9.h Discussion on adopting local control resolution #05-16-17-02r
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SCAD11A
Staff Report
Date of Meeting: May 16, 2017
To: City Council
From: Neil Soltis, Administrator
Re: Local Control resolution
Background: In 2017 there have been a significant number of bills introduced into the State
legislature that would place restrictions on actions by the City. A listing of those has been compiled
by the League of Minnesota Cities and follows this report. The League has prepared a resolution
supporting local decision-making authority and any actions that would hamper the ability of local
officials to response to health, safety, and welfare concerns in their communities. At last report S9
Cities has passed such resolutions
Issue: Does the City Council wish to join other cities in passing a resolution supporting local
decision-making authority?
Proposal Details: A resolution has been drafted based on the model prepared by the League
Fiscal Impact: None
Options:
1. Adopt the resolution as presented
2. Adopt the resolution as amended by the Council
3. Take no action to adopt a resolution
Nearly 60 Cities Pass Resolutions Supporting Local Decision -Making A... https://www.Imc.org/page/1/LocalControlResolutionsUpdate.jsp
carom
Nearly 60 Cities Pass Resolutions Supporting Local
Decision -Making Authority
The resolution, provided by the League, demonstrates cities' objections to a growing trend in the Legislature of
introducing and advancing bills that remove or restrict the authority of local elected officials.
(Published May 1, 2017)
Over the past six weeks, 50 Minnesota cities have approved resolutions calling on the Legislature to stop advancing bills that
place limits on local decision-making authority.
The resolution was provided by the League beginning March 20, and is in response to the proliferation of 2017 legislative
initiatives aimed at restricting local control.
Learn more about the bills and download the resolution (Link to: http://www lme.org/page/I/Resolution-localcontrol jsp)
The resolutions have generated media attention and have prompted some legislators to privately suggest they are feeling pressure
from local leaders in their districts to oppose bills aimed at interfering with local control.
Access an MPR article on this issue (Link to: http://www.mprnews.org/story/2017/04/28/cities-chafe-at-efforts-to-undercut-local-
lawmaking)
More resolutions expected
The League expects more cities to pass the resolution as city officials become increasingly concerned about legislative initiatives
that would hamper the ability of elected officials to respond to the health, safety, and welfare needs of their constituents,
including local businesses.
If your city has passed a resolution, please be sure to share it with the League, as well as with your legislators.
See the list of cities that have passed the resolution (pdf) (Link to: http://wwwlmc.org/media/document
/1/localcontrol resolutions.pdpinline=true)
Access the League's Local Decision -Making Authority Advocacy Toolkit (Link to: http://www.lmc.org/page/1
/LocalAuthorityToolkit jsp)
Read the current issue of the Cities Bulletin (Link to: http://wwwlmc.org/page/1/cities-bulletin-newsletterjsp)
* By posting you are agreeing to the LMC Comment Policy (Link to: http://www.lmc.org/page/1/comment policyjsp) .
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Nearly 60 Cities Pass Resolutions Supporting Local Decision -Making A.
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Your LMC Resource
Contact Anne Finn
Assistant IGR Director
(651) 281-1263 or (800) 925-1122
aiinn@lmc.org(Link to: mailto:afinn@lmc.org)
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2017 Bills to Restrict Municipal Authority (Updated 4-7-17)
ISSUE
HF
SF
CURRENT STATUS
Local Government Finance
Eliminates LGA for cities that meet definition of
"sanctuary city"
1664
n/a
House: Referred to Gov Ops; amended into HF 754 during
Property Tax Division, laid over for possible inclusion
No Senate version
Eliminates LGA for cities that enact "sanctuary
ordinances"
n/a
881
No House version
Senate: Introduced, referred to Taxes
Reduces LGA for cities that contribute to a World Fair,
eliminates LGA for cities that are sanctuary cities, and
reduces aid to cities and counties operating
unauthorized driver diversion programs
754
n/a
House: World Fair and diversion provisions included in HF 4
(omnibus tax bill)
No Senate version
Eliminates LGA for cities with sick time laws and other
local labor regulations
2107
2157
House: Heard in Property Tax Division, laid over for possible
inclusion
Senate: Referred to Taxes
Reduces LGA for lobbying expenses of local units of
government
2187
2155
House: Heard in Property Tax Division, laid over for possible
inclusion
Senate: Referred to Taxes
Requires reverse referendum every five years to
authorize municipality to impose franchise fees to raise
revenue
1146
2092
House: Included as provision in HF 4 (omnibus tax bill)
Senate: Heard in Local Gov, referred to Taxes
Requires a reverse referendum for lease purchase of
public buildings
112
1849
House: Included as provision in HF 4 (omnibus tax bill)
Senate: Referred to Taxes
Provides a delayed reverse referendum requirement on
a general city (over 500) or county levy increase
654
1590
House: Included as provision in HF 4 (omnibus tax bill)
Senate: Referred to Taxes
ISSUE
HF
SF
CURRENT STATUS
Creates special tax district to finance operating costs of
1315
1825
House: Heard in Transportation Policy, referred to Transportation
light rail and bus rapid transit lines, and prohibits TIF
Finance
districts from being created in the special taxing district
Senate: Referred to Transportation Finance and Policy
for fixed guideway lines in operation or for which a
locally preferred alternative has been designated, and
no abatement of the incremental tax for the special
taxing district may be made
Repeals city authority to establish special service
2412
n/a
House: Referred by Tax chair to Property Tax Division
districts
No Senate version
Public Safety
Prohibits law enforcement agencies from using
1200
1529
House: Referred to Public Safety
unmanned aerial cameras to gather evidence in certain
Senate: Referred to Public Safety
circumstances
Prohibits political subdivisions (and the State Building
681
579
House: Included as provision in House version of SF 780 (omnibus
and Fire Code) from requiring installation of fire
agriculture finance bill; companion is HF 895)
sprinklers in certain dwelling units
Senate: Included as provision in SF 780 (omnibus agriculture and
housing appropriations bill)
Requires law enforcement agencies to comply with
26
n/a
House: Referred to Public Safety
federal immigration detainers
No Senate version
Requires reverse referendum for a local governmental
2590
House: Referred to Public Safety
unit to dissolve a law enforcement agency
No Senate version
Worker Benefits
Prohibits cities from enacting local employer benefit or
600
580
House: Passed by House 76-53
minimum wage requirements
Senate: On General Orders
Prohibits local governments including cities, towns,
180
n/a
House: Initially referred to Commerce, was re-referred to Jobs
counties, etc., from enacting their own minimum wage
No Senate version
requirements
ISSUE
HF
SF
CURRENT STATUS
Administrative Issues
Imposes new restrictions on interim ordinances related
330
201
House: Passed by House 87-44; included in House version of SF
to housing
1937 (omnibus jobs, commerce, energy, labor and industry, and
employment and economic development appropriations bill;
companion is HF 2209)
Senate: On General Orders
Requires cities and counties to notify potentially
1242
1224
House: On General Register
impacted businesses of an ordinance that impacts a
Senate: On General Orders
business licensed in the jurisdiction, including if the
ordinance changes the location or availability of a
product or service provided by the business
Requires a minimum three-year data retention period
1185
1719
House: Heard in Gov Ops, Civil Law, now in State Gov
for "correspondence", and defines correspondence in
Senate: Referred to Judiciary
government record retention law
Requires a local government's data retention schedules
70
123
House: Referred to Gov Ops
provides for at least 18 months of retention for
Senate: Heard informationally in Judiciary
electronic records from the date the record is created
Adds new notification requirements on counties and
61
n/a
House: Referred to Gov Ops
cities related to written procedures across the local
No Senate version
governmental enterprise
Requires a city or county to provide 30 days' notice of
2592
n/a
House: Referred to Gov Ops
its intention to hold a hearing on the adoption or
No Senate version
amendment of any ordinance or resolution that sets
standards or requirements regarding the sale, use, or
marketing of merchandise to consumers at retail or
ISSUE
HF
SF
CURRENT STATUS
food service locations that are different from, or in
addition to, any requirement established by state law
Transportation
Prohibits cities, counties, special taxing districts, and
465
254
House: Included as provision in HF 4 (omnibus tax bill)
others from spending money on studying feasibility,
Senate: Heard in Transportation, laid over for possible inclusion
planning, designing, engineering, etc. the development
or operation of intercity or interregional passenger rail
facilities or operations between the City of Rochester,
or locations in the metro area, and any location in the
metro area
Prohibits regional rail authorities and metro counties
418
150
House: Included as a provision in HF 861 (omnibus transportation
and cities from spending any money to study, plan,
&
bill)
design, or construct a light rail line, or expand an
1866
Senate: Heard in Local Gov, Transportation Finance and Policy,
existing line, unless the legislature explicitly authorizes
referred to Finance
it
Prohibits political subdivisions from expending public
1630
n/a
House: Part of bill is included as a provision in HF 861 (omnibus
sources of funds for a guideway project, whether for a
transportation bill)
new or extending line, including study, alternatives
No Senate version
analysis, design, engineering, environmental analysis,
land acquisition, purchasing rolling stock and other
equipment, and construction
Prohibits road authorities including cities from using
1062
n/a
House: Referred to Transportation Policy
funds that increase the cost for any aesthetic
No Senate version
enhancements that increase the cost of a project on a
highway or bridge, including monuments, markers,
memorials, sculptures, statues, decorative fixtures,
alternative materials, specialty signage and other
treatments designed to impact the perceived beauty or
visual appeal of the infrastructure
ISSUE
HF
SF
CURRENT STATUS
Housing
Requires legislative approval of local housing goals that
1037
n/a
House: Included as a provision in House version of SF 1937
are currently negotiated between cities and the
(omnibus jobs, commerce, energy, labor and industry, and
Metropolitan Council for the purpose of regional grant
employment and economic development appropriations bill;
program funding
companion is HF 2209)
No Senate version
Solid Waste and Recycling
Adds more requirements which erode a local
1976
1755
House: Referred to Gov Ops
government's ability to manage solid waste collection.
Senate: Referred to Local Gov
Prohibits local government from banning or taxing
1504
1195
House: Tax provision included in HF 4 (omnibus tax bill); policy
plastic bags.
language included as provision in House version of SF 1937
(omnibus jobs, commerce, energy, labor and industry, and
employment and economic development appropriations bill;
companion is HF 2209)
Senate: Included as provision in Senate version of HF 888
(omnibus environment and natural resources finance; companion
is SF 723)
Regulatory Issues
Prohibits cities from imposing municipal planning fees
957
n/a
House: Included as a provision in HF 4 (omnibus tax bill)
to review or investigate a permitted use for compliance
No Senate version
with any official control, which are ordinances or
regulations that control the physical development of a
city etc., including ordinances establishing zoning,
subdivision controls, site plan regulations, sanitary
codes, building codes, and official maps
ISSUE
HF
SF
CURRENT STATUS
Allows for profit entities unregulated access to public
739
561
House: Heard in Commerce, Gov Ops, Jobs, laid over for possible
right-of-way for installation of "small cell wireless"
inclusion
equipment, and supersedes many zoning ordinances
Senate: Heard in Energy, referred to Local Gov
and comprehensive plans in place
Prohibits political subdivisions from adopting an
n/a
n/a
House: Drafted as amendment to House version of SF 800
ordinance governing land use related to private wells
(omnibus health and human services bill)
No Senate version
of 00LEAGUE CONNECTING & INNOVATING
MINNESOTA SINCE 1913
CITIES
Resolution of Support for Local
Decision -Making
The Ability of Local Elected Officials to Directly Respond to the Needs of their
Community
As of 5/5/2017
59 Resolutions Passed
Alexandria
Lindstrom
Wabasso
Audubon
Lucan
Warren
Baudette
Maplewood
Watkins
Buffalo
Mazeppa
Waverly
Cambridge
Medford
Whakon
Carver
Minneapolis
Wheaton
Climax
Minnetonka
White Bear Lake
Cottage Grove
Moorhead
Currie
Mora
Deer River
North Branch
Eagan
North St. Paul
Eden Valley
Northfield
Edina
Olivia
Ely
Oronoco
Eyota
Ottertail
Franklin
Owatonna
Granite Falls
Pequot Lakes
Grant
Prior Lake
Ham Lake
Proctor
Hastings
Richfield
Hawley
Rochester
Hinckley
Royalton
Hopkins
Saint Louis Park
Hoyt Lakes
Springfield
Hutchinson
St. Paul
Isanti
Taylors Falls
145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAx: (651) 281-1299
ST. PAUL, MN 55103-2044 TOLL FREE: (800) 925-1122 WEB: WWW.LMC.ORG
RESOLUTION #05-16-17-02
A RESOLUTION SUPPORTING LOCAL DECISION-MAKING 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
SCANDIA 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 Scandia City Council this 16th day of June, 2017.
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, Administrator/ Clerk