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01/09/2009 - City Council Special SPECIAL CITY COUNCIL MEETING TUESDAY JANUARY 13, 2009 5:30 P.M. EAGAN ROOM-EAGAN MUNICIPAL CENTER AGENDA L ROLL CALL AND ADOPTION OF THE AGENDA II. MEETING WITH EAGAN'S LEGISLATIVE DELEGATION III. OTHER BUSINESS IV. VISITORS TO BE HEARD V. ADJOURNMENT j Agenda Information Memo January 13, 2009 Special City Council Meeting II. MEETING WITH EAGAN'S LEGISLATIVE DELEGATION ACTION TO BE CONSIDERED: There is no formal action required. The purpose of this agenda item is to allow a dialogue between the City Council and the Eagan Legislative Delegation. FACTS: • The City of Eagan is represented by State Senators Jim Carlson, District 38 and Jim Metzen, District 39, along with State Representatives Rick Hanson, District 39A; Sandra Masin, District 38A; and Mike Obermueller District 3813. • The City Council has various opportunities to meet with members of the Eagan Legislative Delegation, including certain Senate and House committee meetings and regional breakfasts, such as the Chamber of Commerce Eggs and Issues Breakfast. • The City Council asked for the opportunity to meet with members of the legislative delegation at the very beginning of the 2009 Legislative Session. • In addition to the many legislative priorities the City of Eagan supports through its membership with the LMC, MLC, and Metro Cities, the enclosed list of legislative priorities and positions has been established to serve as discussion guide. This list is not intended to be comprehensive of every legislative issue important to the City; however, it does represent the more critical issues facing the City. • The Legislative priority memo was previously reviewed by the City Council at the January 6, 2009 regular Council meeting. It was noted at the meeting on the 6th that the handout would be provided to the Legislators at the January 13 workshop. • As of Friday, January 9, the City has received confirmation that Senator Carlson and Representative Obermueller will be in attendance on the 13th. In addition to the letter inviting the delegation members to the meeting, each legislator was contacted via e-mail and phone as well. ATTACHMENTS: • Enclosed on page c) is a copy of the letter that was sent to each member of Eagan's legislative delegation, inviting them to attend the January 13 meeting. • Enclosed on pages through 5- is the City of Eagan 2009 Legislative Priorities and Positions handout, intended to assist the Council as a discussion tool with the Legislators. City of aMike Maguire f Mayor December 22, 2008 . I I Paul Bakken Representative Mike Obermueller Cyndee Fields 3874 Danbury Trail Gary Hansen Eagan, MN 55123 Meg Tilley Council Members Dear Eagan Legislative Delegation: Thomas Hedges On behalf of the Eagan City Council, I would like to invite each of you to City Administrator attend the January 13, 2008 City Council workshop, at which the Council would like to dialogue with you about the issues and priorities the City has for the upcoming legislative session, which most notably include the concerns of the City with regard to the State's projected budget deficit. The City Council always appreciates the opportunity to meet with the Municipal Center delegation each year at the beginning of the session, and hopes that you will 3830 Pilot Knob Road each be able to join them on the 13th. The meeting will begin at 5:30 p.m. in Eagan, MN 55122-1810 the Eagan Room, which is located on the second floor of City Hall. i 651.675.5000 phone 651.675.5012 fax In order that we know who will be able to attend the Council workshop on 651.454.8535TDD January 13, please RSVP to Mira Pepper, Administrative Secretary/Deputy Clerk, at (651)675-5013 or mpepper@cityofeagan.co . Also, if you have any questions prior to,the start of the session regarding issues of importance to Maintenance Facility the City, please feel free to contact me at 651/675-5007. i 3501 Coachman Point Eagan, MN 55122 Sincerely, 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD Thomas L. Hedges City Administrator www.cityofeagan.com I l l The Lone Oak Tree The symbol of strength and growth in our community. i jll City of Eap City of Eagan 2009 Legislative Priorities and Positions The following requests and positions represent the Legislative priorities for the City of Eagan during the 2008 Legislative Session. In order not to duplicate what has already been provided to our Legislators, this list does not include every position on the issues that have already been addressed through policy documents set forth by the I League of Minnesota Cities (LMC), Metro Cities (formerly AMM), or the Municipal Legislative Commission (MLC). The City of Eagan respectfully requests the support of our Legislative delegation on the following initiatives: 2009-2010 State Budget and Impact on the City of Eagan • Eagan is proactively preparing for the loss of Market Value Homestead Credit (MVHC) in 2009. Legislatures must recognize that City services, including public safety, will likely be impacted by any further reductions to MVHC. • Eagan has maintained low property taxes and has been fiscally prudent for decades, and therefore strongly opposes any measure that would look to address the State deficit by taking money from cities' fund balances. • If the State further reduces LGA or MVHC from cities, then cities should be given the authority to levy back lost aid outside of the levy limits that have been imposed by the State. Transportation Secure funding sources to expand and maintain Eagan's transportation infrastructure. • Since 2000, the City of Eagan has spent $3.6 million of local funds on State Highway improvements and $5.8 million of local funds on County Road improvements, for a total of $9.4 million that has been diverted away from the City's local street needs. • The City of Eagan has a projected deficit of $42.1 million over the next 20 years for its Transportation Infrastructure Needs Analysis (TINA). Secure Funding for Proposed Ring Road • The Ring Road would provide relief to the intersection of Yankee Doodle Road (Co. Rd. 28) and Pilot Knob Road (Co. Rd. 31), which is the 2nd highest county road traffic volume intersection. • The Northwood Overpass was recently completed at a cost of $4.4 million of local funds, and the Duckwood Overpass and interchange is estimated to cost $11.7 million, which is well beyond the means of a local agency to be able to fund for a regional improvement. • Approximately $450,000 of the $1 million in Federal funding appropriated to the project has been used to design the Northwood Overpass. The remaining funds will be applied to the design costs of the DuckN pod Interchange. Land Use Consider Modifications for TIF Redevelopment Districts to Offset Affects of the Current Development Economy • The League of Minnesota Cities has adopted a number of Legislative Policies related to modifications of tax increment financing. I • In addition, the LMC TIF Task Force is discussing challenges presented to current and potential TIF districts (particularly redevelopment districts) resulting from the current financial and development markets. It will be important for cities to have greater flexibility to extend or modify existing TIF districts that are not able to proceed with new development to generate new tax base until markets stabilize and support new construction. • The Cedar Grove Redevelopment District faces many of the same development market challenges as other redevelopment districts in the state. The City does not intend to submit a request for special legislation for the Cedar Grove District during this session. However, if there are bills proposed for other districts that address issues similar to those at Cedar Grove, the City may request that the Cedar Grove District be added to the legislation. Support TIF for Businesses Producing IT Products • Current TIF law limits the establishment of Economic Development Districts to those situations that support the expansion of businesses and creation of jobs that manufacture a physical product. • An increasing number of businesses in Minnesota are creating software and on-line publications. The ability of Minnesota cities to support the location and expansion of such businesses will be vital to the state's competitiveness in current and future economies. • Eagan's recent experience with Thomson West's proposed expansion illustrated the point. While it was clear that the firm's expansion project would create substantial property fax base and a large number of head of household jobs, current TIF law did not recognize it as being the equivalent of manufacturing, which would have permitted the City to consider the formation of an economic development TIF district to support the project. • Instead, the City needed to pursue special legislation to request permission to apply the statute to Thomson. While not all information businesses create products comparable to manufactured goods, state law should be amended to create criteria under which production of information technology products may be defined as manufacturing for TIF purposes. Oppose Industry Efforts to Oversee Building Codes • The Minnesota Department of Commerce uses an effective system to consider the implementation of international building codes and amendments of codes specific to the Minnesota environment and economy. The Code adoption process provides ample opportunity for input from interested parties including the construction industry, building officials and the general public. • Recent legislative efforts by the industry to create "code councils" made up of industry representatives and intended to control the Code adoption process would tilt the process away from the public interest and toward industry interests rather than balancing those interests as the current system does. The City opposes these efforts. Provide Additional Tools to Minimize Impacts of Foreclosures • Like all cities in Minnesota and around the country, the City of Eagan is focusing efforts on monitoring vacan~and foreclosed properties and taking steps to minimize the impacts of vacancies on the properties themselves and their neighborhoods. • Cities will continue to need to use traditional and innovative tools to address this issue. In 2008, Legislation was enacted that requires private utility companies to share information regarding gas and electric shut offs with local units of government to aid in efforts to identify vacant or uninhabitable properties. Cities use this information as part of their database for and monitoring those properties for maintenance issues and to minimize vandalism and theft. I I • To build on the value of the utility shut off notice requirement, the City would also support legislation that would authorize water shut offs to properties whenever cities receive information from other utility companies that would suggest that the home is not heated. • In addition, the City would support similar legislation that would obligate the owner of a property that is in foreclosure or vacant for any reason to provide contact information to the City that would permit prompt attention to matters that arise through property monitoring programs, including the need to secure buildings, the need to keep them in good repair during vacancies, the need to remove trash and maintain yards, etc. Telecommunications Broadband • State Task Force: two representatives on the State Ultra High -Speed Broadband Task Force. Their report and recommendations are not due back until November of 2009, but should legislators have questions, we would be happy to be a resource, given that Mr. Rick King of Thomson Reuters is the Chair and Eagan Communications Director Tom Garrison also serves on the Task Force. More information on the Task Force's work can be accessed at anytime at http://www.ultra-high-speed-nm.orw • Mapping: The findings from a separate study authorized last session to map broadband availability statewide are due this February. Legislation may or may not be drafted once the 'fmdings are known. Important factor to keep in mind are: While supportive of bringing broadband services to un-served areas statewide, we have had testimony from Eagan residents, small businesses, and home-based businesses believing we are under-served (even though we have two providers) because of the unavailability of synchronous two-way ultra high-speed broadband and concerns over the affordability of the higher speed services that are available from current providers. If legislation is suggested as a result of the mapping bill, Eagan would appreciate the opportunity to help bring local feedback to bear on the issue. Cable TV & Franchising • While there is no legislation on statewide cable franchising yet, there could be, depending on the results of the U of M study of the impact of statewide franchising on cities and PEG operations in other states. The legislatively authorized study is due to be presented to the legislature by February 1. It is important to note that emerging evidence of the 10 states that have gone to statewide franchising shows that the laws have not resulted in new entrants to the market or lowered prices. The statewide approach has also allowed existing providers to get out from under their franchise obligations, thus leaving customers with no local dispute resolution process, basic rate protection, or protection of the public rights of way. i