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8.1. SR 04-03-2017 EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 8.1 Agenda Section Meeting Date Prepared by General Business Aril 3, 2017 Cal Portner, City Administrator Item Description Reviewed by Resolution Supporting Local Decision-making Authority Reviewed by Action Requested Approve,by motion, a resolution supporting local decision-making authority. Background/Discussion The State Legislature has a number of bills under consideration that severely impact the authority of local elected officials. A number of the bills provide for referendums or reverse referendums before bonding, selling equipment certificates, setting general tax levies, and for maintaining franchise fees. If enacted, the addition of voter- approved or voter-denied referendums would severely limit long-term capital planning, disrupt general core service operations, and increase costs to taxpayers. State law currently requires a plethora of public meeting notices, public hearings, open meetings,personal mailings, and public documents to inform residents of public action. Financial Impact N/A Attachments ■ Resolution ■ LMC Letter ■ Local Control Fact Sheet ■ List of Local Control Bills POWERED 6T Template Updoted 4/14 INAWRE1 City of Elk City of Elk River River City Council Resolution 17- A Resolution of the City Council of the City of Elk River 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 City Council of the City of Elk River, Minnesota, as follows: 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. Passed and adopted this 3rd day of April 2017. John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREI League of Minnesota Cities Coalition of Greater Minnesota Cities Metro Cities (Association of Metropolitan Municipalities) Minnesota Association of Small Cities Municipal Legislative Commission March 20, 2017 The Honorable Kurt Daudt, House Speaker The Honorable Paul Gazelka, Senate Majority Leader The Honorable Tom Bakk, Senate Minority Leader The Honorable Melissa Hortman, House Minority Leader Dear Legislative Leaders: A significant number of bills are advancing in the House and Senate that would undermine established local decision making authority and Minnesota's historically strong state and local partnership. As representatives of cities across the state, we are very concerned about this trend and the effects of bills that could significantly hinder local officials from effectively acting to serve their local communities, as they are expressly elected to do. Bills would directly and indirectly hinder local decision making across a broad range of policy and funding areas. Examples include legislation that would constrain local law enforcement authority, restrict a city's ability to set local ordinances, allow certain businesses unfettered access to public rights of way and eliminate a city's ability to manage them, restrict a city's ability to use certain fee structures, reduce local government aid (LGA) based on factors with no relation to the statutory LGA formula, and restrict a city's ability to consider a light rail project. Some bills would move aspects of local decision making authority to the Legislature. Other bills would require metro local officials to run the regional government, subjecting them to significant risks for conflicts for interest that could interfere with their ability to effectively represent the community in which they are elected. Others would usurp local representative democracy by requiring reverse referendums for local levies and funding mechanisms provided under state law. While city officials recognize that policies for local decision making authority can change over time, we are very concerned about the strong trend in this area, and the effects these bills would have in hampering local officials from performing their responsibilities and being able to appropriately act to address local needs. Such bills would seem to presume, however unintentionally, that there is a one -size -fits -all law that fits every community, or in other cases that the Legislature itself is in a better position to decide issues that are clearly local in nature. While `local control' can be a seemingly broad term, when applied it matters greatly, and if unduly restricted, can have severe consequence to citizens and businesses in communities across the state. Local officials, by state statute, are charged with protecting the health, safety and welfare of the local communities they represent, and laws providing for local decision making generally correlate with this directive. Statutory changes that constrict local decision making authority could serve to prevent local officials in being able to effectively safeguard the interests of a local community for which they are charged, and should not be considered lightly. The ability of local officials to make decisions on behalf of their community matters in how communities are shaped, in the financial ability of the community to govern itself, and in the ability of local officials to act flexibly to address unique or changing local conditions and circumstances. The state of Minnesota has long prided itself on a strong local and state partnership. To function, this partnership at its core must include effective communication by state and local officials with each other and with the public, acknowledge separate roles and responsibilities, provide for the strong financial stewardship over resources, have in place policies that provide for efficient service delivery, provide adequate and predictable resources, and allow flexibility for local officials to address a range of circumstances in their local communities. Several proposed bills, in undermining local decision making and authority, could serve to undermine the foundation and functionality of the state and local relationship. As representatives of municipalities throughout the state, we have been working to respond on a case by case basis to legislative proposals that seek to restrict or eliminate local decision making. With some proposals, we have aimed to work with legislative authors to make the proposed legislation workable. Other proposals we have needed to communicate our direct opposition, on behalf of the communities we represent. Generally, we have worked to inform legislators of positions supported by local officials and to remind legislators that local officials, like legislators, are held accountable through the elections process. Again, our purpose in writing today is to communicate our deep concern, not only on specific legislative proposals that would undermine well established local authority and public processes, but also on the unmistakable trend of such consequential proposals advancing in the Legislature. Thank you for your consideration of our concerns. erely ave Bradley M. Peterson s' Patricia Nauman Executive Direc r Executive Director Executive Director League of MN Cities Coalition of Greater MN Cities Metro Cities Jill SIFtten James Hovland xe tive Director Chair, Municipal Legislative Commission MN Association of Small Cities Mayor, City of Edina Cc: The Honorable Mark Dayton, Governor The Honorable Tina Smith, Lieutenant Governor wave of pre-emption legislation erodes local authority problem: Several bills introduced during the 2017 legislative session collectively serve to undermine Minnesota’s robust city-state partnership. This historic principle is based upon a shared vision and must allow communities and locally elected officials to tailor that vision to the unique needs of their citizens. Cities use a comprehensive, legal, and open process to develop ordinances. Through this process they often serve as laboratories for public policy. Obstructing this authority will impede innovation that has proven to result in statewide benefits. ©2017 League of Minnesota Cities. All Rights Reserved. for more information: Anne Finn Intergovernmental Relations Asst. Director Phone: (651) 281-1263 Email: afinn@lmc.org DID YOU KNOW? To date, more than two dozen bills that restrict local decision-making—on issues ranging from prohibition of plastic bags to the authority to set a local minimum wage—have been introduced in 2017. background: The League has historically supported the principle of local control, and opposed threats to local control at federal and state levels. League legislative policy SD 2 states that “City government most directly impacts the lives of people and therefore, local units of government must have sufficient authority and flexibility to meet the challenges of governing and providing citizens with local services.” A core value of the League is that locally elected decision-makers are in the best position to determine what health, safety and welfare regulations best serve their constituents. league of minnesota citiescity issue fact sheet 2017 league-supported solution: • Reject legislation that erodes the fundamental principle of local control in cities across Minnesota. • Continue to actively work together and communicate about our communities in a way that respects the authority each form of government is given by voters. Gary Carlson Intergovernmental Relations Director Phone: (651) 281-1255 Email: gcarlson@lmc.org 1 2017 Bills to Restrict Municipal Authority (Updated 3-16-17) 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 HF754 during Property Tax Division, laid over for possible inclusion No Senate version Reduces LGA for cities who contribute to a world's 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: Heard in Property Tax Division, laid over for possible inclusion 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 biennial notice and referendum for whether a municipality may use franchise fees to raise revenue 1146 2092 House: Heard in Gov Ops, Laid Over in House Property Tax Division Senate: Heard in Local Gov, referred to Taxes 2 ISSUE HF SF CURRENT STATUS Provides for a reverse referendum approval of issuance of debt 112 1849 House: Heard in Gov Ops, heard in Property Tax Division, laid over for possible inclusion Senate: Referred to Taxes Provides for a voter petition for a referendum on a levy certification if a city or county’s proposed levy for next year is greater than the actual levy for the current year. 654 1590 House: Heard in Gov Ops, heard in Ed Finance, hearing scheduled in Property Tax Division Senate: Referred to Taxes Creates special tax district to finance operating costs of light rail and BRT lines, and prohibits TIF districts from being created in the special taxing district 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 1315 1825 House: Heard in Transportation Policy, referred to Transportation Finance Senate: Referred to Transportation Finance and Policy Repeals city authority to establish special service districts 2412 n/a House: Hearing scheduled in Property Tax Division No Senate version Prohibits LGA for cities with sanctuary ordinances n/a 881 No House version Senate: Introduced, referred to Taxes Public Safety Prohibits law enforcement agencies from using unmanned aerial cameras to gather evidence in certain circumstances 1200 1529 House: Referred to Public Safety Senate: Referred to Public Safety 3 ISSUE HF SF CURRENT STATUS Prohibits political subdivisions (and the State Building and Fire Code) from requiring installation of fire sprinklers in certain dwelling units 681 579 House: Referred to Commerce Senate: Referred to Jobs Requires law enforcement agencies to comply with federal immigration detainers 26 n/a House: Referred to Public Safety No Senate version Worker Benefits Prohibits cities from enacting local employer benefit or minimum wage requirements 600 580 House: Bill passed 76-53 Senate: On General Orders Prohibits local governments including cities, towns, counties, etc., from enacting their own minimum wage requirements 180 n/a House: Initially referred to Commerce, was re-referred to Jobs No Senate version Administrative Issues Imposes new restrictions on interim ordinances related to housing 330 201 House: Passed 87-44 Senate: On General Orders Requires cities and counties to notify potentially impacted businesses of an ordinance that impacts a business licensed in the jurisdiction, including if the ordinance changes the location or availability of a product or service provided by the business 1242 1224 House: On General Register Senate: On General Orders Requires a minimum three-year data retention period for “correspondence”, and defines correspondence in government record retention law 1185 1719 House: Heard in Gov Ops, Civil Law, now in State Gov Senate: Referred to Judiciary Requires a local government's data retention schedules provides for at least 18 months of retention for electronic records from the date the record is created 70 123 House: Referred to Gov Ops Senate: Heard informationally in Judiciary 4 ISSUE HF SF CURRENT STATUS Adds new notification requirements on counties and cities related to written procedures across the local governmental enterprise 61 n/a House: Referred to Gov Ops No Senate version Transportation Prohibits cities, counties, special taxing districts, and others from spending money on studying feasibility, 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. 465 254 House: Heard in Transportation Policy, Heard in Property Tax Division, laid over for possible inclusion. Senate: Heard in Transportation, laid over for possible inclusion Prohibits regional rail authorities and metro counties and cities from spending any money to study, plan, design, or construct a light rail line, or expand an existing line, unless the legislature explicitly authorizes it. 418 & 1866 150 House: HF 418 heard in House Transportation Policy, was laid over for possible inclusion in a later bill and was subsequently added into HF 1866; HF 1866 heard in Transportation Finance, now in Ways and Means Senate: Heard in Local Gov, Transportation Finance and Policy, referred to Finance Prohibits political subdivisions from expending public sources of funds for a guideway project, whether for a new or extending line, including study, alternatives analysis, design, engineering, environmental analysis, land acquisition, purchasing rolling stock and other equipment, and construction 1630 n/a House: Referred to Transportation Policy No Senate version 5 ISSUE HF SF CURRENT STATUS Prohibits road authorities including cities from using funds that increase the cost for any aesthetic 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. 1062 n/a House: Referred to Transportation Policy No Senate version Housing Requires legislative approval of local housing goals that are currently negotiated between cities and the Metropolitan Council for the purpose of regional grant program funding. 1037 House: Heard and passed in Transportation and Regional Governance Policy, and Government Operations and Elections Policy. Hearing in Job Growth and Energy Affordability Policy and Finance is pending approval by Rules Committee due to missing deadline. No Senate version Solid Waste and Recycling Adds more requirements which erode a local government's ability to manage solid waste collection. 1976 1755 House: Referred to Gov Ops Senate: Referred to Local Gov Prohibits local government from banning or taxing plastic bags. 1504 1195 House: Heard in Gov Ops and Property Tax Division, laid over for possible inclusion Senate: Heard in Local Gov and Environment, laid over for possible inclusion Regulatory Issues Prohibits cities from imposing municipal planning fees to review or investigate a permitted use for compliance with any official control, which are ordinances or regulations that control the physical development of a city etc., including ordinances establishing zoning, 957 n/a House: Heard in Property Tax Division, laid over for possible inclusion No Senate version 6 ISSUE HF SF CURRENT STATUS subdivision controls, site plan regulations, sanitary codes, building codes, and official maps Allows for profit entities unregulated access to public right-of-way for installation of "small cell wireless" equipment, and supersedes many zoning ordinances and comprehensive plans in place. 739 561 House: Heard in Commerce, Gov Ops, Jobs, laid over for possible inclusion Senate: Heard in Energy, referred to Local Gov