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01-10-12 CM Agenda Packet AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room January 10, 2012 6:30 pm or immediately following the HRA meeting Pages 1. Bottineau Transitway Project Update 2-22 2. Golden Valley Little League Fundraising for Honeywell Field Expansion and 23-24 Naming 3. MnDOT Local Road Improvement Program Application 25-26 4. 2012 Legislative Priorities 27-199 5. Council Assignments 200-202 6. Council Communications 203 7. Conflict of Interest 204 Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. T�ri��ic�rne�t i��ail�ble it��t�rnat�forrr��#�`��n��2;�t�ur r�qu��t.�le��call ' �6�=5�3,-8��{1�Y: �b3�593-��b��tc�mak�a re�uest. �xamp{�s a#alt�rn��fiiarma�s � €�i�y incl�d��rge print,e��ctr�nic,8r�ill�,�c�dit�cas��ft�,etc. �� a!i�i i'! Planning Q '`' � �, e 763-593-8095 l 763-593-8109 (fax) ,� Executive Summary Golden Valley Council/Manager Meeting January 10, 2012 Agenda Item 1. Bottineau Transitway Project Update Prepared By Joe Hogeboom, City Planner Summary Brent Rusco, Professional Engineer with Hennepin County and manager of the Bottineau Transitway Project, will present an update on the corridor study and the Draft Environmental Impact Statement (DEIS) process. Mr. Rusco will brief the City Council on the issues that will be discussed at the upcoming January 23 Bottineau Transitway public meeting. Ultimately, Hennepin County is seeking an official position from the City regarding the Bottineau Transitway Corridor. The County would like comments from the City, in the form of an official resolution, by mid February. The attached Scoping Booklet provides detailed information about the Bottineau Transitway and the current planning process. These booklets will be distributed at the January 23 public meeting. Residents may also obtain the booklets online by visiting www.bottineautransitway.orq (a link is available on the City's web site home page). Hard copies of the booklets are available in the Planning Department. The public is encouraged to make official comment on the Bottineau Transitway Draft Environmental Impact Statement (DEIS) between now and February 17, 2012. Attachments Bottineau Transitway Scoping Booklet (20 pages) ■ co � n oo e . • � - • . . � - , - � , - . . __ __ . , , . ,� . � � fi ��. . a� ,��,r."� � �� ``.r � ,� �`� � �"' + �� d��'�*�:. � . , �. � ,.. . - , 3 q �i4 2 . � �°-� Y �, • f. i � �a 1 b . { ;:� �� ...• � ��.^.. �'�� qkj .. � 1.,* ''� ��v.h� .. ��.`': k p � ,� � '� ' � [s '';' M^ � � r 4 , � � . ,. y *;�� ,� E � �- � � �'+\ 1��'!� • �� ,4 �� i'�i � wr�.s � -�}, "::"_„'�"�'�. �""h� f . d .� yY.', . �,I.,, � Hennepin County Regional Railroad Authority Minnesota WHAT IS THE PURPOSE OF THIS BOOKLEf� The Federal Transit Administration (FfA), the Hennepin County Regional Railroad Authority (HCRRA), and the Metropolitan Council have initiated the environmental review process for the Bottineau Transitway project. Federal funding will be pursued for this project from the FTA. As a result, the FTA�iesignated as the lead federal agency for this project—is required to undertake environmental review in compliance with the National Environmental Policy Act (NEPA). As the local public agency sponsoring the project, HCRRA and Metropolitan Council must also comply with the requirements of the Minnesota Environmental Policy Act (MEPA).The FTA, HCRRA, and Metropolitan Council have determined that the Bottineau Transitway project may have significant environmental impacts.To satisfy both federal and state requirements, a Draft Environmental Impact Statement (Draft EIS) is being prepared for the Bottineau Transitway project.This Scoping Booklet is the first step in the Draft EIS process. This Scoping Booklet provides information about the formal "Scoping" process required under both federal and state environmental review.Within this booklet you will find a description of the Scoping process, information on the contents of the Draft EIS, and information on how you can get involved in the Scoping process.You will have the opportunity to review the Scoping information and offer your comments in person at one of four meetings or in writing during the public comment period (please submit written comments using the form included with this booklet, email, or through the project website. Contact information is provided on page 13). Formal public Scoping meetings are scheduled for the following dates and locations: Scoping Open House#1: Monday,January 23rd 4:30 to 6:30 PM Theodore Wirth Chalet 1301 Theodore Wirth Parkway, Minneapolis Scoping Open House#2: Tuesday,January 24th 6:00 to 8:00 PM Brooklyn Park City Hall 5200 85th Avenue N, Brooklyn Park Scoping Open House#3: Wednesday,January 25th 5:30 to 7:30 PM Urban Research and Outreach/Engagement Center U� ROC) 2001 Plymouth Avenue N, Minneapolis Scoping Open House#4: Tuesday,January 31st 6:00 to 8:00 PM Robbinsdale Cit„y Hall 4100 Lakeview Avenue N, Robbinsdale Scoping Booklet BottineauTransitway TABLE OF CONTENTS Whatisthe Bottineau Transitway?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 What would be built as part of the Bottineau Transitway project? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Why is an Environmental Impact Statement(EIS) necessary? How long will the process take? . . . . . . . . . . . . . . . 2 WhatisScoping? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Why Build the Bottineau Transitway?What benefits will it provide?(Project Purpose and Need) . . . . . . . . . . . . . . 2 What previous studies apply to Scoping? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 What alternatives are being considered? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 How will the alternatives be evaluated? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 How many alternatives will be analyzed in the Draft EIS? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 What is the difference between the alternatives identified at the end of the Scoping process for further study in the Draft EIS and the locally preferred alternative? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Why does an LPA need to be identified before the EIS analysis has been completed?. . . . . . . . . . . . . . . . . . . . . . 11 What types of issues will be covered in the Draft EIS? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 How can i voice my opinion in the process? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 How will my comments be used?Will they make a difference? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 What does the Scoping Decision Document tell us? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 What happens after Scoping?Can I still be involved? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Who is involved locally in the process? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 �� ,. >. . WHAT IS THE BOTTINEAU TRANSITWAY� FIGURE 1:TWIN CITIES REGIONALTRANSITWAYSYSTEM The Bottineau Transitway is a proposed project that N�,��.��„��,e��„�;,��dd will provide for transit improvements in the highly trav- eled northwest area of the Twin Cities.The Bottineau Z Transitway is located in Hennepin County, Minnesota, C as extending approximately 13 miles from downtown "�, Minneapolis to the northwest through north Minne- � N � � apolis and the suburbs of Golden Valley, Robbinsdale, Crystal, New Hope, Brooklyn Park, Maple Grove, and �'C7 Osseo.The transitway is anticipated to serve a broad- R � c� er area to the northwest, including the communities ; of Dayton, Rogers, and Hassan Township. : Proposed Bottineau �i The Bottineau Transitway line would connect North Transitway M��et,��a � � Minneapolis and the region's northwest suburbs with � ° the region's system of transitways that consist of ex- � Green Line 5,.,,�, isting light rail transit on the Blue Line(Hiawatha) and n ° ° n Green Line (Central Corridor and the planned South- G<ee°�.��e o �G� west light rail line), bus rapid transit on the Red Line �� (Cedar Avenue) and Orange Line (I-35W South),the Northstar commuter rail line, and express bus routes. o The transitway investments under study for the Bottin- �� 0 0 eau Transitway would also maintain or enhance local bus service in north Minneapolis and the northwest � p suburbs. " 0 d � � WHAT WOULD BE BUILT AS PART OF THE r � DowntownMinneapolislnset ry �- BOTTINEAU TRANSITWAY PROJECT� r � � l=D � Blue Line iLR7i � � '��: � Gfeen Line ILRT; � ��i � Orange Line IBRn Two types of high-frequencytransit service are being ', � RedLinelBRT1 studied forthe Bottineau Transitwa : bus ra id transit ° ', o TransitStations Y p � � � Nonnsczr Ll�e roo�.,�»�a,��u� (BRT) and light rail transit(LRT). Both of these types � , ', a Re9�o�a�M��t�mo��H�� of transit service would provide fast,frequent and reli- A o , e s able transit service.Trains or buses would run every �„��t�,�„t,��„��„ o 7.5 minutes during peak periods, 10-15 minutes dur- u ing the daytime and evening, and every 30 minutes ,�'- ' '?�;�� ,';� ��r '_��,�"�;_ re,�, � � ;-,- t�„`.�� ,: � , /. . ��.� ��' � ^t,�`','�"`y� � �s,�s , .�. �.�.Y �.. . �`. '�,_:.�� r � i� v °' yj1x:� ---- -- _ :� 1� - ° , ��s, �� 3 . , � ~ '. .-° �� , � , ,:, wr� ��; �� :` �?� � �1� ��r, ' � � . .._ �, � � ! , .a... �� .., , � � � - . � �� — – �. �. ,r, , . �� _ __ - � . � --__. ._..�_.w , • � � � � � '' �N a<, :� �.� .� . w . , :: , . . � � �: � . ,, .�,, � ., .� k . _ . , rr. �,�.,,-�'�' ..�1'/� ... ., a . . , . . � , �.r/ . " "Ulotro Tiansit LRT ve!� 1 Scoping Booklet BottineauTransitway during late night and early morning.To support these Public participation in the Scoping process for the services, a "dedicated guideway" (road or track serv- project is encouraged. Four public meetings will be ing buses or trains only)would be constructed. Bus held to allow for members of the public to learn about or train stations would include shelters, passenger the project and voice their opinions about issues that boarding platforms, and ticket vending machines. should be considered during Scoping.At the Scop- ing meetings it would be most helpful to hear your WHY IS AN ENVIRONMENTAL IMPACT STATEMENT thoughts or concerns about the project's purpose and need,the range of alternatives to be evaluated,the �EIS� NECESSARY� HOW LONG WILL THE evaluation methods to be used, and the potential im- PROCESS TAKE� pacts of the alternatives considered.Your comments may also propose alternatives that may better meet Due to anticipated federal funding for the Bottineau the projecYs purpose and need with fewer adverse Transitway, and the fact that the project may have environmental impacts. significant environmental impacts,the FTA is required to prepare an Environmental Impact Statement(EIS) WHY BUILD THE BOTTINEAU TRANSITWAY? under the National Environmental Policy Act(NEPA). The HCRRA and the Metropolitan Council will also WHAT BENEFITS WILL IT PROVIDE? conduct this review in compliance with the Minnesota �PROJECT PURPOSE AND NEED� Environmental Policy Act(MEPA) and Minnesota Rules Chapter 4410. The purpose of the Bottineau Transitway is to provide transit service which will satisfy the long-term regional The EIS process occurs in three stages - Scoping, mobility and accessibility needs for businesses and Draft EIS and Final EIS - and culminates in a federal the traveling public. Record of Decision under NEPA and a state Determi- nation of Adequacy under MEPA. Each of the three Residents and businesses in the Bottineau Transit- stages includes publication of a document for public way project area need access to the region's activity comment and narrows the number of alternatives, centers to fully participate in the region's economy. with the Final EIS identifying a single Preferred Alter- Access to jobs in Minneapolis, St. Paul,the University native for the project. of Minnesota, and growing suburbs is crucial.Traffic congestion is expected to intensify in the Twin Cities This process typically requires a minimum of 18 Metropolitan Area through 2030 and beyond. Current months, more commonly requiring 24-36 months to transit service in the Bottineau Transitway project complete.See Figure 7 for the anticipated timelines area offers a limited number of travel-time competi- of the Bottineau Transitway Draft EIS. tive alternatives to personal vehicles. Without major transit investments, it will be difficult to effectively WHAT IS SCOPING? meet the transportation needs of people and busi- nesses in the corridor, manage highway traffic conges- Scoping is the process of determining the content of tion in the project area, and achieve the region's goal the Draft EIS.As the first step in the Scoping process, of doubling transit ridership by 2030. interested members of the public, including individu- als and groups, as well as representatives of affected Native American tribes and local,state, and federal governmental agencies, are invited to participate in the evaluation of the Bottineau Transitway's environ- mental impacts.The purpose of Scoping is to confirm the purpose and need for the project, identify appro- priate alternatives that could address project needs, focus on potentially significant issues that should be studied in the Draft EIS, and eliminate issues that are not significant and/or have been addressed by prior studies. BottineauTransitway Scoping Booklet 2 65,000 additional jobs are anticipated by 2030. Five factors contribute to the need for the Large employment concentrations outside downtown Bottineau Transitway project: Minneapolis are located at North Memorial Medical Center in Robbinsdale,the Target North Campus in ■ Growing travel demand Brooklyn Park, and at the Arbor Lakes retail complex ■ Increasing traffic congestion in Maple Grove. ■ People who depend on transit Growth in population and employment in the project ■ Limited transit service to suburban destina- area and beyond is expected to result in increased tions (reverse commute opportunities) and transportation demand.Significant growth in traf- time-efficient transit options fic volumes is anticipated within the project area, ■ Regional objectives for growth particularly in the northern suburbs of Brooklyn Park and Maple Grove, and also just beyond the transitway in Dayton.Traffic volumes are expected to increase in the range of 15 to 20 percent along project area GrowingTravel Demand roadways. Over the past two decades,the population has grown �ncreasingTraffic Congestion significantly in the seven-county Twin Cities Metropoli- tan Area and growth is expected to continue in the Growing travel demand is expected to increase traffic future. Between 2010 and 2030,the Metropolitan congestion on the region's highways and in down- Council projects a 31% increase in the region's popu- town Minneapolis. In the past,the region responded lation and a 32% increase in the number ofjobs— to increased demand by constructing new roadways meaning that approximately 900,000 new people or expanding existing ones. In recent years, however, and 650,000 new jobs would be added to the seven- roadway expansion in the Twin Cities Metropolitan county area that consists of Anoka, Carver, Dakota, Area has not kept pace with mounting travel demand Hennepin, Ramsey, Scott, and Washington counties. and is not anticipated to keep pace in the future, as growth in demand is outpacing funding. Studies at the Between 1990 and 2010, Bottineau Transitway com- state and regional levels have concluded that high- munities such as Brooklyn Park and Maple Grove ex- Way expansion alone is an unsustainable approach perienced population increases of 34%and 59%, re- to managing transportation demand. Instead, state spectively; while communities also potentially served and regional policy outlined in the Statewide Trans- by the transitway such as Dayton, Hassan Township portation Policy Plan and the 2030 Transportation and Rogers, have experienced higher growth rates. In policy Plan recognizes the importance of a balanced coming decades,these communities will experience approach to meeting travel demand that invests in the majority of growth in Hennepin County. Between maintaining the existing transportation system and 2010 and 2030, Hennepin County is projected to favors improvement projects such as the Bottineau grow by 242,000 people. Over the same period, com- Transitway. munities along the Bottineau Transitway are expected to add 140,000 people.This represents nearly 60% people who Depend on Transit of Hennepin County's total projected growth. Maple Grove and several communities to the north and The Bottineau Transitway project area is home to west—Osseo, Dayton, and Rogers—are projected to a large number of people who depend on transit add over 65,000 people alone, outpacing the over- to meet their transportation needs. Based on U.S. all population growth rate for Hennepin County and Census information, 14%of households in the proj- the Twin Cities Metropolitan Area between 2010 and ect area do not own a vehicle.This is nearly double 2030. the metropolitan area average of 8%. In some areas of north Minneapolis,the number of zero-car house- Employment in the Bottineau Transitway project holds exceeds 50%; in areas of New Hope and Brook- area is also expected to increase in coming years. lyn Park,the number exceeds 22%.The high propor- Approximately half of all jobs in the project area are tion of people without access to vehicles underscores located in downtown Minneapolis, which is currently the need for transit access in these parts of the the region's largest travel demand generator; nearly Bottineau Transitway project area. 3 Scoping Booklet BottineauTransitway Seniors also represent an important and growing ■ Accommodate growth in a flexible, connected and market for public transportation. In the project area efficient manner communities of Golden Valley, Robbinsdale, Crystal, ■ Plan and invest in multi-modal transportation and New Hope,seniors make up a larger share of the choices to slow the growth of traffic congestion population compared to the share seniors make up and serve the region's economic needs of the overall regional population. Moreover,senior populations are expected to grow in Bottineau Transit- ' Encourage expanded choices in housing loca- way communities in the next 20 years by as much as tions and types of improved access to jobs and 125% opportunities ■ Conserve, protect and enhance the region's vital Limited Transit Service to Suburban Destinations(reverse natural resources commute opportunities)and Time-EfficientTransit Options WHAT PREVIOUS STUDIES APPLY TO SCOPING? The dominant travel pattern during morning com- Transportation and land use studies along the Bot- mutes in the Bottineau Transitway project area today tineau Corridor began in 1988 with the Hennepin is toward downtown Minneapolis.A"reverse com- County Comprehensive LRT System Plan.The Bot- mute" pattern also exists toward Brooklyn Park, Maple tineau Transitway has consistently been included in Grove, and beyond into Rogers and surrounding com- regional transportation system plans. Many different munities to the north.Workers and students commute alignments (routes)and transportation modes, includ- to major activity centers in the project area,such as ing BRT, LRT, and commuter rail, have been consid- North Memorial Medical Center in Robbinsdale,the ered and evaluated in plans and studies in the past. Target North Campus, North Hennepin Community These studies provide a valuable base of information College, Hennepin Technical College in Brooklyn Park, for this Draft EIS process. and the Arbor Lakes retail complex in Maple Grove. Transit travel demand in the Bottineau Transitway Although communities in the project area are served has been consistently identified in regional transpor- by a network of local and express bus routes,fast tation system plans, including the Regional Transit and convenient transit options to access schools and Board LRT Plan (1990),the Transit 2020 Master Plan jobs in Maple Grove and Brooklyn Park are limited. (2000),the 2025 Transportation Policy Plan (adopted Direct bus service from Minneapolis to suburban com- January 2001, amended January 2002), and the munities in the Bottineau corridor is provided on two 2030 Transportation Policy Plan (adopted December limited-stop and express routes.Accessing this bus 2004). service may require a transfer in downtown, and only a few trips are available each day. However, residents The region's current long-range transportation plan, of Minneapolis and the inner northwest suburbs have the 2030 Transportation Policy Plan (adopted No- other transit options for accessing activity centers in vember 2010) identifies the Bottineau Transitway as the outer suburbs of Maple Grove and Brooklyn Park. one of the transit corridors to be developed by 2030. Three transit centers located within the project area The recommendation for the Bottineau Transitway provide a valuable transfer point from express and is based on findings from the Metropolitan Council's urban local routes to suburban local routes. Unfortu- 2030 Transit MasterStudy(2008). nately,these suburban local routes stop frequently, often require transfers, and travel at lower speeds on Bottineau Transitway Alternatives Analysis Study, arterial streets, resulting in long overall travel times. March 2010 Regional ObjectivesforGrowth The HCRRA, in partnership with the Metropolitan Council, Maple Grove Transit,the Minnesota Depart- The policies guiding the development of the Twin ment of Transportation (MnDOT), and the cities of Cities Metropolitan Area are articulated in the 2030 Minneapolis, Golden Valley, Robbinsdale, Crystal, Regional Development Framework. Most recently New Hope, Brooklyn Park, Maple Grove and Osseo, updated in December 2006,the 2030 Regional recently completed an Alternatives Analysis (AA)study Development Framework established four policies for for the Bottineau Transitway.The Bottineau Transitway guiding growth in the region: AA study evaluated a wide range of transit modes and BottineauTransitway Scoping Booklet 4 FIGURE 2:UNIVERSE OFALTERNATIVES CONSIDERED IN THEAA STUDY _r� ■ Alt 1- BNSF ROW TH 610 Area � �� :evel'oa pment -� 1 � ■ Alt 2 -West Broadway I �` i I `- - - ---- � ■ AIt3 -CPRaiIROW E • � � ,� --- ■ Alt 4-TH 100/I-394 � � sseo Q j � ■ Alt 5 - Bottineau Blvd. j � „ Brooklyn� � B Pa�k 85th.Ave ' Alt 6- Brooklyn Blvd./Osseo Road m � ■ Alt 7 -West Broadway(CSAH 8) C ♦ 3 c F in Crystal,New Hope&Brooklyn Downtown Maple Grove � N Park am ek Ivd _ _ ! Maple A � � ■ Northern Variations Grove ��' ' - A=Elm Creek Blvd. __\ Brooklyn__ _ g=West Broadway ---- — �f-"-� Centerl h � �� - C=85th Ave. 169 � \ - D=Bottineau Blvd. --"-- �J - E=TH 169 � ' Bass•Lake Rd 1 I - F=Zane Ave. � Q ,�, ■ Southern Variations New x -- __ _.,...--`-----..- 2 3 - 1=TH 55 Hope � � 3: � - 2=West Broadway Rock/ord-Rd ;obb�� Sda�e � - 3=Lyndale Ave. Plymouth� 2e 3h �_ - a=BNSF ROW i _--- - ; Crystal 11 2d 2g 31 - b=Plymouth Ave. \� ,� - c=Golden Valley Rd. lir�eaplolis - d/e=Bottineau Bivd. 4 �C' - f=Washington Ave. �. Golden 1 b 2f - g=Lowry Ave. " Valley,� � - h=Emerson/Fremont � - i=I-94 �1a � a � alignments.The study progressively narrowed the the Draft EIS and are the foundation of this Scoping transitway build alternatives from a broad range of process.A copy of this study can be found at alignments for each of the initial modes (the "uni- www.bottineautransitwav.or�. verse of alternatives" in Figure 2)to a set of 21 alter- natives(9 LRT and 12 BRT alignments)to be studied in more detail. These alternatives were evaluated against a set of defined goals and criteria, with three LRT alterna- tives emerging as the "most promising."Additional investigation revealed interest in continued evaluation of a fourth LRT alternative. The most promising BRT alternative is also being evaluated (see Figure 3).The results of the AA study are the starting point for 5 Scoping Booklet BottineauTransitway WHAT ALTERNATIVES ARE BEING CONSIDERED? for more detailed study in the Draft EIS consist of the north (Alignments A and B)and south alignment The Draft EIS will evaluate a No-Build alternative, an alternatives (Alignments D1 and D2) connected by the Enhanced Bus/Transportation System Management central alignment C. (TSM) alternative, and several Build alternatives.The Build alternatives being considered for further study ' A-C-D1 in the Draft EIS (four LRT and one BRT) are the most ■ A-C-D2 promising alternatives identified during the AA study. ■ g_C-D1 No-Build Alternative ■ B-C-D2 Northern variations(alignments): The No-Build alternative serves as the baseline against which environmental effects of the Bottineau At the north end of the corridor,there are two align- Transitway alternatives are measured. ment options: The No-Build alternative is defined as the existing ■ Alignment A originates in Maple Grove at Hemlock transportation system, plus any committed transpor- Lane/Arbor Lakes Parkway, and follows the future tation improvements in the region. Committed trans- Arbor Lakes Parkway and Elm Creek Boulevard to portation improvements include roadway and transit the BNSF railroad corridor located on the west side facility and service improvements(not including the of Bottineau Boulevard. Bottineau Transitway) planned, programmed, and ■ Alignment B begins at the Target North Campus included in the TPP to be implemented by the year (located just north of Highway 610),follows West 2030. Major regional transit projects (shown in Figure groadway Avenue, and crosses Bottineau Boule- 1) are included in the No-Build alternative. vard at 73rd Avenue to enter the BNSF railroad corridor. Enhanced Bus/Transportation Systems Management (fSM)Alternative Center segment: The TSM alternative is defined as enhancements and Both the A and B alignments would transition to the upgrades to the existing transportation system in the C alignment in the BNSF railroad corridor on the west project corridor, attempting to meet the project's pur- side of Bottineau Boulevard through southern Brook- pose and need as much as possible without a major lyn Park, Crystal, and Robbinsdale. capital investment.The TSM alternative could include Southern variations(alignments): bus route restructuring, scheduling improvements, new express and limited-stop services, intersection There are two alignments under consideration for the improvements, and/or other focused infrastructure transitway south of 36th Avenue in Robbinsdale and improvements that would improve the function of the into downtown Minneapolis: transit system.The specific combination of improve- ments to be incorporated into the TSM alternative will ' Alignment D1 continues along the BNSF railroad be developed during the Draft EIS process. corridor to Olson Memorial Highway, and then fol- lows Olson Memorial Highway to downtown. In addition to the No-Build and TSM alternatives,the ■ Alignment D2 exits the railroad corridor near 34th following Build alternatives are proposed for inclusion Avenue,joins West Broadway Avenue, and travels in the Draft EIS: on Penn Avenue to Olson Memorial Highway and into downtown. Light Rail Transit(LR�Alternatives LRT alternatives proposed for study include several stations between downtown Minneapolis and the Ma- ple Grove/Brooklyn Park area. Each LRT alternative would include tracks, stations, and support facilities, as well as transit service for LRT and connecting bus routes.The four LRT alternatives under consideration BottineauTransitway Scoping Booklet 6 FIGURE 3:BUILD ALTERNATIVES PROPOSED FOR STUDY IN THE DRAF7 EIS �:; _ �°�i�-< �o� _ � � „ os � _ ��e � �,�.p Alignment and station alternatives � e ��J b A(Maple Grove) J j B(Brooklyn Park) ,��aP �. ' °� . (} C(common segment) ..�x. � � b D1 (BNSF Railway-Olson Highway) Osseo ; � cOe erooklyn '} D2(West Broadway-Penn Avenue) ' e rP� Purk � D1-D2(common segment) Maple t�'� Grove � J'a�� \ � ,' OJ�e � ._-- � � � ��` '� i �°�e e ��o � �! ��ac �'a� �er �f at� c ' � ,�ar �.l.e° _ _- ------, i e �e°J ♦ , !�dley p c.a �� ce o 0 2 o `P �e z ' �° J� aP � ` ec b'�� ; �P Brooklyn 0 ,�'�5 � Cenier �� oa , 0 � _ �169 a`�-e ! � � i a55 ,\ ��r� � � \ ' � ' � __..� ', � � ;Columb ! ' � Height j i , � a�� .. �I E. ; NewHope Crystal , 9a �j �, ��O }._ � � • �i __. �o � � �' � �w� Robbinsdale ,�a� Plymouth I �_ �o� t � � , �� l______ _---� ��,r BRT ALIGNMENT IN a� ---- _ c '� DOWNTOWN MINNEAPOLIS ec i ,a��Q Minneapolis / th/ nepin � a`� ., � a �, ___, �t° Je � � i �y0 Marque th � Q, � � �� 2nd Ave/Sth �a��a i J�'� yd �o �oa �o �A� Mar uette/7th 9 ,d Ave/7 h�dr`d Ja``e� Q�� r`�e ��tra � Marquette/9th JpC Q,� 2nd Ave/9th � � � ��' � J�`` 'S'o J,(��`, Marquette/11 th J�C {��,�,�� orhQ 2nd Ave/11th " Q' �R'( U �'Q o at c.z T o.�'I\I�f� LeamingronRamp Q�cc 5°°�„�es� 0 BRTroutinf9 7 Scoping Booklet BottineauTransitw�y Bus Rapid Transit(BR�Alternative Alignment Refinements The BRT alternative would include a busway in its Several refinements to alignments have been and/or own dedicated space (guideway) with several stations will continue to be considered during Scoping: between downtown Minneapolis and the Brooklyn ■ Alignment B:Since completing the AA study,the Park area on an alignment following Olson Memo- HCRRA has been working with the City of Brooklyn rial Highway and the Burlington-Northern Santa Fe Park and Target planners regarding alignments (BNSF) railroad corridor(alignment B-C-D1,as shown that integrate with master planning activities oc- in Figure 3).This alternative would include all facili- curring on the Target North Campus. Coordination ties associated with the construction and operation of Will continue on refinements to the northern end of BRT, including right-of-way,travel lanes,stations, and Alignment B near the Target North Campus.A final support facilities, as well as transit service for BRT decision on this refinement is expected during the and connecting bus routes. For the Bottineau Transit- Sco in rocess. way,the BRT alternative is the highest quality invest- p g p ment and includes a dedicated guideway for BRT use ' D2 Penn Avenue options:Several options (A, B only, high-amenity stations and speed, reliability, and and C)for the D2 alignment were considered for frequency similar to LRT. the segment between West Broadway Avenue and Olson Memorial Highway that included Penn and/ or Oliver Avenues(see Figure 4).The Bottineau Transitway Policy Advisory Committee decided on November 14, 2011 to continue study of Option C (all vehicle and LRT traffic on Penn Avenue) FIGURE 4:SEGMENT D2 ALIGNMENT OPTIONS �NB Traffic �SB Traffic LRT ,.. .. � �� =� � m � � I ,r�. , �y,. � ��,`�^� '"'� wµ ...,. ,. .._ `,....: . . �oo... - ` o....,r.,�„ _ ` P a 0 c � � y � ° m . a o Q v Q . c c . ° . ._, a a' d y .. ...,,., . . a . . . y ,... � ) . ..�......w O ` � . ; . � ...r.� � � ; • . �.�w,.,,;�.,:. ,. D2 Option A places LRT and southbound D2 Option B places LRT on Oliver Avenue D2 Option C widens Penn Avenue to allow tratfic on Penn Avenue,moving north- removing all traffic from that street,leaving LRT as well as north-and southbound bound traffic to Oliver Avenue. both north and southbound traffic on tra�c to operate on Penn Avenue. Penn Avenue. BottineauTransitway Scoping Booklet 8 ■ D1 station locations:The Theodore Wirth Park HOW WILL THE ALTERNATIVES BE EVALUATED? Master Planning effort has suggested consider- ation of moving the Golden Valley Station from Building off the goals and objectives developed dur- Golden Valley Road to Plymouth Avenue, po- ing the AA study,the following goals and objectives tentially providing better access to surrounding have been developed to serve as a framework to first residential areas and park facilities. This option is develop and then evaluate the alternatives under currently under study(see Figure 5). consideration for the Bottineau Transitway. For an ■ D2 Robbinsdale options:Additionally, coordina- alternative to be advanced for further study,the basic tion has taken place with the City of Robbinsdale purpose and need of the Bottineau Transitway must regarding the D2 alignment near the Terrace be met. This means that any alternative advanced for Mall and North Memorial Medical Center at 34th further study must meet Goals 1 through 3 (outlined Avenue.At this time, the City of Robbinsdale has below). Goals 4 and 5 reflect sustainability goals of recommended the 34th Avenue option for further corridor communities, and will be considered in the study because it minimizes disruption to North evaluation of alternatives that meet the basic purpose Memorial Medical Center, minimizes impacts to and need of the project. streets and traffic, and provides the highest poten- tial for transit-oriented development. Goals Directly Addressingthe Primary Project Needs Goal 1: Enhance regional access to activity centers FIGURE 5: POTENTIAL SEGMENT D1 STATION LOCATIONS throughout the Twin Cities via connections to the emerging transitway system and the greater regional ° transit system. '+. �� . . . Goal 2: Enhance the effectiveness of transit service within the Bottineau Transitway project area by con- tj�.�',' necting key activity centers and providing access to �+``o� � • jobs, schools, housing, health care, parks, shopping, �,.a Sa • ... and entertainment. Goal 3: Develop the Bottineau Transitway as an ` F . integral component of a cost-effective and financially � � feasible transit system. 1 Secondary Goals Addressing Community Sustainability �� Goal 4: Promote sustainable development patterns �e��o o for the long-term viability of Bottineau Transitway com- ��Q'�e�` munities and the Twin Cities Metropolitan Area. � Goal 5:Support healthy communities and sound envi- _� '. ronmental practices alongthe Bottineau Corridor. ,:� �"` HOW MANY ALTERNATIVES WILL BE ANALYZED IN THE DRA� EIS? The Draft EIS will review a range of alternatives that best meet the project purpose and need, are most technically and financiallyfeasible, and avoid signifi- cant environmental impacts that cannot be easily mitigated.Typically, between two and five alternatives are analyzed in addition to the No-Build alternative. It is expected that some of the alternatives entering 9 Scoping Booklet BottineauTransitway Scoping will be eliminated from further study based pursue federal funding. Based on input and techni- on agency and public input. cal analysis completed during the Scoping process, the HCRRA and the corridor cities will make an LPA As illustrated in Figure 6, as the alternatives are re- recommendation to the Metropolitan Council. The fined and advanced through the NEPA/MEPA process, Metropolitan Council will then consider amending the the definition of the project and the analysis complet- region's long-range transportation plan, called the ed becomes more refined and defined. Transportation Policy Plan (TPP),to identify the Bot- tineau Transitway LPA. WHAT IS THE DIFFERENCE BETWEEN THE The LPA selection process does not replace or over- ALTERNATIVES IDENTIFIED AT THE END OF THE ride the requirement to fully examine alternatives and SCOPING PROCESS FOR FURTHER STUDY IN determine the adverse impacts that must be avoided or mitigated under the federal and state environmen- THE DRAFf EIS AND THE LOCALLY PREFERRED tal review process. While there is a provision in the ALTERNATIVE? federal environmental review process to identify an LPA in the Draft EIS,the LPA identification and inclu- The locally preferred alternative (LPA)will be one of sion in the region's long-range transportation plan the alternatives identified and studied in the Draft does not dictate that the LPA be the only"Build Alter- EIS.The identification of an LPA is a critical step to native"studied in the Draft EIS. FIGURE 6:ALTERNATIVES SELECTION PROCESS Alternatives Decisions Level of Detail Alternatives Analysis Study Alternatives Analysis Afternative(s)meets purpose and need Tier 1 ❑ � Initial concepts • Initial evaluation (Alternatives Analysis) No Yes End Study* • Refine purpose and need Scoping • Refine goals and objectives Scoping Alternative(s)best meets • Refined concepts refined purpose and need/ • Refined evaluation refined goals and objectives Tier 2 (Scoping) No Yes End Study* EIS � ,s,. , , , EIS Locally Preferred Alternative Tier 3 ■ • Final concepts (EIS) • Comprehensive evaluation No Yes End Study* FEIS/ROD w. Preferred�Alternative *End Study refers specifically to Altemative(s). �Y��"'�°�"' BottineauTransitway Scoping Booklet 10 WHY DOES AN LPA NEED TO BE IDENTIFIED Other potential impacts to be addressed in the Draft EIS include: BEFORE THE EIS ANALYSIS HAS BEEN COMPLEfED� ■ Land use and zoning The identification of an LPA is a critical step to pursue federal funding.The selection of an LPA for the Bot- ' Consistency with local plans tineau Transitway marks the end of the Alternatives ■ Right-of-way impacts Analysis phase. Concluding the AA process allows the ■ Economic development and redevelopment project to pursue federal funding.The public input received during Scoping along with the analysis con- ' Visual and aesthetics ducted during the Scoping process will inform the LPA ■ Transportation (including transit, roads and high- decision-making. ways, railroads and pedestrian/bicycle facilities) ■ Safety and security WHAT TYPES OF ISSUES WILL BE COVERED IN THE ■ Hazardous material/contamination DRa�r EIS? ■ Soils and geologic resources The Draft EIS provides an opportunity for the public ' Utilities and agencies to disclose and explore anticipated ■ Energy project impacts.The Draft EIS will evaluate existing ■ Secondary and cumulative effects conditions and the significant potential impacts of the No-Build, TSM and Build alternatives on the environ- During the EIS process, refined capital cost estimates ment. Environmental effects to be analyzed in the Will also be prepared, along with operating and main- Draft EIS will include: tenance cost estimates, and ridership forecasts. ■ Neighborhood and community resources: Effects The schedule for the Draft EIS is Shown in Figure 7. on neighborhoods, social groups, community facili- ties, and community cohesion in the project area. ■ Environmental justice: Effects of the proposed al- ternatives on minority and low-income populations and communities. ■ Noise and vibration: Effects on noise and vibra- tion on sensitive properties. ■ Historic and cultural resources(Section 106 pro- cess): Effects on historic and cultural resources that include historic districts, buildings, structures, and other objects included in, or eligible for inclu- sion in the National Register of Historic Places. ■ Parks and public land (Section 4(f)and 6(f)): Ef- fects on publicly owned parks and recreation lands within the project area. ■ Water resources,wetlands, and habitat: Ef- fects on water resources, including surface water resources, water quality, wetlands,floodplains, critical areas, and groundwater. It also considers effects on ecosystems and protected plant and animal species. ■ Air quality and climate change: Effects on climate change and regional air quality. 11 Scoping Booklet BottineauTransitway FIGURE 7:EIS SCHEDULEAND MILESTONES Seleotlon of Afternatives to be Evaluated In Draft EIS ��€� -��- �� 3` � � � � � � Finai EIS Notice of intentantl Scoping Scoping Draft EIS Draft EIS Draft EIS and Notice in EQB Monitor Comment Period Decision Document Preparation Distributed Public Hearings and Local Media and Public ApNI 2012 May-D�c 2012 Lat�2012/ Comment Period Outlets/Scoping Meetings Earry 2013 Early 2013 Booklet Distributed D�c 2011- Dec 2011 Feb 2012 O �'k,�3a,% 4,,`k-�.,�, / Fis'y ' ��,�, `��, `''-_`_ .',/ ,\/. �� `.-J j r �� • :. � �� , ' ._ ' �� v �' . i , � �..` • � � ,�. ` � , � . . , �.,..{h .�.� ..:. t2 ' . �•° ,,, . r • : � sg' � �I �., .. ... . . , f.'�� , ' . + ` ;€ -� ' x. ..w...,� -��y � I��f�,. ^ � q ..�£ �. '�'� 't _ i}„ '�' , _� s _�...,,,,�. j � � ' .. s l >- _- -, . s ,.� �s y 1.,, �'� ,3��-.�"�,.'"�"i�^_ '"�". �r R ,� � , f t:: �,. . , _ ,. � - . . _ - �.f ,��. ,'`s�y;"u�.-. ,�e, . ...�*G `.,,: f i ., • � s . r , � ,_-. , ��a �� K � .-L ` .�h � '�^i. � �'i�• r. � =� w i .p` ` -� " ` ,.9[►:. �` �rt : r` �' p � `� � "� * � � ` E'�1 "f" � � �` �- ,1 n.�i " - �� • � � _ � � ,r;. ' .,' - �t � �� s � � ^� � "'� � ,. . .,r� Y _ �r� r }�w ' ,'�'" �� ►.' ��a.� �rw:,� . � " .� ` f � � , � _ � �,-�, ,, ',►'� � fi.:�s ,y. r +r �,&:M . -��",�M� �. �� . ... . �,. ��.,� �r�`�, r o � 4 'r� � �,. � "' .� � ' ^ � � � �� .-r°s" �'„� ;�� '' c+' �, �. �'�'i . - .. �, `�%' � . , � tr� �'�„,»�, �"'�'&�,. ,� 4�{ m , =�� , � ,�� ., . . . _ �,, ��w ��n �r _ � . ��, m�� BottineauTransitway Scoping Booklet 12 HOW CAN � VOICE MY OPINION IN THE PROCESS? You can submit comments in writing, by U.S. mail, e-mail, or fax,to: Anyone interested in the Bottineau Transitway project is encouraged to take part in the Scoping process. grent Rusco Project planners are especially interested in your gottineau Transitway Project Manager input on: Hennepin County ■ Purpose and need for the project 701 Fourth Avenue South, Suite 400 Minneapolis, MN 55415 ■ The alternatives proposed for study ■ Project impacts or benefits that should be Phone: 612.543.0579 evaluated Email: brent.rusco@co.hennepin.mn.us Fax: 612.348.9710 There are several ways for you to participate and for your voice to be heard. You can attend a meeting to learn more about the For your convenience, a public comment sheet is in- Scoping process and to share your thoughts about the cluded with this booklet. Comments may also be sub- project. mitted directly via the Bottineau Transitway website, www.bottineautransitway.or�. Formal public Scoping meetings are scheduled for the following dates and locations: The scoping period closes on February 17, 2012.All comments must be received by that date. Scoping Open House#1: Government agencies will be invited to a separate Monday,January 23rd interagency Scoping meeting to be held as follows: 4:30 to 6:30 PM Theodore Wirth Chalet interagency Meeting: 1301 Theodore Wirth Parkway, Minneapolis Date: Thursday,January 19 Time: 9:00 to 11:00 AM Scoping Open House#2: Tuesday,January 24th Auxiliary aides,services and communication materi- 6:00 to 8:00 PM als in accessible formats and languages other than Brooklyn Park City Hall English can be provided if notice is given at least 5200 85th Avenue N, Brooklyn Park 14 calendar days before the meeting by contacting Brent Rusco at the address,telephone number, or e- Scoping Open House#3: mail address above. Wednesday,January 25th 5:30 to 7:30 PM Written materials, project updates, and materials Urban Research and Outreach/Engagement used at the public Scoping meetings will be available Center U� ROC� on the Bottineau Transitway project website: 2001 Plymouth Avenue N, Minneapolis WWw•bottineautransitway.or� Scoping Open House#4: Tuesday,January 31st 6:00 to 8:00 PM Robbinsdale City Hall 4100 Lakeview Avenue N, Robbinsdale 13 Scoping Booklet BottineauTransitway HOW WILL MY COMMENTS BE USED� WHO IS INVOLVED LOCALLY IN THE PROCESS� WILL THEY MAKE A DIFFERENCE� A number of other local groups are included in the Your comments can make a difference. Comments Scoping and Draft EIS process (see Figure 8).A received during the Scoping period will be used to complete list of the federal, state, and local agencies finalize the Bottineau Transitway purpose and need, involved in the Draft EIS process is available in the refine the proposed alternatives, and identify envi- Bottineau Transitway Coordination Plan. Some of the ronmental topic areas to be analyzed in the Draft EIS most active local agency partners participate on the and their method of analysis.You can find out how all Bottineau Transitway Policy Advisory Committee (PAC), comments were addressed by reviewing the Scoping Citizen Advisory Committee (CAC) and the Advise, Decision Document, which is a summary of the Scop- Review, and Coordinate Committee (ARCC): ing process, comments received, and response to ■ policy Advisory Committee(PAC): PAC mem- comments that is published after the Scoping public bers are elected officials, key policy leaders for comment period ends.This report will be made avail- participating agencies, business leaders, and able to the public and interested agencies. institutional leaders, convened to review project development progress and advise progress toward WHAT DOES THE SCOPING DECISION DOCUMENT identifying a Locally Preferred Alternative. TELL US? ■ Community Advisory Committee(CAC): Members represent communities, businesses, and institu- The Scoping Decision Document is a summary of the tions in the Bottineau Transitway study area. CAC Scoping process, comments received, and responses members provide a conduit for integrating the to comments, published after the Scoping public values and perspectives of citizens, communities, comment period ends. It tells how comments received businesses and institutions into the study process. during the Scoping process were addressed and pres- ■ Advise, Review,and Communicate Committee ents the final Bottineau Transitway purpose and need, (ARCC):ARCC members are technical staff from the alternatives to be studied, and the environmental agencies convened to advise project development. topic areas and the methods of analysis in the Draft The ARCC provides advice regarding local govern- EIS. mental perspectives, issues of concern,technical methodologies, and study process details.The WHAT HAPPENS AFfER SCOPING? ARCC is comprised of staff from Hennepin County; the cities of Brooklyn Park, Crystal, Golden Valley, CAN � STILL BE INVOLVED? New Hope, Maple Grove, Minneapolis, Osseo, and The Scoping process is just the beginning of the Robbinsdale; Maple Grove Transit;the Metropoli- environmental review process.Although the formal tan Council, MnDOT; and project consultants. Scoping period ends on February 17, 2012, opportu- nities for involvement in the Draft EIS will continue. Additional community meetings will be scheduled dur- FIGURE 8:DRAFf EIS PARTNERS ing the preparation of the Draft EIS and materials will be posted to the project website for community review � , and comments. Following publication of the Draft EIS another series - �� . of formal public hearings will be conducted to receive your comments on the findings of the Draft EIS and � � - the recommendation for the preferred alternative. � � � BottineauTransitway Scoping Booklet 14 LIST OF ACRONYMS: AA . . . . . . . . . . . . . Alternatives Analysis ARCC. . . . . . . . . . . Advise, Review, and Coordinate Committee BNSF. . . . . . . . . . . Burlington-Northern Santa Fe (railroad) BRT . . . . . . . . . . . . Bus Rapid Transit CAC . . . . . . . . . . . . Citizen Advisory Committee EIS. . . . . . . . . . . . . EnvironmentallmpactStatement FTA. . . . . . . . . . . . . Federal Transit Administration HCRRA. . . . . . . . . . Hennepin County Regional Railroad Authority LPA . . . . . . . . . . . . Locally Preferred Alternative LRT . . . . . . . . . . . . Light Rail Transit MEPA. . . . . . . . . . . Minnesota Environmental PolicyAct MnDOT . . . . . . . . . Minnesota Department of Transportation NEPA. . . . . . . . . . . National Environmental Policy Act PAC . . . . . . . . . . . . Policy Advisory Committee TPP . . . . . . . . . . . . Transportation Policy Plan TSM. . . . . . . . . . . . Transportation System Management REGIONAL COLOR-CODED TRANSIT LINES: Blue Line. . . . . . . . Hiawatha LRT(In Operation) Green Line . . . . . . Central Corridor(In Construction) and Southwest LRT(Preliminary Engineering) Orange Line . . . . . I-35W South BRT(Preliminary Engineering) Red Line . . . . . . . . Cedar Ave BRT(In Construction) N OTES BottineauTransitway Scoping Booklet BottineauTransitway � t. DRAFfENVIRONMENTALIMPACTSTATEMENT SCOPING BOOKLET � December, 2011 Prepared for Hennepin County Regional Railroad Authority by Kimley-Horn and SRF Consulting Group, Inc. ry�2t �s�. �� mu� O� � _ Park and Recreation '; � e 763-512-2342/763-512-2344(fax) u� Executive Summary Golden Valley Council/Manager Meeting January 10, 2012 Agenda Item 2. Golden Valley Little League Fundraising for Honeywell Field Expansion and Naming Prepared By Rick Jacobson, Director of Parks and Recreation Summary The City, in cooperation with Golden Valley Little League (GVLL), applied for and was awarded $400,000 through the Hennepin County Youth Sports Grant Program. The grant award, along with $67,500 committed to the project from Golden Valley Little League, was used to expand the current Little League area from one to three baseball fields. The fields are substantially complete, however, over the summer; the turf will be maturing with hopes of them being available for use for the fall season. Representatives from GVLL will be present to give an update on fundraising efforts to date, as well as to request from the Council a no-interest loan to complete their payments to the City. Golden Valley representatives would also like to discuss with the Council the possibility of renaming the Honeywell Fields to Dick Isaacson Park. Attachments Council/Manager Minutes dated March 8, 2011 (1 page) Council/Manager Meeting Minutes March 8, 2011 Present: Mayor Loomis and Council Members Freiberg, Pentel, Scanlon and Shaffer, City Manager Tom Burt, Police Chief Stacy Altonen, Finance Director Sue Virnig, Director of Public Works Jeannine Clancy, Director of Parks and Recreation Rick Jacobson, Graduate Engineer Mitch Hoeft and Administrative Assistant Lisa Wittman. The meeting began at 7:05 pm in the Counci� Conference Room. Golden Valley Little League Fundraising for Honeywell Field Expansion Golden Valley Little League President Peter Birkeland, stated that they have raised approximately $35,000 of the $67,500 that they've committed to raise for their field expansion project. He added that they feel they have an opportunity to raise additional funds by selling naming rights to the park and/or fields. Mayor Loomis expressed concern about selling naming rights because this property is a city-owned park and typically City parks are named after historical figures. She suggested possibly lending the money to the Little League instead. Tom Burt explained that if naming rights were to be sold all of the proceeds would have to go to the City because no one can profit from city property. He added that the Council will need to consider implications to all of the parks and various organizations that may want naming rights when making their decision. Council Member Scanlon asked about other fundraisers the Little League has done. Chris Hiestand, Golden Valley Little League Fundraising, explained that they have talked to other corporations, have applied for grants and will be selling pavers. He stated that they are optimistic about raising the $67,500 by July and suggested that funds from naming rights could go toward a possible phase two of the project for lights, concession stands or restrooms. The Council consensus was that they are more likely to support allowing naming rights for the fields, than for the park. They suggested that the Little League come back to a future Council/Manager meeting with a detailed proposal that addresses the Council's concerns over naming rights. For ' n of Golden Valley Communi Foundation Dean Pe e Envision Connection B rd of Directors provided a �ate to the Council regardi ork the committe has been doing p a community foundation in order to collect d disburs s to various community groups. He explained that when disburs he � se established criteria, consistent with Envision Iden Valley core ideas. He that they plan to file the incorporation papers with the S a � ' r. Penk and the committee for all of their har r . Metropolitan Co Environmental ervices (MCES) Interc Rehabilitation Project Jeannin ancy introduced Karen Ke an and Seng Thongvanh from M update the ncil on the status of the 1-GV- 1 Interceptor Rehabilitation Project. . . r �� + f` �� 0 =�� e Pubiic Works 763-593-8030/763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting January 10, 2012 Agenda Item 3. MnDOT Local Road Improvement Program Application Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Ron Nims, Project Coordinator Mark Ray, PE, Graduate Engineer Summary Staff recently became aware of a potential funding opportunity for a portion of the Douglas Drive Corridor Project. The Minnesota Department of Transportation's Local Road Improvement Program (LRIP) has $10 million available to fund projects with statewide or regional significance. Projects may be funded up to a cap of$500,000 with no match required. Projects that will be considered must be bid by 2013, be on roads determined to be of regional significance, and incorporate an established safety strategy. Staff has determined that a portion of the Council approved Priority 1 Area for the Douglas Drive (County State Aid Highway 102) project is a good candidate for this funding opportunity. The main component of the Priority 1 area is elimination of the intersection of Country Club Drive with Douglas Drive. Country Club Drive will be converted to a cul-de-sac just east of the Optum Health parking lot driveway. Modifications in the access to and from Trunk Highway 55 will also be included in this project. Other potential impacts on Douglas Drive may be included, but the exact extents of the proposed project will be determined based on estimated costs, as compared to the funding cap. Attached to this memo is a figure that identifies all the priority areas around the intersection of Douglas Drive and Trunk Highway 55. As part of this application, a Council resolution of support is required. This resolution would be brought to the City Council on January 17. The application is due February 3, 2012. Attachments CSAH 102 (Douglas Drive) Priority Areas (1 page) �,., u.�� u e �f� �� ` ��' ° I r C . �� v e $ _ � , ,. 1y . '+ � }d ; �j � � ` , , ...��p� ��.,�� r ��,�R� < � � ��4i� ,'� . '+� a � �.-.. � � '�s�Mll�� S�. � ��b�"�� L. � �ti� � . � g�,''�;� ,,��yi�.. p� `: � y s � ��J'" � �'�iµ�1�'?��hi�tbf�;'�'�� N ri � . � „ . . s"�' M` .. ,.�.�+� � �.Yau _ . 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' . ..�. ��...��. ..,.� � � � �� — — — _ — — '�n':i _ _ _ �� . 1 ��';��a _ _ _ _ '�: � ,� � ,\ '� O � i ; " �.��'� '�` , ";•�«-;•• � .. � 4 {, , : ��'��::�� ♦ r � �� " �I M � � � � .. �^ � 1 � � ti% t � � 1 1 ' ' �* . � 1 1 ' � ",+ � W 1 1 �k� i t. � � �1�' ,� Ma:; (Q ., ;�� . �� ; ��' ��, j�;� �A` �i p � � � � � W .. �... ��° :"j. '.. ... � �� 1 � '� .� �1 � � � �' ♦ . �� 1� �4 �.�� `� � c � r � F— � � •� c � � ' � i � � 1 � � �. �' �" "{� �y � ... ._ w � ., . ��„ � ,yw s .r. � �y � �i 1' ,�'��.�.r��4.� �� ' � �. * , �'� _� �� -� � + .... . � ' � � �-.. � ,!<,e.� .L? 0 Q� � 1 1 Q � '. � �t�� ,��.�" .�.*.y'�'� '�� 3 O /O� , k � �� F , (r�'.,�.. � V � �Y ya �s*...�., � . �,�a '4 = O , ` ,y. C , � �,.. , ��: p � �, . Q �, a � � � ' ;��---- N ... J� � �`"�`� _ � ( � � � }W V � � � V V Z ' ^�� .. <' �'�' Z Q 3'.� . �� O 2 ' �� k U � a a p V �a�ik• w2,' 1 �, � '� �l WUu ^ , � w ,,, _,,,,�.,. ,¢r „ 9V«,; •i�A^��, . ,*� . Om �� w�� +"1w , .�.��y� . . Y��,�+', �t�- ' f �� . ... � M � U N � � � � �� .. � 1r�� .. .. ' �* � �� «°�� ; � . 4 ,. � �� c��`��: ��=� ��: .��'� �� "�� City Administration/Council �� , � 763-593-8003/763-593-8109(fax) �,.- Executive Summary Golden Valley Council/Manager Meeting January 10, 2012 Agenda Item 4. 2012 Legislative Policies Prepared By Thomas Burt, City Manager Summary Attached you will find the 2011 Legislative Policies the Council approved last year. I have also included the 2012 City Policies from the League of Minnesota Cities and the 2012 Metro Cities Policies. Staff is requesting the Council discuss the 2011 policies and identify other possible legislative issues to consider as 2012 Legislative Policies. Attachments City of Golden Valley 2011 Legislative Policies (2 pages) 2012 City Policies, League of Minnesota Cities (110 pages) 2012 Metro Cities Legislative Policies (60 pages) �: ^:�...�x�.:� .��..�'��'�°� ` .....��'"�...�;��° ��: ^.�xr.��'.. s _ €.�x � �: � �.��s �..� ..F �:.�.��'as'��.W;� �� x�� r� � �� : � M��x�� "�x � #�� `� n�� d �.. � �� " � � � � ' "� � M . .. � �: �` �. � �� h =�� „��, �� t� �� , �� #� � � �� ty of � rr �, �t� �� , � �� ; n. � . _��rM h.�� ,�� {�r� J olden � vall e Y 2011 Le islative Policies g Presented to the City Council February 1,2011 Policy 1. Fiscal Disparities Issue Since enacted in 1971 and implemented in 1975,Fiscal Disparities has required cities to share a portion of their commercial and industrial tax base growth with other jurisdictions.The contribu- tion amount is based on the relative fiscal capacity of each community,which is measured by the market value per capita.Because Golden Valley has a high fiscal capacity,it contributes more to the pool than it receives.In 2011,Golden Valley will contribute$4,356,597 in net tax capacity. In recent years,more commercial and industrial parcels have petitioned for market value changes. It may take a number of years to settle a petition,and the ruling can allow valuations to be revised for the contested year as well as up to two years prior. For example,for taxes payable 2011,the 2009 taxable market values for commercial and industrial properties were used to establish Golden Valley's contribution to the fiscal disparities formula.In 2010,Golden Valley had many parcels petition to lower their valuations and the adjustments are lagging. Response The City of Golden Valley supports a comprehensive study of fiscal disparities to evaluate how it is meeting its original intent and whether revisions to the law are in order. 7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Pdge 1 . , �'�.�:�x.�N: .. . . .. , :��.�.x : , . �, .iv� . ,.�:�.��.�, , . ¥ .��n. .w'�.:xr �.�.rx . .�'��.��'��. .... :. . . . . . . Policy 2. Metropolitan Council Inflow/Infiltration Issues More than 100 metro area communities own and operate local sewer systems that are connected to the regional interceptor system.In 2009,at least 32 were experiencing problems with excess inflow and infiltration (I/I),which allows clear water(ground and storm) into sanitary sewer pipes where it eventually get treated,unnecessarily,at wastewater treatment plants.I/I also uses sewer pipe capac- ity needed for wastewater throughout the region and can cause sewage backups into homes and spillages into regional waterways.If I/I issues are not addressed through repairs to local and private infrastructure,additional sewer capacity will be needed at a cost currently projected to be nearly$1 billion.By contrast,Metropolitan Council Environmental Services(MCES)estimates that addressing the problem locally will cost$150 million.Since meeting with Golden Valley legislators in early 2010,the following has been accomplished relevant to I/I: Issue 1:MCES replaced the demand charge for communities with excessive I/I with an extended surcharge program.The intent of the demand charge was to defray the cost of providing storage of excessive I/I to avoid overloading downstream facilities.In August 2009,MCES established a Demand Charge Task Force to develop specific recommendations for the demand charge.The Task Force met every other month until August 2010. Since the beginning of MCES's I/I program in January 2007,46 communities have participated.A total of$46 million of local I/I mitigation work has been documented through 2009.The recent drought in the region has made assessing the overall effectiveness of the program difficult.However,the decline in influent flow at the region's wastewater treatment plants measured since 2002 is at least partly the result of this investment in I/I mitigation.With a desire to continue the I/I program's progress and with the understanding that investing in local mitigation rather than storage is the region's preferred ap- proach to reducing I/I,the Demand ChargeTask Force recommended the following recommendations, which have been accepted by MCES: • Rather than implement a demand charge in 2013,MCES will implement an ongoing I/I reduction program similar to but improved from the existing program. • In cases where MCES determines a community is not meeting I/I goal(s)or the community has not been implementing an effective I/I reduction program,or if regulations and/or regulatory permits re- quire MCES to ensure regulatory compliance,MCES may institute a wastewater rate demand charge. • M�ES will amend the 2030 Water Resources Management Policy Plan to reflect these recammenda- tions. Issue 2:Metro Cities,with assistance from the Cities of West St Paul and Golden Valley,successfully championed including a $3 million grant program in the 2010 bonding bill to provide grants to munic- ipalities for capital improvements to public infrastructure to reduce I/I. Response The City of Golden Valley recommends its legislative representatives seek: • continued state funding for I/I mitigation programs • revision of current grant agreements,developed by the State of Minnesota Office of Management and Budget,so they are less onerous and costly for local governments to implement Page 2 City of Golden Valley��2011 Legislative Policies LEAGUE OF MINNESOTA CITIES Z �12 . . . For Legislative and Administrative Action November 17, 2011 The only comprehensive statewide advocacy agenda fo�^all Minnesota cities O 0 LEAGUE oF MINNESOTA CITIES Zhis document is avdiluble in the LegislativeAction Center on the League's web site at www.lmc.org/policies Copyright �O 2012 League of Minnesota Cities. All rights reserved. . O League of Minnesota Cities 145 Universit y Avenue West • St.Paul,MN 55103-2044 �E/�GUE OP (651)281-1200 • (800) 925-1122 • F�: (651)281-1299 MINNESOTA 'i"DD: (651)281-1290 • www.lmc.org CITIES TABLE OF CONTENTS TABLE OF CONTENTS............................................................................... i LMC LEGISLATIVE STAFF CONTACTS & ISSUE AREAS............. vi 2011 LEGISLATIVE POLICY COMMITTEE MEMBERS................. vii ImprovingService Delivery...............................................................................................................vii ImprovingLocal Economies..............................................................................................................vii Improving Fiscal Futures "' ..................................................................................................................viii Human Resources&Data Practices.................................................................................................viii LMC POLICY DEVELOPMENT PROCESS.......................................... ix GENERAL POLICY STATEMENT...........................................................x STATEMENTOF INTENT..........................................................................x IMPROVING SERVICE DELIVERY.........................................................1 SD- 1. Unfunded Mandates ................................................................................................................. 1 SD-2. Local Approval of Special Laws.............................................................................................. 1 SD- 3. Redesigning and Reinventing Government..............................................................................2 SD-4. State Government Shutdowns..................................................................................................2 SD- 5. City Costs for Enforcing State and Local Laws....................................................................... 3 SD- 6. Duration of Conservation Easements.......................................................................................4 SD- 7. Responsibility for Locating Private Underground Facilities....................................................4 SD- 8. Utility Relocation Under Design-Build Road Construction..................................................... 5 SD- 9.National Fire Protection Association(NFPA) Standards......................................................... 6 SD- 10. Fire Mutual Aid...................................................................................................................... 6 SD- 11. Clarification of Joint Powers Relationships with Federally Recognized Indian Tribes......... 7 SD- 12.Ambulance Service Costs and Liability................................................................................. 7 SD- 13.Fees for Service...................................................................................................................... 9 SD- 14. Providing Information to Citizens.......................................................................................... 9 SD- 15. Special Assessment Procedure............................................................................................. 10 SD- 16. Recovering Property Maintenance Costs............................................................................. 10 SD- 17.Administrative Fines for Code Violations............................................................................ 10 2012 City Policies i SD- 18. Contracting and Purchasing.................................................................................................. 11 SD- 19. City Enterprise Operations................................................................................................... 11 SD-20. Initiative and Referendum.................................................................................................... 12 SD-21. Civil Liability of Local Governments.................................................................................. 12 SD-22. Private Property Rights and Takings.................................................................................... 13 SD-23. Organized Solid Waste Collection....................................................................................... 14 SD-24. Private Well Drilling............................................................................................................ 15 SD-25.Airport Safety Zones............................................................................................................ 16 SD-26. Sustainable Development..................................................................................................... 16 SD-27. Construction Codes.............................................................................................................. 18 SD-28. Residential Sprinkler Requirements..................................................................................... 19 SD-29. Limits on City Rental Housing Licensing............................................................................20 SD-30. Disability Access Requirements...........................................................................................20 SD- 31. Restrictions on Possession of Firearms................................................................................21 SD- 32. Creating a Minnesota GIS....................................................................................................22 SD- 33. Public Safety Communications............................................................................................22 SD- 34. CriMNet................................................................................................................................22 SD- 35. Pawn Shop Regulation and Use of the Automated Pawn System (APS)............................23 SD- 36. Compensation and Reimbursement for Public Safety Services......:....................................24 SD- 37. Administrative Traffic Citations ..........................................................................................25 SD- 38. Justice System Funding........................................................................................................26 SD- 39. Homeland Security Costs and Liability................................................................................26 SD-40. Immigration Reform.............................................................................................................27 SD-41. Racial Profiling.....................................................................................................................27 SD-42. Legalization of Fireworks ....................................................................................................28 SD-43. Traffic Enforcement Cameras..............................................................................................29 SD-44. Operation of Motorized Foot Scooters.................................................................................29 SD-45. Electric Assisted Bicycles....................................................................................................29 SD-46. Methamphetamine................................................................................................................ 30 SD-47. Drug Paraphernalia............................................................................................................... 31 SD-48. Regulation of Massage Therapists ....................................................................................... 31 SD-49. Charitable Gambling and Local Control.............................................................................. 32 SD- 50. Liquor Liability Insurance Limits........................................................................................32 SD- 51. On-Sale Liquor or Wine Licenses to Cultural Centers......................................................... 33 SD- 52. Wine and Off-Sale Licenses.................................................................................................33 SD- 53. Conditions for Liquor Licenses............................................................................................ 33 SD- 54. Youth Access to Alcohol and Tobacco................................................................................ 34 SD- 55. Smoking Ban Ordinances..................................................................................................... 34 SD- 56. Environmental Protection.....................................................................................................34 SD- 57. Impaired Waters................................................................................................................... 36 SD- 58. Phosphorus Reduction.......................................................................................................... 37 SD- 59. Urban Forest Management Funding..................................................................................... 38 SD- 60. Election Issues...................................................................................................................... 39 SD- 61.Absentee Voting................................................................................................................... 39 SD- 62.Early Voting.........................................................................................................................40 SD- 63.Redistricting ........................................................................................................................40 ii League of Minpesota Cities SD- 64.Ranked Choice Voting Issues...............................................................................................40 SD- 65. Write-in Candidates in City Elections..................................................................................40 . SD- 66. Charter Authority to Establish Commencement and Expiration of Terms of City ElectedOfficials ................................................................................................................................41 SD-67. Library Funding....................................................................................................................41 SD- 68. Park and Library Land Tax Break........................................................................................42 SD- 69. Charter Law Expense Limit Increase...................................................................................42 IMPROVING LOCAL ECONOMIES ......................................................43 LE- 1.Growth Management and Annexation.....................................................................................43 LE-2. Wildlife Management Areas..........................................................................................:........44 LE- 3. Official State Mapping Responsibility...................................................................................45 LE-4. Electric Service Extension......................................................................................................45 LE- 5. Statutory Approval Timelines ................................................................................................45 LE- 6. Public Infrastructure Utilities.................................................................................................46 LE- 7. Development Disputes............................................................................................................47 LE- 8. Foreclosure and Neighborhood Recovery..............................................................................47 LE- 9.New Resources for Affordable Housing ................................................................................48 LE- 10. Energy Efficiency Improvement Requirements for Housing...............................................49 LE- 11. Residential Care Facilities and Post-Incarceration Living Facilities (group homes)........... 50 LE- 12. Inclusionary Housing............................................................................................................ 50 LE- 13. Community Land Trusts....................................................................................................... 51 LE- 14. State Broadband Policy Priorities for Cities......................................................................... 51 LE- 15. Competitive Cable Franchising Authority............................................................................ 52 LE- 16. Right-of-Way Management.................................................................................................. 53 LE- 17. Wireless Tower and Antenna Siting..................................................................................... 55 LE- 18. Economic Development Authorities ..................................................................................:. 55 LE- 19. Workforce Readiness............................................................................................................ 56 LE-20. Community Reinvestment Partnerships and Financing........................................................ 57 LE-21. Tax Increment Financing(TIF)............................................................................................ 57 LE-22. TIF District Deficits.............................................................................................................. 58 LE-23. Transit Improvement Areas.................................................................................................. 59 LE-24. Business Subsidies................................................................................................................ 59 LE-25. Business Development Programs......................................................................................... 59 LE-26. Land Recycling Programs .................................................................................................... 60 LE-27.Property Tax Abatement Authority...................................................................................... 61 LE-28. OSA Response Timelines.....................................................................................................62 LE-29. OSA Time Limitations.........................................................................................................62 LE- 30. Adequate Funding for Transportation..................................................................................62 LE- 31. Turnbacks of County and State Roads .................................................................................63 LE- 32. Mn/DOT Rights-of-Way Maintenance................................................................................. 64 LE- 33. Road and Transit Funding for Cities Under 5,000 ............................................................... 64 LE- 34. Complete Streets................................................................................................................... 64 LE- 35. Railroads............................................................................................................................... 65 LE- 36. Airport Planning and Funding..............................................................................................65 2012 City Policies iii IMPROVING FISCAL FUTURES ............................................................67 FF- 1. State-Local Fiscal Relations....................................................................................................67 FF-2. Economic Contributions by Cities..........................................................................................68 FF-3. State Budget Stability..............................................................................................................68 FF-4. Funding Local Government Aid.............................................................................................69 FF- 5. Local Government Aid Reform ..............................................................................................69 FF-6. State Charges for Administrative Services ............................................................................. 70 FF- 7. Reporting Requirements .........................................................................................................70 FF- 8. Limited Market Value and Homestead Tax Burdens..............................................................71 FF- 9. Market Value Homestead Credit and Homestead Market Value Exclusion...........................71 FF- 10. Sales Tax on Local Government Purchases..........................................................................72 FF- 11. Sales Tax on Capital Equipment...........................................................................................72 FF- 12. Taxation of Electronic Commerce........................................................................................72 FF- 13. Online Travel Companies and Local Hotel Occupancy Taxes.............................................73 FF- 14. Taxation of Electric Generation Personal Property..............................................................73 FF- 15. Taxation of Municipal Bond Interest....................................................................................74 FF- 16. Pollution Control Exemption................................................................................................74 FF- 17. State Restrictions on Local Budgets.....................................................................................74 FF- 18. Truth-in-Taxation(T'NT)Process.........................................................................................75 FF- 19. City Fund Balances...............................................................................................................76 FF-20. City Revenue Diversification................................................................................................76 FF-21. Local Option Sales Tax.........................................................................................................77 FF-22. City Franchise Authority................................................................................................:......77 FF-23. Utility Valuation Transition Aid...........................................................................................78 FF-24. Payments for Services to Tax-Exempt Property................................................................... 78 FF-25. Fire Service Taxing Districts ................................................................................................78 FF-26. Housing Improvement Areas..................................................................................:.............79 FF-27.Tax-Forfeited Properties and Local Special Assessments....................................................79 FF-28. Distribution of Proceeds from the Sale of T�-Forfeit Property .......................................... 80 FF-29. Impact Fees........................................................................................................................... 80 FF-30. Equity in Library Funding..................................................................................................... 80 FF-31. Equitable Funding of Community Education Services......................................................... 81 HUMAN RESOURCES & DATA PRACTICES......................................83 HumanResources.........................................................................................83 HR- l.Personnel Mandates and Limits on Local Control................................................................. 83 HR-2. Firefighter and Ambulance Payroll........................................................................................ 83 HR- 3. Pay Equity Compliance.......................................................................................................... 83 HR-4. Public Employment Labor Relations Act(PELRA).............................................................. 84 HR- 5. Payment of Arbitration Fees.................................................................................................. 85 HR- 6. Essential Employees .............................................................................................................. 85 HR- 7. Re-employrnent Benefits ....................................................................................................... 85 iv League of Minnesota Cities HR- 8.Pension Benefits..................................................................................................................... 86 HR- 9. Public Employees Retirement Association (PERA).............................................................. 86 HR- 10.Volunteer Firefighter Pension Benefits ............................................................................... 87 HR- 11. Retirement Work Incentives................................................................................................ 87 HR- 12. Part-Time Peace Officer Licenses ....................................................................................... 88 HR- 13. State Paid Police and Fire Medical Insurance...................................................................... 88 HR- 14. Health Care Insurance Programs ......................................................................................... 90 HR- 15. Workers' Compensation...................................................................................................... 91 HR- 16. Breathalyzers........................................................................................................................92 HR- 17. Veterans Preference.............................................................................................................92 HR- 18.Drug and Alcohol Rehabilitation......................................................................................... 93 HR- 19. Background Checks............................................................................................................. 93 DataPractices ...............................................................................................93 DP- 1. Data Practices Compliance Issues..........................................................................................93 DP-2.Maintaining Government Data in Large Databases...............................................................94 DP- 3. Data Practices and Personnel Issues.......................................................................................95 DP-4. Sharing of Student Data with Local Law Enforcement in Emergencies................................95 DP- 5. Open Meeting Law.................................................................................................................96 FederalEmployment Law...........................................................................96 FED- 1. FLSA/Overtime Compensation ...........................................................................................96 FED-2. Consolidated Omnibus Budget Reconciliation Act(COBRA)............................................97 FED- 3. Medicare/Medicaid Premium Disbursements......................................................................97 FED-4. Flexible Spending Accounts................................................................................................97 FED- 5. Reserve Income Replacement Program (RIRP) ..................................................................97 FED- 6. IRS Regulations on Death Benefits.....................................................................................98 FED- 7. Federal Public Safety Collective Bargaining Bill................................................................98 2012 City Policies v LMC LEGISLATIVE STAFF CONTACTS & ISSUE AREAS Gary Carlson,Intergovernmental Relations Director gcarlson@lmc.org (651)281-1255 •Aid to cities •Pensions and post retirement benefits • Civil liability .Property tax system • Insurance •Public finance Anne Finn,Assistant Intergovernmental Relations Director afinn@lmc.org (651)281-1263 • Emergency management • Personnel � Transportation •Pensions • Public safety Ann Higgins,Intergovernmental Relations Representative ahiggins@lmc.org (651)281-1257 • Cable franchising • Information policy • Underground locating • Elections and redistricting • Right-of-way management • Utility service districts • Housing • Telecommunications • Water/wastewater billing Patrick Hynes,Intergovernmental Relations Representative phynes@lmc.org (651)281-1260 •Building Codes � Housing • Sustainable Development •Land use,Zoning,Annexation Craig Johnson,Intergovernmental Relations Representative cjohnson@lmc.org (651)281-1259 •Energy . Sustainable Development � Wastewater,drinking •Environment • Local/tribal relations water and stormwater • Land use and annexation • State bonding Jennifer O'Rourke,Intergovernmental Relations Representative jorourke@lmc.org (651)281-1261 • Aid to cities • General revenue sources for cities • Public finance • Economic development/redevelopment� Liquor and tobacco • Tax increment financing • General government • Property tax system Heather Cederholm,Member Outreach Coordinaton c�ederholm@lmc.org (651)281-1256 • Grassroots member advocacy • Policy committees •Legislative listserv .Policy development process vi League of Minnesota Cities 2011 LEGISLATIVE POLICY COMMITTEE MEMBERS Mike Eastling,Public Works Director,Richfield Improving Service Delivery ste�e Eiwos,Councilmember,Bloomington Jo Emerson,Mayor,White Bear Lake Sarah Erickson,Intergovernmental Relations,St.Paul Jennifer Wothe,Chair—Administrator,Clearwater Michael A.Ericson,Administrator,Hugo Ady Wickstrom,Vice Chair—Councilmember, gart Fischer,Assistant Administrator,Chaska Shoreview Paye Flomo,Mayor,Hampton Gene Abbott,Councilmember,Savage Ginny Black,Councilmember,Plymouth John Frohrip,Administrator,Fertile Shannon Guernsey,Executive Director,MN NAHRO Susan Carlin,Councilmember,St.Peter John Goodwin,Councilmember,Apple Valley Marian Clennon,Councilmember,Austin Joe Gould,Councilmember,La Prairie Chris Cousins,Councilmember,St.Clair Nick Haggenmiller,Community Dev.Dir.,Montevideo John Ehret,Fire Chief,West St.Paul Don Hainlen,Mayor,Chatfield Sarah Erickson,Government Relations,St.Paul Larry D.Hansen,Administrator,Stillwater Jennifer Feely,City Administrator,Caledonia Brian Heck,Administrator,Shorewood John Frohrip,Administrator,Fertile Gordon Heitke,Administrator,Baxter Matt Fulton,City Manager,Coon Rapids Jon Hohenstein,Community Development.Dir.,Eagan Mary Hamann-Roland,Mayor,Apple Valley Gordon A.Hydukovich,Comm.Dev.Dir.,Fergus Falls Tom Hansen,Deputy City Manager,Burnsville Curtis Jacobsen,Dir.of Community Dev.,New Hope Joel Hanson,City Administrator,Little Canada Ron Johnson,City Administrator,Lake City Brian Heck,City Administrator,Shorewood Scott Johnson,City Administrator,Big Lake Steven Jones,City Manager,Montevideo Mark D.Larson,City Administrator,Glencoe Mark Karnowski,City Administrator,Princeton Sue Larson,Councilmember,Isanti* Sue Larson,Councilmember,Isanti* John Maczko,City Engineer,St.Paul John Maczko,City Engineer,St.Paul Dan Madsen,City Admin.,Special Counsel,Madelia Ben Martig,City Administrator,Marshall Mark Maloney,Director of Public Works,Shoreview Mary McComber,Councilmember,Oak Park Heights Anne Mavity,Councilmember,St.Louis Park Kevin McHenry,Govt.Relations Specialist,Metro Cities Kevin McHenry,Govt.Relations Specialist,Metro Cities Sandra Means,Councilmember,Rochester Tessia Melvin,Assistant to City Manager/ Mike Myser,Mayor,Prior Lake Communications, Shoreview Patricia Naumann,Executive Director,Metro Cities Justin Miller,City Administrator,Mendota Heights Todd Olson,Govt.Relations Specialist,Metro Cities �m Moore,Assistant City Manager,St.Anthony Andru Peters,Pres Pro Tem City Council,Lake City Mike Myser,Mayor,Priar Lake Desyl Peterson,City Attorney,Minnetonka Patricia Nauman,Executive Director,St.Paul Gordon Ramsay,Police Chief,Duluth David Olson,Comm.Econ.Dev.Director,Lakeville Melissa Reed,Govt.Relations Rep.,Minneapolis Andru Peters,Pres.Pro Tem City Council,Lake City Sarah Reinhardt,Mayor,Spring Park Cathy Polaski,Economic Dev.Dir.,Minneapolis Cindie J Reiter,SMP City Clerk&LSCB City Council, Rhonda Pownell,Councilmember,Northfield* St.Mary's Point&Lake St.Croix Beach Ralph Rauterkus,Councilmember,Red Wing Mark Sather,City Manager,White Bear Lake Mike Reardon,Cable Communications Officer,St.Paul Jake Sedlacek,Asst.Administrator,Mendota Heights Melissa Reed,Govt.Relations Rep.,Minneapolis Wendy Underwood,Government Relations Dir.,St.Paul Aaron Reeves,Administrator,Cannon Falls Debbie White,Councilmember,Winona Mike Roth,Administrator,Grand Marais Pierre Willette,Govt.Relations Rep.,Minneapolis Joe Rudberg,Clerk Administrator,Breezy Point Dan Ryan,Councilmember,Brooklyn Center Otto Schmid,Councilmember,Breezy Point Improving Local Economies David Schmidt,Administrator,Wabasha Bob Schreier,Community DeveL Dir.,Brooklyn Park Luayn Murphy,Chair—Administrator,Mayer Ryan Schroeder,Administrator,Cottage Grove Chad M.Adams,Vice Chair—City Mgr.,Albert Lea Mary Sherry,Councilmember,Burnsville Brian Anderson,Administrator,Newport Jonathan Smith,City AdministratorlClerWTreas.,Frazee David Beaudet,Mayor,Oak Park Heights Terry Spaeth,Senior Administrative Analyst,Rochester 2012 City Policies vii Josh Sprague,Councilmember,Edina Steve Okins,Finance Director,Willmar Steve Stahmer,Administrator,Rogers Heidi Omerza,Councilmember,Ely* Bob Streetar,Community Development Dir.,Oakdale Samantha Orduno,City Administrator,Dayton John Sweeney,Mayor,Maple Plain Rod Otterness,Administrator,International Falls* Wendy Underwood,Government Relations Dir.,St.Paul Aaron Parrish,City Administrator,Forest Lake Kerry Venier,Clerk/Treasurer,Silver Lake Ellen Richter,Asst.to City Manager,White Bear Lake Craig Waldron,Administrator,Oakdale Michael Rietz,City Administrator,Barnesville Cheryl Youakim,Councilmember,Hopkins Mike Roth,City Administrator,Grand Marais John Young Jr.,Councilmember,Hawley Ryan Schroeder,City Administrator,Cottage Grove Ed Zabinski,Councilmember,Grand Rapids Mark Sievert,City Administrator,Fergus Falls Bill Sonmor,Finance Director,Fergus Falls Steve Stahmer,City Administrator,Rogers Improving Fiscal Futures Wendy Underwood,Government Relations Dir.,St.Paul Lisa Wieland,Finance Director,Rogers Nancy Zaworski,Finance Director,Kasson Marshall Hallock,Chair—Finance Dir.,Red Wing Shawn Gillen,Vice Chair—Administrator,Grand Rapids* David Beaudet,Mayor,Oak Park Heights HUI11aI1 RCSOUPCCS �L Data PI'aCt1C8S William Burns,Manager,Fridley Scott Cordes,Budget Manager,St.Paul Angela Nalezny,Chair—Human Resource Director, Joel Dhein,City Administrator,Mora St.Paul Sarah Erickson,Intergovernmental Relations,St.Paul Brenda Cossette,Vice Chair—Human Resource John Frohrip,Administrator,Fertile Director,Fergus Falls Mike Funk,Administrator,Minnetrista Krista Amos,Director of Human Resources,St.Peter Brian Gramentz,City Manager,New Ulm Lynne Bankes,Police Chief,White Bear Lake Larry D.Hansen,City Administrator,Stillwater Geralyn Barone,Assistant CiTy Manager/Director of Pat Harris,Councilmember,St.Paul Administrative Services,Minnetonka Jessie Hart,Finance Officer,White Bear Township Richard Brainerd,Councilmember,Mahtomedi* Steve Helget,Administrator,Montgomery Stacy Doboszenski,Asst.Administrator-Clerk,Rogers Betsy Hodges,Councilmember,Minneapolis* Terry Dussault,Human Resource Director,Blaine Connie Holmes,Mayor,Waverly Laurie Elliott,Human Resources Manager,Shoreview Don Howard,Administrator,Pine City Joe Gould,Councilmember,La Prairie Scott Huizenga,City Administrator,East Grand Forks Lynn Habhegger,Clerk,Two Harbors Jeff Hulsether,City Engineer,Brainerd Brian Heck,City Administrator,Shorewood Alexandra Iverson,Chief Budget Analyst,St.Paul Susan Larson,Councilmember,Isanti Sue Iverson,Director of Finance and Administrative Michelle Mahowald,Human Resources Mg.,Faribault Services,Arden Hills Craig Mattson,City Administrator,Wyoming Jeremy Germann,City Administrator,Wells Kim Moore-Sykes,Assistant City Manager,St.Anthony Marvin D.Johnson,Mayor,Independence John Mulder,City Administrator,Hermantown Tom Lawell,City Administrator,Apple Valley Keith Mykleseth,City Councilmember,Crookston Peter Lindstrom,Mayor,Falcon Heights Patricia Nauman,Executive Director,Metro Cities Dean Lotter,City Manager,New Brighton Heidi Omerza,Councilmember,Ely* Kristi Luger,City Manager,Excelsior Aaron Parrish,City Administrator,Forest Lake Dan Madsen,City Administrator/Special Counsel, Dawn Pearson,HR Manager,Apple Valley Madelia Lori Peterson,Human Resources Manager,Eagan Bill Malinen,City Manager,Roseville Jennifer Pinski,Deputy Clerk,Oak Park Heights Dan Matejka,City Administrator,Goodview Terry Quigley,Councilmember,Shoreview John McCarthy,City Administrator,Dundas Marty Scheerer,Fire Chief,Edina Paul McLaughlin,City Administrator,Renville Roger Seymour,Employee Services Director,Red Wing Steven Mielke,City Administrator,Lakeville Ceil Smith,Assistant to the City Manager,Edina Kyle Morell,City Clerk/Administrator,Hinckley Jean Thompson,Director,Human Resources,Moorhead Mike Myser,Mayor,Prior Lake Brenda Wendlandt,�Iuman Resources Dir.,Farmington Steve Nasby,City Administrator,Windom* Patricia Nauman,Executive Director,Metro Cities *indicates member of League of Minnesota Cities Gary Neumann,Assistant Administrator,Rochester Board of Directors viii League of Minnesota Cities LMC POLICY DEVELOPMENT PROCESS The City Policies document addresses more than 1601egislative issues that impact cities and serves as the foundation of the League of Minnesota Cities(LMC)advocacy efforts. City officials from across the state are recruited throughout the year to serve on one or mare policy committee. Policies are considered,discussed,and revised annually with considerable member input. Then,draft policies are published online for member comments before being considered for approval by the LMC Board of Directors. Guided by the City Policies,LMC member cities and staff actively advocate for city- friendly legislation. Below are some of the major events in the policy development process: January The Minnesota Legislature begins the first session of each two-year biennium in January of odd-numbered years. This year,the legislative convenes on January 24,2012. February/March The Legislature typically begins the second session of each biennium in February or March of even-numbered years. March/April The Joint Legislative Conference(March 22,2012)brings city, county, school district, and township leaders to St. Paul for policy updates and meetings with state lawmakers. In March,the National League of Cities hosts the Congessional City Congress in Washington,D.C. May Under the Minnesota Constitution,the deadline to end any legislative session is the first Monday following the third Saturday in May. The governor may call special legislative sessions when necessary. June At the LMC Annual Conference(June 21-22,2012),members provide comments on City Policies throughout the conference and during the Legislative Update. July Policy committees hold their first of three meetings. The July meeting typically includes a review of the most recent legislative session and a preliminary discussion on emerging issues and accomplished city policies. August Policy committees hold their second of three meetings to review and consider member input gathered at the Annual Conference and hear from subject-matter experts on existing and potential policy topics. September Policy committees meet for a third time to finalize their work and make specific policy recommendations to the LMC Board of Directors. October Draft policies, as approved by the policy committees, are shared with members online for the comment period. Member input is also sought from city officials attending LMC Regional Meetings each fall. November The LMC Board of Directors reviews member input,then considers and amends the policies for the following calendar year. The Board adopts policies on behalf of League members before the start of the next legislative session. 2012 City Policies ix GENERAL POLICY STATEMENT The League of Minnesota Cities serves as a farum for cities to define common problems, and to develop policies and proposals to solve those problems. The League represents 830 of Minnesota's 854 cities, as well as 12 townships and 53 special districts. All sizes of communities are represented among LMC members (the largest non- member city has a population of 207) and all regions of the state are represented. The following policies address specific city issues. Two principles guide the development of all LMC policies: 1. There is a need for a governmental system that allows flexibility and authority for cities to meet the challenges of governing and providing citizens with services,while at the same time protecting cities from unfunded or underfunded mandates, liability or other financial risk, and restrictions on local control. 2. The financial and technical requirements for governing and providing services necessitate a continuing and strengthened partnership with federal, state, and local governments.This partnership, particularly in the areas of finance, development, housing, environment and transportation, is critical for the successful operation of Minnesota's cities and the well-being of residents. STATEMENT OF INTENT There are many issues impacting the effectiveness of city government to improve community life, improve the fiscal future and service delivery of city government, and improve the local economy. What follows are statements of the issues facing cities and LMC-proposed responses to these issues.These statements of issues and proposed responses form the City Policies and direct the League's advocacy efforts. With the fluid nature of emerging issues, state and national politics, and current events, additional and alternative responses to these issues may be proposed for consideration after the policies have been adopted. If policy statements are changed outside of the standard process, members of the LMC will be notified of those changes through LMC member publications. x League of Minnesota Cities LEAGUE OF MINNESOTA CITIES 2012 . . . IMPROVING SERVICE DELIVERY SD-1. Unfunded Mandates • Cities should be given the greatest flexibility possible in implementing Issue:The cost of federal and state mandates to ensure their cost is mandated programs substitute the judgment minimized. of Congress,the president,the Minnesota . The different government redesign Legislature, and the governor for local groups should consider the various budget priorities. These mandates force unfunded mandates as they look at cities to reduce funding for other basic local government reform and services or to increase taxes and service redesign and make charges. The passage by the Legislature of recommendations for the next reporting requirements for new state session. mandates,the Office of the State Auditar program for local governments to register SD-2. Local Approval of Special their ideas for mandates reform, and the Laws passage by Congress of legislation restraining new federal mandates, should Issue:The Minnesota Constitution prohibits help address the problem, but other steps are special legislation except for certain special necessary. laws relating to local government. It provides that a special law must name the Although the Legislature discussed mandate affected local unit of government and is relief during the 2011 legislative session,the effective only after approval by the local final resolution yielded very little in actual government unit, unless general state law mandate relief. In recent years,the focus provides otherwise. Under state statute, a has switched from mandate relief to special law is not effective unless approved government redesign, and in 2010 by the affected local unit of government, legislation ultimately passed creating the except under limited circumstances. Commission on Service Innovation, and the Collaborative Governance Council. In recent years,the Legislature has occasionally enacted general laws that affect Response: a single local unit of government. By enacting a general law with limited • Existing unfunded mandates application, local approval is not required. should be reviewed and modified, or repealed where possible. Response:The League of Minnesota • No additional statewide mandates Cities supports the constitutional should be enacted unless full requirement that a special law must be funding for the mandate is approved by the affected local unit of provided by the level of government before it can take effect. If a government imposing it or a law is intended to affect or benefit a single permanent stable revenue source is local unit of government,the Legislature established. must follow the requirements for enacting • Cities should not be forced to a special law set forth in the Minnesota comply with unfunded mandates. Constitution and in state statute.The League speci�cally opposes the 2012 City Policies 1 Legislature's technique of bypassing the • Promote local efforts through constitution by not naming the local incentives rather than mandates. government,but describing the local • Communicate and establish a government in such narrow terms that it process of negotiation before can only apply to one entity. shifting responsibility for delivering services from one level SD-3. Redesigning and Reinventing of government to another,or Government seeking to reduce service duplication. Issue:Every level of government is . Transfer authority for the use of redesigning, reinventing, and reevaluating revenues dedicated to such its organizational structure and programs in programs or provide appropriate response to financial realities and citizens' and adequate alternatives. needs and problems. Reforms,however, . Identify and repeal programs or must be more than change for the sake of discontinue services that are no change to existing programs just to appease longer necessary,and evaluate the electorate. which services can readily and fairly be provided by the private To be meaningful, redesign of governmental sector. entities and services should save money • Employ existing government where feasible, deliver improved services, entities in redesign efforts rather serve essential needs, and be equitably than create new agencies or units. structured. Cities have and will continue to re-evaluate city programs and services, SD-4. State Government Shutdowns pursue the use of cooperative agreements, and consider organizational changes that Issue:Twice in less than one decade,the provide greater government efficiency and state Legislature and governor failed to result in better service to citizens. reach a global agreement on the state budget The 2010 Legislature created the by the end of the fiscal biennium (June 30 of odd-numbered years).As a result of these Commission on Service Innovation and the impasses, portions of state government were Collaborative Governance Council who each shut down. The shutdowns,particularly the began their redesign work in the summer of shutdown in 2011, created a range of 2010. Each group is required to report back challenges for cities, as well as for the to the Legislature with recommendations in state's courts, residents, businesses, licensed time for the 2011 legislative session. professionals, state employees and others. Response:Federal,state,and county For cities,the most pronounced challenges governments should: related to the shutdowns were as follows: • Ensure that in redesigning, . Uncertainty about the timing and amount reinventing or reassigning of aid and credit reimbursement government services and payments and the distribution of local programs,the appropriate level of sales tax revenues; service to citizens is evaluated and . Inability of licensed city professionals citizen demands and expectations such as peace officers and water are adequately addressed. 2 League of Minnesota Cities treatment facility operators to renew SD-5. City Costs for Enforcing licenses; State and Local Laws • Loss of access to critical information such as the Bureau of Criminal Issue:Cities experience substantial costs Apprehension database and state- enforcing state and local laws, particularly mandated reports; those related to traffic, controlled � The shutdown of transportation projects substances, and incarceration of prisoners. on the trunk highway and state aid The current method in our criminal justice system. system of recovering costs for law • Interruption of local economic enforcement and prosecution through fines development due to state having sole is insufficient to meet the costs incurred by authority to inspect,review and approve local governments. Further,when a violator various plans and types of projects requests relief from paying the full amount of the fine and surcharge, the courts have Response: The League of Minnesota been more inclined to waive the fine than to Cities urges the Legis(ature and governor reduce the surcharge. When this occurs,the to establish a procedure in state law to local units of government recover no costs continue certain state government even though the city has incurred expenses. operations into a new biennium in the event that the governor and legislators Response:The Legislature should review cannot reach a budget agreement. this issue and adopt measures that Specifically,the Legislature and governor provide for complete reimbursement of should modify state law to assure that the the costs incurred by local governments in staff necessary to distribute state funds enforcing state and local laws. For that are already encumbered or example,the Legislature should closely statutorily appropriated to local monitor whether local units of governments are distributed as statutorily government incur additional enforcement scheduled or in the absence of a statutory and/or prosecution costs as a result of the payment schedule, are released in a recently reduced driving while intoxicated predictable and timely manner in the (DWn threshold. The state should event of future shutdowns. provide the necessary funding to compensate local units of government for The Legislature should also pass related cost increases. Solutions that legislation that allows existing licenses of should be considered include• public employees to be continued during � any future state government shutdown . Increasing fine amounts. and should identify additional areas,such • Removing or modifying county as electrical and plumbing inspection and and state surcharges that conflict plumbing plan review,where local with cost recovery principles. governments could reasonably step in to . Requiring the courts to consider handle the inspections, review,and ordering restitution from the approval necessary for local projects to defendant to reimburse the costs of move forward,and allows work on enforcement and prosecution as approved projects to continue in state part of any sentence based on rights-of-way. ability to pay. 2012 City Policies 3 • Requiring that if a court reduces conclude, by negative implication, that this the amount paid by a violator,any subd. 2a does apply to the conservation reduction should be made from the easements and conservation restrictions surcharge and not the�ne. created by earlier enacted statues. This conclusion is inconsistent with the language SD-6. Duration of Co�servation in Minn. Stat. § 84C.02(b)that"a Easements conservation easement is unlimited in duration unless the instrument creating it Issue: The Minnesota Marketable Title Act otherwise provides." provides that any deed over 40 years old can 'be disregarded unless the holder of the Response: The League of Minnesota interest re-records it. There is an exception Cities supports legislation that excepts for a person in possession of the property. A holders of conservation easements from recent Minnesota Supreme Court decision re-recording the easements under the said that the person in possession has to Minnesota Marketable Title Act and that show that the possession has been visible clarifies that Minn. Stat. §500.20,subd. enough to put a prudent person on notice of 2a,does not apply to conservation the interest, and that the possession has to be easements and restrictions. continuous. SD-7. Responsibility for Locating This creates issues for cities who have Private Underground Facilities conservation easements. It is difficult, if not impossible,to show actual use of the Issue: Cities are responsible for complying easement because conservation easements with state pipeline safety regulations that are passive easements, not active ones.As a hold cities responsible for locating and result, cities will have to re-record the markirig private service laterals that connect easements every 40 years in order to in public rights-of-way to city sanitary and maintain them. That will be an storm sewer, water, and district heating administrative nightmare. systems. Additionally, Minn. Stat. § 500.20, entitled Cities are very concerned that damage to "Defeasible Estates,"provides in subd. 2a private service laterals within the public that private covenants, conditions or right-of-way continues. This is due, in part, restrictions that affect the title or use of real to the construction methods being utilized estate cease to be valid 30 years after the during the replacement,repair and/or date of the instrument creating them and installation of various underground utilities they may be disregarded. This provision which cross the water and sewer services was initially enacted in 1988. already present in the public right-of-way. ' Those existing underground service laterals Minn. Stat. ch. 84C regarding conservation are vulnerable to damage, particularly when easements was enacted in 1985, and Minn. trenchless construction methods are used. Stat. § 84.64 and § 84.65 regarding conservation restrictions were originally Response: In response to recent changes enacted in 1974. Because conservation to state pipeline safety rules, many cities easements and conservation restrictions are have made changes to local permitting not listed among the restrictions that are not requirements for installation of service subject to § 500.20, subd. 2a, it is possible to connections to city water mains and sewer 4 League of Minnesota Cities systems. Some cities now impose mapping to require trenchless contractors to and locating requirements for installation provide advance notice to the city or of those private services. Cities have also municipal utility of intent to use exercised their local authority to regulate trenchless construction methods and to trenchless installation of underground require them to expose or pothole all city facilities to prevent or limit damage or utilities and private service laterals that intrusion of other utilities into existing they cross or parallel. Compliance with sewer laterals and to assign responsibility this measure includes city permit to facility owners,contractors and requirements that the'drill head of the excavators for hits and damage to existing trenchless installation equipment be and newly installed private underground visible when crossing any paint marks facilities. and moving through the pothole at the depth that the city permitted the Proper installation of underground installation.At meets,cities support facilities requires that contractors measures requiring excavators to provide acknowledge and accept responsibility for and distribute copies to locators of damage and threats to public safety as a documented written requests for locates, result of loss of service and damage including a map. resulting from excavation activities. Private contractors working for builders, Cities must also have discretion not to investor-owned utilities, locate privately-owned laterals for which telecommunications and other service they have no accurate locate records and providers must construct or install not be held responsible for actions by underground utilities in compliance with excavators when the city determines not national and state regulations,local to locate such facilities. Excavators should permitting,right-of-way management be held responsible for locating and ordinances and building code protecting any private service lateral that reyuirements. is potentially impacted by excavation activities conducted on private property Cities maintain that contractors operating beyond the public right-of-way. trenchless equipment should be required to be responsible for training operators; At a minimum, cities and excavators maintaining logs regarding scope of work, should undertake reasonable efforts to providing information regarding share available information regarding the contractor name,and materials installed location of such facilities. Cities maintain and for resulting damage done to public that state law and rules must continue to or private property. Cities also support hold contractors and excavators liable for measures to assure that property owners damages resulting from their actions that in the excavation area receive advance do not comply with state pipeline safety notice of any trenchless or other measures and local permit requirements. excavation activities that could affect the quality of utility services. Notice must SD-8. Utility Relocation Under include at least one phone number for Design-Build Road Construction assistance in case of any service problems. Issue:The Minnesota Department of When engaged in such projects within the Transportation(Mn/DOT)has promoted public right-of-way,cities are authorized legislation relating to the design-build 2012 City Policies 5 construction process that would require local jurisdictions.NFPA standards 1710 private and public utilities to be responsible and 1720 pre-empt local authority and place for utility relocation necessitated by road a one-size-fits-all mandate on all cities. construction. The policy, if enacted,would create unanticipated costs for utilities owned Response: Levels of service delivery for and operated by cities. Municipally-owned fire and emergency medical services utilities would be unreasonably held to the (EMS) have always been determined by same standards as privately-owned utilities local jurisdictions.The NFPA has gone that exist in the public right-of-way. outside its authority in proposing the national minimum response,operating, Response: The League of Minnesota and staffing standards.If mandated,the Cities supports use of the design-build NFPA standards would force local procedure; however, municipal utilities governments to shift dollars from tire that exist in the public right-of-way prevention programs to fire suppression should not be penalized under this activities,potentially increasing the risk process. Municipal utilities legitimately of fire and the danger to local firefighters. exist in the public right-of-way. When a Mn/DOT construction project requires The League of Minnesota Cities opposes the relocation of utilities,the cost of any attempt to mandate standards for relocating municipal utilities should be minimum staffing levels of fire, shared equitably between the department specialized or EMS vehicles controlled by and affected municipal utilities. units of local government. The League also opposes any attempt to adopt a SD-9. National Fire Protection standard dictating or affecting the Association (NFPA) Standards response time of any fire,specialized or EMS vehicle. Issue:The National Fire Protection Association(NFPA) is an international SD-10. Fire Mutual Aid association of individuals and trade and professional organizations that deals with Issue: City and township fire departments fire and life safety. The NFPA has regularly assist each other with firefighting advocated legislation that would mandate and other response activities.This mutual two standards:NFPA 1710, Organization aid is mostly authorized by individual and Deployment of Fire Suppression written contracts with each city or township, Operations, Emergency Medical which results in a patchwork of different Operations, and Special Operations to the agreements with different provisions. Often, Public by Career Fire Departments, and each city attorney recommends different NFPA 1720, Organization and Deployment provisions. of Fire Suppression, Emergency Medical Operations, and Special Operations to the Following the Red River floods and the Public by Volunteer Fire Departments. St. Peter tornados, emergency responders NFPA standards 1710 and 1720 define (including fire departments)met and helped minimum response times,minimum fire pass a statute to govern mutual aid situations company staffing levels, initial full alarm �'�'hen there is an emergency declared by response levels, and extra alarm response mayor or governor and no written levels. Although NFPA codes and standards agreements exist. The statute,Minn. Stat. are voluntary,they are often adopted by § 12.331,provides a framework for 6 League of Minnesota Cities how worker's compensation, liability, Minnesota cities. Indian tribes are property claims, insurance, and charges extremely unique legal entities under federal between the deparhnents will be handled in law and international treaties. The new law mutual aid situations. was a broad brush authorization that did not address important issues that uniquely arise The League of Minnesota Cities Insurance when dealing with Indian tribes related to Trust(LMCIT) developed a model mutual sovereignty, insurance liability and liability aid agreement that contains the same basic limits(commonly called"tort caps"). structure far liability as the statute. Many Previous laws, such as Minn. Stat. § 626.93 cities have entered into area-wide mutual aid (authorizing tribes to act as law enforcement agreements that are similar to the LMCIT entities) explicitly addressed these concerns. model agreement. To provide uniformity, Since the new law passed, interest has been there should be a statute that is similar to expressed by public safety groups and Minn. Stat. § 12.331,to govern daily individual cities in entering into joint powers fire mutual aid situations that do not rise to agreements with federally recognized Indian the level of emergencies. tribes. However, legislative guidance is needed to address concerns related to Response: The Legislature should pass a sovereignty, insurance and liability limits for statute to provide uniform provisions these agreements. when fire departments assist each other. These provisions should include statutory Response: Include in Minn. Stat. § 471.59 de�nitions and clarifications for: (the joint powers statute) language substantially similar to Minn. Stat. § • Who is in command of the mutual 626.93 that clarifies that Indian tribes aid scene. entering into joint powers relationships • Who will cover the firefighters for agree to: worker's compensation. • How liability and property claims 1) be subject to liability for its torts will be handled. and those of its officers,employees, • Who will pay for expendable and agents acting within the scope of supplies such as foam. their employment or duties arising • When fire departments will charge out of the joint powers agreement to each other for these services. the same extent as a municipality • The ability for fire departments to under Minn. Stat, ch. 466; and opt out by having a separate written agreement. 2) notwithstanding Minn. Stat. § 16C.05,subd. 7,waive its sovereign SD-11. Clarification of Joint Powers immunity with respect to claims Relationships with Federally arising from liability under the joint powers. Recognized Indian Tribes Issue: During the 20101egislative session, SD-12. Ambulance Service Costs Minn. Stat. § 471.59 was modified to allow and Liability federally recognized Indian tribes to Issue:The cost of providing ambulance care participate in joint powers agreements with has increased steadily over the last several other governmental entities, including years due in part to changes in Medicare 2012 City Policies 7 reimbursement. The federal Balanced service providers against claims. Second, it Budget Act(BBA) of 1997 made two may discourage mutual aid agreements significant changes to ambulance billing. between government- and non-government- First,the act mandated that all ambulance based ambulance service providers.Finally, services accept Medicare assignments as unlimited liability exposure threatens the payment in full;that is, ambulance services existence of small,non-government-based cannot bill the Medicare patient for any rural ambulance providers, which could unpaid balance beyond the Medicare leave large geographic areas without any payment. Second,the act mandated a ambulance service and undermine uniform fee schedule that was irnplemented emergency response to mass casualty in Apri12002.The new fee schedule incidents. significantly reduced reimbursement levels for many ambulance services. The BBA In addition,the liability exposure of inedical mandates are impacting the ability of some directors associated with ambulance service Minnesota ambulance service providers to is a concern. While medical directors of adequately fund their operations. government-based ambulance services may arguably be covered by public official The loss of revenue due to Medicare immunity, the law is unclear and should be reimbursement changes, coupled with higher clarified. insurance rates, is affecting the ability of many non-government-based ambulance Response: The League of Minnesota service providers to deliver emergency care, Cities supports federal legislation that particularly in rural Minnesota.All would: ambulance services and personnel are regulated by Minn. Stat. ch. 144E and must • Require Medicare to set comply with the same licensing,training, ambulance payment rates at the and equipment-related requirements, "national average cost" of regardless of ownership. However, non- providing service. government-based ambulance service • Require adequate reimbursement providers are treated differently from for ambulance providers. government-based service providers in terms • Establish a"prudent layperson" of exposure to liability. While government- standard for the payment of based ambulance service providers have emergency ambulance claims such specific statutory caps on damages that limit that if a reasonable person their liability, non-government-based believed an emergency medical ambulance service providers are not problem existed when the protected by such caps. Consequently,non- ambulance was requested, government-based ambulance service Medicare would pay the claim. providers have experienced inordinate • Make it easier for providers to file growth in their insurance rates. claims with Medicare by eliminating a processing system Non-government-based ambulance service that often leads to the rejection of liability exposure is a concern for three legitimate reimbursement claims. reasons. First, municipalities that contract for ambulance service may be required to The League also urges the Legislature to purchase excess liability coverage in order extend the protection of the state and to protect non-government-based ambulance municipal Tort Claims Act to,at a 8 League of Minnesota Cities minimum,licensed third parties that Cities seeks authority for cities to charge contract with a municipality to provide fees that are reasonably related to the cost ambulance services. The League also of providing the service,permit or license. supports insuring the applicability of The League opposes legislation that public official immunity to medical would require specific methods to pay for directors in the course of ambulance city services or would place caps on city service activities. fees. SD-13. Fees for Service 5D-14. Providing Information to Citizens Issue: While general services—such as permitting, inspections or enforcement—are Issue:To keep the public updated and typically funded out of a city's general fund, informed, state law requires local units of cities often impose fees to cover the cost of government to publish various official providing certain services, permits, and notifications and documents in newspapers licenses. and often dictates which newspapers receive cities' publication business. The number and The Legislature and interest groups often variety of documents that cities are required seek to mandate or preserve fee limitations to publish and the costs of publication are for city services. Over the last several years, burdensome. In a time when the media and the Legislature has enacted a number of new newspaper industry continues to experience laws designed to rigorously control local significant changes and declining fee-setting authority. Examples of such subscriptions,technological advancements mandates include placing limits on coin- have expanded options cities can use to operated amusement machine license fees, provide information to citizens, and citizens on-sale and off-sale liquor license fees, are demanding and expecting it.These new license fees for retailers selling fireworks, technologies are often more efficient,widely deputy registrar fees and planning and and easily accessible and cost effective. zoning fees. The state also requires cities Current state law regarding public access to that collect more than$5,000 in city codes of ordinances should also address development-related fees each year to these changes in how citizens,the private annually report all construction and sector and other entities have access to development fees to the Department of alternatives to existing news publications to Labor and Industry. In addition,the obtain official government notices, Legislature adopted a law defining"tax"to documents and information they seek. mean any fee, charge or assessment imposed by a governmental entity. This provision Response: Cities should be authorized to requires that fees or charges which meet the take advantage of new technologies to definition of a tax must be treated as a tax increase the dissemination of information for all purpose. to citizens and potentially lower the associated costs. The Legislature should Response: While the state has a role in give local units of government discretion providing a general,statewide funding to designate an appropriate daily/weekly policy,the state should not interfere in the publication; authorize cities to use decision-making functions performed by alternative means of communication such cities when setting city budgets to provide as city newsletters,cable television,video city services. The League of Minnesota streaming,e-mail, blogs and city web 2012 City Policies 9 sites; and expand the use of summaries property as"special assessments."Under where information is technical or lengthy. Minnesota case law, special assessments are Cities should also be authorized to limited in amount to the increase in market publish and provide public access to local value to the property resulting from the codes of ordinances on a website improvement—the so-called"special benefit accessible to the public and to post rule."However, actions taken by a city revisions and changes to city codes, which result in unpaid charges—like resolutions,and rules on the city website, nuisance abatement or ice removal—are when feasible. Additionally,the unlike a traditional special assessment for a Legislature should eliminate outdated or construction project in that they are not unnecessary publication requirements. likely to demonstrably increase fair market value;they are simply items the Legislature SD-15. Special Assessment has determined a city may charge a property Procedure owner who fails to perform or pay for the service. In 201 l,the Court of Appeals found Issue: The special assessment process in that a city assessment for the removal of a Minn. Stat. § 429.061 establishes discrete nuisance from a parcel of property timelines and procedures for an individual constitutes a regulatory service fee collected who chooses to challenge a special under the city's police power. Such an assessment.An individual can formally assessment is reasonable and is not subject object to the assessment through a signed, to the special benefit rule. written objection that is either filed with the city clerk prior to the assessment hearing or Response: The League of Minnesota is presented to the presiding officer at the Cities supports revising Minn. Stat. § assessment hearing. When the challenge is 429.101 to clarify that the collection of presented to the presiding officer at the unpaid service charges and removal of hearing, the city council and staff are nuisances may be reasonably assessed as frequently unable to respond immediately to regulatory service fees, not subject to the the objections. special benefit rule. Response: The statute governing the SD-17. Administrative Fines for special assessment process should be Code Violations amended to require objections be �led with the city clerk no later than ten Issue: Many statutory and home rule charter business days following the date notice cities have implemented administrative was sent to the registered owner of enforcement programs for violations of local record. regulatory ordinances such as building codes, zoning codes, health codes, and SD-16. Recovering Property public nuisance ordinances. This use of Maintenance Costs administrative proceedings has kept enforcement at the local level and reduced Issue: Collection of unpaid special charges pressure on over-burdened district court through Minn. Stat. § 429.101 for services systems. Cities using administrative such as weed removal use the collection enforcement processes experience a lower mechanism for special assessments but also cost of enforcement and a quicker resolution refer to these assessments against the to code violations. 10 League of Minnesota Cities Minnesota statutes expressly provide the to provide taxpayers with the best value for authority for all cities to utilized their dollar and ensure integrity in the administrative enforcement of local codes process. However, imposing these statutory enforcement of liquor license and tobacco requirements may, at times,result in license violations. political subdivisions paying more for goods and services than private entities under the In 2009,the Legislature amended Minn. same circumstances. Stat. ch. 169,the chapter of law pertaining to state traffic regulations,to allow cities The Legislature recognized the benefits and counties to issue administrative citations associated with alternative purchasing for certain minor traffic offenses. Since the methods when it amended municipal passage of the 2009 administrative traffic contracting law in 2004 to authorize the use citations law, some people have questioned of reverse auctions to purchase supplies, whether administrative citations for non- materials, and equipment. Similarly, other traffic, liquor, and tobacco license code contracting procedures, including"design- violations can be legally issued by statutory build"and direct negotiation are proven cities given that state law does not expressly alternatives to the formal bidding process. provide authority on other code matters. Authorizing broader use of these types of alternatives as the Legislature did in 2009 by Response;The League of Minnesota authorizing a design-build pilot program, Cities continues to support the use of city would enhance the ability of cities to make administrative fines for local regulatory appropriate and fiscally responsible ordinances,such as building codes,zoning purchasing decisions. codes,health codes,public nuisance ordinances,and regulatory matters that Response:The League of Minnesota are not duplicative of misdemeanor or Cities supports broader use of alternative higher level state traffic and criminal contracting and purchasing methods that offenses. The Legislature should clarify streamline the process and reduce local that both statutory ad home rules charter purchasing costs. Specifically,the League cities have the authority to issue supports authorizing cities to use the administrative citations for code design-build procedure and providing violations. Further,state statute should municipalities with broader authority, allow statutory and home rule charter similar to that of private businesses,to cities to adjudicate administrative directly negotiate contracts. The citations and to assess a lien on properties Legislature should establish a task force for unpaid administrative fines. to review municipal contracting laws,and consider contracting and purchasing SD-18. Contracting and Purchasing reforms that give cities the flexibility to provide quality goods and services at the Issue:Minnesota statutes stipulate lowest cost to taxpayers. contracting and purchasing requirements for Minnesota cities. The law prescribes the SD-19. City Enterprise Operations process political subdivisions must use to make purchases and award contracts, and Issue:Historically, city enterprise requires a competitive sealed bid procedure operations have been created in response to for contracts or purchases over$100,000. community needs, lack of a private market, The intent of these statutory requirements is financial reporting requirements, state and 2012 City Policies 11 federal mandates,to enforce state and local The process of adopting state law based law, and to ensure a quality of life for the on good public policy is best upheld and residents of a community. Establishing an supported by increasing the enterprise operation allows a city to provide accountability and responsiveness of the a desired service while maintaining financial legislative process,not by circumventing control over service levels, costs, and public it. Presenting complex issues to voters in inputs. the guise of direct democracy further weakens representative government. In some cases, enterprise operations produce general public benefits and may require A state constitutional amendment to public support to ensure a desired level of provide for initiative and referendum service at a reasonable cost.The benefits of subjects cities and their residents and an enterprise operation, therefore, should be taxpayers to the unintended outcomes of evaluated not solely in terms of profitability sometimes unwise attempts to place but also on the service benefits to citizens of significant public policy decisions into the the community. hands of special interests that can raise unlimited funds for the purpose of Response:The League of Minnesota promoting their more narrow interests. Cities supports the local decisions made by cities to deliver services by establishing SD-21. Civil Liability of Local a city enterprise operation. The state Governments should refrain from infringing on the ability of a city to provide services for its Issue: One of the barriers to the delivery of community. governmental services and programs is the exposure of local governments and their SD-20. Initiative and Referendum officials to civil damage claims. The state has acted to protect itself and its local Issue:The Legislature has frequently governments by enacting exceptions and considered legislation to establish initiative limitations to liability suits, and authorizing and referendum by proposing to place a self-insurance and other mechanisms to deal question for voter approval on the state with claims allowed by law. general election ballot to amend the state constitution to allow voters to initiate or Response: The League of Minnesota repeal state laws by submitting a petition Cities supports: which would cause such questions to be placed on the state general election ballot. . Creating an exception to municipal tort indemnification law,Minn. Response: Cities strongly support our Stat. § 466.07,where an employee representational system of governance is defended and indemnified for and,therefore, oppose amending the state claims under a contract of constitution to provide for initiative and insurance carried by the employee. referendum.The Legislature is the . Extending the protection of the appropriate governing body to consider state and municipal Tort Claims and enact public policy that reflects Act to quasi-governmental entities statewide interests. when performing public services such as �refighting or licensed third-party ambulance providers 12 League of Minnesota Cities that contract with a municipality the U.S. Supreme Court's decision to provide ambulance services. upholding the ability of local governments • Existing constitutional safeguards to use eminent domain for economic for protecting public and private development purposes,the Legislature property interests without any enacted significant restrictions on cities' use statutory expansion of property of eminent domain for economic rights. development and redevelopment, and • Clarifying and maintaining the imposed new compensation and procedural applicability of municipal requirements that apply to all condemnation immunity in various areas, actions, including those for traditional public including,but not limited to, uses such as roads, parks, and schools. vicarious official immunity and Legislation to control cities' abilities to park and recreational immunity, perform regulatory acts—such as road including the extension to entities rights-of-way condemnation, shooting range providing a public service that zoning, and amortization—has also received have not traditionally been strong support from legislators. In addition, included within the immunity(e.g., some legislators would like to authorize state trails over municipal utility businesses to seek inverse condemnation easements). when a governmental entity enters the • Preserving recent changes to business market and provides competing Minnesota's joint and several goods or services or limits the number of liability laws that require a businesses that can operate privately or municipality to be at least 50 receive public contracts. Finally, bills have percent at fault to be held been introduced to codify the property rights responsible for 100 percent of a section of the Minnesota Constitution. damage award. • Reasonable limits on the amount The League of Minnesota Cities supports and circumstances in which local governments' ability to balance the statutory attorney fees may be rights of private landowners with the awarded in order to encourage interests of the public. The League, settlement by all parties and however, is concerned that aggressive decrease the likelihood of efforts by property rights advocates to limit litigation. local government authority, or require • Preserving the essential structure compensation for regulatory actions that of the local government tort impact private property, will adversely liability caps in Minn. Stat. § impact cities in four ways. 466.04. First, such legislative initiatives threaten a SD-22. Private Property Rights and �'�'ide array of planning, environmental, historic preservation, and land conservation Takings measures and undermine the fundamental responsibility of cities to protect the public Issue:The Legislature has considered an health, safety, and welfare of its citizens. increasing number of bills designed to Second, recent changes to Minnesota's diminish or limit local governments' ability eminent domain statute create uncertainty in to exercise traditional planning,zoning, and the law that will delay resolution of eminent domain authority. In the wake of condemnation cases, cost taxpayers more for 2012 City Policies 13 public projects, and make it more difficult The League supports legislation that: for cities to assemble the parcels of land needed to facilitate critical development and • Authorizes cities to use eminent redevelopment projects. Third, allowing domain for economic development businesses to seek inverse condemnation and redevelopment projects that when a city provides competing goods or advance a greater public good that services or limits the number of private benefits the community. operators would discourage cities from • Empowers local elected of�cials to undertaking public-private partnerships, determine whether a such as organized collection of solid waste particular taking of property to manage flow, addressing public safety serves a public purpose. concerns, and minimizing wear and tear on . Creates incentives to encourage local infrastructure. Fourth, if the landowners to voluntarily sell their Legislature acts to codify part of the property to the public for Minnesota Constitution, an argument could development or redevelopment. be made that the Legislature intended to create new causes of action against cities. SD-23. Organized Solid Waste This would encourage more lawsuits and Collection expose cities to the expense of defending those cases. Issue: "Organized collection" is the term used to refer to a situation where a local unit Response: State law must continue to of government, for any of a variety of provide cities with the tools needed to reasons, decides that there is a public balance the rights of private property interest served by limiting the number of owners with the interests of the public. solid waste and recycling collection services The League of Minnesota Cities opposes available in the area. The reasons for legislation that diminishes the ability of implementing organized collection can vary, cities to act in the best interest of the but include: health,safety,and welfare of its citizens; that increases the cost of doing business . Public safety concerns caused by the for the public good; or that creates the number and frequency of large trucks possibility of additional lawsuits against moving quickly through residential cities. neighborhoods. • Reducing wear on public infrastructure Specifically,the League opposes from heavy truck traffic. legislation that: . Improving the efficiency, cost and • Allows businesses to seek inverse quality of garbage and recycling service provided to local residents. condemnation when a city . Cooperating with other local provides competing goods or services,or limits the number of governments to best meet solid waste private operators. management and recycling objectives. • Creates an automatic cause of • Taking local steps to reduce energy action for damages any time a impacts of public services. local regulatory action impacts the • Meeting the requirements of county use or reduces the value of private ordinances and solid waste management property. 14 League of Minnesota Cities plans as required under Minn. Stat. efficiency benefits of organized collection § 115.94. can be documented. Organized collection is also encouraged in Response: The League of Minnesota state solid waste policies as a means of Cities opposes efforts to apply inverse improving the efficiency and coordination of condemnation claims to city solid waste solid waste management between local units contracting decisions. of government. There are very specific public procedures laid out in statute defining Further,the League supports the current how such a decision must be publicly vetted state policy that organized collection is a and approved and over what time period that valuable tool as part of a comprehensive can occur. � solid waste and recycling management program and recognizes the need to Despite all of these important and valid protect and preserve the authority of reasons for using organized collection, cities to adopt solid waste service legislation has been discussed in several contracts that protect public safety,the recent sessions that would allow special environment and public infrastructure. takings claims by the solid waste industry if local governments make decisions that limit SD-24. Private Well Drilling the number of companies that can collect garbage in a community in a manner that Issue:The state has continued to place prevents a company currently operating in requirements on public water supply the community from continuing to do so providers to add drinking water treatment through the implementation of organized and testing,to restrict the volume of water collection.The unspecified and ongoing used, and to increase the cost of water use liability this change would create would through fees and requirements on utility rate have the effect of eliminating organized structures. As a result,many water users are collection as a waste management option. choosing to obtain all or portions of their This change would also create a virtual water from wells they place on their own monopoly situation for any company property. This creates risks to public health awarded a solid waste contract under and safety, can affect the surrounding organized collection. The local unit of environment, can affect city water supplies, government would have to"buy ouY'a and can leave city water utilities with contractor in the future to change providers, massive losses of customer load and rate even if their services were no longer the revenue. The Minnesota Department of lowest bid. Furthermore,this is a precedent Health (MDH)has claimed that cities have that, if applied to other government no authority to prevent private wells from purchasing and service contracting being installed and operated. decisions,would clearly run counter to the public purpose of government providing Though MDH emphatically disagrees that services at the lowest feasible cost to cities have the authority to prohibit private taxpayers. wells by ordinance in the city boundaries, state law and case law find otherwise. This issue has generated sufficient MDH's position is out of line with long controversy that the Minnesota Pollution standing statutory city police power and Control Agency is currently conducting a zoning power. Case law finds such authority study to attempt to determine whether essential to protect the public health and 2012 City Policies 15 safety.Providing clean, safe drinking water Rules do not make sense for the community to citizens is an essential service provided served by a public airport. by 726 active municipal water systems. MDH ties cities hands by refusing to Response: The League of Minnesota recognize that cities must protect the public Cities supports efforts to protect the water supplies from numerous private wells safety and property of people living and in city boundaries. Private wells in a city working near public airports. The League increase the risk of contaminating public also recognizes that the Minnesota Rules water supplies and encourages over use of related to public airport zoning standards water. Cities have the authority to regulate exceed the FAA's and other states' and even prohibit private wells by local standards and,thus,needlessly infringe ordinance. on local control.The League supports changes to Minnesota Rules pertaining to Response: The League of Minnesota airport zoning standards that will more Cities supports current law that closely align Minnesota's Rules with those authorizes cities to protect public health in other states,while at the same time and safety through local controls retaining local authority to be more regulating or prohibiting private wells restrictive than the Minnesota Rules. being placed within municipal water utility service boundaries and would SD-26. Sustainable Development oppose any changes to law to remove that authority. Issue:Minnesota cities spend significant time and resources planning for growth, SD-25. Airport Safety Zones development, and redevelopment that will best serve the future needs of their residents. Issue.•The field of aeronautics is regulated Numerous factors are considered as part of generally by Minn. Stat. ch. 360 and Chapter that process, but an area of increasing 8800 of the Minnesota Rules. Land use interest involves concepts often categorized safety zones and other public airport zoning as"sustainable development."Minn, Stat. standards are established in Minnesota Rules § 4A.07, subd.l(b) defines this term, as it Chapter 8800.2400, and are adopted by local pertains to local government,to mean airport zoning regulations that are submitted "development that maintains or enhances to the Minnesota Department of economic opportunity and community well- Transportation(Mn/DOT)commissioner for being while protecting and restaring the review and approval before adoption. natural environment upon which people and Airport safety zones are intended to restrict economies depend. Sustainable land uses that may be hazardous to the development meets the needs of the present operational safety of aircraft using the public without compromising the ability of future airport, and to protect the safety and generations to meet their own needs." property of people on the ground in the area near the public airport. Cities play a key role in fostering sustainable development and other While some of the provisions included in the conservation practices due to their role in Minnesota Rules are required by the Federal land use planning and zoning, stormwater Aviation Administration(FAA), other and wastewater management, and local provisions go well beyond the federal economic development. Local governments requirements. In some cases,the Minnesota can take a lead on these issues by choosing 16 League of Minnesota Cities to incorporate aspects of sustainable policies regarding land use and related development into their local operations and issues. Providing technical assistance and facilities.They can also develop local �inancial incentives,and streamlining policies and regulations that support and regulations to encourage local guide individual and private sustainability governments and private property owners efforts. The ability of a city to affect these to engage in sustainable development changes can,however, be restricted by practices,as well as assisting in education policies and requirements imposed by other and information efforts for the building levels of government. industry and the public,are the best means to generate successful results. Sustainable development initiatives can These programs should focus on cover a wide range of issues, but share the outcomes,allowing flexibility in how to benefit of lessening the future environmental best meet those outcomes in different impacts of communities on the land, air, and locations and situations. The League water in their area. Lakes, streams, rivers, opposes mandates that limit the authority wetlands,wildlife habitat, shoreland areas, of cities to determine what practices will and other natural resources can be protected best meet the needs of their communities. and enhanced in quality through local efforts. Energy efficiency and renewable The League supports sustainable energy production reduce the energy development efforts that meet the above demands of a community and the criteria, including programs proposed in environmental impacts of energy the following areas: production. By more efficiently using public infrastructure and minimizing resource • Shifting public resources,services, consumption,the costs to individuals, investments, purchasing power, business, and government can be reduced. and procurement toward more New and expanded business and job economically and environmentally opportunities are also generated by the sustainable outcomes where those "green"products and services needed to solutions are cost effective and implement sustainable development appropriate. initiatives. The ideal result of well-planned • Using local land-use planning and sustainability, natural resources zoning to protect and enhance management, and conservation efforts is a limited natural resources, and city that is more efficient in the use of its reduce the impacts of growth and resources and infrastructure, creates fewer development on local environmental problems for future infrastructure. generations to address, and is a more . Promoting efficient and renewable desirable home for residents and businesses. energy sources. • Encouraging sustainable building Response: The League of Minnesota design,construction,and Cities supports federal,state,and operation strategies focused on regional efforts to promote sustainable integrated design,energy development where the effectiveness of efficiency,water conservation, the proposed practice is supported by stormwater management,waste sound science,and as long as those efforts reduction,pollution prevention, do not supersede the authority of local indoor environmental quality,and governments to determine their own 2012 City Policies 17 the use of low-impact building In the past,the Construction Codes materials and products. Advisory Council (CCAC) and the Builders' • Supporting sustainable economic Association of Minnesota(BAM)have development,such as brownfield indicated an interest in legislation to require clean-up,on-site stormwater statewide enforcement of the building code. management,and sustainable The CCAC expired June 30, 2003, but the business practices and re-establishment of the CCAC during the technologies. 2007 session and changes made in 2008 • Assisting and recognizing local could renew interest in statewide governments that take actions to enforcement of the building code. reduce greenhouse gas emissions and increase energy efficiency by Disputes concerning code development have providing and identifying technical led to efforts to either repeal the assistance,financial assistance, International Mechanical Code or create a and best practices. new board with the authority to adopt, administer, interpret, and enforce SD-27. Construction Codes mechanical codes in Minnesota. Such proposals undercut efforts to adopt a single Issue:Each year,the Legislature addresses set of compatible codes,which help provide construction codes issues that have some for mare efficient compliance, impact on local governments, such as administration, and enforcement of statewide enforcement of the State Building construction regulations. Code, disputes related to code development, and code official training and education. While a single set of coordinated codes helps provide consistency in code While all cities must enforce certain codes— administration and enforcement, such as the accessibility code and the implementation of sustainable building bleacher safety code—the state's building design, construction, and operation does not code remains a local option for cities under readily integrate with the existing state 2,500 population that are located in a non- building and energy code system. As a metropolitan county where voters have result, many cities are interested in adopting approved an exemption from the state more aggressive local standards for building code and that did not adopt the sustainable development and conservation. code before Jan. 1, 2008. Many greater Minnesota cities have adopted the State Finally,the Legislature has directed the state Building Code, and all cities within the Construction Codes and Licensing Division seven-county metropolitan area are required to develop competency criteria and to adhere to the State Building Code. continuing education requirements for all construction code inspectors. While the Legislation passed in 2008 now makes the Legislature supports greater training and State Building Code the standard that education requirements for local code applies statewide for the construction, officials, it has, at the same time, redirected reconstruction, alteration, and repair of the excess building permit surcharge dollars into buildings and other structures of the type the general fund to help balance the state's governed by the code. The changes do not budget rather than making these funds require enforcement by municipalities that available for code related research and are not currently enforcing the code. training. 18 League of Minnesota Cities Response:A building code provides many Cities that have adopted the State benefits,including uniformity of Building Code endeavor to provide construction standards in the building quality code administration and industry,consistency in code enforcement. The League supports the interpretation and enforcement,and life- development of coordinated construction safety guidance. codes and additional enforcement tools that help local officials efficiently A statewide-enforced building code may administer and enforce construction have benefits,but requiring it would regulations to protect the heaith and result in an unfunded mandate. The safety of citizens in their jurisdictions. In enforcement of a building code can be addition,the League urges the state to cost prohibitive for many cities due to the make surplus revenue from the building expenses and overhead related to staffing permit surcharge available to local versus the limited building activity governments to help defray the cost of occurring in some communities. complying with code official training and education requirements. The League of Minnesota Cities supports adoption of a state building code as long Finally,the state should collaborate with as there is not mandatory enforcement at local governments,construction industry the local level. The adoption of an representatives,and other stakeholders to enforced state building code should review the building and energy codes and remain a local option for municipalities consider modi�cations to encourage under 2,500 population that are located in sustainable building design,construction, a non-metropolitan county where voters and operation. For purposes of federal have approved an exemption from the conformity,the state should adopt the State Building Code and that did not International Energy Conservation Code adopt the code before Jan. 1,2008,unless as part of the State Building Code. The the state fully funds the costs of state should also include the International enforcement and inspection services Green Construction Code as an `optional necessary to enforce a statewide building appendix' to the State Building Code to code. In the event that the Legislature allow cities to utilize appropriate parts of requires an enforced statewide building those guidelines in their communities. code,local governments must have the The state should also develop components option to hire or select a building official in the building inspector training of their choice and set the appropriate program to ensure inspectors are familiar level of service—even if the state fully with these practices and technologies. The funds code enforcement activities. Legislature should authorize cities to experiment with more aggressive local To the extent the insurance industry is standards for sustainable development concerned about insuring structures not and conservation that will help inform the built to code,the industry should drive state code development process. code compliance by issuing policies or setting rates based on whether the SD-28. Residential Sprinkler structure meets various code Requirements requirements. Issue: The International Code Council (ICC)voted to add a fire sprinkler provision 2012 City Policies 19 to its 2009 International Residential Code should not be penalized for calling the (IRC). This provision will require fire police, current state law should be clarified sprinkling in all one and two family homes to allow cities to take effective action to and townhouses built beginning January l, obtain cooperation of the owner or manager 2011. Since Minnesota amends and adopts of the rental property that demands the ICC codes to form the Minnesota State significant public resources. In many Building Code, the state will review the fire instances,repeated police calls can indicate sprinkler provision for possible inclusion an inattentive property owner or property when it adopts the IRC in 2012. management company. Response: If adopted,the new fire Response: The Legislature should clarify sprinkler requirements will have an that cities are authorized to adopt rental impact on cities and Minnesota residents. housing licensing requirements that This is a multifaceted issue and needs to mandate rental housing owners and be thoroughly discussed through the managers mitigate disturbances by Department of Labor and Industry(DLI) tenants whose disruptive actions are code adoption process. More information detrimental to other tenants or the and outreach is needed to educate cities surrounding neighborhood and allow and their residents on the sprinkler cities to recover reasonable costs requirement. associated with providing additional assistance along with provisional licensing During the adoption process,DLI and requirements. stakeholders should discuss and take into consideration the need to train building SD-30. Disability Access officials to inspect sprinklers,the Requirements potential burden on a city's water supply, effect on a city's fire suppression rating, Issue:Title II of the Americans with impact on insurance premiums,and Disabilities Act(ADA) of 1990 requires that impact on the current standards for state and local governments provide people construction materials and sprinklers. with disabilities equal opportunity to benefit from all of their programs, services, and SD-29. Limits on City Rental activities. Public entities are not required to Housing Licensing take actions that would result in significant financial and administrative burdens, but Issue: Evidence exists in some communities they must modify policies, practices, and that problem rental properties consume a procedures to avoid discrimination unless disproportionate amount of city resources they can demonstrate that doing so would and negatively impact the safety of other fundamentally alter the nature of the service, tenants,the neighborhood, and property program, or activity being provided. values of neighbors. State and local governments are also Cities face circumstances in which required to follow specific standards when consumption of public resources in response constructing new facilities and altering to repeated calls for emergency response to existing public buildings, and they must incidents that take place on residential rental relocate programs or otherwise provide properties cause serious policing and budget access in inaccessible older buildings. Under issues. While cities agree that tenants the ADA, public entities are not necessarily 20 League of Minnesota Cities required to make each existing facility each individual aspect of a public accessible. However,their programs—when program or service. viewed in their entirety—must be readily accessible to people with disabilities.A SD-31. Restrictions on Possession of public entity may achieve program Firearms accessibility through various methods. For example, a city may alter existing facilities, Issue:The Minnesota Citizens Personal acquire or construct new facilities,relocate a Protection Act, also known as"conceal-and- service or program to an accessible facility, carry,"prohibits guns on most school or provide services at other accessible sites. properties but forbids other local units of government from prohibiting loaded In a recent district court decision,the court firearms on their properties. The took an expansive view of disability access inconsistencies in the law's treatment of requirements for public recreation facilities. different kinds of properties have caused The case involved a parent who sued a city confusion about how the law applies to due to difficulty viewing soccer and baseball multi-use facilities, such as municipal ice games on certain city fields. The court, in arenas used for school-sponsored programs. interpreting the Minnesota Human Rights The recent shooting in the Morrison County Act(MHRA),held that any public facility is Government Center also shows the harm a public service. Since the MHRA requires that can result from preventing local control that every public service be accessible to of their own facilities. disabled persons,the court concluded that each and every playing field and other Further,the law gives private property public facility must be fully accessible. The owners the right to prohibit guns in their court rejected the ADA's limitations on establishments, but prohibits landowners modifications for physical access to older from restricting firearm possession by facilities, as well as the ADA's"when tenants and their guests without viewed in its entirety" language for program distinguishing between residential and access. The result is a more restrictive state commercial properties. This creates standard for physical access to public confusion for shopping malls and other retail facilities than required by the ADA and the properties with large common areas that are State Building Code. not occupied by the tenants but which the tenants and their customers must cross to Response: The League of Minnesota access the tenant's space. Cities supports changes to the MHRA that will make state accessibility Response: The League of Minnesota standards compatible with the federal Cities requests an amendment to the ADA for public services and facilities. Citizens Personal Protection Act that The Legislature should clarify that a would allow cities to prohibit handguns in facility that is in compliance with city-owned buildings,facilities,and parks. handicap access provisions of the State The League is not seeking a repeal of the Building Code meets the physical access Citizens Personal Protection Act,nor requirements of the MHRA. State law authority to prohibit legal weapons in should also specify that access parking lots or on city streets and requirements apply to public programs sidewalks.The League also supports and services as a whole, rather than to efforts by commercial property owners to clarify that the prohibition on restricting 2012 City Policies 21 possession by tenants and their guests 911 public safety answering points(PSAPs), applies only to residential rental property. and interoperable radio communications equipment and subsystems in order to SD-32. Creating a Minnesota GIS finance the build-out of the state backbone for the new system.As a result, fees were Issue:Cities recognize geographic directed to fund revenue bond debt service information systems(GIS) as an essential used to complete the statewide build-out of tool for comprehensive land use, real estate, the Allied Radio Matrix for Emergency environmental, law enforcement and other Response(ARMER)and the cost of management and planning information. In operations of the state public safety radio counties where maintenance of official land communications backbone. records has not been automated barriers to GIS development continue. In addition,the At the federal level, the Federal start-up costs of GIS implementation can be Communications Commission(FCC)has prohibitive. Cities and counties have ordered reservation of 700 MHz wireless increasingly found mare opportunities to spectrum for a national interoperable cooperate in developing applications for use broadband network to meet public safety of GIS at the local level. communications needs. But no successful proposal for development of such public Response: The Legislature should safety uses has been forthcoming. encourage local government implementation of GIS through grants Response: The League of Minnesota and an exemption from the state sales tax Cities supports continued and increased for capital equipment and from levy state fnancing of substantial local costs to limits for costs associated with such participate in ARMER,including the activities. In addition,cities should be acquisition and modernization of involved in the development of county subscriber equipment,such as portable land records modernization plans. and mobile radios required for ARMER users. The League also opposes efforts to SD-33. Pub11c Safety divert dedicated ARMER funds to the CommuniCations state's general fund.The Legislature should fund regional cooperation and Issue: The state role in financing public partnerships for effective delivery of 911 safety communications has important cost service,training and use of ARMER. implications for cities. The state needs to accept financial responsibility for use by The League also urges the FCC to cities of the state public safety radio continue to support availability of communications backbone. Cities have wireless spectrum necessary to expand struggled to pay high expenses to participate channel capacity that allows local public in the 800 MHz statewide public safety safety agencies to meet future needs of system. cities and other local units of government. In previous state budgets, the Legislature SD-34. CriMNet turned to revenue sources upon which cities depend to cover costs to purchase and Issue:Public safety is compromised by the operate new communications technology lack of centralized, complete, and accurate and hardware for computer-aided dispatch, criminal history data about individuals, 22 League of Minnesota Cities incidents, and cases. Without an integrated if CriMNet is to be implemented criminal justice information system, statewide,the Legislature must consider Minnesota cannot always hold serious the different capacities of municipalities criminals accountable for their crimes. to participate. The League requests that CriMNet,Minnesota's effort to integrate the the Legislature fund CriMNet planning 1,100 criminal justice information systems and implementation at the local level. operated by agencies at all levels,will improve access to relevant criminal history To ensure compliance with the MGDPA, data for public safety and criminal justice comprehensive guidelines and operational authorities. practices should be implemented to safeguard access to and use of CriMNet City officials are well aware of the complex data.However, data practices policies issues raised by the utilization of electronic should not create new, unfunded record keeping, data sharing, and access to mandates for local units of government or records that identify data subjects. The compromise CriMNet's usefulness to the League of Minnesota Cities recognizes that criminal justice system by creating one of the challenges in making CriMNet unnecessary barriers. CriMNet operational is meeting the requirements of stakeholders and participating users at the Minnesota Government Data Practices the local level should be involved in Act(MGDPA). crafting any legislation that would govern data practices requirements for CriMNet. More than 500 cities operate police departments.These departments vary SD-35. Pawn Shop Regulation and dramatically in fiscal capacity, staffing Use of the Automated Pawn System resources, and technical expertise. Further, (APS) each municipal law enforcement agency has unique operating procedures, strengths, and Issue: Minn. Stat. ch. 325J enables licensure needs based on the community it serves. The for pawnbrokers and provides statewide League knows CriMNet will have a minimum regulations for the pawn industry. significant impact on municipal police Specifically, the law: business practices, and could mean increased staffing needs,training, and . Requires pawnbrokers to record all equipment purchases.The League also transactions, including details of the item recognizes that every agency must pawned or sold, information about the participate fully in CriMNet to make the customer and the cost of the transaction. system effective. . Requires pawnbrokers to maintain Response: The League of Minnesota records of all transactions for three Cities supports efforts by the state to years, and to make records available integrate criminal justice information upon request to law enforcement agencies. systems. The League also supports . Allows pawnbrokers to charge a cooperation between legislators,law enforcement and corrections agents,court ma�cimum monthly interest rate of 3 officials,prosecutors,community groups, percent of the principal amount loaned in and businesses that build public support a transaction, plus a reasonable fee for for CriMNet. storage and services. Z012 City Policies 23 The Automated Pawn System (APS), a probable cause to do so,and would computerized system for tracking and eliminate the authority of local units of monitoring pawn transactions,was launched government to more strictly regulate pawn by the city of Minneapolis in 1997 and made and secondhand dealers. The legislation available to other municipalities after Minn. would also replace all current municipal Stat. ch. 325J was enacted. The purpose of licensing fees with a$0.25 per transaction the APS is to provide a tool to verify fee. compliance with current law,to help identify and minimize illegal activity, to Response:The League of Minnesota recover stolen property, and to provide a Cities supports the authority of cities to legitimate environment for consumers. regulate and license pawnbrokers,and Currently, almost 180 municipal law opposes any legislation that would remove enforcement agencies participate in the APS the authority of local governments to system as either a"query only"or enact more restrictive regulations than "contributing"member. currently exist in Minn. Stat. ch. 325J. All access to and use of information in the The League supports the authority of APS system is governed by the Minnesota cities to set licensing and transaction fees Data Practices Act. Only authorized users that would enable them to recover their have access to the data. There is no public full regulatory and enforcement expenses. access to the data. Further, data that would reveal the identity of persons who are The League supports cooperation customers of a licensed pawnbroker or between law enforcement agencies and secondhand goods dealer are private data on the pawn industry that enhances the individuals and only used for law ability to identify illegal activity and enforcement purposes. Data describing the recover stolen property. Access to property in a regulated transaction with a transaction information by law licensed pawnbroker or secondhand goods enforcement agencies is vital to dealer is public. accomplishing this goal.Further,the sharing of information through the use of Original pawn and secondhand transactions the APS is a proactive way to prevent reported to the APS carry a$1 fee, property and other crimes. regardless of the number of items involved. All subsequent updates ar corrections to SD-36. Compensation and transactions are processed without charge. Reimbursement for Public Safety Contributing jurisdictions may also add Services regulatory costs to the transaction fee. The total transaction fee is then typically Issue:Municipal public safety personnel assessed by the dealer to the customer. often respond to emergencies involving non- residents.For example, municipal fire, A bill that would weaken Minn. Stat. ch. police, and/or ambulance services may be 325J and restrict the use of the APS has dispatched to the scene of a traffic accident been introduced in the Minnesota on an interstate highway involving victims Legislature. Specifically,the legislation from other cities or states. Although cities would forbid law enforcement agents from can bill for some public safety services they acquiring customer information from pawn provide to non-residents, they have limited and secondhand shops until they have authority to collect on unpaid bills. 24 League of Minnesota Cities Cities have also found that auto insurance number of cities have expanded their policies vary when it comes to coverage for administrative programs to include some emergency responses. Insurance companies offenses traditionally heard in district court, of those responsible for accidents sometimes such as minor traffic offenses. deny payment for fire and ambulance service. The increased state surcharges have not been used to assist local units of government with While emergency responses are legitimate the growing costs of enforcement and functions of municipal public safety prosecution.No matter which entity—city, departments,the costs of providing services county or state—issues a statutory citation, to non-residents should not be borne by the the violator pays between$115 and $127 for community's taacpayers. a minor speeding violation. Of this amount, the city receives between $13 and $20, and Response: Cities should be compensated the county receives just slightly more. for emergency responses they provide to non-residents. They should have the Further, when a violator requests relief from authority to bill for the full cost of fire paying the full amount of the fine and and ambulance services they provide,and surcharge, the courts have been more to collect on unpaid bills. Finally, inclined to waive the fine than to reduce the minimum auto insurance policies should surcharge. When this occurs,the local units be required to insure for the cost of of government recover no costs even though emergency responses. the city has incurred expenses. SD-37. Administrative Traffic In 2009,the Legislature amended the Citations statutes to allow administrative fines to be issued for certain minor traffic offenses. Issue:Cities have implemented Cities report that the short list of offenses administrative enforcement programs for noted in that law change does not adequately violations of local regulatory ordinances, address the needs of local law enforcement. such as building codes, zoning codes, health Additional authority is necessary to allow codes, and public nuisance ordinances. This iaw enfarcement officers to implement an use of administrative proceedings has kept effective program to reduce violations. enforcement at the local level and reduced pressure on over-burdened district court Response: The League of Minnesota systems. Cities continues to support the use of city administrative fines for local regulatory The Legislature has repeatedly increased the ordinances,such as building codes,zoning fine surcharge on district court cases to codes,health codes,public nuisance generate revenues for the state's general ordinances and regulatory matters that fund.The surcharge—the amount paid over are not duplicative of misdemeanor or and above the fin�is now$75 per citation. higher level state traffic and criminal The growth in the surcharge has offenses. Cities should have the authority dramatically increased the cost of citations to issue administrative citations for low- and has caused some to question whether the level moving and equipment violations total of the fine and surcharge is that: 1)would otherwise result in disproportionate for minor matters. To lower warnings,and 2) occur on roadways the amount imposed on their residents, a where the speed limit is 45 miles per hour 2012 City Policies 25 or less. Further,the League endorses the services where practicable and using concept that,if the recipient of an technology to reduce costs. They include administrative penalty wishes to appeal centralized payable processing, use of e- the issuance of an administrative fine for citations and restructuring of state mandated a violation before a disinterested third programs. party,the party may opt to be issued a standard traffic citation and appeal its Response: The League of Minnesota issuance before the district court. Cities supports a statement by former Chief Justice Eric J. Magnuson that calls If state leaders choose not to expand the for"an adequately funded,functioning list of administrative traffic offenses,they justice system that resolves disputes should then change the distribution of promptly in order to ensure the rule of statutory violation fine revenues so that law,protect public safety and individual cities are adequately compensated for rights and promote a civil society."The enforcement and prosecution costs. League supports the use of technology to reduce costs and preserve services. The SD-38. Justice System Funding League opposes any changes that would decriminalize local ordinances,petty Issue: Over the past several years, misdemeanors or misdemeanor offenses, Minnesota's justice system has operated or that would make prosecution of these under consecutive budget shortfalls. crimes more difficult. According to the Minnesota Judicial Branch, currently the court system is operating nine SD-39. Homeland Security Costs percent short-staffed, has a hiring freeze, and Liability and has a hold on filling some judge vacancies. Public service windows are Issue:The federal government's response to closed part of each week in many terrorism has resulted in new responsibilities courthouses. Delays in case filings, hearings for local governments in a number of areas. and dispositions are building throughout the For example, shortly after the terrorist state as staff and judges struggle to keep up attacks on Sept. 11, 2001,the federal with caseloads. The budget shortfalls limit government tapped local law enforcement the ability of the courts to process cases personnel to provide security and perform pertaining to shoplifting,trespassing, screening at our nation's airports. These new worthless checks,traffic and ordinance responsibilities increase cities' liability violations,juvenile truancy, runaways and exposure and result in higher local costs for underage drinking, consumer credit disputes, public safety services. In addition, local property-related and small civil claims, and governments are expected to continue many other cases. Timely processing of emergency planning and capacity building these cases is critical to keeping efforts, provide additional training and communities safe and to preserving the equipment for first responders, and improve quality of life residents expect. emergency response coordination and communication. The State Court Administrator has advocated for statutory changes that some As partners in protecting our country from believe would result in efficiencies and cost terrorism,the federal government must: 1) savings while preserving core services. provide greater direct financial support for These changes involve consolidating our first responders; 2)maintain funding for 26 League of Minnesota Cities general pre-and post-disaster emergency providing social services, education, and management programs; and 3) ensure a health care falls to state and local coordinated and effective national governments that are increasingly feeling emergency response system. the financial impact of both legal and illegal immigrants living in their communities. Response:The League of Minnesota Cities recommends that when the federal Response: The League of Minnesota government requires or contracts for Cities,together with the National League cities' assistance in meeting federal of Cities,urges Congress to move quickly homeland security responsibilities,the to enact and enforce effective federal government should fully cover the immigration laws. costs,including the risk of liability arising from these activities. Federal and state governments must not transfer responsibility for enforcing U.S. The League supports greater federal immigration laws to local personnel, funding to prepare,train,and eyuip our including police officers, firefighters, first responders. The League also support educators,health professionals,and social changes in the federal funding process to service employees. Finally,federal and ensure Department of Homeland Security state governments must not prohibit local funds move quickly to the local level. units of government from implementing policies aimed at fostering positive SD-40. Immigration Reform relationships between local government officials, including law enforcement Issue:The United States and the State of personnel,and immigrant communities. Minnesota have long traditions of welcoming immigrants. Immigrants SD-41. Racial Profiling strengthen Minnesota by contributing to the state's economy, enhancing cultural Issue:The League of Minnesota Cities resources, and participating in efforts to recognizes that where profiling by law build strong communities. enforcement officials exists, it must be eliminated.The League supports action by According to the National League of Cities, the State of Minnesota to fund and roughly 35 percent of undocumented implement effective and meaningful immigrants have lived in the United States responses to racial profiling that will for 10 years or more. Approximately 1.6 effectuate fair treatment of all people million undocumented immigrants are regardless of age, race or ethnicity. children, and another 3.1 million children in the United States have at least one Response: The League of Minnesota undocumented parent. These families are Cities supports efforts to ensure that all forced to live "underground"and are unable interventions initiated by law to get drivers' licenses or car insurance in enforcement of�icials be based on an most states. In addition, they are unlikely to objective demonstration of probable obtain health insurance and are afraid to cause to believe that a law has been report crimes to local law enforcement. violated. A law enforcement officiaPs decision to stop,question or detain Since immigrants are barred from most individuals will be based solely on a federal public assistance,the burden of reasonable suspicion of illegal activity and 2012 City Policies 27 without consideration of age, race or reports reveal that the annual number of ethnicity.The League supports training injuries caused by fireworks rose programs to support these goals and dramatically in 2002 and remains elevated. recommends that the state develop,fund, Likewise, Minnesota Fire Incident and present such training programs to all Reporting System records show that the law enforcement agencies in the state. annual dollar loss resulting from fireworks incidents increased significantly in 2002 and The League supports objective,well- has since grown. formulated statistical sampling by third parties under the auspices of a state- In 2003,the state enacted a number of funded study to document and analyze provisions limiting local authority pertaining law enforcement interventions,coupled to fireworks sales. The 2003 law caps the with an effective means to sanction any allowable municipal permit fee at$100 per documented instances of inappropriate vendor selling fireworks with other treatment of citizens.Additionally,the products, and $350 per vendor selling League supports state funding for video fireworks exclusively.The law restricts cameras in police cars as an incentive for cities from requiring fireworks sellers to voluntary local participation in data purchase additional liability insurance. collection efforts aimed at identifying Finally, the 2003 law states that cities cannot patterns of profiling. prohibit or restrict the display of consumer fireworks if the display and structure SD-42. Legalization of Fireworks complies with National Fire Protection Association(NFPA) Standard 1124. The Issue: In 2002,the state enacted a law NFPA is a private international association allowing the sale and use of non-aerial, non- of individuals and trade and professional explosive consumer fireworks, including organizations. (NFPA Standard 1124 is not a sparklers, party poppers, snakes, and other public document and is available only for a novelty items—relaxing the ban on fee.) consumer fireworks in place in Minnesota since 1941. In 2008,the Legislature further Fireworks products can cause serious relaxed the ban by increasing the amount of injuries and fire loss. The legal sale of explosive material allowed in legal consumer fireworks undermines fire fireworks. prevention efforts. The sale and use of consumer fireworks increases local public Local fire service professionals have safety enforcement, emergency response, reported that consumers and law and fire-suppression costs. enforcement personnel have had difficulty distinguishing between legal and illegal Response:The League of Minnesota fireworks, and that the 2002 law resulted in Cities opposes legislation that would greater use in Minnesota of illegal fireworks further relax the ban on the sale and use purchased in other states. of consumer fireworks. The League supports a repeal of the 2002 law that According to data provided by the relaxes the ban on the sale and use of Minnesota State Fire Marshal Division, consumer�reworks. injury trends and dollar losses related to fireworks incidents surged after the Fees are needed to cover the costs consumer fireworks ban was lifted. Hospital associated with compliance checks, 28 League of Minnesota Cities education,and inspections relating to the training or permits for operators of any age. sale of a regulated product.The current Further, it does not explicitly restrict the fee caps do not allow cities to recover operation of motorized foot scooters to low- these costs.The League supports allowing volume and/or low-speed roadways. cities to establish and impose reasonable fees on retailers that sell fireworks.The Use of motorized equipment on roadways is League opposes restrictions on requiring inherently more dangerous than the use of fireworks retailers to purchase additional non-motorized bicycles and is comparable to liability insurance. Finally,the League the operation of motorized watercraft. While seeks repeal of the NFPA reference. the law governing watercraft operation also requires an operator to be at least 12 years of SD-43. Traffic Enforcement age, Minn. Stat. § 86B.101 requires Cameras watercraft operators between the ages of 12 and 18 to successfully complete a youth Issue:Drivers who disobey traffic laws can watercraft safety program and to obtain a cause serious traffic accidents and contribute watercraft operator's permit.The youth to gridlock. In spite of the severity of this watercraft safety program is administered by problem, cities cannot always afford the the state, and includes a personal watercraft levels of peace officer enforcement that educational course and a testing program residents demand.The technology exists to that emphasizes safe and legal operation. enforce traffic laws with photographic evidence. For example, there is less running Response: State law should limit of red lights when motion imaging recording operation of motorized foot scooters to systems(MIRS)are installed at traffic roadways with speed limits of 30 miles signals. per hour or less. State law should require motorized foot scooter operators between Response: Local law enforcement agencies the ages of 12 and 18 to obtain an should have the express authority to use operator's permit by successfully photo enforcement technology to enforce completing a state-administered traffic laws.Local law enforcement motorized foot scooter safety program officers should have the express authority modeled after the watercraft safety to issue citations for traffic violations by program.In addition,state law should mail where the violation is detected with allow local units of government to be photographic evidence. more restrictive in regulating the operation of motorized foot scooters, and SD-44. Operation of Motorized should provide explicit authority to Foot SCOOters regulate hours of use. Issue: Current state statute pre-empts the SD-45. Electric Assisted Bicycles authority of local units of government to regulate the operation of motorized foot Issue: Cities commonly invest in scooters.The law provides that an operator recreational amenities such as parks and must be 12 years of age or older. Although trails,which provide venues for outdoor the law contains safety provisions, including activities and active lifestyles. Cities have a requirement that operators under the age of Naditionally restricted the use of motorized 18 must wear helmets, it does not require vehicles on local trails in order to preserve a safe environment for pedestrian and bicycle 2012 City Policies 29 traffic, as well as to keep the use of the trails be consistent with the federal compatible with neighboring properties. definition,and 2) specify that the vehicles are limited to two wheels. In recent years, some bicycle manufacturers . Local units of government must began producing"electric assisted bicycles". have explicit authority to restrict Electric assisted bicycles have been the use of electric assisted bicycles marketed to consumers who enjoy on their trails for reasons related traditional bicycling but seek a low level of to"public health,safety,and assistance to compensate for physical general welfare". limitations related to age or illness.Under . The measure must not preempt the the federal definition, an electrically driven authority of local units of bicycle has 1) less than a 750 watt motor; 2) government to impose and enforce functional pedals; and 3) a maximum speed speed and noise restrictions on of less than 20 miles per hour(Consumer local trails. Product Safety Act § 1512.2, paragraph(a)). • Provisions in pre-existing Electric assisted bicycles, along with golf easement agreements that pertain to motorized vehicles on trails carts,mopeds and other motorized vehicles, must be grandfathered in unless are prohibited on many city trails. the affected parties agree to a Legislation introduced in Minnesota in 2011 modi�ication that would allow the would restrict the authority of local units of use of electric assisted bicycles. government to regulate the use of electric assisted bicycles on any local trails SD-46. Methamphetamine designated for bicycle use. Response: The League of Minnesota Issue:The production and abuse of Cities supports the intent of the methamphetamine (meth) continues to be a Americans with Disabilities Act(ADA) problem for communities across Minnesota. and believes that publicly-owned Cities are facing serious issues pertaining to amenities should be accessible to all meth, including costly cleanup of drug labs, residents.However,the League also and the social problems and public safety believes that local authorities should issues resulting from meth abuse. To meet retain some discretion over the the challenges presented by the growing appropriate use of parks and trails under meth problem, cities are working with their jurisdiction. retailers to monitor the sale of precursor ingredients, and are coordinating with other The League supports legislation units of government on the impact on authorizing the use of electric assisted communities. bicycles on local trails if the following provisions are included: Response:The Legislature and state agencies must: • The measure must be limited to . provide sufficient funding to assist electric assisted bicycles (i.e. no internal combustion engines and local units of government with cleanup of drug labs. no other vehicles). . Allow local governments to be • "Electric assisted bicycle" must be more restrictive in the de�ned, and the definition must 1) development of ordinances at the 30 League of Minnesota Cities city and county level to Minnesota explicitly ban sales of drug appropriately address the needs of paraphernalia, but Minnesota does not. The their communities. current state of the law arguably makes drug • Support public education on paraphernalia easier to obtain in Minnesota methamphetamine,including than in the states immediately surrounding information to local government it. officials, retailers,schools,and health care providers. Response: The League of Minnesota • Provide training,equipment, Cities supports strengthening the current standards,and support sufficient statutory prohibition on drug to allow local law enforcement and paraphernalia,including improving the other responders to safely perform statutory de�nition of"drug their duties. paraphernalia" and explicitly prohibiting sales. SD-47. Drug Paraphernalia SD-48. Regulation of Massage Issue:Cities throughout the state struggle Therapists with local businesses selling items primarily designed to enable illegal drug use. Current Issue:The state does not currently license or state law only prohibits use, possession, register massage therapists. Massage delivery, and advertisements of drug therapists are regulated under Minn. Stat. ch. paraphernalia.The law inadequately defines 146A,which identifies prohibited provider the term"drug paraphernalia,"and leaves conduct and authorizes the Department of cities to pass more effective ordinances Health to take disciplinary action against "prohibiting or otherwise regulating the noncompliant providers. However, funds for manufacture, delivery, possession, or these purposes have been limited. advertisement of drug paraphernalia." In order to control prostitution and to Many cities have adopted their own provide for health and sanitation standards, ordinances to regulate drug paraphernalia, several cities have entered the traditional including specifically prohibiting sales. But state domain of health-care licensure by for a variety of reasons, business owners enacting ordinances that require all massage routinely challenge these ordinances as therapists to obtain a local professional unconstitutional and then successfully license.These ordinances help local law invoke virulent public outcry on that basis. enforcement officers to differentiate This experience—along with costly court between legitimate providers and challenges—discourages other cities from prostitution businesses fronting as massage taking similar steps to curb illegal drug therapy establishments. activity, and leaves most cities only able to enforce an inadequate state law. Response: The League of Minnesota Cities supports the statewide registration Most states immediately around Minnesota or licensure of massage therapists in define "drug paraphernalia" in a detailed order to aid local law enforcement efforts way based on a 1979 model federal law to control prostitution and other criminal designed to avoid constitutional issues. activity. The League opposes legislation Minnesota does not. Federal law and the law that would pre-empt the ability of cities to of half the states immediately around regulate massage therapy establishments. 2012 City Policies 31 The League supports the provision in concerns that gambling organizations will be Minn. Stat.ch. 146A and calls for more apt to ignore local regulations(such as legislation that would allow cities to spending the required percentage of lawful prosecute violations of Minn. Stat.ch. gambling expenditures in the city's trade 146A. area) if they don't need the city's approval for the renewal of their state-issued premises The League also supports legislation permits. pertaining to the practice of massage therapy that accomplishes the following: Response: The licensee should be required to obtain local approval on an annual • Helps cities establish legitimacy of basis,or at longer intervals as determined providers applying for a local by the city,and file the resolution of local license to practice approval with the Gambling Control • Prevents individuals from Board. conducting criminal activities such as prostitution out of SD-50. Liquor Liability Insurance establishments operating as Limlts massage therapy facilities • Improves provider compliance Issue: Minn. Stat. § 340A.409 requires that with Minn. Stat. ch. 146A "no retail license may be issued, maintained • Protects the public from injury or renewed unless the applicant and from other conditions that demonstrates proof of financial may result in harm. responsibility with regard to liability imposed by Minn. Stat. § 340A.801 relating SD-49. Charitable Gambling and to the sale of alcoholic beverages. The Local Control minimum limits of liability currently in statute, require 50,000 of coverage because Issue:As part of the 2009 reforms to lawful of bodily injury to any one person in any gambling statutes, some local control was one occurrence, $100,000 because of bodily removed from the lawful gambling process. injury to two or more persons in any one Previously,the lawful gambling licensee occurrence, $10,000 because of injury to or would have to obtain the city council's destruction of property of others in any one approval as part of its application to renew occurrence, $50,000 for loss of ineans of the organization's premises permit(some support of any one person in any one forms of lawful gambling require obtaining occurrence, $100,000 far loss of ineans of an organizational license and a premises support of two or more persons in any one permit(s) from the state). This step was occurrence, $50,000 for other pecuniary loss removed when the state established a of any one person in any one occurrence, perpetual organizational license and and $100,000 for other pecuniary loss of two premises permitting system. Because these or more persons in any one occurrence. licenses and permits are issued by the state, These limits have not been updated since at under the current system a city's authority least 1985 and would provide very little over these licensees is limited to: 1) relief to persons impacted by an intoxicated approval of the initial premises permit; and person. While cities can choose to require 2)enforcement of the city's lawful gambling higher limits of liability than required by ordinance. Some city officials have statute, it may create competitive imbalance 32 League of Minnesota Cities between communities if the limits are not unnecessary duplication of effort by the consistent. state, and can be a severe economic burden upon the liquor industry in the event of a Response:Thc minimum limits in Minn. state shutdown as demonstrated in 2011. Stat. §340A.409 should be increased to $500,000 per occurrence with a$500,000 Response: The Legislature should remove annual aggregate. the requirement of approval by the commissioner for city-issued liquor SD-51. On-Sale Liquor or Wine licenses and simply require cities to notify Licenses to Cultural Centers the state of newly issued and renewed licenses as is already the case for Issue:Cultural centers are not one of the intoxicating on-sale liquor licenses and qualifying entities to which municipalities a113.2-liquor licenses. may issue on-sale liquor or wine licenses. Several cultural centers have received SD-53. Conditions for Liquor special legislation that allows their Licenses municipalities to issue on-sale liquor or wine licenses to them. This practice interferes Issue: Cities have the ability to issue liquor with the ability of municipalities to control licenses in Minnesota as the lead policing the placement and operating manner of these organization, etc. in urban areas. Minn. Stat. entities. In 2003, performing theaters were § 340A.415 lists conditions under which a added to the list of establishments to which liquor license may be revoked or suspended, municipalities may issue on-sale liquor or including failure to comply with"an wine licenses, and in 2011, auto speedways applicable statute, rule or ordinance relating were included, but to date cultural centers to alcoholic beverages."Therefore, cities have not been added. may clearly issue liquor licenses subject to terms and conditions provided in ordinance, Response:The Legislature should which if violated will result in revocation or authorize municipalities to issue on-sale suspension. But cities also impose liquor or wine licenses to cultural centers, conditions on individual licenses on a case subject to restrictions imposed by the by case basis,both before issuing the municipality. license, and, if further unforeseen issues of health, safety, or welfare arise out of a SD-52. Wine and Off-Sale Licenses particular licensee, after issuing the license. Issue:Minn. Stat. ch. 340A authorizes cities A recent court of appeals decision(In the to issue liquor licenses to various Matter of the On-Sale Liquor License, Class establishments within their jurisdictions, but B Held by T. J. Management of Minneapolis in virtually all cases,the license issued by d/b/a Gabby's Saloon and Eatery) denies a the city is not valid until the state approves city has the ability to stipulate conditions on it. This is true for such commonly issued a local establishment's already-issued liquor licenses as wine, off-sale intoxicating liquor license. The opinion also brings into and temparary on-sale intoxicating liquor question the ability of a city to impose non- licenses. The result is extra time spent for ordinance provided conditions on an city staff, as well as a time-based individual liquor license at the time of commercial impact to the business pursuing issuance. the original license. It represents 2012 City Policies 33 Response: The Legislature should identification and adults who provide recognize a city's need to make conditions alcohol to minors. The League supports on a liquor license in order to deal with locally-determined alcohol compliance local,even individual circumstances and check programs,but any state mandate to better protect the public.Minn. Stat. for alcohol compliance checks should §340A.415 must be changed so that come with state-supported funding reasonable conditions may be imposed initiatives to support these locally- uniquely to a given liquor licensee determined compliance efforts. The whether the license has already issued or Legislature should consider a grant not and without passing an ordinance program supporting locally- laying out the terms and conditions for based community partnerships that can that particular licensee. quickly and effectively respond to youth access problems. SD-54. Youth Access to Alcohol and Tobacco SD-55. Smoking Ban Ordinances Issue:The minimum age to purchase Issue:The Legislature in 2007 voted to alcohol in Minnesota is 21. The minimum extend the Clean Indoor Air Act to cover all age to purchase tobacco in Minnesota is 18. workplaces, including restaurants and bars. The minimum age to sell alcohol and The new law sets a floor with minimum tobacco products in Minnesota is 18. The standards, and allows local governments to penalty for a minor or underage person implement more restrictive ordinances. using false identification is 90 days in jail and/or up to $1,000. Cities have an interest Response: The Legislature should in preventing youth from obtaining these preserve the ability of local governments products.To this end, many cities operate to enact more restrictive ordinances. compliance check programs in an effort to discern the current level of youth access and SD-56. Environmental Protection to reduce youth access. Statewide, a number of cities have created community Issue: Cities demonstrate strong stewardship partnerships with their court systems, local for the protection and preservation of the businesses, and school districts to quickly environment. Minnesota municipalities have address problems associated with youth historically been the leading funding source access to alcohol and tobacco. for environmental protection and improvements. Municipal efforts include Response:The League of Minnesota environmental protection through Cities opposes any proposal that could Wastewater treatment,wetland restorations, result in increased risks of youth access to stormwater treatment,public utility emission alcohol and tobacco products and reductions, brownfield cleanup, safe expanded off-sale venues for the sale of drinking water programs, as well as others. such products. The League supports the sale of alcohol and tobacco products only At some point, however, the diminishing or in controlled environments. The League nonexistent environmental benefit received supports statutory changes that assist in from additional efforts is fiscally reducing youth access to alcohol and irresponsible. The programs are often tobacco products,including increasing improperly designed to meet their stated the penalties for youth who use false goals. Additionally,the absence of funding 34 League of Minnesota Cities by the state and federal government has cities by threatening litigation even removed an essential restraining feature in when hard science may not support the program design and implementation. groups' positions. Agencies are less accountable to the • Cities are often required to pay the cost governments that mandate environmental of removing problem materials from the programs when they do not have to find the waste stream, rather than preventing the money to implement the programs. problem at the consumer product or manufacturing level. Specific problems faced by cities include: Response:Alternative wastewater • New programs or standards are treatment and cooperative service systems continually adopted without regard to should be prohibited from operating in the existence, attainability or cost of areas that can reasonably and effectively existing programs and standards. be served by existing municipal systems, • Regulatory bodies fail to consistently unless: use good science and the most current and accurate data when establishing • The municipal system is proven to water quality standards. be substantially less cost-effective • Regulatory bodies impose new permit and substantially less beneficial to requirements without going through the environment. rulemaking. Instead, the agencies rely on . The operation of these systems will internal documents, program strategies, not create a stranded public and"best professional judgment of staff' investment in the existing system. when setting permit criteria. • Regulatory bodies approve permits and Sufficient state and federal financial programs that compete with traditional assistance should be provided to assist municipal services and encourage urban local governments when complying with sprawl.This behavior puts at risk the state and federal infrastructure public investments and growth requirements, particularly with regard to management efforts cities have made wastewater,stormwater,and drinking when planning for future development. water facilities. • Permit fees and other cost-transfer elements of federal and state programs The Minnesota Pollution Control Agency do not provide an incentive for (n'IPCA)should streamline its permitting environmental agency efficiency, policy and re-issuing processes to allow for prioritization or risk assessment. effluent standards and permit Additionally, all residents of the state requirements to be known eartier, contribute to the need for wastewater thereby giving communities more time to and stormwater treatment and benefit defend against contested case hearings. from the resulting improved water The Legislature should require the quality. These factors make the state lylpCA to make its determination general fund an appropriate source for significant portions of state water regarding permit-required submittals, program funding. permit modifications,and the reissuance • Third-party environmental advocacy of a permit within a reasonable set time groups create significant hardships on period,and require the MPCA to make 2012 City Policies 35 its determinations and reissue the permit stormwater management systems and best within that reasonable set time frame. management practices to protect, preserve, and restore the quality of Minnesota's The state should ensure townships are surface waters,the quality of some of required to meet the same environmental Minnesota's surface waters does not meet protection and regulatory requirements federal water quality requirements. The as cities. federal Clean Water Act requires that further efforts be made by the state to reduce human Legislation should be passed that requires impacts on surface waters that are state agencies to establish permit determined to be impaired due to high requirements only when the criteria they pollutant loads of nutrients,bacteria, are using is developed through the rule- sediment, mercury, and other contaminants. making process. Scientific studies of these waters must be State agencies need to develop science- conducted to determine how much pollution based standards and quantify new they can handle (Total Maximum Daily Loads, or TMDLs). The pollutant load effluent standards,ensuring that they are reduction requirements will affect scientifically and economically municipal, industrial, and agricultural practicable. practices and operations along any river, The state general fund is an appropriate stream or lake determined to be impaired. While the source of 86 percent of the source for state water program funding. pollutants affecting Minnesota waters are Municipal water permit fees should only non-point sources, there will also be new be increased if new revenue is needed because of increased costs of processing costs and requirements for point-source municipat water permits,not as a means dischargers, like municipal wastewater to generate new revenue to cover other treatment facilities. Municipal stormwater budget shortfalls. systems will also face increased protective requirements and regulation as part of the The Legislature should create effective, state's impaired waters program. producer-led reduction, reuse,and recycling programs to deal with a Response: The League of Minnesota product's lifecycle impacts from design Cities will work actively with the through end-of-life management and administration,the Legislature,and other should regulate products and compounds stakeholders in the design and that damage water quality,sewer implementation of Minnesota's impaired collection,stormwater or wastewater �'aters program to: treatment systems at the consumer and • Ensure equitable funding solutions manufacturing levels,not just at the treatment and infrastructure are found,such as the state general maintenance level. fund or bonding,that broadly collect revenue to address this SD-57. Impaired Waters statewide problem. • Support legislative appropriation Issue:Despite the billions of dollars that of constitutionally dedicated clean Minnesota municipalities have invested and water revenues that supplement continue to invest in wastewater and traditional sources of funding for these purposes, not be used to 36 League of Minnesota Cities cover budget cuts, backfill past • Recognize and credit the work program reductions,or to underway and already completed otherwise supplant normal state by local units of government to spending on water programs. limit point and non-point source • Direct the majority of funds water pollutant discharges. collected by the state for impaired • Recognize the diversity of efforts waters into programs that fund and needs that exists across the municipal wastewater and state. stormwater projects,and for state . Ensure the best science available is programs needed for municipal used to accurately determine the wastewater and stormwater sources of pollutant load in order permitting and technical support, to maximize positive including the Clean Water environmental outcomes and Revolving Loan Fund,Wastewater minimize unnecessary regulatory Infrastructure Fund,Phosphorus and financial burdens for cities by Reduction Grant Program,TMDL correctly accounting for and Grants Program, Small addressing agricultural and other Community Wastewater non-point pollutant sources. Treatment Grant and Loan . Ensure the state requires that the Program,and other state MPCA retain control of the programs that provide tinancial TMDL development process and resources for city wastewater that all scientific research related treatment facilities,septic tank to TMDLs is conducted by the replacement,stormwater MPCA or qualified,objective management projects,and other parties pursuant to state city water quality improvement contracting, procurement,and and protection projects. conflict of interest laws. • More adequately cover the current . Clarify state water quality �ve-year wastewater mandates so cities know infrastructure funding need specifically what they are required projection of more than $2.1 to do and what methods of billion. achieving those outcomes are • Recognize and address the acceptable to state and federal upcoming costs of stormwater regulators. management infrastructure and operation on municipalities from SD-58. Phosphorus Reduction new regulatory mandates and load reduction requirements. Issue: In 2002, the Legislature enacted a • Allow flexibility in achieving new law to regulate the sale and use of lawn pollutant load reductions and fertilizers containing phosphorus in the limitations through offsets or metropolitan area. In 2004, the legislation trading of pollutant load reduction was expanded statewide. In 2007, legislation credits for both point and non- was passed to reduce the phosphorus content point load reduction requirements of residential dishwasher detergents. These within watersheds. laws will improve and enhance the quality of the state's surface waters. In addition,the 2012 City Policies 37 new law will reduce the costs to local ash borer threaten our investment in trees. governments of complying with a variety of The costs for control and removal can be federal and state surface water quality catastrophic and put pressure on city standards. budgets. The Minnesota Department of Natural Resources,through its Urban and Cities are required by several levels of Community Forestry program, and the government to improve and enhance the Minnesota Department of Agriculture, quality of surface waters. Additionally, through its Shade Tree and Invasive Species surface water runs through watersheds that program, currently have regulatory authority rarely are wholly within a city's boundaries. to direct tree sanitation and control To be effective, measures for comprehensive programs.Although these programs allow water quality improvements need to be for addressing some tree disease,pest, and regional ar statewide. other problems, funding levels have been inadequate to meet the need of cities to build The 2002, 2004, and 2007 laws underscare capacity for urban tree programs and the most cost-effective way to reduce respond to catastrophic problems. Cities phosphorus in our lakes, wetlands, and share the goal of the state's Releaf streams—by preventing it from entering Program—promoting and funding the these systems. The laws, however, address inventory, planning, planting, maintenance, only two, specific phosphorus inputs to city and improvement of trees in cities water systems. Many other sources of throughout the state. In addition, economic phosphorus, such as commercial detergents, gains for stormwater management,tourism, affect both surface water quality and recreation, and other benefits must be treatment requirements at municipal protected from tree loss. A lack of timely wastewater treatment facilities. The state is investment in urban forests costs cities the appropriate level of government for significantly more in the long run. effective and economical administration and enforcement responsibility. Response:The League of Minnesota Cities supports funding for a state Response: The League of Minnesota matching grant program to assist cities Cities opposes any legislation that would with building capacity for urban forest weaken existing phosphorus fertilizer and management and meeting the costs of dishwasher detergent regulation,and preparing for,and responding to, supports removing phosphorus from catastrophic urban forest problems. products at the manufacturing level Additionally,the League supports rather than at the wastewater treatment reinstatement of the Minnesota Releaf center.The League further supports Program,through the Legislative and retail display requirements to ensure Citizens' Commission on Minnesota consumers are able to readily identify the Resources (LCCMR),with an increased phosphorus content of fertilizer products. appropriation that can better address the SD-59. Urban Forest Mana ement needs of building capacity and managing g urban forests across the state. Funding Issue:Urban forests are an essential part of city infrastructure. Dutch elm disease, oak wilt disease, drought, storms, and emerald 38 League of Minnesota Cities SD-60. Election Issues by election judges in precinct � polling places on Election Day; Issue: Cities play an important role in • Repeal requirements for precinct administering state and federal election law election judges to count blank and conducting voting activities. ballots in each shrink-wrapped ballot package as they are opened In 2012, voters, by constitutional in the polling place; amendment, or the Legislature, by . Change the deadline for major legislation, if signed by the Governor, may political parties to provide lists of establish requirements for voters who cast a persons interested in serving as ballot in a polling place on Election Day to election judges to election officials provide certain photo identification to be within one month (30 days) documents to be eligible to vote. foltowing precinct caucuses; and Response: The League of Minnesota � Support changes to state absentee Cities supports the following to voting regulations to make it strengthen the role and effectiveness of possible for local election jurisdictions to be consistent with local election administration: federal MOVE Act requirements. • If photo identification is approved SD-61. Absentee Voting as a requirement,the League supports legislation allowing a Issue: Current law allows in-person voter who is unable to present absentee voting until 5:00 p.m. on the night authorized photo identification in before the election. This does not leave the polling place to complete an adequate time for election official to process affidavit allowing the voter to cast absentee ballots and mark polling place a ballot. The voter would be rosters before the opening of the polls on required to sign an oath attesting Election Day to indicate which voters have to his/her identity and residence already cast absentee ballots. Election address. The affidavit would officials are also faced with the additional eliminate the need for provisional task of delivering supplemental roster lists balloting and all of the additional of such voters to the polls before 7:00 a.m. costs,administration,delay in the next morning. The current absentee reporting election results and voter voting process further requires that a confusion caused by provisional supplemental list of final absentee voters be ballots; delivered to the polls after the last mail • Expedite court action to resolve delivery on Election Day and often leads to candidate eligibility related to administrative challenges and increased residency in errors and omissions potential for errors in the process. proceedings; • Allow absentee ballots to be Resporese: The League of Minnesota combined with their respective Cities supports: Election Day in-person ballots for the conduct of post-election audit . Establishing an earlier deadline reviews; for ending in-person absentee • Eliminate redundant audio testing voting prior to Election Day; and of AutoMARK voting equipment 2012 City Policies 39 • Revising absentee ballot equality to the importance of respecting regulations to allow any person minor civil subdivision boundaries. over 18 to witness the absentee process and sign the envelope as a The League of Minnesota Cities supports witness. this principle of including city corporate boundaries within the same legislative SD-62. Early Voting district. Issue:Minnesota allows absentee voting by Response: The League of Minnesota mail and in-person for specific reasons set Cities strongly urges the 2012 State by statute. Most Minnesotans consider the Special Redistricting Panel to recognize current absentee voting system as "early" the importance of preserving political voting and use it as a convenience rather subdivisions when redrawing state than because of the statutory reasons.Many legislative district boundaries. states have implemented truly early voting procedures for in-person voting and SD-64. Ranked Choice Voting found them to be a cost effective and Issues efficient method to serve the voters. An early voting system eliminates many of the Issue:The Ranked Choice Voting(RCV) administrative burdens and costs of the Issues Task Force reviewed and made current absentee ballot procedures. In recommendations to the secretary of state addition, unlike the absentee voting process, and the Legislature for amending and early voting allows the in-person voter to adopting new state election laws and rules correct any errors made marking the ballot for conducting state or local elections that and discovered by the ballot tabulator,the use RCV as the method of electing same as a voter on Election Day. candidates to office. Response: The League of Minnesota Response: The League of Minnesota Cities supports the adoption of legislation Cities requests that the secretary of state approving an early voting process to identify and propose standards that developed in cooperation with local prescribe the method of counting to be election officials to replace in-person followed when the RCV voting process is absentee voting City election officials used. The Legislature must adopt recommend additional voting hours statewide standards to ensure RCV is outside of regular business hours be made implemented consistently throughout the available for"Early Voting." state to give voters confidence in the fairness of the alternative process of SD-63. RedistriCting casting their ballots and the outcome of such elections. Issue: The Final Order of the 2002 State Special Redistricting Panel concluded that SD-65. Write-in Candidates in City "...it was particularly important to respect EleCtlons the boundaries of the state's political subdivisions,"and cited the 1982 Minnesota Issue: Local election officials are currently Supreme Court ruling on redistricting that required to take considerable time and spend gave the highest priority after population additional funds to count frivolous write-in votes cast in city elections. Cities that 40 League of Minnesota Cities conduct local elections using ranked choice their successors are elected and qualified, voting(RCV) also encounter difficulty when unless the charter provides otherwise. determining the ranking of candidate votes when addressing these circumstances. At SD-67. Library Funding present, write-in candidates for federal and state elective offices are required to file a Issue:Many community libraries in request with the Secretary of State no later Minnesota are city-owned. Although located than seven days before Election Day if they in an individual community, city libraries wish to have the votes cast for them serve a much wider area. Local libraries are counted. constantly working to address the needs of users in order to provide access to both Response:The League of Minnesota written and electronic media to enhance the Cities supports legislation to authorize educational capacity of adults and children. cities to require that write-in candidates for local elective of�ces Gle a formal The state's library Maintenance of Effort request at least seven days before the city mandate (MOE) is a minimum level election if they wish to have their write-in required by the state to receive federal and votes counted. state aid funds; this is covered under Minn. Stat. § 134.34. The money includes funds For RCV elections,require that write-in far statewide and regional delivery of votes cast only for declared write-in interlibrary loans, licensing of electronic candidates be counted if electronic vote resources, continuing education tabulating equipment is used. opportunities, and grants coordinated or administered by the region. Literacy is a big SD-66. Charter Authority to issue for many communities and libraries Establish Commencement and play a key role in addressing the issue. Expiration of Terms of City Elected while the MOE is seen as a mandate by OfflCials cities and counties,the MOE also protects the taxpayer investment in library resources Issue: Some city home rule charters and services by providing a more stable provide that the terms of city elected source of funding. officials continue until successors have been The MOE issue for public libraries rose to elected and qualified. But the 2410 the forefront in the 2009 legislative session Legislature enacted provisions that raise With two local aid unallotments, and the concerns about whether home rule charter authority in this area has been pre-empted desire to provide some mandate relief to by language that provides that terms of city local governments. The 2011 Legislature elective offices expire on the first Monday provided a 10%reduction in the MOE in January. amounts for cities and counties as part of the special session budget deal. Given the Response: The League of Minnesota complexity on both the service delivery and Cities urges the 2012 Legislature to the funding sides to this issue,the Office of clarify authority that home rule charters Legislative Auditor(OLA)was tasked with may provide that terms of office for conducting a study on public libraries that elected city officials begin on the first acknowledged the funding disparities, but Monday in January and continue until unfortunately offered no solutions. 2012 City Policies 41 Response:The League of Minnesota in 1961 from $1,500 to $10,000 while the Cities supports a state matching grant limits for all other charter cities have not program to provide dollars to assist been adjusted since 1947. communities to work in partnership to build and improve libraries.Additionally, Response: The League of Minnesota when reviewing the OLA's report,the Cities supports increasing the allowable Legislature should take into consideration annual charter commission expense limit the current methods of delivering library to$5,000 for cities other than cities of the services across the state and whether first class. those are fair and equitable to local governments and their citizens. When modifying the library MOE requirements,the Legislature should ensure that any relief provided on the county MOE requirement does not result in additional funding burdens for cities. Finally,policymakers should consider whether establishing library taxing districts might help with the equity issues of funding libraries. SD-68. Park and Library Land Tax Break Issue:As the price for land increases, it is becoming more difficult for cities and other local units of government to compete with developers to save and secure land and easements that are deemed appropriate for park, library,trail, and green spaces. Response:The state should amend the tax laws to provide tax incentives for property owners who sell land and easements to local units of government when the land is to be used for park, library,trail or green space purposes. SD-69. Charter Law Expense Limit Increase Issue:Under current law(Minn. Stat. § 410.06), charter commission expenses that are paid by the city are limited to $10,000 in a first class city and $1,500 in all other cities. The first class city limit was increased 42 League of Minnesota Cities IMPROVING LOCAL ECONOMIES LE-1.Growth Manageme�t and sued for a "taking" as a result of Annexatiori executing state land-use policies. • Give cities broader authority to Issue:Unplanned and uncontrolled growth extend their zoning,subdivision,and has a negative environmental, fiscal, and other land-use controls outside the governmental impact on cities, counties, and city's boundaries, regardless of the the state because it increases the cost of existence of county or township providing government services and results in controls,to ensure conformance with the loss of natural resource areas and prime city facilities and services. agricultural land. � Clearly define and differentiate between urban and rural development Response: The League of Minnesota and restrict urban growth without Cities believes the existing framework for municipal services or annexation guiding growth and development agreements outside city boundaries. primarily through local plans and This should contain a requirement controls adopted by local governments that counties and joint power districts should form the basis of a statewide that provide sewer,water,and other planning policy,and that the state should services,which have been traditionally not adopt a mandatory comprehensive provided by cities,include as a statewide planning process. Rather,the condition of providing service the state should: annexation of properties that are the recipients of such services in cases • Provide additional financial and where annexation is requested by a technical assistance to local city that could feasibly be providing governments for cooperative planning those services. and growth management issues, . Facilitate the annexation of urban particularly where new land to cities by amending state comprehensive plans have been statutes that regulate annexation to mandated by the Legislature. make it easier for cities to annex • Keep comprehensive planning developed or developing land within timelines on a ten-year cycle due to unincorporated areas. the financial and workload impacts . Oppose legislation that would these processes place on cities. reinstate the election requirement in • Clearly establish the public purposes contested annexations. served by existing statewide controls, • Support legislation to prohibit such as shore land zoning and detachment of parcels from cities wetlands conservation; clarify, unless approval of the detachment has simplify,and streamline these been granted by both the affected city controls; eliminate duplication in their and township and the affected county administration; and fully defend and has been notified prior to the city and hold harmless any local government town acting on the request. 2012 City Policies 43 • Encourage ideas consistent with the wildlife management areas far less desirable long-term goal of allowing urban due to impacts on future city development. development only in urban areas. Density incentives such as sprawl- In rural areas,where this is less of a reduction aid programs are more concern, counties and towns have the straightforward methods of rewarding authority to object to the state purchasing and encouraging compact arban land for the outdoor recreation system for development than using local these very reasons. Cities do not have that government aid (LGA) for another statutory right.Due to recent statutory new purpose. changes (Minn. Stat. § 97A.137, subd. 4) • Establish stricter criteria on the removing city authority to adopt ordinances amount cities can pay to townships as related to firearm discharge, hunting and part of an orderly annexation trapping activity in wildlife management agreement so that payments to areas within their borders,these purchases townships are�imited to should not occur without city consent and reimbursement for tost property tax input. base for no more than a tixed number of years,documented stranded Response:The League of Minnesota assessments,and other items for Cities opposes the state imposing which there is a clear nexus. retroactive development restrictions around existing wildlife management LE-2. Wildlife Management Areas areas. Issue:The Department of Natural Resources �'�'hen purchasing state wildlife has been pressing for legislative management areas and other requirements creating development conservation and outdoor recreation restrictions on property adjacent to land system land,the state should either purchased by the state for hunting and other purchase sufficient land to provide an conservation purposes. This issue has been internal buffer from surrounding increasingly controversial as urban growth development or purchase development extends into areas previously considered rights to land adjacent to the property if rural and residential property owners are such a buffer is deemed essential to finding themselves adjacent to public preserving the intended uses for the hunting land. With large amounts of new property.This should be required for new revenue going into state land purchase for land purchases and done where feasible game and fish habitat and public access for existing wildlife management areas. purposes because of the passage of the Furthermore,Minn. Stat. § 84.944 and constitutional amendment,these problems §97A.145 should be amended to include could occur even more frequently. cities in the local government notification The solution being proposed will put local and approval process the state must governments in the position of enforcing follow before purchasing public land. state land use restrictions and would require extensive changes to local plans, controls and ordinances. It would also create large numbers of nonconformities on properties within city limits and would make state 44 League of Minnesota Cities LE-3. Of�cial State Mapping proceedings.Eliminating authority of Responsibility municipal electric utilities to extend services, or making extension of municipal Issue:For many years, the Minnesota electric service to annexed property Department of Transportation(Mn/DOT) unreasonably costly, would interfere with has provided the mapping services to keep community development and make it survey-level accuracy in place for the state's unfeasible for municipal electric utilities to official maps and records.That information serve properties located within rural electric changes when roads are made or improved, cooperative (REC) service territory in and needs regular adjustment when annexed areas, even if the REC had not municipal boundary adjustments are made. served them priar to annexation. The information is then used at all levels of government to accurately determine Response:The MPUC administrative property boundaries for transportation aid, process has become oppressive.The utility service boundaries, state and local League of Minnesota Cities opposes any funding formulas, election issues, and a attempt to remove or alter the eminent number of other uses. domain option available to municipal electric utilities in state law,or to make it No state agency, however, has ever been financially unfeasible for municipal statutorily provided with mapping utilities to compensate rural electric responsibility and Mn/DOT is not funded for cooperatives for serving future customers providing that level of detail in its mapping. who reside in annexed areas where the Because Mn/DOT, as an agency, requires cooperative has not provided service. less specificity in its maps, a change has slowly been integrated to mostly restrict LE-5. Statutory Approval Mn/DOT mapping to what changes occur in Timelines road ownership and responsibility, leaving many mapping needs unmet for other users Issue: Cities since 1995 have been required of boundary data. to act on written requests relating to zoning, septic systems, the expansion of Response: The League of Minnesota Metropolitan Urban Service Areas (MUSA), Cities supports legislation making a and other land-use applications in named state entity the official provider of accardance with a statutory time period survey-level mapping for the state, generally referred to as the 60-day rule. including maps for municipal boundary Pursuant to Minn. Stat. § 15.99, state and adjustments.The Legislature must local government agencies must approve or provide the necessary appropriations to deny a permit within a statutory timeframe. the entity for providing that service. Failure by the agency to issue a specific denial of the application is deemed an LE-4. Electric Service Extension approval. Issue:Minnesota law preserves the right of Minn. Stat. § 15.99 does not directly address municipal electric utilities to grow with the whether an appeal ot'a decision triggers an cities they serve. Municipal electric utilities extension or is part of an original zoning may grow either through application to the request that must be handled within the 60- Minnesota Public Utilities Commission or 120-day time period. In a recent court of (MPUC) or through condemnation appeals decision, the court found that a 2012 City Policies 45 zoning application is not approved or denied . Clarify that approval does not for the purposes of Minn. Stat. § 15.99 until abrogate the need for approvals under the city has resolved all appeals challenging other applicable federal,state or local the application.According to the court, an requirements. appeal is not a request for a permit, license • Provide appeal rights to adjacent or other governmental approval;therefore, it property owners. does not trigger a new 60-day time period. • Clarify that,if requests are to be Under this interpretation, a decision decided by a board,commission or rendered by a zoning board or planning other agent of a governmental agency, commission is not the final approval or and the decision of the board, denial of an application if the city allows an commission or other agent is adopted appeal to the city council. subject to appeal to the governing This court decision is problematic for a body of the agency,then the agency may extend the 60-day time limit to couple of reasons.Forcing cities to further resolve the appeal. condense the process for considering planning and zoning applications will make LE-6. Public Infrastructure Utilities it more difficult to gather public input and leave less time for thoughtful deliberation by Issue: Successful economic development zoning boards and planning commissions. It efforts and community stability are may also provide an incentive for cities to dependent upon a city's ability to make extend the origina160-day period in every infrastructure investments. Current instance in order to build-in adequate time to infrastructure funding options available to consider possible appeals. cities are inadequate and unsustainable. Funding pressures have been exacerbated by While the Legislature has clarified some levy limits, unallotment and reductions in aspects of this law, additional modifications the local government aid and market value are necessary to assist cities in providing homestead credit programs.The existing accurate and timely responses to applicants special assessment law, Minn. Stat. ch. 429, and to allow adequate time for public input. does not meet cities' financing needs Furthermore, as city staff and financial because of the benefit requirement.The law resources are increasingly limited, flexibility requires a minimum of 20 percent of such a in the length of approval timeline project to be specially assessed against requirements may be needed at the local affected properties. In practice, however, level. proof of increased property value to this Response: The Legislature should repeal degree of benefit can rarely be proven from or amend Minn. Stat. § 15.99.If repeal is regular repair or replacement of existing unlikely,amendments should: infrastructure such as streets or sidewalks. Alternatives to the Minn. Stat. ch. 429 methods for financing infrastructure • Increase the initial time limit to 90 improvements are nearly nonexistent. days or have the language in Minn. Stat. § 15.99 apply as the default The Legislature has given cities the requirement only in cases where authority to operate utilities for waterworks, permitting bodies have not established sanitary sewers, and storm sewers. The an independent approval timeline. storm sewer authority, established in 1983, 46 League of Minnesota Cities set the precedent for a workable process of LE-8. Fareclosure and charging a use fee on a utility bill for a city Neighborhood Recovery service infrastructure that is of value to everyone in a city. Similar to the storm Issue: Minnesota has continued to sewer authority, a transportation or sidewalk experience significant numbers of mortgage utility would use technical,well-founded foreclosures. Between 2005 and the second measurements and would equitably quarter of 2010,there were more than distribute the costs of local infrastructure 100,000 foreclosures of homes and other services. properties During the first half of 2011, there have been 11,257 foreclosures Response: The Legislature should statewide, compared with 25,673 authorize cities to create,as a local foreclosures that culminated in sheriffs' option,additional utilities such as a sales throughout the state in 2010. transportation or sidewalk utility. Such authority would acknowledge the effects Cities have experienced increasing financial of repeated levy limits and the general impacts of the growing foreclosure crisis. funding shift from the state to local Cities have dedicated scarce resources to governments for building and address public safety and maintenance maintaining necessary infrastructure; the challenges associated with foreclosed and benefits to all taxpayers of a properly vacant homes. Cities' revenues have also maintained public infrastructure; and, continued to decline due to delinquent utility the limitations of existing special payments and property tax payments as well assessment authority. as added cost for nuisance abatements. LE-7. Development Disputes Foreclosures have also resulted in an unprecedented number of vacant and Issue: State law is clear that fees collected abandoned properties, making them a top under Minn. Stat. ch. 462 are eligible for concern. Left unaddressed, these properties judicial review in the event of dispute.The destabilize neighborhoods, depressing Legislature recently limited the timeframe neighborhood property values, and driving during which an aggrieved party may up costs of municipal services. challenge planning and zoning fees to 60 days after approval of an application. Although cities continue to strive to preserve However, the law is not clear about what the viability and safety of their communities, notice requirements to the municipality are without additional resources to address the necessary, relative to the timing for a person variety and increasingly costly impacts of aggrieved by an ordinance or decision under foreclosures,they cannot continue. The the municipal planning act to seek review. federal government has provided funds for neighborhood stabilization, but such funds Response: The Legislature should amend are limited in eligible uses and scope and are Minn. Stat. §462.361 to establish a 60- only available to a limited number of cities. day time limitation in which an aggrieved person may bring an action against the Response:The Legislature should: municipality. • Secure state and federal resources and provide financing tools to help cover city costs associated with foreclosures 2012 City Poticies 47 and neighborhood recovery,including Housing's (the state's housing finance alternate revenue sources for agency) fisca1 2012 - 2013 budget by$10.7 programs that support foreclosure million, leaving the agency's base budget at mitigation and homeownership $76.1 million for the next biennium, nearly counseling. $6 million lower than the agency's base • Consider establishing a non- budget for FY 2010-2011 of$82 million. competitive program to provide a match for city-subsidized affordable Cities, along with local housing officials, are housing projects. concerned about the state's lack of • Allow cities to take actions necessary commitment to helping cities meet demand to protect foreclosed and abandoned for affordable housing that is sensitive to homes from damage and to help local conditions, such as meeting the needs preserve property values in of an aging population,particularly when neighborhoods where concentrations elderly residents often must leave of such conditions are present, communities where they have owned their including an expedited process to own homes for many years. The League of address nuisance properties. Minnesota Cities recognizes that federal, • Support local authority for cities to state and local governments all have a role collect all delinquent taxes,utility to play in meeting affordable housing needs. bilis,liens,and assessments on foreclased and tax forfeited Response: The Legislature should: properties. . Make it a priority to include$40 • Improve notification to cities and million for housing fnance in state consistency in the information bonding legislation,including$30 available to cities when a property is million for non-profit housing bonds in the foreclosure process and vacated. and $10 million in bonds for public • Require the foreclosing housing rehabilitation. party/mortgage holder to maintain . provide stable and long term funding foreclosed properties.If the for Minnesota Housing and other foreclosing party is unwilling to affordable housing programs, maintain the property, strengthen city including a state low-income housing authority to charge the foreclosing tax credit to help rebuild the state's party/mortgage holder for cost of partnership with local governments in maintenance. the development of homeownership, • Support coordinated responses to multi-family rental assistance and prevent foreclosures,activate and housing renovation programs,and guide private investment and home allow flexibility for cities to achieve purchases,and support distressed partnerships and leverage resources neighborhoods. with private and public entities. LE-9. New Resources for • Substantially increase long-term Affordable Housin funding for the Economic g Development& Challenge Fund to Issue: During a time the state and nation leverage local private and public resources to develop workforce rental faces a continuing housing financial crisis, and single-family homes. the 2011 Legislature reduced Minnesota 48 League of Minnesota Cities • Support legislation to provide sales, manufactured housing or with older houses use,and transaction tax exemptions or with very little attic space. There are also reductions for development and concerns that the cost of ineeting these production of affordable housing and energy requirements could result in use state bond proceeds for land homeowners being reluctant to sell their banking and trusts as well as houses because of the expense of the rehabilitation and construction of improvements that would be required to affordable housing. meet new standards. • Provide funding and financing tools to cities to create affordable senior What homeowners will need to accomplish housing for our aging population. these energy efficiency improvements is increased exposure to educational LE-10. Energy Efficiency information, such as increased access to Improvement Requirements for energy audits and more familiarity with and Housing access to programs that finance home energy efficiency projects. This program could be Issue: Rising energy costs have brought implemented very efficiently and effectively attention to the poor energy efficiency of by utility companies instead of cities. many private residences, especially in older Electric utilities have a customer housing stock. The affordability of this relationship with homeowners, a regulatory housing could be severel.y impacted by requirement to meet energy demand reduction goals through conservation continued increases in home energy costs. spending, and access to technical expertise Improvements in the energy efficiency of that can take into account variations in this housing stock would improve the housing age and construction. Cities could, affordability of local housing options and would help achieve state energy demand and however,play a strong role in increasing public exposure to approved educational greenhouse gas emission reduction goals. materials. The challenge is how best to achieve that result. _ Response: The League of Minnesota Legislative discussions have suggested that Cities agrees that there is a need to minimum energy efficiency improvements improve the energy efficiency of older could be added as point of sale requirements housing stock to reduce energy for this older housing stock, including basic consumption and improve the renovations such as improved attic affordability of housing. The state should insulation levels, window caulking and focus its efforts on improving educational outlet sealing. programs and on improving the use of existing statewide Conservation While the goals of such a program are Improvement Program (CIP) financed laudable,there are a number of concerns for programs to provide homeowners with how this would actually be accomplished in technical and financial support for individual cities. Most cities do not, for weatherization and energy efficiency example, have point of sale inspections. improvements. Cities should use their There will also be cases where the house communication tools,such as newsletters will be structurally unable to meet high attic and web sites,to promote these efforts insulation requirements, such as with and to help link homeowners to 2012 City Policies 49 educational materials and program city the facility will be operating in to be resources. informed of applicable local regulations. The Legislature should also require LE-11. Residential Care Facilities establishment of non-concentration and Post-Incarceration Living standards for residential care facilities Facilities (group homes) and post-incarceration living facilities to prevent clustering. Finally,licensing or Issue: Sufficient funding and oversight is registering authorities must be needed to ensure that residents living in responsible for removing any residents residential care facilities and post- incapable of living in such an incarceration living facilities have environment,particularly if they become appropriate care and supervision, and that a danger to themselves or others. neighborhoods are not disproportionately impacted by high concentrations of these LE-12. Inclusionary Housing types of facilities. Under current law, operators of certain residential care facilities Issue:Provisions in current state statute and post-incarceration living facilities are (Minn. Stat. § 462.358, subd. 11)allowing not required to notify cities when they cities to enter into development agreements intend to purchase single-family housing for for the inclusion of a portion of the units in these purposes. And cities do not have the development to be affordable for low-ar authority to regulate the locations of moderate-income families have been a residential care facilities and post- source of conflict between cities and incarceration living facilities. Cities have housing developers. reasonable concerns about the safety of Cities are concerned builders view this facility residents and neighborhoods, particularly in case of public safety. Cities statute as a restriction on local authority to also have an interest in preserving a balance adopt policies that promote availability of in residential neighborhoods between these housing affordable to those who are unable types of facilities and other uses. It is in the to purchase or rent housing at price points best interest of providers to inform and work that the market alone provides. with cities before opening a facility in order Response: The Legislature should: to educate providers of community standards and expectations. . Strengthen and clarify cities' authority to carry out policies that Response: Cities should have statutory offer developers a range of incentives authority to require agencies and licensed �n return for including a designated and registered providers that operate number of affordable units in their residential care facilities and post- projects. incarceration living facilities to notify the . Identify strategies to ensure long-term city before properties are operated. Once affordability of rental and owner- licensed or registered, cities should be occupied housing produced as a result provided with the necessary contact of such policies and practices. information. Providers applying to operate residential care facilities or that • Focus state housing policy on support are operating post-incarceration living for local assessment of housing needs, facilities should be required to contact the and direct additional state resources and the full exercise of local authority 50 League of Minnesota Cities to increase development of affordable restricted properties enrolled in CLT rental units and access to entry-level, programs. owner-occupied housing. • Support voluntary measures to LE-14. State Broadband Policy encourage cities to adopt and carry Pr1o1'ities for C1t1es out land-use plans,activities,and subdivision regulations aimed at Issue:Little progress has been made in providing for construction and achieving the goals and the consensus speed marketing of housing where a portion goals for statewide minimum broadband of all new units are affordable to deployment recommended by the 2009 lower-income households. Minnesota Ultra High Speed Broadband Task Force, which must be achieved by LE-13. Community Land Trusts 2015.To preserve and attract jobs and improve Minnesota's competitiveness, Issue:The steeply increasing price of land policymakers must insist on greater progress available for housing development, toward the target placing Minnesota in the particularly for retaining affordability of top five states nationally for broadband housing for lower-income households, is a speed and statewide deployment. growing concern throughout the state. Creating more permanently affordable, There is increasing evidence and recognition owner-occupied housing depends heavily on at both the state and federal level that cities maacimizing the cost-effectiveness of play a vital role in achieving significantly taxpayer investments. The Legislature has higher broadband speeds and capacity to previously appropriated funding and granted ensuring robust, affordable Internet the Minnesota Housing Finance Agency connectivity is widely available. The authority to assist cities with funding consensus report of the 2000 broadband task community land trusts (CLTs) for affordable force noted that achieving these goals housing. In 2011, the Legislature reduced requires "a broad and perhaps unique capacity-building funds by 50 percent for collaboration between many stakeholders" non-profit housing organizations including and that no one size fits solution fits all CLTs, from $500,000 to $250,000, more communities or regions of the state. "While than 40 percent lower than the reductions addressing ubiquitous broadband is a proposed for the program in the Governor's statewide goal, it is an issue that ultimately Budget for FY 2012-2013. will have to be addressed by each community." Response: The Legislature should support continuation of the land trust capacity- Yet efforts begun in other states and building program and provide capital threatened in Minnesota would effectively start-up funds so commanity land trusts ban or unilaterally restrict municipal can continue to offer gap �nancing, authority to provide or even partner with interest rate write-downs, private sector companies to provide predevelopment�nancing,and financial broadband services to unserved or underwriting costs. The Legislature underserved residents or businesses,that, in should also support efforts by the turn, must globally compete for business and Coalition of Community Land Trusts to jobs. Taking such actions with regard to develop property tax valuation that would statewide broadband is contrary to lower property taxes for sales-price- partnerships which already exist and to 2012 City Policies 51 existing state law on electric utility service, capable of delivering sufficient telephony and economic development, bandwidth and capacity to meet which recognize local interests. immediate and future local needs. • Remove barriers that prevent or Response:The Legislature,governor's impede cities, municipal utilities, office,and state agencies must make it a schools,libraries, priority to respond promptly to develop and other public sector entities from policies and programs aimed at making it collaborating and deploying possible to achieve substantially increased broadband infrastructure and services speed and capacity of broadband services at the local and regional leveL available at the local level. . In creating a new Governor's broadband task force,the crucial role To achieve these goals,the Legislature of cities and counties must be and state agencies should: recognized to help achieve significantly higher broadband speeds • Identify and implement actions to and to ensure that robust and achieve the goal of statewide affordable Internet connectivity is deployment of advanced broadband W;dely available. networks and symmetrical high-speed capacity. LE-15. Competitive Cable • Continuously update and verify Franchising Authority comprehensive statewide mapping of broadband services to identify Issue: State legislation was introduced in underserved areas and connectivity 2010 that would have replaced local cable issues. franchising authority with statewide video • Encourage public/private franchises. While 20 states have thus far collaboration to achieve state created statewide franchises, effectively broadband goals,including eliminating the role of cities in determining partnerships and cooperation in the terms of competition, other states have providing last-mile connections. rejected such legislation in light of • Support measures to authorize and comprehensive studies by the University of encourage cities and other local units Minnesota and others which found that of government to play a direct role in despite promises by incumbent cable system providing broadband services. operators of increased competition and/or • Remove barriers to the exercise of increased services, competition actually local authority to provide such declined, along with damaging decreases in services,including repeal of Minn. support for local origination programming Stat. §237.19,that requires a on local community, school and government supermajority voter approval for the access (PEG)channels and disruption or provision of local phone service by a discontinuance of private sector local unit of government. maintenance of institutional networks(I- • Offer incentives to private sector Nets). service providers to respond to local or regional needs and to collaborate Cities continue to maintain that transmission with cities and other public entities to of video signals,regardless of how deploy broadband infrastructure 52 League of Minnesota Cities transported, remains subject to local that cable rate pricing in states that franchising authority. implemented state franchising did not decline despite assertions by incumbent Unlike the exercise of local franchising cable franchises that price reductions authority, statewide video franchising would result. Likewise,cities would be models frequently make no provision for likely to suffer the loss of revenues from consumer complaints to be received and providers for support of such services and adjudicated at the local level. Such for their use of public rights-of-way. expedited complaint requirements at the local level solve such problems earlier, The Legislature,Federal actually preserving customers far providers Communications Commission (FCC),and rather than increasing consumer anger Congress should also continue to toward the local video service provider. recognize,support,and maintain flexible exercise of local franchising authority to Cities joined legislators during the 2010 encourage increased competition between legislative session in successfully pursuing incumbent cable system operators and legislation to encourage competitive entry new wireline competitive video service while ensuring that community needs and providers inciuding. interests are met. • Maintaining provisions in 2004 Minn. Maintaining local franchising most Laws ch. 238 that establish and effectively creates and preserves agreements uphold local franchising authority; that guarantee broad access to services . Refraining from adopting any FCC throughout the community, ensuring there is rule changes that would restrict no digital divide for access to available existing local authority to charge for additional services such as access to Il' and control access to public rights-of- voice and high-speed Internet via way by all video and cable service infrastructure that also delivers video providers; programming services. . Clarifying local authority to impose Response: State policy should maintain fees for provider support and local cable franchise authority to ensure continued provision of video channels franchise agreements reflect new for public,educational and government video programming; technology and are reasonably tailored to . providing for continued local the technical and operational differences among providers and communities. government access to capacity on Independent studies have clearly institutional networks(I-Nets) demonstrated that statewide franchising provided by local cable system does not substantially increase direct operators for public safety competition to incumbent cable communications,libraries,schools, franchisees. The results of the 2009 and other public institutions to use University of Minnesota study point to state-of-the-art network applications. significant problems for subscribers and LE-16. Right-of-Way Management the loss of community-based programming and educational offerings Issue:The Legislature and the Minnesota as a result of implementing such laws in public Utilities Commission (MPUC)have other states. The study also indicated recognized that cities have fundamental 2012 City Policies 53 responsibility for managing the safe and responsibilities vary and are site specific, convenient use of public rights-of-way underscoring the necessity for maintaining (PROW). Cities hold local rights-of-way in local authority. trust for the public as an increasingly scarce and valuable asset.As demand increases for In recent years private users of the PROW use of rights-of-way for underground wired urged the Federal Communications and overhead wireless facilities and sites for Commission(FCC)to impose a"shot clock" wireless communications towers, cities must on the exercise of local authority to approve continue to have authority to allocate and applications to install, repair or replace coordinate the use of this resource among private facilities in PROWs. Cities still competing uses and to manage the use of retain authority to impose construction PROWs for delivery of essential municipal standards,reyuirements for moving such utility services. Local management facilities, and timelines for the completion responsibilities vary and are site specific, and inspection of private projects in the underscoring the necessity for maintaining PROW. local authority. Response:Minn. Stat. ch.237 has worked The 2009 consensus report of the Ultra High well for many years. Current state rules Speed Broadband Task Force recommended adopted by the Minnesota Public Utilities "dig once" coordination of infrastructure Commission that regulate the manner in projects and installation of conduit that which cable companies and other right- could be leased on a non-discriminatory of-way users install facilities in the basis to provide broadband service. Yet PROW were promulgated in a lengthy when municipalities attempt to provide or collaborative process invotving major partner on carrier-neutral rings open to all stakeholders,including cities, in the providers,they are accused of unfair development of the terms and conditions competition by private providers. Further, as well as standards for construction, when municipalities enforce consensus maintenance and restoration of public standards negotiated with industry that are rights-of-way. State and federal contained in Minn. Stat. ch. 238 for safe policymakers and regulators must: maintenance of the public rights-of-way, they are accused—without verifiable • Uphold existing local authority to evidence—of unreasonable delays and manage and protect public rights-of- barriers to entry for enforcing state way,including reasonable zoning and standards. subdivision regulation and the exercise of local police powers. These PROW standards have served the • Recognize that cities have a state well for 15 years. As demand paramount role in developing, increases for use of rights-of-way for locating,siting,and enforcing utility underground wired and overhead wireless construction and safety standards. facilities and sites for wireless • Support local authority to require full communications towers, cities must recovery of actual costs of managing continue to have authority to allocate and use of public rights-of-way. coordinate the use of this resource among . Maintain city authority to franchise competing uses and to manage the use of gas,electric,cable services,open video PROWs for delivery of essential municipal systems and other wireline utility services. Local management programming platforms and services 54 League of Minnesota Cities and to collect franchise fees and Similarly,the proliferation of wireless alternative revenue streams to support technology leads to demands to both speed maintenance of the traveled portion of up and relax standards to site wireless tower the PROW and other public services and antenna facilities even though failing to of importance to communities. coordinate placement of such equipment can • As some rights-of-way become more interfere with vital public safety crowded and the costs of disrupting communications and local site specific land critical city_infrastructure become use concerns. evident,the exercise of local authority to manage competing demands to use While state law regarding local rights-of- local PROWs has become increasingly Way management(Minn. Stat. important. § 237.162.163)does not apply to siting such • Maintain the courts as the primary wireless facilities in public rights-of-way, forum for resolving disputes over the the Federal Telecommunications Act of exercise of such authority. 1996 preserves and provides for the exercise • Maintain existing local authority to of state and local authority over zoning and review and approve or deny plans for land-use decisions for wireless service installation of additional wires or facilities. cables on in-place utility poles.In the alternative,cities should have broader Response: Cities must continue to exercise authority to require the underground full authority to consider public heatth, placement of new and/or existing safety,and welfare concerns,including services at the cost of the utility or issues of aesthetic and property value in telecommunications entity. responding to siting and related requests to site,upgrade or alter such wireless LE-17. Wireless Tower and facilities.The Legislature should maintain Antenna Siting laws that recognize and uphold city authority to manage the siting of wireless Issue:Demand for wireless communication facilities through local zoning and service has increased requests by private and regulation and provider agreements, public sector providers to site additional including fair compensation. towers, antennas, and other facilities in LE-18. Economic Development cities. Local zoning authority and police power to manage and coordinate the siting Authoritles of these facilities continue to be necessary Issue:The 2005 Legislature authorized all and appropriate to the exercise of local land counties outside the metropolitan area to use management and police powers. Local management needs vary and are site establish county economic development specific, underscoring the necessity for the authorities(EDAs). Minn. Stat. § 469.1082 exercise of such local authority,particularly provides specificity on certain process and as the Federal Communications Commission limitations issues. County EDA activity in reviews the comments and reply comments areas surrounding cities will directly impact to the Notice of Inquiry regarding questions the adjacent city in terms of service related to the details of how such authority is provision and taxes. conducted at the local level. Under Minn. Stat. § 469.107 and § 469.033, EDA levies for economic development 2012 City Policies 55 activities are capped. These limits can and port authorities should be computed hinder the planning of future on market value of the jurisdiction before development. With the conversion of the the homestead market value exclusion. market value homestead credit to the new Finally,the League of Minnesota Cities homestead market value exclusion, a supports legislation that would extend the number of levy restrictions based on market time that land can be held by EDAs for value related to specific functions such as economic development purposes while economic development authorities (Minn. being exempt from property taxes. Stat § 469.107),housing and redevelopment authorities(Minn. Stat § 469.033) and port LE-19. Workforce Readiness authorities(Minn. Stat § 469.053)may inadvertently experience a reduction in their Issue: State and federal welfare reform levy authority.The impacts on these entities efforts have focused on the importance of will vary significantly from jurisdiction to the welfare-to-work transition, and have jurisdiction based on the number and market recognized the challenge of ensuring that value of homesteads within the jurisdiction. individuals are qualified to work. With the These levy limits were converted to a changing economy, and the baby boomer percentage of market value to avoid having generation set to retire soon, cities have an indirect legislative actions, such as class rate interest in the availability of qualified changes, from decreasing or increasing levy workers as part of their economic authority. development efforts, and can serve as a catalyst with other public entities and the Given the recent economic downturn, private sector to address workforce development and redevelopment projects readiness issues. have slowed dramatically or have been indefinitely delayed.As a result of these Response: The Legislature should delays, land that is being held by an EDA continue to fully fund the job skills for development purposes is now running partnership and other workforce training into the statutory time limit which eliminates programs administered by the the tax exempt status for the property after Department of Employment and nine years, or 15 years for those 5,000 and Economic Development,the Department under in population that are outside the of Human Services,and the various metropolitan area. The end of a parcel's tax education agencies. The Legislature exempt status severely reduces the ability of should provide additional flexible funding an EDA to undertake development activities. to local workforce councils, including governments and educational facilities, Response: The Legislature should require for the purpose of upgrading the skills city approval for proposed county EDA and productivity of the workforce,and activities within two miles of a city.The pursue additional creative programming Legislature should consider increasing and funding to prepare and place the levying authority for EDA and underemployed and unemployed Housing and Redevelopment Authority Minnesotans,as well as address the issue (HRA) activities in Minn. Stat. of those phasing out of the workplace and ch. 469. Levy limits based on market retiring. The Legislature should continue value, including those impacting to support cities that provide workforce economic development authorities, programs that are coordinated with and housing and redevelopment authorities complement state and regional efforts by 56 League of Minnesota Cities seeking municipal approval before interest in building quality communities that making any changes to those service sustain into the future. areas. Response:To ensure Minnesota is able to LE-20. Community Reinvestment continue to effectively compete with other Partnerships and Financing states,the Legislature has a responsibility to partner with cities,state agencies,and Issue:The 2001 property tax reform other community reinvestment package has had a dramatic impact on how organizations to develop a statewide the state of Minnesota's community community reinvestment strategy,and to reinvestment needs is addressed. The identify and implement additional tools to impacts bring into question the future fund community reinvestment efforts. viability of tax increment financing(TIF) as The state should partner with cities in the primary tool to fund community community reinvestment activities. State reinvestment efforts. Additionally, the acknowledgment of the need for impacts of the 2006 eminent domain reforms community reinvestment and economic will dramatically limit a city's ability to development is essential to the state's assemble parcels of land needed to facilitate prosperity,and legislation is needed to economic development and redevelopment generate resources sufficient to address projects. Activities cities have historically these critical needs at the local level. been able to undertake,but will likely be less able to achieve in the future given the Given the big picture view of investing in likely diminished effectiveness of TIF and people,the state should maintain a long- limited ability to assemble parcels of land, term vision for a healthy society and include long-term tax base stabilization and renew its commitment to early childhood growth,job creation, development of low- family education and preschool programs to-moderate income and workforce housing, that better equip individuals to contribute remediation of pollution, elimination of to the local and state economies and that blight, recycling and redevelopment of ultimately make for quality communities. infrastructure, and redevelopment of communities. Passage of the 2010 Jobs- LE-21. Tax Increment Financing State Stimulus bill and the 2011 one-year (TIF) extension offered up flexibility in several tax increment and public finance provisions, but Issue: Despite the significant impacts of the only with a short window for actually using 2001 property tax reform package, TIF the tools. remains the most viable tool available to fund community reinvestment efforts. Research into another strategy of Further restrictions of TIF would render the community reinvestment has focused on tool less effective and will almost certainly public and private investments in youth. curtail local efforts to support job creation, This body of work suggests that this form of housing, redevelopment and remediation. In economic development pays off in areas light of the current economic and such as improved high school graduation development downturns, cities need greater rates and homeownership rates. Helping flexibility to use the tool effectively to youth develop the social and emotional support the economic viability of their skills necessary to be contributing members business and residential communities. The of the state economy meets the state's 2010 Jobs-State Stimulus bill provided 2012 City Policies 57 flexibility in the tax increment laws, taking longer to develop as a result of recognizing that this is an important tool for the current economic crisis. stimulating development and creating jobs. . Modifying the housing district income quali�cation level requirements to The new homestead market value exclusion allow the levels to vary according to will have a negative impact on certain those speci�c to individual housing TIF districts. The TIF statutes, communities. Minn. Stat. § 469.177, provides for . Allowing any sale proceeds,lease and adjustments in a district's original net tax rent payments received after the capacity to reflect the conversion of a decertification of a district to not taxable property to tax exempt status and count as tax increment. also provides for adjustments to reflect . Encouraging compact development changes in property classifications enacted and or redevelopment. by the Legislature. However,the TIF statute . Discouraging any statutory does not address taY base changes as a result mechanisms that directly or indirectly of the new homestead market value exclusion. As a result,the current value of a decrease the impact of city redevelopment and economic district will be reduced by the exclusion but development projects. the original net tax capacity will not be . provide time limits to "deemed adjusted and as a result, increment available increment" created by land sales, to the district will decline. leases and loans,and clarify use of Response: So as to not further complicate lease revenues for ongoing operations. this process,the Legislature should not • Revise substandard building test to enact future TIF law restrictions during simplify, resolve ambiguities and the next legislative session.In order to continued threats of litigation. allow TIF to maintain the effectiveness • Revise Minn. Stat. §469.177 to that remains in the wake of the 2001 provide for an adjustment to the property tax reform package,the original net tax capacity calculation to Legislature should consider: reflect the new homestead market value exclusion. • Expanding the use of TIF to assist in the development of technological LE-22. TIF District Deficits infrastructure and products, biotechnology,research, Issue:Along with the property tax reform of transportation and transit-oriented 2001,the Legislature committed state development, restoration of resources through the TIF grant program in designated historic structures, non- order to address the impacts of property tax retail commercial projects,and non- reform on existing TIF districts. This wetland areas where unstable/non- �nding, however, was eliminated in order to buildable soils exist. help address the state budget deficit. Since • Modifying the various provisions in then,the Legislature has authorized order to better facilitate municipalities to extend districts provided certain criteria are met. At this time it redevelopment and housing activities. remains unclear whether this will adequately • Allow term extensions for address district shortfalls. With declining redevelopment districts which are market values for commercial-industrial 58 League of Minnesota Cities properties on the horizon, some TIF districts governor(Minn. Stat. § 469.35),there was may soon not be meeting their projected, no funding put into place to implement the anticipated revenues. new program. Response:Municipalities using the new Response: The League of Minnesota authorization for district extensions will Cities supports the implementation of this need to closely monitor the effects to program and urges the Legislature to ensure the extension adequately authorize various funding mechanisms addressed the shortfalls.If necessary,the for Transit Improvement Areas, Legislatare should consider amendments including tax increment�nancing,tax to the 2003 authorization,including state abatement, bonding and general fund assistance, for addressing TIF district appropriations for a revolving loan deficits. Finally,the Legislature should program or for a grant program. consider amendments to the TIF statutes Additionally,the Legislature should to address any shortfalls related to consider adding passenger rail to the list declining market values in the current of qualifying transportation modes,as economic crisis. de�ned in Minn. Stat. § 469.351. LE-23. Transit Improvement Areas LE-24. Business Subsidies Issue: In 2008 the Department of Issue: In recent years, the Legislature has Employment and Economic Development clarified and modified sections of the (DEED)was authorized to establish Transit Business Subsidies Act. In order for Improvement Areas. Transit Improvement development agencies to effectively Areas include parcels of land that are implement the amended law,the Legislature located in part within one-half mile of a should avoid further substantive changes. transit station. A transit station is defined as Furthermore,the business subsidy reports a physical structure or designated area which mandated on local governments are often supports the interconnection of various times duplicative of what is required in tax transportation modes, including light rail, increment finance reports. commuter rail and rapid bus transit, and which promotes and achieves the loading, Response:Without thorough study,the discharging and transporting of people.The Legislature should avoid further commissioner of DEED may designate a substantive changes to the Business Transit Improvement Area if it will increase Subsidies Act during the next legislative the effectiveness of a mass transit project by session,but should consider additional incorporating one or more modes of public technical changes and updates that would transportation with commercial and housing streamline processes and procedures. development, as well as providing a clean and pleasant place for pedestrian use.The LE-25. Business Development law requires the commissioner to consult Programs with other affected state or regional agencies. This language was initiated by Issue: In recent years, the state has created communities concerned about the lack of and funded the Jobs Opportunity Building tools available to shape development around Zones (JOBZ), designed to lure business major transit stations.Although the language development into greater Minnesota, and passed and was signed in law by the provided insufficient bonding appropriations 2012 City Policies 59 for other Department of Employment and to balance any state budget shortfall,and Economic Development(DEED)business priority should be given to increasing the development programs such as the Greater funding for these proven programs, Minnesota Business Development Public especially during these economic times. Infrastructure Grant Program.Furthermore, The League of Minnesota Cities supports other proven statewide business new JOBZ projects having the full development programs, such as the duration of tax benefit, rather than the Minnesota Investment Fund, have been cut reduced time frame for projects coming substantially and recent funding amounts on line just now, but continue with the have not matched the needs statewide. The current 2015 sunset on the JOBZ redevelopment and economic development program for new projects. Furthermore, needs of cities, statewide, have not gone going forward the state should keep in away. Legislation that prohibits any new mind the needs of the entire state,and JOBZ or tax increment financing(TIF) look to other states for successful models sends the wrong message to cities about and effective tools,when developing new what business development tools will be business development and retention available or sustainable. In light of the programming. current economic times, local governments may need to increasingly rely on these types The state should also authorize and fund of state programs in order to effectively additional business development and compete nationally and internationally for retention tools as well as a statewide business development. In both the short economic development program that term to support economic recovery and in increase Minnesota's competitiveness by the long run to improve the state's improving access to global markets. effectiveness in retaining, growing, and attracting jobs in the global economy,there LE-26. Land Recycling Programs needs to be economic development tools available that facilitate job growth,without Issue:Communities across Minnesota are relying exclusively on the growth of faced with expensive barriers to re-using property tax base. Current DEED programs property. These roadblocks include are not meeting the needs of cities or deteriorating, obsolete, and vacant businesses,thus failing to meet the state- structures, as well as varying levels of local partnership needs for economic contamination. Such barriers pose development. significant problems for cities seeking to re- use existing infrastructure, maintain and Response: The Legislature should improve property tax base, provide jobs and continue to fund and keep flexible the housing opportunities, and preserve historic Greater Minnesota Business Development structures. While land recycling activities Public Infrastructure Grants,as well as have always been particularly costly since proven statewide business development they usually encompass multi-phase projects programs such as the Minnesota of extensive duration where site assemblage, Investment Fund and DEED land demolition, relocation or pollution cleanup recyding programs. The Legislature must occur before private-sector interest can should also continue to fund and keep be generated, the 2001 property tax reform flexible the JOBZ program,at a package significantly diminished the ability minimum for economically-distressed of cities to undertake these efforts by areas. These funds should not be raided dramatically reducing revenues generated by 60 League of Minnesota Cities tax increment financing(TIF). Exacerbating LE-27. Property Tax Abatement this situation,the land recycling programs Authority administered by the Department of Employment and Economic Development Issue:In an effort to increase the number of (DEED) and the Metropolitan Council development tools available,the 1997 programs continue to be underfunded. Legislature authorized local units of government to grant property tax Response:In recognition of the unique abatements. Although tax increment needs of land recycling projects statewide, financing(TIF) continues to be the primary the Legislature should increase funding financing mechanism for local development for the statewide redevelopment account. projects, tax abatements provide a good The League of Minnesota Cities supports addition to a needed list of economic a competitive program through DEED development tools. Recognizing the need for with both bonding and general fund municipal development tools,the 2008 appropriations that distributes the funds Legislature expanded the abatement equitably between greater Minnesota and authority by converting the limit on the metro area. abatements from ten percent of the current The State should recognize that the tax levy to ten percent of net tax capacity. In order to provide maximum benefits and rehabilitation of land due to obsolescence recognize local decision-making,tax or incompatible land uses is a component abatements should be less restrictive in of redevelopment. The Legislature should terms of funding caps, financing terms, and amend the definition of redevelopment authorized uses. Property tax abatements district under the TIF Act to include the should not be considered a replacement for obsolescence and incompatible land uses TIF. included in a renewal and renovation district,thereby providing cities with Response: TIF is still the primary,viable more flexible tools to address land development tool available for cities. recycling and redevelopment. Abatement authority should continue to The Legislature should also revive the be available, but not offered as a rationale "This Old House" law,and consider to eliminate TIF. In light of current enacting similar authority that would economic conditions,the Legislature provide a tax deferral on improvements should expand the abatement authority to to commercial buildings,including those allow abatement revenues to be used for located in designated rehabilitation or economic development activities such as workforce readiness and assistance historic preservation districts. Finally,the programs,and technology infrastructure Legislature should continue its support and increase funding levels for state and improvements. regional programs to assist in Additionally,the Legislature should contamination cleanup and brown�elds develop a state fund to facilitate state remediation efforts. participation in abatement projects. Finally,the funding caps and duration limits should be eliminated. 2012 City Policies 61 LE-28. OSA Response Timelines and TIF authorities find it difficult to reconstruct the past in order to identify and Issue:The Office of the State Auditor remedy these situations. Similarly,the OSA (OSA) is responsible for tax increment claims the authority, based on the state's financing(TIF)oversight. As part of its records retention schedule,to audit TIF review of TIF districts,the OSA identifies districts for up to 10 years after alleged violations of the TIF laws and issues decertification, which requires cities to noncompliance notices to TIF authorities. expend staff resources to maintain files and After responding to these noncompliance a working knowledge of old districts for an notices within the required 60-day period, unreasonable period of time. authorities o$en do not receive timely responses on the matter from the OSA. Response:A reasonable timeframe within Government agencies typically have which alleged violations are identified response-time deadlines. Additionally, TIF should be established. The Legislature authorities are often unclear about the final should reasonably restrict the OSA's disposition of the matter upon receipt of a ability to issue noncompliance notices to final noncompliance notice. the six-year period prior to the notice's issuance date. The Legislature should also Response:In the event that the OSA require the OSA to conduct any audits on determines to issue a final noncompliance decertified districts within one year of notice to a TIF authority,the Legislature decertification. should require the OSA to issue the notice within 60 days of receiving the authority's LE-30. Adeyuate Funding for response. Any final noncompliance notice Transportation should contain the OSA's final position on the matter,the date upon which it Issue:A well-coordinated state forwarded the matter to the county transportation policy utilizing all modes of attorney,and the next steps that are transportation in moving passengers and required to be taken according to state freight will enhance the state economic law. Upon expiration of the 60-day development of new and expanding business period,the authority should be deemed to as well as foster additional tourism be in compliance with the TIF laws if no opportunities. final noncompliance notice is received. Response: More resources must be LE-29. OSA Time Limitations dedicated to all components of the state's transportation system, and local units of Issue:The Office of the State Auditor government must have access to resources (OSA)has the authority to issue and funding tools to meet growing needs. noncompliance notices for every existing tax The Lea�ue of Minnesota Cities supports: increment financing(TIF)district in the state for alleged violations of the TIF laws. • Development of a comprehensive state This authority extends retroactively to the transportation policy which provides inception of the district.Accordingly,TIF and environment where all modes of authorities can receive noncompliance transportation (motor, rail, air,water notices for alleged violations that occurred and pipeline)complement each other 20 or more years ago. Often, staff and in moving passengers and freight record-keeping procedures have changed, within the state. 62 League of Minnesota Cities • MVST distribution of 60 percent for • Authority for cities to impose roads and bridges and 40 percent for development impact fees for transit. transportation infrastructure. � A permanent increase in the gas tax. • Local funding options that would • Indexing of the gas tax,provided there allow cities to raise revenues for is a limit on how much the tax can be roads,bridges,sidewalks,trails,and increased for inflation in a given transit. amount of time. • Expanded use of alternative revenue • Increases in vehicle registration taxes sources such as MnPASS for funding (tab fees). of maintenance and construction • Trunk highway bonding provided the (where feasibility studies indicate the Legislature implements reasonable program is appropriate). restrictions on the amount of debt service the state will incur,and LE-31. Turnbacks of County and provided the Legislature appropriates State Roads funding to assist with local costs rela�ed to projects funded with trunk Issue:As road funding becomes highway bonds. increasingly inadequate, more roads are • General obligation bonding for local being"turned back"to cities from counties roads and bridges,particularly for and the state. routes of regional significance. • A sales tax increase to fund Response: Turnbacks should not occur transportation needs. without direct funding or transfer of a • Funding to assist cities burdened by funding source. A process of negotiation cost participation responsibilities and mediation should govern the timing, imposed by improvement projects on funding, and condition of turned-back the state's principal arterial system roads. City taxpayers should receive the and on the county state aid highway same treatment as township taxpayers. (CSAH)system. The requirement for a public hearing, • Funding for transportation standards about the conditions of components of economic development turnbacks,and temporary maintenance and redevelopment projects of funding should also apply to county regional significance. turnbacks to cities. At a minimum, roads • Full funding for all components of that are proposed to be turned back to a state highway projects,including city government should be brought up to related stormwater management the standards of the receiving systems,through state sources. government,or that city should be compensated with a direct payment. • Funding to build roads to standards Direct funding should be provided for that can accommodate the year-round smaller cities that are not provided with transport of heavy loads. turnback financing through the • A sales tax exemption for materials municipal state aid system. purchased for state and local road, bridge,sidewalk,trail and transit construction projects. 2012 City Policies 63 LE-32. Mn/DOT Rights-of-Way LE-33. Road and Transit Funding Maintenance for Cities Under 5,000 Issue: Maintenance of property, including Issue: Cities under 5,000 population do not government property and facilities, is receive any non-property tax funds for their important to public safety and to the image collector and arterial streets. Citing this fact, of Minnesota cities. Cities are acutely aware the 2005 Legislature appropriated$4 million of the responsibility they have for enforcing in additional local government aid (LGA) to property maintenance codes pertaining to be distributed to cities under 5,000 grass mowing, noxious weed abatement,the population. However, this increase amounts placement of trash in yards and fence to a fraction of what cities over 5,000 maintenance. population receive in municipal state aid (MSA) from the Highway User Tax Minnesota has many miles of highways that Distribution Fund (HUTDF).Additionally, run through cities. In recent years,the small cities are underserved by regional Minnesota Department of Transportation transit services and do not have resources to (Mn/llOT)has cut a substantial percentage create or maintain independent transit of its rights-of-way management staff.The systems. cuts have resulted in reduced maintenance along some corridors and on parcels Response: Cities under 5,000 population acquired by Mn/DOT for transportation that are not eligible for MSA should be purposes. Specifically,Mn/DOT has able to use county municipal accounts reduced the frequency of mowing, litter and the 5 percent account of the HUTDF. collection,noxious weed abatement, graffiti abatement and repair of fences and guard Uses of county municipal accounts should rails. This maintenance reduction has be statutorily modified so counties can created public safety concerns,undermined dedicate these funds for local arterials efforts to keep corridors attractive and and collector streets within cities under presented challenges for communities 5,000 population. In addition,the 5 working to promote economic development. percent set-aside account in the highway user distribution fund should be used to Response: Mn/DOT must maintain state meet this funding gap. rights-of-way and parcels acquired by Mn/DOT for transportation purposes Finally,state leaders should equitably located within city limits in a manner distribute transit resources so that consistent with local ordinances residents of small cities have adequate governing the upkeep of private property access to transit services. when requested by the city.Alternatively, Mn/DOT should reimburse Minnesota LE-34. Complete Streets cities for the labor,supplies,and equipment necessary to maintain state Issue: There is increasing public support rights-of-way to meet city standards for the reform of local street design policies and/or minimize public safety hazards. to make streets safer for pedestrians, cyclists The Legislature must provide Mn/DOT and neighborhood residents. with adequate funds to maintain state Response: The League of Minnesota rights-of-way. Cities supports reforms in state design 64 League of Minnesota Cities guidelines for local streets that would give • The issues associated with long trains cities greater flexibility to safely moving through communities. accommodate all modes of travel, . Difficulty imposing and enforcing ►ncluding walking and biking. The state whistle-blowing ordinances. should also provide incentives such as . Unabated graffiti on railroad cars and grants to local units of government structures. working to advance complete street . Pre-emption of local authority to projects. regulate railroad activities. The League opposes state imposed Response:The League of Minnesota unfunded mandates that would increase Cities opposes legislation and policies that the costs of building streets in contexts disproportionately shift authority,costs where facilities for cyclists and and/or liability away from railroad pedestrians are unnecessary or companies and onto other entities. The inappropriate. railroad industry,along with state and federal government must adequately LE-35. Railroads mitigate the negative impacts of railroads Issue:Railroads impose far-reaching and on communities.Railroads must be long-term impacts on communities. While required to pay for improvements that benefit the rail industry or are required railroads often support economic activity for safe crossings. The public sector and can relieve pressure on roadway and should not incur the costs of bridge infrastructure,they also bring noise, improvements sought by the private environmental impacts and safety sector,and cities should not be required challenges. Below are some of the concerns to fund most of the cost of crossing cities have raised about railroads: repairs or improvements. The federal government must exercise greater • The cost-share ratio related to roadway aversight of the STB to ensure fair and crossing improvements is borne equitable solutions are reached when disproportionately by the public sector. dealing with cities in Minnesota. Some estimates are 80 percent public to 20 percent private funding, regardless of LE-36. Airport Planning and the public entity's ability to pay or Funding whether service is provided within the community. Issue:Airports are an essential component • Legislation brought by the railroad of Minnesota's transportation infrastructure. industry that would exempt railroads The Minneapolis-St. Paul International from stormwater fees and assessments Airport(MSP) serves as an important and shift the cost of complying with gateway to the region,the nation and global stormwater management to other markets. It serves as a primary access point property owners. to our national airport system. This airport, • The financial burden is faced by the even with all the planned improvements, public sector to deal with mitigation vvill eventually reach its capacity. The state improvements, a cost that the Surface needs to implement a long term strategy to Transportation Board (STB) is not make better use of other airport facilities and requiring the private sector to pay. existing resources, reduce environmental 2012 City Policies 65 impacts, and achieve sound and sustainable The state needs to make planning and economic growth throughout the state. investment decisions that will maximize the potential for airports to become Aviation planning is a multi-layered effort economic development centers that with different levels of responsibilities. provide access to domestic and global Currently,the State Airports System Plan is marketplaces. Investments in airports put together by Mn/DOT with individual allow existing businesses to remain and pieces developed by the Federal Aviation grow,help attract new businesses, Agency(FAA), Metropolitan Council (MC), increase employment,and lower product and Metropolitan Airports Commission and service costs for the benefit of the (MAC).Aviation planning could be region. Finally, the Legislature must improved by a more unified statewide effort repay the State Airport Fund so that and coordination of the various aviation airport maintenance and improvements strategies through creation of an oversight throughout Minnesota can occur. body. Minn. Stat. § 360.017 establishes the State Airport Fund and authorizes the Minnesota Department of Transportation (Mn/DOT) Office of Aeronautics to support cities, counties and townships in the planning, development, maintenance and safe operation of public airports. In 2003, in order to help balance the state's budget,the Legislature transferred $15 million from the State Airport Fund to the General Fund. Plans to repay the State Airport Fund in 2007 were delayed to 2008,then again to 2009, and stakeholders fear more delays will occur.Efforts to preserve and improve the quality of airports throughout the state will be hindered by the unavailability of these revenues. Response:The state needs a higher degree of integration of agencies(FAA, Mn/DOT,MC,and MAC)and communities related to aviation planning. The League of Minnesota Cities supports the development of a statewide airport advisory board,which could provide input, review and make recommendations to assist in development of a comprehensive statewide State Airports System Plan. 66 League of Minnesota Cities IMPROVING FISCAL FUTURES FF-1. State-Local Fiscal Relations their available revenue sources, including the property tax and the Issue: Since the 1970s, services provided by amount of funding they receive from Minnesota cities have been largely funded local government aid and similar through a combination of property taxes, programs.The current practice of state aids, and state property t�relief almost annual adjustments to local programs. This system of municipal finance government aid (LGA) and similar has evolved to ensure that municipal programs, recent unallotments of the services can be funded without excessive appropriation and the imposition of local tax burdens. levy limits do not allow for prudent tinancial planning and decisions. In In recent years,the state-local partnership addition,the 2011 state government has eroded under the stress of state budget shutdown further decreased the deficits and an emerging belief among certainty of the system when the legislators that cities should be more Department of Revenue indicated that financially independent. If this trend despite the standing LGA continues, further reductions in state aid to appropriation,the shutdown of many cities will create fiscal problems for many state government operations would communities already struggling with the prevent the distribution of the LGA. effects of recent aid reductions and the shift . Adequacy. The revenue sources away from an interdependent state-local available to cities and the state must fiscal policy. raise adequate funds to meet city needs,to fund mandates,and to Response: The League of Minnesota maintain Minnesota's long-term Cities supports a strong state-local fiscal competitiveness. partnership.The state-local fiscal system, • Flexibility. As cities become and any future modifications,should be increasingly diverse in their consistent with the following principles: characteristics and as existing aid and credit programs have eroded,a "one- • Accountability. Cities believe a viable size-fits-all"system that limits all partnership with the state requires cities to the property tax as the major, cities and the state to communicate non-state aid revenue source is effectively with each other and with increasingly unworkable. Some cities the public about their roles and have suf�cient property tax base to responsibilities. Cities and the state sustain an adequate service level, but must also exercise sound financial many do not. Cities should have stewardship,including maximizing greater access to other tax and efficiencies in service delivery and revenue sources than currently other means of cost containment permitted. whenever possible. • Equity. All citizens should receive • Certainty. Cities need to have more adequate levels of municipal services certainty and predictability in all of at relatively similar levels of taxation. 2012 City Policies 67 This means that the state should into the next biennium and on to local units provide financial assistance to cities of government. The 2011 special session that have high needs,low fiscal budget solution shifted$2.2 billion in school capacity,or both. The state should aid payments, cut state spending by$2 also provide�nancial assistance to billion, borrowed $640 million in future compensate cities and their taxpayers state revenues through the use of tobacco for overburden created by non- bonds and depleted the state's already slim taxpaying users of city services and to reserves by$179 million. According to the reduce tax burden disparities among end-of-session general fund analysis communities and between cities and prepared by the Department of Management surrounding areas. and Budget,the state now has no rainy day fund and the cash flow account has only$95 FF-2. Economic Contributions by million available to cover daily budget peaks Cities and valleys. Prior to the 2008 recession, the state's rainy day fund was $653 million and Issue: Cities provide and maintain the the cash flow account was $350 million, physical infrastructure as well as the social levels that even at that time were considered and economic infrastructure necessary to insufficient given the size of the state support a large share of the state's economic general fund budget. activity. In addition, cities play a major role in statewide economic development Response:To address future state budget activities that assist businesses with de�cits,the Legislature: expansion and job creation. The importance of cities to the overall vitality of the state's • Must consider all options,including economy is frequently overlooked in state revenue increases,with a particular policy discussions. focus on changes that increase state revenues and improve the stability of Response: To provide lawmakers with the state's revenue stream. information on the economic activity • Must not further reduce funding for occurring within cities,the Department of property tax relief programs to cities. Revenue should annually collect and • Must not further accelerate the compile information on major state tax remittance of sales tax collections,and collections within each city,in addition to should make steps to reverse this. county and regional reports. . Must consider the aggregate impact of recent budget cuts in order to enact a FF-3. State Budget Stability balanced response for taxpayers. • Must reinstate estimates of Issue: Since 2002, the Legislature has inflationary increases to expenditure annually struggled to solve a series of estimates. projected budget deficits. Past efforts to . Should build at a minimum,a five- solve the state deficit have largely focused percent budget reserve and should on expenditure reductions, shifting of costs establish state budget stability as a to other governments, delays in payments, state priority.This includes the use of one-time reserves and fee and fine prioritizing stability ahead of sending increases. Unfortunately, the state's heavy back tax rebate checks as was done in reliance on short-term solutions has only 2000. shifted a large share of the deficit problem 68 League of Minnesota Cities • Should modify the unallotment statute tax bases,the League of Minnesota Cities to place a reasonable statutory limit continues to support an increase in the on the percentage and timing of the LGA appropriation to at least the level state's budget that can be unallotted that would have been provided prior to during a biennium without legislative the 2003 cuts,including the restoration of approval. the annual inflation adjustment. • Must emphasize long-term budget solutions and budget stability and the FF-5. Local Government Aid continuation of state government Reform operations. • The League of Minnesota Cities Issue:The Local Government Aid (LGA) supports the principle of program was created as a component of the representative democracy that allows larger property tax reform passed in 1972 the state Legislature to formulate the known as the"Minnesota Miracle."Prior to state budget without new restrictions 1971,the state maintained a number of on revenues or expenditures. smaller state aid programs, many of which were"shared tax"programs which FF-4. Funding Local Government distributed aid based solely on the Aid geographic location where the revenue was collected. In contrast,the LGA program was Issue:Local government aid (LGA) is an established to provide aid to cities based on important component in the state's property differences in"need"and differences in tax relief system. Since 2003, LGA and the "ability"to raise revenue. Although the now-repealed market value homestead credit LGA formula's measures of need and ability (MVHC)have been repeatedly cut by the to pay have been modified over the years, Legislature and governor. In 2010 alone, the general goals of the formula have been cities experienced a reduction of more than to equalize ta�c bases, assist cities with $180 million in revenues from these service "overburden"and to reduce the programs and in the 2011 special legislative overall reliance of cities on the property tax. session, LGA was retroactively and permanently reduced by$102 million per In the 2011 special session tax bill,the 2011 year beginning in 2011 and the 2011 MVHC LGA distribution to cities was retroactively distributions to cities were reduced by$48 reduced by$102 million from the original million. certified$527.1 million appropriation.The 2011 special session ta�c bill essentially froze Despite these deep cuts in city aid and credit the LGA formula for two years. For 2011 programs,the state budget problems have and 2012, each city will receive the lesser of not been fully resolved. For the 2012-2013 their 2010 distribution after the ratified biennial budget,the state essentially has no unallotment cuts and the 2010 supplemental budget or cash flow reserves and looking budget cuts or the city's certified 2011 ahead,the 2014-2015 biennial general fund distribution. For the 2013 distribution, budget deficit is currently projected to be current law requires that the formula again $1.9 billion. be used to compute the distribution to each city. Response:In order to reduce pressure on the property tax, and to equalize property Response: The League of Minnesota Cities supports the 20081egislative study 2012 City Policies 69 of the current LGA formula with the goal should be given the option to self- of increasing the stability and administer or contract with the private predictability of the formula while sector for the service if the state cannot identifying a new system or modifications provide the service at a reasonable cost. to the existing system to address current formula deficiencies.A new LGA system FF-7. Reporting Requirements should be a functioning formula that considers easily measurable need and Issue: Budget and financial reporting capacity factors that are examined and requirements imposed on cities by the state updated regularly,should minimize the often result in duplication and additional reliance on "side pots,"and should reduce costs. In addition to the state mandated tax burden disparities among cities and annual audits under Minn. Stat. §471.697- between cities and townships. As part of .698, cities are required to prepare and the LGA study group's fact-finding and submit or publish numerous other budget to facilitate on-going analysis of the state- and financial reports including but not local fiscal relationship,the Department limited to: of Revenue should annually collect and compile information on state tax • Summary budget reports (Minn. Stat. § collections within each city, in addition to 6.745); the county and regional reports. • Treasurers report to the city clerk(Minn. Stat. § 412.141); FF-6. State Charges for • Statement of tax collections and other Administrative Services income by clerk to the city council (Minn. Stat. § 471.69); Issue: Currently, some state agencies have • Report on outstanding obligations and wide discretion in setting the fees for special the purpose for each issue filed with the services they provide to local governments. county auditor(Minn. Stat. § 471.70); With recent state budget reductions, state • Publication of summary budget agencies could turn to charges and fees to statement(Minn. Stat. § 471.6965); replace lost revenues. Increases in charges . Publication of statement of liquor store and fees would place additional fiscal operations(Minn. Stat. § 477A.017); hardship on cities that have already . Liquor store audited financial statements experienced severe losses of local (Minn. Stat. § 471.6985); government aid(LGA)and market value . TIF district plan and amendments(Minn. homestead credit(MVHC) funding. Stat. § 469.175, subd. 4a); • TIF district annual disclosure(Minn. Response: State agencies should be Stat. § 469.175, subd. 5); required to justify their service fees or for . TIF district annual financial report increases in existing service fees and not (Minn. Stat. § 469.175, subd. 6); charge more than what is fair, reasonable, and proportionate to the cost of service. • Business subsidy reporting(Minn. Stat. § 116J.993 through 116J.995); Agencies should give adequate notice of . State required financial activity reports increases to allow local governments to (Minn. Stat. § 6.74); budget for the increases. State agencies . Local improvement requirements(Minn. should set administrative service fees as close as possible to the marginal cost of Stat. § 429.031); providing the service.Local government 70 League of Minnesota Cities • Development and permit fees report complexity and confusion to the Minnesota (Minn. Stat. § 326B.145); property t�system. • Utility annual financial statements (Minn. Stat. § 412.381); Response: In the future,the Legislature • Housing and redevelopment authority should not use market value exemptions annual financial report(Minn. Stat. § such as limited market value to reduce 469.013); the annual increase in property taxes. • Federal single audit or a program- Instead,the state should buffer property specific audit(31 U.S.C.A. § 7502 tax increases on homeowners by (a)(1)); increasing the circuit breaker and targeting programs. The Legislature Response: Requirements for reporting should also convert the circuit breaker and advertising financial and budget and targeting into automatic refunds to information should be carefully weighed qualifying taxpayers. to balance the validity of the need for additional information with the costs and FF-9. Market Value Homestead burdens of compiling and submitting this Credit and Homestead Market information.In addition,all state agencies Value Exclusion should be aware of the information already required by others to avoid Issue:The 2011 Legislature and governor duplication of reporting requirements. To passed a law that repealed the existing this point,the Legislature should market value homestead credit effective for consolidate municipal government taxes payable in 2012.To buffer the effects financial reporting requirements in the of this change on homeowners,the Office of State Auditor,include an Legislature enacted a new homestead market electronic submission alternative to any value exclusion system that reduces the remaining paper filing requirements and value on which qualifying homeowners pay authorize the use of web publication property taxes. This new exclusion system where newspaper publication is currently will shift tax burdens to other property types required. Finally,as the various including businesses and aparhnents that do government redesign committees not receive the value exclusion. These established by the 2010 Legislature property tax shifts have raised concerns and develop recommendations to the suggestions that the former system should be Legislature, minimizing the reporting restored. mandates should be a priority. Response: The League of Minnesota FF-8. Limited Market Value and Cities supports providing additional Homestead Tax Burdens property tax relief directly to homeowners through an expansion of the Issue:The limited market value (LMV) property tax relief(PTR) program. The program ended after the 2009 property tax League opposes the restoration of the year. Although the LMV program may have market value homestead credit(MVHC) reduced annual property t� increases for and encourages the elimination of the new qualifying properties, it had the undesirable homestead market value exclusion side effect of shifting t�es to other, non- (HMVE). The League further opposes benefitting properties and also added 2012 City Policies 71 more complex and cumbersome additions newly-taxed goods and services.Any sales to the property tax system. tax study conducted by the Department of Revenue or the Legislature should review FF-10. Sales Tax on Local the practice of local units of government Government Purchases paying sales tax. Issue: When the state was experiencing a FF-11. Sales Tax on Capital budget shortfall in 1992,the Legislature Equipment repealed the sales t�exemption for city, county and township purchases but Issue: Purchases of capital equipment used preserved the school district exemption. in the production of taxable goods are Cities now pay state sales t�on purchases exempt from Minnesota sales tax. When a like road maintenance supplies and contractor installs the equipment,however, equipment,wastewater treatment facilities, cities and other entities must pay the tax and and some public safety equipment. This tax follow an elaborate process to receive a currently costs local property taacpayers and refund.This process includes a requirement ratepayers more than$100 million annually. for an up-ftont written agreement appointing In addition,proposals to extend the sales tax the contractor as the purchasing agent. Many to services would have the effect of cities and other entities fail to follow the increasing local government costs and process properly or are unaware of the property taxes. Because no additional state process until after the project has been aids were added to offset the additional cost, initiated, resulting in a forfeiture of the tax this repeal has effectively increased local exemption. property taxes to finance state operations. In recent sessions, there have been city specific Response: The League of Minnesota requests for exemptions that have been Cities supports legislation that would granted by the Legislature including a local allow the exempt entity to be eligible for wastewater treatment plant exemption and the refund,even if the application is the Legislature has granted several large submitted after the project has been private exemptions, including an exemption initiated. for the Twins baseball stadium in Minneapolis.Additionally, there have been FF-12. Taxation of Electronic itemized exemptions proposed, such as for Commerce water or wastewater systems, public safety equipment or local transportation projects, Issue: Sales over the Internet and through that would provide cost-savings far cities. other electronic means are projected to increase exponentially over the next several Response: The state should reinstate the years. Electronic transactions pose sales tax exemption for all local significant tax-policy challenges because of government purchases. The exemption the difficulty of assigning a location to must not be coupled with cuts in local electronic sales and because many Internet government aid (LGA) or other state- goods are not tangible property. shared revenues. Response: Federal tax policy should not Any future expansion of the sales tax base place main street businesses at a should include, at minimum,an competitive disadvantage to electronic exemption for purchases by cities of the retailers, must not jeopardize repayment 72 League of Minnesota Cities of bonds backed by state and local sales adopt the OTC's business model. The 2011 tax revenues,and should ensure stability Legislature made clarifications under Minn. in state and local revenues.To address the Stat. §297A.61 and 297A.66 that defines challenges created by the growth of "accommodations intermediary"and electronic commerce,the League of requires them to collect the sales tax on the Minnesota Cities supports the multi-state total charge to the customer, but there are effort to develop a streamlined sales tax still questions on the application of the new system. law. The League also supports federal Response: The League of Minnesota legislation,such as H.R.2701/S. 1452,the Cities opposes legislation that grants Main Street Fairness Act,which would OTCs a tax exemption that terminates provide congressional authority for states existing,or bars future obligations to pay that comply with the Streamlined Sales hotel taxes to state and local governments, and Use Tax Agreement to require or otherwise restrict legal actions by remote retailers to collect and remit state states and localities. sales taxes. FF-14. Taxation of Electric In the absence of Congressional action to Generation Personal Property require remote retailers to collect and remit state sales taxes,the League Issue: Investor-owned utilities (IOUs)have supports proposals such as the affiliate a longstanding relationship with Minnesota nexus initiative that would extend state cities. IOUs site baseload power plants in sales tax collection responsibilities to host communities, and in exchange pay certain remote retailers by creating a personal property tax on attached generation rebuttable presumption that a remote machinery to the cities, counties and school . retailer maintains a place of business in districts hosting the plants. These plants the state if they enter into an agreement bring jobs to our communities, but they also with a solicitor for the referral of create nuisances such as air pollution, Minnesota customers for a fee. nuclear waste,noise, vibration, and coal train traffic.They also create security risks FF-13. Online Travel Companies and take up land that could be used for and Local Hotel Occupancy Taxes other, less disruptive commercial and industrial development. Cities believe Issue: In the past, online travel companies personal property taxes paid by IOUs are a (OTCs)were collecting hotel occupancy fair compensation for the environmental and taxes from consumers but only remitting a economic costs of hosting baseload power fraction of the taxes collected to local and plants. state governments. OTCs are seeking federal legislation to relieve them from their IOUs argue that personal property tax relief obligations and deprive state and local is important to pass along to their governments of virtually all hotel taxes. The shareholders and ratepayers. However, only Center on Budget and Policy Priorities a few IOU shareholders and ratepayers estimates the minimum annual revenue loss actually live in the communities hosting to local and state governments under the baseload power plants.Further, almost all OTC's proposal will exceed $1 billion and new power plants receive personal property increase to $8.5 billion annually if hotels tax exemptions from the Legislature, while 2012 City Policies 73 host communities with existing, non-exempt Gradually, as regulation increased, states baseload plants will continue to have them adopted the exemptions to help companies far decades to come. offset the cost of the equipment. Response: Personal property taxes on This tax benefit erodes local tax bases. In attached electric generation machinery 2007, more than$1 billion of personal and are a fair way to spread the real property for electrical generation was environmental and economic costs of exempted from the market value of utilities. electric generation power plants among The incentive value of this benefit is low all IOU shareholders and ratepayers.The because utility companies are often required League of Minnesota Cities supports the to install the equipment anyway. In continuation of personal property taxes addition,these companies frequently recover paid by IOUs to host communities for the cost of the equipment through rate riders existing and new faci[ities. granted by the Public Utilities Commission. Allowing the pollution control equipment FF-15. Taxation of Municipal Bond exemption places the cost of this equipment Interest on the citizens of the host community, rather than the purchasers of electricity. Issue:The state law that grants a t� exemption for municipal bond interest Response: The pollution control lowers borrowing costs for cities and exemption places an undue burden on reduces property tax levies. host communities without incentivizing the environmentally responsible behavior Response: The state should maintain the that it was originally created to tax exemption for municipal bond interest encourage. The League of Minnesota income. Cities supports narrowing or etiminating the pollution control equipment FF-16. Pollution Control exemption for investor owned electric Exemption generation facilities. The League would also support aliowing utilities to recover Issue: Minnesota grants electric utilities their costs relating to the poilution control and several other industries a property tax equipment by spreading those costs to exemption for personal and real property electricity users. that is primarily used for pollution control. Minnesota adopted the property tax FF-17. State Restrictions on Local exemption that now extends to electrical Budgets generation systems, agricultural operations, and wastewater treatment facilities in 1967, Issue: During the 20081egislative session, before water and air pollution were heavily levy limits were imposed on cities over regulated by the Environmental Protection 2,500 population for three years. Levy limits Agency and the Minnesota Pollution Control replace local accountability with a state Agency. The language and the purpose of judgment about the appropriate level of local these statutes have evolved through the taxation and local services.Additionally, years. When states first began adopting state restrictions on local budgets can have a these t� incentives in the 1960s,they hoped negative effect on a city's bond rating due to to encourage utilities, industrial plants, and the restriction on revenue flexibility. others to install pollution control equipment. 74 League of Minnesota Cities Levy limits also fail to account for the Levy limits based on market value, decertification of tax increment financing including those impacting economic districts. Upon decertification,the property development authorities,housing and taxes that were formerly collected and used redevelopment authorities and port to support the public improvements in the authorities and debt limits based on TIF district can no longer be collected at the market value should be computed on same rate and used to support ongoing market value of the jurisdiction before general city operations. the homestead market value exclusion. With the conversion of the market value FF-18. Truth-in-Taxation (TNT) homestead credit to the new homestead Process market value exclusion, a number of levy restrictions based on market value related to Issue: Cities must set a preliminary levy by specific functions such as economic September 15,which is the levy used to development authorities(Minn. Stat § compute the parcel-specific truth-in-taxation 469.107),housing and redevelopment forms. With only a few limited exemptions authorities (Minn. Stat § 469.033)and port (voter-approved levies, levies for natural authorities(Minn. Stat § 469.053)may disasters and levies for certain tort inadvertently experience a reduction in their judgments),this preliminary levy, by law, levy authority. In addition, debt limits based becomes the maximum that cities can levy on market value may be similarly reduced. the following year.As a result, cities may be The impacts on these entities will vary unable to budget for unforeseen needs that significantly from jurisdiction to jurisdiction arise after September 15. based on the number and market value of homesteads within the jurisdiction. These The 2009 Legislature eliminated the levy limits and debt limits were converted to separate TNT hearing requirement and a percentage of market value to avoid replaced it with a requirement that the public having indirect legislative actions, such as be allowed to speak at a regularly scheduled class rate changes, from decreasing or meeting on the budget and tax levy. These increasing levy or debt autharity. changes erroneously repealed an exception to the TNT process for cities adopting their Response: City councils are elected to levies at or less than the current rate of make decisions about local budgets and inflation. meeting community needs and despite four years of deep cuts in state aid and With the major property tax changes enacted credit reimbursements, recent city levy by the Legislature in 2011, city officials increases have been well below the have found it difficult to explain to local previous ten-year average.It is taxpayers not only the effects of their budget inappropriate for the Legislature to and levy decisions but also the separate undermine local decision-making and effects of the actions of the state Legislature. accountability through the continued imposition of levy limits or proposals such Response: Cities should have the as the"taxpayers' bill of rights." The authority to increase the final levy from League of Minnesota Cities supports the the preliminary levy with the approval of principle of representative democracy the commissioner of the Department of that allows city coancils to formulate local Revenue,to meet additional,unforeseen budgets without state restrictions. and uncontrollable needs,including 2012 City Policies 75 arbitrator awards resulting from labor Response: The state should respect local negotiations,the impact of new and decisions on adequacy of local fund existing federal or state mandates balances.The League of Minnesota Cities including administrative rules,or other opposes any attempt to divert local non-discretionary budget factors. reserves to benefit the state budget. The 2009 TNT changes should be FF-20. City Revenue Diversification carefully reviewed to assure that the legislative intent is reflected in the Issue:Under current state law,the property amended statutes.The exception to TNT tax is the only generally accessible form of for cities with more than 500 residents local tax revenue for cities. Lack of adequate and a proposed levy increase below the growth in state aid programs, and the deep implicit price deflator(IPD) should be cuts that have occurred over the past four reinstated. years will almost certainly lead to a significant increase in city reliance on In order to assist local officials with the property taxes in the future.Allowing cities challenge of explaining legislative changes to diversify their revenue stream would to the property tax system,legislators prevent rapid rises in property taxes. should attend and be encouraged to participate in local government budget The basic public finance rationale for hearings in their districts. diversification of local tax systems is rooted in the fact that economists generally agree FF-19. City Fund Balances that there is no perfect tax. Each tax has unique strengths and weaknesses and the Issue:As a component of a prudent more intensively any single tax type is used, financial management plan, cities maintain a the more obvious its shortcomings become. fund balance composed of cash flow funds, For example,the property tax is generally savings for projects, rainy day reserves to regarded as being very stable throughout the maintain high level bond ratings, and to economic cycle and it is considered to be a minimize borrowing costs. Although the size relatively easy tax to administer and enforce. of a city's fund balance should be However,when property tax burdens determined through local financial needs become too high,there may be negative and local preferences, some cities are being consequences for other public policy criticized for maintaining"excessive" objectives such as business development and reserves. home ownership. The Office of the State Auditor(OSA) In addition to avoiding the problems created report measures city fund balances on by excessive reliance on any single tax, a December 31, shortly after the city receives balanced and diversified revenue system far its largest sources of revenue from the Minnesota cities may create a more property tax and state aid distributions. To favorable business climate and provide for measure at this time,however, yields a greater stability of revenues to the recipient picture of a high fund balance even though government unit throughout the course of the city will spend down these funds to cash the ecoriomic cycle. flow the next five to six months of its operations. Response: Cities should be able to diversify their sources of revenues. State 76 League of Minnesota Cities law should,in addition to eliminating conduct the referendum. This new restriction state approval for local sales taxes, be raises the question as to whether cities can modified to generally authorize any city use public funds to educate and inform the to impose other types of taxes such as a public on the issue. Unlike the 2008 local payroll tax or an entertainment tax moratorium,this new language does not with the adoption of a supporting sunset. resolution by the city council and after approval by the voters at a general or Response:The League of Minnesota special election. Cities continues to support a statutory change that will allow a city to enact a In addition,cities should be able to local sales tax for public improvements, modify the use of their local lodging tax including but not limited to those revenues and have general authority to specified in the 2011 legislation, SF467, create utilities,similar to the storm sewer under the process outlined in Minn. Stat. utility authority,in order to fund local §297A.99 but without the need for the services where benefit or usage of the approval by the Legislature and governor service can be measured. through the passage of special legislation. The League supports allowing the FF-21. Local Option Sales Tax referendum to be conducted at either a general or a special election. Finally,the Issue: Under Minn. Stat. § 297A.99,the League supports modifications to clarify Legislature has created a set of local sales that cities may expend public funds to tax rules and a defined process by which educate city residents and businesses on cities and other political subdivisions can the proposed local sales tax. impose a general local option sales tax. Although the statutory process requires the FF-22. City Franchise Authority city council to adopt a resolution supporting the local sales tax and also requires the city Issue:Under Minn. Stat. ch. 216B and to seek voter approval of the sales tax at a Minn. Stat. § 300.03, a city may require a general election, the process continues to public utility furnishing gas or electric utility require the final authorization of the local services or occupying streets, highways or sales tax by the Legislature through the other public property within a municipality passage of a special law. During the 2011 to obtain a franchise to operate within the session,nine cities successfully sought community. In addition, cable system legislative authorization to impose new local operators are required to obtain a franchise sales taxes or to amend an existing local under Minn. Stat. ch. 238. sales tax.As a result,there are now 31 cities that impose a general local sales tax. Under a franchise, the city may require the utility to pay a fee to the municipality to 2011 Minn. Laws lst Spec. Sess. ch. 7 help offset public maintenance costs for the included a provision that prohibits a local public property and generate a return on a government that is seeking a local sales tax publicly held asset. The fee is intended as a from advertising or expending funds for the mechanism by which gas or electric utilities promotion of a referendum to support with facilities occupying the public streets imposing a local option sales tax. The new and highways compensate the city for the restriction also states that a political use of a valuable public asset and/or for the subdivision may only expend funds to increased maintenance and reconstruction 2012 City Policies 77 costs associated with having facilities in the This program compensates host right-of-way. communities that have lost more than 4 percent of their net tax capacity as a result of State law currently allows the franchise fee Department of Revenue's rule changes. to be based upon gross operating revenues or gross earnings of the utility from its Response: The League of Minnesota operations in the municipality. In this Cities supports the continuation of the manner, all utility users within the Utility Valuation Transition Aid program municipality contribute to the public costs and opposes any efforts to divert associated with the utility operation. In the promised funds away from host absence of franchise fees, municipal costs communities for any purpose including resulting from utility operations are balancing of the budget should there be a currently being funded through the property budget deficit. If the Legislature does tax,which is being paid for by property tax determine that is necessary to re-allocate payers. the funds in the Utility Valuation Transition Aid program for another Response:Municipal authority to collect purpose,the League supports other franchise fee revenues from utilities is an legislative efforts that would compensate important�nd equitable mechanism to the host communities for the economic offset the costs of maintaining public and environmental costs of hosting these right-of-way and to generate a return on facilities. These other efforts could a publicly heid asset. Municipal franchise include,but are not limited to increasing authority must be preserved. In addition, the class rate on utility property to the in situations where a local provider extent that it would offset the negative decides to sell their operations,the city effects of the utility valuation rule change. must have the right of first refusal to purchase the assets of the utility. FF-24. Payments for Services to FF-23. Utility Valuation Transition Tax-Exempt Property A1d Issue:Taxable property in many cities is being acquired by nonprofit and government Issue: In 2007 the Minnesota Department entities. Converting the property to tax- of Revenue revised its rules regarding the exempt status can lead to serious tax base valuation of electric and natural gas utility erosion without any corresponding reduction property. This change in the rules resulted in the service needs created by the property. in valuation changes for utility property that dramatically reduced the amount of revenue Response: Cities should have the that local governments will collect in authority to collect payments from property t�from these utilities. statutorily-exempt property owners to cover costs of service similar to the Recognizing that the communities that host authority provided under the special these utilities bear extraordinary burdens assessment law. connected with stress on local infrastructure, public safety, and public nuisance due to the FF-25. Fire Service Taxing Districts presence of these facilities in their communities,the Legislature created the Issue:Fire service districts have the Utility Valuation Transition Aid program. potential to reduce duplication of equipment 78 League of Minnesota Cities purchases and services, and to improve Response: The Housing Improvement uniformity of service delivery throughout a Areas statute should be made permanent. region. One obstacle to establishing fire Additionally,the Legislature should service districts is the absence of statutory consider changes to the statutes that authority to establish fire taxing districts. would clarify or add specificity to the The Legislature has granted authority for process for using the housing special taxing districts to provide services improvement area statute. such as watershed management and emergency medical services. In spite of FF-27. Tax-Forfeited Properties growing funding and staffing challenges, and Local Special Assessments this authority does not currently exist for providing fire protection services. Issue: Special assessments are a charge, authorized by the Legislature and state law, Response: The League of Minnesota imposed on properties for a particular Cities recognizes that some regions of the improvement that benefits those selected state could sustain or improve fire properties. Cities follow complex,time- protection services if�re taxing districts consuming statutory special assessment were authorized. The League supports procedures to specially assess the authority for local units of government to appropriate amount of the local establish fire service taxing districts infrastructure improvements to those provided that 1) participation in a district properties. is a local decision,and 2) fire taxing districts must be governed by elected if a property with validly attached special officials representing the participating assessments goes into tax-forfeiture,the � entities. county auditor cancels all of the local � special assessments due and remaining FF-26. Housing Improvement unpaid on each parcel which is authorized in Areas Minn. Stat. § 282.07. Therefore, the city loses the funds previously budgeted and Issue: In 1996, cities were granted general planned for to pay for the local authority under Minn. Stat. § 428A.11 to § improvements. To underline this point,the 428A.21 to use Housing Improvement Areas funds have already been expended and if not (HIAs) in order to finance housing collected, result in losses to the city. improvements for condominium and townhome complexes. Several cities have When tax-forfeited land returns to private used this tool, and found it to be a useful ownership, and the parcel benefitted from an mechanism for maintaining older association improvement for which the city canceled homes. This general law sunsets on June 30, special assessments because of the 2013,which means this important funding forfeiture,the city may assess or reassess the tool will expire for cities. In 2010,the parcel. But cities must go through the same Legislature passed legislation increasing the cumbersome notice and hearing procedures required petition percentage from 35 to 50 in order to re-attach the assessments. percent that is needed to file the initial petition. Additionally,they increased the Response: The Legislature should remove percentages needed for vetoing a housing cancellation of local special assessments improvement area project from 35 to 45 from state law,allowing cities to receive percent. the funding validly assessed and counted 2012 City Policies 79 on to fund local infrastructure FF-29. Impact Fees improvements. Issue:New development and the resulting FF-28. Distribution of Proceeds growth create an increased demand for from the 5ale of Tax-Forfeit public infrastructure and other public Property facilities. Severe constraints on local fiscal resources and dramatic forecasts for Issue:The apportionment of the proceeds population growth have prompted cities to from the sale of tax forfeit property provides reconsider ways to pay for the inevitable a process for the repayment of special costs associated with new development. assessments but does not require the repayment of unpaid utility charges or Traditional financing methods tend to unpaid building and development fees. In subsidize new development at the expense addition, counties are allowed to use 30 of the existing community, discourage sound percent of the amount remaining after the land-use planning, place inefficient deduction for administrative expenses and pressures on public facilities, and allow the repayment of special assessments for under-utilization of existing infrastructure. forest development projects and then 20 Consequently, local communities are percent of any remaining proceeds for exploring methods to ensure new county parks and recreation projects. The development pays its fair share of the true structure of the distribution of the proceeds costs of growth. Given the existing frequently results in cities receiving a very authorization to impose fees on new small percentage of the forfeit sale proceeds. development for water, sanitary and storm As a result cities may not recoup even a sewer, and park purposes, it is reasonable to portion of the unpaid taxes owed on a extend the concept to additional public property. infrastructure and facilities improvement also necessitated by new development. Response: The League of Minnesota Cities supports changes in the Response: The Legislature should distribution of the proceeds from the sale authorize local units of government to of tax forfeit property contained in Minn. impose impact fees so new development Stat. §282.08 to elevate the priority for pays its fair share of the off-site,as well as repayment of unpaid charges for the on-site,costs of public infrastructure electricity,water and sewer charges and other public facilities needed to certified pursuant to Minn. Stat. §44.075 adequately serve new development. subd. 3(e)and any unpaid fees prescribed FF-30. E ul �n Libra Fundin pursuant to Minn. Stat. § 462.353 subd. 9 t3' � �' g 4(a)to require those unpaid charges and Issue:Many community libraries in fees to be repaid immediately after Minnesota are city owned.Although located unpaid special assessments.The League in an individual community, city libraries also supports the elimination of the serve a much wider area. In some Minnesota apportionments for county forest development and county parks/recreation counties,there are wide disparities between areas while allowing counties to use their city and rural tax burdens for library 40 percent share of the remaining services. Furthermore, library services have proceeds for these uses. expanded over the years with the offering of videos and Internet access in many 80 League of Minnesota Cities locations, putting more demand on stretched many instances, cities participate in the library budgets. funding of these programs and with the statutory limit on the amount school districts Response: The League of Minnesota can levy, the increased cost of these Cities supports equity in availability of programs is increasingly falling on cities and quality library services to city and their property taxpayers. In areas where the township residents as long as there is school district is significantly larger than the equity in local property tax levies for city,the burden of funding these programs is libraries among participating falling disproportionately on city taxpayers jurisdictions.To that end, policymakers while the programs benefit the entire school should explore the idea of regional public district. library districts on a statewide basis, similar to the authority currently in Response: The League of Minnesota Minn. Stat. § 134.201 for certain regional Cities supports a statutory increase in the systems. community education revenue authorization for school districts. If cities where a library is located are Increasing the amount of the community responsible for maintenance,upkeep,and service revenue available to school capital improvements to the library,those districts would provide a steady source of costs must be considered part of the total revenue,which would be assessed against equity requirement,not in addition to it. all properties in the school district, not In order to continue to provide the just against properties in the city. expanded services,cities should be relieved of state-mandated maintenance- of-effort funding levels and given the authority to charge user fees for other services without jeopardizing the state aid they do receive. Cities that provide library facilities where library operations are associated with a regional library system should be contractually guaranteed a direct voice in the governance and funding decisions within the library system. FF-31. Equitable Funding of Community Education Services Issue: Under Minn. Stat. § 124D.20, school districts are authorized to levy for community education programs that can include youth recreational activities. However, state statute limits the total amount of revenue that can be raised by the school district to fund community education programs and this limit has not been sufficiently increased in recent years. In 2012 City Policies 81 HUMAN RESOURCES & DATA PRACTICES Human Resources • Eliminate contradictory existing laws regarding public employment. HR-1. Personnel Mandates and • Eliminate mandates for local Limits on Local Control government employers that are not imposed upon the state as an Issue:Many state laws increase the cost of employer. providing city services to residents by • Use the collective bargaining process requiring city governments to provide established by state law,rather than certain levels of compensation or benefits to legal mandates,to determine benefits public employees, by specifying certain for employees covered by collective working conditions, or by limiting city bargaining agreements. governments' ability to effectively manage their personnel resources. For instance, HR-2. Firefighter and Ambulance existing state laws limit governments' Payroll ability to effectively address incompetence or misconduct of city employees by Issue: Traditionally, many volunteer and specifying certain procedures or standards of paid on-call fire departments have issued conduct that cities must follow. Several laws paychecks only once or twice per year. are potentially contradictory and force local Payroll checks in these types of departments governments to choose which one to follow. would be quite small if issued biweekly or even monthly so employees prefer to receive Response: Any new legislation and larger checks once or twice per year. Issuing changes to existing legislation should meet checks less often saves time and money for the following goals: administrative staff who prepare the payrolls. However, Minn. Stat. § 181.101 • Recognize the need for local decision- specifies that wages must be paid at least making authority by local elected once every 31 days, regardless of whether officials with regard to the terms and the employee requests to be paid at longer conditions of employment for local intervals. government employees (e.g.,allow local elected officials to determine Response: Minn. Stat. § 181.101 should employee compensation,employee be amended to exempt volunteers and recognition,and to make employee paid on-call employees of fire and benefit decisions about domestic ambulance services from the requirement partner benefits and coverage of to be paid every 31 days. extended family by sick leave policies). • Provide funding that pays the full HR-3. Pay Equity Compliance costs of any mandated employment- related expenditures. Issue: State law requires all public • Avoid and eliminate expensive and jurisdictions, such as cities, counties, and time-consuming duplicative legal school districts, to eliminate any gender- protections and processes for public based wage inequities in compensation. employees. These entities are required to file reports with the state's Pay Equity Compliance 2012 City Policies 83 Coordinator to ensure compliance with the interpretations of Section 179A.25 law.The 2003 Legislature adopted a two- (independent review of non-union employee year reporting moratorium and extended the grievances) has created uncertainty and pay equity reporting cycle from three to five confusion in the longstanding judicial years beginning in 2005 in order to provide process used by courts to review city council some relief from this reporting mandate. administrative decisions,particularly However,the Legislature enacted a new law employment tertnination decisions of non- in 2005 that reverts to the previous three- union employees. Additionally, changes to year pay equity reporting cycle. the Uniform Arbitration Act which became effective in 2011, are likely to increase Response: The League of Minnesota arbitration costs for cities and to require Cities supports the purpose behind the changes in the arbitration process that are Local Government Pay Equity Act but not needed in a labor arbitration context. has concerns about the administrative burdens associated with the existing Response: Minn. Stat. ch. 179A should be statute. The League supports minimizing modified to: the unfunded state reporting requirements associated with this law, • Change the definition of"public modifying the definition of"public employee" under PELRA by employee"to fit with the way that cities removing the existing 14-hour/67-day utilize seasonal and temporary workers, requirement and replace it with a extending the reporting cycle,improving de�nition in which employees must the electronic reporting process, work more than an annual average of reviewing the methodology for analyzing 20 hours per week. pay equity data,and continuing • Exclude temporary or seasonal improvements to the process by which employees from the PELRA definition cities receive notification of reporting of public employee in Minn. Stat. requirements and compliance issues. ch. 179A. • Provide different options for accessing HR-4. Public Employment Labor arbitrators and utilizing the Relations Act (PELRA) arbitration process in order to "address inequities" between union Issue:The League of Minnesota Cities and management representatives. supports the purpose of the Public . Allow public employers to bypass Employment Labor Relations Act(PELRA) mandatory arbitration required under to balance the rights and interests of public PELRA and directly access the employees, public employers, and the district court system in situations general public. However, certain changes where an employee is being are necessary to assist public employers in terminated for gross misconduct implementing this law. For example, current (sexual harassment,sexual abuse, definitions of"public employee"are theft or a felony conviction) that is confusing and difficult to manage. In related to the employee's position with addition,the arbitration process has the public employer. produced decisions that are contrary to the . Repeal Minn. Stat. § 179A.25 or,in interests of the public, and the legal standard lieu of repeal,exclude employment for overturning arbitration decisions is very terminations from Minn. Stat. difficult to meet. Also, recent 84 League of Minnesota Cities § 179A.25; require a 60-day HR-6. Essential Employees timeframe for�ling a petition for review of a grievance under Minn. Issue: Cities must balance the health, Stat. § 179A.25,and clarify that welfare, and safety of the public with the decisions of Bureau of Mediation costs to taxpayers. Essential employee status Services(BMS) under this section are removes the right to strike, but gives the non-binding and merely advisory. right to mandatory binding arbitration. This • Exempt labor arbitrations from status can result in arbitration awards that certain provisions of the Uniform exceed the city's budget or conflict with the Arbitration Act(Minn. Stat. § city's compensation policy. In recent years, 572B.01-.31), a number of employee groups have sought and often received essential status. HR-5. Payment of Arbitration Fees Response: The Legislature should Issue:Like other employers, cities must carefully examine requests from interest sometimes make difficult employment groups seeking essential employee status decisions and uphold certain principles in under Minn. Stat. 179A(PELRA). The order to best serve the public. In a union League of Minnesota Cities opposes environment, grievance arbitration is legislation that mandates arbitration that generally used as a"last-resort"remedy increases costs and removes local when a difficult employment decision must decision-making authority. be made or to uphold an important principle. Union officials have introduced legislation The League supports a mandate for Final for the past several years that would require Offer/Total Package arbitration for all a city or the union to pay arbitration fees if a essential groups on a trial basis. The reasonable settlement is offered and refused League also supports a change in the in a grievance situation, and the arbitrator PELRA law that would strengthen ultimately decides on a less favorable existing language (Minn. Stat. § 179A.16, remedy. The legislation proposed by the subd. 7) requiring arbitrators to consider unions could have the impact of a public employer's obligation to discouraging cities from using the grievance efficiently manage their operations. arbitration process in a manner that best Speci�cally,the statute should be serves the public good. amended to require arbitrators to take into consideration any wage adjustments Response: The League of Minnesota already given to or negotiated with other Cities opposes legislation that would groups—both union and non-union for undermine the grievance arbitration the same employer in the same contract process and discourage cities from using year. the process in the manner intended. Specifically,the League opposes any HR-7. Re-employment Bene�ts legislation that proposes payment of grievance arbitration fees when a Issue:Cities employ many workers in settlement is offered and declined. seasonal and temporary positions such as parks and recreation-related positions. In the past, such workers generally have not filed for unemployment benefits because there has not been an expectation of continued 2012 City Policies 85 employment. In recent years, cities have reduce the unfunded liability in the plans by experienced an increase in the number of nearly$300 million per year. such workers applying for unemployment benefits. This increases costs to cities and Response: In order to ensure the fiscal taxpayers in a way that may not have been health of the PERA pension system,the originally intended. League of Minnesota Cities supports the stabilization changes enacted in 2010. Response:Public sector temporary or seasoual employees should not be eligible The League opposes any bene�t for re-employment benefits. improvements for active employees or retirees until the financial health of the HR-8. Pension Benefits General Plan and Police and Fire Plan is restored. Issue:Pension benefit plans have years of service requirements and limitations and Under current levy limits,cities and exclusions that act to ensure that the fund's counties are able to increase their administrators have the ability to predict, property tax levy to cover the increased contain, and control costs. This protects the costs associated with PERA contribution fund's ability to pay future benefits to its increases. This authority does not exist participants. Legislative exceptions to these for school districts.The League supports exclusions and limitations can undermine providing school districts with additional this ability. Cities should have the ability to levy authority to cover the cost associated weigh-in on these decisions through city with additional contribution increases. council approval. • The League also supports the Response: The League of Minnesota following plan modifications that will Cities opposes special legislation for help align PERA contributions and individual employee pension benefit costs,and reduce the need for increases unless they are initiated and additional contribution increases: approved by the city council of the � The League believes the legislative impacted city. intent of"in-line of duty" disability retirement benefits for police officers HR-9. Public Employees and firefighters was to provide special Retirement Association (PERA) protection for police officers and firefighters when they are performing Issue: In 2010, the Legislature and governor the type of duties that are uniquely enacted pension stabilization legislation that required for their jobs. The League will begin to address the funding deficiency supports the statutory changes made in the PERA General Plan and the PERA to Minn. Stat. §353A1 in 2007 that � Police and Fire Plan. The modifications to separate injuries resulting from the PERA plans will increase employer "hazardous duties" from injuries contributions by$16 million per year but the resulting from "non-hazardous overall package of changes, including a duties" for purposes of police and fire reduction in the annual retiree adjustment, disability retirement benefits.The an increase in vesting to five years, and League will monitor the effects of the reduction in interest rates on refunds will 2007 changes as they are implemented. 86 League ofMinnesota Cities • The PERA eligibility guidelines must different levels of pension benefits for their be modified to take into account volunteer firefighter relief association temporary,seasonal, unique part- members.The efficiency of this system has time,and student employment been questioned by various members of the situations in cities—particularly in Legislature and by state agencies from time recreational operations. The plan to time. Further, in recent years, many local should be modified to use pro-rated plans have sustained investment losses. service credit,which would make These losses are required to be amortized PERA consistent with the other major over a ten-year period. This 10-year Minnesota pension plans. The League amortization period presents fiscal supports a comprehensive review of challenges to cities that are already facing exclusions with an eye toward budget cuts. simplifying current eligibility guidelines. Such a review should also The 2009 Legislature created a voluntary include a possible revision of current statewide volunteer firefighter retirement penalties for employers that fail to plan to provide an alternative fire relief report covered employees to ensure retirement option to local units of that these penalties are not overly government, and in 2010, the Legislature harsh and punitive. modified the plan to provide additional • The League opposes the expansion of benefit levels. the PERA corrections plan to include dispatchers due to the substantial Response: The League of Minnesota differences between the dispatchers Cities supports the statewide volunteer and the other positions covered by this �refghter pension plan provided: a) plan. participation in the plan remains • The League supports the transfer of voluntary,not mandatory; and b)the all school district employees out of the plan takes into account and PERA General Plan and into another accommodates the different financial fund that is more appropriate for capacities and needs of a wide variety of school district employees. cities. • Cities should be allowed to continue to The League also supports extending the effectively use retirees in statutory amortization period to a reemployment situations. The League maximum of twenty years. supports policy changes which would include an increase in the earnings HR-11. Retirement Work threshold for such retirees. The InCentives League supports keeping the required break in service at 30 days and Issue:Demographic experts warn that as the opposes suspending payments to baby boomers retire, employers will begin to retirees. experience a significant labor shortage and HR-10. Volunteer Firefighter lose the substantial expertise and knowledge of a fully-trained workforce. In addition, Pension Benefits retirees are living longer, are healthier, and able to work longer. Therefore, one solution Issue: Cities throughout the state have to the coming labor shortage is to provide established individual pension plans with some incentives for retirees to continue 2012 City Policies 87 working after retirement or to postpone full increase potential liability for the cities that retirement with a"phased-in"approach that use them. This belief has resulted in efforts would allow"knowledge transfer"to take to preserve the cap on part-time licenses or place between the retiree and less- eliminate part-time licensure entirely. experienced replacement staff. Cities are anticipating major challenges as In the 20091egislative session, a Phased the workforce ages. In addition, many Retirement Option(PRO) program was greater Minnesota cities are experiencing created for PERA Coordinated Plan population decreases. These factors have participants. The PRO program meets many made it difficult for some cities to recruit of the goals of workforce planning. and retain peace officers. Hiring part-time However, cities would benefit from officers is one strategy that cities can use to broadening the criteria for participation; help meet the staffing needs required to currently, only employees age 62 ar older provide high quality public safety services. can participate. In addition,the program is scheduled to sunset in 2014. Response: The League of Minnesota Cities believes individual cities are in the Response: The League of Minnesota best position to make public safety Cities supports changes to the PRO staffing decisions for communities and program (if actuarially neutral for PERA opposes efforts to eliminate part-time pension plans)that would allow: officer licenses. However,the League is also sensitive to concerns about liability • A broadening of the criteria for issues and maintaining high standards for participation to allow employees to police officer licensure. The League participate at a younger age,such as supports a study of the issue of part-time Rule of 90 employees,if such a change licenses with the aim of maintaining the can be made without damaging the viability of a quality police force for all tax-favored status of the plan. Minnesota cities. • Removing the sunset provision to allow the plan to continue past 2014. HR-13. State Paid Police and Fire Medical Insurance HR-12. Part-Time Peace Of�cer Licenses Issue:Minn. Stat. § 299A.465 requires public employers to continue health Issue: Part-time licensed peace officers insurance benefits for firefighters and peace provide critical services to communities. officers injured in the line of duty. The law However, Minn. Stat. § 626.8468 restricts originally contained a provision requiring the number of part-time licensed peace the Department of Public Safety(DPS)to officers that a law enforcement agency may reimburse employers for the full amount of employ. The statute caps the allowable administering this benefit. number at the level the agency employed during the years 1996 through 1998. For Before 2008, many of the claims approved many cities,this cap is zero. under Minn. Stat. §299A.465 were for injuries sustained while engaging in non- Some stakeholders believe part-time officer hazardous, on-the job activities such as positions compromise professional standards fitness training or office duties.The number within the law enforcement community and of eligible claimants combined with rising 88 League of Minnesota Cities health insurance costs began to strain the health insurance benefit under Minn. Stat. fund. By 2002,the fund created to provide § 299A.465, early indications are that this this benefit became deficient. change is resulting in a decline in eligibility for continued health insurance. Instead of increasing the fund,the 2003 Legislature amended the law to pro-rate Response: The League of Minnesota reimbursements to cities based on the Cities supports the following legislative amount available and the number of eligible actions to address the funding deficiency applicants. The 2003 law change triggered a in this program: significant and unanticipated cost to cities. Even if the health insurance benefit was • The state must fuliy fund programs discontinued entirely,the costs for existing that pay for health insurance for recipients will substantially increase well police and fire employees injured or into the future due to the growing cost of killed in the line of duty as originally health insurance. required under Minn. Stat. §299A.465. The 2005 Legislature attempted to mitigate • Cumulative injuries that occur over the impact of this law on employers by time in the job should not qualify a providing additional reimbursement funds police officer or firefighter for benefits and creating a stakeholder panel to under Minn. Stat. § 299A.465 since determine eligibility for benefits under these types of cumulative injuries are Minn. Stat. § 299A.465. However,the not unique to the dangers of police Legislature preserved the language that officer and �refighter duties. reimburses employers on a pro rata basis, • The Legislature must clarify that the and the law continued to exist without the amount of an employer's contribution definitions necessary to narrow eligibility under Minn. Stat. § 299A.465 is no for the benefit and meet the intent of the greater than that given to active law.The panel,which expired on July 1, employees in the same job class. 2008, did not succeed in narrowing . The Legislature must establish the eligibility for the continued health insurance minimum criteria used to determine benefit, in part because the few claims ability to work,and set a percentage denied by the panel were overturned by the threshold of disability for eligibility courts. into this program. At a minimum,the Legislature must identify that a In 2007, the Legislature attempted to limit Workers' compensation determination eligibility for PERA police and fire line-of- as to whether the injury is work- duty disability benefits by defining"duty related is necessary in order to receive disability"as an injury sustained while the benefits under Minn. Stat. performing activities that present"inherent §299A.465. dangers specific to these professions."This . Employees who receive a police and means public safety employees injured while performing duties that do not present �re disability retirement benefit and inherent dangers would be ineligible for accept another job that offers them group health benefits should be line-of-duty disability benefits. Due to the required to pay for their group health correlation that has been established between the PERA police and fire line-of- benefits with the city should they duty disability benefits and the continued decide to continue them. The 2012 City Policies 89 Legislature must amend Minn. Stat. • Supports changes to Minn. Stat. §299A.465 to reflect that employees § 471.6161,subd. 5,that would clarify are required to inform the city when the intent of the subdivision is to they become eligible for coverage address changes in cost vs. changes in under another group plan and that value. For example: (1) a change in failure to do so is grounds for provider networks does not constitute termination from the benefits granted a change in the"aggregate value of under Minn. Stat. § 299A.465. benefits;"(2) a change in bene�t levels required by an incumbent insurance HR-14. Health Care Insurance carrier does not constitute a change in Programs "aggregate value." In addition,the League supports changes to Minn. Issue: Cities, like other employers in the Stat. §471.6161 that would clarify state, are struggling with the rising costs of that an exclusive representative of a health care insurance for their employees. In local government bargaining unit may addition, cities must cope with unfunded not use the provisions of Minn. Stat. § mandates imposed on them by the 471.6161 to block a local government's Legislature such as the requirement to pool compliance with state and federal early retirees with active employees and the laws,such as the provisions of state requirement to bargain over changes in the health care reform. "aggregate value"of benefits, even when the . Supports changes to Minn. Stat. city's contribution has not changed. § 471.61 that would allow cities to pool all retirees(those under or over age Response: The League of Minnesota 65)separately from active employees Cities supports legislative efforts to to help cities avoid the liabilities control health insurance costs while associated with the new Government maintaining quality health care services. Accounting Standards Board (GASB) However,cities have differing local needs requirements on "implicit subsidy." and circumstances and must retain the • Supports a clarification to Minn. Stat flexibility to provide unique and creative § 471.61 and to Minn. Stat. §471.617 solutions to the rising costs of health care to explicitly alleviate a city's insurance for their employees. The responsibility to comply with group League: health benefits mandated by state law • O oses le islative action that �'hen the city's employees are covered pp g under a union plan authorized by undermines local flexibility to manage federal statutes. rising health care costs. • Supports statutory authorization for • Encourages the Legislature to cities to collect up to a two percent carefully examine any new,mandated administrative fee from retirees insurance-related benefit before receiving post-retirement health imposing it upon city employers to insurance benefts. make sure it does not contribute to the . Opposes a centralized,statewide rising cost of providing health health insurance option for active or insurance or create conflicts with retired employees unless: a) federal mandates. participation in the plan is offered on a voluntary, not mandatory, basis; 90 League of Minnesota Cities and b) the plan takes into account and a joint labor-management committee whose accommodates the different financial purpose is to review proposals for benefit capacities and needs of a wide variety changes or other amendments to the of cities. workers' compensation system,has been • Supports modifications to the state's discussing ideas to address escalating income tax structure that will exempt medical costs. While the WCAC system has the value of extending health worked well for many years to help stabilize insurance benefits to adult, and de-politicize workers' compensation nondependent children under age 27. issues, more recently this group has had Without a state conforming change to difficulty reaching agreement on more the federal income tax exemption, controversial issues. However, in Z007 the employers experience an WCAC recommended legislation that would administrative burden of computing have helped contain medical costs in the the value of the benefit for the workers' compensation system by adjusting employee's W-2 form. some payments to hospitals to offset greater • Supports changes to the definition of benefits for workers. dependent under Minn. Stat. § 471.61 to conform to the federal de�nition of The Workers' Compensation Reinsurance dependent for employee benefit Association (WCRA) is a nonprofit purposes. This change would organization that reinsures all workers' eliminate any question as to whether compensation insurers and self-insured public employers have authority to employers in Minnesota. The WCRA extend coverage to dependents beyond assures financial security for Minnesota's what is currently de�ned under Minn. employers and their most seriously injured State §471.61 (under age 25 actually workers by providing cost-effective dependent on the employee). reinsurance coverage. There may be legislative attempts to allow insurers or HR-15. Workers' Compensation employers to opt out of the WCRA, which could have a negative impact on the viability Issue:Rising medical costs are an of the WCRA due to adverse selection increasingly serious problem for all problems. employers and insurers, and now represent over half of all loss costs within the Response: Legislative action is necessary workers' compensation system. Medical to address increasing workers' costs will be a major driver of future compensation costs, particularly rising workers' compensation premium increases. medical costs. The League of Minnesota In addition,virtually every year legislators Cities supports use of the WCAC system introduce proposals to expand the heart, to consider proposals for changes to the lung and infectious disease presumptions for �'orkers' compensation law,and urges the public safety workers, or to make the WCAC and the Legislature to approve presumptions more conclusive and difficult medical cost containment reforms. to rebut. These types of benefit expansions further increase municipal workers' The League opposes expansion of compensation costs. workers' compensation and related health insurance benefits because of the In the last several years,the Workers' potential for dramatically increasing costs Compensation Advisary Council (WCAC), to cities. Specifically,the League opposes 2012 City Policies 91 expansion of the heart,lung and Minnesota who are subject to a probationary infectious disease presumptions as well as period until after the probationary period has any expansion of the law that would passed. require payment of health insurance premiums or that would include mental In 2011, a Minnesota Supreme Court injuries that have no physical cause or decision held that the process and 15-day manifestation. deadline for appealing from the decision of a veterans preference board or commission The League also supports continuing the applies only to veterans and that an WCRA as the mandatory workers' employer must find its right and process for compensation reinsurer for insurers and appealing these decisions somewhere else in self-insurers in Minnesota. statute. This holding conflicts with employers' longstanding practice of using HR-16. Breathalyzers the appeal process of the Veterans Preference Act. The decision also held that Issue: Currently, breathalyzer use is first-class cities with a civil service permitted for alcohol testing under federal commission or board that serves as its commercial drivers' laws. Minnesota law veterans preference board have up to 60 ; does not clearly allow for the use of days to appeal under Minn. Stat. § 484.01, breathalyzers in testing. subd. 2 and that non-first-class cities that have adopted a merit system have up to 10 Response:Minn. Stat. § 181.950-.957 days to appeal under Minn. Stat. § 44.09, should be amended to permit the use of subd. 1. The decision did not address what breathalyzers as an acceptable technology statute supplies an appeal process for non- for determining alcohol use. first-class cities without a merit system. HR-17. Veterans Preference Response:The League of Minnesota Cities supports the Legislature Issue:The League of Minnesota Cities undertaking a study of Minnesota's recognizes the important contributions veterans preference law to determine its veterans have made and agrees with the effectiveness and efficiency in light of intent of legislation that gives veterans today's employment laws,statutes,and certain preferences in employment. regulations, and to consider possible However, since the veterans preference law modifications to current laws. was initially passed,the number of employment protections has greatly The League also supports a change to increased. This includes a federal law that limit the right of appeal for veterans specifically protects veterans from employed by cities who are subject to a employment discrimination. probationary period until after the probationary period has passed. Changes were made in the 2009 legislative session which gave State of Minnesota In addition,the League supports an veteran employees the same appeal rights as amendment to Minnesota statutes which local government veteran employees have clarifies the right and process of all cities had for many years. As part of these to appeal a decision of a board or changes,the law limits the right of appeal commission authorized by Minnesota for veterans employed by the State of 92 League of Minnesota Cities Statutes 197.46 to hear veterans BCA to conduct employment background preference discharge and demotion cases. checks is an effective use of local resources. It is one strategy that cities can use to help HR-18. Drug and Alcohol keep costs down and provide quality Rehabilitation services. Issue:Under Minn. Stat. § 181.953, Current law allows criminal justice subd. 10(b), an employer cannot terminate background checks on active employees (vs. an employee for a positive controlled- applicants for employment) only when such substance test without first providing the employees are firefighters or work with employee a chance for rehabilitation and children. The law governing criminal treatment. Recently, some cities have been history background checks on police and advised this law applies to "probationary" other city employees does not specifically employees, as well as to regular employees. allow such checks on active employees. Cities need the ability to be able to conduct � Response: The League of Minnesota criminal history background checks on Cities supports a legislative change to active employees as well as applicants for clarify that the state law on drug and employment using the BCA or the BCA alcohol rehabilitation and treatment does database access. not apply to probationary employees. Response: Cities are capable of and HR-19. Background Checks should be allowed to continue the use of the BCA database system at no charge for Issue:Many Minnesota cities operate under the purpose of conducting employment a longstanding practice of performing background checks. Cities should also be criminal history background checks for able to conduct,but not required to employment purposes by accessing the conduct,criminal history background computerized criminal justice database checks on active employees using the BCA system maintained by the Bureau of database. The laws governing Criminal Apprehension (BCA)through the background checks for all city employees city's local police department. The BCA's should be amended to allow for this position, in the past, has been that such practice. For those cities that choose to access was appropriate if the city adopted an use the BCA to run the criminal history ordinance allowing the city to access the employment background check for them, criminal justice database system. the fee should be the same as that charged to non-pro�t organizations. While cities can access criminal history background information for employment Data Practices purposes through the BCA directly, it is more time consuming and costly to do so. DP-1. Data Practices Compliance In addition,the BCA is currently charging Issues cities a higher fee than that charged to non- profit organizations for running criminal Issue: Cities are limited to charging only history background checks. 25-cents per page for copies of police motor vehicle incident reports, which does not Using local police department access to the cover the city cost for copying, while the criminal justice database maintained by the commissioner of public safety is exempt 2012 City Policies 93 from this restriction—thereby permitting the GDPA; further increases in the Department of Public Safety to continue to maximum civil penalty that may be charge $5 for incident reports that cities are imposed when a court order is issued to required to submit to the department. compel a government entity to comply with GDPA; or any statutory change that Cities continue to receive repetitive, overly would make it a mandatory civil penalty broad and far-reaching data requests that to compel compliance under the GDPA. result in protracted and repeated staff time to The League supports enactment of the locate government records,redact private administrative remedies provisions data or data unrelated to the request, and adopted by the 2010 Legislature to assemble documents to be provided in order address disputes regarding GDPA to comply with requirements to provide compliance issues. access to public government data. DP-2. Maintaining Government The Legislature previously increased the Data in Large Databases statutory limits on the total exemplary damage awards for Government Data Issue: The Minnesota Department of Practices Act(GDPA)violations and also Administration Advisory Opinion 10-016 raised the limits on the maximum civil issued in June 2010 maintains that the data penalties courts may impose to compel practices act requires cities to keep records compliance with the act deemed necessary containing public government data so that since limits had not been adjusted for many they can be easily accessible and convenient years. to use,regardless of how they are kept. Response: The Legislature should allow Cities maintain that the application of this cities to charge the same amount for advisory opinion to large databases in which copies of motor vehicle incident reports records are kept in an electronic format issued by local police and fire forces cities to risk the daily threat of departments as the commissioner of allegations of noncompliance or leaves local pub(ic safety. government officials confused regarding how to apply the requirement for access to The Legislature should also allow cities to data in circumstances where information charge for the staff time that the city technology is utilized to facilitate the determines will be required to comply management and organization of records with wide-ranging data requests and information which often includes public, regardless of whether copies of the data private and nonpublic data within individual are requested.In addition,the Legislature data sets. should provide a mechanism that would permit cities to challenge whether the Response: Cities insist that it is not data request is reasonable and made in feasible to separate public from non- good faith. public data when the records in which that data is held are in electronic format The League of Minnesota Cities opposes and held in large databases that are further increases in the maximum intended to provide secure data storage exemplary damages that courts may and maintenance, but are not directly impose against government entities, available in a form in which public and including cities, found to have violated the private data contained in those records can be separated. Requiring cities to 94 League of Minnesota Cities design such databases to accommodate requirements do not create undue extensive data requests under hardship or expense to tbe city. Government Data Practices Act(GDPA) is both financially and technologically The League supports changes enacted in nearly impossible to achieve. 2010,clarifying that the following items are public data: terms and conditions of The Legislature should address the employment contracts,including growing and costly impact on cities of employer-paid remuneration; employer- providing access to specific public data provided e-mail addresses; prevailing housed in large electronic databases. wage forms; number of years of Cities also require discretion in experience and education/degrees determining that the release of certain obtained (but not specific dates and incident data cauld identify an individual places of education and prior whose identity must be protected. employment) only for job candidate finalists. The League also supports DP-3. Data Practices and Personnel clarification that computer passwords, Issues log-in names and e-mail addresses that individuals have to access their data Issue: The 2010 Legislature clarified that online are private. personnel data is information that government entities maintain due to the DP-4. Sharing of Student Data with employment, applicant or volunteer status of Local Law Enforcement in individuals who perform government Emergencies services for that governmental unit. Modifications to Minn. Stat. § 13.43, subd.2 Issue: Minn. Stat. § 13.32, subd. 3(1) also classify terms and conditions of defines education data as private data that employment and work-related continuing must not be disclosed except to the juvenile education as public data and address the justice system in cases where information classification of data regarding the outcome about the behavior of a student who poses a of arbitration proceedings that take place risk of harm is reasonably necessary to under terms of collective bargaining protect the health or safety of the student or agreements. Minn. Stat. ch. 365, 2010 other individuals. In addition,the federal Session Laws, makes clear that disciplinary Family Education Rights &Privacy Act action does not become public data if the (FERPA)bars schools from disclosing arbitratar upholds an employee grievance information on student educational records and reverses all previous disciplinary action. that contains personally identifiable information without consent of a parent or Response:The League of Minnesota eligible student, with only limited Cities continues to support changes to exceptions. Minn. Stat. § 13.43 to update this section to reflect new technology. The League Minn. Stat. § 13.32 does not adequately also supports clarifying those aspects of define who is responsible for making the Minn. Stat. § 13.43 that lessen confusion determination that an emergency or risk of among city officials about how to comply harm exists, and as a result, school district with the law,provided that city employees officials have interpreted the statute in are protected from identity theft and that conjunction with the restrictions in FERPA 2012 City Policies 95 to require the determination to be made In addition, the League encourages the solely by school officials. Legislature to modify current law to authorize cities to conduct official Local police officials are often frustrated in meetings using interactive wireless or their efforts to investigate allegations of online technology to allow local elected criminal or other illegal activity when school officials to participate and the public to officials refuse,under Minn. Stat. § 13.32, hear and/or view all discussion,testimony subd. 3(1)and FERPA,to provide and voting during the meeting for which information to follow up such complaints or use of interactive television transmission to assist local police in solving crimes that is now permitted in Minn. Stat. § 13D.01. have already taken place. The League also supports technical School boards are responsible to have changes to the open meeting law to policies in place that require school officials provide that a copy of all public to report a student who possesses an documents discussed or referenced during unlawful firearm to law enforcement or the city council meetings conducted by juvenile justice system. But schools are not conference call be made available to the allowed to release the name of a student in public and that the use of such technology dangerous weapon reports involving use or be expanded for official meetings other possession of such weapons that are made to than those permitted in emergencies and the Minnesota Department of Education. during pandemics. Response: Minn. Stat. § 13.32 should be Federal Employment Law clarified to allow local law enforcement agencies to work with school officials to FED-1. FL5A/Overtime jointly make the determination that an emergency or risk of harm exists in order Compensation to enable police enforcement actions to be Issue:The final changes to the Fair Labor taken in a timely manner. Standards Act(FLSA) in the area of DP-5. Open Meeting Law defining"exempY'and"non-exempt"are more likely to expand the number of public Issue: Mobile wireless devices and new sector employees who are eligible for technologies are creating circumstances in overtime rather than to limit the number. which city officials receive and transmit Response: The League of Minnesota electronic communications, raising Cities opposes any changes to the state's questions regarding the use of emerging overtime laws that would further broaden inter-active web-based video and audio the number of public sector employees applications to conduct official meetings. eligible for overtime. If the state changes Response: The League of Minnesota Minnesota's overtime law,then Cities opposes any change to the open consideration should be given to better meeting law that would expand the award aligning state law with the federal law. of attorney's fees to unintentional Providing consistency in state and federal violations. law would minimize the administrative burden on cities and avoid confusion for employees. 96 League of Minnesota Cities FED-2. Consolidated Omnibus Response: The League of Minnesota Budget Reconciliation Act Cities supports legislation that would (COBRA) allow employees to roll unused funds over to the next plan year,or into a tax- Issue: The federal Consolidated Omnibus qualified retirement plan,or a 457 plan. Budget Reconciliation Act(COBRA) law, which requires employers to offer continued FED-5. Reserve Income health and dental insurance group benefits Replacement Program (RIRP) after an employee terminates, has been interpreted to apply to Employee Assistance Issue: Since the September 11, 2001, Programs(EAPs), health funding terrarist attacks,the federal government has mechanisms such as Health Reimbursement relied heavily on state National Guard and Arrangements (HRA)Noluntary Employee other military reserve forces to fight the war Benefit Accounts (VEBAs), and flexible on terrorism. A number of these citizen- benefits. The application of COBRA soldiers have experienced a loss of income benefits to these programs results in unlikely �'hile serving on active duty, which has and impractical outcomes. caused financial hardship for some of these members and their families. Response: Congress should clarify the intended benefits to which COBRA law Congress recently enacted the Reserve should apply,excluding programs such as Income Replacement Program(RIRP)to EAPs,HRA/VEBAs,and flexible benefits. provide monthly income differential payments to National Guard and military FED-3. Medicare/Medicaid reserve members who are involuntarily Premium Disbursements serving on active duty. These payments are intended to bridge the gap between the Issue:Minnesota continues to be a net loser average monthly civilian earned income of in federal Medicare and Medicaid premium the member before mobilization and the disbursements. member's total monthly military compensation while involuntarily mobilized. Response: Congress must recognize this This program is of benefit to cities because disparity and provide Minnesota with a it reduces the financial stress placed on city more balanced and representative share employees called up to serve and minimizes of the costs of providing health care the distraction from their duties before under Medicaid and Medicare. leaving and upon return to the job. The RIRP program expires in December 2008. FED-4. Flexible Spending Accounts Response: It is the federal government's Issue:Health care costs are rising responsibility to minimize the financial dramatically and employees need financial hardship placed on state National Guard relief. Flexible spending accounts provide and military reserve members who are some relief,but the current"use it or lose it" ordered to federal active service. The provision for medical spending discourages League of Minnesota Cities urges employees from participating in this Congress to extend the RIRP program program. beyond 2009. 2012 City Policies 97 FED-6. IRS Regulations on Death Response: The League of Minnesota Benefits Cities opposes the federal collective bargaining bill for public sector Issue: Current IRS regulations do not allow employees. Public sector collective any type of death benefit to be included in a bargaining should be left to the post-employment health savings plan and determination of each state. other tax-free funding vehicles. If the employee who owns the savings plan account dies, he or she cannot leave the remaining funds to a designated beneficiary (unless the beneficiary is a spouse or dependent child). If the employee does not have a spouse or dependent child,the funds are typically redistributed among plan participants.A death benefit provision is an attractive feature for many employee groups. Response: IRS regulations should be changed to allow post employment health savings plans and other tax-free vehicles for both active employees and retirees to include a provision that allows the employee to designate beneficiaries in addition to spouses or children. FED-7. Federal Public Safety Collective Bargaining Bill Issue: Congress is considering a bill that would require all states to establish collective bargaining procedures for all public safeTy employees. The bill directs the Federal Labor Relations Authority(FLRA) to determine, state by state, whether it meets the bill's requirements with regard to collective bargaining rights for public safety employees. While it appears Minnesota is likely to pass the tests set out by the bill, federal public sector lobbyists have expressed serious concern that the bill is very much open to interpretation. In addition,the bill directs the FLRA to "consider and give weight,to the maximum extent practicable,to the opinion of affected employee organizations." 98 League of Minnesota Cities Association of Metropolitan Municipalities Legislative Policies January 2012 r € € , Table of Contents � � � ' Municipal Revenue & Taxation (1) � State and Local Fiscal Relationship (1-A) 1 Revenue Diversification (1-B) 2 � ! s Levy Limits (1-C) 2 � � Restrictions on Local Government Budgets (1-D) 2 Local Government Aid (LGA) (1-E) 2 � � Local Government Aid Reform (1-F) 3 � State Property Tax Relief Programs (1-G) 3 � ; Homestead Market Exclusion Program (1-H) 4 �' �° Property Valuation Limits/Limited Market Value (1-I) 5 � � Fiscal Disparity Fund Distribution (1-J) 5 � � Constitutional Tax and Expenditure Limits (1-K) 5 � State Property Tax (1-L) 5 , $ Class Rate Tax System(1-M) 6 � Personal Property Taxation: Electric Utility (1-N) 6 � = Sales Tax on Local Government Purchases (1-O) 6 � City Revenue Stability and Fund Balance (1-P) 7 1 Public Employees' Retirement Association (PERA) (1-Q) 7 , Aggregate Mining Fee (1-R) 7 � � � State Program Revenue Sources (1-S) 8 ; 2012 Legislative Policies i Table of Contents Post Employment Benefits (1-T) 8 Healthcare Insurance Programs (1-U) 8 State Budget Stability (1-V} 9 Online Travel Companies and Taxes (1-V� 9 General Legislation (2) Mandates, Zoning &Local Authority (2-A) 11 City Enterprise Activities (2-B) 11 Firearms on City Property (2-C) 11 911 Telephone Tax (2-D) 12 800 MHz Radio System (2-E) 12 Building Codes (2-F) 12 ; Administrative Fines (2-G) 13 Residential Care Facilities (2-H) 13 Annexation (2-I) 14 Housing Ordinance Enforcement (2-J) 14 Statewide Funding Sources for Local Issues with Regional Impact (2-K) 15 Dangerous Substance Regulation (2-L) 15 Housing & Economic Development (3) Introduction 17 ' City Role in Housing (3-A) 17 ii 2012 Legislative Policies Table of Contents City Role in Affordable and Life Cycle Housing(3-B) 17 Inclusionary Housing (3-C) 18 i ' Metropolitan Council Housing Targets (3-D) 18 ; � ` State Role in Affordable Housing (3-E) 19 j Federal Role in Affordable and Workforce Housing (3-F) 20 €" Vacant, Boarded, and Foreclosed Properties and Properties at Rick (3-G) 21 , Economic Development and Redevelopment(3-H) 22 Economic Development (3-H (1) 22 Redevelopment (3-H) (2) 23 4 ' Tax Increment Financing (3-I) 24 : Eminent Domain(3-J) 26 This Old Hause/ This Old Shop (3-K) 27 Business Incentives Policy (3-L) 27 Internet Technology (3-M) 2g City Role in Environmental Protection and Sustainable Development (3-N) 28 Impaired Waters (3-O) 29 � Metropolitan Agencies (IV) Goals and Principles for Regional Governance (4-A) 31 Regional Governance Structure (4-B) 32 Comprehensive Analysis of Metropolitan Council (4-C) 32 2012 Legislative Policies iii . Table of Contents Oversight of Metropolitan Council (4-D) 32 Funding Regional Services (4-E) 33 Regional Systems{4-F) 33 Review of Local Comprehensive Plans (4-G) 34 Comprehensive Planning Process (4-H) 35 Comprehensive Planning Schedule (4-I) 35 Local Zoning Authority (4-J) 35 Regional Growth(4-K) 36 Natural Resource Protection(4-L) 37 Inflow and Infiltration (4-M) 38 Water Suppiy (4-N) 38 Service Availability Charge (SAC) (4-O) 39 Funding Regional Parks &Open Space (4-P) 40 Livable Communities (4-Q) 41 Density (4-R) 42 Transportation (V) Transportation Funding (5-A) 43 Regional Transit System (5-B) 43 Transit Operating Subsidies (5-C) 44 Street Improvement Districts (5-D) 44 Highway Turnbacks & Funding (5-E) 45 iv 2012 Legislative Policies Table of Contents � "3C' Transportation Planning Process: Elected Officials' Role (5-F) 45 Photo Enforcement of Traffic Laws (5-G) 45 Airport Noise Mitigation (5-H) 45 Cities Under 5,000 Population (5-I) 46 County State Aid Highway (CSAH) Distribution Formula (5-J) 46 Municipal Input/Consent for Trunk Highways and County Roads (5-K) 47 Plat Authority (5-L) 47 City Speed Limit Control (5-M) 48 MnDOT Maintenance Budget (5-N) 48 Transit Taxing District (5-O) 48 Complete Streets (5-P) 49 Committee Rosters (VI) 2011 Housing &Economic Development Committee 51 2011 Metropolitan Agencies Committee 52 2011 Municipal Revenue &Taxation Committee 52 2011 Transportation&General Government Committee 53 2012 Legislative Policies v � � � � � o Municipal Revenue & � oo . � � Taxation(I) � � 1-A State and Local Fiscal Relationship Metro Cities supports a strong state and local fiscal relationship that emphasizes ;,`, adequacy,equitability and accountability for public resources, and effective � communication between the state, its cities, and the public about the roles and responsibilities of state and Iocal governments. Metro Cities believes that the state and � local relationship is in decline, as expressed through continued reductions in state aids and credits, and increasingly unpredictable levels of those aids and credits. The diminishment of the state and local partnership has forced the funding of city services to � be disproportionately reliant on the property tax and has placed an undue burden on city cash flows. Increasingly, cities are also bearing more of the responsibility for the costs for services that have historically been the responsibility of the state. � Metro Cities supports a state and local�scal relationship that affirms the goal of all citizens receiving adequate levels of basic public services at relatively similar levels � of tazation,that compensates cities for service costs created by non-taxpaying users of city services,that reduces tax burden disparities among communities, and that ,, assists cities with high needs and relatively low fiscal capacities. � Metro Cities supports a strong state and local fiscal partnership that emphasizes the following principles: � . � • Strong financial stewardship and accountability for public resources that emphasizes maximizing ef�ciencies in service delivery and effective � communication between the state and local units of government,and to the � public, about state and local roles and responsibilities; { • Certainty and predictability in revenue sources including the property tax and � local government aids, and the use of dedicated funds that meet specific local � government needs. Metro Cities opposes the diversion of such dedicated funds to � help balance state budgets; , • Adequate revenue sources available to cities that allow the needs of cities to be i met, mandates to be funded, and that maintain our state's economic vitality and ` competitiveness; • Metro Cities supports the concept of performance measuring, but opposes using ; state established local performance measurements to determine the allocation of state aids to local governments as such measurements do not well account for � varying local needs and circumstances. S; 7' 2012 Legislative Policies 1 Municipal Revenue 8�Taxation 1-B Revenue Diversification Metro Cities supports a balanced and diversified revenue system that acknowledges the diversity in city characteristics,needs and revenue capacities, and allows for greater stability in revenues. The diminishment in state aids is creating severe challenges for many cities in the provision of public services and increased reliance on the property tax. Metro Cities supports greater access to other tax and revenue sources, and statutory modifications that allow cities to impose a local option sales tax for public improvements,without the need for special legislation. Metro Cities supports having local sales tax referendums conducted at a general or special election. The Legislature should recognize the equity considerations involved with local sales taxes, and continue to provide aids to cities that have high needs, overburdens and/or low fiscai capacity. 1-C Levy Limits Metro Cities strongly opposes levy limits. Levy limits undermine local budgeting processes,planned growth, and the relationship between locally elected officials and their residents by allowing the state to decide the appropriate level of local taxation and services, despite varying local conditions and circumstances. 1-D Restrictions on Local Government Budgets Metro Cities opposes the imposition of artificial mechanisms such as valuation freezes, payroll freezes, reverse referenda, super majority requirements for levy, or other limitations to the local government budget and taxing process. ' 1-E Local Government Aid (LGA) The LGA program, originally enacted in 1971, was created with the goals of providing property tax relief, and ensuring a sufficient level of revenues for local government needs. Metro Cities supports Local Government Aid (LGA), the only form of general purpose state aid to Minnesota cities, as a means of ensuring that all cities are able to provide basic public services without over-burdening the property tax. In response to the state's budget deficits, LGA has been continually reduced. In 2011, cities will see additional reductions to LGA of$102 million. These reductions have fallen disproportionately on metropolitan area communities. Overall, reductions to local government aids and credits have been greater on a percentage basis than reductions made to other axeas of the state budget. The level of reductions and unallotments and the 2 2012 Legislative Policies # 1 ' Municipal Revenue 8�Taxation � unreliability of funding from year to year undermine the goals of the LGA program. Metro Cities strongly opposes the continued reductions of Local Government Aid � for the purpose of balancing state budget deficits, and opposes singling oat specific � communities for local aid reductions. } � Metro Cities supports the restoration of previous LGA cuts, adequate funding of the ; LGA program and the continuation of LGA to those cities whose public service needs and costs exceed their ability to pay. £ } j 1-F Local Government Aid Reform � ; Metro Cities' supports an LGA program that allows cities across the state to provide public services at relatively similar levels of taxation. The current LGA program is geographically inequitable, and does not adequately address the needs of � many metropolitan communities. Metro Cities supports reforming the LGA program and distribution formula to address geographic disparities, the issue of volatility, � and the needs of inetro area cities not addressed through the current formula and � distribution.A functional LGA program is one that helps to assure all cities can provide and fund local public services and infrastructure, in order to position our state and � metropolitan region for strong economic growth and vibrancy. As a result of modifications and reductions to LGA, aids to metro area cities have been � reduced on a per capita basis by almost 50%. The LGA formula continues to be � geographically disparate and volatile, and the level of funding inadequate to support the goals of the LGA program. � Metro Cities supported the establishment of the LGA study group, passed by the 2008 Legislature,to conduct an anaIysis of the LGA program that includes an � ezamination of ezisting geographic disparities, an analysis of current need and capacity factors and consideration of alternative factors, an analysis of the formula � used to calculate aid for small cities,volatility in the local government aid � distribution and the impact of including the unique needs of rapidly growing cities �' on the LGA formuia. � � Metro Cities further supports having the study group consider the LGA program in the context of the overall state and local fiscal relationship. � < � € 1-G State Property Tax Relief Programs � g Metro Cities supports state funded property tax relief programs that are paid t directly to homestead property taxpayers such as the circuit breaker and enhanced ; targeting for special circumstances. Metro Cities supports an analysis of the State's � property tax relief programs to determine their effectiveness and equity in providing property tax relief to individuals and families across the state. E � 2012 Legislative Policies 3 � � Municipal Revenue &Taxation Metro Cities supports the use of the Department of Revenue's "Voss" database to link income and property values, and the consideration of income relative to property taxes paid in determining eligibility for state property tax relief programs. 1-H Homestead Market Value Exclusion Program , In 201 l,new state laws established a Market Value Homestead Exclusion Program, and repealed the Market Va1ue Homestead Credit. The new program is intended to provide property tax relief by reducing the taxable value of qualifying homesteads. However, the new program will result in a shifting of property taxes within jurisdictions, as well as tax increases on most properties, since the state is no longer reimbursing local governments in exchange for reducing the taxable value of qualifying properties. Metro Cities opposed the market value homestead credit structure, as the structure allowed the state to reduce or eliminate the reimbursement to local units of government,while preserving the benefit of the credit to homeowners. This in effect shifted the costs of the state program onto local governments. The new program removes local governments from the reimbursement structure,but under the new market value exclusion program structure, a city's tax base will decrease by the amount of all excluded property, so that even if the city and other taxing jurisdictions certified no levy increases, many properties will see tax increases. Local governments are now working to understand the new program and explain the changes to local property owners. Metro Cities will be monitoring the effects of the new Market Value Exclusion Program,and supports statutory changes to address issues that have been identified in the initial implementation of the program: Levy limits based on market value, including those impacting economic development authorities and port authorities, as well as debt limits based on market value, should be computed on the market value of the jurisdiction before the homestead market value exclusion is appiied. Current law allows for adjustments to a TIF district's original net tax capacity to reflect the conversion of a taxabie property to exempt status and adjustments in classifications, but the statutes do not address tax base changes as a result of the new exclusion program. The new program will negatively impact certain housing TIF districts as the current value of certain districts will be reduced by the exclusion, but the original net tax capacity will not be adjusted, and increments available to the district will decline. Metro Cities supports statutory revisions to allow for an adjustment to the original net tax capacity calculation to reflect the new homestead market value exclusion. a 2012 Legislative Policies � I ! Municipal Revenue 8�Taxation f 1-1 Property Valuation Limits/Limited Market Value � Metro Cities strongly opposes the use of artificial limits in valuing property at : market for taxation purposes, since such limitations shift tag burdens to other classes of property and create disparities between properties of equal value. � � , � � , 1-J Fiscal Disparity Fund Distribution � � Metro Cities supported the passage of 20101egislation to conduct an analysis of the Fiscal Disparities Program. The study is being conducted by the Commissioner of � Revenue and is due February 1,2012. The study shall analyze the benefits of economic � growth across the region,the program's impact on tax rates across the region, the impact of homestead property tax burdens across jurisdictions, and the relationship between the � impacts of the program and overburden on jurisdictions with properties that provide 3 regional benefits. Metro Cities supports the continuation of the fiscal disparities � program unless an appropriate replacement is developed. } Metro Cities opposes the use of fiscal disparities to fund social or physical metropolitan programs since it results in a metropolitan-wide property tax increase hidden from the public. 1-K Constitutional Tax and Expenditure Limits � Metro Cities strongly opposes including tax and expenditure limits in the state � constitution. This would eliminate any flexibility on the part of the Legislature or local � governments to respond to unanticipated critical needs, emergencies, or fluctuating economic situations. When services such as education, public safety and health care � require increased funding beyond the overall limit, experiences in at least one other state E indicate that other publicly funded services receive less than adequate resources. , Constitutional limits result in a reduced base during times of economic downturn and the # inability to recover to previous service levels when economic prosperity returns. � 1-L State Property Tax �� The 2001 Property T�Reform Act shifted general education funding to the state, and � funded it, in part,with a new state property tax on commerciaUindustrial and cabin property. The statute governing the sta.te levy was subsequently amended so that the levy ; is no longer dedicated to education and the levy is automatically adjusted by the rate of j inflation as measured by the implicit price deflator. Since cities' only source of general funds is the property tax, Metro Cities strongly opposes extension of a state-levied property tax to additional classes of property. � 2012 Legislative Policies 5 Municipal Revenue &Taxation Metro Cities supports efforts to have the state provide information on the property tax statement regarding the state property tax. 1-M Ciass Rate Tax System Metro Cities opposes elimination of the class rate tag system, or applying future levy increases to market value, since this would further complicate the property tax system. 1-N Personal Property Taxation: Electric Utility The Minnesota Department of Revenue has revised its regulations for calculating the taxable market value of electric and natural gas utility property. This affects property taxes paid by investor-owned utilities (IOUs)not only to the state, but also to local governments. Provisions in the previous regulations, such as depreciation limits and prescribed weights for the cost and income approaches to value, helped to preserve the taxable value of this property over the many decades it is in service. IOUs enjoy a guaranteed rate of return on their capital investments, but host cities experience the costs of environmental damage, nuisance and lost economic development as the result of this property. IOUs argued that their property is over-valued and that depreciation limits should be removed. However, changes to the utility property valuation rules will drastically reduce the taxable market value that helps compensate host cities for hosting base load electric generation facilities. Metro Cities opposes changes to the utility property valuation rules that result in a significant decline in the taxable market value of utility property. Metro Cities ' supports state appropriated aid to cities to keep them �nancially whole and to compensate for the economic and environmental costs of hosting base load electric generation facilities, rather than through increases in property class rates or other mechanisms. 1-O Sales Tax on Local Government Purchases Sta.te law currently requires local governments, with the exception of public schools, nursing homes, hospitals and public libraries,to pay sales tax. The law exempts certain local government units from some specific purchases such as ambulance vehicles and equipment,road and bridge maintenance, emergency rescue vehicles, and others. Metro Cities supports a reinstatement of the sales tax exemption for all local government purchases,since such charges represent a double tax upon our citizens. 6 2012 Legislative Policies � Municipal Revenue 8�Taxation 1-P City Revenue Stability and Fund Balance Metro Cities opposes state attempts to control or restrict city fund balances. These funds are necessary to maintain fiscal viability, meet unexpected or emergency resource needs,purchase capital goods and infrastructure, provide adequate cash flow and maintain high level bond ratings. 1-Q Public Empioyees' Retirement Association (PERA) Metro Cities supports employees and cities sharing equally in the cost of necessary contribution increases,the standard for the PERA General Plan, and a 60% employer/40% employee split,the standard for the PERA Police and Fire Plan. Metro Cities also supports state assistance to local governments to cover any addihonal contribution burdens placed on cities over and above contribution increases required by employees. Cities should receive sufficient notice of these increases so that they may take them into account for budgeting purposes. In 2010, pension stabilization legislation was enacted to begin addressing the funding deficiency in the PERA pension plans. The modifications will increase employer contributions by $16 million annually, but the overall legislative package, including a reduction in the annual retiree adjustment, an increase in vesting to five years, and a reduction in interest rates on refunds will reduce the unfunded liability in the plans by $300 million annually. To help ensure the fiscal health of the PERA system, Metro cities supports the legislative changes made in 2010, and opposes benefit improvements for active employees ar retirees until the financial health of the PERA General Plan and PERA Police and Fire Plan are restored. Metro Cities supports modifications to help align PERA contributions and costs, and reduce the need for additional contribution increase, including a modification of PERA eligibility guidelines to account for temporary, seasonal and part time employment situations,the use of pro-rated service credit, and a comprehensive review of exclusions to simplify eligibility guidelines. Metro Cities will monitor legislative proposals,plan design changes and the joint study of the state's public pension plans and when necessary and appropriate, respond in a manner that supports this policy and provides for the fair treatment of employees and the protection of municipalities' interests. 1-R Aggregate Mining Fee In order to provide an incentive for the extraction of local aggregate resources prior to urbanized development, and in order to help offset the negative impacts of aggregate 2012 Legislative Policies 7 Municipal Revenue 8�Taxation mining on local communities, the state should authorize cities and townships to collect a per ton host community fee from the operators of aggregate mines with the fee proceeds to be deposited in the municipality's general fund. The 2008 Legislature adopted an Aggregate Resource Preservation Act as an incentive for the extraction of local aggregate resources prior to urbanized development, as well as a modified tax structure that requires 42.5%of the aggregate tax to be distributed to host cities and townships. Metro Cities supports legislative efforts to assist aggregate host cities in offsetting the negative impacts of aggregate mining on local communities. Metro Cities would prefer that cities and tov�mships be allowed to collect a per ton host community fee from the operators of aggregate mines with the fee proceeds to be deposited in the municipality's general fund. T'he Legislature may wish to consider an examination of the negative impacts of aggregate mining on cities adjacent to host cities. 9-S State Program Revenue Sources Metro Cities opposes any attempt by the state to finance programs of statewide value and significance with local revenue sources such as municipal utilities or property tax mechanisms. These local revenue sources are created to finance local government services. Statewide programs, such as the Clean Water Legacy Act, serve important state goals and objectives, and should be financed through traditional state revenue sources such as the income or sales tax. 1-T Post Employment Benefits Metro CiHes supported 2008 statutory changes that allow local governments to establish trusts from which to fund post-employment health and life insurance benefits for public employees,with participation by cities on a strictly voluntary basis, in recognition that cities have differing local needs and circumstances. Cities should also retain the ability to determine the Ievel of post employment benefits to be provided to employees. 1-U Health Care Insurance Programs Metro Cities supports legislative efforts to control health insurance costs, but opposes actions that undermine local flexibility to manage rising insurance costs. Metro Cities encourages a full examination of the rising costs of health care and the impacts on city employers and employees. Metro Cities also supports a study of the fiscal impacts to both cities and retirees of pooling retirees separately from active employees. s 2012 Legislative Policies ; Municipal Revenue &Taxation � � 1-V State Budget Stability � For the last several years, the Sta.te has experienced increasingly substantial budget � deficits and volatility in state revenues. To address state budget shortfalls, the Legislature F and Governor have focused their efforts on reducing expenditures, shifting costs to other � units of government, school payment delays, one time revenue sources, and drawing ! down the state budget reserve. Many of these options will not be ava.ilable to address future state budget shortfalls and the Legislature and Governor must seek solutions that � achieve structural budget balance. � F In 2011, the enacted budget contained spending cuts of$2 billion, an additional K12 school payment shift of$700 million, and borrowing $640 million from future tobacco related revenues through bonds. The budget agreement also reduced the state's budget reserve by$179 million. These actions do not achieve state budget structural balance, and the state will likely confront at a minimum another $1.9 billion deficit in 2013. Metro Cities strongly supports changes to the state's revenue system that enhance and improve stability,flexibility and adequacy in the system. Such changes should , focus on measures that reduce the volatility of state revenues and improve the long term balance of state revenues and expenditures. Metro Cities supports a statutory budget , reserve minimum that is adequate to manage risks and fluctuations in the state's tax ' system and a cash flow reserve account of sufficient size so that the state can avoid short term borrowing to manage cash flow fluctuations. Metro Cities also supports an examination of the property tax system and the relationships between state and local tax bases,with an emphasis on recent state budget cuts and their impact on property taxes. 1-W Online Travel Companies and Taxes Metro Cities opposes legislation that allows online travel companies a tax exemption that terminates obligations to pay hotel taxes to state and Iocal governments, or otherwise restricts legal actions by states and localities. 2012 Legislative Policies 9 Municipal Revenue 8�Taxation �0 2012 Legislative Policies � �° Generalle isiation 2 � :,� g � ) � ; 2-A Mandates, Zoning & Local Authority Metro Cities opposes statutory changes which erode local control and authority or € create mandated additional tasks requiring new or added local costs without a corresponding state appropriation or funding mechanism. Metro Cities believes that zoning decisions should be made at the local level. Metro Cities supports legislation that gives local officials greater authority and discretion to approve variances in order to remain flexible in response to the unique land use needs of their own community. New unfunded mandates potentially cause increased property ta��es which impede cities' ability to fund traditional service needs. To allow for greater collaboration and flexibility in providing local services, Metro Cities also encourages the removal of barriers or hurdles to cooperation and coordination between cities and other units of government or entities. Metro Cities supports local decision-making authority. 2-B City Enterprise Activities Creation of an enterprise operation allows a city to provide the desired service while maintaining financial and management control. The state should refrain from infringing on this ability to provide and control services for the benefit of community residents. Metro Cities supports cities having authority to establish city enterprise operations in response to community needs, local preferences, state mandates or to ensure residents' quality of life. 2-C Firearms on City Property Cities should be allowed to prohibit handguns and other weapons in city-owned buildings, facilities and parks. This would allow locally elected officials to determine whether to allow permit-holders to bring guns into municipal buildings, liquor stores, city council chambers and city sponsored youth activities. It is not Metro Cities' intention for cities to have the authority to prohibit legal weapons in parking lots, on city streets or city sidewalks. . Metro Cities supports local control over allowing handguns and other weapons on city owned property. • 2012 Legislative Policies 11 General Legislation 2-D 911 Telephone Tax Public safety answering points (PSAPs)must be able to continue to rely on state 911 revenues to pay for upgrades and modifications to loca1911 systems, maintenance and operational support, and dispatcher training. Metro Cities supports state funding for the technology and training needed to provide the number and location of wireless and voice over internet protocol (VoIP) calls to 911 on computer screens and transmit that data to police,fire and first responders. 2-E 800 MHz Radio System Metro Cities urges the Legislature to provide cities with the financial means to obtain required infrastructure and subscriber equipment(portable anc�mobile radios)as well as provide funding for operating costs, since the prime purpose af this system is to allow public safety agencies and other units of government the ability to communicate effectively. Metro Cities supports the work of the Metropolitan Emergency Services Board (previously the Metropolitan Radio Board) in implementing and maintaining the 800 MHz radio system, as long as cities are not forced to modify their current systems or become a part of the 800 MHz Radio System unless they so choose. 2-F Building Codes In spite of the serious downturn in the construction economy, thousands of new housing units have been constructed annually in the metro area, and when the economy rebounds, building will resume. Structural and water intrusion problems have surfaced in many houses and commercial buildings built in the last 20 years. These problems have resulted in dissatisfied homeowners and conflicts between the state, builders and cities. Metro Cities supports an equitable distribution of fees from the Construction Code Fund,with proportional distribution based on the area of enforcement where the fees were received. Metro Cities further supports a joint effort by the state, cities and builders to collectively identify appropriate uses for the fund,including education, analysis of new materials and construction techniques, building code updating,building inspector training, development of performance standards and identification of construction "best practices." Metro Cities supports including the International Green Construction Code as an `optional appendix' to the State Building Code to allow cities to utilize appropriate 12 2012 Legislative Policies ° General Legislation parts of those guidelines in their communities. Metro Cities also supports adopting the international energy conservation code to the state building code without � amendments. Metro Cities does not support legislative solutions that fail to = recognize the interrelationships between builders, state building codes and cities. � f 2-G Administrative Fines � Traditional methods of citation, enforcement and prosecution have met with increasing � costs to Iocal units of government. The use of administrative fines is a tool to moderate those costs. Metro Cities supported expansion of the 2009 administrative fine authority to � allow cities to issue administrative fines for defined local traffic offenses. While the ; expanded authority is a welcome enhancement, further compromise language is necessary to enhance the workability of the authority. Metro Cities continues to support t all cities' authority to use administrative fines for regulatory ordinances, such as building £ � codes, zoning codes, health codes, and public safety and nuisance ordinances. � Metro Cities supports the use of city administrative fines, at a minimum, for � regulatory matters that are not duplicative of misdemeanor or higher level state traffic and criminal offenses. Metro Cities also endorses a fair hearing process before a �' disinterested third party. � t � 2-H Residential Care Facilities � Sufficient funding and oversight is needed to ensure that residents living in residential � care facilities have appropriate care and supervision, and that neighborhoods are not � disproportionately impacted by high concentrations of residential care facilities. Under current law, operators of certain residential care facilities are not required to notify cities � when they intend to purchase single-family housing for this purpose. Cities do not have � the authority to regulate the locations of group homes and residential care facilities. Cities have reasonable concerns about high concentrations of these facilities in residential _� neighborhoods, and additional traffic and service deliveries surrounding these facilities � when they are grouped closely together. Municipalities recognize and support the services residential care facilities provide. However, cities also have an interest in � preserving balance between group homes and other uses in residential neighborhoods. Providers applying to operate residential care facilities should be required to notify the , city when applying for licensure so as to be informed of local ordinance requirements as ` a part of the application process. Licensing agencies should be required to notify the city � of properties receiving licensure to be operated as residential care facilities. S � � Metro Cities supports statutory authority to require licensed agencies and licensed providers that operate residential care facilities to notify the city of properties being } operated as residential care facilities. Metro Cities also supports the establishment of non-concentration standards, similar to those allowed for the core cities, for F 2012 Legislative Policies 13 I General Legislation residential care facilities to prevent clustering and require the appropriate county agencies to enforce these rules. , 2-I Annexation The 2006 Legislature created the Municipal Boundary Adjustment Task Force to study and rnake recommendations on what, if any, changes should be made to the law governing municipal boundary adjustments. The task force was charged with developing recommendations regarding best practices annexation training for city and tawnship o�cials to better communicate and jointly plan potential annexations. The report from the Municipal Boundary Adjustment Task Force to study and make recommendations on what, if any, changes should be made to the law governing municipal boundary adjustments was published in February of 2009. While the task force was able to define the differences between cities and townships on the issue of annexation, no significant advancements were made in creating best practices. Metro Cities supports continued legislative efforts to develop recommendations regarding best practices annexation training for city and township officials to better communicate and jointly plan potential annexations. Further, Metro Cities supports substantive changes to the state's annexation laws that will lead to better land-use planning, energy conservation, greater environmental protection,fairer tax bases, and fewer conflicts between townships and cities. Metro Cities also supports technical annezation changes that have been agreed to by cities and townships. 2-J Housing Ordinance Enforcement In 2008, the Minnesota State Supreme Court ruled in Morris v. Sax that certain provisions of the city of Morris' rental housing code were invalid because there were subjects dealt with under the state building code and the city was attempting to regulate these areas "differently from the state building code."Minnesota Statutes section 16B.6s subdivision 1 states: "The state building code applies statewide and supersedes the building code of any municipality. A municipality must not by ordinance or through development agreement require building code provisions regulating components or systems of any residential structure that are different from any provision of the state building code." Metro Cities supports the ability of cities to enforce all housing codes passed by a local municipality to maintain its housing stock. 14 2012 Legislative Policies General Legislation 2-K Statewide Funding Sources for Local Issues with Regional Impact : Many issues faced by cities, including, but not limited to,the implementation of a metropolitan area groundwater monitoring network and emerald ash borer eradication and the cleanup of storm-water retention ponds with significant local costs have impacts that reach beyond municipal boundaries. Metro Cities supports the availabitity of statewide funding sources to address local issues that have regional or statewide significance. Metro Cities opposes the requirement of enacting ordinances more restrictive than state law in exchange for access to these funds. 2-L Dangerous Substance Regulation In metropolitan regions where most cities share boundary lines with other cities, the banning of dangerous substances at the local level does not eliminate access to these products unless all cities take the same regulatory action. Under these circumstances, as evidenced by recent synthetic marijuana and analog drug situations,Metro Cities supports statewide regulation and prohibition of substances found to present a danger to anyone who uses them. 2012 Legislative Policies 15 General Legislation ' 16 2012 Legislative Policies i � Y ��°�� Housin & Economic ,. „ g ' .�' �. •�i i�' � � Development (3) � �_______, t ` Housing & Economic Development Introduction 3 � � � While the provision of housing is predominantly a private sector, market-driven activity, ; all levels of government—federal, state and local—have a role to play in facilitating the w production and preservation of affordable housing in Minnesota. � Metro Cities' housing policies recognize and support the intergovernmental nature of this � issue—including participation from federal, state, regional and local governments. Cities are responsible for much of the ground-tevel housing policy in Minnesota—including £ land-use planning, building code enforcement, and often times the packaging of financial 3 incentives. However, the State and Metropolitan Council must also play a major role by empowering local units of government and providing a variety of funding programs and � tools. � � ; 3-a City Role in Housing In the state of Minnesota, the provision of housing is predominantly a private sector, market-driven activity. However, all cities facilitate the development of housing via ! responsibilities in the areas of land-use planning, zoning ordinances and subdivision regulations. Many cities take on a significant administrative burden by providing � financial incentives and regulatory relief, participating in state and regional housing � programs and supporting either local or countywide Housing and Redevelopment Authorities. Cities are also responsible for ensuring the health and safety of local ` residents and the structural soundness and livability of the local housing stock via , building permits and inspections. ` Metro Cities strongly opposes any effort to reduce, alter or interfere with cities' f authority to carry out these functions in a locally determined manner. ; I 3-B City Role in Affordable and Life Cycle Housing � Metro Cities' supports both affordable housing and housing that is appropriate for ` people at all stages of life. A variety of housing opportunities are important to the economic and social well being of individual communities and the region. Cities can ` facilitate the production and preservation of affordable and lifecycle housing by: � • Applying for funding from applicable grant and loan programs; i • Working with developers and local residents to blend affordable housing into new ; and existing neighborhoods; � 2012 Legislative Policies 17 4 Housing 8� Economic Development • Expediting review processes; • Working to reduce locally imposed development costs; and • Using available regulatory mechanisms to shape housing communities. 3-C Inclusionary Housing Metro Cities supports the location of affordable housing in residential and mixed- use neighborhoods throughout a city. However, Metro Cities does not support passage of a mandatory inclusionary housing law that would require a certain percentage of units in all new housing developments to be affordable to households at a particular income level because these units can't be produced without a deep developer subsidy or cross- subsidization from the other houses in the development. While Metro Cities believes there are cost savings to be achieved through regulatory reform, density bonuses, and fee waivers, Metro Cities does not believe a mandatory inclusionary housing approach can achieve the desired levels of affordability solely through these steps. The Metropolitan Council, in creating its affordable housing tazgets, must recognize both the opportunities and financial limitations of cities. The Council should partner with cities to facilitate the creation of affordable housing through direct financial assistance and/or advocating for additional resources through the Minnesota Housing Finance Agency. 3-D Metropolitan Council Housing Targets In advance of the 2008 Comprehensive Plan deadline and in response to projected growth in the Metro Area, the Metropolitan Council created a methodology ta determine how many affordable housing units would be needed and where those units should go. From that process, each metro area city was assigned an affordable housing"target". Further, Met Council Comprehensive Plan guidance instructs cities to guide sufficient land to accommodate the "targets". Metro Cities supports the creation of a variety of housing opportunities. However, the provision of affordable and lifecycle housing is a shared responsibility between the private sector and government at all levels, including the federal government, state govemment and Metropolitan Council. Land economics, construction costs and infrastructure needs create barriers to the creation of affordable housing that cities cannot overcome without assistance. Therefore,Metro Cities supports a Metropotitan Councit affordable housing policy that recognizes the following tenets: 18 2012 Legislative Policies Housing 8� Economic Development • The Council's housing policies characterize individual city housing numbers as targets or a range of needs in the community. • Cities need significant financial assistance from the federal and state government, as well as the Metropolitan Council,in order to make progress toward creating additional affordable housing; • Connecting affordable and workforce housing with access to transit areas should be a priority to maximize available deveIopment funds. • Absent significant resources to assist cities,the Met Council will not hold cities responsible if the goals can't be met, and the Met Council will reassess biennially the targets or range of needs to recognize the deficiency; • The formula, and the methodology used to create targets, should be routinely evaluated to determine if market conditions have changed or if underlying conditions should prompt readjustment of the formula; • The Council should use a methodology that incorporates data accumulated by individual cities, and not just census driven growth projections; • The formula should be adjusted to better reflect the balance and breadth of existing affordable housing stocks; and • The Council should engage in a "post" project analysis in order to measure the effectiveness of that project. 3-E State Role in Affordable Housing Primarily through the programs of the Minnesota Housing Finance Agency (MHFA) and the Department of Employee and Economic Development(DEED),the state establishes general direction and prioritization of housing issues. The state financially supports a variety of housing types including homeless shelters,transitional housing, supportive housing, senior housing, and family housing. The state must continue to be an active partner in addressing lifecycle and affordable housing issues. Metro Cities supports: • Increased funding, including state general funds and, possibly, alternate sources of revenue, for programs that support lifecycle, affordable housing,foreclosure mitigation, senior, transitional and emergency housing. The state should consider establishing a non-competitive program to create a pipeline to match city-subsidized affordable housing projects; 2012 Legislative Policies 19 Housing 8� Economic Development • Housing programs that assist housing development throughout the low-to- moderate income range; • Housing programs designed to develop market rate housing in census blocks with high concentrations of poverty,where the private market might not otherwise invest as a means of reconciling affordable housing with community development goals. � • Continuing the policy of using the Minnesota Housing Finance Agency's investment earnings for housing programs; • City input into state legislation involving distribution of tax credits and tax egempt bonding; • Exemptions from,or reductions to sales, use and transaction taxes applied to the development and production of affordable housing; • Consideration of providing state tax credits to leverage cross-subsidized affordable units in a market rate development project. This incentive could be used in conjunction with city, regional, or other state incentives; and • Consideration of the use of state bond proceeds and other appropriations for land banking, land trusts, and rehabilitation and construction of affordable housing. • Homeownership counseling services, including pre-purchasing counseling, in order to help reduce foreclosures by informing homeowners and potential homeowners of their rights,options, and costs associated with owning a home. • An affordable housing tax credit to help spur construction and secure additional private investment. 3-F Federal Role in Affordable and Workforce Housing Metro Cities encourages the federal government to maintain and increase current levels of funding for affordable and workforce housing. Federal investment in affordable and workforce housing will increase the supply of affordable and life cycle housing as well as increase the inter-jurisdictional collaboration between the two levels of government. Federal funding plays a critical role in aiding states and local governments in their efforts to maintain and increase affordable and workforce housing throughout the state. Providing working families access to housing is an important piece to the economic vitality of the region. Metro Cities strongly encourages the following: 20 2012 Legislative Policies I Housing 8� Economic Development • To preserve and increase funding for the Community Development Block Grant Program and the federal HOME program,which are catalysts for creating more , affordable housing; • To create and implement a more streamlined procedural method for local units of government to participate and access federal funding and services dealing with grants,loans, and taa incentive programs for economic and community development efforts; ' • To preserve resources to sustain existing public housing throughout the Metro Area; • To commit resources to Section 8 funding. It is a flexible, cost effective, and successful program that has helped nearly two million families nationally find housing through promotion of self-sufficiency and stability; and • To support federal funding to provide short-term assistance for HRAs in order to facilitate the sale of tax-exempt bonds. 3-G Vacant, Boarded, and Foreclosed Properties and Properties at Risk There has been an epidemic of mortgage foreclosures in the state, and the number of foreclosures continues to increase as more homeowners cannot afford to pay their existing mortgages, and as many homeowners find themselves "underwater" in their mortgages,with the result that some homeowners are choosing to walk away from their homes rather than paying more than the home's value. As the economy continues to be challenged, and recovery is expected to be slow, foreclosure levels are expected to continue over the next couple of years. While mortgage foreclosures are responsible for a significant portion of vacant and boarded properties,they are not the only cause. Abandoned residential and commercial properties can be devastating to communities when the presence of vacant buildings results in reduced property values and increased crime. The additional public safety and code enforcement costs of managing vacant properties are a financial strain on cities. Metro Cities supports solutions to vacant and boarded properties that recognize three things: (1)Prevention is more cost effective than a cure. (2) The causes of this problem are many and varied, thus the solutions must be as well. (3)It is not simply a "city" problem so cities must not be expected to bear the bulk of the burden of mitigation. Further, Metro Cities supports some specific proposals: 2012 Legislative Policies 21 Housing 8� Economic Development • Improvement of the redemption process to provide increased notification to renters,strengthen the ability of homeowners to retain their properties, and reduce the amount of time a property is vacant; • Expedition of the tax forfeiture process; • Improve the cost assignment process to ensure that cities can recoup their costs of managing vacant properties; • Improve ability of cities to recoup the increased public safety and enforcement costs related to vacant properties; • Increase financial tools for neighborhood recovery efforts, including taz increment financing; • Provide financial tools that allow cities to acquire vacant and boarded properties ' before deterioration and vandalism result in unsalvageable structures, including increasing eminent domain flexibility; and • Registration of vacant and boarded properties, 3-H Economic Development and Redevelopment The economic viability of the Metro Area is enhanced by a broad array of economic development tools that create infrastructure, recycle previously developed property, provide incentives for business development and support technological advances. It ' should be the goal of the State to champion development by providing enough sustainable funding to assure competitiveness in a global marketplace. The State of Minnesota should recognize cities as the primary unit of government responsible for the ' implementation of economic development, redevelopment policies and land use controls. Sta.te assistance to cities for development is required in two broad areas: (1) Economic Development–direct business assistance; and (2} Redevelopment/Development–real estate development. They are not mutually exclusive—some projects require a boost on both counts. 3-H (1) Economic Development For purposes of this section, economic development is defined as a form of development that contains direct business assistance with the goal of sustainable job creation,job retention or to nurture new or retain existing industry in the state. The measure of return on investment of public business subsidies should include the impact (positive or negative) of"spin-off development" or business development that is ancillary and supportive of the primary business. 22 2012 Legislative Policies Housing & Economic Development Metro Cities supports: • Continued competitive funding for the Minnesota Investment Fund; • Continued funding for the Urban Initiative Program and other state programs to sup.port minority business start-ups; • Continued support for the Bioscience partnerships between cities, companies and University of Minnesota; • Development of green opportunities for green job development and related innovafion and entrepreneurship; • Economic tools that facilitate job growth without relying solely on the growth of property tax base; • The Regional Competitiveness Project, a collaboration of the Regional Councit of Mayors and the Business and Workforce investment Boards (DEED)with the goal of implementing a regional economic and workforce development competitiveness strateg,y for short and long-term economic growth • The Itasca Project,an employer led project to drive regional efforts to keep the Twin Cities economy and quality of life competitive with other regions; and • The Metro Business Plan initiative, a pilot project designed to highlight the emergence of inetropolitan areas as a dominant source of economic and cultural power in modern America. • Greater MSP, a region-wide, private-public partnership whose mission is to stimulate economic growth in the Twin Cities Metropolitan Region; • Funding"QED's," the Qualified Economic Development Lender loan guarantee program; • Small business financing tools, such as a state new markets tax credit program, mirrored on the federal program,which provides capital for business; and • Tools,such as tax incentives,to attract and retain data centers and other IT facilities. 3-H (2) Redevelopment Redevelopment involves the development of land that requires "predevelopment." The goal of redevelopment is to facilitate the development of"pre-used" land,thereby leveling the playing field between green field and brown field sites so that a private 2012 Legislative Policies 23 Housing 8� Economic Development sec#or entity can rationally choose to locate on land that has already been used. The benefits of redevelopment include a decrease in Vehicle Miles Traveled(VMTs), more efficient use of new or existing public infrastracture(including public transit), ameliorated city costs due to public safety and code enforcement, and other public goods that result when land is reused rather than abandoned and compact development is encouraged. Metro Cities supports: • Increased funding and flezibility in the Metropolitan Council's Livable Communities Programs. Metro Cities strongly opposes funding reductions, transfers of Livable Communities Program funds to other program areas and constraints on eligibility and program requirements. Metro Cities supports allowing a maximum levy amount for this program, as provided for under Minnesota Statutes; • Increased, flexible and sustained funding for the Contamination Cleanup and Investigation Grant Program,administered by DEED; • New financing and regulatory tools to nurture Transit Oriented Development, including funding for Transit Improvement Areas (TIAS) as defined in state statute, as well as increased flexibility in the use of TIF for this purpose; • Increased and sustained general fund and state bond funds for the Redevelopment Grant Program, administered by DEED, dedicated to Metropolitan Area projects. � The evaluation of SAC fees to determine if they hinder redevelopment; • Allowing for cities to "bank" SAC credits to use elsewhere within city; • Expansion of existing tools or development of new funding mechanisms to correct unstable soils; and • Extension of the sunset of the state income tax credit for preservation of historic properties. • Innovative Business Development Public Infrastructure grants. 3-I Tax Increment Financing Tax Increment Financing (TIF)has been and continues to be the primary tool available for local communities to assist economic development, redevelopment and housing. Over time, several statutory changes have made this critical tool increasingly difficult to use, while recent property tax reform has resulted in a decreased state financial stake in city 24 2012 Legislative Policies Housing 8� Economic Development TIF decisions. At the same time that TIF has become more restrictive and difficult to use, federal and state development and redevelopment resources have been steadily shrinking. The 2006 eminent domain changes will make redevelopment significantly more expensive in some cases, and impossible in others. The cumulative impact of TIF restrictions, shrinking federal and state redevelopment resources, and changes to eminent domain Iaws will restrict a city's ability to address problem properties and will accelerate the decline of developed cities in the Metropolitan Area. With huge state and federal budget deficits, the only source of revenue available to accomplish the scope of redevelopment necessary is the value created by the redevelopment itself, or the "increment." Without the use of the increment development will either not occurs or is unlikely to be optimaL Metro Cities urges the Legislature to: • Not adopt any statutory language that would further constrain or directly or ' indirectly reduce the effectiveness of TIF; • Incorporate the Soils Correction District criteria into the Redevelopment District criteria so that a Redevelopment District can be comprised of blighted and contaminated parcels in addition to railroad property; • Expand the flexibility of TIF to support a broader range of redevelopment projects; • Increase the ability to pool increments from other districts to support projects; • Continue to monitor the impacts of tax reform on TIF districts and if warranted provide cities with additional authority to pay for possible TIF shortfalls. • Allow for the creation of transit zones and transit related TIF districts in order to shape development around transit stations but not for construction or maintenance of the public transit itself; • Allow TIF eligibility expansion to innovative technological products, recognizing that not only physical items create economic value; • Support changes to TIF law that will facilitate the development of"regional projects:" • Shift TIF redevelopment policy away from a focus on "blight" and "substandard" to "functionally obsolete" or a focus on long range planning for a particular community, reduction in green house gases or other criteria more relevant to current needs. • Encourage DEED to do an extensive cost-bene�t analysis related to redevelopment, including an analysis of the various funding mechanisms, and an 2012 Legislative Policies 25 Housing 8� Economic Development analysis of where the cost burden falls with each of the options compared the to the distribntion of the benefits of the redevelopment project. • Support TIF for neighborhood recovery efforts in the wake of the foreclpsure crisis; • Consider creating an inter-disciplinary TIF team to review local exception TIF proposals, using established criteria, and make recommendations to the legislature on their passage; and • Metro Cities encourages the State Auditor to continue to work toward a more efficient and streamlined reporting process. • Clarifying use of TIF when a sale occurs after the closing of a district • Enacting statutory revisions to allow adjustments to original net tax capacity calculations to reflect the new homestead market value exclusion. The new homestead market value exclusion will have a negative impact on certain housing TIF districts. The TIF statutes,Minn. Stat. § 469.177, provides for adjustments in a district's original net tax capacity to reflect the conversion of a taxable property to tax exempt status and also provides for adjustments to reflect changes in property classifications enacted by the legislature. However, the TIF statute does not address tax base changes as a result of the new homestead market value exclusion. Consequently, the current value of a district will be reduced by the exclusion but the original net tax capacity will not be adjusted and increment available to the district will decline; • Revise substandard building test to simplify, resolve ambiguities, and reduce continued threat of litigation; • Amend TIF statute to address, through extending districts or other mechanisms, shortfalls related to declining market values during economic crises. 3-J Eminent Domain Eminent domain law changes made by the 2006 Legislature resulted in a significant philosophical and legal shift in Minnesota. Whereas prior to 2006, Minnesota law provided extensive deference to local governments, statutory changes enacted in 2006 provide significantly greater deference to property owners. Eminent domain actions for traditional public uses such as streets, parks or sewers will cost more. And except for the most extreme cases of blight or contamination, eminent domain for redevelopment purposes will be neaxly impossible at any cost. The proper operation and long term economic vitality of our cities is dependent on the ability of a city, its citizens and its businesses to continually reinvest and reinvent. 26 2012 Legisiptive Policies ' Housing 8� Economic Development Reinvestment and reinvention strategies can occasionally conflict with the priorities of individual residents or business owners. Eminent domain is a critical tool in the reinvestment and reinvention process and without it; our cities may deteriorate to ' unprecedented levels before the public reacts. Metro Cities strongly encourages the Governor and Legislature to revisit the 2006 eminent domain changes to allow local governments to address redevelopment problems before those conditions become financially impossible to address. Specifically,the Legislature should: • Clarify contamination standards; • Develop different standards for redevelopment to include obsolete structures or to reflect the deterioration conditions that currently exist in the Metro Area; • Allow for the assembly of multiple parcels for redevelopment projects; ' • Provide for the ability to acquire land from "holdouts"who will now view a publicly funded project as an opportunity for personal gain at taxpayer expense; i.e. allow for negotiation using balanced appraisais for fair relocation costs; • Modify the public purpose definition under Chapter 117 to a11ow cities to more egpediently address properties that are vacant or abandoned in areas with high ' levels of foreclosures, so as to address neighborhood stabilization and recovery. 3-K This Old House/This Old Shop Metro Cities supports the reenactment of the"This Old House" law, which allowed owners of older homestead property to defer an increase in their tax capacity resulting from repairs or improvements to the home. In particular, "This Old House", or a similar program, should be reauthorized as an incentive for re-occupying and homesteading foreclosed or vacant homes. Metro Cities also supports passage of similar legislation for owners of older commerciaVindustrial property that make improvements that increase the property's market value by at least 12%. 3-L Business Incentives Policy Without a thorough study, the Legislature should not make any substantive changes to the Business Subsidy Act but should look to technical changes that would streamline both state and local processes and procedures. The legislature should distinguish between development incentives and redevelopment activities. In addition, in order to ensure cohesive and comprehensive regulations, the legislature should limit regulation of business incentives to the Business Subsidy Act. 2012 Legislative Policies 2� Housing 8� Economic Development Metro Cities supports additional legislation that includes tools to help enhance and facilitate economic development and job creation. 3-M Internet Technology Where many traditional economic development tools have focused on managing the costs and availability of traditional infrastructure—roads, rail, utilities, etc.—the new economy = is increasingly dependent on reliable, redundant, cost effective, high bandwidth telecommunications capabilities. While the United States was once a leader among � "wired" economies, its position has slipped dramatically as other countries have facilitated investments in fiber-optic deployment (fiber to the premises), commitments to true high speed internet capacity(100 mb to 1 gb) and improved networks (Internet 2). Recognizing that there is a policy debate regarding the role of government versus private telecommunications companies in implementing the next generation of internet capability,bringing about such capabilities is increasingly important to ensure that U.S. ; companies in general and Minnesota companies in particular can compete effectively in � the global economy. Metro Cities endorses comprehensive and regional strategies to stimulate the + implementation of high speed, reliable and cost effective internet service that is available throughout the state. Further, Metro Cities supports the repeal of Minnesota Statute 237.19. � 3-N City Role in Environmental Protection and Sustainable Development Historically, cities have played a major role in environmental protection, particularly in � water quality. Through the construction and operation of wastewater treatment and storm water management systems, cities are a leader in protecting the surface water of the state. In recent years, increased emphasis has been placed on protecting ground water and '� , removing impairments from storm water. In addition, there is increase.d ernphasis on city participation in controlling our carbon footprint and in promoting green development. Metro Cities supports public and private environmental protection efforts to reduce greenhouse gas emissions and to further protect surface and ground water. Metro Cities also supports "green" design and construction techniques to the extent that those techniques have been thoroughly tested and are truly environmentally beneficial, economically sustainable, and represent sound building practices. Metro Cities supports additional, feasible environmental protection with adequate funding and incentives to comply. ` Green jobs represent employment and entrepreneurial opportunities that are part of the green economy, as defined in Minnesota statue 116.437J1, including the four industry sectors of green products,renewable energy, green services and environmental conservation. Minnesota's green jobs policies, strategies and investments need to lead to high quality jobs with good wages and benefits, meeting current wage and labor laws. 28 2012 Legislative Policies Housing 8� Economic Development 3-O Impaired Waters Metro Cities supports continued development of the metropolitan area in a manner that is responsive to the market, but is cognizant of the need to protect the water resources of the state and metro area. Since all types of properties are required to pay storm water fees, Metro Cities opposes entity-specific exemptions from these fees. Metro Cities supports the goals of the Clean Water Act and efforts at both the federal and sta.te level to implement it. Metro Cities supports continued funding of the framework passed in the 2009 � Legacy legislation for clean water to improve the region's ability to respond to market demands for development and redevelopment,including dedicated funding for surface water impairment assessments,Total Maximum Daily Load (TMDL) development, storm water construction grants and wastewater construction grants. 2012 Legislative Policies 29 Housing & Economic Development 30 2012 Legislative Policies Metropolitan Agencies (4) 4-A Goats and Principles for Regional Governance The Twin Cities metropolitan region is home to the majority of our state's population and businesses and is poised for significant growth in the next two decades. At the same time, our metropolitan region faces significant challenges and opportunities. The responses to , these opportunities and challenges will determine the future success of the region and its competitiveness in our state, national and world economies. The Metropolitan Council was created to manage the growth of the metropolitan region, and cities are responsible for adhering to regional plans as they plan for local growth and service delivery. The region's cities are the Metropolitan Council's primary constituency, with regional and local growth being primarily managed through city comprehensive planning and implementa.tion, and the delivery of a wide range of public services. To function successfully, the Metropolitan Council must be accountable to and work in collaboration with city governments. The role of the Metropolitan Council is to set broad regional goals and to provide cities with technical assistance and incentives to achieve those goals. City governments are ' responsible and best suited to provide local zoning, land use planning, development and service delivery. Any additiorial roles or responsibilities for the Metropolitan Council should be limited to specific statutory assignments or grants or authorization, and should not usurp or conflict with local roles or processes, unless such changes have the consent of the region's cities. • Metro Cities supports an economically strong and vibrant region, and the effective, efficient and equitable provision of regional infrastructure, services and planning throughout the metropolitan area. • Metro Cities supports the provision of regional services and planning that may not be provided as effectively, efficiently or equitably by individual local units of government. • The Metropolitan Council must involve cities in the delivery of regional services and planning and be responsive to local perspectives on regional issues, and be required to provide opportunities for city participation on Council advisory committees and task forces. 2012 Legislative Policies 31 Metropolitan Agencies 4-B Regional Governance Structure Metro Cities supports the appointment of Metropolitan Council members by the Governor with four year, staggered terms for members. The appointment of the Metropolitan Council Chair should coincide with the term of the Governor. Metro Cities supports a nominating committee process that maximizes participation and input by local officials. Consideration should be given to the creation of four separate nominating committees,with committee representation from each quadrant of the region.Members of each committee should include three city officials, appointed by Metro Cities, one county commissioner appointed by the Association of MN Counties or a comparable entity,and three citizens appointed by the Governor. At least three of the local officials should be elected officials. The Governor must be required to appoint from the list of recommendations provided by the nominating committee, barring extraordinary or unforeseen circumstances that would prevent adherence to the recommendations, any reasons for which should be provided to the committee in writing, and be made part of the public record. Metro Cities supports the appointment of Metropolitan Council members who have demonstrated the ability to work with cities in a collaborative manner, and who understand the diversity and the commonalities of the region, and the long-term implications of regional decision-making. 4-C Comprehensive Analysis of Metropolitan Council Our region will continue to expand while simultaneously facing significant challenges around the effective, efficient and equitable provision of resources and infrastructure, Metro Cities believes that a comprehensive analysis of the Metropolitan Council is timely and appropriate,to assure that the region is equipped to address the future needs of a rapidly changing and growing metropolitan region. Metro Cities supports an objective, forward thinking analysis of the Metropolitan Council that includes the Council's authority, activities, services, and its geographical jurisdiction, and includes analysis of whether the Council is positioned to be effective in the coming decades. 4-D Oversight of Metropolitan Council Metro Cities supports the bi-partisan Legislative Commission on Metropolitan Government, or another entity,to monitor anc� review the Metropolitan Council's activities and to provide transparency and accountability for the Metropolitan Council operations and functions. 32 2012 Legislative Policies Metropolitan Agencies The Metropolitan Council should examine its scope of services to determine their benefit and efficiency, and be open to alternative methods of delivery to assure that services are provided at high levels of effectiveness for the region. 4-E Funding Regional Services The Metropolitan Council should continue to fund its regional services and activities through a combination of user fees,property taxes, and state and federal grants. The Council should set user fees via an open process that includes public notices and public hearings. User fees should be uniform by type of user and set at a level that supports effective and efficient public services based on commonly accepted industry standards, and allows for sufficient reserves to ensure long-term service and fee stability. Fee proceeds should be used to fund regional services.or programs for which they are "' collected. Metro Cities supports the use of property taxes and user fees to fund regional projects so long as the benefit conferred on the region is proportional to the fee or tax,and the fee or tax is comparable to the benefit cities receive in return. 4-F Regional Systems Regional systems are statutorily defined as transportation, aviation, wastewater treatment and recreational open space. The purpose of these regional systems and the Metropolitan Council's authority over them is cleazly outlined in state statute. In order to alter the focus or expand the reach of any of these systems,the Metropolitan Council must seek a statutory change. The system plans prepared by the Metropolitan Council for the regional systems should be specific in terms of the size, location and timing of regional investments in order to allow for consideration in local comprehensive planning. System plans should clearly state the criteria by which local plans will be judged for consistency and the criteria that will be used to find that a local plan is more likely than not to have a substantial impact on or contain a substantial departure from metropolitan system plans. Additional regional systems should onIy be established if there is a compelling metropolitan problem or concern that can best be addressed through the designation. Common characteristics of the four existing regional systems include public ownership of the system and its components and an established regional or state funding source. These characteristics should be present in any new regional system that might be established. Water supply does not meet these criteria. Metro Cities supports the regional system designations defined in statute. Any proposed additional regional systems should be sought only if there is a compelling 2012 Legislative Policies 33 Metropolitan Agencies metropolitan concern and an established regional or state funding source. Metro Cities opposes the designation of water supply as a regional system. 4-G Review of Local Comprehensive Pians In reviewing local comprehensive plans and plan amendments, the Metropolitan Council should: • Recognize that its role is to review and comment, unless it is found that the local plan is more likely than not to have a substantial impact on or contain a substantial departure from one of the four system plans; • Be aware of the statutory time constraints imposed by the Legislature on plan amendments and development applications; • Provide for immediate effectuation of plan amendments that have no potential for substantial impact on systems plans; • Require the information needed for the Metropolitan Council to complete its review, but not prescribe additional content or format beyond that which is required by the Metropolitan Land Use Planning Act(LUPA); • Work in a cooperative and timely manner toward the resolution of outstanding issues. When a city's local comprehensive plan is deemed incompatible with the Met Council's systems plans, Metro Cities supports a formal appeals process that includes a peer review. Metro Cities opposes the imposition of sanctions or monetary penalties when a city's local comprehensive plan is deemed incompatible with the Met Council's systems plans or the plan fails to meet a statutory deadline when the city has made legitimate efforts to meet Met Council requirements. • Work with affected cities and other organizations such as the Pollution Control Agency, Department of Natural Resources, Department of Health and other stakeholders to identify common ground and resolve conflicts between respective goals for flexible residential development and achieving consistency with the Council's system plans and policies. • Require entities, such as private businesses, non profits, or local units of government, among others, whose actions could adversely affect a comprehensive plan, to be subject to the same qualifications and/or regulations as the city. 34 2012 Legislative Policies � Metropolitan Agencies 4-H Comprehensive Planning Process � Metro Cities supports an examination of the comprehensive planning process to ` make sure that the process is streamlined and efficient, so as to assist in alleviating excessive cost burdens or duplicative or unnecessary planning requirements by municipalities in the comprehensive planning process. Metro Cities supports y resources to assist cities in meeting regional goals as part of the comprehensive planning process. 1 f 4-I Comprehensive Planning Schedule � = Cities are required to submit comprehensive pian updates to the Metropolitan Council every 10 years,the most recent of which was due in 2008. A city's comprehensive plan � represents a community's vision of how the city should grow and develop or redevelop, , ensure adequate housing, provide essential public infrastructure and services, protect , natural areas and meet other community objectives. � Metro Cities recognizes that the merit of aligning comprehensive plan timelines with the release of census data.. However,the comprehensive plan process is expensive,time = consuming and labor intensive for cities, and the timing for the submission of � comprehensive plans should not be altered solely to better align with census data. If sufficient valid reasons exist for the schedule for the next round of comprehensive plans ` to be changed or expedited, cities should be provided with financial resources to assist � them in preparing the next round of plans. � Metro Cities opposes cities being forced into a state of perpetual planning as a result � of regional and legislative actions. Should changes be made to the comprehensive planning schedule,Metro Cities supports resources to assist cities in preparing and ' incorporating policy changes in their local planning efforts. � Metro Cities supports a 10-year time frame for comprehensive plan submissions. � � � 4-J Local Zoning Authority ; ' Local governments are responsible for zoning and local officials should have full authority to approve variances to remain flexible in response to the unique land use needs ` of their own community. Local zoning decisions, and the implementation of cities' � comprehensive plans, should not be conditioned upon the approval of the Metropolitan , Council or any other governmental agency. � � Metro Cities supports local authority over land use and zoning decisions, and opposes the creation of non-local appeals boards with the authority to supersede city � zoning decisions. � � � 2012 Legislative Policies 35 # � Metropolitan Agencies 4-K Regional Growth The most recent regional population forecasts projects a population of 3,608,000 people by 2030. Metro Cities recognizes cities' responsibility to plan for sustainable growth patterns that integrate transportation,housing,parks, open space and economic development that will result in a region better equipped to manage population growth, to provide a high quality of life for a growing and increasingly diverse metropolitan area population and improved environmental health. In developing local comprehensive plans to fit within a regional framework, adequate state and regional financial resources and incentives, and m�imum flexibility around local planning decisions, are imperative. The regional framework should assist cities in managing growth while being responsive to the individual qualities, characteristics and needs of inetropolitan cities, and should encourage sub-regional cooperation and coordination. In order to accommodate this growth in a manner that preserves the region's high quality of life: • Natural resource protection will have to be balanced with growth and development/reinvestment; • Significant new resources will have to be provided for transportation and transit; • New households will have to be incorporated into the core cities, first and second-ring suburbs, and developing cities through both development and redevelopment. In order for regional and local planning to result in the successful implementation of regional policies: • The State of Minnesota must contribute additional financial resources, particularly in the areas of transportation and transit,reinvestment, affordable housing development, and the preservation of parks and open space. If funding for regional infrastructure is not adequate, cities should not be responsible for meeting the growth forecast set forth by the Metropolitan CounciL • T'he Metropolitan Council and Legislature must work to pursue levels of state and federal transportation funding that are adequate to meet identified transportation and transit needs in the metropolitan area. • The Metropolitan Council must recognize the limitations of its authority and continue to wark with cities in a collaborative, incentives-based manner, and 36 2012 Legislative Policies y I Metropolitan Agencies � � • Metropolitan counties, including adj acent counties and school districts, must be brought more thoroughly into the discussion due to the critical importance of facilities and services such as county roads and public schools in accommodating forecasted � growth. • Greater recognition must be given to the fact that the "true"metropolitan region extends beyond the traditional seven-county area and the need to work collaboratively with adjacent counties in Minnesota and Wisconsin, and the cities within those cou.nties. The region faces environmental, transportation, and land-use issues that cannot be solved by the seven-county metro area alone. Metro Cities supports an analysis to determine the impacts of Metropolitan Council's growth management policies and infrastructure investments on the growth and development of the collar counties, and the impacts of growth in the collar counties on the metropolitan area. 4-L Natural Resource Protection Metro Cities supports the Metropolitan Council's efforts to compile and maintain an inventory and assessment of regionally significant natural resources for the purpose of providing local communities with additional information and technical assistance. The state and region play significant roles in the protection of natural ' resources. Any steps taken by the state or Metropolitan Council regarding the protection of natural resources must recognize that: • The protection of natural resources is significant to a multi-county area that is home to more than 50 percent of the state's population and a travel destination for many more. Given the limited availability of resources and the artificial nature of the metropolitan area's borders, neither the region nor individual metropolitan communities would be well served by assuming primary responsibility for financing and protecting these resources. • The completion of local Natura.l Resource Inventories and Assessments (NRUA) is not a regional system nor is it a required component of local comprehensive plans under the Metropolitan Land Use Planning Act. • The protection of natural resources should be balanced with the need to accommodate growth and development,reinvest in established communities, encourage more affordable housing and provide transportation and transit connections. • Decisions about the zoning or land-use designations either within or outside a public park, nature preserve or other protected area are, and should remain, the responsibility of local units of government Metro Cities supports the Metropolitan Council's efforts to compile and maintain an inventory and assessment of regionally signi�cant natural resources for the 2012 Legislative Policies 37 Metropolitan Agencies purpose of providing local communities with additional information and technical assistance. Metro Cities urges the Legislature and/or the Metropolitan Council to provide ' financial assistance for the preservation of regionally significant natural resources. 4-M Inflow and Infiltration (t/I) The Metropolitan Council's Water Resources Management Plan established an I/I surcharge in 2007 on cities that are determined by MCES to be contributing unacceptable amounts of storm water to the MCES wastewater treatment system. Since the inception of the surcharge program, 46 cities have been identified as excessive I/I contributors. This number is subject to change, depending on rain events, and any city in the metropolitan area could be affected. While Metro Cities recognizes the importance of controlling I/I because it affects the size, and therefore the cost, of wastewater treatment systems and because excessive I/I in one city can affect development capacity of another, we are concerned about the potential for cities to incur increasingly exorbitant costs, and decreasing benefits, in their on-going efforts to mitigate excessive UI. Metro Cities supported the recommendations of the 2010 I/I Demand Charge Task Force for a second phase, on-going surcharge program to address I/I mitigation in the region.Metro Cities further supported adjustments to the flow methodology used to measure excess I/I that allow for the normalizing of precipitation variability. Metro Cities also encourages the Council to work with cities on community-specific issues that fall outside the scope of the task force report and recommendations. Metro Cities continues to monitor the surcharge program, and encourages the Metropolitan Council to support state financial assistance for Metro Area I/I mitigation through future Clean Water Legacy Act appropriations or similar legislation. Metro Cities supports continued state capital assistance to provide grants to metro area cities for the purpose of mitigating inflow and in�ltration problems into municipal wastewater collection systems. 4-N Water Supply The 2005 Legislature authorized the Metropolitan Council to carry out planning activities to address the water supply needs of the Metro Area, and to establish a Water Supply Advisory Committee. Its work includes analyzing technical water supply/use data, the development of a master metro area water supply plan, recommendations for clarifying roles of local, regional and state governments and streamlining and consolidating 38 2012 Legislative Policies � Metropolitan Agencies � approval processes, and recommendations for funding future planning and capital investments. � The Master Water Supply Plan now in place serves as a framework for assisting and guiding communities in their water supply planning,without usurping local decision making processes. As the plan is implemented, many cities will conduct their own ' analyses for use in water supply planning. Local studies should be given equal weight in regional water supply planning. ' In addition to the Metropolitan Council, there are currently at least five state agencies with water related jurisdiction. There are also several federal agencies involved in water issues. Metro Cities encourages the Metropolitan Council to consider the inter- relationships of wastewater treatment, storm water management and water supply. Any state and regional regulations and processes should be clearly stated in the Water Supply Plan. Further, regional monitoring and data collection benefits should be borne as shared expenses between the regional and local units of government. The 2010 Legislature expanded the membership of the Advisory Committee to include four officials from the collar counties, and extended the Advisory Committee to December, 2012. The extension of the committee, which includes five metro area municipal officials, will allow the committee to continue to play a strong role in the development and direction of water supply pIanning activities as the Master Plan is further developed and refined with additional information and data as they become available. Metro Cities opposes the insertion of the Metropolitan Council as another regulator in the water supply arena. Metro Cities further opposes the elevation of water ' supply to "Regional System" status, or the assumption of Met Council control and management of municipal water supply infrastructure.At this time,we oppose any regional taxes or fees for water supply planning. Metro Cities supports efforts to clarify local, regional and state water supply roles, and on-going anatytical work to streamline and consolidate the myriad and often conflicting water supply permitting processes. Metro Cities supports efforts to identify capital funding sources to assist with municipal water supply projects. 4-O Service Availability Charge (SAC) Metro Cities supports a SAC program that emphasizes equity, simpli�cation and lower rates. The Met Council adopted changes to its SAC program that were implemented in January, 2010. Under the new changes, when a redeveloping property's � new use requires lower wastewater capacity than what was used in the prior seven years, 2012 Legislative Policies 39 Metropolitan Agencies SAC credits are limited to the amount needed on the site for the new use. A property developing at the same or lesser wastewater demand will not incur SAC nor get credits. Metro Cities supported modifications to SAC rules adopted by the Metropolitan Council in 2008 that allow for a voluntary transfer of SAC credits from one metro city to another and from one site to another within a city, for projects that,without the credits,would mean that a business would move its operations out of state, under specific conditions. Metro Cities supported this change with the understanding that these transfers will be limited to economic development projects with statewide significance and as such are likely to occur only in rare circumstances. Because of the economic recession, SAC revenues are in a steep decline. As a result, the Metropolitan Council adopted changes, phased in over three years,to the SAC program capacity methodology in 2009, and sought SAC "shift" legislation in 2010 to allow the Council flexibiiity to temporarily reduce the SAC transfer, and shift the amount to the Municipal Wastewater Charge when financially necessary. While Metro Cities recognizes the Council's need for flexibility to maintain the solvency of the regional wastewater system, we advocated for amendments to assure the new law would not be overly permissive and would allow for a comprehensive analysis of the SAC program. The amendments included a sunset of the legislation, a `shift back' mechanism to the Municipal Wastewater Charge when the SAC fund is solvent, and a precise trigger that , puts the process for any reduction in place. All were included in the final legislation that passed into law. SAC receipts continue to underperform and are not projected to meet necessary levels when the sunset of the SAC shift occurs in 2015. In the summer of 2009, Metro Cities recommended the establishment of a ta.sk force to examine the SAC financing structure and provide recommendations on SAC financing for the long term. The task force, which completed its work in 2010,recommended a "growth pays for growth" approach, as well as changes to the commercial criteria on which SAC is based, with the aim of assuring fairness and equity in the SAC program. ' Metro Cities supports a "growth pays for growth" approach and the task force changes to the commercial criteria on which SAC is based. These recommendations have been adopted by the Metropolitan Council. Metro Cities supports flexibility with regard to the timing of the sunset of the SAC shift,and ongoing efforts by the Metropolitan Council,with input from ` municipalities,to assure the long term sustainability and efficacy of the SAC program and the regional wastewater system. 4-P Funding Regional Parks & Open Space In the seven-county metropolitan area, regional parks essentially serve as state parks, and the state should continue to provide capital funding for the acquisition, development and improvement of these parks. State funding apart from Legacy funds should equal 40 40 2012 Legislative Policies Metropolitan Agencies percent of the operating budget for regional parks. Legacy funds for parks and trails should be balanced between metro and greater Minnesota. 4-Q Livable Communities The Livable Communities Act(LCA) is operated by the Metropolitan Council and provides a voluntary, incentive-based approach to affordable housing development, brown field clean up and mixed-use, transit-friendly development and redevelopment. Metro Cities strongly supports the continuation of this approach, which has been widely accepted and is fully utilized by local communities. Since its inception in 1995, the LCA program has generated billions of dollars of private and public investment, created thousands of jobs and added thousands of affordable housing units in the region. Use of interest ea.rnings from LCA funds should be limited to covering the costs of administering the program. Remaining interest earnings not used for program administration should be considered part of the �,CA funds and used to fund grant , requests from the established LCA accounts, according to established funding criteria. Metro Cities supports statutory changes to assure that all metropolitan area cities are eligible to participate in the Livable Communities Demonstration Account (LCDA). Metro Cities supports increased funding and flexible eligibility requirements in the LCDA in order to assist communities with development that may not be exclusively market driven or market proven in their particular location and in order to support important development and redevelopment goals. Metro Cities opposes changes to the LCDA program that constrain flexibility around program requirements and criteria. Metro Cities opposes funding reductions to the Livable Communities Program and the transfer or use of these funds for other program areas. Metro Cities supports statutory modifications in the LCDA to reflect the linkages among the goals,municipal objectives, and Met Council system objectives. Metro Cities supports the use of LCA funds for projects in transit improvement areas, as defined in statute,when LCA funds are not fully spent under the current allocation process. 2012 Legislative Policies 41 Metropolitan Agencies 4-R Density Any Met Council density policy must take into account the impacts of market trends on city development and redevelopment activities. Metro Cities supports a reasonable Met Council density policy that bases density projections on actual development patterns, is flexible, and accommodates cities at various development stages. 42 2012 Legislative Policies Trans ortation 5 p � ) TRANSPORTATION 5-A Transportation Funding Metro Cities supported the 2008 Transportation Finance bill which provided needed resources for MnDOT, the county road system and the MSA road system. Metro Cities was proud to be part of the effort to secure this base level funding. However, even with the new resources authorized in the 2008 transportation finance bill transportation needs in the metropolitan region continue to be severely underfunded. Cities lack the authority to use additional tools for city street improvements; such resources continue to be restricted to property taxes and special assessments. It is ' imperative that alternative revenue generating authority be granted to municipalities for this purpose to relieve the burden on the property tax system. Metro Cities strongly supports additional statewide transportation funding and local tools to meet the long term transportation system needs of our region. 5-B Regional Transit System The Twin Cities Metropolitan Area needs a multi-modal regional transit system that serves both commuters and the transit dependent. The transit system should be composed of a mix of HOV lanes, Bus Rapid Transit, express and regular route bus service, exclusive transit ways, light rail transit and commuter rail corridors designed to connect residential, employment, retail and entertainment centers. The system should be regularly monitored and adjusted to ensure that routes of service correspond to the region's changing travel patterns. Metro Cities strongly supported the '/4 cent sales tax passed by the 2008 Legislature. This tax is levied in the Metropolitan Area and dedicated to transit. The sales tax represents a commitment to investment in our region's transit ways. Metro Cities opposes using sales tax proceeds to further subsidize funding for Metro Transit and all suburban transit providers that are the responsibility of the Legislature and Metropolitan Council.Metro Cities is also opposed to legislative or Metropolitan Council directives that constrain the ability of inetropolitan transit providers to provide a full range of transit services, including reverse commute routes, suburb- to-suburb routes, transit hub feeder services or new, experimental services that may show a low rate of operating cost recovery from the fare box. 20i2 Legislative Policies 43 Transportation In the interest of including all potential options in the pursuit of a regionally balanced transit system, Metro Cities supports the repeal of the law passed in 2002 which imposed a gag order on the Dan Patch Commuter Ra.il Line. Current congestion levels and forecasted population growth require a stable, reliable and growing source of revenue for transit construction and operations so that our metropolitan region can adequately and strategically meet its transportation needs to remain economically competitive. Metro Cities supports an effective, efficient and comprehensive regional transit system as an invaluable component in meeting the multimodal transportation needs of the metropolitan region and to the region's economic vibrancy and quality of life. 5-C Transit Operating Subsidies The Twin Cities metropolitan area is served by a regional transit system that is expanding to include rail transit and dedicated bus ways. Any operating subsidies necessary to support this system should come from a regional or statewide funding source. The property taxpayers of individual cities and counties should not be required to fund the operation of specific transit lines or routes of service within this regional system. MVST revenue projections have not been reliable and the Legislature has repeatedly reduced general fund support for Metropolitan Transit. As a result the regional transit providers continue to operate at a funding deficit. Metro Cities supports stable and growing revenue sources to fund the operating budget for all regional transit providers. 5-D Street Improvement Districts Street improvement districts allow for cities in developed and developing areas to fund new construction as well as reconstruction and maintenance efforts. The street improvement district is designed to allow cities, through the use of a fair and objective fee structure, to create a district or districts within the city where fees will be raised but must also be spent. Street improvement districts would also aid cities under 5,000, giving them an alternative to the property t� system and special assessments. Metro Cities supports the authority of local units of government to establish street improvement districts. 44 2012 Legislative Policies � Transportation , 5-E Highway Turnbacks & Funding Cities do not have the financial capacity, other than significant property tax increases, to absorb the additional roadway responsibilities without new funding sources. The existing municipal turnback fund is not adequate based on contemplated turnbacks. The 2008 transportation finance bill added approximately $6 million to the Metro Turnback Fund, ii bringing the fund up to $20 million, which falls short of the $100 million needed. Metro Cities supports jurisdictional reassignment or turnback of roads on a phased basis using functional classifications and other appropriate criteria subject to a corresponding mechanism for adequate funding of roadway improvements and continued maintenance. Metro Cities does not support the wholesale turnback of county or state roads ', without the total cost, agreed to by the municipality, being reimbursed to the city in a Nmely manner. 5-F "3C" Transportation Planning Process: Elected Officials' Role The Transportation Advisory Board (TAB)was developed to meet federal requirements, designating the Metropolitan Council as the organization that is responsible for a continuous, comprehensive and cooperative (3C)transportation planning process to allocate federal funds among metropolitan area projects. This process requirement was reinforced by the 1991 Intermodal Surface Transportation E�ciency Act(ISTEA),the 1998 Transportation Efficiency Act for the 21 st Century (TEA21) and the 2005 Safe, Accountable,Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Metro Cities supports continuation of the TAB with a majority of locally elected officials as members and participating in the process. 5-G Photo Enforcement of Traffic Laws Enforcement of traffic laws with cameras has been demonstrated to improve driver compliance and safety. Metro Cities supports the use of photo enforcement technology. 5-H Airport Noise Mitigation The MAC and the state should seek long-term solutions to fund the full mitigation package as adopted in 1996 for all homes in the 64-60 DNL impact area. Noise abatement efforts should be paid for by fees and charges collected from airport users, as 2012 Legislative Policies 45 Transportation well as state and federal funds. Furthermore, unless mitigation funding is provided, Metro Cities opposes any legislation that requires a property owner to disclose those properties that lie within 64-60 DNL noise contours. Acknowledging t'hat the communities closest to MSP and reliever airports aze significantly impacted by noise, traffic, and other numerous expansion-related issues, Metro Cities supports the broad goal of providing MSP-impacted communities greater representation on the MAC. Metro Cities wants to encourage continued communication between the MAC commissioners and the cities they represent. Balancing the needs of MAC, the business community and airport host cities and their residents requires open communication,planning and coordination. Cities must be viewed as partners with the MAC in resolving the differences that arise out of airport projects and the development of adjacent parcels. Regular contact between the MAC and cities throughout the project proposal process will enhance communication and problem solving. Metro Cities supports noise abatement programs and expenditures to minimize the impacts of Metropolitan Airports Commission (MAC) operated facilities on neighboring communities. The MAC should determine the design and geographic reach of these programs only after a thorough public input process that considers the priorities and concerns of impacted cities and their residents. 5-I Cities Under 5,000 Population Cities under 5,000 in population do not directly receive any non-property t�funds for collector and arterial streets. Current CSAH distributions to metropolitan counties are inadequate to provide for the needs of smaller cities in the metropolitan area. Possible funding sources include the five-percent set-aside account in the Highway User Tax Distribution Fund, modification to county municipal accounts,street improvement districts, andlor state general funds. Metro Cities supports establishing criteria, such as the number of average daily trips,to provide funding qualifications and a distribution method, in a small city local road improvement program. 5-J County State Aid Highway (CSAH) Distribution Formula Even with the additional resources provided in 2008 by the Legislature through the transportation finance bill, significant needs remain in the metro area CSAH system. The additional revenue for the CSAH system will result in more projects being completed faster, however, greater pressure is being placed on municipalities to participate in cost sharing activities, encumbering an already over-burdened local funding system. When the alternative is not building or maintaining roads, cities bear not only the costs of their local systems but also pay upward of fifty percent of county road projects. Metro Cities 46 2012 Legislative Policies ! � Transportation supports special or additional funding for cities that have burdens of additional cost participation in county road projects. r CSAH eligiblexoads were designated by county engineers in 1956 and although only 10%of the CSAH roads are in the metro area, they account for nearly 50% of the vehicle miles traveled. The new CSAH formula passed by the Legislature in 2008 increased the amount of CSAH funding for the metropolitan axea only from 18% in 2007 to 21% in 2011. The new formula will better account for needs in the Metropolitan Area, but the : new formula must only serve as is a first step in providing additional resources for the Metropolitan Area. r Metro Cities sapports a new CSAH formula more equitably designed to fund the needs of our metropolitan region. 5-K Municipal Input/Consent for Trunk Highways and County Roads Minnesota statutes direct the Minnesota Department of Transportation(MnDOT)to submit detaiied plans with city cost estimates at a point one and a half to two years prior to bid letting, at which time public hearings are held for citizen/business/municipal input. If MnDOT does not concur with requested changes, it may appeal. Currently, that process ' would take a maximum of three and a half months and the results of the appeals board are binding on both the city and MnDOT. Metro Cities opposes any changes to the current statute that would allow MnDOT to disregard the appeals board ruling for state trunk highways. The result of such a change would significantly minimize MnDOT's need to negotiate in good faith with cities for appropriate project access and alignment, and would render the public hearing and appeals process meaningless. Metro Cities also opposes the elimination of the county road municipal consent and appeal process for these reasons. 5-L Plat Authority Current law grants counties review and comment authoriry for access and drainage issues for city plats abutting county roads. Metro Cities opposes any statutory change that would grant counties veto power or that would shorten the 120-day review and permit process time. 2012 Legislative Policies 47 Transportation 5-M City Speed Limit Control Towazd Zero Deaths is a nationally recognized Minnesota program initiative with a mission to create a culture for which traffic fatalities and serious injuries are no longer accepta.ble through the integrated application of education, engineering, enforcement, and emergency medical and trauma services. On residential roads, where traffic safety also affects pedestrians and nsers of alternative transportation modes, Metro Cities supports a reduction in the state-wide default speed limit from 30 to 25 mph. Metro Cities also supports design standards that result in slower speeds on local roads. In the event of a uniform speed limit reduction,Metro Cities supports increased state fanding for education and enforcement. At cities' or counties' discretion, Metro Cities also supports a year round reduction of speed limits within 500 feet of any city or county parks and schools. 5-N MnDOT Maintenance Budget The state has abrogated its responsibility for maintaining major roads throughout the state by requiring,through omission, that cities bear the burden of maintenance on major sta.te roads. Cities should be compensated equitably for providing a service that traditionally has been borne by the state. MNDOT should also be required to meet standards adopted by cities through local ordinances or reimburse cities for labor, equipment and material used on the state's behalf to improve public safety or meet local standards. Metro Cities' supports MnDOT taking full responsibility for maintaining state owned infrastructure within city limits. 5-O Transit Taxing District The transit taxing district, which funds the capital cost of transit service in the Metropolitan Area through the property tax system, is inequitable. Because the boundaries of the transit taxing district do not correspond with any rational service line, cities in the taxing district or out of the taxing district are contributing unequally to the transit service in the Metropolitan Area. This inequity should be corrected. Metro Cities supports a stable revenue source to fund both the capital and operating costs for transit at the Metropolitan Council. However,Metro Cities does not support the expansion of the transit taxing district without a corresponding increase in service. To do so would create additional property taxes without a corresponding benefit. 48 2012 Legislative Policies E � Transportation 5-P Complete Streets A complete street may include: sidewalks, bike lanes (or wide paved shoulders), special bus lanes, comfortable and accessible public transportation stops, frequent and safe crossing opportunities, median islands, accessibie pedestrian signals, curb extensions, narrower travel lanes and more. A complete street in a rural azea will look quite different from a complete street in a highly urban area, but both are designed to balance safety and convenience for everyone using the road. ' Metro Cities supports options in state design guidelines for streets that would give cities greater flexibility to: • safely accommodate all modes of travel � • address storm water needs • ensure livability inthe appropriate contezt for each city. However,Metro Cities opposes state imposed mandates that would increase street infrastructure improvement costs in locations and instances where providing access for alternative modes including cycling and walking are deemed unnecessary or inappropriate as determined by local jurisdictions. 2012 Legis�ative Policies 49 Transportation 50 2012 Legisiative Policies Committee Rosters (6� Housing & Economic Development ' Robert Schreier (Chair), Dir. of Community Dev., Brooklyn Park Gene Abbott, Councilmember, Savage Karl Batalden, Housing Specialist/Assoc. Planner, Woodbury Cecile Bedor, Pla.nning&Econ. Dev., St. Paul Bryan Belisle, Councilmember, White Bear Lake Joni Bennett, Councilmember, Edina Mitch Berg, Administrator, Bayport Ultan Duggan, Councilmember,Mendota Heights Amber Greves, Councilmember, Minnetonka Shannon Guernsey, Executive Director, MN NAHRO Bryan Hartman, Program Manager, Bloomington Brian Heck,Adminisrator-Clerk, Shorewood Lee Helgen, Councilmember, St. Paul Jon Hohenstein, Community Dev. Dir. Eagan Schawn Johnson,Asst. to the City Manager,New Brighton Dean Johnston, Mayor, Lake Elmo Anne Kane, Community Devel. Dir., White Bear Lake Michael Leek, Community Dev. Dir. Shakopee Patty Lilledahl, Dir, of Business Devel. & Finance, St. Paul Lorrie Louder, Dir. of Business & IGR Affairs, St. Paul Port Authority Anne Mavity, Councilmember, St. Louis Park Mary McComber, Councilmember, Oak Park Heights Justin Miller, Administrator, Falcon Heights Brad Nielsen, Planning Director, Shorewood Bruce Nordquist, Comm. Dev. Dir., Apple Valley Anne Norris, City Manager, Crystal Samantha Orduno, Administrator, Dayton Terence Quigley, Councilmember, Shoreview Melissa Reed, Gov't Relations Rep., Minneapolis Michael Sable, Asst. to the City Manager, Brooklyn Park Mark Sather, City Manager, White Bear Lake Mary Sherry, Councilmember, Burnsville Bob Streetar, Community Development Dir., Oakdale Wendy Underwood, Gov't Relations Rep., St. Paul � Tony Wagner, Councilmember, Minnetonka Craig Waldron, Administrator, Oakdale Brad Wiersum, Councilmember, Minnetonka Pierre Willette, Gov't Relations Rep., Minneapolis Julie Wischnack, Community Dev. Dir.,Minnetonka 2012 Legislative Policies 5� Roster Metropolitan Agencies Ady Wickstrom (Chair), Councilmember, Shoreview Susan Arntz, Administrator, Waconia David Beaudet, Mayor, Oak Park Heights Bob Bruton, Councilmember,North St. Paul Ultan Duggan, Councilmember, Mendota Heights Jo Emerson, Mayor, White Bear Lake Sarah Erickson, Gov't Relations Rep., St. Paul Cheryl Fischer, Mayor, Minnetrista Elizabeth Glidden, Councilmember, Minneapolis Tom Goodwin, Councilmember, Apple Valley Brian Heck, Admr.-Clerk, Shorewood Schawn Johnson, Asst. to the City Manager,New Brighton Dean Johnston, Mayor, Lake Elmo Dan Kealey, Councilmember, Burnsville Matt Kline, Water Operator, Lakeland Thomas Link, Comm. Dev. Dir., Inver Grove Heights Lorrie Louder, Dir. Of Business & IGR Affairs, St. Paul Port Authority Tim McNeil, Councilmember, Dayton Mark Nagel, Asst. City Admr., Elko New Market Sarah Reinhardt,Mayor, Spring Park Judd Schetnan, Gov't Affairs, Metropolitan Council Terry Schneider, Mayor,Minnetonka • Anne Smith, Councilmember, Lake Elmo Pierre Willette, Govt. Relations Rep.;Minneapolis Municipai Revenue & Taxation Tom Lawell (Chair), Administrator, Apple Valley Clark Arneson, City Manager, Blaine Tom Burt, City Manager, Golden Valley Heather Butkowski, Administrator, Lauderdale Sandy Christensen, Finance Director, West St. Paul Bruce DeJong, Finance Director, Shorewood Jim Dickinson, Administrator, Andover Ultan Duggan, Councilmember, Mendota Heights Lori Economy-Scholler, Chief Financial Officer, Bloomington Jerilyn Erickson, Finance Director, Prior Lake Sarah Erickson, Gov't Relations Rep., St. Paul Jerry Faust, Mayor, St. Anthony Village Marcia Glick, City Manager, Robbinsdale Susan iverson, Finance DirJTreas., Arden Hills 52 2012 Legislative Policies i � Roster Marvin Johnson,Mayor, Independence Jim Keinath,Administrator, Circle Pines Merrill King, Finance Director, Minnetonka Julie Linnihan, Finance Dir., Dayton Dean Lotter, City Manager,New Brighton Kristi Luger, City Manager, Excelsior Samantha Orduno,Administrator, Dayton Lori Peterson, HR Manager, Eagan Calvin Portner, Admin. Services Director, Plymouth Don Rambow, Finance Dir., White Bear Lake Gene Ranieri, IGR Director, Minneapolis Melissa Reed, Gov't Relations Rep., Minneapolis Ryan Schroeder,Administrator, Cottage Grove Danna Elling Schultz, Councilmember, Hastings Josh Sprague, Councilmember, Edina Erin Stwora,Asst. to City Admr., Dayton Dick Woodruff, Councilmember, Shorewood Wally Wysopal, City Manager,North St. Paul Transportation & General Government Mary McComber(Chair), Councilmembar, Oak Park Heights Dick Allendorf, Councilmember, Minnetonka Doug Anderson,Mayor, Dayton Susan Arntz,Administrator, Waconia Frank Boyles, City Manager, Prior Lake Larry Brown, Director of Public Works Shorewood Bob Bruton, Councilmember,North St. Paul Paul Burke, Councilmember, Sunfish Lake Ultan Duggan, Councilmember, Mendota Heights Steve Elkins, Councilmember, Bloomington Sarah Erickson, Gov't. Rel. Rep., St. Paul Warren Erickson, Councilmember, Prior Lake Mike Funk, Administrator, Minnetrista Steven Gallagher, Councilmember,Newport Dan Gustafson, Councilmember, Burnsville Mary Hamann-Roland, Mayor, Apple Valley Gary Hansen, Councilmember, Eagan Tom Harmening, City Manager, St. Louis Park James Hovland, Mayor, Edina Dan Kealey, Councilmember, Burnsville R. Michael Leek, Comm. Develop. Dir, Shakopee Robert Lilligren, Councilmember, Minneapolis 2012 Legislative Policies 53 # Roster � Linda Loomis, Mayor, Golden Valley ; Dean Lotter, City Manager,New Brighton Allen Lovej oy, Publix Works, St. Paul � Scott Lund, Mayor, Fridley Mark McNeill, Adminislrator, Shakopee Mike Mornson, City Manager, St. Anthony Village � Will Rossbach, Councilmember, Maplewood 4 Dan Ryan, Councilmember, Brooklyn Center Sue Sanger, Councilmember, St. Louis Park � � � � x Danna Elling Schultz, Councilmember, Hastings � Russ Stark, Councilmember, St. Paul Dick Swanson, Councilmember, Blaine � Bethany Tjornhom, Councilmember, Chanhassen � Jon Wertjes, Director of Transportation Services, Minneapolis Ady Wickstrom, Councilmember, Shoreview � Pierre Willette, Gov't Relations Rep., Minneapolis � ¢ � � i � i � � � � x � � g � � ; } i 4 54 2012 Legislative Policies � Y �i � � �� City Administration/Council � ��', �, � 763-593-8003 I 763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting January 10, 2012 Agenda Item 5. Council Assignments Prepared By Thomas Burt, City Manager Summary Mayor Harris requested this item be placed on the agenda. Listed below are the assignments from 2011 along with a list of the meetings eligible for reimbursement. I have attached State Statutes pertaining to appointment to the Bassett Creek Watershed Commission. Council Liaisons Board of Zoning Appeals Shaffer, Loomis Civil Service Commission Freiberg Environmental Commission Pentel, Loomis Human Rights Commission Scanlon, Freiberg Human Services Foundation Scanlon, Pentel Open Space and Recreation Commission Scanlon, Shaffer Planning Commission Pentel, Shaffer Other Assignments Bottineau Transitway Policy Advisory Committee Pentel Golden Valley Historical Society Board Member Freiberg Hopkins School District 270 Cities Joint Monthly Meetings Loomis Joint Water Planning and Governance Task Force Loomis Legislative Liaison and Spokesperson Loomis Metro Cities Shaffer, Delegate Loomis, Alternate Northwest Hennepin Human Services Council Executive Board Pentel Northwest Suburbs Cable Communications Commission Freiberg Robbinsdale School District 281 Government Advisory Committee Scanlon Additional Meetings for Council Reimbursement Association of Metropolitan Municipalities (AMM) - Annual Meeting, Legislative Adoption Meeting, Regional Briefings, and Committees League of Minnesota Cities (LMC) - Committee Meetings, Legislative Conference and Annual Conference National League of Cities (NLC) - Congressional City Conference in the spring, Congress of Cities in fall and Board Meetings TwinWest Chamber of Commerce - Mayor/Manager Meetings Northwest Hennepin Human Services Council District 281 Government Advisory Committee District 270 Cities Joint Monthly Meetings Senior Community Services Board Minnehaha Creek Watershed District Bassett Creek Watershed Management Commission Northwest Suburbs Cable Commission Envision Steering and/or Subcommittees I-394 Express Lanes Community Task Force Golden Valley Historical Society Joint Water Planning and Governance Task Force Northwest Metro Transit Study Task Force I-394 Joint Task Force Envision Connection Project Executive Board Attachments 103B.227 Watershed Management Organization (1 page) Minnesota Statutes 2005, 103B.227 Page 1 of 1 Minnesota Statutes 2005, Table of Chapters Table of contents for Chapter 103B 103B.227 Watershed management organizations. Subdivision l. Appointment of inembers. Watershed management organizations shall notify the Board of Water and Soil Resources of inember appointments and vacancies in member positions within 30 days. Appointing authorities shall fill vacant positions by 90 days after the vacancy occurs. Subd. 2. Notice of board vacancies. Appointing authorities for watershed management organization board members shall publish a notice of vacancies resulting from expiration of members' terms and other reasons. The notices must be published at least once in a newspaper of general circulation in the watershed management organization area. The notices must state that persons interested in being appointed to serve on the watershed management organization board may submit their names to the appointing authority for consideration. After December 31, 1999, staff of local units of government that are members of the watershed management organization are not eligible to be appointed to the board. Published notice of the vacancy must be given at least 15 days before an appointment or reappointment is made. Subd. 3. Removal. Appointing authorities may remove members of watershed management organization boards for just cause. The Board of Water and Soil Resources shall adopt rules prescribing standards and procedures for removing members of watershed management organization boards for just cause. Subd. 4. Newsletter. A watershed management organization shall publish and distribute at least one newsletter or other appropriate written communication each year to residents. The newsletter or other communication must explain the organization's water management programs and list the officers and telephone numbers. Subd. 5. Requests for proposals for services. A watershed management organization shall at least every two years solicit interest proposals for legal, professional, or technical consultant services before retaining the services of an attorney or consultant or extending an annual services agreement. Subd. 6. Repealed, 1995 c 184 s 32 Subd. 7. Drainage systems. Watershed management organizations may accept transfer of drainage systems under sections 103B.205 to 103B.255. HIST: 1990 c 601 s 9; 1999 c 231 s 126 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. https://www.revisor.mn.gov/st2005/103B/227.htm1 1/6/2012 ��.�, �� ' �� ` � �� 0 �� .: City Administration/Council �; ;. �, e 763-593-8003/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting January 10, 2012 Agenda Item 6. Council Communications Prepared By Thomas Burt, City Manager Summary Mayor Harris requested this item be placed on the agenda. . ��,._ �' ( � �� City Administration/Council � �� 763-593-8003/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting January 10, 2012 Agenda Item 7. Conflict of Interest Prepared By Thomas Burt, City Manager Summary Council Member Scanlon requested this item be placed on the agenda.