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VII.3. Resolution Supporting Local Decision-Making Authority; Mornson (CR2017-055)Apri14, 2017 '� Council Report 2017- O55 Resolution Supporting Local Decision-Making Authority Proposed Action. Staff recommends adoption of the following motion: Move that Council adopt resolution 2017- 031 a Resolution Su�porting Local Decision-Makin� Authorit� This resolution is in response to the large volume of bills advancing in the House and Senate that interfere with loca] decision-making authority in severa] policy areas. Overview: This session, a significant number of bills are advancing in the House and Senate that interfere with local decision-making authority in several policy areas. Bills being considered would directly and indirectly hinder local decision-making across a broad range of policy and funding areas. The proposed resolution supports local decision making-authority and opposes legislation that removes the ability for local elected officials to respond to the needs of their businesses and constituents. If the resolution is adopted, staff will share it with local legislators, as well as the LMC Intergovernmental Relations staff. Primary Issues to Consider: • The effects of the proposed legislation. Supporting Information: • Draft Resolution 2017-055 • List of 2017 bills restricting local control • Letter to legislators regarding bills restricting local authority • Fact sheet about bills restricting local authority �;�� ;�,� ��;��,�� ' �-�- Mike Mornson City Manager Primarv Issues to Consider: • The proposed legislation, for example, would have the effect of: o Constraining local law enforcement authority. o Restricting a city's ability to set local ordinances. o Allowing certain businesses unfettered access to public rights of way while eliminating a city's ability to manage them. o Restricting a city's ability to use allowed fee structures. o Reducing local government aid (LGA) based on factors with no relation to the statutory LGA formula. o Restricting a city's ability to study a light rail transit project. City Manager Mornson and Council Member Gadd attended the 2017 LMC Legislative Conference for Cities on March 23. They met with Representative Youakim outside the house chamber at the Capitol. City Manager Mornson also participated in an advocacy practice role play scenario with the Mayor of St. Anthony. Staff will continue to work with the LMC, local representatives and neighboring cities during the 2017 Legislative Session. r �� -�z��. _ �� .•rF?� .: Y� l�i. �" �1� � �.,�� . � , -�� , ��`� . � ��_}R''yA-� � .,��•� � n� � �� , � �-� .. �-..�.�.., := -` ---� — -- t, - ; u,�u.w�.,,��,��„µ;,. «:�:�:�^~';� ��41'1�1'f�l�1lk!�i!!1lklkll��, �,1�1-111�1i1h�liY�l�f4i�F+tlllft� ,, •. - ........._ ..__„-�..._ m.n,:�;.r�i+k.,,__.,_'._ ,._ .-..a.,L-�"'.u'�"n.]'r�. r.�� .��'g�s"`_ k'i c6 I _ _ 'A� '..}+/f'fe�t " ,h' g �� CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017-031 A RESOLUTION SUPPORTING LOCAL DECISION-MAHING AUTHORITY WHEREAS, local elected decision-makers are in the best position to determine what health, safety and welfare regulations best serve their constituents; and WHEREAS, just like state legislative leaders, local elected officials are held accountable through Minnesota's robust elections process; and WHEREAS, ordinances at the local level are enacted only after a comprehensive, legal and open process; and WHEREAS, local units of government are required to publish notices about meetings where policies will be discussed and decisions will be made; and WHEREAS, under the state's Open Meeting Law, public policy discussions and decisions must occur in meetings that are accessible to members of the public; and WHEREAS, cities are often laboratories for determining public policy approaches to the challenges that face residents and businesses; and WHEREAS, preservation of local control in Minnesota has yielded statewide benefits such as the 2007 Freedom to Breathe Act, an amendment to the Minnesota Clean Indoor Air Act; and WHEREAS, more than two dozen bills that restrict local decision-making have been introduced in 2017 to date. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HOPHINS that this Council supports local decision-making authority and opposes legislation that removes the ability for local elected officials to respond to the needs of their businesses and constituents. ADOPTED by the City Council of the City of Hopkins this 4th day of April, 2017. : ATTEST: Amy Domeier, City Clerk Molly Cummings, Mayor �017 Bills #a Restrict Municipal Authority (Upda#ed 3-1fi-17) ISSUE NF I SF I CllRRENTST,�4TU5 Local Go�ernanent Finance EEiminates LGA for e�ties that meet defin4tion of 1G64 n]a Ht�use: Referred to Go� Ops; Amended into HF754 during sanctuary �city Property Tax �ivision, laid vver for possible inclusion No Senate version Reduces LGA for cities who cor�tri%ute to a world's fair, 754 n�a House: Heard in PropertyTax �ivision, laid aver far possibie elimina#es LGA for ci4ies that are sar�ctuary cities, anc� inclusion reduces aid to cities and countaes operating No 5enate versivn unauthanzed dri�er diversion prograrns Eliminates LGA for cities with sick time la�nrs and ather �ocal labc�r regulations Reduces L6A for Iobbying expenses of lacal units of government 21(]7 2157 House: Hearcf in P�oper'tyTax �7ivisian, laid aver for possibie inclusion Seroaie: Referred to Taxes 2187 2155 House: Heard in Property Tax Div�ision, laid over for possibMe in�iusion Ser�ate: Referred tv Taxes Requires bienniai notice and referendUm far whether a 1i4�5 2p9� H�use: Heard in Gav aps, Laid Over in Hause Prflp�rty Tax municipalaty rnay use franchise fees t�o raise re�en�e Divtsion Ser�ate: Heard in Lvcal Go�, referred tv Taxes rssvF HF I SF I CURRElVTSTA7U5 Pro�ides for a re�erse referer�r��m approval of €sseaance 112 1849 House: Hearc� in Gov nps, heard in Property Tax DsvisEon, laid of c�ebt over for passi�le ir�clusion Senate: Referred tv Taxes Provides for � voter petition far a refererrs��m on a leay 554 153a H�use: Heard in Gov Ops, E��ard in Ed Finance, hearirrg certifEcation if a city or county's �roposed le�y for next sc�eduled in Pro�erty Tax �i�ision year is greater than the actuaf levy for the currer�t year, Senate: Referred to Taxes Creates speeial tax district tc� finance operating costs of Vigh�t rail �nd B'RT lir�es, and prahibits TIF districts from '�eing created in the special taxing district for fixed guideway lir�es in operation ar for which a IoeaBly preferrecQ alternative nas heen designated, and no abatement of the incrers�ea�tal tax far the specia9 taxing district may be rnade Repeals eity authority to establish special se�rvice districts ProhPbits LGA for cities with sanctuary ordinances Publ'rc 5afe#y 1315 I825 House: Hearci in Transportation Palicy, eeferred to Transportatson �inance 5enate: Ref�erred to Transportation Finance and Policy 241Z nja House: Hearing scheduled in Property Tax Divis�on Nv 5enate version nja 88i NQ House uersion Senate: Introduced, referred to Taxes Prohibits law enforcement agencres from using 1200 1529 Hvuse: Referred ta Public Safety tin�nanned aerial cameras to gather e�+idence in certain Senate: Referred to Pu6�ic 5afety circumstances rssvF Proh�bits political subdEvisions (and the 5tate Building and Fire CodeJ from requiring instal�at�on of fdre sprinklers in certai� dwelling units Requires law enforcement ageneies to comply with federal immigration detainers HF I SF I CURRElVTSTA7U5 581 579 House: Referred to Cammerce Ser�ate: Referred to Jobs 26 nfa House: Referred to Public 5afety Na Senate version Warker Benefits PraFsibi�s ert�es from enacting loeal employer benefit or 500 580 House: B�II gaassed 76-53 minirnum wage requirements Senafe: On General flrders Prohrbits local governments incfucding eities, towns, 180 n/a Hvuse: Initially referred to Gommerce, was re-referred to counties, etc,, from enacting their own minimurn wage Jobs requirements No Senate yersion Administo-ati+ue Issues Impnses new restrictions on interirra ardinances related 330 2D� House: Passed 87-44 tca ho€�sing Senate: C7n Genera! f7rders R�quires cities and counties to nc�tify potentially 1242 7.224 House: On General Register impacted businesses of an ordinance that impacts a 5enate: On General {]rders �us�s�ess lieensed �n thejurisdiction, incl�ding if the ordunanee changes the 9ocation or avaiEability of a prad�act ar service provided by t�e business Requires a minimum khree-year data retention period 1185 1719 House: Heard in Gov Ops, Ci�il Law, now in State G�v for "cnrrespondence", anci defines correspondence in Sernate: Referred to ludiciary gouernment record retentian law Requires a locak go�err�ment's data retention schedules 7Q 1�3 Hvuse: Referred #o Go� flps yarqvides for �[ least 18 mQntf�s a� retentian for Senate: Heard infarmationalKy an Judiciary electronic recQrds from the date the rewrd is created rssvF HF I SF I CURRElVTSTA7U5 Adds new nati%ication requirements on counties arud 61 n/a House: Referred to Gov £}�s cities related to written proeedures across the 9ocal No Senate vers9on go�ernmental enterprise Transportatian ProE�ihits cities, counties, special taxing diskri�cts, and 465 254 House: Heard in Transportation Policy, Heard in Praperty Tax others fram spending mvney pn studying fea5i�ility, DiWisivn, laici over for ppssible inclusion. plannEng, designing, er+gineering, etc. the dewelc�pment Senate: Heard in Transportation, laid o�rer for passii�le ar operation of intercity or interregivr�a9 passenger �-ail inciusion facif'stkes or operatians between the City vf Rochester, or lacataons in the metrr� area, and any locatian in the metro area. Prehfbf�s r�gic�nal rail authorities and rnetro counties 4i$ 150 Hause: HF 418 heard in House Transportation Policy, was laic and cities fr4m spending any money to study, pian, & over for possi�Ye i�clusion in a Vater bil6� and was subsequenti� design, or construct a light rai� li�e, or expand an 1865 acfc€ed into HF 1866; HF 1866 heard in Transportatian existing line, �nless the leg[sBature expEicitly author'szes Finance, now in Ways and Means it. 5enate: Heard in Local Gov, Transpartation Finance and Policy, referred ta Fir�ance Prohibi4s political serbdivis�ons �rom expending �ublic 163� n/a Hnuse: Referred to Transportatian Policy sour�es oi funds for a guideway project, whether for a No 5enate version r�ew or extending iine, dnc9uding study, alternatives analysis, design, engineering, environr�enta� analysis, dar�d acquisitimn, purchasing rolling stoek and other ec�uipment, and construction rssvF HF I SF I CURRElVTSTA7U5 Proh�bits road authorities including citi�s from using 106Z n/a funds that increase the cost for any aesthetie enhancements that increase the cost of a project on a highway or bridge, including monuments, r-narkers, memarials, sculptures, statues, decarative fixtures, a�ternatir�e materials, specialky signage and o#her treatments ciesigned to impaet the perceived beauty or visual appeal af the inf�astructure, Housing Requires legislative approva! af I�cal housing goals that 1b37 are c�rrently negotiated kaetween cities and the Metropofitan Council for the purpase �f regior�ai grant pragram f�rnding, Solid Waste and Recycling Adds rnore requirements which erode a 1oca9 g��vernment`s abilityto manage so�id waste co'llection. Prohibi�s lacal govemment f�orr� bannir�g ortaxing r plastic bags. Regulatvey Issues House: Referred to Transpc�rtation Policy No Senate vers9on House: Heard and passed in Transportation and Regiona9 Go�ernance Po�icy, and Go�rer�nrruent C�perations and Electians Policy. Hearing in Jab Growth and Energy Affordabiiity Policy and Finance is pending appro�ral by'Rules Cammittee due to rnqssing deadline. No Senate version 1976 x755 House: Referred to Go� Ops Sena,te: R�ferred to Local Gov 1504 1195 House: Hearc� in GQ� Ops and Prope�ty Tax Di�isic�n, laid over for possib�e inclusian Senate: Heard in Local Gvv and En�ironment, laid r�ver for possible inclus�vn Prohibits Citees from im�osing municipal planning fees 957 n/a House: Hearc� in Property Tax Di�ision, laid aver for possible to reuiew or investigate a permitted use far compliance incfusion with any official control, which are ordir�araces or No Senate �ersion reguGations that �ontrol the physicaE de�relo�ment af a city etc., incVuding ortlinances estal�lishing z+oning, rssvF su�di�ision contro9s, site plan regulatinns, sanitary codes, building codes, and official maps Aflc�ws tor praf�t entities unregulated access to public right-of-way f�r bnstallation af °smakl eell wireless" equipment, and supersedes many zoning ordinanees and comprehensive plans in place. HF I SF I CLIRRElVTST�47ilS 739 56, House: He�rd in Commerce, Go� �ps, Jatas, laici over for possible inclusaon Senate: Heard 'on Energy, referred to Local �ov League oi� I4'Yinnesota Cities Coalition of Greater Mir��n�sota Cities Metra C�ities �(Assaciativ�t ai Metro�alitan Municipalities) Min�esota Association caf Small Cit'res Municipal Le�islative Comrt�issian March 20, 2017 The Honc�r�ble 1<<unt �]audt, Iiouse Speaker The Hanorab�e Paui Gaa.clka, Senat+� �'Iajarity Leacier T'he llonorable Tarrt Bakk, Senate Mina�ity L,eader The Honorahie Melissa Hortinan, H�use �linority �,eac�er I�e2r Legislati�e Leaders: A si�r�i�ic�►�T nuanbcr af bills are a�ivancin� in #he I{ouse and Set�ate that ��ould under�l�ine esta�alishe�f local dGcisioXZ anakin� autharity and Nii�ncsota's histarically strc�n� state ar�c� Cocal partnersYaip. �1s re�resentatives of cities acrcass the state, `�c are ver�� concernec! about this trenci and the effects af� bills thdt could significantly hiz�der local vi�cia�s fram effectively actin� to serve their Eocal cammunities, as they are expr�ssly� elected ta do, Fiills would directly and indirectly hinder locai decisian mdkin� acrass a broad ran�e �f p�licy �nd funding areas. �xarriples include legislation that r�rould canstrain foe�l la�� enfflrcement aut}�ority, restrict � citv's ability to set loeal �rdinances, ailaw certain businesses unfettered. access �o puhlie rights af wa�� and eCiminate a city's abii�ty ta rr�ana�;e ihem, restrict a city's ability to use certai�a kee structures, recfuce local �;overnmer�t aid �I;GA) based oh factc�rs w�ith nn relatian ao the siatutory LC3A formuia, and restrici a city's ability to consider a light rail project. Sc�me �ills would znave aspects of lacal decision making atEthority ta the Legisl�ture. Oth�r bills wvul�i �-equire metrc� ]ra�;a! offieials tn r�n the regional �;overnment, st�bjceting thetn to si�nili��nt risks for conflicts £or in#erest that cauld interterc with their a6ili[v tr� eftectively re�resent the con�ca�unity i� which the�r are elected. [�thers wauld usurp loc�l re�resentaii�e c�emcacr�cy by reyuiring re�erse refer�ndums far laeal levies and flunding �nechanisms pro4�ided under state law. While city �afiicials rec�gnize that policies for local decision roakin� autharity can change over tirne, we are very �oncerned about the strong trend in this area, and the eftects the:�e hills v�rould hawe in laan�perin� local ot�fcials frorn perfaranin� iheir responsibilities and being able to appropriately act to address local needs. Sueh baQls wUulc� seem tn presume, hav��ever unint�ntionally, that there is a ane-sizc-fits-ali law tl�at iits every communaty, ar in oth�:r cases th�t the L�gislaturc itself is in a better positinn t� decid� issues that are cleariy lacal in nature. While `local contral' ean be a seemin�ly= broad term, when app�ied it matters �reatly, and if unduly restrocted, can have se��ere eonsec�ucnce to citizens an�l businesses in cornmunities �cra�ss the state. Local ofiicials, by° state statute, are char�ed with protec2in� the hcalth, safety and welfare ai'the 1r�caE communities they rc�resent, and l��vs pro�ic�ing lc�r l�cal decision making �en�rally corcelate with this direetive. Statutory chan�es that ennstrict local decision making authority cauld� se�� ta prevent local afiici��ls in being able t� ef-f�cti��ely safeguard the intcrests csf � local comm�mity` i`or rr�hich ihey are charged, a��c� sh�uld r�ot be �onsidered li�htly. 7`he ability� ai� iocal oiluials tn make decisions on h,ehalf of ti�eir cc�rnmunity rnatters in how communities are slya�ed, in it�e ['inancial abiliiy oi�the cammunity ta ��v�rn iiself, and in the ability ��` local oi�icials t� act t7exibly ta address u�-�lc�ue or changing l�cal c�nditic�ns and circumstances. The statc 9f Minnesota has long pridec� itself an a stroi�g lcreal and state partnership. To function, this partr�ership at its c�re rnust inc€ude eif�ctive cc�mmua�icatiaai by state and lc�eal �fti�ials with cach other and urith the public, a�cktaowledge se,�aratc roles and respansibiliti�es, �ra��ide far thc strong Finaneial stewardship c�ver resources, ha��e in place policies that pro4 ide fc�r efficiei3t serviee deliti�ery, provide adequate and predaet�ble resc>�rees, and allaw flexibility� for lacal aftieials to ac�dress a range of circt��nstar�ees in tl,eir l�cal cr��nmunities. �e��ral proposec9 bills, �n underrttinit�t�; loc�P clecision tt�akin� and authority, could serv� to undermine the foundatian aa��f fimciionality of'the sta�e at�d local relatianship. As representatives nf`munici�alities throu�hout the state, we have been working to res�ond on a case bv case basis ta le�islatiue prc�p�sals that seek to restrict or eliminate local decision makin�. �'V ith some prolzasals, ��e ha��e aimcd to work �vith l�gislative authars to make the pro�os�d lcgislation �uorkable. (�ther prU�osals we ]aarre needed to cc��nmunicate c��r direct opposition, on behalfof the eomtt�unitics �re represent. Gcncrallv, we ha�•e workec� to inform Ee�islators af I�ositions suppc�rted by lUcal oificials anc� tc� re�r�i�1d 4egislatc�rs lhat ]ocal officials, like legislators, are t�cld aecauniable thxQugh the el�ct.ions process, 11gai�y, �ur �urpose in writin�; todawa is �a comir�unicate o�r dee� concern. not only on specitic I�:gislaiive prc�posals that w�uld undcrn�ine we�l established lacal authc�rity and public �ro�esses, l�ut ads� on th�: unmistakable trencl c�f suc11 canseqiiential �roposals a�vancing in the Legislature. Thank you for ycaur cc�nsideration af c�u�- concern;s. �� ,r�� . - - �.: .�r."t._ J Bradley M. Pet�;rson '� Patricia Nauman Executi�fe Director �xccutir�e I)irector Coalition r�f'Gi�eater MN Cities "vletra �ities crely �� j Executiwe �}irec r I.�a�ue of MN Cities L_� Jill SI`etten Executive I�irec#or Mi�i Asst�ciation of 5ma12 Citi�s '�' ,' .,;, _ ,�� ;_� , __ .�arnes Haw•land Ch�.ir, Muniei�aa! Legisl3tive Cotnmissson Mayc�r, C`it4• c�f Edir�a Cc: The I-ic�norable 'ulark Uaytnn, GavernUr T17e Honorable '1'ina �mith, Lieutenant Go��err�or BACKGROUNiJ: ihe L�a�a� has his�c�r�cally suppart�d the principle of loca! cc�ntrol. and opposed threats to local controq at fe�eraa and state fevels. League 9egisla�ive policy S� 2 states that "City governmen� most dir�ctly impa�ts the lives of people a�sd therefore. sacel units of government m�ast have sufficier�t au'tharity and flexibilityta meet th� challenges t�f governing and providang citizens with local services." A core value af t�e L�ague is that lo�ally el�cted decision-makers are ir� the best pas�tian tv determine what hea9th, safety and welfar� r�gulatians best serve their constituents. , _� .. k �l Il �i j LACsUE � �r f Uj I N!�f L- 5 OTA �ITI[S FOR MLORE iN'F�RMA'i'ION: Rnne Finn I�ROBLEM: Several bills introd�aced duringthe 2017 leg�slative session coliectiuely serue to undermine Minnesvta's r�bust city-stat� partnership. This historic pri�ciple is based upon a shared vision and rnusi ailow eomrnunities and Bocally elected �fficials tca taiiar that vision to the unique needs af their citiz�ns. Cities use a comprehensive, legal, and apen process tv dev�elop ordinances. Through thi� process they often serve as iabaratariesfor public policy. Q�structingthis authvrity will irrapede innovation that has proven to resuft in statewicie �enefits. LEAGUE-SUPPl7RTED SC�LUTION: • Reject legislatic�� that erodes the fundarx�ental principle o� local ct�ntrol in cities acrass Miruneso�a_ Cantinue ta ac4ively wark tagether and communicate about our cammunities in a way that resp�ects the autharity each torm of government is given by voters_ Inte�governmental Relations Asst. Directcar Phone: (651) 281-1263 Email: afinn@Irr�e.org 92017 L�ague of Min�nesoia Cities�_ r111 RigPoFs Res�22rved_ �ary �arlson intergavernmental �elatic�ns [3irector Phone: (651} 281-1255 Email: gcarlson@Imc.�rg