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special assessment law, Minn. Stat. ch. 429, <br />does not meet cities' financing needs <br />because of the benefit requirement. The law <br />requires a minimum of 20 percent of such a <br />project to be specially assessed against <br />affected properties. In practice, however, <br />proof of increased property value to this <br />degree of benefit can rarely be proven from <br />regular repair or replacement of existing <br />infrastructure such as streets or sidewalks. <br />Alternatives to the Minn. Stat. ch. 429 <br />methods for financing infrastructure <br />improvements are nearly nonexistent. <br />The Legislature has given cities the <br />authority to operate utilities for waterworks, <br />sanitary sewers, and storm sewers. The <br />storm sewer authority, established in 1983, <br />set the precedent for a workable process of <br />charging a use fee on a utility bill for a city <br />service infrastructure that is of value to <br />everyone in a city. Similar to the storm <br />sewer authority, a transportation or sidewalk <br />utility would use technical, well-founded <br />measurements and would equitably <br />distribute the costs of local infrastructure <br />services. <br />Response: The Legislature should <br />authorize cities to create, as a local <br />option, additional utilities such as a <br />transportation or sidewalk utility. Such <br />authority would acknowledge the effects <br />of repeated levy limits and the general <br />funding shift from the state to local <br />governments for building and <br />maintaining necessary infrastructure; the <br />benefits to all taxpayers of a properly <br />maintained public infrastructure; and, <br />the limitations of existing special <br />assessment authority. <br />LE-7. Development Disputes <br />Issue: State law is clear that fees collected <br />under Minn. Stat. ch. 462 are eligible for <br />judicial review in the event of dispute. The <br />Legislature recently limited the timeframe <br />during which an aggrieved party may <br />challenge planning and zoning fees to 60 <br />days after approval of an application. <br />However, the law is not clear about what <br />notice requirements to the municipality are <br />necessary, relative to the timing for a person <br />aggrieved by an ordinance or decision under <br />the municipal planning act to seek review. <br />Response: The Legislature should amend <br />Minn. Stat. § 462.361 to establish a 60- <br />day time limitation in which an aggrieved <br />person may bring an action against the <br />municipality. <br />LE-8. Foreclosure and <br />Neighborhood Recovery <br />Issue: Minnesota has experienced <br />significant numbers of mortgage <br />foreclosures. The number of sheriff sales <br />rose to a high of 26,000 in 2008. Although <br />the number of those sales has stabilized <br />somewhat since then, issues surrounding <br />community recovery are still ongoing. <br />The League of Minnesota Cities is <br />encouraged by the commitment in the 2013- <br />2015 Minnesota Housing Finance Agency <br />Strategic Plan, which prioritizes supporting <br />communities as they recover by focusing <br />agency resources to aid cities and support <br />investment in housing to restore quality of <br />life along with stable neighborhoods. <br />Cities dedicate scarce resources to address <br />public safety and maintenance challenges <br />associated with foreclosed and vacant <br />homes. Cities' revenues also continue to <br />decline due to delinquent utility payments <br />and property tax payments as well as added <br />cost for nuisance abatements. <br />Foreclosures also result in an unprecedented <br />number of vacant and abandoned properties, <br />making them a top concern. Left <br />League of Minnesota Cities <br />2015 City Policies Page 49 <br />