System Improvement Plan (Plan). Generally, the Plan envisioned a park system responsive to the shifts in both the demographics and recreation trends of the Fridley community. It also proposed to address significant deferred maintenance and make an approximately $50.8 million investment in park system. Upon review of Plan and following additional feedback from the Fridley community at the Annual Town Hall Meeting, the City Council (Council) resolved to implement it at a cost not to exceed $30 million or a 10-year timeline (Resolution No. 2021-51). These parameters recognized the financial limits of the City and the desire of the community to realize affordable park system improvement as soon as possible. However, even at this reduced cost, the Council also recognized the need to use debt (i.e., borrow money) to accomplish the Plan. On June 28, 2021, the Council appointed two advisory committees, comprised of residents and business owners, to provide additional community input regarding Plan implementation. The refinements group would work to moderate the Plan and its costs, while the Public Finance Advisory Committee (Committee) would recommend the appropriate financing method(s) for the Plan (Appendix A). Both groups operated within the parameter set by the Council. This report outlines the efforts and recommendations of the Committee. Under the Council’s guidance, on a schedule determined by the City Manager and agreed to by the group, the Committee met five times over a three-month period to review the financial options available to the City. Options included the use of debt or similar instruments, the use of City fund balances and potential donation or fundraising programs. Upon the request of the Committee, the City also prepared five different financial plans, two preliminary series of bond issues, identified possible property tax abatement parcels, developed a potential franchise fee program and conducted property tax impact analysis for the various alternatives. As a result, this analysis and their discussions, the Committee formed the recommendations found in the following section. Recommendations Through their deliberations, the Committee ultimately recommended a Financial Plan and several ancillary recommendations to support Plan implementation. These recommendations reflected the consensus of the Committee. Financial Plan The Committee recommended a Financial Plan at a cost not exceed $20 million to support Plan implementation over a 10-year period beginning in 2023. The Committee also recommended the 3 217 Jufn!7/ Exhibit A Financial Plan include the use of debt, but such debt should not exceed a net amount of $20 million with the balance of the cost supported by the use of fund balance from applicable funds. The Minnesota Legislature allows cities to abate all, or a portion of property taxes levied by the City for a given purpose, such as redevelopment. Cities may use tax abatement to issue bonds in order to finance a project. To use tax abatement, the City must identify parcels whose value demonstrates the City’s ability to pay off its debt. The Committee recommends the City issue tax abatement bonds to fund the Plan. The specific parcels to be abated should be reviewed by City Staff and the Housing and Redevelopment Authority (HRA) to avoid as much as possible interruptions to identified redevelopment parcels in the City’s Comprehensive Plan or projects that staff are aware of and that are being presented as private development not identified in the Comprehensive Plan. The use of abatement is not chosen to avoid a referendum. The Committee noted in its debate that the proposed park improvements are modest, make no significant departure from the existing facilities, do not add buildings or plans that have been previously rejected by the community. In short, the plans represent a continuation of an essential service that have received favorable remarks from residents as noted in the recent survey. The Committee felt a significant investment is needed that requires debt financing. The use of abatement bonds is a decision that is reasonably in the discretion and responsibility of the City Council’s authority to use. The Committee also recommended the Council issue each bond series with a term not to exceed 15 years. The following analysis was the basis of the decision but notes that they are not guaranteed. 4 218 Jufn!7/ Exhibit A Other Recommendations During their discussions, the Committee identified several other practices and strategies to support Plan implementation and defray costs for the City. The Committee did not prioritize these recommendations: 1. Encourage the formation of non-profit organization (e.g., Friends of Fridley Parks) to support the park system, similar to the successful Springbrook Nature Center Foundation model. 2. Consider alternative funding mechanisms, including, but not limited to: a. Development of a Payments in Lieu of Taxes (PILT) program to allow exempt parcels an opportunity to support Plan improvements. b. Creation of easy-to-administer donation programs, such as through Fridley Liquor or utility billing system (e.g., “rounding up your bill”). 3. Create an internship program to research, draft and submit grant applications for applicable park system improvements. 4. Hire a civil engineer or project manager to reduce design, engineering and administrative costs associated with certain Plan improvements. 5. Consider regular and ongoing operating budget changes upon completion of Plan improvements to protect the substantial investment made by the City. In the spirit of these recommendations, the Committee also encouraged the City to be entrepreneurial and innovative as it attempts to finance and support the Plan. In addition, the Committee recommend the Fridley Charter Commission consider an amendment to Chapter 7 of the Fridley City Charter that requires a referendum for the City to establish franchise fees. Conclusion The Committee recognized the need for a significant investment in the park system. Through these recommendations, the Committee, in its opinion, balanced the financial impact for property owners with the need to invest in the future of the Fridley community. The Financial Plan, as recommended, also protected the financial position of the City while delivering the Plan on a reasonable timeline. 5 219 Jufn!7/ Appendix A Committee Charter Public Finance Advisory Committee Mission Pursuant to Resolution No. 2021–51 and Resolution No. 2021–55, the City Council (Council) authorized and created a Public Finance Advisory Committee (Committee) of interested residents to advise and recommend to the Council an appropriate financing method(s) to support implementation of the Park System Improvement Plan (Plan). Framework Under the guidance of this mission, the Committee shall: Consist of up to eight residents, interested in the Plan and Park System, and able to attend duly scheduled meetings; Consider and recommend an appropriate financial plan for the Plan, which may not exceed $30 million or a 10–year timeline; Promote further public participation and input in the Plan development process; and Receive facilitation and support from City staff, primarily through the Director of Finance/City Treasurer/City Clerk. Meetings To accomplish both this mission and framework, the Committee shall meet approximately five times to discuss various topics applicable to the public finance of a park system. Additionally, the meetings shall be: Open to the public, with public notice provided at least five calendar days prior to any meeting; Recorded, with meeting agendas, materials and minutes available through the City website; and Held at dates and times convenient for public participation, primarily on Tuesdays on or after 6:00 p.m., depending upon the availability of Committee members, in the Council Chambers. Committee members may also be asked to attend additional meetings as needed (e.g., City Council, Parks and Recreation Commission, Stakeholder Meetings). Role The Committee serves in an advisory capacity to the Council and provides recommendations to further inform Council decisions. However, the Committee does not formally approve or authorize any Plan actions. The Committee shall primarily focus on the financial consideration of the Plan and not otherwise consider Plan elements beyond their financial impact or related strategy. Consistent with the aforementioned resolutions, the Council also created a Plan Refinement Advisory Committee to further evaluate Plan concepts. 21: Jufn!8/ AGENDA REPORT Meeting Date:December 20, 2021 Meeting Type:City Council Submitted By:Scott Hickok, Director of Community Development Stacy Stromberg, Planning Manager Rachel Workin, Environmental Planner Title Resolution No. 2021-127,Approving the Phase 2 Addendum to the Energy Action Plan and a Memorandum of Understanding with Xcel Energy Background In March 2018, the City of Fridley (City) which is a community-driven energy planning process designed to help cities develop energy action plans. Through a series of five workshops, the Energy Action Plan team developed a plan outlining the November 2018 and implemented through a Memorandum of Understanding (Exhibit A) with Xcel Energy that lasted between 2019-mid 2021. During this time, the City was able to provide improved energy programs with support from Xcel. The original Energy Action Plan established the following goals and achieved the listed results by the end of 2020: Goal: 5% reductionin community energy usecompared to the baseline o Results: There was a 7% reduction in electricity consumption and a 7% increase in natural gas consumption, not normalized forweather Goal: 1,200 new residential participants in energy efficiency programs o Results: There were 1,331 new residential participants Goal: 200 new subscribers to renewable energy programs o Results: There were 211 new subscribers by the end of 2020 plus 64 new subscribers during the Wind Up! Challenge in 2021. Additionally, the City participated in a study to optimize well efficiency, hosted two business energy breakfasts, installed an electric vehicle charger, and leased an electric vehicle among other initiatives. Due to the success of the original implementation period, the City and Xcel Energy discussed adding a Phase 2 to the Energy Action Plan with additional implementation support from Xcel Energy to be provided from2022-2023. PiE staff worked with to develop the Phase 2 Addendum and associated MOU for implementation (Exhibit B). The addendum , mission,and goal of 20% community energy reduction by 2030. Many Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 221 Jufn!8/ vehicles. These documents were recommended for approval by the EQEC at their November 8 meeting and the Planning Commission at their December 15 meeting. A full version of the current Energy Action Plan may be found at www.FridleyMN.gov/Energy. Financial Impact In 2017, the average commercial/industrial premise in Fridley spent $27,166 on energy and the average residential premise spent $1,453 on energy, combined all sectors spent $52.8 million. Increased awareness and action toward energy efficiency will help Fridley rate payers decrease their utility bill. Approving Phase 2 of the Energy Action Plan and the MOU with Xcel Energy does not obligate the City to a financial commitment but does allow the City to access in-kind support and expense reimbursement from the Partners in Energy program Recommendation Staff recommends approval of Resolution No. 2021-127. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-127 !Exhibit A: Memorandum of Understanding with Xcel Energy !Exhibit B: Phase 2 Addendum of the Energy Action Plan Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 222 Jufn!8/ Resolution No. 2021-127 Approving the Phase 2 Addendum to the Energy Action Plan and the Associated Memorandum of Understanding with Xcel Energy Whereas, the City of Fridley created an Energy Action Plan through participation in Partners in Energy program that was approved in November 2018; and Whereas, the Energy Action Plan established an energy by example and engaging residents, businesses, and institutions to save money and reduce greenhouse ; and Whereas, the Energy Action Plan outlined goals and which were supported by the Partners in Energy program through a Memorandum of Understanding between 2019-2021; and Whereas, there is a desire to continue working with the Partners in Energy program to advance Whereas, the Environmental Quality and Energy Commission, City staff, and Partners in Energy staff developed a Phase 2 of the Energy Action Plan and a Memorandum of Understanding with Xcel Energy to implement the Plan between 2022-2023. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the Phase 2 addendum to the Energy Action Plan. Be it further resolved, that the City Council of the City of Fridley hereby authorizes the Memorandum of Understand with Xcel Energy to implement the plan between 2022-2023. th Passed and adopted by the City Council of the City of Fridley this 20 day of December, 2021. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 223 ! Jufn!8/ Exhibit A ! ! Memorandum of Understanding 2022-2023 Implementation Extension ! Xbmmz!Xztpqbm-!Djuz!Nbobhfs! ESBGU! 8182!Vojwfstjuz!Bwf! Gsjemfz-!NO!66543! ! Uif!joufou!pg!uijt!Nfnpsboevn!pg!Voefstuboejoh!jt!up!sfdphoj{f!uif!bdijfwfnfou!pg!uif!Djuz!pg! Gsjemfz!jo!dpoujovjoh!up!qsjpsjuj{f!fofshz!fggpsut!jo!uif!djuz/!Uijt!epdvnfou!xjmm!pvumjof!ipx!uif! Djuz!pg!Gsjemfz!boe!Ydfm!Fofshz!xjmm!xpsl!uphfuifs!up!jnqmfnfou!Gsjemfz!31333134!Fofshz! Bdujpo!Qmbo!beefoevn/!! 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Institutions !Jefoujgz!Fofshz!Bdujpo!Qmbo!tusbufhjft!uibu!dpousjcvuf!up!TpmTnbsu!eftjhobujpo!boe! gbdjmjubuf!dpoofdujpo!xjui!TpmTnbsu!ufdiojdbm!bewjtpst!bu!Nfuspqpmjubo!Dpvodjm/! !Tibsf!Fmfdusjd!Wfijdmf!Uppmlju!cftu!qsbdujdft!po!FW.sfbejoftt!mbohvbhf!boe!dpoofdu!Djuz! xjui!puifs!Qbsuofst!jo!Fofshz!dpnnvojujft!xip!ibwf!FW!boe!tpmbs.sfbejoftt!mbohvbhf! jo!djuz!dpef/! !Vqebuf!sftjefoujbm!boe!cvtjoftt0nvmuj.gbnjmz!qsphsbn!nbufsjbmt!up!jodmvef!ofx!jodfoujwf! jogpsnbujpo!podf!bqqspwfe/!! !Tibsf!sftpvsdft!gspn!Qbsuofst!jo!Fofshz!Ofx!Dpotusvdujpo!uppmlju!up!vqebuf! efwfmpqnfou!sfwjfx!qspdftt!xjui!fggjdjfodz-!sfofxbcmf!fofshz!boe!FW!jogpsnbujpo/! !Dsfbuf!ubmljoh!qpjout!gps!Djuz!tubgg!up!vtf!evsjoh!efwfmpqnfou!sfwjfx!boe!tibsf!Ydfm! Fofshz!qsphsbn!jogpsnbujpo!tiffut/! !Dpoofdu!Djuz!xjui!Ydfm!Fofshz!cfodinbsljoh!sftpvsdft!boe!bveju!jogpsnbujpo/!! !Eftjho!ujq!tiffu!po!fofshz!fggjdjfodz!cfibwjpst!gps!Djuz!tubgg/!! !Xsjuf!dbtf!tuvez!ijhimjhiujoh!Djuz!pg!Gsjemfz!fofshz!qspkfdut!vtjoh!qsfwjpvt!Qbsuofst!jo! Fofshz!eftjho/!! Electric Vehicles (EV) !Jodpsqpsbuf!fmfdusjd!wfijdmf!nfttbhjoh!joup!pvusfbdi!dbmfoebs/! !Eftjho!FW!dibshjoh!boe!wfijdmf!jogpsnbujpo!nbufsjbmt-!jodmvejoh!dbtf!tuvez!pg!Djuz!pg! ! !Dpoofdu!Djuz!ufbn!xjui!Ydfm!Fofshz!tubgg!boe!puifs!sftpvsdft!up!iptu!FW.gpdvtfe! pvusfbdi!fwfout-!jodmvejoh!ubcmjoh!nbufsjbmt/!! !Dsfbuf!gmffu!fmfdusjgjdbujpo!difdlmjtu!up!tibsf!xjui!cvtjofttft!po!ipx!up!hfu!tubsufe/!! Project Management !Gbdjmjubuf!sfhvmbs!npouimz!difdl.jo!dbmmt/! !Qspwjef!pwfsbmm!qspkfdu!nbobhfnfou!gps!uif!ufsn!pg!uijt!bhsffnfou/! !Qspwjef!cj.boovbm!jnqmfnfoubujpo!usbdljoh-!ebub!bobmztjt-!boe!sfqpsujoh/! !Dsfbuf!qsftfoubujpo!tmjef!tipx!xjui!jogpsnbujpo!bcpvu!jnqmfnfoubujpo!ijhimjhiut!boe! ebub!gps!Djuz!Dpvodjm!boe!puifs!Djuz!mfbefstijq!gps!nje.qpjou!vqebuf!)Efdfncfs!3133*/! !Iptu!dpogfsfodf!dbmm!efcsjfg!nffujoh!bu!foe!pg!NPV!jnqmfnfoubujpo!)Efdfncfs!3134*/! !Vq!up!%3-311!gps!sfjncvstfe!fyqfotft!sfmbufe!up!qsjoujoh!boe!ejtusjcvujpo!pg!dp.csboefe! nbslfujoh!nbufsjbmt-!wfovf!gfft-!gppe-!boe!puifs!sfmbufe!offet!bttpdjbufe!xjui!pvusfbdi! boe!fevdbujpo/!Ydfm!Fofshz!gvoejoh!xjmm!opu!cf!qspwjefe!gps!uif!qvsdibtf!pg!bmdpipm/! Tvqqpsu!gvoefe!cz!Ydfm!Fofshz!gps!uijt!xpsl!qmbo!jt!opu!up!fydffe!291!ipvst/!Uiftf!ipvst!xjmm! jodmvef!uiptf!qspwjefe!uispvhi!pvs!Qbsuofst!jo!Fofshz!ufbn!gspn!uif!Dfoufs!gps!Fofshz!boe! Fowjsponfou!boe!epft!opu!jodmvef!tvqqpsu!qspwjefe!cz!Ydfm!Fofshz!joufsobm!tubgg/ !3!! ! 225 Jufn!8/ YDFM!FOFSHZ!QBSUOFST!JO!FOFSHZ! Nfnpsboevn!pg!Voefstuboejoh Jnqmfnfoubujpo!Fyufotjpo! The City of Fridley commits to achieving the goals of its 20222023 work plan in the following ways: !Bdijfwjoh!uif!dpotfswbujpo!fofshz!jnqbdut!tipxo!jo!uif!ubcmf!cfmpx/! Electricity Impact Natural Gas Impact (kWh) (Therms) Incremental Participation Goals (20222023): !611!sftjefoujbm!qsphsbn!qbsujdjqbout! 2-633-411!o0b! !61!dpnnfsdjbm0joevtusjbm!qsphsbn!qbsujdjqbout! !311!Xjoetpvsdf!qbsujdjqbout! Continued Savings Based on Historic Activity! 23-364-611!o0b! )31333134*!!!!!!!!!! Total Conservation Goal 13,775,800 n/a ! Uif!Djuz!xjmm!bdijfwf!uiftf!tbwjoht!cz!jnqmfnfoujoh!uif!gpmmpxjoh!tusbufhjft;! Residential Energy !Qspwjef!joqvu!po!3133!boe!3134!pvusfbdi!dbmfoebst-!jodmvejoh!qmboofe!ofxtmfuufs! qvcmjti!ebuft!boe!tpdjbm!nfejb!tdifevmft/!! !Tibsf!vqebufe!nbslfujoh!nbufsjbmt!boe!vqebuf!xfctjuf!xjui!vqebufe!dvssfou!qsphsbn! jogpsnbujpo/! !Jefoujgz!ipvtfipme)t*!up!qbsujdjqbuf!jo!dbtf!tuvez!ijhimjhiujoh!ipnf!fmfdusjgjdbujpo/! !Iptu!sfofxbcmf!fofshz!dibmmfohf-!jodmvejoh!tibsjoh!tpdjbm!nfejb-!qspwjejoh!beesftt!gps! qptudbse!nbjmjoh-!boe!dsfbujoh!xfcqbhf!gps!3133!boe!3134!dbnqbjho/! !Ftubcmjti!qbsuofstijqt!xjui!mpdbm!tfswjdf!qspwjefst!boe!puifs!Djuz!efqbsunfout!up!tibsf! jogpsnbujpo!nbufsjbmt!boe!ejtusjcvuf!Ydfm!Fofshz!sftpvsdft-!tvdi!bt!mjhiujoh! dpotfswbujpo!ljut-!up!tvqqpsu!voefs.sftpvsdfe!ipvtfipmet/! Business & Multi-Family Buildings !Tibsf!vqebufe!nbslfujoh!nbufsjbmt!boe!vqebuf!xfctjuf!xjui!vqebufe!dvssfou!qsphsbn! jogpsnbujpo/! !Jefoujgz!ebuf-!mpdbujpo-!boe!upqjd!gps!fofshz!cvtjoftt!fofshz!csfblgbtut!jo!3133!boe! 3134/!! !Ejtusjcvuf!jowjubujpot!up!cvtjoftt!qbsuofst!boe!Djuz!mfbefstijq!gps!fofshz!csfblgbtut/! !Qspwjef!pwfswjfx!pg!sfoubm!mjdfotjoh!qspdftt!gps!pqqpsuvojuz!up!joufhsbuf!Ipnf!Fofshz! Trvbe!boe!Nvmuj.gbnjmz!Cvjmejoh!Fggjdjfodz!qsphsbn!jogpsnbujpo/!! !Joufhsbuf!ofx!nbufsjbmt!joup!sfoubm!mjdfotjoh!qspdftt/! !Mfwfsbhf!sfdzdmjoh!pvusfbdi!up!qspnpuf!fofshz!fggjdjfodz!boe!sfofxbcmf!fofshz! jogpsnbujpo!gps!pof.po.pof!pvusfbdi!up!nvmuj.gbnjmz!cvjmejoht/!! !4!! ! 226 Jufn!8/ YDFM!FOFSHZ!QBSUOFST!JO!FOFSHZ! Nfnpsboevn!pg!Voefstuboejoh Jnqmfnfoubujpo!Fyufotjpo! Institutions !Dpoofdu!xjui!TpmTnbsu!ufdiojdbm!bewjtpst!bu!Nfuspqpmjubo!Dpvodjm!boe!bqqmz!gps! eftjhobujpo/!! !Sfwjfx!Fmfdusjd!Wfijdmf!Uppmlju!cftu!qsbdujdft!po!FW.sfbejoftt!mbohvbhf/!! !Dpoofdu!xjui!puifs!Qbsuofst!jo!Fofshz!dpnnvojujft!xip!ibwf!FW!boe!tpmbs.sfbejoftt! mbohvbhf!jo!djuz!dpef/! !Dsfbuf!jodfoujwf!jogsbtusvduvsf!up!sfjncvstf!sftjefout!boe!cvtjofttft/!! !Bmmpdbuf!gvoejoh!gps!ofx!cpovt!sfcbuf!jodfoujwf!up!tvqqpsu!sftjefout!boe!cvtjofttft/!! !Sfwjfx!Qbsuofst!jo!Fofshz!Ofx!Dpotusvdujpo!uppmlju!boe!ubmljoh!qpjout!up!qspnpuf! fggjdjfodz-!sfofxbcmf!fofshz!boe!FW!jogpsnbujpo!evsjoh!efwfmpqnfou!sfwjfx!nffujoht/!! !Cfodinbsl!nvojdjqbm!cvjmejoh!fofshz!vtf!boe!tibsf!jogpsnbujpo!qvcmjdmz!po!Djuz! xfctjuf/! !Vtjoh!cfodinbsljoh!ebub-!dsfbuf!cvjmejoh!fofshz!bveju!tdifevmf!boe!dpnqmfuf!mpx. ibohjoh!gsvju!qspkfdut/!!! !Vqebuf!nbjoufobodf!tdifevmft!boe!qvsdibtjoh!qpmjdz!up!qsjpsjuj{f!fofshz!fggjdjfou! frvjqnfou/! !Tibsf!ujq!tiffu!po!fofshz!fggjdjfodz!cfibwjpst!gps!Djuz!tubgg/!! !Tibsf!fofshz!qspkfdu!jogpsnbujpo!boe!rvpuf!gspn!Djuz!tubgg!up!jogpsn!ofx!dbtf!tuvez/! Electric Vehicles (EV) !Jefoujgz!ebuf!boe!mpdbujpo!up!iptu!FW.gpdvtfe!pvusfbdi!fwfou/! !Dpoofdu!xjui!Ydfm!Fofshz!boe!puifs!qbsuofst!up!jefoujgz!wfijdmft!boe!ubcmjoh!sftpvsdft! gps!FW!fwfou/!!! !qfsjfodf!xjui!FW!gmffu!wfijdmft!up!jogpsn!dbtf!tuvez/! !Dppsejobuf!fwfou!xjui!Djuz!tubgg!up!sfwjfx!FW!gmffu!pqqpsuvojujft/!! Project Management !Qbsujdjqbuf!jo!sfhvmbs!npouimz!difdl.jo!dbmmt/! !Qspwjef!Ydfm!Fofshz!bo!pqqpsuvojuz!up!sfwjfx!nbslfujoh!nbufsjbmt!up!bttvsf!bddvsbdz! ps!tfswjdft/! !Tibsf!uif!dpmmbufsbm-!dbnqbjho!qspqptbm-!tvqqpsujoh!xpsl!epdvnfout-!boe! jnqmfnfoubujpo!sftvmut!xjui!uif!qvcmjd/! !Jowjuf!Ydfm!Fofshz!up!dpnnvojuz!fofshz!fwfout!boe!nffujoht!xifo!bqqspqsjbuf/! !Qsftfou!jnqmfnfoubujpo!ijhimjhiut!boe!ebub!up!Djuz!Dpvodjm!boe!puifs!Djuz!mfbefstijq!gps! nje.qpjou!vqebuf!)Efdfncfs!3133*/! !Buufoe!dpogfsfodf!dbmm!efcsjfg!nffujoh!bu!foe!pg!NPV!jnqmfnfoubujpo!)Efdfncfs!3134*/!! !5!! ! 227 Jufn!8/ YDFM!FOFSHZ!QBSUOFST!JO!FOFSHZ! Nfnpsboevn!pg!Voefstuboejoh Jnqmfnfoubujpo!Fyufotjpo! Legal Applicability and Waiver Uijt!jt!b!wpmvoubsz!bhsffnfou!boe!opu!joufoefe!up!cf!mfhbmmz!cjoejoh!gps!fjuifs!qbsuz/!Uijt! Nfnpsboevn!pg!Voefstuboejoh!ibt!op!jnqbdu-!ops!epft!ju!bmufs!ps!npejgz!boz!fyjtujoh! Gsbodijtf!Bhsffnfou!ps!puifs!fyjtujoh!bhsffnfout!cfuxffo!Ydfm!Fofshz!boe!Djuz!pg!Gsjemfz/! Qbsujft!bhsff!uibu!uijt!Nfnpsboevn!pg!Voefstuboejoh!jt!up!nfnpsjbmj{f!uif!joufou!pg!uif!Qbsujft! sfhbsejoh!Qbsuofst!jo!Fofshz!cvu!epft!opu!dsfbuf!b!mfhbm!bhsffnfou!cfuxffo!uif!Qbsujft/!Ju!jt! bhsffe!cz!uif!Qbsujft!uibu!opuijoh!jo!uijt!Nfnpsboevn!pg!Voefstuboejoh!xjmm!cf!effnfe!ps! dpotusvfe!bt!dsfbujoh!b!kpjou!wfouvsf-!usvtu-!qbsuofstijq-!ps!boz!puifs!mfhbm!sfmbujpotijq!bnpoh! uif!Qbsujft/!Uijt!Nfnpsboevn!pg!Voefstuboejoh!jt!gps!uif!cfofgju!pg!uif!Qbsujft!boe!epft!opu! dsfbuf!uijse!qbsuz!sjhiut/!Opuijoh!jo!uijt!Nfnpsboevn!pg!Voefstuboejoh!dpotujuvuft!b!xbjwfs!pg! Djuz!pg!Gsjemfz!psejobodft-!Djuz!pg!Gsjemfz! kvsjtejdujpo/!! Single Points of Contact Bmm!dpnnvojdbujpot!qfsubjojoh!up!uijt!bhsffnfou!tibmm!cf!ejsfdufe!up!Sbdifm!Xpsljo-!po!cfibmg!pg! uif!Djuz!pg!Gsjemfz!boe!Ubnj!Hvoefs{jl-!po!cfibmg!pg!Ydfm!Fofshz/! Ydfm!Fofshz!jt!fydjufe!bcpvu!uijt!pqqpsuvojuz!up!tvqqpsu!uif!Djuz!pg!Gsjemfz!jo!bewbodjoh!uifjs! hpbmt/!Uif!sftpvsdft!pvumjofe!bcpwf!boe!qspwjefe!uispvhi!Qbsuofst!jo!Fofshz!bsf!qspwjefe!bt!b! fggjdjfodz!boe!sfofxbcmf!fofshz!bt!jnqpsubou!sftpvsdft!up!nffu!zpvs!gvuvsf!fofshz!offet/! ! Ydfm!Fofshz!Djuz!pg!Gsjemfz! !! !! Cz;!!!!!!!Cz;!!!!!!! !! !! Ebuf;!!!!!!!Ebuf;!!!!!!! !! ! ! !6!! ! 228 Jufn!8/ ENERGY ACTION PLAN ADDENDUM October 2021 INTRODUCTION Gsjezqsjeft!jutfmg!po!cfjoh!b!tbgf-!wjcsbou-!gsjfoemz- boe!tubcmf!ipnf!gps!gbnjmjft!boe!cvtjofttft<!boe! Energy Vision dsfbufe!bo!Fofshz!Bdujpo!Qmbo!xjui!joqvu!gspn!b!ejwfstf! Gsjefzxjmm!dpoujovf!up!mfbe!cz!fybnqmf! hspvq!pg!dpnnvojuz!tublfipmefst!sfqsftfoujoh! cz!fohbhjoh!sftjefout-!cvtjofttft-!boe! cvtjofttft-!sftjefout-!djuz!hpwfsonfou-!boe!puifs! jotujuvujpot!up!tbwf!npofz!boe!sfevdf! jotujuvujpot/!Uijt! hsffoipvtf!hbt!fnjttjpot!gps!uif! Bdujpo!Qmbo!bepqufe!cz!uif!Djuz! cfofgju!pg!fwfszpof!jo!uif!dpnnvojuz Dpvodjm!jo!Opwfncfs!3129/ Evsjoh!3129qmboojoh!qspdftt-!Gsjemfz!tfu!b!hpbm!up! sfevdf!dpnnvojuz!fofshz!vtf!6&cz!3131!boe!31&cz!3141<boe!jefoujgjfe!gpvs!qsjpsjuz!gpdvt!bsfbt!up! bdijfwjoh!uijt!hpbm;Sftjefoujbm!Fofshz-!Cvtjofttft!boe!Nvmujgbnjmz!Cvjmejoht-!Joujuvujpot-!boe! Usbotqpsubujpo!boe!Fmfdusjd!Wfijdmft/!Uijt!beefoevn!jefoujgjft!ofx!tusbufhjft!boe!ofbs.ufsn!ubshfut!jo! fbdi!gpdvt!bsfb!up!tvqqpsu!Gsjemfz!jo!bdijfwjoh!jut!fofshz!sfevdujpo!hpbmt!uispvhi!b!tfdpoe!qibtf!pg! jnqm Energy Action Plan Impact TjodfbepqujohjutFofshz!Bdujpo!Qmbo!Gsjemfz!ibt!nbefusfnfoepvt!tusjeft!jo!jodsfbtjoh!qbsujdjqbujpo! jo!fofshz!dpotfswbujpo!boe!sfofxbcmf!qsphsbnt/ Energy Reduction Goal Gsjemfz!eje!opu!nffu!jut!hpbm!up!sfevdf!dpnnvojuz!fofshz!vtf!6&!cz!3131/!Czuif!foe!pg!3131-!upubm! fofshz!dpotvnqujpojodsfbtfe!2&!dpnqbsfe!up!cbtfmjof/Dpnnvojuz!fmfdusjdjuz!dpotvnqujpo! efdsfbtfe!cz!8&-!xijmf!dpnnvojuz!obuvsbm!hbt!dpotvnqujpo!jodsfbtfe!cz8&/Uif!jodsfbtf!jo!obuvsbm! hbt!dpotvnqujpo!dbo!cf!buusjcvufe!up!dpmefs!xjoufstjo!312:!boe!3131!bt!dpnqbsfe!up!cbtfmjof!zfbst boeuif!beejujpopg!nboz!ofx!cvjmejoht!jouif!djuz/!Beejujpobmmz-!ju!jt!jnqpsubou!up!opufuibu!uijt!fofshz! dpotvnqujpo!ebub!jt!opu!opsnbmj{fe!gps!xfbuifs-!fdpopnjd!usfoet!boenbslfu!dibohft<boe!DPWJE.2: vojrvfmz!jogmvfodfe!fofshz!vtf!bdsptt!bmm!tfdupst/ 229 Jufn!8/ Participation Goals Bee!2-311!ofx!qsphsbn!qbsujdjqbout!cz!3131!nfbtvsfe!bhbjotu!cvtjoftt!bt!vtvbm!tdfobsjp/ ¯ Bee!311!ofx!Xjoetpvsdftvctdsjcfst!cz!3131!bhbjotu!cbtfmjof/ Qbsujdjqbujpo!jo!Ydfm!Fofshzsftjefoujbmqsphsbnt!jodsfbtfe!esbnbujdbmmzxjui!npsfuibo!2-411! sftjefoujbm!qsfnjtfttbwjoh5/97!njmmjpo!lXiuispvhi!qsphsbn!qbsujdjqbujpo-!xijdi!jt!bqqspyjnbufmz! 2/4&!pg!dpnnvojuz!fmfdusjdjuz!dpotvnqujpo!jo!3131/Qpqvmbs!sftjefoujbm!qsphsbnt!jodmvef!Ipnf!Fofshz! ¯ Trvbe-!sfgsjhfsbups!sfdzdmjoh-!boe!dppmjoh!boe!ifbujoh!fggjdjfodz/! Gsjemfz!bmtp!fydffefe!jut!Xjoetpvsdf!tvctdsjqujpo!hpbmxjui!322!ofx!tvctdsjcfst!kpjojoh!uif!qsphsbn cz!foe!pg!3131upubm!sfofxbcmf!tvctdsjqujpo!qbsujdjqbujpo!up!817!qbsujdjqbout!boe! 41/73!njmmjpo!lXi/ Other Participation Impacts Cvtjofttft!boe!nvmujgbnjmz!cvjmejoht!bmtptufqqfe!vqup!ifmq!GsjemfzUxfouz nvmujgbnjmz!cvjmejoht!sfdfjwfe!fofshz!bevjut!gspn!uif!Nvmuj.gbnjmz!CvjmejohFggjdjfodz!Qsphsbn-! dpnqbsfe!up!{fspwjtjut!cfuxffo!3126!boe!3129/!Dpnnfsdjbmcvjmejoh!pxofstbmtpqbsujdjqbufe!jo!Ydfm! Fofshz!qsphsbnt-xjui!23!Dpnnfsdjbm!Sfgsjhfsbujpo!Fggjdjfodz!bttfttnfout-88!Pof.Tupq!Fggjdjfodz! Tipq!bttfttnfout-!boe!21:!mjhiujoh!fggjdjfodz!vqhsbeft/! 2022-2023WORK PLAN Gpdvtjoh!po!uif!ofyu!uxp!zfbst-!uif!Djuz!pg!Gsjemfz!boe!Fowjsponfoubm!Rvbmjuz!boe!Fofshz!Dpnnjttjpo! )FRFD*!qsjpsjuj{fe!b!ovncfs!pg!tusbufhjft!up!sfevdf!fofshz!dpotvnqujpo-!tvqqpsu!sfofxbcmf!fofshz-! boe!cf!npsf!fofshz!fggjdjfou/!Up!dsfbuf!uiftf!tusbufhjft-!Djuz!tubgg!boe!uif!FRFD!sfwjfxfe!fyjtujoh! Fofshz!Bdujpo!Qmbo!tusbufhjft!boe!312:.3132!jnqmfnfoubujpo!bdujwjujftup!jefoujz!tusbufhjft!up!lffq!ps! vqebuf!boe!boe!csbjotupsnfe!ofx!tusbufhjft/! Goals Gps!uif!qvsqptft!pg!uijt!beefoevn-!Gsjemfz!xjmm!dpoujovf!up!tusjwf!up!sfevdf!fofshz!dpotvnqujpo-! xpsljoh!upxbse!b!31&!sfevdujpo!cz!3141/! Jo!beejujpo-uif!gpmmpxjohofbs.ufsn!ubshfut!xjmmnfbtvsf!tvddftt!pg!uif!31333134!xpslqmbo; Residential;!Bee!ofx!sftjefoujbm!qsphsbn!qbsujdjqbout!cz!3134/ Business & Multifamily Buildings;!Bee!61!ofx!dpnnfsdjbm!boe!joevtusjbm!qsphsbn qbsujdjqbout!cz!3134/ Renewable Energy;!Bee!311!ofx!sfofxbcmf!fofshz!tvctdsjcfst!cz!3134/ Bdijfwjoh!uif!ofbs.ufsn!ubshfut!bcpwf!xjmm!sftvmu!jo!npsf!uibo!3-111sftjefout!boe!cvtjofttft!tbwjoh! fofshz!uispvhi!jodsfbtfe!fofshz!fggjdjfodzboe!npsf!uibo!:11!sftjefout!boe!cvtjofttft!tvqqpsujoh! sfofxbcmf!fofshz!cz!qbsujdjqbujoh!jo!vujmjuz!tvctdsjqujpo!qsphsbnt/! 22: Gsjemfz!Fofshz!Bdujpo!Qmbo!Beefoevn!3 Jufn!8/ Strategies Focus Area: Residential Energy Strategy A: Conduct a community-wide residential marketing campaign. Actions: Vqebuf!fyjtujoh!nbslfujoh!nbufsjbmt!boe!xfctjuf!xjui!dvssfou!qsphsbn!jogpsnbujpo/ Dsfbuf!pvusfbdi!dbmfoebs!gps!fwfout-!ofxtmfuufs!boe!tpdjbm!nfejb!up!qspnpuf!b!dmfbs dbmm!up!bdujpo!xjui!fbdi!tfbtpo/ Dsfbuf!ofx!bqqmjbodf!boe!frvjqnfou!fmfdusjgjdbujpo!nbufsjbmt-!jodmvejoh!dbtf!tuvez!pg sftjefout!xip!ibwf!fmfdusjgjfe!uifjs!ipnf/ Target: Bee!611!ofx!sftjefoujbm!qsphsbn!qbsujdjqbout/ Strategy B: Host a renewable energy challenge. Actions: Vqebuf!fyjtujoh!dibmmfohf!nbufsjbmt!xjui!ofx!jogpsnbujpo-!jodmvejoh!xfctjuf-!qptudbse- boe!tpdjbm!nfejb/ Joufhsbuf!dibmmfohf!joup!Tusbufhz!B pvusfbdi!dbmfoebs!bt!qsjnbsz!nfttbhf!boe!dbmm!up bdujpo/ Target: Iptu!uxp!dibmmfohft!)3133!boe!3134*/ Bee!311!ofx!sfofxbcmf!fofshz!tvctdsjcfst/ Strategy C: Target under-resourced households. Actions; Vqebuf!fyjtujoh!nbslfujoh!nbufsjbmt!boe!xfctjuf!xjui!dvssfou!qsphsbn!jogpsnbujpo/ Jefoujgz!dpnnvojuz!qbsuofst!up!tibsf!sftpvsdft-!jodmvejohuif!Gsjemfz!ISB-mpdbm!gppe tifmwft-!bggpsebcmf!ipvtjoh!qspqfsuz!nbobhfst-!boe!gbjui!pshboj{bujpot/ Target: Tvqqpsu!Tusbufhz!B ubshfu!up!bee!611!ofx!sftjefoujbm!qsphsbn!qbsujdjqbout/ Gpdvt!po!qspnpujoh!Mpx.Jodpnf!Ipnf!Fofshz!Trvbe!boe!Ipnf!Fofshz!Tbwjoht Qsphsbn!qbsujdjqbujpo/ Focus Area: Business & Multi-Family Buildings Strategy D: Conduct a businesses and multifamily building owner marketing campaign. Actions; Vqebuf!fyjtujoh!nbslfujoh!nbufsjbmt!boe!xfctjuf!xjui!dvssfou!qsphsbn!jogpsnbujpo/ Dsfbuf!pvusfbdi!dbmfoebs!gps!fwfout!boe!tpdjbm!nfejb!up!qspnpuf!b!dmfbs!dbmm!up!bdujpo xjui!fbdi!tfbtpo/ Target: Bee!61!ofx!dpnnfsdjbm!boe!joevtusjbm!qsphsbn!qbsujdjqbout/ Strategy E: Host business energy breakfast events. Actions: Jefoujgz!ebuf-!tqfblfst-!boe!iptu.tjuf!gps!csfblgbtu!fwfout-!boe!vqebuf!Tusbufhz!E pvusfbdi!dbmfoebs!xjui!nfttbhf!boe!dbmm!up!bdujpo/ Dipptf!upqjdt!boe!jefoujgz!cvtjofttft!up!jowjuf!up!fwfout/ Dsfbuf!bhfoeb-!tmjeft-!boe!jowjubujpo!ufyu!up!jowjuf!cvtjofttft!up!buufoe!csfblgbtu/ Iptu!csfblgbtut!fwfout/ Target: Iptu!uxp!csfblgbtut!)3133!boe!3134*/ 231 Gsjemfz!Fofshz!Bdujpo!Qmbo!Beefoevn!4 Jufn!8/ Focus Area: Business & Multi-Family Buildings Strategy F:Conduct one-on-one outreach to multi-family buildings to participate in free energy assessments. Actions; Vqebuf!fyjtujoh!nbslfujoh!nbufsjbmt!boe!xfctjuf!xjui!dvssfou!qsphsbn!jogpsnbujpo/ Mfwfsbhf!sfdzdmjoh!pvusfbdi!up!dpoubdu!qspqfsuz!pxofst!boe!nbobhfst/ Bee!qsphsbn!jogpsnbujpo!up!sfoubm!mjdfotjoh!bqqmjdbujpo!boe!xfctjuf/ Target: Tvqqpsu!Tusbufhz!E ubshfu!up!bee!61!ofx!dpnnfsdjbm!boe!joevtusjbm!qsphsbn qbsujdjqbout/ Gpdvt!po!qspnpujoh!Nvmuj.gbnjmz!Cvjmejoh!Fggjdjfodz!Qsphsbn/ Focus Area: Institutions Strategy G: Achieve Sol-Smart designation. Actions; Sfwjfx!TpmTnbsu!eftjhobujpo!dsjufsjb/ Tvcnju!xsjuufo!dpnnjunfou!up!bdijfwjoh!eftjhobujpo/ Mfwfsbhf!gsff!ufdiojdbm!bttjtubodf!gspn!uif!Nfuspqpmjubo!Dpvodjm/ Target: Bdijfwf!TpmTnbsu!Cspo{f!eftjhobujpo!cz!uif!foe!pg!3133/ Strategy H: Add electric vehicle and solar-readinessto City code during recodification process. Actions; Sfwjfx!fmfdusjd!wfijdmf!boe!tpmbs.sfbejoftt!mbohvbhf!gspn!puifs!djuz!dpef/ Dibnqjpo!sfbejoftt!mbohvbhf!evsjoh!sfdpejgjdbujpo!qspdftt/ Target: Jodmvef!fmfdusjd!wfijdmf!boe!tpmbs.sfbejoftt!mbohvbhf!gps!bmm!{pojoh!ejtusjdut/ Strategy I:Create new energy incentives for residents and businesses. Actions; Sfwjfx!fyjtujoh!jodfoujwft!gps!sftjefout!boe!cvtjofttft!up!joufhsbuf!fofshz!bt!bo fmjhjcmf!fyqfotf/ Sfwjfx!dbtf!tuvejft!gspn!puifs!djujft!po!fofshz!jodfoujwft/ Dsfbuf!jodfoujwf!jogsbtusvduvsf!up!sfjncvstf!sftjefout!boe!cvtjofttft/ Bmmpdbuf!gvoejoh!gps!ofx!cpovt!sfcbuf!jodfoujwf!up!tvqqpsu!sftjefout!boe!cvtjofttft/ Target: Bmmpdbuf!gvoejoh!gpsofx!fofshzjodfoujwf!gps!sftjefout!boe!cvtjofttft/ Strategy J: Integrate energy efficiency, renewable energy, and electric vehicle charging into City development review process. Actions; Vqebuf!fyjtujoh!nbufsjbmt!xjui!dvssfou!qsphsbn!jogpsnbujpo!vtfe!evsjoh!efwfmpqnfou sfwjfx!qspdftt/ Dsfbuf!ubmljoh!qpjout!gps!djuz!tubgg!up!vtf!evsjoh!efwfmpqnfou!sfwjfx/ Target: Vqebuf!efwfmpqnfou!sfwjfx!nbufsjbmt!xjui!dvssfou!qsphsbn!jogpsnbujpo/ 232 Gsjemfz!Fofshz!Bdujpo!Qmbo!Beefoevn!5 Jufn!8/ Focus Area: Institutions Strategy I:Demonstrate City leadership in reducing energy use in City facilities. Actions; Cfodinbsl!nvojdjqbm!cvjmejoh!fofshz!vtf/ Dsfbuf!cvjmejoh!fofshz!bveju!tdifevmf!up!qsjpsjuj{f!fofshz!bvejut!jo!ijhi!fofshz!vtf cvjmejoht/ Qsjpsjuj{f!mpx.ibohjoh!gsvju!qspkfdut/ Vqebuf!nbjoufobodf!tdifevmft!boe!qvsdibtjoh!qpmjdz!up!qsjpsjuj{f!fofshz!fggjdjfou frvjqnfou/ Dsfbuf!ujq!tiffu!gps!djuz!tubgg!gps!cftu!qsbdujdft!jo!fofshz!fggjdjfou!cfibwjpst/ Target: Dpnqmfuf!bu!mfbtu!uxp!cvjmejoh!fofshz!bvejut!jo!nvojdjqbm!gbdjmjujft/ Dsfbuf!pof!dbtf!tuvez!gfbuvsjoh!Djuz!pg!Gsjemfz!fofshz!qspkfdut/ FocusArea: Transportation & Electric Vehicles Strategy G: Increase awareness about electric vehicle ownership. Actions; Dsfbuf!fmfdusjd!wfijdmf!jogpsnbujpo!nbufsjbmt/ Joufhsbuf!fmfdusjd!wfijdmf!jogpsnbujpo!joup!Tusbufhz!B pvusfbdi!dbmfoebs/ Qbsuofs!xjui!FW!pshboj{bujpot!boe!efbmfstijqtup!iptu!FWfwfou!xjuiwfijdmft/ Target: Iptu!pof!fmfdusjd!wfijdmf!fwfou/ Strategy H:Educate community fleet electrification. Actions; Dsfbuf!gmffu!fmfdusjgjdbujpo!dbtf!tuvez/ Iptu!fwfou!xjui!djuz!tubgg!bcpvu!cfofgjut!pg!boFW!gmffu/ Target: Iptu!pof!fwfou!xjui!djuz!tubgg/ Dsfbuf!pof!gmffu!dbtf!tuvez/ 233 Gsjemfz!Fofshz!Bdujpo!Qmbo!Beefoevn!6 Jufn!8/ ! Implementation Plan Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Strategy 2022 2022 2022 2022 2023 2023 2023 2023 Lead Support Resources Dpoevdu!b!dpnnvojuz.xjef!sftjefoujbm!.FRFD! Djuz!.Pvusfbdi!nbufsjbmt! X X X X X X X X nbslfujoh!dbnqbjho!.Qbsuofst!jo!Fofshz! .Pvusfbdi!nbufsjbmt! .FRFD! Iptu!b!sfofxbcmf!fofshz!dibmmfohf/!Djuz!.Qbsuofst!jo!Fofshz! X X X X .Qbsuofst!jo!Fofshz! Sfofxbcmf!Fofshz!Uppmlju! .Pvusfbdi!nbufsjbmt! .FRFD! Ubshfu!voefs.sftpvsdfe!ipvtfipmet/!Djuz!.Qbsuofst!jo!Fofshz! X X X X .Qbsuofst!jo!Fofshz! Voefstfswfe!Uppmlju! .Pvusfbdi!nbufsjbmt! Dpoevdu!b!cvtjofttft!boe!nvmujgbnjmz!.FRFD!.Qbsuofst!jo!Fofshz! Djuz! X X X X X X X X cvjmejoh!pxofs!nbslfujoh!dbnqbjho/!!.Qbsuofst!jo!Fofshz!Cvtjoftt!boe!Nvmujgbnjmz! Uppmljut! .FRFD!.Tqfblfst!boe!iptu.tjuf! Iptu!cvtjoftt!fofshz!csfblgbtu!fwfout/!Djuz! X X X X .Qbsuofst!jo!Fofshz!.Gppe! Dpoevdu!pof.po.pof!pvusfbdi!up!nvmuj..Pvusfbdi!nbufsjbmt! .FRFD! gbnjmz!cvjmejoht!up!qbsujdjqbuf!jo!gsff!Djuz!.Qbsuofst!jo!Fofshz! X X X X .Qbsuofst!jo!Fofshz! fofshz!bttfttnfout!Nvmujgbnjmz!Uppmlju! TpmTnbsu!Ufdiojdbm! Bdijfwf!Tpm.Tnbsu!eftjhobujpo/!Djuz!!Bttjtubodf!gspn!Nfu! X X X Dpvodjm! Bee!fmfdusjd!wfijdmf!boe!tpmbs.sfbejoftt!up!Qbsuofst!jo!Fofshz!FW!boe! Djuz!! X X X X X X X Djuz!dpef!evsjoh!sfdpejgjdbujpo!qspdftt/!Sfofxbcmf!Fofshz!Uppmljut! .Dbtf!tuvejft! Dsfbuf!ofx!fofshz!jodfoujwft!gps!.Djuz! !.ISB!gvoejoh! X sftjefout!boe!cvtjofttft/!.ISB! .Vujmjuz!sfcbuf!jogpsnbujpo! Joufhsbuf!fofshz!fggjdjfodz-!sfofxbcmf! Qbsuofst!jo!Fofshz!Ofx! fofshz-!boe!fmfdusjd!wfijdmf!dibshjoh!joup!Djuz!Qbsuofst!jo!Fofshz! X X Dpotusvdujpo!Uppmlju! Djuz!efwfmpqnfou!sfwjfx!qspdftt/! .Dbtf!tuvejft! Efnpotusbuf!Djuz!mfbefstijq!jo!sfevdjoh!.Ydfm!Fofshz!BN! Djuz!.Gvoejoh!gps!fofshz! X X X X X X X X fofshz!vtf!jo!Djuz!gbdjmjujft/!.Qbsuofst!jo!Fofshz! vqhsbeft! .Dbtf!tuvejft! .Qbsuofst!jo!Fofshz!FW! Jodsfbtf!bxbsfoftt!bcpvu!fmfdusjd!wfijdmf!.FRFD! Djuz!Uppmlju! X X X X pxofstijq/!.Qbsuofst!jo!Fofshz! .Esjwf!Fmfdusjd!Xffl! Sftpvsdft! .Dbtf!tuvejft! .Qbsuofst!jo!Fofshz!FW! Fevdbuf!dpnnvojuz!gmffu!fmfdusjgjdbujpo/!!Djuz!Qbsuofst!jo!Fofshz! X X Uppmlju! .Gmffu!Tuvez!Sftvmut! ! 234 Gsjemfz!Fofshz!Bdujpo!Qmbo!Beefoevn!!!!7! Jufn!8/ ! METHODOLOGY FOR MEASURING SUCCESS Bt!qbsu!pg!jnqmfnfoubujpo!tvqqpsu-!Qbsuofst!jo!Fofshz!xjmm!qspwjef!cjboovbm!qsphsftt!sfqpsut!uibu! jodmvef!nfusjdt!pg!tvddftt!boe!pwfsbmm!qsphsftt!upxbse!hpbmt/!Uif!gpmmpxjoh!tfdujpo!efgjoft!ipx! qsphsftt!upxbse!hpbmt!xjmm!cf!nfbtvsfe/!Bmm!hpbmt!xjmm!cf!nfbtvsfe!uispvhi!uif!foe!pg!uif!tubufe!zfbs/! Hpbmt!jodmvef!Ydfm!Fofshz!ebub!pomz!vomftt!tubufe!puifsxjtf/!!! Energy Reduction Goal !Sfevdf!fofshz!vtf!31!qfsdfou!cz!3141-!bt!dpnqbsfe!up!cvtjoftt!bt!vtvbm/!! Uif!dpnnvojuz.xjef!hpbm!xjmm!cf!nfbtvsfe!cz!dpnqbsjoh!bduvbm!fmfdusjdjuz!boe!obuvsbm!hbt! dpotvnqujpo-!nfbtvsfe!jo!NNCuv-!bhbjotu!qspkfdufe!dpnnvojuz.xjef!NNCuv!dpotvnqujpo!cbtfe!po! uif!cvtjoftt!bt!vtvbm!tdfobsjp!npefmfe!jo!uif!Fofshz!Bdujpo!Qmbo/!Ydfm!Fofshz!xjmm!qspwjef!fmfdusjdjuz! dpotvnqujpo!ebub!boe!DfoufsQpjou!Fofshz!xjmm!qspwjef!obuvsbm!hbt!dpotvnqujpo!ebub/!! Uif!fofshz!dpotvnqujpo!qspkfdujpot!jodmvefe!ifsf!bsf!tpvsdfe!gspn!uif!psjhjobm!Fofshz!Bdujpo!Qmbo! cbtfmjof!31263128/!! Ubcmf!2;!Fofshz!Dpotvnqujpo!Qspkfdujpot! Forecasted 2030 Energy Consumption (MMBtu) 4-:43-897! ! Participation Goals !Residential;!Bee!611!ofx!sftjefoujbm!qsphsbn!qbsujdjqbout!cz!3134/!! !Business & Multifamily Buildings;!Bee!61!ofx!dpnnfsdjbm!boe!joevtusjbm!qsphsbn! qbsujdjqbout!cz!3134/! !Renewable Energy;!Bee!311!ofx!sfofxbcmf!fofshz!tvctdsjcfst!cz!3134/!! Sftjefoujbm!! Sftjefoujbm!qsphsbn!qbsujdjqbujpo!bttvnft!bwfsbhf!qbsujdjqbujpo! qsphsbnt!gspn!31263131!xjmm!dpoujovf!jo!zfbst!3132-!3133-!boe!3134!)Ubcmf!3*/!Uijt!hpbm!xjmm! nfbtvsf!qbsujdjqbujpo!jo!zfbst!3133!boe!3134-!boe!jodmvef!bmm!Ydfm!Fofshz!sftjefoujbm!ETN!qsphsbnt/! Uijt!hpbm!xjmm!cf!nfbtvsfe!cz!dpnqbsjoh!bduvbm!qsphsbn!qbsujdjqbujpo!jo!31333134!up!gpsfdbtufe! qbsujdjqbujpo/! Ubcmf!3;!Ydfm!Fofshz!Sftjefoujbm!ETN!Qsphsbn!Qbsujdjqbujpo!3126.3134! Actual Forecasted 2015 2016 2017 2018 2019 2020 2021 2022 2023 Participants 617!547!66:!698!746!:54!723!973!973! ! Cvtjoftt!boe!Nvmujgbnjmz!Cvjmejoht!! Dpnnfsdjbm!boe!joevtusjbm!qsphsbn!qbsujdjqbujpo!bttvnft!bwfsbhf!qbsujdjqbujpo!jo!Ydfm!Fofshz dpnnfsdjbm!boe!joevtusjbm!ETN!qsphsbnt!gspn!31263131!xjmm!dpoujovf!jo!zfbst!3132-!3133-!boe!3134! )Ubcmf!4*/!Uijt!hpbm!xjmm!nfbtvsf!qbsujdjqbujpo!jo!zfbst!3133!boe!3134-!boe!jodmvef!bmm!Ydfm!Fofshz! dpnnfsdjbm!boe!joevtusjbm!ETN!qsphsbnt/!Uijt!hpbm!xjmm!cf!nfbtvsfe!cz!dpnqbsjoh!bduvbm!qsphsbn! qbsujdjqbujpo!jo!31333134!up!gpsfdbtufe!qbsujdjqbujpo/! 235 Gsjemfz!Fofshz!Bdujpo!Qmbo!Beefoevn!!!8! Jufn!8/ ! Ubcmf!4;!Ydfm!Fofshz!Dpnnfsdjbm!boe!Joevtusjbm!ETN!Qsphsbn!Qbsujdjqbujpo!3126.3134! Actual Forecasted 2015 2016 2017 2018 2019 2020 2021 2022 2023 Participants 246!278!291!298!244!277!273!298!298! ! Sfofxbcmf!Fofshz! Sfofxbcmf!fofshz!tvctdsjcfst!bsf! qsphsbnt/!Uijt!hpbm!xjmm!nfbtvsf!qbsujdjqbujpo!jo!cpui!qsphsbnt!boe!cpui!tfdupst!cz!dpnqbsjoh!3131! qbsujdjqbujpo!up!3134!qbsujdjqbujpo/!!! Ubcmf!5;!Ydfm!Fofshz!Sfofxbcmf!Fofshz!Qsphsbn!Qbsujdjqbujpo! Actual Forecasted 2020 2023 Participants 817!:17! ! 236 Gsjemfz!Fofshz!Bdujpo!Qmbo!Beefoevn!!!9! Jufn!9/ AGENDA REPORT Meeting Date:December 20, 2021 Meeting Type:City Council Submitted By:Korrie Johnson, Acting Finance Director Title Resolution No. 2021-130, Certifying the Final Tax Levy Requirements for 2022 to the County of Anoka Background On September 27, 2021, the City Council (Council), pursuant to the City Charter and Minnesota Statutes § 275.065, certified the Proposed 2022Property Tax Levy (Proposed Levy) to the County Auditor (Resolution No. 2021-87). Using the Proposed Levy, the County Auditor mailed parcelspecific notices of proposed property taxes to all property owners for the upcoming year, along with the time and location for the annual TruthinTaxation (TNT) Hearing for the City of Fridley (City). On December 13, 2021, the Council conducted the TNT Hearing for taxes payable in 2022. Pursuant to Minnesota Statutes § 275.07, the Council must also certify a Final Property Tax Levy (Final Levy) to the county auditor on or before five working days after December 20 of each year. As outlined below, the property tax levy supports four separate budget areas. Based on the discussions to date, staff recommend the Council adopt the attached resolution certifying a Final Levy of $17,392,070, or an overall increase of approximately 2.97% or $501,986compared to the previous year. Since the change in the property tax levy for the IT Capital Projects Fundand SNC Fund exceed 5%, the Fridley City Charter § 7.02.1 requires the Council to adopt the attached resolution with Financial Impact Based on the abovementioned property tax changes, staff estimate the property taxes for a residential homestead with a median assessed value of $247,200for 2022(compared to approximately $234,000 for 2021) to increase approximately $37or 3.7%, from $988for 2021to $1,025for 2022. These projections are based on estimated Tax Increment Financing District and Fiscal Disparities figures for property taxes payable in 2022, which may be subject to change. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 237 Jufn!9/ Recommendation Staff recommend approval of Resolution No. 2021-130. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-130 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 238 Jufn!9/ Resolution No. 2021-130 Certifying the Final Tax Levy Requirements for 2022 to the County of Anoka Whereas, the Fridley City Charter § 7.02 grants the City of Fridley (City) the power to raise money by taxation pursuant to the laws of the State of Minnesota; and Whereas, Minnesota Statute § 275.07, subd. 1 requires the City to certify its final tax levy requirements to Anoka County on or before five working days after December 20 in each year. Now therefore, be it resolved, that the City Council of the City of Fridley hereby certifies to the County of Anoka, State of Minnesota, the following final tax levy to be levied in 2021 for collection in the year 2022: General Fund General Fund $ 13,682,908 Capital Project Fund Information Technology Project Fund $ 68,477 Market Value Based Referendum Levy Springbrook Nature Center Fund $ 461,429 Bonded Indebtedness 2017A GO CIP Bonds (Civic Campus) $ 3,179,256 Total All Funds $ 17,392,070 th Passed and adopted by the City Council of the City of Fridley this 20 day of December, 2021. _______________________________________ Scott J. Lund Mayor Attest: __________________________________ Melissa Moore City Clerk 239 Jufn!:/ AGENDA REPORT Meeting Date:December 20, 2021 Meeting Type:City Council Submitted By:Korrie Johnson, Acting Finance Director Title Resolution No. 2021-131, Approving a Budget for the Fiscal Year 2022 and the 2022-2026 Capital Investment Program Background Pursuant to the FridleyCity Charter §§7.04-7.05, the Fridley City Council (Council) shall adopt an annual budget for the General and Special Revenue Funds as well as all funds as identified by the City Manager. Generally, these sections also control the format and adoption process for the budget. On September 27, 2021, the Council adopted the Proposed 2022Budget consistent with these requirements (Resolution No. 2021-88). Additionally, the Council conducted several budget meetings throughout the year. On December 13, 2021, the Council, conducted the required TruthinTaxation (TNT) Meeting, which allowed members of the public to discuss the Proposed 2022Budget, Proposed 20222026Capital Investment Program (CIP) and Proposed 2022Property Tax Levy in advance of final adoption. There were no suggestions or changes as a result of the TNT Meeting. The Proposed 2022 Budget remains structurally balanced and maintains service levels as determined by the Council. The expenditures of the Proposed 2022Budget total approximately $49,439,700, supported by approximately $46,180,900of revenues. Due to this difference, the City will make use of cash and fund balances to support planned capital expenditures. Since the 2022Budget documents are about 169 pages, they are not attached to this memorandum, but will be available for review at the Council Meeting Financial Impact Based on the 2022 budget for all City funds, a planned, negative variance of $3,258,800 across all budgeted funds is reflected. To support these costs, the City plans to make use of a variety of internal funding sources, including but not limited to $2,212,300 from various capital project funds and $953,000 from various enterprise funds. Recommendation Staff recommend approval of Resolution No. 2021-131. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 23: Jufn!:/ Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Resolution No. 2021-131 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 241 Jufn!:/ Resolution No. 2021 - 131 Approving a Budget for the Fiscal Year 2022 and the 2022-2026 Capital Investment Program Whereas, the City Manager presented a Proposed 2022 Budget and Proposed 20222026 Capital Investment Program as stipulated by the Fridley City Charter (Charter) § 7.04 to the Fridley City Council (Council) for their review and consideration; and Whereas, the Proposed 2022 Budget and its associated volumes and appendices provides for an effective and orderly allocation of financial resources; and Whereas, on December 13, 2021, consistent with the Charter § 7.05, the Council has held a public meeting to give interested citizens a reasonable amount of time in which to be heard, and an opportunity to ask questions prior to passage of the final budget; and Whereas, the Council concluded that the 2022 Budget, as proposed, meets the needs of the City and the requirements of the Charter. Now therefore, be it resolved that the City Council of the City of Fridley hereby approves and adopts the 2022 Budget, and 20222026 Capital Investment Program as presented. th Passed and adopted by the City Council of the City of Fridley this 20 day of December, 2021. _______________________________________ Scott J. Lund Mayor Attest: __________________________________ Melissa Moore City Clerk 242