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9.h Discussion on adopting local control resolution #05-16-17-02r -ti t 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) . 1 of 2 5/8/17, 3:02 PM Nearly 60 Cities Pass Resolutions Supporting Local Decision -Making A. 0 Comments MinnesotaCities d Recommend L Share 0 Start the discussion... i https://www.Imc.org/page/l/LocalControlResolutionsUpdatejsp Be the first to comment. 4) Login - Sort by Best - ® Subscribe Q Add Disqus to your siteAdd DisqusAdd no Privacy DISQUS 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) From our city vendor... (Link to: http://www.lmc.org/ads/105056) 2 of 2 5/8/17, 3:02 PM 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