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HomeMy WebLinkAboutCity Council Packet 06-19-1995 SpecialPLYMOUTH CITY COUNCIL SPECIAL COUNCIL MEETING MONDAY, JUNE 199, 1995 7:00 P.M. City Council Chambers I. Joint meeting with Planning Commission to discuss Downtown Plymouth planning efforts II. City Computer System M. Private Streets DATE: June 15, 1995 TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager SUBJECT: Special Council Meeting --Downtown Plymouth The Downtown Plymouth consultant is still finalizing their report and presentation for Monday evening. Thus there is no staff report for this item this afternoon. 440 as ociation of me ropo itan municipalities BULLETIN DATE: June 14, 1995 TO: Mayors, Managers/Administrators, Legislative Contacts FROM: Vern Peterson, Roger Peterson, Cheryl Budewitz RE: 1995 Legislative Summary Enclosed is a Policy Narrative and Policy Success Report which provide a summary wrap- up of the 1995 Legislative Session and the issues affecting AMM cities. Approximately two-thirds of all AMM policy was either fully or partially accomplished during the session. Of the 64 total AMM action policies: 33 were passed or upheld fully (52%); 8 were partially accomplished (13%); 17 were not discussed or the issue did not pass the fust committee (27%); 6 failed (9%). 3 V 3490 lexington avenue north, st. paul, minnesota 55126 (612) 490-3301 to* association of metropolitan municipalities 1995 Legislative Session CONTENTS I. METROPOLITAN LIVABLE COMMUNITIES ACT ........................................ 1 Tax Base Revitalization Fund (1) Livable Communities Demonstration Account (1) Local Housing Incentives Account (3) Met Council Reports (4) Miscellaneous Provisions (4) II. OMNIBUS TAX BELL.......................................................................................... 4 Local Government Aid & Homestead Credit Aid (4) Aid Distribution & Service Delivery Study (4) Board of Government Innovation (S) Class Rate Change (S) Transit Zone CII Tax Rate - Metro Area (S) Property Tax Refund as Deduction on Tax Statement (6) III. TAX INCREMENT FINANCING (TIF)*.......................................................... 6 LGA/HACA Penalty Option (6) Soils Condition District (7) Hazardous Substance Subdistrict (7) Pooling (8) But For Test (8) Annual Disclosure - Reporting & Enforcement (8) Clean-up Cost Recovery - Extension of District (9) Economic Development Districts (9) Parcels not Included in Districts (9) Special Laws (10) IV. TRANSPORTATION.........................................................................................10 Highways (10) Transit (10) Noise Regulations (10) V. METROPOLITAN LAND PLANNING ACT .................................................... 11 VI. ZONING ISSUES - PROCESS TIME...............................................................12 VII. 800 MHz RADIO SYSTEM..............................................................................13 VIII. ECONOMIC DEVELOPMENT & HOUSING FINANCE* ......................... 14 Development of Trade/Economic Development (DTED): Budget (14) Department of Economic Security: Budget (15) Minnesota Housing Finance Agency (MHFA): Budget (15) IX. ISSUES NOT PASSED IN 1995........................................................................16 Housing as a Regional System (16) Codification of Regional Blueprint (16) Land Stewardship Land Use Planning Bill (16) Direct Election of Met Council Members (16) Property Tax Rate Freeze (16) Municipal Bond Interest Taxation (17) Beg for Your LGA/HACA (17) School Property Tax Constitutional Amendment (17) Municipal Tort Liability Increase (17) Gas Tax & Transit Funding (17) Special thanks to Publicorp, Inc., for its summary contributions. 1) METROPOLITAN LIVABLE COMMUNITIES ACT S.F.1019, Laws 1995, Chapter 255) This act establishes the Metropolitan Livable Communities Fund under the jurisdiction of the Metropolitan Council. Under the act, three separate accounts or programs are established with each account having specific purposes and specific revenue sources. Please see graphic on page 2) City participation is voluntary. However, if a city does not participate in the Local Housing Incentives Account, it is not eligible for funds from the three accounts or the pollution clean-up fund, which is administered by the Department of Trade and Economic Development (I)TED). The Met Council will establish criteria and guidelines for the Livable Communities Fund and the grants and loans process, as well as an annual plan for distribution of the funds and an annual usage report. Tax Base Revitalization Fund Grants for polluted land clean-up will be issued in the metro area. The Met Council will set priorities for the use of the funds if there are a great number of requests. Grants will be awarded for qualified sites that provide the highest return in public benefits. No more than half of the funds can go to a single city and no more than 75 percent to projects in fust -class cities. Cities may use the grants for the local match requirements for projects funded under the DTED contamination clean-up grant program. The local match payment is reduced to 12 percent (was 18 percent) of the clean-up costs. Livable Communities Demonstration Account The Met Council may levy a property tax equal to 50 percent of the Metropolitan Mosquito Control District (MMCD) levy for taxes payable in 1995, indexed for market growth. The account will receive an annual HACA payment equal to 50 percent of the current MMCD HACA payment. Grants and loans will be provided to participating cities for projects that meet specific guidelines. The projects should: Interrelate development or redevelopment and transit; Interrelate affordable housing and employment opportunities; Interrelate development or redevelopment that mixes incomes of residents; Intensify land use that leads to more compact development; Encourage public infrastructure investments which connect urban neighborhoods and suburban communities, as well as provide project area residents with opportunities for private sector employment. 1995 Policy Narrative s Metropolitan Livable Communities Fund Tax Base Revitalization Account Revenue Source Right of Way Acquisition Fund Mega Mall fiscal disparities surcharge Approx. $5-7 million per year Purpose: Polluted land clean- up for C-1 redevlopment Eligible applicants: Counties Cities participating in incentive account Livable Communities Demonstration Account Revenue Source HACA payment equal to 50% of MMCD payment Mosquito Control District levy (50%) Approx. $4.5 million per year for grants) loans Purpose: Develop incentives to implement Council's policies and act Eligible apvlicants: Participating cities Local Housing Incentive Account Revenue Source Local tax levy based on portion of home stead base Council bond proceeds and levy 1.5 million per year in matching grants Purpose: Expand affordable housing in cities Cities negotiate with Council for housing goals 2 1995 Policy Narrative Local Housing Incentives Account A city has until November 15 of each year to decide to participate or not. If a city does elect to participate, it is eligible to receive grants and loans for pollution clean-up and demonstration projects, as well as matching funds from the local housing incentives account. The Met Council may give consideration to a city's participation in the local housing incentives program when making discretionary funding decisions. The following is an outline of the process once a city opts to participate: 1) January 15, 1996. City negotiates affordable and lifecycle housing goals 2) July 1, 1996. City develops an action plan. 3) July 1 of each year. County calculates municipality market value base amount and funds available for the local housing incentives account. 4) Met Council notifies city of its affordable and life -cycle housing opportunities amount. The amount is the lesser of the following: Four percent of the residential homestead value x local tax rate; Residential homestead value in excess of the market value base amount (2 times average) x local tax rate. 5) City uses local funds and available Met Council funds to meet its goals. 6) If a city has not met its goal and not spent 85 percent of its affordable and life cycle housing opportunities amount in the previous year by 1998, it may: Distribute the funds to the Met Council to put in the local initiatives account; Distribute the funds to the city or county HRA to create housing opportunities; City may join together with adjacent cities to provide housing opportunities. Cities must match the Met Council funds dollar -by -dollar. The Met Council must give priority to cities that: Receive less from fiscal disparities than it contributes by more than $200 per household; Demonstrate that the project will link jobs to housing; Provide matching funds from sources other than the affordable and life -cycle opportunities amount. If a city elects not to participate for some years, but then elects to participate, the municipality must establish what it agrees to spend on affordable and life -cycle housing, or agree to distribute to the local housing incentives account. 1995 Policy Narrative 3 This amount is equivalent to what it would have spent on affordable and life -cycle housing had goals been established under this section for the period in which it was not participating. The Met Council will determine which investments count toward the required cumulative amount by comparing the municipality to participating municipalities similar in terms of stage of development and demographics. Met Council Reports The Met Council must file an annual report with the Legislature outlining the participating and non -participating cities, as well as an annual comprehensive report card on affordable and life -cycle housing in the metro area by city. In addition, a report must be filed with the Legislature by Jan. 15, 2003 which includes the funds accounts and how they were used. Another report must be filed by Jan 15, 1996 describing the probable development patterns in the metro area by the year 2020. Miscellaneous Provisions The starting time for the city of Bloomington to begin repaying the fiscal disparities pool for interest on highway bonds sold in conjunction with the Mall of America is delayed. Also, the 1:1 housing replacement of low income housing for first-class cities is repealed An urban homesteading program is established to encourage higher income persons to buy homes in areas that are in transition toward blight and poverty. Income tax benefits will also be provided to eligible persons. II) OMNIBUS TAX BILL HY.1864, Laws 1995, Chapter 264) Local Government Aid/Homestead Credit Aid (Article 8, Section 15) Homestead and Agricultural Credit Aid (HACA) was reduced by $16 million in 1996 for cities, counties, towns and special districts. The city share of the reduction is slightly less than $8 million. The cut is for 1996 only and the HACA will be restored in 1997 unless the Legislature acts next year to make the cut permanent. The reduction is limited within individual cities to .45% of the 1995 net tax capacity, which will benefit a few very property -poor cities. Aid Distribution and Service Delivery Study (Article 8, Section 22) The Legislative Commission on Planning and Fiscal Policy is directed to establish a subcommittee by July 1, 1995 to study: 1) Alternative methods of distributing general-purpose aids to units of local government. 2) Approaches to maximizing the efficiency and effectiveness of local government and Cities and counties shall provide information and analysis as requested within 60 days of the request. If the city or county fails to comply, the subcommittee may recommend that the Legislature impose a financial penalty. The subcommittee report is due Feb. 1, 1996 and will make recommendations for reform in aid distribution and government service delivery systems. Ironically, this provision creates an unfunded mandate with the threat of a penalty to supply unspecified data and analysis. Whereas Sections 2 and 23 create a major study of unfunded mandates and their necessity! Board of Government Innovation (Article 8, Sections 2 & 23) Of the HACA cut, $2 million is allocated for the Board of Government Innovation and Cooperation for 1996 and 1997. Fifty percent of the funds go for aids to cooperating and combining local government units. The remainder is for general grants. A number of changes were made to the application and grant process to ensure that grant funds are needed and not merely replacements for another existing resource. Finally, the board is directed to do a major assessment and study of unfunded state mandates, their impact, inconsistencies or contradictions and relevancy. A report with recommendations is due Jan. 15, 1996. Class Rate Change (Article 3, Section 10) Three property class rates were changed. They will have a small impact and will only create minor property tax shifts: 1) Seasonal Recreation Property - Non-commercial: For taxable value under $72,000, the rate changes from 2% to 1.9% for taxes payable in 1997 and 1.8% in 1998. The value in excess of $72,000 remains at 2.5%. 2) Manufactured Home Parks: The class rate will remain at 2% for 1996 and thereafter, rather than increasing to 2.3%. 3) Certain Apartment Property: Class rates for apartments in cities with populations of less than 5000 that are outside the seven -county metro area or the nine contiguous counties and that are more than 15 miles from a city with a population over 5000, will be reduced to 2.3% from 3.4% for taxes payable in 1996 and thereafter. Transit Zone C/I Tax Rate - Metro Area (Article 3, Sections 9 & 27) Provides that a transit zone is the area within one-quarter mile of a bus route which has certain specified hours of service within the metro urban service area. If construction funds are committed to a light rail transit route, that route shall be considered to be a transit zone. Also provides that the Met Council is responsible for maintaining a detailed map of transit zones and providing the map.to all assessors in the metro area. The initial maps will be produced by Jan. 1, 1996. Any class 3A commercial/industrial structure, constructed under an initial building permit issued after Jan. 2, 1996, located in a transit zone and within a school district, and not primarily used for retail or transient lodging purposes, shall have a four percent class rate on its market value in excess of $100,000. (The current class rate on that property is 4.6%.) The four percent rate shall also apply to any new improvements added under an initial building permit issued after Jan. 2, 1996, to an existing qualified commercial/industrial structure located in a transit zone. These changes are effective for the 1997 assessment, taxes payable in 1998. Property Tax Refund as Deduction on Tax Statement (Article 4) The regular circuit breaker and special targeting property tax refunds for homeowners will be deducted on the taxation notices. Money will be paid by the state directly to county treasurers and be a permanent open appropriation. 1998 is the first year of the new payment method, with 1997 as a transition year. III) TAX INCREMENT FINANCING (TIF) HY.1864, Laws 1995, Chapter 264) The Omnibus Tax bill includes an economic development article (Article 5) that contains several TIF amendments. The amendments include: LGA & HACA Penalty Option A major issue surrounding the legislative TIF discussion has been the issue of local accountability. The imposition of the LGA/HACA penalty has been viewed as a means to illustrate local and state financial impacts of TIF. The Legislature has been reluctant to grant exemptions from LGA/HACA without imposing such measures as a local share, a housing development requirement or county board approval of district. The 1995 Legislature adopted a provision that permits a city to choose to pay a local share for a portion of the district costs. The details of the local share are the following: The amount of the local contribution must be made out of unrestricted money (general fund, tax levy, or a federal or a state grant of authority or municipality); The local contribution may not be made, directly or indirectly, with TIF or developer payments; The local contribution must be used to pay project costs and cannot be used for: 1) general government purposes; 2) Improvements or costs that the municipality planned to incur. 6 1995 Policy Narrative The municipality or authority may request contributions from the other local government entities that will benefit from the district's activities. The contributions count toward the local share. If the state contributes to the project costs through a direct grant or similar incentive, the required local contribution is reduced by 50% of the amount of the grant or incentive. The authority must annually submit a report regarding its local share to the commissioner of revenue. The amount of the local match is based on the type of the district. The authority or municipality must: Elect at the time of district approval to use the option, In each year make a qualifying contribution equal to: 1) About 10% of the increment for an economic development, housing or renewal and renovation district. 2) About 7 1/2% of the increment for a mined underground space district, redevelopment district, hazardous substance subdistrict or soils district. The maximum contribution for all districts in the municipality is 2% of the city's net tax capacity. The local option is effective for new districts and those certified after June 30, 1994. The city must choose for districts certified prior to July 1, 1995, if it will use the option or pay the penalty. The choice must be made by Dec. 31, 1995. Soils Condition District The soils district has been amended to limit the district to the presence of hazardous substance, pollution or contaminants that require removal or remedial action. Tax increment from the district may be used only to: 1) Acquire parcels; 2) Pay for the cost of removal or remedial action; 3) Pay for administrative costs, including the action response preparation costs. Hazardous Substance Subdistrict A hazardous substance subdistrict is defined in the definition section by a cross-reference to the references in 469.175 subdivision 7. An extended subdistrict is defined to be a hazardous substance subdistrict, but only after the overlying TIF district has been terminated. 1995 Policy Narrative 7 The definition of captured value in a hazardous substance subdistrict and not an extended subdistrict is the amount by which the original net tax capacity of the portion of TIF district overlying the subdistrict exceeds the original net tax capacity of the subdistrict. In other words, during the dual district period, the captured value is the difference between the base values. Pooling The amount of an increment that can be expended outside a non -redevelopment district is reduced to 20%. The new percentage will apply to districts for which the request for certification was made after June 30, 1995. But For Test The "but for test" has been expanded to include a market value analysis. The analysis must show that the market value of the site attribution to development not receiving TIF assistance would be less than the increase on market value estimated to result from the proposed TIF development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the plan. The market value test does not apply to qualified housing districts. Annual Disclosure - Reporting & Enforcement The amendments regarding annual disclosure reporting, as well as enforcement of the act, transfer duties and responsibilities from the Department of Revenue to the state auditor. The major components of the amendments are: The annual disclosure statement must report the mount of the increment paid to other government bodies, the amount paid for administrative costs, and the amount of the increment spent outside the district. If option (a) is selected for fiscal disparities, the report must indicate the amount of the property tax increase. The annual financial report must include the amount budgeted and expended for the following additional categories: 1) Parking facilities, streets, roads, sidewalks; 2) Public park facilities, facilities for social, recreational or conference facilities. The reporting requirements are extended to pre -1979 districts. In addition to the individual district reports, the city must report to the state auditor for the entire municipality the following: 1) Amount of any payments and the value of in-kind benefits, such as physical improvements and the use of building space that are financed with TIF and are provided to another governmental unit during the preceding calendar year. 8 1995 Policy Narrative Clean-up Cost Recovery - Extension of District An authority may, with the approval of the municipality, extend the duration of the district beyond the statutory limits if the following circumstances apply: After the district's establishment, contaminants, hazard substances or other materials are found in the district; The authority elects not to create a hazardous substance subdistrict; The municipality pays for clean-up from the general fund or other non -TIF revenue. If the district qualifies under the three factors, the district can extend the duration the lesser of: 1) Ten years after the district would otherwise terminate; 2) The number of additional years needed to collect increment equal to the clean-up costs paid by the municipality. Clean-up costs are: 1) Limited to actual costs of removal and remediation. Clean-up costs do not include: 1) Financing or interest costs; 2) Testing and engineering costs. Clean-up costs must be reduced by any amounts recovered form private or responsible parties. Economic Development Districts The provision that permits a small city (5,000 population or less) to establish a commercial facility with an economic development district has been eliminated. An economic development district for which certification is requested after June 30, 1995, may expend increment to pay for site preparation and public improvements if: Eighty percent or more of the district's area includes bedrock; The estimated cost of the physical preparation of the site exceeds the land's fair market value prior to completion of the preparation; The increment is only used to prepare the site and pay reasonable administrative costs. Parcels Not Included in Districts The "20 year" exclusion regarding parcels formerly in an economic development district has been deleted from the act. The section, however, has been amended to prohibit parcels classified under the green acres or agricultural preserves provision from being included in TIF districts. 1995 Policy Narrative 9 The amendment differentiates by regions of the state -metropolitan and Greater Minnesota. The amendments state that a parcel cannot be part of a district if during any of the prior five years, it was classified under chapter 273.111 or 273.112 (Green Acres) or Chapter 473H (Agricultural Preserves). In Greater Minnesota, the prohibition does not apply if the parcel will be used for manufacturing purposes. Special Laws A general law amendment regarding special laws that extend the duration of a district is beyond statutory terms in the TIF amendments. If a special law extends the limits of an existing district or a new district, the city must: Elect to pay the LGA/HACA penalty for the additional years or request the school district to approve the adjusted tax capacity. (Adjusted tax capacity means that the district's captured value is used in calculating the school aid formula. Therefore, the school district would receive less state aid and more revenue locally). Request approval of the county board and school district of the local law. The election must be made prior to requesting local approvals. IV) TRANSPORTATION Laws 1995, Chapter 265) Highways No changes were made to highway funding and there are no additional gas taxes or increased fees. Mn/Dot was appropriated $2,584,427,000. There is a shortage of funds. Transit Transit funding was increased significantly from last biennium but not to the level needed to stay even with service demands. The biennium funding for general transit and metro mobility was $84 million. This is up from $69 billion in the last biennium but down from the $93 million requested or the $89 million budget allocation by the governor. An interesting twist is the Met Council is authorized to spend at a $90 million level the first year of the biennium. This may present an interesting dilemma during the 1996 session, since a sizable supplemental appropriation will be needed to keep transit afloat in F.Y. 1997. Noise Regulations The law provides that no noise standards shall apply to an existing or newly constructed segment of a highway, provided that all reasonably available noise mitigation measures, as approved by the commissioners of the Department of Transportation and Pollution Control Agency, are employed to abate noise. 10 1995 Policy Narrative This language basically resolves problems encountered by city, county and state road construction noise, as well as potential noise -based lawsuits involving highway construction projects. Mn/Dot is required to conduct a study of noise barrier needs and report back to the Legislature in 1996. V) METROPOLITAN LAND PLANNING ACT H.F. 833, Laws 1995, Chapter 176) This chapter amends several provisions of the Metropolitan Land Planning Act, which was first adopted in 1976. They are the first significant amendments to the act since its adoption. This bill was sponsored by the Met Council and its major elements are: 1) Incorporation of Water Management Plans. Water management plans prepared by cities pursuant to MS 103B.235 must be incorporated into the land use plan section of a comprehensive plan and be submitted to the Met Council for review and comment. Formerly, these plans were submitted to Water Management Organizations (WMOs) only. 2) Ten-year Review of Comp Plans. Metro area units of government must review and, as necessary, amend their comprehensive plans by Dec. 31, 1998, and at least every 10 years thereafter. Such review and, if necessary, amendment shall ensure that the fiscal devices and local controls are not in conflict with the comp plans. 3) Merriam Amendment is Repealed. That amendment stated that the zoning ordinances supersede the comp plan if there is a conflict. 4) Holding Zones are Allowed. An official control or fiscal device shall not be considered to be in conflict with a comp plan if such official control or fiscal device is adopted to ensure the planned orderly and staged development of urbanization or redevelopment areas designated in the comp plan. 5) Uniformity of Controls/Fiscal Devices. After August 1, 1995, a city is prohibited from adopting an official control or fiscal device which is in conflict with its plan. 6) Nine Months to Amend Ordinances. After approval and adoption of a revised comp plan, a local government unit has nine months to amend its ordinances (same as current law). 7) Amended Controls go to Met Council for Information. Copies of amended official controls or fiscal devices must be submitted to the Met Council for information (but not approval). 1995 Policy Narrative 11 8) Extensions May be Granted. The Met Council may grant extensions to the Dec. 31, 1998 deadline in order to allow the local government unit to complete the review and amendments as required by this bill. 9) The key dates of the bill are: A. August 1, 1995 Effective date of bill. After August 1, 1995, local government units shall not adopt official controls which conflict with their comp plans. B. Dec. 31, 1998 Review. By this date and every 10 years thereafter, each local government unit shall review and, if necessary, amend its comp plan. The Met Council may grant extensions to the Dec. 31, 1998 deadline. C. Within nine months Amendment process. Within. nine months after local government unit adoption of comp plan (MS 473.865, subdivision 3) if an official control conflicts with a comp plan as a result of an amendment to the plan, the official control shall be amended by the unit within nine months. 10) Assistance Available if Needed. The Met Council must consult with local government units to evaluate the need for technical and financial assistance to implement this bill and report its findings to the Legislature by Jan. 15, 1996. VI) ZONING ISSUES - PROCESS TIME Laws 1995, Chapter 248, Article 18) New time limits are established for certain permits and actions by governmental units of the state including local, metro and state agencies. An agency must approve or deny within 60 days a written request relating to zoning, septic systems or expansion of the metro urban service area for a permit, license or other governmental approval of an action. Failure to deny within 60 days constitutes an approval. Denials must be stated in writing with reasons. The 60 days begins upon receipt of a written request containing all information required by law or previously adopted rule, ordinance or policy. An agency has up to 10 days to make a written request for incomplete information. If an action requires approval of more than one state agency in the executive branch, the time period begins for all executive branch agencies when the first agency has received all pertinent data. 12 1995 Policy Narrative The time limit is extended if a state statute, federal law or court order requires a process prior to approval and the time periods for the stated process make it impossible to act in 60 days. Time is extended if prior approval is required by a state or federal agency. Finally, an agency may extend the timeline by providing written notice to the applicant. The notification reasons and anticipated length of extension must be included and may not exceed 60 days unless approved by the applicant. With agreement by an applicant, a process such as a complex or controversial rezoning can be extended beyond the 60 -day time limit. This provision may prevent premature denials by agencies faced with the more difficult actions. The act is effective July 1, 1995 for any applicable request submitted after that date. 800 MHz RADIO SYSTEM Laws 1995, Chapter 195) An independent Metropolitan Radio Board is established to supervise and oversee the fust -phase planning and implementation of a shared metro -wide radio system The board will ensure the operation and maintenance of the system in such a way that subsequent phases can be added. Staff will be provided by the Met Council until user fees become available July 1997. The board's plan for the fust -phase backbone of the region -wide system must be based on Mn/Dot's recommendations. Mn/Dot is directed to contract for construction or lease of the fust phase and is responsible for ownership and operation. The total initial cost is about $30 million. The backbone system will serve Mn/Dot, Metro Transit, metro area highway patrol and possibly the Metropolitan Airports Commission (MAC). Counties must do a county -wide plan including cities (which must cooperate). First-class cities will do an individual plan. Participation in the 800 MHz radio system is voluntary: Cities or counties may join at any time. Capital funding includes $10 million in revenue bonds for Public Safety Mutual Aid, $3 million in transit bonds and an agreement that $15 million state bonds will be a high priority for the 1996 state bonding bill. The public safety and operational costs will be paid primarily from up to four cents of the 911 telephone tax. $194,000 was appropriated from state highway funds to secure the necessary radio channels from the FCC and to cover other preliminary costs. 1995 Policy Narrative 13 The radio board consists of 17 members: one elected representative from each of the seven counties, Minneapolis, St. Paul and Bloomington; five governor appointees (based on recommendations by various organizations including two suburban elected officials by AMM, one elected city official by LMC, one metro sheriff and one metro police chief); one Met Council member, and Mn/Dot's director of Electronic Communications. The board sunsets July 1, 1999. The Legislature will determine if the activity is to be transferred to the Met Council or a state agency. The primary purpose of the shared radio system is to coordinate usage of a dwindling supply of radio channels in the metro region, at a time when demand is growing rapidly. The act is effective Aug. 1, 1995. All of AMM's primary concerns were met: Cities will not be forced to modify current systems, purchase new equipment prematurely or become part of the metro system until they voluntarily choose. The system will provide a phased transition so that uninterrupted service is guaranteed The system will be flexible to allow various local coordinated dispatch and service arrangements. Governance will be representative of entities and users who will ultimately bear the cost but not dominated by any single user group. VIII) ECONOMIC DEVELOPMENT & HOUSING FINANCE Laws 1995, Chapter 224) The Legislature enacted several pieces of legislation relating to economic development. The legislation includes the appropriations bill as well as sections of the bond allocation, state departments, omnibus tax and the public finance bills. The following is a summary of the major components of the various initiatives: Development of Trade/Economic Development (DTED): Budget The agency's budget for the 1995-1997 biennium totals $58.1 million. Of the total, the following appropriations were identified: Six million for economic recovery grants. This is a one-year appropriation. The program's future will be, in part, determine by a legislative auditor's report that is due during the 1996 session. The appropriation is below the governor's recommendations of $14.0 million in new funds and the agency base level funding. About $379,000 each year for the small cities federal match. Approximately $1.9 million each year for the jobs skMs partnership program About,$7.8 million for the biennium for the pollution clean-up program authorized under sections 116J.551 to 116J.558. 14 1995 Policy Narrative Customized job training grants of $300,000 to the St. Paul Port Authority and 200,000 to the Minneapolis Community Development Agency. Two million for the continuation of the Community Resources Program (CRP) in Minneapolis, St. Paul and Duluth. Department of Economic Security: Budget The department's total budget if $99.6 million. Of the total, the following appropriations are identified: Approximately $935,000 each year of the biennium for transitional housing operations. Three million for 1995, for summer youth employment programs. Minnesota Housing Finance Agency (MHFA): Budget The agency's budget is $47.5 million for the biennium. The budget is $13.5 million above the current biennial budget. The agency's budget for each year is $30.1 million for F.Y. 1996 and $17.4 million for F.Y. 1997. The major components of the budget are: 1) An Additional $6 Million for the Affordable Rental Investment Fund. The current biennial appropriation approximates $7 million. The appropriation includes language that directs the agency to work with public and private agencies in the McKnight Foundation regional to establish priority uses for the funds. In addition to the regional priorities, the agency must give preference to economically viable projects in which local governments, employers and the private sector contribute financial assistance. 2) Develop Priorities for Fund Usage. In the metro area, the agency shall collaborate with the Met Council to develop priorities for us of the funds. The Legislature also directed that the MHFA shall give preference to economically viable projects that: Include local financial contributions; Consider the availability of public transportation; Take into account job training efforts in the community; About $5.8 million for the Community Rehabilitation Program (CRP). Of the CRP appropriation, $250,000 must be used each year for full -cycle home ownership and purchase -rehabilitation lending initiatives. Twenty percent of the CRP must be made available for use in low income neighborhoods of Minneapolis and St. Paul for the home ownership programs. Approximately $30 million in revenue bond proceeds are available and originate from a pre -1981 bond. For example, the proceeds can be made available for non -first time buyers and income and purchase price limits are not subject to current federal guidelines. The Legislature required the agency to give priority for use of the proceeds to cities that receive a CRP grant. 1995 Policy Narrative 15 About $1.5 million each year for rent assistance and/or family stabilization. The governor has vetoed $500,000 for lead abatement and $200,000 of a $400,000 appropriation for emergency mortgage foreclosure prevention and emergency rental assistance. IX) ISSUES NOT PASSED IN 1995 There were several bills of interest or concern that the AMM reported on during this session which did not pass. Technically, these bills are still "alive" and can be considered when the Legislature reconvenes in January. Housing as a Regional System H.F. 1258 - Hausman; S.F. 1233 - Pappas) This bill as introduced would have made housing a fifth regional system and required the Met Council to establish affordable housing goals for each city. Codification of Regional Blueprint H.F. 1114 - Entenza; S.F. 1109 - Novak) This bill also would have required the Met Council to establish affordable housing goals and codified into statute portions of the Regional Blueprint. Land Stewardship Land Use Planning Bill H.F. 779 - Orf eld; S.F. 698 - Morse) This bill virtually froze the MUSA line and established additional requirements for comprehensive plans. It also would have allowed residents throughout the state to bring civil action against the Met Council if local actions were not in compliance with Met Council plans and policies. Direct Election of Met Council Members H.F. 609 - Orfield; S.F. 1107 - Mondale) This bill would have established direct elections of a 16 -member Met Council and provided public financing for candidates. Property Tax Freeze The Senate -proposed property tax and levy freeze did not become law. The Senate passed the freeze bill (S.F. 1570) and then re -passed it three different times attached to other House files (H.F. 602, 603 and 1864). During the final week of the session, the House leadership agreed to report out a conference report on H.F. 603. However, neither the Senate nor the House leadership could muster more than 15-20 House members to support the bill. The bill never came to a vote on the House floor. 16 1995 Policy Narrative Up to the last week of the session, the governor's staff had insisted he would veto a freeze, but rumor during the last days indicated that if presented with a freeze bill, he would sign it. Municipal Bond Interest Taxation The House Tax Committee chair Ann Rest pushed to have all state and local bond interest taxable for income purposes. But due to extreme municipal pressure, the issue was dropped. Beg for Your LGA/HACA A House provision by Rep. Dawkins would have required metro area cities to prove they were being efficient and attempting to provide services cooperatively with other units to receive all of their LGA/HACA. This was turned into a statewide study by the Legislative Commission on Planning and Fiscal Policy. School Property Tax Constitutional Amendment The House -passed bill to remove schools from the local property tax was not taken up by the Senate. It does not indicate where funds might come from to replace local property tax. About $2 billion of replacement funds would be needed and could come from income, sales or a state -imposed property tax. Although the bill did not pass this year, it may and probably will be reconsidered next year. Municipal Tort Liability Increase An increase to the current $200,000/$600,000 municipal liability limits was well in its way to passage until it became embroiled in a political battle over joint and several liability language. This issue will be back next year since the current limits have not been adjusted in 10 years. Gas Tax & Transit Funding This was the year (supposedly) for a political agreement to increase the gas tax for highway funding and to provide alternatives and increased funds for metro transit initiatives. It did not happen. The House would not budge until it got a signal from the governor for gas tax support. The signal did not come until the last week of the session and then it was weak at best. The Senate would not do anything for transit until a gas tax increase was agreed upon. 1995 Policy Narrative 17 QD o 0 WQ 0 i:- 0 D :D0 rr r/1 N c ti c to a b x (7) ;Tl c!Zl to a z z Q ;%I t tl b c) oo a z o CC eo.oh0 yt1i ,b(b- -4 os, o A Q.otj Ro ii a 1-9 to C 4 Q ic bnQ,a y o o a o' o y " ra„ o r•°• b ° o c b S'-. ° o y O to O b h oo y y y opo 00 OQ OQ 00 W' Sy DO ti O b V 00 l P. ti a a w C410) a N O 3 O U O U O N bw On jU cd cd 0 cd U u tz 0U o >, b d U" ami . 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