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Local Government

THIRTY-FIFTH MEETING

2005-2006 Regular Session - March 13, 2006

STATE OF MINNESOTA THIRTY-FIFTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FOURTH SESSION

LOCAL GOVERNMENT COMMITTEE

MINUTES


Representative Mark Olson, Chair of the Local Government Committee, called the thirty-fifth meeting to order at 12:38 P.M. on Monday, March 13, 2006, in Room 10 of the State Office Building.

The clerk noted the roll.

Members present:


OLSON, Mark (Chair)
LANNING, Morrie (V-C)
CHARRON, Mike
CORNISH, Tony
GAROFALO, Pat
HILSTROM, Debra
HOLBERG, Mary Liz
HORNSTEIN, Frank
HOSCH, Larry
LENCZEWSKI, Ann
MARQUART, Paul
PAYMAR, Michael
PETERSON, Neil
POPPE, Jeanne
SAMUELSON, Char
SCALZE, Bev
THAO, Cy
WARDLOW, Lynn


Member excused: ANDERSON, Bruce

A quorum was present.




CHARRON, Mike moved the Minutes of both the thirty-second and the thirty-third meetings, held on March 8, 2006, be approved as prepared by the clerk. THE MOTION PREVAILED.

Without objection the Minutes of March 9, 2006, were laid on the table.


HF2867 (Vandeveer) Incorporation provided and annexation prohibited in certain circumstances.

OLSON, Mark moved HF2867 be recommended to pass.

At the request of the Chief Author, OLSON, Mark moved to recommend HF2867 be amended as follows:

(see H2867A2 attached)

The Olson Motion Prevailed

The following provided testimony on and responded to the Committee’s questions regarding HF2867:

Representative Ray Vandeveer; Mel Mettler (8245 Broadway Av W, Forest Lake, MN, 55025-8816), Chair, Board of Supervisors, Elizabeth Mursko, Township Manager, and Dean Johnson, Township Planner, Columbus Township, 16319 Kettle River Blvd NE, Forest Lake, MN, 55025; and, Kent Sulem, Attorney, MN Association of Townships, 805 Central Av E, P.O. Box 267, St. Michael, MN, 55376.
Chip Robinson, City Administrator, City of Forest Lake, 220 Lake St N, Forest Lake, MN, 55025; Craig Johnson, Intergovernmental Relations Representative, League of Minnesota Cities, 145 University Av W, St. Paul, MN, 55103; Patricia Nauman, Government Rlations Specialist, Association of Metropolitan Municipalities, 145 University Av W, St. Paul, MN, 55103; and Kari Thurlow of Flaherty & Hood P.A., 525 Park St, Suite 470, St. Paul, MN, 55103, on behalf of the Coalition of Greater Minnesota Cities (same address).
Bill Griffith, Township Attorney, Columbus Township (address above).

At the request of the Chief Author, OLSON, Mark moved to recommend HF2867 be further amended as follows:

Page 1, line 13 after “473.121” insert “, on the effective date of this section”

Without objection the Olson Motion to amend was withdrawn.

The question reoccurred on the Olson Motion as amended to recommend HF2867 be amended and when so amended be recommended to pass. There being 8 ayes and 9 nays, THE MOTION DID NOT PREVAIL


HF2846 (Johnson, J) Eminent domain public use or purpose defined and modified, evidence for certain takings required, attorney fees provided, and other changes provided.

GAROFALO, Pat moved HF2846, the second engrossment, be recommended to pass and be re-referred to the Committee on Agriculture and Rural Development.

The following provided testimony on and responded to the Committee’s questions regarding HF2846:

Representative Jeff Johnson; Lee McGrath, Executive Director, Institute for Justice Minnesota Chapter, 1600 Rand Tower, 527 Marquette Av, Minneapolis, MN, 55402; Alyssa Schlander, Legislative Director, MN Auto Dealers Association, 200 Lothenbach Av, West St. Paul, MN, 55118; and Leland Frankman, 220 6th St S Suite 2000, Minneapolis, MN, 55402.

The Chair announced his intention to take at most one more hour of testimony, approximately equally divided between pro and con, on HF2846 when the committee reconvened.

Without objection the committee recessed to the call of the Chair.

Representative Mark Olson, Chair of the Local Government Committee, reconvened the thirty-fifth meeting at 4:35 P.M. on Monday March 13, 2006, in Room 10 of the State Office Building.

The following provided testimony on and responded to the Committee’s questions regarding HF2846:

Marc Manderscheid of Briggs and Morgan Professional Association, 332 Minnesota St, Saint Paul, MN 55101; Stephen Bubul of Kennedy and Graven Chartered, 200 6th St S Suite 470, Minneapolis, MN, 55402; and Keith Carlson, Executive Director, Minnesota Inter-County Association, 161 St. Anthony Av Suite 850, St. Paul, MN, 55103.

There was no further testimony, pro or con.

Without objection HF2846 and the Garofalo Motion were laid on the table.


HF3142 (Hoppe) Hennepin County regional park district provisions modified.

OLSON, Mark moved to recommend HF3142 pass and be placed on the Consent Calendar.

Representative Joe Hoppe provided testimony on and responded to the Committees questions regarding HF3142.

There being no further testimony , pro or con, the question re-occurred on the Olson Motion to recommend HF3142 pass and be placed on the Consent Calendar. THE MOTION PREVAILED


HF3169 (Seifert) Local government units prohibited from imposing fees related to students at postsecondary institutions.

OLSON, Mark moved to recommend HF3169 pass and be re-referred to the Committee on Higher Education Finance.

The following provided testimony on and responded to the Committees questions regarding HF3169:

John Corbid (Faegre and Benson LLP, 2220 Wells Fargo Center, 90 7th St S, Minneapolis, MN, 55402), on behalf of the Minnesota Private College Council, 445 Minnesota St Suite 500, St. Paul, MN, 55101; and Representative Marty Seifert.

The Chair called Representative Lanning to the Chair.

Also providing testimony on and responding to the Committees questions regarding HF3169:

Jordan Brant, Vice-President, Minnesota State College Student Association, 505 Como Av, St. Paul, MN, 55103, and also on behalf of the Minnesota State University Student Association, 106 Como Av, St. Paul, MN, 55103.

There was no further testimony, pro or con.

Representative Olson resumed the Chair.

CHARRON, Mike requested a roll call on the Olson Motion.

The question reoccurred on the Olson Motion to recommend HF3169 pass and be re-referred to the Committee on Higher Education Finance.

Those who voted in the affirmative:


CHARRON, Mike
CORNISH, Tony
GAROFALO, Pat
HILSTROM, Debra
HOLBERG, Mary Liz
HORNSTEIN, Frank
HOSCH, Larry
LANNING, Morrie (V-C)
LENCZEWSKI, Ann
MARQUART, Paul
PETERSON, Neil
POPPE, Jeanne
SCALZE, Bev
WARDLOW, Lynn
OLSON, Mark (Chair)


Those who voted in the negative:


PAYMAR, Michael
SAMUELSON, Char
THAO, Cy


There being 15 ayes and 3 nays, THE MOTION PREVAILED.


HF3079 (Abrams) Liability on claims brought against a municipality participating in a joint venture or enterprise limited.

OLSON, Mark moved to recommend HF3079 pass and be re-referred to the Committee on Civil Law and Elections.

At the request of the Chief Author, OLSON, Mark moved to recommend HF3079 be amended as follows:

(see A06-1182 attached)

Without objection, the committee waived Rule 6 as it applied to the Olson motion to amend.

The following provided testimony on and responded to the Committees questions regarding HF3079:

Representative Ron Abrams; Tom Grundhoefer, General Counsel, League of Minnesota Cities, 145 University Av W, St. Paul, MN, 55103; Curtis Yoakum, Policy Analyst, Association of Minnesota Counties, 125 Charles Av, St. Paul, MN, 55103; Kent Sulem (see above); and Grace Schwab (Suite 10, 1155 Centre Point Dr, Mendota Heights, MN, 55120) on behalf of the MN School Boards Association, 1900 Jefferson Av W, St Peter, MN, 56082.

The question reoccurred on the Olson Motion to amend. The Motion Prevailed.

There being no further testimony, pro or con, the question re-occurred on the Olson Motion as amended to recommend HF3079 be amended, and when so amended, pass and be re-referred to the Committee on Civil Law and Elections. THE MOTION PREVAILED.


Without objection the meeting was adjourned at 6:24 PM.


REP. MARK D. OLSON, CHAIR



Dave Easterday
Committee Legislative Assistant