HomeMy WebLinkAboutItem 07
Date: Item No.
CITY OF LAKEVILLE
2018 LEGISLATIVE PRIORITIES
Proposed Action
Staff recommends adoption of the following motion: Move to approve the City of Lakeville 2018
Legislative Priorities.
Passage of this motion will result in the City publicly stating their position on a variety of state
and local legislative issues.
Overview
As the 2018 Minnesota State Legislature gets underway, there will be many legislative initiatives
and bills considered. The adoption of legislative priorities is intended to portray the City's
positions on a variety of issues and to communicate to Lakeville’s residents, legislators, county
and state officials, lobbying organizations and other interested parties Lakeville’s position on a
variety of significant legislative topics. The policies are divided into four categories including
transportation, local control/municipal revenue and taxation, economic development and
housing. In addition, the document includes an appendix that lists other initiatives the city is
monitoring during the legislative session.
Primary Issues to Consider
• How will the City Council and staff promote the City’s positions as stated in the policies?
Members of the City Council and staff will continue to be actively involved at the state and
local level attending meetings, discussing the policies and educating individuals and groups
about Lakeville’s various legislative priorities. In addition, copies of the legislative priorities
will be provided to our locally elected officials, the Governor’s office, our lobbying partners
and the local chamber of commerce.
Supporting Information
• 2018 Legislative Priorities
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Allyn G. Kuennen, Assistant City Administrator
February 5, 2018
n/a
City of Lakeville
2018 Legislative Priorities
Adopted: February 5, 2018
1
Table of Contents
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
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
J. Street Improvement Districts
K. Targeting Property Tax Relief Directly to Individuals
2
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: State and federal resources should be provided that will incentivize rail car storage
areas within industrial areas and outside of residential neighborhoods.
Background: An active but little used section of freight railroad track runs through the City
of Lakeville. The 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 is only used for the storage of inactive rail cars. Lakeville City
Council passed a resolution in 2009 requesting Minnesota's Federal Congressional
Representatives initiate legislative actions to address this issue and provide incentives to store
the cars within industrial areas. This action has the potential to increase development
opportunities within our industrial parks and addresses the concerns of our residential
property owners regarding safety and visual blight from storing rail cars within residential
neighborhoods.
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.
3
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.
Transportation
A. Relieve Congestion along I-35 through Lakeville
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
4
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
Position: The City of Lakeville supports State efforts to bolster financial resources needed to
address road, 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.
5
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.
6
B. Expansion of the Minnesota Investment Fund (MIF)
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.
7
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,
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.
8
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.
C. 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.
D. 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.
E. 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.
9
F. 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 to better facilitate
redevelopment and housing activities.
G. 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 opposed to 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.
H. 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, 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.
10
I. 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.
J. 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 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.
K. 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.