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CITY OF
PUMOUTR
CITY COUNCIL INFORMATIONAL MEMORANDUM
January 9, 1987
UPCOMING MEETINGS AND EVENTS.....
1. PLYMOUTH FORUM -- Monday, January 12, 7:00 p.m. Plymouth Forum in
the City Council conference room.
2. SPECIAL COUNCIL MEETING -- Monday, January 12, 7:30 p.m. Special
City Council meeting in the City Council Chambers.
3. BOARD OF ZONING -- Tuesday, January 13, 7:30 p.m. The Board of
Zoning Adjustments and Appeals will meet in the City Council
Chambers. Agenda attached. (M-3)
4. SPECIAL STUDY COMMITTEE -- Tuesday, January 13, 7:00 p.m. The
Special Study Committee on Community -Based Residential Facilities,
will meet in the Council conference room. Agenda attached. (M-4)
5. PLANNING COMMISSION -- Wednesday, January 14. The Planning
Commission Forum will begin at 7:15 p.m., with the regular Planning
Commission meeting following at 7:30 p.m. Agenda attached. (M-5)
6. HRA ANNUAL MEETING -- The annual meeting for the Plymouth Housing
and Redevelopment Authority has been tentatively scheduled for
Thursday, January 29 at 6:30 p.m. Attached is a memorandum to HRA
Commissioners from Milt Dale concerning the meeting date. (M-6)
7. MUNICIPAL LEGISLATIVE COMMISSION -- The annual meeting of the MLC
will be held on Wednesday, anuary 21 at the Decathlon Club in
Bloomington. A social hour will begin at 6:15 p.m., followed by
dinner at 7:00 p.m. All legislators representing communities
affiliated with the MLC have been invited to attend this social/
dinner meeting. Prior to the annual meeting, the MLC Operating
Committee will meet at 3:00 p.m., with a Board of Directors meeting
at 5:00 p.m. The MLC's 1987 legislative agenda will be discussed at
these meetings. Council members who plan to attend, should advise
Laurie by Thursday, January 15. Attached is a letter of invitation
from Minnetonka Mayor Larry Donlin. (M-7)
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
CITY COUNCIL INFORMATIONAL NENORANDUM
January 9, 1987
Page Two
8. SEMINARS FOR ELECTED OFFICIALS -- The League of Minnesota Cities and
Government Training Service will once again present the Conference
for Newly Elected Officials. The Conference is scheduled for Satur-
day, January 31 at the Marriott Hotel in Bloomington, and will speak
primarily to the newly elected official; however, any incumbent
elected official may attend. The Government Training Service has
also scheduled for Friday, January 30, two seminars for elected
officials, "Ethics and Public Leadership", and "Enhancing Your
Effectiveness Within the City Team". Copies of the brochures
describing the conference and seminars are attached for your
review. Please note that the brochure describing the "Enhancing
Your Effectiveness..." seminar has the starting time incorrectly
listed. This seminar will run from 7:00 P.M. to 9:00 P.M. Please
contact Laurie if you desire to be registered for any or all of the
seminars. (M-8)
9. HENNEPIN PARKS RECEPTION -- Hennepin Parks will host a reception for
Mayors, Council Members, City Managers and Park and Recreation
Directors on Thursday, January 22 at the Hennepin Parks Headquarters
in Plymouth from 4:30 through 6:00 p.m. A short briefing on
Hennepin Parks' activities related to other governmental units will
be discussed at the reception. A copy of the invitation is
attached. Please notify Laurie by January 20 if you plan to
attend. (M-9)
10. 1987 NATIONAL LEAGUE OF CITIES CONGRESSIONAL -CITY CONFERENCE -- The
987 NLC Congressional -City Conference is scheduled for February 28
through March 3 in Washington, D.C. Information on the Conference
and registration is included in the attached memorandum from the
League of Minnesota Cities. (I-10)
11. REVISED 1987 SCHEDULE -- Attached is the 1987 City Council meeting
schedule which has been revised to reflect the deletion of the Get
Acquainted sessions. Please substitute this copy for the schedule
previously provided to you dated 1/1/87. (M-11)
12. REVISED JANUARY CALENDAR -- A copy of the revised January calendar
is attached showing the addition of the January 29 HRA annual
meeting. (M-12)
FOR YOUR INFORMATION.....
1. TWINWEST LEGISLATIVE BREAKFASTS -- On January 9, Bob Zitur and I
attended the first of a series of six TwinWest Legislative break-
fasts held at the Ambassador Hotel. House Speaker Fred Norton and
Minority Leader Bill Schreiber squared off on issues of unemployment
compensation, Workers' Compensation, and tax reform. It is obvious
that their approach to each of these issues will be substantially
different. On the positive side, Representative Schreiber does see
some reason for optimism in that out -state freshman DFL legislators
when evaluated for their stance on key issues, seem to take a
CITY COUNCIL INFORMATIONAL MEMORANDUM
January 9, 1987
Page three
position more commonly associated with Republican representatives.
The TwinWest Chamber hopes to have Senator David Durenberger attend
one of their upcoming legislative sessions and perhaps, Minnesota
Senate leaders at another session. We will keep the Council advised
on the scheduling and topics for future legislative breakfasts.
2. MINUTES:
a. Elm Creek Watershed Management Commission, December 10, 1986.
(I- a)
b. Northwest Community Television Corporation, December 10, 1986.
(I- b)
3. DEPARTMENT REPORTS -- The following departmental reports for the
month of December are attached:
a. Planning Applications (I -3a)
b. Building Inspection Activity (I -3b)
4. 1987 LEGISLATIVE PROGRAMS & POLICIES -- Attached are copies of the
Association of Metropolitan Municipalities and League of Minnesota
Cities 1987-88 legislative programs and policies as adopted by their
memberships last November. The policies will guide lobbying
activities both by the AMM and LMC during the Legislative Session
and at the Metropolitan Council. Copies of the programs/policies
have been sent to all State Senators and Representatives urging
their support of the programs. (I-4)
5. 1987 LMC CONFERENCE PLANNING -- The League's Conference Subcommittee
will meet on January 15 to review proposed program outlines and
suggestions for the June 1987 League conference. Attached is a
memorandum from Ann Higgins, Federal Liaison/Program Development for
the League, which provides an outline of the programs proposed for
the conference and requesting input from League members on specific
content suggestions for the conference programs. If Council members
have suggestions or proposals for any of the programs, please let me
know and I will forward them to the League for their consideration.
(I-5)
6. CORRESPONDENCE:
a. Letters to various boards and agencies advising of Council
appointments for 1987. (I -6a)
b. Letter responding to Mr. Dickman Knutson, President, BLH
Development Company, from Frank Boyles, concerning his request
to schedule the Bass Lake Heights 4th Addition application to
the January 26 Council meeting. Frank advises Mr. Knutson his
application would likely come before the Council on February 2,
because January 26 is a study meeting reserved primarily for
policy discussion. (I -6b)
CITY COUNCIL INFORMATIONAL MEMORANDUM
January 9, 1987
Page four
c. Letter to Mr. Craig Freeman, Freeman's Inc., from Sara McConn,
advising the City has formally withdrawn his applications and
closed the files on the La Croix Addition Preliminary Plat,
Final Plat, Site Plan and Variance applications with the sale of
the property by Mr. Freeman. (I -6c)
d. Letter to Mr. Pat Ryan, Ryan Construction Company, from Sara
McConn, concerning finalizing staff review committee's findings
for the Groves Office Park Site Plan Amendment. (I -6d)
e. Letter of appreciation from Elvira Devens, 10920 - 32nd Avenue
North, to Plymouth Police Department for assistance received
during the illness of her husband. (I -6e)
f. Letter to Minnesota NBA Basketball advising of the Council's
preference of "Minnesota Timber Wolves" as the team name for the
Minnesota NBA basketball team. (I -6f)
g. Letter from Barry Warner, Barton-Aschman Associates, Inc., to
Eric Blank, regarding the Neighborhood Parks Development
contract and submitting the two parks development options as
requested by the City Council. The contract is to be written as
the Council directed reflecting pricing options for three parks
in 1987, or two in 1987 and the third in 1988. (I -6g)
h. Letter to Greg Moore, Northwest Community Television, from Eric
Blank, and copy of check in the amount of $5,000 as the
Northwest Community Television Corporation matching grant to the
City for the 1986. (I -6h)
Frank Boyles
Assistant City Manager
FB:Jm
attach
AGENDA
Board of Zoning Adjustments and Appeals
Tuesday, January 13, 1987
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
4. NEW BUSINESS
WHERE: Plymouth City Center
Council Chambers
3400 Plymouth Blvd.
Plymouth, Minnesota
7:30 P.M.
November 18, 1986
December 9, 1986
A William Williams, Jr. Variance from the building side yard setback for property
located at 1325 Peony Lane North. (01-01-87).
B. Richard Hanson. Variance from the minimum Shoreland Management setback for
property located at 320 Sycamore Lane North. (01-02-87).
5. OLD BUSINESS
A. Louis Cosentino. Variance from the minimum building side yard setback for
property located at 2435 Holly Lane North. (12-01-86).
6. OTHER BUSINESS
7. ADJOURNMENT
SPECIAL STUDY COMMITTEE AGENDA
TUESDAY, JANUARY 13, 1987
7:00 P.M.
Committee Members
David Davenport, Chairman
Paul Steigerwald
Gay Varecka
Pat Neils
Roger A. Deneen
Anita Vogel
ORGANIZATIONAL MEETING
M -AA
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD.
PLYMOUTH, MN 55447
Council Conference Room
Consultant
Donn Wiski
Resolution, Inc.
1. Introduction of Consultant, Donn Wiski, Resolution, Inc.
2. Review of City Council Charge
3. Meeting Schedule
4. Other Items
5. Adjournment: 8:00 P.M.
PLANNING COMMISSION MEETING AGENDA
WEDNESDAY, JANUARY 14, 1987
WHERE: Plymouth City Center
3400 Plymouth Boulevard
Plymouth, MN 55447
H -is
CONSENT AGENDA
All items listed with an asterisk (*) are considered to be routine by the Planning
Commission and will be enacted by one motion. There will be no separate discussion of
these items unless a Commissioner, citizen or petitioner so requests, in which event
the item will be removed from the consent agenda and considered in normal sequence on
the agenda.
PUBLIC FORUM
1. CALL TO ORDER AND ROLL CALL
2.* APPROVAL OF MINUTES
3. PUBLIC HEARINGS
7:15 P.M.
7:30 P.M.
Planning Commission Minutes, December 17, 1986
A. Dickman Knutson, BLH Development Co. Amendment to the Sanitary Sewer Plan
Element to the Comprehensive Plan, Rezoning, Planned Unit Development Prelim-
inary Plan/Plat and Conditional Use Permit for "Bass Lake Heights 4th Addi-
tion", west of Pineview Lane at 54th Ave North (85126)
B. Hewitt -Peterson, et al. Land Use Guide Plan Amendment and Planned Unit
Development Concept Plan for property northwest of Co. Rd. 9 and I-494
(Plymouth Office Commercial Park) (86104)
C. Hampton Inn Hotel/Morse Properties. General Development Plan Amendment, Site
Plan, and Conditional Use Permit for property west of Fernbrook Lane and south
of Harbor Lane (86136)
D. Zaremba Midwest, Inc. Land Use Guide Plan Amendment and Planned Unit Develop-
ment Concept Plan for property west of County Road 18, north of State Highway
55, east of South Shore Dr., and south of 10th Avenue North (86141)
4. NEW BUSINESS
* A. Sohn Lavander, Parkers Lake Business Center. Site Plan for an office/ware-
house building at the northeast corner of 23rd Avenue and Niagara Lane (86126)
B. David C. Johnson. Site Plan and Variances for a retail center on Lot 3, Block
1, Oakwood Square, east of State Highway 101 at 14th Avenue North (86138)
* C. Ryan Construction Company. Lot Division and Site Plan to construct an office/
warehouse building at the southwest corner of 51st Avenue and Nathan Lane
(86144)
5. OLD BUSINESS
A. Image Homes. Residential Planned Unit Development Concept Plan, Preliminary
Plan/Plat, Rezoning, and Conditional Use Permit for "Heritage Ridge", north-
west and southeast of Northwest Blvd., at West Medicine Lake Drive (86087)
6. OTHER BUSINESS
Agenda Items for point Planning Commission and City Council Meeting
7. ADJOURNMENT 10:30 P.M.
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: January 7, 1987
TO: HRA Commissioners
FROM: Milt Dale, Associate Planner
SUBJECT ANNUAL MEETING SCHEDULED FOR THURSDAY, JANUARY 29, 1987
HRA by-laws require that the annual meeting for the Plymouth Housing and Redevelopment
Authority be scheduled sometime in January. Our calendar for January would indicate
that Thursday, January 29th at 6:30 p.m. would not create a conflict with any other
Council meeting or Commission meeting. Please call us at 559-2800 if you cannot attend
the meeting on Thursday, January 29th.
MD/Ig
MUNICIPAL
LEGISLAiIVE
COMMISSION
January 6, 1987
Mr. James G. Willis, City Manager
Plymouth City Hall
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Mr. Willis:
`-7
1500 Northland Plaza
3800 West 80th Street
Bloomington, Minnesota 55431
(612) 893-6650
On behalf of the Municipal Legislative Commission (MLC), I would like
to cordially invite you to attend the Annual MLC Legislative Dinner
being held for the MLC Legislative Delegation on Wednesday, January 21
at the Decathlon Club in Bloomington. The social hour will begin at
6:15 p.m., followed by dinner at 7:00 p.m. The evening will be
concluded with a guest speaker addressing the legislative issues of
interest to the MLC.
The 15 MLC cities' Mayors, City Managers and Council members, and the
37 legislators representing these cities have been invited to attend.
This event will present MLC members and their legislators with the
opportunity to informally discuss the concerns that the 1987
Legislature will face.
Also, please note on your calendars that the 40th MLC Operating
Committee Meeting will be held prior to the MLC Legislative Dinner
at 3:00 p.m. at the Decathlon Club. This meeting will be followed
by the 14th MLC Board of Directors Meeting at 5:00 p.m. in the same
location. The MLC's 1987 Legislative Agenda will be discussed at
these meetings so your attendance would be appreciated.
I would like to thank you in advance, for taking time out of your busy
schedule to attend this important event. Please RSVP to Deb Luebke at
893-6650 by Thursday, JanuMX 15.
Sincerely,
Larr�n1in
Mayor of Minnetonka
Chair of the
Municipal Legislative Commission
LD:dl
C
_1
JAN V
On behalf of the Municipal Legislative Commission (MLC), I would like
to cordially invite you to attend the Annual MLC Legislative Dinner
being held for the MLC Legislative Delegation on Wednesday, January 21
at the Decathlon Club in Bloomington. The social hour will begin at
6:15 p.m., followed by dinner at 7:00 p.m. The evening will be
concluded with a guest speaker addressing the legislative issues of
interest to the MLC.
The 15 MLC cities' Mayors, City Managers and Council members, and the
37 legislators representing these cities have been invited to attend.
This event will present MLC members and their legislators with the
opportunity to informally discuss the concerns that the 1987
Legislature will face.
Also, please note on your calendars that the 40th MLC Operating
Committee Meeting will be held prior to the MLC Legislative Dinner
at 3:00 p.m. at the Decathlon Club. This meeting will be followed
by the 14th MLC Board of Directors Meeting at 5:00 p.m. in the same
location. The MLC's 1987 Legislative Agenda will be discussed at
these meetings so your attendance would be appreciated.
I would like to thank you in advance, for taking time out of your busy
schedule to attend this important event. Please RSVP to Deb Luebke at
893-6650 by Thursday, JanuMX 15.
Sincerely,
Larr�n1in
Mayor of Minnetonka
Chair of the
Municipal Legislative Commission
LD:dl
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HENNEPIN
PARKS
Suburban Hennepin
Regional Park District
12615 County Rood 9
P.O. Box 41320
Plymouth, MN 55441
Telephone(612)559-9000
Board of Commissioners
Dovid Lotvooho
Chmr
Golder Volley
Shirley A. Bonine
Vice Chas
Maple Pio"
Judith S. Anderson
Bloom;ngror
William H. Boynton
St. Lows Pork
Nicholas Eoloff
Robbinsdole
George B. Hickey
Golden Volley
Neil Weber
Mound
Vern J. Hortenburg
Superntendent 8
Secretory to the
Board
December 30, 1986
Mr. James Willis, City Manager
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Jim:
Enclosed is an invitation to a reception being hosted by
Hennepin Parks on January 22, 1987. We would like you to
us and other municipal officials for a short briefing on
Hennepin Parks' activities related to other governmental
I hope you can attend.
Sincerely,
David Latvaaho
Chairman of the
Board of Commissioners
DL/sk
join
units.
You are invited to a reception for Mayors, City Council Members Administrat
Parks and Recreation _Dire_ctors_to e e at Hennepin Parks Headquarters in
Plymouth on Thursday, January 22 from 4:30 through 6 p.m.
During the reception we will have an opportunity to discuss with you our plans for
a Regional Park on Lake Minnetonka, 1987 Legislative issues and other matters
important to the future of the Park District. % look forward to seeing you.
See the reverse side of this invitation for a map to Hennepin Parks Headquarters.
R.S.V.P. 559-6774 by January 20, 1987
The Office of the Associate upenntendent, Marty Jessen
Commissioner District 3:
Edina
Golden Valley
St. Louis Park
Commissioner District 1
Champlin
Maple Plain
Corcoran
Medina
Dayton
Medicine Lake
Greenfield
New Hope
Hanover
Osseo
Hassan
Plymouth
Independence
Rockford
Loretto
Rogers
Maple Grove
Hopkins
Commissioner District 5:
Bloomington
Fort Snelling
Richfield
Commissioner District 2
Crystal Robbinsdale
Brooklyn Center St. Anthony
Brooklyn Park
Appointed by Hennepin County Board
Appointed by
Hennepin County Board
Commissioner
District 4
Chanhassen
Minnetrista
Deephaven
Mound
Eden Prairie
Orono
Excelsior
St. Bonafacious
Greenwood
Shorewood
Hopkins
Spring Park
Long Lake
Tonka Bay
Minnetonka
Wayzata
Minnetonka Beach Woodland
SUBURBAN HENNEPIN REGIONAL PARK DISTRICT
12615 County Road 9
Plymouth, Minnesota 55441
PARK DISTRICT COMMISSIONERS
LATVAAHO, David - Chair (Term expires 12/31/90)
125 Kentucky Avenue North
Golden Valley, MN 55427
BONINE, Shirley A. - Vice Chair (Term expires
4849 Perkinsville Road 12/31/90)
Maple Plain, MN 55359
ANDERSON, Judith S. (Tenn expires 12/31/90)
9125 West Bush Lake Road
Bloomington, MN 55438
ELLINGSON, Robert (Term expires 12/31/88)
5453 Bryant Avenue North
Brooklyn Center, MN 55430
EOLOFF, Nicholas (Appointment to 1/1/89)
4340 West Broadway
Robbinsdale, MN 55422
Appointment Pending
WEBER, Neil (Term expires 12/31/88)
Schwarz/Weber
1511 Excelsior Ave. East
Hopkins, MN 55343
0. 540-3386
R. 545-0343
R. 479-2091
0. 941-5146
R. 941-7047
0. 332-2561
H. 561-5978
0. 757-3920
R. 535-9501
0. 936-9818
R. 472-2062
A —
SUBURBAN HENNEPIN REGIONAL PARK DISTRICT
COMMISSIONER DISTRICTS
Rogers Dayton \
HASSAN Champlin
Hanover
Greenfield Corcoran Maple Grove
Osseo Brooklyn Park
Rockford 2
Brooklyn Center
Loretto HENNEPIN
Crystal
New Hope
Medina Robbins
Independence Plymouth *Q dale
Maple Plain
Medicine Lake Golden
Long Lake LValley
Orono Wayzata 3
Minnetrista St. Louis
Woodland Park
Mound Minnetonka
Beach Minnetonka
Spring Park Deephaven Hopkins
Tonka Bay Greenwood /,
St. Bonifacius Excelsior 4
Shorewood
Edina
New Commissioner Districts were
established by Resolution of the
Park District Board on December 5,
1985, pursuant to Legislation
passed by the 1985 Legislature.
Eden Prairie
St. Anthony
121
Minneapolis
Richfield
5
Bloomington
* All of Crystal is in District 2
-`o
MEMORANDUM
league of minnesota cities
TO: Mayors, Managers, Clerks
December 31, 1986
FROM: Ann Higgins, Federal Liaison/
Program Development
SUBJECT: 1987 NLC CONGRESSIONAL -CITY CONFERENCE, February 28 - March 3
Enclosed please find a program brochure and registration information
for the 1987 NLC Congressional -City Conference, February 28 - March 3,
in Washington, D.C. It is important to register as soon as possible
to assure convenient hotel accommodations. The Washington Hilton
Hotel (1 on the map) will be the site of conference sessions.
Information on suggested airfare and reservations for the conference
will be available in early January. The League will mail out detailed
flight schedules and reservation requirements as soon as they are
available. Please remember that using Super Saver rates means that
you must retain the original reservations or penalties of 50% of the
round-trip cost for cancellation or flight schedule changes.
Important policy-making committee meetings will be held on Saturday,
February 28, beginning at 9:00 a.m. Minnesota city officials appointed
to NLC Steering Committees will be expected to attend those first
meetings where the work program for NLC policy development will be
under discussion. LMC will be recommending local officials for
appointment to NLC Steering Committees in early January. Later next
month, the League will also submit the names of local officials to
serve as members of the larger NLC Policy Committees. Individuals
interested in serving on NLC committees should contact the League.
Those currently serving will be contacted about their interest in
continuing to serve in 187.
Also in January, the League will provide detailed information on
LMC Delegation activities during the conference. The schedule will
include a Delegation Briefing Session on Sunday, March 1; a Capitol
Hill Reception for city officials and members of Congress on Monday,
March 2; and meetings with members of the Minnesota Congressional
Delegation on Tuesday, March 3.
Below is a summary of some of the issues that are likely to receive
attention at the NLC conference and in discussions with members of the
1 80 university avenue east, st. paul, minnesota 551 01 (01 2) 227-5000
H -\ o
Minnesota Congressional Delegation. Be a part of that debate. Plan
to attend the 1987 NLC Congressional -City Conference.
FEDERAL ISSUES
FFY188 Budget
The fiscal 188 budget will once again face cities with prospects for
efforts to make the most severe reductions yet in the federal deficit.
In order to meet Gramm-Rudman deficit reduction targets, Congress faces
a required out of $70 billion. It is generally thought that a
combination of deferrals in spending (for programs already approved)
and termination and phasing out of other federal aid to cities are
likely to be proposed.
Mandatory Medicare coverage for all state and local employees is also
likely to receive renewed support.
Concern still exists that efforts may be made to scale back or
eliminate deductibility of local property and state income taxes as
a means to raise federal revenues to reduce the deficit.
Welfare Reform
Early indications of support by the
reform have raised serious concerns
trade in all federal aid to cities
to states for AFDC and Medicaid.
Clean Hater Act
nation's governors for welfare
as a result of proposals that would
to pay for greater federal funding
Reauthorization is an urgent priority for Congress and for cities.
The President's pocket veto means that congress must act immediately
to assure that continued funding of wastewater treatment is available
and that unreasonable and extraordinarily costly stormwater permit
requirements are not implemented.
Housing and Community Development
The combination of budget cuts and tax reform restrictions has left
cities without many of the resources necessary to assure access to
decent affordable housing or the chance to improve blighted areas.
Since the 99th Congress failed to approve reauthorization of either
of these two programs, it is of major importance that cities seek to
raise these issues with members of Congress.
ARE CITIES AND TOWNS IN
THE FEDERAL PL,
n 1987, U)n9ress will have
to decide whether the nation's
cities and towns—and the peo-
ple elected to represent them—
are part of the public interest
or just another special interest.
You know the answer. At the
1987 Congressional -Cin• Confer-
ence you II be able to make
sure that your representatives
in Congress and the leaders of
the administration hear it.
And that they understand that it
is not a philosophical question
but a matter of practical, day-to-
day importance to all the cities
and towns of this COMMA' and to
even, person living in them. It's
a matter of questions like these:
Will the 100th Congress reduce
the federal deficit by passing
the buck—and the bills --to
Americas cities and tenons?
Will Crangress trade in all mu-
nicipal programs in order to in-
crease aid to the sones?
What will happen to the part-
nership of our federal system,
and where will cities fit in?
You'll find out at the Cortgres-
sional-City Conference.
Administration and congres-
sional leaders will bring you up
to date on their plans incl goals
for the new session of Con-
gress. They'll tell you where to
cad governments ft into those
plans. They'll talk about federal
spending cuts, new federal
mandates, and new sources of
federal revenues. And you'll be
able to talk to them about what
makes sense for you and for all
municipal officials.
This is your chance to stand to-
gether with local officials from
around the country and make
sure your voices are heard and
your questions listened to.
A HARD YEAR FOR
CITIES
1986 was it hard year for cities.
The administration tried to end
all mutticj al programs, defer
or cut back those it couldn't
end altogether, and undercut
local authoritv to raise revenues
and borrow money: A tax re-
form proposal shut down the
municipal bond market until
House tax committee chairman
Rep. Dan Rostenkowski, who
gave his name to the hill,
promised local officials at the
1986 Congression:d-Cit Confer-
ence that he would undo tilt:
confusion caused I»• the hill. Ry
the time the 99th Congress ad-
journed, it had made severe
cuts in local programs, approv-
ing more aid for foreign coun-
tries than it allowed for -Ameri-
ca I S
orAmeri-
ca:~ own cities Land towns. it
interfered with local revenues
and local budgets by ending
the deductibility of state and lo-
cal taxes. It decided to tax, for
the first time, the interest on
traditional municipal bonds.
And it continued to impose
new, expensive. and unfunded
mandates un local
governments.
Some of these thre:us were
turned back by Congress.
Others were defeated by NLC
in the federal courts. list noth-
ing would have been accom-
plished without the combined
efforts of local officials.
... AND CHALLENGES
AHEAD
As the 100th Congress convenes
in 1987, it will confront an
enormous deficit,high one a
ployment, record foreign trade
deficits, high levels of urban
poverty, and continued bank
and farm failures.
The solution to all of those
Problems is in the nation's
economy, and the nation's
economy depends on its cities
and towns. it is in our cities
and towns that utast of the na-
tion works and that most of the
nation learns. The nations eco-
nomic health and competitive-
ness are built on the health and
welfare of its cities.
In 1987 Congress will have to
confront that reality head-on.
THE FISCAL 1988
BUDGET AND CITIES
The budget the president sub-
mits for fiscal 19S8 will have to
propose the most severe cuts in
C INTEREST?
the nations history if it is to
meet the Gramm-Rudman defi-
cit reduction targets. What will
he propose and how will
Congressional leaders respond?
What will the impact of cuts in
key municipal programs mean
for cin• officials as they un• to
meet housing, transportation,
and environmental needs? Can
the deficit targets be met with
only domestic cuts, or will new
tax changes be needed? Will
Congress and the administra-
tion reject Gramm-Rudman or
resurrect its automatic across-
the-board cuts? How the presi-
dent and Congress propose to
deal with Gomm -Rudman and
what their choices will mean
for municipal leaders will be
the kev elements of the
Congressional -Cin Conference.
TAXES, TAXES, TAXES
This vear the president signed
into law one of the most fau•-
reaching tax bills in the nation's
history. The complex bill will
affect each and every munici-
palin, directly and indirectly,
but it will do nothing to help
reduce the deficit. The Treasury
is already at work preparing
..technical corrections, and
there is talk of consumption
taxes, gats taxes, oil import fees,
and national lotteries—to help
restore tax breaks, or to help
reduce the deficit.
What revenue enhancements or
"constructive receipt~' will the
administration propose? What
changes in the juSt-enacted tax
law will the Congress consider.,
Which propos:ds will affect you?
FEDERALISM AND
WELFARE REFORM
Welfare reform will be one of
the highest priorities of the ad-
ministration and new Congress.
How can the federal govern-
ment ensure more uniform cli-
gibility and benefit levels for
the nation's poor within our
federal system, and what
changes in federal povem• enti-
tlement programs can be made
to make them more effective?
Many proposed changes will be
based on a proposal drafted by
a committee chaired by former
Gov. Chuck Robb and Sen. Dan
Evans. 'Phis proposal, titled "To
Form a More Perfect Union;'
calls for trading in all municipal
programs in order to pay, for
greater federal funding to states
for expanded AFDC and Medic-
aid programs. Where would
municipalities fit in these pro-
posals? Would they, have any
federal role or any rights under
a vastly expanded state role?
What guarantees would there
he about funding for housing,
transportation, community de-
velopment and clean water in
the absence of any federal
funding? Leaders from the ad-
ministration, House and Senate
will talk about their proposals
and what it might mean to your
cit• or town.
THE FF.DERAI.
GOVERNMENT
MANDATES, THE LOCAL
GOVERNMENTS PAY
I)espite the deep cuts in federal
assistance to cities and towns,
there has been no decrease in
costly federal mandates, nor has
there been any tuntback of fed-
eral revenue sources to help lo-
cal governments pay. Instead,
the federal government, claim-
ing it is out of funds, insists that
nuulicipalitieS provide clean
water, clean air, and employee
benefits—in short, that munici-
pal taxpayers foot the bill for
federal priorities.
What hats happened to effort.,
by the administration to cut
back on expensive federal man-
dates? I low can the federal gov-
ernment cut back on funding to
meet national goals without
changing the timetables and
standards? New legislation will
be introduced in the Congress
to require that the federal gov-
ernment pay for new rules and
regulations imposed upon cities
and towns. How will this legis-
lation work and what will it
mean for public officials? Lead-
ers from the Congress and the
administration will talk aWut
federal mandates and whit the
figure holds for cities.
HOUSING AND
COMMUNITY
DEVELOPMENT
The most severe cuts have been
in housing assistance to cities
and towns. The 1986'1'ax Re-
form Act added to the severity
of the housing crisis for low
and moderate income families.
Within the next few years, thou-
sands of subsidized units will
be lost as existing contracts ex.
pire or are prepaid. These
changes are like a time homh
waiting to explode.
How will the Congress deal
with the problems of housing?
Will the tax code and federal
housing policy continue to ben-
efit those least in need at the
expense of those most in need,
or will policy be coordinated to
provide municipalities with an
opportunity to give families de-
cent, safe, and sanitary shelter?
How much will the federal gov-
ernment propose to spend for
housing—and for whom—and
what will that mean to public
officials will be explored from
a national perspective as it af-
fects kcal governments.
FEDERAL ACTION NEEDS
LOCAL- INPUT
The Congressional -Cin, Confer-
ence takes place when the ad-
ministration has presented its
hudget and Congress is just be-
ginning to set its agenda in re-
sponse. It is the best and most
important time to be in the na-
tion's capital, so that you can
understand where the federal
government is headed. It is the
time for municipal leaders to
ask hard questions and work
together in the public interest.
NAI'IONAL MUNICIPAL
POLICY
NLC's National Municipal Pol-
icy—the annual document that
guides the NLC membership
and staff in their work on be-
half of cities—gets its start at
the Congressional -City Confer-
ence. Each policy committee
sets its agenda for the years
work, and each NLC member -
official who attends the
Congressional -City Conference
can help launch Ike policy-mak-
ing Process and help write
NLCs National Municipal Policy
by taking part in the discus-
sions at policy committee
meetings.
LINUS
LINOS, the joint electronic mes-
saging service offered by NLC
and ICMA, will be demon-
strated throughout the Congres-
sional -City Conference. New
features include an NLC Legisla-
tion !Bulletin hoard, a number
of s sial interest groups in-
cluding small communities and
telecommunications, subnets
giving state legislative and other
information from state munici-
pal leagues in some states, and
updated government innova-
tions from ICMA Also to be
demonstrated: instant electronic
messaging, a wide variety of
bulletin boards and a stream-
lined ntenulcommand system.
Come and see how you'can
benefit from the special ser-
vices available on LINOS. Op-
portunities for hands-on tryouts
will be available.
LOGIN
The LOGIN (Local Government
Information Network) display
will be open during registration
hours. This demonstration will
Show you how you can save
time and money in planning
and implementing city pro-
grams by using the extensive
LOGIN data base and the
LOGIN quest service to find out
how others have solved the
problems you are facing. Spe-
cial services from NLC will also
be shown. Training will be
availahle for LOGIN users who
want to learn how to use the
service to its fullest.
GUARANTEED LOWEST
AIR FARES
NLC Conference Travel Center
guarantees to Ixxhk you on the
.west available air fare at the
time of reservations. This air
fare may he a restricted pub-
lished discount or an unpub-
lished unrestricted special ne-
gotiated fare, whichever best
suits your travel needs. Air fare
discounts could range from 5%
off the published Ultra -Saver
with restrictions to the unpub-
lished unrestricted negotiated
fare of 30% or more off coach.
For more information call NLC
Conference Travel Center at
(800) 368-3239 or (703) 471-
0460.
S1ATE MUNICIPAL.
LEAGUE ACTIVITIES
Dates and times vary. Consult
your league director.
DATES TO REMEMBER
February 6, 7987—Deadline
for advance registration and
housing request. All requests
must be postmarked by this
date. After this date, all dele-
gates must register on-site.
February 13, 1987—Deadline
for cancellations. Cancellation
letters must he postmarked by
this date and are subject to a
$25 cancellation charge. There
are no refunds for cancellations
after this date.
HOW TO REGISTER
To register for the 1987
Congressional -City Conference,
fill out the registration form
and return it with your check
or city purchase order to the
NLC Conference Registration
Center, postmarked by Febru-
aty 6, 1987.
Each delegate, guest, speaker,
member of the press, and any
other conference participant
must register. (There is no
charge for press registration.)
No telephone registrations
or cancellations will be ac-
cepted. Deadline for advance
registration is February 6, 1987.
Payment must he included with
advance registrations. People
unable to meet the February 6
deadline will have to register at
the meeting and make their
own hotel reservations.
Refunds will be made for can-
cellations received by February
13, subject to a $25 cancellation
charge. Cancellation letters
must he postmarked by this
date. No telephone cancella-
tions will be accepted. No par-
tial refunds will tx made if you
decide not to attend particular
functions.
HOTELS
If you need hotel acconuuoxla-
tions, please check the appro.
priate box on the registration
form. NLC will not make a ho-
tel reservation for you unless
you have registered for the
conference. Rooms will be as-
signed on a first come, first
served basis. The conference
will be held at the Washington
Hilton Hotel.
M-0
ADVANCE PROGRAM
SATURDAY, FEBRUARY 28
Pre -Conference Seminars
POLICY LEADERS:
LOOKING OI1'I' FOR
NUMBER ONE
Most of the turnover in lxal
gguu x
enncnt is the result of
higllh personal decisions not to
run for reelection because of
the stress that puhlic life places
w dee families, careers and
lives of puhlic officials. One
critical, but often mod obked,
dianeteristic of a Succe-fill
elected olfaciA is the ability to
cope with the pressure -ii iker
environment of municipal
government.
Acts alp -day senlitaais designed
to help city officials undenruld
:and manage the strains and
conflicts of public life. Work -
sit Sessions will focus un the
caux� of stress and techniques
for alleviating it: tips and tech-
niques for he ter time manage-
ment meth ods for coping with
family and career pressures and
conflicts and an examination of
the incresingly complex ques-
tionS surrounding ethical Ibc-
h:n•iur in loC.it grcernment.
Fix• fin' tlx• s ndmir is S75.
THE LOCAL
GOVERNMENT' ROLE IN
COMBATING DRUG
ABUSE
Illegal drugs are a serious
problem in cities of all sizes
and in all regions of the coun
try, and kcali ovemmenU, are
increasingly planning programs
to tackle the effects of drugs un
their communities and ancog
their eniplopLes.
Tlls all -day seminar will pre-
sent information Axut the
scope of the proihicm, highlight
city efforts tab reduce drug
abuse through education anti
enforcement, and explore the
issue of employee: drugy, testing.
Rx -few Nle seminar Ls $75.
EXCELLENCE IN LOCAL
GOVERNMENT
Whv are sue cities more suc-
cessfut than (then at eluting
the needs of their citizens and
dealing with xahlic sctor orga.
nizational turbulence? What is
"rscelleacti in foal go vern-
ineill whit criteria define it
and huw' can cities pursue it?
-111is allAav seminar will outline
practical steps to capitalize un
existing urganiralional strengths
and mlprowe management
capacity and discuss the impor-
tant role that political leader-
shi) puns in achieving excel
Ience. 6nicipants will examine
and discuss criteria for excel
Ience in local government. as-
sess levels of excellence in
their ...i cities, and develop
action plana for improving
municipal Performance and
senice.
hix• Jia rix• snrinzn' it S75.
DOWNTOWN
DEVELOPMENT:
CAPITALIZING ON YOUR
LOCAL ASSETS
Tradit ional business centers
across the country increasingly
are losing recognim-d by public
and private sector leaders as an
important asset Ina city's over-
all ponfulio. 11ne reuse and re-
vitalization of central and
neighborhood Mastol ss districts
by emphasizing kcal human
and physical qualities has he -
come :m efftttive mtrkeling
and planning strategy for old as
well as new dowtlteWlls.
This :ll-ttn• seminar will shcnr
city leaders how They cam Ctpi-
talpic on their local assets, spin
ung up evenlhing from retail o
design and promotion. Toe ses-
sion will locus on how to build
and manage a dkwvtxowil ry vi-
talizuion program—fnnn con-
sensus building to Specialized
programsr:flccting the cultural
and ethnic flavor of a Lily. Ef-
fective uses of special events
and unique design opportuni-
ties such as waterfronts and his-
toric districts also will be It=
turtd. Learn him to create the
synergy that makes a ckmmunln
come alive—at night as well as
during the ten'.
red for jibe serrtfnar is S75.
CIARIEYING CABLE
FRANCHISE
ENFORCEMF.N-I'
PROCEDURES
11ne snioure of the Cable tele-
vision industry is dunging as
ownership cnlcenlr-aes and
federal regulation decreases.
Trnslers in ownership are
forcing elected officials o be-
come hwolved in a tow pro-
cess that semi to mirror fran.
chise renewal, and court
appeals of federal regubion' re
quirements are throwing IFan-
chise enforcement into
confusion.
This h:dfdav :d'ternoun session
will clarih• procedures that can
help local guvernment officials
deal with the changes in the ad
ministration of their cable
s"xtenis.
fire jor ax sntimir 2a $40 -
WOMEN IN MUNICIPAL
GOVERNMENT:
IMPROVING YOUR
PUBLIC IMAGE
A an elected official, you moa
spend a lot of time in the pub
he eye—:n council meetingg.,
anmmhty functions and husi-
mness meetinp;s, and at press
omfercntts. What kind of im-
age do lou can v%' lo the pill).
hewhen lou speak? fki your
actions speak kinder than your
words?
This half-dar afternoon session
Will toncentrale oil W;I%s 1,1
puese it a marc positive public•
image and improve public
speaking techniques. TIB Semi-
nar will highlight methods for
enhancing dour public .'peaking
skills and tips for increasing -
vowr confidence at public
forums.
Feefor the s ittivar is $40.
SUNDAY, MARCH 1
MINORITY CAUCUS
COALITION BREAKFAST
NLC;s Minority Caucus Coalition
(mark up of the Asian Pacific
American Municipal Officials,
Ilispanic Elected Local Officials,
National Black Caucus of Local
Elected Officials, and Women in
Municipal Government) will
spmnsor his Fourth Annual
Breakfast on Sunday, March 1,
from 7:30-9:00 a.m. A featured
speaker will address issues of
common concern.
Everyone N invited to attend. A
jor uj $1 j unU be dxvgecl
Policy Committee Meetings
PLENARY SESSION: CAN
URBAN PROGRAMS
SURVIVE FEDERAL
DEFICIT REDUCTION
AND/OR A SHIFT OF
RESPONSIBILITIES TO
THE STATES?
Federal spending lir municipal
programs is under tremendous
pressure from two wurces.
Federal deficitrrJuction targets
.set In, the Gramm-kudm:m-
Hullings legisLition threaten to
dimin:ue funding for local
grant-in-aid programs in luturc
years. At the same time, re -
mewed efforts to shitt Itnll finan-
cial respnsibilim from federal
to state gnrernme•nts fur com-
munis' development. waste-
%aner ireati ent, transit, subsi-
dized housing and striat
service programs could well
leave mann coullunities hold-
ing the fang—with continuing
needs, but without the financial
re-wxnreis netess:un to suppon
them.
Call orlon ptograns sunive?
Will ktknl support for com-
munin' develgbnenL public in-
(nistructure• and social service
programs go the wvv of Gen-
eral Revenue Sparing? Can new•
federal revenues be found to
help reduce the deficit or pro-
vide amimued support for or -
pan aid programs? Can local
programs survive a shift of fis-
cal responsibility from federal
to sate and fail levels?
lhix plenary scy'iun will exam-
ine the pressures currently at
work and the options atTitting
the future of federal aid it) local
g,wernments.
?lie Finance, Administra-
tion and 6nergovernmen-
tat Relations Committee
will focus ora the dinged fed-
eral -state -local Gs:d relation.
Ship atter I(evenue Sharing and
the Tax Reform Act of 1986.
Mandates anti the possibility of
relief offered by proposed fed -
cal legislation will also to con-
sidered. Other prominent ubpb-
icx will include nationaland
M_\0
local eaononlic conditions, the and railroad abandonment is.
status of the federal hudget. sucs mar also he re%iewed by
and the continuing liability and the oslnuuiuee.
h isurante problems facing
cities.
78e Energy, Environment
and Natural Resources
Committee will examine the
problems prlsrd hr the upxonn-
ing sruutun• deadlines f)r
achievement if the ambient
tome standard and tin main.
ment of.seanckary treatment
for municipal waaewaer. Fal
eral regulations implementing
the Safe Drinking Water Aa, Su-
perfund, dor Clean Water Act,
and the liazardous and Sooid
Waste Amendments of 1984 will
also he discussed he the C ni-
minee. Coal l and peirolewn is.
sues will Ili: a pan of the Com-
mince'.s 1987 agenda its well.
The Community and Eco-
nomic Development Com-
millee, will examine trends in
kcal eclnoxnic clrvelopnenL.
particularly as they relae to
changes hrought alxut by fetl
eel tax roorni. The conunince
will also consider the status of
let .ral and sane economic de -
assist
yelglnlem ance progrants
111:1 at, cities and nerupxolt-
t:nl :ureas and continue to mo ni.
air policy and legisLnivc dcyel-
opments in the areas of
housing and community
development.
The Human Develojonrewt
Committee will cackle public
education, drug abuse and
mental health problems :rad de.
velop appropriate policy rec-
unnmendmions. •fhe c•ommilee
will also continue its imerest in
pxwenv-related problems, frith
panindar emphasis on teenage
pregnancy prevention, welfare
reform •and enybloynent and
training for poor and near-pxxr
individuals.
77je Traruportation and
Communications Commit-
tee will locus on federal high-
way reguleton• issues and Wit]
examine federal regulations of
Iwardus transportation by
large• rail and pipeline. Airpwn
issues will he a majur pan of
the cummititL s 1987 pbliq•
agenda as it examines the reau-
tilirizlion of the federal atr-
port development grant pro.
gram and federal airpbon slut
allocation policies. -truck safen-
* Delegates' Luncheon: An
administration official will ad-
drem the conference on a key
urhan issac.
* Welcoming Reception:
Sund:n' evening reception n will
give cin' off icials a chance to
nota their colleagues from all
parts of the count, and it,
share experiences and solutions
to common problems.
MONDAY, MARCH 2
* Priorities Session: NI.C's
president will outline the
league: lobbying priorities for
1987.
* Workshops: Morning and
afermon workalopx will cecr
kcT legislative and mgulatun• 1,
sues, the important poic}• mak-
er in Congress and the execu-
tive branch, and the pons tar
emphasize• in lobbying.
* Delegates' Luncheon: A
congressional leader will meet
with their congressional cklega-
tions to set foonh urban view.
Inints un ken* issues.
TUESDAY, MARCH 3
* Visits to Capitol 11B1: State
municipal leallues:rad individ-
ual or, officials will meel
oongresio nal delegations to
emplusize local views on key
issues. Consult your league di-
rector alxut sieduling. If con
would like NLC to slwdule an
•ippuintnlent for %xxi on the
I lily during the conference, call
(202) 6263020 hetore the
muting. My appwimments
made by NL(: must he coil -
frilled Velure the meeting.
Shuttle hus service will he pro-
viJe-d from the Hiltun (Axel it,
the Capitol maxinuously until
100) a.m.
p',,, -1d
."Jiilft
1!30 p.m. -4-30 P;fh.
Cornmunirv-And
Development
Energy, Environment and
W
4,
4.1
tion Jt:c.
I,
I
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lillmitte's Plerary
M
ph'Urban Progi--vn,
Sutvf during Federal
pm -1:45 p.m.
Dclegites* Wncheon
-2:00 p.m. -4:30 p.m.
pollcy Colyinlittee'Meet illns
4.30 p.int.-6:00 p.m.
Colistituency Group Nlccimgs
6:00 p.m `7;30 p.m.
welcortill
Ig lZeception
MONDAY, NtARC.-Il 2
8-00 a.m.-9:30 a.m.
Priortlies Ses,iun
10-00 a.m.4 2:00
Legislative Workshops
12:30 p.m. -2:00 p.m.
M -legates', Luncheon
2:30 p.m. -4!30 p.m.
Legnslativc wool Shops
•ITUTESDAY-, MARCH 3
Capitol Hill. Shutdc bus sc.mc,
will be pro%rided from Ll,e I I
ton Hotel to the C_lpit�'l
uously until 10:(Y) a.11Consll)[
-1VCl1Jr IC-,IQLIC director for..
M.1ilillgAdda
sulv_--
J:jrr, ilv Nivniburs Attending Chu W$(istl3ti011 t6' IlLIJUJIV,l):
w Full se" M F
in Flit, Allaring my —n with:
(:Rl;D,i CARO AuTnoxim nON
laid
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DGRAM ENI BRIEF
REGISTRATION
FORM
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."Jiilft
1!30 p.m. -4-30 P;fh.
Cornmunirv-And
Development
Energy, Environment and
W
4,
4.1
tion Jt:c.
I,
I
iDO I
lillmitte's Plerary
M
ph'Urban Progi--vn,
Sutvf during Federal
pm -1:45 p.m.
Dclegites* Wncheon
-2:00 p.m. -4:30 p.m.
pollcy Colyinlittee'Meet illns
4.30 p.int.-6:00 p.m.
Colistituency Group Nlccimgs
6:00 p.m `7;30 p.m.
welcortill
Ig lZeception
MONDAY, NtARC.-Il 2
8-00 a.m.-9:30 a.m.
Priortlies Ses,iun
10-00 a.m.4 2:00
Legislative Workshops
12:30 p.m. -2:00 p.m.
M -legates', Luncheon
2:30 p.m. -4!30 p.m.
Legnslativc wool Shops
•ITUTESDAY-, MARCH 3
Capitol Hill. Shutdc bus sc.mc,
will be pro%rided from Ll,e I I
ton Hotel to the C_lpit�'l
uously until 10:(Y) a.11Consll)[
-1VCl1Jr IC-,IQLIC director for..
M.1ilillgAdda
sulv_--
J:jrr, ilv Nivniburs Attending Chu W$(istl3ti011 t6' IlLIJUJIV,l):
w Full se" M F
in Flit, Allaring my —n with:
(:Rl;D,i CARO AuTnoxim nON
laid
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LI sil) 'JUIV .. 111111 lti, I'll, ..I'
Ej $III \\nnlcl, ill M u II It
2. [1 1 oldd like triwel :wsislanki: tile NLC t., )I
D $Is \111x 1r11\C:lt C'xilif-l. ItIvALIM
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I'FOR OFFICE USF ONLY
ADVANCE. REGISTRATION PEESI
J, VVMK 1'IE_
1T Af;n
w;
(110sliviarked by Fcbrtiary 6, 1987)
I'll] No NO
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S2 IS inn Alenlhcl & Iltdill1l %lefill)(1 8—
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PRE-CONt-flIENCE SEMINARS AND SITCIAI. VNENTs
95-____
I In
f_1 $75 V'dic% Lo.ldcl,
%%.,,Iuj,glo" Ifilro"f 0
n 112
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* All sessions is will be
held ;it die vashi,lgton Hilton.
1987 CITY COUNCIL MEETING SCHEDULE
(1/5/87)
Budget Study Sessions - 7:30 p.m.
July 13 Budget Objectives/Orientation
Aug. 31 Budget Study Session I
Sept 1 Budget Study Session II
Sept 21 Budget Study Session III
+ Joint Council/Commission Dinner Meetings - 6:00 p.m.
Feb. 9 Planning Commission
Mar. 23 Board of Zoning Adjustements and Appeals
Apr. 20 Housing & Redevelopment Authority
Jun. 29 Park & Recreation Advisory Commission
* Council/Staff Dinner/Study Meetings - 6:00 p.m.
Mar.
REGULAR
SPECIAL
TOWN
MEETINGS
OPEN
MONDAY
HOLIDAY
BUDGET
STUDY
SESSIONS
i
1987:
JANUARY
5
12, 26
1
--
19
i
FEBRUARY
2
9+, 23
Park and Recreation
--
16
Community Development
MARCH
2, 16
23+, 30*
9 (Area 4)
--
---
I
APRIL
6, 20+
27*
13 (Area 5)
--
---
MAY
4*, 18
--
11 (Area 6)
--
25
JUNE
1*, 15
22*, 29+
8 (Area 7)
--
---
JULY
6, 20
27*
---
--
---
13
AUGUST
3, 17
24*
---
10
---
31
SEPTEMBER
21
14, 28*
---
--
7
1, 21
OCTOBER
5, 19
26*
---
--
---
NOVEMBER
2, 16
23*
9 (Area 8)
--
DECEMBER
7
14
---
21, 28
---
1987
MEETINGS 20 17 5 3 4 4
Budget Study Sessions - 7:30 p.m.
July 13 Budget Objectives/Orientation
Aug. 31 Budget Study Session I
Sept 1 Budget Study Session II
Sept 21 Budget Study Session III
+ Joint Council/Commission Dinner Meetings - 6:00 p.m.
Feb. 9 Planning Commission
Mar. 23 Board of Zoning Adjustements and Appeals
Apr. 20 Housing & Redevelopment Authority
Jun. 29 Park & Recreation Advisory Commission
* Council/Staff Dinner/Study Meetings - 6:00 p.m.
Mar.
30
Open Study
Apr.
27
City Manager
May
4
Open Study
June
1
1986 Auditor's Report
June
22
Public Works
July
27
Park and Recreation
Aug.
24
Community Development
Sept
28
Open Study
Oct.
26
Finance
Nov.
23
Public Safety
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elm creek
Watershed Management Commission.-,
I
EXECUTIVE SECRETARY
Judie Anderson
3030 Harbor Lane
Plymouth. MN 55441
Phone 612+553-1144
TECHNICAL ADVISOR
Hennepin Conservator D str ct
12450 Wayzata Boulevard
Minnetonka. MN 55343
Phone 612/544-8572
Minutes
December 10, 1986
N 9
I. The meeting was called to order at 5:15 p.m. by Chairman Fred
Moore.
II. Terry Muller moved and Mark Sievert seconded a motion to approve
the November 12, 1986 minutes. Motion carried.
III. Robert Derus moved and Steve Peaslee seconded a motion to accept
the Treasurer's Report and pay the bills. Motion carried. Judie An-
derson was directed to submit a bill to the District Office for the
Fish Lake project.
IV. Those present:
Mark Sievert - Dayton
Steve Peaslee - Hassan
Mark Johnston - Henn. Parks
Will Hartfeldt - Attorney
Larry Elwell - Medina
David Anderson - Dist. Off.
Bob Derus - Corcoran
Also present were:
Terry Muller - Maple Grove
Leon Zeug - District Office
Fred Moore - Plymouth
Vernon Peterson - Plynouth
Tom Anderson - Medina
Randy Johnson Champlin
Judie Anderson - Exec. Secy.
Art Schoening - Loretto Mr. and Mrs. John Gullickson - Hamel
V. Reports from the District Office
A. Water Quality Monitoring - The 1986 Annual Water Quality
Report will be available in February.
B. Champlin Mill Pond - The City of Champlin has lowered the
Mill Pond by removing the stop logs from the dam in accordance with
their DNR permit. The HCD will continue to monitor the over -winter
drawdown as a weed control measure in 1987.
C. Fish Lake Project - The equipment has been pulled and will
be replaced next spring.
VI. Election of Secretary - Derus moved and Peaslee seconded a mo-
tion to elect Mark Sievert to fill the unexpired term of Earle Strande.
Motion carried.
�— c:';,), 0'
Hinotes
Decenber 10, 1986
page 2
VII. Plat Reviews
A. 86-037 Joe Raskob, Medina. Derus moved and Muller seconded
a motion directing the District Office to request that Mr. Ras`kob sub-
mit to the Commission a plan showing the original and fill contours as
well as appropriate mitigating measures for the fill placed next to
Elm Creek in Hanel. Motion carried.
B. 86-038 Len Busch, Plymouth. Peaslee moved and duller sec-
onded a motion to approve this plan, including the recommendations of
the HCD regarding erosion control measures. Motion carried.
C. 36-039 John Gullickson, Medina. Peaslee moved and Muller
seconded a motion to table this review until field surveys of the area
can be completed and the effect of the proposed fill on the 100 year
flood plain is evaluated. Motion carried.
D. 86-040 Gerry Dykhoff, Medina. Action on this review was
tabled until a survey of the area is completed.
E. 86-041 TH55 Upgrade, Medina. Sievert moved and Peaslee
seconded a motion to approve the recommendation of the District Office
which concluded that the proposed mitigating measures satisfied the
requirements of the Commission. Motion carried.
F. 86-042 Fountain Park West, Maple Grove. Muller moved and
Sievert seconded a motion to approve this plan, including the recom-
mendation of the NCD that the erosion control practices indicated on
the plan receive regular maintenance during the construction process.
Motion carried.
G. 86-030 Mallard Ridge Apartments, Maple Grove. Peaslee moved
and Muller seconded a motion to approve this plan, including the recom-
mendation of the HCD that the erosion control practices outlined receive
regular maintenance during the contruction period. Motion carried.
H. 86-027 Pine Grove Estates, Maple Grove. Muller moved and
Peaslee seconded a motion to approve this plan subject to the HCD's ap-
proval of the developer's erosion control plan. Motion carried.
VIII. Watershed Management Plan - Moore moved and Peaslee seconded a
motion to approve a resolution to adopt the Water Management Plan in
its entirety as the plan to undergo the mandatory review process re-
quired by State statute, effective December 31, 1986. Motion carried,
with Elwell abstaining. Moore will draft a letter of transmittal by
which to convey this resolution and the Plan to the member communities.
There being no further business before the Commission, the meeting was
adjourned at 7:35 p.m.
JAA:tim
Respectfully submitted,
I
Judie A. Anderson
Executive Secretary
R E S 0 L U T I 0 rd
WHEREAS the Elm Creek Uatershed Management Commission has as-
sembled a database as a rational basis for regulating the Elm Creek
watershed;
WHEREAS the Commission has developed a policy of preventive
management to maintain water quantity and water quality with minimal
reliance on control structures and other works of improvement even
as the watershed urbanizes;
WHEREAS the state legislature has provided a mandatory frame-
work for putting in place and operating a water management plan;
WHEREAS such a plan which meets these statutory standards, im-
plements the preventive management policy and relies on the data
assembled, has been developed and reviewed in its parts;
WHEREAS this plan is now before the Commission for its approval
as the plan to undergo the mandatory review process required by law
to begin before December 31, 1986; and
WHEREAS the Commission is here and now assembled at its usual
time and place of public meeting pursuant to notice and with a quorum
present:
NOW, THEREFORE, upon a motion by Fred Moore and a second by
Steve Peaslee, the Commission adopts the referenced Water Management
Plan in its entirety as the plan for review and thereafter for adop-
tion, all as required by law, effective December 31, 1986.
Voting affirmatively: Mark Sievert, Steve Peaslee, Terry Muller,
and Fred Moore.
Voting against: none.
Abstentions: Laurence Elwell.
Not present: Champlin and Corcoran.
Dated: December 10 1986
5ecrezary
Elm Creek Watershed Management Commission
ja
DECEMBER MINUTES PENDING APPROVAL AT THE JANUARY BOARD MEETINC;Z-<�;�- U
NORTHWEST COMMUNITY TELEVISION CORPORATI N\'` '
MEETING MINUTES i
December 10, 1986, 7:30 AM
Brooklyn Park. Studio �
The regular monthly meeting of the CTC Board of Director-s�'vwas./�
held or, December 10, 1986 and was called to order by Pres%r1��
Cilke at 7:35 AM.
Directors present were: Blank, C i 1 ke, Die 1 eman, Donahue, Gorse,
Fischer, Marshall, Mehrkens, and Tripet.
Staff present: Greg Moore, Mike Johnson, Dave Kiser, Gerri
Hanken.
Others present: Cathy Wilary, Bill Shragg, Dan Kuss, Dave
Carlson.
Agenda Item II.1 - Approval of minutes
Director Donahue moved, seconded by Director Tripet, to approve
the minutes of the Nov. 12, 1986 meeting. Motion carried.
Agenda Item II.2 - Treasurer's Report
Director- Tripet moved, seconded by Director Blank, to approve the
Treasurer's report. Motion carried.
Agenda Item II.3 - Consideration of matching grant applications
The Executive Director passed out updated information regarding
additional matching grant applications which had been received
since the agenda packets were mailed. He said that $25,000 had
been budgeted for matching grants in 1987 and it had also been
decided to give priority for grant money to those institutions
which dry not receive as much production assistance from the CTC
staff. The Executive Director had .been instructed to bring it
before the Board if more than $25,000 was applied for, and since
grant money applications totaled $31,888, it was placed on the
agenda for the Board to decide how funds should be distributed.
Discussion followed regarding distribution of matching grant
money. The Executive Director recommended that the first
priority applications be approved which would include the Cities
of Brooklyn Park, Maple Gr;,ve, Plymouth, Crystal and Golden
Valley, No. Hennepin Technical Center & No. Hennepin Community
Cc<llc-ge for a total of $21,.388 and divide the remaining budgeted
money between the school districts that applied for grants, those
being Wayzata, Osseo & Rabbinsdale.
Director B1ank moved, seconded by Director Marshall, to approve
matching grants at the $25,000 allowed in the budget.
Mc -,re discussior, followed after which Director Blank amended his
mo t icon, with the approval of the seconder Director Marshall, to
ket_p matching grants at $25,000, award the first priorities their
grant money as applied for and have the 2nd and 3rd priorities,
Osseo, <_.nd Rabbinsdale School Districts, meet and decide
divide uo the remaining funds. Motion Carried.
=fib
Agenda T_tcm I i. 4 - Ccnsideration _��_irchasir�n c� ayLa _jk a�ttorr1c-t--
The Executive Director addressed the Board members regarding the
need to be able to do playbacks at times there is no staff member
on duty, such as Christmas Eve, Christmas Day, and especially to
play all the holiday music that had been taped. He said the
answer to this is an automated playback system, and Mike Johnson
gave the Board some information on the automated system that
would be purchased if the Board approved. He said that this
would not be an added purchase but would be substituted for a
video tape recorder source machine which was approved in the
1986-87 supplemental budget. The purchase price would be ap-
proximately $4,800.00.
Director Donahue moved, seconded by Director Mehrkens, to approve
substituting the purchase of a video tape recorder source machine
for a playback automation system which was approved in the 1986-
67 supplemental budget. Motion carried.
Agenda—Item II,5 - Review of employee fringe benefit package
The Executive Director gave an update on the employee fringe
benefit package which is the same as that of the City of Crystal.
He said the city has added a wellness program and asked that the
Beard approve adding this to the CTC employee benefit package.
Director Donahue moved, seconded by Director Tripet to approve
the addition of the wellness program to the CTC's employee fringe
benefit package. Motion carried.
Agenda Item III,1 - Program schedules in Shopper -
The Executive Director- informed the Board members that the com-
munity television program schedules are now in the Post Shopper.
He explained that after the program schedules were laid out, more
space was required than anticipated. Therefore a full one-half
page is needed for weekly schedules and there is no room for a.ds,
announcements, etc. as had been thought. It was suggested that
other access channels that do not have there programs listed be
mentioned in some way in the program schedules.
Agenda Item III.2 - New studio operating hours
The Executive Director- informed the Beard that studio operating
hours will be changed from 12-9 to 1-10 PM, effective January 1,
to create more convenient 2 -hour time slopts for CTC members.
Agenda Item 111,3 - Committee reports
No committees had met since the last Board meeting.
Agenda item -111.,-4 `Cooperative reports
Director~ Cilke reported that the I-26 group had met and at that
meeting Bruce Taiso was re-elected President and Ted Willard re-
elected Secretary and Sharon Gorse volunteered to chair the
Public Relations committee. He said discussion at the meeting
included church choir tapings, channel line-up changes and
programming that is being done on 1-26. Their next meeting will
be Feb. 11.
Director Tripet reported that an educators meeting was held on
Dec. 8 at which channel lineup was discussed as well as interac-
tive activities. He said that Bill Leto, educational repre-
ab
tive activities. He said that Bill Leto, educational repre-
sentative on the CTC board, has been seriously ill, and the coop
voted to have Dave Carlson of the Hennepin County Libraries fill
in in his absence.
Director Marshall reported that the Women's coop held their an-
nual meeting at which Bonnie Kerschke was re-elected Chairperson
and Amy Johnson was elected Associate Chairperson, and Mavis
Doten and Sandy Doberstein were elected members at large. Direc-
tor Marshall also gave an update on activities being worked on by
the women's group and painted out that an annual report of the
women's activities of the past year was included in the agenda
packet.
Agenda Stem III,5 - Staff reports
Mike Johnson reported on community television monthly statistics
and activities and showed examples of the uniset and choir risers
which had been recently purchased. He reported that the Produc-
tion Club received an award from the city of Brooklyn Park for
all their fine work in taping community events over the past
year.
Dave Kiser reported on production department activities in
November, statistics showing that events took the largest portion
of time. He also reported that many choir groups will be per-
forming Christmas concerts which will be taped by the Production
Dept. and he said that the winter sports season will be in full
swing in January and the production staff will be busy taping
sporting ing events.
There being no further business, Director Blank moved, seconded
by Director Tripet, to adjourn the meeting. The meeting was ad-
journed at 8:25 AM.
COMPARISON OF PLANNING APPLICATION VOLUME BY TYPE
The following figures represent the number of applications received and in process by the
Planning Department for the month of: December 1986
TYPE OF APPLICATION
Site Plan
Preliminary Plats*/RLS
Final Plats*/RLS
PUD Concept Plans
PUD Preliminary Plans
PUD Final Plans
Conditional Use Permits
Rezonings**
Lot Division/Consolidation
Variances
Sign Plans
Site Plan Amendments
Rev General Development Plan
Land Use Guide Plan Amendments**
Landscape Plans
Other
TOTAL
* Other than Planned Unit Developments
**Includes Planned Unit Developments
THIS
YEAR
THIS MONTH
LAST YEAR
MONTH
TO DATE
LAST YEAR
TO DATE
3
52
3
58
2
27
-
28
3
41
1
47
_
5
-
7
_
8
-
10
1
18
1
18
2
63
6
64
1
17
-
13
1
27
1
32
1
38
2
52
1
10
-
1
1
2
4
-
7
1
4
-
3
18
314
14
341
c
COMPARISON OF PLANNING APPLICATION VOLUME BY TYPE
The following figures represent the number of applications received and in process by the
Planning Department for the second half of 1986:
TYPE OF APPLICATION
duly
Aug
Sept
Oct
Nov
Dec
Site Plan
4
1
3
7
3
3
Preliminary Plats*/RLS
2
2
2
1
4
2
Final Plats*/RLS
2
6
4
2
4
3
PUD Concept Plans
1
-
-
-
2
-
PUD Preliminary Plats
1
-
-
1
3
-
PUD Final Plats
2
3
1
-
1
1
Conditional Use Permits
2
5
7
6
5
2
Rezonings**
2
1
3
1
1
1
Lot Division/Consolidation
-
5
-
4
2
1
Variances
1
5
4
1
3
1
Sign Plans
-
-
-
-
-
-
Site Plan Amendments
1
2
1
-
1
1
Rev General Development Plans
-
-
-
-
-
-
Land Use Guide Plan Amendments**
-
1
-
-
1
2
Landscape Plans
Other
TOTALS 18 31 25 23 30 1-9—
* Other than Planned Unit Developments
**Includes Planned Unit Developments
= —IS)D
COMMUNITY DEVELOPMENT
BUILDING INSPECTIONS
MONTHLY REPORT OF PERMIT & INSPECTION ACTIVITY DEC. 1986
BUILDING PERMITS
CURRENT
Y.T.D.
1985
L.Y.T.D
Public
0
2
0
5
Comm/Ind/New
1
65
3
22
Alteration
16
145
7
115
Residential
41
837
31
633
Multi -Family
0
10
0
Remodeling
32
658
22
16
503
TOTALS
-----
90
-----
1717
63
1294
OTHER PERMITS
Plumbing
147
154
73
1313
Mechanical
91
1275
43
1040
Signs
17
139
5
94
Grading
5
31
1
19
Wells
3
13
0
20
Moving
1
10
0
5
Sewer/Water
81
--------
1080
61
1491
TOTALS
345
------
4112
-------
183
-------
3982
CERTIFICATE OF OCCUPANCY
70
584
49
451
TOTAL N0. PERMITS CREATED
439
6105
258
5043
TOTAL NO. OF INSPECTIONS
1072
12761
N/A
N/A
0
—r --:-.LA
as ociation of
metropolitan
municipalities
POLICIES
AND
LEGISLATIVE PROPOSALS
1987-1988
ADOPTED BY THE AMM MEMBERSHIP ON NOVEMBER 6, 1986
183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 4
-0
INDEX
PART ONE
MUNICIPAL REVENUES AND TAXATION
PAGE NUMBER
I. MUNICIPAL REVENUES
A.
LEVY LIMITS
1
1. Repeal
1
2. Index
1
B.
LEVY LIMIT MODIFICATIONS
2
-
3
1. Realistic Levy Base
2
2. Reverse Referendum
2
3. Mandated State and Federal Programs
3
4. Comparable Worth Base Adjustment
3
5. Special Levies and Base Adjustments
3
C.
LOCAL GOVERNMENT AID
4
1. Funding
4
2. Administrative Costs
4
D.
PROPERTY TAX
5
-
7
1. Tax Exempt Property
5
2. Railroad Property Taxation
5
-
6
3. Property Tax Reform
6
-
7
E.
SALES RATIO STUDIES AND USE
7
F.
GENERAL FISCAL IMPACT POLICIES
7
-
9
1. Tax Increment Financing
7
-
8
-i-
=-Lk
2. Fiscal Notes Continuation
8
3. Telephone Tax For 911
8
4. Funding Shifts
8
-
9
PART TWO
GENERAL LEGISLATION
II. GENERAL
LEGISLATION
10
-
18
A.
LABOR RELATIONS ISSUES (PELRA)
10
-
11
1. Disciplinary Action
10
2. Impasse Resolution
10
-
11
3. Picket Lines
11
4. Unfair Labor Practice Charges
11
5. Labor -Management Relations
11
B.
TORT LIABILITY
11
-
12
C.
DATA PRIVACY AND OPEN MEETING
12
D.
POLICE AND FIRE PENSION PROVISIONS
12
-
13
1. Portability
13
2. Contribution Amount
13
E.
GENERAL TRADE CONTRACTOR LICENSING
13
F.
EMPLOYEE DISABILITY - LOCAL FUNDS
13
-
14
G.
YOUTH SERVICE BUREAUS
14
H.
WINE IN GROCERY STORES
14
I.
ONE CLASS OF BEER
15
J.
ZONING ORDINANCE INITIATIVES
15
K.
PLUMBING INSPECTIONS
15
-
16
L.
POLICE OFFICER STANDARDS
16
Z LA
M.
LAND SALES BY COMPETITIVE BID
16
N.
CHARITABLE GAMBLING ENFORCEMENT FEES
16 - 17
0.
TORRENS PROPERTY DEREGISTRATION
17
P.
SHADE TREE DISEASE CONTROL
17
20
1. Program Continuation
17
MANDATORY STANDARDS AND ALTERNATIVE HOUSING
2. Grant Funding
17
Q.
TREE REMOVAL AND TREATMENT LICENSING
17 - 18
1. Ordinance Control
18
21
2. Local Licensing
18
AUTHORITY AND RESPONSIBILITY FOR LOCAL
3. Revocation
18
PART THREE
HOUSING IN THE METROPOLITAN AREA
RENTAL HOUSING IN THE METROPOLITAN AREA
III. HOUSING
19 -
23
HOUSING PROBLEM INTRODUCTION
19 -
20
A.
EXAMINE LOCAL REQUIREMENTS
20
B.
PRACTICES WHICH INCREASE HOUSING COSTS
20
C.
MANDATORY STANDARDS AND ALTERNATIVE HOUSING
20
D.
FINANCING STATE AND REGIONAL HOUSING POLICIES
21
E.
FEDERAL AND STATE HOUSING FUNDING
21
F.
AUTHORITY AND RESPONSIBILITY FOR LOCAL
21 -
22
HOUSING PROGRAMS
G.
RENTAL HOUSING IN THE METROPOLITAN AREA
22 -
23
H.
ASSESSMENT RATES FOR RENTAL HOUSING
23
IV.
PART FOUR
METROPOLITAN AREA ISSUES AND CONCERNS
METROPOLITAN AREA ISSUES
24
-
36
PHILOSOPHY
INTRODUCTION
24
A.
PURPOSE OF METROPOLITAN AGENCIES
24
B.
CRITERIA FOR EXTENSION OF POWERS
24
-
25
C.
STRUCTURES, PLANNING, IMPLEMENTATION AND
25
-
27
FUNDING OF SERVICES AND PROGRAMS
1. Policy Planning - Implementation
25
-
26
2. Structure and Relationships
26
3. Funding for Regional Services
26
4. Regional Tax Rates and User Fees
26
-
27
D.
METROPOLITAN GOVERNANCE ACCOUNTABILITY
27
E.
GREEN ACRES - MUSA LINE
27
F.
REVIEW OF FEDERAL PROGRAMS
27
-
28
1. Guidelines for State Process
28
2. Regional Review Agency
28
3. Notification Requirements
28
G.
ENVIRONMENTAL REVIEW PROCESS
28
-
29
H.
COMPREHENSIVE PLANNING - LOCAL AND REGIONAL
29
INTERACTION
I.
COMBINED SEWERS - SEPARATION
29
-
30
J.
METROPOLITAN COUNCIL BUDGET
30
-
31
1. Budget Detail and Specificity
30
2. Post Hearing Budget Increases
30
-iv-
MUNICIPAL REVENUES
PAGE 1 THROUGH 9
LEGISLATIVE POLICIES
MUNICIPAL REVENUE AND TAXATION
I -A LEVY LIMITS
A-1 5% LEVY LIMIT REPEAL
The Association of Metropolitan Municipalities has consistently
opposed the levy limit laws in that they apply uniform statewide
restrictions to cities and are too inflexible to accommodate
inflation, uncertanties in state and federal financial aids, and
the diverse problems and circumstances faced by cities throughout
the state. Such laws are inconsistent with principles of local
self-government and accountability. Neither do they recognize
changing local conditions as to either expenditure needs or
revenue sources. Levy limits may ultimately work against the
interests of local taxpayers because the law creates an incentive
for cities to take maximum advantage of the opportunity to make
general or special levies. For example, the arbitrary decision in
1981 to create a new levy limit base effectively penalized those
cities that were successful in holding down their property tax
levies in 1981. History has now provided cities with numerous
lessons teaching that cities which choose to levy less than the
maximum allowed in a given year risk being later tied to
unrealistic or artifically low new limits for future budget years.
Therefore,
THE AMM REMAINS STRONGLY OPPOSED IN PRINCIPLE TO SUCH LIMITATIONS
AND RECOMMENDS THAT THE MINNESOTA LEGISLATURE REPEAL LEVY LIMIT
LAWS FOR CITIES.
A-2 LEVY LIMIT INDEX
The 1985 Legislature reversed the annual levy limit base increase
index from the greater of the Implicit Price Deflator or 5% to the
lessor of these. For many years cities argued that the levy base
increase should not be a flat percentage but be indexed to reflect
cost of doing business. This is especially true since labor costs
are 60 to 65 percent of the total municipal cost, yet because of
the state PELRA laws control of wages and wage increases often is
determined by outside arbitration. Also, during those years, of
flat percent increase, many adjustments and gimmicks were needed
to keep up but since the adoption of the Implicit Price Deflator
as an index, this has not been the case and property tax
increases have been reasonable.
THE AMM URGES THE LEGISLATURE TO RESTORE THE ANNUAL LEVY BASE
INCREASE TO THE IMPLICIT PRICE DEFLATOR OR 5% WHICHEVER IS
GREATER.
MC
I -B LEVY LIMIT MODIFICATIONS
Although the AMM is strongly opposed to Levy Limitations as
currently legislated, the organization is aware that there is
significant legislative initiative to maintain the responsibility
for local property tax levels. However, local government must
continue and be allowed to provide for services that people demand
and that state and federal law require. Therefore, if repeal is
not adopted, the Association supports amendments to the present
levy limit law to provide further relief from current inequities.
B-1 REALISTIC LEVY BASE
The 1983 legislature restored the pre 1982 levy base formula of
local government aids plus levy limit on which annual growth is
calculated without regard to actual levy. This method provides
that cities may levy less than the limit without losing the
ability to regain the underlevy in future years. The legislature
also provided growth based on an index rather than a flat
percentage and growth increase for the greater of population or
households and some base growth for commercial and industrial
activity. All of these growth factors are necessary as a minimum
to allow cities the ability to at least stay even with service
provisions for the varying population needs.
THE AMM SUPPORTS CONTINUED USE OF THE CURRENT LEVY BASE ADJUSTMENT
FACTORS AS A MINIMUM FOR FUTURE LEVY YEARS IF THE LEGISLATURE
FINDS IT PHILOSOPHICALLY NECESSARY TO CONTINUE LEVY LIMITS FOR
CITIES OVER 5000 POPULATION.
B-2 REVERSE REFERENDUM
The 1981 legislature eliminated the Reverse Referendum procedure
which allowed a local governing body to increase its levy base by
up to 10% if it was at 98% or more of the levy limit the previous
year. The law restricted use to a one time 10% increase or
up to 10% in multiple steps and public hearing procedures. The
increase was subject to a referendum if a petition was presented
containing signatures equal to 5% of the number of persons voting
at the previous general election. If no petition was received,
the increase becomes effective. This provision provided a measure
of flexibility for cities and counties that needed base increases
for various reasons.
THE AMM REQUESTS THE LEGISLATURE RE-ENACT THE REVERSE REFERENDUM
PROVISION TO ADD FLEXIBILITY FOR LOCAL UNITS.
-2-
=-4A
B-3 MANDATED STATE AND FEDERAL PROGRAMS.
The cost of local government is being influenced more and more by
both state and federally legislated mandated programs_and
increased mandated benefits or costs for in-place programs. Due
to current levy limitation restrictions, the ability of local
government to pay these increased costs tc.
THE AMM URGES THE LEGISLATURE TO RECOGNIZE THAT MANDATED INCREASED
EXPENDITURES IN ONE PROGRAM WITHOUT A CORRESPONDING INCREASE IN
FUNDING ABILITY MANDATES A DECREASED EXPENDITURE IN THE OTHER
SERVICE AREAS SUCH AS PUBLIC SAFETY ETC., AND THEREFORE, WHEN SUCH
INCREASES ARE MANDATED THE LEGISLATURE SHOULD PROVIDE A PERMANENT
LEVY LIMIT BASE INCREASE TO OFFSET THE NEW COSTS.
B-4 COMPARABLE WORTH LEVY BASE ADJUSTMENT
Recent actions concerning public employee compensation is having a
significant affect on the ability of Minnesota cities to meet the
increasing salary required to maintain current staffing levels.
Implementation of Comparable Worth salary studies may cause city
payrolls to increase well above the percentage allowed by the
restrictive levy limitation imposed upon cities over 5000
population. Most cities budgets are 65% to 75% payroll related,
therefore, labor related mandated increases above normal inflation
can not be accommodated without service reductions in various
sensitive public health and safety areas.
THE AMM STRONGLY URGES THE LEGISLATURE TO PROVIDE LEVY BASE
INCREASES TO COMPENSATE FOR MANDATED IMPLEMENTATION OF COMPARABLE
WORTH STUDY RESULTS.
B-5 SPECIAL LEVIES AND BASE ADJUSTMENTS
The legislature has recognized that occasionally special
conditions exist requiring special funding or modification of a
cities current funding to provide ongoing required services.
These special levies currently enacted should be continued.
However, there are additional problems that should be considered
for special status such as natural disaster funding, lawful
orders, unusually large FICA adjustments and shifts of service
from one unit of government to another without shifts of funds.
THE LEGISLATURE IS URGED TO CONTINUE CURRENT SPECIAL LEVIES AND
BASE ADJUSTMENT PROVISIONS. FURTHER, THE AMM ENCOURAGES THE
LEGISLATURE TO REVIEW AREAS OF SPECIAL NEED AS THEY ARISE SUCH AS
NATURAL DISASTERS, LAWFUL ORDERS, EXCESS FICA INCREASES AND
EXPENSIVE SERVICE SHIFTS FROM ONE ENTITY TO ANOTHER, AND TO MARE
SPECIAL PROVISION IN THE LEVY LIMIT STATUTES FOR THESE ITEMS.
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I -C LOCAL GOVERNMENT AID
C-1 LGA FUNDING
Local Government Aid distribution from the State to cities has
been a much debated issue the past several years in the
legislature and among various city groups. In the past 16 years
the distribution has ranged from a pure per capita formula to a
need formula based on valuation and service expenditure level.
Possibly because of the distribution debate or because aids to
local government are easy targets, the legislature significantly
reduced its commitment to the aid programs and property tax relief
in the early 1980,s to solve a major portion of the severe
economic recession in the state. Thus for a period of time,
property taxes increased significantly to replace diminished state
revenue to local units of government without corresponding local
service increases. As the recession ended, economic recovery
occurred and state revenues increased, the state renewed its
commitment to maintaining a reasonable level of property taxes and
local services by once again funding local government aid
programs. Although, the debate will undoubtedly continue as to
the appropriate formulas for distribution of aids because of the
vast difference in cities within the state, the legislature should
not abrogate its authority nor lose sight of the overall need to
maintain stable and reasonable property tax levels.
THE AMM URGES THE LEGISLATURE TO CONTINUE ITS COMMITMENT TO ALL
LOCAL GOVERNMENTS AND MAINTENANCE OF REASONABLE PROPERTY TAXES BY
INCREASING ITS FUNDING OF LOCAL GOVERNMENT AID PROGRAMS ON AS FAIR
AND EQUITABLE BASIS AS POSSIBLE. THE LEGISLATURE MAY NEED TO
CONSIDER ADDITIONAL NEW AND CREATIVE METHODS OF SOLVING UNIQUE
LOCAL FUNDING PROBLEMS SEPARATELY FROM THE GENERALIZED FORMULAS.
C-2 LGA ADMINISTRATIVE COSTS
The 1985 legislature provided that a portion of the LGA fund be
paid to the State Auditor and State Demographer for activities
associated with local government. Although the amount of dollars
involved is small, this sets a precedent that could lead to large
allocations of aid funds in the future to fund normal state
government operations and could affect all units of local
government not just cities.
THE AMM OPPOSES FUNDING STATE GOVERNMENT OPERATIONS FROM A
PORTION OF AID ALLOCATIONS AND REQUESTS THE LEGISLATURE TO RESTORE
THE LGA FUND MONIES TAKEN FOR THE OPERATIONS OF THE STATE AUDITOR
AND STATE DEMOGRAPHER DEPARTMENTS.
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I -D PROPERTY TAX
D-1 TAX EXEMPT PROPERTY
One of the glaring inequities in the Minnesota tax system involves
the free local services that are provided to tax exempt property
owned by the state and by certain non-governmental organizations.
It is widely acknowledged that such property benefits directly
from governmental services such as police and fire protection and
street services provided by cities and counties. However, since
there is not legal basis for claiming reimbursement for the cost
of such services, they are borne by the local taxpayers.
Furthermore, such property is concentrated in certain cities and
counties resulting in a heavy cost burden in certain parts of the
state.
THE ASSOCIATION BELIEVES THIS PROBLEM SHOULD BE CORRECTED BY
ENACTING LEGISLATION, REQUIRING OWNERS OF TAX EXEMPT PROPERTY,
EXCEPT FOR CHURCHES, HOUSES OF WORSHIP, AND PROPERTY USED SOLELY
FOR EDUCATIONAL PURPOSES BY ACADEMIES, COLLEGES, UNIVERSITIES AND
SEMINARIES OF LEARNING, TO REIMBURSE CITIES AND COUNTIES FOR THE
COST OF MUNICIPAL SERVICES.
D-2 RAILROAD PROPERTY TAXATION
The existing system for taxation of railroad operating property is
not consistent with the taxation of other commercial and
industrial properties. The present formula values railroad
operating property at about 20% of the value which would be
determined by a local assessor using generally accepted assessing
principles. The AMM recommends that a new system of property
taxation be established which enable railroads operating in
Minnesota to be taxed consistent with the taxation of other
commercial and industrial properties. This system should contain
the following features:
RAILROAD OPERATIONS LAND AND STRUCTURES SHOULD BE LOCALLY VALUED
AND ASSESSED IN THE SAME MANNER AS OTHER COMMERCIAL AND INDUSTRIAL
PROPERTY.
'OPERATING LAND' IS DEFINED TO MEAN ANY LAND WHICH UNDERLIES THE
OPERATING STRUCTURES DEFINED BELOW AND RIGHTS-OF-WAY ADJACENT
THERETO AND WHICH IS NECESSARY TO THE INTEGRAL PERFORMANCES OF
RAILROAD TRANSPORTATION SERVICES.
"OPERATING STRUCTURES" IS DEFINED TO MEAN ALL STRUCTURES OWNED OR
USED BY A RAILROAD COMPANY IN THE PERFORMANCE OF RAILROAD
TRANSPORTATION SERVICES,INCLUDING WITHOUT LIMITATION, FRANCHISES,
BRIDGES, TRESTLES, TRACKS, SHOPS, DOCKS, WHARVES, BUILDINGS AND
OTHER RELATED STRUCTURES. ALL OPERATING STRUCTURES EXCEPT
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RAILROAD BRIDGES, TRESTLES, TRACKS, DOCKS AND WHARVES, SHOULD BE
TAXABLE.
THE PRESENT SYSTEM FOR VALUING AND TAXING NON-OPERATING PROPERTY
SHOULD NOT BE CHANGED.
NO TAXING JURISDICTION SHOULD LOSE REVENUE BECAUSE OF THE CHANGE
FROM THE EXISTING UNIT VALUE SYSTEM TO THE NEW LOCAL ASSESSMENT
SYSTEM.
D-3 PROPERTY TAX REFORM
Many significant changes in the property tax system are currently
being considered. Tne AMM believes it is critical that any
proposal be evaluated on the basis of its impact on individual
communities. A proposal that may appear balanced on a statewide
basis can have very desperate effects on individual cities.
The difference in property tax burdens among taxpayers living in
neighboring tax jurisdictions which provide similar services must
also be kept within reasonable limits. Any significant tax burden
disparities would adversely affect cities' abilities to compete on
a fair basis for residents and economic development.
Tax increment districts are dependent on the mill rate and
assessment ratios of the current property tax system. The
financial viability of those projects should not be jeopardized by
state -imposed changes in the tax structure. Likewise, enterprise
zone businesses have been recruited based on a commitment that
they would receive a preferential classification ratio in the
calculation of their property tax obligations. These development
districts should be protected from any negative consequences of
tax reform. The tax increment financing plan in effect at the
time legislation is passed should be the basis for determining
remedies.
In enacting any major reforms of the Minnesota property tax
system, including the complementary system of aids to local
government, the AMM recommends that the Legislature pursue
policies which meet the following conditions:
THE IMPACT OF THE PROPOSAL SHOULD BE THOROUGHLY ANALYZED, NOT ONLY
FOR ITS IMPACT STATEWIDE, BUT ALSO FOR ITS EFFECT ON INDIVIDUAL
COMMUNITIES.
MAJOR SHIFTS THAT INCREASE DISPARITIES IN TAX BURDENS AMONG TAXING
JURISDICTIONS OR REGIONS WITHIN THE STATE SHOULD NOT OCCUR.
ALL SIGNIFICANT CHANGES SHOULD BE PHASED IN SO THAT CITIES CAN
ADEQUATELY PLAN FOR ANY NEEDED ADJUSTMENTS.
M
LOCAL GOVERNMENT AID, OR AN EQUIVALENT PROGRAM OF SHARING STATE
REVENUE FOR THE PURPOSE OF EQUALIZING LOCAL PROPERTY TAX BURDENS,
SHOULD REMAIN AN ESSENTIAL COMPONENT OF THE PROPERTY TAX SYSTEM.
PROPERTY TAX REFORM SHOULD NOT JEOPARDIZE EXISTING DEVELOPMENT
DISTRICTS WHOSE ESTABLISHMENT AND FINANCING WERE BASED ON
CONTINUATION OF THE CURRENT TAX STRUCTURE. ANY TAX REFORM NEEDS
TO RECOGNIZE EXISTING TAX INCREMENT FINANCE DISTRICTS AND THEIR
CASH FLOW AND OBLIGATIONS. IMPACT ON ENTERPRISE ZONES MUST ALSO
BE ADDRESSED.
SIMPLIFICATION AND ACCOUNTABILITY ARE DESIRABLE GOALS THAT SHOULD
BE ADDRESSED WITHIN THE ABOVE TENETS.
I -E SALES RATIO STUDIES AND USE
Whereas, taxing units in the seven -county metropolitan area are
subject ( 1 ) to certain area -wide levies and (2) to Fiscal
Disparity allocations, it is necessary to ensure tax equalization
among these various tax units. In 1984 the legislature authorized
the Revenue Department to study new methods of calculating sales
ratios by including adjustments for financing, time, etc.
AFTER THE SALES RATIO STUDIES ARE IMPROVED BY INCLUDING ALL
FACTORS OF SALES THE LEGISLATURE SHOULD ENACT LEGISLATION WHICH
MANDATES AT LEAST A 90% SALES RATIO FOR ALL CITIES WITHIN THE
SEVEN -COUNTY METROPOLITAN AREA, THE SALES RATIO SAMPLE TO BE
EITHER DONE OR AUDITED BY THE STATE DEPARTMENT OF REVENUE AND
REQUIRING THAT THE COMMISSIONER OF REVENUE SHALL MAKE AGGREGATE
INCREASE IN THOSE CITIES BELOW 90%. THE SALES RATIO DETERMINATION
FOR THESE PURPOSES TO BE MADE ON THE BASIS OF A 12 -MONTH PERIOD
SAMPLE WHICH BEGINS NO MORE THAN 18 MONTHS BEFORE THE ASSESSMENT
DATE AND ENDS ON OR BEFORE THE ASSESSMENT DATE. FOR USE IN
FORMULAS, THE LEGISLATURE SHOULD ADOPT THE MEDIAN RATIO INSTEAD OF
AGGREGATE, SINCE IT MAY BE MORE REFLECTIVE OF LOCAL ASSESSING
PRACTICE AND IS LESS SUBJECT TO WIDE VARIATIONS OF SALES, AND
COUNTY WIDE SAMPLING UNLESS A STATISTICALLY SIGNIFICANT NUMBER OF
SALES OCCUR LOCALLY.
THE AMM OBJECTS TO SALES RATIO BEING USED AS A BASIS FOR PENALTY
OR BONUS OF STATE AID FUNDS.
I -F GENERAL FISCAL IMPACT POLICIES
F-1 TAX INCREMENT FINANCING
Tax increment financing has permitted many cities in various parts
of the state to define and carry out rehabilitation, development,
housing, and economic development projects on their own
initiative. It represents the most feasible and effective legal
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strategy which is currently available to cities in preserving and
improving the physical and economic environment in their
communities.
THE AMM, BELIEVES THAT PRESENTLY NO SUBSTANTIVE CHANGES ARE
NECESSARY AND RECOMMENDS THAT NO SUBSTANTIVE CHANGES BE MADE BY
THE LEGISLATURE BEYOND FEDERAL LAW REQUIREMENTS .
F-2 FISCAL NOTE CONTINUATION
Many laws are passed each year by the legislature which have a
substantial effect on the financial viability of cities. Some of
these, such as revenue and tax measures, have an obvious and
direct effect which is often calculated and reported during the
hearing process. Many others, such as worker's compensation
benefit increases, mandated activities, binding arbitration and
other labor related legislation, social programs, etc., have
costs which are not as obvious but which will now be known due to
a fiscal note requirement. Cities and others will now be able to
determine the real cost of a program or suggestion and be able to
use this data in determining the merits.
THE STATE SHOULD CONTINUE A POLICY OF "DELIBERATE RESTRAINT" ON
ITS MANDATED PROGRAMS AND UTILIZE EXTENSIVELY THE RECENTLY
ADOPTED FISCAL NOTE STATUTE IDENTIFYING LOCAL GOVERNMENT COSTS
ON ANY NEW MANDATED PROGRAMS.
F-3 TELEPHONE TAX FOR 911
The 1985 legislature enacted a tax on all telephone service to pay
the state share of capital and trunk costs for the mandated 911
Emergency Telephone Service. As part of the 911 mandate, counties
and local units had to pay equipment costs, line costs, and on
going operating expenses from an already overburdened and limited
general property tax levy. Unlike the state, local units do not
have the authority to recover these ongoing costs. Therefore,
THE AMM REQUESTS THE STATE LEGISLATURE TO INCREASE THE 911
TELEPHONE TAX TO PAY THE LOCAL SHARE FOR EQUIPMENT AND CONTINUING
LINE COST.
F-4 FUNDING SHIFTS
Currently, about 60% of the state's sales and income tax revenue
comes from the Metropolitan Area and 40% from Greater Minnesota.
However, only about 40% of the state aids and credits (LGA, school
aid, homestead credit, county aids, etc.) are received by Metro
Area taxpayers/units of government. For example, although over
60% of the persons who live in cities reside in the Metro Area,
Metro Area cities receive less than 55% of the 1986 LGA. Under
the current formula, this percentage will drop to 50% when the
IM
formula is fully funded.
Likewise, homeowners in the Metro Area pay almost three times the
property taxes as homeowners elsewhere, and the taxes paid in the
Metro Area per $1000 of assessed value is over $60 while elsewhere
it is under $50.
Many of the proposed "property tax reform" proposals, including
the revisions of LGA and School Aid formulas, would increase this
property tax/state aid disparity between the Metro Area and the
rest of the state.
INSTEAD OF GREATLY INCREASING PROPERTY TAX RELIEF PROGRAMS IN
AREAS OF THE STATE WHERE PROPERTY VALUES ARE DECLINING, THESE
COMMUNITIES SHOULD CONTINUE TO BE GIVEN THE DEVELOPMENT TOOLS AND
STATE ASSISTANCE NECESSARY TO INCREASE OR AT LEAST KEEP CONSTANT
THEIR ASSESSED VALUATIONS, THUS IMPROVING THEIR OWN PROPERTY TAX
BASE THROUGH LOCAL EFFORTS.
II
GENERAL LEGISLATION
PAGE 10 THROUGH 18
T =L
II 4
GENERAL LEGISLATION
II -A LABOR RELATIONS ISSUES (PELRA)
In addition to coverage under the Minnesota Public Employee
Labor Relations Act, public employees find their employment
relationship governed by a number of laws that can conflict with
their collective bargaining rights negotiated under �_ELRA.
Disciplinary actions against a public employee can be governed by
the veterans preference law, the human rights act, federal
discrimination laws, civil service or merit systems, laws relating
to specific employee classes (i.e. city managers) or specific job
protections (i.e. right to know or workers compensation laws) or
by state and federal due process or implied contract provisions.
PELRA should be amended to encourage successful negotiation of the
"terms and conditions of employment". Specifically, constraints or
artificial timelines on the parties' ability to bargain, should be
amended.
A-1 DISCIPLINARY ACTION
PUBLIC EMPLOYEES INCLUDING VETERANS SHOULD HAVE "ONE BITE" IN
GRIEVANCE OR DISCHARGE ACTIONS. THE NEGOTIATED COLLECTIVE
BARGAINING AGREEMENT SHOULD CONTROL THE ACTION, AS LONG AS
STATE AND FEDERAL DUE PROCESS GUARANTEES ARE PRESENT.
THE DISCHARGE PROCEDURES UNDER ANY LAW OR SYSTEM SHOULD BE HELD
BEFORE A NEUTRAL PARTY AND SHOULD BE HANDLED WITHIN 120 DAYS OF
THE DISCIPLINARY ACTION INITIATED BY THE PUBLIC EMPLOYER.
COMPENSATION PAYMENTS AND ACCRUAL OF BENEFITS SHOULD NOT BE
PERMITTED WHERE AN EMPLOYEE HAS BEEN GIVEN NOTICE OF THE
EMPLOYER'S INTENT TO DISCHARGE AN EMPLOYEE FOR "JUST CAUSE."
PROBATIONARY EMPLOYEES SHOULD BE TREATED UNIFORMILY, AND
PROVISIONS OF THE VETERANSE PREFERENCE LAW PROHIBITING DISMISSAL
WITHOUT A HEARING DURING THE PROBATION PERIOD SHOULD BE
AMENDED.
THE BUREAU OF MEDIATION SERVICES SHOULD BE PERMITTED TO ENCOURAGE
AN EXPEDITED GRIEVANCE ARBITRATION PROCESS.
A-2 IMPASSE RESOLUTION
ALL PUBLIC EMPLOYEES, REGARDLESS OF JOB CLASSIFICATION, SHOULD
HAVE THE RIGHT TO STRIKE. HOWEVER, A STATUTORY MECHANSIM SHOULD
BE PUT IN PLACE THAT ALLOWS A PUBLIC EMPLOYER TO ADDRESS PUBLIC
HEALTH, SAFETY AND WELFARE CONCERNS IN THREATENED OR ACTUAL STRIKE
SITUATIONS.
PUBLIC EMPLOYEES SHOULD BE REQUIRED TO PARTICIPATE IN MEANINGFUL
MEDIATION UNTIL AN IMPASSE IS DECLARED BY THE MEDIATOR. THE
ARBITRARY STATUTORY IMPASSE TIMELINES SHOULD BE REPEALED.
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PUBLIC EMPLOYEES, AFTER IMPASSE IS
GIVE ONLY ONE NOTICE OF THEIR INTENT
STRIKE. IF THE NOTICE IS GIVEN AND
STATUTORY PERIOD, THEY WOULD LOSE
A-3 PICKET LINES
DECLARED, SHOULD BE ALLOWED TO
TO EXERCISE THEIR RIGHT TO
THEY FAIL TO STRIKE DURING THE
THEIR RIGHT TO STRIKE.
NO PUBLIC EMPLOYEE SHOULD BE GIVEN THE RIGHT TO REFUSE TO CROSS
A PICKET LINE.
A-4 UNFAIR LABOR PRACTICE CHARGES
REVIEW OF UNFAIR LALOR PRACTICE CHARGES SHOULD BE TRANSFERRED FROM
DISTRICT COURT TO THE ADMINISTRATIVE AGENCIES CHARGED WITH
ENFORCING PELRA .
A-5 LABOR-MANAGEMENT RELATIONS
THE LEGISLATURE SHOULD PROMOTE IMPROVED COMMUNICATION AND
COOPERATION BETWEEN EMPLOYERS AND EMPLOYEES BY ENACTING A STATE
LABOR-MANAGEMENT PROGRAM WITHIN THE STATE BUREAU OF INFORMATION
SERVICES.
II -B TORT LIABILITY
The Municipal Tort Liability Act was enacted to protect the public
treasury while giving the citizen relief from the arbitrary,
confusing, and administratively expensive prior doctrine of
sovereign immunity with its inconsistent and irrational
distinctions between governmental and proprietary activities. The
act has served that purpose well in the past, however, courts
frequently forget or ignore the positive benefits secured to
citizens damaged by public servants as a result of enactment of
the comprehensive act which includes some limitations on liability
and some qualifications of normal tort claims procedure.
The special vulnerability of far-flung government operations
to debilitating tort suits continues to require the existence of a
tort claims act applicable to local governments or local
governments and the state. The need for some type of limitations
is evidenced by recent experiences with the insurance market.
Cities in Minnesota are finding it increasingly difficult to
obtain insurance at an affordable rate, if at all. Amendments in
1983 to increase the dollar amounts recoverable by plaintiffs
should be adequate to satisfy any reasonable claim. Further
changes in limits should not be made.
The area of joint and several liability does however need review.
It is not in the best interest of the general taxpayer nor is it
good policy to maintain a system where deep pockets, the city
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(public taxpayers), is held financially liable well beyond its
actual fault. Finally, city elected and appointed officials are
often the subject of lawsuits demanding punitive damages. It is
only reasonable that if through their duty they are subjected to
this risk the city should not only be responsible for defr,-rise but
also for the punitive damage if one is awarded.
THE AMM SUPPORTS THE CONTINUED EXISTANCE OF THE MUNICIPAL TORT
LIABILITY ACT AND RECOMMENDS THAT THE CURRENT LIMITS OF LIABILITY
REMAIN INTACT.
THE AMM URGES THE LEGISLATURE TO REVIEW THE JOINT AND SEVERAL
LIABILITY ISSUE AND MODIFY IT SO THAT CITIES AND THEIR TAXPAYERS
ARE NOT UNFAIRLY SUBJECTED TO DEEP POCKET AWARDS.
FINALLY, THE AMM REQUESTS THE LEGISLATURE TO PROVIDE THE
OPTION FOR CITIES TO PAY PUNITIVE DAMAGES AWARDED AGAINST CITY
ELECTED AND APPOINTED OFFICIALS ARISING FROM ACTS PERFORMED IN
THEIR OFFICIAL CAPACITY.
II -C DATA PRIVACY AND OPEN MEETING
Data privacy laws protect individuals from the release of
information to the public which the legislature has deemed to be
private or which could be unnecessarily harmful to the
individual. On the other hand, the open meeting law prohibits
local government units from holding closed sessions except when
discussing pending or actual law suits with an attorney or labor
negotiations. Unfortunately, many occasions have arisen in past
years where local units in dealing with individuals or employee
disciplinary matters have been forced to either violate the Data
Privacy Statutes or the Open Meeting Statute in order to fairly
resolve the issue.
THE AMM REQUESTS THE LEGISLATURE TO MAKE THE DATA PRIVACY AND OPEN
MEETING LAWS CONSISTENT SO THAT TO COMPLY WITH ONE LAW A CITY
SHOULD NOT HAVE TO VIOLATE THE OTHER. FURTHER, THE AMM STRONGLY
SUPPORTS LEGISLATION FAVORING DATA PRIVACY OVER OPEN MEETING WHERE
CONFLICTS ARISE TO PROTECT THE EMPLOYEES RIGHT OF CONFIDENTIALITY
FOR PERSONAL AND PRIVATE DATA AS IS DONE IN THE PRIVATE SECTOR AND
SECURED BY FEDERAL LAW.
II -D POLICE AND FIRE PENSION PROVISIONS
Local police and full-time fire relief associations were phased
out by the 1980 legislature, unless the local council opts to keep
the relief association. All new employees will become part of the
state police and fire PERA fund and the state will reimburse local
units for a portion of the unfunded liability remaining in the
local fund. Employee contributions were set at 8%. However, the
Legislative Retirement Commission has in the past established a
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general policy requiring public safety employees to pay 40p of the
normal pension costs. These changes have greatly helped solve a
most serious problem but a few minor adjustments are still
necessary. The AMM believes that:
D-1 PORTABILITY
SOME FORM OF PORTABILITY INTO THE PERA POLICE AND FIRE FUND SHOULD
BE PROVIDED TO MEMBERS OF LOCAL POLICE AND FIRE RELIEF
ASSOCIATIONS IF THEY TAKE A PUBLIC SAFETY POSITION IN ANOTHER
GOVERNMENTAL UNIT BEFORE THEIR PENSION BENEFITS ARE VESTED. THE
LAW SHOULD ALSO BE AMENDED TO PERMIT A MEMBER OF THE PERA POLICE
AND FIRE FUND TO CONTINUE PERA COVERAGE WHEN THE MEMBER TAKES A
PUBLIC SAFETY POSITION IN A CITY WITH A LOCAL RELIEF ASSOCIATION.
D-2 EMPLOYEE CONTRIBUTION AMOUNT
EVEN THOUGH THE EMPLOYEE CONTRIBUTION AMOUNT WAS SET AT 8%, IN
MANY FUNDS THIS IS NOT EQUIVALENT TO 40% OF THE NORMAL COSTS. THE
AMM URGES THAT THE CONTRIBUTION LEVEL BE SET AT 40% OF THE NORMAL
COST OF FINANCING THE BENEFITS EVEN IF THIS AMOUNT EXCEEDS 8% OF
BASE SALARY. ANY INCREASE IN BENEFITS FOR CURRENT EMPLOYEES
INCLUDING ANY RESULTING DEFICIT, SHOULD BE FINANCED 50% BY THE
EMPLOYING CITY AND 50% BY EMPLOYEES ON A CURRENT BASIS.
II -E OPPOSE STATE OR METROPOLITAN LICENSING OF GENERAL TRADE
CONTRACTORS
Licensing of general trade contractors and various other
activities has long been a local prerogative, and the mechanism
for license review, issuance, and enforcement is already in place.
The primary reason that local licensing has been successful and,
therefore, maintained at the local level, is that inspection and
enforcement personnel reside at the local level, know the area and
activities, and are familiar with local ordinance and
restrictions, thus providing better and faster enforcement.
Suggestions have been made to form a statewide or metropolitan
wide licensing authority and split the revenue among the licensing
agency and various municipalities with the municipalities
maintaining enforcement tasks. It is questionable under this
arrangement, if either the agency or municipalities would have
enough funds to accomplish the respective tasks. In these times
of economic stress it does not seem logical to increase
participation in an area that has and is being handled
effectively at the local level. Therefore,
THE AMM STRONGLY OPPOSES STATE OR METROPOLITAN TAKEOVER OF GENERAL
TRADE CONTRACTOR AND OTHER ASSOCIATED TRADE CONTRACTOR LICENSING.
II -F EMPLOYEE DISABILITY - LOCAL POLICE AND FIRE FUNDS
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—
A number of cites c police and fire pensior. 4'Un, a,_ e
experienCiGE a rirc e:) v* i:.;i em. o y e e s receivindisab—y
payments fro,- the I cca1 fuTI, and full worker's cc:,ipensaticr,
payments totaling more in after tax take home pay than if t_ej
were working. PE, -lir. police and fire employees are prohibiter
law from receiving greater pay while on disability than while
working, but Minnesota Statutes 424.27 specifically prohibi.tF
cities with local pians from correcting the above situation. Triis
quirk in the law is a costly one for cities and provides impetus
for marginally disabled employees to stay home. Why work when you
can make more by nct wcrk'Ln ,?. Therefore,
THE AMM URGES THE LEGISLATURE TO CORRECT MINNESOTA STATUTE 424.2;
TO ELIMINATE THE ABS-ITY OF AN EMPLOYEE IN A LOCAL POLICE OR FIRE
FUND TO RECEIVE DOUBLE DISk-,ILITY PAYMENTS WHICH EXCEED THE NORMAL
AFTER TAY, WORKING 1NCOME. FURTHER, THE LEGISLATURE SHOULD CLARIFY
AND ESTABLISH STANDARDS SIMILAR TO PERA FOR DETERMINING
DISABILITY.
II -G YOUTH SERVICE BUREAUS
Youth Service Bureaus operating within or by joint powers
agreement amont a small number of communities and sponsored
initially throu€;h federal and state grants have proven successful
in curbing increasc;u incidence of repetitive youth offense,
especially because of the ease and speed of access for 'Local
clients. However, this concept is endangered due to funding
limitations caused in part by levy limit restrictions which do not
allow flexibility to start new programs or allow funding when
Federal Grants run out and in part through decreasing state
grants. The 'Legislature should encourage local governments to
sponsor Youth Service Bureau type activities as a help and buffer
to the court system and a preventative for habitual youth offense.
THE LEGISLATURE SHvULD REVERSE THE PAST FEW YEARS TREND AND
INCREASE THE STATE GRANT PROGRAM FUNDING FOR YOUTH SERVICE BUREAU
ACTIVITIES. ADDITIONALLY, FOR THE PROGRAMS TO SUCCEED, LOCAL
UNITS MUST BE PROVIDED THE ABILITY TO FUND THESE PROGRAMS THROUGH
THE LOCAL PROPERTY TAX LEVY BY USE OF A SPECIAL LEVY OR BASE
INCREASE.
II -H WINE IN GROCERY STORE
Sale of wine in grocery or fast food stores would create many
problems of control for local units of government since minors
have a significantly higher employment rate in these
establishments. A local option on sales is also unworkable,
particularly where cities share borders and are densely located.
THE AMM OPPOSES PROVISION FOR THE OFF -SALE OF WINE IN OTHER
THAN LIQUOR STORES.
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II -I ONE CLASS OF BEER
Legislation has been proposed in past years to eliminate the
manufacture and sale of 3.2 beer in Minnesota. If this were done
substantial problems could arise in control of the sale of strong
beer in service stations, grocery stores, drugstores, and
elsewhere that 3.2 beer is presently sold.
THE AMM OPPOSES THE ELIMINATION OF 3.2 BEER SALES IN MINNESOTA.
SHOULD THE MANUFACTURE AND SALE OF 3.2 BEER BE ELIMINATED IN THE
STATE OF MINNESOTA, THE AMM STRONGLY URGES CONTINUED LOCAL CONTROL
OF LICENSING AND WOULD. OPPOSE LEGISLATION MANDATING OR
GRANDFATHERING LICENSING OF 3.2 BEER SALES LOCATIONS WHERE THE
PRINICPAL PRODUCT IS NOT STRONG ALCOHOLIC BEVERAGES.
II -J OPPOSE INITIATIVE -REFERENDUM FOR ZONING ORDINANCES
The Municipal Planning Act has been interpreted to allow for
initiative and referendum (IR) in cities with charter provisions
allowing for IR. There is evidence that this interpretation has
interferred with cities' efforts to achieve their planning and
development goals, particularly in the housing field in the
metropolitan area.
First, the statutory procedure on zoning ordinances provides ample
opportunity for the participation of both the general public and
individual property owners in decisions relating to zoning
ordinances or the Municipal Comprehensive Plan. It is
inappropriate to allow such a long deliberative process to be
overturned by a relatively few voters who may have narrow
interests in the issue.
Second, the clear intent of the existing planning law is that
zoning ordinances and amendments not be subject to IR. Without a
clear uniform statutory procedure for the implementation of
municipal planning, statutory and charter cities will be subject
to different procedures and the intent of the act will not be
realized. Therefore,
THE AMM SUPPORTS AN AMENDMENT TO THE MUNICIPAL PLANNING ACT TO
PROVIDE THAT ZONING ORDINANCES AND AMENDMENTS NOT BE SUBJECT TO
CITY CHARTER PROVISIONS ON INITIATIVE AND REFERENDUM.
II -K PLUMBING INSPECTIONS
Currently plumbing inspections are being handled as a routine
part of the overall inspections done through city Building
Inspection Programs. No special requirements exist other than
normal certification of the Building Inspector. Electrical
inspections are done by State Electrical Inspectors. In 1985 the
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�7—
Senate passed and the House considered a bill to require plumbing
inspections be done by licensed plumbers Where this is currently
done, plumbing permit costs are significantly higher.
THE AMM OPPOSES MANDATING BY THE STATE THAT ALL PLQMBING
INSPECTIONS BE DONE BY LICENSED PLUMBERS AS UNNECESSARY AND OVERLY
EXPENSIVE. THE AMM WOULD SUPPORT DEVELOPMENT OF AN APPROPRIATE
PLUMBING INSPECTION TEST AND CERTIFICATION BY THE DEPARTMENT OF
ADMINISTRATION FOR PLUMBERS AND/OR CURRENT BUILDING INSPECTORS IF
THERE IS PROVIDED ADEQUATE TIME AND EDUCATIONAL OPPORTUNITY FOR
CURRENT INSPECTORS TO BECOME CERTIFIED.
II -L POLICE OFFICER STANDARDS
Since the adoption of uniform standards of training and licensing
for police officers in 1978 many positive changes have been made
to allow a wide range of people to qualify to be police officers
in Minnesota. However, one area is still a significant problem,
protected class recruitment, specifically Black and Hispanic
minorities. Because of the education requirements, people must
decide or be recruited early in the post secondary education time
frame, to qualify in police work. Neither POST nor cities are in
the position of being able to induce or recruit people into the
appropriate eductional track at the appropriate time and the
University/College system is not doing so either. Therefore,
protected class hiring is very difficult.
THE AMM SUGGESTS THE LEGISLATURE ESTABLISH A STUDY TO DETERMINE
METHODS TO ENCOURAGE RECRUITMENT AND DEVELOPMENT IN THE POST
SECONDARY EDUCATIONAL SYSTEM OF PROTECTED CLASS PERSONS FOR
CAREERS IN POLICE WORK.
II -M LAND SALES BY COMPETITIVE BID
Legislation introduced in 1985 required that any land sold by a
city would have to have three weeks published notice and sold at
the most favorable bid to th city. All bi s c- nld be rejected.
The bill did not consider development activities such as TIF, HUD,
etc. or what happens if no bid is received. Nor did it consider
cases where small or unbuildable parcels exist that should be
handled through negotiated sales or trades with neighboring
property owners.
THE AMM OPPOSES IMPOSITION OF A MANDATED COMPETITIVE BIDDING
PROCESS FOR SALE OF LAND BY CITIES.
II -N CHARITABLE GAMBLING ENFORCEMENT FEES
Since the establishment of the State Gambling Board and
liberalization of charitable gambling permitted within various
establishments, there has been a significant increase in local
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enforcement needs and costs.
THE AMM URGES THE LEGISLATURE TO MODIFY THE CHARITABLE GAMBLING
STATUTE TO PROVIDE LOCAL UNITS WITH A SHARE OF THE ANNUAL STATE
TAX PROCEEDS FOR ENFORCEMENT PURPOSES.
II -0 TORRENS PROPERTY DEREGISTRATION
In all but counties containing a city of the first class
deregistration of Torrens property may be done in a reasonably
easy and quick manor through application and hearing in district
court. After reconciling any discrepancies the court may order a
certificate of title and recording with the registrar of deeds.
In counties containing a city of the first class the process is
somewhat differant administratively and in Ramsey county has
become drawn out, between 2.5 and 3 years on the average. This
is a significant problem for redevelopment where re -registration
or replatting is necessary.
THE AMM REQUESTS THAT THE PROCESS FOR DEREGISTRATION OF TORRENS
PROPERTY IN COUNTIES CONTAINING CITIES OF THE FIRST CLASS BE
STREAMLINED THRU LEGISLATION SIMILAR TO OTHER COUNTIES OR
ADMINISTRATIVE CHANGE.
II -P SHADE TREE DISEASE CONTROL PROGRAM
Starting in 1977 the legislature made a strong commitment to
control Dutch Elm and Oak Wilt tree diseases by enacting an
excellent Shade Tree Disease Control program and backing that
legislation with sufficient funding to bring the diseases under
control. However, due to lack of financing in the most recent
past, Dutch Elm disease is once again spreading rapidly as it has
in other areas of the country when financial commitment has
stopped. Therefore, the AMM urges the legislature to:
P-1 PROGRAM CONTINUATION
CONTINUE THE SHADE TREE DISEASE CONTROL LEGISLATION WITH NO
CHANGES AND TO PERMIT CITIES TO USE SPECIAL LEVIES, SPECIAL
ASSESSMENTS, AND OTHER SOURCES TO FUND LOCAL CONTROL PROGRAMS.
P-2 GRANT FUNDING
THE LEGISLATURE SHOULD ONCE AGAIN MAKE SHADE TREE DISEASE CONTROL
A TOP PRIORITY ISSUE AND RE-ENACT THE GRANT PROGRAM AT A
SUFFICIENT LEVEL TO ACHIEVE A 50% SANITATION AND REFORESTATION
TARGET LEVEL.
II -Q TREE REMOVAL AND TREATMENT LICENSING
The high incidence of Dutch Elm and Oak Wilt disease has
-17-
understandably caused a large increase in the activity and numbers
of firms in the tree removal and treatment service business.
Several proposals have been made to initiate metropolitan or
statewide licensing and setting of standards. The Association
does concur that some form of consumer and worker protection, as
well as control of chemical treatment activities, would be
advisable. However, we would oppose mandatory licensing on state
or metropolitan level. Licensing of contractors and various
activities has long been a local prerogative and the mechanism for
license review, issuance and enforcement is already in place. The
primary reason that local licensing has been successful and,
therefore, maintained at the local level, is that inspection and
enforcement personnel reside at the local level and are much more
familiar with the area and activities thus providing better and
faster enforcement. Most local units currently have a tree
inspector and some form of control/removal program. It then
logically follows that licensing could most economically and
efficiently be initiated and enforced at this level.
Q-1 ORDINANCE CONTROL
THE ASSOCIATION URGES MUNICIPALITIES TO ADOPT TREE REMOVAL AND
TREATMENT LICENSING PROCEDURES FOR THE PROTECTION OF PROPERTY
OWNERS, THE GENERAL PUBLIC, AND EMPLOYEES OR FIRMS ENGAGED IN THAT
SERVICE. TO THAT END, THE ASSOCIATION HAS DEVELOPED AND WILL MAKE
AVAILABLE TO INTERESTED MUNICIPALITIES A MODEL ORDINANCE SETTING
STANDARDS AND REGULATING THE ACTIVITIES OF TREE REMOVAL AND
TREATMENT FIRMS.
Q-2 LOCAL LICENSING
THE ASSOCIATION STRONGLY SUPPORTS TREE REMOVAL AND TREATMENT
LICENSING AT THE PREROGATIVE OF LOCAL GOVERNMENT BUT DOES STRONGLY
OPPOSE INITIATION OF MANDATORY LICENSING AND/OR LICENSING AT THE
STATE OF METROPOLITAN LEVEL. IT IS RECOMMENDED THAT THE STATE
ESTABLISH UNIFORM MINIMUM STANDARDS FOR SHADE TREE TREATMENT
CONTRACTORS AND BUSINESSESS.
Q-3 REVOCATION
RECOGNIZING THAT THERE ARE EFFORTS ON THE PART OF SOME TO
LEGISLATE STATE OR METROPOLITAN WIDE LICENSING, THE AMM URGES THAT
IF AREA WIDE LICENSING IS CONSIDERED, THAT A PROVISION BE
INCLUDED ALLOWING A LOCAL UNIT TO REVOKE THE LICENSE PROVISIONS
WITHIN ITS JURISDICTION.
III
HOUSING IN THE METROPOLITAN AREA
PAGE 19 THROUGH 23
-T_ -
III
HOUSING IN THE METROPOLITAN AREA
HOUSING PROBLEM DEFINITION
Affordable housing is a metropolitan problem of major
proportions according to data compiled by the Metropolitan
Council and the Minnesota Housing Finance Agency. There are
strong indications that under existing conditions, the total
need for housing or the need of the lower income segment will
not be met. There is an equally important problem of
maintaining and re -using existing housing stock effectively.
The Federal and State Governments appear to be reducing their
financial commitments for housing for low and moderate income
persons and this will intensify the housing shortage problem
for those unable to purchase or rent at market rates. Local
units of government do not have the financial capability to
assume the shortfall in Federal and State provided subsidies.
The housing problem for persons unable to afford market rate
housing can only be solved if all levels of government and
the private sector work together and if each contributes a
fair share to the solution.
Each level of government should contribute to help solve the
problem and each level's contributions should be of the kind
it is best suited to make. The Federal and State Levels
should continue to provide most of the direct subsidies for low
and moderate income persons. The Federal and State
Governments also have the responsibility to provide a tax
climate in which the private sector can produce rental units
that are affordable to low and moderate income households.
The State should also grant local units of government the
authority and flexibility to conduct the kind of housing
programs that best meets their diverse needs.
The Metropolitan Council should continue to place high
priority on housing planning for the Metropolitan Area and
provide specific guidance to the public and private sectors so
that both can make rational decisions relative to future
housing needs. The council should continue to be aggressive in
seeking inovative ways to create housing opportunities for
low income persons.
Local units of Government also have a strong role to play.
Land use controls constitute a small portion of the total
cost of housing but local units should not set requirements
which go beyond what is necessary for the protection of
health, safety and welfare. Local units should also work
with the private sector to make the best use of existing
tools (revenue bonds, tax increment financing, etc.) to
produce housing which is more affordable.
Decision makers at all levels of government must become more
cognizant of their actions, policies, and decisions which have
-19-
an indirect but substantial impact on housing costs.
III -A EXAMINE LOCAL REQUIREMENTS
Local requirements, if excessive, could increase the cost of
producing housing and all participants in the housing
delivery system need to do their part to hold costs down.
COMMUNITIES SHOULD EXAMINE THEIR LOCAL REQUIREMENTS (LAND
USE REGULATIONS, SUBDIVISION ORDINANCES, ETC.) TO ASSURE
THAT THESE REQUIREMENTS DO NOT GO BEYOND WHAT IS NECESSARY FOR
THE PROTECTION OF HEALTH, SAFETY, AND WELFARE, AND
INHIBIT THE CONSTRUCTION OF AFFORDABLE HOUSING. MODIFICATIONS
SHOULD BE MADE WHEN APPROPRIATE.
III -B PRACTICES WHICH INCREASE HOUSING COSTS
Decision makers at various levels of government must become
more cognizant of actions they take which have an indirect but
substantial impact on housing costs. These actions in
themselves may be worthwhile and beneficial, but when
implemented result in increased housing costs. Examples of
this type of action would include such things as the sewer
availability charge, restricted growth policies, building and
energy codes, environmental rules, etc.
ALL LEVELS OF GOVERNMENT SHOULD EXAMINE THEIR PRACTICES AND
POLICIES TO DETERMINE POSSIBLE HIDDEN IMPACTS ON HOUSING
COSTS OF SAID PRACTICES AND POLICIES NOT DIRECTLY RELATED
TO HOUSING. CHANGES SHOULD BE MADE AS NECESSARY.
III -C MANDATORY STANDARDS AND ALTERNATIVE HOUSING
Mandatory, uniform standards for housing style, type and
location are not appropriate because of the great diversity
among cities and differences within cities relative to state
of development, topography, lot and dwelling sizes, the mix of
housing values and costs, and the level of municipal services
which are provided.
Land use regulation is one of the tools city officials need to
protect the health, safety, welfare, and interests of the
city's residents.
THE LEGISLATURE SHOULD NOT PASS LEGISLATION WHICH SETS
MANDATORY ZONING AND SUBDIVISION STANDARDS OR WHICH REMOVES
ADDITIONAL LAND USE REGULATION AUTHORITY FROM LOCAL UNITS
OF GOVERNMENT. CITIES SHOULD RETAIN THE AUTHORITY TO REGULATE
THE LOCATION, SIZE, AMOUNT, AND TYPE OF HOUSING INCLUDING
MANUFACTURED AND ACCESSORY HOUSING, WITHIN THEIR BOUNDARIES.
,504911
III -D FINANCING STATE AND REGIONAL HOUSING POLICIES
Property taxes provide the major revenue source for most cities
in the Metropolitan Area and the Minnesota property Tax System
is one of the most complex systems in the nation.
Unfortunately, the Legislature oftentimes adds to the
complexity of this system by changing it to benefit certain
persons as a means to implement or finance social policy. The
AMM believes that the property tax system is not the
appropriate mechanism to finance state or regional housing
policies and goals.
THE AMM OPPOSES THE USE OF THE PROPERTY TAX SYSTEM TO FINANCE
OR IMPLEMENT STATE OR REGIONAL HOUSING POLICIES OR GOALS.
STATE AND/OR REGIONAL HOUSING POLICIES AND GOALS SHOULD BE
IMPLEMENTED AND FINANCED BY NON -PROPERTY TAX SOURCES.
III -E FEDERAL AND STATE HOUSING FUNDING
The Federal and State levels of government have a broader and
more diverse tax base than local units of government and should
provide the necessary funding to fulfill their housing policy
commitments to lower income persons. This funding commitment
is needed to provide adequate housing for those persons unable
to afford market rate housing.
FEDERAL AND STATE FUNDING FOR HOUSING SHOULD BE PROVIDED TO
IMPLEMENT THE HOUSING POLICIES OF THOSE LEVELS AND MATCH THE
NEEDS OF THOSE PERSONS REQUIRING ASSISTED HOUSING INCLUDING
ASSISTANCE FOR RENOVATING AND REHABILITATING SUBSTANDARD
HOUSING UNITS.
III -F AUTHORITY AND RESPONSIBILITY FOR LOCAL HOUSING PROGRAMS
There is a great diversity among the cities in the metropolitan
area. Some cities need more housing for low and moderate
income persons while other cities need more housing for middle
and upper income persons. Cities should have the authority to
promote whichever kind of housing is within the public purpose
and best interest of the city. State and federal agencies
should cooperate with cities in developing workable
programs to meet the diverse needs of cities. Cities need to
have more control over the cost of housing being developed if
they are'to meet the intent of the Metropolitan Land Planning
Act. Municipalities may be able to require reduced cost
housing, but it is preferable to have this authority
specified directly by statute.
CITIES SHOULD BE GRANTED SUFFICIENT AUTHORITY AND FLEXIBILITY
BY THE LEGISLATURE TO CONDUCT HOUSING PROGRAMS THAT MEET THE
DIFFERING NEEDS OF DIVERSE CITIES AND THAT ENABLE CITIES TO
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COMPLY WITH THE METROPOLITAN LAND PLANNING ACT WHICH
DIRECTS CITIES TO PROVIDE OPPORTUNITY FOR LOW AND MODERATE COST
HOUSING. CITIES SHOULD BE ALLOWED, TO REQUIRE LOWER COST
HOUSING IN PROPOSED DEVELOPMENTS AND TO REQUIRE THE
DEDICATION OF LAND OR CASH FOR LOW AND MODERATE INCOME
HOUSING AS AN ALTERNATIVE TO THE REQUIRED DEDICATION FOR
PARKS. ALSO, CITIES SHOULD HAVE THE AUTHORITY TO DEVELOP
HOUSING FOR MIDDLE AND UPPER INCOME PERSONS IF THAT IS NEEDED
TO ACHIEVE A BALANCED HOUSING STOCK. CITIES SHOULD CONTINUE
TO HAVE AUTHORITY TO USE TAX INCREMENT FINANCING TO ACHIEVE
GOALS FOR LOW AND MODERATE INCOME HOUSING.
III -G RENTAL HOUSING IN THE METROPOLITAN AREA
Rental housing plays an important role in the Twin Cities
housing market. Approximately 35 per cent of the housing units
in the Twin Cities region are rental units. Traditionally,
rental units have provided an affordable housing option for
singles, young adults, young married, students, the elderly,
and low and moderate income households. Rental housing
units serve a market much more diverse than that served by
owner occupied units. Yet over the past several years a
number of problems have developed in the rental market,
including:
1. A reduction in the rate of new rental units being produced.
2. Lack of mobility for households to move from rental to
ownership status.
3. The combination of few additions to the supply of rental
units, increased competition for rental units, conversion
of rental units to condominiums and increased operating
costs, has created a situation where many rental units are
not an affordable option for low and moderate income
households.
4. The supply of existing rental units, which is
predominately efficiency and one bedroom units, does not
adequately address the needs of families seeking rental
units.
ALL LEVELS OF GOVERNMENT SHOULD BECOME INVOLVED TO
SUCCESSFULLY ADDRESS THE PROBLEMS IN THE RENTAL HOUSING MARKET.
IN PARTICULAR, THE STATE AND FEDERAL GOVERNMENTS HAVE CRUCIAL
ROLES IN PROVIDING AN OVERALL INVESTMENT CLIMATE IN WHICH
THE PRIVATE SECTOR CAN PRODUCE AN ADEQUATE SUPPLY OF RENTAL
UNITS. POSSIBLE ACTIONS INCLUDE:
MODIFYING FEDERAL AND STATE TAX POLICIES TO IMPROVE THE
PRODUCTION AND MAINTENANCE OF AFFORDABLE RENTAL HOUSING.
-22-
INCREASING THE LEVEL OF FUNDING ASSISTANCE AIMED AT
GIVING LOW AND MODERATE INCOME FAMILIES ACCESS TO DECENT
HOUSING.
CONTINUING PROGRAMS WHICH USE TAX EXEMPT BONDING TO CREATE
BELOW MARKET RATE FUNDS FOR RENTAL HOUSING.
CONTINUING PROGRAMS WHICH ALLOW REHABILITATION AND
WEATHERIZATION PROGRAMS TO BE UTILIZED ON RENTAL UNITS.
- GRANTING LOCAL UNITS MORE AUTHORITY TO REGULATE THE
CONVERSION OF RENTAL UNITS TO CONDOMINIUMS.
III -H ASSESSMENT RATES FOR RENTAL PROPERTY
The Multi -housing association and other groups have been
advocating lower assessment rates for rental housing. A number
of Legislators have also been examining this matter with a
particular focus on the difference in rates between rental
housing and owner occupied housing which results in higher
property taxes for rental housing. The AMM is very concerned
about the affordability or rental housing for lower income
persons and does not oppose a thoughtfull study of this,issue.
THE AMM BELIEVES ANY LEGISLATIVE PROPOSAL WHICH WOULD REDUCE
THE TAXES FOR RENTAL PROPERTY SHOULD CONTAIN THE FOLLOWING
CONCEPTS: A CLEAR DIRECT LINKAGE BETWEEN THE REDUCTION OF
TAXES AND THE AFFORDABILITY OF THE UNIT WITH RESPECT TO NEW
CONSTRUCTION; A CLEAR DIRECT LINKAGE TO LOWER RENTS IF APPLIED
TO EXISTING HOUSING; FULL DISCLOSURE OF REVENUE IMPLICATIONS
FOR LOCAL UNITS OF GOVERNMENT.
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-r-- y
IV
METROPOLITAN AREA ISSUES AND CONCERNS
PAGE 24 THROUGH 36
IV
METROPOLITAN AREA ISSUES & CONCERNS
IV. PHILOSOPHY WITH RESPECT TO METROPOLITAN GOVERNMENTAL AGENCIES
Some metropolitan issues are beyond the scope of a single
governing body. Therefore, when such issues arise, it is in the
interest of all concerned for governing units to cooperate in
reaching a solution.
There are a few problems which are of such magnitude that they
encompass the concerns of .the entire metropolitan area and such
problems and issues must necessarily be dealt with by a
metropolitan unit. That unit, however should act in cooperation
with local governing bodies by attempting to identify the best
solution before determining courses of action. Metropolitan
Agencies and Local Governmental Units should be viewed as partners
with each respecting the role of the other in solving these
problems.
IV -A PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES
The political fragmentation of this metropolitan area and the
diverse fiscal conditions, geographic locations, and size of the
local units of government results in the need for a regional
service delivery system to provide certain services or portions of
certain services to most effectively and efficiently satisfy the
needs of the residents living in this area. Examples of this type
of regional service needs are the prevention of pollution,
provision of certain transportation functions, etc. There is
also a need for some planning on a metropolitan basis which must
be done in cooperation with local government. The federal and
state governments require that some grant applications be reviewed
by a regional agency to determine consistency of these
applications with regional plans and programs.
THE PRIMARY AND PREDOMINATE PURPOSES OF THE METROPOLITAN COUNCIL
AND METROPOLITAN AGENCIES SHOULD BE TO COORDINATE THE PLANNING
AND DEVELOPMENT OF THE METROPOLITAN AREA: TO PROVIDE WITHOUT
NEEDLESS DUPLICATION THOSE AREA WIDE SERVICES WHICH ARE BEYOND THE
CAPABILITY OF LOCAL GOVERNMENTAL UNITS TO PROVIDE INDIVIDUALLY AND
JOINTLY: TO PROVIDE AREA WIDE PLANNING WHERE NECESSARY WITH
COOPERATION OF LOCAL GOVERNMENTAL UNITS: AND TO FULFILL THE
REGIONAL REVIEW RESPONSIBILITIES FOR GRANTS AND LOANS AS DIRECTED
BY THE STATE AND FEDERAL GOVERNMENTS.
IV -B CRITERIA FOR EXTENSION OF METROPOLITAN ORGANIZATION POWERS
There is a natural tendency of any organization to seek more
authority in both breadth and depth; therefore, increased
authority to the Council and its agencies should contain carefully
considered specific direction.
-24-
-=4
THE LEGISLATURE, IN GRANTING THE METROPOLITAN COUNCIL ADDITIONAL
AUTHORITY TO UNDERTAKE AN ACTIVITY, SHOULD SPECIFICALLY STATE THE
AUTHORITY BEING GRANTED AND NOT INCLUDE GENERAL LEGISLATIVE
LANGUAGE SUCH AS..."INCLUDING BUT NOT LIMITED TO SUCH MATTERS
AS..."
ANY EXPANSION OR EXTENSION OF AUTHORITY SHOULD BE CONSIDERED ONLY
WHEN AT LEAST ONE OF THE FOLLOWING CONDITIONS EXISTS:
-THE SERVICE, FUNCTION, OR ACTIVITY HAS BEEN SHOWN TO BE NEEDED
AND IT CAN BE DEMONSTRATED THAT IT CANNOT BE EFFECTIVELY OR
EFFICIENTLY PROVIDED OR ADMINISTERED THROUGH EXISTING GENERAL
PURPOSE UNITS OF GOVERNMENT.
-INTERVENTION ON A REGIONAL BASIS IS NEEDED FOR PROTECTION OF THE
REGIONAL INVESTMENT IN THE METROPOLITAN PHYSICAL SERVICE SYSTEM.
IV -C STRUCTURES, PLANNING, IMPLEMENTATION AND FUNDING OF
METROPOLITAN SERVICES AND PROGRAMS
The Metropolitan. Council was established by the Legislature in
1967 to coordinate "the planning and development" of the
Metropolitan Area. The Council, as initially established, was
mostly advisory but was given responsibility for regional policy
development and coordination in the areas of wastewater treatment
and disposal, land transportation and airports. The Council was
given limited approval authority for development proposals which
were of metropolitan (regional) significance. The Council, in
its infancy, was given no direct operational authority and instead
the Legislature created two new Metropolitan Commissions (MWCC and
MTC) and restructured the MAC to actually operate and provide
those services. In subsequent sessions, the Metropolitan
Council's responsibility was expanded to include regional parks
and open space, solid waste, regional review authority, approval
authority for controlled access highways and approval authority
for certain elements (airports, transportation, parks and open
space, and sewers) of local comprehensive plans. However, the
Council was not given operational or implementation authority in
these areas. There was one exception to this general division of
responsibility: the Council was given regional HRA operational
authority but the Council can only operate this authority in a
city at the request of that city.
C-1 POLICY PLANNING - POLICY IMPLEMENTATION
The historic legislative intent concerning separation of
responsibility for metropolitan (regional) policy planning and
policy implementation should be reaffirmed.
THE METROPOLITAN COUNCIL SHOULD BE A PLANNING AND COORDINATING
BODY; AND REGIONAL PROGRAM IMPLEMENTATION AND OPERATIONS SHOULD
-25-
-7 --LA
BE CARRIED OUT THROUGH THE EXISTING METROPOLITAN AGENCIES AND/OR
GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT.
C-2 METROPOLITAN STRUCTURE AND STRUCTURAL RELATIONSHIPS
The structure of the various Metropolitan Agencies and
Commissions (MAC, MWCC, RTB, MPOSC, etc.) is not uniform nor are
the interrelationships between these agencies and the
Metropolitan Council uniform. Function has basically determined
form and the AMM does not believe that uniformity just for the
sake of uniformity is important.
THE AMM DOES RECOMMEND, HOWEVER, THAT THE LEGISLATURE EXAMINE
THREE SPECIFIC ASPECTS OF THE METROPOLITAN STRUCTURE AND
INTERRELATIONSHIPS TO DETERMINE IF CHANGE WOULD ENHANCE AND
IMPROVE REGIONAL PLANNING/SERVICE DELIVERY. THESE ASPECTS
ARE: MOST APPROPRIATE APPOINTING AUTHORITY FOR THE CHAIRS OF THE
MWCC, MSFC AND THE RTB; MOST APPROPRIATE APPOINTING AUTHORITY
FOR THE CHAIR AND MAC COMMISSIONERS; AND THE LARGE DEGREE OF
INDEPENDENCE THAT MAC HAS FROM METROPOLITAN COUNCIL OVERSIGHT AS
COMPARED TO THE RTB AND MWCC.
C-3 FUNDING FOR REGIONALLY PROVIDED SERVICES
The Metropolitan Council and the Metropolitan Agencies funding
has evolved over a period of time and is a mixture of property
taxes, user fees, federal and state pass through revenues, etc.
There has been some discussion to replace these sources with a
single new revenue source.
THE AMM WOULD OPPOSE THE IMPOSITION OF A SINGLE REVENUE SOURCE
TO FUND REGIONAL SERVICES AS A NEW SOURCE OR AS A REPLACEMENT FOR
THE PRESENT FUNDING SCHEME.
C-4 REGIONAL TAX RATES AND USER FEES.
The Legislature controls the maximum tax rates that can be
levied by the Metropolitan Council and the other Metropolitan
Agencies. We believe it should continue to do so. User fees are
generally controlled by the Metropolitan Agency collecting the
fees (MAC, MWCC and MTC) but the Legislature has on occasion
imposed caps on the user fees. The setting of user fees, and the
process for setting fees has generally not been considered a
problem by local officials except for the user fees controlled by
the MWCC. A major management study and rate study have been
conducted of the MWCC. Based on the foregoing, the AMM believes
that:
USER FEES FOR REGIONAL SERVICES SHOULD NOT BE SET BY THE
LEGISLATURE BUT SHOULD BE DETERMINED BY THE OPERATING AGENCY
PROVIDING THE SERVICE. USER FEE CHARGES SHOULD BE REVIEWED BY
-26-
THE METROPOLITAN COUNCIL TO ENSURE THAT SUCH CHARGES ARE
CONSISTENT WITH REGIONAL SYSTEM PLANS AND GOALS. A UNIFORM
PROCESS/PROCEDURE SHOULD BE DEVELOPED FOR USER FEE CHANGES UNDER
GUIDANCE OF THE METROPOLITAN COUNCIL TO PROTECT THE PUBLIC'S
INTEREST IN THIS MATTER.
IV -D METROPOLITAN GOVERNANCE ACCOUNTABILITY
There has been a concern since the creation of the Metropolitan
Governance system in 1967 with respect to the accountability of
this "system" to the people it serves and to the Legislature
which created the system. The AMM has been a leader in seeking
ways to improve accountability of this system in the confines of
a process that does not have the traditional checks and balances
of the ballot box. Substantial changes were made by the
Legislature in 1986 which should lead to improved accountability
and service delivery.
THE AMM COMMENDS THE LEGISLATURE FOR THE IMPROVEMENTS MADE DURING
THE LAST SESSION AND DOES NOT BELIEVE THAT ADDITIONAL SUBSTANTIAL
CHANGES DEALING WITH "ACCOUNTABILITY" SHOULD BE MADE UNTIL THERE
HAS BEEN SUFFICIENT EXPERIENCE WITH THE PRESENT SYSTEM TO
DETERMINE THE NEED FOR FURTHER CHANGE. (THE STUDY ITEMS LISTED IN
POLICY IV C-2 WOULD BE AN EXCEPTION IF SUCH STUDY INDICATES THAT
CHANGES WOULD BE BENEFICIAL).
IV -E GREEN ACRES - MUSA LINE
M.S. 273.111 sets forth a procedure and delineates guidelines
whereby certain taxes and assessments may be deferred for
qualifying agricultural property. The intent was to enable
farmers to continue to use their land for agricultural purposes
and to not be forced into selling their property for other uses
because of higher urban taxes and special assessments. In the
Metropolitan Area "green acre deferments" have largely been
replaced by a concept called agricultural preserves which
requires the participation of the local unit in designating land
to be included in preserves. The usage of "green acres" within
the Metropolitan Urban Service Area (MUSA) appears to be in
conflict with the philosophy which led to the establishment of
the MUSA concept.
THE AMM RECOMMENDS THE PHASE OUT OF THE "GREEN ACRE STATUS" FOR
ALL PROPERTY SO DESIGNATED UNDER MS 273.111 WITHIN THE MUSA
UNLESS SPECIFIC APPROVAL FOR CONTINUING EACH DESIGNATION IS
GRANTED BY THE HOST MUNICIPALITY. NO NEW "GREEN ACRE"
DESIGNATIONS SHALL BE ALLOWED UNLESS APPROVED BY THE HOST
MUNICIPALITY.
IV -F MINNESOTA INTERGOVERNMENTAL REVIEW OF FEDERAL PROGRAMS
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Presidential Executive Order No. 12372 as amended by Executive
Order No. 1216 eliminated the Federal A-95 Review Process and
authorized each state to establish its own process. Minnesota
Sessions Laws 1983, Chapter 289, Section 49 authorized the State
Planning Agency to adopt a state process. Such review and state
processes must be recognized by the Federal Agencies. A State
Inter Governmental Review of Federal Programs process was
adopted in 1984 and appears to be satisfactory. Any revision to
the state process should be consistent with the principles listed
below.
F-1 GUIDELINES FO? STATE PROCESS
THE STATE PROCESS (PROCEDURES) MUST BE APPLICABLE AND CONSISTENT
ON A STATEWIDE BASIS WITH SPECIFIED CRITERIA TO DETERMINE WHICH
FEDERAL PROGRAMS, PROPOSALS AND PROJECTS ARE SUBJECT TO THE
INTER -GOVERNMENTAL REVIEW PROCESS. PROGRAMS AND PROJECTS SHOULD
NOT BE ADDED OR DELETED FROM THE LIST WITHOUT PROPER NOTICE.
F-2 REGIONAL REVIEW AGENCY
THE REGIONAL AGENCIES REVIEW AUTHORITY, SHOULD BE LIMITED TO
JUDGING THE PROGRAMS, PROPOSALS, PROJECTS CONSISTENCY WITH
REGIONAL PLANS, GOALS AND POLICIES. NO PREFERENCE OR PRIORITY
SHOULD BE GIVEN TO PROJECTS, PROGRAMS OR PROPOSALS WHICH EXCEED
THE REGIONAL OR STATE REQUIREMENTS AS OPPOSED TO THOSE PROJECTS,
PROGRAMS OR PROPOSALS WHICH MEET THE REGIONAL OR STATE
REQUIREMENTS. EACH PROGRAM PROJECT PROPOSAL SHOULD BE REVIEWED
PRIMARILY ON ITS OWN MERITS AND THE REGIONAL REVIEWING AGENCY
SHOULD DOCUMENT ITS REASONS FOR CONSIDERING FACTORS NOT DIRECTLY
RELATED TO THE SUBJECT MATTER OF THE PROGRAM, PROJECT, PROPOSAL.
F-3 NOTIFICATION REQUIREMENTS
NOTIFICATION REQUIREMENTS OF THE STATE INTERGOVERNMENTAL REVIEW
PROCESS, SHOULD BE AS STRINGENT AS THOSE FORMERLY REQUIRED BY
A-95.
IV -G ENVIRONMENTAL REVIEW PROCESS
M.S. Chapter 116D sets forth the basic environmental review
procedure for this state. Since environmental reviews can cause
significant delay, create uncertainty for the developer, and add
to project costs ultimately paid for by the consumer; it is
important that the review procedure be simple and straightforward
and yet thorough enough to assure that all important issues and
concerns are addressed. Improvements have been made in recent
years by the Legislature and the Environmental Quality Board
(EQB) to streamline the process and make it more difficult to
abuse the process. We commend them for these positive
improvements.
IRM
THE AMM BELIEVES THAT AN APPROPRIATE BALANCE HAS BEEN STRUCK
BETWEEN THE NEED TO PROTECT THE ENVIRONMENT AND THE DESIRE TO
ENHANCE AND IMPROVE THE ECONOMIC CLIMATE WITH RESPECT TO
DEVELOPMENT PROJECTS WITHIN THE STATES ENVIRONMENTAL REVIEW
PROCEDURE (M.S. CHAPTER 116 D). NO SUBSTANTIAL CHANGES SHOULD BE
MADE UNTIL THERE HAS BEEN SUFFICIENT EXPERIENCE TO DETERMINE IF
CHANGES ARE NEEDED.
IV -H COMPREHENSIVE PLANNING - LOCAL AND REGIONAL INTERACTION
Implementation of the legislation passed in 1976 mandating the
completion of local and regional comprehensive plans is complete.
Planning, however, is an ongoing process, and several precepts
should be kept in mind by Local Units of Government,
Metropolitan. Agencies, and the State as this planning process
continues during the 1980's.
METROPOLITAN SYSTEM PLANS, MUST CONTINUE TO BE SUFFICIENTLY
SPECIFIC IN TERMS OF LOCATIONS, CAPACITIES, AND TIMING TO
ALLOW FOR CONSIDERATION IN LOCAL COMPREHENSIVE PLANNING.
THE REGIONAL INVESTMENT IN METROPOLITAN PHYSICAL SERVICE SYSTEMS
(TRANSPORTATION, WASTEWATER TREATMENT, AIRPORTS, AND PARK AND
OPEN SPACE) SHOULD CONTINUE TO BE PROTECTED BY PREVENTING ADVERSE
IMPACT ON THESE SYSTEMS DUE TO LACK OF INTEGRATION BETWEEN
REGIONAL AND LOCAL PLANNING.
LOCAL OFFICIALS MUST HAVE EFFECTIVE INPUT INTO THE REGIONAL
PLANNING PROCESS ON AN ONGOING BASIS.
DESIGNATION OF OTHER REGIONAL PLANS AS METROPOLITAN SYSTEMS PLANS
SHOULD NOT BE MADE UNLESS THERE IS A COMPELLING METROPOLITAN AREA
WIDE PROBLEM OR CONCERN THAT CAN ONLY BE SOLVED THROUGH A
REGIONAL SYSTEM DESIGNATION.
IV -I COMBINED SEWERS - SEPARATION
The three communities of Minneapolis, St. Paul and South St. Paul
still have a significant amount of combined waste and storm water
sewers which create overflows of untreated waste water into the
Mississippi River during heavy rains and storm water runoff
periods. These cities have over many years been progressing with
sewer separation projects paid for primarily through local tax
levies. The Federal and State governments are pressing the issue
of meeting certain water quality standards in the Mississippi
River consistantly which apparently cannot be done until
separation is complete and the state did provide additional
funding during the 1985 Legislative Session to help pay for the
speed up.
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THE AMi RECOMMENDS THAT IF THE STATE GOVERNMENT CONTINUES TO
PURSUE THE ACCELERATED COMBINED SEWER SEPARATION PROGRAM IN THE
THREE CITIES, THAT IT ALSO CONTINUE TO PROVIDE FUNDING TO ENSURE
THAT NEITHER LOCAL PROPERTY TAXES NOR METROPOLITAN SANITARY' -SEWER
COSTS ARE INCREASED DUE TO THE ACCELERATED BUILD EFFORT.
FURTHER, IF FEDERAL MONEY IS AVAILABLE TO ELIMINATE COMBINED SEWER
OVERFLOW PROBLEMS, IT SHOULD ALSO BE USED TO HELP COMPLETE THE
SEPARATION PROJECTS IN THIS AREA.
IV -J METROPOLITAN COUNCIL BUDGET
The Metropolitan Council has an annual budget of several
million dollars and impacts the two million people living in the
metropolitan area. Its budget document should convey enough
information so that the residents can determine what product is
being produced and how much the product costs. The budget
document should be prepared early enough in the annual adoption
process so that, the residents can provide meaningful input as to
program activities and program priorities.
J-1 BUDGET DETAIL AND SPECIFICITY
Eventhough, the Annual Budget and Work Program document has been
improved in recent years to contain more detail and specificity
which enables interest groups to make more reasoned
recommendations, further improvements could be made.
MANDATED OR N0 1,T DISCRETIONARY PROJECTS, PROGRAMS AND ACTIVITIES
SHOULD BE IDENTIFIED. PROJECTS, PROGRAMS AND ACTIVITIES WHICH MAY
BE DISCRETIONARY BUT ARE TOTALLY FUNDED BY A FEDERAL OR STATE
GRANT SHOULD ALSO BE IDENTIFIED. MORE INFORMATION SHOULD BE
PROVIDED AS TO PREVIOUS YEARS EXPENDITURES FOR ON-GOING PROGRAMS,
PROJECTS AND ACTIVITIES.
J-2 POST HEARING BUDGET INCREASES
The Council has significantly increased its budget several months
into the budget year in each of the last several years. The AMM
believes this detracts from the official open budget process and
should not become an annual occurrence.
THE METROPOLITAN COUNCIL SHOULD REVIEW ITS TOTAL BUDGET PROCESS
SO THAT IT HAS APPROPRIATE FACTUAL INFORMATION AT THE TIME IT
ADOPTS THE ANNUAL BUDGET AND WORK PROGRAM TO MINIMIZE THE NEED FOR
MAJOR BUDGET AMENDMENTS AFTER INITIAL ADOPTION. IF BUDGET
AMENDMENTS ARE NECESSARY, THE COUNCIL SHOULD ENSURE THAT THE
AMENDMENT PROCESS PROVIDES ADEQUATE NOTICE TO THE PUBLIC AND THAT
THE PUBLIC BE PROVIDED THE OPPORTUNITY TO COMMENT.
J-3 RELIANCE ON PROPERTY TAXES
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The AM?,', is concerned by the growing reliance
to support Council activities. Federal grants
two/thirds of the Council Budget and the local
one-third. The ratio is now reversed.
_1-
on the property tax
used to fund about
property tax about
THE COUNCIL SHOULD MAKE A THOROUGH EXAMINATION OF THE ACTIVITIES
FORMERLY FUNDED BY FEDERAL GRANTS TO DETERMINE IF THEY ARE
STILL NECESSARY AND WORTHWHILE WHEN ONLY LOCAL DOLLARS ARE
INVOLVED. ADDITIONALLY THE COUNCIL SHOULD SEEK TO DIVEST ITSELF
OF SERVICES THAT IT PERFORMS FOR THIS AREA, IF SUCH SERVICES
ARE PERFORMED BY STATE AGENCIES FOR THE BALANCE OF THE STATE.
ALSO, ACTIVITIES WHICH MAY BE FUNDED THROUGH FEDERAL OR STATE
GRANTS SHOULD NOT BE PURSUED MERELY BECAUSE MONEY IS AVAILABLE
UNLESS THERE IS A REAL NEED TO BE SATISFIED AND WHICH WILL
PROVIDE A BENEFIT FOR RESIDENTS OF THE METROPOLITAN AREA.
IV -K UNIFORM RATE STRUCTURE FOR THE MWCC
The MWCC through the use of a consultant and a special task force
made up of local, metropolitan and state officials and other
interested constituents has completed a major study of the rate
structure, process and procedure for setting rates, sewer service
areas, etc. Based on this study and the consultant and task
force recommendations, the MWCC is seeking legislation to
authorize it to implement a single, uniform rate structure
including changes to the way the current value credit is funded.
The study indicated that a single, uniform rate structure would
provide several benefits for metropolitan area officials
including more stable and predictable rates, a simpler cost
allocation process, a more equitable distribution of costs to
users, and a more understandable rate setting process.
THE AMM SUPPORTS A SINGLE, UNIFORM RATE STRUCTURE FOR WASTE
WATER TREATMENT WHICH WOULD PROVIDE THE BENEFITS IDENTIFIED ABOVE
BUT DOES NOT SUPPORT A SINGLE UNIFORM RATE FOR THE SERVICE
AVAILABILITY CHARGE (SAC).
IV -L METROPOLITAN PARKS AND OPEN SPACE FUNDING
The 1974 Metropolitan Parks and Open Space Act established the
Metropolitan Parks and Open Space system and provided
state/regional fiscal support for acquisition and development of
the regional park system and provided a "payment in lieu of
taxes" to local units of government on a decreasing basis over a
four year period for land removed from the tax rolls. Partial
funding for the operation and maintenance ofregional parks was
provided by the legislature in 1985.
L-1 OPERATION AND MAINTENANCE
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Due to increased usage, a leveling of state aids and the impact
Of levy limit restrictions; it is becoming increasingly difficult
for the implementing agencies to operate and maintain these
regional facilities. Furthermore, regional parks provide the
same basic function in the metropolitan area as state parks
provide in outstate Minnesota and State funding is provided for
operation and maintenance of state parks.
THE AMM RECOMMENDS THAT THE STATE CONTINUE TO PROVIDE PARTIAL
FUNDING TO IMPLEMENTING AGENCIES TO HELP PAY FOR THE MAINTENANCE
AND OPERATION COSTS OF THE REGIONAL PARKS AND OPEN SPACE SYSTEM.
THE STATE/REGIONAL FUNDS SHOULD BE IN THE FORM OF A CONTINUING
REVENUE SOURCE NOT DEPENDENT UPON BIENNIAL LEGISLATIVE
APPROPRIATION AND PREFERABLY FROM A SOURCE OTHER THAN THE
PROPERTY TAX. THE REGIONAL PARKS SHOULD REMAIN UNDER THE CONTROL
OF THE IMPLEMENTING AGENCIES (CITIES AND COUNTIES).
L-2 FUNDING FOR IMPACTS OF REGIONAL PARKS ON HOST COMMUNITIES
Except for the four year "payment in lieu of taxes; no provision
was made to mitigate the continuing cost impacts of a regional
park facility on a "host community", when such community is not
the owner of the facility. The cost impacts include such items
as increased public safety costs, street and road maintenance,
litter cleanup, permanent loss of tax revenues, etc.
THE AMM RECOMMENDS THAT AS A CONDITION FOR RECEIVING REGIONAL OR
STATE FUNDING FOR A REGIONAL PARK FACILITY, THE FACILITY OWNER AND
OPERATOR MUST NEGOTIATE AN AGREEMENT WITH THE HOST COMMUNITY TO
REIMBURSE IT FOR THE COST IMPACTS ON THE HOST COMMUNITY.
IV -M SURFACE WATER
The Legislature in 1982 adopted a Surface Water Management Act
for the 7 -county metropolitan area. The Act as passed and as
amended in 1934 addressed most of the concerns raised by the AMM
and we do not see the need for major amendments at this point in
time. If the Legislature considers changes such legislation
should not diminish emphasis on the following principles:
THE COST TO LOCAL UNITS OF GOVERNMENT FOR PLANNING AND
IMPLEMENTING THIS ACT MUST REMAIN OUTSIDE OF LEVY LIMITS AND
ADDITIONAL MANDATES PLACED ON LOCAL UNITS OF GOVERNMENT SHOULD BE
FULLY FUNDED BY STATE RAISED REVENUES. A METROPOLITAN AREA WIDE
AD VALORUM PROPERTY TAX SHOULD NOT BE ESTABLISHED TO PAY FOR
SURFACE WATER MANAGEMENT (PLANNING, PROJECTS, MAINTENANCE) EXCEPT
FOR REGIONAL PLANNING OR PROJECTS THAT ARE JUDGED TO BE OF
METROPOLITAN SIGNIFICANCE PER M.S. 473.173. THE AUTHORITIES AND
RESPONSIBILITIES ASSIGNED TO THE VARIOUS UNITS AND LEVELS OF
GOVERNMENT BY THE 1982 SURFACE WATER MANAGEMENT ACT SEEM TO BE IN
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GOO�) r .L,r.r'.0?. 1_:0("'A UNITS OF GOVERNMENT WITHIN THE 7 -COUNTY
METROP01,11'LN AhEA Sr:OULD BE ELIGIBLE TO PARTICIPATE IN ANY
STATE-WIDE, SURFACE WATER MA14AGEMENT GRANT PROGRAM.
IV -N HAZARDOUS WASTE MANAGEMENT
The problem of reEulating, controlling and disposing of hazardous
materials in an environmentally sound manner is one of the major
issues of this decade both nationally and locally. Major state
lebislation addressing this issue was enacted in 1980 and amended
in subsequent years. The cumulative affect of the legislation was
the establishment of an on-going management and control system
for the handling and disposal of hazardous materials where
responsibility is centralized at the state level but requires
the cooperation and support of all levels of government. The AMM
does not perceive the need for changes or additional legislation.
However, any future legislation that may be considered should
enhance and not diminish emphasis on the following principles:
N-1 EFFECTIVE PLANNING
PARTIES OR AGENCIES WHO GENERATE HAZARDOUS WASTE SHOULD BE
INVOLVED IN ALL PHASES OF PLANNING AND IMPLEMENTING THE MANAGEMENT
AND DISPOSAL SYSTEM.
N-2 ABATEMENT -REDUCTION -RESOURCE RECOVERY
GENERATORS SHOULD BE ENCOURAGED TO MODIFY THEIR PRODUCTION
PROCESSES TO RE -USE, RECOVER/RECYCLE AS MUCH HAZARDOUS WASTE AS
POSSIBLE AND TO USE LESS HAZARDOUS RAW MATERIALS IN THEIR
MANUFACTURING PROCESSES. ENCOURAGEMENT COULD BE GIVEN THRU
INCENTIVES/DISINCENTIVES.
N-3 HANDLING, STORAGE, DISPOSAL
ALL PARTIES INVOLVED IN THE "HAZARDOUS WASTE STREAM" (FROM
GENERATION TO DISPOSAL) MUST BE REQUIRED TO HANDLE WASTE IN A
MANNER THAT WILL ASSURE THAT THESE WASTES ARE PROPERLY IDENTIFIED,
COLLECTED, TREATED, TRANSPORTED, ETC. AND ULTIMATELY DISPOSED OF
IN A SAFE MANNER.
N -u PRIVATE OWNERSHIP
THE PRIVATE SECTOR SHOULD BE ENCOURAGED TO OWN, OPERATE AND MANAGE
HAZARDOUS WASTE PROCESSING, TREATMENT, STORAGE AND DISPOSAL
FACILITIES UNDER STRINGENT STATE REGULATION AND LICENSING AND
BACKED BY STATE LIABILITY. UNDERGROUND OR IN -GROUND BURIAL OF
HAZARDOUS WASTES SHOULD ONLY BE USED AS A LAST RESORT AND IF THIS
BECOMES NECESSARY, THE PRIME CRITERIA FOR SITE SELECTION SHOULD
BE GEOLOGICAL ACCEPTABILITY AND SAFETY.
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z�
N-5 COMPENSATION -INCENTIVES FOR HOST COMMUNITIES
COMPENSATION SHOULD BE PROVIDED TO HOST COMMUNITIES SIMILAR TO THE
COMPENSATION PROVIDED FOR SOLID WASTE LANDFILLS.
N-6 EXISTING SITE CLEAN-UP AND LIABILITY ~
THE MPCA SHOULD PROCEED POST HASTE TO CLEAN-UP AND
DECONTAMINATE THE EXISTING HAZARDOUS WASTE SITES BEFORE THERE IS
FURTHER DAMAGE TO PUBLIC HEALTH AND THE ENVIRONMENT. IF A
RESPONSIBLE PARTY CAN BE IDENTIFIED, THAT PARTY SHOULD BE LIABLE
FOR CLEAN-UP COSTS, REMEDIAL ACTION COSTS AND PERSONAL INJURY
DAMAGES AS DEFINED IN LAW. IF A RESPONSIBLE PARTY CANNOT BE
IDENTIFIED OR IF RESPONSIBILITY IS CONTESTED, THEN THE CLEAN-UP
SHOULD BE FINANCED BY THE STATE OR FEDERAL SUPERFUNDS.
IV -0 SOLID WASTE MANAGEMENT IN THE METROPOLITAN AREA
The solid waste management system in place in the 7 -county area
is basically a three -tiered system whereby cities control and
regulate collection; counties are responsible for 'siting' new
landfills, ceveloping abatement plans, developing processing
facilities and regulating existing landfills; and the
Metropolitan Council has regional planning and coordinating
responsibilities. The system was intended to foster and
encourage abatement, recycling and resource recovery for as much
of the waste stream as possible and then to assure
environmentally sound landfill disposal for the remaining solid
waste. Maximum cooperation and coordination among and between
the various levels and units of government and the private sector
is needed if the system is to work as intended.
0-1 CONSOLIDATION OF SOLID WASTE MANAGEMENT RESPONSIBILITIES
As indicated in the previous paragraph, the responsibilities for
managing solid waste in the Metropolitan Area are shared by the
Metropolitan Council, Counties and Cities and Towns. The AMM
believes that if the area is to reach its mandate of no more
landfilling of unprocessed solid waste by 1991, the
responsibilities for source separation and recycling related
activities must be more centrally coordinated at the county
level.
THE AMM RECOMMENDS THAT THE COUNTIES ASSUME THE
RESPONSIBILITIES FOR ALL SOURCE SEPARATION AND RECYCLING RELATED
ACTIVITIES AND PROJECTS WHERE A CITY IS NOT MEETING THE COUNTY
ESTABLISHED GOALS. THE MUNICIPALITIES NOT MEETING THE GOALS WOULD
RETAIN.ONLY LIMITED AUTHORITY TO REGULATE THE COLLECTION OF SOLID
WASTE TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THEIR
RESIDENTS.
-34-
0-2 ALTERNATIVES TO LANDFILLS
All levels and units of government and the private sector should
participate and cooperate in planning amd managing the solid
waste stream, to assure a cost efficient and environmentally sound
solid waste management system. Landfilling should only be used
as a last resort and then only for "processed" solid waste or for
those materials which can not be recycled, reused, or disposed of
in a more acceptable manner.
THE AMM ENDORSES ABATEMENT, RECYCLING AND RESOURCE RECOVERY
ACTIVITIES AND PROGRAMS TO REDUCE THE NEED FOR IN -GROUND DISPOSAL
OF UNPROCESSED SOLID WASTE. THE AMM ALSO BELIEVES THAT THE
EXISTING SUBSIDY LEVELS FOR THE HOUSEHOLD REBATE PROGRAM AND THE
TONNAGE REIMBURSEMENT PROGRAM OUGHT TO BE INCREASED SUBSTANTIALLY
SO THAT CITIES CAN DEVELOP AND OPERATE EFFECTIVE RECYCLING
PROGRAMS. YARD WASTES SHOULD ALSO BE INCLUDED AS AN ELIGIBLE ITEM
IN THE TONNAGE PROGRAM. (IF POLICY 0-1 IS ADOPTED THEN COUNTIES
RATHER THAN CITIES WOULD RECEIVE THE ABOVE REIMBURSEMENTS).
0-3 DISPOSAL DEADLINES
Current law contains a deadline that will prohibit the disposal
of "unprocessed" solid waste in landfills effective January 1,
1990. The AMM supports this prohibition provided that sufficient
alternatives are on line to process the solid waste generated in
the Metropolitan Area by that date at a reasonable cost.
THE METROPOLITAN COUNCIL SHOULD MONITOR THE DEVELOPMENT OF THE
ALTERNATIVE FACILITIES FOR THE PROCESSING OF SOLID WASTE ON A
CONTINUOUS BASIS TO ASSURE THAT ADEQUATE PROCESSING CAPACITY WILL
BE AVAILABLE BY 1990. DEFINITIVE INFORMATION MUST BE PROVIDED TO
THE LEGISLATURE BY JANUARY 1, 1989 SO THAT THE 1990 DEADLINE CAN
BE MODIFIED AS NEEDED.
0-4 COMPENSATION AND INCENTIVES FOR HOST COMMUNITIES
Solid waste landfills have many undesirable impacts on the "host"
communities and they should be compensated for all direct and
indirect costs associated with the undesirable impacts such a
facility has on the community.
THE AMM SUPPORTS THE CURRENT COMPENSATION LEVEL AND BELIEVES IT
SHOULD BE CONTINUED. AS OTHER MAJOR SOLID WASTE PROCESSING
FACILITIES GO ON LINE (SUCH AS INCINERATION TYPE FACILITIES), THE
IMPACT OF THESE FACILITIES ON THE HOST OR ADJACENT COMMUNITIES
SHOULD BE CAREFULLY MONITORED TO DETERMINE IF THEY ALSO HAVE
SIGNIFICANT UNDESIRABLE IMPACTS AS OPPOSED TO BENEFITS. IF SO,
SOME FORM OF COMPENSATION MAY ALSO BE NECESSARY FOR THOSE
COMMUNITIES.
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-r- -4
0-5 FUNDING FOR ENVIRONMENTAL, PERSONAL AND PROPERTY DAMAGES
THE Ai -.M SUPPORTS THE CURRENT FUNDING LEVEL AND BELIEVES IT SHOULD
BE CONTI14UED TO PROVIDE HELP TO PERSONS OR COMMUNITEIS INJURED OR
DAMAGED BY ADVERSE ENVIRONMENTAL INCIDENTS CAUSED BY LANDFILL
CONTAMINATION. (I.E. REAL OR PERSONAL PROPERTY DAMAGE, PERSONAL
INJURIES, CLEAN-UP ACTIVITIES, ALTERNATIVE WATER SUPPLIES, ETC.).
COUNTIES MUST EXERCISE THEIR STATUTORY RESPONSIBILITIES TO ASSURE
THAT LANDFILLS ARE INSPECTED AND OPERATED IN ACCORDANCE WITH
STATE AND COUNTY REQUIREMENTS.
0-6 COUNTY RESPONSIBILITIES
Counties have the major responsibilities for managing and
implementing the solid waste disposal system and are authorized
to charge a surtax of 25 cents per cubic yard of solid waste to
help pay for alternatives to land disposal.
THE AMM SUPPORTS CONT114UATION OF THE COUNTY SURTAX AUTHORIZATION.
THE AM„ ALSO URGES THE COUNTIES TO RAPIDLY DEVELOP PREFERRED
DISPOSAL TECHNIQUES WHICH ARE ENVIRONMENTALLY SOUND AND COST
EFFICIENT.
0-7 TRANSFER STATION RULES AND REGULATIONS
Metropolitan Counties are given the power to acquire by purchase,
lease, gift or condemnation solid waste facilities or properties
which includes transfer stations. Acquisition is permitted
without compliance with local land use ordinances. Metropolitan
cities have no protection, except through a review process, from
improvident designation of transfer station sites.
THE AMM, URGES THE MINNESOTA POLLUTION CONTROL AGENCY (MPCA) TO
QUICKLY EXERCISE ITS RESPONSIBILITIES AND PROMULGATE RULES AND
REGULATIONS WITH RESPECT TO THE SITING OF SOLID WASTE TRANSFER
STATIONS. SUCH RULES AND REGULATIONS ARE NECESSARY TO PROTECT
THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE AFFECTED
CITIES SINCE SUCH FACILITIES ARE NOT SUBJECT TO THE PROVISIONS OF
CITY ORDINANCES.
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TRANSPORTATION
PAGE 37 THROUGH 43
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V
TRANSPORTATION
V-A STREET AND HIGHWAY FUNDING
An efficient transportation system is a vital element in planning
for physical, economic, and social development at the state,
regional, and local levels. Funding for current roadway
maintenance reconstruction, and construction of new streets and
highways in developing areas is a significant major element of a
competitive and safe transportation system. Due to past high
inflation and declining state revenues there has been a tendency
by the Legislature to divert much needed roadway funds to state
general expenditure. This trend must be reversed and funding
expanded to at least pace inflation plus growth to insure high
quality transporation within the state and metropolitan region.
THE AMM URGES THE LEGISLATURE TO PROVIDE AN ADEQUATE LEVEL OF
FUNDS SO THAT NECESSARY STREET AND HIGHWAY MAINTENANCE MAY BE
CONTINUED, NECESSARY NEW STREET AND HIGHWAY CONSTRUCTION MAY
OCCUR, AND THE MUNICIPAL STATE AID FUND LEVEL CONTINUES GROWTH.
V -B MOTOR VEHICLE EXCISE TAX TRANSFER
The Motor Vehicle Excise Tax was significantly increased in the
early 1980's and dedicated to the State General Fund to offset the
affect of a declining economy and reduced state revenues. The
Legislature recognized that Highway and Transit Program needs were
growing and that ultimately additional funding would be needed in
these areas. Thus, a transfer of this tax from General Fund to
the Highway and Transit Funds was established starting with 25% in
1985 and finally reaching 100% in 1992. The transfer was suspended
in 1986 and 1987 because of reduced state revenues after a short
period of growth. Necessary street and highway construction and
reconstruction is falling behind significantly. Without this
source of funding, the roadway system will become a major state
crisis. Therefore,
THE AMM URGES THE LEGISLATURE TO ALLOW CURRENT LAW GOVERNING
THE MOTOR VEHICLE EXCISE TAX TRANSFER TO REMAIN IN PLACE
WITHOUT FURTHER SUSPENSION TO ENSURE SOME NEEDED GROWTH FOR
STREET AND HIGHWAY MAINTENANCE, RECONSTRUCTION, AND NEW
CONSTRUCTION.
V -C HIGHWAY AND TRANSIT INTEGRATION
An efficient Transportation System consists of both high quality
roadway and high quality transit opportunities. These two
elements must be considered together from early planning through
implementation especially in high growth Metropolitan areas where
the travel needs tend to glut to excess capacity new or expanded
highways as soon as they are opened for use. The AMM understands
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-7--1A
that to some degree this is done in planning and that transit is
considered somewhat when determining funding priorities for
highway construction, however, it is felt that the integration of
highway and transit is minimal and should be significantly
increased.
THE AMM URGES MNDOT AND METROPOLITAN AGENCIES INVOLVED IN HIGHWAY
AND TRANSIT PLANNING AND IMPLEMENTATION TO INTEGRATE THESE
ACTIVITIES TO ENSURE AN EFFICIENT TRANSPORTATION SYSTEM. CRITERIA
USED TO DETERMINE HIGHWAY FUNDING FOR CONSTRUCTION AND EXPANSION
SHOULD BE REVIEWED AND UPDATED TO REQUIRE PROVISIONS FOR
DISCUSSION AND INCLUSION OF TRANSIT MODES AND OPPORTUNITIES, IF
APPROPRIATE, ONLY WHEN THIS IS ACCOMPLISHED WILL THE
TRANSPORTATION SYSTEM BE TRULY EFFICIENT AND COST EFFECTIVE.
V -D METROPOLITAN TRANSIT SYSTEM FUNDING
Because of the large economically diverse population but rather
compact nature of the Twin City Metropolitan Area, it is an
absolute necessity to provide an effective and efficient public
mass transit service augmented by a variety of programs,such as
Rideshare and Project Mobility, to protect the economic
viability of the area. Without a good transit system, the
Metropolitan Highway system would not just be crowded, it would be
totally inadequate. Many elderly and handicapped persons residing
in the area primarily because of access to unique services would
be almost totally immobile. Due to statutory constraints, there
are no funding resources available for other units of government
to pick up the difference if the programs are allowed to
deteriorate. Therefore, legislative funding of transit programs
through the RTB should be a high priority.
THE AMM REQUESTS THE LEGISLATURE
TRANSIT PROGRAMS AS HIGH PRIORITY
FUNDING ALTERNATIVES SHOULD INCLUDE
VEHICLE EXCISE TAX, THE FARE BOX,
EFFICIENCIES.
V -E TRANSIT NEEDS ASSESSMENT
TO CONSIDER THE METROPOLITAN
AND FUND THEM SUFFICIENTLY.
THE STATE GENERAL FUND, MOTOR
PROPERTY TAX, AND SERVICE
In recent years, the subject of light rail transit as a mass
transit alternative for the area has been debated considerably.
The 1985 legislature put a hold on various light rail activities
pending completion of a Metropolitan Transit Needs Assessment
Study conducted by the Regional Transit Board (RTB). Based on the
results of the Needs Assessment Study the legislature hopes to
determine the type of transit enhancements needed to provide an
effective and efficient transit system in the near and mid range
future. The appropriate mode of transportation; light rail, bus,
van, other multiple occupancy vehicles, etc., will undoubtedly be
a significant part of the implementation discussion. At this
IME
Z LA
time, the kt;?; is 'Less concerned about modes of transit or
implerr,entation strategies as it is about the process to be used to
make these final determinations. Therefore,
THE AMM STRONGLY URGES THE RTD-, METROPOLITAN COUNCIL, -S=AND
LEGISLATURE TO UTILIZE AN OPEN '3C' (CONTINUOUS, COMPREHENSIVE,
AND COOPERATIVE) PROCESS INCLUDING DISCUSSION AND INPUT FROM TAB,
TAC, LOCAL OFFICIALS, AND THE PUBLIC AT LARGE TO DISCUSS AND
DEVELOP THE IMPLEMENTATION AND FUNDING STRATEGIES TO BE USED AS A
RESULT OF THE FINDINGS OF THE METROPOLITAN TRANSIT NEEDS
ASSESSMENT STUDY.
V -F HIGHWAY JURISDICTIONAL REASSIGNMENT AND FUNDING
The State Highway Study Commission and Metropolitan Jurisdictional
Task Force have been studying the possibility of reclassifying
many roadways in the state as to appropriate use classifications
and jurisdiction. This reassignment in the metropolitan area is
estimated to shift $6.1 million annually from the state and $1.2
million annually from the counties to the cities for an increase
of $7.3 million annually for general maintenance and life cycle
treatment (i.e. sealcoat, overlays, etc.). This task is
appropriate, but will have a profound effect on city finances and
future ability to maintain good road systems, especially if
certain criteria are not met and finance alternatives established.
Therefore, the AMM offers the following as a guide to continuing
discussion and ongoing studies.
THE AMM SUPPORTS JURISDICTIONAL REASSIGNMENT OF ROADS ON A PHASED
BASIS BASED ON FUNCTIONAL CLASSIFICATION AND OTHER APPROPRIATE
CRITERIA SUBJECT TO A CORRESPONDING MECHANISM FOR FUNDING OF
ROADWAY IMPROVEMENTS AND CONTINUING MAINTENANCE SINCE CITIES DO
NOT CURRENTLY HAVE THE FINANCIAL CAPACITY TO ABSORB THE ADDITIONAL
ROADWAY RESFONSIBILITIES WITHOUT NEW FUNDING SOURCES. THE
EXISTING MUNICIPAL TURNBACK FUND IS NOT ADEQUATE BASED ON
CONTEMPLATED TURNBACKS.
V -G STATE AND COUNTY HIGHWAY TURNBACKS
Current state law provides that the state and/or county may
declassify a trunk highway and turn it back to a local unit of
government. The only provision is that it must be in
good condition. The unit receiving the highway does not have the
option to refuse title and must, thereafter, maintain the turned
back road. The local unit may add the turnback highway to its MSA
highway mileage and even exceed the unit's mileage limit if it is
already at its designated limit. This will qualify that
particular stretch of street for MSA maintenance funds. However,
two problems exist: 1) the maintenance allocation may not be
sufficient if the street is a high volume carrier, such as Highway
8 through Ramsey County; and 2) the miles of turnback designated
-39-
-T LA
by the local unit as MSP. streets will be deducted from the unit's
future additional MSA allocation limit, thus forcing the local
unit to totally maintain that portion from its local funds or lose
the right to determine at its option other local streets as part
of the MSA system.
THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES REQUESTS THE
LEGISLATURE TO MODIFY THE LAW TO EITHER 1) ALLOW CITIES THE RIGHT
TO REFUSE HIGHWAY TURNBACKS FROM THE STATE OR COUNTY, OR 2) ALLOW
THE LOCAL UNITS MSA MILE LIMIT TO BE INCREASED BY THE MILES OF
TURNBACK WITHOUT AFFECTING FUTURE ALLOCATIONS AND ESTABLISH A
SPECIAL MAINTENANCE ALLOCATION FOR TURNED BACK HIGHWAY MILES BASED
ON VOLUME OF USAGE. FURTHER, STANDARDS AND CRITERIA FOR TURNBACK
ROADS SHOULD BE ESTABLISHED BY MNDOT IN CONJUNCTION WITH LOCAL
UNITS OF GOVERNMENT, AND NOT MEETING THESE STANDARDS BE MADE PART
OF THE CRITERIA FOR WHICH A CITY MAY REJECT THE TURNBACK.
V -H '3C' TRANSPORTATION PLANNING PROCESS - ROLE OF ELECTED
OFFICIALS
The transportation planning process in the Twin City Metropolitan
Area has been developed in response to a variety of federal and
state laws and regulations. The Metropolitan Council (MC) was
formally designated by the Legislature in 1974 (1974 MRA) as the
agency responsible for the administration and coordination of said
planning process. Included within this designation is the
responsibility for long range comprehensive transportation
planning required by Section 134 of the Federal Highway Act of
1962, Section 4 of Urban Mass Transportation Act of 1964 and
Section 112 of Federal Aid Highway Act of 1973, and such other
federal transportation laws as may be enacted subsequently. The
planning required under the federal laws is commonly referred to
as the '3C' process (continuous, comprehensive, and cooperative),
and the MC is the metropolitan planning organization (MPO) under
federal terminology. Federal law and regulations require that the
MPO function as "the forum for cooperative decision making by
principal elected officials of general purpose local government"
and receipt of federal financial aid for the planning,
construction and operation of transportation improvements in
urbanized areas is contingent upon the existence of a planning
process which is satisfactory to federal authorities. When the
Legislature designated the MC as the transportation planning
agency for the metropolitan area, it also mandated the
establishment of an "advisory body" to assist the MC and
Metropolitan Transit Commission (MTC), now Regional Transit Board,
in carrying out their responsibilities. While specific duties
were not assigned, the Legislature did specify that the advisory
body would consist of citizen representatives, municipal, county,
and appropriate state agency representatives. This advisory body
is now called the Transportation Advisory Board (TAB) and contains
17 local elected officials among its membership of about 30
-40-
officiG_,-. The MC has consistently viewed the role of TAB as an
advisory bovw• based on the 1974 MRA. Hence, local elected
Officials in 'Lriis area do not play as vital a role in the
federally :;undated '30' transportation planning process as was
intended by federal law and regulation. Although, the Federal
Regulations no longer require exclusive local official
representation, as the ATC, they still maintain local official
involvement in the MC and 13C' process. In addition, the current
elected official participation and '3C' process has worked
reasonably well in this Metropolitan Area.
THE AMM SUPPORTS AS A MINIMUM THE CONTINUATION OF THE CURRENT
LOCAL ELECTED OFFICIALS INVOLVEMENT IN THE '3C' PROCESS. IF
MODIFICATION IS CONSIDEnED, THE AMM URGES GREATER LOCAL OFFICIAL
INPUT IN THE SELECTION PROCESS OF THE TRANSPORTATION PLANNING
AGENCY.
V -I MNDOT/CITY COOPERATIVE AGREEMENTS
The 1984 L;;€islature modified payment proceedures for projects
where the state and city share in the costs through cooperative
agreements b; allowing MNDOT to pay as the work proceeds.
However, because of work load and the priority system used by
MNDOT in preparing and authorizing cooperative agreements, some
important lccal projects were being delayed. This has now been
corrected administratively and the process is working.
THE AMH URCES MNDOT TO CONTINUE A GOOD COOPERATIVE AGREEMENT
PROCESS AND INITIATE CHANGES AS AND WHEN APPROPRIATE SO THAT
MUNICIPAL AGhEEMENTS CAN BE EXECUTED IN A TIMELY AND EFFICIENT
MANNER.
V -J MTC MEMBERSHIP
The 1984 legislature created the Regional Transit Board, as a
replacement for the then MTC which dealt with more than operations
of the major public bus company, to separate transit alternative
planning from bus company operations. In doing so the MTC was
reduced from 8 members to 3 members, one each from Minneapolis,
St. Paul, and the Suburbs. This arrangement has worked, but not
as well as it could and it is not representative of the transit
area population.
THE AMA; ENCOURAGES THE LEGISLATURE TO INCREASE MTC MEMBERSHIP TO
FIVE BY ADDING TWO MORE SUBURBAN MEMBERS TO FACILITATE OPERATIONS
AS A BOARD AND TO MORE EQUITABLY REPRESENT THE TRANSIT SERVICE
AREA POPULATION.
V -K LARGE TRUCKS
The trucking industry has recently proposed to the state
-41-
-7--4
legislature allowing truck tractor and trailor combinations of up
to 110 feet on Minnesota State Highways. Due to offtracking of
rear wheels, acceleration distance needs, and time and distance
required for safe passing, current legal lengths are pushing the
limit of safety and physical ability of our interstate and trunk
highway systems. Longer tractor/trailor combinations would only
exacerbate these conditions beyond tolerable limits. To upgrade
the Highway System to accommodate longer units would be very
expensive reducing funding resources for other much needed
critical projects. Once allowed on the interstate and designated
trunk route highways there would undoubtedly by pressure to
provide access to various local areas which would be prohibitive
in cost for local upgrading and unacceptable for safety,
Therefore,
THE AMM URGES THE LEGISLATURE TO NOT INCREASE TRUCK TRACTOR AND
TRAILOR COMBINATION LENGTH LIMITS BEYOND CURRENT LIMITS DUE TO
UNACCEPTABLE COST FOR HIGHWAY CONSTRUCTION AND FOR PROTECTION OF
PUBLIC SAFETY.
V -L MTC REDUCED SERVICE AREA MILL RATE
Levies expressed in legislation as a mill limit such as the
Metropolitan MTC levy of 2 mills are adjusted by personal property
and recalculation of Homestead property as if it were assessed at
40%, Minnesota Statutes, Chapters 273.13 subd. 7a, 275.49, and
272.64. However, when feathering for lower serviced areas was
adopted in 473.446 subd. 1, it was written so that the Revenue
Department interprets the reduction as a regular mill. This
provision affects 45 cities in 1987. Thus, 2 mills levied equal an
actual 3 mills and the half mill reduction is only a half mill not
a three quarter mill as was intended by the legislature. This
equals a 50% less reduction than intended.
THE AMM REQUESTS THE LEGISLATURE TO MODIFY MINN. STATUTE CHAPTER
473.446 SUBD. 1 TO MAKE REDUCTION MILL CALCULATION FOR REDUCED
TRANSIT SERVICE EQUIVALENT TO THE ORIGINAL LEVIED MILL CALCULATION.
V -M SEAT BELT VIOLATION PENALTIES
The 1986 Legislature passed a mandatory seal belt usage law taking
effect in August of 1986. Although this is a laudable action, it
is somewhat meaningless without some type of penalty provision.
If there is a reasonable basis for creating statute requiring the
use of seat belts there is basis for providing penalties.
THE AMM RECOMMENDS THE LEGISLATURE MODIFY THE MANDATORY SEAT BELT
USAGE LAW BY ADDING A PENALTY PROVISION TO ENHANCE THE
EFFECTIVENESS OF THE LEGISLATION.
V -N METROPOLITAN HIGHWAY FUND
-42-
It has been suggested recently that a Metropolitan Highway Fund be
created for special projects presumably in conjunction with major
economic development. On the surface this may seem a laudable
idea but when scruitinized in depth raises some major concerns.
The first concern is funding source. If taken from Fiscal
Disparities it is in reality an unequal property tax increase in
the metro area. A direct metro wide property tax targeted for
It economic advantage to a few areas would be unpopular at best and
considered by many to be unfair. A commercial/industrial property
tax increase to help competitors would be unfair and increase the
already large tax burden attributed to business. Any other
funding source would be subject to the same dialogue. The second
concern is the criteria for use and the beauracracy of decision
making and how to insure absolute fairness. Finally, if a separate
metropolitan fund exists to help construct special projects will
more general highway funds be skewed to out state or will the
legislature look at delaying or parceling off part of the motor
vehicle excise tax for other than highway/transit use?.
IF
BASED UPON THE UNCERTAINTY OF FUNDING SOURCE, FAIR
ADMINISTRATION, AND POSSIBLE LOSS OF STATE FUNDS, THE AMM OPPOSES
CREATION OF A METROPOLITAN HIGHWAY FUND.
-43-
League of Minnesota Cities
� pooDoQod�
d poQooQo�od�
for legislative and administrative action
League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101, (612) 227-5600
Contents
Page
Contents............................................................................i
Foreword..................................................................'a ......iii
Committee members.................................................................. iii
Development Strategies
DS -1. Tax Increment Financing (A) ..................................................1
DS -2. Economic Development Authorities (A) ..........................................1
DS -3. Development Financing (A) ...................................................1
DS -4. Municipal Service Districts (A) .................................................1
DS -5. Housing (B) ................................................................2
DS -6. Economic Development Funds (B) ..............................................2
DS -7. Community Development Principles (C) ..........................................2
DS -8. Tax -Exempt Status of Land Held by Cities for Development (C) .......................3
DS -9. Small Cities Community Block Grant Program (C) ..................................4
Government Structure and General Legislation
GSGL-1.
Tort Liability and Insurance (A) ................................................4
GSGL-2.
Open Meetings (A)..........................................................5
GSGL-3.
Mandates(B)...............................................................5
GSGL-4.
Purchasing Authority of Plan B Managers (B) ......................................5
GSGL-5.
Towing of Abandoned Vehicles(B)..............................................6
GSGL-6.
State Licensing of Contractors (B) ..............................................6
GSGL-7.
State Audits and City Financial Reporting Requirements (B) ..........................6
GSGL-8.
Government Training Service Funding (B) ........................................6
GSGL-9.
Charitable Gambling Enforcement Fees (B) .......................................7
GSGL-10.
Joint Powers Act(B).........................................................7
GSGL-11.
Cable Communications (B) ....................................................7
GSGL-12.
Conflict of Interest/Incompatibility of Offices (B) ..................................7
GSGL-13.
Absentee Balloting (B) .......................................................7
GSGL-14.
Precinct Boundary Changes(B).................................................8
GSGL-15.
Uniform Local Government Election Day(B)......................................8
GSGL-16.
Campaign and Finance Disclosure (B) ............................................8
GSGL-17.
Voting Equipment(B) ............................... ......................8
GSGL-18.
Election Day Registration and Administrative Improvements (B) .......................8
GSGL-19.
Optional Poll Hours(C).......................................................9
GSGL-20.
City Election Campaigns (C) ...................................................9
GSGL-21.
Primary Dates (C)...........................................................9
Land Use, Energy, Environment, and Transportation
LUEET-1. Wastewater Treatment (A) ....................................................9
LUEET-2. Land Use, Planning, and Annexation (A) ......................................10
LUEET-3. Solid and Hazardous Waste Management(B)......................................11
Page
LUEET-4. Transportation (B).........................................................12
LUEET-5. Ground and Surface Water Management (B) ......................................13
LUEET-6. Regulation of Pesticides and Other Chemicals(B)..................................13
LUEET-7. Eminent Domain Law (C) ....................................................14
LUEET-8. Energy Conservation and Production (C) ........................................14
Personnel and Public Safety
PPS -1.
Veterans' Preference (A) .....................................................15
PPS -2.
Minnesota Public Employment Labor Relations Act (PELRA) (A) .....................15
FL -2.
PPS -3.
Public Employees Retirement Association (PERA) - Benefits, Financing,
FL -3.
RS -4.
State Administrative Costs (B) ................................................22
FL -4.
PPS -4.
and Administration (B) ......................................................16
Local Government Pay Equity Act (B) ..........................................18
FL -5.
PPS -5.
Military Leaves (B).........................................................18
FL -6.
PPS -6.
Time and Distance Residency Requirements(B)...................................18
FL -7.
PPS -7.
Unemployment Compensation (B) .............................................19
FL -8.
PPS -8.
One Class of Beer (B) .......................................................19
FL -9.
PPS -9.
Firefighter Certification (B) ..................................................19
FL -10.
PPS -10.
Workers' Compensation(C)...................................................20
FL -11.
PPS -11.
Modifications to the State Building Code (C) .....................................20
PPS -12.
Social Investing (C) .........................................................20
PPS -13.
Emergency Medical Services (C) ...............................................20
PPS -14.
Ambulance Drivers -- Training for Driver(C)......................................20
Revenue Sources
RS -1.
Municipal Bonds (A) .......................................................20
RS -2.
Special Assessment Financing (A) .............................................21
FL -2.
RS -3.
Property Tax Reform(A)....................................................21
FL -3.
RS -4.
State Administrative Costs (B) ................................................22
FL -4.
Federal Deficit Reduction....................................................27
FL -5.
RS -5.
Local Government Aid (LGA)(B)..............................................22
FL -6.
RS -6.
State Funding to Cities (B) ...................................................23
FL -7.
RS -7.
Elimination of Levy Limits (B) ................................................23
FL -8.
RS -8.
Stability of State Revenues (B) ................................................24
FL -9.
RS -9.
Sales Ratio Study (C) . ....................................................24
FL -10.
RS -10.
License Fees (C) ...........................................................25
FL -11.
RS -11.
Equipment Financing (C) ....................................................25
RS -12.
Railroad and Telephone Taxation (C) ...........................................25
RS -13.
Tax -Exempt Property (C) ....................................................25
RS -14.
Local Option Taxes(C)......................................................25
Federal Legislative
FL -1.
Federal Tax Policy: Impact on Cities...........................................26
FL -2.
General Revenue Sharing (GRS)...............................................26
FL -3.
Targeted Fiscal Assistance....................................................27
FL -4.
Federal Deficit Reduction....................................................27
FL -5.
Low- and Moderate -Income Housing............................................28
FL -6.
Homelessness
FL -7.
..............................................................28
Medicare Deductions for City Employees........................................29
FL -8.
Mandates ..................................................
...............29
FL -9.
Stormwater Permits.........................................................30
FL -10.
Superfund................................................................30
FL -11.
State and Local Pipeline Safety Control.........................................30
fio re wo rd
One of the most important purposes of the
League of Minnesota Cities is to serve as a vehicle
through which cities can define common problems
and develop policies and proposals to solve them.
To accomplish this purpose, the League has a
three-step process:
First, legislative study committees of city
officials study the issues and propose policies to
address issues. They assign priorities according to
importance.
Second, the League's Legislative Committee
reviews the policies and priorities and makes any
changes the comittee members deem necessary.
The Legislative Committee consists of the LMC
Board of Directors and the chairs of the legislative
study committees.
Third, representatives of all member cities meet
at the annual Policy Adoption Meeting to adopt
the policies. Amendments to the policies are
possible with a two-thirds majority of those voting
on the issue.
The policy statements and legislative proposals
in this publication are the result of that process.
They provide the LAIC Board of Directors and staff
with guidance when testifying before legislative
COMWwwMittees
Development Strategies
Chair: Mary Anderson, Mayor, Golden Valley
Richard Almich, Administrator, LeSueur
Clark Arneson, Economic Development
Director, Chaska
Chuck Canfield, Councilmember, Rochester
Dave Childs, City Manager, St. Anthony
Kevin Frazell, Administrator, Mendota Heights
John Frohrip, Community Development
Director, Sauk Rapids
Andrea Hart, Assistant Legislative
Liaison, Minneapolis
Baldev Josan, Administrator, Delano
Mark Lenz, Administrator, Mahtomedi
Rick Lewis, Assistant Administrator,
Cottage Grove
�__LA
committees and taking other actions with legisla-
tive or policy implications.
Priority designation of the policy is in paren-
theses at the end of the policy title. The study
committees developed the priorities and the
Legislative Committee and member cities reviewed
them and, in some cases, modified them.
The priorities give additional guidance to the
LMC Board and staff in implementing the League's
legislative program.
A " priority indicates a major issue, where the
League would introduce legislation or would work
actively with other groups to seek new laws and
regulations.
"B" priority indicates items that are important
to cities but where the League would probably
spend substantially less time unless the Legislature
or other groups mounted a major effort to which
LMC had to respond. While the League might
initiate legislation on "B" priority items, these
would be relatively non -controversial items, or
those where most of the research has already been
completed.
"C" priority indicates items where the League
would respond only when other groups raise the
issue.
Diane Lynch, Intergovernmental Relations,
St. Paul
Robert Museus, Clerk Administrator, Rushford
Rick Mussett, Community Development
Director, Bloomington
Bruce Peterson, Community Development
Director, Willmar
David Sollenberger, City Manager, Winona
David Thompson, Councilmember, Golden Valley
Ken Tischart, Mayor, Red Lake Falls
Stephen Townley, Administrator, Madison
Kurt Ulrich, Community Development
Director, Champlin
David Unmacht, Assistant City Manager,
Prior Lake
Craig Waldron, Economic Development Director,
Roseville
Dennis Welsch, Planning Director, White Bear Lake
Greg Withers, City Administrator, Princeton
Government Structure and General Legislation
Chair: Larry Bakken, Councilmember,
Golden Valley
Duke Addicks, Legislative. Liaison, Minneapolis
Karen Anderson, Councilmember, Minnetonka
Frank Boyles, Assistant City Manager, Plymouth
Ralph Campbell, Cable Administrator,
Eagan -Burnsville
Carol Carlson, Director of Administrative
Services, New Hope
Mike Casper, Clerk Treasurer, Breckenridge
John Christenson, Mayor, Good Thunder
Wayne Courtney, Mayor, Edina
Jerry Dulgar, City Manager, Anoka
Joanelle Dyrstad, Mayor, Red Wing
Harry Gherardi, Deputy Clerk, Hibbing
Robert Grasslin, City Clerk, St. Cloud
Carole Grimm, City Clerk, Rochester
Melvin Kilbo, Police Chief, Orono
Evelyn Kjos, City Clerk, Burnsville
Scott Larson, Clerk Administrator, Cambridge
Larry Lee, Assistant City Manager, Bloomington
Jerry Linke, Mayor, Mounds View
Beverly Love, Clerk Treasurer, Bingham Lake
Bob Malliet, Mayor, Fairmont
Joyce Mercel, Minneapolis
Connie Morrison, Mayor, Burnsville
Mary Mueller, City Clerk, Apply Valley
Steve North, Assistant City Manager, Roseville
Floyd Olson, City Attorney, Bloomington
Steve Proeschel, Administrative Aide, St. Paul
Norm Schroeder, City Administrator, Staples
Mark Sievert, Administrator, Dayton
Joanne Student, Council Secretary,
Columbia Heights
Robert Swanberg, Administrator, Renville
Betty Zachman, Clerk Treasurer, Winsted
Duane Zuan, Mayor, Lakeville
Robert Woefel, Councilmember, Redwood Falls
Land Use, Energy, Environment,
and Transportation
Chair: Tom Eidem, City Administrator, Monticello
Bill Barnhart, Local Liaison, Minneapolis
Gary Berg, City Planner, Brooklyn Park
Frank Furlan, Mayor, Chisholm
Jim Genellie, Administrative Assistant, Hopkins
Bill Gill, Mayor, Northfield
Brian Gramentz, City Administrator, Winsted
Mark Grimes, Director of Planning, Golden Valley
iv
Tom Hallorah, Building Official, Rochester
Tom Heenan, Sanitarian, Crystal
Gunnar Isberg, Councilmember, Northfield
Dayle Johnson, Mayor, Battle Lake
Neil Johnson, Director of Public Works,
Brooklyn Park
Lilias Jones, City Clerk, Wolverton
Roger Knutson, City Attorney, South St. Paul
Russ Langseth, Director of Public Works,
Bloomington
William Lavin, City Manager, Granite Falls
Dean Massett, Council Administrator, Red Wing
Steven Mielke, Community Development
Director, Hopkins
Kenneth Murphy, Councilmember,
Thief River Falls
Bruce Nelson, Executive Director,
Alexandria Lake Sanitary District
Henry Pappone, Councilmember, Virginia
Don Pauley, Clerk Administrator, Mounds View
Steve Proeschel, Administrative Aide, St. Paul
Steven Schwanke, City Planner, Eagan
Kiki Sonnen, Councilmember, St. Paul
Blair Tremere, Planning Director, Plymouth
Personnel and Public Safety
Chair: Pete Stolley, City Administrator, Northfield
Dick Abraham, City Administrator, Lake City
Linda Barton, City Manager, Burnsville
Dennis Bible, Director of Labor Relations,
Minneapolis
Lynn Boland, Personnel Director, Apple Valley
Pat Bonniwell, Clerk -Administrator -Treasurer,
Dassell
Dick Carlquist, Police Chief, Plymouth
Daniel Donahue, City Manager, New Hope
Gil Dullinger, Building Official, Brooklyn Park
Brian Holzer, Fire Chief, Burnsville
Dixie Johnson, Councilmember, Detroit Lakes
Bill Joynes, City Manager, Golden Valley
Gary Klaphake, City Administrator, Fairmont
Jim Lacina, Administrator, Woodbury
Orville Mertz, Fire Chief, Rochester
Kent Michaelson, Personnel Director, Bloomington
Ron Moorse, Administrative Assistant, Roseville
Joan Niemiec, Councilmember, Minneapolis
Bob Norton, Dir. General Service, Winona
Dean O'Borksy, Chief of Police, Hutchinson
John Peterson, Councilmember, Lindstrom
Dave Pokorney, City Administrator, Chaska
Robert Schaefer, City Administrator, Inver Grove
Ray Schoenecker, Mayor, New Prague
Ryan Schroeder, Assistant City Manager,
Robbinsdale
William Thompson, Fire Chief, Coon Rapids
Revenue Sources
Chair: Sig Stene, Mayor, Lindstrom
Duke Addicks, Legislative Liaison, Minneapolis
Leslie Anderson, Finance Director, Burnsville
Jim Andre, City Manager, Roseville
Don Ashworth, City Manager, Chanhassen
Richard Asleson, Administrator, Apple Valley
Bill Bassett, City Manager, Mankato
Mary Lou Beckman, Mayor, Lake City
Bill Bentfield, Mayor, Sauk Rapids
John Craig, Mayor, Grand Rapids
Charles Darth, Director of Intergovernmental
Relations, Brooklyn Park
Walter Fehst, City Manager, Robbinsdale
Steve Hard, Councilmember, Falcon Heights
Harry Hornbrook, Mayor, Sleepy Eye
Sam Huston, Mayor, St. Cloud
Barbara Irvine, Councilmember, Hanover
Richard Johnson, City Manager, Blaine
Robert Johnson, City Administrator, Montgomery
Darrel Johnson, Finance Director, Winona
Mary Ellen Kellen, Councilmember, Adrian
Duane Knutson, Mayor, Fertile
Diane Lynch, Intergovernmental Relations,
St. Paul
Tim Madigan, City Manager, Waseca
Dean Nyquist, Mayor, Brooklyn Center
Lyle Olson, Dir. Staff Services, Bloomington
Craig Rapp, City Manager, Hopkins
Al Ringsmuth, Mayor, Waite Park
^- y
Mark Sauter, Council nember, Waconia
Hank Sinda, City Manager, New Brighton
Shirley Slater, Clerk Treasurer, Dayton
Roy Trullinger, Clerk Treasurer, St. James
Dan Vogt, City Administrator, Shorewood
Richard Waataja, Clerk Treasurer, Cook
James Willis, City Manager, Plymouth
Liz Witt, Councilmember, Mendota Heights
Federal Legislative
Chair: Steve Cramer, Councilmember, Minneapolis
Cynthia Albright, Councilmember, Duluth
Mary Anderson, Mayor, Golden Valley
Janel Bush, Federal Liaison, Minneapolis
June Demos, Mayor, Roseville
William Gill, Mayor, Northfield
Sue Hess, Administrative Assistant, St. Cloud
Jim Krautkremer, Mayor, Brooklyn Park
George Latimer, Mayor, St. Paul
Millie MacLeod, Councilmember, Moorhead
Carl Meissner, Clerk Administrator, Cottage Grove
Bruce Nawrocki, Mayor, Columbia Heights
Neil Peterson, Councilmember, Bloomington
Clarence Ranallo, Councilmember, St. Anthony
James Scheibel, Councilmember, St. Paul
Betty Sindt, Councilmember, Lakeville
Peter Solinger, Alderman, Rochester
Leon Steiner, Councilmember, Albert Lea
Carl Wyczawski, Mayor, New Ulm
DEVELOPMENT STRATEGIES
DS -1. Tax Increment Financing (A)
The League recommends that tax increment
financing remain available for cities. Cities are
willing to work with the Legislature to improve the
program, as well as correct any problems with tax
increment financing.
Tax increment finance has permitted many cities
in various parts of the state to define and carry out
rehabilitation, redevelopment, housing, and econo-
mic development projects on their own initiative.
It represents the most feasible and effective legal
strategy which is currently available to cities to
preserve and improve their physical and economic
environment.
In view of the dramatic reductions in federal
assistance for development and housing, tax
increment finance remains one of the few options
available for cities to promote growth and develop-
ment in their cities.
The League opposes volume limits or penalities
for municipal use of tax increment finance. Should
the Legislature decided that particular tax incre-
ment finance practices should be modified, those
practices should be dealt with through specific
proposals rather than the establishment of a
volume limitation.
DS -2. Economic Development Authorities (A)
The League supports legislation which would
provide city economic development authorities
with the same power and authority as certain cities
have been granted in special port authority acts.
The League believes that it is unfair and un-
reasonable to grant greater authority and power to
some cities in the economic development field and
requests the following legislative changes accord-
ingly:
1. Authorize all cities to designate economic
development areas anywhere within their jurisdic-
tion, not as present law provides requiring that
economic development areas be continguous and
meet the tax increment finance redevelopment/
blighted area test.
2. Authorize the issuance of debt with respect to
project activities within economic development
districts without a referendum.
S',A
3. Authorize a separate levy of .75 mills for
economic development purposes.
4. Authorize the economic development auth-
ority to build buildings or structures on land
owned by the authority.
DS -3. Development Financing (A)
The League supports the continued use of
industrial development bonds and other tax-
exempt instruments as development tools.
The following principles should apply to the
allocation of tax-exempt development authority:
1. A maximum of Minnesota tax-exempt develop-
ment allocation authority being retained by
municipalities.
2. The maintenance of local discretion and
flexibility in development decisions.
- 1 -
3. The minimization of state control of local
development decisions.
Tax-exempt financing allows cities to undertake
a diverse range of activities to prevent economic
deterioration, to attract new businesses and jobs,
to retain existing businesses and jobs, and to
maintain and strengthen the local tax base.
Pending federal tax legislation would substantial-
ly change the applicability of tax-exempt develop-
ment financing. Should the state become involved
in designing a new system appropriating tax-
exempt bond authority to cities, the League
recommends that the above three principles apply,
in general, and that the League be centrally in-
volved with the governor and the Legislature in
fashioning an equitable system.
DS -4. Municipal Service Districts (A)
The League supports legislation which would
allow cities to create municipal service districts.
Cities should be allowed to finance the types of
improvements listed in M.S. 429.021 (relating to
the construction, replacement, and maintenance of
such things as streets, sidewalks, gutters, storm and
sanitary sewers, waterworks systems, street lights,
and public malls, parking, or courtyards). Both
service charges and ad valorem property taxes
should be available to finance services or capital
improvements in the district.
Recent court decisio is concerning special
assessments have made it more difficult for cities
to use special assessments to finance public services
and improvements. The Minnesota Supreme Court
has interpreted the state Constitution to require
not only that a special assessment project "special-
ly benefit" affected parcels of property, but also
that the city be able to prove that the market value
of a property will increase in direct relation to the
amount of the special assessment applied to that
property.
This interpretation has created particular pro-
blems for several important city functions. First, it
is more difficult to assess all (or even part) of
a capital improvement project to repair or replace,
as opposed to newly built improvements. This
hinders cities from meeting the widely recognized
need for maintenance of the existing public infra-
structure.
Second, cities' ability to finance annual operat-
ing and maintenance costs of some services to
property through the use of special service charges
is either unclear or non-existent under current law.
The only current financing alternative to special
assessments or service charges is the general pro-
perty tax. But it may not be desirable to use
the general property tax to finance some capital or
operating expenses. For example, if a road is used
almost exclusively by people living in one corner
of a city, it may be bad public policy to require the
cost of replacing that road to be borne by all the
property in the city. This is especially true if the
property in the rest of the city has already been
assessed for similar improvements.
Or, if the central business district or mall of a
city benefits from more frequent snowplowing or
street cleaning, better lighting, etc. it may not be
good policy to have all the city taxpayers share in
those expenses.
DS -5. Housing (B)
The League of Minnesota Cities supports legisla-
tion that preserves and improves the financing
tools available to cities for the construction and
rehabilitation of housing.
Federal tax reform legislation as well as sub-
stantial cuts in HUD housing programs have dealt a
severe blow to many cities' housing efforts. State
legislation preserving existing tools such as tax
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=- A
exempt finance, interest rate write down, and
taxable options in tax increment and revenue
bonding are more important than ever. In addition,
new legislation providing cities with new resources
must be considered. Cities recognize that incentives
for the construction and rehabilitation of housing
form a vital part of city redevelopment efforts and
serve the housing needs of its citizens, especially
those of low and moderate incomes.
The League also supports new legislation which
includes specialized opportunities for small com-
munities to participate in state housing and develop-
ment programs.
The League, in general, supports amendments to
Chapter 462C necessary to further assist cities in
using housing revenue bond programs both as a
redevelopment tool and as a way to provide
housing for low- and moderate -income households.
As for the Minnesota Housing Finance Agency
(MHFA), program funds should be targeted to
cities in a manner consistent with local plans and
programs. The MHFA should continue to improve
its procedure whereby representatives of a diverse
group of cities, chosen in consultation with the
League, can participate in targeting funds to cities.
DS -6. Economic Development Funds (B)
The League supports legislation authorizing
cities to use general funds or bond proceeds to
establish funds for the promotion of economic
development activities within the city.
Recently cities have sought special legislation to
establish special funds intended to be used to
promote economic growth within their com-
munities. These "capital seed funds", are financed
either through general fund monies or general
obligation bond proceeds. Cities have used them
for the purposes of making grants, loans, and other
development activities.
DS -7. Community Development Principles (C)
The League supports legislation which continues
state assistance to cities for community and
economic development. The League encourages the
Legislature to appropriate funds for direct assist-
ance to business for economic development. As a
matter of principle, the state should not encourage
the use of such direct assistance for the sole
purpose of moving businesses from one Minnesota
city to another. Technical assistance should be
furnished by the appropriate state agencies to aid
cities in promoting local development activities.
Minnesota cities have traditionally been respon-
sible for their own economic growth. During the
'60s and '70s, cities promoted development through
the use of industrial revenue bonds, tax increment
financing, and housing (or mortgage revenue)
bonds. Substantial federal grant programs supple-
mented local resources.
The economic realities of the 1980s require even
greater efforts by cities in community and econo-
mic development. As federal assistance disappears,
cities are forced to become more creative in the use
and leveraging of available resources.
In recent years, the state has assisted cities'
development efforts through legislation and
agency -administered programs, including Minnesota
Main Street, Star Cities, Minnesota Housing Finance
Agency loan programs, and small business rehabili-
tation loan programs. State legislation must con-
tinue to provide maximum flexibility for cities to
carry out community development activities.
Additionally, the state must actively promote
economic development through direct assistance to
businesses and more extensive technical assistance
to maximize cities' ability to leverage local, state,
and federal resources.
Any proposed community and economic develop-
ment legislation should respond to the following
concerns:
1. Protection of cities' ability to finance capital
improvements;
2. Management of economic growth to maxi-
mize cities' existing capital investment;
3. Revitalization of cities reversing the trend of
dispersion of population and economic activity;
4. Recognition and allowance for the great
differences between cities regarding their stages of
growth and development, demographics, and types
of economic activity within and adjacent to their
borders; and
5. The Legislature should enable the Small
Business Finance Agency to package projects
which are approved by local city councils into
larger industrial revenue bonds.
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DS -8. Tax -Exempt Status of Land Held
by Cities for Development (C)
The League supports granting unlimited tax-
exempt status to property held by cities and their
political subdivisions for later resale to promote
economic development.
Up until recently, almost all property owned by
political subdivisions was granted tax-exempt
status. In 1979, the Legislature changed the law to
provide that property held by a political sub-
division of the state for later resale for economic
development purposes would be considered a
public purpose and therefore tax-exempt for a
maximum period of three years. In 1984, the
Legislature revised the statute, providing tax-
exempt status for a period of eight years in most
situations and granting an exemption for an
unlimited period of years if the property is held for
housing programs or is classified as "blighted land"
under state law.
The 1984 law provides, however, that the
property will be taxable if the property is acquired
for economic development purposes, and building
or other improvements are constructed after
acquisition of the property, and if more than
one-half of the floor space of the buildings or
improvements available for lease to or use by a
private individual, corporation, or other entity is
leased to or otherwise used by a private individual,
corporation, or other entity.
The overall intent of the statute is to create an
incentive for political subdivisions to engage in
economic development activities as well as to
promote moving the property back onto the
tax rolls. Unfortunately, it does not fully recognize
that the process of developing industrial and
economic growth, rehabilitating, or building
housing may extend over a long period of time.
The uncertainty caused by the vague provision
on improvements and leasing of one-half of the
property discourages cities from being active in
establishing and maintaining local development
corporations, from retaining as much control as
possible over their economic development and
planning process, and from being selective as to
the type of development which may occur in
the city.
Cities have every incentive to get property back
on the tax rolls as soon as possible. Therefore, the
League recommends that the provision concerning
one-half installation of improvements be deleted or
at the very least clarified, and that the eight-year
limit on tax-exempt status be removed.
DS -9. Small Cities Community
Block Grant Program (C)
The League supports the state's continued
administration of the Small Cities portion of the
Community Development Block Grant (CDBG)
program. The League also supports the continua-
tion of the set-aside of federal funds for economic
development grants and augmented state appro-
priations to supplement the federal funds set aside.
The League discourages any legislative attempt to
deal statutorily with complex, specific program
criteria that are best handled administratively.
The Small Cities CDBG program should con-
tinue as a source of funding which encourages
cities to "develop viable communities by providing
decent housing and suitable living environment and
expanding economic opportunities, principally for
purposes of low- and moderate -income," in com-
pliance with congressional intent. The state should
maintain the CDBG program balance between
cities' economic development needs and the
needs of low- and moderate -income people. Cities
should retain maximum flexibility in determining
how to carry out CDBG program objectives.
GOVERNMENT STRUCTURE AND
GENERAL LEGISLATION
GSGL-1. Tort Liability and Insurance (A)
The League supports legislation reducing the
exposure of cities to civil lawsuits without unduly
restricting an injured party from recovering com-
pensation from negligent individuals and supports
actions ensuring the availability and affordability
of insurance coverage for cities.
While many debate whether there has been an
"explosion," it is fairly well established that the
growth of tort litigation over the past several years
has resulted in increasing liability for governmental
entities, private businesses, and individual citizens.
Additionally, business practices of insurance
companies have played a significant role in the
recent insurance crisis. The League supports
reasonable reforms dealing with both sides of the
liability insurance issue.
The Municipal Tort Liability Act was enacted in
1963 to protect the public treasury while giving
IEIE
the citizen relief from the arbitrary, confusing, and
administratively expensive prior doctrine of
sovereign immunity with its inconsistent and
irrational distinctions between governmental and
proprietary activities. The act has served that
purpose well in the past. However, courts frequent-
ly forget or ignore the positive benefits secured to
citizens damaged by public servants as a result of
enactment of the comprehensive act which in-
cludes some limitations on liability and some
qualifications of normal tort claims procedure.
The special vulnerability of far-flung government
operations to debilitating tort suits continues to
require the existence of a tort claims act applicable
to local governments or local governments and the
state. The need for some type of limitations is
evidenced by recent experiences with the insurance
market.
The 1986 Legislature responded to some of
these concerns in enacting the 1986 Tort Reform
Act, but the problems continue to exist and
further action is necessary. The League recom-
mends the following changes in the tort liability
system:
1. The procurement of insurance should not
constitute a waiver of any limitation or immunity
provided by law except the dollar limitations and
in that event the policy must expressly waive such
limitation with specificity.
2. Punitive damages, intended to punish and
deter egregious conduct, have not been effective
because the standards of applicability have been
too vague. The League does not oppose the total
elimination of punitive damages, but would prefer
that the Legislature specify that punitive damages
may be awarded only when the conduct involved
manifests malicious and flagrant indifference to
safety, and places monetary limits on such awards.
If however, the Legislature is unwilling to raise
the standards for punitive damages, it must address
the concern of city officers and employees who
may be personally liable and cities should be given
the option to either defend and indemnify or not
to defend and indemnify its officers or employees
for punitive damages claimed and levied against
them. Such decisions must be made by the city
within a reasonable time after being served with a
summons and complaint alleging conduct that may
result in a punitive damage claim. The decision of
the city should be inadmissable in any trial in
which the claim of punitive damages is made.
3. The fault -based system of damage awards has
apparently eroded. In order to facilitate the return
to a fault -based system, joint liability should be
abolished in cases where defendants have not acted
in concert and a modified comparative fault system
should be used to evaluate the actions of other
persons involved with the injury and assess damages
in proportion to the amount of each person's fault.
If however, the Legislature is unwilling to do this,
it should modify the 1986 legislative language
dealing with joint liability to make it apply to all
defendants or establish a legislative rationale for
having it apply only to governmental entities.
4. In order- to protect any enacted legislation
from constitutional equal protection challenge, the
Legislature should establish rationales defining the
problem being addressed and the intent of the
Legislature.
GSGL-2. Open Meetings (A)
The League recommends that the Open Meeting
Law be amended to conform to the Data Practices
Act.
City officials strongly support the basic premise
of the Open Meeting Law --to assure the public's
right to be informed about the conduct of public
business. Experience with this law since 1974,
however, indicates clearly that there are areas
where the legislation should be amended in the
public interest. The League believes that there are
certain specific instances where the public interest
would be better served by permitting a local
governing body to meet in executive or closed
session.
These instances include certain discussions
relating to employees such as "hiring" interviews,
discussions regarding the purchase or sale of land
for a public purpose, and discussions of informa-
tion protected under the Data Practices Act.
These latter situations are particularly troublesome
since it is often necessary for the council to choose
between violating either the Open Meeting Law or
the Data Practices Act.
Additionally, the League opposes any legislative
attempt to alter the recent court ruling that the
Open Meeting Law applies only to meetings where
a quorum of the governing body or its established
committees is present. The ruling clarified the law
which was often viewed as applying to any meeting
between two office holders. Limiting the applica-
—L�
tion of the law to gatherings of a quorum or
more is a common sense approach to implementing
the statute and should not be altered.
GSGL-3. Mandates (B)
The League opposes any additional mandates
unless the Legislature provides adequate revenue
sources to implement the .law.
One of the most serious problems facing cities is
the growth in the number and cost of federal and
state -mandated programs which substitute the
judgments of Congress and the State Legislature
for local budget priorities. Recent examples
of costly mandated programs include comparable
worth, employee right to know, legal compliance
audits, and newspaper publications. Special bills to
address this problem on an ad hoc basis have not
provided a permanent or statewide solution to
these problems.
-5-
The League therefore supports the 1985 legisla-
tion which requires the state to adopt a policy of
deliberate restraint on its mandated programs,
including providing a mandatory fiscal note identi-
fying local government costs on any new mandated
programs when they are introduced in the legisla-
ture and a statement of compelling statewide
interest to accompany all state mandates. The
League further supports the recently adopted
Governor's Advisory Council on State and Local
Relations recommended guidelines for mandating
for the legislative and executive branches.
Revenues or alternative revenue producing
mechanisms, other than the general property tax
subject to levy limits, must accompany new
mandates. Also, the Legislature should repeal
obsolete, unnecessary, and unduly restrictive
mandatory laws and rules.
GSGL-4. Purchasing Authority of
Plan B Managers (B)
The League supports changing the purchasing
authority of city managers in Plan B cities from
$1,000 to conform to the figures in the Uniform
Municipal Contracting Law.
Currently the law allows Plan B city managers to
make purchases under $1,000 without council
approval. This provision has not been changed for
many years and inflation has seriously eroded the
utility of the provision. The law should be
amended to increase the figure to the dollar
amounts in the Uniform Municipal Contracting
Law which allows purchases under $15,000 to be
made relatively easily.
GSGL-5. Towing of Abandoned Vehicles (B)
The League supports legislation clarifying the
authority of cities to impound abandoned motor
vehicles.
Recently, the Legislature passed Minnesota
Statutes 465.75 which prohibits a private vehicle
tower from removing a motor vehicle from private
property unless he has the permission of the owner
of the vehicle or of the owner of the property.
While the intent of this statute to prohibit hawkish
towing companies from improper towing practices
is laudable, the ramifications of the law go too far.
Cities are authorized to impound abandoned
motor vehicles and Minnesota Statutes 1686.04
provides a detailed process to accomplish the
removal of health hazards and eyesores. Unfor-
tunately, the recent legislative act could be con-
strued to prohibit cities from utilizing private
towers to remove and impound abandoned or
junked automobiles.
Cities could be forced to use its own employees
and equipment because it is not "in the business of
towing." The law should be amended by adding an
exclusion for private towers who act at the direc-
tion of a city following the procedures prescribed
in Minnesota law.
GSGL-6. State Licensing of Contractors (B)
The League opposes the state's takeover of trade
contractor licensing.
Licensing of general trade contractors and
various other activities has long been a local
prerogative, and the mechanism for license review,
issuance, and enforcement is already in place. The
primary reason that local licensing has been suc-
cessful and therefore maintained at the local level
is that inspection and enforcement personnel reside
at the local level, know the area and activities, and
are familiar with local ordinance and restrictions,
thus providing better and faster enforcement.
Suggestions have been made to form a statewide
licensing authority and split the revenue among the
licensing agency and various municipalities with
the cities maintaining enforcement tasks. It is
questionable under this arrangement if either the
agency or municipalities would have enough funds
to accomplish the respective tasks. The current
proposals seem to overly complicate the existing
system which is effectively regulating the con-
tractors and may result in a reduction of small
contractors who operate in only a limited number
of communities.
GSGL-7. State Audits and City
Financial Reporting Requirements (B)
The League supports continuation of the exist-
ing auditing and financial reporting requirements
for cities.
Minnesota has one of the most modern and
rigorous systems of oversight of municipal finances
in the nation. The state auditor currently reviews
annual financial reports of cities. Cities over
2,500 must have annual audits and the state
auditor has the authority to audit a city upon
receipt of a petition. There is no need to require
cities under 2,500 to follow more rigorous ac-
counting requirements than presently exist or to
have annual audits.
Additionally, the state auditor should not be
given the power or responsibility to audit local
governments or their instrumentalities. The League
supports requirements that provide copies of local
audits be sent to the state auditor on a regular
basis. The private sector is fully competent to
conduct governmental audits and may be more
economical and practical than a state agency.
GSGL-8. Government Training Service Funding (B)
The League supports continued state financial
funding for the Government Training Service.
The Government Training Service (GTS) has
been invaluable in maximizing training oppor-
tunities while minimizing training costs for local
government officials and staff over the past ten
years. Both the need and the demand for services
are greater than ever during these times of tight
budgets.
GTS continues to respond on behalf of all local
jurisdictions in Minnesota by developing innova-
tive, low-cost alternatives and exploring cost-
effective delivery systems. The Legislature
should continue state financial support for
GTS.
GSGL-9. Charitable Gambling
Enforcement Fees (B)
The League supports legislation modifying the
charitable gambling statute to provide local units
with a share of the annual state permit fees and a
portion of the tax proceeds to reimburse local
units for enforcement costs.
Since the establishment of the State Charitable
Gambling Control Board and liberalization of the
charitable gambling permitted within various
establishments, there has been a significant increase
in local enforcement needs and costs, while the
main source of funding these costs, the local
license fee, has been precluded by state action
from being used. The 1986 legislation authorizing
an investigation fee does not raise sufficient
revenues to compensate cities for costs of enforce-
ment.
GSGL-10, joint Powers Act (B)
The League supports efforts to study the current
Minnesota joint Powers Act and recommends that
the Legislature refrain from enacting any major
changes to the act prior to completion of such a
study.
In conducting a review of the current act the
League urges the Governor's Advisory Council on
State -Local Relations or the Legislature to consider
the policy behind establishing such boards and the
need to encourage cooperation between govern-
mental units. The main goal of the study should be
to encourage the use and establishment of joint
power boards.
GSGL-11. Cable Communications (B)
The League supports continuation of the exist-
ing Minnesota Statutes Chapter 238.
Cities in Minnesota enjoy among the most
modern and technically sound cable communica-
tions systems in the world due to strong partner-
ships and commitments among cable operators and
federal, state, and local governments. These rela-
tionships are defined at the federal level by the
Cable Communications Policy Act of 1984, at the
state level by Minnesota Statutes Chapter 238, and
at the local level by local cable franchise ordi-
nances.
In 1985, the Minnesota Legislature abolished the
Minnesota Cable Communications Board, an
appointed body of the Department of Administra-
tion which promulgated and enforced Minnesota
Statutes Chapter 238 and its accompanying rules.
This legislation codified some previously existing
board rules into statutory form and reassigned
responsibility for the enforcement of Minnesota
Statutes Chapter 238 from the board to the
commissioner of commerce.
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Minnesota Statutes Chapter 238, in its present
form, is very important to local governments
because it protects cities rights to enforce local
standards and cable operator commitments for
technical, construction, and programming per-
formance.
No changes should be made to Minnesota
Statues Chapter 238 until a thorough and co-
operative effort involving local and state govern-
ment and cable operators, is completed, Such an
effort should include analysis of preseAt federal
and state law and contemporaneous judicial
and business environments.
GSGL-12. Conflict of Interest/
Incompatibility of Offices (B)
The League supports legislation that clarifies
state law as it relates to official conflict of interest
and incompatible offices.
City and other local government officials have
expressed concern over the confusing law dealing
with official conflicts of interest. The law is
written in such a way that applying it to situations
involving both contractual and non -contractual
conflict of interest has caused numerous problems.
Therefore, the League supports amendments
clarifying this area of the law.
GSGL-13. Absentee Balloting (B)
The League supports legislation to clarify
absentee voting ballot requirements to assure that
all ballots are available according to statutory
requirements.
The League supports the use of punch card
voting devices for absentee balloting in health care
facilities and mailed absentee ballots.
Currently, the law allows the use of ;)unch card
devices for absentee balloting when a voter applies
in person to the city clerk or county auditor for an
absentee ballot. The League recommends that the
law be expanded to include use of punch card
devices for all absentee balloting, including mailed
ballots and absentee balloting in health care
facilities.
School districts ballots are not available the 30
days in advance as required by law due to their
filing dates. Filing dates should be changed in order
to comply with the Minnesota election law.
GSGL-14. Precinct Boundary Changes (B)
The League supports legislation to provide a
more orderly way in which to deal with redistrict-
ing after a legislative reapportionment plan is filed.
Current law requires counties to redistrict
county commissioner districts within 180 days
after receiving final census figures. Cities are not
permitted to change precinct boundaries during a
five year period ending January 1 in a year ending
in two. Therefore, counties following city ward
and precinct lines use old boundaries, which in
many cases will need to be changed before the
1992 elections.
GSGL-15. Uniform Local Government
Election Day (B)
The League opposes the designation of a uni-
form local government election day.
Home rule charter cities currently have the
authority through their charters to designate when
they want to hold their local elections. Statutory
cities may establish either an odd or even year
November election date.
Decisions affecting only local units of govern-
ment should be made at the local level unless an
overriding state interest can be demonstrated. The
League believes that there is no statewide necessity
to provide for a uniform local government election
day. However, if the Legislature enacts a uniform
local government election day, the following
features must be included:
1. Home rule charter cities should retain the
option of setting their own election date.
2. Municipal primary elections should continue
to be optional.
T -y
3. All direct costs of state -mandated changes and
additions to present city election duties should be
paid by the state.
GSGL-16. Campaign and
Finance Disclosure (B)
119:31
The League supports legislation which would
simplify the election process so that it would
encourage rather than discourage candidates for
local office.
1. Distinctions between types of campaign
committees and reporting requirements should be
eliminated.
2. The League opposes any state -mandated
requirement of candidates for city office to file
statements of economic interest.
3. The League opposes campaign contribution
limits or reporting requirements in cities less than
20,000 population.
4. To the extent permitted by the state and
federal Constitutions, individuals who actively seek
to influence the nomination, election, or defeat of
a candidate or ballot question through the expend-
iture of their personal funds, or funds they solicit,
should be required to make reports to the same
extent as corporations, associations, or persons
working together.
GSGL-17. Voting Equipment (B)
The League supports present law which allows a
city the option of selecting which state -approved
equipment it determines will best suit its needs and
opposes any state -mandated system of voting
equipment.
GSGL-18. Election Day Registration
and Administrative Improvements (B)
The League supports voter registration prior to
election day and encourages legislation to improve
the current system of voter registration.
The following steps would improve the current
system:
1. Election day registration and voting should be
permitted, but not mandated, to take place in
adjacent rooms.
2. Require public entities to make available
facilities for polling places.
3. Certain penalties for electiun day infractions
are so severe that they constitute a barrier to
effective enforcement of the law. The League
recommends that the laws be reviewed and modi-
fied where necessary so that the laws can be
effectively enforced.
4. The League encourages the promotion of
pre-election day registration through the media and
all other available means.
5. Permitting election judges to sign ballots prior
to sending out absentee ballots.
6. Write-in candidates with less than five percent
of the total vote cast would need not be listed on
election returns.
7. Require the use of county registration sys-
tems at school district elections when held in
conjunction with state or municipal elections and
to follow state and municipal election laws.
GSGL-19. Optional Poll Hours (C)
The League opposes current law that mandates
all cities, regardless of their size, to have their polls
open 7:00 a.m, to 8:00 p.m. for state elections.
Prior to 1983, cities under 1,000 population
located outside the metropolitan area could by
resolution fix the poll hours no later than 9:00
a.m. for a state general election and no later than
5:00 p.m. for a state primary. This flexibility
would reduce costs to very small cities.
The League also supports legislation for munici-
palities to set their polling hours by referendum.
GSGL-20. City Election Campaigns (C)
The League supports extending income tax
credits or deductions for contributions to city
election campaigns.
Candidates should be encouraged to seek broad-
er backing from among constituents. Extending
income tax credits or permitting deductions by
using criteria for state deductions should be
permitted for city election campaigns.
GSGL-21. Primary Dates (C)
If the Legislature enacts a change in the primary
date, the law should provide that the filing dales
for municipal and school district offices should
close no less than 45 days prior to an election to
provide ample time to prepare and distribute
absentee ballots.
1. Filing dates for municipal and school district
offices should close no less than 45 days prior to
municipal or school district elections to provide
ample time to prepare and distribute absentee
ballots.
2. Changes in the primary dates should consider
that filing dates for state and municipal elections
should be as uniform as practical.
LAND USE, ENERGY, ENVIRONMENT,
TRANSPORTATION, AND ENVIRONMENT
LUEET-1. Wastewater Treatment (A)
The League supports increased state and federal
assistance, and alternative programs, which provide
financing for wastewater treatment construction
projects.
Clean water is vitally important to the citizens
of this country and particularly to residents and
visitors of Minnesota. Minnesota's cities remain
committed to improving water quality. Unfor-
tunately, the costs involved in providing cleaner
water are staggering. Because of the incredible cost,
it must be recognized that it is economically
impractical to immediately eliminate wastewater
pollution. Therefore, all levels of government must
take a reasonably balanced approach to solving
the wastewater pollution problem.
The ability of cities to comply with any clean
water program must be recognized as contingent
upon the availability of adequate funds for treat-
ment facilities. Since 1978, federal funding for the
wastewater treatment construction grant program
has been cut in half. Additionally, the federal share
of construction grants dropped from 75 to 55
percent in fiscal year 1985. The same budget
constraints facing the federal government exist at
the state and local level but to a greater degree due
to a limited income base.
It is unfair to those city residents who in the
past have contributed their federal tax dollars to
projects in other locations to be faced with a
tripling of the local share for a project in their
arca. For this reason, if the federal government
does not return the federal share for rehabilitation,
repair, upgrading, and new construction of treat-
ment facilities to 75 percent, the state should be
the level of government to bear the increased
burden. Alternatives to grant programs, such as
revolving loan funds are acceptable financing
alternatives to the extent that grant programs are
not sufficiently funded and the loan program is
supplementary to, and not a replacement for, grant
programs. Any loan program should take into
consideration varying local financial capabilities.
The League commends the Legislature for the
enactment in 1984 of a separate state grants
program and 1985 legislation which increased
overall state financing assistance in certain circum-
stances. Increased revenues are needed for this
program and the League opposes any reduction in
the amount of the cigarette tax dedicated to
wastewater treatment funding. The Legislature
should increase state -provided financing assistance
through a general fund appropriation, state bond
proceeds, or other appropriate sources.
The League recommends that the Legislature
establish an expanded reimbursable grant program
using up to one-half of the funds currently appro-
priated to wastewater treatment. This program, to
be offered to communities on a totally voluntary
basis, should seek to encourage immediate con-
struction with minimal prior review by the
Minnesota Pollution Control Agency and provide
reimbursement to communities on the basis
of proven performance in reducing pollutants in
wastewater effluent. The program should be
structured to the extent practical to avoid dis-
couraging privatization and innovative treatment
methods.
The League supports a full review by the Legis-
lature of proposed water quality permit fees and
opposes the imposition of these fees on local units
of government to the extent that they only serve as
an alternative means for the state to raise revenue.
If fees are determined to be properly imposed on
governmental units, the fees should be based solely
on the cost of actually providing governmental
services to the political subdivision and private
sector alternatives should be made available to
ensure minimal costs to local taxpayers. The
League, however, does not oppose financing
mechanisms which seek to equalize past grants
with present or future grant programs.
= Lk
It is inequitable and the League opposes efforts
by either the state or federal governments to
institute enforcement actions or impose increased
Fees or charges against communities for failure 10
meet effluent standards while at the same time
assigning these communities a low priority on the
needs list for state and federal funding.
LUEET-2. Land Use, Planning,
and Annexation (A)
The League supports a recodification of the
existing planning enabling statutes to the extent
that the proposals do not restrict local govern-
ments' current flexibility to address either pro-
cedural or substantive unique circumstances.
In conducting a review of any proposal affecting
land use, planning, development, or annexation,
the League urges the Governor's Council on State
Local Relations or the Legislature to consider
that public policies which encourage substantial
development in non -urban areas and which extend
public services beyond existing jurisdictions and
service areas are wasteful and counter-productive.
Additionally, it should be accepted by all that
prime agricultural land is a major natural and
economic resource and any state land use strategy
must include as a major objective the preservation
of prime agricultural land.
Particular attention should given to the problem
of development and the delivery of governmental
services to urbanizing fringe areas. Recommenda-
tions and proposals for statutory change should
be presented to the 1987 Legislature. Pending
these recommendations, the League urges the
Legislature to refrain from amending the state's
planning and annexation statutes in any way in the
1987 session.
State law should continue to encourage the
preservation of prime agricultural land and dis-
courage the development of such land outside
designated growth areas to be served by a city. The
state should also encourage local governments to
adopt agricultural preservation policies and ordi-
nances.
It must also be considered that, even if these
steps are taken, a great deal of development will
still occur in the fringe areas surrounding cities.
The League recommends as a long-term goal that
state statutes regulating annexation be changed
to make it easier for cities to annex this developed
or developing land, in order to insure the integrity
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of our governmental systems. It is unfair to city
residents to have individuals avoid paying their fair
share for municipal services provided by the city
government by living in the fringe area around a
city.
LUEET-3. Solid and Hazardous
Waste Management (B)
The League supports state programs designed to
minimize or eliminate the need to landfill solid and
hazardous waste.
The problem of regulating, controlling, and
disposing of solid and hazardous waste will be one
of the major environmental issues of the next
decade, both nationally and locally. Major state
legislation addressing this issue has been enacted
annually since 1980. These acts responded to the
concerns and issues raised by the League and local
government and we commend the Legislature for
its actions.
The existing waste management and control
system for the handling and disposal of hazardous
materials centralizes responsibility at the state
level but requires the cooperation and support of
all levels of government. The system established for
solid waste is more diffuse, relying on cities to
control and regulate collection, counties to regu-
late or operate existing landfills, and the state to
coordinate responsibilities and plan for future
disposal needs. Both systems have been designed to
foster and encourage abatement, recycling, and
resource recovery for as much of the waste stream
as possible and then to assure environmentally
sound disposal for the rernaining waste.
The system has not been entirely implemented
as yet, but it appears to be working and therefore
the League does not perceive a need for major
changes to existing legislation at the present time,
but any future legislation that may be considered
should enhance and not diminish the emphasis on
these concerns:
1. Effective Planning. To the greatest extent
possible, all levels and units of government and the
private sector should be involved in all phases of
planning and managing the solid and hazardous
waste streams to assure a cost-efficient and en-
vironmentally sound solid waste and hazardous
waste disposal system.
2. Alternatives to Landfills. The League strongly
endorses abatement, recycling, and resource
__7 -4
recovery activities and programs to reduce the need
for the land disposal of waste. The goal should be
to reduce to the maximum extent practical the
need for land disposal of unprocessed solid waste:,
and to totally avoid the land disposal of hazardous
waste.
The League would support the eventual pro-
hibition of disposal of unprocessed solid waste in
landfills as cost-efficient alternatives are developed
and funding is provided to cities to implement
their responsibilities in a revised solid waste manage-
ment system. A tax on solid waste deposited in
landfills would be supported by the League if the
funds derived from the tax would be used to
establish a fund to pay for post -closure costs of
landfills and to finance recycling and abatement
programs in the political jurisdiction where the tax
is derived.
In order to make local waste programs viable, a
process for regulating the flow of solid waste must
be available to provide a sufficient source of waste
for any recovery program or facility. The League
also supports the concept that producers of solid
waste should pay the true and full costs of solid
waste disposal and commends the Legislature for
its forward looking initiatives during the 1984
session in which a three -tiered system of fees on
land -disposed solid waste was established with the
intent of establishing a fee structure based on the
type of waste disposed of in landfills. The Legisla-
ture should continue to fund educational efforts
on the subject of solid and hazardous waste dis-
posal, including alternatives for the disposal of
household hazardous waste.
3. Compensation and Incentives for Communi-
ties. Waste disposal facilities have many unde-
sirable impacts on "host" communities, and
compensation for all direct and indirect costs
incurred' by the community should be provided.
Direct costs include such things as fire protection,
water and sewer services, buffer zone design and
amenities, and litter clean-up, while indirect costs
include such items as road maintenance, monitor-
ing costs, end-use planning, and city administrative
costs associated with the facility. The current
authority for landfill host communities to impose a
fee on waste deposited in the landfill should not be
reduced.
4. Funding for Environmental, Personal, and
Property Damages. Recent studies have indicated
that most, if not all, landfills eventually cause
groundwater contamination problems. It is largely
undetermined at this point what the eventual
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impacts will be, and in contemplation of this, the
League supports a surtax on solid waste going into
landfills which will go into a fund dedicated to
compensate people or communities injured or
damaged by adverse environmental incidents
caused by environmental contamination, including
real or personal property damage, personal injuries,
clean-up activities, and alternative water supplies.
5. Clean-up of Hazardous Substance Locations.
The clean-up and decontamination of existing
hazardous waste sites should continue before there
is further damage to public health and environ-
ment. If a responsible party can be identified, that
party should be liable for clean-up costs and
personal injury damages as defined in law. If a
responsible party cannot be identified, then the
clean-up should be financed by the state super -
fund.
6. Condemnation Awards. The League supports
legislation ensuring that condemnation awards to
compensate for a taking of polluted land are
adjusted to accurately reflect the fair market value
of the land in its polluted condition rather than its
fair market value after pollutants are removed by
the acquiring authority.
LUEET-4. Transportation (B)
The League supports jurisdictional reassignment
of roads based on functional classification but
opposes any program for turnbacks that does not
provide a corresponding source or mechanism of
funding these roads.
An efficient transportation system is a vital
element in planning for the fiscal, economic, and
social development at state, regional, and local
levels. Since the agricultural and recreational
economy of the state and its cities are dependent
upon highway transportation, it is necessary to
determine the long-range highway needs to assure
the vitality of the state's economy.
Furthermore, environmental concerns and the
need to conserve energy require that alternate
modes of transportation be utilized in meeting the
diverse needs which exist in various communities
and regions of the state. In order to provide
a more adequate state governmental structure and
funding mechanism for transportation system
planning and development, the League recom-
mends that the following changes be made:
1. Turnbacks. The State Highway Study Com-
mission has been studying the possibility of reclas-
sifying many roadways in the state as to appro-
priate use classifications and jurisdiction. The
increased cost for cities to assume responsibility
for general maintenance and life cycle treatment
far exceeds the current financial capacities of
cities. For this reason, no wholesale program of
highway turnbacks should be instituted at this
time.
Instead, existing mechanisms for the orderly
turnback of roads should be fine tuned, including
increasing the level of funding in the municipal
turnback account, and prohibiting unilateral
revocations or turnbacks by road authorities unless
a hearing is held and the road is brought up to its
normal maintenance standards before the revoca-
tion is effective.
Other changes needed to facilitate turnbacks
include:
a) State aid rules should be changed to allow
counties to upgrade county state aid highways
using c.s.a.h. funds prior to turnback with city
concurrence and without penalty as currently
imposed by the rules, and;
b) The League supports use of a portion of the
highway motor vehicle excise tax to provide an
adequate source for turnback funds, and;
c) The League supports allowing cities to deter-
mine if a turnback road will be designated as a
state -aid road or local street and if the city chooses
to designate the road as a state -aid road this
designation should not affect the standard designa-
tion process so that developing cities will be able to
continue to designate a percentage of new road
growth as part of the state -aid system.
2. An adequate level of highway user funds
should be maintained so that highway maintenance
and reconstruction may be continued, and ade-
quate funds be available for the state -aid street
program.
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3. The League supports the continued dedica-
tion of the sales tax on motor vehicle sales for
transportation purposes, and advocates the prompt
transfer of the motor vehicle excise tax into the
highway user and transit assistance fund.
The Legislature has recently taken appropriate
steps in this direction by increasing license fees and
the gasoline tax to maintain this fund. Ellorts
should be made to eliminate any inequities in the
motor vehicle license fee schedules and other
vehicle taxes.
The League supports legislative efforts to
establish a system of direct appropriations to cities
under 5,000 out of the 29 percent county share of
the highway user funds at least to the extent
that townships receive direct appropriations, as
well as mandatory state guidelines concerning
county use of these funds to ensure that all com-
munities within a county receive an equitable share
of these funds. Further, the state should establish
minimum county funding participation require-
ments for projects.
4. The special state bonding program should be
continued to provide funds for counties, towns,
and cities for the replacement or repair of bridges.
5. Mass transit funding should remain a priority
for the state. Funding for the existing level of
operation for mass transit should be maintained at
a fixed share formula for local governments.
6. The Legislature should continue the Minne-
sota Department of Transportation as the ride -
share program coordinating agency and to provide
adequate funding for its continuation.
7. The possibility and feasibility of utilizing
existing railroad trackage as part of a fixed guide-
way and/or light rail mass transit system should be
addressed. If existing railroad trackage/rights-
of-way are petitioned for abandonment, these or
portions thereof should be preserved by appro-
priate government agencies through alternate
public use until rail systems once again become
economically feasible or needed because of energy
considerations.
8. The Legislature should restore the bikeway
grants program in order to promote safety in a
growing recreational activity.
9. The League opposes legislation allowing truck
tractor and trailer combinations of up to 110 feet
on Minnesota highways due to the public entity
and infrastructure cost problems caused by these
trucks, such as off tracking of rear wheels, ac-
celeration distance needs, and time and distance
required for passing.
--�— — LA
LUEET-5. Ground and Surface
Water Management (B)
The League supports 1985 legislation establish-
ing a framework and providing incentives for local
governments to adopt programs or plans aimed at
conserving Minnesota's ground and surface waters
and recommends that the Legislature not sub-
stantively amend these statutes in the 1987 session.
In order to safeguard the public health and the
environment it is necessary to plan and manage our
water resources as a valuable state resource. Many
watershed districts, counties, cities, and towns
have done a good job of dealing with surface and
groundwater management issues and have the
authority and ability to continue to do so in a
cost-effective manner. These existing mechanisms
should continue to be used to the greatest extent
possible to address surface and groundwater
management problems instead of establishing a
new system or creating new organizations.
Local units of government should retain the
basic responsibility for surface water management
as they are the level of government closest to the
problem. In 1982, legislation required local govern-
ments in the metropolitan area to adopt surface
water run-off controls and regulations; 1985
legislation encourages similar steps to be taken in
the non -metropolitan area of the state. These
statutes should be given sufficient time to work
before additional programs or extensive changes to
existing programs are enacted by the Legislature.
The possibility of intergovernmental conflict
should be studied and dispute resolution mech-
anisms should be reevaluated.
The Legislature should provide funds to further
encourage counties to undertake water planning
activities, and these state funds should be made
available to cities that are required to make sub-
stantial amendments to local plans and controls, or
that are employed to assist the county in prepara-
tion of the comprehensive water plan. Special
levies should also be made available to fund water
management projects.
LUEET-6. Regulation of Pesticides
and Other Chemicals (B)
The League supports legislation requiring local
consent prior to state licensing of agricultural
chemical storage and distribution centers and
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enabling local units of government to regulate the
intra -city transportation, storage, and application
of pesticides and other chemicals.
Under current law, the Department of Agricul-
ture is required to regulate the use and storage of
agricultural chemicals pre-empting any local
regulation in this area. This pre-emption of local
control has caused the granting of licenses by the
state for operations which are a threat to the
public health and safety of local communities.
Therefore, the Department of Agriculture
should be required to obtain local consent prior to
the licensing of any agricultural chemical storage or
distribution center. Also, if the local government
unit decides to regulate agricultural chemicals,
state regulation should supplement, not pre-empt
such regulation.
The League encourages tighter regulation of
agricultural chemical run-off from aerial spraying
and ground application that may affect water
quality, as well as research into the long-term
effects of the use of agricultural chemicals on the
general population.
LUEET-7. Eminent Domain Law (C)
The League recommends that the Legislature
undertake a thorough study of the eminent domain
statutes.
The League believes the entire eminent domain
process should be critically reviewed and stream-
lined. This examination should include a re-
evaluation of the advisability of an alternative
system of review of condemnation awards, for
example a professional referee, a hearing examiner,
etc. rather than a court; using a professional referee
in lieu of three commissioners to establish the
value of the land; the public purposes for which
the law may be used, including its use to encourage
economic development; the difficulty posed by the
existence of pollution on the condemned property;
and the legality and feasibility of collecting past
property taxes on property in instances where the
award is substantially in excess of the market value
of the property for tax purposes.
LUEET-8. Energy Conservation
and Production (C)
The League supports legislation providing
incentives for energy conservation and production
in both the public and private sectors.
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Overall energy conservation strategics involving
the public, private, commercial, and industrial
sectors are being developed by cities based on the
rationale that conservation efforts achieve the
greatest energy savings at the lowest cost.
The League believes that a city's individual
energy conservation strategy can be accomplished
if the Legislature permits or establishes some of the
following measures:
1. Retrofit of Local Government Buildings.
Local governments and school districts operate
nearly 8,000 buildings in Minnesota. Possible
energy savings in this sector range from 16 to 67
percent of current energy consumption by imple-
menting operation maintenance changes and
capital improvements programs.
The League recommends support of the use of
special levies to local governments for implementa-
tion of energy conservation measures, including
building energy audits. This special levy could be
designed to complement 1983 legislation authoriz-
ing 10 -year installment payment contracts for
capital equipment or services intended to improve
the energy efficiency of municipally owned build-
ings. It would also supplement the existing special-
purpose capital expenditure levy law available now
only to school districts.
2. District Heating. To promote statewide
applications of district heating technology and to
allow communities to make most efficient use of
the State District Heating Bond Program, the
League recommends the following:
a) The Legislature should provide additional
funds or the ability to special levy for conducting
district heating feasibility studies at the com-
munity level.
b) The Legislature should strongly encourage
consideration of district heating potential in the
power plant siting process.
c) The Legislature should continue to allow use
of the State District Heating Bond Program for
renovation of existing district heating systems.
d) Repayment of state bond issues would follow
repayment of local obligations.
3. Low and Moderate Income Energy Assist-
ance. Rising energy costs will continue to
place a burden on the economic vitality of
communities in Minnesota. The League recom-
mends:
y
a) continuation of the fuel assistance program
for low-income households, with expanded services
to train recipients in energy conservation practices
and with a requirement of recipient participation
in weatherization programs it the recipient is the
owner;
b) support for weatherization programs operated
through cities, counties, and CAP agencies, and;
c) continued support for the Minnesota Housing
and Finance Agency's loan and grant program for
home weatherization.
4. Conservation and Renewable Energy Financ-
ing. Declining federal support for implementing
conservation and renewable resource projects will
place a significant burden on local government
attempts to maintain vital services to their resi-
dents and promote community development.
The League recommends that cities be allowed
to bond and to make a special levy for energy
conservation and renewable resource projects. The
Legislature should also continue to encourage
private sector conservation through tax credits and
other incentives and should explore the possibility
of expanding incentives for earth -sheltered, super -
insulated, and underground development.
5. Local Regulatory Authority. Local govern-
ments are in the best position to assess local needs
and regulate energy consumption within their
communities. The League recommends giving any
municipality the option to adopt and enforce an
energy code that may be more stringent than the
state building code for purposes of energy con-
servation.
PERSONNEL AND PUBLIC SAFETY
PPS -1. Veterans' Preference (A)
1. The League recommends that the Legislature
amend the Veterans' Preference Act to provide
that a veteran must select one and only one hearing
procedure rather than be able to request both a
veterans' preference hearing and a grievance
procedure under a collective bargaining agreement.
Current statutes entitle a veteran to at least two
different hearing procedures to challenge any
disciplinary action. This is not only grossly inef-
ficient but may also be unworkable since the
standards for court review of the decisions of
T LA
veterans' preference boards and grievance arbitra-
tors vary significantly.
The Minnesota Supreme Court in a recent
decision also has indicated to the Legisl'iture that
these statutes need to be amended. The law should
provide for a selection of a single hearing proce-
dure and eliminate any requirement for salary
payment pending the hearing when the- veteran
does not request a hearing within 10 days or when
an impartial hearing body determines that the
dismissal was for just cause.
2. The League supports legislation providing
specific time lines to be followed by employers and
employees in the veterans' preference discipline or
dismissal process, so that an employee must
provide notice of their intent to appeal within 14
days and the hearing process would be required to
be completed no later than 90 days following a
proposed disciplinary or dismissal action.
Currently an employee has 60 days from the
date of the employer's notice of discipline or
dismissal to request a hearing and if a hearing is
requested, there are no time lines for holding
hearings or rendering decisions.
Under this current system, a termination deter-
mination can, and has, taken more than a year,
during which the employee receives full pay and
benefits. The result is extremely costly to cities,
particularly small cities, which often must hire
replacement workers for this period. The League's
proposal to provide a more expedited process
would not infringe on the employee's right to a
hearing, but would ensure a more efficient and
cost-effective procedure.
PPS -2. Minnesota Public Employment
Labor Relations Act (PELRA) (A)
1. The League recommends that legislation be
enacted that gives public employers the option of
either requesting arbitration within a specific time
or allowing essential employees to legally strike.
Cities in Minnesota are very diverse in their
public employment practices. Their ability to deal
with employee strikes also varies greatly. The
history of bargaining in the public sector has
indicated that if properly prepared for, even strikes
by "essential employees" may not unduly threaten
public health and safety. In contrast, the prohibi-
tion of the right to strike has forced undue reliance
E1612
on arbitration, which usually has resulted in large
compensation awards to essential employees.
For these reasons, the League recommends that
legislation be enacted that gives public employers
the option of either requesting arbitration within a
specific time or allowing essential employees to
legally strike.
2. The League recommends that the Legislature
reinstate the previous definition of employees
covered by PELRA to persons employed for more
than 100 days.
The 1983 Legislature reduced the period of time
part-time employees must be employed before
they are considered employees covered by PELRA.
This has resulted in higher wages for some part-
time employees but, more significantly, has re-
sulted in cities hiring fewer part-time employees.
Additionally, many employees who view their
work as temporary or transitory in nature, have
been asked to pay their fair share of union dues,
even though they receive no benefit from union
membership.
Experience with the law over the last two years
has indicated general dissatisfaction with the law
by every affected party except unions representing
primarily full-time employees.
3. The League opposes any changes in PELRA
which would permit public employees to refuse to
cross the picket lines of other city employees, or
would change the definition of supervisory or
confidential employees.
Supervisors of public employees should have
their management role acknowledged and continue
to have their status limited to meet and confer. In
no event should supervisory or confidential em-
ployees be represented by an employee organiza-
tion which represents the employees they super-
vise. Further limitation of the definition of super-
visory personnel would mean that in all but city
manager cities, no employees could be considered
to be supervisory employees for purposes of
PELRA.
4. The League recommends that legislation be
passed requiring employees covered under a
collective bargaining agreement to choose a single
method by which to review disciplinary action.
Employees presently have a variety of grievance
procedures available to them, including civil service
systems, veterans' preference, and procedures
agreed to under collective bargaining. It makes
little sense for an employee to have two separate
hearings in challenging disciplinary action, parti-
cularly when the standards for review of the
different grievance hearings are as varied as they
are. The result under the current statutory system
literally precludes effective discipline of public
employees. Requests for reform have been made
from many sources, most recently by the
Minnesota Supreme Court.
PPS -3. Public Employees Retirement
Association (PERA) -- Benefits, Financing,
and Administration (B)
The following principles should govern any
changes the Legislature makes in Public Employees
Retirement Association (PERA) and the other
statewide pension plans.
1. The League of Minnesota Cities opposes
modification of the "high five" formula. The
adoption in 1973 of the "high five year" benefit
formula for PERA has provided very adequate
pension benefits for career municipal employees.
Further shortening of the averaging period would
create windfalls for some PERA members and
multiply opportunities for manipulation of service
and salaries to maximize pension benefits without
proportional contributions to the fund.
2. Any increases in PERA benefits should be
granted only to the extent that proposed contribu-
tions and current reserves are sufficient to fully
fund the increases in the opinion of one or more
recognized pension actuaries who are independent
of the PERA organization. Any benefit increase or
contribution reductions permitted by excess
reserves or excessive current contributions or
combinations of the two should be of such a-
mounts as to benefit the employer and employee
equally as a percentage of overall employee salary.
3. PERA should not be authorized to create any
additional health care plans for retired employees.
However, direct transfer of premiums from PERA
to the Minnesota Comprehensive Health Associa-
tion should be authorized at the request of any
PERA member from the member's own account.
The present PERA retirement system in effect
provides a cafeteria plan approach to retirement
benefits. Those who need a spousal retirement
annuity or life insurance coverage can purchase
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these benefits from PERA accepting actuarially
reduced primary retirement benefits. Retirees who
are not eligible to remain in the group health
insurance plan of the local unit from which they
are retiring, can always use their retirement funds
to the extent they are adequate to buy health
coverage through the Minnesota Comprehensive
Health Association for persons that are 65 years of
age and less. Persons 65 and over without auto-
matic medicare coverage can buy that coverage at
reasonable cost.
4. If any increase in benefits is enacted for
pre -1973 retirees, the resulting costs should not be
paid from the PERA fund, but rather should be
financed by a direct appropriation from the state
general fund.
5. The LMC supports the continuation of the
Minnesota post-retirement investment fund as a
means of providing post-retirement increases in the
pension benefits of retirees under the statewide
pension funds.
6. No money or funding should be transferred
directly or indirectly from PERA to less well
funded plans. Since integration of pension fund
administration mechanisms may lead to combining
the funds, the LMC opposes any move to combine
administration of the three statewide pension
programs.
7. The Legislature should amend the present
provision on disbursement of the two percent tax
provision on automobile casualty insurance to
allow expenditures by the recipient political
subdivision of any excess over the employer's share
of police retirement costs for any police depart-
ment purpose instead of requiring payment to the
PERA police and fire fund.
Since the PERA police and fire fund has now
essentially achieved full funding, employers' and
employees' contributions should be reduced to an
amount sufficient to pay normal costs. Further-
more, the employer (taxpayers) through payment
of more than 50 percent of contributions to
this fund is creating a surplus not needed for
pension purposes.
8. Individual local police and fire relief associa-
tions, with city consent, should be allowed to
merge into the PERA police and fire funds only if
all active members are brought under the PERA
benefit structure and if:
a) savings will accrue o the city in the opinion
of the state actuary as well as in the opinion of the
affected municipality; and
b) all actual funding liabilities as calculated by a
state actuary which arc transferred to or assumed
by the post-retirement fund are immediately
reimbursed to the fund by the transferring city;
and
c) all actual funding liabilities as calculated by a
state actuary which are transferred to the PERA
active fund shall be reimbursed to PERA at either
the percentage that the PERA police and fire
active member fund is funded in the year of
consolidation or the percentage that fund was
funded on the date of the Moorhead local fund
consolidation, whichever is greater; and
d) transferring employees shall draw benefits at
the PERA level based upon the salary level upon
which pension contributions were made.
9. A new defined contribution pension plan for
municipal first responders and municipal ambul-
ance volunteers who do not receive credit for their
ambulance efforts under any other pension pro-
gram should be created by legislation. This fund
should be administered by PERA or another
administrator on a statewide basis but with full
power of the respective local governmental units to
chose whether to participate, the level of contribu-
tion each year, the source of funding, and the
minimum service period to vest benefits.
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10. The League opposes any change in the
PERA Rule of 90 or the current early-retirement
reduction factor. PERA is the only statewide
pension fund with members eligible for the Rule of
90 and with a one-fourth percent pension reduc-
tion per month under age 65 early-retirement
reduction factor. Members have provided sub-
stantial service in reliance on these beneficial and
purportedly permanent fund features.
11. If the federal government should require all
newly hired police and fire personnel to participate
in Social Security, current PERA contributions
rates and benefits should be halved for affected
new hires.
12. The League does not oppose an extension of
the "Rule of 85" window to June 15, 1987 to
allow teachers to finish their school year. If any
extension is granted, all public employees should
be treated similarly. Any extension beyond June
15, 1987, should be preceded by an audit of
the program to determine the costs and benefits.
13. The PERA and workers' compensation
laws should be returned to their pre -1984 status
and PERA disability payments should be an offset
from required workers' compensation payments to
disabled employees.
PERA finds it burdensome or impossible to
effectively offset workers' compensation disability
benefits from PERA disability payments. Proposals
to allow receipt and retention of both may provide
greater income to disabled workers than to those
continuing to work and this may increase malinger-
ing.
PPS -4. Local Government Pay Equity Act (B)
The League supports legislation requiring
arbitrators to consider and comment on the results
of the employer's pay equity study, and other
legislation ensuring the ability of cities to maintain
the equitable compensation relationships required
to be implemented by the local government pay
equity act.
The 1984 Legislature required all local units of
government to conduct job evaluation studies and
to implement those studies in order to remedy
sex -based differentials in compensation. Cities have
expended a great deal of staff time and money in
undertaking the studies and seeking to implement
those studies by the 1987 statutory deadline.
The primary issue now facing cities, aside from
funding the implementation, is ensuring the
implemented studies can be maintained. In negotia-
tions and settlements with most employees, the
governing body is ultimately responsible for the
compensation provided employees. If the govern-
ing body, through a settlement with a particular
employee class, creates inequity as defined by the
statute, it will be responsible for that inequity and
ultimately will have to increase or freeze compen-
sation until equity is once again achieved.
This is not the case with essential employees
organized under the Public Employment Labor
Relations Act. These employees, to the extent that
agreement with the local government can not be
attained, have their compensation established
through mandatory binding arbitration. The end
result of the interplay between these statutes could
be that the overall level of compensation for
all employees, not just essential employees, will be
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set not I)y the local elected officials required to
raise the revenues to pay for employees' compensa-
tion, but rather by arbitrators.
The League strongly opposes any legislation
which has the effect of promoting this result,
strongly opposes legislation which excludes police,
fire, and other essential employees from the pay
equity act, and supports legislation which ensures
that the local officials charged with setting pro-
perty tax levels also set local government employee
compensation levels.
PPS -5. Military Leaves (B)
The League recommends that the statutes be
amended to provide that when an employee is
temporarily absent because of short-term military
service that the employer pay only the difference
between military pay and the public pay, rather
than the full public salary.
Under current law (M.S. 192.26 and 192.261) a
city employee, as well as other public employees, is
entitled to leave with full pay and accrual of
seniority status and other benefits for all the time
that employee is engaged in short-term (15 days or
less) military service and at this same time receives
full military pay. Cities, particularly those which
must hire part-time replacement employees when
others take military leave, suffer a significant
financial hardship not shared by private sector
employers who are not required to provide short-
term paid military leaves.
Public employees should only be required to pay
the difference between the employees military pay
and their regular wage for this 15 day period. Any
longer leave period should be without pay and the
accrual of seniority and other benefits should be
suspended for military leaves beyond 30 days.
Current law which provides for mandatory leaves
and reinstatement after wars, declared emergencies,
active duty training, and duty training should be
changed to provide for mandatory leaves and
reinstatement only after wars and declared emer-
gencies. Employees should not be entitled to leave
and be reinstated for active or inactive training
duty.
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PPS -6. Time and Distance
Residency Requirements (B)
The League supports legislation allowing cities in
the metropolitan area to enact reasonable area and
response time restrictions if there is ademonstrated
job necessity for certain employees to reside close
to the city.
In recent years the Legislature has limited the
authority of cities and other local units of govern-
ment to impose residency requirements for their
employees. The Legislature has recognized, how-
ever, the need for insuring the ability of certain
employees to be available to respond to emergency
situations.
In 1984, in the same bill which prohibited
non -metropolitan cities from enacting blanket
residency requirements, the Legislature specifically
allowed non -metropolitan cities to enact reason-
able area and response time restrictions if there
were demonstrated job necessities for employees to
reside close to the city. Unfortunately, a drafting
error prohibited metropolitan cities from enacting
these restrictions. In 1985, the Legislature acted to
allow metropolitan communities to impose reason-
able time and distance requirements for volunteer
firefighters.
The result of the 1984 and 1985 legislative
actions is a situation where metropolitan com-
munities still cannot impose reasonable time and
distance requirements for their- police officers,
paid firefighters, or any employee with the excep-
tion of volunteer firefighters.
The League recommends that the Legislature
grant metropolitan cities the same authority
granted non -metropolitan cities to impose reason-
able time and distance requirements where the city
can show a demonstrated job-related necessity.
Because these requirements must pass this difficult
test and directly affect the public safety of the
community, these requirements should under no
circumstances be considered as mandatory subjects
of collective bargaining.
PPS -7. Unemployment Compensation (B)
The League recommends that the Legislature
amend the unemployment compensation law to
lengthen the requalification period, to limit eligi-
bility for temporary employment under one year
in duration, and to relieve part-time employers
who continue employment of an individual from
any responsibility to contribute to compensation
due to termination from other employment.
The requalification period for employees who
voluntarily quit or are dismissed for cause is too
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low and should be substantially increased. In
addition, the League believes that individuals who
knowingly accept temporary employment of
specific limited durations not exceeding one year
and whuse employment is thus ended, should be
deemed to have voluntarily ended their employ-
ment and thus should be disqualified for certain
benefits.
The employers involved should not be saddled
with unemployment compensation costs for
individuals who accept and perhaps even plan for
the termination of such employment. Also, stu-
dents temporarily employed as interns should be
ineligible for unemployment compensation since
the position is primarily an educational experience
which by its very nature is not expected to be of
indefinite duration.
Finally, the current law unfairly treats cities
employing part-time police, fire, or park personnel
which are required to contribute to unemployment
compensation due to termination from other
employment even though the part-time employ-
ment is continued.
PPS -8. One Class of Beer (B)
The League opposes the establishment of one
class of beer and the off -sale of wine in other than
liquor stores.
The establishment of one class of beer in
Minnesota would cause substantial problems in
controlling the sale of beer in filling stations,
grocery stores, drug stores, and elsewhere where
3.2 beer is presently sold. Also, 3.2 on -sale estab-
lishments would be selling strong beer in competi-
tion with on -sale liquor establishments and muni-
cipal liquor stores.
PPS -9. Firefighter Certification (B)
The League opposes any state imposed volun-
tary or mandatory firefighter certification pro-
grams but supports the availability of technical and
financial assistance from the state for local or
regional training programs.
Recent proposals to establish a state professional
qualifications board charged with certifying both
voluntary and full-time firefighters are unnecessary
to assure proper training of local firefighters and
could too easily be changed into mandatory
certifications programs.
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The League supports efforts by the state to
make training programs more readily available for
local firefighters as well as financial assistance by
the state to encourage local governments to pro-
vide additional training for firefighters.
PPS -10. Workers' Compensation (C)
The League supports the elimination of the
presumption that heart and lung ailments of police
and fire personnel arise from their employment, if
the employee has been an active smoker within
the two years prior to the onset of the heart or
lung ailment.
Existing workers' compensation statutes create a
presumption that heart and lung ailments of police
and fire personnel arise from employment. How-
ever, personal risk factors, such as smoking, can be
more significant in some cases than job-related
factors. For this reason, the League supports
limiting the presumption to cases where the
employee can demonstrate limited personal risk
factors.
PPS -11. Modifications to the State Building Code (C)
The League supports the current ability of
non -metropolitan cities, counties, and towns to
opt -out of the inspection and enforcement respon-
sibilities mandated by the State Building Code.
PPS -12. Social Investing (C)
Without each employee's consent to other
priorities, public employee pension funds should
be invested solely for the purpose of maximizing
investment return.
Investment management responsibility for pub-
lic employee pension reserves should be removed
from the state Board of Investment and lodged in a
politically independent board the membership of
which is limited to persons qualified to manage
investment portfolios for large pension programs.
PPS -13. Emergency Medical Services (C)
The League supports the current statutory
minimum requirements for ambulance vehicles,
equipment, and attendants' training but opposes
any additional requirements unless the state
provides adequate funding or funding sources.
Cities as a group are the single largest provider of
ambulance services in the state and form a vital
part of the network of emergency services. To
maintain and improve the emergency services
network for all residents of the state the Legisla-
ture must provide funding for training and equip-
ping emergency medical personnel. State grants
and aids should be available to enable all cities to
have access to adequate emergency medical ser-
vices. Additionally, with the increasing ingest in
paramedic services, the Legislature should assist in
providing easily accessible training on a statewide
basis at minimum cost in order to meet appropriate
qualifications.
PPS -14. Ambulance Drivers --
Training for Driver (C)
Legislation passed in 1986 authorizes a less than
fully -trained ambulance attendant to serve as a
driver of an ambulance as long as there are two
fully qualified attendants and the ambulance is
not driven at speeds exceeding the speed limit, and
lights and siren are not used. The latter two provi-
sions are inappropriate and should be repealed. The
League continues to support driver training re-
quirements for ambulance drivers.
REVENUE SOURCES
RS -1. Municipal Bonds (A)
The League commends the Legislature for
repealing interest rate limitations on bonds issued
between April 1, 1986 and July 1, 1987. The
League, however, continues to recommend per-
manent repeal of such limits to enable cities to
effectively participate in a changing bond market.
The traditional way of financing most local
public improvements and facilities has been, and
will likely continue to be, through the issuance of
bonds. But the public bond market is undergoing
dramatic change. Changes in federal tax law will
not only restrict local authorities in their ability to
issue some bonds, but for the first time will subject
the interest earned on certain municipal bonds to
an alternative minimum tax. As a result interest
rates may have to be higher in order for the public
sector to compete with private investments in the
taxable bond market. Indeed, the imposition of
interest rate limitations in this context could
prevent bond sales.
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It is the League's contention that artificial
ceilings on bond interest rates do not effectively
hold down interest rates and may, in fact, add
somewhat to the costs of bond issuance by the
creation of additional legal and procedural require-
ments.
Interest rates in the bond market fluctuate in
response to a combination of economic forces.
Local officials must operate within the realities of
such a market. Whether or not there is a statutory
ceiling, local officials have every incentive to keep
issuance costs as low as possible. Therefore, the
League recommends that the interest limit be
permanently repealed to enable local officials to
effectively respond to whatever bond market
changes occur as the result of market forces or
federal action.
RS -2. Special Assessment Financing (A)
The League supports legislation increasing the
rate assessments may bear when financed out of
the general fund as well as legislation making it
easier to assess the state for the costs of improve-
ments.
Special assessments financed by bonds
In 1982, the Legislature changed the law govern-
ing the statutory interest ceiling for municipal
bonds. The revised law, which provides for a
floating monthly maximum interest rate, creates a
problem affecting the interest rate which a munici-
pality may charge on special assessments. The
interest rate which may be charged is determined
according to the maximum rate allowed to be paid
on municipal bonds "for the month in which the
resolution authorizing the special assessment is
adopted." If a city sells the assessment bonds in a
later month, the interest rate payable on the bonds
may be greater than that allowed to be charged
for the special assessment. The city is left having to
absorb extra costs.
The League recommends that the law be
changed to ensure that a city may charge an
interest rate on special assessments at least one
percentage point higher than the rate payable on
the bonds which finance the assessment.
Special assessments financed internally by a city
Currently, M.S. 429.061, subd. 2 limits the rate
of interest on assessments financed out of the
general fund to eight percent. Efforts by the 1986
Legislature to change this law have resulted in
!PAM
confusion. Benefitted property should not receive
a windfall from the general fund nor should it
subsidize the general fund through its assessments.
For these reasons, the League supports legislation
authorizing general -fund -financed improvements to
be assessed with an interest rate at least one
percent greater than the maximum interest rate
allowable on local obligations as determined
monthly by the finance commissioner.
Special assessments against state property
Current law, M.S. 435.19, provides for the
collection of assessments against other govern-
mental jurisdictions. The law basically allows the
governmental unit which owns the property to
determine the amount to be paid, as well as when
it will be paid. This is impractical since it results in
interim financing by the local unit of government;
the governmentally owned property should be
assessed similarly to privately owned property and
any law authorizing the state or other govern-
mental units to refuse to pay the assessed amount,
or determine the time and amount of the payment,
should be repealed.
RS -3. Property Tax Reform (A)
In enacting any major reforms of the Minnesota
property tax system, including the complementary
system of aids to local government, the League
recommends the Legislature pursue policies which
meet the following conditions:
1. The impact of the proposal should be
thoroughly analyzed, not only for its impact
statewide, but also for its effect on individual
communities.
2. Major shifts that increase disparities in tax
burdens among taxing jurisdictions should not
occur.
3. All significant changes should be phased in so
that cities can adequately plan for any needed
adjustments.
4. Local government aid, or an equivalent
program of sharing state revenue for the purpose of
equalizing local property tax burdens, should
remain an essential component of the property tax
system. (See RS -5. Local Government Aid.)
5. Property tax reform should not jeopardize
existing development districts whose establishment
and financing were based on continuation of the
rurrent tax structure. Any tax reform needs to
recognize existing tax increment finance districts
and their cash flow and obligations. Impact on
enterprise zones must also be addressed.
6. Simplification and accountability are desir-
able goals that should be addressed within the
above tenets.
The League has formed a technical committee to
review and respond to the details of major pro-
perty tax reform proposals as they are proposed.
Many significant changes in the property tax
system are currently being considered. The League
believes it is critical that any proposal be evaluated
on the basis of its impact on individual com-
munities. A proposal that may appear balanced on
a statewide basis can have very disparate effects on
individual cities.
The difference in property tax burdens among
taxpayers living in neighboring tax jurisdictions
which provide similar services must also be kept
within reasonable limits. Any significant tax
burden disparities would adversely affect cities'
abilities to compete on a fair basis for residents and
economic development.
Tax increment districts are dependent on the
mill rate and assessment ratios of the current
property tax system. The financial viability of
those projects should not be jeopardized by
state -imposed changes in the tax structure. Like-
wise, enterprise zone businesses have been re-
cruited based on a commitment that they would
receive a preferential classification ratio in the
calculation of their property tax obligations. These
development districts should be protected from
any negative consequences of tax reform. The tax
increment financing plan in effect at the time
legislation is passed should be the basis for deter-
mining remedies.
RS -4. State Administrative Costs (B)
The League opposes deducting state administra-
tive costs from funds appropriated for property tax
relief. All state government costs should be subject
to the standard appropriation process review and
be funded directly by specific state appropriation,
not by a broad deduction from property tax relief
programs.
When state administrative costs are financed
through the local government aid appropriation,
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funds available for property tax relief are reduced.
In 1986 such state costs included $16,000 for the
state demographer's office. In addition, while
decisions on the necessary staffing and funding
levels for state agencies are made by the appropria-
tions committees, tax policy decisions are generally
handled by the tax committees. Coordination
between committees is often difficult in the final
weeks of the legislative session. In a prior year,
such coordination problems resulted in nullifying
the absolute grandfather clause.
In order to promote a cohesive and coordinated
state tax policy and provide for adequate review of
proposed state agency costs, it is recommended
that no state agency's administrative costs be
deducted from property tax relief funds. This will
allow the tax committees to fully determine the
level of property tax relief to be provided and
retain responsibility for such provisions as the
grandfather clause.
RS -5. Local Government Aid (LGA) (B)
The League strongly supports continuation of
the local government aid (LGA) program as an
essential component of the state's property tax
relief system and recommends a six percent annual
increase in the appropriation authorized for 1988
and 1989. Local government aid should not
be sacrificed in any major reform of the state's
property tax structure. Since potential reforms in
the property tax system are likely to require
adjustments in the local government aid formula,
recommendations for specific changes in the
formula must await the details of property tax
reform. The League has formed a technical com-
mittee to review and respond to potential changes
in the LGA formula as they are developed by the
Legislature, Governor, or any other groups.
Local government aid is a major source of
revenue which complements cities' other signifi-
cant revenue source, the property tax. As such,
LGA must be distributed among cities in a way
which alleviates the problems inherent with reli-
ance on the property tax. Cities vary markedly in
their ability to raise money from property taxes.
There are also wide variations among cities in their
citizens' needs for services and the costs of provid-
ing those services. A complementary revenue
source for cities is necessary precisely because a
city's ability to raise revenue from the property tax
does not necessarily coincide with the cost of the
services which that city must provide its citizens.
Therefore, the LGA formula should reflect both
the individual city's need and its local revenue
raising capacity.
RS -6. State Funding to Cities (B)
Cities are critically dependent on state funding.
Homestead credit and local government aid ac-
count for a significant portion of cities' revenues.
The League commends the Legislature for rejecting
last year's proposals for steep cuts in local govern-
ment aid. The Legislature recognized the adverse
effects which cuts in prior years have had on cities
and the difficulties they would face in attempting
to absorb further cuts. In the past, state appropria-
tions for local government aid have not kept pace
with the cost of providing services. Other economic
challenges facing cities include a declining tax base,
cuts in federal support (particularly the elimination
of general revenue sharing), costs growing faster
than the general inflation rate, and the need to
implement additional mandates.
Property tax relief should continue to be a high
priority. Policy makers must recognize that any
cuts in funding for cities will likely result in higher
property tax levels. For nearly two decades, the
state has appropriately assumed a role in reducing
property tax burdens. A longstanding commitment
for such relief has been made to both the public
and municipalities. The state must not renege on
that promise by proposing reductions in local
government aid.
Tax and government financing reforms enacted
during the past two decades have dramatically
shifted the mechanisms for raising revenue away
from local government and toward the state. Local
governments have thus become heavily dependent
on state -collected revenue. With passage of the
1967 Tax Reform and Relief Act, the 1971 Omni-
bus Tax bill (the so-called "Minnesota Miracle"),
and later tax legislation, the state obligated itself to
lower property tax burdens, levy increased sales
and income taxes, and use the increased revenue
from such taxes to assume a larger share of the
costs of delivering local government services.
As a trade-off for providing aid to local govern-
ments the state imposed levy limits on local
governments and prohibited them from imposing
new or increased sales or income taxes. Given such
constraints on the taxing abilities of local govern-
ment and the state's long-standing commitment to
provide property tax relief, the League believes it
would be wholly unfair to reduce state funding for
local governments, particularly at a time when
cities' costs are rising and their tax bases are
shrinking.
RS -7. Elimination of Levy Limits (B)
The League recommends that the Legislature
repeal the levy limit laws in order to enhance local
accountability and allow cities to plan for and
respond to changing financial conditions. Certainly
any proposal to make levy limits even more restric-
tive would severely limit cities' abilities to com-
pensate for potential cuts in state and federal
financial aid.
Cities in Minnesota must comply with multiple
limits on their ability to levy taxes. These limits
make it difficult for many cities to adequately plan
for and respond to changing conditions. Federal
cutbacks, skyrocketing insurance costs, costs of
comparable worth salary adjustments, and other
forces often require cities to re-examine their
budgets. Levy limits prevent some local officials
from using property taxes as a source of revenue to
provide for adequate reserves or absorb increased
costs.
Local elected officials are accountable to the
public and should be entrusted to responsibly use
their taxing authority. Cities exist in a very dyna-
mic, changing environment. They are expected to
quickly respond to changing federal policies, state
mandates, court rulings, and market forces such as
those currently shaking the insurance industry.
Statewide limits artificially constrain the options
available to elected officials and are too inflexible.
All cities are subject to a per capita limit out-
lined in M.S. 275.11. Certain levies are allowed
outside this levy limit, but these special levies
differ from those contained in other limits.
Statutory cities are further constrained by a
millage limit on their general purposes levy found
in M.S. 412.251. Special purpose levies are allowed
outside of this levy limit. Home rule cities may
have levy limits in their charter. Their charter
limits may be affected by M.S. 426.04 if it is less
than 13 1/3 mills. Iron Range home rule cities
in which more than 25 percent of the assessed
value consists of iron ore have special provisions in
the statute.
Policy makers are most familiar with the per-
centage limit in M.S. 275.51. The 1983 Legislature
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exempted cities with fewer than 5,000 residents
from this limitation. This was a positive step,
however, cities of all sizes should be trusted to use
their taxing authority.
Given uncertainties in state and federal financial
aids and the diverse problems and circumstances
faced by cities, uniform limits are impractical.
These limits are inconsistent with the principles of
local self-government and accountability and
should therefore be repealed.
RS -8. Stability of State Revenues (B)
The League urges adoption of fiscal and revenue
policies that will stabilize state revenues and
thereby lead to more predictable funding levels for
local governments. Inevitably, the stability of
revenues flowing to local governments is dependent
on the stability of revenues flowing to the state. In
this regard the League supports establishment of a
permanent budget reserve equal to a minimum of
five percent of total state outlays. As soon as
possible the reserve should be built up to a more
adequate level in excess of five percent of outlays.
The reserve should be built up during years of
economic prosperity and used only to protect the
state budget from unexpected economic down-
turns, not for tax reductions or expenditure
increases. Such a budget reserve is necessary given
the relatively volatile tax bases on which the
state currently relies (particularly the income tax
and sales tax) and the potential for error in revenue
and economic forecasting.
In recent years the uncertainty of the state -local
fiscal relationship has made short- and long-term
financial planning very difficult at the local level.
During the earlier part of this decade, local jurisdic-
tions were left with severe revenue shortfalls and
cash flow problems because of the sharp and
unexpected decline in state revenue), State aids to
local jurisdictions were cut substantially and aid
payments were delayed, often in the middle of the
budget year when compensating action was nearly
impossible.
In addition, cities have been unable to plan their
budgets with any degree of confidence given the
major year-to-year changes that have occurred in
the overall funding level for local government aid,
in the formula used to distribute local government
aid, in levy limit laws, and in state property tax
relief programs. Cities need to be able to rely on
predictable revenue sources that will be adequate
to maintain the level of services required by
their citizens.
Should problems with budget shortfalls persist
even after establishment of a budget reserve, the
Legislature should consider additional policy
options to stabilize state revenues, including:
1-1
* broadening of the sales tax base to include
purchases of some necessities, such as clothing and
personal services. Applying the sales tax to some
necessities could lead to more stable revenues since
demand for such necessities is likely to continue
even during times of economic adversity.
* temporary suspension of indexing of the state
income tax structure or temporary increases in
other taxes (such as the sales tax) in the event of a
sizable budget shortfall.
* refraining from further income or sales tax
reductions unless it is certain that budget shortfalls
will not materialize.
RS -9. Sales Ratio Study (C)
The League commends the Legislature for
directing the Department of Revenue to study
alternative means for determining the sales ratio in
small communities where few sales occur. The
League's technical committee on property tax
reform issues will monitor the progress of this
study and review its findings and recommenda-
tions.
Various state formulas consider property tax
base valuation in distributing aid. Sales ratios are
calculated for each jurisdiction by comparing
actual selling prices of properties to the estimated
market value assigned by the assessor. These sales
ratios are used to equalize assessed values so that
all local governments are treated fairly and not
rewarded or punished based on their assessment
practices.
Sales ratios are thus important determinants of
the level of state aid received by a community.
Yet, in small communities, there are often few
sales in a given class of property to permit an
accurate determination of a sales ratio. In these
cases, a county -wide average is applied. The county
average, however, may be overly influenced by
sales in a larger regional center and thus not
accurately reflect the experience of smaller cities.
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RS -10. License Fees (C)
The Legislature should repeal all maximum fee
provisions relating to off -sale liquor, on -sale wine,
bottle club, and Sunday liquor licenses and allow
cities to decide locally the appropriate fee to
charge for such licenses.
With few exceptions, the statutes granting
authority to issue licenses or permits do not
specify maximum fees. Cities should have the
discretion to set fees based on their own costs,
needs, and standards. Case law provides ample
limitations on cities' power to set license fees by
requiring that revenues produced must be related
to the cost of issuing the license and regulating the
licensed business.
It is inappropriate for the Legislature to set
maximum fees for off -sale liquor, on -sale wine,
bottle club, and Sunday liquor license fees. Cities
have acted responsibly in setting on -sale liquor
license fees. It makes no sense to grant them that
power but deny them the power to set fees for
off -sale liquor, on -sale wine, bottle club, and
Sunday liquor licenses. There is no evidence to
show that lifting the statutory cap would lead to
unjustified fee increases. Some reasonable increases
in off -sale license fees could be expected since the
statutory maximum fee has not been increased in
over 30 years.
RS -11. Equipment Financing (C)
M.S. 412.32 should be amended so that all
Minnesota cities are able to issue "five-year equip-
ment certificates" in an amount not to exceed one
percent of the city's assessed valuation in any given
year. No reverse referendum provision should
apply unless the city wishes to exceed the one
percent limit.
Statutory cities in Minnesota have the power to
issue certification of indebtedness, payable in not
more than five years, to purchase capital equip-
ment (M.S. 412.301). If the amount of the certifi-
cates exceeds one percent of the city's assessed
valuation, a reverse referendum provision applies.
In 1983, the Legislature granted similar financ-
ing powers to Minnesota's home rule charter cities
(M.S. 412.32), without any reverse referendum
provision. However, the total principal amount of
the certificates (or "capital notes") issued in
a fiscal year is limited to no more than one-tenth
of one percent of the city's assessed value that
year. In many cities, this limit is prohibitively low,
and effectively prevents the city from making
use of the authority granted in this statute.
RS -12. Railroad and Telephone Taxation (C)
A new formula should be adopted for the
valuation of railroad operating property for pro-
perty tax purposes. In addition, if the current gross
earnings tax levied on telephone companies is
replaced by a property tax, such taxation should
be consistent with the taxation of commercial/in-
dustrial property and, furthermore, should be
assessed and collected at the local level.
The existing system for taxation of railroad
operating property is not consistent with the
taxation of other commercial and industrial
properties. The present formula values railroad
operating property at about 20 percent of the
value which would be determined by a local
assessor using generally accepted assessing princi-
ples. The League recommends that a new system of
property taxation be established which would tax
both railroads and telephone companies operating
in Minnesota in a manner consistent with the
taxation of the commercial and industrial proper-
ties.
RS -13. Tax -Exempt Property (C)
State, county, school district, city, regional
government, and other owners of tax-exempt
property (except houses of worship) should be
required to reimburse cities for the cost of police,
fire, and street services.
One of the glaring inequities in the Minnesota
tax system involves local services that are provided
free to tax-exempt property owned or used by the
state, counties, school districts, regional govern-
ment bodies, and by certain non-government
organizations. It is widely acknowledged that such
property benefits directly from government
services such as police and fire protection and
street services provided by cities. Since there
is no legal basis for claiming reimbursement for the
costs of such services, they are borne by the local
taxpayers. Furthermore, such property is concen-
trated in certain cities, resulting in a heavy and
disproportionate cost burden upon those cities.
RS -14. Local Option Taxes (C)
The League recommends that cities be given
local option to raise other non-traditional
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revenue source, Io enhance local financial
flexi1)iIiIy.
FEDERAL LEGISLATIVE
FL -1. Federal Tax Policy: Impact on Cities
The Lea€ue supports federal tax measures that
restore greater efficiency and fairness to the federal
income tax system. Cities expect serious difficul-
ties resulting from the federal limits and restric-
tions on the authority of municipalities to issue
traditional public purpose bonds, to provide
affordable housing, and to use of tax-exempt
financing to remove blight and to meet local
economic development needs.
Further, Minnesota cities are concerned about
the repeal of the deductibility of state and local
sales taxes. As the negative effects of these restric-
tions become evident, LN1C urges Congress to
re-examine and remove those provisions that
hamper the ability of cities in Minnesota to raise
revenue, and provide for local needs.
Passage of federal tax reform legislation will
have profound effects on every community
through changes in tax burden for city residents
and businesses, and through the imposition of new
mandates, and limits placed on the authority of
cities to raise revenues.
Ironically, the sweeping restrictions on munici-
pal bond authority will not produce revenues to
the federal treasury that had been anticipated.
Transition rules in the final legislation provide
exemptions for many projects that would other-
wise be ineligible for tax-exempt financing. The
cost of those transition rules actually offsets most
of the new federal revenues anticipated as a result
of bond restrictions.
Yet, the impact of those limits and restrictions
will seriously constrain the authority of cities to
raise needed revenues to maintain infrastructure
and support local economic development priorities.
The repeal of the deductibility of state and local
sales taxes will also increase pressure to turn to the
property tax to fund more public services.
Retroactive changes in cities' authority to issue
tax exempt municipal bonds impose significant
restrictions. Redefinition of public purpose bonds
reduces the amount of use, benefit or security of
the bond by a private entity, from the current 25
percent to 10 percent. Further, any portion of the
bond value over $15 million that benefits a non-
governmental entity must be authorized under a
lowered state per capita volume cap allocation.
Earnings on general obligation and revenue
bonds are now subject to limits on arbitrage that
may be earned and excess arbitrage earnings will
have to be rebated to the federal government. The
fact that small cities are expected to benefit from
exclusions for cities that reasonably expecT-to issue
less than $5 million in bonds per year is not much
help when measured against numerous cost in-
creases for new issuance and reporting require-
ments.
The repeal of bank deductibility and the un-
precedented taxation of municipal bond interest
through the alternative minimum tax will have a
dramatic impact on the marketing of municipal
bonds and are likely to result in increased bond
issuance costs to cities.
It is estimated that the restrictions and imposi-
tion of a lower per capita volume limit on private
purpose bond authority will result in the loss of 84
percent of the bond authority available to cities
and other units of government in Minnesota in
1986. As a result, cities will face long delays in
obtaining approval of bonds for local projects.
Some needed improvements may simply not be
made or when authorized, the projects are likely to
have increased in cost to the city.
Finally, restrictions placed in the bill with
respect to real estate investment make it more
difficult for cities to meet local housing needs.
Such changes are likely to lead to serious problems
for cities as the value and financial stability of both
commercial property and multi -family housing
projects decline. Federal tax reforms also eliminate
major tax incentives for the construction of low -
and moderate -income housing (and do not seek to
compensate for that loss with any increase in
federal housing assistance to cities).
For all these reasons, as well as for other nega-
tive effects of recent federal income tax reforms
that have not yet become apparent, the League of
Minnesota Cities urges Congress to make necessary
changes in the federal income tax provisions to
enable cities to meet local needs.
FL -2. General Revenue Sharing (GRS)
LMC continues to support the concept of direct
federal assistance to local government as an essen-
tial ingredient in our intergovernmental system and
-26-
urges Coogress to reauthorize General Revenue
Sharing at the FFY'86 level of funding.
Recognition of the importance of providing
basic services at the local level must be reflected in
a program of direct federal assistance to cities.
Continued funding is needed along with revised
allocation of GRS payments to provide needed
assistance to cities with most needs and the least
ability to pay for local services. FFY'87 GRS
appropriations are not to be funded through
reductions in other programs to aid cities.
GRS provides the most efficient program of
direct federal assistance to local government, along
with the flexibility that permits cities to use
GRS funds for needs and priorities determined at
the local level.
The purposes for which General Revenue
Sharing was created remain valid: Direct assistance
for general purpose local government to com-
pensate cities for the cost of federal mandates as
well as to aid in the funding of local services in
areas of national interest. GRS also provides
revenues to assist cities in overcoming adverse
effects of federal policies and national economic
conditions. Those purposes have special meaning
for cities where unemployment, and loss of local
tax base and real estate values place an unreason-
able burden on local taxpayers to fund basic public
services.
Reauthorization of GRS as an entitlement
program is needed; making it subject to annual
appropriations aggravates current uncertainty over
the future of the program. If funding is not avail-
able for a multiyear entitlement, it would be
preferable to extend current payments for at least
FFY'87 while preparing a transition to a program
that recognizes differences in local fiscal capacity
and provides a national and intra -state allocation
that directs the most assistance to cities with the
greatest need and the least resources.
FL -3. Targeted Fiscal Assistance
The League of Minnesota Cities supports the
concept of targeted fiscal assistance to cities as
proposed in S. 2037, Targeted Fiscal Assistance
Act of 1986.
The allocation of such federal aid must recog-
nize differences among states and direct funding to
local unitsof government with the most need and
-=-kA
the greatest responsibility for the provision and
delivery of public services. It is clear that a more
precise definition and recognition of the level of
basic local public services and responsibilities must
be incorporated into the method of determining
the distribution of funds among local units of
government.
The value of federal fiscal assistance to local
government also depends on the reliability, of
funding and the ability of the program to resond
to changing local economic and fiscal conditions. It
is imperative that targeted fiscal assistance be
enacted as an entitlement to provide continuing
federal aid to those cities with the greatest need
where local fiscal capacity is low.
The League's support of a more targeted ap-
proach to the distribution of direct federal aid to
cities is consistent with LMC support of General
Revenue Sharing. In the event that Congress fails
to reauthorize GRS, LMC urges support for a
program of targeted federal fiscal assistance to
cities.
FL -4. Federal Deficit Reduction
The League opposes delegation by Congress of
its authority to set federal budget priorities to any
non -elected federal official who cannot be held
accountable for across-the-board reductions re-
quired by the Gramm -Rudman -Hollings Deficit
Reduction Act of 1986.
Congress is the appropriate representative
institution to determine how to reduce the federal
deficit while retaining the federal -local partnership
and programs to meet the needs of cities.
The League strongly urges the President and
Congress to work together to develop a balanced
plan to raise federal revenues and restrain future
expenditures to bring the federal budget into
balance within the next three years.
Minnesota city officials are also concerned about
the use of Highway Trust Funds to balance the
federal budget. Such actions break faith with the
compact with highway users stating that highway
user fees are to be used only for transportation
purposes. They should not be used for deceptive
efforts at deficit reduction. Rather, such funds
must be returned to states in a timely manner with
appropriate levels of spending authoirty in keeping
with the revenues that accrue to the Highway Trust
Fund.
-27-
Action by the U.S. House of Representatives (in
Autust 19,86) to defeat efforts to restore the
autom,Atic triggerin- of budget cuts for cities is
encouraging. Such decreases have already produced
severe reductions in federal aid to cities; restora-
tioi-1 of automatic sequestering could result in the
loss of at Icast 6.7 percent more in federal funds
for cities beginning in October 1986 (as of final
snapshot of federal deficit provided on 10/6/86).
Such reductions would then occur twice within a
single budget year for cities and fail to take into
account the impact on cities or their residents.
When added to the increase in the cost of new
federal mandates; restrictions on cities' authority
to raise revenues under nese tax reform legislation;
and the record losses already incurred as a result
of the sharp decreases in federal funds for cities
since 1981, the triggering of a third round of
automatic Gramm-Rudman budget cutbacks to
cities would produce sharp decreases in every
federal program for cities while protecting 90
percent of total federalexpenditures from such
across-the-board reductions.
Congressional budget reconciliation action taken
to reduce the current federal deficit below the
Gramm-Rudman target for FFY '87, while wel-
comed as a move that forestalls immediate ad-
ditional Gramm-Rudman cuts, does nothing to
resolve current federal deficit reduction policy
which unreasonably targets 100 percent of federal
programs to cities for severe budget reductions
while protecting nearly all other federal expendi-
tures from such across-the-board budget cutbacks.
FL -5. Lo•,\,- and Moderate -Income Housing
The League strongly supports a strengthening of
the federal role in providing housing programs to
aid cities in meeting the needs of low -and moderate -
income residents.
Federal housing policy must include continua-
tion of low- and moderate -income housing sub-
sidies and funding for new construction of afford-
able housing as well as assurance that new federal
low-income housing tax credits will be available to
encourage investment in such housing projects
financed with tax-exempt bonds.
Expiration of federal subsidies for low- and
moderate -income units, in combination with the
withdrawal of federal tax preference items for
investors in those properties, is likely to lead to
substantial rent increases without a change in the
emphasis of federal housing policy. Displacement
of renters who will not be able to afford higher
rents will threaten the availability of decent,
affordable rental housing in many cities.
The analysis of low- and moderate -income
housing needs completed recently by the National
Association of Housing and Redevelopment
Offficials (NAHRO) underlines the need for reform
of federal housing policy to respond to the in-
creased need for affordable housing in cities. It is
estimated, according to NAHRO housing statistics,
that one out of six households will require such
housing subsidies within the next 15 years.
Special emphasis must be placed on provision of
rental assistance to individuals and families as well
as on rehabilitation of single- and multi -family
housing units. No single approach is sufficient to
deal with the wide range of housing needs through-
out the nation. Therefore, it is imperative that a
combination of federal programs and assistance be
supported and that the current decline in the
federal role in such housing assistance be reversed.
The League urges Congress to provide incentives
to owners of private low- and moderate -income
housing units to retain that property for such
tenants rather than to sell or redevelop the site. In
addition, Congress must extend Section 8 rental
subsidies for another 15 -year period to provide
housing for city residents who are not able to
afford unsubsidized rents.
The provision of federal tax reform legislation
placing multi -family housing bonds under the
lowered state volume limits should be reversed.
The use of the new federal low-income housing tax
credit should be allowed for housing rehabilitation
projects and those using federal housing subsidies
and loans. There is also a continuing need for
federal programs to stimulate construction of new
affordable housing, to increase home ownership,
and to rehabilitate public housing as well as to
provide for special as housing needs, such as
shelters for the homeless.
FL -6. Homelessness
The League of Minnesota Cities supports im-
mediate action by all levels of government to
address the needs of the homeless. There is a
paramount need for federal assistance to provide
cities with adequate support and financing for
low-income housing and to respond to the need for
a national response to the problems of homeless-
ness.
Responses are needed in coordination with those
of community-based organizations, churches, busi-
nesses, and private foundations. Along with the
National League of Cities, the League supports
federal efforts in the following areas: emergency
assistance, long-term support, and preventive
measures.
At the federal level, the League supports aid
programs to assist local homeless shelters; con-
tinuation and expansion of the Emergency Food
and Shelter Program; and expansion of demonstra-
tion projects to provide for chronically mentally
and physically disabled persons who are homeless.
Deliberate efforts are also needed at the national
level to identify and make available surplus federal
property and equipment to meet the needs of
emergency shelters.
Over the long-term, the federal government must
promote and insist on the maintenance of the
supply of low-income single and family housing.
Of equal importance is renewed federal support for
rural housing programs to minimize the trend of
homeless migration to urban centers. LMC sup-
ports NLC policy urging review of Section 504 of
the federal Rehabilitation Act to put an end to
discrimination against the mentally disabled.
Finally, extension of SSI eligibility to three
months is needed for homeless people receiving
care in Medicaid facilities, along with improve-
ment of pre-release procedures to assure that such
benefits continue after discharge, as needed.
FL -7. Medicare Deductions for City Employees
The League urges Congress to maintain its
commitment to a transitional period for the
imposition of Medicare coverage on state and local
employees. Proposed action to extend such cover-
age to all public employees in FFY'87, including
election judges, violates understandings that such
requirements would be phased -in over time.
Congress extended the requirement for Medicare
coverage to all newly hired state and local em-
ployees, including city election judges, as of April
1, 1986, as part of the FFY'86 budget reconcillia-
tion process. Expanding mandatory participation
in Medicare for remaining city (and other state and
local) employees amounts to levying a new payroll
tax. When coupled with deep cuts already made in
T- LA
federal funds to cities for FFY'87, such extended
coverage requirements would have an immediate
and serious fiscal impact on cities.
Application of such a comprehensive mandate
has presented cities with unexpected difficulties.
Responsibilities for the conduct of elections, for
example, is likely to become not only more expen-
sive but also more difficult to recruit and retain
elections judges who . will be required to have
Medicare deductions made from their modest level
of payment for an essential local government
function.
Anticipated federal income tax cuts to middle-
income employees would be largely wiped out by
such requirements. The proposal would more than
offset the tax cut anticipated by the four to five
million people not currently participating in
Medicare. It is estimated that the '87 cost nationally
to state and local government will be $395 million,
with an additional $395 million in tax increases
for employees. In Minnesota, based on 1985
payroll figures, projected total city payroll cost
increases would be at least $14 million next year.
FL -8. Mandates
The League supports reimbursement of cities for
additional costs imposed by future federal man-
dates and urges congressional approval of the
Intergovernmental Regulatory Relief Act (S.
2387). The bill would provide payments to states
and cities for any additional direct costs imposed
by federal regulations adopted after enactment of
the legislation.
Mandates have increasingly become a serious
source of conflict between the local and federal
levels of government. As the federal role in domes-
tic programs has declined and assistance to cities
has been reduced, the cost of such federal require-
ments has been more difficult to afford at the local
level. Often such requirements do not reasonably
respond to limited tax base and local needs. In
addition, congressional efforts to reduce the
federal deficit have passed on new costs to local
government including expansion of Medicare
coverage requirements for employees and ac-
celerated payment of social security deductions.
Tax reform provisions will also add to costs
of issuing municipal bonds.
S. 2387 requires both the executive and legisla-
tive branches of the federal government to become
more aware of the costs to local government of
-29-
implementing such regulations. The legislation also
requires the federal government to direct its
attention to ways in which such costs can be
reduced. The concept of regulatory relief is
welcome aid to dealing with the growth in the
number and cost of federal mandates that often
overlook local priorities and fiscal capacity.
FL -9. Stormwater Permits
LMC supports the establishment of national
pollution discharge standards and federal funding
to achieve those levels. Such federal aid is to be
separate from and should not reduce current
federal grants to cities for construction of waste-
water treatment facilities.
Primary focus of national pollution discharge
standards should be on industrial run-off and areas
determined to be causing significant pollution
problems in association with such activity. The
League also recognizes the seriousness of agricul-
tural sources of such pollution and urges that
guidelines be developed to encourage states and
cities to undertake action to restrict discharges that
exceed national or state pollution standards.
The League supports congressional action to
modify proposed EPA regulations to require direct
consultation with state and local officials in the
development of EPA stormwater management
policy for state and local government and the
involvement of local officials in the development
of the state stormwater management plan. Such
guidelines would take into consideration geo-
graphic variables, costs and benefits and seek to
address the most serious pollution discharge
problems.
Elimination of proposed requirements for cities
to obtain permits for every stormwater outfall is
essential in the design of an abatement program
directed at the most serious stormwater manage-
ment problems. Cities must not be forced to
undertake testing and regulation of stormwater
run-off from countless locations. It would be
impossible for the U.S. Environmental Protection
Agency to enforce such permit requirements for all
locations.
FL -10. Superfund
The League of Minnesota Cities supports the
strengthening and improvement of the federal
-7— –LA
hazardous waste clean-up polic•, and urges Con-
gress to reauthorize the program for FFY'87-90.
The League continues to support the need for a
broad-based tax to be imposed on generators,
users, and manufacturers of hazardous materials as
well as on other industrial sources of such materials.
Such revenues are critically needed to accomplish
hazardous waste site clean-up activities. Concern
for needed funding makes it imperative that
reliable and stable sources of revenue be provided
to assure that the EPA -mandated schedule of
clean-up is achieved.
Congressional action to improve the level of
funding and the federal sharing of clean-up costs
for abandoned hazardous waste sites is encouraging
to cities. Extension of the 90 percent federal cost
share for operation and maintenance of clean-up
sites to include treatment and measures required to
restore quality of ground and surface water is a
major improvement over current provisions. The
inclusion of a more realistic timeline of up to 10
years for such activities strengthens the role of the
federal government in restoring the local environ-
ment.
The right of cities to sue for damages to natural
resources and to undertake clean-up activities in
advance of approval of plans by the state pollution
control agency is responsive to cities' concerns for
prompt action and the need to protect local
residents. The authority of cities to seek recovery
of clean-up costs of previously contaminated
property acquired by the city is an essential
protection for innocent third parties.
New provisions that mandate a schedule of
clean-up activities and establishment of funding for
sites operated by the Department of Defense is
important recognition of the responsibility of the
federal government to remove threats to local
residents caused by military production or activi-
ties within the city.
FL -11. State and Local Pipeline Safety Control
WHEREAS, the recent rupture and explosion of
a gasoline pipeline in Mounds View, Minnesota, has
demonstrated the potentially hazardous conditions
of underground pipeline transport of volatile
petroleum products through the residential,
commercial, and industrial areas of the nation's
cities; and
-30-
WHEREAS, there are nearly 2 million milei of
liquid and natural gas pipelines throughout the
nation which receive inadequate federal monitoring
or inspection; and
WHEREAS, current federal law appears to
pre-empt state and local authority to regulate the
operation, monitoring, transport, and safety of
such pipelines; and
WHEREAS, federal legislation has been intro-
duced to establish a community right -to -know
policy with respect to substances transported
through such pipelines and to require the use of
monitoring and valve techniques for both new and
old pipelines to detect leakage and assure auto-
matic shutdown in the case of such incidents.
NOW, THEREFORE, BE IT RESOLVED the
National League of Cities should strongly support
HR 5401 and legislation proposed by Senator
David Durenberger, to amend the Liquid Pipeline
Safety Act of 1979 and the Natural Gas Pipeline
Safety Act of 1968 to require more stringent
testing procedures; increased community notifica-
tion; installation of automatic shut-off valves
on all pipelines; and prohibiting construction of
new pipelines within 150 feet of residential,
hospital, nursing home, school, or correctional
facilities or other permanently inhabited facility.
-31-
MEMORANDUM
league of minnesota cities
December 23, 1986
TO: Mayors, Managers, Clerks
Members, 1987 Conference Planning Committee
LMC Affiliate Organizations
LMC Staff
FROM: Ann Higgins, Federal Liaison/Program Development
SUBJECT: DEVELOPMENT OF PROGRAM OUTLINES, CONTENT REQUIREMENTS,
RESOURCES FOR 187 CONFERENCE PROGRAM PRIORITIES
Conference Theme: Visions for Tomorrow
Below please find a list of program subcommittee members from the
187 LMC Conference Planning Committee who have been assigned to
develop program outlines; define learning objectives; and identify
resources for program topics selected for the June 187 conference.
NOTE: CONFERENCE PLANNING COMMITTEE MEMBERS WHO WERE UNABLE TO ATTEND
THE DECEMBER 18 MEETING - PLEASE SELECT TOPICS FOR WHICH YOU
WILL DEVELOP CONTENT OUTLINES, LEARNING OBJECTIVES, ETC.
PLEASE CALL ME TO INDICATE ON WHICH TOPICS YOU PREFER TO WORK.
Between now and the next meeting of the full committee, subcommittee
members will be examining what city officials need to know about each
of these subject areas. On January 15, the Conference Planning
Committee will meet to review proposed program outlines and suggestions
from each of the subcommittees.
NOTE: NEXT CONFERENCE PLANNING COMMITTEE MEETING IS THURSDAY,
JANUARY 15, AT 9:00 A.M.
If you have experience that relates to one or more of the topics o
can assist us is on a gges ions. If you are
important for the subcommittee to know what questiona
�wered in such a conference program.
Your help is requested to provide suggestions and proposals for
each of these topics. Let us know the information and/or skills that
city officials need to have on these matters. Suggestions of possible
I 82 university avenue east, st. paul, minnesota 551 01 [61 2) 227-5600
faculty, materials, etc. are also welcome. You may contact committee
members listed below or call me.
Program Topic Priorities/Subcommittee Assigned•
Skill Session Track (3 sessions in sequence):
Marketing Your City: 1) Overview; 2) Internal Strategies;
3) External Strategies (Enhancing
Communications with the Public)
Subcommittee:
Jim Salk, Couneilmember, St. Cloud
Wayne Courtney, Mayor, Edina
Duke Addicks, Legislative Liaison, Mpls.
Skill Session Track (2 sessions in sequence):
Organizational Skills: 1) Goalsetting
2) Teambuilding
Subcommittee:
Issue Institutes:
Personnel Track (3
Subcommittee:
Chuck Hazama, Mayor, Rochester
Helene Johnson, GTS
sessions in sequence):
1) Early Warning Signs of Employee Dissatisfaction
2) Improving Staff Morale
3) Getting Employees Back to Work (including issues
re: workers comp claims and abuse of sick leave)
Ken Hartung, Administrative Assistant, Woodbury
Terry Maki, Couneilmember, Chisholm
P_rofessionalizing City Government Track: (3 sessions in sequence)
Optional City Structures, Part I: Elected Clerk, Appointed Clerk;
Administrator; Strong Mayor -
Pros and Cons
Subcommittee:
Part II: Council -Manager
Part III: Evaluating Your City Manager and
Clerk (may divide into 2 progs.)
Karlene Gale, City Clerk, Grand Rapids
Gene White, Couneilmember, Prior Lake (Part III)
Leadership Skills Track: (3 sessions in sequence)
Serving Your Constituents, Parts I,II
Streamlining Council Meetings
Subcommittee:
Barbara Irvine, Councilmember, Hanover
Liz Witt, Councilmember, Mendota Heights
Gene White, Councilmember, Prior Lake
Economic Development Track: (2 sessions in sequence)
1 Economic Development Tools - An Update
Impact of Federal Tax Reform
New EDA Law (Economic Development Authority)
2) What Makes Sense for Your City?
Subcommittee:
Karlene Gale, City Clerk, Grand Rapids (EDA)
Helene Johnson, GTS)
) What Makes Sense for Your
Ann Higgins, LMC ) City?
Networking Time
Especially for Small Cities Track: (8 sessions - 1 hour each)
How Cities Have Solved Practical Problems
1) Finding New Revenue Sources
2) Working with Unions
3) Wastewater Treatment Facility Construction
4) Preventing Special Assessment Appeals & Challenges
5) Improving the Rural Economy
6) Introduction to LMC
7) Coping with Mandates
8) Planning for and Using Cable TV
Subcommittee:
Tom Thelen, LMC Field Representative (1,2,7)
LMCIT Staff (4)
Duke Addicks, Legislative Liaison, Mpls. (4)
Joseph Sauer, Councilmember, Little Falls (4)
LMC Staff (3,6)
Ralph Campbell, Cable TV Administrator, Eagan (8)
Personnel Track: (2 sessions in sequence)
1 Recruiting/Retaining Volunteers
(Commissions, et. al.)
2) Appropriate Personnel Procedures in Public Safety Depts.
Subcommittee:
Duke Addicks, Legislative Liaison, Mpls.
Tom Meulebroeck, Clerk -Treasurer, Marshall
Economic Development Track: (2 sessions in sequence)
1 Economic Development Initiatives: Developing Fledgling Potential
Enterprises
2) Cooperative Ventures/Consolidated Approaches
Subcommittee:
Ann Higgins, LMC Staff (1)
Karlene Gale, City Clerk, Grand Rapids (2)
Timely Topics: (2 sessions)
1 Reducing Your City's Liability Exposure
2) Asset Retention: How to Plan for Repair/Replacement & Maintenance
of Infrastructure
3) Legislative Update
4) Topic to be developed
5) Topic to be developed (within networking time)
Subcommittee:
LMCIT Staff (1)(3) (possibly 4,5)
Public Works Association/outside vendor
CITY OF
P&MOUTR
January 7, 1987
= LDS
Bassett Creek Water Management Commission
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Sir:
At its January 5 meeting the City Council reappointed Fred Moore as Director
and John Sweeney as Alternate Director to the Commission for the year 1987.
A copy of the approving resolution is attached for your information.
Sincerely,
Laurie Brandt
City Clerk
cc: Fred Moore
John Sweeney
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800
CITY Or-
PLYMOUTR
January 7, 1987
Elm Creek Watershed Management Commission
3030 Harbor Lane
Suite 100
Plymouth, MN 55441
Dear Sir:
At its meeting of January 5 the City Council reappointed Fred Moore as
Director and Vern Peterson as Alternate Director to the District for the year
1987.
A copy of the approving resolution is attached for your information.
Sincerely,
J Laurie Brandt
City Clerk
Att.
cc: Fred Moore
Vern Peterson
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800
E <
CITY O�
PLYMOUTH -
January 7, 1987
Independent School District No. 284
Administrative Offices
210 State Highway 101
P. 0. Box 660
Wayzata, MN 55391
Dear Sir:
At its meeting of January 5 the Council reappointed Councilmember Maria
Vasiliou as its representative to the District. Please send any mailings to
her attention at City Center. Thank you.
Sincerely,
Laurie Brandt
City Clerk
Att.
cc: Maria Vasiliou
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
0.�
t
s;
� . CITY O�
PUMOUTR
January 7, 1987
Independent School District No. 281
Administrative Offices
4148 Winnetka Ave. N.
New Hope, MN 55427
Dear Sir:
At its meeting of January 5 the Council reappointed Councilmember Dave Crain
as its representative to the District. Please send any mailings to his
attention at City Center. Thank you.
Sincerely,
Laurie Brandt
City Clerk
Att.
cc: Dave Crain
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
CITY OF
PLYMOu i ff
January 7, 1987
Minnesota Hazardous Waste Management Board
7323 58th Ave.
Crystal, MN
Dear Sir:
At its meeting of January 5 the City Council reappointed Councilmember David
Crain as its representative to the Board for the year 1987.
Please send any mailings to Mr. Crain at the City Center address.
Sincerely,
Laurie Brandt
City Clerk
Att.
cc: Dave Crain
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
CITY OF
PLYMOUTR
January 7, 1987
Hennepin County Park Reserve District
12615 County Road 9
Plymouth, MN 55441
Dear Sir:
At its meeting of January 5 the City Council reappointed Councilmember Bob
Zitur as its representative to the District for the year 1987.
Please send any mailings to Mr. Zitur at the City Center address.
Sincerely,
Laurie Brandt
City Clerk
Att.
cc: Bob Zitur
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
CITY O
PLYMOUTFf
January 7, 1987
Mr. Gary L'Herault
Post Publications
8801 Bass Lake Road
New Hope, MN 55428
Dear Mr. L'Herault:
Congratulations!
At its January 5 meeting the City Council designated the Plymouth Post as its
official newspaper for 1987.
A copy of the approving resolution is attached for your information.
Sincerely,
Laurie Brandt
City Clerk
Att .
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
L-0 O�
f�
i rf
CITY OF
PUMOUTR
January 7, 1987
Dr. Doug Lowin
Park Nicollet Medical Center
3007 Harbor Lane
Plymouth, MN 55446
Dear Dr. Lowin:
Thank you for again agreeing to be considered for the position of City Health
Officer for the City of Plymouth. At its meeting on January 5, the Council
did designate you as such for the year 1987. A copy of the approving
resolution is attached for your information.
Thank you again.
Sincerely,
Laurie Brandt
City Clerk
Att.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
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. l
CITY O�
PLYMOUTR
January 7, 1,
Northwest Hennepin Human Services Council
7323 58th Ave.
Crystal, MN
Dear Sir:
At its meeting of January 5 the City Council reappointed Edie Kargas as its
representative to the Council for the year 1987.
Sincerely,
Laurie Brandt
City Clerk
Att.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
U YJ
January 5, 1987
Mr. Dickman Knutson
President
BLH Development Company
3030 Harbor Lane
Plymouth, MN 55441
Dear Mr. Knutson:
i
CITY O�
PLYMOUTR
I have your letter of January 2, 1987 to City Manager Jim Willis, who is
away from the office until January 20, 1987. It is likely that ,your
application would come before the City Council on February 2, 1987 since
that would be the first Council meeting after the Plannino Commission
meeting of January 14 where business items are considered. The City
Council, for some time, has reserved the last Council meetinq of the month
for study items and other business which generally precludes Planning
Commission matters which are scheduled on other Council meeting agendas.
You are correct that a four-fifths vote of
applications such as this, though the votes
those of Council members who voted to approve
that you check with me the week of January
Council members will be present on February 2.
Thank you for your letter.
Sincerely
�d '4
Frank Boyles
Assistant City Manager
FB:Jm
the Council is required for
do not necessarily have to be
the concept plan. I recommend
26 to ascertain whether all
cc: Greg Frank, McCombs Knutson Associates
Sara McConn, Community Development Coordinator
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
=- U
BLH DEVELOPMENT COMPANY
3030 HARBOR LANE PLYMOUTH, MINN. 55441
TEL. 612-553-0474
a
OAN
January 2, 1987
Mr. James Willis
City Manager
City of Plymouth
Plymouth, MN 55447
Re: Final Plat and Development Contract
Bass Lake Heights 4th Addition
Dear Mr. Willis:
The preliminary plat stage of Bass Lake Heights 4th Addition
is scheduled for Planning Commission action on January 14, 1987.
I would request that both the Preliminary Plat and Final Plat
Development Contract be scheduled if possible for the January 26,
1987 City Council meeting.
It is my understanding that we'll -need four (4) votes for
preliminary plat stage. Therefore,I'll need to have the mayor
and the council members present who voted for the concept stage.
I'll be out-of-town for a couple of weeks. Greg F.rank"of MKA
will be in touch with Engineering and Planning. Greg will attend
the Planning Commission on the 14th and will send me the Develop��.
ment Contract for my signature. Thank you in advance.
Sincerely,
BLH DEVELOPMENT COM ANY
fy
Dickman C. Knutson
President - 1
DCK:pab �J(}
cc: Greg Frank, MKA��zr, - L
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WINTER ADDRESS
538 S. 72ND ST.- { ��
MESA AZ 85208 T,
TEL. 981-8139^
January 2, 1987
Craig A. Freeman, President
Freeman's, Inc.
135 Nathan Lane, Suite 111
Plymouth, MN 55441
Lo c--"
RE Proposed La Croix Addition Preliminary Plat, Final Plat, Site Plan and Variance
(86010)
Dear Mr. Freeman:
It has been brought to my attention that you have proceeded with the sale of the
property which was proposed for development in the above referenced applications.
Therefore, this letter is written to inform you that we have formally withdrawn the
planning applications and closed the administrative files on your previous requests.
We appreciate your cooperation during the review process and look forward to working
with you on other projects in the City.
Sincerely,
Sara McConn
Community Development Coordinator
SM:jf
cc: Jim Willis, City Manager
File 86010
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
January 2, 1987
Mr. Pat Ryan
Ryan Construction Company
900 Second Avenue South
Suite 700
Minneapolis, MN 55402
RE Groves Office Park Site Plan Amendment (86146)
Dear Mr. Ryan:
The revised site plan amendment materials which were submitted to our office on
December 24, 1986 have been reviewed by the staff review committee. A finding has been
made that the review comments forwarded previously have been appropriately responded to
and Ordinance compliance has been demonstrated with one exception.
The revised materials included additional data, not submitted before, with respect to
proposed signage. On sheet A-9 traffic directional and "job site" sign details are
provided. The diagrammed signs exceed the Ordinance provisions.
On December 30, 1986 I informed Mr. Rolfe Kurtyka of this finding. He stated that this
sheet would be revised and resubmitted to eliminate any signage that would exceed the
Ordinance provisions.
Upon receipt of the revised sheets, we will finalize our review of your site plan
amendment request.
Mr. doe Ryan, Building Official, informed me that Mr. Kurtyka inquired about submitting
the building permit application for the parking ramp. I encourage you to proceed in
submitting the building permit application requests in accordance with the time
schedule we have discussed previously. However, please be reminded that no building
permit can be issued until the requested site plan amendment is approved. As indicated
in the above paragraphs, our review is not completed at this time. I believe our
review can be completed promptly once the revised sheets as discussed are provided.
Thank you for your prompt attention to this matter. Should you have any questions or
need further clarification, please do not hesitate to contact us.
Sincerely, 6
,&�
Sara McConn 40,
Community Development Coordinator
SM;jf
cc: dames Willis, City Manager
File 86146
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
41 M 4�x
CITY OF
PLYMOUTH
RE Groves Office Park Site Plan Amendment (86146)
Dear Mr. Ryan:
The revised site plan amendment materials which were submitted to our office on
December 24, 1986 have been reviewed by the staff review committee. A finding has been
made that the review comments forwarded previously have been appropriately responded to
and Ordinance compliance has been demonstrated with one exception.
The revised materials included additional data, not submitted before, with respect to
proposed signage. On sheet A-9 traffic directional and "job site" sign details are
provided. The diagrammed signs exceed the Ordinance provisions.
On December 30, 1986 I informed Mr. Rolfe Kurtyka of this finding. He stated that this
sheet would be revised and resubmitted to eliminate any signage that would exceed the
Ordinance provisions.
Upon receipt of the revised sheets, we will finalize our review of your site plan
amendment request.
Mr. doe Ryan, Building Official, informed me that Mr. Kurtyka inquired about submitting
the building permit application for the parking ramp. I encourage you to proceed in
submitting the building permit application requests in accordance with the time
schedule we have discussed previously. However, please be reminded that no building
permit can be issued until the requested site plan amendment is approved. As indicated
in the above paragraphs, our review is not completed at this time. I believe our
review can be completed promptly once the revised sheets as discussed are provided.
Thank you for your prompt attention to this matter. Should you have any questions or
need further clarification, please do not hesitate to contact us.
Sincerely, 6
,&�
Sara McConn 40,
Community Development Coordinator
SM;jf
cc: dames Willis, City Manager
File 86146
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
December 30, 1986
Elvira A. Devens
10920 32nd Avenue North
Plymouth, Minnesota 55441
Dear Mrs. Devens:
Please accept our deepest sympathy on the recent passing of your
police officers of this department were glad that they could be of
comfort to you during your husband's long illness.
=" to e-,
husband. The
assistance and
I, too, believe that our department is composed of many fine men and women, who
more often than not exhibit kindness, patience, and thoughtfulness.
Thank you for taking the time to write. I have posted your letter on the squad
room bulletin board so that all will be aware of your concern for us during a
time of your own grief.
Sincerely,
Richard J 1 Carlqu st
Public Safety Director
RJC:gs
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2FCO
h
CITY OF
PLYMOUTH
-
Please accept our deepest sympathy on the recent passing of your
police officers of this department were glad that they could be of
comfort to you during your husband's long illness.
=" to e-,
husband. The
assistance and
I, too, believe that our department is composed of many fine men and women, who
more often than not exhibit kindness, patience, and thoughtfulness.
Thank you for taking the time to write. I have posted your letter on the squad
room bulletin board so that all will be aware of your concern for us during a
time of your own grief.
Sincerely,
Richard J 1 Carlqu st
Public Safety Director
RJC:gs
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2FCO
- - Lo 'ems
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Minnesota NBA Basketball
5525 Cedar Lake Road
Minneapolis, MN 55416
SUBJECT: MINNESOTA NBA BASKETBALL TEAM NAME
Gentlemen:
Your December 17, 1986 letter requested that the City Council select from
one of two team names. The Plymouth City Council at their January 5 meetinq
has expressed preference for the "Minnesota Timber Wolves". On behalf of
the Council, thank you for soliciting our input on this matter of state-wide
interest.
Yours very truly,
'U �b
Frank Boyles
Assistant City Manager
FB:dma
cc: Mayor and City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
Barton-Aschrnan Associates, Inc.
1610 South Sixth Street Minneapolis, Minnesota 55454
January 6, 1987
Mr. Eric Blank
Members of the Parks
arra Recreation Advisory Cmmission
City Hall
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Re: Neighborhood Parks Develcpmmt
Dear Mr. Blank and Members of the Ccgmnission:
Lo C
612-332-0421
Barton-A.schman is pleased to have been selected to assist the City of
Plymouth in designing and developing three neighborhood parks. We are
looking forward to initiating the assignment and participating in your park
system's development.
We have attached for your review and approval the project's consultant
contract. As requested by the council, two options are offered for your
consideration. Option A provides for concurrent design and development of
Rolling Hills, Amhurst and County Road 61 Parks. Tasks would be initiated
in January, 1987, and completed during the summer's construction period.
Fee for Option A is $19,900 on a fixed lump sum basis excluding out of
pocket expenses.
ion B would complete Rolling Hills and Amhurst Parks concurrently in 1987
within one bid package. County Road 61 Park work would be initiated in
January 1988 as an independent project with completion by September 1988.
Compensation for Option B would be $21,900 on an upset maximum cost not to
exceed basis. Option B would be slightly more expensive than Option A due
to efficiency, number of meetings and projected inflation.
Please review the attached contract. If its contents meets with your
requirements, please sign both documents and return one for our files.
IU
Barton-Aschman Associates, Inc.
January 6, 1987
Page 2
Thank you for the consideration given to our selection. We remain committed
to completing the neighborhood parks in a professional manner with quality
results.
Sincerely,
bmAWL—
Barry . Warner
Principal Associate
December 4, 1986
Greg Moore Cl I T k. f
Executive Director PLYMOUTR
Northwest Community Television
6900 Winnetka Avenue N
Brooklyn Park, MN 55428
Dear Mr. Moore:
This letter is in response to your November 24 correspondence regarding
1986 matching grants.
Please consider this our official notification and request for $5,000
as the Northwest Community Television Corporation matching grant to
the City of Plymouth for the year 1986.
Our video personnel earned in excess of $10,000 in 1986. During that
time, the number of live programs, taped programs and the hours of
video broadcasts increased significantly.
I wish to take this opportunity to thank you and the rest of your
organization for the tremendous cooperation you have supplied the
City of Plymouth in making all of this possible.
If you need any further information from me, please do not hesitate
to call me at 559-2800 x 265.
Sincerely,
i
g�'491-1�
Eric J. Blank, Director
Parks and Recreation
Dnp
cc: City Manager
Finance Director
NORTHWEST SUBURBS 2151
COMMUNITY ACCESS CORP.
6900 WINNETKA AVE. NORTH
BROOKLYN PARK, MN 55428 75-1662/910
PAY
Dec. 23, _19 86
TO TH E
ORDER OF. City of Plymouth
$ 5, 000.00
--Five Thousand and 00/100 --
DOLLARS
77m Bank > „
MOMiNorth off.`
FOR Matching Grant
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