HomeMy WebLinkAbout2008 10-27 CCP Regular Session Public CopY
AGENDA
CITY COUNCIL STUDY SESSION
October 27, 2008
6:00 P.M.
City Council Chambers
A copy of the fuli City packet is available to �he public. The°packet ring binder is-
located at the front of the Council Chambers by the Secretary.
1. City Council Discussion of Agenda Items and Questions
2. Resolution Requesting Reconsideration of 2030 Transportation Policy Plan
3. Miscellaneous
4. Discussion of Work Session Agenda Items as Time Permits
5. Adj ourn
NORTH METRO MAYORS ASSOCIATION
RESOLUTION REQUESTING METRO COUNCIL AND MN/DOT TO
MODIFY DRAFT 2030 TRANSPORTATION �OLICIf PLAN ELEMENTS TO
ENABLE THE EARLY COMPLETION OF TH 610
WHEREAS: The Metropolitan Council and the Minnesota Department of
Transportation have prepared a Draft 2030 Transportation Policy Plan for
review and comment by the public and affected parties which describes the
policies that wil! govern the use of available transportation funds for the
duration of the 2030 Plan, and,
WHEREAS: The funding avaitab{e is anticipated to be significantly less than is needed
for the preservation, operation, expansion and completion of the Metropotitan
area transportation system, and,
WHEREAS: The Metropolitan Council has proposed that expansion of the MetrQ area
roadway system be its lowest priority and that previously planned expansion
projects be put "on holdn while altemative design plans can be developed via
"System Optimization Studies", and,
WHEREAS: The key elements of the System Optimization Study proposed in the 2030
Plan for "re-scoping" include Regional Equity as a criteria, and,
WHEREAS: Completion of TH fi10 has been categorized as an expansion project
subject to further delays and revised design considerations and is not
acknowledged as the fast remaining majar segment of the Metro system to
be completed, and,
WHEREAS: The uncompleted portion of TH 610 in Brooktyn Park and Maple Grove is
the only major link in the metropolitan area Principal Arterial system that
currently has zero lane miles, thus causing significant disruption for the
citizens of the north metro area, life threatening sa#ety issues, higher
business operating costs and delayed economic investment from companies
such as Target Corporation, and,
WHEREAS: The cost of completion of TH 610 has increased to $224 Million from $150
Million due #o a 77.6% increase in the cost of construction materials over the
past five years and this trend is expected to continue, thus putting a premium
on early completion,
i
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION REQUESTING RECONSIDERATION OF 2030
TRANSPORTATION POLICY PLAN
WHEREAS, the Metropolitan Council and the Minnesota. Department of
Transporta.tion have prepared a Draft 2030 Transportation Policy Plan for review and comment by
the public and affected parties which describes the policies that will govern the use of available
transporta.tion funds for the duration of the 2030 Plan; and
WHEREAS, the funding available is anticipated to be significantly less than is
needed for the preservation, operation, and expansion of the Metropolitan area transportation system;
and
WHEREAS, the Metropolitan Council has proposed that expansion of the Metro
area roadway system be its lowest priority and that previously planned expansion projects be put on
"hold" while alternative design plans can be developed via "System Optimization Studies"; and
WHEREAS, the key elements of the System Optimization Study proposed in the
2030 Plan for "re-scoping" include Regional Equity as a criteria; and
WHEREAS, completion of TH 610 has been categorized as an expansion project
subject to further delays and revised design considerations and is not acknowledged as the last
remaining major segment of the Metro system to be completed; and
WHEREAS, TH 610 in Maple Grove is the only metropolitan major link in the
Principal Arterial System that currently has zero lane miles, thus causing signification disruption for
the citizens of the north metro area, life threatening safety issues, high business operating costs, and
delayed economic investment; artd
WHEREAS, the cost of completion of TH 610 has increased to $224 Million from
$150 Million due to a substantial increase in the cost of construction materials over the past five
years and this trend is expected to continue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the Metropolitan Council and Mn/DOT are requested to reconsider the policy
language in the Draft 2030 Transportation Policy Plan that includes completion of TH 610 as an
expansion project subject to further delay and re-scoping and to establish a high priority project
category for completion of the Metro System and TH 610 as a precursor to any other expansion
project; and
i
RESOLUTION NO.
BE IT FURTHER RESOLVED, that the Commissioner of Transportation is
requested to assist the Metropolitan Council in creating a plan for the funding and construction of
Ylie remaining TH 610 pl�ns with =construction beginning in 201 l e�n the easterly segment and
beginning in 2013 of the westerly segment; and
BE IT FURTHER RESOLVED, that Legislation leaders and our area Legislators are
urged to enact enabling legislation in 2009 that will accelerate the completion of TH 610.
Date Mayar
ATTEST:
City
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
�'ity of Brook�yn Center
A Millennium Community
MEMORANDUM COUNCIL STUDY SESSION
DATE: October 23, 2008
TO: Brooklyn Center City Council
FROM: Curt Boganey, City Mana����
SUBJECT: Resolution regarding TH610 Funding
BACKGROUND
Wednesday the Board of Directors adopted the enclosed resolution requesting that the
Metropolitan Council and Mn/DOT reconsider the policy language in the Draft 2030 TP
Plan that includes the TH610 as an expansion project which will serve to extend the
completion date of this important NW suburbs project.
Each Member City has been asked to adopt a separate resolution in support of this action.
To expedite Council consideration a proposed resolution has been placed on the Study
Session Agenda. If the Council is in agreement and desires expedited action on the item
the Council may add this resolution to the Council Action Agenda.
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
CITY COUNCIL MEETING
City of Brooklyn Center
October 27, 2008 AGENDA
L Informal Open Forum With City Council 6:45 p.m.
—provides an opportunity for the public to address the Council on items which are not on
the agenda. Open Forum wili be limited to 15 minutes, it is not televised, and it may not
be used to make personal attacks, to air personality grievances, to make political
endorsements, or for political campaign purposes. Council Members will not enter into a
dialogue with citizens. Questions from the Council will be for clarification only. Open
Forum will not be used as a time for problem solving or reacting to the comments made
but, rather, for hearing the citizen for informational purposes only.
2. Invocation 7 p.m.
3. Call to Order Regular Business Meeting
—The City Council requests that attendees turn off cell phones and pagers during the
meeting: A copy of the full City Council packet is available to the public. The packet
ring binder is located at the front of the Council Chambers by the Secretary.
4. Roll Call
i 5. Pledge of Allegiance
6. Council Report
7. Approval of Agenda and Consent Agenda
—The following items axe considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a
Councilmember so requests, in which event the item will be removed from the consent
agenda and considered at the end of Council Consideration Items.
a. Approval of Minutes
1. October 13, 2008 Study Session
2. October 13, 2008 Regular Session
3. October 13, 2008 Work Session
b. Licenses
c. Resolution Requesting Additional Time Within Which to Complete
Comprehensive Plan "Decennial" Review Obligations
8. PresentationslProclamations/Recognitions/Donations
a. Proclamation Declaring October 27, 2008, to be Designated as Random Acts of
Kindness Day
Requested Council Action:
—Motion to adopt proclamation.
CITY COUNCIL AGENDA -2- October 27, 2008
b. Random Acts of Kindness Presentation of Recognition and Certificate Ceremony
Requested Council Action:
—City Council Members read nominations received.
—Mayor presents certificates to those nominees present.
c. Resolution Expressing Recognition and Appreciation of Joshua Xiong for His
Dedicated Public Service on the Northwest Hennepin Human Services Council
Advisory Commission
Requested Council Action:
—Motion to adopt resolution.
9. Public Hearings
None
10. Planning Commission Items
None
11. Council Consideration Items
a. Resolution Accepting Work Performed and Authorizing Final Payment,
Improvement Projeet Nos. 2007-05, 06, 07 08, Contract 2007-B, Riverwood
i Area Neighborhood Street, Storm Drainage and Utility Improvements
Requested Council Action:
—Motion to adopt resolution.
b. Resolution Approving an Addendum to Contract, Improvement Project No. 2008-
15, Fiber Optic East and West Fire Stations
Requested Council Action:
—Motion to adopt resolution.
c. An Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding
the Sa1e of Motor Vehicles
Requested Council Action:
—Motion to approve first reading and set second reading and Public
Hearing for November 24, 2008.
d. An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding
the Sale of Motor Vehicles
Requested Council Action:
—Motion to approve first reading and set second reading and Public
Hearing for November 24, 2008.
CITY COUNCIL AGENDA -3- October 27, 2008
12. Adjournment
Agenda Items Tabled
An Ordinance Relating to Administrative Fines; Adding a New Section 12.13 to the
Brooklyn Center City Charter
—This item was first read on February 25, 2008; published in the official newspaper
on March 6, 2008; and tabled at the March 24, 2008, meeting.
City Council Agenda Item No. 7a
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY
OF HENNEPIN AND THE STATE QF MINNESOTA
STUDY SESSION
OCTOBER 13, 2048
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson
at 6:00 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O' Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Community Development Director Gary
Eitel, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, and Carol Hamer, TimeSaver Off Site
Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
The agenda was amended to move the Shingle Creek Daylighting Study to precede the City
Council discussion of agenda items and questions.
SHINGLE CREEK DAYLIGHTING STUDY
Mr. Boganey introduced the item and provided background information. He stated staff has been
meeting with County staff and consultants regarding the framework plan for the daylighting of
Shingle Creek. The purpose for this meeting is to present Council with the final product of those
discussions. No action is required by the Council at this time. The Council may elect to place this
item on a future work session to determine how they would like to proceed.
Ms. Jan Duffie, Hennepin County, introduced County staff and consultants involved in the
Shingle Creek Daylighting Study.
Mr. Dan Cornejo, Cornejo Consulting, provided a brief presentation on the Daylighting Creeks
in Hennepin County Report: Recommended Locations for Feasibility Study. The study was
performed far the Hennepin County Department of Housing, Community Works, and Transit
that examines the feasibility of daylighting Bassett Creek, Bridal Veil Creek, and Shingle Creek.
Mr. Barry Warner, SRF Consulting Group, Inc., provided a brief presentation on the Daylighting
Shingle Creek Framework Plan. He reported that the Framework Plan provides the opportunity
to 1) spur economic development; 2) enhance natural systems; and 3) improve the livability and
quality of life for county residents. He reviewed the following four objectives of the Framework
Plan: 1) Revitalize the area's identity; 2) Create an amenity that builds on recreational and retail
10/13/08 -1- DRAFT
assets; and 3) Serve as a catalyst for economic development; 4) Restore a healthy habitat for
aquatic life. Mr. Warner provided an overview of Reach lA, Reach 2A, Reach 2A, and Reach
2B included in the Framework Plan, including the vision for each Reach.
There was discussion on the efFect of the Framework Plan on the Opportunity Site. Mr. Warner
noted that one of the objectives of the City with the Opportunity Site is likely to m�imize the
e to be an o ortunit to collect and
densi With cuxrent ermittin re uirements there ne ds
t3' P g�1 PP Y
treat storm water• fre uentl creeks such as this serve as that o ortunit Im lementation of the
q Y PP Y P
Framework Plan could possibly decrease the density, but it also creates a community amenity
and resource, not only for the community but for the developer that may be doing work in the
area, especially of a mixed use project.
There was discussion on the following in relation to the Framework Plan:
Increasing oxygen in the water to allow for the support of fish population
Drudging to remove sediment
Budgeted County funds for the project
Removal of nature's impediments such as beaver dams
Ms. Duffie stated the Ci has been provided with materials on the Framework Plan to distribute
tY
I to interested parties.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember O'Connor requested the following correction to the EDA minutes of July 14,
2008:
I
Pa�e 2, Item 4a:
Councilmember O'Connor voted asainst the same. Motion passed
It was the majority consensus of the City Council to further discuss the requested correction to
the July 14, 2008, EDA minutes during the EDA meeting.
I C un ilmem er Ye d isc n a enda item 11 d s ecificall in relation to the
o c b l i c h r e u e s t e d u s s i o n o p y
q g
ENR Construction Cost Index and the accuracy of the estimate on assessment cost increases. Mr.
Boganey explained that the ENR Construction Cost index has experienced an annual increase of
4.1 averaged over the past four years. The data clearly reflects that going forward, unless the
price of oil drops and other costs associated with the projects drop, there will likely be laxger
annual increases in the future.
10/13/08 -2- DRAFT
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
FIRE DEPARTMENT CHAPTER FIVE CODE AMENDMENTS
a. RESIDENTIAL SPRINKLERS REGULATION
Fire Chief Gatlin provided an overview of the proposed code amendments to Chapter Five of the
City Code and the purpose for the proposed amendments. The most significant proposed changes
are:
Administration of Fire Department Personnel
Adoption of International Fire Code
Outdoor Recreational.Fires
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session
at 6:45 p.m.
Motion passed unanimously.
RECONVENE STUDY SESSION
Councilmember Lasman moved and Councilmember O'Connor seconded to reconvene the Study
Session at 6:48 p.m.
Motion passed unanimously.
The discussion continued on the proposed Chapter Five Code Amendments.
There was discussion on Section 5-200 Adoption of the International Fire Code. Mr. Gatlin
explained any reference in the current ordinance that refers to the Uniform Fire Code has been
replaced with the International Fire Code. The International Code Committee has passed a code
requiring all new single family homes be outfitted with sprinkler systems. This code is currently
going before the State Building OfficiaL
ADJOURNMENT
Councilmember Lasman moved and Councilmember O'Connor seconded to close the Study
Session at 7:00 p.m.
Motion passed unanimously.
10/13/08 -3- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
OCTOBER 13, 2008
CITY HALL COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O' Connor, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Acting Public Works Director/City
Engineer David Peterson, Community Development Director Gary Eitel, Police Chief Scott
Bechthold, Fire Chief Lee Gatlin, Assistant to the City Manager Vickie Schleuning, and Carol
Hamer, TimeSaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
Ms. Diane Sannes 7006 Willow Lane North a eared before the Council and re uested to be
PP q
provided with information regarding the process to coordinate a Sesquicentennial Event with the
State of Minnesota.
Councilmember Lasman moved and Councilmember O'Connor seconded to close the Informal
Open Forum at 6:48 p.m.
Motion passed unanimously.
2. INVOCATION
Dave Johnson, Parish Administrator, St. Alphonsus Catholic Church provided the Invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:00 pm.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Mary O' Connor, Dan Ryan, and Maric
Yelich. Also present were City Manager Curt Boganey, Acting Public Works Director/City
10/13/08 -1- DRAFT
Engineer David Peterson, Community Development Director Gary Eitel, Police Chief Scott
Bechthold, Fire Chief Lee Gatlin, Assistant to the City Manager Vickie Schleuning, and Carol
Hamer, TimeSaver Off Site Secretarial, Inc.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. COUNCIL REPORT
Councilmember Ryan reported attending the following events:
October 4, 2008: 48`" Anniversary Celebration of Nigeria's Independence Day sponsored
by Minnesota Institute for Nigerian Development.
October 8, 2008: First of two Comprehensive Plan Citizen Input meetings. The second
meeting will be held October 15, 2008, at 6:30 p.m. in Constitution Hall. Citizens are
encouraged to attend.
Councilmember Lasman reported her attendance at the following events:
October 11, 2008: Fire Department Open House.
October 12, 2008: Riverwood Neighborhood Pumpkin Fest.
Councilmember Yelich reported attending the Comprehensive Plan Citizen Input meeting on
October 8, 2008.
Councilmember O'Connor re orted attendin the October 8, 2008 Com rehensive Plan Citizen
P g P
Input meeting.
Mayor Willson reported attending the following events:
October 1, 2008: Domestic Violence Candlelight Vigil at Central Park.
October 7, 2008: Brooklyn Center/Brooklyn Park Mayor's Roundtable was held. He did
not attend as he had recorded the incorrect time for the meeting. City Manager Boganey
was present.
October 8, 2008: Visit Minneapolis North Convention Bureau meeting.
October 8, 2008: Comprehensive Plan Citizen Input meeting for the east side of the City.
The next meeting will be held on October 15�' at 6:30 p.m. for the west side of the City.
October 8, 2008: Riverwood Neighborhood meeting.
October 1 l, 2008: Fire Department Open House.
October 12, 2008: Riverwood Neighborhood Second Annual Fal1 Pumpkin Fest.
Thank you to Councilmember Ryan for attending the Nigerian Independence Day event,
as he had a scheduling conflict.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember O' Connor requested the removal of agenda item 7d and 7e from the Consent
Agenda.
i
10/13/08 -2- DRAFT
Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and
Consent Agenda, with the removal of Item Nos. 7d and 7e from the Consent Agenda to Council
Consideration Item Nos. llj and llk, respectively, and the following consent items were
approved:
7a. APPROVAL OF MINUTES
1. September 22, 2008 Study Session
2. September 22, 2008 Regular Session
3. September 22, 2008 Work Session
7b. LICENSES
MECHANICAL
Efficient Air Control Htg A/C 15055 Hastings Street NE, Ham Lake
Flare Heating Air 9303 Plymouth Avenue, Golden Valley
Heating Cooling Two Inc. 18550 County Road 81, Maple Grove
Jay Hawk Mechanical 1245 Choke Cherry Road, Lino Lakes
Priority Air Mechanical 101 Isanti Parkway, Isanti
Summit Heating and Air 1711 County Road H2, St. Paul
RENTAL
INITIAL
4901 61 St Ave N Antonio Smith
5603 Bryant Ave N Michael Skrogstad
6006 Bryant Ave N Faheem Rizvi
3901 Burquest Ln Edwin Ngang
5630 Irving Ave N Mary Gilleshammer
5540 Knox Ave N Roberto Rodriguez
5730 Northport Dr Trinh Nguyen
7193 Unity Ave N Mary Turcotte
RENEWAL
Twin Lake North Apts TLN LA NEL
4500 58`�' Ave N
Emerson Chalet Tom Morrow
1200 67�' Ave N
4013 61 St Ave N Toua V ang
1316 68�` Ln N Valeria Blount McKissack
7055 Perry Ave N Nguyen Investment Group
5400 Sailor Ln Duane Christiansen
6724 Toledo Ave N Steven Cheryl Schleif
7c. RESOLUTION NO. 2008-106 APPOINTING ADDITIONAL ELECTION
JUDGES
10/13/08 -3- DRAFT
7d. RESOLUTION NO. 2008-107 DECLARING A PUBLIC NUSIANCE AND
ORDERING THE REMOVAL OF DEAD TREES WHICH CREATE A
PUBLIC SAFETY HAZARD
This item was moved to Council Consideration Item No. 1 lj.
7e. RESOLULUTION NO. 2008-108 DECLARING A PUBLIC NUSIANCE
AND ORDERING THE REMOVAL OF DISEASED TREES
This item was moved to Council Consideration Item No. l lk.
Motion passed unanimously.
8. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
None.
9. PUBLIC HEARING
9a. FRANCHISE FEE INCREASE
Mr. Boganey stated Council is being requested to reschedule the Public Heaxing for the franchise
fee increase to November 24, 2008, because the publication for tonight's Public Hearing did not
occur.
Councilmember Yelich moved and Councilmember Las
man seconded to schedule Franchise Fee
Increase Public Heaxing for November 24, 2008.
Councilmember O'Connor voted against the same. Motion passed.
10. PLANNING COMMISSION ITEMS
None.
11. COUNCIL CONSIDERATION ITEMS
lla. RESOLUTION NO. 2008-109 AUTHORIZING THE EXECUTION OF
AGREEMENT FOR THE SAFE AND SOBER COMMUNITIES GRANT
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposecl
resolution.
There was discussion that this grant involves officers patrolling for drunk drivers within the City
limits, including City streets and freeways.
Mr. Bechthold answered questions of the Council. He explained that this is a collaborative grant
of $60,000 split amongst five cities in the County. Brooklyn Center's allotment is nearly $15,000
and will involve 300 hours of enforcement spread over five grant periods. There will be some
10/13/08 -4- DR.AFT
collaboration with the State Patrol, but it will be separate from the City's grant. He reviewed the
procedures followed to determine individuals that are driving drunk.
Councilmember Yelich moved and Councilmember Lasman seconded to adopt RESOLUTION
NO. 2008-109 Authorizing the Execution of Agreement for the Safe and Sober Communities
Grant.
Councilmember O'Connor stated her opposition to layers of government getting together, such
as with the State providing grants to counties and cities.
Councilmember O'Connor voted against the saxne. Motion passed.
llb. RESOLUTION NO. 2008-110 APPROVING CHANGE ORDER NO. 2,
IMPROVEMENT PROJECT NOS. 2008-05, 06, 07, AND 08, CONTRACT 2008-B,
XERXES AVE/NORTHWAY DRIVE STREET AND UTILITY
IMPROVEMENTS
Mr. Boganey� introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Yelich seconded to approve
RESOLUTION NO. 2008-110 Approving Change Order No. 2, Improvement Project Nos. 2008-
O5, 06, 07, and 08, Contract 2008-B, Xerxes Ave/ Northway Drive Street and Utility
Improvements.
Councilmember O'Connor voted against the same. Motion passed.
llc. RESOLUTION NO. 2008-111 APPROVING VERIZON WIRELESS CELLULAR
SITE STANDBY GENERATOR INSTALLATION AND SITE LEASE
AMENDMENT
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Mr. Peterson answered questions of the Council. There was discussion on decibel level
standards. It was noted that all expenses from the generator installation will be borne by Verizon
Wireless.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-111 Approving Verizon Wireless Cellular Site Standby Generator Installation arid Site
Lease Amendment.
Motion passed unanimously.
10/13/08 -5- DRAFT
lld. RESOLUTION NO. 2008-112 ESTABLISHING 2Q09 STREET AND STORM
DRAINAGE SPECIAL ASSESSMENT RATES
I Mr. Boganey introduced the item, discussed the history, stated the purpose of the proposed
resolution, and answered questions of the CounciL
Mr. Boganey explained that the cost of utility improvements included in a reconstruction project
are born by the utility fund and are not assessed against the property owner. The cost of utilities
may go up, but the property owner does not bear those costs. It was noted that bids have been
coming in lower than expected with some projects, and that hopefully this trend will continue.
Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2008-112 Establishin 20 treet and rm Draina e S ecial Assessment Rates.
g 0 9 S S t o g p
Councilmember O'Connor stated her position that it would be better to reduce the amount of
work that is done on the streets, such as eliminating the installation of curbs, in order to keep
from increasing costs.
Councilmember O'Connor voted against the same. Motion passed.
lle. RESOLUTION NO. 2008-113 ACCEPTING BID, AND AWARDING A
CONTRACT, IMPROVEMENT PROJECT NO. 2008-16, CONTRACT 2008-J,
AUTOMATIC METER READING
Mr. Peterson introduced the item, discussed the histo and stated the purpose of the proposed
rY
resolution. He advised sta.ff recommends awarding Bid Alternate No. 1 which represents all
meters in the City being replaced with battery and radio transmitter mounted on the meter inside
the building.
A representative of TKD provided information on the differences between the base bid and
Alternate No. 1.
It was noted that with the meter replacement, residents will no longer need to read their meters
and the City will have a more accurate picture of usage.
Councilmember Lasman moved and Councilmember Yelich seconded to approve
RESOLUTION NO. 2008-113 Establishing Project, Accepting Bid, and l�warding a Contract,
Improvement Project No. 2008-16, Contract 2008-J, Automatic Meter Reading.
It was suggested that residents be charged a meter fee, rather than a deposit that is paid back
when the resident moves. Mr. Peterson ex lained the main reason for the current de osit
p P
procedure is to ensure that the meter is still intact when the resident moves. The deposit is not
returned if the meter were to freeze or break due to neglect or the heat being shut off.
Mr. Boganey indicated that bonds will be sold in order to fund the cost of this improvement; the
bonds will be built into the utility fees for future years. He pointed out that the State is
10/13/08 -6- DRAFT
encouraging all cities to move towards utility rates that are structured to encourage conservation.
The only way to do this would be to have good data about water utilization.
It was noted that the meter replacement will get t�e City closer to an electronic format. There
was discussion on the improved customer service that will be provided with the meter
replacement and that there will be savings in administrative costs in relation to the increasing
delinquent water bills and postage.
Councilmember O'Connor voted against the same. Motion passed.
llf. RESOLUTION NO. 2008-114 AMENDING THE SCHEDULE FOR PLANNING
AND INSPECTION FEES
Mr. Boganey introduced the item, discussed the history, stated the purpose of the proposed
resolution, and answered questions of the Council.
Councilmember Yelich moved and Councilmember Ryan seconded to adopt RESOLUTION
NO. 2008 114 Amending the Schedule for Planning and Inspection Fees.
Motion passed unanimously.
llg. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY CODE OF
ORDINANCES; ADDING NEW SECTIONS RELATING TO THE ABATEMENT
OF GRAFFITI
Ms. Schleuning provided an overview of the proposed graffiti ordinance, including background
information and the proposed ordinance standards.
It was noted that there are considerable staff resources associated with addressing graffiti, and
that gang-related activity is often involved with tagging or marking an area.
Councilmember Ryan moved and Councilmember Yelich seconded to approve first reading and
set second reading and Public .Hearing on November 10, 2008,. for an Ordinance Amending
Chapter 19 of the City Code of Ordinances; Adding New Sections Relating to the Abatement of
Graffiti.
Staff was commended on addressing graffiti with the proposed ordinance. It was noted that in
relation to addressing graffiti, the City Manager is accountable and responsible to the City
Council to ensure that the City Codes are followed.
There was discussion on Section 19-3005, specifically in relation to Item 5: Cost Recovery. It
was noted that residents that see anything suspicious should ca11911.
Councilmember O' Connor voted against the same. Motion passed.
10/13/08 -7- DRAFT
llh. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE OF
ORDINANCES; ADDING NEW SECTIONS RELATING TO THE
REGISTRATION AND REGULATION OF VACANT BUILDINGS
Ms. Schleuning presented background information on the proposed ordinance and provided an
overview of the proposed criteria of the Vacant Building Management Ordinance.
Staff was commended on the work involved and the proposed ordinance. There was discussion
on Section 12-1504, Item 3, specifically in relation to the City's authority for abatement and
recovery of costs.
It was suggested that vacant buildings include a posting of the owner, any pertinent information
regarding responsible parties involved with the property, as weli as City phone numbers, in order
to expedite complaints and keep the property in as acceptable condition as possible. Mr. Boganey
replied this amendment could be prepared for the second reading of the ordinance.
Councilmember O'Connor stated concern that the proposed ordinance would reduce the chance
of houses being sold due to the requirement to pay the registration fee.
Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading and
set second reading and Public Hearing on November 10, 2008, for an Ordinance Amending
Chapter 12 of the City Code of Ordinances; Adding New Sections Relating to the Registration
and Regulation of Vacant Buildings.
Councilmember O' Connor voted a ainst the same. otion assed.
g P
lli. AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 12
RELATING TO INSPECTIONS AND NOTIFICATION
Ms. Schleuning introduced the item and provided an overview of the proposed ordinance.
Councilmember Yelich moved and Councilmember Lasman seconded to approve first reading
and set second reading and Public Hearing on November 10, 2008, for an Ordinance Amending
Certain Sections of Chapter 12 Relating to Inspections and Notification.
Staff was commended for the thorough and systematic approach to address this issue.
Councilmember O'Connor voted against the same. Motion passed.
llj. RESOLUTION NO. 2008-107 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DEAD TREES WHICH CREATE A PUBLIC
SAFETY HAZARD
Councilmember O'Connor requested a staff overview of the proposed resolution. Mr. Boganey
stated the purpose of the proposed resolution. He explained Council is being requested to declaxe
the subject tree, which is dead and an imminent threat to the adjacent property, a public nuisance.
10/13/08 -8- DRAFT
Follawing adoption of the ordinance staff will provide notice to the properiy owrier to require
that the tree be removed from the property. Failing action by the property owner, the City would
hire a contractor who would remove the dead tree, and the cost would be applied against the
property as special assessment. This is a dead tree, as opposed to a diseased tree.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION
NO. 2008-107 Declaring a Public Nuisance and Ordering the Removal of Dead Trees Which
Create a Public Safety Hazard.
Motion passed unanimously.
llk. RESOLUTION NO. 2008-108 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DISEASED TREES
Councilmember O'Connor stated she will be voting against the proposed resolution. In the future
she would like action for the removal of diseased trees to be a separate item on the agenda, rather
than including it on the Consent Agenda.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION
NO. 2008-108 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees.
Councilmember O'Conrsor voted against the same. Motion passed.
The majority consensus of the City Council was that action to declare a public nuisance and
order the removal of diseased trees should remain on the Consent Agenda in the future.
12. ADJOURNMENT
Councilmember Ryan moved and Councilmember Lasman seconded adjournment of the City
Council meeting at 8:35 p.m.
Motion passed unanimously.
10/13/08 -9- DRAFT
i
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
OCTOBER 13, 2008
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work
Session called to order by Mayor/President Tim Willson at 8:53 p.m.
ROLL CALL
Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary
O'Connor, Dan Ryan, and Maxk Yelich. Also present were Executive Director Curt Boganey,
Fire Chief Lee Gatlin, Community Development Director Gary Eitel, and Carol Hamer,
TimeSaver Off Site Secretarial, Inc.
FIRE DEPARTMENT CHAPTER FIVE CODE AMENDMENTS
a. RESIDENTIAL SPRINKLERS REGULATION
Discussion continued on the study session discussion of the proposed Chapter Five Code
Amendments.
There was discussion on the proposed elimination of Sections 5-100 through 5-110
(Administration of Fire Department Personnel). It was noted that currently employees are
required to be residents of the City. Mr. Boganey explained that what is being recommended
would not be a change from the practice, but would be a change from the letter of the ordinance.
He explained that with the elimination of Sections 5-100 through 5-110 it would become the
authority of the City Manager and the Fire Chief to determine a process far rules and procedures
that would not necessarily require a committee of part-time firefighters as is currently the
practice. The City Manager and Fire Chief would need to be sensitive to ensure that nothing is
done to jeopardize the structure and morale with the part-time fire department/volunteers as well
as full-time employees.
Mr. Gatlin clarified that residential sprinklers regulation has not been included in the State of
Minnesota International Building Code as of yet. If the State Building Official accepts that
recommendation it will be included in the State's Code. This recommendation would be brought
forward by the City Building Official.
There was discussion on whether the City should take a stance on residential sprinklers
regulation. Mr. Gatlin stated sprinkler systems have a long, proven history of putting out fires.
Fire Service supports fire sprinklers regulation.
10/13/08 -1- DRAFT
There was discussion on Section 5-203 New Materials, Processes or Occupancies Which May
Require Permits, specifically in relation to proposed amendments for outdoor recreational fires.
Mr. Boganey indicated if the proposed amendments are adopted information will be included on
the City website to explain the ordinance and the importance of following open burning
requirements.
There was discussion on the public hearing process for the proposed code amendments. Mr.
Boganey stated he would prefer that the City Attorney draft a single ordinance amendment.
Council Members would be able to offer an amendment to divide the question or vote on the
different issues separately. However, if directed by Council staff will prepaxe three separate
ordinances.
There was further discussion on the adoption of the International Fire Code. Mr. Boganey
clarified that by adopting the proposed amendment that strikes out references to the Uniform Fire
Code and replaces them with the International Fire Code, the Council is not yet adopting the
International Fire Code. Adoption of this Code wouid require a separate action.
The majority consensus of the City Council was to direct staff to prepare an amendment to
Chapter Five of the City Code as presented, and to include Administration of Fire Department
Personnel, Adoption of International Fire Code, and Outdoor Recreational Fires in one
ordinance. A request can be made to separate the sections at the first reading of the ordinance.
NCE AMENDMENTS
MOTOR VEHICLE LICENSE ORDINA
Mr. Eitel rovided an overview of ro osed code amendments relatin to the issuance of motor
P P P g
vehicle dealer licenses. The changes to the licensing application and use of a consistent
measurable standard, such as minimum lot size and minimum lot coverage provides equal
standards for new and used cax dealerships, while maintaining the intent of productive land uses
which enhance the City's tax base. It strengthens the integrity of the City's ordinance and
reduces risk of potential legal challenges. The proposed code amendments are:
An Ordinance Amending Chapter 23 of the City Code of Ordinances regarding the sale of
motor vehicles. (Application requirements for City License Deletion of Building/Land
Assessed Valuation Ratio).
An Ordinance Amendment to Section 35-222, Para 3(a) Special Uses the sale of motor
vehicles at retail (minimum lot size and minimum building coverage).
There was discussion on condition h of motor.vehicle dealer licenses, specifically in relation to
deleting the building to land valuation standard from the licensing application and adding a
minimum 1ot size of 2 acres and minimum building coverage of 15% to the Special Use
provision of the C2 Zoning District.
It was noted that the current ordinance was enacted with the idea to maximize the land use. There
was discussion on protecting the land value and getting high end products in the City. It was
suggested to amend the minimum lot size to 3 acres, rather than 2 acres.
10/13/08 -2- DRAFT
There was discussion on applying architectural standards. Mr. Boganey advised that applying
this type of standard would need to be done through a broader application, and could not strictly
apply to car dealerships. Mr. Eitel pointed out that architectural standards can be achieved
through the PUD process, which is a building block for a better project.
The majority consensus of the City Council was to direct staff to proceed with the preparation of
an Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding the Sale of Motor
Vehicles as presented, with a 3 acre minimum lot size, rather than a 2 acre minimum lot size.
JOINT POWERS AGREEMENT BROOKLYN BRIDGE ALLIANCE UPDATE
Mr. Boganey stated on Tuesday, October 7, 2008, there was a meeting of the potential partners in
the Brooklyn Bridge Alliance Joint Powers Agreement (JPA). Several of the school districts
indicated support of the agreement, but stated their legal staff had technical questions concerning
the language of Article IV and how that language might affect the School Board authority and
responsibilities to expend funds and enter into contracts. The attorneys will be preparing other
language to address these concerns. Mr. Boganey noted at the last work session there were
questions raised about how the proposed JPA would affect City staff. He stated the expectation
of himself, the Police Chief, and the Recreation Director is that in serving on these boards and
being part of this collaborative, the expected benefits would justify the amount of time they
would anticipate putting in to the collaborative. It is anticipated that Brooklyn Center's
organization, which consists of the Brooklyn Center school districts, social service agencies,
community education and others, would become an adjunct to this broader group. The two
individual Brooklyn Center and Brooklyn Paxk organizations would need to develop a means of
communication and cooperation so that when the Board of Directors meets quarterly they can
speak with a single voice.
It was questioned how the collaborative would fit into the City's goals. Mr. Boganey stated the
expected benefit is multifold. He provided an overview of the following expected benefits of the
JPA:
Provide direct linkage to youth needs in the community, including how the government
can respond to the needs of youth based on what youth are saying.
Produce more beneficial outlets for youth in the community with the ability to get to
various activities and programs in the two cities. The purpose of this Board of Directors
is to look for solutions, including grants and other methods of engaging the business
community to fill gaps so that they have enhanced services and opportunities for youth to
be more productively engaged in the community.
Development of civic responsibility to give young people an opportunity to be active
citizens engaged in the governmental process.
The majority consensus of the City Council was to discuss the Brooklyn Bridge Alliance JPA
further when the amended language is presented.
10/13/08 -3- DRAFT
NEW HOPE ICE ARENA
acket is a letter received from the Cit of New
Mr. Boganey indicated mcluded m the Council s p y
Hope requesting that Brooklyn Center provide financial support to the New Hope Ice Arena.
There was discussion on leveraging assets of area communities so that the residents of the area
can have equal access to all the different recreational facilities at a total lower cost. One example
would be residents of Brooklyn Center using the indoor ice arena at Brooklyn Park without
paying non-resident fees, and similarly Brooklyn Park residents taking advantage of Brooklyn
Center's pool. It was pointed out that this relates to the discussion on the Brooklyn Bridge
Alliance JPA. Mr. Boganey explained that the Brooklyn Bridge Alliance effort is to bring the
parties to the table to have those kinds of conversations and discussions. Each city's situation is a
little different in terms of economics.
It was noted that transportation is an issue to consider, and that New Hope is not a contiguou.s
city to Brooklyn Center.
The majority consensus of the City Council was not to provide financial support to the New
Hope Ice Arena at this time.
Mr. Boganey stated a response letter to New Hope will be drafted and included in the City
Council Update.
EVERGREEN PARK MEETING WITH CITIZENS
Mr. Boganey stated at the August Administrative Traffic Committee (ATC) meeting two
complaints with attached petitions were presented to the Committee regarding problems
stemming from Evergreen Park usage. After a review of the complaints, the ATC recommended
referral of both files to the Park Commission to gather information and receive more input from
as broad a group of residents from the neighborhood as possible, and that the Park Commission
provide a recommendation on the complaints. This process may give insight into whether or not
there should be consideration of modifying the Capital Improvement Program to have the
basketball courts relocated or converted to a different use.
The majority consensus of the City Council was to direct that the Park Commission hold a
meeting with the residents regarding Evergreen Park petitions as recommended by the
Administrative Traffic Committee.
CITY MANAGER PERFORMANCE REVIEW PROCESS
Mr. Boganey reviewed the City Manager Performance Review documents with the Council. He
requested that Key Performance Indicators be established at the City Council Retreat and noted
they were not included in the self review. He requested that Council schedule a date with the
City Attorney for the City Manager Performance Review for the period July 2007 through June
2008.
10/13/08 -4- DR.AFT
The majority consensus of the City Council was to direct staff to schedule a date with the City
Attorney for the City Manager Performance Review for the period July 2007 through June 2008.
ADJOURNMENT
Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan
seconded adjouriunent of the City Council/Economic Development Authority Work Session at
10:58 p.m.
Motion passed unanimously.
10/13/08 -5- DRAFT
I
City Council Agenda -Item No. 7b
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
DATE: October 20, 2008
SUBJECT: Licenses for .Council Approval
Recommendation:
I recommend that the City Council approve the following list of licenses at its October 27, 2008,
i meeting.
Background:
The following businesses/persons have applied for City licenses as noted. Each business/person has
fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate
applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with
Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on
the attached rental report.
MECHANICAL
Ray Welter Heating Company 4637 Chicago Avenue S, Minneapolis
United Heating and Air 1295 Hackamore Road, Medina
RENTAL
See attached report.
N, x��
a�.:
s
.,-,�C tt{ ,i �3`���� fi +��r'��"� a`a �i �i Ef
y 1 f �.F a' ��c
M
��„�.�r' na, �r
F .,as .U.
:K.;
�z f v��.;�r u;:.. *,mm s �».c�"��� o-�ci y;� �c
a.�� �'�5�� 4��;� �.rl��` ��4 �u�t� ��ra'�
�w,ao,� �C�S��,.`C3.Ctr�K t �2�t, �5„�r,.,.. ;l.� �;'A� �.�^i�a,,,....7`�',��"k�.
d->z ,E�.. ni �WI�Y�Y u"f'�'r:Sa
vu �,.Fap A .�r�:;a, �°`"�y �Vd
L�, 'w�� �`Y i��5 n ,�,,�t�, R.3 v
t
.Q\ �i. ^i'.': "uY, '�T` i�
Y„�(� �,t.�. 'A �'�:.iF. ,'."k' ..',�w� .f�j}"
�4" µy� .k4, 1
�t e qy 3
a '»�Y. »,.,,r� 5 13q'
w�^ s� T e..� V g y� r• y�
y�:?r x s.r ...:3 y ^x��,. ,'�r',; �"r7a a:,,
n.Ji �..ii. �'s. 1 r"�� *�'ff
x 3 rw �[5��. :E ;�,h,,,. L"..
A i.ik .,u.r..
a
m
i ���'^i'al v t ��A�' x 5v .::t ..c.o�✓.....u.�x...v.t �dm_.
.�.�ie m.,e.&� etr, w ,.r
I �1 Bldg
1510 69th Ave N 4 Units Initial Troy Pullis None per 12-911 Ordinance OK OK
1108 57th Ave N �Single Family Initial �Chai Thao �None per 12-911 Ordinance OK OK
h dwick Lashinski �None er 12-9110rdinance OK OK
mil Initial C a p
4306 66th Ave N �Single Fa y
2923 68th Ln N �Single Family Initial �Steven Pfeiffer �None per 12-911 Ordinance OK OK
877 70th Ave N �Single Family Initial �Kathy Nguyen �None per 12-911 Ordinance OK OK
6801 Emerson Ave N �Single Family Initial �Anita Landry �None per 12-911 Ordinance OK OK
5332 Humboldt Ave N �Single Family Initial �1ohn BigelowfJason Brovitch �None per 12-911 Ordinance OK OK
6000 Xerxes Ave N ISingle Family Initial IYolanda Garibay �None per 12-911 Ordinance OK OK
Brookdale Towers 2 Bldg 1 Assault, 2 Property Damage, 1
6915 Humboldt Ave N 50 Units Renewal Hillaway Investments LLC Disturbing Peace, 1 Theft (.10) OK OK
Crossings Brookwood Manor 1 Bldg
6125 Lilac Dr N 65 Units Renewal Lang Nelson Associates None per 12-913 Ordinance OK OK
Crossings Brookwood Estates 1 Blclg
6201 Lilac Dr N 73 Units Renewal Lang Nelson Associates None per 12-913 Ordinance OK OK
1 Bldg
7240 West River Road 7 Units Renewal Nedzad Ceric 1 Disturbing Peace (.14) OK OK
5006 65th Ave N �Single Family Renewal �Eva Wilson �None per 12-911 Ordinance OK OK
6Z24 Drew Ave N �Single Family Renewal �1ohn Hodgkins �None per 12-9110rdinance I OK OK
5315 Fremont Ave N �Single Family Renewal �David Barnhart INone per 12-911 Ordinance OK OK
4207 Lakeside Ave #123 �Single Family Renewal �Donna Kabanuk �None per 12-911 Ordinance OK OK
5332 Lilac Dr N �Single Family Renewal �Mark Lundberg �None per 12-911 Ordinance 1 OK OK
7124 Newton Ave N �Single Family Renewal �Gary Hanagan �None per 12-911 Ordinance OK OK
i
City Council Agenda Item No. 7c
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Community Development Director
DATE: October 21, 2008
5UBJECT: Resolution Requesting Additional Time Within Which to Complete
Comprehensive Plan "Decennial" Review Obligations
Recommendation:
It is recommended that the City Council, following consideration of this matter, approve the
Resolution Requesting Additional Time Within Which to Complete Comprehensive Plan
"Decennial" Review Obligations
Background:
Attached is the Metropolitan Council's application requesting an extension to the planning
period for updating the City's Comprehensive Plan.
The application indicates that the draft plan will be completed by November 24, 2008 which will
then allow the six month review/comment period by adjacent jurisdictions, affected special
districts and school districts to be met with final action by the City Council scheduled for May
26, 2009.
Budget Issues: There are no budget issues.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION REQUESTING ADDITIONAL TIME WITHIN WHICH TO
COMPLETE COMPREHENSIVE PLAN "DECENNIAL" REVIEW
OBLIGATIONS
WHEREAS, Minnesota Statutes section 473.864 requires local governmental units to
review and, if necessary, amend their entire comprehensive plans and their fiscal devices and official
controls at least once every ten years to ensure comprehensive plans conform with metropolitan
system plans and ensure fiscal devices and official controls do not conflict with comprehensive plans
or permit activities that conflict with metropolitan system plans; and
WHEREA5, Minnesota Statutes sections 473.858 and 473.864 require local
governmental units to complete their "decennial" reviews by December 31, 2008; and
WHEREAS, Minnesota Statutes section 473.864 authorizes the Metropolitan Council to
grant extensions to local governmental units to allow local governmental units additional time within
which to complete the "decennial" review and amendments; and
WHEREAS, any extensions granted by the Metropolitan Council must include a
timetable and plan for completing the review and amendment; and
WHEREAS, the City will not be able to complete its "decennial" review by December
31, 2008, for the following reasons: needed to have more public meetings that anticipated, followed
by a few task force meetings, struggling with the many different interests of the community and
trying to work those interests out to a good compromise for all.
WHEREAS, the City Council finds it is appropriate to request from the Metropolitan
Council an extension so the City can have additional time to complete and submit to the
Metropolitan Council for review an updated comprehensive plan and amend its fiscal devices and
official controls.
NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of
Brookl Center that:
Yn
1. The City Manager is directed to submit to the Metropolitan Council no later than
ember 1 2008 an a lication re uestin an extension to May 29, 2009.
Nov pp q g
2. The City Manager must include with the request a reasonably detailed timetable and plan
for completing: (a) the review and amendment by May 29, 2009; and (b) the review
and amendment of the City's fiscal devices and official controls.
i
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Metropolitan Council
REQUEST FOR EXTENSION OF PLANNING PERIOD
Completed request form and accompanying Resolution must be received at the Metropolitan Council
offices by November 1, 2008. Your responses to the following questions will provide the Metropolitan
Council with information needed to help ensure plan completion.
Community Name City of Brooklyn Center Request Date September 27, 2008
Community Contact Person Gary Eitel Phone 763-569-3305
Email Address Geitel�Ci.Brooklvn-C Fax 763-569-3494
PLANNING PROCESS TIMELINE: Please provide the target dates for each step of the planning process
identified below.
Process Step Target Date
Completion of draft plan text and mapping November 24, 2008
Initiation of 6-month review/comment period by adjacent
jurisdictions, affected special districts, and school districts November 25, 2008
I
Public hearing date January 8, 2009
City Council Town Board County Board action May 25, 2009
Date of plan submission to Metropolitan Council May 26, 2009
S Completion of fiscal devises and official controls
review/amendment May 26, 2009
Please note that a target date for plan submission to the Metropolitan Council after May 29, 2009 will
require a presentation to and formal action by the Metropolitan Council. If the Target Date for plan
submission is prior to May 29, 2009, the extension may be administratively granted by the designated
Metropolitan Councif staff.
PLANNING ISSUES: Please lace a checlanark ne
xt to the issue s identified below that are contributin to
P
g
the need for the requested extension.
Staff workload X Development of plan components:
Contract planner delays o Existing land use
Issues affecting adjacent communities O Future land use
Datalmapping/GIS O Housing
MUSA expansion issues O Surface water management
Area development or redevelopment plan(s) O Transportation
in process O Sewer Plan
Planning Commission/City CounciUBoard O Park/Open Space Plan
member concerns O Water Supply Plan
Population, household, employment forecast O Historic Preservation Plan
issues
O Im lementation Plan
P
Sewer flow forecast issues o Critical Areas/TVINRRA
Growth staging plan X Other Late start
Public participation process
Metropolitan Council density policy issues
OTHER COMMENTS: Please provide any additional comments here, included explanations as needed of
S planning issues checked on the previous page. Include a realistic appraisal of your community's ability to submit
your updated plan for review by indicated deadline as well as the subsequent reviewtamendment of fiscal devices
and official controls. (Use additional sheets as necessary.)
C:1Documents and Settings\geitellLocal SettingslTemporary Internet Fi(es\Content.0utlook\71�TFBSP7R�Ext App_08fitled out.doc;rn 2
�ity �ouncil Agenda Item No. 8a
i
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
DATE:. October 2Q, 2008
SUBJECT: Proclamation Declaring October 27, 2008, to be Designated as Random Acts of
Kindness Day
Recommendation:
It is recommended that the City Council consider adoption of a Proclamation Declaring
October 27, 2008, to be Designated as Random Acts of Kindness Day.
Background:
The City of Brooklyn Center has celebrated Random Acts of Kindness since 1997. Each year
the nominees are recognized by the City Council at its second meeting in October. The attached
proclamation encourages residents to celebrate Random Acts of Kindness.
Budget Issues:
There are no budget issues to consider.
PROCLAMATION
DECLARING OCTOBER 27, 2008, TO BE DESIGNATED AS
RANDOMACTS OF KINDNESS DAY
WHEREAS, Random Acts of Kindness are the expression of our empathy and compassion for
one another; and
WHEREAS, the daily acts of kindness of most of the citizens of Brooklyn Center often go
unrecognized; and
WHEREAS, by recognizing these daily acts of kindness, all citizens of Brookdyn Center will
become more aware of the importance of being kind to others throughout the
year; and
YPHEREAS, the City of Brooklyn Center celebrated the first Random Acts of Kindness in 1997,
and is celebrating its 12th Annual Random Acts of Kindness by encouraging
schools, employees, and communiry groups to participate in Random Acts of
Kin�ness.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, with the consent and support of the Brooklyn Center Ciry Council, do het-eby
proclaim October 27, 2008, to be Random Acts of Kindness Day and urge all residents of the
Ciry of Brooklyn Center to join in celebrating and performing Random Acts of Kindness.
October 27. 2008
Date Mayor
Council Members
ATTEST:
Ciry Clerk
City Council Agenda Itern No. 8b
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
DATE: October 20, 2008
SUBJECT: Random Acts of Kindness Presentation of Recognition and Certificate Ceremony
Recommendation:
It is recommended that the City Council Members alternately read nominations received for
Random Acts of Kindness while Mayor Willson presents the recognition certificate to the
nominee.
Background:
Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness during the
month of October. An article seeking nominations, along with a nomination form, was printed in
the Fall 2008 edition of the City resident newsletter, City Watch. Random Acts of Kindness
nomination forms were made available at the customer service counters at the Community
Center and City Hall, and a letter was sent out to community organizations. Information about
Random Acts of Kindness and a nomination form were available on the City's web site. This
year thirty individuals and one elementary school were nominated to receive recognition for their
i Random Acts of Kindness. Attached are copies of the nominations. A letter was sent to the
nominees who were identified (and carbon copied to the nominator) inviting them to participate
in the Random Acts of Kindness recognition at the City Council meeting to be held October 27,
2008, at 7 p.m. A copy of the letter sent on behalf of the City Council is attached. Those
persons attending the recognition will receive their certificates at the meeting. The certificates
will be mailed to those nominees who are unable to attend the meeting.
Budget Issues:
There are no budget issues to consider.
Council Item Ivlemo to Curt Boganey
Page 2
October 20, 2008
l�ia�.�nee �c�-�itt��d����
Lee and Polly Engh Crystal Hogancamp
Edna and George Gunderson Jeff and Julie Basche
Rich Hadokowitz John Russell
John Noreen Ruth Bona 1
Palmer Lake Elementary School Staff Tommy Watson
Don Schriefels Myrna Kragness Kauth 1
Jan Tieden Linda Martin
Tom Trombley Gail and Jim Ebert 1
Gary and Mavis Kuensting Steve and Tricia Scarlato 1
Larry Saas Steve and Tricia Scarlato
Kari and Chad Tolifson Steve and Tricia Scarlato 1
Mike Masica, Post Office Diane Sannes
Paul Anderson, Post Office
Don Deppa, Cub Foods I
Tim Roche Diane Sannes
Darrel Nelson Diane Sannes
S u e R i c e Diane Sannes
Pat Snodgrass Diane Sannes
Brenda Malone
Darryl Sannes
Carolyn Livingston, Baxnes Noble
Ann Gallagher, Channel 12
Caren Staples, Health Partners Diane Sannes
Mark Allen, Allen Property Services Diane Sannes
Pastar Marilyn Evans, Brooklyn United Diane Sannes
Methodist Church
Wendy Erlien, Sun-Post Editor Diane Sannes
Jim Liston, Culvers Diane Sannes
�Random Acts of Kindness Nor�nination Form
t L
I/we, t��i �5�� 1 I�CX� �}�C k�YYZ would like to- nominate the-following person, ners�zns, group, classroom,
business, chLirch, etc. for Rar�hom Acts of klndness, to be celebrated in Brooklyn Center in October.
Name: h�� I Gl��F ��li��l
Address: J �`�il�✓✓CE �1�2C2� l I'�GD�C�� r✓ ��i✓ lE�, �7J� SJ�`��
(include Street, City, Zip Code) ,1
/�'��I�(_ r.�� -f/-y G%r.v
!J
Brief Summary of Kind Act: .i P� ���y iti�l� ./J�c.� G�
v l�
i'
�ir X?D/1/J �,�./'��'L°" 17�1�,� �,v�?�� ✓S �Z�=�=�.� z� !C r�iZ��is����
u �l G ,lyy, U cl��aper if needesi.
[:c'.
�r�� �Co-� C� p/L� j `L� u`°'p L'°
Fle se eturn Nomination Form by October 5, 2008, o:
City of Brooklyn Center, Random Acts of Kindness, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430
Randorn Acts of Kindness orn�nato�n For
y �J �,�,�i S would like to nominate the following person, persons, group, ciassroom,
business, church, etc. for Random Acts of Kindness, to be celebrated in Brooklyn Center in October.
q ;v r�� �S O 1
9Vame: `�i� V"L� ��D 1��1 ��1! ��_�'�.�/1 S G Y\ U�'� v�
Address: `7 A� �"""i.+�� i�!: f�� �J �Ji�
(include Street, City, Zip Code) w� s'��
Brief Summary of Kind Act: "�r >5 v y�� �t� ���1,t�v�,�.� t �tQ ;'��i�'�C�' i/2/�1,i��t�
i 1
l�.t'r��� ��:���r}c�r� r t�}-; k �!.1��,� �v�/.� €��h�
r Use additional p�per if needed.` t
r� jy��' ��r�.v. ��,vt��, ��1..w�2�—..��1
.�leas Retum Nomination Forrrt by October 5, 2008, tof
Ciry ofBrooklyn Center, Random Acts of Kindness, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430
City of Br°ooklyn CenteY
Random Acts of Kindness Nomination Fopm
NominatoY
Name:
i:= x-� t�, f`�. c-t S S� ff
Street Address:
S 3 f a. l�! ►..9�2
City, State, Zip Code:
i3 s2 c-c� d�� c� /`h...r r. =j 's �-c 3 v t 't a
Telephone: I
��i r
I
Nominee
Individual or Or�anization or Group
IndividuaPs N Name of Organization or �roup: I
rGL! !�v'-�5;`�ZC.�GVc i
Street Address: Street Address:
_�3 i� N ��t I Ci State, Zip Code:
City, State, Zip Code:
�3 ;2. c�[`l iC �.v ,.r f N 5 3 f�
Telephone: I Telephone:
7� 3- 5�s&�• i 4 S��
Brief sur�Qnary of kind act (use addifional she�ts if r�ecessary oe subinit separate letter)
Rich for the last t�ree years has plowed out my driveway and hi� widow neighbors
D�ve�vay. A�er it �as s�opped sno�ving he gets on his 4 wheeler and plows.
When his neighbor died he still plowed and shoveled so it would look lived in.
He will not accept money for gas or anything. They are just real good neighbors.
Return Nomination Farm BY OCTOBER 3, 2Q08, to: City of Brooklyn Center, Random Acts of
Kindness, Office of the Mayor, 6301 Shingie Creek Parkway, Brookiyn Center, MN 55430.
12,r1q,�260; 12 15 6356688�6 BONa PAGE ��1
�X 7 �3-- 3 �-I �1 C I P r
I
i
Clty of Brookfy,r Ce�zter �t"".
Randvm ftct� ajKrr�dness Noxr�ir�ativn Fvrrn
Nomi�ator
Name_
1�
�tre�t Addrsss: i„ C'� S C G�}�. U A /ti�
�.(i l
CiEy. Stats. Zlp G e:
rU�ILL ('P��'r MC11 �G����7
Telephane-
Nominee
.Ir�dividual ar Organizatian Rr Graup
tndividusl's Name: Name of OrBanizatlon ar Group:
j oY1Y� �C1��£'Yt
3tre�t Addreaa: �C�r`�" �`V SMa�st Addrea�:
�ass f
�ity �1PC �✓1 l J�n/� 5 y�,�'J ��]l• St�te, Zlp Cade:
T�1 phtsna; '�elephane:
�f��-
Br'fef aumma,ry of kind act (use &dditFanal sheets if neaegsaty or eubmit 8�parate lettery
�l� r� i� b�� c� 2��-�-� c�ru�.rn c� S 6�
S c. 1 f� J e. I� e S c, e�-�-� e z I c lc� s
Y1 e�-� �t �.i h o,� G� v� e c� f� �t r2
r� ��c lh o�-c�5 �Y� ve c� �'t 5 w P 1��S D�h rs
c� c� e 5 5 1� ar��. S e a� h�` 5 n� c' h a�s� 2.S
��br�� G
I,c1-f I c�,,� �l� e C� rP C�. S
����t�� v� h 5 �,1�� S W� l l�►� �v t��e 1 r w;
f� c�. c� e S 5 ve 1� L� w+� �rl. vuv� rS 5 n o �c.J
o w�� D r b�� U E'Yl U'� Q Y► I CC�. a�(' j��vr� 0 urn
i� S S U� S, 15 Q�� t' C �C. �e S S r' S� c��n
f
o e s ►�y �v r 1� u s s f-� r�-� 1�
J
I� 5 �,v,� 4�� e r�.
l
I<-� 4� c� i� �e c`G�-�ti��r'sr S wc�,c_� c� c� ►`�e
I� �1� a.'-rn o� 1 ,1-� cc.� -��e,�� �1 -���r
Reiurn Namin�tlon Farm �Y pGTpgER 3, 2008, bo; Cify �f Brooklyn Center, Rerrdpm �l�f� of
Kindngss, p{�rce af the Mayor, 63Qt Shin�le Cr�eek Parkway, Broaklyn Center, MN 55430.
�i o Brookl n Cen�eY 1
�Y Y t
Ra�dom Acts of �indness Nomination Form
I
I NominatoY
Name: I t r
rn m!� Wa1 ?�56�
StreeE Address:
�30� Pa�n^e✓ 1-aKc D�;ve
City, State, Zip Code:
13rc�ok�ti.J �a�IC �l'1h1., SS y
Telephone:
(��3)�6l--l93d 1
Nominee
Individual or Or,�anization or Grou�
Individual's Name: I Name of Organization r Group:
�Glrner Lo,l<e ��en
Street Address: I Street Address:
WcSk-- Po.Irne✓ L�,1�e l��J✓�
City, State, Zip Code: I City, State, Zip Code:
C�oKly,.! Pc�r �c, P�'►rti/ S Z
Telephone: I Telephone:
�3) S C�! f� 3d
Brief summary of kind act (use additional s�ieets if necessary or submit separate IettE�)
(.J e l-,rn•( k��e e�u c�. k-a �s ��F �,e ��u o. d-- P er L°` ke �!e r��
�ver7 �a O v r S�}a.� 1 �„r u� o v 6 v i lc�; �S f e� �a"� f�d s
�1 r,r� C L.a,,vS e l;V e5, MU,-✓ y c3.�- o� r' c�rt� e i,.J C��.r 5�-*�� 1�.�'e
I
aN avr 5 �er✓� S 6e SvC C P S:�� J'�
a e ve ,.I i,Jo r k e�.r �-�e W e�kr2�✓d S o
S c�o p�, Pc,� I�'�-,� r L�. �e S T�'--� �el' �or n.. r�n n��a n-. G,G� o�
l�,'Nav�e �e6,� �v e,Js �f� f-L,� �.1 v a�� 5-1-��e��
5 rC5 v,! v
��n 6eLo�,�,e Su��esS�'v1 y�.ern6'ers o� 6�� ��'�rn���'��_
J o l rnc f ke S
��j��ao Pl�rv�
Return Nomination Form BY OCTOBER 3, 2008, to: City of Brooklyn Center, Random Acts of
Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430.
i
City of Brooklyn Center
Random Acts of Kindness Nomination Form
i
Nominator
Name:
1
Street Address:b
3�/0 3,�..Q G� �o
Gity, State, Zip Code: yl �5 yL�
�J
Te�ephone 7� 3 3`4 7 y S��
Nominee
Individual or Or�anization or Group
Ind Name• I N m� e af Or_9�iz�ion o� x ��'c'
`0-n- 't�°'"'`'Q"P
Street Address: Street Address:
5tot 13.,�P I s9v �1�$ io
City, State, Zip Code: r I City, State, Zip Cod� s
SS,fI Z.}
Tele hone: I Te{ephone:
�f G $yQ "D 8(o Z 7 3^ .5G �3�
Brief summary of kind act (use additional sheets if necessary or submit separate letter)
cS..Q...G,-
Random Acts of
Return Nomination Form BY OCTOBER 3, 2008, to: City of Brooklyn Center,
Parkwa Brookl n Center, MN 55430.
Cre
ek Y
Shin le Y
f the Ma or, 6301 g
Kindness, Office o y
City of Brooklyn Center
Random Acts of Kindness
Don Schreifels
Donald B Schreifels Associates, Brookyn Center
I would like to nomiriate Don Schreifels for the Random Acts of Kindness in Brooklyn
Center.
For the Holiday Party for his Company, Donald B Schreifels and Associates, Mr.
Schreifels sent an invitation to all of his associates, friends, family and golf buddies to a
grand gala held on New Years Eve.
In his invitation he invited all to remember those less fortunate and requested tha.t they be
generous with a contribution to CEAP, a long-standing charity in the northwest suburbs.
I was forlunate to be the Baard representative from CEAP for that evening. While I ha.d
the opporhznity to meet many old friends, and greet his many guests, I was so impressed
by the contributions of those folks that donated well over $S ,00a.aa.
I believe that the spirit of this man, his company and friends and family should be
commended for the unselfish act of sharing that will benefit so many in our community.
What an exam le to other com anies.
P P
Myrna Kragness Kauth
i.li�
lnonaCdScFcreifefs cord'tally invites you to ceCe6rate
It s.�lCA6out �,omance!
�ecem6er 31, 2007
Edin6urgh tiSA
8700 �n6mo�ng, BroofCyn �1'dr� SS443
Let s end 2007 zvit(t a party!
,AncfwFiat 6etter wny to ceCe6rate t�ie year tfian to "lnress to tFie �nes"
andspencfa night dancing with the one you Cove.
I've invitecCt(tose from aCl aspects of my fami�y's Cfe: grozuing up in
LitcFifie�Cf, Cfe on Idaho Gane ancf�Dun6ar Court, St. .,�ncfrew's C�u6,
cC�nts, churcfi mem6ers, friencfs andfamiCy.
I Coo�, forwarcf to catching up with aCCof you!
As we start 2008, I a(so want to remem6er those �ess fortunate, and
request tFiat you are generous with your contri6utions to CYEA�
Community ErnergencyAssistance ln'r'ogram (CEA�) is a Corr�-stan�fing
charity in tFie northwest su6ur6s fae�ping thousarufs of i�virfuaCs anrf
famiC'ies every year tFcroug(x tFieir CCotking C�set, �F'oodShe� ,�06
7raining, ancfotFier assistance services.
7rie doars wiClopen at 7 p.m., witk "Bella GaCa an 18 piece 6and, to
start at 8:30. .�f�ors d'oeuvres and non-aCco(wCu cCrinks wiCC6e provided.
A casFi 6ar wilCaCso 6e avaiCa6fe.
�Ylease 1�� to StevFianie@scFireife(s.com 6y �Frufay, 1�ecerrm6er 21�.
�l'lease contact me at (763� 548.0862 or cCon@schreifeCs.com witk any
questions.
�Don
i
City of Brooklyn Cen��r p F
Random Acts of .gindness Nomination For�
Nominator
�lame:
�,i �r� ���1 l.--� ��G
Street Addr�ss:
f C"1� 1--� �C.
C State, Zip Cod
i�.,d ��i,���� R..A 1:�- i`� N v! t\ `�'3 ._'3 f-�"�T F'�'
Telephone. �,J
�71�.� P
Nominee
Individual or Or�anization or Group
tndividual's Name: Name af Organization or Group:
t s �,V�
Street Adciress Street Address:
��,�t'?�t: �����r"'�1.ct►!r� �►1F�_>
C State, Zip Code• C'rty, State, Zip Cade:
L 3 �r')!7 a ,f ��6 l� .f�o.��..-�' V"� �i
Telephone: .J Telephone:
7G �`5 :3 5�
Brief summary of kind act (use additianal sheets if necessary or submit separate IetEer)
��3 w t �ir'� �i V �t �"q .5 b'i� �c� i',
G L'� �V'1.-�'.,.$�� ��L-E' Y �:J r Y `-.C;� i`�—C C� �k �•t:5 �c:3 6�-�
(,t�"� L�::� y-tir cq r' y�. v �"�s%�
�J f
`i C'✓ `(�-�,.'f f,.� e F i..J I;� i..�-� 4 l
J j
�t.cr i��.�� C.:'� U f.�'..� �6'�� s a I/r.-.� �/1-��t C� ►1,c? �G' '-��z
z r G�Cib�c�3 V�� l�-x-7� f'�S'1-- d
V"l� f�: C�L 4�� d�' f_ c.�--e' 1
-�s ��l �'t.-'..�� J `t�C:� �b"1�..
s' C. ..�.3 l I
C� J�i.� f j�
t�i t 6r'�? f/�- t.'�.� �r? i't� G� (,���N C�s �tll.-� ��i VL_L�
��L�
�G' �f�.�+"t�Z G ��.�-V" r.�. �n �6d l� (r'(�( k'i
�I! 5�-�v�N��, �J
J,,t_ G.�t.:' t v'� c� V"ti'"� o
�d l� d- V
L J 1° �_.P'� i s.� [r1!� t
li tP'�3. S�- w� C� i;.(. V�- r.�
y°vl..� -�i=5 C? l.t„'' �'C��.( k� Le:.t v� �`JC�` �'n--�-� c...� (�'�-C�
f't :<3. �"L�C:- i r i V G �'l.� ��71 �•C$ dr
6 c� �j,.
l� 1 �c�' V'` �'7 G`,� E..r� C�( �,�ct ��u 1 i..L..VI-���%°- d t�-��
1 j
.5 j L-', C 4'"� c� 4 �C� ������C�G c�
.�i�
�R'F` l.� 9 '�C...� �T �.�`1.t J` f� c� ���'l.. `I,��'� .1 V''l-E'.C� �1
`'���I..' Vt �;��i
r;)°�,��4 a�� �C �C
��.t 1 e1 e� ,e r^� �"cr't t'1 ii r: i i_; �l 1 1 t� ,r� 1 1 1�, la� 4 d i� G" l X� V i��3
J
Retarn Nomination Farm BY QCTOBER 3, 2008, to: Gity of Brooktyn Center, Random Acts of
Kindness, Office of the Mayor, 63i19 Shingie Creek Parkway, Brookfyn Genter, MN 55430.
Random Acts of Kindness Norriination Form
I/we. •r��- ��Zn.� would like to nominate the following person, persons, group, classroom,
business, church, etc. for Random Acts of Kindness, to be celebrated in Brooklyn Center in October.
Name: r. w� l C w� �i� �ca
Address: "V
C� i s
(include Street, City, Zip Code)
�5 1 �,r'�v�= i�-n��r?�^s,.--
Brief Summary of Kind Act: �D �1�.� 1i�t.�;z. c%4s� �1-- ���'Y�'�-`'
r
°JL�� �G4..�v,�?� ��-t''� c� i �1�. m,c.n� Y��ti����
G Use additidnal pap r rf needed.
w ,�a r. "u'�s'��c._..b� i,t .,t.-v�M,w� ����-t.o'��
Please Return Nom natiorr-Form by October 5, 2008, to:
City of Brooklyn Center, Random Acts of Kindness, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 5 430
a
City of Brooklyn Center� ��ti
Random Acts of Kindness Nomination FoYm
Nominator
Name:
f ��U�
Street Address:
7,-i i� c t� �-P
Ci State, Z Code: r S
�%�-.13���-�-�. l v
Telephonec 1
1 U t
�(jYI�l�Ze�
Individual or Drganization or GYOU�
IndividuaPs Name: Name of Organization or Group:
�It✓�-! �``�arll► S ��lA�/L'��v�
Street Address: I Street Address:
7 Ci State, Zi Code:
City, S�,ate, Zi Code: M tY p
/��r
Telephone: r�i`� �4 Telephone:
�76 3 a- S
Brief summary of kind act (use additional sheets if necessary or submit separate letter)
,/�I� �/�'rew-���7''-���t,.�r`�
�i r fy
�/�t�r�
i/ c�
V ry y
�-r� �s G��' v
1
�'r"�����:��-�
�ti� n�.
�h ��r���'r�;�r� .5�� 5 l�
0 G �1 �l��-�'�^�
G �r,�v�s
��.Y► T�2��-,�.'° r�'° �G�
u����
�v��e w i� w-� .,,E� r`�..�n
Return Nomination Form BY OCTOBER 3, 2008, to: City of Brooklyn Center, Random Acts of
Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430.
City of Brooklyn Center
Random Acts of Kindness Nomination FoYm
NominatoY
Name: f
��-�e 1 �u�--�
Street Address 4
rl
C ity, Sta C�c� 1 G 1.1.fv�'"� �l /u ��1 I
Tele hone:
p {03 5 G I �7
1`�arn�tine�
Individual or O�ganization or Grou�
Individ aPs Name: Name of Organizatian or Group:
�tY�-� SaaS
Street Address: I Street Address:
�7 n �-e�e.
City, S te, Zip,Cpde: City, State, Zip Code:
��3 ����'YZ CP��1"Z
Tele hone:
Tele tione: P
p7 b -�6 J -�-�-3
Brief summary of kind act (use additional sheets if necessary or submit separate letter)
�a r a�-
�,v���
�Y7 rn rn d
'J� u lt lb� i
c�-� U
a. o
w
�,,.a��,�
w�
ER 3 2008 to: Cit of Brookiyn Center, Random Acts of
Return Nomination Form BY OCTOB Y
Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430.
City of Brooklyn Centep
Random Acts of Kindness Nomination Fo�m
Nominato�
Name:
7� 1.�'1/(�' ���C�i��-c�`
Street Address J
��-1 S �_S��• h�'�- ,/�.s
City, State, 'p Cod����� �7 d�
Telephorie` r 1
-�f� %-%(�C��—
N. om�r�ee
Individual or O��anization o� G�oup
Indi iduaPs Name: Name of Organization or Group:
�L91/Ll i' a ��YZ
Street Address: Street Address:
�1 �it?�
City, S�te, Zip Code: City, State, Zip Code:
!Y1 53��-�
Telephone: Telephone:
`71�� -ZZ� -Y i
Brief summary of kind act (use additional sheets if necessary or submit separate letter)
j�c�,�,
�v
i
��.�:M
�n�
Return Nomination Form BY OCTOBER 3, 2008, to: City of Brooklyn Center, Random Acts of
Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430.
ndom Act of Kindness I, Diane Sannes would like to nominate-
or the Kind wark by employee and BC resident Mike Masica 5006 N Li1ac Drive 55429
BC PO Manager Paul Andersen 6848 Lee Ave N
And Wonderful Flowers Donated by the BC CUB Store Don Deppa 3245 Cty Rd 10, 55429
For the planting of the flower planter in front of the Brk Ctr Post Office.
This year the planter is filted wi�h a lovely display of annuals.
Random Act of Kindness I, Diane Sannes would like to nominate-
Brk Ctr Resident Tim Roche, of�816 69th Ave N 55=�30, for his gaod work in making a request to have a trash
be placed at the bus stop at 69th and Humboldt ..what an improvement to help this area stay cleaner.
d for his continued efforts to inow the right of way -sidewalk area-- in the front of vacant homes in the
Evergreeil Park Area.
'I
I
Random Act of Kindness I, Diane Sannes would like to nominate-
Brk Ctr Resident Darrel Nelson, 6315 Camden Ave N Apt 110, is the #1 Walker in Brk Ctr and on his
�y daily walks he can be seen picl:ing up trash and helping to make Brk Ctr and Great Place to live!
I 'I
Random Act of Kindness I, Diane Sannes would like to nominate-
Sue Rice of the City of Brk City Eng Dept. for her kind efforts and good work in support of fhis years Brk Ctr
�den Contest.
Random Act of Kindness I, Diane Sannes would like to nominate-
The Brooklyn Historical Civil War Book Team and Barnes and Noble, and Cable TV 12
for their recent event to promote Brooklyn Center history.
�cluding
Pat Snodgrass 4747 Twin Lalce Ave n 55429
-Brenda Malone 4741 Twin Lalce Ave N 55429
-Darryl Sannes 7006 Willow Lane 55430
Carolyn Livingston Barnes a�zd Noble Brookdale 1353 Brookdale Ctr 54430
Ann Gallagher Cable 12 6900 Winnetka Ave N 55428
Random Act of Kindness I, Diane Sannes would like to nominate-
ealth Partners of Brk Ctr, Caren Staples 6845 Lee Ave N 55429,
r their employee efforts to donate Back to School Back Packs to area school students.
hat another successful campaign
Random Act of Kindness I, Diane Sannes would like to nominate-
rk Allen of Allen Pro�erty Services, 6066 Shingle Creek Pkwy Box 175 55430,
his continued support in leading the BCBA organization and for his every day efforts of keeping businesses
and our highways and streets looking good in Brooklyn Center when he so often stops and helps spruce up an
area.
Random Act of Kindness I, Diane Sannes would like to nominate-
Brooklyn Methodist Church 7200 BrookIyn Blvd. Pastor Marilyn Evans,
Church members continue to help beautify the grounds of this historical corner of Brooklyn Center along
�oklyn Blvd.and this year added new landscaping to the front of the church building.
`�Brooklyn Methodist also continues to offer their church to the City of Brooklyn Park each election year to
serve as a Brooklyn Park Polling place. What a great Community Partner!
Random Act of Kindness I, Diane Sannes would like to nominate-
ndy Erlien at the SunPost --33 Second St. N.E., P.O. Box 280--Osseo, MN 55369,
endy is Great Home Town Editor for the Brooklyn Center community and is a big supporter of the many
citizen community events in Brooklyn Center.
Thank you for your Great coverage of Our Town
Random Act of Kindness I, Diane Sannes would like to nominate-
Jim Liston Manager @Culvers 6900 Brookyn Blvd. 55429
highly supports our commuzzity, his employees and the other merchants in the Blvd Market 69th and BB
He is a good business partner for our Community.
i
City of Brooklyn Center
A Millennium Community
October 3, 2008
Nominee
Dear Nominee:
Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. Again this
year the City Council has received nominations to recognize Brooklyn Center residents and
groups who have performed random acts of kindness that help make our community a wonderful
place to live and work.
Congratulations! You have been nominated for Random Acts of Kindness and will be
recognized by the Mayor and Council Members during their .City Council meeting on
October 27, 2008. The City Council meeting starts at 7 p.m. and is held at Brooklyn Center City
Hall in the Council Chambers, 6301 Shingle Creek Parkway, Brooklyn Center. Your presence
would be greatly appreciated. Enclosed is a copy of the nomination.
If you have any questions, please contact City Clerk Sharon Knutson at 763-569-3306.
Sincerely,
Tim Willson, Mayor
Kay Lasman, Council Member
Mary O'Connor, Council Member
Dan Ryan, Council Member
Mark Yelich, Council Member
Enclosure
cc: Nominator (w/o enclosure)
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbroohlyncenter.org
�i ii ii i i L ei i �i L ii i L i a i i
�:9 %���.:n� �e.� ��r� I,•� u.�, ��-A saa �.�7 u<; �r.�� /I.•4 ���a �.9
/�.c;::��. �/,w' �/,.A ���ri� /�6f..; //aJ;: ��rel. ��av�-', �/.e3 �/di s�:. ../e7: /�.d:' /I.9 /,�u��... //a!_� z ��s5� /a-0 ��C'�
I/d �//d II.,� /Isa �.�/I� �II..+ II�•a I/�' /I.,� I/.� �I/:+ I.I,a I/cs-'� II*9 I/:� I/.i II.,� /I.Fi.: /I�r.. �I/a II� I/�' /I.^i..� I/.� I/.�' I/�.� L��... �/I,� Ila�r
I
/I �A:��;
I
IA
/aA,.^.i I r.w
I
��ri':"
II.�
I
Ir�
�I.c1 II d.
I/�
I
�I �a:
j;� I I��
„I.d. /I,.2
I
/I<';: /.S.<'
II,��.�I /I�i
Id� II�
I/�
i
I
I 1 '�/�a
I/�s
IA
Ia
II
I
I
I 1 II.e
I.,.,.
ie�.•
i�
i�
u�a
i��
i
If
Is#..�:
�3.::i /.A
II.,�
I�; I�
i I��S
�q
L.��
l�9 A
II.� �J
I
I�� I�
I
II.�.; I/�a
Ii
I A.;
I�� /I.A.�+_'
I/�f
I
I.C+ I A.,,�
I
I
I I
a `i L i �i i r L L i i fi r i �i i i L�
iri ia i.� i�a i�.; i.e i�: i.� i t a.�R Ii a,� i� ia i.� i�c i� i_, i,� i,a i.�i i,� i.T i<A i� i<� ie
I
�s ��i�'i�ir, ��i,�- �ii� �u�; ��ia ,�i �i—��"� ��i�� ii�` iii ii u�: ii ��e,, ,��a.�. ii��' ii ii�<a is= i,4 �ii� �ii� i�i� u !,s i ��.s
q 8
City of Brooklyn Center 4 f y
Random Acts of Kindness Nomination Form
Nominator
Name:
5treet Address
City, State, Zip Code:
Telephone:
Nominee
Individual or Organization oY Grou�
Individual's Name: Name of Organization or Group:
Street Address: Street Address:
City, State, Zip Code: City, State, Zip Code:
7elephone: Telephone:
Brief summary of kind act (use additional sheets if necessary or submit separate letter)
Return Nomination Form BY OCTOBER 3, 2008, to: City of Brooklyn Center, Random Acts of
Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430.
Random Acts of Kindness
Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. In
October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups
who have erformed Random Acts of Kindness that help make our community a wonderful place
P
to live and work.
Anyone can nominate someone who has performed an act of kindness over the past year. You
may send a card or letter, or drawings or photographs of people performing kind acts, or use the
City's nomination form on the reverse side of this page. All Random Acts of Kindness nominees
are recognized by the City Council during an October meeting and presented a certificate. The
nominations are displayed at City Hall during the month of October.
Join us in celebrating kindness in our community. Nominate an individual or group today!
No act of kindness, however small, is ever wasted. Aesop
Walk a neighbor's dog- Pick up litter (Adopt-A-Street or
Donate your time to perform lawn P�'k)
services for the elderly or disabled Collect mittens ar socks and give to
Collect soda can tabs for recycling those in need
and give the proceeds to the Ronald Care for the sick
McDonald house Volunteer in the community
Make a paper chain with an act of (schools, hospitals, churches, etc.)
kindness written on each link Be a good neighbor
Smile at someone who is frowning Plant a tree
tran er's ex ired arkin Call a lonel erson
Feed a s y p
g P P g
meter Open a door
Donate to a food shelf or clothing In the grocery store, let a stranger
shelter behind you with only one item go
Draw a picture of someone first
performing a kind act Bake a hot dish for someone who
Photograph someone being kind to just returned from the hospital
another Pick up the mail for a senior citizen
Thank your secretary, boss, teacher, on your block each day
or friend for the little thin s the do Give blood
g Y
Read to a child Adopt a homeless pet at the Humane
Give flowers, just because Society
Donate books to a daycare or school Donate time at a senior center
Give a compliment Pat someone on the back
Tutor a student Clean graffiti from neighborhood
Be a Safety Patrol and help kids get walls and building
to and from school safely Transport someone who can't drive
City of Brooklyn Center Random Acts of Kindness Page 1 of 2
S. b �.�a'r x
3e, �L4 a
E �6
1ki ''*9..:
i
�a.�i.�.......
,f ...E%i';�.�`
Y
Home--BrooklynCenter Random Acts of Kindness
Printer-friendlv Versipn
eCitizen Center Since 1997 the City of Brooklyn Center has celebrated
Random Acts of Kindness. During October the Brooklyn What is a Random
Mayor i Council Center City Council recognizes all Brooklyn Center Act of Kindness?
Commissions Charter residents and groups who have performed Random Acts of Most people try to
Kindness that heip to make our community a wonderful fulfill obligations in
City Code of Ordinances p�ace to live and work life like doing their
fair share of chores
Residents An one can nominate someone who has erformed an act and supporting and
Y p comforting their
of kindness in the past year. You may send a card or letter families and friends
CommunitylNews/Events or drawings or photographs of people performing kind acts but these deeds
or look for the City's nomination form in an upcoming City are expected of us.
Departments/City Watch newsletter. Your nomination will be displayed at 1Nhen we make the
services Cit Hall, so feel free to make our nomination colorfut and extra effort of being
Y y kind when we aren't
Recreation attfaCtive. expected or required
to and surprise
econnect �o�i�ne- All Random Acts of Kindness nominees are recognized by someone including
registration) the City Council during an October meeting and are ourseives this is a
resented a certificate. Random Act of
p Kindness", a good
Community Center deed that is truly the
We look forward to hearing from you. Join us in celebrating embodiment of
Parks and Trails kindness in our community! compassion and
caring.
Centerbrook Golf Course Check out Random Acts of Kindness Recipients 2007!
Earle Brown Heritage
Center Random Acts of Kindness Nomination Form.
Cultural Diversity Ideas for Random Acts of Kindness
Government Links
Site Map
DisclaimeMCopyright
In Departments/City
Services:
Administration
Business Licensing
Elections and Voter
Registration
Human Resources
Employment
Deer Management
Plan
Random Acts of
Kindness
http://www.cityofbrooklyncenter. orglindex. asp?Type=B_BASIC&SEC= B5 5 59E 13-424... 10/ 10/2008
BCPD cont...
M Association to the efforts of officers, friends, family, coworkers, and
Police Explorers, as well as residents and businesses who support these efforts.
Q w�
illl
The Summer Games for Special Otympics Minnesota is held each year in June, primarily
at the Universiry of Minnesota. Over 1,200 athletes participated in the 2008 events.
More information about Special Olympics Minnesota can be found on their website at
wwwspecialolvmpicsminnesota.or�.
h i
v r 180 eo le en'o t e mus c o
Oe
P p 1 Y f
Officer Bill Koncar as they dine.
I I I I II
Do you know someone whose compassionate deed has made Brooklyn Center ldeas foT :Random ACtS Of Klndlless
a great place to live and work? The City Council wants to hear these stories.
Since 1997, the City of Brooklyn Center has celebrated Random Acts of r Volunteer at your child's school.
Kindness, recognizing Brooklyn Center residents, businesses and groups that 1� Pick up trash at a local park.
have performed Random Acts of Kindness. We hope that you will join us in 1� Shovel snow or rake leaves for a neighbor.
making this a signi�cant celebration for our community. 1� Call or visit a homebound person.
Mow a neighbor's grass.
The City Council is asking that you nominate someone who has performed an �r Cleangraffiti from neighborhood walls and
act of kindness in the past year. You may send a card or letter, drawings or buildings.
photographs of people performing kind acts, or use the City's nomination Transport someone who can't drive.
orm. Your nomination will be displayed at City Hall, so feel free to make your Read to a child.
omination colorful and attractive. Volunteer to frx up an elderly couple's home.
Collect goods for your local food shelf.
The City Council will recognize Random Acts of Kindness nominees at an Donate time at a senior center.
October meeting, and present each with a certificate acknowledging their q Give blood.
kind act. 1� Volunteer for planning community events.
We look forward to hearing from you!
Random Acts of Kindness Nomination Form
I/we. would like to nominate the following person, persons, group, classroom,
business, church, etc. for Random Acts of Kindness, to be celebrated in Brooklyn Center in October.
Name:
Address:
(include Street, City, Zip Code)
Brief Summary of Kind Act:
Use additional paper if needed.
Please Retum Nomination Form by October 5, 2008, to:
City of Brooklyn Center, Random Acts of Kindness, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430
City of Brooklyn Center
A Millennium Community
August 29, 2008
Dear Community Member:
Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. In October
the Brooklyn Center City Council would like to recognize all Brooklyn Center residents and
groups who have performed Random Acts of Kindness that help to make our community a
wonderful place to live and work. We hope that you will join us in making this a significant
celebration for our community.
We are asking that you or someone you know send us a card or letter, or use the enclosed
nomination form, nominating someone who has performed an act of kindness in the past year.
You may also send us drawings or photographs of people performing kind acts. Your
nomination will be displayed at City Hall, so feel free to make your nomination colorful and
attractive.
Random Acts of Kindness nominees will be formally recognized by the City Council during its
October 27, 2008, meeting. All nominees will receive recognition by the City Council in the
form of a commendation. By separate card, please be sure that we receive the name and address
of your nominee so that we can be certain that the City Council's commendation will be received
by your nominee. You and your nominee are invited to attend the City Council recognition on
October 27 at City Hall, 7 p.m. A letter will be mailed to you and your nominee prior to the
meeting to confirm the date and time of the recognition.
We look forward to hearing from you. Join us in celebrating kindness in our community!
Sincerely,
Tim Wilison, Mayor
Kay Lasman, Council Member
Mary O'Connor, Council Member
Dan Ryan, Council Member
Mark Yelich, Council Member
Enclosure
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
Brooklyn Center Business Association North Hennepin Area Chamber
Box 196 229 1 st Avenue NE Boy Scouts of America
Shingle Creek Pkwy Osseo MN 55369 5300 Glenwood Avenue
clyn Center MN 55430 Golden Valley MN 55422
Brookda�e Hennepin Library Brown College Minnesota School of Business
6125 Shingle Creek Parkway 6870 Shingle Creek Parkway 6050 Shingle Creek Parkway
Brooklyn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 55430
B C Charitable Foundation Twin West Chamber B C Community Education
c/o Phil Cohen 10700 County Rd 15 Suite 170 6500 Humboldt Avenue North
5501 Humboldt Ave N Plymouth MN 55441 Brooklyn Center MN 55430
Brooklyn Center MN 55430
B C Friendship Quilters Wovenhearts of BC
Joanne Holzknecht 6001 Earle Brown Drive
2618 65th Avenue North Brooklyn Center MN 55430
Brooklyn Center MN 55430
Brooklyn Center Lioness Brdoklyn Center Lions Club Twin Lake North
Betty Russell Len Lasman 4539 58th Avenue North
5312 North Lilac Drive 4407 Woodbine Lane Brooklyn Center MN 55429
�klyn Center MN 55430 Brooklyn Center MN 55429
CEAP Service League of Hennepin County B C Rotary
6840 78th Avenue North Medical Center Dean Nyquist, President
Brooklyn Park MN 55445 701 Park Avenue 5320 71st Circle
Minneapolis MN 55415-1829 Brooklyn Center MN 55429
B C Women's Club
Pat Ehrman The Crossings at Brookwood Community Corner
2833 67th Ln N 6201. Lilac Drive North 1500 69th Avenue North
Brooklyn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 55430
View Point Shingle Creek Wendy Erlien Earle Brown Terrace
6221 Shingle Creek Parkway Sun-Post Publications 6100 Summit Drive North
Brooklyn Center MN 55430 33 2nd Street NE Brooklyn Center MN 55430
Osseo MN 55369
Courage Center The Prairie Lodge at Earle Brown North Hennepin Comm College
Volunteer Coordinator 6001 Earle Brown Drive 7411 85th Avenue North
3915 Golden Valley Road Brooklyn Center MN 55430 Brooklyn Park MN 55445
Golden Valley MN 55422
Cities Senior Trans. Greater Mpls Girl Scout mmunit Television
Rita De Bruyn Peggy Erickson NW Co y
4221 Lake Road 5601 Brooklyn Boulevard 6900 Winnetka Avenue North
Robbinsdale MN 55422 Brooklyn Center MN 55429 Brooklyn Park MN 55428
RSVP Maranatha Place Maranatha Care Center
V nteer Coordinator 5415 69th Avenue North 5401 69th Avenue North
East Hennepin Avenue Brooklyn Center MN 55429 Brooklyn Center MN 55429
eapolis MN 55413
Brooklyn Historicai Society Volunteers In Action
P. O. Box 29345 4148 Winnetka Avenue North
Brooklyn Center MN 55429 New Hope MN 55427
Visit Minneapolis North North Suburban Kiwanis NWHHSC
Dave Looby Warren Lindquist 6120 Earle Brown Drive Suite 230
6200 Shingle Ck Pkwy Ste 248 7030 Ewing Avenue North Brooklyn Center MN 55430
Brooklyn Center MN 55430 Brooklyn Center MN 55429
Osseo Community Education BAPS-MW-MSP Hindu Church Northbrook Alliance Church
11200 93rd Avenue North 2300 Freeway Boulevard 6240 Aldrich Avenue North
Maple Grove MN 55369 Brooklyn Center MN 55429 Brooklyn Center MN 55430
Cross of Glory Lutheran Church Moving On Up Church Ministry Korean Presbyterian Church of MN
5929 Brooklyn Boulevard 6834 Humboldt Avenue North 5840 Humboldt Avenue North
Brooklyn Center MN 55429 Brooklyn Center MN 55430 Brooklyn Center MN 55430
Apostolic Lutheran Church North Citadel of Hope Worship Center Brooklyn United Methodist Church
6630 Colfax Avenue North 6625 Humboldt Avenue N 7200 Brooklyn Boulevard
Brooklyn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 55429
Grace Romanian Baptist Church Brookdale Covenant Church Fellowship Baptist Church
6206 Lilac Drive North 5139 Brooklyn Boulevard 5840 Lilac Drive North
Brooklyn Center MN 55430 Brooklyn Center MN 55429 Brooklyn Center MN 55430
Brookdale Christian Center BC Church of the Nazarene
6030 Xerxes Avenue North 501 73rd Avenue North
Brooklyn Center MN 55430 Brooklyn Center MN 55430
Jehovah Jireh Church of God in Christ Korean Evangelical United Methodist Lutheran Church of the Master
6120 Xences Avenue North 6830 Quail Avenue North 1200 69th Avenue North
Brooklyn Center MN 55430 Brooklyn Center MN 55429 Brooklyn Center MN 55430
�theran Church of the Triune God Hmong Community Alliance Church Spiritual Life Church
5827 Humboldt Avenue North 6240 Aldrich Avenue North 6865 Shingle Creek Parkway
Brooklyn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 55430
rh
Unity Temple Church of God in Christ
St. Alphonsus Church Kenyan Commurnty 7th Day Chu c 4801 63rd Avenue North
Halifax Avenue North 6625 Humboldt Avenue North Brooklyn Center MN 55429
clyn Center MN 55429 Brooklyn Center MN 55430
Good Shepherd Fellowship Imam Husain Islamic Center
6900 Humboldt Avenue North 6120 Brooklyn Boulevard
Brooklyn Center MN 55430 Brooklyn Center MN 55430
Palmer Lake Elementary School Garden City Elementary School Brooklyn Junior High School
Principal Principal Principal
7300 Palmer Lake Drive West 3501 65th Avenue North 7377 Noble Avenue North
Brooklyn Park MN 55429 Brooklyn Center MN 55429 Brooklyn Park MN 55443
North View Junior High School Park Center Senior High School Northport Elementary School
Principal Principal Principal
5869 69th Avenue North 7300 Brooklyn Boulevard 5421 Brooklyn Boulevard
Brook►yn Park MN 55428 Brooklyn Park MN 55443 Brooklyn Center MN 55428
Robbinsdale Middle School Sandburg Middle School Robbinsdale Cooper High School
3730 Toledo Avenue North 2400 Sandburg Lane Principal
bbinsdale MN 55422 Golden Valley MN 55427 8230 47th Avenue North
New Hope MN 55428
Hi hview Alternative Pro ram Brooklyn Center Jr-Sr High Earle Brown Elementary
g g Principal Principal
5400 Corvallis Avenue North 6500 Humboldt Avenue North 1500 59th Avenue North
Crystal MN 55428 Brooklyn Center MN 55430 Brooklyn Center MN 55430
Champlin Park High School Jackson Middle School Evergreen Park Elementary School
Principal Principal Principal
6025 109th Avenue North 6000 109th Avenue North 7020 Dupont Avenue North
Champlin MN 55316 Champlin MN 55316 Brooklyn Center MN 55430
Send To All City Advisory
Commissioners
UPDATED 8/8/07
Housing Commission Judy Thorbus Michael Johnson
Housing Commission Housing Commission
�yn Center MN 554 6265 Brooklyn Drive 5343 Sailor Lane
Brooklyn Center MN 55430 Brooklyn Center MN 55429
Gretchen Knutson Joshua Xiong Kris Lawrence-Anderson
Housin NWHHSC Commission Housing Commission
Housing Commission g
5143 Drew Avenue North 5706 Bryant Avenue North 5213 Eleanor Lane
Brooklyn Center MN 55429 Brooklyn Center MN 55430 Brooklyn Center MN 55429
Steve Landis Susan Shogren Smith
Housing Commission Financial Commission Financial Gommission
7l 18 Grimes Avenue North 600 62nd Avenue North
Brooklyn Center MN 55429 Brooklyn Center MN 55430 Brooklyn Center MN 55429
Todd Boster Philip Berglin
Financial Commission Financial Commission Financial Commission
6417 Willow Lane N, #5 601 Bellvue Lane
Brooklyn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 554
Mark Nemec Rex Newman Arvid (Bud) Sorenson
Financial Commission Financial NW Suburbs Cable Commission Park Recreation Commission
5538 Camden Avenue North 3107 61st Avenue North 6901 Toledo Avenue North
B oklyn Center MN 55430 Brooklyn Center MN 55429 Brooklyn Center MN 55429
Thomas Shinnick Gail Ebert Dan Starling
Park Recreation Commission Park Recreation Charter Commission Park Recreation
5324 Oliver Avenue North 1613 Irving Lane 2818 Mumford Road
Brooklyn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 55429
John Russell Muriel Lee Roger Peterson
Park Recreation Commission Park Recreation Commission Park Recreation Commission
5312 North Lilac Drive 7204 Perry Court West 1511 71st Avenue North
Brooklyn Center MN 55430 Brooklyn Center MN 55429 Brooklyn Center MN 55430
M�chael Parks Kara Kuykendall Della Young
Planning Commission Planning Commission Planning Commission
3218 64th Avenue North 5507 Irving Avenue North 5444 Dupont Avenue North
Brooklyn Center MN 55429 Brooklyn Center MN 55430 Brooklyn Center MN 55430
Rachel Lund Sean Rahn Timothy Roche
Planning Commission Planning Commission Planning Commission
5725 Aldrich Avenue North 5740 Irving Avenue North 816 69th Avenue North
Brooklyn Center MN 55430 Brooklyn Center MN 55430 Brooktyn Center MN 55430
i
Stan Leino Gary Brown H. Bruce Lund
Planning Charter Commissions Charter Commission Charter Commission
7 rance Avenue North 7012 Willow Lane North 5'725 Aldrich A
venue North
B�yn Center MN 55429 Brooklyn Center MN 55430 Brooklyn Center MN 55430
Eileen Oslund Edward Nelson Richard T. Phillips
Charter Commission Charter Commission Charter Commission
6000 Ewing Avenue North 5236 Great View Avenue North 7200 Logan Avenue North
Brooklyn Center, MN 55429 Brooklyn Center MN 55429 Brooklyn Center MN 55430
Mary Nierengarten
Charter Commission Charter Commission Charter Commission
7024 Knox Avenue North
Brooklyn Center MN 554 Brooklyn Center MN 554 Brooklyn Center MN 55430
Harold Middleton
Charter Commission Charter Commission Charter Commission
5418 Oliver Avenue North Brooklyn Center MN 554 Brooklyn Center, MN 554
Brooklyn Center MN 55430
Charter Commission Charter Commission Charter Commission
Brooklyn Center MN 554 Brooklyn Center, MN 5454 Brooklyn Center, MN 554
Christine Eaton
Charter Commission NWHHSC Advisory Commission NWHHSC Advisory Commission
Brooklyn Center, MN 554 7007 Dallas Road
Brooklyn Center, MN 55430 Brooklyn Center MN 554
Abiy Assefa Kathleen Carmody
Watershed Commission NW Cab1e Communications Watershed C.ommisszon
7204 Perry Court West 7024 Knox Avenue North
Brooklyn Center MN 55429 Brooklyn Center MN 554 Brooklyn Center MN 55430
James Carison Greg McGeary
3 Violet Avenue North 3007 Thurber Road
�lyn Center MN 55429 Brooklyn Center MN 55429
Steve Boone Tom Kouri Charles Gellerman
6712 Bryant Avenue North 6416 Willow Lane 3853 Oak Street North
Brooklyn Center MN 55430 Brooklyn Center MN 55430 Brooklyn Center MN 55429
Yvonne Quady William Hawes Everett Lindh
4725 Twin Lake Avenue North 3612 53rd Avenue North 2107 55th Avenue North
Brooklyn Center MN 55429 Braoklyn Center MN 55429 Brooklyn Center MN 55430
Jody Brandvoid Gordon Gunderson Mary Jo Danieison
4201 Lakeside Avenue North #105 6507 Chowen Avenue North 6223 Major Avenue No�th
Brooklyn Center MN 55429 Brooklyn Center MN 55429 Brooklyn Center MN 55429
Patricia Weitzel Tony Kuefle��
4418 66th Avenue North 5943 Abbott Avenue North
Brookiyn Center MN 55429 Brooklyn Center MN 55429
THE FOLLOWING PEOPLE ARE
NOT PART OF NEIGHBORHOOD
ADVISORY GROUPS JUST WANT
TO GET COMMISSION POSTING
Kathle�n Ganter
5936 Xerxes Avenue North
Brooklyn Center MN 55430
City Council Agenda Item No. 8c
i�
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Shaxon Knutson, City Clerk
DATEa October 20, 2008
SUBJECT: Resolution Expressing Recognition and Appreciation of Joshua Xiong for His
Dedicated Public Service on the Northwest Hennepin Human Services Council
Advisory Commission
Recommendation:
It is recommended that the City Council consider adoption of Resolution Expressing Recognition
and Appreciation of Joshua Xiong for His Dedicated Public Service on the Northwest Hennepin
Human Services Council Advisory Commission.
Backgt-ound:
Joshua Xiong served on the Northwest Hennepin Human Services Council Advisory
Commission from September 12, 2005, through October 15, 2008. Mayor Willson has requested
that residents be recognized for their service on commissions by Council Resolution.
Budget Issues:
There are no budget issues to consider.
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF
JOSHUA �IONG FOR HIS DEDICATED PUBLIC SERVICE ON THE
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY
COMMISSION
WHEREAS, Joshua Xiong served on the Northwest Hennepin Human Services
Council Advisory Commission from September 12, 2005, through October 15, 2008; and
WHEREAS, he has made significant contributions as a member of the Northwest
Hennepin Human Services Council Advisory Commission, including identifying and prioritizing the
human services needs of the community and how these needs can best be met;�and
WHEREAS, his leadership and expertise have been greatly appreciated by the
Northwest Hennepin Human Services Council Advisory Commission; and
'v' c effort for the betterment of the community
WHEREAS his ublic service and ci i
P
merit the gratitude of the citizens of Brooklyn Center; and
WHEREAS, it is highly appropriate that his service to the community should be
recognized and expressed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that Joshua Xiong is hereby recognized and appreciated by the City of
Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the
leadership and service he has rendered to the citizens of Brooklyn Center.
October 27, 2008
Date Mayar
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. lla
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: David Peterson, Deputy Director of Public Works
DATE: October 20, 2008
SUBJECT: Resolution Accepting Work Performed and Authorizing Final Paym�nt,
Improvement Project Nos. 2007-05, 06, 07 08, Contract 2007-B, Riverwood
Area Neighborhood Street, Storm Drainage and Utility Improvements
Recommendation:
Public Warks staff recommends that the Brooklyn Center City Council accept the wark performed
and authorize final payment for the Riverwood Area Neighborhood Street, Storm Drainage and
Utility Improvement project.
Background:
On April 9, 2006 the City Council awarded Contract 2007-B to C.W. Houle Inc. of Shoreview,
Minnesota for the construction of the Riverwood Area Neighborhood Street and Utility
Improvement project. C.W. Houle has completed the construction work and is now requesting final
payment for the project.
Budget Issues:
The original contract amount for the Riverwood Area Neighborhood Improvements was
$3,627,302.12. The City Council approved Change Order No. 1 on July 23, 2007 in the amount of
$15,000 and Change Order Na 2 on October 22, 2007 in the amount of $27,785.58 in order to revise
the scope of work pursuant to the written contract. The total value of work certified for final
payment is $3,544,997.36 which includes Change Order No. 1 and Change Order No. 2 and final
contract quantity adjustments. The project was completed within budget. The attached resolution
provides a summary of funding sources for the project.
Riverwood Final Pavment Resolution
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING
FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2007-05, 06, 07, AND 08,
CONTRACT 2007-B, RIVERWOOD AREA NEIGHBORHOOD STREET
STORM DRAINAGE AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center,
Minnesota, C. W Houle, Inc. of Shoreview, Minnesota has completed the following improvement in
accordance with said contract:
Improvement Project Nos. 2007-05, 06, 07 08, Contract 2007-B, Riverwood Area
Neighborhood Improvements Street, Storm Drainage and Utility Improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. Final payment shall be made on Improvement project Nos. 2007-05, 06, 07
and 08, Contract 2007-B, Riverwood Area Neighborhood Improvements,
taking the contractor's receipt in fulL The total amount to be paid for said
improvements under said contract shall be $3,544,997.36.
2. The estimated project costs and revenues are hereby amended as follows:
COSTS As Ori�inal Award As Final
Contract 3,627,302.12 3,504,931.23
Contingency Costs 215,000.00 24,166.89
Change Order No. 1 0 12,280.55
Change Order No. 2 0 27.785.58
Subtotal Construction Cost 3,842,302.12 3,569,164.25
Admin/Legal/Engr. 231,000.00 263,678.64
Reforestation 28,000.00 19,147.25
Total Estimated Project Cost 4,101,302.12 3,851,990.14
RESOLUTION NO.
REVENUES As Ori�inal Award As Final
Street Assessment 597,176.00 597,176.00
4 049.57
9
Other Funding Sources 0
Storm Drama e Assessment 177 407.00 177 407.00
g
Water Utility Fund 581,949.30 564,840.22
Sanitary Sewer Utility 352,290.40 346,984.34
Storm Drainage Utility Fund $1,146,446.07 1,026,503.96
Street Reconstruction Fund $1,214,075.25 1,060,317.05
EBC Capitol Project 2,902.60 2,902.00
Street Light Utility Fund 9.055:50 26,$10.00
Total Estimated Revenue $4,101,302.12 3,851,990.14
October 27, 2008
Date Mayar
ATTEST:
C'rty Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereo£
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. llb
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: David Peterson, Deputy Director of Public Works �'G��
DATE: October 20, 2008
SUBJECT: Resolution Approving an Addendum to Contract, Improvement Project No. 2008-
15, Fiber Optic East and West Fire Stations
Recommendation:
It is recommended that the Council accept the addendum to the contract and provide Access
Communications a 240-foot by 10-foot easement in Central Park. In return, Access
Communications agrees to perform Gopher State One underground locates for the City's new
adjacent fiber optic cable.
Background:
On September 8, 2008, the City Council awarded Improvement Project No. 2008-15 to Access
Communications of Plymouth, Minnesota for the construction of the fiber optic netwark to connect
to the Fire Stations. The contractor, Access Communieations, has previously installed fiber optic
lines jointly with the City including conduits in a joint trench serving both the City and Access
Communication. As a part of an approved agreement for that joint work, Access Communication
agreed to perform the required Gopher State One underground locates for both the City's and their
fiber optic lines in return for an easement to place their line in Central Park. As part of this year's
fiber optic line project, Access Communica�ions is again requesting the City to consider providing
an additional easement in Central Park in return for performing locates for the city's new fiber aptic
line installed in the joint trench areas.
Budget Issues:
In order to prepare and describe the necessary easement, the City would hire a professional surveyor
to locate the new fiber optic line after installation and prepare a legal description for the 10-foot
easement. The estirnated cost to perform the survey and prepare the easement would be
approximately $Z,000. This cost would be funded through the project out ofthe Technology budget.
The City would benefit by experiencing a cost savings pertaining to the future efforts necessary for
locating the new City-owned fiber optic line. The estimated cost associated with locating the City's
line is a roximately $650 per year, which amounts to $13,000 over 20 years.
PP
Fiber Optic Resolution
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING AN ADDENDUM TO CONTRACT,
IMPROVEMENT PROJECT NO. 2008-15, FIBER OPTIC EAST AND WEST
FIRE STATIONS
WHEREAS, the City of Brooklyn Center and Access Communication made and
entered into an agreement entitled "FIBER OPTIC AGREEMENT" dated August 22, 2005 (the "2005
Agreement"), which provided generally for the installation by Aceess of fiber optic conduit and cable
and related facilities; and
WHEREAS, City and Access made and entered into an agreement entitled
"CONTRACT" dated September 8, 2008 (the "2008 Agreement"), providing generally for the
installation of fiber optic conduit and cable and related facilities; and
WHEREAS, Access wishes to install additional fiber optic conduit and cable and
related facilities for its own use in conjunction with the installation of conduit, cable and related
facilities for the City under the 2005 Agreement and the 2008 Agreement, and to secure an additional
easement for fiber optic cable, for the consideration, and on the terms and conditions hereinafter set
forth, which terms are acceptable to the City.
NOW THEREFORE BE IT RESOLVED b the Ci Council of the City of
Y tY
Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized and
directed to execute the Agreement and Addendum set forth in Attachment A, which is attached
hereto and incorporated herein by reference, with Access Communications, Inc. Plymouth,
Minnesota in the name of the City of Brooklyn Center for land usage and locating services,
subject to minor changes not affecting the substance of the agreement as approved by the City
Manager and the City Attorney.
October 27, 2008
Date Mayor
ATTEST:
City Clerk
The rnotion for the adoption of the foregoing resolution was duly seconded by member
And upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
AGREEMENT AND ADDENDUM
This Agreement and Addendum is made this day of 2008, by and
between the City of Brooklyn Center, a Minnesota municipal corporation ("City"), and Access
Communications, Inc., a Minnesota corporation ("Access").
WITNESSETH:
WHEREAS, City and Access made and entered into an agreement entitled "FIBER
OPTIC AGREEMENT" dated August 22, 2005 (the "2005 Agreement"), which provided
generally for the installation by Access of fiber optic conduit and cable and related faciiities; and
WHEREAS, City and Access made and entered into an agreement entitled
"CONTRACT" dated September 8, 2008 (the "2008 Agreement"), providing generally for the
installation of fiber optic conduit and cable and related facilities; and
'i WHEREAS, Access wishes to install additional fiber optic conduit and cable and related
facilities for its own use in conjunction with the installation of conduit, cable and related
facilities for the City under the 2005 Agreement and the 2008 Agreement, and to secure an
additional easement for fiber optic cable, for the consideration, and on the terms and conditions
hereinafter set forth, which terms are acceptable to the City.
NOW, THEREFORE, on the basis of the premises and the mutual covenants and
promises hereinafter set forth, the parties hereto agree as follows:
1. Definitions. For purposes of this Agreement, the following terms shall have the
meanings given below:
1.1. "City Fiber 0ptic Facilities" means the conduit, fiber optic lines and associated
facilities installed by Access for the City under the 2005 Agreement and the 2408
Agreement.
1.2. "Access Fiber Optic Facilities" means the conduit, fiber optic lines and related
facilities of Access installed in conjunction with the installation of tlie City fiber
optic facilities under the 2005 Agreement, or the 2008 Agreement, or this
Agreement, or authorized to be installed by Access under the 2005 Agreement,
the 2008 Agreement, or this Agreement.
2. Easement. The City will execute and deliver to Access an easement for two conduits for
fiber optic lines and related facilities following the line delineated on Attachment One to
this Agreement and Addendum, with legal descriptions to be provided by the City upon
completion of the installation of the fiber optic lines by Access. Access is authorized to
install up to two conduits for fiber optic lines and related at-grade or below-grade
faci�ities in the area of such easement.
341876v1 CLL BR291-10 1
3. Access Fiber Outic Facilities. Access is authorized to install two conduits for fiber
optic lines and related at-grade or below-grade facilities in the trenches of the City Fiber
Optic Facilities and in the easement described in paragraph 2.
3.1. Access shall complete construction of all such facilities no later than
December 30, 2008.
3.2. Access shall maintain all Access Fiber Optic Facilities for its own use at its own
expense.
3.3. Access shall provide paper and electronic AutoCAD drawings of the as-built
blueprints docurnenting conduit, hand holes, �usions, splices, cable runs and
terminations.
3.4. Access shall provide the City a minimum of seven days' notice prior to
maintenance of Access Fiber Optic Facilities that would have an impact on the
City except in the case of emergencies, where the City shall be notified as soon
as possible.
4. Locates. Access shall provide, at its sole expense, all locates for the City Fiber Optic
Facilities and the Access Fiber Optic Facilities in full compliance with all requirements
of Minn. Stat. 116D.01 to 116D.07, Minnesota Rules, Chapter 7560, and all other laws
or regulations governing the locating and marking of buried utility factlities.
5. Term. The term of this Agreement shall be until the later of: (a) the removal of all
Access Fiber Optic Facilities, or (b) August 22, 2025.
6. Termination. Either party may terminate this Agreement for material breach. The non-
breaching party shall provide written notice to the breaching party describing in
reasonable detail the nature, scope; extent of breach and the necessary cure deadline
under the circumstances. The non-breaching party may terminate if the breaching party
has not remedied the breach within the time period reasonably necessary to the non-
breaching party. The parties agree that time is of the essence for the parties in the
operation and maintenance of the fiber. All breaches must be remedied within an
appropriate time to allow continued operation. In the event of termination by the City for
material breach by Access, all Access Fiber Optic Facilities shall be removed within 180
days of the effective date of termination.
7. Authorized Representatives. Each party shall designate a representative for purposes
of administration of this Agreement (the "Authorized Representative"). Each Authorized
Representative shall have authority, for acceptance of services and shall be the point of
contact for all payments due under this Agreement. Either party changing the
designation of its Authorized Representative shall notify the other party pursuant to the
notice provision of this Agreement.
341876v1 CLL BR291-10 2
Access's Authorized Representative:
City's Authorized Representative: City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
8. Assi�n�nent. Except as specifically provided herein, neither party shall assign, transfer
or delegate any rights or obligations under this Agreement either directly or indirectly by
any means, by operation of law or otherwise without the prior written consent of the
other party, which consent shall not be unreasonably withheld.
9. Indemnifeation. Subject to Section 10 below, each party shall indemnify and hold
harmless the other from and against any and all claims, damages, liabilities, losses and
expenses, including reasonable attorney's fees incurred in defense or otherwise arising
from the performance of or failure to perform obligations pursuant to this Agreement, or
from the negligent or unlawful use, or intentional misuse, of the City Fiber Optic
Facilities or the Access Fiber Optic Facilities.
10. Limitation of Dama�es. The City does not waive its liability limitations under law.
The liability of each party to the other shall be limited to foreseeable damages arising out
of the negligent action or inaction of the other party. Subject to recovery of attorney's
fees under Section 9, neither party shall be responsible to the other for attorney's fees.
1 L Amendments. Any amendments to this Agreement shall be in writing and shall be
executed by the same parties (or their successors in interest) who executed this
Agreement.
12. Governing Law. This Agreement shall be governed by the laws of the State of
Minnesota.
13. Notices. All notices and other communications required or permitted hereunder shall be
given in writing and shall be: a) personally delivered; b) sent by facsimile transmission or
other electronic means of transmitting written documents; or sent to the parties at their
respective addresses indicated here by registered or certified U.S. mail, return receipt
requested and postage prepaid, or by private overnight mail courier service.
If personally delivered, such communication shall be deemed delivered upon actual
receipt; if electronically transmitted, such communication shall be deemed delivered the
next business day after transmission; if sent by overnight courier, such communication
shall be deemed delivered upon receipt; and if sent by U.S. mail, such communication
341876v1 CLL BR291-10 3
shall be deemed delivered as of the date of delivery indicated on the receipt issued by the
relevant postal service. The parties to this Agreement may change its address for the
purposes of this Agreement by giving notice thereof in accordance with this section.
14. Force Maieure. The parties understand that acts of God, acts of civil or military
authority, government regulations not required at the time of this Agreement, embargoes,
epidemics, war, terrorist acts, riots, fires, explosions, earthquakes, floods or other
unusually severe weather conditions or other environmental disturbances, strikes, or
other circumstances not under the control of the parties ("Force Majeure") may delay
performance as set forth in this Agreement. In the event a Force Majeure event
materially limits either party's or the parties' ability to perform under this Agreement
such limitation shall not be considered a breach of the terms of this Agreement.
15. Miscellaneous.
15.1 The failure of either party to give notice of default, or to enforce or insist upon
compliance with any of the terms or conditions of this Agreement, the waiver of
any term of condition of this Agreement, or the granting of any extension of time
for performance, shall not constitute the permanent waiver of any term or
condition of this Agreement, and this Agreement and each of its provisions shall
remain at all times in full force and effect until modified by the parties in writing.
15.2. This Agreement sets forth the entire understanding of the parties.
15.3. This Agreement shall be binding and inure to the benefit of the parties hereto and
their respective successors and assigns.
15.4. Each party warrants and represents that it is duly authorized to execute this
Agreement.
16. Amendment of 2005 and 2008 Agreements. This Agreement and Addendum is an
amendment and addendum to the 2005 Agreement and the 2008 Agreement, each of
which agreements is modified and amended to the extent of any inconsistency herewith.
Except as modified by this Agreement and Addendum, the 2005 Agreement and the 2008
Agreement remain in full force and effect.
341876v1 CLLBR291-]0 4
IN WITNESS WHEREOF the arties have caused this A eement to be duly executed
P
intending to be bound thereby.
CITY OF BROOKLYN CENTER ACCESS COMMUNICATIONS, INC.
By By
Tim Willson Date Date
Its: Mayor Its:
By:
Cornelius Boganey Date
Its: City Manager
341876v1 CLL BR291-10 5
ACCESS COMMUNI�TIONS EASEMENT
s F
fi' a �P v
�..tiN1
,:,k{ �I
A
4 I
g �a�J'
v
OO .w �r, w
M. i 3 Ir
x
��.fll�.
APPROXIMATE C��ATIONS OF
PROPOSED 10 FT EASE�IENT
f
a
�i.
'i h y
i
i
m, a
T t, �irf
m
—�5-�-�
T� GR UG
4 y_
IBER UG
���t
C L
I '7F
APPROXIMATE LOCATIONS OF
EXISTING 10 FT EASEMENT
rT
l 1;�.,-�� �s
I '�a 4 x
4� r_�� x
PROPOSED EASEMENT
r���J EXISTING EASEMENT
PROPOSED ALIGNMENT ATTACHMENT ONE
City Council Agenda Item No. llc
i
P
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Community Development Director
DATE: October 22, 2008
SUBIECT: An Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding
License Requirements for the Sale of Motor Vehicles. (Deleting the Assessed Value
Requirement of Building/Land Ratio)
RECOMMENDATION:
It is recommended that the City Council, following the public hearing, adopt an ordinance
amending Chapter23 of the City Code of Ordinances Regarding Licensing Requirements for the
Sale of Motor Vehicles.
Back round:
g
At the October 13, 2008, City Council Work Session there was a discussion on the regulations
pertaining to the licensing of new and used car dealerships and the current zoning of these
types of land uses within the C2 Commerce District as Special Uses.
The consensus of the Council was to proceed with two ordinance amendments which seek to
strengthen the integrity of the City's Code, reduce the risk of potential legal challenges, and
promote productive land uses:
An Ordinance amendment to Chapter 23 of the City Codes relating to the application
requirements for licensing "Sale of Motor Vehicles". (deleting the requirements
associated with a building to land value ratio as determined by the City Assessor)
An Ordinance amendment to Chapter 35 of the City Codes by adding minimum
standards (not less than 3 acre lot size and not less than 15% building coverage) for
the Special Use "The Sale of Motor Vehicles at Retail" within the C2 Commerce
District.
Attached for your reference is a copy of the staff inemo prepared for the October 13 City
Council Meeting.
This ordinance amendment deletes the requirement that a licensee not operating under a new
car franchise shali have a City Assessor's building value equal to at least twice the value of the
land.
Additionally, it clarifies that the licensee shall provide, operate, and maintain on its premises in
the City of Brooklyn Center an equipped and manned repair shop or facility capable of repairing
the motors, engines, brakes, lights, tires, electrical and other operating equipment of any motor
vehicle sold by such dealer.
Budget Issues: There are no budget issues.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of 2008, at
7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an Ordinance Amending Chapter 23 of the City Code of Ordinances
Regarding The Sale of Motor Vehicles.
Au�ciliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23 OF TI� CITY CODE OF
ORDINANCES REGARDING TI� SALE OF MOTOR VEHICLES
THE CITI� COUNCIL OF TI� CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section l. Section 23-1204 of the Brooklyn Center City Code of ordinances is
hereby amended as follows:
Section 23-1204. CONDITIONS IN, OF AND FOR MOTOR VEHICLE
DEALER LICENSES. No motar vehicle dealer's license shall be issued except under the
following conditions:
a. No Class A motar vehicle dealer license shall be issued to any person who does
not possess and operate under a new car franchise or contract in and for the City of
Brooklyn Center, except that such license may be issued to any person not
operating under such new car franchise if such licensee operates and maintains on
its premises in Brooklyn Center an enclosed repair garage, a showroom or other
car display or rental structure on the land �::a
f„i� n;� n i io rt,o „a �,ii .,�„o .,f �.,.,a
�J�e�i-�ee�� �f �a °a and meets the zonin�
reauirements and nerformance standards of the citv codes.
b. Every Class A licensee shall provide, operate and maintain on its nremises in the
City of Brooklyn Center an equipped and manned repair shop or
facility capable of repairing the motors, engines, brakes, lights, tires, electrical and
other operating equipment of any motor vehicle sold by such dealer.
e. Everv uremises for which a license is required under this
ordinance shall have on file an approved application for plan approval with the
Secretary of the Brooklyn Center Planning Commission. Such application shall
be accompanied by a detailed map, plat or drawing of the place of business for
1
which such license is to be issued showing among other information, the address,
location and dimensions thereof; the location, type and dimensions of any
building, fence, and lighting equipment thereon; the intended plan of all vehicle
parking, the location and dimensions of processed car storage space; all curb
openings; all driveways and alleyways therein and thereon; and a certificate by the
City Engineer approving the drainage and paving on such place of business.
Section 2. Section 23-1205 of the Brooklyn Center City Code of ordinances is
hereby amended as follows:
Section 23-1205. APPLICATION FOR LICENSE. The application for any
license hereunder shall be made in writing and signed by the applicant on forms provided by
the City Clerk, which application shall show, among other information, the names, residence
or principal place of business and age or ages of all individual applicants; if a partnership, the
names, addresses and ages of all partners; if a corporation, the names and addresses of all the
officers and stockholders thereof; proof of a dealer's license authorizing the
licensee to sell new and/or used cars in Brooklyn Center,
�ra f �f �°r a;�r��� ?°n�_� as set forth in Section 23-1204 (a and bl herein; the
business or occupation and residence addresses of the applicant for a period of three years
immediately prior to the date of such application, including all partners, officers, or
stockholders; any previous insolvency or bankruptcy of any applicant; and such other
S pertinent, relevant or material information as the City may from time to time require. All
applications for such licenses shall be accompanied by the information described in Sections
4 and 5 of this ordinance.
Section 3. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2008.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeouts indicate matter to be deleted, underline indicates new matter.)
i
2
MEMORANDUM COUNCIL WORK SESSION
DATE: October 13, 2008
T0: Curt Boganey, City Manager
FROM: Gary Eitel, Community Development Director
SUBJECT: Amendments relating to the issuance of MOTOR VEHICLE DEAl.ER LICENSES.
COUNCIL ACTION REQUIRED:
A motion to authorize staff to proceed with the following amendments:
An Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding the Sale of Motor
Vehicles. Application requirements for City License Deletian of Building/Land Assessed
Valuation Ratio).
An Ordinance Amendment to Section 35-322, Para 3(a) Special Uses the sale of motor
vehicles at retail {minimum lot size and minimum building coverage).
BACKGROUND INF�RMATION:
The Zoning Ordinance presently allows the sale of motor vehicles at retail as a Special Use
within the C2 COMMERCE DISTRLCT (Section 35-322, Para. 3- e).
Section 35-220, SPECIAL USE PERMITS, defines the Procedures, Standards for Special Use
Permits, Conditions and Restrictions, Resubmission, Revocation and Extension of Special Use
Perm its.
The 5pecial Use Permit application process includes a public hearing before the Planning
Commission and approval by the City Council which may include conditions, and restrictions
upon the establishment, location, construction, maintenance, and operation of the special use
as deemed necessary for the protection of the public interest and to secure compliance with
requirements specified in the ordinances.
Also, Chapter 23, General Licensing Regulations, addresses the licensing associated with "SALE
OF MOTOR VEHHICLES". Section 23-120Z, License Reauired, states that no person shall be
engaged in the business of buying, selling, displaying, or offering for 5ale new or used motor
vehicles at any place of business without first obtaining an appropriate license as required
underthis ordinance.
The licensing regulations defines mota� vehicles into two classes:
Class A applies to cars (any new or used automobile or truck)
Class B applies to motorcycles and any other type of land vehicle propelled by a motor
other than cars.
Section 23-1204, CONDITIONS IN. OF AND FOR MOTOR VEHICLE DEALER LICENSES, states that
no motor vehicle dealer's (icertse shall be issued except under th� following conditions:
a) No Class A motor vehicle dealer license shall be issued to any person who does not possess
and operate under a new car franchise or contract in and for the City of Brooklyn Center,
except that such license may be issued to any person not operating under such new car
franchise if such licensee operates and maintains in Brooklyn Center an enclosed garage,
showroom, or other car display or rental sfiructure on the land which structure shall have a
true and full City Assesso�'s value equal to at least twice the true and full value of land used
by such lieensee in the sale of new and used cars.
b) Every Class A Licensee shall provide, operate, and maintain in the City of.Brooklyn Center at
least one equipped and manned repair shop or facility capable of repairing the motors, engines,
brakes, lights, tires, electrical and other operating equipment of any motor vehicfe sold by such
dealer.
c) No motor vehicle dealer license of any class shall be issued for any place or business which is
not zoned therefore.
d) Each licensee shall provide sufficient parking spaces on licensee's premises for all motor
vehicles repaired and processed by such licensee.
e� The applicant for any license required under this ordinance shall file an application for plan
approval with the Secretary of the Brooklyn Center Plann+ng Commission. Such application
shall be accampanied by a detailed map, plat or drawing of the place of business, for which
suc�i license is to be issues showing among other information the following:
address, location, and dimensions thereof;
location, type, and dimensions of any bui{ding, fence, and lighting equipment thereof;
the intended plan of all vehicle parking;
the location and dimension of processed car storage space;
all curb openings;
all driveways and alleyways therein and thereon; and
a certificate by the City Engineer approving the c�rainage and paving on such place of
business.
(Unless changes are thereafter made, the same plan or map and other information need not be
resubmitted for any renewal)
f� The payment of the fees hereinafter set forth;
g) The approval and filing of the bond as hereinafter set forth for Class A licenses;
h) The obedience to all of the other conditions and provisians, governing such business or
operation set forth in this ordinance, other ordinances of Brooklyn Center, and the laws of the
State of Minnesota.
An issue with Section 23-1204 (a) is that the City Assessor has indicated that assessing
practices have weighed the assessed valuation of sales lots on the land and not on the
baitdings.
This issue can be resolved by deleting the building to land valuation standard from the
licensing application and adding a minimum lot size of 2 acres and minimum building
coverage of 15 to the Special Use provision of the C 2 Zoning District.
The City recently approved the Luther Auto PUD proposals which included the following:
Lot Area Bld�. Coverase
Buick, GMC, Pontiac 2.15 acres 21.54
Chevro(et 8.55 acres 16.07
Honda (new) 8.17 acres 15.3
.Toyota 8.29 acres 16.4
I�
Other dealerships within the City include:
Mitsubishi Mazda approx 5 10.55
(usable acres)
Honda (existing) 5.03 acres 20.
Former Chry5ler Dealership 5.13 acres 12.82
With the exception of the existing Honda Dealership, a1{ sites have been approved as part of
PUD applications which include City Council Resolutions with conditions and considerations for
the development and use of each site.
Council Policv Issues:
easurable standard such as
The changes to the licensing applicat►on and use of a cons�stent m
minimum 1ot size and minimum lot coverage provides equal standards for new and used car
dealerships, while maintaining the intent of productive land uses which enhance the City's tax
base. It strengthens the integrity of the City's ordinance and reduces risk of potential legal
challenges.
Attachments: Chapter 23 —1200 Sale of Motor Vehicles
Chapter 35-322 C2 Commerce District
Draft Amendment to Chapter Z3
SALE OF MOTOR VII�CLES
Sectian 23-1201. DEFIlVITI�NS. As used in the ordinance, the following terms shall
mean:
a. Car. Any new or used automobile or truck.
b. Dealer in Motor Vehicles. Any person, fixm, or corgoration, together with any
subsidiary or branch thereof engaged in the business of buying, selling, displaying or
offering for sale new or used motor vehicles as a principal business or occupation.
The dealer in motor vehicles will also be referred to herein as "dealer" or "licensee".
c. Motor Vehicle. For the purpose of this ordinance motor vehicles shall be of the two
following classes:
1. Class A will apply to cars;
2. Class B will apply to and mean motorcycles and any other type of land vehicle
propelled by a motor other than cars.
d. Executive Official House Car or Demonstrator These terms shall apply
only to any motor vehicles which have actually been used by either a bona fide
official or regresentative of the manufacturer or by the dealer making the sale offer
and which have never been sold to a member of the public.
City of Brooklyn Center 23-45 City Ordinance
e. Sale. The term "sale" is defined and is deemed to have taken place only when the
dealer and the customer have agreed, in writing, on at least all of the following
elements:
L The make, madel, type and year of the ma�ufacture of motor vehicle intended
to be sold to and purchased by the customer, including the agreed date of
delivery to the customer.
2. The net purchase price to be paid therefore by the customer f.o.b. Brooklyn
Center, including any amount allowed for a trade-in.
3. A,mount of down payment, if any.
4. The cost of additional repairing, servicing or parts, if any.
Section 23-1202. LICENSE REQUIRED. No person shall be engaged in the business of
buying, selling, displaying or offering for sale new or used motor vehicles at any place of
business without first obtaining an appropriate license as required under this ordinance.
i Section 23-�203. SEPARATE LICENSES. Each license shall have an established place
of business, and each license shall authorize business at only the designated premises. If a
licensee has more than one place of business, a separate license is required for each.
Section 23-1204. CONDITIONS IN, OF ANU FOR MOTOR VEHICLE DEALER
LICENSES. No motor vehicle dealer's license shall be issued except under the following
condition�:
a. No Class A motor vehicle dealer license shall be issued to an erson who does not
YP
possess and operate under a new car franchise or contract in and for the City of
Brooklyn Center, except that such license may be issued to any person not operating
under such new caz francMse if such licensee operates and maintains in Brooklyn
Center an enclosed garage, showroom or other car display or rental structu.re on the
land, which structure shall have a true and fuli Gity Assessar's value equal to af least
twice the true and full value of land used by such licensee in the sale of new and used
cars.
b. Every Class A licensee shall provide, operate and maintain in the City of Brooklyn
Center at least one equipped and manned repair shop or facility capable of repairing
the motors, engines, brakes, lights, tires, electrical and other operating equipment of
any motor vehicle sold by such dealer.
c. No motor vehicle dealer license of any class shall be issued for any place or business
which is not zoned therefore.
i City of Brooklyn Center 23-46 City Ordinance
d. Each licensee shall provide sufficient parking space on licensee's premises for all
motor vehicles repaired or processed by such licensee.
e. The applicant for any license required under this ordinance shall file an application
for plan agproval with the Secretary of the Brooklyn Center Planning Commission.
I� Such apglicafiion-shall be accompanied by a detailed map, pl�t or drawing of the place
of business for which such license is to be issued showing among other information,
the address, locadon and dimensions thereof; the location, type and dimensions of any
building, fence, and lighting equipment thereon; the intended plan of all vehicle
arkin the location and dimensions of processed car storage space; all curb
P g
openings; aIl driveways and alleyways therein and thereon; and a certificate by the
City Engineer approving the drainage and paving on such pl
ace of business.
Unless changes are thereafter made, the same plan or map and other information need
not be resubmitted for any renewal.
f. The payment of the fees hereinafter set forth.
g. The approval and filing of the bond as hereinafter set forth for Class A licenses.
h. The abedience to all of the other conditions and provisians, governing such business
or operarion set forth in this ordinance, other ordinances of Brooklyn Center, and the
laws of the State of Minnesota.
Section 23-1205. APPLICATION FOR LICENSE. The application for any license
hereunder sha11 be made in writing and signed by the applicant on forms provided by the City
Clerk, which application shail show, among other information, the names, residence or principal
place of business and age or ages of all individual applicants; if a partnership, the names,
addresses and ages of all partners; if a corporation, the names and addresses of all the off'icers
and stockholders thereof; proof of the franchise authorizing the licensee to sell new cars in
Brooklyn Center, or proof of the true and full City Assessor's value of showroom or othef
stnxcCure in Brookl Center as com ared to the true and full value of car display land all as set
Yn P
usiness or occu ation and residence addresses of the
forth in Section 23-1204 (a) herein; the b p
n includin
'o to the date of such a licatio g
h r e e e a r s i m m e d i a t e l n r P P
a p p h c a n t f o r a p e n o d o f t y y p
a11 partners, officers, or stockholders; any previous insolvency or bankruptcy of any applicant;
and such other pertinent, relevant or material information as the City may from time to time
require. All applicatians for such licenses shall be accompanied by the information described in
Secrions 4 and 5 of this ordinance.
Secdon 23-12Q6. LICENSE FEES. The fee for a Class A license shall be as set forth hy
City Council resolution.
The fee for a Class B license shall be as set forth by City Council resolution.
Ci o Brookl n Center
23-4� City Ordinance
h' f Y
Section 23-1207. EXPIRATION DATE. All licenses issued under this ordinance shall
expire on Apri130 af each year.
Section 23-1208. TRANSFER OF LICINSE3. Licenses hereunder may not be transfened
from person to person or from place to place.
Section 23-1209. STATE LICENSES REQUIRED. No license shall be issued to deal in
motor vehicles unless the applicant is licensed under the appropriate Minnesota Statutes to do so.
Section 23-1210. COUNCIL AiT�HORITY. The City Council may grant, deny, suspend,
or revoke any license under this ordinance, but any suspension or revocation shall be preceded
by a hearing before the Council with not less than three (3) days notice thereof to the applicant or
licensee.
Section 23-1211. BOND REQTJIRED. Each application for a Cla.ss A license shall be
accompanied by a bond in the sum of $5,000 which sha11 run to the City of Brooklyn Center far
the benefit of any person, firm or corporation who shall sustain any injury covered by the bond.
The bond shall be conditioned that the principal will indemnify any and all persons, firms or
corporations for any direct loss suffered because of dishonesty, misrepresentation or fraud on the
part of the principal in the substitution of a motor vehicle or parts thereof for the one selected by
the purchaser; failure through dishonesry or fraud to deliver a clear title to those legally entitled
thereto; any misappropriation of monies or properties belonging to a purchaser being made in
payment of a motor vehicle sold by the principal; alteration of a motor vehicle, its license plate
or serial number on the part of the principal or with his knowledge so as to deceive the purchaser
as to the year or model of any motor vehicle sold; or the violation of any of the provisions of this
ordinance.
Any person, firm or corporation who sustains an injury covered by this bond may in addition to
any other remedy that he may have, bring an action in his own name upon the bond and against
the surety for the recovery of any damage sustained by him. Each licensee need file only one
bond regazdless of the number of licenses held.
Section 23-1212. DELIVERY. At the time of delivery the dealer shall furnish to the
customer a written copy of the invoice, conditional sales contract, chattel mortgage, order, or
other writing containing the following information, if applicable:
a. Cost of insurance, if any, and description of the exact coverage of such insurance. If
such insurance does not include property damage or liability insurance, a statement to
this effect shall be prominently stated on such document or documents.
b. Cost of additional repairing, servicing or parts.
City of Brooklyn Center 23-48 City Ordinance
c. Exact cost of time price differential, including the exact amount or amounts, af the
monthly installments, the number of such installments and the total time balance.
d Cost of motor vehicle license to be added.
e. The amvunt �f down payment.
f. The final net purchase price to be paid therefore by the customer f.o.b. Brooklyn
Center, including any amount allowed for a trade-in.
Section 23-1213. REGI5TRATION. The registration of title card or bill of sale for any
car sold shall be forwarded by the dealer to the Secretary of the State of Minnesota not later than
fourteen (143 days after the date of the sale. No dealer sha11 receive and refuse to return to the
owner any registration or ritle cazd for the purpose of compelling the owner of such card to
purchase a motor vehicle from the dealer unless such dealer is ready, willing and able to comply
wifih the terms of the contract or agreement for the sale of the motor vehicle.
Section 23-1214. SALES AWAY FROM PLACE OF BUSINESS. No dealer or salesman
or employee of such dealer shall advertise any motor vehicle as being sold by the owner thereof
at the owner's home or residence if such motor vehicle is actually owned by or consigned to the
licensee and sold as part of his business. No licensee shall use any public street, premises or
alley in the City for the storage of motor vehicles.
Section 23-1215. MORTGAGES OR LIENS. If any licensee shall knowingly sell a motor
vehicle which is subject to a mortgage, lien, or payments, the licensee shall furnish a statement in
writing to the purchaser definitely stating the amount of such mortgage, lien or payments, and
the name and address of the holder or owner of such mortgage, lien or other indebtedness. If the
licensee shall knowingly fail to furnish such infornaation, any such mortgage, lien or payments
shall be paid by the licensee.
Section 23-1216. SPEEDOMETER TAMPERING. No licensee or agent of such licensee
shall fraudulently change, set back, or disconnect, or fail to connect, or cause to be changed, set
back, disconnected, or cause the failure to connect any speedometer of any used motor vehicle
for the purpose of effecting the sale of such used motor vehicle. Provided, however, it shall not
be unlawful for a licensee or his agent to offer a used motor vehicle for sale with the
speedometer reading thereon turned back to zera
Section 23-1217. BLANK CONTRACTS. No licensee shall obtain the signaturs of a
purchaser on any blank sales or purchase contract, order, condirional sales contract, chattel or
other mortgage, note or other writing or memorandum relating to the sale of any motor vehicle,
except for the financing statement, or like document, required under the Uniform Commercial
Code.
Ci o Brooklyn Center 23-49 City Ordinance
tY f
Section 23-1218. SALES AS AGENT. The provisions of this ordinance shall apply to all
sales made by a licensee irrespective of whether or not the motor vehicle sold or advertised for
sale is owned by such licensee or whether he is acting as an agent or consignee for the owner.
Section 23-1219. MOTOR VEHICLE LOTS CONDITIONED. All outdoor parking lots,
car lo�s� motor vei3iele lot� or any azea used for the purpose of displaying for sale motor u�hicl�s- -u x-
shall be constructed, maintained, illuminated as set forth in the Brooklyn Center Zoning
Ordinance.
Section 23-1220. RECORDS OF SAI ES. Records of all purchases and sales shall be kegt
by the licensed dealer descri.bing each vehicle purchased and sold by re�erence to serial number
and State license number and date of each transaction, and such records shall be available for
examination by the City Manager, City Manager's designee, and such other agents as may be
designated by the City CounciL
Section 23-1221. LICENSE CERTIFICATE TO BE DISPLAYED. Licensees hereunder
shall prominently display in their showroom, or in the event of na showroom, in the room or area
where negodations and sales aze consummated with the public, each license certificate issued
hereunder.
Section 23-1222. PENALTY. Any person violating the tenns of this ordinance shall, upon
conviction thereof, be punished by a fine of not more than one thousand dollars ($1,000) or
imprisonment not to exceed ninety (90) days or both together with the costs of prosecution. Any
violation of this ordinance shall, in addition to other penalties, be grounds for revocation of
license.
REGULATIONS FOR SALE OF CHRI5TMAS TREES,
Section 23-1301. LICENSE REQUIRED. No person, firm or corporation shall engage in
the business of selling Christmas trees in the City of Brooklyn Center without first applyingfor
and receiving a license as hereafter provided.
Section 23-1302. APPLICATION. The application for license for selling Christmas trees
shall be made to the City Clerk and shall be accompanied by a seasonal fee as set forth by City
Council resolution. The license will expire on January 5 of the year following its issuance. A
separate license shall be required for each place of sale.
Section 23-1303. DEPOSIT. A sum of $100 in cash or cashier's check shall be deposited
with the City Clerk at the time of application to insure that the site of sale shall be cleaned and
cleazed of Christmas trees and all other debris and materials relating to the business. It shall be
the duty of the City Manager to determine whether the site of sale is properly cleaned and
cleared. If the site of sale is not cleaned and cleazed by January 5 of the year following the
issuance of the license, the degosit shall be forfeited to the City to defray the expenses of the
City in cleaning and clearing the said site of sale.
City of Brooklyn Center 23-50 City Ordinance
s_�.�----
.._..i.z.;:a:.�:-:'.: :--.r_,,-�i_ .+:a�s��. T =4= f..^r--= Y?: =rr'-•-=�-�s;:-:=
..�-;�..�..v..� .:y>...
..r...
t{_..�.
Section 35-322. C2 COMMERCE DISTRICT.
1. Permitted Uses
a. The retail sale of food.
b. Eating establishments, provided they do not offer live entertainment and
further provided that the category does not permit drive-in eating places and
convenience-food restaurants.
c. The follow'ing uses:
1) The retai] sale of heating and plumbing equigment, paint, glass, and
wallpaper, electrical supplies, and building supplies.
2) The retail sale of tires, batteries and automobile accessories and
marine craft accessories.
3) The retail sales of apparel and related accessories.
4) The retail sale of fumiture, home furnishings and related equipment.
5) The retail sale of miscellaneous items such as the following:
_Drugs and proprietary items
Liquors
Antiques and secondhand merchandise
Books and stationery
Garden supplies
Jewel .ry
Flowers and floral accessories
Cigars and cigarettes
Newspapers and magazines
Gameras and photographic supplies
Gifts, novelties and souvenirs
Pets
Optical goods
Sporting goods and bicycies
d. Service/office uses described in Subsection 1(b) through I(u), Subsection
1(w), and Subsection 3(c) of Section 35-320.
e. The following repair/service uses:
1) Electrical repair service shops.
2) Household appliances, electrica] supplies, heating and plumbing
equipment.
3) Radio and television repair service shops.
City ofBrooklyn Center 35-35 December j, 1005
4) Planned and designed to assure that generated traffic will be within
the capacity of available public facilities and will not have an adverse
impact upon those facilities, tl�e immediate neighborhood, ar the
community.
5). Tr�c generated by other uses on the site will not pose a danger to
children served by the day care use.
and further provided that the special requirements set forth in Section 35-411
are adhered ta
c. Instructional uses for art, music, photography, decorating, dancing and the
like and studios for like activity.
d. Nonresidential educational uses including Area Learning Centers (ALC), post
secondary schools, business schools, trade schools and the like, but excluding
public and private elementary and secondary schools (IC-12}.
Section 35-321. C1A._ SERVICE/UFFICE DISTRICT.
1. Peimitted Uses (No height limitation)
a. All of the ermitted uses et rt' 'on 35-320 sha 1 be ermitted in a
p s, fa h in Secti 1 p
i building or establishment in the ClA district.
b. Transient Lodging arid Associated Uses.
2. Snecial Reauirements
a. See Section 35-411 of these ordinances.
3. St�ecial Uses
a. l�ccessory off-site pazking not located on the same properry with the principal
use, subject to the provisions of Section 35-701.
b. All of the special uses set forth in Section 35-320 sha�l be allowed by spec'ial
use permit in the C1A district.
Section 35-322. C2 COMMERCE DI�TRICT.
1. Perrnitted Uses
a. The retail sale of food.
City ofBrooklyn Center 35-34 O1/19/08
a
b. Eatin establishments rovided the do not affer live entertainment and
g �P Y
fzuther provided that the cate o does not ermit drive-in eatin laces and
g rY P g P
convenience-food restaurants.
c. The following uses:
1) T'he retail sale of heating and plumbing equipment, paint, glass, and
wallpaper electrical supplies, and building supplies.
2) The retail sale of tires, batteries and automobile accessories and
marine craft accessories.
3) The retail sales of apparel and related accessories.
4) The retail sale of fumiture, home furnishings and related equipment.
5) The retail sale of miscellaneous items such as the following:
Drugs and proprietary items
Liquors
Antiques and secondhand mercliandise
Books and stationery
Garden supplies
Jewelry
Flowers and floral accessories
Cigars and cigarettes
Newspapers and magazines
Cameras and photographic supplies
Gifts, novelties and souvenirs
Pets
Oprical goods
Sparting goods and bicycles
d. Service/office uses described in Subsection 1(b) through 1(u), Subsection
1(uv), and Subsection 3(c) of Section 35-320.
e. The following repair%service uses:
1) Electrical repair service shaps.
2) Household appliances, electrical supplies, heating and plumbing
equipment.
3) Radio and television repair service shops.
City afBrooklyn Center 35-35 December 3, 2005
4) Watch, clock and jewelry repair service shops.
5) Reupholstery and fumiture repair shops.
6) Laundering, dry cleaning and dyeing.
•-7j Equipment rental and leasing services.
f. The following medical and heatth uses:
1) Hospitals, not including animal hospitals.
2) Medical laboratories.
3) Dentallaboratories.
4) Nursing care homes, (at not more than 50. beds per acre), provided
that these institutions shall where required by state law, or regulation
or by municipal ordinance, be licensed by the appropriate state or
municipal authority.
g. T'he following contracticonstruction uses:
1) Building construction contractors' offices.
2) Plumbing, heating and air conditioning contractors' o�ces.
3) Painting, paper hanging and decorating cantractozs' offices.
4) Masonry, stone work, tile setting and plastering contractors' offices.
5) Carpentering and wood �looring contractors' offices.
6) Roofing and sheet metal contractars' offices.
7 Concrete contractors' offices.
8) Water well drilling contractors' offices.
h. Nonresidential educational uses including Area Leaming Centers (ALC), post
secondary schools, business schools, trade schools and the like, but excluding
public and private elementary and secondary schools (K-12}.
City ofBrooklyn Center 35=36 O1/19/08
I
i. Accessory uses, incidental to the foregoing principal uses when located on
the same property with the use to which it is accessary. Such accessory uses
to include but not be restricted to the folIowing:
1) Offstreet pazking and offstreet loading.
2) Signs as pennitted in the Brooklyn Center Sign Ordinance.
3) Outside display and sale of inerchandise provided that an
administrative permit is first obtained pursuant'to Section 35-800 of
these ordinances.
j. Other uses similar in nature to the aforementioned uses, as determined by the
City Council.
k. Drop-in child care centers licensed liy the Minnesota Department of Public
Welfare pursuant to a valid license application, provided that a copy of said
license and application shall be submitted annually to the City.
2. Snaeial Reauirements
a. See Section 35-412 ofthese ordinances.
S 3. Snecial Uses
a. Gasoline service stations (see Section 35-414), motor vehicle repair and auto
washes pravided they do not abut an Rl, R2, or R3 district, including
abutment at a street line; trailer rental in conjunction with these uses,
provided that there is adequate trailer parking space.
b. The sale or vending at gasoline service stations of items o#her than fueis,
lubricants or automotive parts and accessories (and other than the vending of
soft drinks, candy, cigarettes and other incidental item$ for the convenience
of customers within the principal building) provided adequate parking is
available consistent with the Section 35-704, 2(b) and 2(c).
c. Drive-in eating establishments and convenience-food restaurants provided
they do not abut an R1, R2, or R3 district inctuding abutment at a street line.
(However, convenience food restaurants without drive-up facilities and
located within the principal structure of a shopping center of over 250,000 sq.
ft. of gross floor area shall be considered a permitted use.)
City af Brooklyn Center 35-37 December� 3, 2005
City Council Agenda Item No. 11 d
COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Community Development Director
DATE: �Jct��er 22, 2008 ti r.
SUBJECT: An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding
the Sale of Motor Vehicles.
RECOMMENDATION:
It is recommended that the City Council, following the public hearing, adopt an ordinance
amending Chapter 35 of the City Code of Ordinances Regarding the Sale of Motor Vehides.
Background;
At the October 13, 2008, City Council Work Session there was a discussion on the regulations
pertaining to the licensing of new and used car dealerships and the current zoning of these
types of land uses within the C2 Commerce District as Special Uses.
The consensus of the Council was to proceed with two ordinance amendments which seek to
strengthen the integrity of the City's Code, reduce the risk of potential legal challenges, and
promote productive land uses:
An Ordinance amendment to Chapter 23 of the City Codes relating to the application
requirements for licensing "Sale of Motor Vehicles". (deleting the requirements
associated with a building to land value ratio as determined by the City Assessor)
An Ordinance amendment to Chapter 35 of the City Codes by adding minimum
standards (not less than 3 acre lot size and not less than 15% building coverage) for
the Special Use "The Sale of Motor Vehicles at Retail° within the C2 Commerce
District.
Attached for your reference is a copy of the staff memo prepared for the October 13 City
Council Meeting.
This ordinance amendment adds minimum standards to the Special Use provisions of Chapter
35-322, Para. 3(e) relating to The Sale of Motor Vehicles at RetaiL
Budget Issues: There are no budget issues.
CITY OF BROOKLYN CENTER
Notice i h r li he will be held on the 24 da of November 2008 at
s e eb ven that a ub c ann y
Y� P g
7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an Ordinance Amending Chapter 35 of the City Code of Ordinances
Regarding the Sa1e of Motor Vehicles.
Auxiliary aids for persons with �lisabilities are available upon request at least 96 ho�.u�s in advance.
Please contact the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF
ORDINANCES REGARDING THE SALE OF MOTOR VEHICLES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAlN AS
FOLLOWS:
Section 1. Section 35-322 of the Brooklyn Center City Code of Ordinances is
hereby amended as follows:
A. Section 35-322. C2 COMMERCE DISTRICT
3. Snecial Uses
i e. The sale of motor vehicles at retail nrovided the use is conducted on at
least a three (31 acre narcel of land containin� a structure or structures
occunvin� a minimum of fifteen nercent (15%1 of said parcel of land.
Section 2. This ordinance sha11 become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of 2008.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeouts indicate matter to be deleted, underline indicates new matter.)
MEMORANDUM COUNCIL WORK SESSION
DATE: October 13, 2008
T0: Curt Boganey, City Manager
FROM: Cary.Eit�l,Comrr�unityDevelopmentDirec�tor
SUBJECT: Amendments relating to the issuance of MOTOR VEHICLE DEALER UCENSES.
COUNCIL ACTION REQUlRED:
A mation to authorize staff to proceed with the following amendments:
An Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding the Sale of Motor
Vehicles. Appfication requirements for City License Deletion of Building/Land Assessed
Valuation Ratio�.
An Ordinance Amendment to Section 35-322, Para 3(a) Special Uses —the sale of motor
vehicles at retail (minimum lot size and minimum buiiding coverage}.
BACKGROUND INFORMATION:
The Zoning Ordinance presently allows the sale of motor vehicles at retail as a Special Use
within the C2 COMMERCE DISTRICT (Section 35-322, Para. 3— e).
Section 35-220, SPECIAL USE PERMITS, defines the Procedures, Standards for Special Use
Permits, Conditions and Restrictions, Resubmission, Revocation and Extension of Special Use
Permits.
The 5pecial Use Permit application process includes a pubiic hearing before the Pianning
Commission and approvai by the City Council which may include conditions, and restrictions
upon the establishment, location, construction, maintenance, and aperation of the special use
as deemed necessary for the protection of the pubiic interest and to secure compliance with
requirements specified in the ordinances.
Also, Chapter 23, General Licensing Regulations, addresses the licensing associated with "SALE
OF MOTOR VEHHICLES". Section 23-1202, License Reauired, states that no person shall be
engaged in the basiness of buying, seUing, displaying, or offering for sale new or used motor
vehicles at any place af business without first obtaining an appropriate license as required
under this ordinance.
i The licensing regutations defines motor vehicles into two classes
Class A applies to cars (any new or used automobile or truck)
Class B appiies to motorcycles and any other type of land vehicle propelled by a motor
other than cars.
Section 23-1204, CONDITIONS IN. OF AND FOR MOTOR VEHICLE DEALER LICENSES, states that
no motor vehicle dealer's license_shali be issued except under the following conditioras�
a) No Class A motor vehicle dealer license shall be issued to any person who does not possess
and operate under a new car franchise or contract in and for the City o# Brookiyn Center,
except that such license may be issued to any person not operating under such new car
franchise if such licensee operates and maintains in Brooklyn Center an enclosed garage,
showroom, or other car dispiay or rental structure on the tand which structure shali have a
true and full City Assessor's value equal to at least twice the true and full value of tand used
by such licensee in the sale of new and used cars.
b) Every Class A Licensee shall provide, operate, and maintain in the City of Brooklyn Center at
least one equipped and manned repair shop or facility capable of repairing the motors, engines,
brakes, lights, tires, electrical and other operating equipment of any motor vehicfe sold by such__
dealer.
c) No motor vehicle dealer license of any class shall be issued for any place or business which is
not zoned therefore.
d} Each licensee shaA provide sufficient parking spaces on licensee's premises for alf motor
vehicles repaired and processed by such licensee.
e) The applicant for any license required under this ordinance shafl file an application for plan
approval with the Secretary of the Brooklyn Center Planning Commission. Such application
shall be accompanied by a detailed map, plat or drawing of the place of business, for which
such license is to be issues showing among other information the following:
address, location, and dimensions thereof;
lacation, type, and dimensions of any building, fence, and lighting equipment thereof;
the intended plan of all vehicle parking;
the location and dimension of processed car storage space;
all curb openings,
all driveways and alleyways therein and thereon; and
a certificate by the City Engineer approving the drainage and paving on such place of
business.
(Unless changes are thereafter made, the same plan or map and other information need not be
resubmitted for any renewal)
fi� The payment of the fees hereinafter set forth;
g} The approval and filing of the bond as hereinafter set forth for Class A licenses;
h) The obedience to all of the other conditions and provisions, governing such business or
operation set fiorth in this ordinance, other ordinances of Brooklyn Center, and the laws of the
State of Minnesota.
An issue with Section 23-1204 (a) is that the City Assessor has indicated that assessing
practices have weighed the assessed valuation of sales lots on the land and not on the
buifdings.
This issue can be resolved by deleting the building to land valuation standard from the
licensing application and adding a minimum lot size of 2 acres and minimum building
coverage of 15% to the Specia) Use pravision of the C 2 Zoning District.
The City recently approved the Luther Auto PUD proposals which included the foilowing:
Lot Area Bld�. Covera�e
Buick, GMC, Pontiac 2.15 acres 21.54
Chevrolet 8.55 acres 16.07
Honda (new) 8.17 acres 15.3
Toyota 8.29 acres 16.4
Other dealerships within the City include:
Mitsubishi Mazda approx 5 10.55
(usable acresj
Honda (existing) 5.03 acres 20. °/a
Forrner Chrysler Dealership 5.13 acres 12.82
With the exception of the existing Honda Dealership, all sites have been approved as part of
PUD applications which include City Council Resolutions with conditions and considerations for
the development and use of each site.
Council Policv Issues:
The changes to the licensing application and use of a consistent measurable standard, such as
minimum lot size and minimum lot coverage provides equal standards for new and used car
dea{erships, while maintaining the intent of productive land uses which enhance the City's tax
base. It strengthens the integrity of the City's o�dinance and reduces risk of potential legal
challenges.
Attachments: Chapter 23 —1200 Sale of Motor Vehicles
Chapter 35-32Z C2 Commerce District
Draft Amendment to Chapter 23
SALE OF MOTOR VEHICLES
Section 23-1201. DEFIN�TIONS. As used in the ordinance, the following terms shall
mean:
a. Caz. Any new or used automobile or truck.
b. Dealer in Motor Vehicles., Any person, firm, or corporation, together with any
subsidi or b
ary ranch thereof engaged m the busmess of buying, selling, displaying or
offering for sale new or used motor vehicles as a principal business or occupation.
The dealer in motor vehicles will also be referred to herein as "dealer" or "licensee".
c. Motor Vehicle. For the p.urpose of this ordinance motor vehicles shall be of the two
following classes:
1. Class A will apply to cars;
2. Class B will agply to and mean motorcycles and any other type of land vehicle
propelled by a motor other than cazs.
d. "Executive", "O�cial", "House Car" or "Demonstrator". These terms shall apply
only to any motor vehicles which have actually been used by either a bona fide
off'icial or representat�ve of the manufacturer or by the dealer making the sale offer
and which have never heen sold to a member of the public.
City of Brooklyn Center 23-45 City Ordinance
e. Sale. The term "sale" is defined and is deemed to have taken place only when the
dealer and the customer have agreed, in writing, on at least all of the following
elements:
1. The make, model, type and yeaz of the manufacture of motor vehicle intended
to be -solci to and purchased by the customer, including the agreed date of °�P
delivery to the customer.
2. The net urchase rice t e
p p o b paid therefore by the customer f.o.b. Brookl n
y
Center, including any amount allowed for a trade-in.
3. Amount of down payment, if any.
4. The cost of additional repairing, servicing or parts, if any.
5ection 23-1202. LICENSE REQLTIl2ED. No person shall be engaged in the business of
buying, selling, displaying or affering for sale new ar used motor vehicles at any place of
business without first obtaining an appropriate license as required under this ordinance.
Secti.on 23-1203. SEPARATE LICENSES. Each license shall have an established place
of business, and each license shall authorize business at only the designated premises. If a
licensee has more than one place of business, a separate license is required for each.
Secti.on 23-1204. CONDTTIONS IN, OF AND FOR MOTOR VEHICLE DEALER
LICENSES. No motor vehicle dealer's license shall be issued except under the follawing
condition�:
a. No Class A motor vehicle dealer license shall be issued to any person who does not
possess and operate under a new car franchise or contract in and for the City of
Brooklyn Center, except that such license may be issued to any person not operating
under such new car franchise if such licensee operates and maintains in Brooklyn
Center an enclosed garage, showroom or other car display or rental structure on the
land, which structure shall have a true and full City Assessor's value equal to at least
twice the true and full value of land used by such licensee in the sale of new and used
cars.
b. Every Class A licensee shall provide, operate and maintain in the City of Brooklyn
Center at least one equigped and manned repair shop or facility capable of repairing
the motors, engines, brakes, lights, tires, electrical and other operating equipment of
any motor vehicle sold by such dealer.
c. No motor vehicle dealer license of any class shall be issued for any place or business
which is not zoned therefore.
City of Brooklyn Center 23-46 City Ordinance
d. Each licensee shall provide sufficient parking space on licensee's premises for a11
motor vehicles repaired or processed by such licensee.
e. The applicant for any license required under this ordinance sha11 file an application
for plan approval with the Secretary of the Brooklyn Center Planning Commission.
Such application shall be accompanied by a detailed map, plat or drawir�g of the place-
of business for which such license is to be issued showing among other information,
the address, location and dimensions thereof; the location, type and dimensions of any
building, fence, and lighting equipment thereon; the intended plan of all vehicle
parlang, the location and dimensions of processed car storage space; all curb
openings; all driveways and alleyways therein and thereon; and a certificate by the
City Engineer approving the drainage and paving on such place of business.
Unless changes aze thereafter made, the same plan or map and other information need
nat be resubmitted for any renewal.
f. The payment of the fees hereinafter set forth.
g. The approval and filing of the bond as hereinafter set forth for Class A licenses.
h. The obedience to all of the other conditions and provisians, governing such business
or operation set farth in this ordinance, other ordinances of Brooklyn Center, and the
i laws of the State of Minnesota.
Section 23-1205. APPLICATION FOR LICENSE. The application far any license
hereunder shall be made in writing and signed by the applicant on forms provided by the City
Clerk, which application shall show, among other information, the names, residence or principal
place of business and age or ages of all individual applicants; if a partnership, the names,
addresses and ages of a11 partners; if a corporation, the names and addresses of all the officers
and stockholders thereof; proof of the franchise authorizing the licensee to sell new cazs in
Brooklyn Center, or proof of the true and full City Assessor's value of showroom or othef
stntchue in Brooklyn Centez as compared to the true and full value of car display land all as set
forth in Section 23-1204 (a) herein; the business or occupation and residence addresses of the
applicant for a period of three years immediately prior to the date of such application, including
all partners, officers, or stockholders; any previous insolvency or bankruptcy of any applicant;
and such other pertinent, relevant or material information as the City may from time to time
require. All applications for such licenses shall be accompanied by the information described in
Secrions 4 and 5 of this ordinance.
Section 23-1206. LICENSE FEES. The fee for a Class A license shall be as set forth by
City Council resolution.
The fee for a Class B license shall be as set forth by City Council resolution.
City of Brooklyn Center 23-47 City Ordinance
Section 23-1207. EXPIRATI�N DATE. All licenses issued under this ordinance shall
expire on Apri130 of each year.
Section 23-1208. TR.ANSFER �F LICENSES. Licenses hereunder may not be transfened
from person to person or from place to place.
t�
Section 23-1209. STATE LICENSES REQUIl2ED. No license shall be issued to deal in
motor vehicles unless the applicant is licensed under the appropriate Minnesota Statutes to do so.
Section 23-1210. COUNCIL AUTHORTTY. The City Council may grant, deny, suspend,
or revoke any license under this ordinance, but any suspension or revocation shall be preceded
by a hearing before the Council with not less than three (3) days notice thereof to the applicant or
licensee.
Section 23-1211. BOND REQUIRED. Each application for a Class A license shall be
accompanied by a bond in the sum of $5,000 which sha11 run to the City of Brooklyn Center far
the benefit of any person, firm or corporation who shall sustain any injury covered by the bond.
The bond shall be conditioned that the principal will indemnify any and all persons, firms or
corporations for any direct loss suffered because of dishonesry, misrepresentation or fraud on the
part of the principal in the substitution of a motor vehicle or parts thereof for the one selected by
the purchaser; failure through dishonesty or fraud to deliver a clear title to those legally entitled
thereto; any misappropriation of monies or properties belonging to a purchaser being made in
payment of a motor vehicle sold by the principal; alteration of a motor vehicle, its license plate
or serial number on the part of the principal or with his knowledge so as to deceive the purchaser
as to the year or model of any motor vehicle sold; or the violation of any of the provisions of this
ordinance.
Any person, firm or cozporation who sustains an injury covered by this bond may in addition to
any other remedy that he may have, bring an action in his own name upon the bond and against
the surety for the recovery of any damage sustained by him. Each licensee need file only one
bond regazdless of the number of licenses held.
Section 23-1212. DELIVERY. At the time of delivery the dealer shall furnish to the
customer a written copy of the invoice, conditional sates contract, chattel mortgage, order, or
other writing containing the following information, if applicable:
a. Cost of insurance, if any, and description of the exact coverage of such insurance. If
such insurance does not include property damage or liability insurance, a statement to
this effect shall be prominendy stated on such document or documents.
b. Cost of additional repairing, servicing or parts.
City of Broaklyn Center 23-48 City Ordinance
c. Exact cost of time price differential, including the exact amount or amounts, of the
monthly installments, the number of such installments and the total time balance.
d Cost of motor vehicle license to be added.
e. 'I'he amount o€ down payment.
f. The final net purchase price to be paid therefore by the customer f.o.b. Brooklyn
Center, including any amount allowed for a trade-in.
Section ?�3-1213. REGISTR.A.TION. The registration of title card or bill of sale for any
caz sold shall be forwazded by the dealer to the Secretary of the State of Minnesota not later than
fourteen (14) days after the date of the sale. No dealer shall receive and refuse to return to the
owner any registration or ritle card for the purpose of compelling the owner of such cazd to
purchase a motor vehicle from the dealer unless such dealer is ready, willing and able to comply
with the terms of the contract or agreement for the sale of the motor vehicle.
Section 23-1214. SALES AWAY FROM PLACE OF BUSINESS. No dealer or salesman
or employee of such dealer shall advertise any motor vehicle as being sold by the owner thereof
at the owner's home or residence if such motor vehicle is actually owned by or consigned to the
licensee and sold as gart of his business. No licensee shall use any public street, premises or
alley in the City for the storage of motor vehicles.
Section 23-1215. MORTGAGES OR LIENS. If an licensee shall knowin 1 sell a motor
y gY
vehicle which is subject to a mortgage, lien, or payments, the licensee shall furnish a statement in
writing to the purchaser definitely stating the amount of such mortgage, lien or payments, and
the name and address of the holder or owner of such mortgage, lien or other indebtedness, If the
licensee shall lrnowingly fail to furnish such information, any such mortgage, lien or payments
shall be paid by the licensee.
Section 23-1216. SPEEDOMETER TE�MPERING. No licensee or agent of such licensee
shall fraudulently change, set back, or disconnect, or fail to connect, or cause to be changed, set
back, disconnected, or cause the failure to connect any speedometer of any used motor vehicle
for the purpose of effecting the sale of such used motor vehicle. Provided, however, it shall not
be unlawful for a licensee or his agent to offer a used motor vehicle far sale with the
speedometer reading thereon tumed back to zera
Section 23-1217. BLANK CONTRACTS. No licensee shall obtain the signature of a
purchaser on any blank sales or purchase contract, order, conditional sales contract, chattel or
other mortgage, note or other writing or memorandum relating to the sale of any motor vehicle,
except for the financing statement, or like document, required under the Uniform Commercial
Code.
City of Brooklyn Center 23-49 City Ordinance
Section 23-1218. SALES A5 AGENT. The provisions of this ordinance shall apply to all
sales made by a licensee irrespective of whether or not the motor vehicle sold or advertised for
sale is owned by such licensee or whether he is acting as an agent or consignee for the owner.
Section 23-1219. MOTOR VEHICLE LOTS CONDTI"IONED. All outdoor pazking lots,
ear lots, motor vehicle lots-or any area used for the purpose of displaying for sale motor v�hicles
shall be constructed, maintained, illuminated as set forth in the Brooklyn Center Zoning
Ordinance.
Secrion 23-1220. RECORDS OF SALES. Records of all purchases and sales shall be kept
by the licensed dealer describing each vehicle purchased and sold by reference to serial number
and State license number and date of each transaction, and such records shall be available for
examination by the City Manager, City Manager's designee, and such other agents as may be
designated by the City Council.
Section 23-1221. LICENSE CERTIFTCATE TO BE DISPLAYED. Licensees hereunder
shall prominently display in their showroom, or in the event of no showroom, in the room or area
where negotiations and sales are consummated with the public, each license certificate issued
hereunder.
Section 23-1222. PENALTY. Any person violating the terms of this ordinance shall, upon
conviction thereof, be punished by a fine of not more than one thousand dollars ($1,000) or
imprisonment not to exceed ninety (90) days or both together with the costs of prosecution. Any
violation of this ordinance shall, in addition to other penalties, be grounds for revocation of
license.
REGULATIONS FOR SALE OF CHRISTMAS TREE5
Section 23-1301. LICENSE REQUIl2ED. No person, firm or corporation shall engage in
the business of selling Christmas trees in the City of Brooklyn Center without first applying for
and receiving a license as hereafter provided.
Section 23-1302. APPLICATION. The application for license for selling Christmas trees
shall be made to the City Clerk and shall be accompanied by a seasonal fee as set forth by City
Cauncil resolution. The license will expire on January 5 of the year following its issuance. A
separate license shall be required for each place of sale.
Section 23-1303. DEPOSIT. A sum of $100 in cash or cashier's check shall be deposited
with the City Clerk at the time of application to insure that the site of sale shall be cleaned and
cleared of Christmas trees and all other debris and materials relating to the business. Itshall be
the duty of the City Manager to determine whether the site of sale is properly cleaned and
cleazed. If the site of sale is not cleaned and cleared by 7anuary 5 of the year following the
issuance of the license, the deposit shall be forfeited to the City to defray the expenses of the
City in cleaning and clearing the said site of sale.
City of Brooklyn Center 23-50 Ciry Ordinance
i
::tCi�::: k:<� 1 T' .a-::.i�Li.E'v.'..T-_d fr r.
r._
Section 35-322. C2 COMMERCE DISTRICT.
1. Permitted Uses
a. The retail sale of food.
b. Eating establishments, provided they do not offer live entertainment and
further provided that the category does not permit drive-in eating places and
convenience-food restaurants.
c. The following uses:
1) The retail sale of heating and plumbing equiprnent, paint, glass, and
wallpaper, electrical supplies, and building supplies.
2) The retail sale of tires, batteries and automobile accessories and
marine craft accessories.
3) The retail sales of apparel and related accessories.
4) The retail sale of furniture, home furnishings and related equipment.
5) The retail sale of miscellaneous items such as the following:
Drugs and proprietary iterns
Liquors
Antiques and secondhand merchandise
Books and stationery
Garden supplies
lewel .ry
Flowers and floral accessorias
Cigars and cigarettes
Newspapers and magazines
Gameras and photograghic supplies
Gifts, novelties and souvenirs
Pets
Optical goods
Sporting goods and bicycles
d. Service/o�ce uses described in Subsection 1(b) through 1(u), Subsection
1(w), and Subsection 3(c) of Section 35=320.
e. The foIlowing repair/service uses_
1) Electrical repair service shops.
2) Household appliances, electrical supplies, heating and plumbing
equipment.
3) Radio and te]evision repair service shops.
City af Brooklyn Center 35-35 December 3, 1003
4) Planned and designed to assure that generated traffic will be within
the capacity of available public facilities and will not have an adverse
impact upon those facilities, the immediate neighborhood, or the
community.
5). Tr�c generated by other uses on the site will not pose a danger to
childr�n served-by the day care use.
and further provided that the special requirements set forth in Section 35-411
are adhered to.
c. Instructiottal uses for art, music, photography, decorating, dancing and the
like and studios for like activity.
d. Nonresidential educa.tional uses including Axea Leaming Centers (ALC), post
secondary schools, business schools, trade schools and the like, but excluding�
public and private elementary and secondary schools (K-12}.
Section 35-321. C1A. SERVICE/UFFICE DISTRICT.
1. Peimitted Uses (No height limitation)
a. All of the permitted uses set forth in Section 35-320 shall be permitted in a
building or esta.blishrnent in the CIA district.
b. Transient Lodging and Associated Uses.
2. Snecial Requirements
a. See Section 35-411 of these ordinances.
3. S�ecial Uses
a. Ekccessory off-site parking not located on the same property with the principal
use, subject to the provisions of Sectzon 35-701.
b. A1I of the special uses set forth in Section 35-320 shall be allowed by special
use permit in the C1A district.
Section 35-322. C2 COMI��RCE DISTRICT.
1. Permitted Uses
a. The retail sale of food.
i�
City ofBrooklyn Center 35-34 Ol/19/08
b. Eating establishments, provided they do not offer live entertainment and
further provided that the category does nat permit drive-in eating places and
convenience-food restaurants.
c. The following uses:
1) The retail sale of heating and plumbiug equipment, paint, glass, and
wallpaper electrical supplies, and building supplies.
2) The retail sale of tires, batteries and automobile accessories and
marine craft accessories.
3) The retail sales of apparel and related accessories.
4) The retail sale of furniture, home furnishings and related equipment.
5) The reta.il sale of miscellaneous items such as the following:
Drugs and proprietary iterns
Liquors
Antiques and secondhand mercHandise
Books and stationery
Garden supplies
Jewelry
Flowers and floral accessories
Cigazs and cigarettes
Newspapers and magazines
Cameras and photographic supplies
Gifts, novelties and souvenir�
Pets
Optical goods
Sporting goods and bicycles
d. Service/office uses described in Subsection 1(b) through 1(u), Subsection
1(w), and Subsection 3(c) of 5ection 35-320.
e. The following repairlservice uses:
1) Electrical repair service shops.
2) Household appliances, electrical supplies, heating and plumbing
equipment.
3) Radio and television repair service shops.
City of Brooklyn Center 35-35 December. 3, 2005
4) Watch, clock and jewelry repair service shops.
5) Reupholstery and fumiture repair shops.
6) Laundering, dry cleaning and dyeing.
Equiprnent rental and leasing services.
f. The following medical and health uses:
1) Hospitals, not including animal hospitals.
2) Medicallaboratories.
3) Dentallaboratories.
4) Nursing care homes, (at not more than 50 beds per acre), provided
that these institutions shall where required by state law, or regulation
or by municipal ordinance, be licensed by the appropriate state or
mwnicipal authority.
g. The following contracticonstruction uses:
1) Building construction contractors' offices.
2) Plumbing, heating and air conditioning contractors' offices.
3) Painting, paper hanging and decorating contractors' offices.
4) Masonry, stone work, tile setting and plastering contractors' offices.
5) Carpentering and wood flooring contractors' offices.
6) Roofing and sheet metal contractors' offices.
7) Conciete contractors' offices.
8) Water well drilling contractors' offices.
h. Nonresidential educational uses including Area Leamuig Centers (ALC), post
secondary schools, business schools, trade schools and the like, but excluding
public and private elementary and secondary schools (K-12).
City ofBrooklyn Center 35=36 Ol/19/08
i. Accessory uses, incidental to the foregoing principal uses when located on
ce u es
the same property with the use to which it is accessory. Such ac ssory s
to include but not be restricted to the following:
1) Offstreet pazking and offstreet loading.
1 4
2) Signs as permitted in the Brooklyn Center Sign Ordinance.
3) Outside display and sale of inerchandise provided tl�at an
administrative permit is first obtained pursuant to Section 35-800 of
these ordinances.
j. Other uses similar in nature to the aforementioned nses, as deternuned by the
City Council.
k. Drop-in child care centers licensed by the Minnesota Department of Public
Welfare pursuant to a valid license application, provided that a copy of said
license and application shall be submiited annually to the City.
2. Snecial Reauirements
a. See Section 35-412 of these ordinances.
3. S�ecial Uses
a. Gasoline service stations (see Secdon 35-414), motor vehicle repair and auto
washes provided they do not abut an Rl, R2, or R3 district, including
abutment at a street line; trailer rental in conjunction with these uses,
provided that there is adequate trailer parking space.
b. The sale or vending at gasoline service stations of items other than fuels,
lubricants or automotive parts and accessories (and other than the vending of
soft dririlcs, candy, cigarettes and other incidental items for the convenience
of customers within the principal building) provided adequate parking is
available consistent with the Section 35-704, 2(b) and 2(c).
c. Drive-in eating esta.blishments and convenience-food restaurants provided
they do not abut an RI, R2, or R3 district including abutment at a street line.
(However, convenience food restaurants without drive-up facilities and
located within the principal structure of a shopping center of over 250,000 sq.
ft. of gross �loor area shall be considered a permitted use.)
CifyofBrooklyn Center 35-37 December3, 2005
Work Session Agenda
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
October 27, 2008
Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M.
Council Chambers
City Hall
A copy of the full City Council packet is available to the public. The packet ring binder is
�I
located at the front of the Council Chambers by the Secretary.
ACTIVE DISCUSSION ITEMS
1. City Manager Performance Review Process- Date Selection
2. Designating Holly Sunday as Sesquicentennial Event- Councilmember Yelich
3. Peddler, Solicitor, and Transient Merchant Regulations
4. Legislative Policies Review- LMC
Pending List for Future Work Sessions
1. Three Rivers Park District Plan
2. Adult Entertainment Establishments
3. Rental Housing Plan Update
4. TIF Districts Update City Manager
5. 2011 Brooklyn Center Celebration Status Report
6. Super America Quarterly Update
7. Joint Powers Agreement Brooklyn Bridge Alliance Update
8. EBHC 2008 Capital Program Amendment
9. Public Safety Annual Report
10. Schedule Annual Retreat
11. Shingle Creek Daylighting Plan
12. Contamination Assessment Hmong-American Shopping Center Site
Work Session Agenda Item No. l
City of Brooklyn Center
A Millennium Community
MEMORANDUM COUNCIL WORK SESSION
DATE: October 22, 2008
TO: Brooklyn Center City Council
FROM: Curt Boganey, City Ma�
SUBJECT: Date for Manager's Perforrnance Review
COUNCIL ACTION REQUIRED
A date to schedule the performance review of the City Manager is requested.
BACKGROUND
Of the dates originally proposed by the Mayor and City Attorney two days remain where
no Councilmember has indicated a conflict. Those dates are November 13`�` and 14�'.
COUNCIL POLICY ISSUES
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
Work Session Agenda Item No. 2
City of Brooklyn Center
A Millennium Community
MEMORANDUM COUN
CIL WORK SESSION
DATE: October 22, 2008
TO: Brooklyn Center City Council
FROM: Curt Boganey, City Man
SUBJECT: Designating Holly Sunday as a State of Minnesota Sesquicentennial Event
COUNCIL ACTION REQUIRED
It has been suggested that the City Consider designating Holly Sunday December 7, 2008
as a State of Minnesota Sesquicentennial Evenf.
BACKGROUND
This item has been placed on the agenda at the request of Councilmember Yelich.
You have received a request that the City host an event, project, program or activity to
commemorate and Celebrate State of Minnesota Sesquicentennial, from Mrs. Dianne
Sannes. She made this request both in writing and at the Open Forum. Council member
Yelich has suggested that the City consider designating Holly Sunday as a possible event.
COUNCIL POLICY ISSUES
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
Curt Boqaney
m: Mark Yelich
nt: Sunday, October 19, 2008 9:33 PM
Ta Curt Boganey
Subject: BC Sesquicentennial Event
Mr. Boganey,
Can you please add to the next council work session agenda an item discussing the value of declaring Holly Sunday, Dec
7, 2008 a Sesquicentennial Event. htto://www.mn150vears.ora/eventform.html
Thank you!
Respectfully,
�CI�'�t ���6��t
Brooklyn Center City Council
763-486-6001
Winds of change are helpful when there are leaders to trim the sails!
1
Minnesota Sesquicentennial: 150th Anniversary of Minnesota Page 1 of 2
Minnesota at its Ses uicentennial
q
Exceptional People in an Exceptional P/ace
1S� YE�F�S
�'S`�,��� H C�C3 CJ
BUY SESQUI MERCHANDISE
HOME GRANTS COMMUNITY PROGRAMS ABOUT EVENTS MERCHANDISE CONTACT
Riease heip us better coordinate the Sesquicentennial Register Your Activity Here
The Sesqaicentennia! Commission is the otficiaf Statehood Sesquicentennia( coordinaGng 6ody, created by the State Legtslature and appointed 6y the LegisJature and
Governor to plan sfatewide activittes and coordinate with other enteties aU activifies to commemorate and cefebrafe Minnesofa's Sesquicentennial.
To help the Commission fulfill this duty and fully report to the Governor and �egislaWre all of the activities being. undertaken in lhe months ahead, please. register your event, project w
activity with the Commission, using this form below.
This form will register your Sesquicentennial event, projed, program, activiry, etc., with the Minnesota Sesquicentennial Commission.
o Registration wili make it possible for your activity to be on the event calendar and on the list of montY5ly Sesquicentennial programs, events, projects and activities. We can help
you find out 'rf others are doing the same thing you are planning and you can work together.
0 8erng a paR of the o�cia/ tistrng also allows you to use the o�cial logo for publrc, non-profit purposes.
o The Commission will also help you promote your activity through the Commission's publicity channels, and your adivity will also be included in the Minnesota Statehood
Sesquicentennial Commission Finai Report to the State Legislature and Govemoc
You can fill out the following form. Or download it and mail or emaii it to:
Minnesota Sesquicentennial Office
c/o James J. Hill House
240 Summit Avenue
Sainl Paul, MN 55102
iMolrDmn 150vears. oro
E-mail Address:
Name of event, activity, project, program:
Name(s) of the sponsoring organization(s):
Description*:
9..
Where it will take place:
Date it begins:
Date it ends
Times:
AAs Culture
Education
Does ii involve any of the Sesquicentennial themes? Please check any or Health Wellness
all that apply. Innovation
J The Great Outdoors Natural Resources
i-] Other
Do you have a Sesquicentennial Grant award for this effort?
Name of contact person:
Address:
Phone:
Fax:
Website of event andlor host organization:
May we link to your web site? Yes
)No
Will you link to the Sesquicentennial website? C_) Yes
..%No
htt ://www
.mn150 ears.or /eventform.html
10/22/2008
P Y g
Office of the City Manager
�'ity of Brooklyn Center
A Millennium Community Cornelius L. Boganey
City Manager
October 17 2008
Ms. Diane Sannes
7006 Willow Lane N
Brooklyn Center, MN 55430
•Subject: Sesquicentennial Celebration-Citizen Open Forum
Dear Ms. Sannes:
On Monday, October 13, 2008, you appeared before the City Council asking if the City Council would
be interested in taking some official City action in response to the State of Minnesota 150-year
anniversary. As indicated to you by Assistant to the City Manager Vickie Schleuning in her e-citizen
response to you October 7, 2008, this request was submitted to all City Council members on Friday,
October 10, 2008.
If requested by any Council Member, this item will be added to a work session agenda for discussion by
the City Council. Please let me know if you have further questions.
Sincerely,
Curt Boga
City Manager
cc: City Council
Vickie Schleuning
File
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
To The City of Brooklyn Center, Oct 6, 20008
With 2008 being the State of Minnesota's Sesquicentennial, could the City of Brooklyn Center
participate, along with city residents, and host an event, project, program or an activity to
commemorate and celebrate Minnesota's SesquicentenniaL
ThankYou
Diane Sannes
7006 Willow Lane
Brooklyn Center MN 55430
Info about MN 150 is at their web site--
http://www.mn150vears.or�/index.htm)
listed here is an example of an event being held in another MN city:
Minnetonka Fire Department and City-Wide Open House
Date: Tuesday, October 7, 2008
Time: 5PM 8PM CDT
Category: Family Event
City of Minnetonka
14600 Minnetonka Blvd
Minnetonka, Minnesota
(952) 939-8207
This year's Minnetonka Fire Department and City-Wide Open House will feature the theme
"Celebrating Minnesota's Sesquicentennial," with strolling characters dressed up in costumes
reminiscent of the mid-1850s, and various city commissions featuring information about Minnetonka
150 years ago. Interesting, fun and free activities for everyone, both inside and outside city hall, the
community center, and the police and fire departments. Kids four and over can ride in city fire trucks
and everyone can enjoy free hot dogs, cookies, pop and lemonade along with department tours and
entertainment. Call (952) 939-8207 or visit http://www.eminnetonka.com
Work Session Agenda Item No. 3
r
MEMORANDUM COUNCIL WORK SESSION
DATE: October 27, 2008
TO: Curt Boganey, City Manager
FR�M: Vickie Schleuning��4ssistant to the City Manager
Gary Eitel, Community Development Director
SUBJECT: Peddler, Solicitor and Transient Merchant Regulations
COUNCIL ACTION REQUIRED
Provide direction to staff whether to amend current ordinance, intensify enforcement
activities, or continue current level of regulatory activities for Peddlers, Solicitors and
Transient Merchants.
BACKGROUND
A r�sident has requested.that more stringent regulations be adopted regarding peddlers,
solicitors and transient merchants. Background information regaxding these topics is
provided for consideration by the City CounciL
According to city records, very few complaints have been received by the Police
Deparkment or Community Development Departrnent about peddlers, solicitors or
transient merchants in the past few years.
Transient merchants
The concern regarding transient merchants is primarily those temporary sales activities
such as someone selling goods out of the trunk of their car or a truck, trailer, tent, etc. in a
parking lot or a vacant lot. Transient merchant issues primary occur in business areas and
vacant lots (such as Brooklyn Boulevardl63 Ave N, which is now posted with a No
Trespassing Sign). The following is a brief summary of the current city regulations.
According to the zoning code Section 35-800, outside sales activities are not permitted
uses within Commercial or Industrial Districts. The exceptions to this standard are:
1. The zoning official may issue an Administrative Permit for miscellaneous
outdoor retail sales, displays or promotional events for periods not to exceed
10 consecutive days. Two such 10 day permits may be allowed per premise
per calendar year.
2. With an Administrative Permit, a Nursery and Garden Center may operate
within a non-residential district for a period not to exceed 30 weeks within a
calendar year.
3. A Special Use Permit may be issued for certain types of outdoor sales. An
application for a special use permit is considered by the Plaxuung
Commission, a public hearing is held, and the application is approved by the
City Council. An example of this type of permit would be a car dealership
site such as Iten Chevrolet or Brookdale Honda.
Applications for Administrative Permits are available at the Community
Development Department.
Peddlers/SQlicitors
The City does not have extensive regulations specific topeddlers or solicitors on
residential properties. However, according to Chapter 19 Section 701 a resident of a
home may post a sign in 48 point type stating "Peddlers and Solicitors prohibited, which
makes it explicitly illegal for peddlers or solicitors to approach the residence. The City
requests solicitors contact the Police Department and provide their name, business
information, hours of operation, and license plate of vehicle resulting in approximately
one solicitor report a month.
A concern expressed to the city is in regards to visiting political parties, religious
organization or similar social message organizations. Although a resident can post their
properly to prevent unwanted solicitors and visitors under the trespass laws, the city
cannot restrict political parties, religious organizations, or other organizations with social
messages. The �ity cannot prevent the spread o� social messages since these issues-�ave
the greatest amount of protection under the constitution.
General Enforcement
In the past, when an illegal transient merchant is suspected, the enforcement official
requests to see a copy of their administrative permit. If they cannot produce a permit, the
Community Development Department is conta.cted for verification. When a transient
merchant is operating illegally, they are generally given a warning the first time an.d may
receive citations (fines) for repeat violations.
Other laws may apply, and in cases where illegal activities are identified, other
enforcement actions may be taken. An educational article was placed in the Fall 2008
City Watch regaxding Door-to-Door Solicitors and Scams that addresses some public
safety issues that would be difficult to address in an ordinance.
COUNCIL POLICY ISSUES
Are the current ordinance and regulations sufficient to protect public health,
safety and welfare?
o Should the ordinance regarding peddlers/solicitors in neighborhoods be
changed?
o Since transient merchants are regulated by the Zoning Code, should this
issue be referred to the Planning Commission for further review?
Should enforcement actions be intensified to initiate cita.tions (fines) upon the first
violation?
Attachments
2
I
Zoning Code 35-800
Public Nuisance Ordinance 19-701
Attachment I- Zoning Code, Section 35-800
Section 35-800. ADMINISTRATIVE PERMITS. No person shall use his
property or/and assist, countenance or allow the use of his or of another's property located
within the municipality for any of the following purposes or uses without first having
obtained a permit from the City zoning official. The use shall not for the duration of the
pernut, considering the time of yeax, the parking layout for the principal use, the nature of
the proposed use and other pertinent factors, substantially impair the parking capacity of
the principal use or impair the safe and efficient movement of pedestrian and vehicular
traffic either on or off the premises. A waiver from certain provisions of the sign
ordinance and from certain parking requirements of this ordinance is implied by the
granting of an administrative permit, but only for the duration of the permit and to the
extent authorized by said pernut.
1. Tents, stands and other temporary structures for church functions, civic
functions, charities, carnivals, and similar purposes for a period not
exceeding 10 days. The permit fee sha11 be as set forth by City Council
resolution. Certificates of in�urance may be required to assure the public
welfare.
Off-site signs promoting or announcing civic functions or community
events may be authorized by the City Council for a period not exceeding
10 days provided:
a. The off-site signs are located on private property in the
Commercial (C 1, C 1 A, and C2) or Industrial (I-1 and I-2) zoning
districts.
b. The off-site signs are limited to no more than five locations; and
c. There are no more than one sign per location.
Permits for such signs will be considered independent of any other permits
authorized by this section of the ordinance. The permit fee sha11 be per
sign location as set forth by City Council resolution.
2. Out of door retail sa1e, storage and display of inerchandise or offering of
services when accessory to or promoting a permitted use or a special use
within a nonresidential zoning district as follows:
e and
a. The out of door retail sale, dis la and storage of nurs ry
p Y
garden merchandise, including lawn furniture and equipment, for a
period not to exceed 30 consecutive weeks in any one calendar
year. The pernut fee shall be as set forth by City Council
resolution.
3
b. Miscellaneous out of door retail sales or displays or promotional
events for periods not to exceed 10 consecutive days. Two such 10
day permits may be allowed per premises per calendar year. The
permit fee sha11 be as set forth by City Council resolution.
c. Gasoline service stations may have miscellaneous out of door retail
sales, displays or promotional events for periods not to exceed 30
consecutive days. T'hree such _3 Q day permits may be allowed per
prernises per calendar year. Car wash fund raisers which are not
classified as being accessory to or promoting a service station
activity are pernutted for periods not to exceed 10 consecutive
days. Four such 10 day permits may be allowed per premises per
calendar year. Permit fees shall be as set forth by City Council
resolution.
3. Banners, pennants, ba.11oons, and other attention attracting devices for the
purpose of advertising dwelling units for sale or lease in multiple family
complexes with at least 36 dwelling units and located adjacent to a major
thoroughfaze, may be permitted by administrative pernut for periods not to
exceed 10 consecutive days. Two such 10 day permits may be allowed
per premises_�per calendar year.
Section 35-801. ADMINISTRATNE PERMIT APPLICATION. Application far
permission to engage in a use set forth within Section 35-800 shall be made to the City.
The applicant sha11 set forth his name, address, the location of the proposed use, the
duration of the proposed use, the hours of the proposed use, the nature of the proposed
use and shall submit a map or diagram describing the layout of the proposed use. The
zoning official may require such further information as will enable him to deternune
whether the proposed use meets the standards of this ordinance. The zoning official may,
subject to the appeal provisions of this ordinance, refuse to issue an administrative
permit; provided, however, that the reasons for refusal shall be sta.ted in writing to the
applicant, and the applicant shall be notified of the appeal provision.
4
Attachment II- Ordinance 19-701
_.�m
PROHIBITING DOOR-TO-DOOR SOLICITATION UNDER
CERTAIN CIRCUMSTANCES AS A NUISANCE
Section 19-701. NUISANCE. The practice of going in and upon private
residences in tlie City of Brook�TynLL Ceri�er by solicitors, hawkers, itineranY merchants and
transient vendors, for the purpose of soliciting orders for the sale of goods, wares,
merchandise, or services of any kind, or for the purpose of peddling the same when the
owner or occupant of said private residence has placed upon or near the usual entrance to
such residence a printed placard bearing the notice: "PEDDLERS AND SOLICITORS
PROHIBITED" in printing not smaller than 48 point type, or remaining in or upon such
private residence after the owner or occupant thereof had indicated to said solicitor,
peddler, hawker, itinerant merchant or transient vendor that his goods, wares, or
merchandise are not wanted, or that his presence in or upon said xesidence is not wanted,
is hereby declared to be a nuisance.
Section 19-702. PENALTY. Anyone violating any provision of this ordinance,
upon conviction thereof, sha11 be punishable by a fine of not more than one thousand
dollars ($1;000) or by impr"isoriment not to exceed ninety (90) days or both, together with
the costs of prosecution.
i
5
Work Session Agenda Item No. 4
Cit o Brookl n Center
y f y
A Millennium Community
MEMORANDUM COUNCIL WORK SESSION
DATE: October 22, 2008
_.�U m
.u.
TO: Brooklyn Center City Council
FROM: Curt Boganey, City M
SUBJECT: Legislative Policy Review
COUNCIL ACTION REQUIRED
Any Councilmember with suggested additions or changes to these draft policies may
wish propose said changes to the Council for endorsement. The League Board also
accepts comments directly from individual Council and staff inembers.
BACKGROUND
The City has until November 7, 2008 to forward any comments that it might have
regarding the proposed legislative policies of the League of Minnesota Cities. Staff is in
the process of reviewing these policies to determine if any of these policies would be
adverse to the interest of Brooklyn Center. Staff will submit any suggested additional
policies or changes for Council consideration.
COUNCIL POLICY ISSUES
Are the proposed draft polices of the LMC consistent with the goals and interest of the
City of Brooklyn Center?
6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityofbrooklyncenter.org
Policy Development Page 1 of 1
�,��cu� Q�
M,E!��r��e��rn
�r�rt�s
Policy Development
Every year, the League develops new legisla[ive policies with considerable member input The
City Policies serve as the foundation of the League's legistative and administrative advocacy
efforts during the legislative session.
Major events in the policy development process
During the summer, the League's four legislative policy committees meet [o review [he
most recen[ legislative session and its relevance to current city policies; discuss, develop,
and flnalize po�icies; and make specific policy recommendations to the League's Board of
Directors.
During tbe fall, a draft of the League's legislative policies is published online and
distributed to members for comments; member input is also gathered from city o�cials at
the League's Regionel Meetings. The League Board reviews member inpu[, amends
policies as needed, and adopts the policies on behalf of inembers.
During the legislative session, the League's legislative policies are the basis of our
adwcacy efforts at the Capifol. Should any policies need to be added or amended during
this time, [he League's Board of Directors will approve these as necessary.
View the 2008 City Policies (pdf)
Read more about policy development
Your LMC Resource
Let us know if you have questions
about or want to get involved in the
�eague's policy development
process.
Contact Brian Strub
Policy Coordinator
(651) 281-1256 or (B00) 925-1122
bstrub�lmc.org
2008 City Policies
The publication 2008 City Policies
outlines more than 100 legislative
positions. It is the foundation of the
League's legislative and
administrative advowcy efforts.
Read more about the 2008 City
Policies
^.or.ynant 2;7oG6 Lz�9ue ci Ail:'I(:P.>�C2 (..lil2i.:4�� Vf!IVEfSt;Y AvE. \{r,>dF �t PdU:� I.t,k SSIl:.3-?.!)9t; �h�YF2: (y41J 791-liDf: !�Q:�-f'7C2.. (SO;i; 4�$-:1?.i
i
http://www.lmnc.org/page/1 /policy-development.j sp 10/22/2008
E .�'.T�.3E oF +�C�i��tEC�'Il`�� c�x �I�II*�4���T[�I�G
Iti E S4�T� 5 r� c.� i� i.�
ITI�S
MEMORANDUM
e
To: Administrators, Managers or Clerks and League Policy Committee Members
From: Jim Miller, Executive Director
Date: October 6, 2008
Re: 2009 Draft Legislative Policies
You and your city now have the opportunity to help shape and finalize the League's 2009 City
Policies. Enclosed please find the Draft 2009 League of Minnesota City Policies, or view them on the
League of Minnesota website (www.lmc.org). This document includes the policies developed by more
than 150 city officials participating in the League's four policy committees this summer. Policies
recommended for deletion (stricken entirely) are those that were accomplished in the recent legislative
session.
The next steps in the policy development process will occur with the October meeting of the League's
Board of Directors where the Board will receive and review, on a preliminary basis, the draft policies
from the League's policy committees. The Board does not aoprove the oolicies until receivin� innut
from the �eneral membershiu. The Board will give final consideration to the draft policies at its
November 20, 2008 Board meeting.
Please review the draft policies and share your comments with the Board of Directors by emailing
comments to policvcomments(a�lmc.ore, or by directly contacting any member of the League's IGR
sta.ff with suggestions or questions. Each policy is followed by a set of initials indicating the staff
member responsible for that policy. A directory of IGR staff is included iri the front of the draft policy
document and below.
If you have comments on any of the policies, please include your name, title, and city as well as a
reference to the appropriate policy number in your message. The comment period will end on
November 7, 20Q8.
If you have any questions regarding the draft policies or the policy process, please feel free to contact
Intergovernmental Relations Director Gary Carlson at �carlsonn.lmc.or� or call 651.28L1255.
Thank you for taking the time to review the proposed Draft 2009 League of Minnesota City Policies.
League IGR staff information
Gary Carlson (GC) 651.281.1255 �carlson(a�lmc.or�
Anne Finn (AF) 651.281.1263 afinn(a�lmc.or�
Ann Higgins (AH) 651.281.1257 ahi�eins(c�lmc.or�
Jenn O'Rourke (JO) 651.281.1261 iorourke(�a,lmc.or�
Craig Johnson (C� 651.281.1259 ciohnson(c�tmc.or�
Hue Nguyen (Hl� 651.281.1260 hn�uvenn,lmc.or�
Laura Kushner (LK) 651.281.1203 Ikushner(a�lmc.or�
}�5 (�_t:;�'t'Fs�'ti1��`.4.�t`F_ k5r°��� FHCsti�tfr?�J �SI-1�4� F.SJC:�e�Jil L`a'�.—���
ST_ F�.[��L !.s,� �I a�� 13-�� t�.l�L F f'��: �.��7 �t�.�1 1�� 1.4�.b: �4�k 4'c.�:�r!°i 4nu
Send comments to policvcommentsna,lmc.or�
or contact an IGR representative
Comment period ends Friday, November 7, 2008
Gary Carlson (GC) 651.281.1255 �carlsonn.lmc.or�
Anne Finn (AF) 651.281.1263 afinnn.lmc:or�
Ann Higgins (AH) 651.2811257 ahie�ins(a�lmc.or�
Jenn O'Rourke (JO) 651281.1261 iorourkena,lmc.ore
Craig Johnson (CJ) 651281.1259 ciohnsonna,lmc.or�
Hue Nguyen (HN) 651281.1260 hn�uven(a�lmc.or�
Laura Kushner (LK) 651.281.1203 lkushnerna.imc.or�
Initials following each policy aYe those of the policy author.
Underlining indicates new language.
Strikeouts indicate deleted language.
i
TABLE OF CONTENTS
IMPROVING SERVICE DELIVERY 6
SD- l. Unfianded Mandates (GC/JO) 6
SD- 2. Local Approval of Special Laws (GC) 6
SD- 3. Redesigning and Reinventing Government (JO) 7
SD- 4. City Costs for Enforcing State and Local Laws (AF) 8
SD- 5. Responsibility for Locating Private Underground Facilities (AH) 9
SD- 6. Utility Relocation Under Design-Build Road Construction (AF) 11
SD- 7. National Fire Protection Association (NFPA) Standards (AF) 11
SD- 8. Ambulance Service Costs and Liabilit AF 12
Y
SD- 9. Fees for Service (AF) 14
SD- 10. Providing Information to Citizens (JO) 14
SD- 11. Contracting and Purchasing (CJ) I S
SD- 12. City Enterprise Operations (JO) 16
SD- 13. Initiative and Referendum (AH) 16
SD- 14. Civil Liabilit of Local Governments CJ
Y 17
SD- 15. Private Property Rights and Takings (HN) 18
SD- 16. Sustainable Development (HN) 20
SD- 17. Construction Codes (HN) 22
SD- 18. Disability Access Requirements (HN) 25
SD- 19. Restrictions on Possession of Firearnzs e�r (AF) 26
SD- 20. Creating a Minnesota GIS (AH) 27
SD- 21. Public Safety Communications {AF/AH) 27
SD- 22. CriMNet (AF) 28
SD- 23. Pawn Shop Regulation and Use of the Automated Pawn System (APS} (AF) 30
�r� �n �a n r��� 31
SD- 25. Compensation and Reimbursement for Public Safety Services (AF) 32
SD- 26. Administrative Fines (AF) 33
SD- 27. Homeland Security Costs and Liability (AF) 34
SD- 28. Immigration Reform (AF) 35
SD- 29. Racial Profiling (AF) 36
SD- 30. Legalization of Fireworks (AF) 37
SD- 31. Traffic Enforcement Cameras (AF) 38
SD- 32. Fire Mutual Aid (AF) 39
40
SD- 34. Operation of Motorized Foot Scooters (AF) 40
SD- 35. Methamphetamine (JO) 41
SD- 36. State Regulation of Massage Therapists (AF) 41
SD- 37. On-Sale Liquor or Wine Licenses to Cultural Centers (JO) 42
SD- 38. Youth Access to Alcohol and Tobacco (JO} 43
SD- 39. Smoking Ban Ordinances (JO) 43
SD- 40. Environmental Protection (CJ) 44
SD- 41. Impaired Waters (CJ) 46
2
SD- 42. Phosplzorus Reduction (CJ) 47
SD- 43. Urban Forest Management Funding (CJ/JO) 48
SD- 44. Election Issues (AH) 49
SD- 45. Local Election Authority (AH) 50
SD- 46. Ranked Choice Voting Issues (AH) 51
I SD- 47. State Assistance for Library Funding (JO) 51
SD- 48. Park and Libr.ary Land Tax Break (JO) S;2
SD- 49. Charter Law E�ges Expense Limit Increase (GC/AH) 52
ri„ i�r� 53
..u�.,
SD-NEW A. Liquor Licensing for City Venues (JO) 54
SD-NEW S. Maintenance of Effort for Libraries (JO) 54
SD-NEW C. Organized Solid Waste Collection (CJ) 55
SD-NEW D. Rental Housing Licensing (HN) 57
I IMPROVING LOCAL ECONOMIES 58
LE- 1. Growth Management and Annexation (CJ/HN) 58
LE- 2. Off cial State Mapping Responsibility (CJ/AF) 59
LE- 3. Electric Service Extension (AH) 60
LE- 4. Statutor A roval Timelines CJ ..........................................:..........60
Y PP
LE- 5. Public Infrastructure Utilities (AF) 62
LE- 6. Develo ment Dis utes CJ 62
P P
LE- 7. New Resources for Affordable Housing (HN) 63
LE- 8. Residential Care Facilities (group homes) (HN/AF) 64
LE- 9. Inclusionary Housing (HN) 65
LE- 10. Community Land Trusts (AH/HN) 66
LE- 1 l. State Broadband Policy Priorities for Ciries (AH) 66
LE- 12. Competitive Cable Franchising Authority (AH) 68
LE- 13. Right-of-Way Management (AH) 70
LE- 14. Wireless Tower and Antenna Siting (AH) 71
LE- 15. Use Deeds (GC) 72
LE- 16. Economic Development Authorities {JO) 73
LE 17. Workforce Readiness (JO) 73
LE- 18. Community Reinvestment Partnerships and Financing (JO) 74
LE- 19. Tax Increment Financing (TIF) (JO) 75
LE- 20. TIF District Deficits (JO) 76
LE- 21. Business Subsidies (JO) 76
LE- 22. Business Development Programs (JO) 77
LE- 23. Land Recycling Programs (JO) 78
LE- 24. Property Tax Abatement Authority (JO) 79
LE- 25. OSA Response Timelines (JO) 79
LE- 26. OSA Time Limitations (JO) 80
LE- 27. Adequate Funding for Transportation (AF) 81
LE- 28. Turnbacks of County and State Roads (AF) 83
LE- 29. Mn/DOT Rights-of-Way Maintenance (AF) 83
LE- 30. Road Funding for Cities Under 5,000 (AF) 84
84
3
LE- 32. Railroad-Related Projects (AF) 85
LE- 33. c•�*°...:a° n..;�+;� Airport Planning and Funding (AF) 86
LE-NEW A. Transit Improvement Areas (JO) 87
LE-NEW B. Foreclosure (HN) 88
LE-NEW C. Energy Efficiency Improvement Requirements for Housing (CJ) 89
IlVIP120VING FISCAL FU'TURES 91
FF-l. State-Local FiscaT Relations (GGJO) 91
FF-2. State Budget Stability (GC/JO) 92
FF-3. Funding LGA (GGJO) 93
FF-4. Local Government Aid Reform (GG/JO) 94
rr c na r� a+� et��o n; !f'_!''/Tfl\
��o��o���-..... 96
FF-6. State Charges for Administrative Services (GC/JO) 96
FF-7. Reporting Requirements (GC/JO) 97
FF-8. Limited Market Value and Homestead Tax Burdens (GC/JO) 97
FF-9. Restructuring the Marl.et Value Homestead Credit (GGJO) 98
FF-10. Sales Tax on Local Government Purchases (GC/JO} 98
FF-11. Sales Tax on Capital Equipment (GC/JO) 99
FF-12. Taxation of Electronic Commerce (GC/JO) 9�
FF-13. Taxation of Electric Generation Personal Property (GC/JO) 100
FF-14. State Restrictions on Local Budgets (GC/JO) 101
FF-15. Truth-in-Taxation Process (GC/JO) 101
FF-16. City Fund Balances (GC/JO) 102
FF-17. City Revenue Diversification (GGJO) 102
FF-18. City Franchise Authority (GC/JO) 103
FF-19. rr.;,;+<, �r.,,,,.,�,,,,, v„�o� Utility Valuation Transition Aid (GC/JO) 104
FF-20. Payments for Services to Tax-Exempt Property (GC/JO) 105
FF-21. n „�,,,.o n„��,,.,.;,-., f_�c:,.;o., ir-cirn� 106
FF-22. Im act Fees GC/JO l Ob
P
FF-23. Equity in Library Funding (GC/JO) 107
FF-24. Equitable Funding of Community Education Services (GC/JO) 107
FF-NEW A. Housing Improvement Areas (JO) 108
HUMAN RESOURCES DATA PRACTICES ............................109
HumanResources
HR-1. Personnel Mandates and Limits on Local Control (LK/AF) 109
HR-2. Firefighter and Ambulance Payroll (LK/AF) 110
HR-3. Pay Equity (LK/AF) 110
HR-4. Public Employment Labor Relations Act (PELRA} (LKIAF) 111
HR-5. Payment of Arbitration Fees (LK/AF) 111
HR-6. Essential Employees (LK/AF) 112
HR-7. Re-employment Benefits (LK/AF) 112
HR-8. Pension Benefits (LKIAF) 113
HR-9. Public Employees Retirement Association (PERA) (LK/AF) 113
4
HR-10. Pension Post Fund Deficit (LKIGC/AF) 115
HR-11. Volunteer Firefighter Pension Benefits (GC/AF) 116
HR-12. Retirement Work Incentives (LK/AF) 117
HR-13. State Paid Police and Fire Medical Insurance (LK/AF) 117
HR-14. Health Care Insurance Programs (LK/AF) 120
T-��--1 T�P�P7�R� �nm�rin�n� +'l. ir rr i n�i�r� 121
1 V Ul1 Vl1J
-HR-16. Workers' �ompensatio� {�,K/AF} 12�.
HR-17. Breathalyzers (LK/AF) 122
HR-18. Veterans' Preference (LKIAF) 123
HR-19. Drug and Alcohol Rehabilitation (LK/AF) 123
DataPractices ............................................................................................................................123
DP- l. Data Practices and Open Meeting Law Compliance Issues (AH) 123
FederalEmployment Law ........................................................................................................125
FED- l. FLSA/Overtime Compensation (LKIAF) 125
FED- 2. Consolidated Omnibus Budget Reconciliation Act (COBRA) (LK) 125
FED- 3. Medicare/Medicaid Premium Disbursements (LK/AF) 125
FED- 4. Flexible Spending Accounts (LK/ER) 126
FED- 5. Reserve Income Replacement Program (RIRP) (LK) 126
FED- 6. IRS Regulations on Death Benefits (LK) 127
FED- 7. Federal Public Safety Collective Bargaining Bill (LK) 127
HR-NEW A. Part-Time Peace Officer Licenses (AF/LK) 128
HR-NEW B. Background Checks (AF/LK) 129
DP-NEW A. Preliminary Budget Documents (AH/LK) 129
ELECTRIC RESTRUCTURING .....................................................131
ElectricRestructuring ..............................................................................................................131
Stranded Recove�ry ...........................................................................................................134
PropertyTax ..............................................................................................................................135
5
COMM�TTEE RECOMMENDA T�ONS
2 IMPROVING SERVICE DELIVERY
3 SD-l. Unfunded Mandates (GGJO)
4 fssue: The cost of federal and state mandated programs substitute the �utlgment of Congress, the
5 president, the Minnesota Legislature, and the governor for local budget priorities. These
6 mandates force cities to reduce funding for other basic services or to increase taxes and service
7 charges. The passage by the Legislature of reporting requirements for new state mandates, the
recently-enacted Office of the State Auditor program for local governments to register their ideas
9 for mandates reform, and the passage by Congress of legislation restraining new federal
10 mandates, should help address the problem, but other steps are necessary.
11
12 Response:
13 Existing unfunded mandates should be reviewed and modified, or repealed where
14 possible.
15 No additional statewide mandates should be enacted unless full funding for the
16 mandate is provided by the level of government imposing it or a permanent stable
17 revenue source is establishe,d.
18 Cities should not be forced to comply with unfunded mandates.
19 Cities should be given the greatest flexibility possible in implementing mandates to
20 ensure their cost is minimized.
21 The le�islative local imnact note arocess should be modified to allow the chairs or
22 rankin� minoritv members of t�e Senate Finance Committee and the House Wavs and
23 Means Committee to make reauests for local imuact notes. In addition. a prepared local
24 imnact note must be distributed to the chair or rankin� minorih� member of anv
25 committee considerin� the bill.
26
27 SD-2. Local Approval of Special Laws (GC)
28 Issue: The Minnesota Constitution prohibits special legislation except for certain special laws
29 relating to local government. It provides that a special 1
aw must name the affected local unit of
6
COMMITTEE RECOMMENDA TIONS
1 government and is effective only after approval by the local govei7lment unit, unless general
2 state law provides otherwise. Under state statute, a special law is not effective unless approved
3 by the affected lo�cal unit of government, except under limited circumstances.
4
5-. In recent years, the Legislature has occasionally enacted general laws that affect a si�gle local
6 unit of government. By enacting a general law with limited application, local approval is not
7 required.
8
9 Response: The League supports the constitutional requirement that a special law must be
10 approved by the affected local unit of government before it can take effect. If a law is
11 intended to affect or benefit a single local unit of government, the Legislature must follow
12 the requirements for enacting a special law set forth in the Minnesota Constitution and in
13 state statute. The League specifically opposes the Legislature's technique of bypassing the
14 constitution by not naming the local government, but describing the local government in
15 such narrow terms that it can only apply to one entity.
16
17 SD-3. Redesigning and Reinventing Government (JO)
18 Issue: Every level of government is re-evaluating, reprioritizing, redesigning, and renewing its
19 organizational structure and programs in response to financial realities and citizens' needs and
20 problems. Reforms, however, must be more than change for the sake of change or a reshuffling
21 of existing programs to appease the electorate.
22
23 To be meaningful, reorganization and reassignments of governmental entities and services
24 should save money where feasible, deliver improved services, serve essential needs, and be
25 equitably structured. Cities have and will continue to re-evaluate city programs and services,
26 pursue the use of cooperative agreements, and consider organizational changes that provide
27 greater government efficiency and result in better service to citizens.
28
29 Response: The federal, state, and county governments should:
COMMITT�E RE�'OMMENDA Tl'ONS
•1 Ensure that in redesigning, reinventing or reassigning government services and
2 programs, the appropriate level of service to citizens is evaluated and citizen demands
3 and expectations are adequately addressed.
4 Promote local efforts through incentives rather than mandates.
5-� Gomtnunicate-and establish a-pro�ess of negotiation before shifting�responsibil�ty for
6 delivering services from one level of government to another, or seeking to reduce
7 service duplication.
8 Transfer authority for use of revenues dedicated to such programs or provide
9 appropriate and adequate alternatives.
10 e Identify and repeal programs or discontinue services t�at are no longer necessary, and
11 evaluate which services can readily and fairly be provided by the private sector.
12 s Employ existing government entities in redesign efforts rather than create new agencies
13 or units.
14
5 SD-4. City Costs for Enforcing State and Local Laws (AF)
16 Issue: Cities experience substantial costs enforcing state and local laws, particularly those
17 related to traffic, controlled substances, and incarceration of prisoners. The current method in our
18 criminal justice system of recovering costs for law enforcement and prosecution through fines is
19 insufficient to meet the costs incurred by local governments. Further, when a violator requests
20 relief from paying the full amount of the fine and surcharge, the courts have been more inclined
21 to waive the fine than to reduce the surcharge. When this occurs, the local units of government
22 recover no costs even though the city has incurred expenses.
23
24 Response: The Legislature should review this issue and adopt measures that provide for
25 complete reimbursement of the costs incurred by local governments in enforcing state and
26 local laws. For example, the Legislature should closely monitor whether local units of
27 government incur additional enforcement and/or prosecution costs as a result of the
28 recently reduced driving while intoxicated (DWI) threshold. The state should provide the
.29 necessary funding to compensate local units of government for related cost increases.
30 Solutions that should be considered include.
s
COMMITTEE RECOMMENDA TIONS
1 Increasing �ne amounts.
2 Removing or modifying county and state surcharges that conflict with cost recovery
3 principles.
4 Requiring the courts to consider ordering restitution from the defendant to reimburse
5 the costs of °enforcement and prosecution as part of any sentence based an ability to pay.
6 Requiring that if a court reduces the amount paid by a violator, any reduction should
7 be made from the surcharge and not the fine.
8
9 SD-5. Responsibility for Locating Private Underground Facilities (AH)
10 Issue: Cities axe responsible for complying with major changes to
11 state pipeline safety regulations issued by the Minnesota Office of Pipeline Safety (MNOPS).
12 Under the regulations, cities are responsible for locating and marking private service laterals that
13 connect in the public right-of-way to city sanitary and storm sewer, water, and district heating
14 systems. Eit� °a.
15
16 Citv concerns re�ardin� the increased likelihood of damage to private service laterals
17 continue. Durin� sewer and water service renlacement and renair or when cable or fiber to the
18 premises (FTTPI are bein� installed, those under�round facilities located on private property
19
2p are vulnerable to bein� hit or cut, particularly when horizontal
21 directional drilling (HDD} methods are used.
22
23 Response: Cities have made changes to local permitting requirements for installation of
24 service connections to city water mains and sewer systems. Some cities �t�pese�
25 im�ose mapping and locati.ng requirements for installation of private services. Cities have
26 also attempted to regulate horizontal direction drilling to limit liability for cities and assign
27 responsibility to excavators for hits and damage to existing and newly
28 installed private underground facilities. Proper locates require that contractors accept
29 responsibility for damage and threats to public safety as a result of loss of service and
30 damage resulting from excavation activity. Private contractors working for builders,
9
C�MMITTEE RECOMMENDA TIONS
.1 investor-owned utilities, telecommunications and other service providers must construct or
2 install underground utilities in compliance with local permitting, right-of-way management
3 ordinances and building code requirements.
4
5 Contractors operating HDD equipment should be required to be responsible for training
6 operators; maintaining logs regarding scope of work, contractor name, and materials
7 installed; and for any damage done to public or private property. In addition, property
8 owners in the excavation area should receive advance notice of any directional boring or_
9 other excavation activities that could affect the quality of utility services. Notice must
10 include at least one phone number for assistance in case o�' any service problems.
11
12 When engaged in such proj�r�ts within the public right-of-way, cities may require that HDD
13 contractors provide advance notice to the city or municipal utility of intent to use
14 directional drilling; and require them to expose all city utilities and private service latera��
1 S that they cross or parallel. At meets, excavators should also be required to provide and
6 distribute copies to locators of documented written requests for locates, including a map.
17
18 Cities must also have discretion not to Iocate privately-owned laterals for which they have
19 no accurate locate records, and not be held responsible for actions by excavators when the
20 city determines not to locate such facilities. Excavators shauld be held responsible for
21 locating and protecting any private service lateral that is potentially impacted by
22 excavation activities conducted on private property beyond the public right-of-way. At a
23 minimum, cities and excavators should undertake reasonable efforts to share available
24 information regarding the location of such facilities.
25
26 Nothing in statute or rules should absolve contractors and excavators from liability and
27 damages as a result of their actions.
28
io
COMMITTEE RECOMMENDA TIONS
1 SD-6. Utility Relocation Under Design-Build Road Construction (AF)
2 Issue: The Minnesota Department of Transportation (Mn/DOT) has promoted legislation relating
3 to the design-build construction process that would require private and public utilities to be
4, respansible for utility relocation necessitated by road construction. Th� poli�y, if enaczed, would
5 create unanticipated costs for utilities owned and operated by cities. Municipally-owned utilities
6 would be unreasonably held to the same standards as privately-owned utilities that exist in the
7 ublic ri t- -w
p gh of ay.
8
9 Response: The League supports use of the design-build procedure; however, municipal
10 utilities that exist in the public right-of-way should not be penalized under this process.
11 Municipal utilities legitimately exist in the public right-of-way. When a Mn/DOT
12 construction project requires the relocation of utilities, the cost of relocating municipal
13 utilities should be shared equitably between the department and affected municipal
14 utilities.
15
16 SD -7. National Fire Protection Association (NFPA) Standards (AF)
17 Issue: The National Fire Protection Association NFPA is an international association of
I
18 individuals and trade and rofessional or anizations that deals with fire and life safet The
P g Y
19 NFPA has advocated legislation that would mandate two standards: NFPA 1710, Organization
20 and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special
21 Opepations to the Public by Career Fire Departments, and NFPA 1720, Organization and
22 Deployment of Fire Suppression, Emergency Medical Operations, and Special Operations to the
23 Public by Volunteer Fire Departments. NFPA standards 1710 and 1720 define minimum
24 response times, minimum fire company staffing levels, initial full alarm response levels, and
25 extra alarm response levels. Although NFPA codes and standards are voluntary, they are often
26 adopted by local jurisdictions. NFPA standards 1710 and 1720 pre-empt local authority and
27 place a one-size-fits-all mandate on all cities.
28
29 Response: Levels of service delivery for fire and emergency medical services (EMS) have
11
�'OMMITTEE RECOMMENDA T�ONS
•1 always been determined by local jurisdictions. The NFPA has gone outside its authority in
2 proposing the national minimum response, operating, and staffing standards. If mandated,
3 the NFPA standards would force local governments to shift dollars from fire prevention
4 programs to fire suppression activities, potentially increasing the risk of fire and the
5_ danger to local:firefighters. i'
6
7 The League opposes any attempt to mandate standards for minimum staffing levels of fire,
8 specialized or emergency medical services vehicles controlled by units of local government.
9 The Lea ue also 0 oses an attem t to ado t a standard dictatin or affectin the
g PP Y P P g g
10 response time of any fire, specialized or emergency medical services vehicle.
11
12 SD-8. Ambulance Service Costs and Liability (AF)
13 Issue: The cost of providing arnbulance care has increased steadily over the last several years
14 due in part to changes in Medicare reimbursement. The federal Balanced Budget Act (BBA) of
•5 1997 made two significant changes to ambulance billing. First, the act mandated that all
16 ambulance services accept Medicare assignments as payment in full; that is, ambulance services
17 cannot bill the Medicare patient for any unpaid balance beyond the Medicare payment. Second,
e fee
t w emented in A ril 2002. The n w
1 8 t h e a c m a n d a t e d a u n i f o r m f e e s c h e d u l e t h a t a s i m p l p
19 schedule si gnificantl y reduced reimbursement levels for man y ambulance services. The BBA
20 mandates are im acti� the abilit of some Minnesota ambulance service roviders to adequately
P Y p
21 fund their operations.
22
23 The loss of revenue due to Medicaxe reimbursement changes, coupled with higher insurance
24 rates, is affecting the ability of many non-government-based ambulance service providers to
25 deliver emergency care, particularly in rural Minnesota. All ambulance sezvices and personnel
26 are regulated by Minn. Stat. 144E and must comply with the same licensing, training, and
27 equipment-related requirements, regardless of ownership. However, non-gavernment-based
28 ambulance service providers are treated differently from government-based service providers in
29 terms of exposure to liability. While government-based ambulance service providers have
�0 specific statutory caps on damages that limit their liability, non-government-based ambulance
12
COMMITTEE RECOMMENDA TIQNS
l service providers are not protected by such caps. Consequently, non-government-based
2 ambulance seivice providers have experienced inordinate growth in their insurance rates.
3
4 Non-govemment-based ambulance service liability exposure is a concern for three reasons. First,
5- municipalities that contract for ambulanc� service may be required to purehase ex�ess liabi�ity
6 coverage in order to protect non-government-based ambulance service providers against claims.
7 Second, it may discourage mutual aid agreements between government- and non-government-
8 based ambulance service providers. Finally, unlimited liability exposure threatens the existence
9 of small, non-government-based nu ambulance providers, which could leave large geographic
10 areas without any ambulance service and undermine emergency response to mass casualty
11 incidents.
12
13 In addition, the liability exposure of inedical directors associated with ambulance service is a
14 concern. Wl�ile medical directors of government-based ambulance services may arguably be
15 covered by public official immunity, the law is unclear and should be clarified.
16
17 Response: The League supports federal legislation that would:
18 Require Medicare to set ambulance payment rates at the "national average cost" of
19 providing service.
20 Require adequate reimbursement for ambulance providers.
21 Establish a"prudent layperson" standard for the payment of emergency ambulance
22 claims such that if a reasonable person believed an emergency medical problem existed
23 when the ambulance was requested, Medicare would pay the claim.
24 Make it easier for providers to file claims with Medicare by eliminating a processing
25 system that often leads to the rejection of legitimate reimbursement claims.
26
27 The League also urges the Legislature to extend the protection of the state and municipai
28 Tort Claims Act to, at a minfmum, licensed third parties that contract with a municipality
29 to provide ambulance services. The League also supports insuring the applicability of
30 public official immunity to medical directors in the course of ambulance service activities.
31
13
COMM�TTEE RECOMMENDA TIONS
1 SD-9. Fees for Service (AF)
2 Issue: While general services—such as pennitting, inspections or enforcement—are typically
3 funded out of a city's general fund, cities often impose fees to cover the cost of providing certain
4 services, permits, and licenses.
S
6 The Legislature and interest groups often seek to mandate specific fee limitations for va�ious city
7 services. Over the last several years, the Legislature has enacted a number of new laws designed
8 to rigorously control local fee-setting authority. Examples of such mandates include placing
9 limits on coin-operated amusement machine license fees, on-sale and off-sale liquor license fees,
10 license fees for retailers selling fireworks, and planning and zoning fees. The state also requires
1 l cities that collect more than $5,000 in development-related fees each year to annually report all
12 construction and development fees to the Department of Adininistration. In addition, the
13 Legislature adopted a law defining "tax" to mean any fee, charge or assessment imposed by a
14 governmental entity. This provision requires that fees or charges which meet the definition of a
5 tax must be treated as a tax for all purposes.
16
17 Response: While the state has a role in providing a general, statewide funding policy, the
18 state should not interfere in the decision-making functions performed by cities when setting
19 city budgets to provide city services. The League seeks authority for cities to charge fees
20 that are reasonably related to the cost of providing the service, permit or license. The
21 League opposes legislation that would require specific methods to pay for city services or
22 would place caps on city fees.
23
24 SD-10. Providing Information to Citizens (JO)
25 Issue: To kee the ublic u dated and informed, state law requires local units of govemment to
P P P
26 publish various notification documents in newspapers, and often dictates which newspapers
27 receive cities' publication business. The number and variety of documents that are required to be
28 published and the costs of publication are burdensome. Technological advancements have
14
COMMITTE� RECOMMENDA TIONS
1 expanded the ways govern�nent can provide infonnation to citizens. In many cases, these new
2 technologies are more efficient and cost effective.
3
4 Response: Cities should be authorized to take advantage of new technologies to increase the
5--d�sse�nir��tisn o� info�mation to citizens-and potentially lower the associated costs.-
6 Specifically, the Legislature should authorize local units of government to designate an
7 appropriate daily/weekly publication; elect alternative means of communication such as
8 city newsletters, cable television, and city web sites; and expand the use of summaries
9 where information is technical or lengthy. Additionally, the Legislature should eliminate
10 outdated or unnecessary publicadon requirements.
11
12 SD-11. Contracting and Purchasing {CJ)
13 Issue: Minnesota statutes stipulate contracting and purchasing requirements for Minnesota cities.
14 The law prescrihes the process political subdivisions must use to make purchases and award
15 contracts, and requires a competitive sealed bid procedure for contracts or purchases over
16 $50,400. The intent of these statutory requirements is to provide taxpayers with the best value for
17 their dollar and ensure integrity.in the process. However, imposing these statutory requirements
18 may, at times, result in political subdivisions paying more for goods and services than pr�vate
19 entities under the same circumstances.
20
21 The Legislature recognized the benefits associated with alternative purchasing methods when it
22 amended municipal contracting law in 2004 to authorize the use of reverse auctions to purchase
23 supplies, materials, and equipment. Similazly, other contracting procedures, including "design-
24 build" and direct negotiation are proven alternatives to the formal bidding process. Authorizing
25 broader use of these types of alternatives would further streamline local contracting and reduce
26 cities' purchasing costs.
27
28 Response: The League supports broader use of alternative contracting and purchasing
29 methods that streamline the process and reduce lacal purchasing costs. Specifically, the
30 League supports authorizing cities to use the design=build procedure and providing
15
CONfMITTEE RECOMMENDA TIONS
,1 municipalities with broader authority, similar to that of private businesses, to directly
2 negotiate contracts. The Legislature should establish a task force to review municipal
3 contracting laws, and consider contracting and purchasing reforms that give cities the
4 flexibility to provide quality goods and services at the lowest cost to taxpayers.
5
6 SD-12. City Enterprise Operations (JO)
7 Issue: Historically, city enterprise operations have been created in response to community needs,
8 lack of a private market, financial reporting requirements, state and federal mandates, to enforce
9 state and local law, and to ensure a quality of life for the residents of a community. Establishing
10 an enterprise operation allows a city ta provide a desired service while maintaining financial
11 control over service levels, costs, and public inputs.
12
13 In some cases, enterprise operations produce general public benefits and may require public
14 support to ensure a desired level of service at a reasonable cost. The benefits of an enterprise
5 operation, therefore, should be evaluated not solely in terms of profitability but also on the
16 service benefits to citizens of the community.
17
18 Response: The League supports the local decisions made by cities to deliver services by
19 establishing a city enterprise operation. The state should refrain from infringing on the
20 ability of a city to provide services for its community.
21
22 SD-13. Initiative and Referendum (AH)
23 Issue: The Legislature may consider legislation to establish initiative and referendum in state
24 election law bv vronosin� to place a question on the state general election ballot for
25 voter approval to amend the state constitution to a11ow state
26 laws to be initiated or renealed bv submission of uetitions which would cause such auestions to
27 be placed on the state eeneral election ballot.
28
i
16
COMMITT�E RECOMMENDA TIONS
1 Response: Cities strongly support our representational system of governance, and therefore
2 oppose amending the state constitution to pro�ide for initiative and referendum. The
3 Legislature is the appropriate governing body to consider and enact public policy that
4 reflects statewide interests.
5
6 The process of adopting state law based on good public policy is best upheld and supported
7 by increasing the accountability and responsiveness of the legislative process, not by
8 circumventing it. Presenting complex issues to voters in the guise of direct democracy
9 further weakens representative government.
10
11 A state constitutional amendment to provide for initiative and referendum subjects cities
12 and their residents and taxpayers to the unintended outcomes of such unwise attempts to
13 place those decisions into the hands of special interests that can raise unlimited funds for
14 the purpose of promoting their more narrow interests.
15
16 SD-14. Civil Liability of Local Governments CJ
17 Issue: One of the barriers to the delivery of governmental services and programs is the exposure
18 of local governments and their officials to civil damage claims. The state has acted to protect
19 itself and its local governments by enacting exceptions and limitations to liability suits, and
20 authorizing self-insurance and other mechanisms to deal with claims allowed by law.
21
22 Response: The League supports:
23 Creating an exception to municipal tort indemnification law, Minn. Stat. 466.07,
24 where an employee is defended and indemnified for claims under a contract of
25 insurance carried by the employee.
26 Extending the protection of the state and municipal Tort Claims Act to quasi-
27 governmental entities when performing public services such as firefighting or licensed
28 third-party ambulance providers that contract with a municipality to provide
29 ambulance services.
17
C01V�MITTEE RECOM�VIENDA TIONS
.l Existing constitutional safeguards for protecting public and private property interests
2 without any statutory expansion of praperty rights.
3 Clarifying and maintaining the applicability of municipal immunity in various areas,
4 including, but not limited to, vicarious official immunity and park and recreational
5-- immunity, ine�udtng the ex�ension to entities provi�ing a-public service that have not
6 traditionally been included within the immunity (e.g., state trails over municipal utility
7 easements).
8 Preserving recent changes to Minnesota's joint and several liability laws that require a
9 municipality to be at least 50 percent at fault to be held responsible for 100 percent of a
10 damage award.
11 Reasonable limits on the amount and circumstances in which statutory attorney fees
12 may be awarded in order to encourage settlement by all parties and decrease the
13 likelihood of litigation.
14
15 SD-15. Private Property Rights and Takings (HN)
16 Issue: The Legislature has considered an increasing number of bills designed to diminish or limit
17 local governments' ability to exercise traditional planning, zoning, and eminent domain
18 authority. In the wake of the U.S. Supreme Court's decision upholding the ability of local
19 governments to use eminent domain for economic develapment purposes, the Legislature
20 enacted significant restrictions on cities' use of eminent domain for economic dev�lopment and
21 redevelopment, and imposed new compensation and procedural requirements that apply to all
22 condemnation actions, including those for traditional public uses such as roads, parks, and
23 schools. Legislation to control cities' abilities to perform regulatory acts—such as road rights-of-
24 way condemnation, shooting range zoning, and amortization—has also received strong support
25 from legislators. In addition, some legislators would like to authorize businesses to seek inverse
26 condemnation when a governmental entity enters the business market and provides competing
27 goods or services or limits the number of businesses that can operate privately or receive public
28 contracts. Finally, bills have been introduced to codify the property rights section of the
29 Minnesota Constitution.
.30
�s
COMMITTEE RECOM1YfENDA TIONS
1 The League supports local governments' ability to balance the rights of private landowners with
2 the interests of the public. The League, however, is concerned that aggressive efforts by property
3 rights advocates to limit local government authority, or require compensation for regulatory
4 actions that impact private property, will adversely impact cities in four ways.
5
6 First, such legislative initiatives threaten a wide array of planning, environmental, historic
7 preservation, and land conservation measures and undermine the fundamental responsibility of
8 cities to protect the public health, safety, and welfare of its citizens. Second, recent changes to
9 Minnesota's eminent doinain statute create uncertainty in the law that will delay resolution of
10 condemnation cases, cost taxpayers more for public projects, and make it more difficult for cities
11 to assemble the parcels of land needed to facilitate critical development and redevelopment
12 projects. T'�ird, allowing businesses to seek inverse condemnation when a city provides
13 competing goods or services or limits the number of private operators would discourage cities
14 from undertaking public-private partnerships, such as organized collection of solid waste to
15 manage flow, address public safety concerns, and minimize wear and tear on local infrastructure.
16 Fourth, if the Legislature acts to codify part of the Minnesota Constitution, an argument could be
17 made that the Legislature intended to create new causes of action against cities. This would
18 encourage more lawsuits and expose cities to the expense of defending those cases.
19
20 Response: State law must continue to provide cities with the tools needed to balance the
21 rights of private property owners with the interests of the public. The League opposes
22 legislation that diminishes the ability of cities to act in the best interest of the health, safety,
23 and welfare of its citizens; that increases the cost of doing business for the public good; or
24 that creates the possibility of additional lawsuits against cities.
25
26 Specifically, the League opposes legislation that:
27 Allows businesses to seek inverse condemnation when a city provides competing goods
28 or services, or limits the number of private operators.
29 Creates an automatic cause of action for damages any time a local regulatory action
30 impacts the use or reduces the value of private property.
31
19
COMMI�'TEE RECOMMENDATIONS
1 The League supports legislation that:
2 Authorizes cities to use eminent domain for economic deveiopment and redevelopment
3 projects that advance a greater public good that benefits the community.
4 Empowers local elected officials to determine whether a particular taking of praperty
5 serves a public purpose:_.
6 Creates incentives to encourage landowners to voluntarily sell their property to the
7 public for development or redevelopment.
8
9 SD-16. Sustainable Development (HN)
10 Issue; Minnesota cities spend significant time and resources planning for growth, development,
11 and redevelopment that will best serve the future needs of their citizens. Numerous factors are
12 considered as part of that process, but an area of mcreasing mterest mvolves concepts often
13 categorized as "sustainable development". Minn. Stat. 4A.07, subd.l (b) defines this term, as it
14 pertains tolocal government, to mean "development that maintains or enhanc�s economic
5 opportunity and community well-being while protecting and restoring the natural environment
16 upon which people and economies depend. Sustainable development meets the needs of the
17 present without compromising the ability of future generations to meet their own needs."
18
19 Cities play a key role in fostering sustainable development and other conservation practices due
20 to their role in land use planning and zoning, stormwater and wastewater management, and local
21 economic development. Local governments can take a lead on these issues by choosing to
22 incorporate aspects of sustainable development into their local operations and facilities. They can
23 also develop local policies and regulations that support and guide individual and private
24 sustainability efforts. The ability of a city to affect these changes can, however, be restricted by
25 policies and requirements imposed by other levels of government.
26
27 Sustainable development initiatives can cover a wide range of issues, but share the benefit of
28 lessening the future environmental impacts of communities on the land, air, and water in their
�29 area. Lakes, streams, rivers, wetlands, wildlife habitat, and other natural resources can be
30 protected and enhanced in quality through local efforts. Energy efficiency and renewable energy
20
COMMITTEE RECOMMENDA TIONS
1 production reduce the energy demands of a community and the environmenta] impacts of energy
2 production. By more efficiently using public infrastructure and minimizing resource
3 consumption, the costs to individuals, business, and government can be reduced. New and
4 expanded business and job o ortunities are also enerated b the reen roducts and services
PP g Y g P
5 needed to implement sus�ainable development initiatives.-T-he ideal resuit of well-planned
6 sustainability and conservation efforts is a city that is more e�cient in the use of its resources
7 and infrastructure, creates fewer environmental problems for future generations to address, and is
8 a more desirable home for residents and businesses.
9
14 Response: The League supports federal, state, and regional efforts to promote sustainable
11 development where the effectiveness of the proposed practice is supported by sound
12 science, and as long as those efforts do not supersede the authority of local governments to
13 determine their own policies regarding land use and related issues. Providing technical
14 assistance and financial incentives, and streamlining regulations to encourage local
15 governments and private property owners to engage in sustainable development practices,
16 as well as assisting in education and information efforts for the buildin indust and the
g rY
17 public, are the best means to generate successful results. These programs should focus on
18 outcomes, allowing flexibility in how to best meet those outcomes in different locations and
19 situations. The League opposes mandates that limit the authority of cities to determine
20 what practices,will best meet the needs of their communities.
21
22 The League supports sustainable-development efforts that meet the above criteria,
23 including programs proposed in the following areas:
24 Shifting public resources, services, investments, purchasing power, and procurement
25 toward more economically and environmentally sustainable outcomes where those
26 solutions are cost effective and appropriate.
27 Using local land-use planning and zoning to protect and enhance limited natural
28 resaurces, and reduce the impacts of growth and development on local infrastructure.
29 Promoting efficient and renewable energy sources.
30 Encouraging sustainable building design, construction, and operation strategies focused
31 on integrated design, energy efficiency, water conservation, stormwater management,
21
��MM�T �'EE RE COMMENDA TI4NS
1 waste reduction, pollution prevention, indoor environmental quatity, and the use of
2 low-impact building materials and products.
3 Supporting sustainable economic development, such as brownfield clean-up, on-site
4 stormwater management, and sustainable business practices and technologies.
5
6 SD-17. Construction Codes (HN)
7 Issue: Each year, the Legislature addresses construction codes issues that have some impact on
8 local governments, such as statewide enforcement of the building code, disputes related to code
9 development, and code official training and education_
10
11 While all cities must enforc� certain codes—such as the accessibility code, the electrical
12 code, and the bleacher safety cod�—the state's building code remains a local option for
13 cities under 2,500 populatian that are located in a non-metropolitan county where voters
14 have approved an exemption from the state building code and that did not adopt the code
5 before Jan. 1, 2008. Many greater Minnesota cities have adopted the state building
16 code, and all cities within the seven-county metropolitan area are required to adhere to the
17 state building code.
18
19 Le�islation bassed in 2008 now makes the state building code the standard that annlies statewide
20 for the construction. reconstruction. alteration. and retiair of the buildin�s and other structures of
21 the tvne �overned bv the code. The chan�es do not reauire enforcement bv municinalities that
22 axe not currentiv enforcin� the code.
23
24 In the past, the Construction Codes Advisory Council (CCAC) and the Builders' Association of
25 Minnesota BAMI have indicated an interest in legislation to require statewide enforcement of
26 the building code. The CCAC expired June 30, 2003, but the re-establishment of the CCAC
27 during the 2007 session and chan�es made in 2008 could renew interest in statewide enforcement
28 of the building code.
29
22
COMMITTEE REC0IY�MENDA TIONS
1 Disputes concerning code development have led to efforts to either repeal the International
2 Mechanical Code or create a new board with the authority to adopt, administer, interpret, and
3 enforce inechanical codes in Minnesota. Such proposals undercut efforts to adopt a single set of
4 compatible codes, which help provide for more efficient compliance, administration, and
5 enforcement of construet�on regulations.
6
7 While a single set of coordinated codes helps provide consistency in code administration and
8 enforcement, implementation of sustainable building design, construction, and operation does
9 not readily integrate with the existing state building and energy code system. As a result, many
10 cities are interested in adopting more aggressive local standards for sustainable development and
ll conservation.
12
13 Finally, the Legislature has directed the state Construction Codes and Licensing Division to
14 develop competency criteria and continuing education requirements for all construction code
15 inspectors. While the Legislature supports greater training and education requirements for local
16 code officials, it has, at the same time, redirected excess building permit surcharge dollars into
17 the general fund to help balance the state's budget rather than making these funds available far
18 code related research and training.
19
20 Response: A building code provides many benefits, including uniformity of construction
21 standards in the building industry, consistency in code interpretation and enforcement, and
22 life-safety guidance.
23
24 A statewide-enforced building code may have benefits, but requiring it would result in an
25 unfunded mandate. The enforcement of a building code can be cost prohibitive for many
26 cities due to the expenses and overhead related to staffing vs. the limited building activity
27 occurring in some communities.
28
29 The League supparts adoption of a state building code as long as there is not mandatory
30 enforcement at the local level. The adoption of an enforced state building code should
31 remain a local option for municipalities under 2,500 population that are located in a non-
23
COMMITTEE RECOMMENDA TIONS
1 metropolitan county where voters have approved an exemption from the state building
2 code and that did not adopt the code before Jan. 1, �-9-'� 2008, unless the state fully funds
3 the costs of enforcement and inspection services necessary to enforce a statewide building
4 code. In the event that the Legislature requires an enforced statewide building code, local
5 governments must have the option to hire or select a building official of their ehoice and set
6 the appropriate level of service—even if the state fully funds code enforcement activities.
7
8 To the extent the insurance industry is concerned about insuring structures not built to
9 code, the industry should drive code compliance by issuing policies or setting rates based
10 on whether the structure meets various code requirements.
11
12 Cities that have adopted the state building code endeavor to provide quality code
13 administration and enforcement. The League supports the development of coordinated
14 construction codes and additional enforcement tools that help local officials efficiently
15 administer and enforce construction regulations to protect the health and safety of citizens
�6 in their jurisdictions. In addition, the League urges the state to make surplus revenue from
17 the building permit surcharge available to local governments to help defray the cost of
18 complying with code official training and education requirements.
19
20 Finally, the state should collaborate with local governments, construction industry
21 representatives, and other stakeholders to review the building and energy codes and
22 consider modifications to eneourage sustainable building design, construction, and
23 operation. The state should also develop components in the building inspector training
24 program to ensure inspectors are familiar with these practices and technologies. The
25 Legislature should authorize cities to experiment with more aggressive local standards for
26 sustainable development and conservation that will help inform the state code development
27 process.
28
24
COMMITTEE �ECOMMENDA TIONS
1 SD-18. Disability Access Requirements (HN)
2 Issue: Title II of the Ainericans with Disabilities Act (ADA) of 1990 requires that state and local
3 governments provide people with disabilities equal opportunity to benefit froin all of their
4 programs, services, �and a�tivities:`Public entities are �rt reqnir�d tal�e actions that would'
5 result in significant financial and administrative burdens, but they must modify policies,
6 practices, and procedures to avoid discrimination unless they can demonstrate that doing so
7 would fundamentally alter the nature of the service, program or activity being provided.
8
9 State and local governments are also required to follow specific standards when constructing
10 new facilities and altering existing public buildings, and they must relocate programs or
11 otherwise provide access in inaccessible older buildings. Under the ADA, public entities are not
12 necessarily required to make each existing facility accessible. However, their programs—when
13 viewed in their entirety—must be readily accessible to people with disabiiities. A public entity
14 may achieve program accessibility through various methods. For example, a city may alter
15 existing facilities, acquire or construct new facilities, relocate a service or program to an
16 accessible facility, or provide services at other accessible sites.
17
18 In a recent district court decision, the court took an expansive view of disability access
19 requirements for public recreation facilities. The case involved a parent who sued a city due to
20 difficulty viewing soccer and baseball games on certain city fields. The court, in interpreting the
21 Minnesota Human Rights Act (MHRA), held that any public facility is a public �service. Since
22 the MHRA requires that every public service be accessible to disabled persons, the court
23 concluded that each and every playing field and other public facilit�r must be fully accessible.
24 The court rejected the ADA's limitations on modifications for physical access to older facilities,
25 as well as the ADA's "when viewed in its entirety" language for program access. The result is a
26 more restrictive state standard for physical access to public facilities than required by the ADA
27 and the state building code.
28
29 Respnhse: The League of Minnesota Cities supports changes to the MHRA, that will make
30 state accessibility standards compatible with the federal ADA for public services and
25
COMMITTEE RECOMMENDA TIONS
1 facilities. The Legislature should clarify that a facility that is in compliance with handicap
2 access provisions of the state building code meets the physical access requirements of the
3 MHRA. State law should also specify that access requirements apply to public programs
4 and services as a whole, rather than to each individual aspect of a public program or
5 service.
6
7 SD-19. Restrictions on Possession of Firearms e�-E'�r-����es {AF)
8 Issue: The Minnesota Citizens Personal Protection Act'�m�*�
9
10 ��c. ''F�e
11 also known as "conceal-ard-carry," prohibits guns on most school properties �-g�es
12 but r--�-- �'-'-'---.o-*.�.�a:-�
13 '�•T� �'��aa�-�R forbids other local units of government from r°��-;�+;�� °�:+'�^'a°rr�
14 �gi-�g prohibitin� loaded fireanns �e on their nroverties. The inconsistencies in
5 the law's treatment of different kinds of properties have caused confusion about how the law
16 applies to multi-use facilities, such as municipal ice arenas used for school-sponsored programs.
17 The recent shootin� in the Morrison Countv Government Center also shows the harm that can
18 result from preventin� local control of their own facilities.
19
20 Further, the law �ives nrivate nronertv owners the ri�ht to vrohibit �uns in their establishments,
21 but prohibits landowners from restrictin� firearm nossession bv tenants and their �uests without
22 distinQUishin� between residential and commercial nroperties. 'This creates confusion for
23 shopnin� malls and other retail nronerties with lar�e common areas that are not occunied bv the
24 tenants but which the tenants and their customers must cross to access the tenant's snace.
25
26 Response: The League requests an amendment to the Citizens Personal Protection Act that
27 would allow cities to prohibit handguns in city-owned buildings, facilities, and parks. The
28 League is not seeking a repeal of the Citizens Personal Protection Act, nor authority to
29 prohibit legal weapons in parking lots or on city streets and sidewalks. The Lea�ue also
30 sunnorts efforts bv commercial uronertv owners to clarifv that the nrohibition on
26
t
COMMITTEE RECOMIV�ENDATIONS
1 restrictin� nossession bv tenants and their �uests apnlies onlv to residential rental
2 prop ertv_:
3
4 SD-20. Creating a Minnesota GIS (AH)
5 Issue: Cities recognize geographic information systems (GIS) as an essential tool for
6 comprehensive land use, real estate, environmental, law enforcement and other management
7 and nla,nnin� information. In counties where: maintenance of official land records has not
8 been automated, �w� barriers to GIS development continue. In addition, the start-up
9 costs of GIS implementation can be prohibitive. Cities and counties have increasingly found
10 more opporiunities to cooperate in developing applications for use of GIS at the local leveL
11
12 Response: The Legislature should encourage local government implementation of GIS
13 through grants and an exemption from the state sales tax for capital equipment and from
14 levy limits for costs associated with such activities. In addition, cities should be involved in
15 the development of county land records modernization plans.
16
17 SD-21. Public Safety Communications (AF/AH)
I 18 Issue: The state role in financing public safety communications has important cost implications
19 for cities. The state needs to accebt financial resnonsibilitv for use of the backbone bv
20 particinatin� cities. Cities are incurrin� new hi�her local exnenses for barticination in the 800
21 MHz statewide vublic safetv svstem. In the past se��er�s, the Legislature �ras turned to
22 revenue sources upon which cities have traditionally depended to help coverlocal costs of
23 purchasing and implementing new technology for computer-aided dispatch, 911 public safety
24 answering points (PSAPs) operations, and interoperable radio communications equipment and
25 subsystems to finance the build-out of the backbone for the new svstem. As a result of �99�
26 previous legislative action, all e€the revenues raised u�:���� ��nn ]ri 20OS
27 throu�h 2010} from a 30-cent increase in the 911 fee have been directed to fund revenue
28 bond debt service used to complete the statewide build-out of the Allied Radio Mairix for
29 Emergency Response (ARMER) ^+��°-•��a°'��•�'a and the cost of operations of the state public
27
COMMITTE� RE�'OMMENDA TIONS
safety radio communications backbone r
V� lltl(A
2
3
4 At the federal level, the Federal Communications Commission (FCC) has recently ordered
5 (Aug: �0, FCC Second Report and Order in the 700 MHz proceeding) reservation af 700 MHz
6 wireless spectrum for a national interoperable broadband network to meet public safety
7 communications needs. But, to date, no successful nroposal for developinent of such nublic
8 safetv uses has been offered.
9
10 Response: The League supports continued and increased state
11 financing of the steep increases in local costs to narticinate in ARMER. includin� the
12 acquisition and modernization of
13 a-� subscriber equipment, such as portable and mobile radios required for ARMER users,
14 regional cooperation and partnerships for the
15 effective delivery of 911 service. T a T",�;°'°+„"^ ,a
a aaauaoa.
6 and in the regional
17 planning process for future 911 operations and training and use of ARMER. The League
18 also urges the FCC to continue to support availability of wireless spectrum necessary to
19 expand channel capacity that will allow public safety agencies to meet future needs of cities
20 and other local units of government.
21
22 SD-22. CriMNet (AF)
23 Issue: Public safety is compromised by the lack of centralized, complete, and accurate criminal
24 history data about individuals, incidents, and cases. Without an integrated criminal justice
25 information system, Minnesota cannot always hold serious criminals accountable for their
26 crimes. CriMNet, Minnesota's effort to integrate the 1,100 criminal justice information systems
27 operated by agencies at all levels, will improve access to relevant criminal history data for public
28 safety and criminal justice authorities.
�29
2s
COMMITTEE RECOIV�MENDA T�ONS
1 City officials are well aware of the complex issues raised by the utilization of electronic record
2 keeping, data sha.ring, and access to records that identify data subjects. The League recognizes
3 that one of the challenges in making CriMNet operational is meeting the requirements of the
4 Minnesota Government Data Practices Act (MGDPA).
5
6 More than 500 cities operate police departments. These departments vaxy dramatically in fiscal
7 capacity, staffing resources, and technical expertise. Further, each municipal law enforcement
8 agency has unique operating procedures, strengths, and needs based on the community it serves.
9 The League knows CriMNet will have a significant impact on municipal police business
10 practices, and could mean increased staffing needs, training, and equipment purchases. The
11 League also recognizes that every agency must participate fully in CriMNet to make the system
12 effective.
13
14 Response: The League supports efforts by the state to integrate criminal justice
15 information systems. The League also supports cooperation between legislators, law
16 enforcement and corrections agents, court officials, prosecutors, community groups, and
17 businesses that build public support for CriMNet.
18
19 If CriMNet is to be implemented statewide, the Legislature must consider the different
20 capacities of municipalities to participate. The League requests that the Legislature fund
21 CriMNet planning and implementation at the local level.
22
23 To ensure compliance with the MGDPA, comprehensive guidelines and operational
24 practices should be implemented to safeguard access to and use of CrilVINet data. However,
25 data practices policies should not create new, unfunded mandates for local units of
26 government or compromise CriMNet's usefulness to the criminal justice system by creating
27 unnecessary barriers. CriMNet stakeholders and participating users at the local level
28 should be involved in crafting any legislation that would govern data practices
29 requirements for CriMNet.
30
29
COMMITTLE RECOMMENDA TIONS
1 SD- 23. Pawn Shop Regulation and Use of the Automated Pawn System
2 (APS) (AF}
3 Issue: Minn. Stat. 325J enables licensure for pawnbrokers and provides statewide minimum
4, re,gulations for the pa�vn industr�,...S�e��ift�ally, the law:
5 Requires pawnbrokers to record all transactions, including details of the item pawned or sold,
6 information about the custoiner and the cost of the transaction.
7 Requires pawnbrokers to maintain records of all transactions for three years, and to make
8 records available upon request to law enforcement agencies.
9 Allows pawnbrokers to charge a maximum monthly interest rate of 3 percent of the principal
10 amount loaned in a transaction, plus a reasonable fee for storage and services.
11 Allows local units of government to enact more restrictive standards.
12
13 The Automated Pawn System (APS), a computerized system for tracking and monitoring pawn
14 transactions, was launched by the city of 1Vlinneapolis in 1997 and made available to other
•15 municipalities after Minn. Stat. 325J was enacted. The purpose of the APS is to provide a tool to
16 verify compliance with current law, to help identify and minimize illegal activity, to recover
17 stolen property, and to provide a legitimate environment for consumers: Currently, almost 180
18 municipal law enforcement agencies participate in the APS system as either a"query only" or
19 "contributing" member.
20
21 All access to and use of information in the APS system is governed by the Minnesota Data
22 Practices Act. Only authorized users have access to the data. There is no public access to the
23 data. Further, data that would reveal the identity of persons who are customers of a licensed
24 pawnbroker or secondhand goods dealer axe private data on individuals and only used for law
25 enforcement purposes. Data describing the property in a regulated transaction with a licensed
26 pawnbroker or secondhand goods dealer is public.
27
28 Original pawn and secondhand transactions reported to the APS carry a$1 fee, regardless of the
29 number of items involved. All subsequent updates or corrections to transactions are processed
30
COMM�TTEE REC�MMENDA TIONS
1 without charge. Contributing jurisdictions may also add regulatory costs to the transaction fee.
2 The total transaction fee is then typically assessed by the dealer to the customer.
i 3
4 A bill that would weaken Minn. Stat. 25J and restrict the use of the APS has been introduced in
5° the Minnesota Legislature. Specifically, the legislation would forbid law enforcement
6 from acquiring customer information from pawn and secondhand shops until they have probable
7 cause to do so, and would eliminate the authority of local units of government to more strictly
8 regulate pawn and secondhand dealers. The legislation would also replace all current municipal
9 licensing fees with a$0.25 per transaction fee.
10
11 Response: The League supports the authority of cities to regulate and license pawnbrokers,
12 and opposes any legislation that would remove the authority of local governments to enact
13 more restrictive regulations than currently exist in Minn. Stat. 325J.
14
15 The League supports the authority of cities to set licensing and transaction fees that would
16 enable them to recover their full regulatory and enforcement expenses.
17
18 The League supports cooperation between law enforcement agencies and the pawn
19 industry that enhances the ability to identify illegal activity and recover stolen property.
20 Access to transaction informadon by law enforcement agencies is vital to accomplishing
21 this goal. Further, the sharing of information through the use of the APS is a proactive way
22 to prevent property and other crimes.
23
24
25
26
27
28
29 n rnT��,r n�
l 1JJV V1i1lZ
30
31
COMMITTEE RECOMMENDA TIONS
�1
2
3
4
5
6
tzn,:�o �t,o ���r n r
g
9 e�e�e�c
10 ,,,,,,�a „�;�n,,, o o.,+� „�o„�;.,> >;.,�,;�;t,r
11
12
13
14
15
17
18
19 SD-25. Compensation and Reimbursement for Public Safety Services (AF)
20 Issue: Municipal public safety personnel often respond to emergencies involving non-residents.
21 For example, municipal fire, police, and/or ambulance services may be dispatched to the scene of
22 a traffic accident on an interstate highway involving victims from other cities or states. Although
23 cities can bill for some public safety services they provide to non-residents, they have limited
24 authority to collect on unpaid bilis.
25
26 Cities have also found that auto insurance policies vary when it comes to coverage for
27 emergency responses. Insurance companies of those responsible for accidents sometimes deny
28 payrnent for fire a.nd ambulance service.
29
32
COMMITTEE RECOMME�VDA TIONS
1 While emergency responses are legitimate functions of municipal �ublic safety departments, the
2 costs of providing services to non-residents should not be borne by the cominunity's taxpayers.
3
4 Response: Cities should be compensated for emergency responses they provide to non-
5- residents. Tt�ey should have-th��authority ta-bill for the full cost of f re and ambulance
6 services they provide, and to collect on unpaid bills. Finally, minimum auto insurance
7 policies should be required to insure for the cost of emergency responses.
8
9 SD-26. Administrative Fines (AF)
10 Issue: Cities have implemented administrative enforcement programs for violations of local
11 regulatory ordinances, such as building codes, zoning codes, health codes, and public nuisance
12 ordinances. This use of administrative proceedings has kept enforcement at the local level and
13 reduced pressure on over-burdened district court systems.
14
15 The Legislature has repeatedly increased the fine surcharge on district court cases to generate
16 revenues for the state's general fund. 'The surcharge—the amount paid over and above the fin�—
17 is now $�75 per citation. The growth in the surcharge has dramatically increased the cost of
18 citations and has caused some to question whether the total of the fine and surcharge is
19 dispraportionate for minar matters. To lower the amount imposed on their residents, a number of
20 cities have expanded their administrative programs to include some offenses traditionally heard
21 in district court, such as minor traffic offenses.
22
23 The increased state surcharges have not been used to assist local units of government with the
24 growing costs of enforcement and prosecution. No matter which entity—city, county or state—
25 issues a statutory citation, the violator pays between $115 and $127 for a minor speeding
26 violation. Of this amount, the city receives between $13 and $20, and the county receives just
27 slightly more.
28
33
COMMITTEE RECOMMENDA TI4NS
1 Further, when a violator requests relief from paying the full amount of the fine and surcharge, the
2 courts have been more inclined to waive the fine than to reduce the surcharge. When this occurs,
3 the local units of government recover no costs even though the city has incurred expenses.
4
5 Response; The League supports the use of city administrative fines for local regulatory
6 ordinances, such as building codes, zoning codes, health codes, and public nuisance
7 ordinances. The League also supports the use of city administrative fines, at'a minimum,
8 for regulatory matters that are not duplicative of misdemeanor or higher level state traffic
9 and criminal offenses. Cities should have the authoritv to issue administrative citations for
10 low-level movin� and eauinment violations that: 11 would otherwise result in warnin�s.
11 and 21 occur on roadwavs where the sueed limit is 45 miles uer hour or less. Further, the
12 League endorses the concept that administrative penalTy hearings should be held before
13 disinterested third parties, which may include city councils, to ensure fairness in the
14 proceedings.
15
6 If state leaders enact legislation that prohibits cities from using administrative fines for
17 minor traffic offenses, they should also change the distribution of statutory violation fine
18 revenues so that cities are adequately compensated for enforcement and prosecution costs.
19 Finally, the state should require that if a court reduces the amount paid by a violator, any
20 reduction should be made from the surcharge and not the fine.
21
22 SD-27. Homeland Security Costs and Liability (AF)
23 Issue: The federal government's response to terrorism has resulted in new responsibilities for
24 local governments in a number of areas. For example, shartly after the terrorist attacks on Sept.
25 1 l, 2001, the federal government tapped local law enforcement personnel to provide security and
26 perform screening at our nation's airports. These new responsibilities increase cities' liability
27 exposure a.nd result in higher local costs for public safety services. In addition, local
28 governments are expected to continue emergency planning and capacity building efforts, provide
29 additional training and equipment for first responders, and improve emergency response
.30 coordination and communication.
34
COMMITTEE RECOMMENDA TIONS
1
2 As partners in protecting our country from terrorism, the federal government must: 1) provide
3 greater direct financial support for our first responders; 2} maintain funding for general pre- and
4 post-disaster emergency management programs; and 3) ensure a coordinated and effective
5 national emergency response system:
6
7 Response: The League recommends that when the federal government requires or
8 contracts for cities' assistance in meeting federal homeland security responsibilities, the
9 federal government should fully cover the costs, including the risk of liability arising from
10 these activities.
11
12 The League supports greater federal funding to prepare, train, and equip our first
13 responders. We also support changes in the federal funding process to ensure Department
14 of Homeland Security funds move quickly to the localleveL
IS
16 SD-28. Immigration Reform (AF)
17 Issue: The United States and the State of Minnesota have long traditions of welcoming
18 immigrants. Immigrants strengthen Minnesota by contributing to the state's economy, enhancing
19 cultural resources, and participating in efforts to build strong communities.
20
21 According to the National League of Cities, roughly 35 percent of undocumented immigrants
22 have lived in the United States for 10 years or more. Approximately 1.6 million undocumented
23 immigranfs are children, and another 3.1 million children in the United States have at least one
24 undocurnented parent. These families are forced to live "underground" and are unable to get
25 drivers' licenses or car insurance in most states. In addition., they are unlikely to obtain health
26 insurance and are afraid to report crimes to local law enforcement.
27
28 Since immigrants are barred from most federal public assistance, the burden of providing social
29 services, education, and health care falls to state and local governments that are increasingly
30 feeling the financial impact of both legal and illegal immigrants living in their communities.
35
CO�VIMITTEE RECOMMENDA TIONS
2 Respnnse: The League of Minnesota Cities, together with the National League of Cities,
3 urges Congress to move quickly to enact and enforce effective immigration laws.
4
--5 Federal and state governments must not t�ansfer respo�sibil�ty for enforcin� U.S.
6 immigration laws to local personnel, including police officers, firefighters, educators, health
7 professionals, and social service employees. Finally, federal and state governments must not
8 prohibit local units of government from implementing policies aimed at fostering positive
9 relationships between local government officials, including law e�forcement personnel, and
10 immigrant communities.
11
12 SD-29. Racial Profiling (AF)
13 Issue: The League recognizes that where profiling by law enforcement officials exists, it must be
14 eliininated. The League supports action by the State of Minnesota to fund and implement
5 effective and meaningful responses to racial profiling that will effectuate fair treatment of all
16 people regardless of age, race or ethnicity.
17
I8 Response: The League supports efforts to ensure that all interventions initiated by law
19 enforcement officials be based on an objective demonstration of probable cause to believe
24 that a law has been violated. A law enforcement official's decision to stop, question or
21 detain individuals will be based solely on a reasonable suspicion of illegal activity and
22 without consideration of age, race or ethnicity. The League supports training programs to
23 support these goals and recommends that the state develop, fund, and present such training
24 programs to all law enforcement agencies in the state.
25
26 The League supports objective, well-formulated statistical sampling by third parties under
27 the auspices of a state-funded study to document and analyze law enforcement
28 interventions cou led with an effective means to sanction any documented instances of
P
29 ina ro riate treatment of citizens. Additionall the League supports state funding for
PP P
Y
i
�30 video cameras in police cars as an incentive for voluntary local participation in data
36
COMIVI�TT�E REC0IYIMENDA TIONS
1 cotlection efforts aimed at identifying patterns of profiling.
2
3 SD-30. Le alization of Fireworks
AF
g
4.. Issue: Iii2002, the �tate enacted a law allowi.ng the sale and use of non-aeri�l
5 consumer fireworks, including sparklers, party poppers, snakes, and other novelty items—
6 relaxing the ban on consumer fireworks in place in Minnesota since 1941. In 2008, the
7 Le�islature further relaxed the ban bv increasin� the amount of exnlosive material allowed in
8 le�al fireworks.
9
10 Local fire service professionals have reported that consumers and law enforcement personnel
11 have had difficulty distinguishing between legal and illegal fireworks, and that the 2002 law
12 resulted in greater use in Minnesota of illegal fireworks purchased in other states.
13
14 According to data provided by the Minnesota State Fire Marshal Division, injury trends and
15 dollar losses related to fireworks incidents surged after the consumer fireworks ban was lifted.
16 Hospital reports reveal that the an.nual number of injuries caused byfireworks rose dramatically
17 in 2002 and remains elevated. Likewise, Minnesota Fire Incident Reporting System records show
18 that the annual dollar loss resulting from fireworks incidents increased significantly in 2002 and
19 has since grown.
20
21 In 2003, the state enacted a number of provisions limiting local authority pertaining to fireworks
22 sales. The 2003 law caps the allowable municipal permit fee at $100 per vendor selling fireworks
23 with other products, and $350 per vendor selling fireworks exclusively. The law restricts cities
24 from requiring fireworks sellers to purchase additional liability insurance. Finally, the 2003 law
25 states that cities cannot prohibit or restrict the display of consumer fireworks if the display and
26 structure complies with National Fire Protection Association (NFPA) Standard 1124. The NFPA
27 is a private international association of individuals and trade and professional organizations.
28 (NFPA Standard 1124 is not a public document and is available only for a fee.)
29
37
COMMITTEE RECOMIV�ENDATIONS
1 Fireworks products can cause serious injuries and fire loss. The legal sale of consumer fireworks
2 undermines fire prevention efforts. The sale and use of consumer fireworks increases local public
3 safety enforcement, emergency response, and fire-suppression costs.
4
5 Response.: Tk�e League,apposes legislation,t�at vvould..�ur,�t�er relax the ban on the sale amt�„
6 use of consumer fireworks. The League supports a repeal of the 20021aw that relaxes the
7 ban on the sale and use of consumer fireworks.
8
9 Fees are needed to cover the costs associated with compliance checks, education, and
10 inspections relating to the sale of a regulated product. The current fee caps do not allow
11 cities to recover these costs. The League supports allowing cities to establish and impose
12 reasonable fees on retailers that sell fireworks. The League opposes restrictions on
13 reqniring fireworks retailers to purchase additional liability insurance. Finally, the League
14 seeks repeal of the NFPA reference.
15
�6 SD-31. Traffic Enforcement Cameras (AF)
17 Issue: Drivers who disobey traffic laws can cause serious traffic accidents and contribute to
18 gridlock. In spite of the severity of this problem, cities cannot always afford the levels of peace
19 officer enforcement that residents demand. The technology exists to enforce traffic laws with
20 photographic evidence. For example, there is less running of red lights when motion imaging
21 recording systems (MIRS) are installed at traffic signals.
22
23 Response: Local law enforcement agencies should have the express authority to use photo
24 enforcement technology to enforce traffic laws. Local law enforcement officers should have
25 the express authority to issue citations for traffic violations by mail where the violation is
26 detected with photographic evidence.
27
38
COMMITTEE RECOMMENDA TIONS
1 SD-32. Fire Mutual Aid (AF)
2 Issue: City and township fire departinents regularly assist each other with firefighting and other
3 response activities. This mutual aid is mostly authorized by individual written contracts with
4 each city or tovvnship, which results in a patchwork of different agreeinents with-different
5 provisions. Often, each city attorney recominends different provisions.
6
7 Following the Red River floods and the St. Peter tornados, emergency responders (including fire
8 departrnents) met and helped pass a statute to govern mutual aid situations when there is an
9 emergency (declared by mayor or governor) and no written agreements. The statute, Minn. Stat.
10 12.33I, provides a framework for how worker's compensation, liability, property claims,
11 insurance, and charges between the departments will be handled in mutual aid situations.
12
13 The League of Minnesota Cities Insurance Trust (LMCIT) developed a model mutual aid
14 agreement that contains the same basic structure for liability as the statute. Many cities have
15 entered into area-wide mutual aid agreements that are similar to the LMCIT model agreement.
16 To provide uniformity, there should be a statute that is similar to Minn. Stat. 12331, to govern
17 daily fire mutual aid situations that do not rise to the level of emergencies.
18
19 Response: The Legislature should pass a statute to provide uniform provisions when fire
20 departments assist each other. These provisions should include statutory definitions and
21 clarifications for:
22 Who is in command of the mutual aid scene.
23 Who will cover the firefighters for worker's compensation.
24 How liability and property claims will be handled.
25 Who will pay for expendable supplies such as foam.
26 When fire departments will charge each other for these services.
27 The ability for fire departments to opt out by having a separate written agreement.
28
39
COMMIT7'EE RECOMMENDA TIONS
2
3
4
5
6
7
8
9
10
11
12
13
14 SD-34. Operation of Motorized Foot Scooters (AF}
15 Issue: Current state statute pre-empts the authority of local units of government to regulate the
16 operation of motorized foot scooters. The law provides that an operator must be 12 years of age
17 or older. Although the law contains safety provisions, including a requirement that operators
18 under the age of 18 must wear helmets, it does not require training or permits for operators of
19 any age. Further, it does not explicitly restrict the operation of motorized foot scooters to low-
20 volume and/or low-speed roadways.
21
22 Use of motorized equipment on roadways is inherently more dangerous than the use of non-
23 motorized bicycles and is comparable to the operation of motorized watercraft. While the law
24 governing watercraft operation also requires an operator to be at least 12 years of age, Minn.
25 Stat. 86B.101 requires watercraft operators between the ages of 12 and 18 to successfully
26 complete a youth watercraft safety program and to obtain a watercraft operator's permit. The
27 youth watercraft safety program is administered by the state, and includes a personal watercraft
28 educational course and a testing program that emphasizes safe and legal operation.
�9
i
40
COMMITTEE RECOMMENDA TIONS
1 Response: State law should limit operation of motorized foot scooters to roadways with
2 speed limits of 30 miles per hour or less. State law should require motorized foot scooter
3 operators between the ages of 12 and 18 to obtain an operator's permit by successfully
4 completing a state-administered motorized foot scooter safety program moc�eled after the
5 watercraft safety-program. In addition, stafe law should allow local units=of govern�ent to
6 be more restrictive in regulating the operation of motorized foot scooters, and should
7 provide explicit authority to regulate hours of use.
8
9 SD-35. Methamphetamine (JO)
10 Issue: The production and abuse of inethamphetamine (meth) continues to be a problem far
11 communities across Minnesota. Cities are facing serious issues pertaining to meth, including
12 costly cleanup of drug labs, and the social problems and public safety issues resulting from meth
13 abuse. To meet the challenges presented by the growing meth problem, cities are working with
14 retailers to monitor the sale of precursor ingredients, and are coordinating with other units of
15 government on the impact on communities.
16
17 Response: The Legislature and state agencies must:
18 Provide sufficient funding to assist local units of government with cleanup of drug labs.
19 Allow 1oca1 governments to be more restrictive in the development of ordinances at the
20 city and county level to appropriately address the needs of their communities.
21 Support pub�ic education on methamphetamine, including information to local
22 government officials, retailers, schools, and health care providers.
23 Provide training, equipment, standards, and support suf�cient to allow local law
24 enforcement and other responders to safely perform their duties.
25
26 SD-36. State Regulation of Massage Therapists (AF)
27 Issue: The state does not currently regulate massage therapy, an emerging and rapidly growing
28 profession. In order to control prostitution and to provide for health and sanitation standards,
29 several cities have entered the traditional state domain of health-care licensure by enacting
41
I
CON�IY�ITTE� RECOMMENDA TIONS
1 ordinances that require all massage therapists to obtain a local professional license. These
2 ordinances allow local law enforcement officers to differentiate between legitiinate massage
3 therapists who have a city license, and prostitution businesses fronting as massage therapy
4 establishinents.
f. 5 F.
6 The lack of statewide regulation of massage therapists has hampered law enforcement techniques
7 and caused problems for cities attempting to regulate an entire health-care profession without
8 any statewide standards. Currently, 25 states regulate massage therapists on a statewide leveL
9 Statewide re lation of massa e therapists would provide a clear set of educational standards
g
10 that massage therapists must meet, and would provide local law enforcement agencies with an
11 easy tool to distinguish between prostitution and legitimate massage therapy. Statewide
12 regulation would not disturb traditional powers over land use and business licensure.
13
14 Response: The League supports the statewide regulation of massage therapists in order to
15 aid local law enforcement efforts to control prostitution and other criminal activity.
•16
17 SD-37. On-Sale Liquor or Wine Licenses to Cultural Centers (JO)
18 Issue: Cultural centers are not one of the qualifying entities to which municipalities may issue
19 on-sale liquor or wine licenses. Several cultural centers have received special legislation that
20 allows their municipalities to issue on-sale liquor or wine licenses to them. This practice
I 21 interferes with the ability of municipalities to control the placement and operating manner of
22 these entities. In 2003, performing theaters were added to the list of establishments to which
23 municipalities may issue on-sale liquor or wine licenses, but cultural centers were not included.
24
25 Response: The Legislature should authorize municipalities to issue on-sale liquor or wine
'm osed b the m
unici ali
r t r sub'ect to restrictions i
26 licenses to cultu al cen e s, J p y P tY•
27
42
�'OMMITTEE RECOMMENDA TIONS
1 SD-38. Youth Access to Alcohol and Tobacco (JO}
2 Issue: The minimuin age to purchase alcohol in Minnesota is 21. The minimum age to purchase
3 tobacco in Minnesota is 18. The mizzimum age to sell alcohol and tobacco products in Minnesota
4 is 18. The penalty for a minor or underage:person using,false identification is 90 days i� jail
5 and/or up to $1,000. Cities have an interest in preventing youth from obtaining these products:
6 'To this end, many cities operate compliance check programs in an effort to discern the current
7 level of youth access and to reduce youth access. Statewide, a number of cities have created
8 community partnerships with their court systems, local businesses, and school districts to uickl
q Y
9 address problems associated with youth access to alcohol and tobacco.
10
I 1 Response: The League opposes any proposal that could result in increased risks of youth
12 access to alcohol and tobacco products and expanded off-sale venues for the sale of such
I 13 products. The League supports the sale of alcohol and tobacco products only in controlled
14 environments. The League supports statutory changes that assist in reducing youth access
15 to alcohol and tobacco products, including increasing the penalties for youth who use false
16 identification and adults who provide alcohol to minors. The League supports locally-
17 determined alcohol compliance check programs, but any state mandate for alcohol
18 compliance checks should come with state-supported funding initiatives to support these
19 locally-determined compliance efforts. The Legislature should consider a grant program
20 supporting locally-based community partnerships that can quickly and effectively respond
21 to youth access problems.
22
23 SD-39. Smoking Ban Ordinances (JO)
24 Issue: The Legislature in 2007 voted to extend the Clean Indoor Air Act to cover all workplaces,
25 including restaurants and bars. The new law sets a floor with minimum standards, and allows
26 local governments to implement more restrictive ordinances.
27
28 Response: The Legislature should preserve the ability of local governments to enact more
29 restrictive ordinances.
43
COMMITTEE RECOM1V�lENDA TIONS
2 SD-40. Environmental Protection (CJ)
3 Issue: Cities demonstrate strong stewardship for the protection and preservation of the
4 environment. Minnesota municipalities have historically been the leading funding source for
5 environmental protection and improvements. Municipal efforts include environmental protection
6 through wastewater treatment, wetland restorations, stormwater treatment, public utility emission
7 reductions, brownfield cleanup, safe drinking water programs, as well as others.
8
9 At some point, however, the diminishing or nonexistent environmental benefit received from
10 additional efforts is fiscally irresponsible. The programs are often improperly designed to meet
11 their stated goals. Additionally, the absence of funding by the state and federal government has
12 removed an essential restraining feature in program design and implementation. Agencies are
13 less accountable to the governments that mandate environmental programs when they do not
14 have to find the money to implement the programs.
16 Specific problems faced by cities include:
17 New programs or standards are continually adopted without regard to the existence,
18 attainability or cost of existing programs and standards.
19 Regulatory bodies fail to consistently use good science and the most current and accurate
20 data when establishing water quality standards.
21 Regulatory bodies impose new permit requirements without going through rulemaking.
22 Instead, the agencies rely on internal documents, program strategies, and "best professional
23 judgment of staff' when setting permit criteria.
24 Regulatory bodies approve permits and programs that compete with traditional municipal
25 services and encourage urban sprawl. This behavior puts at risk the public investments and
26 growth management efforts cities have made when planning for future development.
27 Permit fees and other cost-transfer elements of federal and state programs do not provide an
28 incentive for environmental agency efficiency, policy prioritization or risk assessment.
COMMITTEE RECOMME�VDA TIONS
1 Third-party environmental advocacy groups create significant hardships on cities by
2 threatening litigation even when hard science may not support the groups' positions.
3
4 Response: Alternative wastewater treatment and cooperative service systems should be
5 prohibited from operati�tg in areas that can reasonably and effectively be served
6 existing municipal systems, unless:
7 The municipal system is proven to be substantially less cost-effective and substantially
8 less beneficial to the environment.
9 The o erat'
ion of these s stems will not create a stranded i'
p y publ c mvestment in the
10 existing system.
11
12 Sufficient state and federal financial assistance should be provided to assist local
13 governments when complying with state and federal infrastructure requirements,
14 particularly with regard to wastewater, stormwater, and drinking water facilities.
15
16 The Minnesota Pollutaon Control A enc MPCA should streamline its ermittin and re-
g Y( P g
17 issuing processes to allow for effluent standards and permit requirements to be known
18 earlier thereb iv'
y g mg communities more time to defend against contested case hearings.
19
20 The Legisiature should require the MPCA to make its determination regarding the
21 reissuance of a permit within a reasonable set time period, and require the MPCA to
22 reissue the permit within a reasonable set time frame.
23
24 The state should ensure townships are required to meet the same environmental protection
25 and regulatory requirements as cities.
26
27 Legislation should be passed that requires state agencies to establish permit requirements
28 only when the criteria they are using is developed through the rule-making process.
29
30 State agencies need to develop science-based standards and quantify new effluent
31 standards, ensuring that they are scientifically and economically practicable.
45
COMIV�ITTEE RECOMMENDA TIONS
2 SD-41. Impaired Waters (CJ)
3 Issue: Despite the billions of dollars that Minnesota municipalities have invested and continue to
4 invest in wastewater and stormwater management systems and best management practices to
5 protect, preserve, and restore the quality of Minnesota's surface waters, the quality of some of
6 Minnesota's surface waters does not meet federal water quality requireinents. The federal Clean
7 Water Act requires that further efforts be made by the state to reduce human impacts on surface
8 waters that are detennined to be impaired due to high pollutant loads of nufrients, bacteria,
9 sediment, mercury, and other contaminants. Scientific studies of these waters must be conducted
2 0 to determine how much pollution they can handle (Total Maximum Daily Loads, or TMDLs).
11 The pollutant load reduction requirements will affect municipal, industrial, and agricultural
12 practices and operations along any river, stream or lake determined to be impaired. While the
ta w ter are non- oint sources ther
e-
13 source of 86 percent of the pollutants affecting Minneso a s p
14 will also be new costs and requirements for point-source dischargers, like municipal wastewater
5 treatment facilities. Municipal stormwater systems will also face increased protective
16 requirements and regulation as part of the state's impaired waters program.
17
18 Response: The League will work actively with the administration, the Legislature, and
19 other stakeholders in the design and implementation of Minnesota's impaired waters
20 program to:
21 Ensure equitable funding solutions are found, such as the state general fund or
s this tatewide roblem.
2 ondin th roadl collect revenue to addre s s
2 b at b
g� Y P
23 Support legisladve passage of revenue streams dedicated to providing af leasf $80
24 million per year to these programs. These funds should sunulement trad�tional sources
25 of fundin� for these nurnoses. not be used to cover bud�et cuts. back�ll past nrogram
26 reductions, or to otherwise sunnlant normal state snendin� on water nro�rams.
27 Direct the ma'ori of funds collected by the state for impaired waters into programs
J t3'
28 that fund miunicipal wastewater and stormwater projects, and for state programs
29 needed for municipal wastewater and stormwater permitting and technical support,
�0 including the Clean Water Revolving Loan Fund, Wastewater Infrastructure Fund,
46
COMMITTEE RECO�VIMENDA TIONS
1 Phosphorus Reduction Grant Program, TMDL Grants Program, Smatl Community
2 Wastewater Treatment Grant and Loan Program, and other state programs that
3 provide financial resources for city wastewater treatment facilities, septic tank
4 replacement, stormwater management projects, and other city water quality
5- improve�ent and=proteetion projects.
6 More adequately cover the current five-year wastewater infrastructure funding need
7 projection of more than $2.1 billion.
8 Recognize and address the upcoming costs of stormwater management infrastructure
9 and operation on municipalities from new regulatory mandates and load reduction
10 requirements.
11 Allow flexibility in achieving pollutant load reductions and limitations through offsets
12 or trading of pollutant load reduction credits for both point and non-point load
13 reduction requirements within watersheds.
14 Recognize and credit the work underway and already completed by local units of
15 government to limit point and non-point source water pollutant discharges.
16 Recognize the diversity of efforts and needs that exists across the state.
17 Ensure the best science available is used to accurately determine the sources of
18 pollutant load in order to maximize positive environmental outcomes and minimize
19 unnecessary regulatory and financial burdens for cities.
20 Ensure the state requires that the MPCA retain control of the TMDL development
21 process and that all scientific research related to TMDLs is conducted by the MPCA or
ZZ qualified, objective parties pursuant to state contracting, procurement, and conflict of
23 interest laws.
24 Clarify state water quality mandates so cities know specifically what they are required
25 to do and what methods of achieving those outcomes are acceptable to state and federal
26 re ulators.
g
27
28 SD-42. Phosphorus Reduction (CJ)
29 Issue: In 2002, the Legislature enacted a new law to regulate the sale and use of lawn fertilizers
30 containing phosphorus in the metropolitan area. In 2004, the legislation was expanded statewide.
47
COMMITTEE RE�'OMMENDA TIONS
1 In 2007, legislation was passed to reduce the phosphorus content of residential dishwasher
2 deter ents. These laws will im rove and enhance the quality of the state's surface waters. In
g P
a' e ew law will reduce the costs to local overnments of com 1 in with a variet of
3 ddition, th n g p y g Y
4 federal and state surface water quality standards.
5
6 Cities are required by several levels of government to improve and enhance the quality of surface
7 waters. Additionally, surface water runs through watersheds that rarely are wholly within a city's
8 boundaries. To be effective, measures for comprehensive water quality improvements need to be
9 regional or statewide.
10
11 The 2002, 2004, and 2007 laws underscore the most cost-effective way to reduce phosphorus in
12 our lakes, wetlands, and streams—by preventing it from entering these systems. The laws,
13 however, address only two, specific phosphorus inputs to city water systems. Many other sources
14 of phosphorus, such as commercial detergents, affect both surface water quality and treatment
15 requirements at municipal wastewater treatment facilities. The state is the appropriate level of
6 government for effective and economical administration and enforcement responsibility.
17
18 Response: The League opposes any legislation that would weaken existing phosphorus
19 fertilizer and dishwasher detergent regulation legislation, and supports removing
20 phosphorus from products at the manufacturing level rather than at the wastewater
21 treatment center. The League further supports retail display requirements to ensure
22 consumers are able to readily identify the phosphorus content of fertilizer products.
23
24 SD-43. Urban Forest Management Funding (C3/JO)
25 Issue: Urban forests are an essential part of city infrastructure. Dutch elm disease, oak wilt
26 disease, drought, storms, and emerald ash borer thxeaten our investment in trees. The costs for
27 control and removal can be catastrophic and put pressure on city budgets. The Minnesota
28 Department of Natural Resources, through its Urban and Community Forestry program, and the
29 Minnesota Department of Agriculture, through its Shade Tree and Invasive Species program,
�30 currently have regulatory authority to direct tree sanitation and control programs. Although these
48
COMMI�'TEE REC01l7MEN�ATIONS
1 programs allow for addressing some tree disease, pest, and other probleins, funding levels lzave
2 been inadequate to meet the need of cities to build capacity for urban tree programs and respond
3 to catastrophic problems. Cities share the goal of the state's Releaf pro��ram—promoting and
4 funding the inventory, planning, planting, maintenance, and improveinent of trees in cities
5 throughout the �tate:- In-add��ion;=econoinic gains for tourism, s
6 recreation, and other benefits must be protected from tree loss. A lack of timely investment in
7 urban forests costs cities significantly more in the long run.
8
9 Response: The League supports funding for a state matching grant program to assist cities
10 with building capacity for urban forest management and meeting the costs of.preparing
11 for, and responding to, catastrophic urban forest problems. Additionally, the League
12 supports reinstatement of the Minnesota Releaf program, through the Legislative and
13 Citizens' Commission on Minnesota Resources (LCCMR), with an increased appropriation
14 that can better address the needs of building capacity and managing urban forests across
15 the state.
16
17 SD-44. Election Issues (AH}
18 Issue: Cities play an important role in administering state and federal election law and
19 conducting voting activities.
20
21 Response: The League recommends the Legislature take the following actions to strengthen
22 the role and effectiveness of local election administ a i
r t on:
23 Limit a
licatio
n of the voter cam laint rocess to com liance with the re uirements of
Pp P P P q
24 the federal Help America Vote Act (HAVA).
25 Ensure updated election laws are transmitted to city eiection offi�ials no later than June
26 30 every year as needed, using online as well as alternative methods of distribution that
27 ensure the information received is timely, accurate, and accessible.
28 Provide posters explaining the election process to be posted in polling places for odd- as
29 well as even-year elections, and minimize the number of posters that must be displayed
30 in the polling place.
49
CONfMITTEE RECOMMENDA TIONS
2
3
4 ��s�a�i�
__�F__ 5.
6
7 Repeal the prohibition for election judges to be within six feet of election equipment in
8 the polling place.
9 Expedite resolution of candidate eligibility related to residency in errors and omissions
10 proceedings.
11
12
13
14 SD-45. Local Election Authority (AH)
5 Issue: City authority to schedule city elections and establish terms of office for local elected
16 officials strengthens regard for the role of local self-government particularly when voters
17 approve those matters in home rule charter cities. Additionally, statutory cities currently lack
18 authority to create or abolish wards.
19
20 Response: The League opposes:
21 Further limits on the number or the length of terms elected city officials may serve,
22 particularly when those terms have been established by voters in home rule charter
23 cities.
24 Restrictions on local authority to schedule city elections in November of either even- or
25 odd-numbered years.
26 The League supports general authority for statutory cities to create and abolish wards.
27
50
COMMITTEE RECOMIV�ENDA TIONS
1 SD-46. Ranked Choice Voting Issues (AH)
2 Issue: The state Ranked Choice Voting (RCV) Issues Task Force �;�r���e� has reviewed and
3 rnade final recommendations for amendin� and adontin� new state election laws and rules
4 that must be accornnlished nrior to conductin�
5 state or local elections that use RCV as the method of election of candidates for elective office
6
7 Response: Before the Legislature enacts changes to state election law authorizing cities to
8 conduct elections using RCV, the secretary of state must identify and aronose how to
9 resolve issues for voters and the method of votin� to be followed when RCV elections are
10 held The Legislature must also inelude statewide
11 standards to ensure RCV is implemented consistently throughout the state so that voters
12 will have confidence in the fairness of the alternative voting process and the outcome of
13 such elections.
14
15 As the Dr�' T°�- `state legislature deliberates whether
16 to make changes to state election laws and rules to authorize the use of RCV,
17 lawmakers should:
18 Make
19 changes to voting procedures and rules �e that ensure uniform statewide standards are
20 imnlemented.
21 Provide state and local funding options to cover the increased local costs to
22 implement RCV, such as changes to ballot design, voter education outreach, and
23 nurchase, uro�rammin�. and testin� of new voting equipment
24 a����tg �e�es.
25
26 SD-47. State Assistance for Library Funding (JO)
27 Issue: Many community libraries in Minnesota axe city-owned. Although located in an
28 individual community, city libraries serve a much wider area. Local libraries need to be
51
COMMITTE� RECOMMENDA TIONS
improved in order to provide access to both written and electronic inedia to enhance the
2 educational capacity of adults and children.
3
4 Response: The League supports a state matching grant program to provide dollars to assist
5- -co�munities to wo�k in part�ersl�ip to build and improve libraries. 4.,
6
7 SD-48. Park and Library Land Tax Break (JO)
8 Issue: As the price for land increases, it is becoming more difficult for cities and other local units
9 of government to compete with developers to save and secure land and easements that are
10 deemed appropriate for park, library, trail, and green spaces.
11
12 Response: The state should amend the tax laws to provide tax incentives for property
13 owners who sell land and easements to local units of government when the land is to be
14 used for park, library, trail or green space purposes.
16 SD-49. Charter Law �;�g� Expense Limit Increase (GC/AH)
17 Issue:
1g i �„ti t, ,-�o ;��o ra
b r
19
20 rr�, �nn� r b i,,,�,_o �r�_a�
21
22
23
24
25
26 �.•ii i�i �.o ,.o ,,;a���u u,,, �nno 33 �e�
27 Under current law (Minn. Stat. S 410.061, charter commission exoenses that are naid bv the citv
28 are limited to $10.000 in a first class citv and $1. 500 in all other cities. The first class citU limit
52
COMMITTEE RECOMMENDA TIONS
1 was increased in 1961 from $1.500 to $10.000 while the limits for all other charter cities have
2 not been adiusted since 1947.
3
4 Response: The League supports: increasin� the allowable annual charter commission
5 exaense limit to $5.0�0 for cities +�ther than cities of the fi� class.
6
7
g uFltar_�i.n_±h� TT .7 al. 1., ..,�1, .,1,....�., ..L,., 1.<
�J. viaua.i ciic a.iii
9
10
11
12 ..k F
13
14
15
16
17
18
19
20
21
22
23
24
25
26 �t�±p-:x:w.�a���,a a,,,-<,
z�
27
28
29
30
53
COMM�TTEE RECOMMENDA TIONS
2 SD-NEW A. Liquor Licensing for Citv Venues (JO)
3 Issue: State Liauor Control interorets liauor laws (Minn. Stat b 340A.4011 to reauire a
4 municipal license or nrivate license when a urivate nartv nrovides and disnenses or consumes
5 alcohol on citv nronertv and the onlv commercial transaction is the rental of citv propertv. For
6 instance. if a familv rents the communitvi center or local nark navilion and serves alcohol to
7 fellow familv members in con�unction with a fainilv reunion, accordin� to the state, the citv or
8 the familv must brocure a liauor license or the services of a licensee, or the cit� must issue itself
9 a license even when no sale of alcohol is taking nlace on the nremises. This interoretation differs
10 from the practice of manv cities in the state.
11
12 Resnonse: The Lea�ue of Minnesota Cities seeks statutor� clarification so it's clear a citv
13 mav allow individuals who rent citv nroaertv to disnense alcohol to social �uests without
14 anvone obtainin� a license if those individuals are onlv servin� and consumina alcohol, not
5 sellin� it and thev do so without hope of pecuniarv benefit.
16
17 SD-NEW B. Maintenance of �ffort for Libraries (JO)
18 Issue: The state's librarv Maintenance of Effort mandate (MOE 1 is a minimum level reauired
19 bv the state to receive federal and state aid funds; this is covered under Minn. Stat. 134.34.
20 The monev includes funds for statewide and re�ional deliver�� of interlibrarv loans. licensin� of
21 electronic resources. continuin� education otinortunities, and Qrants coordinated or administered.
22 bv the re�ion. Literacv is a bi� issue for man� communities and libraries �lav a kev role in
23 addressin� the issue.
24
25 While the MOE is seen as a mandate bv cities and counties. the MOE also nrotects the taxnaver
26 investment in librarv resources and services bv nrovidin� a more stable source of funding. In
27 tou�h times. it sounds like a short-term easv fix to funnel monev awav from nublic libraries and
28 into public safetv/nublic works. But the nublic librarv is an imnortant nart of the communitv
•29 infrastructure and needs consistent investment �ust as anv other nart of the infrastru.cture.
54
COMMITTEE RECOMMENDA TIONS
1
2 In 2008. the le
�slature was close to relievin� counties of their MOE reauirements for certain
3 mandated services includin� libraries. when the levv limits were nut into nlace. Ouestions arose
4 for both cities and librarv svsteins as to how those services would be naid for as the MOE was
still in place for cities. and v�hafithese fundin� increases would b�.
6
Res onse: B
v efore modifvin� the hbrarv MOE reauirements. the state shoula studv the
8 current svstem. including the interaction with citv and countv lew limits, to assure that
9 libraries receive necessarv fundin� without overburdenin� the contributin� local
10 �overnments.
11
12 SD-NEW C. Organized Solid Waste Collection (CJ)
13 Issue: `Or�anized collection' is the term used to refer to a situation where a local unit of
14 eovernment. for anv of a varietv of reasons. decides that there is a nublic interest served bv
15 limitin� the number of solid waste and recvclin� collection services available in the area. The
16 reasons for implementin� or�anized collection can varv, but include:
17 Public safetv concerns caused bv the number and freauencv of lar�e trucks movin� auicklv
18 throu�h residential nei�hborhoods.
19 Reducin� wear on nublic infrastructure from heaw truck traffic.
20 Imnrovin� the efficiencv. cost and aualitv of �arba�e and recvclin� service nrovided to local
21 residents.
22 Cooneratin� with other local �overnments to best meet solid waste mana�ement and
23 recvclin� obiectives.
24 Takin� local stevs to reduce enerev imnacts of nublic services.
25 Meetin� the reauirements of countv ordinances and solid waste management nlans as
26 reauired under Minn. Stat. 115.94.
27
28 Or�anized collection is also encoura�ed in state solid waste nolicies as a means of imnrovin� the
29 efficiencv and coordination of solid waste mana�ement between local units of �overnment.,
55
COMM�TTEE RECOMMENDA TIONS
•I There are verv specific nublic nrocedures laid out in statute definin� how such a decision must
2 be nubliclv vetted and abbroved and over what time ueriod that can occur.
3
4 Desuite all of these imnortant and valid reasons for usin� or�anized collection, le�islation has
5 -be�n d�scussed in several recent sessio�s that v�rauld allow snecial takin�s claiins.b�.the solid_.._
6 waste industrv if local �overnments make decisions that limit the number of comnanies that can
7 collect �arba�e in a cominunitv in a manner that nrevents a comnanv currentiv oneratin� in the
8 communitv from continuin� to do so throu�h the imtilementation of or�anized collection. The
9 unspecified and on�oin� liabilitv this chan�e would create would have the effect of eliminatin�
10 or�anized collection as a waste mana�ement ontion. This chan�e would also create a virival
11 mononolv situation for anv comnanv awarded a solid waste contract under or�anized collection.
12 The local unit of �overnment would have to `buv out' a contractor in the future to chan�e
13 providers. even if their services were no lon�er the lowest bid. Furthermore, this is a nrecedent
14 that, if avplied to other �overnment nurchasine and service contractin� decisions, would clearlv
15 run counter to the nublic nuraose of �ovemment nrovidin� services at the lowest feasible cost to
�6 taxnavers.
17
18 This issue has �enerated sufficient controversv that the Minnesota Pollution Control A�encv is
19 currentiv conductin� a studv to attemnt to determine whether efficiencv benefits of or�anized
20 collection can be documented.
21
22 Resvonse: The Lea�ue of Minnesota Cities onnoses efforts to anplv inverse condemnation
23 claims to citv solid waste contracting decisions.
24
25 Further, the Lea�ue of Minnesota Cities su�norts the current state �nolicv that or�anized
26 collection is a valuable tool as nart of a comnrehensive solid waste and recvclin�
27 mana�ement nro�ram and recognizes the need to nrotect and nreserve the authoritv of
28 cities to adont solid waste service contracts that nrotect nublic safetv, the environment and
29 nublic infrastructure.
0
�l
56
COM�VIITTEE RECOMMENDA TIQ�S
1 SD-NEW D. Rental Housing Licensing (HN)
2 Issue: Rental nronertv nrovides a kev housin� ontion in manv cities. With todav's mort�a�e
3 environment, manv sin�le familv homes have been converted to rental nrobertv.
4_ Evidence also exists in some_ communities of nroblem rental nronerties that consume a
5 disnronortionate amount of citv resources and ne�ativelv imnact the safetv of other tenants, the
6 nei�hborhood and nropertv values of nei�hbors.
7
S Resnonse: The Lea�ue of Minnesota Cities supnorts the abilitv of munici�alities to license
9 rentaT housin� to ensure safe and sanitarv housin� for tenants, and the maintenance of the
10 pronertv and nroblem tenants to protect nei�hborin� nrouertv values.
11
57
COMMITTEE RECO�VIMENDA TIONS
IMPROVING LOCAL ECONOMIES
2 LE- L Growth Management and Annexation (CJ/HN)
3 Issue: Unplanned and uncontrolled growth has a negative environmental, fiscal, and
4 governmental impacf'on cities, counties, arid the state because it increases the cost of providing�
5 government services and results in the loss of natural resource areas and prime agricultural land.
6
7 Response: The League believes the existing framework for guiding growth and
8 development primarily through local plans and controls adopted by local governments
9 should form the basis of a statewide planning policy, and that the state should not adopt a
10 mandatory comprehensive statewide planning process. Rather, the state should:
11 Provide additional financial and technical assistance to local governments for
12 cooperative planning and growth management issues, particularly v��here new
13 comprehensive plans have been mandated by the Legislature.
�4 Clearly establish the public purposes served by existing statewide cantrols, such as
15 shore land zoning and wetlands conservation; clarify, simplify, and streamline these
16 controls; eliminate duplication in their administration; and fully defend and hold
17 harmless any local government sued for a"taking" as a result of executing state land-
18 use policies.
19 Give cities broader authority to extend their zoning, subdivision, and other land-use
20 controls �utside the city's boundaries, regardless of the existence of county or township
21 controls, to ensure conformance with city facilities and services.
22 Clearly define and differentiate between urban and rural development and restrict
23 urban growth without municipal services or annexation agreements outside city
24 boundaries. This should contain a requirement that counties and joint power districts
25 that provide sewer, water, and other services, which have been traditionally provided
26 by cities, include as a condition of providing service the annexation of properties that
27 are the recipients of such services in cases where annexation is requested by a city that
28 could feasibly be praviding those services.
58
L-----
COMM�TTEE RECOMMENDA TIONS
1 Facilitate the annexation of urban land to cities by amending state statutes that regulate
2 annexation to make it easier for cities to annex developed or developing land within
3 unincorporated areas.
4 Oppose legislation that would reinstate the election requirement in contested
5 annexations.
6 Encourage ideas consistent with the long-term goal of allowing urban development only
7 in urban areas. Density incentives such as sprawl-reduction aid programs are more
8 straightforward methods of rewarding and encouraging compact urban development
9 than using local government aid (LGA) for another new purpose.
10 Establish reasonable limitations on the amount cities can pay to townships as part of an
11 orderly annexation agreement that goes beyond tax-sharing arrangements and
12 coverage of documented, stranded assessments and assets.
13
14 LE-2. Official State Mapping Responsibiiity (CJ/AF)
15 Issue: For many years, the Minnesota Department of Transportation (Mn/DOT) has provided the
16 mapping services to keep survey-level accuracy in place for the state's official maps and records.
17 That information changes when roads are made or improved, and needs regular adjustment when
18 rnunicipal boundary adjustments are made. 'The information is then used at all levels of
19 government to accurately determine property boundaries for transportation aid, utility service
20 boundaries, state and local funding formulas, election issues, and a number of other uses.
21
22 No state agency, however, has ever been statutorily provided with mapping responsibility and
23 Mn/DOT is not funded for providing that level of detail in its mapping. Because Mn/DOT, as an
24 agency, requires less specificity in its maps, a change has slowly been integrated to mostly
25 restrict Mn/DOT mapping to what changes occur in road ownership and responsihility, leaving
26 many mapping needs unmet for other users of boundary data.
27
28 Response: The League supports legislation making �4�88-'� a named state entitv the
29 official provider of survey-level mapping for the state, including maps for municipal
59
COMMITTEE RECOMMENDA TIONS
I boundary adjustments. The Le�islature must nrovide
2 the necessary appropriations to the entitv for providing that service.
3
4 LE-3. Electric Service Extension (AH)
5 Issue: Minnesota law preserves the right of municipal electric utilities to grow with the cities
6 they serve. Municipal electric utilities may grow either through application to the Minnesota
7 Public Utilities Coinmission (MPUC) or through condemnation proceedings. Eliminating
8 authority of municipal electric utilities to extend services, or making extension of municipal
9 electric service to annexed property unreasonably costly, would interfere with community
10 development and make it unfeasible for municipal electric utilities to serve properties located
11 within rural electric cooperative (REC) service temtory in annexed areas, even if the REC had
12 not served them prior to annexation.
13
14 Response: The current MPUC administrative process has become oppressive. The League
5 opposes any attempt to remove or alter the eminent domain option available to municipal
16 electric utilities in state law, or to make it financially unfeasible for municipal utilities to
17 compensate rural electric cooperatives for serving future customers who reside in annexed
18 areas where the cooperative has not provided service.
19
20 LE-4. Statutory Approval Timelines (CJ)
21 Issue:, Cities since 1995 have been required to act on written requests relating to zoning, septic
22 systems, the expansion of Metropolitan Urban Service Areas (MUSA), and other land-use
23 applications in accordance with a statutory time period generally referred to as the 60-day rule.
24 Pursuant to Minn. Stat. 15.99, state and local government agencies must approve or deny a
25 permit within a statutory timeframe. Failure by the agency to issue a specific denial of the
26 application with contemporaneous written findings of fact is deemed an approvaL
27
28 Minn. Stat. 15.99 does not directly address whether an appeal of a decision triggers an
�9 extension or is part of an original zoning request that must be handled within the 60- or 120-day
60
I
COMMITTEE RECOMMENDA TIONS
1 time period. In a recent court of appeals decision, the court found that a zoning application is not
2 approved or denied for the purposes of Minn. Stat. 15.99 until the city has resolved all appeals
3 challenging the application. According to the court, an appeal is not a request for a pennit,
4 license or other governmental approval; therefore, it does not trigger a new 60-day time period.
5 filnder this�interpreta�ion, a decision rendered by"a zoning board or planning coininission is not
6 the final
approval or denial of an application if the city allows an appeal to the city council.
7
8 This court decision is problematic for a couple of reasons. Forcing cities to further condense the
9 process for considering planning and zoning applications will make it more difficult to gather
10 public input and leave less tiine for thoughtful deliberation by zoning boards and planning
11 cornmissions. It may also provide an incentive for cities to extend the origina160-day period in
12 every instance in order to build-in adequate time to consider possible appeals.
13
14 While the Legislature has clarified some aspects of this law, additional modifications are
15 necessary to assist cities in providing accurate and timely responses to applicants and to allow
16 adequate time for public input.
17
18 Response: The Legislature should repeal or amend Minn. Stat. 15.99. If repeal is unlikely,
19 amendments should:
20 Increase the initial time Iimit to 90 days.
21 Clarify that approval does not abrogate the need for approvals under other applicable
22 federal, state or local requirements.
23 Provide appeal rights to adjacent property owners.
24 Clarify that, if requests are to be decided by a board, commission or other agent of a
25 governmental agency, and the decision of the board, commission or other agent is
26 adopted subject to appeal to the governing body of the agency, then the agency may
27 extend the 60-day time limit to resolve the appeaL
28
61
COIVIMITTEE RECOMMENDA TIONS
•1 LE-5. Public Infrastructure Utilities (AF)
2 Issue: Current infrastructure funding options available to cities are inadequate. The existing
3 special assessment law, Cl�apter 429, does not meet cities' financing needs because of the benefit
4 requirement. The law requires a mznimum of 20 perce�t of such a_project to be special�y �ssessed
5 against affected properties. In practice, however, proof of increased property value to this degree
6 of benefit can rarely be proven from regular repair or replacement of existing infrastructure such
7 as streets or sidewalks. Alternatives to the Chapter 429 methods for financing infrastructure
8 improvements are nearly nonexistent.
9
14 The Legislature has given cities the authority to operate utilities for waterworks, sanitary sewers,
11 and storm sewers. The storm sewer authority, established in 1983, set the precedent for a
12 workable process of charging a use fee on a utility bill for a city service infrastructure that is of
13 value to everyone in a city. Similar to the storm sewer authority, a transportation or sidewalk
14 utility would use technical, well-founded measurements and would equitably distribute the costs
5 of local infrastructure services.
16
17 Response: The Legislature should authorize cities to create, as a local option, additional
18 utilities such as a transportation or sidewalk utility. Such authority would acknowledge the
I9 effects of repeated levy limits and the general funding shift from the state to local
20 governments for building and maintaining necessary infrastructure; the benefits to all
21 taxpayers of a properly maintained public infrastructure; and, the limitations of e�sting
22 special assessment authority.
23
24 LE-6. Development Disputes (CJ)
25 Issue: State law is clear that fees collected under Minn. Stat. 462 are eligible for judicial
26 review in the event of dispute, The Legislature recently limited the timeframe during which an
27 aggrieved party may challenge planning and zoning fees to 60 days after approval of an
28 application. However, the law is not clear about what notice requirements to the municipality are
62
COMMITTEE �ZECOMMENDA TIONS
1 necessar�, relative to the timing for a person aggrieved by an ordinance or decision under tlae
2 rnunicipal planning act to seek review.
3
4 Response: The Legislature should amend Minn. Stat. 462.361 to establish a 60-day time
5 limitation in which an aggrieved person may bring an action against the munieipalify:
6
7 LE-7. New Resources for Affordable Housing (HN)
8 Issue: The �98-� 2008 Legislature reduced °a
111v1 VUJVIS JLLI.L\+ZUl
9 Housing's (the state's housing finance agency) 2009 base bud�et bv
10 $200.000 in its attempt to erase the state's deficit.'�•� Q�n
11 �lE���� Flf�ht�i-n�xr�,� a a'
b V 1 V l lt 11111L l t V�.IILR JpGlI�T�f
12
13 Cities, along with local housing officials, are concerned about the state's lack of commitment to
14 helpin�
15 cities meet demand for
16 affordable housing that is sensitive to local conditions. The Lea�ue recoQnizes that federal. state
17 and local �overnments all have a role to nlav in meetin� affordable housin� needs.
18
19 In �98� 2008, the League supported unsuccessful efforts by housing advocacy organizations and
20 Minnesota National Association of Housing and Redevelopment Officials (NAHRO) to secure a
21 dedicated source of funding through the proposed Housing Solutions Act. The proposals,
22 including a Minnesota NAHRO initiative called the Housing Account for Leveraged
23 Opportunities (HALO), would have provided state resources on a flexible and timely basis to
24 help cities offer housing initiatives to meet unique local needs.
25
26 Response: The Legislature should:
27
28 �}}nl•i� fn�r a,..,,,��......,...�
�IVKl �.VO 1
1
29
63
C�MMITTEE RECOM�VIENDA TIONS
•1 Provide stable and lon� term fundin� for Minnesota Housin¢ and other affordable
2 housin� pro�rams to heln rebuild the state's aartnershin with local �overnments in the
3 develonment of homeownershiz�, multi-familv rental assistance and housin� renovation
4 programs. and allow flexibilitv for cities to achieve nartnershius and leverage resources
5_ zvith private and nublic entities.
6 Substantially increase long-term funding for the Economic Development Challenge
7 Fund, which would leverage private and local resources to develop workforce rental
8 and single-family homes.
9
10
11
12
13 Fully fund the market value homestead credit (MVHC) program so as not to
14 discourage cities from promoting development of more housing to meet the needs of
15 households with a wide range of lower to moderate incomes.
�6
17 LE-S. Residential Care Facilities (group homes) (HN/AF)
18 Issue: Sufficient funding and oversight is needed to ensure that residents living in residential
19 care facilities have appropriate care and supervision, and that neighborhoods are not
20 disproportionately impacted by high concentrations of residential care facilities. Under current
21 law, operators of certain residential care facilities are not required to notify cities when they
22 intend to purchase single-family housing for this purpose. And cities do not have authority to
23 regulate the locations of group homes and residential care facilities. Cities have reasonable
24 concerns about the safety of group home residents, particularly in case of public safety
25 emergencies. Cities also have an interest in preserving a balance in residential neighborhoods
26 between group homes and other uses.
27
28 Response: Cities should have statutory authority to require agencies and licensed and
29 re�istered providers that operate residential care facilities to notify the city before e€
30 properties are ��operated as residential care facilities. The Legislature should also
64
C01V�MITTEE RECOMMENDA TIONS
I require establishment of non-concentration standards for residential care facilities to
2 prevent clustering. Finally, licensing authorities must be responsible for removing any
3 residents incapable of living in such an environment, particularty if they become a danger
4 to themselves or others.
6 LE-9. Inclusionary Housing (HN)
7 Issue: Provisions in current state statute (Minn. Stat. 4b2.358, subd. 11) allowing cities to enter
8 into development agreements for the inclusion of a portion of the units in the development to be
9 affordable for low- or moderate-income families have been a source of conflict between cities
10 and housing developers.
11�
12 Cities are concerned builders view this statute as a restriction on local authority to adopt policies
13 that promote availability of housing affordable to those who are unable to purchase or rent
14 housing at price points that the market alone provides.
IS
16 Response: The Legislature should:
17 Strengthen and clarify cities' authority to carry out policies that offer developers a
18 range of incentives in return for including a designated number of affordable units in
19 their projects.
20 Identify strategies to ensure long-term affordability of rental and owner-occupied
21 housing produced as a result of such poGcies and practices.
22 Focus state housing policy on support for local assessment of housing needs, and direct
23 additional state resources and the full exercise of local authority to increase
24 development of affordable rental units and access to entry-level owner-occupied
25 housing.
26 Support voluntary measures to encourage cities to adopt and carry out land-use plans,
27 activiti�s, and subdivision regulations aimed at providing for construction and
28 marketing of housing where a portion of all new units are affordable tolower-income
29 households.
30
65
COMMITTEE RECOM�VIENDA TIONS
i
1 LE-10. Communit Land Trusts (AH/HN)
Y
2 Issue: The steeply increasing price of land available for housing development, particularly for
3 retaining affordability of housing for lower-income households, is a growing concern throughout
4 the state. Creating more permanently affordable, owner-occupied housing depends heavily on
5 maximizing the cost-effectiveness of taxpayer investments. The Legislature has previously
6 appropriated funding and granted the Minnesota Housing Finance Agency authority to assist
7 cities with funding community land trusts (CLTs) for affordable housing:
g
9 Response: The Legislature should support continuation of the land trust capacity-building
10 program and provide capital start-up funds so community land trusts can continue to offer
11 gap financing, interest rate write-downs, predevelopment financing, and financial
12 underwriting costs. The Legislature should also support efforts by the Coalition of
13 Community Land Trusts to develop property tax valuation that would lower property
14 taxes for sales-price-restricted properties enrolled in CLT programs.
I 16 LE-11. State Broadband Policy Priorities for Cities (AH)
I 17 Issue: Communities increasingly recognize the need for statewide and national initiatives to
18 obtain higher symmetrical broadband speeds and greater capacity to ensure sufficient robust
19 affordable Internet connectivity is widely available. Expanding the use of broadband technology
20 has been shown to grow new markets for business, enhance educational access, strengthen health
21 care, increase the potential to attract and retain jobs, improve quality of life and service delivery,
22 and provide Minnesotans and Minnesota business with the capabilities necessary to compete in
23 today's global marketplace.
24
I 25 Lack of state policy establishing a goal of achieving significantly greater bandwidth dramatically
26 diminishes the opportunities to achieve these goals. Increasingly, cities and other local units of
27 government, as well as regional initiatives among county, school, city and other local entities, are
28 pointing the way toward public policy priorities that need to be addressed at the state leveL
i 29
66
COMMITTEE RECOMMENDA TIONS
1 Broadband internet access must be capable of a continuously-available internet protocol (IP)
2 connection capable of sup�orting full-motion, two-way interactive video applications. In order to
3 support videoconferencing applications, 6 megabits is needed for participants to utilize its time-
4 savings and efficiencies for a wide variety of purposes. In the near future, the demand for more
5 canacitv and bandvvidti� will make evident the need to nrovide infrastructure canable -of
6 brovidin� up to 1�i�abit broadband sneed throu�hout the state.
7
p cc �ii�e�7t't'cvTP+�:�7c���P+��Ji2�vTLi7clT�'
O Lviia
9
10 �e�
11 �.o >;ao.- ,.��.._,,.,a�.,, ,a
12
13 Response: The Legislature, Governor's office, and state agencies must take immediate steps
14 in resnondin� to the work of the Ultra Hi�h Sneed Broadband Task Force to develop a goal
15 of substantiallv increasing broadband speed and capacity, as well as statewide access to
16 symmetrical (upload and download) connectivity that is significantly greater than is
I 17 currently available at the localleveL
18
19 The Lea�ue also encoura�es the task force to sunnort the broadband nrincinles adoAted bv
20 the NationalAssociation of Telecommunications Officers Advisors (NATOAI. includin�
21 the imnortance of uroviding affordable and widelv accessible hi�h canacitv broadband
22 connectivitv.
23
24 To achieve this goal, the Legislature should
25
26
27
28
29
30
67
i
COMMITTEE RECOMMENDA TIONS
1 Support recommendations to address necessarv ste�s to achieve the �oal of statewide
2 denlovment of advanced broadband networks with svmmetrical hi�h-speed canacitv.
3 ��a-lc-ixg Comnlete comnrehensive statewide mapping af broadband services to
4 identify underserved areas and connectivity issnes.
5 Enco�rage public/private collaboration to achieve state broadband goals,
6 including partnerships and cooperation in providing last-mile connections.
7 Recognizi�ge that two-way symmetrical communications require higher broadband
8 speed, and undertake immediate a°` �a�°+�'-� actions to
9 move toward that goaL
10 Promot'-ge measures t-�t-a� to authorize and encourage cities and other local units of
11 government to play a direct role in providing broadband services by ���g offerin�
12 incentives to those entities to meet and discuss local needs for hi�h canacitv bandwidth
13 with incumbent providers; r�quiring private sector service providers to respond to:
14 those local or regional needs within a reasonable �peci€}e� timeframe.
15 Ssupport�rg initiatives to make it easier for cities, municipal utilities, schools, libraries,
16 and other public sector entities to collaborate and proceed with their own plans for
17 deploying broadband infrastructure and services at the local and regional level to meet
18 those needs.
19
20 LE-12. Competitive Cable Franchising Authority (AH)
21 Issue: Local residents, subscribers to cable/video services the Federal Communications
22 Commission (FCC), and state and federal lawmakers have signaled growing interest and support
23 for measures to spur increased direct competition in the delivery of advanced video and
24 telecommunications services at the local leveL In recent years, increasing numbers of
25 telecommunications service providers have begun offering competitive video services and claim
26 that local franchising can be a barrier to entry.
27
28 Cities strongly disagree with that viewpoint, and maintain there is no evidence local franchising
29 is a barrier to competitive entry by competitive wireline video service providers. Under the
30 framework of existing non-exclusive local franchising, communities have realized significant
I
68
COMMITTEE RECOMMENDA TIONS
1 benefits of the deplo}nnent and upgrades to cable systems. Indeed, local franchising authorities a
2 have promoted the benefits of competition and development of innovative services as a primary
3 source for deployment of broadband technology.
4
5 In pursuing the goai providing increased consumer choice, city officials look for oppartunities
6 to encourage cornpetitive entry while ensuring community needs and interests are met. The
7 League is alarmed about strong evidence of significant hann to communities�public,
8 education and �overnment (PEGI nro�rammin�. and ��institutional networks (I-Nets)
9 as a result of state franchising enacted in other states. Studies conducted in 2008 bv NATOA,
10 the Alliance for Communitv Media, and others have clearlv documented the ne�ative results of
11 such le�islation for consumers, cable TV subscribers. cities. PEG or�anizations. and more
12 studies are currentiv underwav. includine the Universitv of Minnesota studv le�islated durin� the
13 2008 le�islative session.
14
15 Response: State policy should maintain franchise authority at the local level to ensure
16 competitive franchise a reements reflect new technolo and are reasonabl tailored to the
g gY Y
17 technical and operational differences among providers and communities.
18
19 Local governments desire competition and encourage additional providers of cable and
20 multi-channel video programming services, regardless of technology, to enter the market.
21 Despite local government support for competition, market forces have slowed development
22 of wireline com etitio�. The exercise of local franchisin is not to blame.
P g
23
24 Accordingly, the Legislature, FCC, and Congress should recognize, support, and mai.ntain
25 flexible exercise of local franchising authority to encourage increased competition between
26 incumbent cable system operators and new wireline competitive video service providers.
27
2 n
8 Fu damental reasons for retainin local franchise t
g au hority include:
29 Consumer protection and enforcement of quality of service standards and local
30 accountability.
31 Assessment and delivery of services to meet community needs and interests.
69
COMMITTEE RECOMMENDA TIONS
1 Provision of channel capacity and related equipment, facilities, and ather support af
2 public, educational, and government (PEG) use of that capacity.
3 Production and development of diverse programming.
4 Effective control and management of public rights-of-way.
5 Provision of institutionai networks (I-Nets) to serviee important community needs, such
6 as public safety communications, libraries, schools, and other public institutions with
7 access to state-of-the-art applications and the ability to communicate effectively with
8 their constituencies.
9 Maintaining local franchising also most effectively creates and preserves agreements that
10 guarantee broad access to services throughout the community, ensuring there is no digital
11 divide for access to available additional services such as access to IP voice and high-speed
12 Internet via infrastructure that delivers video programming services.
13
14 LE-13. Right-of-Way Management (AH)
15 Issue: Cities have fundamental responsibility for managing the safe and convenient use of public
16 rights-of-way and hold local rights-of-way in trust for the public as an increasingly scarce and
17 valuable asset. As demand increases for use of rights-of-way for underground and overhead
18 wireless facilities and sites for wireless communications towers, cities must continue to have the
19 necessary authority to allocate and coordinate the use of this resource among competing uses.
20 Loca1 management responsibilities vary and are site specific, underscoring the necessity for
21 maintaining local authority.
22
23 Response: State and federal policymakers and regulators must:
24 Uphold local authority to manage and protect public rights-of-way, including
25 reasonable zoning and subdivision regulation and the exercise of local police powers.
26 Recognize cities have a paramount role in developing, locating, siting, and enforcing
27 utility construction and safety standards.
28 Support local authority to require full recovery of actual costs of managing use of
29 pubIic rights-of-way.
I
70
COMMITTEE RECOMMENDA T�ONS
1 Maintain city authority to franchise gas, electric, cable services, and open video
2 systems, and to collect franchise fees and alternative revenue streams.
3 Maintain the courts as the primary forum for resolving disputes over the exercise of
4 such authority.
5 Maintain existing city autharity to review and approve or deny plans for installation of
6 additional wires or cables on in-place utiliTy poles. In the alternative, cities should have
7 broader authority to require the underground placement of new and/or existing
8 services at the cost of the utility or telecommunications entity.
9
10 LE-14. Wireless Tower a.nd Antenna Siting (AH)
11 Issue: As demand for wireless communication service increases, wireless service providers have
12 increasingly requested to site towers, antennas, and other facilities in cities. Cities must continue
13 to l�ave local zoning authority and police power to manage and coordinate the siting of these
14 facilities. Local management needs vary and are site specific, underscoring the necessity for
15 maintaining local authority.
16
17 While state law regarding local rights-of-way management (Minn. Stat. 237.162-163) does not
18 apply to siting such facilities in public rights-of-way, the Federal Telecommunications Act of
19 1996 preserves and provides for the exercise of state and local authority over zoning and land-
20 use decisions for wireless service facilities.
21
22 Response: The Legislature should clarify that wireless service providers are not exempt
23 from local zoning and police power regulations where the provider proposes to use public
24 rights-of-way to site their facilities. Cities must continue to be permitted to consider public
25 health, safety, and welfare concerns, including issues of aesthetic and property value, in
26 responding to requests to site wireless facilities. The Legislature should maintain laws that
27 recognize and uphold city authority to manage the siting of wireless facilities through local
28 zoning and regulation and provider agreements, including fair compensation.
29
COMMITTEE RECOIV�MENDA TIONS
1 LE-15. Use Deeds (GC)
2 Issue: The state's tax forfeiture laws allow a local unit of government to acquire a tax-forfeited
3 property through a use deed that requires the local government to identify a specific public use
4 for the property. The prQpert�_ is then restricted to that specific use in perpetuity.
5
6 The Department of Revenue has recently identified several issues with the administration of use
7 deeds, including a concern that monitoring a parcel's use over time is difficult and iinpractical.
8 The departinent also contends that some of the current uses of property acquired through use
9 deeds do not constitute a"public use" as specified in statute. While the statute does not define
10 public use, the department believes the original intent of use deeds was for "direct use" by the
11 public, such as parks and streets, but not other public uses such as open space, retaining ponds,
12 governmental administrative offices or for econoinic development, redevelopment or affordable
13 housing.
14
5 The department has also noted that the use-deed process transfers tax-forfeited property to public
16 ownership without giving the private market an opportunity to purchase the property. Over time,
17 this limits the amount of taxable property and reduces revenues to the tax forfeit sale fund that
18 helps reimburse local governments for tax forfeitures statewide. The department has estimated
19 there are about 100 use deeds granted per year in the state.
20
21 During the 2007 legislative session, the department proposed several changes to the use-deed
22 law, including a restriction on use deeds to public ownership where the public has direct access
23 to the property. The proposal would have also required that for any other use, the local
24 government inust either purchase the property outright or allow the property to be offered for
25 sale for a period of 24 months. If, after that time, the property is unsold, the local government
26 can claim the property for free with no use-deed restriction. The department proposal would have
27 also clarified how recording fees are collected on properties involving use deeds.
28
29 Response: Use deeds provide cities with an important tool that allows tax forfeit property to
•30 be acquired for public uses at no cost. The League opposes changes to use deeds that would
72
COMMITTEE RECOMMENDATIONS
1 narrowly define public use to be situations where the public can directly use the property.
2 State and federal laws include many mandated requirements, such as wetlands
3 replacement and stormwater treatment and runoff protection, that indirectly benefit the
4 public and therefore constitute a public use even though the property might not qualify
5- under the department's direct-use definition. In addition; court d�cisions a� the federal and�
6 state levels support the idea that affordable housing, economic development, and
7 redevelopment constitute a public use.
8
9 The League supports administrative modifications that would ease the department's
10 burden of monitoring use-deeded property as long as the monitoring requirements do not
11 place an undue burden on cities.
12
13 LE-16. Economic Development Authorities (JO)
14 Issue: The 2005 Legislature authorized all counties outside the inetropolitan area to establish
15 county economic development authorities (EDAs). Minn. Stat. 469.1082 provides specificity on
16 certain process and limitations issues. County EDA activity in areas surrounding cities will
I
17 directly impact the adjacent city in terms of service provision and taxes.
18
19 Response: The Legislature should establish reasonable limits on county EDA activities in
20 unincarporated areas, including requiring city approval for proposed county EDA
21 activities within two miles of a city. The Legislature should revisit the county EDA
22 legislation, and consider specificity to other process and limitations issues such as the local
23 recommendation committee.
24
25 LE-17. Workforce Readiness (JO}
26 Issue: State and federal welfare reform efforts have focused on the importance of the welfare-to-
27 work transition, and have recognized the challenge of ensuring that individuals are qualified to
28 work. With the chan�inE economv, and the babv boomer �eneration set to retire soon. cities
29 C—�es have an interest in the availability of qualified workers as part of their economic
30 development efforts, and can serve as a catalyst with other public entities and the private sectar
31 to address workforce readiness issues.
73
COMMITT�E REC0IY�MENDATIONS
l
2 Response: The Legislature should continue to fully fund the job skills partnership and
3 other workforce training programs administered by the Department of Employment and
4 Economic Development, the Denartment of Human Services, and the various education
5 a�encies. The Legislature should provide additional flezible funding to loeal workforce
6 councils, including governments and educational facilities, for the purpose of upgrading the
7 skills and productivity of the workforce, and pursue additional creative programming and
8 funding to prepare and place underemplayed and unemployed Minnesotans.— .as well as
9 deal with those uhasin� out of the workulace and retirin�. The Legislature should continue
1Q to support cities that provide workforce programs that are coordinated with and
11 compliment state and regional efforts by seeking municipal approval before making any
12 changes to those service areas.
13
14 LE-18. Community Reinvestment Partnerships and Financing (JO)
I S Issue: The 2001 property tax reform package has had �:�xg a dramatic impact on how the
16 state of Minnesota's community reinvestment needs are addressed. The irnpacts bring into
17 question the future viability of tax increment financing (TIF) as the primary tool to fund
18 community reinvestment efforts. Additionally, the impacts of the 2006 eminent domain reforms
19 will dramatically limit a city's ability to assemble parcels of land needed to facilitate economic
20 development and redevelopment projects. Activities cities have historically been able to
21 undertake, but will likely be less able to achieve in the future given the likely diminished
22 effectiveness of TIF and limited ability to assemble parcels of land, include long-term tax base
23 stabilization and growth, job creation, development of low-to-moderate income and workforce
24 housing, remediation of pollution, elimination of blight, recycling and redevelopment of
25 infrastructure, and redevelopment of communities.
26
27 Reseaxch into another strategy of community reinvestment has focused on public and private
28 investments in youth. This body of work suggests that this form of economic development pays
29 off in areas such as improved high school graduation rates and homeownership rates. Helping
30 youth develop the social and emotional skills necessary to be contributing members of the state
31 economy meets the state's interest in building quality communities that sustain into the future.
74
C01V.lMITTEE RECOMMEN�A TIONS
2 Response: To ensure Minnesata is abte to continue to effectively compete with other states,
3 the Legislature has a responsibility to partner with cities, state agencies, and other
4 community reinvestment organizations to develop a statewide community reinvestment
5-- strategy, and �a-identify- and i�nple�nent additiana� toals to fund community reinvestment
6 efforts. The state should partner with cities in community reinvestment activities. State
7 acknowledgment of the need for community reinvestment and economic development is
8 essential to the state's prosperity, and legislation is needed to generate resources sufficient
9 to address these critical needs at the local level. The state should maintain a long-term
l 0 vision for a healthy society and renew its commitment to early childhood family education
11 and pre-school programs that better equip individuals to contribute to the local and state
12 economies and that ultimately make for quality communities.
13
14 LE-19. Tax Increment Financing (TIF) (JO)
5 Issue:
�6
17
18
19 ,.o� ,.,..,,�o o �rr� ,a;.,t..:,.�� ,,,,a ,..,,*o„�;.,,
i rusuic° j."`iivJa:vtu.
i
20 Despite the si�nificant imnacts of the 2001 nronertv taY reform nacka�e. TIF remains the most
21 viable tool available to fund communitv reinvestment efforts. Future chan�es to current statutes
22 that would render TIF less flexible will almost certainlv curtail local efforts to sunvort iob
23 creation, housin�, redevelonment and remediation.
24
25 Response: So as to not further complicate this process, the Legislature should not enact
26 future TIF law restrictions during the next legislative session. In order to allow TIF to
27 maintain the effectiveness that remains in the wake of the 2001 property tax reform
28 package, the Legislature should consider:
29 Authorizing any tax increment districts approved after April 1, 1990, to pool
0 increments in the same manner as districts certified prior to April 1, 1990, for
31 affordable housing and pollution remediation.
75
COMMITTEE RECOMMENDA TIONS
1 Expanding the use of TIF to assist in the development of technological infrastructure
2 and products. biotechnology, research, transit-oriented development, restoration of
3 designated historic structures, non-retail commercial projects, and non-wetland areas
4 where unstable/non-buildable soils exist.
5 Modifying various provisions in "order to better facilitate redevelopment and housing
6 activities,
'J 'TT� �IKthAKi�• aasa�aiab ua�. avua�J F..11 F:...,t �-1.
8 Modifying the housing district income qualification level requirements to allow the
9 levels to vary according to those specific to individual communities.
10 Allowing any lease payments received after the decertification of a district to not count
11 as tax increment.
12 Discouraging anv statutorv mechanisms that directiv or indirectiv decrease the imnact
13 of citv redevelopment and economic development proiects.
14
15 LE-20. TIF District Deficits (JO)
16 Issue: Along with the property tax reform of 2001, the Legislature committed state resources
17 through the TIF grant program in order to address the impacts of property tax reform an existing
18 TIF districts. This funding, however, was eliminated in order to help address the state budget
19 deficit. Since then, the Legislature has authorized municipalities to extend districts provided
20 certain criteria are met. At this time it remains unclear whether this will adequately address
21 district shortfalls.
22
23 Response: Municipalities using the new authorization for district extensions will need to
24 closely monitor the effects to ensure the extension adequately addressed the shortfalls. If
25 necessary, the Legislature should consider amendments to the 2003 authorization,
26 including state assistance, for add� TIF district deficits.
27
28 LE-21. Business Subsidies (JO)
29 Issue: In recent years, the Legislature has clarified and modified sections of the Business
30 Subsid�es Act. In order for development agencies to effectively implement the amended law, the
31 Legislature should avoid further substantive changes.
76
COMMITTEE RECOMMENDA TIONS
2 Response: Without thorough study, the Legislature should avoid further substantive
3 changes to the Business Subsidies Act during the next legislative session, but should
4 consider additional technical changes and u�dates that would streamline processes and
5 procedures:
6
7 g��e-��
8
9 LE-22. Business Development Programs (JO)
10 Issue: In recent years, the state has created and funded the Jobs Opporiunity Building Zones
11 (JOBZ), designed to lure business development into greater Minnesota, and provided insufficient
l2 bonding appropriations for other Department of Employment and Economic Development
13 (DEED) business development programs such _as the Greater Minnesota Business Dev�lopment
14 Public Infrastructure Grant Program. Furthermore, other proven statewide business development
5 programs, such as the Minnesota Investment Fund, have been cut substantially and recent
�6 fundin amounts have not matched the needs statewide. The redevelonment and economic
g
17 development needs of cities, statewide, have not �one awav. Legislation that prohibits any new
18 JOBZ ar tax increment financing (TIF) sends the wrong message to cities about what business
19 development tools will be available or sustainable. In light of the current economic times, local
20 governments may need to increasingly rely on these types of state programs in order to
21 effectively compete nationally and internationally for business development.
22
23
24
25
26
27
28
29 r�„���
�0
COMMITTEE RECOMMENDA TIO�S
1 Res o
nse: The Le isl
p ature should continue to fund and kee
flexible the Greater
g
P
2
Minnesota Busmess Development Public Infrastructure Grants and JOBZ programs, as
3 well as proven statewide business development programs such as the Minnesota Investment
4 Fund and DEED land recycling programs. These funds should not be raided to balance any
5
I state bud et shartfall and r'
g prio ity should be g�ven to increasing the- funding -�'or-these
6 proven programs:, esueciallv during these economic times. The Lea�ue sunnorts new
7 JO�Z nroiects having the full duration of tax benefit. rather than the reduced time frame
8 for proiects comin� on line �ust now. Furthermore, �oin� forward the state should keep in
9 mind the needs of t�►e entire state when developin� new business development
10 nro�rammin�.
ll
12 The state should alsa authorize and fund additional business development tools that
13 increase Minnesota's competitiveness by improving access to global markets.
14
15 LE-23. Land Recycling Programs (JO)
16 Issue: Communities across Minnesota are faced with expensive barriers to re-using property.
17 These roadblocks include deteriorating, obsolete, and vacant structures, as well as varying levels
18 of contamination. Such barriers pose significant problems for cities seeking to re-use existing
19 infrastructure, maintain and improve property tax base, provide jobs and housing opportunities,
20 and preserve historic structures. While land recycling activities have always been particularly
21 costly since they usually encompass multi-phase projects of extensive duration where site
22 assemblage, demolition, relocation or pollution cleanup must occur before private-sector interest
23 can be generated, the 2001 property t� reform package significantly diminished the ability of
24 cities to undertake these efforts by dramatically reducing revenues generated by tax increment
I 25 financing (TIF). Exacerbating this situation, the land recycling programs administered by the
26 Department of Employment and Economic Development (DEED) and the Metropolitan Council
27 programs continue to be underfunded.
28
29 Response: In recognition of the unique needs of land recycling projects statewide, the
30 Legislature should increase funding for the statewide redevelapment account. The League
31 supports a competitive program through DEED with both bondin and eneral fund
g g
�8
COMIV�ITTEE RECOMMENDA TIONS
appropriations that distributes the funds equftably between greater Minnesota and the
2 metro area. Additionally, as part of a comprehensive approach to land recycling needs, the
3 Legislature should consider state income tax credits and other tax incentives for local
4 historic preservation efforts. The Legislature should also revive the "This Old House" law,
5 a�d consider enacting similar authority that would provide a tax deferral on iinprovements
6 to commercial buildings, including those located in designated rehabilitation or historic
7 preservation districts. Finally, the Legislature should continue its support and increase
8 funding leveis for state and regional programs to assist in contamination cleanup and
9 brownfields remediation efforts.
10
11 LE-24. Property Tax Abatement Authority (JO)
12 Issue: In an effort to increase the number of development tools available, the 1997 Legislature
13 authorized local units of government to grant property tax abatements. Although tax increment
14 financing (TIF) continues to be the primary financing mechanism for local development projects,
5 tax abatements provide a good addition to a needed list of economic development tools.
6 Reco�nizin� the need for municibal develonment tools, the 2008 Le�islature exnanded the
17 abatement authoritv bv convertin� the limit on abatements from ten nercent of the current tax
18 levv to ten vercent of net tax canacitv. In order to provide maximum benefits, tax abatements
19 should be less restrictive in terms of funding caps and financing terms. Property tax abatements
20 should not be considered a replacement for TIF.
21
22 Response: TIF is still the primary, viable development tool available for cities. Abatement
23 authority should continue to be available, but not offered as a rationale to eliminate TIF.
24 Additionally, the Legislature should develop a state fund to facilitate state participation in
25 abatement projects. Finally, the funding caps and duration limits should be elimi.nated.
26
27 LE-25. OSA Respanse Timelines (JO)
28 Issue: The Office of the State Auditor (OSA) is responsible for t� increment fina.ncing (TIF)
29 oversight. As part of its review of TIF districts, the OSA identifies alleged violations of the TIF
•Q laws and issues noncompliance notices to TIF authorities. After responding to these
31 noncompliance notices within the required 60-day period, authorities often do not receive timely
79
COMMITTEE �ZECOMMENDA TIONS
1 responses on the inatter from the OSA. Goven�ment agencies typically have response-time
2 deadlines. Additionall TIF authorities are often unclear about the final dis osition of the matter
Y p
3 upon recei t of a final noncom liance notice.
P P
4
5- Response: In the event that theOSA-determines to issue a final noncornplianee-notiee to a- r
6 TIF authority, the Legislature should require the OSA to issue the notice within 60 days of
7 receiving the authority's response. Any final noncompliance notice should contain the
8 �SA's final position on the matter, the date upon which it forwarded the matter to the
9 county attorney, and the next steps that are required to be taken according to state law.
10 Upon expiration of the b0-day period, the authority should be deemed to be in compliance
11 with the TIF laws if no final noncompliance notice is received.
12
13 LE-26. OSA Time Limitations (JO)
14 Issue: The Office of the State Auditor (OSA) has the authority to issue noncompliance notices
15 for every existing tax increment financing (TIF) district in the state for alleged violations of the
16 TIF laws. This authority extends retroactively to the inception of the district. Accordingly, TIF
17 authorities can receive noncompliance notices for alleged violations that occurred 20 or more
18 years ago. Often, staff and reeord-keeping procedures have changed, and TIF authorities find it
I
19 difficult to reconstruct the past in order to identify and remedy these situations. Similarly, the
20 OSA claims the authority, based on the state's records retention schedule, to audit TIF districts
21 for up to 10 years after decertification, which requires cities to expend staff resources to maintain
22 files and a working knowledge of old districts for an unreasonable period of time.
23
24 Response: A reasonable timeframe within which alleged violations are identified should be
25 established. The Legislature should reasonably restrict the OSA's ability to issue
26 noncompiiance notices to the six-year period prior to the notice's issuance date. The
27 Legislature should also require the OSA to conduct any audits on decertified districts
28 within one year of decertification.
29
so
COMMITTEE R�COMMEIVDA TIONS
•1 LE-27. Adequate Funding for Transportation (AF)
2 Issue: The League recognizes that all Minnesota residents and businesses benefit fiom a sound
3 transportation systein that offers diverse modes of traveL In spite of the si�nificant fundin�
4 increase for transbortation enacted in 2008. Ecunent funding,for roads, bridges, and transit
5 systems across all government levels in the state i-s remains inadequate, and Minnesota's
6 transportation system is failing to meet needs pertaining to public safety, population growth and
7 economic development.
8
9 Due to funding challenges, the state has delayed regionally significant road construction and
10 reconstruction projects. Urban areas are experiencing growing congestion and are lagging behind
11 other regions in making transit investments. Rural roads are not being upgraded to meet modern
12 safety standards, and are not serving the needs of industries that depend on the ability to
13 transport heavy loads.
14
Local roads, bridges, sidewalks, and trails are critical cornponents of Minnesota's transportation
16 infrastructure. Cities, like the state, have inadequate resources to preserve and reconstruct aging
17 transportation infrastructure, and to build transportation infrastructure to serve new development.
18 Existing funding mechanisms, such as municipal state aid (MSA), special assessments and
19 bonding, have limited applications, making it difficult for cities to address growing needs.
20
21 Further, as the state funding shortfall has grown, the trunk highway project cost participation
22 requirements imposed on local units of government have increased dramatically. This burden has
23 been exacerbated by the state's use of trunk highway bonds as a funding source, because under
24 Minnesota's constitution, trunk highway bond dollars cannot be spent on local components of
25 trunk highway projects, and the bond dollars are not distributed through the Highway User Tax
26 Distribution Fund formula. Cost participation requirements put added pressure on local budgets,
27 contribute to property tax increases and divert local resources from the over 39;000 lane miles in
28 Minnesota under municipal jurisdiction.
9
81
�'OMMITTEE RECOMMENDA TIONS
1 Respnnse: More resources must be dedicated to all components of the state's transportation
Z system, and local units of government must have access to resources and funding tools to
3 meet growing needs. The League supports:
4
S_
6
7
8 A permanent increase in the gas tax.
9 Indexing of the gas tax, provided there is a limit on how much the tax can be increased
10 for inflation in a given amount of time.
11 Increases in vehicle registration taxes (tab fees).
12 Trunk highway bonding, provided the Legislature implements reasonable restrictions
13 on the amount of debt service the state will incur, _and provided _the Legislature
14 appropriates funding to assist with local costs related ta projects funded with trunk
15 highway bonds.
16 General obligation bonding for local roads and bridges, particularly for routes of
17 regional significance.
18 A sales tax increase to fund transportation needs.
19 Funding to assist cities burdened by cost participation responsibitities imposed by
20 improvement projects on the state's principal arterial system and on the county state
21 aid highway (CSAH) system.
22 Funding for transportation components of economic development and redevelopment
23 projects of regional significance.
24 Full funding for all components of state highway projects, including related stormwater
25 management systems, through state sources.
2b Funding to build roads to standards that can accommodate the year-round transport of
27 heavy loads.
28 A sales tax exemption for materials purchased for state and local road, bridge,
29 sidewalk, trail and transit construction projects.
30 Authority for cities to impose development impact fees.
82
COMMITTEE RECOMMENDATIONS
Local funding options that would allow cities to raise revenues for roads, bridges,
2 sidewalks, trails, and transit.
3
4 LE-28. Turnbacks of County and State Roads (AF)
5 Issue: As road funding becomes increasingly inadequate, more roads are being "turned back" to
6 cities from counties and the state.
7
8 Response: Turnbacks should not occur without direct funding or transfer of a funding
9 source. A process of negotiation and mediation should govern the timing, funding, and
10 condition of turned-back roads. City taxpayers should receive the same treatment as
11 township taxpayers. The requirement for a public hearing, standards about the conditions
12 of turnbacks, and temporary maintenance funding should also apply to county turnbacks
13 to cities. At a minimum, roads that are proposed to be turned back to a city government
14 should be brought up to the standards of the receiving government, or that city should be
compensated with a direct payment. Direct funding should be provided for smaller cities
16 that are not provided with turnback financing through the municipal state aid system.
17
18 LE-29. Mn/DOT R.ights-of-Way Maintenance (AF)
19 Issue: Maintenance of property, including government property and facilities, is important to
20 public safety and to the image of Minnesota cities. Cities are acutely aware of the responsibility
21 they have for enforcing property maintenance codes pertaining to grass mowing, noxious weed
22 abatement, the placement of trash in yards and fence maintenance.
23
24 Minnesota has many miles of highways tt�at run through cities. In recent years, the Minnesota
25 Department of Transportation (Mn/DOT) has cut a substantial percentage of its rights-of-way
26 management staff. The cuts have resulted in reduced maintenance along some co�idors and on
27 parcels acquired by Mn/DOT for transportation purposes. Specifically, Mn/DOT has reduced the
28 frequency of mowing, litter collection, noxious weed abatement and repair of fences and guard
83
COMMITTEE RECOMMENDA TIONS
1 rails. This maintenance reduction has created public safety concerns and has undermined efforts
2 to keep corridors attractive.
3
4 Response: The League requests that Mn/DOT be required to maintain state rights-of-way
5 and parcels acquired by Mn/DOT for transportadon purposes located within city limits in
6 a manner consistent with local ordinances governing the upkeep of private property when
7 requested by the city. Alternatively, Mn/DOT should reimburse 1VIinnesota cities for the
8 labor, supplies, and equipment necessary to maintain state rights-of-way to meet city
9 standards and/or minimize public safety hazards. The Legislature must provide Mn/DOT
I
10 with ade uate funds to maintain state ri hts-of-wa
q g Y
ll
12 LE-30. Road Funding for Cities Under 5,000 (AF)
13 Issue: Cities under 5,000 population do not receive any non-property tax funds for their collector
14 and arterial streets. Citing this fact, the 2005 Legislature appropriated $4 million in additional
15 local government aid (LGA) to be distributed to cities under 5,000 population. However, this
16 increase amounts to a fraction of what cities over 5,000 population receive in municipal state aid
17 (MSA) from the Highway User Tax Distribution Fund (HUTDF).
18
19 Response: Ciizes under 5,000 population that are not eligible for. MSA should be able to use
20 county municipal accounts and the 5 percent account of the HUTDF.
21
22 Uses of county municipal accounts should be statutorily modified so counties can dedicate
23 these funds for local arterials and collector streets within cities under 5,000 population. In
24 addition, the 5 percent set-aside account in the highway user distribution fund should be
25 used to meet this funding gap.
26
27
2E
29
84
C01VI1VfITTEE RECONfMENDA TIONS
2
3
4
5
6
7
8
9 LE-32. Railroad-Related Projects (AF)
10 Issue: Cities are being presented with far-reaching and long-term effects when railroad
11 expansion and related projects enter their communities. Along with the concerns related to
12 safety, environmental effects, and noise impacts on the communities, several issues have greater
13 reaching effects:
14 The cost-share ratio related to roadway crossing improvements is borne by the public sector
�5 to a substantial degree. Some estimates are 80 percent public to 20 percent private funding.
16 The financial burden is faced by the public sector to deal with mitigatian improvements, a
17 cost that the Surface Transportation Board (STB) is not requiring the private sector to pay.
18 The issues associated with the length of trains moving through communities.
19 Liability associated with whistle-blowing ordinances.
20 Pre-emption of local authority to regulate railroad activities.
21
22 Response: The private sector must be required to pay a greater share of the improvements
23 that benefit its industry. The public sector should not be expected to underwrite the costs of
24 improvements sought by the private sector. The state and federal government must
25 participate in adequately funding mitigation of the negative impact of �ailroads on local
26 government and its citizens. The federal government must exercise greater oversight of the
27 STB to ensure fair and equitable solutions are reached when dealing with cities in
28 Minnesota.
85
COMMITTEE REC01V,fMENDA TIONS
1 LE-33. c*^*�-=�;a� Airqort Planning and Funding (AF)
2 Issue: Airoorts are an essential comnonent of Minnesota's transnortation infrastructure. The
3 Minneapolis International Airport (MSP) serves as an important gateway to the region, the nation
4:_ and,,global markets. It ser�es..as the:primary access point to ou� national aitport syster�. �.-�-se��e-
5 <��-�n This airport, even with aIl the planned improvements will eventuallv reach its
1'
6 capacity. The state needs to �s imvlement a long term strategy to rnake better use of other
7 airport facilities and existing resources, reduce environmental impacts, and achieve sound and
8 sustainable economic growth throughout the state.
9
10 Aviation planning is a multi-layered effort with different levels of responsibilities. Currently, the
1 l State Airports System Plan is put together by Mn/DOT with individual pieces developed by the
12 Federal Aviation A�encv (FAA�, Metronolitan Council (MCI, and Metropolitan Airports
13 Commission (MACI. Aviation planning could be improved by a more unified statewide effort
14 and coordination of the various aviation strategies through creation of an oversight body.
15
16 Minn. Stat. 360.017 establishes the State Airuort Fund and authorizes the Minnesota
17 Department of Transnortation (Mn/DOTI Office of Aeronautics to subnort cities. counties and
18 townshit�s in the nlannin�, develonment. maintenance and safe o�eration of nublic airnorts. In
19 2003, in order to heln balance the state's bud�et, the Le�islature transferred $15 million from the
20 State Airaort Fund to the General Fund. Plans to renav the State Airoort Fund in 2007 were
21 delaved to 2008. then a�ain to 2009� and stakeholders fear more delavs will occur. Efforts to
22 preserve and imbrave the aualitv of airz>orts throu�hout the state will be hindered bv the
23 unavailabilitv of these revenues.
24
25 Response: The state needs a higher degree of integration of agencies (FAA, Mn/DOT, MC,
26 and MAC) and communities related to aviation planning. The League supports the
27 development of a statewide airport advisory board, which could provide input, review and
28 make recommendations to assist in development of a comprehensive statewide State
29 Airports System Plan.
3o i
86
COMMITTEE RECOMME�VDA TIO�S
e lannin and investment decisions
mak
The state needs to'^^'r p
2 that will maximize the potential for airports to become economic development centers
3 �}g that provide access to domestic and global marketplaces. 'T'���
4 Investments in airports allow existing businesses to remain and
5 g�ow, help attract new businesses, i�rcrease employment, and lower proc�uct-and ser�tce
6 costs for the benefit of the region. Finallv. the Le�islature must reaav the State AirQOrt
7 Fund so that airnort maintenance and imorovements throu�hout Minnesota can occur.
8
9 LE-NEW A. Transit Improvement Areas (JO)
10 Issue: In 2008 the Debartment of Emblovment and Economic Develonment (DEEDI was
11 authorized to establish Transit Imnrovement Areas. Transit Im�rovement Areas include narcels
12 of land that are located in oart within one-half mile of a transit station. A transit station is
13 defined as a nhvsical structure or desi�nated area which sunnorts the interconnection of various
14 transnortation modes. includin� li�ht rail. commuter rail and ranid bus transit. and which
�5 promotes and achieves the loadin�, dischar�in� and trans�ortin� of neonle. The commissioner
16 of DEED mav desiQnate a Transit Imnrovement Area if it will increase the effectiveness of a
17 mass transit nroiect bv incorooratin� one or more modes of nublic transnortation with
18 commercial and housin� develobment, as well as nrovidins a clean and vleasant nlace for
19 nedestrian use. The law reouires the commissioner to consult with other affected state or
20 re�ional a�encies. This laneua�e was initiated bv communities concerned about the lack of tools
21 available to shane develonment around maior transit stations. Althou�h the laneua�e nassed and
22 was si�ned in law bv the Governor (Chanter 3001, there was no fundin� �ut into place to
23 imnlement the new nro�ram.
24
25 Resnonse: The League of Minnesota Cities sunnorts the imvlementation of this nro�ram
26 and ur�es the Le�islature to authorize various fundin� mechanisms for Transit
27 Imnrovement Areas. includin� tax increment financin�, tax abatement. bondin� and
r nt ro ram.
28 general fund annroariations for a revolvin� loan nro�ram or for a� a n�
s�
COMMITTEE RECOMMENDATIONS
1 LE-NEW B. F
oreclosure HN
2 Issue: Over the last few vears. Minnesota has seen a sur�e in the nuinber of mort�a�e
3 foreclosures. An estimated 28.000 more foreclosures statewide could occur in 2008.
4
5 Cities are feelin� the financial imnacts of the �rowin� foreclosure crisis. Manv cities are
6 dedicatin� alreadv strained resources to address nublic safetv and maintenance nroblems
7 associated with foreclosed and vacant homes. Cities are also seein� revenues decline due to
8 delinquent utilitv navments, nronertv tax navments and nuisance abatements.
9
10 Foreclosures have also resulted in an unnrecedented number of vacant nronerties. makin� them a
11 tov concern for communities. Left unaddressed. these abandoned nronerties destabilize
12 nei�hborhoods bv denressin� nronertv values within surroundin� nei�hborhoods and drivin� un
13 costs of municinal services.
14
15 Althou�h cities are doin� their besf to nreserve the viabilitv and safetv of their communities. it is
16 evident that thev cannot address the issues stemmin� from foreclosures alone.
17
18 Resnonse: The Legislature should:
19 In addition to anv federal resources nrovided to cities under HR 3221 and anv other
20 federal fundin�, secure state and federal resources for cities to heln Aav for costs
21 associated with foreclosures;
22 Allow for an exnedited nrocess to address nuisance nronerties, a nrouertv tax
23 abatement nrocess for homes in foreclosure, nrocess for cities to acauire abandoned
24 prouerties if thev determine it is nreferable to do so. and financin� ontions for cities to
25 seek reimbursement for costs;
26 Allow cities to recover delinauent nronertv taxes and utilitv bills nrior to the sale of
27 foreclosed nronerties and allow cities to collect liens on nronerties that �o tax forfeit
28 Re4uire all delinauent nronertv taxes and utilitv bills be naid nrior to the sale of a
29 foreclosed �ro�ertvi
30 Imnrove notification to cities when a house is in the foreclosure nrocess and vacated;
i
88
COMMITTEE RECOMMENDA �'�ONS
Require foreclosin� oartv/mortga�e holder to maintain foreclosed !nronerties. If the
2 foreclosin� aartv is unwillin� to maintain the orouertv cities should be allowed to
3 char�e foreclosin� partv/mort�a�e holder for cost of maintenance; and
4 Sunnort a coordinated structure of res�aonses to the foreclosure crisis to �revent
S foreclosures, activate and ¢uide brivate investment and home i�urchases: and sunport
6 distressed nei�hborhoods.
7
8 LE-NEW C. Ener�v Efficiencv Imnrovement Reauirements for Housin�
9 (CJ}
10 Issue: Risin� ener�v costs have brou�ht attention to the noor ener�v efficiencv of manv private
11 residences. esneciallv in older housin� stock. The affordabilitv of this housin� could be severelv
12 imnacted bv continued increases in home ener�v costs. Imnrovements in the ener�v efficiencv of
13 this housin� stock would im�rove the affordabilitv of local housin� ontions and would heln
4 achieve state ener�v demand and �reenhouse �as emission reduction �oals. The challen�e is how
5 best to achieve that result.
16
17 Le�islative discussions have sug�ested that minimum ener�� efficiencv imnrovements could be
18 added as noint of sale reauirements for this older housin� stock. includin� basic renovations such,
19 as imbroved attic insulation levels, window caulkin� and outlet sealin�.
20
21 While the �oals of such a nro�ram are laudable. there are a number of concerns for how this
22 would actuallv be accomnlished in individual cities. Most cities do not. for examnle, have noint
23 of sale insnections. There will also be cases where the house will be structurall�� unable to meet
24 hi�h attic insulation reauirements. such as with manufactured housin� or with older houses with
25 verv little attic space. There axe also concerns that the cost of ineetin� these ener�� reauirements
26 could result in homeowners bein� reluctant to sell their houses because of the exvense of the
27 improvements that would be reauired to meet new standards.
28
�9 What homeowners will need to accomolish these ener�v efficiencv imnrovements is increased
30 exvosure to educational information. such as increased access to ener�r audits and increased
89
COMIVIITTEE RE�'OMMENDA TIONS
1 familiaritv with and access to nro�rams that finance home ener�v efficiencv uroiects. Citv
2 �overninent is nrobablv not the best lead provider of that sort of nublic nro�ram. Electric utilities
3 have a customer relationshiU with homeowners. a re�ulatorv requirement to meet ener�v demand
4 reduction �oals throu�h conservation snendin�. and access to technical exnertise that can take
5 into account variations in housin� a�e and construction. Cities could. however. nlav a stron� mle
6 in increasin� nublic exnosure to annroved educational materials.
7
8 Resvonse: The League of Minnesota Cities a�rees that there is a need to imurove the
9 ener�v efficiencv of older housin� stock to reduce ener�v consumntion and imnrove the
10 affordabilitv of housing. The state should focus its efforts on improvin� educational
11 pro�rams and on imnrovin� the use of existin� statewide Conservation ImArovement
12 Pro�ram (CIPI financed pro�rams to nrovide homeowners with technical and financial
13 suAport for weatherization and ener�v efficiencv imnrovements. Cities should use their
14 communication tools, such as newsletters and web sites, to promote these efforts and to
15 heln link homeowners to educational materials and pro�ram resources.
16
17
90
COMIVIITT�E IzECOMMENDA TIONS
IMPROVING FISCAL FUTURES
2 FF-1. State-Local Fiscal Relations (GC/JO)
3 Issue: Since the 1970s, services provided by Minnesota cities have been largely funded through
4 a combination of property taxes, stafe aids, and state property tax relief programs. This system of
5 municipal finance has evolved to ensure that municipal services can be funded without excessive
6 local tax burdens.
7
8 In recent years, the state=local partnership has eroded under the stress of state budget deficits and
9 an emerging belief among legislators that cities should be more financially independent. If this
10 trend continues, further reductions in state aid to cities will create fiscal problems for many
11 communities already struggling with the effects of recent aid reductions and the shift away frorn
12 an interdependent state-local fiscal policy.
13
Response: The League supports a strong state-local fiscal partnership. The state-local fiscal
15 system, and any future modifications, should be consistent with the following principles:
16 s Accountability. Cities believe a viable partnership with the state requires cities and the
17 state to communicate effectively with each other and with the public about their roles
18 and responsibilities. Cities and the state must also exercise sound financial stewardship,
19 including maximizing efficiencies in service delivery and other means of cost
20 containment whenever possible.
21 Certainty. Cities need to have more certainty and predictability in all of their available
22 revenue sources, including the property tax and the amount of funding they receive
23 from local government aid and similar programs. The current practice of almost
24 annual adjustments to local government aid (LGA) and similar programs and the
25 imposition of levy limits do not allow for prudent financial planning and decisions.
26 Adequacy. The revenue sources available to cities and the state must raise adequate
27 funds to meet city needs, to fund mandates, and to maintain Minnesota's long-term
28 competitiveness.
�9 Flexibility. As cities become increasingly diverse in their characteristics, a"one-size-fits-
30 all" system that limits all cities to the property tax as the major, non-state aid revenue
91
COMMITTEE RECOMMENDA TIONS
1 source is increasingly unworkable. Some cities have suff cient property tax base to
2 sustain an adequate service level, but many do not. Cities should have greater access to
3 other tax and revenue sources than currently permitted.
4 Equity. All citizens should receive adequate levels of municipal services at relatively
5 similar levels of taxation. This means that the state should provide financial assist�nc�
6 to cities that have high needs, low �scal capacity, or both. The state should also provide
7 financial assistance to compensate cities and their taxpayers for overburden created by
8 non-taxpaying users of city services and to reduce tax burden disparities among
9 communities and between cities and townships.
10
11 FF-2. State Budget Stability (GC/JO)
12 �ssue: Since 2002, the Legislature has struggled annually to solve a series of projected budget
13 deficits only to find that their actions were not sufficient to permanently balance the state budget.
14 Past efforts to solve the state deficit have largely focused on expenditure reductions, shifting of
15 costs to other governinents, the use of one-time reserves and fee and fine increases. Although
16 recent state budget forecasts have improved, the possibility exists that the state could again slip
17 into deficit unless the state implements corrective actions.
18
19 Response: To address future state budget deficits, the Legislature:
20 Must consider all options, including revenue increases, with a particular focus on
21 chaages that increase state revenues and improve the stability of the state's revenue
22 stream.
23 Must not further reduce aid to cities.
24 Must consider the aggregate impact of recent budget cuts in order to enact a balanced
25 response for taxpayers.
26 Must reinstate estimates of inflationary increases to expenditure estimates.
27 Shauld build a 5-percent budget reserve.
28
92
COMMITTEE RECOMIV�ENDA TIONS
•1 FF-3. Funding LGA (GC/JO)
2 Issue: Local government aid (LGA) is an important component in the state's property tax relief
3 system. In 2001, the Legislature enacted significant changes to the state's property tax relief
4° programs, which included-an increase in LGA funding, state takeover of ge�era�-education
5 funding, a state takeover of transit funding, and an elimination of homestead agricultural credit
6 aid (HACA) for cities. The Legislature's goal for these changes was to �rovide relatively
7 balanced property tax relief to taxpayers.
8
9 Prior to the 2003 legislative session, actual state revenue collections failed to meet projected
10 growth resulting in a 15 percent state budget deficit. During the 2003 session, the Legislature
11 balanced the state's budget deficit, in part, by permanently reducing LGA by $150 million,
12 eliminating the inflationary increase in_LGA funding, and temporarily reducing funding for the
13 market value homestead credit (MVHC) reimbursement by $20 million. At the same tiine,
4 funding for the general education takeover and the transit takeover were not cut. The cuts in city
�5 fundin were cou led with a one- ear extension of lev limits that rohibited lar er cities from
g P Y Y P g
16 recovering these lost revenues through the property tax.
17
18 In �A9� 2008, the Legislature restored �4$� $42 million in LGA funding for the 2009 distribution
19 and included an additional two nercent inerease for 2010 and a four nercent increase for 201 L
20 Even with this restoration and adiustments. LGA funding in 2011 �s will remain nearly
21 5 percent below the 2003 pre-reduction funding level.
22
23 Response: In order to reduce pressure on the property tax,
24 and to equalize property tax bases, the League supports
25 an increase in the LGA appropriation to at least the level that would have been provided
26 prior to the 2003 cuts, including the loss of the annual inflation adjustment.
27
93
COMMITTEE RECOM1VfENDA TIONS
1 FF-4. Local Government Aid Reform (GGJO)
2 Issue: The Local Government Aid (LGA) program was created as a component of tl�e larger
3 property tax reform passed in 1972 known as the "Minnesota Miracle." Prior to 1971, tlze state
4 maintained_a number of smaller state aid programs, many of which were "shared tax" programs
5 which distributed aid based solely on the geographic location where the revenue was collected.
6 In contrast, the LGA program was established to provide aid to cities based on differences in
7 "need" and differences in "ability" to raise revenue. Although the LGA formula's measures of
8 need and ability to pay have been modified over the years, the general goals of the fonnula have
9 been to equalize tax bases, assist cities with service "overburden" and to reduce the overall
10 reliance of cities on the property tax.
11
12
13
14 e-��:. -a:
15
16
17
l8
19
20
21 o o�� „a o o
22
23
24
c �,.o,�:�oa �nn� .,;a ;,:�;o� ,,ao,- c
25 a��,������rz
26
27
28
29
94
C01t�MITTEE RECOMME�VDA TIONS
T,., f T n 7, 1, f a f
v� JI�1Z111VU t
2
3
4
6 In 2008, the LGA formula was modified to include a new �obs factor that attemnts to
7 acknowled�e the overburden imnacts on cities that act as re�ional centers or hubs of commerce.
8 The 2008 modifications were enacted as a temnorarv reform. The Le�islature also established an
9 LGA studv with the �oal of develot�in� a new LGA svstem.
10
11 Response: The League supports the le�islative studv of the current LGA
12 formula with the goal of identifying a new system or modi�cations to the existing system
13 that will address current formula deficiencies A new LGA system should
14 include need and capacity factors, should minimize the reliance on "side pots," and should
5 reduce tax burden disparities among cities and between cities and townships.
�6
17
18
19 ,.F;� ;a ,.t; +�n ��•::�i :,t,.�.�..�.
20
21
22
23
24
25
26
27
28
29
31 ,.r.r ..F T A 1 „�i.,, f�..,+ a. E�..,,
45
COMMITTEE RECOMME�VDA TIONS
2
3
4 c. v�u�� n,�,.,v,;,,;��,.,,�;�,,, n„a,,,..-;;,,,� c+�+„
5
6
„�a �t, ,a:�,.,->� t�o.,� r o l LL
1lAl1Vl1V11� (AYl�l L11V 3TCil{w v.♦
8
9
10
11
12
13 ��a�e-�e-a�
14
15
16 �e-�ale�
17
18 FF-6. State Charges for Administrative Services (GC/JO)
19 Issue: Currently, some state agencies have wide discretion in setting the fees for special services
20 they provide to local governments. For example, the Department of Revenue recently increased
21 the fee for administering local sales taxes by 80 percent in the middle of a budget year with less
22 than six-week notice. The increase had no a arent relationshi to the cost of rovidin the
II
PP p P g
23 service.
24
25 Response: State agencies should be required to demonstrate the need for service fees or for
26 increases in existing service fees. Agencies should give adequate notice of increases to allow
27 local governments to budget for the increases. State agencies should set administrative
28 service fees as close as possible to the marginal cost of providing the service. Local
96
COMIVIITTEE RECOMMENDA TIONS
governrr►ent should be given the option to self-administer or contract with the private
2 sector for the service if the state cannot provide the service at a reasonable cost.
3
4 FF-7. Reporting Requirements (GC/JO)
5 Issue: Budget and financial reporting requirements imposed on cities by the state often result in
6 duplication and additional costs. In 2005, the Legislature mandated cities report to the
7 Department of Revenue on all fees they collect. Cities will have to include any fee increases,
8 what the revenues are, and how they are expended. Furthermore, cities will be required to
9 provide this data going back for the last four fiscal years.
10
11 Response: Requirements for reporting and advertising financial and budget information
12 should be carefully weighed to balance the validity of the state's need for additional
13 information with the costs and burdens of compiling and submitting this information. In
4 addition, all state agencies should be aware of the information already required by others
�5 to avoid du lication of re ortin re uirements.
P P g 9
16
17 FF-8. Limited Market Value and Homestead Tax Burdens (GC/JO)
18 Issue: The 2001 Legislature enacted a phase-out of the state's limited market value (LMV)
19 system. Under the LMV system, homeowners and cabin owners who experience rapid escalation
20 in their property's value effectively have a temporary exemption of taxes on a portion of that
21 growth. This exemption has grown rapidly over the past several years and now shifts substantial
22 property tax burdens to other types of property.
23
24 In 2005, the Legislature delayed the phase-out by extending the program for two additional years
25 due to concerns that a rapid phase-out of the program could dramatically shift ta�c burdens back
26 to homes and cabins. The most recent data on the LMV program show that most of the benefit
27 goes to agricultural and cabin property owners.
97
COMMITTEE RECOMMENDA TIONS
1 Respor2se: The LMV program should be allowed to sunset. The state should buffer
2 property tax increases on homeowners by increasing the circuit breaker and targeting
3 programs. The Legislature should also convert the circuit breaker and targeting into
4 automatic refunds to qualifying taxpayers.
5 s::.
6 FF-9. Restructuring the Market Value Homestead Credit (GC/JO)
7 Issue: As originally established, the market value homestead credit (MVHC) provides tax relief
8 to homestead property by reducing the homeowner's property tax bill. Local units of government
9 are subsequently compensated by the state for the loss of property tax revenue under the credit.
10 In 2003, the MVHC reimbursement structure allowed the state to reduce and, in some cases,
11 even eliminate the reimbursement to 103 local units of government while preserving the appaxent
12 benefit of the credit to the homeowner. The 2005 Legislature extended these cuts through 2006,
13 but these cuts are scheduled to be restored beginning in 2007.
14
15 Response: The MVHC program should be restructured to provide the credit directly to the
16 homeowner. If the program cannot be restructured as a direct taxpayer payment, the
17 formula parameters should be adjusted in the future to match the resources available for
18 the program.
19
20 FF-10. Sales Tax on Local Government Purchases (GC/JO)
21 Issue: When the state was experiencing a budget shortfall in 1992, the Legislature repealed the
22 sales tax exemption for local government purchases. Local governments now pay state sales tax
23 on purchases like road maintenance supplies and equipment, wastewater treatmenf facilities, and
24 some public safety equipment. This tax currently costs local property t�payers and ratepayers
25 more than $100 million annually. In addition, proposals to extend the sales tax to services would
26 have the effect of increasing local government costs and property taxes. Because no additional
27 state aids were added to offset the additional cost, this repeal has effectively increased local
28 property taxes to finance state operations. In recent sessions, there have been city specific
29 requests for exemptions that have been granted by the Legislature including a local wastewater
98
COMMITT�E 1ZECOMMENDA TIONS
treatment plant exemption and the Legislature has granted several large private exemptions,
2 including an exemption for the new Twins baseball stadium in Minneapolis. Additionally, there
3 have been itemized exemptions proposed, such as for water or wastewater systems, public safety
4 equipment or local transportation projects, that would provide cost-savings for cities.
5
6 Response: The state should reinstate the sales tax exemption for all local government
7 purchases. The exemption must not be coupled with cuts in local government aid (LGA) or
8 other state-shared revenues. Any sales-tax study conducted by the Department of Revenue
9 or the Legislature should review the practice of local units of government paying sales tax.
10
11 FF-11. Sales Tax on Capital Equipment (GC/JO)
12 Issue: Purchases of capital equipment used in the production of taxable goods are exempt from
13 Minnesota sales tax. When a contractor installs the equipment, however, cities and other entities
14 must pay the tax and follow an elaborate process to receive a refund. This process includes a
�5 requirement for an up-front written agreement appointing the contractor as the purchasing agent.
16 Many cities and other entities fail to follow the process properly or are unaware of the process
17 until after the project has been inifiated., resulting in a forfeiture of the tax exemption.
18
19 Response: The League supports legislation that would allow the exempt entity to be eligible
20 for the refund, even if the application is submitted after the project has been initiated.
21
22 FF-12. Taxation of Electronic Commerce (GC/JO)
23 Issue: Sales over the Internet and through other electronic means are projected to increase
24 exponentially over the next several years. Electronic transactions pose significant tax-policy
25 challenges because of the difficulty of assigning a location to electronic sales and because many
26 Internet goods are not tangible property.
27
28 Response: Federal tax policy should not place main street businesses at a competitive
�9 disadvantage to electronic retailers, must not jeopardize repayment of bonds backed by
99
COMMITTEE RECOMMENDA TIONS
1 state and local saies tax revenues, and should ensure stability in state and local revenues.
2 To address the challenges created by the growth of electronic commerce, the League
3 supports the multi-state effort to develop a streamlined sales tax system.
4
5 FF-13. Taxation of Electric Generation Personal Property (GC/JO)
6 Issue: Investor-owned utilities (IOUs) have a longstanding relationship with Minnesota cities.
7 IOUs site baseload power plants in host communities, and in exchange pay personal property tax
8 on attached generation machinery to the cities, counties and school districts hosting the plants.
9 These plants bring jobs to our communities, but they also create nuisances such as air pollution,
10 nuclear waste, noise, vibration, and coal train traffic. They also create security risks and take up
11 land that could be used for other, Iess disruptive commercial and industrial development. Cities
12 believe personal property taxes paid by IOUs are a fair compensation for the environmental and
13 economic costs of hosting baseload power plants.
14
15 IOUs argue that personal property tax relief is important to pass along to their shareholders and
16 ratepayers. However, only a few IOU shareholders and ratepayers actually live in the
17 communities hosting baseload power plants. Further, almost all new power plants receive
18 personal property tax exemptions from the Legislature, while host communities with existing,
19 non-exempt baseload plants will continue to have them for decades to come.
20
21 Response: Personal property taxes on attached electric generation machinery are a fair
22 way to spread the environmental and economic costs of baseload power plants among all
23 IOU shareholders and ratepayers. The League supports the continuation of personal
24 property taxes paid by IOUs to host communities. Where an IOU is seeking a personal
25 property tax exemption for a new power plant, the League supports legislation giving the
26 host city the right to negotiate a reasonable siting fee with the IOU proposing to site the
27 plant.
28
ioo
COMIVIITTEE RECOMMENDA TIONS
•1 FF-14. State Restrictions on Local Budgets (GC/JO)
2 Issue: t;..,.,;+..� ..,t,;,.�. o i., i. *t-, r o �t.,,- v �nnz
3 �npiii��v�."' �nn� Durin� the 2008 le�islative session, lew limits
4. were imposed on cities over 2.500 nouulation for three vears. �e-�� Levy limits �e�are�_
5 replace local accountability with a state judginent about the appropriate level of local taxation
6 and local services. D
'riia.auuiiib �iiv
7
g ,ia .,t� ,.,ao �t,� ,a .,i, ,�i..,,,-;�.,_„��i��.�a
3 .E'^
9 �a�s Additionally, state restrictions on local budgets can have a negative effect on a city's
10 bond rating due to the restriction on revenue flexibility.
11
12 Response: City councils are elected to make decisions about local budgets and meeting
13 community needs. It is inappropriate for the Legislature to undermine local decision-
14 making and accountability through the continued imposition of levy limits or proposals
i 5 such as the "taxpayers' bil! of rights." The League supports the principle of representative
16 democracy that allows city councils to formulate local budgets. The League opposes state
17 restrictions on local budgets.
18
19 FF-15. Truth-in-Taxation Process (GC/JO)
20 Issue: Cities must set a preliminary levy by Sept. 15, which is the levv used to comnute the
I I, 21 varcel-snecific truth-in-taxation forms. With onlv a few limited exemvtions (voter-annroved
22 levies, levies for natural disasters and levies for certain tort iud�nentsl. this nreliminarv levv, by
23 law, becomes the maximum that cities can levy the following year. T •�°�r�,
24 As a result, cities e�e�t
25 ��r�r�����-�� ��*����r"•�'����" *'�°T� mav be unable to budget for unforeseen
26 needs that arise after Sept. 15.
27
28 Response:
�g
101
C01V�MITTEE RECOMMENDA TIONS
I
2
3 *'a Cities should have the authority to increase the final levy
4 from the preliminary levy with the anuroval of the commissioner of the Department of
5 Revenue, to meet additionaL unforeseen and uncontrollable needs, includtng �rbitrator
6 awards resultin� from labor ne�otiations. the imnact of new and existing federal or state
7 mandates includin� administrative rules. or other non-discretionarv bud�et factors.
8
9 FF-16. City Fund Balances (GC/JO)
10 Issue: As a component of a prudent financial management plan, cities maintain a fund balance
11 composed of cash flow funds, savings for projects, rainy day reserves to maintain high level
12 bond ratings, and to minimize borrowing costs. Although the size of a city's fund balance should
13 be determ' d
ine throu h local financial nee
ds and local references some cities are bein
g P g
14 criticized for maintaining "excessive" reserves.
15
16 The Office of the State Auditor (OSA} report measures city fund balances on Dec. 31, shortly
17 after the city receives its Iargest sources of revenue from the property fax and state aid
18 distributions. To measure at this time, however, yields a picture of a high fund balance even
19 though the city will spend down these funds to cash flow the next five to six months of its
20 operations.
21
22 Response: The state should respect local decisions on adequacy of local fund balances.
23
24 FF-17. City Revenue Diversification (GC/JO)
25 Issue: Under current state law, the property tax is the only generally accessible form of local tax
26 revenue for cities. r°M-°���--�°�* Lack of adeQUate growth in state aid programs will likely
27 increase city reliance on property t�es in the future. Allowing cities to diversify their revenue
28 stream would prevent rapid rises in property taxes.
29
102
COMMITTEE RECOMMENDA TIONS
Response: Cities should be able to diversify their sources of revenues. State law should be
2 modified to �enerallv authorize �ev� any city to impose a local option sales kax for public
3 capital projects of regional significance with the adoption of a supporting resolution by the
4 city council and approva� of the voters at a general or special election
5 '�he� League oppases legislatian th:at��ould require mandatory_
6 revenue sharing of sales tax revenues with neighboring jurisdictions. In addition, cities
7 should have general authority to create utilities, similar to the storm sewer utility
8 authority, in order to fund local services where benefit or usage of the service can be
9 measured.
10
11 FF-18. City Franchise Authority (GC/30)
12 Issue: Under Minn. Stat. Chapter 216B and Minn. Stat. 300.03, a city may require a public
13 utility furnishing gas or electric utility services or occupying streets, highways or other public
14 property within a municipality to obtain a franchise to operate within the community. In addition,
cable system operators are required to obtain a franchise under Minn. Stat. Chapter 238.
16
17 Under a franchise, the city may require the utility to pay a fee to the municipality to help offset
18 public maintenance costs for the public property and generate a return on a publicly held asset.
19 The fee is intended as a mechanism by which gas or electric utilities with facilities occupying the
20 public streets and highways compensate the city for the use of a valuable public asset and/or for
21 tYie increased maintenance and reconstruction costs associated with having facilities in the right-
22 of-way.
23
24 State law�currently allows the franchise fee to be based upon gross operating revenues or gross
25 earnings of the utility from its operations in the municipality. In this manner, a11 utility users
26 within the municipality contribute to the public costs associated with the utility operation. In the
27 absence of franchise fees, municipal costs resulting from utility operations axe currently being
28 funded through the property tax, which is being paid for by property tax payers.
9
103
C'OMMITTEE RE�'OMMENDA TIONS
1 Response: Municipal authority to collect franchise fee revenues from utilities is an
2 important and equitable mechanism to offset the costs of maintaining public right-of-way
3 and to generate a return on a publicly held asset. Municipal franchise authority must be
4 preserved. In addition, in situations where a local provider decides to sell their operations,
5- the city must have the right of��-s� refusa� to purchase the assets of the-utility.
I 6
7 FF-19. 7 T*;';*� Utilitv Valuation Transition Aid (GC/JO)
8 Issue:
9
10
11
12
13 ,,,.,��on o fi,o �.i� o,.�., F�,o ao,..,a�„
Y_ t,. u�,��rc iii S�i v iv..-.
14
15
1 6
17
I
1 cg �rrv`�ty��`�ot .,1 ..1, �1. o ,+:1; o,-��, i o .1,7 .a,- .,1
19
20
21 t,ot ,.;�;o� o,o,.�_. o ,.�;,,r
iavi�.� vviiif7v
22 In 2007 the Minnesota Denartment of Revenue revised its rules re�ardin� the valuation of
23 electric and natural �as utilitv nronertv. This chanee in the rules resulted in valuation chari�es
24 for utilitv nronertv that drarnaticallv reduced the amount of revenue that local �overnments will
25 collect in nronertv tax from these utilities.
26
27 Reco�nizin� that the communities that host these utilities baxe extraordinarv burdens connected
28 with stress on local infrastructure. nublic safetv, and nublic nuisance due to the nresence of these
2 't'e
9 facili i s in their c Transition Aid
ommunities. the Le�islature created the Utilitv Valuation
104
COMMITT�E RECOMMENDA TIONS
•1 pro�rarn. This proeram comnensates host communities that have lost more than 4% of their net
2 tax capacitv as a result of Denartment of Revenue's rule chan�es.
J
4 Response:
5
6
7
8
9
10
11
12
13 The Lea�ue sunaorts the continuation of the Utilitv Valuation Transition Aid �ro�ram and
14 onposes anv efforts to divert �romised funds awav from host communities for anv purpose
5 includin� balancing of the bud�et should there be a budget deficit. If the Le�islature does
6 determine that is necessarv to re-allocate the funds in the Utilitv Valuation Transition Aid
17 nro�ram for another nurnose, the League suunorts other le�islative efforts that would
18 comaensate the host communities for the economic and environmental costs of hostin�
19 these facilities. These other efforts could include. but are not limited to increasin� the class
20 rate on utilitv proaertv to the extent that it would offset the ne�ative effects of the utilitv
21 valuation rule chan�e.
22
23 FF-20. Payments for Services to Tax-Exempt Property (GC/JO)
24 fssue: Taxable property in many cities is being acquired by nonprofit and government entities.
25 Converting the property to tax-exempt status can lead to serious tax base erosion without any
26 corresponding reduction in the service needs created by the property.
27
28 Response: Cities should have the authority to collect payments from statutorily-exempt
9 property owners to cover costs of service similar to the authority provided under the
�0 s ecial assessment law.
P
105
COMMITTEE RE�'OMMENDA �'IONS
1
2 FF-21.
3
4
5
6
7
8
,.1 ,7 ;,piz 4£ �yall f .7 1�' :,7 t-., .,1 ,a f�
111V1{Al1VJZZ VJt lAllll rl.V1141L1VJ V1I
10
11
12 �t��e�� ���h:c,� �.1uu�.,,.,..,.,a �..,,,.ao., o,.� a a
u
ls
14
IS
16
17 FF-22. Impact Fees (GC/JO)
18 Issue: New development and the resulting growth create an increased demand for public
19 infrastructure and other public facilities. Severe constraints on local fiscal resources and dramatic
20 forecasts for population growth have prompted cities to reconsider ways to pay for the inevitable
21 costs associated with new development.
22
23 Traditional financing methods tend to subsidize new development at the expense of the existing
24 community, discourage sound land-use planning, place inefficient pressures on public facilities,
25 and allow under-utilization of existing infrastructure. Consequently, local communities are
26 exploring methods to ensure new development pays its fair share of the true costs of growth.
27 Given the existing authorization to impose fees on new development for water, sanitary and
28 storm sewer, and park purposes, it is reasonable to extend the concept to additional public
29 infrastructure and facilities improvement also necessitated by new development.
106
COMMITTEE RECOMMENDA TIONS
2 Resp�nse: The Legislature shoutd authorize local units of government to impose impact
3 fees so new development pays its fair share of the off-site, as well as the on-site, costs of
4 public infrastructure and other public facitities needed to adequately serve new
5 d�elo�ment
6
7 FF-23. Equity in Library Funding (GC/JO)
8 Issue: Many community libraries in Minnesota are city-owned. Although located in an
9 individual community, city libraries serve a much wider area. In some Minnesota counties, there
10 are wide disparities between city and rural tax burdens for library services. Furthermore, library
11 services have expanded over the years with the offering of videos and Internet access in many
12 locations, putting more demand on stretched library budgets.
13
14 Response: The League supports equity in availability of quality library services to city and
township residents as long as there is equity in local property tax levies for libraries among
16 participating jurisdictions. If cities where a library is located are responsible for
17 maintenance, upkeep, and capital improvements to the library, those costs must be
18 considered part of the total equity requirement, not in addition to it. In order to continue to
19 provide the expanded services, cities should be relieved af state-mandated maintenance-of-
20 effort funding levels and given the authority to charge user fees for other services without
21 jeopardizing the state aid they do receive. Cities that provide library facilities where
22 library operations are associated with a regional library system should be contractually
23 guaranteed a direct voice in the governance and funding decisions within the library
24 system.
25
26 FF-24. Equitable Funding of Community Education Services (GC/JO)
27 Issue: Under Minn. Stat. 124D.20, school districts are authorized to levy for community
8 education programs that can include youth recreational activities. However, state statute limits
�9 the total amount of revenue that can be raised b the school district to fund communit education
Y Y
107
COMMITTE.E RECOMMENDA TID�S
1 programs and this limit has not been sufficiently increased in recent years. In many instances,
2 cities participate in the iunding of these programs and with the statutory liinit on the amount
3 school districts can levy, the increased cost of these programs is increasingly falling on cities and
4 their property taxpayers. In areas where the school district is significantly larger than the city, the
5: burden of funding these pr�'grams is f�lling disproportionately on city taxpayers while the
6 programs benefit the entire school district.
7
8 Response: The League supports a statutory increase in the community education revenue
9 authorization for school districts. Increasing the amount of the community service revenue
10 available to school districts would provide a steady source of revenue, which would be
11 assessed against all properties in the school district, not just against properties in the city.
12
I3 FF-NEW A. Housin� Imnrovement Areas (JO)
14 Issue: In 1996, cities were �ranted �eneral authoritv to use Housin� Imnrovement Areas (HIAsI
15 in order to finance housin� imbrovements for condominium and townhome comnlexes under
16 Minn. Stat. 428A.11 to 428.21. Several cities have used this tool, and found it to be a useful
17 mechanism for maintainin� older association homes. This �eneral law sunsets June 30. 2009,
18 which means this imnortant fundin� tool will exnire for cities.
19
20 Resvonse: The Housin� Imnrovement Areas statute should be made permanent.
I 21 Additionallv, the Le�islature should consider chan�es to the statutes that would clarifv or
22 add snecificitv to the nrocess for usin� the housing imnrovement area statute.
23
los
COMMITTEE RE�`OMMENDA TIONS
•1 HUlVIAN RESOURCES DATA PR.ACTICES
2 Human Resources
3 HR-l. Personnel Mandates and Limits on Local Control (LK/AF)
4 Issue: Many state laws increase the cost of providing city services to residents by requiring city
S governments to provide certain levels of compensation or benefits to public employees, by
6 specifying certain working conditions, or by limiting city governments' ability ta effectively
7 manage their personnel resources. For instance, existing state laws limit governments' ability to
8 effectively address incompetence or misconduct of city employees by specifying certain
9 procedures ar standards of conduct that cities must follow. Several laws are potentially
10 contradictory and force local governments to choose which one to follow.
11
12 Response: Any new legislation and changes to existing legislation should meet the foilowing
3 goals:
14 Recognize the need for local decision-making authority by local elected officials with
15 regard to the terms and conditions of employment for local government employees (e.g.,
16 allow local elected officials to determine employee compensation and to make employee
17 benefit decisions about domestic partner benefits and coverage of extended family by
18 sick leave policies).
19 Provide funding that pays the full costs of any mandated employment-related
20 expenditures.
21 Avoid and �eliminate expensive and time-consuming duplicative legal protections and
22 processes for public employees (e.g. licensure reauirements for full time and oaid-on-
23 call firefi�hters).
24 Eliminate contradictory existing laws regarding public employment.
25 Eliminate mandates for local government employers that are not imposed upon the
26 state as an employer.
27 Use the collective bargaining process established by state law, rather than legal
�8 mandates, to determine benefits for employees covered by collective bargaining
29 agreements.
109
I
COMMITTEE RECOMMENDA 7'IONS
1
2 HR-2. Firefighter and Ambulance Payroll (LK/AF)
3 Issue: Traditionally, inany volunteer and paid on-call fire departments have issued paychecks
4._ only once or twice per y.�ar_Payroll checks in these types of.departments would be_quite small if r_._-
5 issued biweekly or even monthly so employees prefer to receive larger checks once or twice per
6 year. Issuing checks less often saves time and money for administrative staff who prepare the
7 payrolls. However, Minn. Stat. 181.101 specifies that wages must be paid at least once every 31
8 days, regardless of whether the employee requests to be paid at longer intervals.
9
10 Response: Minn. Stat. 181.101 should be amended to exempt volunteers and paid on-cail
11 employees of fire and ambulance services from the requirement to be paid every 31 days.
12
13 HR-3. Pay Equity (LKIAF)
14 Issue: State law requires all public jurisdictions, such as cities, counties, and school districts, to
15 eliminate any sex-based wage inequities in compensation. These entities are required to file
16 reports with the state Department of Employee Relations (DOER) to ensure compliance with the
17 law. The 2003 Legislature adopted a two-year reporting moratorium and extended the pay equity
18 reporting cycle from three to five years beginning in 2005 in order to provide some relief from
19 this reporting mandate. However, the Legislature enacted a new law in 2005 that reverts to the
20 previous three-year pay equity reporting cycle.
21
22 Response: The League supports the purpose behind the Local Government Pay Equity Act.
23 We also support efforts to minimize the reporting burden associated with this law,
24 including: a defuution of "nublic emalovee" that fits with the wav that cities utilize seasonal
25 and temnorarv-workers, a longer reporting cycle a�-continued improvements to the
26 electronic reporting of pay equity data, and continuin� imnrovements to the urocess bv
27 which cities receive notification of renorting reauirements and comnliance issues.
28
110
COMMITTEE REC`OMMENDA TIONS
1 HR-4. Public Employment Labor Relations Act (PELRA) (LK/AF)
2 Issue: The League supports the purpose of the Public Emplo}nnent Labor Relations Act
3 (PELRA) to balance the rights and interests of public employees, public employers, and the
.4,.,. �.g��eral �ublic. However, certain chan,ges are necessary to assist public employers in
5 implementing this law. For exainple, current definitions of "public employee" are confusing and
6 difficult to manage. In addition, the arbitration process has produced decisions that are contrary
7 to the interests of the public, and the legal standard for overturning arbitration decisions is very
8 difficult to meet.
9
10 Response: Minn. Stat. 179A should be modified to:
11 Change the defin�tion of "public employee" under PELRA by removing the existing 14-
12 hour/67-day requirement and replace it with a definition in which employees must work
13 more than an annual avera e of 20 hours er week.
g P
14 Exclude temporary or seasonal employees from the PELRA definition of public
5 employee in Minn. Stat. 179A.
16 Provide different outions for accessing arbitrators and utilizin� the arbitration t�rocess
17 in order to "address ineauities" between union and mana�ement renresentatives.
18 Allow public employers to bypass mandatory arbitration required under PELRA and
19 directly access the district court system in situations where an employee is being
20 terminated for gross misconduct (sexual harassment, sexual abuse, theft or a felony
21 conviction) that is related to the employee's position with the public employer.
22
23 HR-5. Payment of Arbitration Fees (LK/AF)
24 Issue: Like other employers, cities must sometimes make difficult employment decisions and
25 uphold certain principles in order to best serve the public. In a union environment, grievance
26 arbitration is generally used as a"last-resort" remedy when a difficult employment decision must
27 be made or to uphold an important principle. Union officials have introduced legislation for the
28 past several years that would require a city or the union to pay arbitration fees if a reasonable
�9 settlement is offered and refused in a grievance situation, and the arbitrator ultimately decides on
lil
COMMITTEE RECOMMENDA TIONS
1 a less favorable remedy. The legislation proposed by the unions could have the impact of
2 discouraging cities from using the grievance arbitration process in a manner that best serves the
3 public good.
4
5 Response: The League opposes leg�slation that would undermine the grievance arbitration
6 process and discourage cities from using the process in the manner intended. Specifically,
7 the League opposes any legislation that proposes payment of grievance arbitration fees
8 when a settlement is offered and declined.
9
10 HR-6. Essential Employees (LK/AF)
11 Issue: Cities must balance the health, welfare, and safety of the public with the costs to
12 taxpayers. Essential employee status removes the right to strike, but gives the right to mandatory
13 binding arbitration. This status can result in arbitration awards that exceed the city's budget or
14 conflict with the city's compensation policy. In recent years, a number of employee groups have
15 sought and often received essential status.
16
17 Response: The Legislature should carefully examine requests from interest groups seeking
18 essential employee status under Minn. Stat. 179A (PELRA). The League opposes legislation
19 that mandates arbitration that increases costs and removes local decision-making
20 authority.
21
22 HR-7. Re-employment Benefits (LK/AF)
23 Issue: Cities employ many student workers and others in seasonal-, parks-, and recreation-
24 related positions. In the past, such workers generally have not filed for unemployment benefits
25 because there has not been an expectation of continued employment. In recent years, cities have
26 experienced an increase in the number of such workers applying for unemployment benefits.
27 This increases costs to cities and taxpayers in a way that may not have been originally intended.
28
112
COMMITTEE RECOMMENDA TIONS
.1 Response: Pubtic sector temporary or seasonal employees should not be eligible for re-
2 employment benefits.
3
4 HR-8. Pension Benefits (LK/AF)
5 Issue: Pension benefit plans have years of service requirements and limitations and exclusions
6 that act to ensure that the fund's administrators have the ability to predict, contain, and control
7 costs. This protects the fund's ability to pay future benefits to its participants. Legislative
8 exceptions to these exclusions and limitations can undermine this ability. Cities should have the
9 ability to weigh-in on these decisions through city council approval.
10
11 Response: The League opposes special legislation for individual employee pension benefit
12 ancreases unless they are initiated and approved by the city council of the impacted city.
13
14 HR-9. Public Employees Retirement Association (PERA) (LK/AF)
15 Issue: PERA identified a significant long-term funding deficiency in its Coordinated Plan and
16 the Police and Fire Plan that was the result of changing demographic patterns and plan
17 experience. In 2001, the Legislature adopted modest employer and employee contribution rate
18 increases and plan modifications to address the coordinated plan deficiency. In 2405, the
19 Legislature enacted significant, phased-in contribution increases for the Coordinated and Police
20 and Fire plans that generally share the burden between the employee and employer. However,
21 the scheduled Coordinated Plan contributions also include two additional years of contribution
22 increases for employers if the fund deficiency is not addressed by the first three years of
23 contribution increases, In order to moderate these additional Coordinated Plan employer
24 contribution increases, benefits may need to be modified, especially where the plan differs
25 greatly from that of most other states by providing substantially higher benefits.
26
27 Response: The League supports requiring employees to share equally with cities in the cost
28 of these increases or providing state assistance to local governments to cover any additional
�9 contribution burden that is placed on cities over and above the contribution increases
113
COMMITTEE RE�`OMMENDA TIONS
1 required by emplayees. Cities must be given sufficient notice of these increases so that they
2 may take them into account for budgeting purposes.
3
4 'Y'he League encourages the Legislature to consider the following plan modifications that
5 will help align PERA-contributions and costs, and reduce the need`for additional
6 contribution increases:
7 The League believes the legislative intent of "in-line of duty" disability retirement
8 benefits for police officers and firefighters was to provide special protection for poiice
9 officers and firefighters when they are performing the type of duties that are uniquely
10 required for their jobs. The League supports the statutory changes made to Minn. Stat.
11 353.01 in 2007 that separate injuries resulting from "hazardous duties" from injuries
12
resultin from non hazardous duties for ur oses of olice and fire disabili
g
P P P tY
13 retirement benefits. The League will monitor the effects of the 2007 changes as they are
14 implemented.
15 The PERA eligibility guidelines must be modified to take into account temporary,
16 seasonal, unique part-time, and student employment situations in cities—particularly in
17 recreational operations. The plan should be modified to use pro-rated service credit,
18 which would make PERA consistent with the other major Minnesota pension plans.
19 The Lea�ue sunnorts a comnrehensive review of exclusions with an eve toward
20 simnlifvin� current eli�ibilitv �uidelines. Such a review should also include a possible
21 revision of current nenalties for emnlovers that fail to renort covered emnlovees to
I 22 ensure that these penalties are not overlv harsh and punitive.
23 The League oppases the expansion of the PERA corrections plan to include dispatchers
24 due to the substantial differences between the dis atchers and the other ositions
P P
25 covered by this plan.
26 The League supports the transfer of all school district employees out of the PERA
27 Coordinated Plan and into another fund that is more appropriate for school district
28 employees.
29 The League supports an increase in the number of years required for vesting in the
30 PERA Coordinated and PERA Police and Fire plans to help reduce the need for
31 additional employer and employee contribution increases.
114
COMMITTEE IZECOM�VIENDA TIONS
2 HR-10. Pension Post Fund Deficit (LK/GC/AF)
3 Issue:
5
5
6
o,,-.,;,,�., +t,.,� or, �„�.....o,,, r�.v
8
9
10
11
12
13
14
.t.�.,o r, �o��
16
17
18
19
20
21
22
„t c o„�, ,ta t.o i;oa .,tt o*; ,��rai
23 .:t,t,..�...
24 0��....a„�
25 To address the shortfall in the Post Fund, the 2008 Le�islature enacted changes to the annual
26 benefit adiustments to retirees and established a failsafe mer�er pronosal that will dissolve the
27 Post Fund and return the assets and liabilities of retirees to the resvective active funds if the
28 fundins level of the Post Fund declines to 80 nercent in anv one vear or 85 nercent for two
�9 consecutive vears. If the Post Fund is dissolved. retiree benefit adiustments will be limited to 2.5
30 nercent per vear.
115
COMMITTEE RECOMMENDA TIONS
I
2 Response: The League supports the provisions in the
3 L T�;�� °�+•��-r��` e..�* 2008 omnibus pension bill that will modifv
4 �e benefit increases for retirees. The Lea�ue will onnose anv future initiatives to
5 further expand retiree beneft increases until the �ost Fund achieves at least 105 cornpasite-4--
6 funded ratio.
7
8 The League will carefully monitor the imnact of the failsafe merger
9 on employers and active
10 employees. The League supports an ongoing reevaluation of the Post Fund status and
11 further corrective action, including, but not limited to, a further tightening of the annual
12 benefit adjustment. If the Post Fund is dissolved, the League will onnose anv retiree
13 benefit increases or assaciated emnlovee and emnlover cont�-ibution increases that would
14 increase retiree benefits bevond the 2.5 percent annual adiustment included in current law.
15
16 HR-11. Volunteer Firefi hter Pension Benefits GC/AF
g
17 Issue: Cities throughout the state have established individual pension plans with different levels
18 of pension benefits for their volunteer firefighter relief association members. The efficiency of
19 this system has been questioned by various members of the Legislature and by state agencies
20 from time to time. �e
21 °°�r�'� The 2008 Le�islature created an advisorv board to recommend the structure
22 and administration of a voluntarv statewide volunteer firefishter retirement nlan. The nlan must
23 be nresented to the Le�islature durin� the 2009 session.
24
25 Response:
26 The League �se supports a centralized, statewide
27 volunteer firefighter pension plan if: a} the plan is offered on a voluntary, not mandatory,
28 basis; and b) the plan is offered in a manner that takes into account the different financial
29 capacities and needs of a wide variety of cities.
30
116
CC�MMITTEE RE�OMMENDA TIONS
•1 HR-12. Retirement Work Incentives (LK/AF)
2 Issue: Deinographic experts warn that as the Baby Boomers retire, employers will begin to
3 experience a��-� si�nificant labor shortage and lose the substantial exnertise and
4 knowled�e of a fullv-tr��ned ��rl�foree. -In addition, retirees a�e living-longer; �re healthier, and
5 able to work longer. Therefore, one solution to the coming labor shortage is to provide some
6 incentives for retirees to continue working after retirement or to postpone full retirement with a
7 "phased-in" approach that would allow "knowled�e transfer" to take nlace between the retiree
8 and less-exnerienced renlacement staf£
9
10 Response: The League supports changes to Minnesota statutes (if actuarially neutral for
11 PERA pension plans) that would allow:
12 A"phased-in" approach to retirement so that employees could reduce work hours in
13 the final years before retirement without harming their retirement or other benefits.
14 Either an increase in the amount of money that retirees could earn with a PERA public
�5 employer before it affected their retirement benefit (indexed for inflation), or a limit on
16 the number of hours that retirees could work for a PERA public employer before it
17 affected their retirement benefit.
18 A retiree to be re-employed by a public employer for a limited time period without
19 penalty, and that would allow, at the expiration of the time period, a retiree to
i 20 contribute toward PERA and earn a"new" pension with the public employer.
21
22 HR-13. State Paid Police and Fire Medical Insurance (LK/AF)
23 Issue: Minn: Stat. 299A.465 requires public employers to continue health insurance benefits for
24 firefighters and peace officers injured in the line of duty. r° �r,• nno�
25
26
27 ,�The
�8 law originally contained a provision requiring the Department of Public Safety {DPS) to
9 reimburse employers for the full amount of administering this benefit.
117
COMMITTEE RECOMMENDA TIONS
1
2
3
4 a'� Before 2008, �4many of the claims approved
aba vi iiv vvairii
5-� under Minn. Stat: 299A:465-w�re-for i�njuries sustai�ed-�-i�ee engaging irr ilon-hazaxdous; or��he-�-�
6 job activities such as fitness training or office duties. The number of eligible claimants ��c-�
7
8
9 combined with rising health insurance costs
10 began to strain the fiznd. By 2002, the fund created to provide this benefit became deficient.
11
12 Instead of increasing the fund, the 2003 Legislature amended the law to pro-rate reimbursements
13 to cities based on the amount available and the number of eligible applicants. The 2003 law
14 change triggered a significant and unanticipated cost to cities. Even if the health insurance
15 benefit was discontinued entirely, the costs for existing recipients will substantially increase well
16 into the future due to the grawing cost of health insurance.
17
18 The 2005 Legislature attempted to mitigate the impact of this law on employers by providing
19 additional reimbursement funds and creating a stakeholder panel to determine eligibilifiy for
20 benefits under Minn. Stat. 299A.465. However, the Legislature preserved the language that
21 reimburses employers on a pro rata basis, and the law continued to exist without the definitions
22 necessary to narrow eligibility for the benefit and meet the intent of the law. The panel, which
23 set�e expired on July l, 2008, did not succeed in narrowing eligibility for the continued health
24 insurance benefit, in part because the few claims denied by the panel were overturned by the
25 courts.
26
27 In 2007, the Legislature attempted to limit eligibility for PERA-P&F line-of-duty disability
28 benefits by defining "duty disability" as an injury sustained while performing activities that
29 present "inherent dangers specific to these professions." This means public safety employees
30 injured while performing duties that do not present inherent dangers would be ineligible for line-
3 l of-duty disability benefits. Due to the correlation that has been established between the PERA-
118
COMMITTEE REC0IV�MENDA TIONS
•I P&F line-of-duty disability benefits and the continued health insurance benefit under Minn. Stat.
2 299A.465, earlv indications are that this change is e���e resultin in a decline in eligibility
3 for continued health insurance.
4
5---Response: The League supports the following legislativE-actions-to-addxess the funding
6 deficiency in this program:
7 The state must fully fund programs that pay for health insurance for police and �re
8 employees injured or killed in the line of duty as originally required under Minn. Stat.
9 299A.465.
10 Cumulative injuries that occur over time in the job should not qualify a police officer or
11 firefighter for benefits under Minn. Stat. 299A.4b5 since these types of cumulative
12 injuries are not unique to the dangers of police officer and firefighter duties.
13 The Legislature musf clarify that the amount of an employer's contribution_under
14 Minn. Stat. 299A.465 is no greater than fhat given to active employees in the same job
5 class.
�6
17
18 The Legislature must a�se establish the minimum criteria used to
19 determine ability to work, and set a percentage threshold of disability for eligibility into
20 this program. At a minimum, the Legislature must identify that a workers'
21 compensation determination as to whether the injury is work-related is necessary in
22 order to receive the benefits under Minn. Stat. 299A.465.
23 Employees who receive a police/fire disability retirement benefit and accept another job
24 that offers them group health benefits should be required to pay for their group health
25 benefits with the city should they decide to continue them. The Legislature must amend
26 Minn. Stat. 299A.465 to reflect that employees are required to inform the city when
27 they become eligible for coverage under another group plan and that failure to do so is
28 grounds for termination from the benefits granted under Minn. Stat. 299A.465.
29
31
119
C01V.fM�TTEE RECOMMENDA TIONS
1 HR-14. Health Care Insurance Programs (LK/AF)
2 Issue: Cities, like other employers in the state, are struggling with the rising costs of health care
3 insurance for their employees. In addition, cities must cope with unfunded mandates imposed on
4 thern by the LegisJature such as the requirem�nt to poo� early retirees with active employees_�nd
5 the requirement to bargain over changes in the "aggegate value" of benefits, even when the
6 city's contribution has not changed.
7
8 Response: The League supparts legislative efforts to control health insurance costs while
9 maintaining quality health care services. However, cities have differing local needs and
10 circumstances and must retain the flexibility to provide unique and creative solutions to the
11 rising costs of health care insuranee for their employees. The League:
12 Opposes legislative action that undermines local flexibility to manage rising health care
13 costs.
14 Supports group programs designed to provide post-retirement health insurance
15 benefits or health insurance plan benefits for public employees if participation by cities
16 is strictly voluntary.
17 Encourages the Legislature to carefully examine any new, mandated insurance-related
1$ benefit before imposing it upon city employers to make sure it does not contribute to
19 the rising cost of providing health insurance.
20 Supports changes to 1VIinn. Stat. 471.6161, subd. 5, that would clarify the intent of the
21 subdivision is to address changes in cost vs. changes in value. For example: (1) a change
22 in provider networks does not constitute a change in the "aggregate value of benefits;"
23 (2) a change in benefit levels required by an incumbent insurance carrier does not
24 constitute a change in "aggregate value."
25 Supports changes to Minn. Stat. 471.61 that would allow cities to pool all retirees (those
26 under or over age 65) separately from active employees to help cities avoid the liabilities
27 associated with the new Government Accounting Standards Board (GASB)
28 requirements on "implicit subsidy."
120
COMMITTEE RECOMMENDA TIONS
2 rr a
i r vJ a
3
4
5 un c n„�,,,....,,a r-�: ;;.,���;,.r r,,.,+,.;�,,,�;�.,r rr Tr /n �irr��
6
7
8
9
10
11
12 io„ r_tr,_�� nn, r 4
13
4
�5
16
17
18
19
20 HR-16. Workers' Compensation (LK/AF)
21 Issue: Rising medical costs are an increasingly serious problem for all employers and insurers,
22 and now represent over half of all loss costs within the workers' compensation system. Medical
23 costs will be a major driver of future workers' compensation premium increases. In addition,
24 virtually every year legislators introduce proposals to expand the heart, lung and infectious
25 disease presumptions for public safety workers, or to make the presumptions more conclusive
26 and difficult to rebut. These types of benefit expansions further increase municipal workers'
27 compensation costs.
121
C011�MITTEE RECOMMENDA TIONS
1 In the last several years, the Workers' Compensation Advisory Council (WCAC)—a joint labor-
2 management committee whose purpose is to review proposals for benefit chaizges or other
3 amendments to the workers' compensation system—has been discussing ideas to address
4 escalating medical costs. While the WCAC system has worked well for many years to help
5 stabi�ize and de=politieize workers' compensation issues rnore recently this grot�p h�s had
6 difficulty reaching agreement on more controversial issues. However, in 2007 the WCAC
7 recommended legislation that would have helped contain medical costs in the workers'
8 compensation system by adjusting some payments to hospitals to offset greater benefits for
9 workers.
10
11 Response: Legislative action is necessary to address increasing workers' compensation
12 costs, particularly rising medical costs. The League supports use of the WCAC system to
13 consider proposals for changes to the workers' compensation law, and urges the WCAC
14 and the Legislature to approve medical cost containment reforms.
15
16 The League opposes expansion of workers' compensation and related health insurance
17 benefits because of the potential for dramatically increasing costs to cities. Specifically, the
18 League opposes expansion of the heart, lung and infectious disease presumptions as well as
19 any expansion of the law that would reauire uavment of health insurance nremiums or that
20 would include mental injuries that have no physical cause or manifestatian.
21
22 HR-17. Breathalyzers (LK/AF)
23 Issue: Currently, breathalyzer use is permitted for alcohol testing under federal commercial
24 drivers' laws. Minnesota law does not clearly allow for the use of breathalyzers in testing.
25
26 Response: Minn. Stat. 181.950 through Minn. Stat. 181.957 should be amended to permit
27 the use of breathalyzers as an acceptable technology for determining alcohol use.
28
122
COMMITTEE RECOM�VIENDATIONS
�1 HR-18. Veterans' Preference (LK/AF)
2 Issue: The League recognizes the irnportant contributions veterans have made and agrees with
3 the intent of legislation that gives veterans certain preferences in employment. However, since
4-the veterans' prefe�-ence law-was-initially passed, t�e numb�r of employment protections �as--�
5 greatly increased. This includes a federal law that specifically protects veterans from
6 employment discrimination.
7
8 Response: The League supports the Legislature undertaking a study of Minnesota's
9 veterans' preference law to determine its effectiveness and efficiency in light of today's
10 employment laws, statutes, and regulations, and to consider possible modifications to
11 current laws.
12
13 HR-19. Drug and Alcohol Rehabilitation (LK/AF)
�4 Issue: Under Minn. Stat. 181.953, subd. 10(b), an employer cannot terminate an employee for a
15 positive controlled-substance test without first providing the employee a chance for rehabilitation
16 and treatment. Recently, some cities have been advised this law applies to "probationary"
17 employees, as well as to regular employees.
18
19 Response: The League supports a legislative change to clarify that the state law on drug
20 and alcohol rehabilitation and treatment does not apply to probationary employees.
21
22 Data Practices
23
24 DP-1. Data Practices and Open Meeting Law Compliance Issues (AH)
25 Issue: The 2006 Legislature limited the amount cities are authorized to charge for copies of
26 police reports to 25-cents per page, which does not cover the city cost for copying, while
27 exempting state government from this restriction—thereby permitting the Department of Public
123
COMMITTEE RECOMMENDA TIONS
1 Safety to continue to charge $5 uvziu„�* �°r�-* ���••�a for anv reports issued bv the
2 Denartment of Public Safetv, includin� renorts issued by the state patrol.
3
4 In �8-� 2008. the Le�islature increased the statutorv limits on
5 exemplary �ges dama�e awards for Government Data Practices Act lGDPA� violations and
6 also increased the limits on the maximum civil penalties courts may impose to compel
7 compliance with the act. These adiustinents were deemed bv the
8 Le�islature to be necessarv due to the fact that the existin� limits had not been adiusted for manv
9 vears.
10
11 mm�i�iii� E�n#� nr 1 1�•
r-^-____.,
12
13 Response: The Legislature should allow cities to charge the same amount for copies of
14 reports issued by local police and fire as charged bv the Department of Public Safety
15
16 i
17 Ei�es The Lea�ue onnoses further increases in the maximum exemplary
18 damages that courts may impose against government entities found to have violated the
19 GPDA• »x�l��� �hnr ,.i ;a,. „f. ;n�,� i• r;.-;,.�
i S V V1111.111M v{+ �7Q
20 further increases in the maximum civil penalty that may be imposed
21 when a court order is issued to compel a government entity to comply with the
22 GDPA; anv
23 statutorv change that would make it a mandatorv civil nenaltv to comnel comnliance
24 under the GDPA: or anv statutorv chan�e that would expand the award of attornev's fees
25 to unintentional violations of the open meetin� law.
124
�'OMMITT�E RECOMIV��NDA TIONS
2 �'ederal Employment Law
3 �'ED-1. FLSAJOvertime Compensation (LKIAF)
4 Issue: The final changes to the Fair Labor Standards Act (FLSA) in the area of defining
5 "exempt" and "non-exempt" are more likely to expand the number of public sector employees
6 who are eligible for overtime rather than to limit the number.
7
8 Response: The League opposes any changes to the state's overtime laws that would further
9 broaden the number of public sector employees eligible for overtime. If the state changes
10 Minnesota's overtime law, then consideration should be given to better aligning state law
11 with the federal law. Providing consistency in state and federal law woul_d rr�inimize._the
12 administrative burden on cities and avoid confusion for employees.
14 FED-2. Consolidated Omnibus Budget Reconciliation Act (COBRA) (LK)
15 Issue: The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) law, which
16 requires employers to offer continued health and dental insurance group benefits after an
17 employee terminates, has been interpreted to apply to Employee Assistance Programs (EAPs),
18 health funding mechanisms such as Health Reimbursement Arrangements (HRA)/Voluntary
19 Employee Benefit Accounts (VEBAs), and flexible benefits. The application of COBRA benefits
20 to these programs results in unlikely and impractical outcomes.
21
22 Response: Congress should clarify the intended benefits to which COBRA law should
23 apply, excluding programs such as EAPs, HRA/VEBAs, and flexible benefits.
24
25 FED-3. Medicare/Medicaid Premium Disbursements (LKIAF)
�6 Issue: Minnesota continues to be a net loser in federal Medicare and Medicaid premium
27 disbursernents.
125
COMMITTE� RECOMM�NDA TIONS
1
2 Response: Congress must recognize this disparity and provide Minnesota with a more
3 balanced and representative share of the costs of providing health care under Medicaid
4 and Medicare.
5
6 FED-4. Flexible Spending Accounts (LK/ER)
7 Issue: Health care costs are rising dramatically and employees need financial relief. Flexible
8 spending accounts provide some relief, but the current "use it or lose it" provision for medical
9 spending discourages employees from participating in this program.
10
I 1 Res onse: The Lea ue su
p orts le islation that would allow em lo ees to roll unused funds
g PP g Y
P
12
over to the next lan
p year, or into a tax-qualified retirement plan, or a 457 plan.
13
14 FED-5. Reserve Income Replacement Program (RIRP) (LK)
15 Issue: Since the Sept. 11, 2Q01, terrorist attacks, the federal government has relied heavily on
16 state National Guard and other military reserve forces to fight the war on terrorism. A number of
17 these citizen-soldiers have experienced a loss of income while serving on active duty, which has
18 caused financial hardship for some of these members and their families.
19
20 Congress recently enacted the Reserve Income Replacement Program (RIRP) to provide monthly
21 income differential payments to National Guard and military reserve members who are
22 involuntarily serving on active duty. These payments are intended to bridge the gap between the
I
23 average monthly civilian earned income of the member before mobilization and the member's
24 total monthly military compensation while involuntarily mobilized. This program is of benefit to
25 cities because it reduces the financial stress placed on city employees called up to serve and
26 minimizes the distraction frorn their duties before leaving and upon return to the job. The RIRP
27 program expires in December 2008.
28
i
126
I
COMIV�ITT�E REC01'V�I�IENDA T�ONS
.1 Res�onse: It is the federal government's responsibility to minimize the financial hardship
2 placed on state National Guard and military reserve members who are ordered to federal
3 active service. The League urges Congress to extend the RIRP program beyond 2008.
4
5 FED-6:- IRS- Regulations on Death Sene�ts (�I�} _.v..
6 Issue: Current IRS regulations do not allow any type of death benefit to be included iiz a post-
7 einployment health savings plan and other tax-free funding vehicles. If the employee who owns
8 the savings plan account dies, he or she cannot leave the remaining funds to a designated
9 beneficiary (unless the beneficiary is a spouse or dependent child}. If the employee does not have
10 a use or de e dent c� nds are t icall redistributed amon lan artici ants. A
spo p n hild, the fu yp y g p p p
11 death benefit provision is an attractive feature for many employee groups.
12
13 Response: IRS regulations should be changed to allow post employment health savings
14 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
16 children.
17
18 FED-7. Federal Public Safety Collective Bargaining Bill (LK)
19 Issue: Congress is considering a bill that would require all states to establish collective
20 bargaining procedures for all public safety employees. The bill directs the Federal Labor
21 Relations Authority (FLRA) to determine, state by state, whether it meets the bill's requirements
22 with regard to collective bargaining rights for public safety employees. While it appears
23 Minnesota is likely to pass the tests set out by the bill, federal public sector lobbyists have
24 expressed serious concern that the bill is very much open to interpretation. In addition, the bill
25 directs the FLRA to "consider and give weight, to the maximum extent practicable, to the
26 opinion of affected employee organizations.
27
127
COM1VfITTEE RE�'OMMENDA TIO�S
1 Response: The League opposes the federal collective bargaining bill for public sector
2 employees. Public sector collective bargaining should be left to the determination of each
3 state.
4
5 HR-NEV`J A. Part-Time Peace Officer Licenses (AF/LK)
6 Issue: Part-time licensed neace officers nrovide critical services to communities. However,
7 Minn. Stat. 626.8468 restricts the number of nart-time licensed neace officers that a law
8 enforcement a�encv mav emnlov. The statute cans the allowable number at the level the a�encv
9 emblaved durin� the veaxs 1996 throu�h 1998. For manv cities. this can is zero.
10
11 Some stakeholders believe nart-time officer nositions comnromise nrofessional standards within
12 the law enforcement communitv and increase notential liabilitv for the cities that use them. This
13 belief has resulted in efforts to nreserve the can on nart-time licenses or eliminate nart-time
14 licensure entirelv.
15
16 Cities are anticinatin� maior challen�es as the workforce a�es. In addition. manv �reater
17 Minnesota cities are exneriencin� nonulation decreases. These factors have made it difficult for
18 some cities to recruit and retain neace officers. Hirin� nart-time officers is one strate�v that cities
19 can use to heln meet the staffin� needs reauired to brovide hi�h aualitv nublic safetv services.
20
21 Resnonse: The LeaQUe of Minnesota Cities believes individual cities are in the best nosition to
22 make nublic safetv staffin� decisions for communities and onnoses efforts to eliminate nart-time
23 officer licenses. However. the Leaeue is also sensitive to concerns about liabilitv issues and
24 maintainin� hi�h standards for nolice officer licensure. The Lea�ue sunnorts a studv of the issue
25 of nart-time licenses with the aun of maintainin� the viabilitv of a aualitv nolice force for all
26 Minnesota cities.
27
128
COMMITTEE RECOMMENDA TIONS
•1 HR-NEW B. Back�round Checks (AF/LK)
2 Issue: Manv Minnesota cities onerate under a lon�standin� nractice of nerformin� back�round
3 checks for emnlovment uurooses bv accessin� the comvuterized criminal iustice svstem
4 marntained 1�v the Bureau of Criminal Au�rehension BCAI throu�h the citv's-loea�
5 department. The BCA's nosition. in the past. has been that such access was avvropriate if the
6 citv adonted an ordinance allowin� the citv to access the svstem. In the nast vear, the BCA has
7 be�un to audit local nolice devartments and in some cases has nrohibited further use of the
8 svstem for emnlovment back�round check nurooses. In manv cases, the BCA has indicated that
9 the citv does not have the annronriate ordinance and internal controls in nlace to allow such
10 access in a le�allv comnliant manner.
11
12 While cities can access emvlovment back�round information throu�h the BCA directiv, it is
13 more time consumin� and costiv to do so.
4
5 Usin� local nolice de�artment access to the data base maintained b� BCA to conduct
16 emplovment backQround checks is an effective use of local resources. It is one strate�v that
17 cities can use to heln keen costs down and nrovide aualitv services.
18
19 Resvonse: Cities are canable of and should be allowed to continue the use of the BCA data
20 base svstem at no char�e for the �urAOSe of conductin� emnlovment back�round checks.
21 The Lea�ue of Minnesota Cities ur�es the BCA to adout a model ordinance and establish
22 recommended �uidelines and trainin¢ for cities that wish to continue to use local volice
23 departments for emAlovment back�round checks.
24
25 DP-NEW A. Preliminarv Bud�et Documents (AH/LK)
26 Issue: In these challen�in� bud�et times. cities are encoura�ed to en�a�e in creative �roblem
27 solvin� and nropose innovative solutions to address bud�et problems. Currentiv, nreliminarv
8 bud�etarv docuxnents nroduced bv cities are nublic information. This results is a chillin� effect
9 on innovation and creativitv. Unlike local �overnments. the state is not reauired to disclose its
129
COMMITTEE RECOMMENDA TIO�S
1 preliminarv bud�et data. Minn. Stat. S 13.605. subd. 2, nrovides that le�islative and bud�et
2 proposals includin� nreIiminarv drafts are nrotected nonnublic data and do not become nublic
3 data until presented to the Le�islature.
4
5- Resvonse: The Governme�rt Act (GDPAI shoulei be-ame�ded-to-make
6 bud�et pronosals. including nreliminarv drafts. that are created, collected, or maintained
7 bv the citv's administration nrotected nonnublic data. After the bud�et is aresented to the
8 citv council, the sunnortin� data, includin� department reauests, are nublic data.
9 Sunnortin� data should not include preliminarv drafts.
10
130
I
COMMITTEE RECOMMENDA TIONS
�1 ELECTRIC RESTRUCTURING
2 Cities have a strong interest in the public policy debate about electric restructuring or
3 deregulation. Minnesota already enjoys some of the lowest average electric rates in the nation.
4 The case has yet to be made that deregulation will result in either lower rates or iinproved service
5 for consumers.
6
7 Electric Restructuring
8 Issue: For many decades, electric service to Minnesota citizens has been delivered through a
9 combination of investor-owned utilities (IOUs), municipal utilities, and rural electric
10 cooperatives. This system has served Minnesota well, delivering reliable, universal service at
11 rates among the lowest in the country.
12
13 In recent years, many have begun to promote "deregulation" or "restructuring" of the industry,
�4 meaning that electric service would no longer be a franchised monopoly. A number of states,
15 primarily those with high electric rates, have taken steps to move toward such restructunng. In
16 most of these cases, transmission and distribution remain regulated, with retail competition
17 allowed for generation source.
18
I9 Advocates of restructuring argue that such competition will lead to lower rates. However,
20 estimates by the federal Energy Information Agency are that while the upper Midwest, including
21 Minnesota, will experience slightly lower rates in the short-term, longer-tenn rates may actually
22 be higher under restructuring. Concerns have also been expressed as to whether residential
23 customers, and those in rural and other harder-to-serve areas, will actually experience decreased
24 reliability and increased rates.
25
26 Local elected officials have the primary responsibility to the citizens of their cities to make
27 certain restructuring that allows retail �ompetition is as beneficial to the citizens as it is to the
28 industry. Beneficial to the citizen means that all Minnesotans experience the same reliable, high-
�9 quality, universal, and low-cost service they experience under the current system of electric
30 power delivery.
131
C011�MITTEE RECOMMENDA �'IONS
1
2 City residents have a strong interest in the outcome of this important public policy debate. Cities
3 are substantial consuiners of electric power. Many cities have a significant portion of their
4 property tax base in electric industry property, while others collect franchise fees and/or sales
5-- taxes on electric purchases wit�ir� t�eir boundaries. Citizens in 126 Minnesota eornmunities
6 currently receive economical electric service from municipal utilities, which make payments-in-
7 lieu of faxes to help support city services. Significant increases in the cost of electric power for
8 city operations or losses of these traditional sources of revenue will result in property tax
9 increases.
10
11 Response: The federal government should not mandate restructuring; the decision should
12 be left to the states.
13
14 The Legislature should continue to follow a slow, deliberative approach, taking time to
15 consider how alternative models for delivering electric power will affect the state's
16 traditional benefits of reliable, universal, high-quality and low-cost service. The public
17 policy discussion should be focused on actual benefits to citizens, rather than on ideological
18 arguments, stakeholder interests, and over-reliance on simplistic objectives like "consumer
19 choice." Those advocating a change should bear the burden of proof to demonstrate that
20 restructuring and deregulation will, at a minimum, maintain Minnesota's high-quality,
21 low-cost, and reliable service. Only when that burden of proof has been met should
22 a occur.
23
24 The following public policy goals should be incorporated into any legislation restructuring
25 the electric industry:
26
27 Adequate supply and demand. The state's current generation and transmission capacity is
28 inadequate to meet projected future needs. No new significant capacity has been built since
29 the 1980s (Sherco 3). In the past, regulatory and other governmental policies served as a
30 disincentive to meet customer demand. The Minnesota Energy Security and Reliability Act
31 enacted by the 2001 Legislature took significant steps to reduce these disincentives. The
132
C01VINdITTEE RECOMMENDA TIONS
•1 experience of other states would strongly suggest that deregulation prior to the
2 development and maintenance of adequate reserve capacity can lead to price spikes and
3 compromise service reliability. The state should continue to review and amend these
4 policies as necessary to encourage further development and maintenance of adequate
5_____- capacity �nd reliability.
6
7 Consumer protectiorr. Consumer interests must continue to be protected, especially for the
8 most wlnerable populations. Reliable service must be universally available and pro-grams
9 such as cold-weather shut-off rules should be continued either as requirements for all
10 market participants or as separate state programs.
ll
12 Environmental concerns. The environment must be adequately protected, with conservation
13 and renewable energy efforts maintained. The federal government must xeview the
14 appropriateness of current environmental regulations and their effect in a deregulated
5 market; for example, exemptions from the Clean Air Act for some generation facilities.
�6
17 Fair market competition. To ensure fair market competition, the federal and state
18 governments must have the authority to review mergers to prevent abuse of market power.
19
20 Cities must remain viable competitors in the electric market. Municipal utilities must be
21 granted exemptions from rules like the open meeting law and data practices requirements
22 where they ham-per the ability to effectively compete with private companies. To ensure
23 adequate service to every citizen, cides and other local governments must maintain their
24 ability to issue tax-exempt bonds for construction of electric infrastructure, and be given
25 explicit authority to aggregate or municipalize provision of electricity.
26
27 Local authority. Cities must maintain their traditional authority over land use, zoning,
28 rights of way management and cost recovery, as well as the ability to franchise providers
29 and to receive payments-in-lieu of taxes from municipal utilities. Cities' authority to
�0 negotiate siting fees and agreements for proposed generating facilities should be enhanced.
31
133
COMMI�'TEE R�COMMENDA TIONS
I To avoid unnecessary demand for the limited space in public rights of way, open access to
2 transmission and distribution facilities should be maintained through regulation.
3
4 As the electric market is opened to interstate competition, the federal government must
5 preserve the application of Minr�esota's state and local sales taxes to the sale of electricity�
6 regardless of the place of origin.
7
8 Stranded Cost Recovery
9 Issue: Regulated utilities have traditionally made operating decisions based on needs of
10 consumers within their service temtories. Many decisions, therefore, have been based more on
11 need than on economics. In the transition from a regulated to a restructured competitive
12 environment, electric generators' investments in fixed assets and other obligations may or inay
13 not remain as economically viable. Estimates of these "stranded costs" vary greatly, with some
14 indicating no stranded costs or possibly even negative stranded costs resulting from increased
15 prices after deregulation in Minnesota.
16
17 Response: If regulatory actions have contributed to investment by existing regulated
18 utilities that are not economically viable in a competitive market and if restructuring
19 occurs, the League supports transition mechanisms that will allow utilities to collect
20 revenues for those particular stranded costs. These charges, however, must be carefully
21 monitored to ensure only eligible and verifiable costs are covered and that over-collections
22 do not occur. Taxpayers and ratepayers should not be expected to cover the cost of
23 investments made for business reasons, apart from the requirement to serve under the
24 regulated system.
25
26 If negative stranded costs for the regulated utility as a whole can be established and are
27 solely the result of transition to a restructured environment, these regulated utilities should
28 be required to contribute some limited percentage of established amounts to offset tax
29 breaks given to these utilities as a result of restructuring.
30
134
COMMITTEE RECOMMENDA TIONS
Property Tax
2 Issue: Part of the discussion regarding possible deregulation of the electric power industry has
3 centered on electric utility taxation. Proponents of restructuring assert that if effective free
4 inarket competition is to replace govermnental regulation, state tax policy must be chai�ged. The
5 main focus of the investor owned utilities (IOUs) so far has been re�noval of tl�e attached
6 machinery or personal property tax. Utilities subject to the tax argue it places thein at a
7 competitive disadvantage to non-Minnesota companies, rural electric cooperatives (co-ops), and
8 municipals. However, accurate comparisons of tax burden are difficult, as other states use
9 coinpletely different taYing systems. Municipals inake substantial payments-in-lieu of taxes.
10 Additionally, co-ops and municipals do pay direct taxes on some of their property and indirectly
11 when they purchase wholesale power from sources that are taxed, such as IOUs.
12
13 Utility personal property can be a significant portion of the local tax base in all cities. Most
14 obviously affected are cities that have power plants; however, transmission and
distribution equipment account for over half of the personal property taxes paid by the
16 IOUs and exist in nearly every ciTy. Replacing the revenue that would be lost to cities,
17 counties, school districts, and other local taxing jurisdictions is a stated goal of the IOUs;
18 however, the mechanics and funding sources of such a replacement revenue would be
19 difficult to develop and administer, and could be subject to reductions or elimination over
20 time. Furthermore, replacement revenues or aids may not fully address the problems
21 created by a large tax base reduction.
22
23 Response: Cities oppose proposals for exempting the IOUs from the personal property tax,
24 apart from the decision to restructure the electric industry in Minnesota.
25
26 If and when restructuring occurs, a truly independent review of the overall tax burden
27 should be conducted to determine whether Minnesota utilities are at a competitive
28 disadvantage. If an overall tax disadvantage is identified, the state should correct it. Under
29 no circumstances should local units of government or their citizens be required to shoulder
�0 the burden of tax relief for IOUs.
135