Research Q of the Week: Help with the Minnesota Government Data Practices Act (3/20)

Question: A citizen requested copies of some city records, and staff isn't sure whether the information is public data. We've checked with the city attorney, who reviewed the law, but the answer is still unclear. What now?

Answer: Well, one of your city council’s options is to request a free advisory opinion from the Information Policy Analysis Division (IPAD).

The commissioner of the Department of Administration uses IPAD to issue non-binding, advisory opinions on questions about the Minnesota Government Data Practices Act. This includes questions about public access to data, the rights of data subjects, and the classification of data. For example, here’s a recent advisory opinion  addressing the classification of data a city maintained on driving offenses: (IPAD 13-013)

To request an advisory opinion:

• Send a letter or an email to the Commissioner of Administration, c/o IPAD at 201 Administration Building, 50 Sherburne Ave, St. Paul, MN 55155 or info.ipad@state.mn.us.
• State that you are requesting an advisory opinion.
• Explain the facts briefly and state the issue or issues that you want addressed.
• Provide copies of any related documents or correspondence, including citations to any relevant statutes, rules, or case law.

After receiving the request, IPAD will:

• Mail you a letter within five business days if it chooses not to issue an advisory opinion.  (The Commissioner has the right to refuse to issue an opinion.)
• Contact the city if more information is needed.
• Send the city a confirmation letter if your request is accepted.

For more information about cities and the Data Practices Act, see the LMC information memo, Data Practices: Analyze, Classify and Respond.

This blog post conveys general information. It’s not legal advice. Please check with your city attorney before acting on this information.

Spotted: Firefighters Staying Safe in Brutal Winter Conditions (Photo)

Perham-area firefighters were recently “spotted” by LMC’s Public Safety Project Coordinator Rob Boe.

In one of his recent public safety blog posts, Rob illustrates how 130 firefighters (representing 17 different departments) communicated, coordinated, and cooperated in well-below-zero conditions to safely battle a large warehouse fire.

Though the firefighters worked through the night to take down this massive blaze, not a single one of them was injured.

Fresh City Reads Available in March-April Issue of 'Minnesota Cities' Magazine

The March-April issue of Minnesota Cities magazine mailed this week to subscribers, and is available online for your digital consumption.

What’s inside? Take a look at these three highlights:

 Red Wing's Universal Playground, accessible to all children regardless of disability, opened in 2009. Some of the features include a rubber ground surface and ramps on some of the play structures. Looks like fun? You bet. Best of all, the park’s design features are also in compliance with the federal Americans with Disabilities Act (ADA). Is your city among those with parks and recreation facilities that are out of compliance with the ADA? You might be surprised to find out that there are low-cost ways to improve accessibility to your own city’s programs and facilities. Find out more in “Parks & Rec For All!”

The “Bring Your Own Device” (BYOD) trend is projected to grow as employees become accustomed to accessing work email, calendars, and applications from the myriad of gadgets available these days. In addition to concerns about security and protection of public data, BYOD also raises the issue of device-induced overtime. Learn what other cities are doing to incorporate BYOD while keeping networks, data, and budgets safe in “Technology Trends: ‘BYOD’ and the City.”

While initially hesitant, the city of Albertville is now a big fan of the free public works ergonomics survey and equipment inventory they received gratis through LMCIT.  They emerged with a list of equipment modifications that now assist employees in getting the job done safer and more efficiently. The review also provided data that the city needed to prioritize investments in safety, and it made applying for an OSHA Safety Grant a cinch. Check out an interview with Albertville’s city administrator, public works director, and city engineer (one guy, many hats!) to see how the process evolved in “Safety First—Review Helps City Reduce Risk.”

Do these subjects grab your attention? Check out LMCIT’s spring Safety and Loss Control Workshops. These $20 workshops are being held in nine different locations throughout the state! See the list of locations and more information here.

The Future of Cities: Two Great Reads to Get You Thinking

Still not convinced winter is over, despite daylight savings and all of the dripping and melting over the last few days? Neither are we. In that spirit, we thought we’d recommend a couple of great reads that will get you through until spring takes a firm and confident hold!

First up is For the Love of Cities by Peter Kageyama. In this book, Peter explores the love affair between people and their places. He delves into just what it is that makes cities lovable—and what motivates ordinary citizens to do extraordinary things for their places. Peter illustrates how some cities are using the passion of their people to fill in the gaps that “official” city makers have left as resources have disappeared.

In Nice Bike: Making Meaningful Connections on the Road of Life, Mark Scharenbroich demonstrates how being part of a community and experiencing a greater affiliation with others can improve your work and your life. The premise began when Mark accidentally stumbled on Harley-Davidson’s centennial celebration and noticed how two simple words—“nice bike”—embodied three important actions: acknowledging, honoring, and connecting with others.

So besides writing great books, what do these two authors have in common? They’ll both be keynote speakers at this year’s LMC Annual Conference! Peter will kick things off on Thursday morning, and Mark will wrap up at the closing luncheon on Friday.

Both For the Love of Cities and Nice Bike are available in paperback format and for Kindle readers. If you do buy a paperback, don’t forget to bring it and get it signed at the conference! In the meantime, enjoy the reads, and we’ll see you in June.

Research Q of the Week: Disappearing Fire Hydrants (3/6)

Question: If there’s one thing we’ve had plenty of this winter it is snow. Whose responsibility is it to remove snow from around fire hydrants?

Answer: Snow-covered fire hydrants are just another reason to look forward to a spring thaw. Accumulated snow can bury fire hydrants, making them hard to find and access in an emergency. Finding and digging out fire hydrants can take up valuable time during an emergency and divert firefighters from fighting a fire.

Yikes.

 There is no state law that addresses who is responsible for removing snow from fire hydrants. Some cities assign public works crews to remove snow from fire hydrants. Other cities simply do not have the resources to remove snow from what could be thousands of fire hydrants.

When that’s the case:

 • Cities may request by newsletter and on the city website that citizens remove snow from fire hydrants to protect their neighborhood.
 • Cities may establish an “Adopt-A-Hydrant” program where citizens volunteer to remove snow from specific fire hydrants in the city.

With consent from the volunteers, cities with Adopt-A-Hydrant programs might want to consider recognizing volunteers by featuring their names and the hydrant they have adopted on the city’s webpage or posting pictures of citizens with their adopted hydrants.

Whatever policy a city decides to adopt for removal of snow from fire hydrants, it is a good idea to document the policy and the reasons for it. This documentation will help protect the city if there is ever a legal challenge to the policy and the city’s response to fighting a fire.

Don’t forget, the League of Minnesota Cities Research Department can answer your questions about snow removal. Unfortunately, we can’t do anything about the weather.

This blog post conveys general information. It’s not legal advice. Please check with your city attorney before acting on this information. 

Surprise! It's Federal Law and Manufactured Home Zoning Law

The Planning and Zoning Pyramid of Discretion

Trailers, mobile homes, manufactured housing—whatever you call them, federal law regarding these abodes can create another potentially sticky situation for city zoning.

Once upon a time, it was up to a city to regulate whether mobile homes in their boundaries had building features such as a foundation or a minimum size requirement.

These were probably good ordinances to have at the time.

But since the 1970s, a federal manufactured home building code has been in force specifying how manufactured homes can be built, and along with that building code came protections in federal law.

Most notably, cities may not have zoning ordinance rules that apply only to manufactured homes and not to other types of residences. 

“Much like there are protections in law for religious institutions, there are also protections in law for manufactured housing,” says land use and loss control attorney Jed Burkett. “And much like with religious institutions, there were traditional zoning practices in place that often times may be inconsistent or in conflict with state and federal law today.”

Manufactured home parks

Manufactured home parks can be another area of confusion for cities. How cities can regulate manufactured home parks, which are licensed through the State Dept. of Health, has its own set of laws.

What's the most common hitch for cities? Under state statute, these parks can be considered a conditional use in zoning districts that allow multi-family housing. That means it would be wise for cities to address these parks in their zoning ordinances, says Burkett. And no, a city may not require manufactured homes to only be located in a manufactured home park.

Surprised? You’re probably not alone. “They are out there,” says Burkett of outdated ordinances. “That’s one of the reasons we continue to talk about this decades after this law changed.”

Here are a couple resources for cities that want to get it right:

•     Give the Manufactured Homes and Zoning memo a good read.
•      Register for the spring Safety & Loss Control workshops. This topic and other zoning issues impacted by complex federal law are the focal point of this year’s land use sessions.
•      Bonus: Have your city council and staff complete the Land Use Incentive Program online to save money if an LMCIT land use claim does occur.

Still have questions? Call Jed. “I’m always happy to talk to city folks about these issues,” says Burkett. “I’m available as a resource to them.”

Contact: jburkett@lmc.org (651) 281-1247 or (800) 925-1122.

Joint Legislative Conference 2014: Hashtag, You're It

When nearly 500 local government officials from cities, counties, townships and school boards got together last Thursday for the annual Joint Legislative Conference, there was bound to be some side discussion on social media commenting on policy, cooperation and the conference highlights.

In fact, League staff encouraged it!

LMC members helped identify conference discussion on Twitter using the hashtag #LMCleg. Meanwhile, staff uploaded photos on Twitter, Facebook and Flickr to share the experience with those who couldn't make it to Saint Paul.

Scroll through the Storify feed to see highlights from the social media conversation, and add your own comments below!

View the League's comment policy here: http://bit.ly/1k7wyE0