HomeMy WebLinkAboutItem 5City of Lakeville
Administration
Memorandum
To:
From:
Date:
Subject:
Mayor and City Council
Justin Miller, City Administrator
Allyn G. Kuennen, Assistant City Administrator
January 13, 2018
City of Lakeville 2018 Legislative Priorities.
The City Council at their December 11th work session discussed the city’s proposed legislative
priorities with our locally elected officials. Several minor revisions were recommended during
the discussion and have been incorporated as redlines into the attached draft for your
consideration.
Staff will be available at the January 13th City Council retreat to discuss the proposed revisions
and to finalize the legislative priorities. The next steps in the process is to officially adopt the
priorities at the February 5th City Council meeting and to send the final version to our locally
elected officials, the Governor’s office, our lobbying partners and the local chamber of
commerce.
If you have any questions before the retreat, please contact us.
City of Lakeville
2018 Legislative Priorities
Adopted: February ____, 2018
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Index
Primary Legislative Priorities:
Local Control, Municipal Revenue & Taxation 3 - 4
A. State Mandates on Local Authority
B. Storage of Rail Cars within Urban Residential Areas
C. Revenue Restrictions
D. Data Practices Act
E. Metropolitan Council Governance Streamline State & Regional Agencies
Transportation 4 - 6
A. Relieve Congestion Along I-35 through Lakeville
B. Transportation System Improvement and Maintenance Funding
Economic Development 6 -7
A. Expansion of Job Creation Fund (JCF)
B. Expansion of Minnesota Investment Fund (MIF)
C. Workforce Development Programs
Housing 7
A. City Role in Housing
Appendix A
Additional Legislative Priorities: 8
A. Fiscal Disparity Fund Distribution
B. Transit Operations and Taxing District
C. MnDOT Maintenance Budget
D. Dan Patch Commuter Rail Corridor
E. Tax Increment Financing
F. Municipal Liquor Operations
G. Funding to Manage Shade Tree Diseases and Pests
H. Franchising Cable Service Providers
I. Streamline State & Regional Agencies Metropolitan Council Governance
J. Street Improvement Districts
K. Targeting Property Tax Relief Directly to Individuals
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Primary Legislative Priorities
Local Control, Municipal Revenue & Taxation
A. State Mandates on Local Authority
Position: Lakeville opposes statutory changes which erode local control and authority. .
Furthermore, the legislature should reward cities who do not receive Local Government
Aid by exempting them from burdensome mandates and other restrictions that impact
our competitiveness in the marketplace.
Background: The Legislature has previously created or mandated additional tasks
requiring new or added local costs without a corresponding State appropriation or has
capped fees available for cities to recoup costs from imposed mandates. New unfunded
mandates cause increased property taxes which impede cities’ ability to fund traditional
services.
B. Storage of Railroad Cars within Urban Residential Areas
Position: Minnesota's Federal Congressional Representatives should initiate legislative
actions to create laws or rules that would prohibit the current practice of storing railroad
cars within urbanized residential neighborhoods without the express written consent of
the City. Furthermore, state and federal resources should be provided that will incentivize
rail car storage areas outside of residential neighborhoods.
Background: An active but little used section of freight railroad track runs through the
City of Lakeville and a majority of the track runs through residential neighborhoods or is
adjacent to residential homes. While the railroad track is classified as an active line, several
sections are in poor condition and are not used. Therefore, the tracks are being used for
the storage of inactive rail cars without any limits as to the amount of time that they may
be stored. Adjacent residential property owners are experiencing detrimental effects on
their homes and neighborhoods due to the storage of these railroad cars including visual
blight negatively impacting residential home values, safety of children and general
welfare of the community. Lakeville City Council passed a resolution in 2009 requesting
Minnesota's Federal Congressional Representatives initiate legislative actions to address
this issue.
C. Revenue Restrictions
Position: The City of Lakeville strongly opposes levy limits and other financial restrictions
imposed upon local governments.
Background: Local taxpayers hold their local elected officials accountable for local
government spending and taxing decisions. When the state imposes levy limits, reverse
referenda, or other fiscal restraints on local elected officials, it negatively impacts the
ability of cities to meet the needs of their residents and removes the autonomy of local
officials.
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D. Data Practices Act
Position: The City of Lakeville supports common-sense changes to the Data Practices Act
to protect municipalities from abusive or harassing requests, and to compensate
municipalities for overly broad and burdensome requests.
Background: The Minnesota Government Data Practices Act was written before the
widespread use of computers and other technology, and has never been updated to
reflect the exponential increase in the amount of data that every public and private entity
must manage in order to conduct business. A single overly burdensome and broad
request can cost a city hundreds of hours in staff time and tens of thousands of tax dollars
to respond to, and the Act largely prohibits a city from recouping any of that cost. Further,
some requests are made with the intent to harass a city and its employees, and some
requesters never intend to collect the data, wasting time and tax dollars. The MGDPA
must be modernized to reflect today’s data-intensive society.
The City of Lakeville supports common-sense changes to the Data Practices Act to protect
municipalities from abusive or harassing requests, and to compensate municipalities for
overly broad and burdensome requests.
E. Metropolitan Council Governance
The 17-member Metropolitan Council has 16 members, who represent geographic
districts within the Twin Cities seven-county metropolitan area, with one member serving
at large. However, they are all appointed by and serve at the pleasure of the Governor and
typically fall within the current governor’s party affiliation. To provide a governance
structure which is more representative of our respective communities, local governments
(cities and counties) should be afforded an opportunity to provide input in the selection
process for members who represent local interest in regional planning efforts.
E. Streamline State and Regional Agencies
Position: The City of Lakeville supports streamlining state and regional agencies that
regulate municipal activities related to water quality and water supply.
Background: Over the years the state and regional governments in Minnesota have
layered countless regulations relating to water quality and water supply on cities, their
residents, and their businesses. Overlapping, duplicative, and conflicting requirements
create confusion, impede development, and waste tax dollars. While the City of Lakeville
acknowledges the need for reasonable regulations, the current system has become
unworkable.
Transportation
A. Relieve Congestion along I-35 through Lakeville
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Position: Lakeville strongly encourages MnDOT and the Metropolitan Council to find
ways to reduce congestion, improve safety and increase transit options on I-35 through
Lakeville.
Background: There is a need to expand the capacity of Interstate 35 in Lakeville to further
increase safety and improve traffic flow. Today there is congestion from south of Lakeville
to County Road 46 due to a shortage of lane capacity. In addition, between 2010 and
2016 hundreds of accidents have occurred along this section of Interstate 35 that have
included multiple fatalities. The City of Lakeville believes the following improvements
should be considered:
• Additional Park-and-Ride facilities should be considered: Within the next three years
the Metropolitan Council has determined the Kenrick Station Park-and-Ride facility
will be at capacity; and with the future extension of the METRO Orange Line service
along the Interstate 35 corridor into Lakeville as proposed by METRO Transit, it will be
necessary to expand the Kenrick Avenue Station or construct other park and ride
facilities along the corridor.
• Interstate 35 Lane Expansions: There is a need to expand the capacity of Interstate 35
in Lakeville to increase safety and improve traffic flow for commuters not using transit.
Improvements to Interstate 35 would also provide increased regional access to the
County Road 70 corridor area, taking more advantage of the improved interchange
and promoting continued corporate, office, industrial, and commercial growth within
this area. The funding and improvement of the Interstate 35 interchange at Interstate
494 would also assist in decreasing congesting and improve the overall movement of
people and goods throughout the region.
• County Road 50/Interstate 35 Interchange Improvement: Over the past eight years
the City has invested over $20 million dollars along the County Road 50 corridor and
Interstate 35 interchange area in preparation for the future reconstruction of the
interchange. In addition, the City invested another $750,000, with the help of Met
Council’s Right-of-way Acquisition Loan Funds (RALF), to acquire a vacant Burger King
restaurant for the future construction of an off-ramp at this interchange, and another
1.6 million was invested in conjunction with Dakota County for the relocation of the
172nd Street intersection on the west side of the interchange. Currently traffic
volumes are high through this area, with congestion on the ramps and turn lanes and
on the mainline of County Road 50 as it narrows from four to two lanes under
Interstate 35. Several more properties around the interchange are vacant or remain
undeveloped due to the uncertainty of when the interchange will be reconstructed
and what effect the reconstruction will have on the properties. Reconstructing the
interchange in combination with constructing additional travel lanes on Interstate 35
will provide the needed regional infrastructure to extend the METRO Orange Line
along the interstate corridor, promoting new commercial and industrial development
at County Roads 50 & 70, and encouraging additional job creation and tax base.
B. Transportation System Improvement and Maintenance Funding
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Position: The City of Lakeville supports State efforts to bolster financial resources needed
to address road, and highway and freight rail improvements. The City of Lakeville also
supports efforts to provide cities with adequate tools to fund maintenance and
improvements to local roadways.
Background: Current levels of funding for roads and highways is inadequate to maintain
existing road and highway needs and meet the needs of growing areas such as Lakeville.
Lakeville recognizes the need for additional transportation funding statewide and will
continue to advocate for additional resources to maintain the State’s transportation
infrastructure. In addition, cities still lack the authority to use additional tools for City
street improvements; such resources continue to be restricted to property taxes and
special assessments. It is imperative that alternative authority be granted to
municipalities for this purpose to relieve the burden on the property tax system.
The City of Lakeville will be financing more than $29 million of street maintenance and
reconstruction projects with property taxes over the next five years. Street maintenance
and reconstruction projects will be the most significant contributing factors to future
property tax increases. This is in addition to more than $35 million of project costs
financed from other sources such as special assessments and municipal state-aid street
funding. It is also important to recognize the existing freight rail system within the city
and the need to address the storage of inactive railcars via a rail yard adjacent to Airlake
Industrial Park.
Economic Development
A. Expansion of the Job Creation Fund (JCF)
Position: The City of Lakeville supports the expansion of the Job Creation Fund and
making the program more flexible to allow cities the ability to provide competitive
incentive packages.
Background: In 2017 the Legislature approved $17 million in funding for the Job Creation
Fund for the biennium which restored some of the cuts that were made in 2016. The Job
Creation Fund provides financial incentives to new and expanding businesses that meet
certain job creation and capital investment targets. Companies deemed eligible to
participate may receive up to $1 million for creating or retaining high-paying jobs and for
constructing or renovating facilities or making other property improvements. In some
cases, companies may receive awards of up to $2 million. Over the past two years this
fund allowed the expansion of the Menasha Corporation that retained over 200 jobs and
creating almost 30 new positions. This expansion and the additional jobs created may
not have been possible without assistance from the Job Creation Fund.
B. Expansion of the Minnesota Investment Fund (MIF)
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Position: The City of Lakeville supports the expansion of the Minnesota Investment Fund
(MIF) and making the program more flexible to allow cities the ability to provide
competitive incentive packages.
Background: In 2017 the Legislature approved $25 million in funding for the Minnesota
Investment Fund for the biennium which restored some of the cuts that were made in
2016. The Legislative Auditor’s Office is currently completing a review of the Minnesota
Investment Fund that will be presented to the Legislature during the 2018 Session. The
Minnesota Investment Fund provides financing to help add new workers and retain high-
quality jobs on a statewide basis. The focus is on industrial, manufacturing, and
technology-related industries to increase the local and state tax base and improve
economic vitality statewide. When Post Consumer Brands acquired Mom Brands aka
Malt-O-Meal in Lakeville, Post considered relocating their operations out of Minnesota.
Thanks to the availability of Minnesota Investment Funds, the State and the City were able
to provide the incentives needed to retain Post Consumer Brands with over 250 jobs; and
allowed them to expand their operations by creating an additional 134 jobs and reinvest
in Lakeville and Minnesota. Without these funds the City and State may have lost a major
employer and cooperate partner.
C. Workforce Development Programs
Position: The City of Lakeville supports fully funding the Minnesota Job Skills Partnership
and other workforce training programs administered by the Department of Employment
and Economic Development, the Department of Human Services, and the various
education agencies including:
• Providing additional flexible funding to local workforce councils, including
governments and educational facilities, for the purpose of upgrading the skills and
productivity of the workforce, and pursue additional creative programming and
funding to prepare and place underemployed and unemployed Minnesotans, as
well as address the issue of those phasing out of the workplace and retiring.
• Continued support to cities providing workforce programs that are coordinated
with and complement state and regional efforts.
Background: It is critical for the future of our economy to prepare for new demographic
trends. Worker training and education must be an important component of Minnesota’s
efforts to improve workforce readiness. By making firms and employees more
competitive, worker training can increase wages, increase employment opportunities, fill
skilled worker gaps, and keep jobs and employers in their communities.
Housing
A. City Role in Housing
Position: The City values living options for people of all ages and stages of life. Lakeville
strives to be a community where residents can live and age in place. Lakeville will
accommodate individuals and families at all stages of life and strive to meet the housing,
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transportation, education, shopping, access to health care, and other needs of all
demographic groups within the City.
Background: Funding for life cycle, workforce and attainable housing is the responsibility
of State and Federal governments and should not be borne by local property tax payers.
In addition, the City opposes any mandated housing requirements. Cities can facilitate
the production and preservation of life cycle, workforce and attainable housing by:
• Applying for State or Federal funding from applicable grant and loan programs;
• Working with developers and local residents to blend life cycle and attainable housing
into new and existing neighborhoods; and
• Establishing standards that encourage life cycle and attainable housing.
Appendix A:
Additional Legislative Priorities
A. Streamline State and Regional Agencies
The City of Lakeville supports streamlining state and regional agencies that regulate municipal
activities related to water quality and water supply. Over the years the state and regional
governments in Minnesota have layered countless regulations relating to water quality and
water supply on cities, their residents, and their businesses. Overlapping, duplicative, and
conflicting requirements create confusion, impede development, and waste tax dollars. While
the City of Lakeville acknowledges the need for reasonable regulations, the current system has
become unworkable.
B. Fiscal Disparity Fund Distribution
The City of Lakeville supports the Fiscal Disparities Program and any effort to modernize and
improve the program to fund the needs of the metro area.
CB. Transit Operations and Taxing District
The City of Lakeville opposes the State imposing the Transit Taxing District upon cities. The City
of Lakeville supports funding of all transit capital expenses and operating subsidies into the
State budget through the use of Motor Vehicle Sales Tax (MVST) revenues or other statewide
revenue sources. The Transit Taxing District is a funding source for capital expenses such as
transit stations and buses. These expenses account for about 10% of the cost of operating a
transit system. The operating costs of the transit system are paid by all residents of the state
through other revenues such as the gas and sales tax.
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DC. MnDOT Maintenance Budget
The City of Lakeville supports MnDOT taking full responsibility for maintaining state owned
infrastructure within city limits. The state has abrogated its responsibility for maintaining major
roads throughout the state by requiring, through omission, that cities bear the burden of
maintenance on major state roads. Cities should be compensated equitably for providing a
service that traditionally has been borne by the state. MnDOT should also be required to meet
standards adopted by cities through local ordinances or reimburse cities for labor, equipment
and material used on the State’s behalf to improve public safety or meet local standards.
ED. Dan Patch Commuter Rail Corridor
Lakeville is opposed to any State or Federal funding that supports the study, planning, design
or engineering of the Dan Patch Corridor.
FE. Tax Increment Financing (TIF)
Cities need greater flexibility to use TIF for community and economic development that
supports residents and businesses. Further restrictions of TIF would render the tool less
effective and hinder local efforts to support job creation, housing and redevelopment. The
Legislature should consider expanding the use of TIF to assist in the development of
technological infrastructure and products, biotechnology, research, transportation and transit
oriented development, non-retail commercial projects, and modifying the various provisions
of existing TIF law in order to better facilitate redevelopment and housing activities.
GF. Municipal Liquor Operations
The Legislature over the past several years has made significant changes to liquor laws
including allowing small brewers to have taprooms and sell of growlers and micro distilleries
to sell off-sale, and the addition of Sunday sales. The City of Lakeville is would be opposed to
any further liquor laws that loosen the control on the sale of alcoholic beverages, including the
sale of spirits, wine and strong beer in grocery or convenience stores.
The City would be in favor of legislation addressing a change in how pension liabilities are
reflected in municipal liquor financial reports due to GASB 69 requirements. The City is also in
favor the Minnesota Wholesalers efforts in the tracking of internet sales entering the state.
These sales are not tracked nor conducted within the definitions of state statute, thus the State
of Minnesota is losing both sales and excise taxes estimated in the millions of dollars.
HG. Funding to Manage Shade Tree Diseases and Pests
Community forests and the benefits they provide are an essential part of city infrastructure.
Lakeville supports state funding that would assist cities with meeting the costs of managing
shade tree disease and pest problems. The growing emerald ash borer (EAB) infestation,
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resurgence of Dutch elm disease and the spread of oak wilt have generated a significantly
increased need for tree removal and treatment services which has placed pressure on City
budgets. In 2017, emerald ash borer (EAB) was identified in Lakeville. Approximately 20% of all
City trees are ash and will need to be protected with injections or removed in the next decade.
Although the Department of Natural Resources’ ReLeaf program and the Department of
Agriculture’s Pest Management program currently allow for addressing tree disease and pest
problems, funding levels have been inadequate to assist cities. Cities share the goal of the
state’s ReLeaf program—promoting and funding the planting, maintenance, and
improvement of trees in the state. During the early years of the state’s Dutch elm disease
infestation, the state invested nearly $30 million a year for six years in response and
replacement funds to assist local governments. EAB is the most destructive forest pest the state
has ever encountered. Lack of resources to take preventative steps to combat EAB in a timely
manner will end up costing cities and individual citizens significantly more in the long run.
IH. Franchising Cable Service Providers
The City of Lakeville has been successful attracting multiple cable television service providers
to the City by streamlining franchising requirements and removing unnecessary impediments
to entering the market while preserving the City’s control of its rights-of-way, local
programming, and customer service standards including PEG channel capacity, funding and
institutional networks (I-nets). Under current state law, local franchising authorities must adopt
agreements that are “no more favorable or less burdensome” with regard to area served, public,
educational and government (PEG) programming, and franchise fees. The City believes that no
case has been made for state-wide franchising. The State Legislature and Congress should
recognize and support increased flexibility in the exercise of local franchising authority in order
to encourage entry by competitive multi-channel video service providers, without giving unfair
advantage to one provider over another. Local franchising authorities need flexibility to take
advantage of opportunities to provide increased customer choice while requiring a measure
designed to prevent economic, racial or other discriminatory redlining or “cherry-picking” that
could result in creation of a “digital divide” within the community.
I. Metropolitan Council Governance
The 17-member Metropolitan Council has 16 members, who represent geographic districts
within the Twin Cities seven-county metropolitan area, with one member serving at large.
However, they are all appointed by and serve at the pleasure of the Governor and typically fall
within the current governor’s party affiliation. To provide a governance structure which is more
representative of our respective communities, local governments (cities and counties) should
be afforded an opportunity to provide input in the selection process for members who
represent our interest in regional planning efforts.
IJ. Street Improvement Districts
The City of Lakeville supports the authority of local units of government to establish street
improvement districts and supports changes to special assessment laws to make assessing
state-owned property a more predictable process with uniformity in the payment of
assessments across the state. Funding sources for local transportation projects are limited to
the use of Municipal State Aid (MSA), property taxes and special assessments, and cities under
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5,000 in population are not eligible for MSA. With increasing pressures on city budgets and
limited tools and resources, cities are finding it increasingly difficult to maintain aging streets.
Street improvement districts allow cities in developed and developing areas to fund new
construction as well as reconstruction and maintenance efforts. The street improvement
district is designed to allow cities, through the use of a fair and objective fee structure, to create
a district or districts within the city where fees will be raised but must also be spent. Street
improvement districts would also aid cities under 5,000, giving them an alternative to the
property tax system and special assessments.
JK. Targeting Property Tax Relief Directly to Individuals
The City of Lakeville supports targeting property tax relief directly to individuals as opposed to
direct aid programs like Local Government Aid (LGA), and believes that income, not property
value, is the most appropriate measure of "ability to pay" property taxes. Lakeville supports
additional property tax relief to those in greatest need by directing dollars to the circuit breaker
program from programs such as Local Government Aid (LGA). The circuit breaker income
adjusted property tax relief program provides direct assistance to those homeowners in
greatest need, whether or not those local homeowners reside in a city which receives direct
aids from the State. Lakeville believes that on a long-term basis the State should focus property
tax relief to individual taxpayers instead of local units of government. Such a program provides
equitable tax relief to all property tax payers in Minnesota.