HomeMy WebLinkAboutCouncil Information Memorandum 11-26-1997I
NOVEMBER 26, 1997
1. COUNCIL MEETING SCHEDULE.
NOTE: Ward I Councilmember Tim Bildsoe meets with residents and receives their
comments in the Administration Library, beginning at 6:00 PM before each
Council meeting.
DECEMBER 3 7: 00 PM TRUTH IN TAXATION HEARING
(Immediately before council meeting)
REGULAR COUNCIL MEETING
Council Chambers
DECEMBER 10 7:00 PM SPECIAL COUNCIL MEETING
TOPIC: Street Reconstruction Issues, Council
goals and priorities update, consideration of
council conference and training budget
(requested by Mayor Tierney), consideration of
proposed stop sign policy, and a discussion of
the status of labor negotiations
Public Safety Training Room
DECEMBER 17 7: 00 PM REGULAR COUNCIL MEETING
Council Chambers
2. THANKSGIVING DAYHOLIDAY, THURSDAY, NOVEMBER 27, FRIDAYNOVEMBER
28, City Offices closed.
3. CHARTER COMMISSION MEETING, TUESDAY, DECEMBER 2, 7:00 PM, Public
Safety Training Room.
4. HUMANRIGHTS COMMISSION, THURSDAY, DECEMBER 4, 7:30 PM, Medicine
Lake Room. (M-4)
I
NOVEMBER 26, 1997
1. COUNCIL MEETING SCHEDULE.
NOTE: Ward I Councilmember Tim Bildsoe meets with residents and receives their
comments in the Administration Library, beginning at 6:00 PM before each
Council meeting.
DECEMBER 3 7: 00 PM TRUTH IN TAXATION HEARING
(Immediately before council meeting)
REGULAR COUNCIL MEETING
Council Chambers
DECEMBER 10 7:00 PM SPECIAL COUNCIL MEETING
TOPIC: Street Reconstruction Issues, Council
goals and priorities update, consideration of
council conference and training budget
(requested by Mayor Tierney), consideration of
proposed stop sign policy, and a discussion of
the status of labor negotiations
Public Safety Training Room
DECEMBER 17 7: 00 PM REGULAR COUNCIL MEETING
Council Chambers
2. THANKSGIVING DAYHOLIDAY, THURSDAY, NOVEMBER 27, FRIDAYNOVEMBER
28, City Offices closed.
3. CHARTER COMMISSION MEETING, TUESDAY, DECEMBER 2, 7:00 PM, Public
Safety Training Room.
4. HUMANRIGHTS COMMISSION, THURSDAY, DECEMBER 4, 7:30 PM, Medicine
Lake Room. (M-4)
e
CITY COUNCIL INFORMATION MEMO Page 2
November 26, 1997
S. PLANNING COMMISSION, TUESDAY, DECEMBER 9, 7.•00 PM, Council Chambers.
6. ENVIRONMENTAL QUALITY COMMITTEE, TUESDAY, DECEMBER 9, 7:00 PM,
Hadley Lake Room.
7. PRAC, THURSDAY, DECEMBER]], 7.•00 PM, Council Chambers.
8. MEETING CALENDARS — December meeting calendar is attached. (M-8)
1. NEWS ARTICLES, RELEASES, PUBLICATIONS, ETC.
a. TwinWest business update subscription form. (I -1a)
2. LEAGUE OF MINNESOTA CITIES POLICYADOPTION
a. Mayor Tierney has provided background information regarding the November 21
League of Minnesota Cities 1997 Policy Adoption Conference. A cover memo
from her is attached as well. (I -3a)
3. CITIZEN COMMUNICATIONS POLICY— CORRESPONDENCE
A status report on the most recent correspondence is attached. (1-3
e
CITY COUNCIL INFORMATION MEMO Page 2
November 26, 1997
S. PLANNING COMMISSION, TUESDAY, DECEMBER 9, 7.•00 PM, Council Chambers.
6. ENVIRONMENTAL QUALITY COMMITTEE, TUESDAY, DECEMBER 9, 7:00 PM,
Hadley Lake Room.
7. PRAC, THURSDAY, DECEMBER]], 7.•00 PM, Council Chambers.
8. MEETING CALENDARS — December meeting calendar is attached. (M-8)
1. NEWS ARTICLES, RELEASES, PUBLICATIONS, ETC.
a. TwinWest business update subscription form. (I -1a)
2. LEAGUE OF MINNESOTA CITIES POLICYADOPTION
a. Mayor Tierney has provided background information regarding the November 21
League of Minnesota Cities 1997 Policy Adoption Conference. A cover memo
from her is attached as well. (I -3a)
3. CITIZEN COMMUNICATIONS POLICY— CORRESPONDENCE
A status report on the most recent correspondence is attached. (1-3
Plymouth Human Rights Commission
December 4,1997 7:30 PM
Agenda
I. Call to Order
II. Approve Agenda
III. Approve Minutes, November 1997
IV. Old Business
a. 1997 Human Rights Award
b. 1997 Annual Report
c. 1998 Work Plan
V. New Business
VI. For Information
a. Educational Diversity Rulemaking
VII. Adjourn
Plymouth Human Rights Commission
December 4,1997 7:30 PM
Agenda
I. Call to Order
II. Approve Agenda
III. Approve Minutes, November 1997
IV. Old Business
a. 1997 Human Rights Award
b. 1997 Annual Report
c. 1998 Work Plan
V. New Business
VI. For Information
a. Educational Diversity Rulemaking
VII. Adjourn
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11/21/97 17:35 To:Mr. Dwight Johnson FromAynn
512-540-0237 Page 1/1
TVVINNA~ E T
V M A M R F R O F C O M M E n C E
Important Plymouth Business Update,
Please Route
The TwinWest Chamber of Commerce Plymouth Business Council has determined that improving the
communication between the business community and the City of Plymouth is a priority issue. Therefore, TwinWest
and City staff have developed the following information sheet to keep YOU up to date on upcoming business
issues.
Develop ment/Construction Updates
=> The City Council adopted an ordinance approving more than 300 amendments to the Zoning Ordinance
recently. Copies are available for review in the Community Development Department.
=> A site plan has been approved to construct a 6,400 sq. ft. multi -tenant industrial building, one building setback
variance and several parking setback variances for 2715 Fernbrook Lane..
=> The final plat for "Plymouth Collection" was approved for Baker Partners, Inc. Four commercial lots are
proposed on an 8 -acre parcel. The proposed uses include expansion of the existing Burnet office building, a
40,000 sq. ft. retail center, a gas/convenience store and a freestanding restaurant with liquor service.
Business News
• The City will engage professional services for a comprehensive streetscaping study of the City Center area, to
address: street lighting: landscaping; plantings, irrigation; on -street parking and more.
• The Council authorized the extension of Sunday hours of operation for on -sale liquor by restaurants to allow
sales to begin at 10 a m. rather than Noon.
• The Plymouth business council will be hearing from the fire chief and their November 25 meeting and will
discuss what the business community can do to help the City of Plymouth in staffing volunteer fire fighters
during the day in Plymouth.
• What is a business concern you have? Let us know and maybe we can be your united voice.
_ In the future, please fax this update to
Name
Business
m
Phone
This information is provided to you as a courtesy of the TwinWest Chamber of Commerce and the City of Plymouth.
We would love to hear your input prior to that, call any of the individuals below with your suggestions and/or
feedback. If you have any feedback, questions or would like to get involved with the Business Council, please call
Sterling Patterson at TwinWest ph: 540-0234: fx: 540-0237
City Manager, Dwight Johnson, at 509-5051
Director of Community Development, Anne Hurlburt, at 509-5401, city fax: 509-5060.
11/21/97 17:35 To:Mr. Dwight Johnson FromAynn
512-540-0237 Page 1/1
TVVINNA~ E T
V M A M R F R O F C O M M E n C E
Important Plymouth Business Update,
Please Route
The TwinWest Chamber of Commerce Plymouth Business Council has determined that improving the
communication between the business community and the City of Plymouth is a priority issue. Therefore, TwinWest
and City staff have developed the following information sheet to keep YOU up to date on upcoming business
issues.
Develop ment/Construction Updates
=> The City Council adopted an ordinance approving more than 300 amendments to the Zoning Ordinance
recently. Copies are available for review in the Community Development Department.
=> A site plan has been approved to construct a 6,400 sq. ft. multi -tenant industrial building, one building setback
variance and several parking setback variances for 2715 Fernbrook Lane..
=> The final plat for "Plymouth Collection" was approved for Baker Partners, Inc. Four commercial lots are
proposed on an 8 -acre parcel. The proposed uses include expansion of the existing Burnet office building, a
40,000 sq. ft. retail center, a gas/convenience store and a freestanding restaurant with liquor service.
Business News
• The City will engage professional services for a comprehensive streetscaping study of the City Center area, to
address: street lighting: landscaping; plantings, irrigation; on -street parking and more.
• The Council authorized the extension of Sunday hours of operation for on -sale liquor by restaurants to allow
sales to begin at 10 a m. rather than Noon.
• The Plymouth business council will be hearing from the fire chief and their November 25 meeting and will
discuss what the business community can do to help the City of Plymouth in staffing volunteer fire fighters
during the day in Plymouth.
• What is a business concern you have? Let us know and maybe we can be your united voice.
_ In the future, please fax this update to
Name
Business
m
Phone
This information is provided to you as a courtesy of the TwinWest Chamber of Commerce and the City of Plymouth.
We would love to hear your input prior to that, call any of the individuals below with your suggestions and/or
feedback. If you have any feedback, questions or would like to get involved with the Business Council, please call
Sterling Patterson at TwinWest ph: 540-0234: fx: 540-0237
City Manager, Dwight Johnson, at 509-5051
Director of Community Development, Anne Hurlburt, at 509-5401, city fax: 509-5060.
-26.
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: November 24, 1997
TO: Staff and City Councilmembers
FROM: Mayor Joy Tierney
SUBJECT: League of Minnesota Cities 1997 Policy Adoption
Conference held Friday, November 21, 1997
I attended 1998 Policy Adoption Conference. Interested City
staff and elected officials have been working on the LWC
legislative policies since July and the proposed policies were
discussed, amended and/or adopted by the delegates last Friday.
The three policy committes are Improving Fiscal Futures,
Improving Local Economies, and Improving Service Delivery.
In addition, the Improving Community Life Committee meets on
a regular basis to discuss issues affecting"livable communities"
and to develop the Improving Community Life policy guideline.
(The main discussion issue for the regional meeting4this year
involved the Improving Community Life Committee's focus on youth
and how cities do or could address youth issues. They used
a video and gathered a panel of youth at each of the 13 regional
meetings around the state.)
The policies-ad4ptled basically passed as presented. I chaired
the Fiscal Futures Committee and all policies were adopted as
presented.
The Improving Local Economies had added a new policy on State
Licensing of Massage Therapists prior to the Conference. The
position statement read, "The League supports the statewide
professional licensing of massage therapists in order to aid
local law enforcement efforts at controlling prostitution and
other criminal activity." This passed. Another item was brought
up for discussion relating to the state and federal welfare
reform efforts that focus on welfare to work transition and
the challenges this presents. The item was refered on to the
Policy committee for further discussion with possible adoption
prior to the legislative session.
The Improving Service Delivery policies were adopted with one
additional item referred to the committee for discussion. I
have included the paper on this issue. It was prepared by the
-26.
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: November 24, 1997
TO: Staff and City Councilmembers
FROM: Mayor Joy Tierney
SUBJECT: League of Minnesota Cities 1997 Policy Adoption
Conference held Friday, November 21, 1997
I attended 1998 Policy Adoption Conference. Interested City
staff and elected officials have been working on the LWC
legislative policies since July and the proposed policies were
discussed, amended and/or adopted by the delegates last Friday.
The three policy committes are Improving Fiscal Futures,
Improving Local Economies, and Improving Service Delivery.
In addition, the Improving Community Life Committee meets on
a regular basis to discuss issues affecting"livable communities"
and to develop the Improving Community Life policy guideline.
(The main discussion issue for the regional meeting4this year
involved the Improving Community Life Committee's focus on youth
and how cities do or could address youth issues. They used
a video and gathered a panel of youth at each of the 13 regional
meetings around the state.)
The policies-ad4ptled basically passed as presented. I chaired
the Fiscal Futures Committee and all policies were adopted as
presented.
The Improving Local Economies had added a new policy on State
Licensing of Massage Therapists prior to the Conference. The
position statement read, "The League supports the statewide
professional licensing of massage therapists in order to aid
local law enforcement efforts at controlling prostitution and
other criminal activity." This passed. Another item was brought
up for discussion relating to the state and federal welfare
reform efforts that focus on welfare to work transition and
the challenges this presents. The item was refered on to the
Policy committee for further discussion with possible adoption
prior to the legislative session.
The Improving Service Delivery policies were adopted with one
additional item referred to the committee for discussion. I
have included the paper on this issue. It was prepared by the
Z-3
Minnesota Building Offials, "Position Paper on Health, Safety
and Durability of Housing." Many cities, like Plymouth, have
become aware of significant housing problems that appear to
need state level rather than by individual city level code
attention.
All of the adopted 1998 City Policies are now being updated
and copies will be sent out to all the members cities upon
completion.
For your information I am also sending on to you copies of
material used in presentations at the Conference: "Deregulation
and Property Taxes," "Key Points of Senator Steve Kelley's 1998
Municipal Telecom Bill," and "Personnel Regulations Cost."
If you have and questions or comments do not hesitate to call.
Z-3
Minnesota Building Offials, "Position Paper on Health, Safety
and Durability of Housing." Many cities, like Plymouth, have
become aware of significant housing problems that appear to
need state level rather than by individual city level code
attention.
All of the adopted 1998 City Policies are now being updated
and copies will be sent out to all the members cities upon
completion.
For your information I am also sending on to you copies of
material used in presentations at the Conference: "Deregulation
and Property Taxes," "Key Points of Senator Steve Kelley's 1998
Municipal Telecom Bill," and "Personnel Regulations Cost."
If you have and questions or comments do not hesitate to call.
League of Minnesota Cities
Position Paper on Health, � and
Durability of Houing
Background -
During the last two years, there has been increased awareness of health, safety and durability
issues in housing construction:
1. In the fall of 1996, studies were conducted by Minnegasco that showed 75 percent of housing
tested had carbon monoxide levels caused by infiltration from attached automobile garages.
2. In October 1996, a Star Tribune series identified a number of homes with indoor air quality
problems caused by venting failures, carbon monoxide and house tightness. The series raised
concerns that the Metropolitan Airports Commission Sound Insulation Program may be causing
these problems during the implementation of sound reduction strategies.
3. In September 1997, a Star Tribune -sponsored citizens forum heard testimony from
homeowners with significant housing problems, homebuilders, building scientists and
government officials. This forum generated a series entitled `The Trouble With Housing" which
identified a significant number of indoor air quality and construction durability issues. The
citizens recommended stronger consumer protection laws, tougher builder licensing laws, more
accurate city inspections and more homeowner education and use of professionals to monitor
construction.
4. In November 1997, the Metropolitan Airports Commission released the findings of a study of
944 houses near the Minneapolis -St. Paul International Airport. The houses were tested before
performing sound reduction strategies and 88 percent were found to have improperly installed
gas appliances, poorly maintained equipment that exhausts products of combustion into the
houses and inadequate fresh air for the occupants. Researchers on this project suspect that
the problems identified in this study are widespread throughout the entire housing stock
League of Minnesota Cities
Position Paper on Health, S��ety and
Durability of Houing
Background -
During the last two years, there has been increased awareness of health, safety and durability
issues in housing construction:
1. In the fall of 1996, studies were conducted by Minnegasco that showed 75 percent of housing
tested had carbon monoxide levels caused by infiltration from attached automobile garages.
2. In October 1996, a Star Tribune series identified a number of homes with indoor air quality
problems caused by venting failures, carbon monoxide and house tightness. The series raised
concerns that the Metropolitan Airports Commission Sound Insulation Program may be causing
these problems during the implementation of sound reduction strategies.
3. In September 1997, a Star Tribune -sponsored citizens forum heard testimony from
homeowners with significant housing problems, homebuilders, building scientists and
government officials. This forum generated a series entitled `The Trouble With Housing" which
identified a significant number of indoor air quality and construction durability issues. The
citizens recommended stronger consumer protection laws, tougher builder licensing laws, more
accurate city inspections and more homeowner education and use of professionals to monitor
construction.
4. In November 1997, the Metropolitan Airports Commission released the findings of a study of
944 houses near the Minneapolis -St. Paul International Airport. The houses were tested before
performing sound reduction strategies and 88 percent were found to have improperly installed
gas appliances, poorly maintained equipment that exhausts products of combustion into the
houses and inadequate fresh air for the occupants. Researchers on this project suspect that
the problems identified in this study are widespread throughout the entire housing stock
r�,a
This increased awareness is causing policymakers to seek out recommendations and begin to draft
legislation that will address these concerns. As professionals in the field, we realize that we must
educate policymakers about current initiatives that are in progress and recommend further
initiatives that are still necessary to address other issues.
The Minnesota Building Officials have developed a number of initiatives to address health, safety
and durability of housing. Two of these initiatives have been taking shape during the last two years
and should be supported as they bring forth recommendations. First, we reached out to our
partners in the industry to come together to solve these issues. We recognized an uncoordinated
regulatory system with multiple state agencies involved. With our partners, we went to the
Governor and convinced him to establish the Governor's Construction Codes Advisory Council with
representatives from state agencies, building officials, design professionals, contractors, building
owners and the League of Minnesota Cities. The purpose of the Council is to review and comment
to the governor, legislature and regulatory agencies on statutes, rules, standards and licensing, to
report findings to the state agencies and to recommend changes in codes or legislation. We
believe this Council should play a central role in coordinating and carrying out the recommendations
contained herein.
In the second initiative, we collaborated with the Builders Association of Minnesota and established
a State Energy Code Committee to develop a coordinated comprehensive rewrite of the Energy
Code. A broad based committee of building officials, building scientists, builders, and material
suppliers have met for over a year and prepared the draft rules that are scheduled for public
hearing on December 19, 1997.
The issue of health, safety and durability in housing is multifaceted and complex. Generally, a
wholesale legislative fix will not solve a complex issue with so many technical aspects and so many
entities with a vested interest. In some areas, the code development process is the best forum to
allow experts to develop workable solutions. In other areas, the policymakers may need to set
goals and monitor progress of committees of experts to assure comprehensive and timely solutions.
Issue: Heafth, Safety and Durability of Houses
Significant research has been conducted that indicates a high percentage of new and existing
houses have poor indoor air quality. This is evidenced by the presence of high levels of combustion
gases, excessive moisture, respiratory problems and inadequate fresh air for occupants.
Excessive moisture levels, as well as mistakes in construction details, are causing reduced
durability and premature failure of the housing structure. In addition, the homeowner is finding that
consumer protection laws are inadequate to help them solve these problems.
Response -
1 -
esponse:
1. Support the Governor's Construction Codes Advisory Council process and allow it to
play a central role in coordinating and carrying out the recommendations contained
herein.
2. Support the current `97-`98 State Energy and Mechanical Code adoption process for new
housing and additions and alterations to existing housing. The proposed changes to the
Energy Code provide continuous ventilation and tougher standards to prevent backdrafting of
gas appliances and will address the issues of health, safety and durability in new 1 & 2 family
construction. Further revisions may be necessary to address problems in multifamily
r�,a
This increased awareness is causing policymakers to seek out recommendations and begin to draft
legislation that will address these concerns. As professionals in the field, we realize that we must
educate policymakers about current initiatives that are in progress and recommend further
initiatives that are still necessary to address other issues.
The Minnesota Building Officials have developed a number of initiatives to address health, safety
and durability of housing. Two of these initiatives have been taking shape during the last two years
and should be supported as they bring forth recommendations. First, we reached out to our
partners in the industry to come together to solve these issues. We recognized an uncoordinated
regulatory system with multiple state agencies involved. With our partners, we went to the
Governor and convinced him to establish the Governor's Construction Codes Advisory Council with
representatives from state agencies, building officials, design professionals, contractors, building
owners and the League of Minnesota Cities. The purpose of the Council is to review and comment
to the governor, legislature and regulatory agencies on statutes, rules, standards and licensing, to
report findings to the state agencies and to recommend changes in codes or legislation. We
believe this Council should play a central role in coordinating and carrying out the recommendations
contained herein.
In the second initiative, we collaborated with the Builders Association of Minnesota and established
a State Energy Code Committee to develop a coordinated comprehensive rewrite of the Energy
Code. A broad based committee of building officials, building scientists, builders, and material
suppliers have met for over a year and prepared the draft rules that are scheduled for public
hearing on December 19, 1997.
The issue of health, safety and durability in housing is multifaceted and complex. Generally, a
wholesale legislative fix will not solve a complex issue with so many technical aspects and so many
entities with a vested interest. In some areas, the code development process is the best forum to
allow experts to develop workable solutions. In other areas, the policymakers may need to set
goals and monitor progress of committees of experts to assure comprehensive and timely solutions.
Issue: Heafth, Safety and Durability of Houses
Significant research has been conducted that indicates a high percentage of new and existing
houses have poor indoor air quality. This is evidenced by the presence of high levels of combustion
gases, excessive moisture, respiratory problems and inadequate fresh air for occupants.
Excessive moisture levels, as well as mistakes in construction details, are causing reduced
durability and premature failure of the housing structure. In addition, the homeowner is finding that
consumer protection laws are inadequate to help them solve these problems.
Response -
1 -
esponse:
1. Support the Governor's Construction Codes Advisory Council process and allow it to
play a central role in coordinating and carrying out the recommendations contained
herein.
2. Support the current `97-`98 State Energy and Mechanical Code adoption process for new
housing and additions and alterations to existing housing. The proposed changes to the
Energy Code provide continuous ventilation and tougher standards to prevent backdrafting of
gas appliances and will address the issues of health, safety and durability in new 1 & 2 family
construction. Further revisions may be necessary to address problems in multifamily
Z- Za
construction. Additional changes to the Mechanical Code should further address the interaction
of multiple gas appliances and exhaust systems.
3. The legislature should exercise leadership to ensure a whole -house systems approach
to solving existing housing problems is developed and carried out. A committee of
experts should be created to identify solutions and monitor progress toward those
solutions. Possible solutions to be considered include:
• Require performance testing and correction of problems at time of sale.
• Require gas-fired replacement furnaces and water heaters to be direct or power
vented at time of replacement. Ventilation could be required at this time if certain
indicators are present.
• Provide incentives for installation of direct- or power -vented furnaces or water
heaters and mechanical ventilation.
4. Improve the capacity of city and county building departments to deliver inspection
services by:
• Requiring certification and. continuing education for all code enforcement
inspectors. Currently the building official in each community is the only individual required
to be certified and to obtain continuing education.
• Supporting increased inspector involvement in code development and uniformity of
code interpretation committees. Statewide committees currently exist for developing
uniform interpretations of unclear building code language. Statewide code change
committees also exist for developing changes that clarify ambiguous code language and
work toward development of a national coordinated code document.
Supporting building departments' efforts to meet Insurance Service Office
standards. In 1999, this nation wide program will rate the ability of Minnesota building
departments to deliver services that will improve the quality of construction and reduce
natural disaster losses by property owners and the insurance industry. In communities with
good building departments, the property owners will receive higher quality inspection
services as well as reductions in insurance premiums.
5. Encourage statewide code enforcement through education and public awareness.
Develop a plan for education, phase-in period and funding sources for jurisdictions.
6. Strengthen building contractor licensing standards. Minimum requirements for obtaining a
license should be increased as well as the penalties and enforcement activity when the
contractor violates the standards.
7. Require competency testing, licensing and continuing education for the construction
trades persons in categories where licensing does not exist.
8. Provide more education to homeowners on the safe operation and maintenance of
homes.
9. Increase the minimum liability period for contractors to allow hidden problems to be
discovered.
Z- Za
construction. Additional changes to the Mechanical Code should further address the interaction
of multiple gas appliances and exhaust systems.
3. The legislature should exercise leadership to ensure a whole -house systems approach
to solving existing housing problems is developed and carried out. A committee of
experts should be created to identify solutions and monitor progress toward those
solutions. Possible solutions to be considered include:
• Require performance testing and correction of problems at time of sale.
• Require gas-fired replacement furnaces and water heaters to be direct or power
vented at time of replacement. Ventilation could be required at this time if certain
indicators are present.
• Provide incentives for installation of direct- or power -vented furnaces or water
heaters and mechanical ventilation.
4. Improve the capacity of city and county building departments to deliver inspection
services by:
• Requiring certification and. continuing education for all code enforcement
inspectors. Currently the building official in each community is the only individual required
to be certified and to obtain continuing education.
• Supporting increased inspector involvement in code development and uniformity of
code interpretation committees. Statewide committees currently exist for developing
uniform interpretations of unclear building code language. Statewide code change
committees also exist for developing changes that clarify ambiguous code language and
work toward development of a national coordinated code document.
Supporting building departments' efforts to meet Insurance Service Office
standards. In 1999, this nation wide program will rate the ability of Minnesota building
departments to deliver services that will improve the quality of construction and reduce
natural disaster losses by property owners and the insurance industry. In communities with
good building departments, the property owners will receive higher quality inspection
services as well as reductions in insurance premiums.
5. Encourage statewide code enforcement through education and public awareness.
Develop a plan for education, phase-in period and funding sources for jurisdictions.
6. Strengthen building contractor licensing standards. Minimum requirements for obtaining a
license should be increased as well as the penalties and enforcement activity when the
contractor violates the standards.
7. Require competency testing, licensing and continuing education for the construction
trades persons in categories where licensing does not exist.
8. Provide more education to homeowners on the safe operation and maintenance of
homes.
9. Increase the minimum liability period for contractors to allow hidden problems to be
discovered.
Key Points of Senator Steve Kelley's 1998 Municipal Telecom Bill
Goal: To encourage the development and upgrading of the telecommunications infrastructure throughout
Minnesota.
Status: The bill is being drafted and may be available for review around Thanksgiving. Senator Kelley will
hold a hearing in early December to take testimony from telephone company and other interests on the
proposed legislation. Due to the short legislative session, he wants all views out on the table early on, to sort
through issues. He encourages input.
1. Repeal existing municipal telecom law and replace it with more contemporary state law. This would
facilitate the ability of municipalities to provide telecom services and more clearly reflect the intent of the
1996 Federal Telecommunications Act which encourages any entity to provide telecom services. MS 237.19
does not reflect the many different options available today to communities to provide varying degrees or
levels of telecom services. MS 237.19 allows a municipality to own and operate a telephone exchange
within its own borders subject to provisions of Chapter 237. Under MS 237.19 a municipality may construct
such a plant, purchase one with agreement of owner, or acquire it by condemnation, through a supermajority
vote (65%) of the electorate at a general election. And a municipal that owns/operates a telephone exchange
may enter into a joint venture as partner or shareholder with a telecom organization to provide telecom
services within its service area. Repeal of Chapter 237.19 is not intended to undermine municipalities
current implicit operating power nor to deprive them of the ability to offer telecom services.
2. Supermajority Vote. The 65% voting requirement would be repealed.
3. Joint Ventures between municipalities and any type of organization (e.g., other public bodies or political
subdivisions, cooperatives, private companies, etc.) would be allowed. This would foster regional
partnerships, recognize that telecom has both local and long-distance dimensions, and assist with
infrastructure financing. The intention is not to take advantage of municipalities, but to permit joint ventures
as a vehicle so municipals can be full and equal partners at the table if they are invited to provide time,
resources, community support, etc. The most common joint venture type could be a limited liability
corporation, but other possibilities involving for-profit or not-for-profit arrangements would likely be
permitted.
4. Cross -subsidies discouraged,• separate accounting: governance. A municipality that offers telecom
services, would have to keep separate accounting and cost -allocation records and charge staff time
appropriately, track expenses, document revenues, etc. The intent is to avoid having one city utility
subsidize the other, and avoid masking a situation where one utility could be operating in the red for an
extended period of time. The legislation would not require separate governing bodies for each type of
municipal. utility (e.g., water, electric, gas or telecom).
5. Geographic Boundaries. The legislation would strike the limitation that municipals can only provide
telecom services within their municipal boundaries. This would be more reflective of telecom trends. It is
likely all telecom providers will have to offer their services throughout the entire local exchange area under
upcoming MPUC rules/regulations, and providers will end up leasing their lines to other providers, etc. to
promote the competition envisioned by the 1996 Federal Telecommunications Act.
This information is provided by the Minnesota Municipal Utility Association (MM UA) based on
conversations with Senator Kelley regarding MMUA interest in seeking legislation to encourage
development of local telecommunications infrastructure.
Key Points of Senator Steve Kelley's 1998 Municipal Telecom Bill
Goal: To encourage the development and upgrading of the telecommunications infrastructure throughout
Minnesota.
Status: The bill is being drafted and may be available for review around Thanksgiving. Senator Kelley will
hold a hearing in early December to take testimony from telephone company and other interests on the
proposed legislation. Due to the short legislative session, he wants all views out on the table early on, to sort
through issues. He encourages input.
1. Repeal existing municipal telecom law and replace it with more contemporary state law. This would
facilitate the ability of municipalities to provide telecom services and more clearly reflect the intent of the
1996 Federal Telecommunications Act which encourages any entity to provide telecom services. MS 237.19
does not reflect the many different options available today to communities to provide varying degrees or
levels of telecom services. MS 237.19 allows a municipality to own and operate a telephone exchange
within its own borders subject to provisions of Chapter 237. Under MS 237.19 a municipality may construct
such a plant, purchase one with agreement of owner, or acquire it by condemnation, through a supermajority
vote (65%) of the electorate at a general election. And a municipal that owns/operates a telephone exchange
may enter into a joint venture as partner or shareholder with a telecom organization to provide telecom
services within its service area. Repeal of Chapter 237.19 is not intended to undermine municipalities
current implicit operating power nor to deprive them of the ability to offer telecom services.
2. Supermajority Vote. The 65% voting requirement would be repealed.
3. Joint Ventures between municipalities and any type of organization (e.g., other public bodies or political
subdivisions, cooperatives, private companies, etc.) would be allowed. This would foster regional
partnerships, recognize that telecom has both local and long-distance dimensions, and assist with
infrastructure financing. The intention is not to take advantage of municipalities, but to permit joint ventures
as a vehicle so municipals can be full and equal partners at the table if they are invited to provide time,
resources, community support, etc. The most common joint venture type could be a limited liability
corporation, but other possibilities involving for-profit or not-for-profit arrangements would likely be
permitted.
4. Cross -subsidies discouraged,• separate accounting: governance. A municipality that offers telecom
services, would have to keep separate accounting and cost -allocation records and charge staff time
appropriately, track expenses, document revenues, etc. The intent is to avoid having one city utility
subsidize the other, and avoid masking a situation where one utility could be operating in the red for an
extended period of time. The legislation would not require separate governing bodies for each type of
municipal. utility (e.g., water, electric, gas or telecom).
5. Geographic Boundaries. The legislation would strike the limitation that municipals can only provide
telecom services within their municipal boundaries. This would be more reflective of telecom trends. It is
likely all telecom providers will have to offer their services throughout the entire local exchange area under
upcoming MPUC rules/regulations, and providers will end up leasing their lines to other providers, etc. to
promote the competition envisioned by the 1996 Federal Telecommunications Act.
This information is provided by the Minnesota Municipal Utility Association (MM UA) based on
conversations with Senator Kelley regarding MMUA interest in seeking legislation to encourage
development of local telecommunications infrastructure.
10:45 a.m. Electri
Jeff Hi
J
able �o bud
°r� their elecit
dere ua
`consumer;
hat ti #t haV6 t6 do with prOparty taXeS Like other businesses, utilities'say
s r ^t •r �.i Aei+a' 4r � rrca..�;a <pi F«.t-.... w., w.R a
they need`lov+ier pr�peity" axes to,make them more competitive; antl some egislators` '' `I .
�oa+ assume;thatt*aofect ,, r
Wtto i thwC iQil !F tit qty, Cities? We are a group:of cIties,with.Iarge.amounts,of
utility propertyr; We 11,
tieheve that: L
.. I;i KUtihtt�$'lia�e'nbt demonstrated a'need for a properiy,tax ezemptiouIn fact;
"thea ability
t0l to generate power at Ver -low cost is likely to ,INCREASE theirrevenues andt)rof ts,
€ mcauselthey will be ableYto`sell to customers in high-cost states.
�• t.
■ °Exempting a large'poition of utilitiesproperties from taxation would harm state and
local governments, and raise havoc with their finances. Exempting utility machinery
,from property taxes would shift an estimated $191 mullion in property taxes onto homes
and businesses.
Does our 'current tax system dtseurage new power, plana investments?
No. Current law actually' REWARDS investments that make power plants more efficient. All
generators of electricity can reduce their own taxes by investing in machinery that raises their
plants' efficiency. If a plant's efficiency is 55% or more, its machinery is totally exempt from
property taxes. This policy rewards new investments as long as they produce cleaner, more
efficient energy.
Should all businesses pay the sane taxes in Minnesota and other states?
Taxes are one of the costs of doing business, and state tax policy should allocate the tax
burden. to the maximum benefitof our entire economy. Many businesses in competitive
industries thrive In Minnesota even though they pay higher taxes than they would in other .
states. We believe that electric utilities will similarly thrive.
■ Utilities do not have a "level playing field" now, nor are they likely to in the future,
because of federal tax policy and the 50 different tax and regulatory policies of the
states. For example, cooperatives do not pay federal income taxes, and IRS private use
restrictions will likely prevent public utilities financed with tax-exempt bonds from
competing outside their traditional service areas.
■' For example,- has aI .,
p gross receipts tax, and allowssome local governments to tax
utility machinery as real property. It is impossible for Minnesota to unilaterally create a
"level playing field."
■ Consumers won't get a level playing field - most will pay more, but some will pay less.
Prepared by Flaherty & Koebele for the Coalition of Utility Cities, October, 9997.
10:45 a.m. Electri
Jeff Hi
J
able �o bud
°r� their elecit
dere ua
`consumer;
hat ti #t haV6 t6 do with prOparty taXeS Like other businesses, utilities'say
s r ^t •r �.i Aei+a' 4r � rrca..�;a <pi F«.t-.... w., w.R a
they need`lov+ier pr�peity" axes to,make them more competitive; antl some egislators` '' `I .
�oa+ assume;thatt*aofect ,, r
Wtto i thwC iQil !F tit qty, Cities? We are a group:of cIties,with.Iarge.amounts,of
utility propertyr; We 11,
tieheve that: L
.. I;i KUtihtt�$'lia�e'nbt demonstrated a'need for a properiy,tax ezemptiouIn fact;
"thea ability
t0l to generate power at Ver -low cost is likely to ,INCREASE theirrevenues andt)rof ts,
€ mcauselthey will be ableYto`sell to customers in high-cost states.
�• t.
■ °Exempting a large'poition of utilitiesproperties from taxation would harm state and
local governments, and raise havoc with their finances. Exempting utility machinery
,from property taxes would shift an estimated $191 mullion in property taxes onto homes
and businesses.
Does our 'current tax system dtseurage new power, plana investments?
No. Current law actually' REWARDS investments that make power plants more efficient. All
generators of electricity can reduce their own taxes by investing in machinery that raises their
plants' efficiency. If a plant's efficiency is 55% or more, its machinery is totally exempt from
property taxes. This policy rewards new investments as long as they produce cleaner, more
efficient energy.
Should all businesses pay the sane taxes in Minnesota and other states?
Taxes are one of the costs of doing business, and state tax policy should allocate the tax
burden. to the maximum benefitof our entire economy. Many businesses in competitive
industries thrive In Minnesota even though they pay higher taxes than they would in other .
states. We believe that electric utilities will similarly thrive.
■ Utilities do not have a "level playing field" now, nor are they likely to in the future,
because of federal tax policy and the 50 different tax and regulatory policies of the
states. For example, cooperatives do not pay federal income taxes, and IRS private use
restrictions will likely prevent public utilities financed with tax-exempt bonds from
competing outside their traditional service areas.
■' For example,- has aI .,
p gross receipts tax, and allowssome local governments to tax
utility machinery as real property. It is impossible for Minnesota to unilaterally create a
"level playing field."
■ Consumers won't get a level playing field - most will pay more, but some will pay less.
Prepared by Flaherty & Koebele for the Coalition of Utility Cities, October, 9997.
i n
r
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a�
Exempting .utility.: machineryiand personal property, from prop yi, 'es would
reduce the property .taxes paid by electric utilities such`as NSP,Mnnesota f
�j Power and United Power, v an estimated $191 million, and` hi the tax burden
-onto otlie�tyPespof property.
r • r �� �^ r
While the'mostsevere increases would occur in power plant communities, Ahese
tax increases would occur throughout the state. On.a statewide basis, property
taxes on non-utility"�properties would increase by 4%'=`5%`House Research
has estimated the following specific statewide impacts:. r -:
f
It would raise homeowner property taxes by $88 million
AND
raise business property taxes by $6 million
AND
raise property taxes on rental housing by $22 million.
Prepared by Flaherty & Koebele, Oct. 1997. Estimates assume no other changes to current law.
i n
r
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a�
Exempting .utility.: machineryiand personal property, from prop yi, 'es would
reduce the property .taxes paid by electric utilities such`as NSP,Mnnesota f
�j Power and United Power, v an estimated $191 million, and` hi the tax burden
-onto otlie�tyPespof property.
r • r �� �^ r
While the'mostsevere increases would occur in power plant communities, Ahese
tax increases would occur throughout the state. On.a statewide basis, property
taxes on non-utility"�properties would increase by 4%'=`5%`House Research
has estimated the following specific statewide impacts:. r -:
f
It would raise homeowner property taxes by $88 million
AND
raise business property taxes by $6 million
AND
raise property taxes on rental housing by $22 million.
Prepared by Flaherty & Koebele, Oct. 1997. Estimates assume no other changes to current law.
generation.
Whys
Minnesota already has low production costs, and low rates:
There is a limited supply of low cost plants like those in Minnesota.
` f• Nearby markets, have'significantly higher prices, and deregulation will open up
those markets to Minnesota blectricity suppliers.
What evidence is there?
.. An economist testifying for NSP in Wisconsin estimated that deregulation would
allow an increase in their, electric prices.
The federal Energy Information Agency forecasts indicate that rates in
- Minnesota's region are likely to increase through 2015.
z; Resource Data International's (RDI's) comprehensive model of the nation's
electricity market indicates that rates in Minnesota will increase.
Wall Street seems to agree and rates Minnesota's utilities highly.
NSP, Ottertail Power, and Minnesota Power are all rated favorably by Fitch
Research
➢ They rate NSP as the LEAST VULNERABLE utility to competition in their
Spring 1997 Update.
➢ Ottertail Power is ranked 19th and was named the 4t"lowest cost producer of
electricity in the nation by the Utility Data Institute in 1996.
Minnesota Power is ranked.above average due to its extremely low costs.
By comparison, in the nearby Illinois market, Illinois Power is ranked 75th and
Commonwealth Edison is ranked 81 st.
According to a June 1997 Star Tribune article entitled NSP: Wired for Change
analysts are looking favorably on NSP's prospects.
➢ Dain Bosworth: "They have a real strong outlook. They're a low cost
producer in comparison with other companies in the region - better than
average — and the region is the cheapest in the country."
➢ Merrill Lynch: [NSP] continues to be a well-run, low-cost company, and we
think they've got significant growth potential."
A.G. Edward: "This is a very strong, well-positioned company that has a lot
of things going for it."
Prepared by Flaherty 8 Koebele for the Coalition of Utility Cities, October, 9997.
generation.
Whys
Minnesota already has low production costs, and low rates:
There is a limited supply of low cost plants like those in Minnesota.
` f• Nearby markets, have'significantly higher prices, and deregulation will open up
those markets to Minnesota blectricity suppliers.
What evidence is there?
.. An economist testifying for NSP in Wisconsin estimated that deregulation would
allow an increase in their, electric prices.
The federal Energy Information Agency forecasts indicate that rates in
- Minnesota's region are likely to increase through 2015.
z; Resource Data International's (RDI's) comprehensive model of the nation's
electricity market indicates that rates in Minnesota will increase.
Wall Street seems to agree and rates Minnesota's utilities highly.
NSP, Ottertail Power, and Minnesota Power are all rated favorably by Fitch
Research
➢ They rate NSP as the LEAST VULNERABLE utility to competition in their
Spring 1997 Update.
➢ Ottertail Power is ranked 19th and was named the 4t"lowest cost producer of
electricity in the nation by the Utility Data Institute in 1996.
Minnesota Power is ranked.above average due to its extremely low costs.
By comparison, in the nearby Illinois market, Illinois Power is ranked 75th and
Commonwealth Edison is ranked 81 st.
According to a June 1997 Star Tribune article entitled NSP: Wired for Change
analysts are looking favorably on NSP's prospects.
➢ Dain Bosworth: "They have a real strong outlook. They're a low cost
producer in comparison with other companies in the region - better than
average — and the region is the cheapest in the country."
➢ Merrill Lynch: [NSP] continues to be a well-run, low-cost company, and we
think they've got significant growth potential."
A.G. Edward: "This is a very strong, well-positioned company that has a lot
of things going for it."
Prepared by Flaherty 8 Koebele for the Coalition of Utility Cities, October, 9997.
11:30 a.m. Personnel Regulations Cost
Wally Wysopal, Personnel Officer, St. Louis Park
Achieving
City Accountability
through Personnel
League of Minnesota Cities
Policy Adoption Conference
November 21, 1997
Purpose:
City personnel issues need to
be a policy priority, and
presented to the Legislature
as a means for cities to be
more accountable.
How can we -evaluate personnel
laws for city accountability?
■ Greatest Good
— Personnel laws must achieve the greatest
public good for the greatest number of
people
— Outcomes should promote a worthwhile
and appropriate benefit
— Greater good means looking beyond single
interest group seeking special legislation
�--Z a
The Personnel, Labor Relations
and Pensions Task Force
■ Task Force Members:
—Laurie Elliot, Shoreview
— Bill Hunt, Fridley
— Kay McAloney, Anoka
— Ceil Smith, Edina
—Jeanette Sobania, Plymouth
—Joyce Twistol, Blaine
—Wally Wysopal, St. Louis Park, Chair
Why are personnel -related issues
important?
■ Accountability
- demand for cities to do more with existing
resources
■ Natural Avoidance
— Personnel laws are complex and confusing
— Personnel issues can divide employees
■ Financiai
— Personnel costs are hard to control
— Personnel costs make up approximately
two-thirds of an average city's budget
How can we evaluate personnel
laws for city accountability?
■ Equal Treatment
— Personnel legislation applies to ALL public
employers
— Increases likelihood of achieving public
good
— Provides a level playing field for all public
employers
— Cities will be more competitive with other
public employers and the private sector
11:30 a.m. Personnel Regulations Cost
Wally Wysopal, Personnel Officer, St. Louis Park
Achieving
City Accountability
through Personnel
League of Minnesota Cities
Policy Adoption Conference
November 21, 1997
Purpose:
City personnel issues need to
be a policy priority, and
presented to the Legislature
as a means for cities to be
more accountable.
How can we -evaluate personnel
laws for city accountability?
■ Greatest Good
— Personnel laws must achieve the greatest
public good for the greatest number of
people
— Outcomes should promote a worthwhile
and appropriate benefit
— Greater good means looking beyond single
interest group seeking special legislation
�--Z a
The Personnel, Labor Relations
and Pensions Task Force
■ Task Force Members:
—Laurie Elliot, Shoreview
— Bill Hunt, Fridley
— Kay McAloney, Anoka
— Ceil Smith, Edina
—Jeanette Sobania, Plymouth
—Joyce Twistol, Blaine
—Wally Wysopal, St. Louis Park, Chair
Why are personnel -related issues
important?
■ Accountability
- demand for cities to do more with existing
resources
■ Natural Avoidance
— Personnel laws are complex and confusing
— Personnel issues can divide employees
■ Financiai
— Personnel costs are hard to control
— Personnel costs make up approximately
two-thirds of an average city's budget
How can we evaluate personnel
laws for city accountability?
■ Equal Treatment
— Personnel legislation applies to ALL public
employers
— Increases likelihood of achieving public
good
— Provides a level playing field for all public
employers
— Cities will be more competitive with other
public employers and the private sector
How can we evaluate personnel
laws for city accountability?
■ Responsiveness
— Personnel legislation must address the
needs of today
— Current laws are overly complex and
hamstring public employers
— Laws must reflect recent trends with
unions and opportunities for civil action
An example: Veterans' Preference
■ Qualifying veterans receive:
— Bonus points at hire
— Additional due process in discipline and
discharge issues
— Salary continuation
— Back pay eligibility
— Fully qualified status from first date of hire
How does Veterans' Preference
stack up against our evaluation
criteria?
■ Does it serve the greatest good?
— Bonus points at hire? YES
— Discharge benefit? NO
■ Equal treatment
— Does it apply to all public
employers? NO
— Create a level playing field for all
public employees? NO
— Create competitiveness with public
and private employment? NO
i
What personnel issues need to
be addressed?
■ Civil service systems
■ Compensation limits
■ Data practices
■ Discipline and discharge
■ Overtime compensation
■ Peace officer Bill of Rights_
■ PURA
■ PERA
■ Workers compensation
An example: Veterans' Preference
■ Cities have. lost accountability
— LMCIT has spent $600,000 on veterans'
issues since 1993
— One large non LMCIT city spent over
$600,000 on one multi-year claim
— One small city spent $92,000 on one claim
— Lost staff time
— Loss of employee morale
How does Veterans' Preference
stack up against our evaluation
criteria?
■ Responsiveness
— Clear and understandable regulation
that connects well with other laws? NO
— Responds to new workplace
conditions and global employment
issues? NO
How can we evaluate personnel
laws for city accountability?
■ Responsiveness
— Personnel legislation must address the
needs of today
— Current laws are overly complex and
hamstring public employers
— Laws must reflect recent trends with
unions and opportunities for civil action
An example: Veterans' Preference
■ Qualifying veterans receive:
— Bonus points at hire
— Additional due process in discipline and
discharge issues
— Salary continuation
— Back pay eligibility
— Fully qualified status from first date of hire
How does Veterans' Preference
stack up against our evaluation
criteria?
■ Does it serve the greatest good?
— Bonus points at hire? YES
— Discharge benefit? NO
■ Equal treatment
— Does it apply to all public
employers? NO
— Create a level playing field for all
public employees? NO
— Create competitiveness with public
and private employment? NO
i
What personnel issues need to
be addressed?
■ Civil service systems
■ Compensation limits
■ Data practices
■ Discipline and discharge
■ Overtime compensation
■ Peace officer Bill of Rights_
■ PURA
■ PERA
■ Workers compensation
An example: Veterans' Preference
■ Cities have. lost accountability
— LMCIT has spent $600,000 on veterans'
issues since 1993
— One large non LMCIT city spent over
$600,000 on one multi-year claim
— One small city spent $92,000 on one claim
— Lost staff time
— Loss of employee morale
How does Veterans' Preference
stack up against our evaluation
criteria?
■ Responsiveness
— Clear and understandable regulation
that connects well with other laws? NO
— Responds to new workplace
conditions and global employment
issues? NO
T -2 a,
What can you do?
■ Respond
— LMC action alerts
— When you hear of troublesome personnel
legislation
■ Request
— LMC to do more programming on personnel
issues and provide more support in the
personnel area
■ Act
— Tell your concerns about personnel
legislation to your legislators
— Make the SD -5 policy a priority
T -2 a,
What can you do?
■ Respond
— LMC action alerts
— When you hear of troublesome personnel
legislation
■ Request
— LMC to do more programming on personnel
issues and provide more support in the
personnel area
■ Act
— Tell your concerns about personnel
legislation to your legislators
— Make the SD -5 policy a priority
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