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8.d) Cities Make Plea for Street Improvement District Authorityof GREATER 4% � es LrA n� M�tv�so'rn April 9, 2014 METRO CITIES The Honorable Mark Dayton Governor of Minnesota Room 130, State Capitol 75 Rev. Dr. Martin Luther King, Jr. Blvd. St. Paul, MN 55155 The Honorable Paul Thissen Speaker of the House Room 463, State Office Building 100 Rev. Dr. Martin Luther King, Jr. Blvd. St. Paul, MN 55155 The Honorable Tom Bakk m MUNICIPAL 111 C�iMLSSI�ON The Honorable Erin Murphy House Majority Leader Room 459, State Office Building 100 Rev. Dr. Martin Luther King, Jr. Blvd. St. Paul, MN 55155 The Honorable Kurt Daudt House Minority Leader Room 267, State Office Building 100 Rev. Dr. Martin Luther King, Jr. Blvd. St. Paul, MN 55155 The Honorable David Hann Senate Majority Leader Senate Minority Leader Room 226, State Capitol Room 147, State Office Building 75 Rev. Dr. Martin Luther King, Jr. Blvd. 100 Rev. Dr. Martin Luther King, Jr. Blvd. St. Paul, MN 55155 St. Paul, MN 55155 RE: Municipal Street Improvement District Legislation: HF 745 (Erhardt)/SF 607 (Carlson) Dear Governor Dayton, Speaker Thissen, Majority Leader Bakk, Majority Leader Murphy, Minority Leader Daudt and Minority Leader Hann, On behalf of Minnesota's 853 cities, we thank you for recognizing the pressing need for road repairs across multiple jurisdictions statewide. We sincerely appreciate you supporting efforts to advance funding to fill potholes and restore roads to a drivable condition. Unfortunately, the deterioration we are seeing on state and local roads is not the result of one bad Minnesota winter. Roads that are properly maintained are significantly less vulnerable to damage than roads that have been neglected. The current poor condition of road pavement throughout the state is the result of deferred maintenance due to fiscal constraints. While one-time revenue will April 9, 2014 Page 2 be helpful in the short term, a long term solution is not only necessary, but critical to preserving expensive assets. The cost to perform maintenance on schedule is a fraction of the cost of making repairs to crumbling roads. According to the United States Dept. of Transportation, for every one dollar spent on maintenance, a road authority saves seven dollars in repairs. By the time a road is crumbling, the opportunity to make modest investments has passed. Cities are in a uniquely difficult position as it pertains to road maintenance and reconstruction. While the state and all 87 counties receive funds from the Highway User Tax Distribution Fund, only cities over 5,000 population (currently 146 of 853 cities) arc eligible for state aid dollars. Within state aid cities, revenues are not keeping up with needs. Currently 84 percent of city streets are paid for with a combination property taxes, local government aid and special assessments. Each of these funding mechanisms has limitations, which we would be more than willing to discuss with you in further detail. The point is that cities are falling woefully behind on street maintenance and have long recognized the need for a new funding option. We are writing to respectfully ask for your assistance in securing passage of a funding tool that would help cities pay for street maintenance and reconstruction. The legislation, SF 607 (Carlson)IHF 745 (Erhardt), is a bipartisan bill that would allow cities to create street improvement districts. It is a local option that we strongly believe should be made available to cities statewide. Our preferred version of this initiative is attached. Cities have attempted for several years to secure passage of legislation that would enable them to implement street improvement districts. Just since 2013, 100 cities have adopted resolutions of support for enacting street improvement district authority. The legislation would authorize cities to establish street improvement districts within their boundaries to fund municipal street maintenance, construction, reconstruction and facility upgrades. If enacted, this legislation would provide cities with an additional tool to build and maintain city streets. Most importantly, this tool would allow cities to perform maintenance at the optimal time—that is, when it is most cost effective. In 2013, the counties secured expanded wheelage tax authority and local option sales tax authority to fund transportation projects. In spite of passing through all policy and finance committees having jurisdiction over the bill, the street improvement district initiative did not reach final passage. A version of the cities' street improvement district bill was included in the House's omnibus tax bill in 2013, but the provision was removed in conference committee. We strongly urge you to seek inclusion of the street improvement district language in a conference committee report that will reach final passage in 2014. We appreciate your attention to this important issue and stand ready to answer any questions you might have. April 9, 2014 Page 3 Please direct any correspondence on this issue to Anne Finn, Assistant Intergovernmental Relations Director, League of Minnesota Cities, at (651)281-1263 or afinn[7a,lmc.org. Sincerely, Shaunna Johnson Administrator, City of Waite Park President, League of Minnesota Cities Susan Arntz Administrator, City of Waconia President, Metro Cities Randy Wilson Jim Hovland Mayor, City of Glencoe Mayor, City of Edina President, Coalition of Greater Minnesota Cities Chair, Municipal Legislative Commission 4f Jeff Thompson Mayor, City of Paynesville President, Minnesota Association of Small Cities C: Rep. Ron Erhardt Sen. Jim Carlson Rep. Frank Hornstein Sen. Scott Dibble Rep, Ann Lenczewski Sen. Rod Skoe Commissioner Charlie Zelle Attachments: Street Improvement District Language List of Cities That Have Adopted Street Improvement District Resolutions t LEAGUE of MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 2013-2014 Street Improvement District Support Resolutions As of April 9, 2014 Albert Lea Hawley Proctor Alexandria Hendrum Ramsey Arden Hills Hopkins Red Wing Barnesville Hoyt Lakes Rochester Bemidji Hutchinson Rogers Bird Island Jordan Roseville Bloomington Lake City Royalton Braham Lake Crystal St. Augusta Brainerd Lake Park St. Cloud Breezy Point Le Center St. Joseph Brooklyn Center LeRoy St. Francis Cambridge Lonsdale Sartell Canby Luverne Sauk Rapids Center City Madison Lake Scandia Champlin Maple Grove Sebeka Chaska Maple Plain Shoreview Chisholm Maplewood Shorewood Clara City Mayer Sleepy Eye Cloquet Mendota Heights Stillwater Comfrey Minnetonka Tracy Coon Rapids Minnetrista Truman Crookston Moorhead Verndale Crosby Morgan Wadena Crosslake Mountain Lake Waite Park Currie New Prague Walnut Grove Delano New Ulm Watkins Dodge Center New Prague West St. Paul East Grand Forks North Mankato Wheaton Edina Norwood Young America Windom Fairmont Nowthen Worthington Falcon Heights Oak Park Heights Wyoming Grand Rapids Pelican Rapids Zumbrota Granite Falls Pine City Grant Pipestone 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAX: (651) 281-1299 ST. PAUL, MN 55103-2044 TOLL FREE: (800) 92S-1122 WEB: WWW.LMC.ORG HF 745 2nd Engrossment - 88th Legislature (2013 - 2014) Minnesota State Legislature Minnesota House of Representatives HF 745 2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/02/2013 03:I2pm KEY: stere = removed, old language. underscored = added, new language. Version List Authors and Status 1.1 A bill for an act 1.2 relating to municipalities; authorizing municipalities to establish street 1.3 improvement districts and apportion street improvement fees within districts; 1.4 requiring adoption of street improvement plan; authorizing collection of fees; 1.5 proposing coding for new law in Minnesota Statutes, chapter 435. L6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: L7 1.8 1.9 1.10 l.[1 1.12 1.13 1.14 1.15 1.16 1.1.7 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2,6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2,23 2,24 2.25 2.26 2.27 2.28 2.29 2.30 Section 1. T435.391 MUNICIPAL STREET IMPROVEMENT DISTRICTS. Subdivision 1. Definitions. a For the purposes of this section the fol.lowing terms have the -meanings given them. their repair; millin • overlaying; drainage and storm sewers; excavation; base work; sabgrade corrections; street lighting; traffic signals; signage- sidewalks; pavement markings;_ boulevard and easement restoration; impact mitigation; connection and reconnection of utilities: turn lanes; medians; street and alley returns; retaining. walls; fences lane additions; and fixed transit infrastructure trails or pathways. "Fixed transit infrastructure" does not include commuter rail rolling stock light rail vehicles or transit way buses; ca ital costs for ark -and -ride facilities; feasibility studiesplanning, alternative analyses environmental studies engineering, or construction of transit ways-, or operating assistance for transit ways. (d) "Maintenance" means striping, seal coating, crack sealing, pavement repair, (fl "Municipality" means a home „rule charter or statutory cites (g) "Street improvement district"means a geographic area designated by a municipality and located within the municipality within which street improvements and maintenance may be undertaken „and financed according to this section (h)_ "Undeveloped parcel" means,a parcel of land that abuts an unimproved municipal ctrpat and that is not can/Ad by me inirinai Cn-nr - -nn - ..,..- ... tt,- - ..F - - Subd. 2. Authorization. A municipality may establish,by_ordinance municipal street improvement districts and may defray all or part of the total costs of municipal street Subd. 3. Uniformity. classification of real estate. Subd. 4. Adoption of Plan. Before establishing a municipal street im rovement district or authorizing a street improvement fee, a municipality must propose and adopt as street im rovement Ian that identifies the location of the municipal street improvement in tree municipal street improvement plan. Page 1 of 2 https://www.revisor.mn.gov/bills/text.php?number=HF745&version= 2&session=ls88&sessi... 4/4/2014 HF 745 2nd Engrossment - 88th Legislature (2013 - 2014) Page 2 of 2 2.31 Subd. 6. Collection; up to 20 years. (a) An ordinance adopted under this section 2.32 must provide for billing and payment of the fee on a monthly, quarterly, or other basis 2.33 as directed by the governing body. The governing body may collect municipal street 2.34 improvement fees within a street'improvement district for a maximum of 20 years. 3.1 (b) Fees that, as of October 15 of each year, have remained unpaid for at least 30 3.2 days may be certified to the county auditor for collectionas„a special assessment payable 3.3 in the following calendar year against the affected property. 3.4 Subd. 7. Improvement fee. A municipality may imp„ose_a, municipal street 3.5 improvement fee by ordinance. The ordinance must not be voted on or adopted until after 3.6 public notice is provided and a public hearin is held in the same manner as provided in 3.7 subdivision 4. 3.8 Subd. 8. Not exclusive means of financing improvements. The use of the 3.9 municipal street rn rovement fee by a municipality does not restrict the municipality from 3.10 imposing other measures to pay the costs of. local street improvements or maintenance, 3.11 except that a municipality must not impose special assessments for proiects funded with 3.12 street improvement fees. 3.13 Subd. 9. Undeveloped parcels; fees. A municipality may not „impose _a street 3.14 improvement fee on any undeveloped parcel located within an established street 3.15 improvement district until at least three years after either the date of substantial completion 3.16 of the paving of the previous unimproved municipal street or the which a previously 3.17 unoccupied structure is first occupied, whichever is later. 3.18 EFFECTIVE DATE.This section is effective July 1, 2013. https : //www. revisor.mn. govlbillsltext.php?numbet=HF745&version=2&session=ls8 8&sessi... 4/9/2014