1. No category

Safety First
Make your safety committee the best
it can be. PAGE 12
MINNESOTA
MAR
APR
2015
Virtual Engagement
Eagan residents get a live city budget
presentation in their own homes. PAGE 34
A PUBLICATION of the LEAGUE of MINNESOTA CITIES
Combating
VANDALISM
in City Parks
PAGE 8
MINNESOTA
MAR
APR
2015
8
Features
8
12
Combating Vandalism in City Parks
16
21
Bringing Diversity to City Boards
Turn Your Safety Committee
into a Super Committee!
4
New Approach to Great
Residential Development
Departments
3 As I See It
Protecting the Integrity of Elected Office
4 Bits & Briefs
LMC awards, environmental technical assistance for
cities, and more
12
7 Two-Way Street
What Is Your City’s Approach to Garbage Collection?
34 Ideas in Action
Eagan Engages Residents with Televised Budget Review
Legal Ease
22 Letter of the Law
Accommodating an Employee Disability:
Three Do’s and a Don’t
24 From the Bench
Attorney Fees: How Much Is Too Much?
Up for Discussion
29
On the web
Check out Minnesota Cities
online, where you can
add to the discussion by
posting your comments!
Visit www.mncities.org.
29 Ask LMC
16
What Is the Meaning of Pay Equity?
30 Let’s Talk
Highlights of the Affordable Care Act
MINNESOTA CITIES | MAR/APR 2015 | 1
MINNESOTA
From the
Northwoods to the
Southern Prairie
Volume 100, Issue 2
PUBLISHED BY
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League of Minnesota Cities
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• Education and Training
EXECUTIVE DIRECTOR
Jim Miller
BOARD OF DIRECTORS, 2014-2015
PRESIDENT
Dave Osberg
|
City Administrator, Eagan
FIRST VICE PRESIDENT
Steve Nasby
|
City Administrator, Windom
SECOND VICE PRESIDENT
Rhonda Pownell
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Tim Busse | Councilmember, Bloomington
Jo Emerson | Mayor, White Bear Lake
Elizabeth Glidden | Councilmember, Minneapolis
Debbie Goettel | Mayor, Richfield
Ron Johnson | Councilmember, Bemidji
Mike Mornson | City Manager, Hopkins
Carol Mueller | Councilmember, Mounds View
Heidi Omerza | Councilmember, Ely
Brian Scholin | Councilmember, Pine City
Charlene Stevens | City Administrator, Willmar
Chris Tolbert | Councilmember, St. Paul
EX OFFICIO
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Shaunna Johnson
LMC Past President
City Administrator, Waite Park
OF THE
Randy Wilson
CGMC Representative
Mayor, Glencoe
midwest
Brad Wiersum
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Jonathan Smith
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On the web
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Board meetings
and minutes, visit
www.lmc.org/board.
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EDITOR Claudia Hoffacker | [email protected]
At MSA, we’re INNOVATORS. An 8.3-million-gallon
sanitary sewer overflow tank hides in plain sight at the
City of Duluth’s popular Canal Park. Preventing pollution
while aesthetically enhancing the area – that’s the type of
innovative solution you can expect from MSA.
Duluth Office
(800) 777-7380
St. Paul Office
(866) 452-9454
www.msa-ps.com
ENGINEERING • SURVEYING • ENVIRONMENTAL • PLANNING • FUNDING
2 | MAR/APR 2015 | MINNESOTA CITIES
DESIGNER Kathryn Forss
REPRINTS Contact Claudia Hoffacker at (651) 215-4032 or [email protected] to request
permission to reprint articles. Minnesota Cities (ISSN-0148-8546) is published bimonthly for
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As I See It
Protecting the Integrity of Elected Office
BY JIM MILLER
A
s I write this, it soon will be Presidents’ Day. For many, it will probably
pass without much consideration,
but George Washington and Abraham
Lincoln may come to mind for some,
perhaps along with a few other presidents. I would be willing to bet, however, that Chester Arthur will not make
anyone’s list. Yet anyone in or aspiring to
elective office could learn a great deal by
studying our 21st president.
Much to the chagrin of many, Arthur
unexpectedly became president upon
the assassination of James Garfield.
Prior to that, his career was less than
laudable. His political base had been the
Republican machine of New York City,
where he had become collector of the
New York Customs House, a post that
doesn’t seem like much today, but at the
time, it was the largest single federal
office in this country.
The mid-1800s was a time of widespread political graft, corruption, and
patronage in government, and the New
York Customs House was no exception.
In fact, Arthur was forced to resign the
Customs House post under allegations
of personal corruption. He was not
Garfield’s choice for vice president, but
was essentially placed in that role in
order to placate the most powerful man
in the Republican Party, Roscoe Conklin.
Arthur was seen by everyone as his minion and as someone who would support
continuation of the spoils system, even if
Garfield wouldn’t.
And then, the unthinkable happened.
Arthur was suddenly president. Candice
Millard in her book Destiny of the Republic recounts one reporter’s observation at
this time of uncertainty: “Arthur appears
as a politician of the most ordinary
character, a man whose sole thought is of
political patronage, and a man who has
for his bosom friends and intimate companions those with whom no gentleman
should associate.” That sentiment was
apparently widespread.
Yet a remarkable change occurred
once Arthur assumed the presidency.
Defying the expectations of many that he
would continue as a puppet of the corrupt
Conklin, he became his own person. As
one Republican insider put it: “He isn’t
Chet Arthur anymore; he’s the president.”
Rather than protecting the spoils system,
Arthur signed the Pendleton Act, the first
major (and to this day important) civil
service reform legislation in this country,
and vetoed several anti-good government
pieces of legislation. He also supported the
country’s first immigration law.
Arthur’s radical about-face was
undoubtedly due to multiple reasons,
political as well as personal. Not surprisingly, he paid the political price as a oneterm president. Nevertheless, it seems
clear that he saw his obligation to protect
the integrity of the office of president
as a sacred trust. He realized that being
president was not a license to achieve his
personal agenda, but rather a responsibility to do what was best for all Americans.
The distinction between elected office
and the individual is not just something for presidents to bear in mind;
it is equally important for all holding
elective office. Some seem to believe
that their election certificate contains
the word “entitlement,” that by virtue
of being elected they now have a mandate that conveniently coincides with
their particular view of the world. Such
speculation may be partially valid, but
elected officials also have the unavoidable, overarching obligation to represent
those who didn’t vote for them as well as
those who did.
The elected official’s agenda
must never be confused
with the public’s.
Those elected officials who see their
job as focusing on realizing their own
beliefs and priorities, or as granting them
carte blanche in their decision making,
view their responsibility too narrowly and
simplistically. All elected officials have
an obligation to ensure they are applying their time and judgment in a way
that represents their whole constituency,
irrespective of the reasons that prompted
them to seek office. The elected official’s
agenda must never be confused with the
public’s nor should it ever be forgotten
which takes precedence.
In her book, Millard quotes then wellknown journalist Alexander McClure
as saying about Arthur: “No man ever
entered the presidency so profoundly
and widely distrusted and no one ever
retired … more generally respected.”
Thankfully, few people coming to elected
office will ever be identified with the first
part of this quote, but all should aspire to
have the last part said of them. MC
Jim Miller is executive director of the
League of Minnesota Cities. Contact:
[email protected] or (651) 281-1205.
On the web
Share comments about this
topic at www.mncities.org.
Click on “As I See It,” and post
your comments below the story.
MINNESOTA CITIES |
MAR/APR 2015 | 3
Bits & Briefs
FOR AN
DEADLINE:
M AY 1 , 2 0 1 5
Every day, Minnesota city officials
throughout the state do outstanding work that promotes
quality of life in our communities. The League of Minnesota
Cities honors these special
achievements each year with
the City of Excellence Awards
for city initiatives, C.C. Ludwig
Awards for elected officials,
and Leadership Awards for
appointed officials. This is
a great opportunity to
showcase the good
work your city and
its leaders have
done. The deadline
to submit entries
is May 1. Submit your entry today!
Learn more at www.lmc.org/awards.
available in cities by participating in Take Our Daughters
and Sons to Work Day on
April 23. It’s the 22nd year of
the program, and the theme
is “#MPOWR: Knowledge +
Choice = Strength.” Participating workplaces can find
a Coordinator’s Toolkit and a
Bright Ideas Guide on www.
daughtersandsonstowork.
org. Parents and their social
media-savvy kids can use the
Twitter hashtag #MPOWR to
share experiences with others
across the country.
Sleepy Eye
Attorney Retires
After 47 Years
PHOTO BY SLEEPY EYE HERALD-DISPATCH
Submit Your
Entry Today
LMC Award
Take Our Daughters
and
Sons to Work Day
Give the next generation an exclusive peek at the great jobs
While long careers can be common
in public service, Errol “Nip” Hauser,
Sleepy Eye city attorney and private
practice lawyer, stands out with 47 years of practicing law—35
of those years notched as city attorney of Sleepy Eye. He even
served on the Council prior to taking the position. In an interview with the Sleepy Eye Herald-Dispatch, Hauser said he has
seen communication evolve from written dictation to email, but
that face-to-face interaction is still always best. Hauser, who was
educated at Mankato State College and the University of Minnesota Law School, comes from a family of public servants and
law professionals reaching back to his grandfather, who started
a law practice in 1898, served as mayor of Sleepy Eye, and later
became a state representative. Hauser retired from his position
with the city and from his law practice at the end of 2014.
Five Cities Receive Local
Government Innovation Awards
The cities of Burnsville, Hopkins, Richfield, St. Louis Park, and St. Paul were awarded 2014
Local Government Innovation Awards in December. These awards recognize innovative
local government projects that demonstrate potential for lasting impact in local service
delivery. St. Paul was named the overall category winner with its Right Track Youth Career
Development Pipeline. Burnsville was spotlighted for its use of on-officer cameras; Hopkins
added to its trophy case with the Cottageville Park expansion; Richfield brought home
kudos for its Kids@Home rent assistance program; and St. Louis Park turned heads with its
Job Rotation Program. In addition to the cities mentioned, awards are also given to counties, school districts, and townships. To see the full list of winners, visit http://lgia.umn.edu.
4 | MAR/APR 2015 | MINNESOTA CITIES
Bits & Briefs
Offering a Safe Place for
Craigslist Transactions
The City of Conshohocken, Pennsylvania, is helping residents sell and purchase items
on Craigslist with a bit more peace of mind, reports Time magazine. Craigslist is a
network of regional online marketplaces that operates much
like a free classified section for communities. While buyers
and sellers usually complete transactions without incident,
Craigslist can also be exploited by those with criminal
intent. By offering up their parking lot and lobby as a place
to conduct cash transactions under surveillance, Conshohocken police hope to keep residents safe from criminal
exploitation when picking up some used patio furniture or
selling antiques. Similar measures have been taken in Hillsborough County, Florida, where residents can visit four of the police station’s parking
lots to engage in cash transactions.
Eden Prairie’s
20-40-15 Vision
LMC
TRAINING
& EVENTS
2015 Safety & Loss Control
Workshops
March 25–Mahnomen
March 26–Alexandria
April 1–Morton
April 2–North Mankato
April 7–St. Cloud
April 14–Rochester
In 2006, the City of Eden Prairie launched
the 20-40-15 initiative to increase its energy
efficiency by 20 percent and its fuel efficiency by 40 percent—all by 2015. The city
partnered with a consulting firm, McKinstry
Company, which guaranteed the city would recoup its costs through future savings.
While end-of-year data is still coming in, the city was on track to meet its goals by
the end of 2014. Big projects that contributed to the energy initiative included HVAC
replacements at city fire stations, an overhaul of the city ice arena, and a solar panel
array installation at the community center. Smaller projects, like switching to high-­
efficiency street lights and low-flow water fixtures, have also made a difference.
As for fuel efficiency, the city has used fleet reduction, staff training, and scheduled
vehicle replacement to reach the finish line. Compared to the base year of 2005,
the city now saves $1 million every four years in reduced energy costs. Learn
more at http://bit.ly/1C5043P.
April 16–Brooklyn Park
Retiree Environmental
Technical Assistance Program
June 24-26–Duluth
Cities looking to assess their energy efficiency and
jump-start sustainability projects can apply for help
from the Retiree Environmental Technical Assistance Program (RETAP) through the Minnesota
Pollution Control Agency. This state-funded program, launched in 2014, connects retired technical
and non-technical professionals with communities,
businesses, and organizations to provide free energy
efficiency and waste reduction evaluations as well
as assistance on short- and long-term sustainability projects. Cost savings on the assessment alone
can reach thousands of dollars for cash-strapped cities. Retired professionals looking
to stay active in their fields can also apply to be a RETAP consultant. Learn more at
http://bit.ly/1DMJcyN.
April 21–St. Paul
April 23–Grand Rapids
2015 Minnesota Mayors Association
Annual Conference
April 24-25–White Bear Lake
2015 LMC Annual Conference
June 24-26–Duluth
2015 Clerks’ Orientation Conference
On the web
Learn more about these
and other events at
www.lmc.org/events.
MINNESOTA CITIES |
MAR/APR 2015 | 5
38
3
5
9 8
1913
89
% OF SURVEYED ATTENDEES
SAID THE LMC ANNUAL CONFERENCE IS AN
EXCELLENT PLACE TO NETWORK WITH
CITY GOVERNMENT COLLEAGUES.
7
25
CHOOSE FROM
MORE THAN
EDUCATIONAL SESSIONS.
10
VOTED A
DULUTH! TOP
1
2
Registration
Open Now!
DIGITAL CITY BY THE CENTER
FOR DIGITAL GOVERNMENT. www.lmc.org/AC2015
100
’s
YOU +
=
830
OF CITY OFFICIALS
LEAGUE OF MINNESOTA CITIES
2015 ANNUAL CONFERENCE
LEAGUE OF MINNESOTA CITIES
It all adds up +
2015 ANNUAL CONFERENCE
J U N E 24 -26 • D U LU T H
Photo courtesy of Visit Duluth
Two-Way Street
What Is Your City’s Approach
to Garbage Collection?
JERRY FAUST
RENA WEBER
MAYOR
CITY OF ST. ANTHONY VILLAGE
CLERK-ADMINISTRATOR
CITY OF ROCKVILLE
St. Anthony Village (population 8,400)
approved a contract for organized garbage
collection last September, and it will take
effect in April. Organized collection is a
system where a single hauler serves the
entire city, or multiple haulers organize as a
group, and the city authorizes each hauler
to serve a specific area of the city. Having a single hauler had
been our goal for years.
The City of Rockville has a population
of just under 2,500, but in terms of land
area, it is a large city and encompasses 52
miles of roadway. Our City Council was
concerned about the impact of large, heavy
vehicles using the roads. Councilmembers
thought moving from open garbage collection to organized collection might be one way to reduce heavy
vehicle traffic.
New law paves way
Exploring options
In 2013 the Minnesota Legislature amended a law that allows
for organized garbage collection to occur without the acrimony of previous methodology. Pitting city against hauler,
and hauler against hauler, the old way did nothing to move
the issue forward.
The 2013 law allows for cities to lay out a set of city priorities, conduct exclusive negotiations with the existing haulers,
and, if the city accepts the existing haulers’ proposal, enter
into a contract with a length of three to seven years. If the city
rejects the proposal, the next step is to form a committee to
consider other methods of organized collection, including
using a single hauler.
We pursued this by first establishing our city priorities. This
helped us put our goals into measureable and definable terms.
Establishing trust
Next, the city manager notified all the haulers and convened
a meeting laying out the city’s intent. To say it was awkward at
first with the haulers may be an understatement, but during
the course of multiple meetings, trust was established, candid
dialogue emerged, and a proposal was developed.
The City Council, which did not attend the meetings with
the haulers, received a report in a public meeting. The councilmembers and I made our comments and asked the haulers
to come back with their responses. At this point, we were not
sure whether we would accept their revised proposal. If we
didn’t, that would have caused us to follow the required process to put out a request for proposal, and the lowest responsible bidder would solely be awarded the contract.
Surprising result
Much to our surprise, we reviewed the terms of the revised
proposal, conducted a public hearing, and approved one
contract with all the existing haulers. Most residents said we
should have done it sooner.
Organized collection is a stellar illustration of how we can
be environmentally responsible; save money; decrease road
wear; provide cleaner air, less noise, and safer streets; and
promote entrepreneurship. What a win for all!
In 2013, the Council adopted a resolution announcing our
intent to consider the new system. It was our understanding
that there were four different waste haulers serving our residents at that time.
An initial meeting with the waste haulers was held, and the
haulers reported that only two firms were serving the city.
So, the Council decided that organized collection might not
be necessary. Instead, the city would work with the two firms
on select days to pick up garbage. The resolution to organize
garbage collection was rescinded.
In the following months, it came to the Council’s attention
that in fact there were still four waste haulers serving the city.
Apparently, there had been some confusion. Rockville merged
with Rockville Township and the City of Pleasant Lake a few
years ago, so some haulers didn’t realize that they were serving
residents of the City of Rockville.
Task force formed
Since we still had four haulers, we formed a task force to
review this issue once again. At this point, it was basically
down to adopting an ordinance limiting the number of haulers, and the task force recommended that to the Council.
The Council weighed the pros and cons, and discussed
the fact that it is not only the garbage haulers who damage
the roads. Where do we stop? What is the most cost-effective
option?
Citizens have also called in voicing their concerns, both for
and against limiting the number of garbage haulers. Complaints range from taking away their freedom of choice to
limiting the hours of pick-up.
Working it out
Ultimately, the Council did not want to place unfair limits on
the haulers, so the City of Rockville remains with open trash
collection. We have been able to work out arrangements with
the haulers that we feel will ease the burden on our roads—
such as having all haulers pick up trash once a week on the
same day each week. MC
MINNESOTA CITIES | MAR/APR 2015 | 7
FEATURE
Combating
VANDALISM
in City Parks
BY MARISA HELMS
A
couple of years ago in Norwood
Young America (population 3,500),
leaders from the local VFW and
American Legion invested their time,
energy, and money to transform a
10,000-square-foot swath of city land
into a veterans memorial park.
The centerpiece of the new park was
an engraved granite monument in recognition of U.S. veterans.
But in June 2014, before the veterans
and city officials could hold a public
dedication ceremony for the monument,
vandals destroyed it. The heavy, 3-by-5foot granite plaque that read, “All Gave
Some, Some Gave All,” was tossed on its
side, cracked, and unfixable.
“People were very upset,” says Norwood
Young America City Administrator Steve
Helget. “Whoever did it wasn’t thinking
what the memorial was about, which was
recognizing the people and families who
have made sacrifices for their country. So
it was just disheartening for something
like this to happen in our community.”
City Councilmember Dick Stolz, who
is also a member of the local American Legion, has been instrumental in
Learn more about this topic at
the 2015 Safety & Loss Control
Workshops. Register at
www.lmc.org/safety15.
8 | MAR/APR 2015 | MINNESOTA CITIES
replacing the monument. “We’re not a
very big organization, and it took a lot
of time and money to make the park
improvements and build the monument.
We had just gotten it done—and then
it was smashed,” Stolz says. “It was very
frustrating and disappointing to see that.
But we expect to have the new monument up in the spring, and we want to
make even more improvements to the
park over time.”
Replacing the monument will cost
$6,000. Though charitable contributions
paid for the first one, Helget says the city
will pay a $5,000 deductible for its claim
filed with the League of Minnesota Cities
Insurance Trust (LMCIT), which will
cover the rest.
Nobody has been charged with the
monument’s destruction.
Helget notes that, like other cities he’s
worked for, Norwood Young America—
as small as it is—is still vulnerable to
sporadic park vandalism. In fact, no city
is immune from it.
Across Minnesota, park vandalism—
which includes graffiti, arson, and any
other type of property destruction—is
sadly predictable. City officials and
experts say park vandalism usually corresponds with the school calendar. So, just
as the perennial flora sprouts each spring
and summer to make our parks inviting
and green, vandalism can also take root,
marring the landscape and dampening a
town’s sense of safety and community.
A persistent problem
The best word to characterize the problem
of vandalism in Minnesota’s city parks is
probably “persistent,” says Paul Gladen, a
loss control expert with LMCIT.
Recent LMCIT data indicates that
claims for park vandalism have remained
pretty steady over the past few years.
LMCIT received 75 such claims in 2012,
53 claims in 2013, and 55 in 2014.
Open, safe spaces
Cities can also reduce their vulnerability
to park vandalism by making sure park
patrons are not able to do destructive
things unseen.
For example, a skate park located in
a back corner of a city park, away from
pedestrians and cars, is an open invitation to vandals. So, Gladen says, parks
should be well-lit and well-maintained
PHOTO BY BRE MCGEE
Since some park vandalism can seem
like minor horseplay, Gladen believes
there are even more cases of vandalism
out there that cities haven’t reported.
“Let’s say the park attendant sees that
the bathroom is trashed. He doesn’t see it
necessarily as a big deal, but that it’s just
going about his day-to-day routine, runof-the-mill stuff,” Gladen explains. “The
attendant then goes about fixing what’s
broken and the damage goes unreported.
I understand why they do that—because
it happens all the time. It’s not worth
putting in an insurance claim because it’s
below the city’s deductible, so they just
clean it up.”
Still, Gladen advises cities to carefully
track any acts—however small—that
could be considered vandalism, to
make sure the city has a good handle on
the problem. Perhaps an escalation of
destruction is afoot, requiring additional
measures, like more police patrols or
cameras in the park.
Gladen says park vandalism is often
committed by bored and sometimes
angry youth—from grade school to
teenagers, up to young adults in their 20s.
Vandalism can be an outlet to express
anger while not having to confront
anyone, Gladen notes. “Other motives for
park vandalism are revenge, defiance, or
acceptance into the group. Sometimes it’s
gang-related.”
While cities may not be able to fully
address or alleviate teen angst or boredom, Gladen does have a couple of
reminders for what cities can do to deter
vandalism in their parks.
Cities should be sure to have consistent park facility hours, so kids and other
patrons aren’t angry or resentful when
they find a closed door that should be
open, he advises. And the more programming and activities to engage youth, the
better. Whether it’s bike trails or skate
parks, cities can steer kids toward productive, instead of destructive, activities.
Norwood Young
America City
Councilmember
and American
Legion member
Dick Stolz
has been
instrumental
in replacing
the monument
to veterans
that vandals
destroyed.
Coping with arson in Plymouth
“We’re not a very big
While the City of Plymouth has successemployed many of Gladen’s strateorganization, and it took a lot fully
gies, the city nonetheless has experienced
several significant arson attacks in its
of time and money to make
parks over the years.
the park improvements and
In 1999, a play structure in Plymouth’s
Turtle
Lake Park was burned to a crisp
build the monument. We had
by arsonists. The cost to replace it was
just gotten it done—and then $26,500. In 2006, Plymouth’s Timber
Shores Park was hit twice. Arsonists
it was smashed. It was very
burned down an aging play structure
and a week later, another play
frustrating and disappointing to there,
structure in Timber Shores was also
burned to the ground. The cost to replace
see that.”
Dick Stolz, Norwood Young America City Councilmember
with good natural surveillance features
and good site lines from roadways.
To discourage graffiti, one method
Gladen suggests is planting vines on walls.
If a prime “tagging” wall is covered in
vegetation, graffiti can’t take hold. Also,
Gladen recommends planting hedges (the
pricklier the better!) in front of walls to
keep people with spray cans from getting
close enough to tag park property.
In addition, he stresses the importance
of getting the public involved in city parks.
The more the public uses the park, the
better. Whether it’s runners, basketball
players, or community groups, having
more people around to keep an eye on
things helps decrease a park’s vulnerability.
Lastly, when there is damage from vandalism, Gladen says it should be cleaned
up as quickly as possible. Restoring park
property effectively takes back city ownership, and reinforces awareness that it’s
the public’s territory, not the vandal’s.
both structures was $88,000.
And in August 2014, it happened
again. This time in Plymouth Creek Park.
The city had just purchased a new
playground structure to replace some
old, outdated equipment. A truckload
of all the new playground pieces sat
boxed up and unattended in the park,
awaiting installation.
It was a tempting sight for arsonists,
who torched the entire load.
“Everything that was flammable was
just done,” says Plymouth Deputy Director of Parks and Recreation Barb Northway. “The ground was also charred. Even
the paint on the metal posts that hold the
equipment had been all burned off. So, it
was just posts lying on the ground, with
the charred remains on top. It looked like
a house fire.”
The Plymouth Creek Park damage
added up to $80,000.
Plymouth City Manager Dave Callister says kids cried, and the commu(continued on page 10)
MINNESOTA CITIES |
MAR/APR 2015 | 9
Adopt-a-Park volunteers commit to regularly watching,
using, and sometimes even cleaning the parks in their neighborhoods. While Adopt-a-Park is not a patrolling program,
Callister says just having people walking through the parks
helps deter vandalism and keeps the parks clean and safe.
Plymouth police officers also patrol the parks during the
summer months. They typically show up in the late
afternoon until about midnight. On Saturdays and Sundays, officers make an appearance in the parks as “good
will ambassadors.”
Northway says she believes the city’s Parks & WrecTM
Vandalism Prevention Program is another strategy that is
having a positive impact on children. Since 2011, Plymouth police and parks officials have teamed up with area
schools to teach children about the problem and high cost
of vandalism in parks, and how to call 911 and report vandalism when they see it. (Learn more about this program
at www.lmc.org/parkswrec.)
Callister says from time to time, the City Council talks
about installing cameras in city parks. He says it’s an idea
that’s been at play for a while in Plymouth, but one that’s not
currently being seriously considered. Since there are over 50
parks in Plymouth, it’s a big decision to install cameras. Plus
someone would have to monitor them, notes Callister.
“Instead, we’re using the human element with
the park patrol and the neighbors,” adds Northway.
“They’re there all the time.”
PHOTO BY BRE MCGEE
nity was outraged by the crime. Many parents stepped up to
increase the pool of money for a $5,000 reward leading to the
arrest of the vandals.
Nobody has yet taken responsibility for the crime. The police
have a few leads, but are still investigating.
“It’s just a senseless waste of resources,” bemoans Callister.
Plymouth Parks and Recreation Deputy Director Barb Northway and City
Manager Dave Callister stand in the fully restored Plymouth Creek Park.
PHOTO COURTESY OF THE CITY OF PLYMOUTH
Filing a claim with LMCIT
Whenever your city is struck by an act of park
vandalism, LMCIT Claims Supervisor Jim Boonstra
says the most important thing a city should do is
contact the police. Claims should also be reported in
a timely way.
LMCIT members can file claims directly to
LMCIT or through an agent by phone, fax, or online.
Once a claim is filed, an adjuster will meet with the
city, and inspect and photograph the loss site to document the damage and determine what happened.
The adjuster will also obtain the police report and
any repair invoices related to the incident.
A contractor works to clean up the mess
If the Trust finds the incident to be a covered loss,
after arsonists completely destroyed
new park equipment in Plymouth.
it agrees on the amount and damage, and settles
the claim with the city. Generally, a city will have to
meet its deductible.
Boonstra says restitution from the responsible parties is
Despite these high-profile cases of arson in Plymouth parks
sometimes possible, which can help a city recover some or all
over the years, Callister says the city (population 73,000) is
of its deductible. That’s why timely police reporting and claims
below average in terms of most acts of park vandalism.
processing are critically important in vandalism cases.
“It’s a clean city and we keep a nice system of 53 parks that
“Cities need to be aware if vandalism is happening, and
report it to police,” says Boonstra. “The earlier the police start
are maintained and cleaned with great services,” says Callister,
investigating, the better a city’s chance to find the responsible
adding that the city has adopted several strategies to make its
parties and get restitution.” MC
parks less vulnerable to vandalism.
For starters, Callister says strong interdepartmental comMarisa Helms is a Minneapolis-based freelance writer.
munication and ongoing conversations with residents through
Plymouth’s Adopt-a-Park Program both help the city react
quickly to acts of vandalism if they occur.
Plymouth rallies its residents
10 | MAR/APR 2015 | MINNESOTA CITIES
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MINNESOTA CITIES |
MAR/APR 2015 | 11
FEATURE
TURN YOUR
Safety
Committee
We’re here because we care about the
impact a serious injury could have on
our own lives.
We’re here because this is our opportunity to voice concerns about the safety
of our workplace.
We’re here to be proactive and creative.
Find meaningful tasks
Numerous sociological studies have
correlated job satisfaction to a sense of
purpose. Most people assume that money
(and more money) is what creates high job
satisfaction. However, studies show that
more than high wages, employees value:
High levels of engagement.
Being inspired by their work.
Feeling that their work has a greater
purpose.
The day-to-day work of a safety
committee doesn’t often feel like it lends
itself to higher levels of inspiration and
purpose. In fact, some safety committee
BY RACHEL CARLSON
members report the opposite—that their
meetings are depressing, and people
come to the meetings prepared to simply
gripe about what is wrong. As a result,
engagement is low.
But safety committees can do importThe
people
on
the
ant
work—and should be steered in that
he goal of this
committee
were
likely
direction.
A rudderless, workless comarticle is to make
appointed
to
an
existing,
long-standmittee
will
often devolve into an arena
city safety committees seem
ing
committee.
Some
of
these
people
for
complaints.
Here are some important
less daunting and more enjoyable.
might
be
there
simply
because
their
boss
work
assignments
that the safety comI realize that’s a little like being the
informed
them
that
“It’s
your
mittee
can
tackle:
undertaker charged with putting the
turn.” The boss may have
Creating and reviewing job
“fun” in “funeral.”
added
under
his
or
her
hazard
analyses (JHA) and
The truth is that the safety committee
breath,
“And
thank
goodstandard
operating prois a part of your job as a city official that
Learn more
ness
it’s
not
mine.
”
cedures
(SOPs)
for safe
may not be the most fun item on your
about this topic
One
way
to
recharge
operations.
to-do list. I wish I could say I had some
at the 2015 Safety
a committee is to spend
Reviewing and
quick fixes. It’s a little bit more compliand Loss Control
some
time
talking
about
investigating
workplace
cated than bringing doughnuts and tellWorkshops. Register
why
we
are
here.
If
you
injuries
and
near
misses,
ing a few safety-related jokes. (Anybody
at www.lmc.org/
ask
the
members
of
your
and
making
suggestions
got any good ones anyway?) But I went
safety15.
committee, you may find
for improvement.
to a lot of safety committee meetings in
some
pretty
routine
answers:
Developing inspection
my former life as a city parks department
“We’re
here
to
listen
to
injury
routines
and checklists.
employee, and I learned a few ways to
reports,
”
or
“We’re
here
because
Creating
a safety education
make them more vital and interesting.
OSHA
[the
Occupational
Safety
program
for
the city.
Some of the following suggestions will
and
Health
Administration]
requires
us
to
Performing
inspections
and keeping
take some work, but I assure you, it will
be here.” While these answers are perhaps
records.
be worth it.
technically true, they don’t exactly inspire.
What is a job hazard analysis? A JHA
It
might
be
time
to
remind
the
memtakes
a larger task (such as changing a
Why are we here?
bers
of
why
you
really
are
there.
The
lawn
mower
blade) and breaks it down
Safety committees have been a workplace
conversation
can
be
guided
to:
into
specific
steps.
At each step along the
requirement for so long that there may
way,
safety
procedures
are dictated. For
not be many “founding members” of
We’re here because we don’t want our
example,
an
employee
may
be advised to
your safety committee around anymore.
co-workers to get hurt.
INTO A
Super
Committee!
T
12 | MAR/APR 2015 | MINNESOTA CITIES
put on hearing protection before testing equipment. JHAs set expectations
both for how a job will be performed to
standard, and the safety measures the
employee should take along the way.
Go out into the field
A safety committee does not need to
be confined to an office or spare board
room. Safety committees can play an
active role in performing workplace
inspections. This is a great way to get the
group interested and inspired.
Inspections get them out into the field,
allow them to meet diverse co-workers,
and increase their familiarity with the
city’s operations. Inspections are often
difficult tasks for line employees to tackle.
Getting the safety committee involved
can be a great way to fulfill inspection
requirements.
Get the right people
to participate
Minnesota OSHA requires that the city’s
safety committee represent a fair cross
Downtown Commons Project
City of Buffalo, MN
2014 ACEC Honor Award
section of the city’s job classes. This
means that public works, police and fire
(if the city has these operations), and
any enterprise activities (such as parks
and recreation, and liquor stores) should
participate as actively as possible.
The vitality of the committee is sapped
when its view is too narrow. Make sure
that everyone is attending and that problem-solving is occurring across all areas
of the city.
In addition, the committee should
have a good balance of management
and line workers. This balance gives the
committee the feeling that their concerns
are being heard by all levels of the organization. This is also a Minnesota OSHA
requirement.
Organization helps too
Minnesota OSHA also has certain
organizational requirements for safety
committees. These include:
Maintaining a roster of safety committee members.
Inspections get safety
committee members out
into the field, allow them to
meet diverse co-workers, and
increase their familiarity with
the city’s operations.
Having chairs and co-chairs.
Keeping minutes of meetings.
The agency also recommends that
meetings be monthly or at least quarterly.
While this level of organization does create more administrative work, it communicates to committee members the value
and seriousness of their work.
Does our city need a
safety committee?
Cities with 25 or more employees
(including the fire department) are
required by Minnesota OSHA to have a
safety committee. In addition, smaller
cities whose accidents—lost work-day
incident rates—put them in the top 25
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percent of premium rates for all classes are also required to have
a safety committee.
Even though it might not be required, all cities can benefit
from a safety committee. When accidents occur, getting
to the root cause of the accident can help the city plan
prevention measures for the future. Even if your city is
so small that it hasn’t had very many accidents, near
misses can be tracked and evaluated.
Sometimes a “near miss” or an “almost accident,”
is the best way to judge where a weakness in city
operations exists. A near miss with the forklift, for
The League of Minnesota Cities Insurance Trust (LMCIT) has a
example, might be a good indicator that employvariety of resources to help safety committees. First and foremost,
ees should sign up for safe forklift operation
your LMCIT field consultant is available to answer any questions
training. There is no need to wait for someone to
that arise during the committee process. In addition, LMCIT
get hurt to be proactive.
members have free access to the LMCIT DVD Library, which offers
Having another committee might seem like
videos on a multitude of safety topics. And members in cities with
a waste of time, but a safety committee can
populations under 30,000 can join a Regional Safety Group. This
definitely be worthwhile if approached in the
program helps smaller cities establish a regular safety trainright way. It’s a great way to prevent losses and
ing schedule and conduct safety committee meetings to
create a safe environment for your employees. And
ensure your city meets OSHA requirements. Finally, LMCIT
what’s more important than that? By engaging your
has two webinars on the topic of inspections. These
committee members in meaningful work and allowing
recorded webinars are available for you to view
them to connect with employees in the field, you can
at your convenience. Learn more at
turn your safety committee into a super committee! MC
www.lmc.org/safetyresources.
Safety
Committee
Resources
Rachel Carlson is loss control manager with the League of Minnesota Cities Insurance Trust.
Contact: [email protected] or (651) 281-1210.
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MINNESOTA CITIES |
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FEATURE
committees could also be a future goal,
she says.
BRINGING
Focus on appointed positions
DIVERSITY
TO CITY BOARDS
BY MARY JANE SMETANKA
E
PHOTO BY BRE MCGEE
ven in Minnesota’s most diverse
“We want healthy passion, but we do
the policy perspective too,” she says. “The
cities, people of color are few and far
question is, how do you make sure commubetween on powerful decision-maknities benefit from trends like development
ing groups like city councils. They’re
and gentrification? We want people to have
scarce on panels that help shape city
policies, too, including
commissions that make
recommendations
about housing and
human rights.
That’s where Nexus
Community Partners
is taking action. The St.
Paul nonprofit is working to give people of
color and members of
other underrepresented
groups the practical
skills and knowledge
to advocate for equity
as members of publicly
appointed boards and
Current BCLI Fellow Emilia Gonzalez
commissions.
Avalos speaks to a group of collegebound immigrants.
Directing energy
and passion
Nexus Community Partners’ Boards
and Commissions Leadership Institute
(BCLI) is now in its second year, and is
thought to be the only such group working outside California. Program Director
Terri Thao says the institute’s mission is
to give people who have passion for an
issue the skills to do more than point out
problems. It helps them to bring racial
equity analysis to the work.
People who want such training tend to
already be active in their communities.
But Thao says the institute can direct
their energies in a way that will help get
things done.
a seat at the table and be decision makers.
Our belief is that when we have trained
people, and they have connections, they’ll
be successful at being advocates.”
In BCLI’s first year, the program’s
emphasis was training residents of Minneapolis and St. Paul. For 2014-2015, more
cities in Hennepin and Ramsey counties
have been added, including Brooklyn Park
and Brooklyn Center, where a majority of
citizens are people of color.
Thao says that in the future, BCLI
may expand its geographic focus to train
people from more communities. Grooming someone to join the Metropolitan
Council and its many at-large policy
16 | MAR/APR 2015 | MINNESOTA CITIES
The seven-month program trains fellows
in issues tied to economic development,
health, housing, transit, and workforce
development. Fellows are nominated by
community organizations or program
graduates, and participants must name
the position they are seeking with a public board or commission.
Thao says the institute’s emphasis on
training people to serve their communities at the board and commission level is
intentional. Members of those groups are
usually appointed and can wield considerable power, making recommendations
that involve millions of dollars or key
policy changes. Yet they are often invisible
to the public and sometimes struggle to
find members. Thao says cities have called
her in a search for board candidates.
Cities are grappling with demographic
shifts, and how to make sure decisions
include those growing segments of the
population, Thao says. “There are tons
of candidate-training programs for city
councils and county boards. Our fellows
are more likely to get appointed than
elected. These are great places to do
implementation work. It’s not theoretical,
it’s hands-on. It’s a hidden level with lots
of power and resources that affect communities of color. This can be a launching
pad to run [for office], but for many
people this may be it.”
Building connections
Fifteen people are participating in
training this year. Nine of last year’s 12
fellows are serving on governance panels.
One of them is Maleta “Queen” Kimmons, a Minneapolis community leader
and organizer who has joined the city’s
Neighborhood and Community Engagement Commission, which advises the
Minneapolis City Council.
Long active in city affairs from voter
registration drives to negotiating gang
truces, Kimmons says Minnesota’s African American community lacks political
clout because it lacks connections. Fixing
severe economic and educational disparities means reaching out to allies and finding ways to get more African Americans
involved in decision making, she says.
The institute training helped Kimmons
become more strategic about her passion
Issue briefings and
practical training
Fellows get about 100 hours of training and
study from October through April, meeting
on Thursdays and Saturdays and completing online assignments together. Thursday
nights are for briefings about issues and are
open to the public; all-day Saturday meetings are for fellows only. On those days,
they get practical and technical instruction
like learning about affordable housing—
what it is, what the local context is, and
what the big issues are. Experts—including
MINNESOTA CITIES |
MAR/APR 2015 | 17
PHOTO BY MARY JANE SMETANKA
for fair housing policies and rights for
low-income people. Getting things
done, she says, means getting beyond
buzzwords to building connections, and
having the technical know-how to move
ideas from proposals to resolutions.
“Equity means opportunity to create
changes in housing, education, health
care, and jobs,” she says. Before, “we
didn’t know how to reach the people.
Now [African Americans are] going into
those rooms and being heard. The voices
aren’t being lost.”
Kimmons’ fellow 2013-2014 program
alumni include a Somali man who is a
senior policy aide to Minneapolis Mayor
Betsy Hodges; a new female member of
the state Chicano Latino Affairs Council;
and an American Indian woman who is
on St. Paul’s Human Rights and Equal
Economic Opportunity Commission. This
year’s fellows are aiming to join planning
and civil rights commissions, public health
advisory committees, public housing
authorities, and workforce councils.
PHOTO BY BRE MCGEE
legislators, people Part of an important discussion
from neighborEmilia Gonzalez Avalos is attending the
hood organiinstitute this year. She already serves on
zations, and
Richfield’s Human Rights Commission.
others—present
A prominent voice for undocumented
to and talk with
residents of Minnesota—Avalos came
the group.
to Minneapolis as a teenager to join her
There’s a sesfather, who left Mexico for a better job
sion on Robert’s
opportunity—she joined the Human
Rules of Order,
Rights Commission full of fire to shape
with a simulated discussions of race and opportunity in
meeting to prac- her adopted city.
tice those skills.
“There is still a very complex converA discussion of
sation about race that has not hit the city
workforce devel- and community in general,” she says. “I
opment issues
wanted to be part of the discussion.”
used the new
Institute training about how to promote
Vikings stadium solutions and how to talk about equity was
as an examhelpful, Avalos says, as was instruction
ple of how to
about Robert’s Rules of Order.
enforce equitable hiring. Another lesson
“I didn’t grow up in an environment
focused on designing a new multi-modal where we were taking up parliamentary
road, considering the impact on nearby
rules in the house,” she says with a laugh.
neighborhoods and the needs of drivers,
“But with these rules, you can develop
pedestrians, and bicyclists. There’s discus- strategies to move issues. Knowing that
sion about political styles and training on parliamentary process is instrumental.”
negotiation, persuasion, and leadership.
She says she was amazed and inspired
Such training can ease insecurity for
by other fellows and the institute staff.
Training is “practical, it’s strategic, it’s
newly appointed members of public comabout
creating community connections,”
missions, who may sit silent for months
as they try to master policy issues and
Avalos says. “This program is so innofigure out how things work. That unease
vative; it’s an opportunity to promote
solutions right in the hands of affected
can be even greater if someone is the sole
person of color in the group. Thao says she people. It speaks not only to their desire
hopes that when fellows
join a board, the training
they’ve had allows them
to hit the ground running
and participate in discussions and decisions with
confidence.
BCLI fellows are asked
to attend at least one
meeting of the group
they’re interested in joining, so they understand
what kind of commitment is expected.
Terri Thao (right) is program director and Angie Brown is program
“We want people to
associate for the Boards and Commissions Leadership Institute at Nexus
be clear that it is a lot of
Community Partners.
work,” Thao says. “We
to promote equity in the state, but to the
do a session on self-care and burnout.
big vision they have for the state.” MC
Especially with policy work, it can drag
out and people have to stick it out.”
Mary Jane Smetanka is a Minneapolis-based freelance writer.
When the program ends, alumni are
encouraged to stay in touch with institute
staff and each other as a type of support
group. They meet for quarterly lunches to
share insights and experiences.
BCLI alumna Maleta “Queen”
Kimmons takes part in a
meeting of the Minneapolis
Neighborhood and
Community Engagement
Commission.
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WHO SHOULD ATTEND?
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Continuing education credits/contact hours sought for:
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FEATURE
NEW APPROACH TO Great Residential Development
BY STEVE SLETNER, PE
T
he economy is steadily improving,
and people are investing in homes
again. As a result, developers are
more active. Suddenly that vacant land
on the edge of town looks more and more
like a potential asset to your community.
While residential land development
offers a great opportunity for a city to
expand its tax base, we know not all
developments are created equal. Some
sit vacant for months. Others fill up
immediately.
But why?
What is it that makes one development soar while another flounders?
What attracts residents to one city and
not another? Developers post-recession
are setting out to answer these questions
and create a new type of successful residential subdivision—a subdivision that
excites everyone involved: residents and
the city staff, commissions, and councils.
Start with a high standard
A residential development is a long-term
investment for the community. For most
developers, this involves taking a step back
and rethinking the goal of the finished
product and what consumers desire.
Rather than stick with development
patterns of the past, developers are going
back to the drawing board. They are
redesigning the layouts of the past to fit
the higher standards and expectations of
today’s residents and communities.
Maximize potential
There are infinite ways to design a subdivision. But which layout is right for your
site and community?
Every development must meet a wide
range of objectives in order to be successful. For a residential development, the key
lies in a subdivision layout that maximizes
the number of lots. While smaller lots are
good for the city and the developer, they
often make residents feel cramped.
What if you can create developments
with the same density, but less infrastructure? With new design techniques and
The redesign (at right) includes a
curvilinear design and exceeds the
code-required front yard setbacks. This
approach increases the number of lots,
eliminates corner lots and reduces the
amount of costly streets and utilities.
AFTER
BEFORE
philosophies, developers are finding that
on a typical site, they are able to serve the
same density as a conventional design
with significantly less infrastructure.
Identify space wasters
The primary methods for reducing infrastructure and arriving at the same desired
density include eliminating corner lots
through curvilinear design, exceeding
code-required front yard setbacks, and
designing so that as many lots as possible
front all streets on both sides. Corner
lots are the most expensive to build, are
typically the last to sell, and usually sell at
a lower price point.
Eliminating corner lots by reducing
unneeded intersections is step one. Step
two is to stretch the setback line along
the proposed streets to increase the
number of lots—with less street! Going
beyond the minimum front yard setback
allows this to happen.
Step three is simple. Why build local
and residential streets if no houses front
the street or only front it on one side?
An efficient design will have lots on both
sides of every street.
If you can identify these wastes of space
in the layout plans, then you can redesign
them in such a way that the design will
succeed on each of these levels.
Reap the benefits
The benefits of this change in the design
paradigm are multifold. First, it improves
the opportunity for both developers and
municipalities to build successful developments. For developers it is quite simple—it
creates a market advantage and reduces
upfront costs, which lowers risk.
For communities, the advantages are
a decreased life cycle maintenance cost,
including snow removal, while increasing
the lot numbers and valuation for greater
tax base.
Create a sense of place
It is easy to picture the typical subdivision: a grid of homes that don’t differentiate from one another. One that broadcasts “you have now entered the suburbs.”
But if you design with the end users in
mind, the development will automatically
attract home buyers.
Today’s successful developers recognize this trend. In addition, these developers are bringing with them a strong
desire to create more than just a community, but a sense of place for their future
residents. A place that attracts residents
who want and expect more. MC
Steve Sletner, PE, is a real estate development manager
with Short Elliott Hendrickson, Inc. (www.sehinc.com).
Short Elliott Hendrickson is a member of the LMC Business
Leadership Council (www.lmc.org/sponsors).
MINNESOTA CITIES |
MAR/APR 2015 | 21
Legal Ease | Letter of the Law
Accommodating an Employee
Disability: Three Do’s and a Don’t
BY LAURA KUSHNER
T
hink about your friends, family,
and co-workers. Do you know
someone with diabetes or
major depression? Someone who
has epilepsy or chronic back pain?
You probably know at least one
person with each of these conditions. And all of them are likely to
be covered by the Americans with
Disabilities Act (ADA) under the
right circumstances. It’s not surprising that most employers have
dealt with an ADA accommodation
issue at one time or another; unfortunately, employers tend to make
some common mistakes along the way. Here are four guidelines
to help you avoid such mistakes.
1
DO act only on professional medical guidance. Some of us grew up with Dr. Marcus Welby and
others with Dr. Doug Ross; no wonder we have a tendency to
diagnose medical conditions. Unfortunately, courts and juries
do not recognize a “TV MD” or an Internet site as a legitimate medical source. You need a real live doctor weighing
in with information about what the disability means for the
employee’s ability to perform the essential functions of the job.
Observations from a supervisor about an employee’s ability to
perform the job can be important, but they are not a substitute for a medical opinion. (Hint: If your city hasn’t developed
job descriptions listing the essential functions of the job, you
should work toward that. Call the League of Minnesota Cities
HR & Benefits staff for samples!)
2
DO make sure you engage in an interactive
process. The ADA requires that the accommodation
process be “interactive.” This means the employee should be an
active participant in deciding on accommodations, even if the
city ultimately decides upon a different reasonable accommodation. This can be as simple as sitting down with the employee to
talk about possible accommodations. What does the employee
need? Is it additional time off, frequent breaks, a reduced work
schedule, special equipment, a standing work station? Any of
these might be a reasonable accommodation depending on the
city’s ability to work with or pay for it. Keep an open mind and
be creative!
DO document and follow up. Documenting the
steps you took to determine whether you could accommodate an employee will be critical to defending against any lawsuits. It is also a great idea to follow up and monitor any accommodations granted by the city. In an ideal world, the city would
check in with the employee and his or her supervisor over time
3
22 | MAR/APR 2015 | MINNESOTA CITIES
to see how the accommodations
are going and whether you need to
make any changes. Depending on
the nature of the work restrictions
and provided accommodation, it
may not be a bad idea to request
updated medical information
from time to time to make sure the
accommodations are still appropriate and needed.
4
DON’T decide an
accommodation is not
“reasonable” without consulting others. Sometimes an
employer will jump to the conclusion that a requested accommodation is not reasonable. Before
doing that, you really need to think it through and consult with
an expert such as an employment attorney or someone at the
Minnesota State Council on Disability (www.disability.state.
mn.us). What might be a reasonable accommodation in one
environment may not be in another. As a general rule, the larger
the city and the more resources it has (staff, funds, etc.), the more
likely that requested accommodations will be seen as reasonable.
Let’s say your city has five employees: one city clerk, one
maintenance worker, and three police officers. The city clerk
needs nine months of leave to undergo two major surgeries
related to her disability and to recuperate from each one. She
will not be able to work at all during that time. Nine months of
leave may not be a reasonable accommodation for a city that
has no other staff to back the clerk up and no money in the
budget to pay for a replacement. However, in a large city that
employs a city clerk, a deputy city clerk, and several administrative staff, nine months of leave might be considered a reasonable accommodation.
And finally, don’t forget throughout this process to treat the
medical condition and accommodations as private information
and share it only on a need-to-know basis. Information may be
disclosed to managers when necessary to provide a reasonable
accommodation or to meet an employee’s work restriction,
but not to other employees. In fact, if co-workers ask about a
disabled employee’s accommodations, you may want to respond
by stating the city takes employment actions based on business
reasons and remind them of the laws requiring that personnel
information be kept confidential. MC
Laura Kushner is director of human resources with the League of Minnesota Cities.
Contact: [email protected] or (651) 281-1203.
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MINNESOTA CITIES |
MAR/APR 2015 | 23
Legal Ease | From the Bench
Attorney Fees: How Much Is Too Much?
W O R K E R S’ CO M P E N S AT I O N AC T
Attorney fees
An employer and its
insurer appealed, as
excessive, a $13,000 award
of attorney fees under the
Workers’ Compensation
Act—the maximum authorized. The employer and its
insurer also claimed that
the Workers’ Compensation Act’s statutory formula
for calculating attorney
fees is unconstitutional
because it violates separation-of-powers principles
by requiring the payment
of attorney fees that are not
subject to judicial review. The Minnesota Supreme Court held
that, as a matter of comity (courtesy), it would recognize the
Legislature’s statutory formula for calculating attorney fees for
workers’ compensation cases as presumptively reasonable, and
would not, absent exceptional circumstances, review whether an
award of attorney fees is excessive. The Supreme Court affirmed
the award of attorney fees, concluding that the employer and
its insurer had not identified any exceptional circumstances
that would overcome this strong presumption. David v. Bartel
Enterprises,
N.W.2d
(Minn. 2014).
ELECTION LAW
Bond referendum
Property owners appealed an administrative law judge’s
dismissal of their complaint claiming that the school district’s
board and its superintendent violated Minnesota Statutes,
section 211B.13 by inducing voters to vote in favor of a bond
referendum to finance the construction of a new school by
promising not to impose an excess levy if the referendum
passed. The statute provides that a person who willfully,
directly or indirectly, promises any money or other thing of
monetary value in order to induce a voter to refrain from
voting, or to vote in a particular way, at an election, is guilty
of a felony. The school district sent a letter to all of its voting
households informing them of the effect of the referendum
on their property taxes, as required by statute, and promising not to use its excess levy authority if the referendum was
successful. The Minnesota Court of Appeals affirmed and
held that the statute does not prohibit a school board from
informing property owners of the effect of a referendum on
24 | MAR/APR 2015 | MINNESOTA CITIES
their property taxes. The Court of Appeals reasoned that a
literal interpretation of the statute would lead to unreasonable
and absurd results because campaign promises are a feature
of most elections, and any candidate who promises to lower
taxes, reduce government expense, or improve government
services is promising voters something “of monetary value”
to induce them to vote in a particular way. The Court of
Appeals also noted that the school district had both a First
Amendment right and a statutory obligation to inform voters
of the consequences of the referendum. Yaggie v. Schmidt, 855
N.W.2d 769 (Minn. Ct. App. 2014).
LAND USE LAW
Special assessments
The city sued two developers for failing to pay the interest
that had accrued on special assessments for lots that had
not been sold. The developers admitted nonpayment but
claimed that they were not legally obligated to pay because
the development agreement did not impose personal liability
on them for the deferred special assessments or any interest
on them. Under Minnesota law, special assessments are a
charge against the
land and do not
generally create
Under Minnesota law,
personal liability
special assessments are a
for the landowner.
The district court
charge against the land and
ruled in the
city’s favor. The
do not generally create
Minnesota Court
of Appeals reversed
personal liability for the
and ruled in the
developers’ favor,
landowner.
concluding that
although a party
can contractually agree to be personally liable for
special assessments, there was no language in the
development agreement that unambiguously stated that
the developers agreed to be personally liable for the special
assessments. City of Paynesville v. Rutten, No. A14-0505
(Minn. Ct. App. Oct. 20, 2014) (unpublished opinion).
GOVERNMENTAL IMMUNITY
Official immunity
The county’s road maintenance crew closed a portion of the
highway to traffic for a one-day maintenance project by placing
a single barricade in the middle of the road at either end of
the closure with a “Road Closed” sign. This action complied
From the Bench | Legal Ease
with the county’s policy for short-term road closures, which
provides that when maintenance requires the closure of a lowvolume roadway for less than one day, the maintenance crew
must place a “Road Closed” sign in the middle of the road at
the nearest intersection point on each end of where the work
is to take place, but are not required to place advance warning
signs. When Spargur approached the road closure, a truck and
sudden rain obstructed her view, so she did not see the sign
in time to stop safely, and went off the road rolling her car
into a ditch. Spargur sued the county, claiming it negligently
failed to erect and maintain
Spargur sued the
adequate signage about the
road closure. The county
county, claiming it
moved for summary
judgment, claiming it
negligently failed to was entitled to vicarious
official immunity for the
erect and maintain
discretionary signage
decision. Spargur argued
adequate signage
that the signage decision
could not reflect the county
about the road closure. engineer’s discretionary
action because it was
contrary to the Minnesota
Manual of Uniform Traffic Control Devices (MUTCD). The
district court ruled in the county’s favor, and the Minnesota
Court of Appeals affirmed, holding that the county was entitled
to vicarious official immunity because Spargur’s lawsuit
essentially challenges the county’s signage policy, which reflects
the county engineer’s operational discretion. The Court of
Appeals noted that the MUTCD is a guide, not a mandate,
and does not preclude an official from exercising independent
judgment and discretion. Spargur v. Freeborn County, No. A140608 (Minn. Ct. App. Oct. 20, 2014) (unpublished opinion).
CONSTITUTIONAL LAW
Panhandling ordinance
The City of Springfield, Illinois, adopted an ordinance designed
to limit aggressive or threatening panhandling in its “downtown
historic district.” The ordinance defines panhandling as an oral
request for an immediate donation of money. The ordinance
does not prohibit asking for money to be sent later or using
signs to request money. Norton and
others were cited under this ordinance. They sued, claiming the
ordinance violates their First
Amendment rights and seeking a preliminary injunction
to prevent its enforcement.
The federal district court
denied the motion for an
injunction and held that the
ordinance is content-neutral
and is a lawful time, place, and
(continued on page 26)
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MINNESOTA CITIES |
MAR/APR 2015 | 25
Legal Ease | From the Bench
manner restriction of speech. Norton and the others appealed,
arguing that the ordinance was not content-neutral because it
distinguishes between requests for money now and requests for
money later. The 7th U.S. Circuit Court of Appeals affirmed,
holding that the ordinance is constitutional, but noting that
there is a split among other federal appellate courts on the question of whether similar laws are constitutional. Norton v. City of
Springfield, IL, 768 F.3d 713 (7th Cir. 2014). Note: The 8th U.S.
Circuit Court of Appeals (Minnesota’s federal appellate court)
has not addressed this issue.
PUBLIC EMPLOYMENT LAW
Civil service commission
Officer Peterson was not selected for a police detective position, and he sued, challenging the civil service commission’s
certification of its promotional eligible register. Peterson
claimed the commission violated state law by failing to properly
consider candidates’ “records of efficiency, character, conduct,
and seniority” when creating the register. Police civil service
law does not define “records of efficiency, character, conduct,
and seniority” or dictate the manner in which a commission
considers them. Peterson argued that the term “records” refers
to written documents and that the commission erred by making
its promotional decision without reviewing such written documents. The district court ruled in the commission’s favor, and
the Minnesota Court of Appeals affirmed, reasoning that under
the plainly broad language of the statute, “records” may take the
form of written documents or an oral account of this information, or some combination of the two. Peterson v. Richfield Civil
Service Comm’n, No. A13-2337 (Minn. Ct. App. Aug. 4, 2014)
(unpublished opinion). Note: The Minnesota Supreme Court
has agreed to review the Court of Appeals’ decision.
EMPLOYMENT LAW
Fair Labor Standards Act
Former employees who retrieved products from warehouse
shelves for delivery to Amazon.com customers sued under the
Fair Labor Standards Act (FLSA), claiming they were entitled
to compensation for roughly 25 minutes spent each day before
leaving the warehouse undergoing security screenings designed
to prevent employee theft. The federal district court dismissed
the complaint, but the 9th U.S. Circuit Court of Appeals
reversed and held that the time was compensable because it was
necessary to the employees’ principal work. The U.S. Supreme
Court unanimously reversed and held that the time the employees spent waiting to undergo and undergoing security screenings is not compensable, reasoning that the screenings were
not the principal activities the employees were employed to perform and were not integral and indispensable to those activities.
Integrity Staffing Solutions, Inc. v. Busk,
S. Ct.
(2014). MC
Written by Susan Naughton, research attorney with the League of Minnesota Cities.
Contact: [email protected] or (651) 281-1232.
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MINNESOTA CITIES |
MAR/APR 2015 | 27
water | transportation | municipal | facilities
If you set the bar at competence,
how do you reach excellence?
Celebrating four years of different.
Design with
community
in mind
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28 | MAR/APR 2015 | MINNESOTA CITIES
Rochester
St. Paul
St. Cloud
ApexEngGroup.com
Ask LMC | Up for Discussion
What Is the Meaning of Pay Equity?
Pay Equity
Q
Does the pay equity law require
that the city clerk earn more than
maintenance workers?
LMC Not exactly.
The law requires that
female-dominated job
classes are paid the same
or more than male-dominated job classes with
roughly the same job
evaluation points.
Female-dominated job
classes are those where
the majority of employees in the position are
female and vice versa
for male-dominated job
classes. Job evaluation
points are awarded to
each job based on the
knowledge, skills, and
abilities required to do the job.
Usually the city clerk position is awarded more points than
a maintenance worker position and, when the city clerk is a
female, it usually means that she must be paid more than the
maintenance workers, which are typically male-dominated job
classes. However, all of this depends on the individual positions within your city, what duties they perform, how many job
classes your city has, and many other factors.
For more information, see the LMC information memo,
Local Government Pay Equity Act: An Overview, at
www.lmc.org/payequity.
City Workforce
Q
I hear a lot
about the
aging of the
workforce. How are cities
being affected by this?
LMC
According to
data from the Public
Employees Retirement
Association (PERA) of
Minnesota, cities are
being greatly affected by the aging of the workforce. The data
shows how police and fire employees in PERA, as well as all city
employees together in PERA, break down into different age
categories. Overall, police and fire employees tend to be a bit
younger than city workers as a whole. Just 15 percent of police
and fire city employees are over age 50 while 39 percent of all
city workers are over age 50. When looking at the share of city
employees over the age of 40, slightly more than half (53 percent) of police and fire employees are in this category and twothirds (66 percent) of all city workers are in this category. Given
these numbers, cities should begin preparing for workforce
shortages and large-scale retirements. For help with this, see
the LMC information memo, City Workforce Planning Toolkit,
at www.lmc.org/wkforceplanning.
Regulating Firearms
Q
We have a bar in town where the employees carry
concealed firearms. Does the city have the option of
prohibiting this?
LMC
Assuming the firearms are carried lawfully, only the
owner of a private liquor establishment could stop its employees from carrying firearms into that establishment. Minnesota
Statutes, section 624.714,
subdivision 17 allows
private owners to ban firearms from their “private
establishments” by posting
a sign on each entrance.
The law does not allow a
city to require an owner to
ban firearms. Even if the
bar owner were renting
the building from the
city, it seems that the city
would have no authority
to prevent its tenant from
allowing firearms into the
business. A city’s authority to regulate firearms in
general is quite restricted.
According to Minnesota
Statutes, section 471.633,
the state Legislature has pre-empted cities from regulating firearms, ammunition, and any part thereof.
The one minor exception to this is that
cities may regulate the discharge of
Got questions
firearms within the city. MC
for LMC?
Send your questions to
[email protected].
MINNESOTA CITIES |
MAR/APR 2015 | 29
Up for Discussion | Let’s Talk
Highlights of the
Affordable Care Act
A DISCUSSION WITH
YVONNE JOHNSON, AREA VICE PRESIDENT WITH ARTHUR J. GALLAGHER & CO.
T
he federal Affordable Care Act (ACA) is causing confusion for many cities, which is not surprising given the many facets of this law. Minnesota Cities recently spoke with Yvonne Johnson,
area vice president with Arthur J. Gallagher, a firm
that provides consulting on health care benefits and
other business needs (learn more at www.ajg.com).
She addressed some of the various concerns cities
have when it comes to the ACA.
Minnesota Cities
What issue do you see cities struggle
Eric Willette
with most when it comes to the
Affordable Care Act?
Yvonne Johnson
The reporting
required under Sections 6055 and 6056
has caused the most concern because
of the lack of guidance. Regarding the
individual mandate, Internal Revenue
Service (IRS) Code Section 6055
requires employers providing minimum essential coverage to
report certain information to the IRS about this coverage and
who it is provided to. Where the employer mandate is concerned,
IRS Code Section 6056 requires large employers to report
information regarding the coverage offered to their employees.
Both Sections 6055 and 6056 also require statements to be
furnished to the individuals that are mentioned in the reports to
the IRS. (More about this later.)
MC What would you say to a city that, as a result of
the ACA, is thinking about getting out of the business
of providing group health insurance to its employees
altogether?
YJ Offering medical benefits is key to attracting and retaining
employees. Should a city decide to discontinue offering
coverage, wage increases would generally be the simplest
substitute in order to remain competitive as an employer.
MC Why can’t employers continue to reimburse employees
for individual health insurance policies under the ACA?
YJ
On Sept. 13, 2013, the U.S. departments of Labor and
Treasury issued guidance related to certain provisions of the
ACA and health reimbursement arrangements (HRAs), certain
health flexible spending arrangements (FSAs), and other
employer health care arrangements. This was further addressed
30 | MAR/APR 2015 | MINNESOTA CITIES
in guidance issued on Nov. 6, 2014. The prior guidance
explained that these arrangements and employer payment plans
(reimbursing or paying for individual premiums) are group
health plans that are a promise by an employer to reimburse
medical expenses up to a certain dollar amount.
The later guidance clarified that these arrangements are subject
to the reform provisions of the ACA, specifically the prohibition
on annual limits and the requirement to provide certain preventive services without cost sharing. These employer arrangements
will not violate these market reform provisions if integrated with a group health
plan that does comply. However, employer
health care arrangements cannot be
integrated with individual market policies
because of the dollar limit. The prohibition on individual policies applies to both
pre-tax and after-tax arrangements.
MC One aspect of the ACA that
could be problematic for cities is
referred to as the “Cadillac tax,” which
will take effect in 2018. Can you explain what that is?
YJ The cost of a health plan with single coverage that exceeds
$10,200 annually, or family coverage that exceeds $27,500
annually, will be considered a Cadillac plan beginning in 2018.
Cadillac plans will be subject to a 40 percent excise tax on the
value of coverage that exceeds the above thresholds. This tax
is imposed on insurers for insured plans and the employer for
self-funded plans. These coverage amounts also include, in
addition to the premiums, contributions to HRAs, health FSAs,
and contributions made within a cafeteria plan to HSAs.
MC What types of remedial action do you recommend to
your clients to avoid the Cadillac tax?
YJ Since the “value” of health coverage is based largely on the
premium amount, reducing that premium either through plan
design changes or managing claims costs, thereby reducing the
potential premium increases, is probably the first step. Educating
employees on the potential cost impact to cities is critical.
MC Will cities have to report anything to the federal
government regarding their plans’ coverage or contributions?
If so, what and when?
YJ On March 5, 2014, the IRS released two sets of final
regulations addressing information reporting required by the
Let’s Talk | Up for Discussion
ACA. The first set of final regulations—addressing Section 6055
reporting—applies to all entities providing minimum essential
coverage and requires them to report health care coverage
information to the IRS, as well as provide a statement to all
covered individuals. Entities subject to this requirement include
health insurance issuers and employers sponsoring self-insured
health care plans.
The second set of final regulations—covering Section 6056
reporting—applies to applicable large employers (ALEs), which
are generally employers with 50 or more full-time and full-time
equivalent employees. These ALEs must report health care coverage information to the IRS and provide each full-time employee
with a statement containing the same information. Both reporting requirements are important in administering ACA’s individual and employer mandates. Section 6055 reporting is needed for
the individual mandate; Section 6056 for the employer mandate.
These reporting requirements took effect in 2015, and require
action on the part of reporting employers. Actual reporting
begins in 2016. Learn more at http://goo.gl/SuOvtk.
other “rewards,”
such as benefits, to
“Cadillac plans will be subject
be competitive? A
to a 40 percent excise tax
benefit, specifically
health insurance,
on the value of coverage that
is one component
exceeds [certain] thresholds.”
of the total package
employees receive
in return for the job they perform. Cities need to look at
that total package to identify any gaps and opportunities for
improvement.
MC Has Gallagher seen any differences between how publicand private-sector employers have responded to the ACA? Are
there differences in the types of problems faced by both?
YJ Since the ACA uniformly affects most organizations, both
public and private, responses have been similar in that employers
are all dealing with new and onerous reporting requirements,
penalties, and added payroll and tracking modifications. Both
public and private organizations that deal with the union
environment, where labor is intricately involved in negotiating
benefits, have the added complexity of the ACA requirements on
one side and union demands on the other. In Minnesota, cities
are required to gain approval from unions when lowering the
aggregate level of benefits, so making changes to avoid Cadillac
taxes, for example, becomes a challenge.
MC How should a small city go about thinking through
its options when it comes to group health insurance for its
employees?
YJ Since cities with fewer than 50 full-time or full-time
equivalent employees are not subject to the employer shared
responsibility requirements and penalties, the focus remains on
long-term goals. How will they attract and retain employees?
Is their compensation competitive or do they need to provide
(continued on page 32)
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MINNESOTA CITIES |
MAR/APR 2015 | 31
Up for Discussion | Let’s Talk
MC More than 80 cities have taken advantage of the free
half-hour of consulting with Gallagher on health care reform
provided by the League for cities at no cost. Were there any
surprises for you in what you heard from these cities?
MC Where do you see the group health insurance market
going in the next five years as federal health care reform
becomes fully implemented, and what do you think it means
for Minnesota cities, large and small?
YJ I would say the biggest surprise was that so many cities
were unaware that the League has model plan documents
and summary plan descriptions (SPDs) for Section 125/129
cafeteria plans. In order for premiums to be paid pre-tax,
or contributions to a health FSA or daycare to be made on
a pre-tax basis, the employer must have up-to-date plan
documentation. The League recently updated these documents
to ensure ACA compliance. To receive a copy of the documents,
send your request to [email protected].
YJ We are already seeing a trend toward self-insuring and/or
new purchasing pools, and single employers using accountable
care organizations (ACOs) to help better manage care and
reduce costs.
In addition, many of our clients are migrating to, or at least
have shown a strong interest in, private exchanges and defined
contribution strategies. Defined contribution and private
exchanges offer employers a way to balance both the budget and
the need to offer flexible benefit offerings to employees. By implementing this type of strategy, costs can be managed, and employees still feel like they have a range of options available to meet
their diverse needs that are defined by different demographics.
Ultimately, the industry must improve how health care providers offer and deliver care by moving to performance- or evidence-based payments, and implementing integrated information systems to allow for more appropriate care. As consumers,
we will also have to change the way we think about care. Being
proactive with the medical community and questioning both
the care and cost should become the norm. Access to patient
information will be key. However, concerns about privacy need
to be balanced along with the “need to know.” MC
MC As someone who has attended open enrollment
meetings at cities for many years, do you see any trends in
attitudes about health care reform among employees? Are
attitudes changing?
YJ When talk of health care reform first hit the news,
employees were generally in favor of reform. The hope was that
reform would lead to lower health care costs. Unfortunately,
with the added ACA fees and taxes, employees are not seeing
costs go down. In fact, costs have generally continued to go up.
The bright spot for some employees is the elimination of preexisting conditions limitations, allowing some to gain coverage
that was not available to them before.
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Ideas in Action
Eagan Engages Residents
with Televised Budget Review
BY ANDREW TELLIJOHN
34 | MAR/APR 2015 | MINNESOTA CITIES
Public-private partnership
One advantage the City of Eagan has over some communities is
a public-private partnership with a local business. Eagan Television owns its equipment, but it’s housed in space provided by
local mass media and information firm Thomson Reuters Corp.
“We wouldn’t have
been able to afford this
nice of a studio,” says Jeff
Ongstad, studio supervisor with Eagan Television.
In exchange for the space,
the city does some of the
company’s internal video
shooting and editing.
Ongstad says Budget
Connect is great because
it provides a service for
residents of the city and
also allows the people to
get to know their elected
officials. “It gives people
a good understanding of
what is going on,” he says.
PHOTO BY JOANNA FOOTE, CITY OF EAGAN
T
he City of Eagan has been voluntarily hosting budget
“open houses” at City Hall for years. And while they always
received positive feedback about these educational events,
they’d really drawn more praise than people.
In fact, they had only seven people in attendance in their best
years—half the number
of city staff on hand to
host the event!
So a couple years ago,
city staff and elected
officials began brainstorming different,
more efficient ways of
dispersing the information. They ultimately
decided to experiment
with the technology of
live television, figuring
people might be more
willing to tune in to
watch, ask questions, and
learn from the comfort
of home.
The resulting Budget
Connect Virtual Open
House is an hour-long,
live broadcast shown on
Eagan Television (E-TV)
and streamed on the city’s website. Its first broadcast on Nov. 17,
2013, dramatically increased participation from residents.
“We knew in some fashion, for an hour, they’d be able to
learn something more—and they wouldn’t have to leave their
home or office,” says City Administrator Dave Osberg.
They received a dozen questions from residents during
the show, and city stats show that at least 50 watched the live
stream, seven times the number who ever showed up for the
on-site open houses. They did it again in November 2014 with
similar results.
After each live show, the entire broadcast was posted on
the city’s website, where more people watched additional
video features.
“It’s part of our DNA to try to get that information out. We
respect that people maybe don’t know the ins and outs of the
budget process, but they do have questions and things they have
observed,” says Eagan Communications Director Tom Garrison
Budget Connect Virtual Open House was the winner of a
League of Minnesota Cities 2014 City of Excellence Award.
Adriana Martinez, E-TV
volunteer, behind the camera
during the 2014 Budget Connect
Virtual Open House.
The agenda
During the open house,
Osberg, Finance Director
Tom Pepper, and Mayor
Mike Maguire provided information about the budget and
answered questions live from E-TV studios in an effort to educate people on how the city built its budget and what it might
mean to the city’s residents.
Virtual attendees sent questions via text, email, Twitter, and
Facebook. In 2013, questions included whether the Eagan
Community Center was drawing enough revenue to cover
costs, and how much the city spends on road maintenance.
City officials say residents not only asked more questions in
2014, but their questions were more specific. They asked about
the costs of constructing and maintaining the Cedar Grove
parking ramp built by the city, what is spent on snow removal,
what will happen to an empty water tower, and about whether
there will be another food truck festival in 2015.
In 2014, the open house agenda included a basic budget
overview, a discussion on the rationale of adding positions for
the police and fire departments, and a look at priorities for
purchasing equipment and facility enhancements.
This year, Garrison says, the show started with information
on the overall budget and capital plans, and then pivoted to the
future by looking underground at its pipes and infrastructure
Ideas in Action
PHOTO BY JOANNA FOOTE, CITY OF EAGAN
nize that there is no place to hide.
that will need to be replaced in
the future.
You want to make sure you are
“We weren’t coming in with
saying the right thing.”
necessarily any solutions on that
one yet, but saying ‘hey guys,
Building on a
some of this stuff in the city is
history of trust
starting to get older,’” he says.
Eagan was among the first cities
“We’ve tried to make the budget
to stream their City Council
much more understandable in
meetings on the web and was the
non-gobblety gook government
first to televise all Council work
speak. We tried to explain the
sessions and advisory meetings.
budget very simply—how taxes
So Budget Connect was less about
are calculated and where your
building trust between the city
dollars are going.”
and residents, and more about
In addition to presenting budenhancing it and finding new
get information and answering
ways to ensure that it commuquestions, city officials also crenicated important information
ate several educational videos,
about how residents’ tax dollars
and show those as time allows.
are being spent, Osberg says.
Over the two years, those videos
The success of Budget ConEagan staff members Josh Feldman, Crystal Couillard, and Dianne
have put Osberg and other city
nect does have city officials
Miller were behind the scenes monitoring resident questions during
the live broadcast.
officials on scene at several
considering ways to use Eagan
locations. One had him at the local community center driving
Television and other virtual strategies to explain additional city
a Zamboni and discussing various maintenance schedules.
issues to the public. In one recent instance, the city used a chat
Another involved discussing the usable age of city vehicles,
function on Facebook to allow people to interact with a natural
such as police cars, and how the replacement schedule affects
resources expert on pond and lake water quality. That has some
residents’ bills. Another had him at a park explaining the cost
potential to grow.
and replacement of play structures.
“We’d like to find a vehicle to extend the virtual format
beyond the budget,” Garrison says.
Second-year strides
Few gaffes, some laughs
While Osberg acknowledges that some of his outtakes on taped
interviews may have provided some chuckles, he, Ongstad, and
Garrison agree that there have been very few stumbles brought
on thus far by the live television format.
Ongstad says the presence of several staffers who used to
work in news has helped allay any problems. And Osberg and
Garrison credit staff working behind the camera for being
able to quickly research answers to questions the on-air talent
couldn’t immediately answer.
“The other thing that makes it go pretty smoothly is the mayor
does a nice job as host,” Osberg says. “The prospect of being on
live wasn’t foreign to any of us. We know when the lights come
on, they give you the sign that you are on and you’ve got to recog-
PHOTO BY JOANNA FOOTE, CITY OF EAGAN
The quality of the broadcast, the prepared interviews, and the
questions from residents were stepped up in 2014, evidence
that the public better understood and was more engaged in the
show, city officials say.
At the end of the 2014 show, Garrison says, questions were
coming in so fast that the show’s producers were scrambling
to keep up. Despite the fast pace, the show has pulled off both
years with few hitches.
“This is live television,” Garrison says. “There is no safety
net. Questions are coming in and you have to answer them.
That might make some jurisdictions nervous. We’ve taken the
approach that if we don’t know the answer, we’ll look it up and
get back to you.”
Osberg, Maguire, and Pepper on set during the 2014 Budget Connect Virtual
Open House.
When Eagan city officials are discussing these issues, Garrison says they sometimes invoke a quote from Howard Schultz,
the long-time leader of Starbucks.
“There’s a line we like,” he says. “‘The currency of leadership
is transparency.’ That’s what we’ve done and continue to do.” MC
Andrew Tellijohn is a freelance writer based in Richfield, Minnesota.
To view Eagan’s 2014 Budget Connect Virtual Open House, visit
www.cityofeagan.com/index.php/watch-video (use keyword
“budget,” then click on Budget Connect Virtual Open House).
MINNESOTA CITIES |
MAR/APR 2015 | 35
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