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Local Government

THIRTY-SIXTH MEETING

2005-2006 Regular Session - March 15, 2006

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

LOCAL GOVERNMENT COMMITTEE

MINUTES


Representative Morrie Lanning, Vice-Chair of the Local Government Committee, called the thirty-sixth meeting to order at 12:48 P.M. on Wednesday, March 15, 2006, in Room 10 of the State Office Building.

The clerk noted the roll.

Members present:


OLSON, Mark (Chair)
LANNING, Morrie (V-C)
ANDERSON, Bruce
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


A quorum was present.

The Chair noted the presence of the 9th graders from St. Louis Park Schools and welcomed them to the Committee.

HOLBERG, Mary Liz moved the Minutes of March 9, 2006, be approved as corrected by the clerk. THE MOTION PREVAILED.

Without objection the Minutes of March 13, 2006, were laid on the table.


HF2872 (Erickson) Political subdivision defined relating to state auditor and provisions applied.

LANNING, Morrie moved to recommend HF2872 pass and be re-referred to the Committee on State Government Finance.

The following provided testimony on and responded to the Committee’s questions regarding HF2872:

Representative Sondra Erickson; and Tony Sutton, Deputy Auditor, Office of the State Auditor, 525 Park St Suite 500, Saint Paul, MN, 55103.

There being no further testimony, pro or con, the question reoccurred on the Lanning motion to recommend HF2872 pass and be re-referred to the Committee on State Government Finance. THE MOTION PREVAILED


The Chair noted the presence of the 9th - 12th graders from St. Mary’s High School in Sleepy Eye and welcomed them to the Committee.

Representative Olson assumed the Chair.


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

Without objection HF2846 was taken from the table and was again before the committee.

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

Representatives Jeff Johnson and Paul Thissen provided testimony on and responded to the Committee’s questions regarding HF2846 and the various amendments as they were considered.

At the request of the Chief Author, CORNISH, Tony moved to recommend HF2846, the second engrossment, be amended as follows:

(see H2846A45 attached)

The Cornish Motion Prevailed.

At the request of the Chief Author, GAROFALO, Pat moved to recommend HF2846, the second engrossment, be further amended as follows:

(see H2846A41 attached)

The Garofalo Motion Prevailed.

At the request of the Chief Author, CORNISH, Tony moved to recommend HF2846, the second engrossment, be further amended as follows:

(see H2846A47 attached)

The Cornish Motion Prevailed.

Louis Jambois, Executive Director, Association of Metropolitan Municipalities, 145 University Av W, St Paul, MN 55103, offered comments and responded to the Committee’s questions regarding one or more of the prospective amendments.

HORNSTEIN, Frank moved to recommend HF2846, the second engrossment, be further amended as follows:

(see H2846A31 attached)

ANDERSON, Bruce requested a roll call vote on the Hornstein Motion.

HOSCH, Larry moved to amend the Hornstein Motion as follows:

Page 1, line 1.6 delete “or” and insert “and”
Page 1, line 1.16 delete “unsound” and insert “substandard”
Page 2, delete lines 2.11 - 2.20

There being 13 ayes, the Hosch Motion Prevailed

The question reoccurred on the Hornstein Motion as amended.

Those who voted in the affirmative:


LANNING, Morrie (V-C)
HORNSTEIN, Frank
HOSCH, Larry
LENCZEWSKI, Ann
PAYMAR, Michael
PETERSON, Neil
SAMUELSON, Char
SCALZE, Bev
THAO, Cy


Those who voted in the negative:


OLSON, Mark (Chair)
ANDERSON, Bruce
CHARRON, Mike
CORNISH, Tony
GAROFALO, Pat
HILSTROM, Debra
HOLBERG, Mary Liz
MARQUART, Paul
POPPE, Jeanne
WARDLOW, Lynn

There being 9 ayes and 10 nays, the Hornstein Motion Did Not Prevail

PAYMAR, Michael moved to recommend HF2846, the second engrossment, be further amended as follows:

(see H2846A25 attached)

The following offered comments and responded to the Committee’s questions regarding the Paymar Motion:

Lawrence Soderholm, Planning Administrator, City of Saint Paul, 1400 City Hall Annex, 25 4th St W, St. Paul, MN, 55102; and Peter Coyle (Suite 1500, 7900 Xerxes Av S, Bloomington, MN, 55431), on behalf of the Outdoor Advertising Association of Minnesota, PO Box 16030, Duluth, MN, 55816.

The question reoccurred on the Paymar Motion. There being 9 ayes and 10 nays, the Motion Did Not Prevail

SCALZE, Barb moved to recommend HF2846, the second engrossment, be further amended as follows:

(see H2846A36 attached)

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

Representative Mark Olson, Chair of the Local Government Committee, reconvened the thirty-sixth meeting at 4:44 P.M. on Wednesday March 15, 2006, in Room 10 of the State Office Building.

The question reoccurred on the Scalze Motion to recommend HF2846, the second engrossment, be further amended. The Motion Prevailed

LENCHEWSKI, Ann moved to recommend HF2846, the second engrossment, be further amended as follows:

(see H2846A1 attached)

Without objection the Lenczewski Motion Was Withdrawn.

HOSCH, Larry moved to recommend HF2846, the second engrossment, be further amended as follows:

(see H2846A40 attached)

Without objection the Hosch Motion Was Withdrawn.

HOSCH, Larry moved to recommend HF2846, the second engrossment, be further amended as follows:

(see H2846A42 attached)

ANDERSON, Bruce requested a roll call vote on the Hosch Motion.

Without objection the Hosch Motion Was Withdrawn.

PETERSON, Neil moved to recommend HF2846, the second engrossment, be further amended as follows:

(see H2846A34 attached)

Without objection the Peterson Motion Was Withdrawn.

CORNISH, Tony moved to recommend HF2846, the second engrossment, be further amended as follows:

(see HF2846A43 attached)

The Cornish Motion Prevailed.

LANNING, Morrie moved to recommend HF2846, the second engrossment, be further amended as follows:

(see HF2846A46 attached)

ANDERSON, Bruce requested a roll call vote on the Lanning Motion.

At the request of the motion’s author and without objection the following amendment to the Lanning Motion was adopted:

Page 1, line 4 delete “50” and insert “60”
Page 1, line 8 delete “50” and insert “60”

The question reoccurred on the Lanning Motion as amended.

Those who voted in the affirmative:


LANNING, Morrie (V-C)
HILSTROM, Debra
HORNSTEIN, Frank
LENCZEWSKI, Ann
PAYMAR, Michael
PETERSON, Neil
THAO, Cy


Those who voted in the negative:


OLSON, Mark (Chair)
ANDERSON, Bruce
CHARRON, Mike
CORNISH, Tony
GAROFALO, Pat
HOLBERG, Mary Liz
HOSCH, Larry
MARQUART, Paul
POPPE, Jeanne
SAMUELSON, Char
SCALZE, Bev
WARDLOW, Lynn

There being 7 ayes and 12 nays, the Lanning Motion Did Not Prevail.

HOSCH, Larry moved to recommend HF2846, the second engrossment, be further amended as follows:

(see HF2846A44 attached)

The Hosch Motion Prevailed.

HOSCH, Larry moved to recommend HF2846, the second engrossment, be further amended as follows:

(see H2846A49 attached)

Without objection the Hosch Motion Was Withdrawn.

LANNING, Morrie moved to recommend HF2846, the second engrossment, be further amended as follows:

(see H2846A35 attached)

Alyssa Schlander, Director of Government Affairs, Minnesota Auto Dealers Association, 200 Lothenbach Av, West St Paul, MN, 55118-3505, provided comments and responded to the Committee’s questions regarding the Lanning Motion.

Without objection the Lanning Motion Was Withdrawn.

PAYMAR, Michael moved to recommend HF2846, the second engrossment, be further amended as follows:

(see HF2846A48 attached)

There being 12 ayes, the Paymar Motion Prevailed.

PETERSON, Neil moved to recommend HF2846, the second engrossment, be further amended as follows:

(see HF2846A26 attached)

Keith Carlson, Executive Director, Metropolitan Inter-County Association, Suite 850, 161 St. Anthony Av, St Paul, MN, 55103, provided comments and responded to the Committee’s questions regarding the Peterson Motion.

ANDERSON, Bruce requested a roll call vote on the Peterson Motion.

The question reoccurred on the Peterson Motion.

Those who voted in the affirmative:


LANNING, Morrie (V-C)
HORNSTEIN, Frank
HOSCH, Larry
LENCZEWSKI, Ann
MARQUART, Paul
PAYMAR, Michael
PETERSON, Neil
POPPE, Jeanne
SCALZE, Bev
THAO, Cy


Those who voted in the negative:


OLSON, Mark (Chair)
ANDERSON, Bruce
CHARRON, Mike
CORNISH, Tony
GAROFALO, Pat
HILSTROM, Debra
HOLBERG, Mary Liz
SAMUELSON, Char
WARDLOW, Lynn

There being 10 ayes and 9 nays, the Peterson Motion Prevailed.

OLSON, Mark moved to recommend HF2846, the second engrossment, be further amended as follows:

(see H2846A22 attached)

Without objection the Olson Motion Was Withdrawn.

MARQUART, Paul moved to recommend HF2846, the second engrossment, be further amended as follows:

(see HF2846A38 attached)

The Marquart Motion Prevailed.

HOLBERG, Mary Liz moved to reconsider the Paymar Motion to recommend the H2846A48 amendment. There being 9 ayes and 10 nays, the Holberg Motion Did Not Prevail.

HORNSTEIN, Frank moved to recommend HF2846, the second engrossment, be further amended as follows:

(see A06-1201 attached with the following corrections:
Page 1, line 11 after “public” insert “uses or public”
Page 1, line 11 delete “reasonably necessary” and insert “needed”)

The Hornstein Motion Prevailed.

LENCHEWSKI, Ann moved to recommend HF2846, the second engrossment, be further amended as follows:

(see H2846A1 attached)

Without objection the Lenczewski Motion Was Withdrawn.

GAROFALO, Pat requested a roll call vote on the Olson Motion as amended.

The question reoccurred on the Olson Motion as amended to recommend HF2846, the second engrossment, be amended, and when so amended be recommended to pass and be re-referred to the Committee on Agriculture and Rural Development.

Those who voted in the affirmative:


OLSON, Mark (Chair)
ANDERSON, Bruce
CHARRON, Mike
CORNISH, Tony
GAROFALO, Pat
HILSTROM, Debra
HOLBERG, Mary Liz

HOSCH, Larry
MARQUART, Paul
POPPE, Jeanne
SAMUELSON, Char
SCALZE, Bev
WARDLOW, Lynn

Those who voted in the negative:


HORNSTEIN, Frank
LANNING, Morrie (V-C)
LENCZEWSKI, Ann
PAYMAR, Michael
PETERSON, Neil
THAO, Cy


There being 13 ayes and 6 nays, THE MOTION PREVAILED.


Without objection the meeting was adjourned at 7:30 PM.


REP. MARK D. OLSON, CHAIR


Dave Easterday
Committee Legislative Assistant