HomeMy WebLinkAboutCouncil Information Memorandum 02-15-19963
FEBRUARY 15,1996
UPCOMING MEETINGS AND EVENTS....
1. COUNCIL MEETING SCHEDULE FOR FEBRUARY:
FEBRUARY 21 7:00 P.M.
MARCH 6 7:00 P.M.
REGULAR COUNCIL MEETING
City Center Lunchroom, Lower Level
REGULAR COUNCIL MEETING
City Center Lunchroom, Lower Level
2. HRA, THURSDAY, FEBRUARY 15, 7:00 P.M., Bass Lake Meeting Room, lower
level.
3. PRESIDENTS DAY, MONDAY, FEBRUARY 19, City offices closed.
4. PACT, WEDNESDAY, FEBRUARY 21, 7:00 P.M., Hadley Lake Conference Room,
Lower Level.
5. PLANNING COMMISSION, TUESDAY, FEBRUARY 27,7:00 P.M., City Center
Lunchroom, Lower Level.
6. BOARD AND COMMISSION RECEPTION. WEDNESDAY, MARCH 6, 5:30
P.M., Public Safety Training Room.
7. METRO MEETINGS - The weekly calendar of meetings for the Metropolitan
Council and its advisory Commissions is attached. (M-7)
8. MEETING CALENDARS - The February and March meeting calendars are
attached. (M-8)
CITY COUNCIL INFORMATION MEMO
February 15, 1996
Page 2
1. DEPARTMENT REPORTS
a. 1995 Recycling Program and Yard Waste Program Final Report. (I -la)
b. Open Meeting Law Defense Coverage notice. (I -lb)
c. Log of activity during extended service hours at City Hall through February 13,
1996. (I -1c)
2. NEWS ARTICLES. RELEASES, PUBLICATIONS. ETC.
a. Schedule of TwinWest February Coffee Breaks. (I -2a)
b. Fourth quarter 1995 report from the West Suburban Mediation Center. (I -2b)
c. 1996 AMM Legislative update as of February 8, 1996. (I -2c)
d. League of Minnesota Cities February 9 Cities Bulletin. (I -2d)
e. Invitation to the League of Minnesota Cities Building Dedication and Open House,
Thursday, February 29, 2:45 - 5:00 P.M. (I -2e)
f. St. Paul Press Dispatch story about suburban housing. (I -2f)
3. CITIZEN COMMUNICATIONS POLICY - CORRESPONDENCE
a. Letter to Lowell and Doris Whiteis from Community Development Director Anne
Hurlburt addressing their concerns about development of northwest Plymouth.
Attached is the original Whiteis correspondence. (I -3a)
A status report on correspondence is attached.
4. CORRESPONDENCE
a. Letter to Mayor Tierney from The Gym owner Jim Yungner. (I -4a)
b. Letter to the Mayor and Councilmembers from School District 284 School Board
Chair Debbie Jamrogiewicz. (I -4b)
c. Letter to School District 284 Superintendent Dr. Paul Beilfuss from City Manager
Dwight Johnson. (I -4c)
d. Fax transmission copy to Plymouth area legislators from City Manager Dwight
Johnson regarding the Metropolitan Housing Implementation Group Selection
Criteria. (I -4d)
e. Letter from the Metropolitan Council to local officials in communities participating in
the Livable Cities Program. (I -4e)
I
CITY COUNCII, INFORMATION MEMO
February 15, 1996
Page 3
f. Fax transmission copy to Plymouth area legislators from City Manager Dwight
Johnson concerning the Housing Pool Allocation from the MHFA City Participation
Program. (I4f)
g. Letter to U -S West customers from Minnesota division Vice President Jim Smiley. (I -
4g)
h. Letter to the Mayor from Minnesota Housing Finance Agency Commissioner
Katherine Hadley. (I -4h)
Dwight Johnson
City Manager
M.
TRO MEETINGS
I,
.-. C.
A witelciy cnleader ofmcetawZ agenda items for the Metropolitan C un4 its advisory and standing committees, and times
rgpaonl� Metropolitan Airports Commission, Metoopolit9n Parks and Open Space Commissioc, and Metropolitan
Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be
dmmftd to the appropriate arnbat . Meeting information is also available an the Metro Information Line at 229-3780 and
by computer modem through the Twin Cities Computer Network at 337-5400.
DATE: February 9,1996
WEEK OF: February 12 - February 16,1996
METROPOLITAN COUNCIL
Minnesota Regional Development Organization (MRDO) - Monday, Feb. 12, 10 a.m., Room IA.
Environment Committee - Tuesday, Feb. 13, 4 p.m., Chambers. The committee will consider. payment of
maintenance oasts in connection with acquisition of Columbia Heights interceptor; '"iroomcatal Services
1995 performance report, LCMR proposals update, sewer rate policy, and other business.
Airport Briefing/MAC and Metropolitan Council Members on Dual Track Recommendations -
Thursday, Feb. 15,230 - 9 p.m., Thunderbird Hotel, 2201 E. 78th St., Bloomington.
Public Meeting/On Dual Track Airport Plan to Receive Public Comment on Development of Future
Commercial Aviation Facilities - Thursday, Feb. 15, 6 p.m.—Informational Open House, 7 p.m., Public
Meeting, Thunderbird Hotel, Cherokee Roma, 2201 E. 78th St., Bloomington.
Livable Communities Action Planning Worksbop/Affordable and Life -Cycle Housing Fair - Friday,
Feb. 16, 8:30 - Noon (Developing Area Commtmities) and 1- 4:30 p.m., (Fully Developed and
Freestanding Communities), Guardian Angels Social Hall, 8260 Hudson Blvd., I-94 and Radio Dr.,
Woodbury.
TENTATIVE MEETINGS THE WEEK OF FEBRUARY 19 THROUGH FEBRUARY 23,1996
Presidents Day/Holiday. Council offices will be closed.
Public Meeting/On Proposed Procedures and Criteria for Selecting Requests for Regional Transit
Capital Funds - Tuesday, Feb. 20, 6 p.m., Chambers.
Public Meeting/On Transit Redesign - Tuesday, Feb. 20, 7 p.m., Chambers.
Chair's Small Group Breakfast Meeting - Wednesday, Feb. 21, 8 a.m., Sheraton -Midway, Bigelow's
Restaurant, I-94 at Hardline, St. Paul.
Transportation Advisory Board - Wednesday, Feb. 21, 2 p.m., Chambers.
(y,- 7
Public Meeting/On Transit Redesign - Wednesday, Feb. 21, 6 p.m., Minneapolis Public library, Heritage
Hall, 300 Nicollet Mall, Minneapolis.
Legislative Coordinating Committee - Thursday, Feb. 22,2:30 p.m., Room IA.
Metropolitan Council - Thursday, Feb. 22, 4 p.m., Chambers.
Committee of the Whole - Thursday, Feb. 22, 5 p.m., or immediately following the Camcil meeting, Room
IA.
The Metropolitan Council is located at Mears Paris Centre, 230 E. Fifth St, St. Paul. Meeting times and
agenda are subject to change. For more information, or confirmation of meetings, call 291-6447, (TDD 291-
0904). Call the Metro luformation Line at 229-3780 for news of Council actions and conning meetings.
METROPOLITAN SPORTS FACILITIES CONMSSION
Special Commission Meeting - Monday, Feb. 12, 8 a.m., Sheraton Midway, Minneapolis Room, I-94 at
Hamlin, St Paul. The commission will consider fitu a plans and specifications for 1996 Plaza Project Bid
Pack Throe Plaza Ftunmire, legislative issues and other business.
Capital Improvements Committee - Friday, Feb. 16, 10 a.m., HHH Metrodome, 900 S. 5th St,
Minneapolis. The committee will consider. equipment needs -cameras; microfiche project; budget ami
for banner Project; change order for plaza project; and other business.
The Metropolitan Sports Facilities Commission office is located at 900 South 5th St, Minneapolis, MN
55415. All meetings are held in the Commission office conference room, unless noted otherwise. Meeting
times and agendas occasionally may be changed. To verify meeting information, please call Judy Somas,
335-3310.
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DATE: February 9, 1996
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TO: Dwight Johnson, City Manager, through Fred oore, Director of Public Works
FROM: Kris Hageman, Solid Waste Coordinato+
SUBJECT: 1995 RECYCLING PROGRAM AND YARD WASTE PROGRAM FINAL
REPORT
The following information is the Final Report for the City of Plymouth Recycling and yard Waste
Program for 1995. Tonnages increased from 1994 by 245 tons and overall abatement increased by
1 % to reach 30% (does not include yard waste). Tonnages calculated from the curbside collection,
the drop-off center, multi -family housing and the two special collections totaled 6,773.5 tons with
the break down by collection as follows:
Curbside
5764.9
Drop-off Center
371.1
Multi -Family
575.3
Special Collections
62.2
Drop-off Phonebooks
N/A
GENERAL PROGRAM/RECYCLING OPERATIONS
Curbside Collection was available to all residents living in single to 8 unit dwellings on
Wednesdays, Thursdays, and Fridays. Materials accepted in our program include: tin and aluminum
cans, glass bottles and jars (clear, green and brown), plastic bottles with a neck, newspapers,
corrugated cardboard and miscellaneous papers (junk mail, catalogs, magazines, hard & soft cover
books and phone books). Boxboard material was added to the program in April. Although this
increased the types of miscellaneous papers accepted residents were limited to including only the 4
C's (cake, cracker, cereal and chip boxes). Residents are able to commingle all containers and are
required to separate newspapers from miscellaneous papers and corrugated cardboard. Participation
averaged 82%.
Beginning January 1, 1995, Hennepin County reduced its solid waste program funding by 57%. In
order to maintain the high level of services available to residents the city increased the residential
monthly solid waste service fee from $1 to $2.
r3AENG\501.1nWSnRFrVrt F1MFMn1Zlt7tocV VVT nnr
The contract with Waste Management - Savage was renegotiated and extended through December,
1998. The City now will receive discounts on curbside and drop-off recycling based on the market
value of newspaper and aluminum with twelve months of a locked in rate at 24% below the standard
rate. This reduction produced a significant savings for the twelve months from August, 1995 through
July, 1996, and plans were underway to reduce the monthly rate for recycling in anticipation of
continued high market value for newspaper and aluminum. Before the end of 1995 the value of
newspaper plummeted by aproximately $100 per ton, making it unlikely that the City will receive the
anticipated discounts after the twelve months of reduced rates ends. If markets for newspaper and
aluminum improve again, and appear stable it could indicate that consideration should again be given
to reduce the monthly recycling fee.
The Drop-off Center, located just south of the city's Maintenance Facility offers 24 hour access to
recycling opportunities for residents and small businesses. All items collected in the curbside
program are accepted at the drop-off center.
Residents also had the opportunity to recycle a variety of problem materials during two Special
Collections organized in April and September. Residents were able to recycle and/or dispose of
tires, mattresses/box springs, white goods (appliances), brown goods (t.v.'s, stereos, VCR's, etc.),
carpet/padding, bulky items (upholstered furniture), scrap metal, car batteries, fluorescent light
bulbs and miscellaneous household good (to Goodwill). Added to the collections in 1995 was
construction/demolition debris. The events were staffed with City employees and volunteers from
the community.
Residents also had the opportunity to purchase phosphorus free fertilizer at each special collection
day. The spring sale was coordinated with the Communities in Collaboration Council. The City of
Plymouth acted as fiscal agent and distributor for the project.
The City actively promotes the Hennepin County Household Hazardous Waste Facility in Brooklyn
Park. This facility accepts household hazardous wastes at no charge to residents.
PROMOTION/EDUCATION
A variety of outlets were used throughout the year to communicate to residents, businesses and
school children about waste management issues. These outlets include:
• Comprehensive Recycling Brochure: Updated/Reprinted recycling and yard waste programs
information. These were included in all new resident packets.
• Articles in the Plymouth News
• Expanded 5th and 6th pages in the Plymouth News devoted to waste management issues.
These pages appeared four times.
• Press releases in local community newspapers. Covering special events and/or program
changes.
• Presentations to classrooms or participation in schoolwide events.
• Increased involvement with the Environmental Quality Committee.
• Assisted in the development of a Phosphorus Free Fertilizer brochure used in conjunction with
two sales of no -phosphorus fertilizer.
• Increased involvement with the Twin West Chamber of Commerce.
• Participated in events planned by Plymouth Parks & Recreation:
■Participated in City information booth at Music In Plymouth
■Led "no -waste" craft project at Art Affair
■Led "no -waste" decoration craft at Old Fashioned Christmas
-;-la
In-house Education:
• Waste Reduction and Recycling Committee: established new recycling and trash container
system at all city buildings, promoted a reuse table and enhanced recycling information during P -
week; established Reuse Center in supply room and developed the Procurement Policy and
Action Plan for CC review.
• Articles in the Rock Report
YARD WASTE PROGRAM
The Plymouth yard waste site was open to residents from April to November. The site accepts
spring/fall lawn raking, leaves, soft vegetative garden waste and brush (up to 4 inches in diameter).
Total amount of material brought into the site was 5,000 cubic yards (500 tons) of leaves and 17,706
cubic yards (2,655 tons) of brush. The yard waste figures are not included in the overall abatement
rate.
If you have any questions or comments, please contact me or Margie at x5506.
Attachments: Please see attachment A for the complete 1995 tonnage breakdown by material and
attachment B for a complete Yard Waste Site overview.
attachments
cc: Margie Vigoren
G:\ENG\SOLIDWSnRECYCLE\MEMOS\DJ95RPRT. DOC
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Exhit'it B
PLYMOUTH YARD WASTE SITE
OVERVIEW: 1995
DATES OF OPERATION
SITE USAGE
April 1 through November 30
6 days a week
Deliveries to site by residents: 14950
Leaves: 5,000 cubic yards delivered by 4,996 vehicles
Brush: 17,706 cubic yards delivered by 8988 vehicles
Materials picked up by residents for use:
Compost: 721 loads (varying sizes)
Wood chips: 815 loads (varying sizes)
Wood mulch: 431 loads (various sizes)
MATERIAL DISPOSITION
■Fall leaves were hauled to Hennepin Parks for use as mulch around trees.
■Leaves and lawn rakings from spring were hauled to local farmer for soil amendment.
■ Wood mulch remains at the site for use by residents, with ongoing investigation with the
Minnesota Department of Transportation and other government units for potential use as
mulch or soil amendment.
DATE: February 12, 1996
TO: Dale E. Hahn, Director of Finance
FROM: Bob Pemberton, Risk Management Coordinator
SUBJECT: Open Meeting Law Defense Coverage
Effective April 1, 1994 the Plymouth City Council elected to purchase Open Meeting
Law Defense Coverage. The coverage was written through the League of Minnesota
Cities Insurance Trust and is still in effect.
The coverage will reimburse both elected and appointed City Officials for 80% of the
defense cost incurred by individual officials in defending Open Meeting Law Lawsuits. To
the best of my knowledge there is no other equivalent coverage available either through
the League or the Commercial Insurance Market.
The Open Meeting Defense Law Coverage is limited to a maximum reimbursement of
$20,000 per official with the following limitations:
1. It will cover the cost of defense but not the minimal fine for an intentional violation of
the act..
2. $20,000 is the maximum reimbursement an official will receive during the one year
policy period commencing April 1st of each year, regardless of the number of lawsuits or
the number of actual alleged violations.
3. The coverage doesn't apply to any fines for penalties for violating the Open Meeting
Law.
4. Any award that orders the City Official to pay for the opposing party's attorney's fees.
5. Defense cost incurred by the City if the City were also part of the Open Meeting Law
litigation.
Extended Hours Customer Service Log
'L- 1 C,
Date I Time I Department I Reason Ie
01/02/96
4:30
Park & Rec
Question about a class
Phone
01/02/96
4:34
Engineering
Pick up recycling bin
Walk-in
01/02/96
4:35
Administration
Homestead sent to Assessing)
Walk-in
01/02/96
4:35
Planning
Phone
01/02/96
4:35
Park & Rec
Question about a class
Phone
01/02/96
4:45
Finance
Homestead registered
sent from Information Desk
Walk-in
01/02/96
4:47
Administration
License insurance forms dropped
off
Walls -in
01/02/96
4:50
Park & Res
Question about speed skating
Phone
01/02/96
4:50
En ineerin
Question for Ron Quanbeck
Phone
01/02/96
4:59
Administration
Complaint about snoow removal
transferred to Engineering)
Phone
01/02/96
4:59
Engineering
uestion about recycling
Phone
01/02/96
5:00
Planning
Walk-in
01/02/96
5:00
Engineering
uestion about recycling
Phone
01/02/96
5:01
Engineering
Complaint about snow plowing
Phone
01/02/96
5:30
Park & Rec
Class registration
Walk-in
01/02/96
5:40
Park & Rec
Class registration
Walk-in
01/02/96
5:55
Park & Rec
Comment about lights at Parkers
Lake Skating Rink
Phone
01/09/96
Planning/Building
Phone
01/09/961
Planning/BuildingPlanning/Building
Inspection scheduled
Phone
01/09/96
Planning/Building Planning/Building
Appointment
Walk-in
01/09/96
4:30
Administration
Question about Public Safety
Dept.
Walk-in
01/09/96
4:30
Park & Recreation
Key problem reported by Mtce
Staff
Phone
01/09/96
4:30
Finance
Utility bill question
Phone
01/09/96
4:35
Administration
Building inspection query (sent to
Bldg Inspections)
Phone
01/09/96
4:40
Park & Recreation
Class registration
Walk-in
01/09/96
4:42
Engineering
Recycling Bin
Walk-in
01/09/96
4:47
Park & Recreation
Call for Eric Blank
Phone
01/09/96
4:48
Park & Recreation
Call for Eric Blank
Phone
01/09/96
4:49
Park & Recreation
Soccer question
Phone
01/09/96
4:50
Park & Recreation
Sailing question
Phone
01/09/96
4:50
Assessing
Question about square footage
transferred from front desk
Phone
01/09/96
4:55
Administration
Check on alarm permit
Phone
01/09/96
4:57
Administration
Query about ad on T.V.
Phone
Page 1
Extended Hours Customer Service Log T-- I CO
Date Time Department Reason e
01/09/96
5:00
Park & Recreation
Call for Larry Jacobson
Phone
01/09/96
5:03
Park & Recreation
Key problem resolved
Phone
01/09/96
5:25
Administration
Wanted telephone number of
County Workhouse
Phone
01/09/96
5:26
Administration
Wanted telephone number of
Metrolink
Phone
01/09/96
5:32
Administration
for notary services
Walk-in
01/09/96
5:34
Administration
-Request
Homestead question - receptionist
handled
Phone
01/09/96
5:47
Park & Recreation
Registration
Phone
01/16/96
4:35
Administration
New voter card filled out
Walk-in
01/16/96
4:36
Administration(Transferred
to Assessing)
Phone
01/16/96
4:40
Finance/Assessing
Homestead/abatement
Walk-in
01/16/96
4:40
Park & Recreation
Question about
Plymouth/Wayzata Youth
Baseball program
Phone
01/16/96
4:40
Park & Recreation
New residents picking up
Activities brochure
Walk-in
01/16/96
4:50
Administration
Transferred to Park & Rec
Phone
01/16/96
4:52
Administration
Transferred tp Park & Rec
Phone
01/16/96
4:55
Administration(Transferred
to Building)
Phone
01/16/96
4:55
Park & Recreation
Call for Mary Bisek - transferred
to voicemail
Phone
01/16/96
4:55
Park & Recreation
Call for Eric Blank - transferred
to voicemail
Phone
01/16/96
4:55
Park & Recreation
Question about jujitsu class
Phone
01/16/96
5:00
Building
Call for Carl s Schansber
Phone
01/16/96
5:00
Building
School project/general questions
Phone
01/16/96
5:01
Administration
Transferred to Building)
Phone
01/16/96
5:03
Finance
Payroll question
Phone
01/16/96
5:10
Finance
Water bill question
Phone
01/16/96
5:13
Park & Recreation
Picking up volleyball schedules
Walk-in
01/16/96
5:15
Building
Call for Anne Hurlburt
Phone
01/16/96
5:20
Finance
Payroll question
Phone
01/16/96
5:30
Administrationistration
Request for dog tags referred
Walk-in
01/16/96
5:38
Finance/Cashier
Dog license
Walk-in
01/16/96
6:00
Planning
Wetland & tree preservation
uestions
Walk-in
01/23/96
4:32
Administrationistration
Personnel application
Walk-in
01/23/96
4:40
Administrationistration
Replacement recycling bin
(directed to Engineering)
Walk-in
Page 2
Extended Hours Customer Service Log f4c,
Date Time Department Reason Type
01/23/96
4:43
Administrationistration
Park & Rec question transferred
Phone
01/23/96
4:45
En meerm
Replacement recycling bin
Walk-in
01/23/96
4:45
Park & Rec
Employee question
Phone
01/23/96
4:46
Administrationistration
Replacement recycling bin
directed to Engineering)
Walk-in
01/23/96
4:47
Park & Rec
Fire & Ice question
Phone
01/23/96
4:48
Planning
Setback for garage
Phone
01/23/96
4:57
Administrationistration
Replacement recycling bin
directed to Engineering)
Walk-in
01/23/96
5:00
Engineering
Replacement recycling bin
Walk-in
01/23/96
5:03
Administrationistration
Request for title record (directed
to Assessing)
Walk-in
01/23/96
5:05
Park & Rec
Class registration
Phone
01/23/96
5:10
Assessing
Mortgage question
Walk-in
01/23/96
5:10
Planning
Call for Carl s Schansberg
Phone
01/23/96
5:10
Administrationistration
Call for Assessing transferred
Phone
01/23/9615:10
Administrationistration
Call for Building Dept. transfer
Phone
01/23/96
5:15
Assessing
Request for legal description
Walk-in
01/23/96
5:15
Finance
Dog license
Walk-in
01/23/96
5:15
Building
Set up inspection
Phone
01/23/96
5:16
Engineering
Replacement recycling bin
Walk-in
01/23/96
5:16
Administrationistration
Dog license request (directed to
Cashier
Walk-in
01/23/96
5:16
Administrationistration
Replacement recycling bin
directed to Engineering)
Walk-in
01/23/9615:17
Park & Rec
Class registration
Phone
01/23/96
5:20
Finance
Dog license
Walk-in
01/23/96
5:32
Park & Rec
Class registration
Phone
01/23/96
5:55
Engineering
Replacement recycling bin
Walk-in
01/30/96
4:30
Administrationistration
Absentee voting
Walk-in
01/30/96
4:30
Building
Inspection performed
Field
01/30/96
4:35
Administrationistration
Call for John Keho (Transferred
to Planning)
Phone
01/30/9614:35
Building
Appl for permit
Walk-in
01/30/9614:40
Administrationistration
Drop-off for Engineering
Walk-in
01/30/9614:45
Engineering
Drop off bid for 1/31 opening
Walk-in
01/30/96
4:45
Finance
Permit issued at Cashier's desk
Walk-in
01/30/96
4:45
Building
Schedule inspection
Walk-in
01/30/96
4:48
Administrationistration
Question about Park & Rec
program transferred
Phone
01/30/96
4:50
Park & Rec
Question about "55 Alive" class
Phone
Page 3
Extended Hours Customer Service Log I G
Date I Time De artment ReasonI Type
01/30/96
5:00
Administrationistration
Absentee voting
Walk-in
01/30/96
5:00
Building
Inspection performed
Field
01/30/96
5:08
Park & Rec
Delivery of styrofoam cups
Walk-in
01/30/96
5:19
Administrationistration
Absentee voting
Walk-in
01/30/96
5:35
Administrationistration
Question about city population
Phone
01/30/96
5:40
Engineering
Pick up recycling bin
Walk-in
01/30/96
5:55
Park & Rec
Question about swimming at
Maple Grove
Phone
01/30/96
6:00
Administrationistration
Absentee voting
Walk-in
02/06/96
Building
Inspections performed
Field
02/06/96
Building
Inspections performed
Field
02/06/96
Building
Inspections performed
Field
02/06/961
Building
Inspections performed
Field
02/06/961
Building
Inspections performed
Field
02/06/96
4:36
Planning
Plat question
Walk-in
02/06/96
4:39
Administrationistration
Park & Rec question transferred
Phone
02/06/96
4:40
Park & Rec
Picnic shelter reservation
Phone
02/06/96
4:43
Building
Schedule inspection
Phone
02/06/96
4:44
Building
Schedule inspection
Phone
02/06/96
4:50
Park & Rec
Question about softball program
Phone
02/06/96
4:52
Park & Rec
Call for Rick Busch
Phone
02/06/96
5:10
Building
Question about office hours
Phone
02/06/96
5:10
Administrationistration
Question about poll location
Phone
02/06/96
5:10
Administrationistration
. Question for Building Dept.
transferred
Phone
02/06/96
5:19
Building
Schedule inspection
Phone
02/06/96
5:20
Engineering
uestion about recycling
Phone
02/06/96
5:25
Park & Rec
Message from Nancy Anderson
Phone
02/06/96
5:27
Park & Rec
Question about soccer program
Phone
02/06/96
5:34
Building
microfiche search
Walk-in
02/06/96
6:00
Engineenng Engineering
Pick up recycling bin
Walk-in
02/13/96
4:00
Building
Inspection performed
Field
02/13/96
4:00
Building
Inspection performed
Field
02/13/96
4:30
Building
In I spection performed
Field
02/13/96
4:30
Building
Inspection performed
Field
02/13/96
4:33
Park & Rec
Question about golf lessons
Phone
02/13/96
4:34
Park & Rec
Question about golf lessons
Phone
02/13/96
4:35
Finance
Permit issued at Cashier's Desk
Walk-in
02/13/96
4:35
Planning
Question about Pauling lots
Walk-in
02/13/96
!f�jFinance
Complaint about dog waste
transferred to CSO
Phone
Page 4
Extended Hours Customer Service Log 0.Ift fe,
Date I Time I Depart ent I Reason Ie
02/13/96
4:40
Building
Schedule inspection
Walk-in
02/13/96
4:40
Engineering
Drop off poster for
Environmental Fair
Walk-in
02/13/96
4:44
Park & Rec
Summer job application
Phone
02/13/96
4:45
Building
Schedule inspection
Phone
02/13/96
4:59
Administrationistration
Assessing Dept. request
Walk-in
02/13/96
5:00
Park & Rec
Late baseball program registration
- Plymouth/Wayzata
Walk-in
02/13/96
5:00
Finance
Homestead filing
Walk-in
02/13/96
5:00
Building
Inspection performed
Field
02/13/96
5:00
Building
Inspection performed
Field
02/13/96
5:03
Administrationistration
Request for recycling bin (sent to
Engineering
Walk-in
02/13/96
5:10
Park & Rec
Question about golf lessons
Phone
02/13/96
5:10
Building
Drop off permit application
Walk-in
02/13/96
5:12
Engineering
Pick up recycling bin
Walk-in
02/13/96
5:15
Assessing
Appraisals at home
Field
02/13/96
102/13/96
5:29
Administrationistration
Question for Park & Rec (sent to
Dept.)
Walk-in
02/13/96
5:30
Park & Rec
Question about golf lessons
Phone
5:40
Park & Rec
Dog license question - sent to
Cashier's desk
Walk-in
02/13/96
102/13/96
5:41
Finance
Dog license issued at Cashier's
Desk
Walk-in
02/13/96
5:45
Administrationistration
Public Safety request
Phone
5:50
Building
needed a CSO
Walk-in
02/13/96
6:15
Assessing
Appraisals at home
Field
Page 5
EXERCISE EQUIPMENT
JPs511/AYA\e l
Quality Foods For Busy People
Coffee Breaks - Febi
ST. LOUIS PARK -- Wednesday,
2nd Wind Exercise Equipment, 6819 Wayzata Blvd., i
Louisiana & 394; south side service road)
Twin Cities largest exercise equipment stores with 7 stores to
residential, commercial and institutional.
-Za
Y,
at
GOLDEN VALLEY --- Tuesday, February 13
Simek's Meats & Seafood, 7904 Highway 55, (Located in the Golden
Valley Shopping Center off Hwy. 55 and Winnetka Avenue)
Simek's is quality foods for busy people. Specializing in premium quality
meats, convenient entrees, great desserts and party trays.
CRYSTAL/NEW HOPE --- Wednesday, February 14
Olson Company, 5010 Hillsboro Avenue North (From the Texaco station at
the 169/49th Ave. exit, proceed north one block, then east one block, then
�ON north 1/2 block ---look for 200' cellular phone tower which sits on our
property)
aannars •aaipnara • BuaOara "Use this opportunity to enjoy a good cup of coffee, say hello and get your building/
remodeling questions answered - - - Current costs? Lead time required? How do
1 get started? Financial assistance available, etc."
r PLYMOUTH --- Tuesday, February 20
C 7 byy Cookies By Design, 10100 6th Avenue North, Suite 121, (Off Hwy. 55 in
kies x�... Design the Waterford Shopping Plaza by Badman's and next to Subway)
"The Sweetest Bouquet in Town"
Coffee Breaks run from 7:30-9:00 a.m. with no reservations!
MINNETONKA --- Wednesday, February 21
1p
Sylvan Learning Center, 11812 Wayzata Blvd., Suite 200, (From
SYLVAN
TwinWest continue on north frontage road approximately 1 mile to
immediate left
Marsh Run II, take right on Merrivale Drive and - on
LEARNING
second floor)
CENTER
Sylvan helps students improve their grades. Sylvan provides testing to determine
skill gaps and then writes a program to meet each student's need. Come and
see how Sylvan helps students succeed.
r--
HOPKINS --- Thursday, February 22
Hopkins Elks Lodge, 30 - 8th Avenue South, (Downtown Hopkins,
�f �4
mid block, Mainstreet & 8th Avenue South)
ELKDOM - American Values at Work!
WAYZATA --- Friday, February 23
Meridian Manor, 163 West Wayzata Blvd., (Located next to ,Redeemer
`iERIDIAN OR
Lutheran Church on the corner of Femdale and Wayzata Blvd)
A A4w Direrrioa in .Senior Living
"... we've opened the doors on a new concept for senior supportive living."
Coffee Breaks run from 7:30-9:00 a.m. with no reservations!
'L -2b
WEST SUBURBAN MEDIATION CENTER
1011 First Street South, Suite 200, Hopkins, MN 55343 (612) 933-0005 Fax: (612) 933-6046
February 9, 1996
Mayor and City Council
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mayor and City Council:
We apologize for the lateness of the fourth quarter, 1995, report on case activity
for the City of Plymouth. There were many reasons including the weather, training of new
mediators, hiring a new administrative assistant and three weeks of bronchitis for the
Executive Director.
Fourth quarter:
1. Juvenile theft, Operation de Novo (OdN) referral, mediated with signed
agreement
2. Juvenile vandalism, Plymouth PD referral, other party declined
3. Neighborhood, mediated with signed agreement
4. Juvenile assault, OdN referral, no response from other party
5. Business/consumer, Conciliation Court (CC) flyer referral, other party declined
6. Business/consumer, CC flyer, conciliated
7. Business/consumer, CC flyer, other party declined
8. Juvenile assault, Plymouth PD referral, conciliated
9. Juvenile assault, Plymouth PD referral, mediated with signed agreement
10. Juvenile assault, OdN referral, mediated with signed agreement
11. Juvenile assault, OdN referral, mediated with signed agreement
12. Juvenile assault, Juvenile Court referral, conciliated
In 1995, we opened 752 cases, (460 were Housing Court mediations), 668 were
mediated or conciliated, 2889 parties served (2597 participants and 292 information and
referral).
Thank you for reappointing Thomas Phillips to our Board of Directors.
Thank you for your support and interest in mediation.
Sincerely,
�� C)1�
Susan A. Nelson
Executive Director
Ocuryv�
OL -2G
DATE: February 12, 1996
1 t
TO: Anne, Craig, Dale, Dwight, Eric, Fred
FROM: Kathy
SUBJECT: AMM Legislative Update
Attached is information from AMM on the status of various pieces of legislation, for
your information.
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.League of Minnesota Cities
Cities promoting e=flenee
Number 5
Cities
February 9, 1996
Clinton signs Teleco Deregulation Act
Cities retain authority to play role in telecommunications changes
Ann Higgins
On February 8, President Clinton
signed into law the telecommunications
deregulation Act of 1996, one week
after Congress overwhelmingly
approved the measure. The act is
expected to transform the provision of
television, wireless, cellular and
traditional phone services as well as
computer on-line services and access to
the Internet.
The new law will alter the role
cities will play in providing access to
rapidly converging advanced voice,
video and data communication services
for residents, neighborhoods and the
delivery of public services to meet
local needs. The final conference
committee report includes provisions
assuring that cities have authority to
require newly emerging open video
system (OVS) operators to provide
public, educational and government
access. This requirement is similar to
the current federal laws that require
cable operators to provide channels for
those purposes under local franchise
agreements. The law also recognizes
local authority to manage public rights-
of-way and to charge fair and reason-
able compensation for their use. Those
provisions were hard-won, requiring a
tremendous lobbying effort undertaken
by the National League of Cities, the
U.S. Conference of Mayors, the
National Association of Counties, the
National Association of Telecommuni-
cations Officers and Advisors, and the
Alliance for Community Media.
The Telecommunications Act of
1996 directs the Federal Communica-
tions Commission to conduct rule
making proceedings to implement
provisions of the law. Two are of
particular interest to cities. One will
involve telephone company entry into
the video/TV market via open video
systems, which have replaced the video
dial tone applications submitted
previously to the FCC by regional bell
telephone companies. Telephone
companies providing video services are
regulated with as to how they deliver
service - wireless, cable, common
carrier or open video system. Telcos
offering OVS will be subject to Title VI
of the federal Cable Communications
Act if they offer two-thirds of their
capacity to unaffiliated programmers
Page 3 — City tax evasion?
Page 12 — Bill summaries
Is your city collecting state sales
A busy Legislature heard a slew
or use tax on garbage collection
of new bills as the deadline
and disposal?
approached for bills to receive a
committee hearing.
and meet a number of other conditions
set forth in Section 302 of the new
Telecommunications Act. Those
requirements include payment of fees
to cities in lieu of cable franchise fees,
although they would not be required to
obtain a franchise under Title VI.
See Telecommunications,
page 6
iague se
rn to the
Contents
Clinton signs Teleco Deregulation Act ....................................... 1
Is your city guilty of tax evasion ................................................ 3
Program ideas sought for regional meetings .............................. 3
Recommendations made by the speed limits and
highway safety report............................................................. 4
4MFund update......................................................................... 4
Higher energy prices may equal lower property taxes .............. 5
Two bills would grant property tax abatement
authority.................................................................................. 5
Model noise control ordinance available from League .............. 6
Legislation takes up recommendations for access
to government information...................................................... 7
Limited drug and alcohol exemption offered to cities
with less than 3,000 population ............................................... 7
Minnesota Pollution Control Agency to adopt lead
paint removal rules.................................................................. 8
Improving Community Life Committee invites new
members................................................................................. 8
Input sought on proposed changes for water and sewer
systemsfunding...................................................................... 9
MnDOT considering rules governing state railroad
operations................................................................................ 9
League of Minnesota Cities 1996 Legislative Conference
Program and Registration..................................................... 10
Bill summaries.......................................................................... 12
Training/Conferences............................................................... 24
Municipalads........................................................................... 26
The Cities Bulletin is a publication of the League of Minnesota Cities and includes
an update of state legislative, administrative and congressional actions that affect cities.
Executive Director Editors Typesetting and design
Jim Miller Tim Busse Gayle Brodt
Erica Norris
Associate Executive Director Circulation
Sharon Klumpp Laurie Brown
League of Minnesota Cities, 145 University Avenue West, St. Paul, MN 55103
Phone: (612) 281-1200; (800) 925-1122; Fax: (612) 281-1299; TDD: (612) 281-1290.
Page 2
I doo Id
1996 League of Minnesota Cities
Action Agenda
LOCAL GOVERNMENT AID
Continue to use the implicit price deflator to
maintain LGA at a constant, inflation adjusted
level and provide additional state resources for
further increases in LGA to reverse the rapid
growth in reliance on the property tax.
TRANSFERS OF LGA/HACATO SCHOOLS
Identify sources other than transfers from city
property tax relief programs to fund increases in
the state's share of school revenue.
LEVY LIMITS AND PROPERTY TAX FREEZE
Trust and support the local decision making
process by not imposing levy limits or a property
tax freeze on cities.
SALES TAX ON LOCAL GOVERNMENT PURCHASES
Reinstate the sales tax exemption for all local
government purchases. / page 3
UNFUNDED MANDATES
Review and modify or repeal existing unfunded
mandates. No additional statewide mandates
should be enacted unless full funding is
provided. Cities should not be required to
comply with unfunded mandates, and cities
should be given flexibility in implementing
mandates to ensure their cost is minimized.
GROWTH MANAGEMENT ANDANNEXATION
Adopt measures that will limit unplanned and
uncontrolled urban growth and support the
existing framework for guiding growth and .
development. Local plans and controls adopted
by local governments should form the basis of a
statewide planning process.
TAX INCREMENT FINANCING
Evaluate recent modifications to tax increment
statutes before making further restrictive
changes. Any property tax reform proposal must
include a provision to hold harmless existing tax
increment financing districts. / page 5
HACA GROWTH
Reinstate the household growth adjustment and
establish an inflationary adjustment for future
city HACA distributions.
ECONOMIC DE V E LOPMENT PROGRAMS
Contribute any LGA/HACA tax increment
penalties to the Economic Recovery Grant Fund;
continue the fund and establish clear rules to
govern its use.
STATE AID ROADS IN CITIES UNDER 5,000
Modify state law to encourage cooperation and
improved transportation systems by allowing
contiguous cities to be eligible for Municipal
State Aid.
aPrinted on recycled paper
LMC Cities Bulletin
'C -ZdSAWO
Is your city guilty of tax evasion?
Joel Jamnik
On January 1, 1990, public and
private mixed municipal solid waste
collection and disposal services became
subject to the state sales or use tax. The
purpose of extending the tax to these
garbage collection services was to raise
money for county and city waste
management and recycling programs.
All customers, except the federal
government and Indian tribal govem-
ments, are required to pay the tax on
these services. The services are also
taxable if they are billed directly to the
customer by public or private trash
haulers, or paid for through city utility
fees or general tax assessments. For
those cities that both bill residents and
pay a portion of the collection -cost
through taxes or another subsidy
source, a 1995 statutory amendment
makes it clear that the sales tax is to be
calculated based on the total cost of
providing the service and not just on
the directly charged customer portion.
Recent Department of Revenue
audits of local governments have found
widespread noncompliance with the
law. Some of the noncompliance is due
to the law's complexity. For instance,
the law does not tax charges for
collecting and managing recyclable
materials that are separated by the
customer, nor does it tax certain fees
and surcharges imposed by city or
county governments. The list of
exemptions was increased in 1995 to
make the following fees and surcharges
tax-free: waste education materials and
information, fees for household
hazardous waste programs, and fees to
reimburse counties or cities for
litigation or court costs.
The Department of Revenue has
contributed to the problem by taking
the position that the cost of certain city
or county activities should be deemed
to be part of "providing the service" of
garbage collection and, therefore,
taxed. For instance, if a city contracts
with a private hauler to pick up
residents' garbage, the city's staff -time
February 9, 1996
and the expenses incurred from
working with the hauler should be
calculated. The tax should be imposed
on this amount. Obviously, if the city -
cost is billed to the customer by the city
or hauler, the calculation is fairly easy.
However, if the only amount billed is
the amount turned over to the hauler by
the city, there is probably a tax liability.
I would suggest that city officials
take the following test to determine
whether your city has complied with
the law: if you understand what this
article has stated so far, there is a 50
percent chance your city has not
collected the tax correctly. If you don't
have a clue what I'm talking about,
there is a 99.9 percent chance that your
city has overpaid or underpaid your
taxes.
Because the problem is worse for
counties than cities, the Association of
Minnesota Counties is taking the lead
in pursuing a legislative solution.
However, the "solution" that seems
most likely to succeed is not one of tax
forgiveness or statutory clarification,
but rather only a credit for overpay-
ments and a five year payment window
for underpayments.
City officials could help the
League and their community by
conducting a small self -audit. Ask or
determine whether your city provides
garbage collection service, either
directly or indirectly. Then determine
what, if anything, your city does in
connection to the provision of the
garbage collection service. Finally,
determine if what your city does is
exempt. If it is not exempt, determine
whether your city has been collecting
or charging the appropriate sales tax. Ir
Program ideas sought for
regional meetings
Duke Addicks
The League of Minnesota Cities would like to hear your ideas for
the subject of the evening portion of the fall regional meetings. Last
year, the evening meeting concentrated on the issue of termination of
employees. A video was developed, round table discussions were held,
and League staff knowledgeable on the proper way to terminate employ-
ees answered city officials' questions. At the 1994 regional meetings,
the open meeting and ethics laws were the subject of the special
program.
At the 1996 regional meetings, we would like to have an in-depth
discussion on a different subject that is of interest to city officials. If
you have any suggestions as to what the content of the educational
special program portion of the regional meetings should be, please let us
know as soon as possible. League staff are discussing several possibili-
ties including the conflict of interest and contracting laws, and the
relationship between the chief administrative officer and the city
council. But your ideas are needed. Call, write or e-mail your sugges-
tions to: Duke Addicks, Director Member Services, (612) 281-1221,
(800) 925-1122, or addicks@lmnc.org. Ir
Page 3
fo 40 Z.J
Recommendations made by the speed limits and
highway safety report
Speed limits should be raised, and
not wearing a seatbelt should cost
more, according to a special task force
formed by the commissioners of
transportation and public safety.
Plymouth Mayor Joy Tierney repre-
sented the League of Minnesota Cities
on the joint agency task force that
looked at speed limits and road safety
issues.
The task force considered informa-
tion provided by the task force staff,
from presentations made by department
staff, judiciary personnel and insurance
agency staff, from public testimony,
and from task force members' indi-
vidual and independent study. With the
information in hand, the task force
made the following recommendations.
• The maximum speed limit on rural
interstate freeways should be
increased to 70 mph.
• The maximum speed limit on
urban interstate freeways and other
urban freeways should be in-
creased to 65 mph.
• The maximum speed limit on
multi -lane, divided highways
should be increased to 65 mph.
• The maximum speed limit on rural
two-lane, two-way highways
should remain at 55 mph.
• The Dimler Amendment should be
repealed and any attempts to
introduce similar legislation should
4M Fund update
An investment alternative sponsored by
the League of Minnesota Cities
What is the 4M Fund?
The 4M Fund is a short-term money market fund specifically designed to address the
comprehensive cash management needs of Minnesota cities and their instrumentalities.
Backed by the objectives of providing safety, liquidity and a competitive yield, the Fund is
comprised of the highest quality, short-term investments allowable under Minnesota
Statutes 475.66.The short-term nature of the Fund serves to minimize the effect of changes
in interest rates.The Fund is managed and serviced by Insight Investment Management and
MBIA -Municipal Investors Service Corporation. A fixed rate program administered by Dain
Bosworth Incorporated is available to 4M Fund participants, offering such alternatives as
certificates of deposit, U.S. Treasury and agency securities and commercial paper.
Dally Rates— January 29 through February 2, 1996
'Interest rates are net of all applicable fees.
Daily Interest compounding, free checking, Automated Clearing House (ACH) payment systems and
investment educational opportunities are among the services offered by the Fund. For more Information,
please call Stefanie Adams of Insight Investment Management at (800) 333-0813 or (612) 371-7275.
Page 4
be opposed.
• The commissioner of transporta-
tion should continue to have the
authority to raise or lower speed
limits from the statutory values
based on engineering studies that
determine reasonable and safe
speeds.
• Failure to use seat belts should be
changed to a primary offense.
Legislation on this change should
include a component that empha-
sizes safety education. The
legislation should also specifically
include the use of child restraints
for primary enforcement. The
current funding mechanism that
directs revenues from seat belt
fines towards seat belt education
programs should be retained.
• The House and Senate Transporta-
tion Committees should initiate
research on the use of headlights
during the daytime.
• If any of the recommended speed
limit changes are implemented, the
Transportation and Public Safety
Departments should file an annual
joint report with the chairs of the
Legislature's transportation
committees that identifies the
impacts of the changes, beginning
in 1997.
• The Department of Transportation
and the Department of Public
Safety should be encouraged to
work with safety groups and
organizations to enhance and
promote traffic safety education.
• The Department of Public Safety
should research and study the issue
of graduated driver licensing and,
if appropriate, develop a proposal
to implement such a program.
Many of these issues have been
drafted into bill form and are being
discussed by the Legislature. Ir
LMC Cities Bulletin
Interest
Fund Average
Date
Rate'
Maturity
1/29
5.14%
11 days
1/30
5.12%
15 days
1/31
5.04%
18 days
2/01
5.49%
15 days
2/02
5.000/0
18 days
'Interest rates are net of all applicable fees.
Daily Interest compounding, free checking, Automated Clearing House (ACH) payment systems and
investment educational opportunities are among the services offered by the Fund. For more Information,
please call Stefanie Adams of Insight Investment Management at (800) 333-0813 or (612) 371-7275.
Page 4
be opposed.
• The commissioner of transporta-
tion should continue to have the
authority to raise or lower speed
limits from the statutory values
based on engineering studies that
determine reasonable and safe
speeds.
• Failure to use seat belts should be
changed to a primary offense.
Legislation on this change should
include a component that empha-
sizes safety education. The
legislation should also specifically
include the use of child restraints
for primary enforcement. The
current funding mechanism that
directs revenues from seat belt
fines towards seat belt education
programs should be retained.
• The House and Senate Transporta-
tion Committees should initiate
research on the use of headlights
during the daytime.
• If any of the recommended speed
limit changes are implemented, the
Transportation and Public Safety
Departments should file an annual
joint report with the chairs of the
Legislature's transportation
committees that identifies the
impacts of the changes, beginning
in 1997.
• The Department of Transportation
and the Department of Public
Safety should be encouraged to
work with safety groups and
organizations to enhance and
promote traffic safety education.
• The Department of Public Safety
should research and study the issue
of graduated driver licensing and,
if appropriate, develop a proposal
to implement such a program.
Many of these issues have been
drafted into bill form and are being
discussed by the Legislature. Ir
LMC Cities Bulletin
Higher energy prices may equal lower property taxes
Gary Carlson
Senator Steve Morse (DFL -
Dakota) introduced a bill that would
increase taxes on carbon -based fuels
and use the proceeds of these increased
taxes to reduce property and payroll
taxes.
S.F. 2721 is another in a growing
list of ideas to dramatically alter the
way the state finances its operations
and indirectly change the way cities
and local units of government finance
their services. According to Senator
Morse, the bill is designed to be
revenue -neutral. In other words, all
other additional revenues generated
from the carbon tax would be used to
lower property and payroll taxes.
The tax would be assessed based
on the carbon content of fuels prior to
burning and would be phased -in over a
five year period. Initially, gasoline
would have a 2.6 cent per gallon
carbon tax and, when fully phased in,
the per gallon tax would be 13 cents.
The tax on other fuels and electricity
would be similarly phased in.
The carbon tax is intended to
encourage energy conservation.
Currently, Minnesota imports nearly all
energy consumed in transportation,
manufacturing, heating and other
functions. This proposal would
effectively slow the stream of dollars
leaving Minnesota.
Under the proposal, one-half of the
carbon tax revenue will be used to
reduce property taxes, and the other
half will be used to refund payroll taxes
to employers and employees. The
property tax reductions would be
accomplished by reducing the educa-
tion property tax levy and reducing the
class rates on commercial and indus-
trial properties. The payroll tax
reductions would be split between
employers and employees.
According to property tax esti-
mates prepared by Senate Council and
Research, the net tax on commercial
and industrial properties would be
reduced by approximately 26 percent
statewide, while residential homestead
and apartment property taxes would be
reduced by between seven and nine
percent statewide. Although the
property tax reductions for homestead
properties would be less than commer-
cial and industrial properties, the
burden of the new energy tax would
fall more heavily on certain types of
business and industrial property.
Like other major reform proposals,
Senator Morse's proposal will likely
receive no action this session. How-
ever, considering this proposal and the
preponderance of other major taxation
reform proposals, major reform of the
state/local fiscal system is on the
horizon. r
Two bills would grant property tax abatement authority
Andrea Atherton
Representative Jim Rostberg (R-
Isanti) has introduced a bill that would
give cities, counties and townships, the
authority to abate property taxes for
improvements made to commercial and
industrial properties. The improve-
ments could include new construction,
reconstruction, rehabilitation or
additions that increase the value of the
property by at least $5,000. The
maximum abatement amount would be
50 percent of the jurisdiction's levy.
From a procedural standpoint, the
governing body would enter into a
proposed abatement agreement with
the taxpayer (for a term of up to three
years), publish notice, hold a public
meeting, adopt a resolution in support
of the abatement agreement, and notify
the county auditor and assessor of the
amount and terms of the agreement.
The jurisdiction's proposed levy would
be required to include an estimated
amount sufficient to pay the abate -
February 9, 1996
ments granted for taxes payable in the
subsequent year. This estimated amount
could not exceed five percent of the
levy for the current year. Additionally,
levies for abatements would be limited
to the greater of 110 percent of the
levies for abatement in the current year
or $100,000. The bill would apply to
taxes payable in 1997 and thereafter.
Another bill, introduced by
Representative LeRoy Koppendrayer
(R -Princeton) would give certain
counties the authority to abate property
taxes for improvements made to
commercial and industrial properties.
The improvements would have to
increase the value of commercial
property by at least $400,000 and of
industrial property by at least $100,000
with aggregation of improvements
allowed for adjacent parcels. The
maximum tax abatement would be the
difference between the abating county's
tax rate and the tax rate of the county
situated geographically closest to the
property. The county board would enter
into an abatement agreement with the
taxpayer for a maximum of 10 years. If
the property in question is located in a
tax increment financing district, the
abatement agreement would have to be
approved by the municipality. The bill
would apply to taxes payable in 1997
and thereafter.
The League has a policy generally
supporting the authority of cities to
grant property tax abatements. How-
ever, a potential concern exists with
respect to the impact of such authority
on the use of tax increment financing.
Specifically, abatement authority
should not replace the tax increment
tool, nor should abatement agreements
impinge on existing TIF agreements.
The Rostberg bill currently does not
contain language that would hold
harmless existing TIF districts. League
staff is working with Representative
Rostberg to have similar language from
the Koppendrayer bill added to
Rostberg's bill. Both bills are in the
taxes committee. r
Page 5
Telecommunications,
continued from page 1
In addition, OVS operators would
be subject to local authority to manage
public rights-of-way. The federal
Telecommunications Deregulation Act
protects pre-emption of local authority
over public rights-of-way by exempt-
ing local governments from restrictions
in the bill that bar any state or local
laws from prohibiting the ability of any
provider from delivering telecommuni-
cations services.
Local cable franchise authorities
(cable commissions) are restricted from
regulating cable entry into telecommu-
nications service delivery, but local
governments may require cable
companies to obtain separate certifica-
tion to offer such services. Local
authority to require public education
and government and Internet provi-
sions in local cable franchises is
specifically exempted from such
restrictions, and allows cities to
continue enforcing local franchise
agreement provisions.
The biggest change in cable
regulation are found in Section 301.
Cable programming service rates will
be deregulated by March 31, 1999, for
franchises with more than 50,000
subscribers. For small cable systems
with 50,000 or fewer -subscribers, rates
are deregulated immediately but rates
for basic cable service will continue to
be regulated in areas without effective
competition. The new law also expands
that definition, providing that effective
competition exists when a local
telephone company, affiliate, or other
video programming distributor using
telco facilities offers comparable video
programming. At the 1996 MACTA
Annual Conference in late January,
Nick Miller, a nationally -known
attorney who has worked on cable rate
regulation and telco entry into cable,
predicted that home telco video
services are as many as five years away
for many areas of the country.
Local government zoning and
wireless facilities siting concerns were
also addressed.
Section 704 recognizes that cities
have authority to determine placement
of both mobile and wireless common
carrier tower and antenna sites and bars
the FCC from pre-empting most local
government zoning decisions. If
wireless and mobile service providers
comply with FCC regulations regard-
ing radio frequency emissions, how-
ever, local authority may not further
restrict facility placement on the basis
of environmental effects.
The language of the conference
committee report does confirm local
authority to tax direct broadcast
satellite (DBS) equipment sales and
levy property taxes on facilities. The
FCC is granted full authority to
Model noise control
ordinance available from
League
An updated Model Noise Control Ordinance is now available from
the League's Research Service. As revised by the noise specialist for
the Minnesota Pollution Control Agency, the memo provides a long
and a short version of an ordinance with comment sections and
references to the relevant statutes. Call the Research Service at (612)
281-1220 to receive your complimentary copy. Ir
Page 6
regulate provision of services. Local
government is barred from taxing
services delivered to homes or busi-
nesses by DBS providers.
Consumer organizations opposed
the telecommunications reform
legislation because they fear deregula-
tion will lead to monopolies in the
provision of services, rather than
encourage competition. Consumer
organizations are also concerned that
deregulation of cable rates will likely to
lead to higher costs for cable subscrib-
ers as FCC rate controls are eliminated.
Senator Wellstone voted against S.
652 because he was not convinced that
the legislation ensured true competition
and thinks that advanced technology
for delivering voice, video and data
will be widely available regardless of
geographic location or income.
Wellstone's statement on the Senate
floor illustrates the dilemma. The bill
represents an increased opportunity for
telecommuting; access to information,
educational services, consulting and
telemedicine applications for rural
health care providers. But, Wellstone
argued, that the legislation did not go
far enough to ensure competition,
protect consumers and provide mea-
sures to avoid monopolistic practices.
Wellstone faulted the bill's failure to
include antitrust circuit breakers and
measures to ensure that rates remain
affordable and that services are
available to low-income and sparsely
populated locations.
Seventh district Congressman
Collin Peterson also voted against the
conference committee report on S. 652.
Peterson's office indicated that the last-
minute maneuvers to bring the lengthy
and far-reaching provisions to a vote
resulted in changes in the TV and radio
broadcasting portions of the bill aimed
at market expansion. Small TV and
radio broadcast station owners in the
Seventh Congressional District raised
serious concerns over language that
made it more likely that smaller
broadcasting companies would be
eliminated by much larger broadcasting
and media conglomerates in future
take-overs and consolidation moves. it
LMC Cities Bulletin
Legislation takes up recommendations for access
to government information
Ann Higgins
Legislation introduced last week in
both the House and Senate would enact
principles for the management of
government information and citizen
access to that information, including
information services provided at the
local level. No specific implementation
strategies or recommendations are
included in the legislation, but the
Government Information Access
Council, which recommends adoption
of the principles listed below, is
expected to propose legislation to fund
a work program that will determine
how to put the principles into effect.
Representative Virgil Johnson (IR -
Caledonia) introduced H.F. 2572 which
proposes changes in how cities manage
information. Cities' management of
information and delivery of services
would be affected by the following
recommendations that apply to all units
of government:
• Access to government information
(which includes government data
that is collected, created, main-
tained, received or dissemir. t d) is
a fundamental right; IV
• Providing access to and dissemi-
nating information are essential
government functions;
• Public access to government
information must be free -- any
charges must not exceed marginal
costs;
• Citizens must have equitable and
affordable access to government
information, regardless of geo-
graphic, physical, mental, cultural,
socio-economic or other barriers;
• All levels of government must
comply with and enforce the
Minnesota Data Practices Act and
other state laws that pertain to
information access;
• The right to privacy must be
maintained and protected in the
context of changing technology;
• To the greatest extent possible,
government information must exist
in the public domain;
_Tannary 9. 1996
• All units of government must
ensure that their employees and
citizens have the tools, applica-
tions, training and support for
electronic access;
• Information technology and local -
and wide -area computer networks
are to be used to promote interac-
tion among citizens, units of
government, business and
organizations;
• Citizens are to be enabled and
encouraged to be producers as well
as consumers of electronic
information and services;
• State government must ensure that
all citizens in Minnesota have the
benefit of access to electronic
communications services in the
areas of education, health care,
business, culture, community and
government information that is
necessary to support and help
individuals, businesses and
communities thrive -- without
regard to economic or geographic
barriers;
Competition among many tele-
communications service providers
("effective competition") is
essential to provide sufficient
access and interactive use of
government information and
services in electronic form.
The bill is cosponsored by
Representatives Phyllis Kahn (DFL -
Minneapolis) and Steve Kelley (DFL -
Hopkins). Rep. Kahn chairs the House
Governmental Operations Committee,
where the bill will be heard. Rep.
Kelley serves with Rep. Johnson on the
Government Information Access
Council and is the vice chair of the
House Regulated Industries Commit-
tee, where he has taken a strong interest
in developing goals for statewide
access to emerging communications
services. Senator Ted Mondale (DFL -
St. Louis Park) has introduced the
Senate companion measure, S.F. 2426
which has been referred to the Senate
Governmental Operations Committee.
Senators Dennis Frederickson (IR -New
Ulm) and Phil Riveness (DFL -
Bloomington) are cosponsoring S.F.
2426.
The same lawmakers have also
introduced legislation (H.F. 2573/S.R
2422) that would provide funding for
the Government Information Access
Council. The money would be used to
develop recommendations on statewide
telecommunications and information
access, and implement public/private
inter -operable communications for
access to information and services.
(For more information, see summaries
of both bills in this Bulletin.) t
Limited drug and alcohol exemption offered
to cities with less than 3,000 population
Eric Willette
The National Highway System Designation Act of 1995 offers a limited
exemption to the federal regulations that require drug and alcohol testing of
employees with commercial drivers licenses. The new law contains a provision
waiving the testing requirements for certain employees of cities with a total
population of 3,000 or less. Exempted are temporary employees who engage in
snow and ice removal when the employee who ordinarily operates the snow
removal vehicle is unable to operate the vehicle or needs additional assistance due
to a snow emergency. The regular employee(s) must still meet the federal com-
mercial drivers requirements, including drug and alcohol testing, contained in 49
U.S. Code Chapter 313. Because the exemption is limited to temporary employ-
ment situations in small cities, it is not expected to significantly reduce the cost of
this federal mandate. Y
1341 mm '7
Minnesota Pollution Control Agency to adopt
lead paint removal rules
Joel Jamnik
The Minnesota Pollution Control
Agency (MPCA) will soon adopt rules
governing the removal of lead paint
from steel structures, including city
bridges and water towers. A public
hearing on the proposed rules sched-
uled for February 6 was cancelled
when less than 25 people filed a
request for the hearing.
According to MPCA, the rules are
directed at preventing contamination
with lead paint particles as a result of
lead paint removal from exterior
surfaces of steel structures. The rules
address different methods of removal
and provide generally less stringent
requirements of containment for
vacuum blasting, power and hand tools,
chemical stripping, and wet abrasive
blasting since these methods have less
potential of causing environmental
contamination.
The agency estimates that compli-
ance with the rules could cost an
average of $2.50 per foot of steel
surface for bridges and with 7,925 steel
bridges in Minnesota, the total cost for
compliance is estimated at $110 million
for MnDot bridges on state and federal
highways and $150 million for city,
county and township bridges. The
agency also estimates that there are
1,000 steel municipal water storage
tanks in Minnesota that will eventually
average $30,000 for pollution control
per tank. With an estimated 50 tank
painting projects a year, the rules
would cost the state $1.5 million per
year, or $30 million over 20 years, to
safely remove lead paint from all water
tanks. For further information, contact
Norma Coleman at the MPCA, (612)
296-7712. Ir
Improving Community Life Committee invites
new members
Ann Higgins
City officials interested in serving
on the LMC Improving Community
Life Committee are urged to attend the
next committee meeting scheduled for
Friday, February 16 from 11:30 a.m. to
2 p.m. at the League office.
Committee Chair Fran Hesch,
councilmember Hopkins, has sched-
uled time for a discussion of the future
direction of the committee's work
program. The committee has focused
on developing policy that emphasizes
citizen involvement, family and youth
concerns, and the need to support local
efforts aimed at building livable
communities.
The League's policy on commu-
nity life underscores the importance of
state and federal legislation to enhance,
Page 8
not diminish, the capacity of citizens,
business and local government to work
in partnership to make communities
livable. The League evaluates proposed
legislation to determine whether it
helps cities become livable communi-
ties where residents share common
values like diversity, good citizenship,
mutual respect, safety and community -
building, and have access to informa-
tion, good paying jobs, affordable
housing and health care, transportation
choices, and cultural and recreational
activities.
The committee will re-examine the
Active Citizenship Initiative that began
last fall under the direction of Senate
Majority Leader Roger Moe and
Lieutenant Governor Joanne. Benson.
The League is exploring the possibility
of including this topic -- engaging
citizens in local decision-making -- as
part of the program for the Leadership
Institute for Elected Officials and is
interested in publicizing local citizen-
ship involvement projects.
The Minnesota Extension Service
Civic Leadership Team has undertaken
a civic initiative aimed at establishing
demonstration sites focused on a
variety of problems ranging from
inadequate infrastructure at the county
level, to efforts supporting family
service collaborations, to ways of
addressing local problems and building
a strong civic base.
If you are interested in serving on
the Improving Community Life
Committee, please contact Ann
Higgins, IGR Representative, at (612)
281-1257. iii
LMC Cities Bulletin
Input sought on proposed change for water
and sewer systems funding
Ann Higgins
Rural Economic and Community
Development (RECD), formerly the
Farmers Home Administration, is
looking for ways to stretch loan and
grant dollars for water and sewer
systems in Minnesota. RECD State
Director Janice Daley has suggested
that the agency can achieve a five to 10
percent increase in the number of
projects funded by changing state law
and increasing the maximum term a
city or other public body can issue a
bond or other debt from 30 to 40 years.
Senator Steve Morse (DFL -
Dakota) and Representative Steve
Wenzel (DFL -Little Falls) have
authored legislation that would
accomplish this change. S.F. 2166/H.F.
2680 propose to allow revenue and
general obligation bonds to be issued
for up to 40 years for municipal water
and wastewater treatment system loans
financed or guaranteed by the United
States Department of Agriculture, the
RECD's parent agency. The bill
received its first hearing on Wednesday,
February 7.
Arguments for the amendment to
allow 40 year bonds include:
• The longer term would result in
less annual cost to water and sewer
system users;
A jurisdiction could qualify for a
larger loan with the same level of
annual debt service;
The RECD could use less grant
money and consequently serve
more communities;
The payment for the project
would, at least in some cases, more
closely match the useful life of the
project and avoid some of the
shifting in financing burdens that
occurs when a water tower with a
40 -year useful life is paid for over
only 30 years.
are:
Arguments against the amendment
While the annual costs would be
reduced, the total cost of financing
the project would increase due to
additional interest payments;
There is a greater chance for errors
in matching up the useful life of an
improvement with a 40 -year loan
than with a shorter term loan,
making it more likely that a system
or project will become obsolete or
need replacement prior to its debt
being retired;
While some cities would perhaps
like the optica of financing over a
40 -year period, the RECD pro-
posal would generally require a
40 -year term, unless there is an
exceptional case where circum-
stances justify making a loan for
less than the maximum term
permitted and where these circum-
stances can be fully documented.
League staff and representatives
from the Association of Small Cities
have been asked for input into the
proposed change. At this time, the
proposal makes sense as an option for
cities to consider, as long as the RECD
allows for flexible repayment terms
that meet the communities' needs.
Because of the time crunch of this short
session, it is important that we receive
any feedback regarding this proposal as
soon as possible. Please leave a
message for Ann Higgins (612) 281-
1256, or Nancy Larson (612) 275-
3130. Please let us know if we should
support or oppose this proposal. it
MnDot considering rules governing state
railroad operations
Joel Jamnik
The Minnesota Department of
Transportation is seeking information
or opinions from sources outside the
agency as they prepare to propose rules
governing railroad operations in
Minnesota.
The proposed rules will establish
criteria, as authorized by Minnesota
statute, for the following: establish-
ment, vacation, relocation, consolida-
tion and separation of grades at public
grade crossings; minimum standards
for visibility at public and private grade
crossings; and minimum safety
standards for private grade crossings.
The proposed rules make revisions to
the existing rules governing the rail
service improvement program, the state
rail bank program, the rail user and rail
carrier loan guarantee program, and
other rules affecting railroad
operations.
Groups and/or individuals likely to
be affected by these rules include: rail
carriers, regional railroad authorities,
local units of government, possibly
other state agencies, and shippers who
use rail carriers. Many cities have had
difficulties constructing or repairing
grade crossings for roads and trails, as
well as with speed or whistle blowing
issues.
Anyone interested may submit
data or views on the subject matter in
writing or orally. Written statements
should be mailed or faxed to: Robert
Swanson, Office of Railroads and
Waterways, Mailstop 470, 395 John
Ireland Blvd., St. Paul, MN 55155,
FAX: (612) 297-1887. Oral statements
will be accepted during regular
business hours at (612) 296-2472 or in
person at the above address until
February 9, 1996. A draft of the
proposed rules may be obtained by
contacting Robert Swanson. t
February 9, 1996 Page 9
League of Minnesota. Cities
1996 Legislative Conference
I - Ld
Thursday
February 29, 1996
St. Paul
Be sure to attend this year's Legislative Conference to
receive important information about the 1996 legislative
session and to meet with your legislators at the Capitol.
Program
8:45 Welcome
Jim Miller, LMC Executive Director
Karen Anderson, LMC President, Minnetonka Mayor
9:00 Property Tax Reform Proposals
Representative Ann Rest, Chair of the House Taxes Committee
Senator John Hottinger
10:00 Break
10:15 Legislative Updates
League IGR Staff
Mandates and State Preemption Issues
Mandatory State Licensing
Caps or Reductions on Liquor Licensing Fees
Tobacco Regulation
Telecommunications Developments
Transportation and Transit Funding
Fiscal Issues and Property Tax Reform
11:30 Lunch
Education Finance: What is the City Interest?
Speaker to be determined
1:00 - 2:30 Meeting with Legislators at Capitol
We encourage attendee to call their Representative and Senator and schedule a meeting during
this time slot. If you need help scheduling a meeting, please call Mickey Ojard at the League at
(612) 280-1261.
1:30 Begin Tours of the new League of Minnesota Cities Office
3:00 Building Dedication
3:45 - 5:00 Tours and Computer Demonstration
Page 10 LMC Cities Bulletin
2-zd
1996 Legislative Conference
Thursday, February 29, 1996
Sheraton Inn Midway St. Paul
1996 Legislative Conference Registration Form
City (Please print or type)
Name
Title
Name
Title
Name
Title
Registration fee: Member city officials — advance $35 Non members — advance $50
and Business Associates on-site $50 Q on-site $65
Special Needs: If you are disabled and require special services or transportation, or if you have
special dietary needs, please attach a written description to this registration form.
Fee includes conference registration and luncheon.
Make check payable and mail to
Finance Department -LC
League of Minnesota Cities
145 University Avenue West
St. Paul, MN 55103
1996 Legislative Conference Housing Form
Organization League of Minnesota Cities
Advance Registration
Deadline --February 16,1996
Function 1996 Legislative Conference Dates February 28-29, 1996
All requests for the above group must be received by February 9,1996 (After February 9,1996, call for room availability.)
Name Last First Company (Please print or type)
Address
City State Zip
Sharing room with No. of persons
Signature Phone Number
Month I Day Month Da Year
Arrival Date Arrival Time Departure Date
Check in time 3:00 p.m. Check out time 12:00 p.m.
Accommodations will not be confirmed without a check for the first night's deposit or
use your Amex or Diners Club credit card number to guarantee your reservation. You
will be charged for the first night if reservations are not canceled 48 hours prior to
arrival.
Credit card #
p Amex p Visa o Mastercard
Expiration date (Please cheat on.)
PS—,1 Special Housing Request: If you have special housing needs. e.g. wheelchair accessible room etc.
please attach a written description to this housing form.
Special Reduced Rates for
Members Only
$74 Single or Double
Make check payable and
mail to the
Sheraton Inn Midway
400 N. Hamline
St. Paul, MN 55104
(612) 642-1234
l Phrnary 0 1006 D___ 11
Bill summaries
Annexation
Remove county commissioners from
Municipal Board
S.F. 1999 (Hottinger, Pappas)
(Metropolitan & Local Government)
would remove the county commission-
ers from the municipal board in
annexation proceedings. JJ
Annexation referenda requirements
S.F. 2646 (Vickerman, Larson,
Janezich, Stumpf) (Metropolitan &
Local Government) would reinstitute
the annexation election requirements
repealed by the 1992 Legislature, and
modify those requirements to have the
election held prior to the municipal
board's consideration of the proposed
annexation. The bill would also adopt
a process to deal with sewer and water
extensions as a result of state agency
orders. The bill would contemplate an
annexation by ordinance of the served
property within 15 months of service
extension and would establish a formal
process of mediation or discussions of
the Minnesota Municipal Board
between the city and the township for
areas adjacent to the designated service
area. The bill also would statutorily
reverse the court of appeals decision in
the LaCrescent annexation case to
provide that all conditions of annex-
ation contained in the existing orderly
annexation agreement must be met
prior to a city council passing an
ordinance pursuant to the petition of a
property owner for annexation. JJ
Courts and Crime
Tort claims limit for nonprofit
firefighting corps
H.F. 2160 (Bertram,A. Johnson,
Greiling, Hackbarth) (Judiciary) would
extend the municipal tort liability
claims act to nonprofit firefighting
corporations. JJ
Statutory removal process for certain
arrest, conviction data
H.F. 2215 (Carruthers, Skoglund,
Luther) (Judiciary) would create a
statutory process for removing certain
Page 12
arrest or conviction records from the
state judicial system and law enforce-
ment agencies. JJ
Limiting joint and several liability
H.F. 2877 (Macklin, Dauner, Kalis,
Jennings, Sviggum) (Judiciary) would
eliminate joint and several liability in
all cases except those arising under
state or local environmental and health
laws. JJ
Driver's license suspension,
revocation
S.F. 1824 (Laidig) (Crime Preven-
tion) would temporarily suspend the
driver's license of any person charged
with fleeing a peace officer, and would
revoke the license of a person con-
victed of fleeing a peace officer. JJ
Limit joint/several liability
S.F. 2528 (Hottinger, Stumpf,
Betzold, Krentz, Knutson) (Judiciary)
would eliminate joint or several
liability for any person or government
whose fault is equal or less than 50
percent of the apportioned fault.
Because the bill eliminates joint and
several liability in situations not
greater than 50 percent, the bill also
proposes to eliminate the special joint
and several liability rule for political
subdivisions. JJ
Economic Development
Data practices - classifications,
amendments
H.F. 2618 (Macklin, McGuire,
Rhodes) (Judiciary) would amend the
state's Data Practices Act including
providing for clarification or revision
in the area of financial assistance data
of businesses involved in governmen-
tal economic development programs.
The bill would classify financial
assistance data as private data on
individuals and nonpublic data on
corporations or businesses until the
time of approval of the application.
Upon approval of the application,
certain information including the
identity of the applicant would have to
be released so it would be public and
also specifies that following approval
of an application, financial statements,
net worth calculations and several
other pieces of information will remain
private. The League recommends that
all economic development assistance
professionals within cities review this
legislation to determine whether it
would have a negative impact on local
processes. JJ
Elections
Legislative reforms
H.F. 2186 (Sviggum, Paulsen,
Vickerman, Knight) (General Legisla-
tion, Veterans Affairs & Elections)
would provide for term limits, biennial
legislative sessions, unicameral
Legislature, initiative and referendum,
set committee chair terms of office,
limit legislative per diem, and establish
new conflict of interest requirements.
Per diem payments would be made
only for those days on which the
Legislature meets. Legislators would
be barred from authoring or voting on
any matter in which they have a direct
or financial interest, including matters
related to their current occupation
outside legislative service. AH
Mayoral and council vacancies in
statutory cities
H.F. 2425 (Carruthers, Long,
Johnson, V., Krinkie) (General Legisla-
tion, Veterans Affairs & Elections)
would declare a vacancy in the office
of mayor or councilmember when the
officeholder dies, resigns, ceases to
reside in the city (or ward) or is unable
to serve or attend council meetings for
90 days or more because of illness or
prolonged absence. The bill would
authorize the city council to fill such a
vacancy for the remainder of the term
or until the absent councilmember is
able to serve, whichever occurs first.
(Companion is S.F.2255-Betzold.)
(Status: H.F. 2425 has been recom-
mended to pass by the Elections
Division and will be considered by the
full General Legislation Committee on
Thursday, February 8. S.F. 2255 will be
heard by the Senate Local & Metro -
LMC Cities Bulletin
Bill summaries continued
politan Government Committee on
Wednesday, February 7.)AH
Mayoral recall
S.F. 1789 (Johnston) (Ethics &
Campaign Reform) would authorize
eligible voters in statutory cities to
petition for the recall of the mayor. The
bill would require petitions to be
signed by at least one third of the
number of voters casting votes during
the last mayoral election. The city
would be required to hold a recall
election within 60 days. Only one
recall petition may be filed in a
calendar year prior to the opening of
filings for mayoral elections. (Status:
recommended to pass as amended by
committee. On General Orders on
Senate floor.)AH
Initiative & referendum
S.F. 2003 (Terwilliger) (Ethics &
Campaign Reform) would propose to
amend the state constitution to allow
voters to enact laws by initiative
petition, including those to repeal
another law or to amend the state
constitution. Initiative petitions would
have to be signed by registered voters
in each congressional district equal to
eight percent of the number voting in
that district at the last election for
governor. Petitions calling for the
repeal of a law would require voter
signatures equal to four percent of the
number voting at the last election for
governor. Initiatives would be enacted
by a majority of those voting on the
question and may not be amended,
vetoed or repealed for at least two years.
Provisions would also allow the
Legislature to propose up to three laws
subject to referendum on the same
election ballot. The bill would also
establish requirements for preparing
and filing initiative petitions. AH
School district referendum
S.F. 2599 (Krentz) ( Education)
would allow school districts to hold a
levy referendum on the same date as a
school board bond referendum if the
February 9, 1996
proceeds from that referendum would
be used to cover operating costs
resulting from the facility financed
with proceeds of the bond issue
subject to the bond referendum.
Provisions would be effective July 1.
AH
Environment
Labor representative on MPCA
board
H.F. 2149 (Perlt, Munger, I.
Anderson, Hackbarth) (Environment &
Natural Resources) would require that
one member of the pollution Control
Agency board be a representative of
organized labor. JJ
Wetlands ProtectionAct amendments
H.F. 2166 (Girard) (Environment
& Natural Resources) would modify
the statewide Wetland Conservation
Act. The bill would increase the
exception for small wetland impacts,
allow greater flexibility for public
utility and transportation projects, and
significantly rework the sections
enabling local governments to adopt
local plans as an alternative or
compliment to administering the state
Wetland Conservation Act. JJ
Pollution Control Agency powers
H.F. 2171 (Ozment, Dempsey)
(Environment & Natural Resources)
proposes to revise and clarify the
procedures and powers the Pollution
Control Agency regarding its deci-
sions on projects and facilities which
involve the environmental assessment
review program. JJ
Environmental regulatory
innovations act
H.F. 2194 (Weaver, Munger,
Ozment, Hausman) (Environment &
Natural Resources) would enable the
Pollution Control Agency to adopt
innovative environmental regulatory
methods which grant greater opera-
tional flexibility than current permit
requirements for municipal and
industrial permittees. JJ
f dop Z -d
No discharge of untreated human
wastes into surface waters
H.F. 2260 (Ozment) (Environment
& Natural Resources) would prohibit
any person from discharging any
untreated human waste from a residen-
tial or other building or from a mobile
source into any surface river, stream,
lake, pond, marsh, or other body of
water. The bill would be effective
August 1, 1997. JJ
Antifreeze in private wastewater
treatment systems
H.F. 2261 (Ozment, Dempsey)
(Environment & Natural Resources)
would provide an exception to the
prohibition on placing antifreeze in
wastewater treatment facilities to allow
antifreeze placed in a privately owned
wastewater treatment works. JJ
Solid waste fund
H.F. 2689 (Schumacher, V.
Johnson, Munger) (Environment &
Natural Resources) would broaden the
eligibility requirements under the
alternative landfill cleanup program
passed by the 1994 Legislature.
Certain open facilities would be made
eligible to receive state funding if it
was a permitted facility, owned by a
county, and contained within its
boundaries portions of a closed facility
which would otherwise be covered .
under the previous landfill cleanup
programs provisions. JJ
Waste management changes
S.F. 1861 Q. Johnson) (Environ-
ment & Natural Resources) proposes a
variety of amendments to the state's
waste management act. The only
amendment affecting cities is one that
would allow for a limited exception
from the state mandate imposing
variable rate or volume -based pricing
for garbage collection services. JJ
Permit requirement for public waters
S.F. 1900 (Laidig) (Environment &
Natural Resources) would authorize the
commissioner of the Department of
Natural Resources to issue a state
Page 13
Bill summaries continued
general permit to individuals as well as
governmental subdivisions for certain
classes of activities which the depart-
ment determines to have a minimal
impact upon public waters. The bill
also would authorize the commissioner
to delegate public waters work permit
authority to counties, cities, towns,
watershed districts or watershed
management organizations that have
elected to assert local authority over
protected waters. JJ
Limit inspection of certain individual
sewage treatment systems
S.F. 1941 (Dille, Sams) (Environ-
ment & Natural Resources) would grant
an exception until January 1, 2001 to
existing sewage systems built between
January 1, 1986, and January 1, 1996,
if they were in compliance with
applicable requirements at the time of
their installation. For these systems, a
local unit of government would not be
required to have a certificate of
compliance issued by a licensed
inspector, site evaluator or designer
before issuing any building permit or
variance for new construction or for the
addition of a bedroom or bathroom on
the property served by the system. JJ
Landfill cleanups - state claims
resolution with insurers
S.F. 2120 (Morse, Merriam, Price,
Metzen, Belanger) (Commerce &
Consumer Protection) would establish
a process for resolving state claims
arising under the landfill cleanup
program. The intent of the bill is to
transfer to the state some of the
financial benefits received by insur-
ance companies through the creation of
the alternative landfill cleanup
program by the 1994 Legislature. The
bill would empower the state by the
attorney general to bring a direct
action against any insurer for recovery
of all claims of the state for environ-
mental response costs and would
further empower the state to succeed to
the rights of the landfill or solid waste
facility owner. JJ
Page 14
Signature requirements for petitions
S.F. 2131 (Terwilliger) (Environ-
ment & Natural Resources) changes
from 25 percent to 50 percent the
requirement of property owners
necessary to institute a project within a
watershed district. JJ
Water pollution control grants
S.F. 2171 (Stumpf, Langseth, Day,
Piper) (Environment & Natural Re-
sources) would appropriate $75 million
from the state's bond proceeds fund to
the public facilities authority to
provide state grants to cities outside
the metropolitan area and a 50 percent
level for wastewater treatment or
sludge facilities. The bill specifies 21
cities over 5,000 population which
would receive a specified amount for
water pollution control projects, and
14 cities which would receive inflow
and infiltration grants. Other cities
would also be eligible for state
financial assistance through an
application process. This bill is drafted
and supported by the Coalition of
Greater Minnesota Cities. JJ
Water management districts
S.F. 2208 (Frederickson, Price,
Morse, Laidig) (Environment & Natural
Resources) would authorize watershed
districts both within and outside the
metropolitan area to establish water
management districts for the purpose of
raising revenues to pay for general
operations and surface water manage-
ment projects. JJ
Wetland heritage committee
S.F. 2400 (Hanson, Moe, Dille,
Scheevel, Lessard) (Environment &
Natural Resources) would require the
wetland heritage advisory committee
to study the issue of compensation to
landowners resulting from regulation
under state law of draining and filling
wetlands. The report following the
study would be due November 1, 1996.
JJ
�rdop 20VA
Cost -benefit analysis for water
quality standards
S.F. 2615 (Hottinger) (Environ-
ment & Natural Resources) would
establish a process and a system of
cost -benefit analysis with regard to all
future and some current water quality
standards of the Pollution Control
Agency. The bill proposes to use the
Minnesota Center for Environment and
Health Policy, a division of environ-
mental and occupational health in the
school of public health at the Univer-
sity of Minnesota, as a center which
combines impartiality and expertise
necessary for an unbiased cost -benefit
analysis of water quality standards and
their applications to particular cases. JJ
Wetlands ProtectionAct changes
S.F. 2725 (Merriam, Laidig)
(Environment & Natural Resources)
proposes amendments consistent with
the recommendations developed by the
Governor's Round table on the WCA.
The bill proposes $4 million appropria-
tion to pay for mitigation and replace-
ment costs incurred by local govern-
ments for road improvement and
maintenance projects. JJ
General Government
Legislative commissions abolished
H.F. 2202 (Sviggum) (Governmen-
tal Operations) would abolish legisla-
tive commissions on planning and
fiscal policy, the economic status of
women, and health care access, as well
as the electric energy task force, and
would authorize the legislative
coordinating commission (LCC) to
carry out any functions and responsi-
bilities required of them by statute.
LCC appropriations would be reduced
by the amount budgeted for the two
commissions. Provisions would be
effective July 1. AH
Determination in 12 months a
nonbinding goal
H.F. 2221 (Pugh) (Judiciary) would
change the statutory requirement that
LMC Cities Bulletin
Bill summaries continued
the Department of Human Rights make
a determination on a human rights
claim within 12 months a goal rather
than a hard and fast requirement.
Recent review by the legislative
auditor indicated that many determina-
tions are not made within the require-
ment nor within the 12 month require-
ment currently in statute. This bill
would basically conform the law to the
current practice. JJ
Residential owners contested case
process
H.F. 2375 (Rest) (Local Govern-
ment & Metropolitan Affairs) (Com-
panion S.F. 2073) would require local
governing bodies to show the need for
and cost effectiveness of local im-
provements, allow 90 percent of the
property owners to petition, to have the
city council's decision to make the
improvement reviewed by an adminis-
trative law judge in a contested case
process, and would restrict the ability
of consulting engineers to base their
compensation primarily on a percent-
age of the estimated cost of the
proposed public improvement. JJ
Repeal of obsolete laws
H.F. 2377 (Delmont, Abrams,
Orenstein) (Ways & Means) would
repeal many obsolete and hopefully
noncontroversial provisions of state
law, including several that relate to city
government, most notably the 1985
and 1988 reporting requirements under
the pay equity statute. JJ
Local authority over dangerous dogs
H.F. 2399 (Jefferson) (General
Legislation, Veterans Affairs & Elec-
tions) would revise the state's danger-
ous dog statutes to allow a dog to be
declared dangerous or potentially
dangerous by animal control authori-
ties. The bill would give the owner of
a dangerous dog 10 days to appeal the
designation and pending the appeal
process the dog would have to be kept
in a proper enclosure. The bill would
double the current surety bond
requirement for owners of these dogs or
animals to $100,000 and would change
the warning notification requirements.
The bill would prohibit local units of
government from regulating dangerous
or potentially dangerous dogs based
solely on the specific breed of the dog
and provides that ordinances inconsis-
tent with this subdivision are void. JJ
Firefighters exempt from fireworks
requirements
H.F. 2422 (V. Johnson) (Commerce,
Tourism & ConsumerAffairs) would
exempt a person who has been em-
ployed as a firefighter by a municipal
fire department or who has been a
volunteer firefighter for a volunteer fire
department for at least two years, from
having to comply with requirements
enacted last year regarding state
qualifications and certification as
fireworks operators. JJ
Building codes consistent for
remodeling unoccupied and occupied
housing
H.F. 2448 (McElroy, Dawkins,
Sykora, Wejcman) (Housing) would
provide that a statutory home rule
charter city njay not apply a different
building code on an unoccupied
housing unit under rehabilitation or
remodeling than would be applied to
an occupied housing unit undergoing
substantially similar rehabilitation or
remodeling. JJ
Billboard/highway sign regulation by
local government
H.F. 2620 (Osskopp) (Transporta-
tion & Transit) would allow local
governments greater authority to
regulate billboards and other advertis-
ing devices along highways and
streets. JJ
Road improvement assessments
H.F. 2648 (Dehler) (Local Govern-
ment & Metropolitan Affairs) would
prohibit assessments for road improve-
ments if those road improvements were
constructed with municipal, county, or
state highway funds. The bill is drafted
to allow assessment of those portions
of the street projects that have not
received full or partial funding from
other governmental sources. For
instance, if 50 percent of the road was
paid for by municipal state aid street
funds, only 50 percent of the road
project could be assessed to abutting
property owners. JJ
Local regulation of lawful gambling
expanded
H.F. 2685 (Holsten, Mares)
(Governmental Operations) would
expand the regulatory authority of
local units of government over lawful
gambling. The bill would expand the
definition of trade area where gambling
organizations can be required by
ordinance to expend all or a portion of
their expenditures for lawful purposes.
Reporting requirements for gambling
organizations and residence require-
ments for active members for the
purpose of issuing or renewing
premises permits would also be
authorized. AA
Extending 60 -day permits
requirement
H.F. No. 2758 (Orenstein, Dawkins,
Trimble, McCollum, Brown) (Govern-
mental Operations) proposes a techni-
cal amendment to the 60 -day permit
bill passed by last year's Legislature. JJ
Independent advisory council on
intergovernmental relations
H.F. 2782 (Orenstein, Long) (Local
Government & Metropolitan Affairs)
would create an independent advisory
council on intergovernmental relations
as a nonprofit entity of the League of
Minnesota Cities, the Association of
Minnesota Counties, Minnesota
Association of Township Officials, and
Minnesota School Boards Association.
The ACIR as proposed would be
comprised of eight representatives and
the membership from each type of local
government unit would be geographi-
cally balanced. Representatives would
N A�MIILI MIt A 1llll� T.- �� 7 C
Bill summaries continued
be selected by the associations but if
the associations are unable to agree on
a representative, the Governor would
appoint one. The bill would authorize
the creation of task forces and assign
duties including, but not limited to,
review of state mandates and the
opportunities for consolidation of
services. The board on government
innovation and cooperation is autho-
rized to provide administrative services
to the council. The council could
accept gifts and grants and could seek
assistance form the Metropolitan
Council or other entities. JJ
Workers' comp for independent
contractors
H.F. 2867 (Leighton, Bettermann)
(Labor -Management Relations) would
change the state's workers compensa-
tion law to consider every independent
contractor doing commercial or
residential building construction or
improvements in the public or private
sector to be an employee of any
employer under the workers compensa-
tion law for whom the independent
contractor is performing service in the
course of the trade, business, profes-
sion, or occupation of that employer at
the time of injury unless the indepen-
dent contractor meets all of nine
conditions enumerated in the bill. The
bill would also modify statutory
provisions governing the calculation
of premiums and make several other
technical or less significant amend-
ments. JJ
Norwood and Young America merger
H.F. No. 2889 (Onnen) (Local
Government & Metropolitan Affairs)
would create one municipality to be
called Norwood -Young America as a
result of the merger of the municipali-
ties of Norwood and Young America. JJ
Verification of human rights charges
S.F. No. 1906 (Marty) (Judiciary)
would eliminate the requirement that
persons alleging human rights viola-
tions have their charges verified
through the commissioner of Human
Rights. JJ
Campaign finance and gift ban laws
S.F. 1908 (Marty) (Ethics &
Campaign Reform) would authorize
the ethical practices board to issue
advisory opinions on the local govern-
ment official gift ban law, as well as
under the state gift ban. JJ
Membership on emergency medical
services board
S.F. 1955 (Sams, Piper, Berglin,
Samuelson) (Health Care) would add
the commissioners of health and public
safety, or their designees, to the
emergency medical services regulatory
board. The bill would also require the
Governor to appoint the members of
the EMSRB no later than April 1, 1996,
and provide that the board may begin
meeting, appoint an executive director,
and take other action necessary to
prepare for the transition of emergency
medical services related authority from
the department of health to the board.
JJ
Pawn shop data
S.F 2027 (Ranum, Betzold,
Merriam, Knutson, Hanson) (Judiciary)
would make any data that would reveal
the identity of customers of licensed
pawn brokers private data on individu-
als. The bill would also make data
describing the property in a regulated
transaction with a licensed pawnbroker
public data. JJ
Ice centers funding
S.F. 2297 (Metzen) (Governmental
Operations & Veterans) would appro-
priate $9 million in bond proceeds
funds to make grants for ice centers.
This is a sequel to last year's "mighty
ducks" legislation. JJ
On -premise electrical sign installers -
honor local license
S.F. 2344 (Wiener, Vickerman,
Metzen) (Commerce & Consumer
Protection) would provide that on -
premise, electrical sign installers who
obtain a sign installers license from a
local unit of government by success-
fully completing a written exam to
have that license honored by all other
local units of government. Also, on -
premise electrical sign installers who
obtain a sign installers license from a
local unit of government that does not
require a written exam would have that
license honored by all other local units
of government that do not require
exams. JJ
Liability for not meeting statutory
requirements
S.F. 2397 (Novak, Kroening, Kelly,
Runbeck) (Jobs, Energy & Community
Development) would revise the
enforcement statutes in regard to
minimum wage and overtime compen-
sation violations. The bill would
clarify the employer's liability for back
pay, and the ability of employees to
bring individual court actions to
enforce the state's wage and hour law.
Attorney fees and costs would be
required to be paid in any suit finding
employer liability. JJ
Juvenile crime peace officer hiring
grants
S.F. 2465 (Kelly, Spear, Beckman,
Riveness, Limmer) (Crime Prevention)
would establish a state grant program
to local law enforcement agencies for
the hiring of new law enforcement
officers to investigate and prevent
juvenile crime. The bill would
appropriate $3 million for this grant. JJ
New law for sanctions in civil actions
S.F. 2478 (Hottinger, Stumpf,
Betzold, Neuville, Kelly) (Judiciary)
would require an acknowledgment that
civil actions are not being presented
for any improper purpose, that legal
contentions are warranted by existing
law or nonfrivolous argument for
change to existing law, that evidentiary
support is available or likely will be
found after inquiry, and that denials of
factual contentions are warranted by
evidence or based on reasonable
information and belief. Sanctions
Page 16 LMC Cities Bulletin
Bill summaries continued
could be requested by motion or by
court initiative. The courts would have
the authority to determine appropriate
sanctions which would be limited to
whatever is sufficient to deter such
conduct. Monetary sanctions would be
barred under certain circumstances. AA
Local government pay limit
S.F. 2490 (Kroening) (Metropoli-
tan & Local Government) would limit
the total compensation of local
government employees to the
Governor's salary but would count
within the Governor's salary the value
of the housing, limousine or other
automobiles, chauffeur services, cooks,
maids, cleaning persons, and other
domestic help, gardeners and lawn care
staff, food or liquor, and other perqui-
sites of office with economic value. It's
an attempt by the House and Senate to
compare apples to apples and oranges
to oranges. JJ
New conditions and eligibility
requirements for economic recovery
grants
S.F. 2504 (Riveness, Metzen,
Novak, Anderson) (Jobs, Energy &
Community Development) would
allow economic recovery grants to be
awarded to local units of government
based solely on the necessity of
attracting out-of-state businesses or
retaining existing businesses, the state
but would limit the use of the grant or
loan to work force training. The bill
would also make businesses involved
principally or solely in retail sales
ineligible for economic recovery
grants. Finally, the bill would require
entities receiving loans to pay their
employees at least 175 percent of the
state minimum wage. AA
Housing
Low-income housing tax credit
program
H.F. 3055 (Long) (Housing) would
make changes to the low-income
housing tax credit program directing
the state Housing Finance Agency to
allocate tax credits to eligible projects
only if the project satisfies MHFA's
qualified allocation plan requirements.
Projects for which issuers are located
outside the city or county jurisdiction
receiving the allocation or for which
MHFA issues the bonds, would be
subject to the state qualified allocation
plan. If an allocating agency deter-
mines at any time after initial tax credit
commitment or allocation that a
project is no longer eligible for all or
part of those credits, they must be
transferred to the agency to be reallo-
cated in subsequent allocation rounds.
The bill would also authorize amend-
ments to the metropolitan as well as the
statewide distribution plan for housing
tax credits after consultations with
local government, HRAs and, in the
metro area, the Metropolitan Council.
To make sure that all project tax credits
are allocated by one agency, MHFA
would be authorized to reserve
additional tax credits to a city or
county that has received credits for a
project for which tax credits have
already been committed or allocated at
the local level if all tax credits reserved
to that city or county have been
committed or allocated. AH
Insurance
Building replacement cost coverage
S.F. 2655 (Finn) (Commerce &
Consumer Protection) would not allow
coverage to be conditioned on replace-
ment or repair of a structure at its
original location on the owner's
property if state or local zoning or land
use regulation require it to be relo-
cated.AH
Liquor
Temporary liquor licenses limit
H.F. 2788 (Frerichs) (Commerce,
Tourism & ConsumerAffairs) would
modify restrictions on the number of
temporary on -sale liquor licenses
which could be established. The bill
would state that a municipality may
not issue more than three four-day, four
three-day, or six two-day temporary
licenses in any combination not to
exceed 12 days per year for the sale of
-Zd
alcoholic beverages to any one
organization or registered political
committee or for any one location
within a 12 month period. As drafted,
the bill would give local units of
government more flexibility than
under current law with regard to
temporary on -sale liquor licenses. JJ
Wine at bed and breakfasts
H.F. 2807 (Bertram) (Commerce,
Tourism & ConsumerAffairs) would
authorize bed and breakfast establish-
ments to provide up to two glasses of
wine per day to a guest without having
to have a liquor license. The bill also
proposes modifications to other
sections of the intoxicating and
nonintoxicating liquor statutes
including broadening the types of
products which may be sold in munici-
pal liquor stores. Basically the bill
allows all items that may lawfully be
sold in an exclusive liquor store to be
sold in a municipal liquor store. JJ
Personnel
Local government compensation
limit tied to finance commissioner's
salary
H.F. 2162 (Davids) (Local Govern-
ment & Metropolitan Affairs) would
limit the compensation of local
government officials to the compensa-
tion paid to the state commissioner of
finance which is currently $78,500.
The bill would have a July 1, 1996,
effective date and it is unclear whether
this would require reducing local
employees' salaries to the $78,500
level. JJ
Public pensions exclude local
government associations' staff and
others from PERA
H.F. 2168 (Knight, Pellow,
Osskopp, Stanek) (Governmental
Operations) would remove League of
Minnesota Cities employees and the
employees of other local government
associations and agencies from the
public employee retirement association
(PERA). JJ
February 9, 1996 Page 17
f--zd
Bill summaries continued
Deletion of criminal records
H.F. No. 2215 (Carruthers, Sko-
glund, Luther) (Judiciary) would revise
the statutory process by which criminal
arrest and conviction data could and
could not be removed from public
records. JJ
Human rights decision deadline
modification
H.F. No. 2221 (Pugh) (Judiciary)
would modify the 12 -month decision
deadline in human rights cases to a
goal rather than an absolute determina-
tion. JJ
Health care coverage to require
copayments
H.F. 2304 (Onnen) (Health &
Human Services) would require
copayments of at least $1 for each
office, urgent care, or emergency room
visit under all health plans except
those visits made solely for the purpose
of preventive care. JJ
Employers' daily forms and wage
payment requirements
H.F. 2388 (Rukavina) (Labor -
Management Relations) would require
an employer to give each employee on
every payday an earning statement in
writing covering that day of work. The
bill would also change requirements
for prompt payment upon discharge of
employees and make other changes to
the state labor laws dealing with
compensation practices. JJ
Safety program requirements
H.F. 2464 (Bakk) (Labor -Manage-
ment Relations) would modify the
workplace accident and injury pro-
grams, laws and other OSHA statutes.
The bill would provide additional
requirements regarding fines and
violation orders issued by the Depart-
ment of Labor and Industry. The bill
specifies the procedure for collection
of unpaid fines including the accruing
of interest on those unpaid fines. JJ
Increase in minimum wage
H.F. No. 2471 (Winter, Kelso,
McGuire, Peterson) (Labor -Manage-
Page 18
ment Relations) would modify the term
"large employer" to mean an enterprise
with an annual gross income of
$500,000 and the term "small em-
ployer" to mean an enterprise with an
annual gross income of less than
$500,000. The bill would require large
employers to increase the amount they
pay each employee to at least $5 per
hour beginning October 1, 1996 and to
$5.50 per hour beginning October 1,
1997. Small employers would be
required to pay each employee to
$4.75 per hour beginning October 1,
1996 and at least $5.25 per hour
beginning October 1, 1997. Subse-
quent adjustments would reflect annual
changes in the Consumer Price Index.
Minimum wages could be reduced by
$.50 per hour if an employer is contrib-
uting to a health insurance plan for the
employee. JJ
Unfair employment practices
H.F. 2494 (Dawkins) (Judiciary)
would allow an extension of the
Human Rights Act statute of limita-
tions to one year after the date the
employer reasonably should have been
aware of the unfair employment
practice. Currently the law has a one-
year statute of limitations from the
occurrence of the practice. JJ
Earnings statements required
H.F. 2494 (Dawkins) (Judiciary)
would require an employer to provide
employees with a complete earnings
statement or be guilty of a misde-
meanor. The bill would also require
employers to pay discharged employ-
ees no later than the first regularly
scheduled payday following dismissal,
not to exceed 20 calendar days. JJ
Data access to employee settlements
H.F. 2527 (Weaver, Pugh, Lynch,
McGuire, Carruthers) (Labor -Manage-
ment Relations) provides for access to
data on the settlement of employment
disputes involving payment of money,
proposes modifications or amendments
to the state data practices section,
particularly those dealing with
personnel data under M.S. 13.43. The
bill would add a subdivision specify-
ing that a state agency, statewide
system or political subdivision may
not enter into an agreement with the
purpose or effect of limiting access to
or disclosure of personnel data or
limiting the discussion of information
or opinions related to personnel data.
This paragraph would apply to
settlement agreements and any other
formal or informal promises to with-
hold information which is classified as
public. The bill also requires a copy of
all settlement agreements to be filed
with the commissioner of administra-
tion. JJ
Filing limit for unfair employment
practices claims
H.F. No. 2537 (V. Johnson, Long)
(Local Government & Metropolitan
Affairs) would place a one-year time
limit on filing claims involving unfair
employment practices. JJ
Municipal indemnification for peace
officer actions in line of duty
H.F. 2614 (Van Dellen) (Judiciary)
would amend the municipal tort
liability act to require cities to defend,
save harmless and indemnify a peace
officer against attorneys' fees, costs,
and expenses which actually and
reasonably incurred in connection with
a tort, civil, or equitable claim or
demand arising out of an alleged act or
omission that occurs while the peace
officer is acting within the scope of
employment during the period of
employment. The peace officer would
be presumed to have been acting
within the scope of employment unless
the district court determines otherwise
by clear and convincing evidence. The
bill would also make it a gross misde-
meanor for any person to knowingly
make a false statement in acharge or
complaint against a peace officer in
any civil action or to allege assault,
battery, false arrest, false imprisonment
or defamation. The bill would be
effective July 1, 1996, and apply to
crimes committed on or after that date.
JJ
LMC Cities Bulletin
Bill summaries continued
Various public pension changes
H.F. No. 2693 (Jefferson, Sviggum,
Kahn, Davids, R. Johnson) (Govern-
mental Operations) would increase
PERA initial retirement benefits from
1.5 percent to 1.7 percent for coordi-
nated plan members, and from 2.5
percent to 2.7 percent for basic plan
members. It would increase the
employer contribution from 4.5 percent
to 5.05 percent for coordinated plan
members and from 8.5 percent to 9.05
percent for basic plan members and
make employers responsible for all
insufficiencies in employer and
employee contributions in the future.
The bill would increase the employee
contribution from 4.23 percent to 4.75
percent for coordinated plan members,
and from 8.23 percent to 9.25 percent
for basic plan members. Public
employers would be reimbursed for
their increased share through increased
HACA payments. HACA would be
increased to all local governments by
an amount eovial to 0.00495 times the
salaries paid to members of the PERA
fund general plan.
The post retirement fund assumed
rate of increase would be increased
from five percent to six percent which
reduces the cost of living increase for
retirees in times of good investment
performance. This would be offset by
the increased multiplier for active
employees and by granting an increase
change to retired members which is
actuarially equivalent to the volume of
the interest assumption.
The bill also would increase
legislative pension benefit accrual
rates for current legislators and provide
that legislators first elected this fall and
thereafter would receive a pension
under the state employees unclassified
plan. The bill also would reduce state
aid to schools by an amount equal to
0.64 times the salaries paid to members
of the state teachers retirement associa-
tion. Various other adjustments in
public pension formulae are included.
EW
Repeal local government pay limits
H.F. 2824 (Greiling, Kelso, Kelley)
(Governmental Operations) would
repeal the political subdivision
compensation limit that currently caps
local government employee salaries at
95 percent of the governor's compensa-
tion. JJ
Employers to provide flame
retardant clothing
H.F. No. 2863 (Rukavina, Bakk,
Wagenius) (Labor -Management
Relations) would obligate employers
to provide required flame retardant
clothing and protective equipment to
employees at no cost to the employees.
Volunteer firefighter relief
association benefits modified
H.F. No. 2928 (Bertram, Hackbarth,
Smith, Delmont) (Governmental
Operations) would modify volunteer
firefighters relief association lump sum
benefit amount limits. The new limits
would increase from $4,000 per year of
service credit prior to January 1, 1996,
up to $4,750 per year of service credit
after December 1, 1997. EW
Firing of con: acted sex offenders
S.F. 1833 (Runbeck) (Crime
Prevention) would provide that any
state employee convicted of any degree
of criminal sexual conduct as set forth
in state law be immediately discharged
with no rights of rehire. Provision of
the bill would supersede any inconsis-
tent provisions in state civil service
statutes, collective bargaining agree-
ments, or other state laws. This bill as
drafted does not provide a similar
process or authority for local units of
government. JJ
Continuation of health insurance for
retirees
S.F. No. 2000 (Janezich, Lessard)
(Governmental Operations & Veterans)
would require that employers who
provide employer -paid health insur-
ance to their employees continue to
provide the same level of insurance
benefits to their employees after
retirement. JJ
Employer immunity for disclosures
about employees
S.F. 2096 (Berg) (Judiciary) would
grant employers that disclose informa-
tion about a current or former em-
ployee immunity from civil liability.
for the disclosure and any conse-
quences caused by the disclosure
unless it is proven that the employer
knew the information was false at the
time the disclosure was made. This bill
is an attempt to increase the effective-
ness or utility of pre-employment
reference checks. JJ
Tentative public collective
bargaining agreements classified
S.F. 2217 (Merriam) (Judiciary)
would provide that government data
on the terms of a proposed collective
bargaining agreement covering the
terms and conditions of employment
would be nonpublic data until 10 days
after a tentative agreement is reached
by the employer and the exclusive
representative (union), or the agree-
ment is approved by the affected
employees, whichever is earlier. JJ
Uniform governance for volunteer
firefighter relief associations
S.F. No. 2638 (Stumpf) (Govern-
mental Operations & Veterans) would
require any volunteer fire relief
association with a governing board
created under a local or special law
enacted prior to Laws 1979, chapter
201 to reconstitute its board of trustees
in conformance with the membership
requirements of Minn. Stat. § 424A.04.
EW
Public Safety
Emergency management act of 1996
H.F. 2229 (Cooper) (Governmental
Operations) would update the state
civil defense act, retitle it the emer-
gency management act, and specify
procedures to be used for providing
emergency resources and assistance to
cities and other areas that experience
natural or man-made disasters or
emergencies. JJ
February 9. 1996 n.,,.,. In
Bill. summaries continued
Law enforcement data
H.F. 2798 (Hasskamp, Kinkel, D.
Swenson, McGuire, Winter) (Judiciary)
would amend the Data Practices Act
regarding the classification of data on
those who request law enforcement
services either by phone or other
means. The bill generally would make
more information private such as the
name and address of alleged perpetra-
tors, victims and casualties at least
during investigation but make the
perpetrators data public upon his or her
arrest. JJ
Minimum fines for tobacco sales to
children
H.F. 2979 (Dehler) (Commerce,
Tourism & ConsumerAffairs) would
establish minimum fines for the sale of
tobacco products to children. The fine
would be established at $250 for gross
misdemeanor and misdemeanor level
violations, and $150 for petty misde-
meanor violations. Half of each of
these mandatory minimum fines would
be paid to the local school district for
nonsmoking education, 40 percent
would go to the arresting law enforce-
ment agency, and 10 percent would be
sent to the Smokefree 2000 Coalition.
JJ
Stop for pedestrians in crosswalks
S.F. 2054 (Kelly, Langseth, Pappas,
Lesewski) (Transportation & Public
Transit) would require drivers to stop
to yield the right-of-way to pedestrians
within crosswalks. Current law allows
yielding by "slowing down or stopping
if need be to so yield." JJ
Taxes
Sales tax on solid waste collection and
disposal
H.F. 2552 (Wagenius, Rest) (Taxes)
would change the sales tax statutes and
provide that political subdivisions,
including cities, that have paid either
too much or too little sales tax on the
sale of solid waste collection and
disposal services for calendar years
1992, 1993, 1994 and 1995 could
either use the overpayment as a credit
against the political subdivisions
unpaid tax liabilities in future years or
pay the amount of the underpayment to
the commissioner of revenue over a
five year period. The League has been
asked to survey its members regarding
any potential overpayment or under-
payment of sales tax receipts for solid
waste collection and disposal services.
A bulletin article in this week's
bulletin discusses this issue further. JJ
TIF technical corrections bill
S.F. 2614 (Hettinger) (Taxes)
would clarify the local contribution
option to the LGA/HACA penalty
enacted during the 1995 session. The
bill would require that a failure to
make the required contribution after
electing the local contribution option
would result in a state aid reduction
equal to the greater of the LGA/HACA
penalty that would have been imposed
on the local contribution. The two
percent maximum local contribution
provision would be clarified to require
that if the aggregate sum of the local
contributions for all districts in a
municipality exceeds two percent of
the city net tax capacity then the total
required local contribution would be
limited to two percent of the city net
tax capacity to qualify for the annual
exemption. The municipality would
have the discretion to allocate the
contribution among districts for which
the local contribution option has been
elected. In this situation, the bill
would further require that the munici-
pality make a minimum contribution
for each district equal to the lesser of
.25 percent of the city net tax capacity
and three percent of the increment
revenues. This particular provision
would be effective for elections of the
local contribution option made the day
following final enactment. The bill
would also clarify that it is permissible
to make a local contribution in excess
of the contribution required for a given
year and that such excess would be
credited to an account for the district to
be used for contributions in later years.
Certain restrictions would apply to
interest and investment earnings for
these accounts. The bill would also
f.. OWZC1
clarify that authorities are required to
publish their annual statements and
provide a copy to the state auditor by
July 1 of the subsequent year, begin-
ning July 1, 1996, for calendar year
1995. AA
Telecommunications
Development of telecommunications
resources
S.F. 2446 (J. Johnson, Langseth,
Runbeck, Flynn, Novak) would
appropriate $200,000 and authorize
the commissioner of transportation to
convene a community dialogue process
in which representatives of higher
education, health care, industry, labor,
state and local government, commu-
nity groups and adjoining states would
participate to gather information on
current telecommunications systems
and develop recommendations to
improve integration and coordination
of telecommunications systems and
report to the Legislature by February
15, 1997. Funding would be depen-
dent on $100,000 in matching contri-
butions. AH
Amateur radio volunteer system
S.F. 2488 (Murphy, Lessard,
Janezich) (Jobs, Energy & Community
Development) would establish an
amateur radio volunteer system by July
1, 1997, under the Division of Emer-
gency Management (DEM) to support
emergency communication throughout
the state. Plans developed by the DEM
would include training grants for local
groups and study of the feasibility of
installing communications towers,
repeaters and alternatives to cellular
communications. The bill would
appropriate $110,000 for training
grants and purchase of mobile unit
satellite phones for distribution to be
used on the state and local government
satellite telephone system. AH
Public television transmitter
construction
S.F. 2501 (Morse, Piper, Scheevel)
(Finance) would appropriate $1.1
million to the Austin school district
Page 20 LMC Cities Bulletin
Bill summaries continued
(ISD 492) to construct a TV transmitter
in Rushford to broadcast public
television signals from Austin to three
counties in southeastern Minnesota.
Provisions would be effective the day
following enactment. AH
Telecommuting
S.F. 2511 (Pappas, Flynn,
Robertson, Lesewski, Langseth) (Jobs,
Energy & Community Development)
would encourage telecommuting by
authorizing the Minnesota Department
of Public Safety to declare a
telecommuting day when weather and
road conditions prevent workers from
traveling in a timely or safe manner.
Employers would be encouraged to
urge as many employees as possible to
telecommute.AH
Transportation
Increase highway speed limits
H.F. 2088 (Winter, Mahon)
(Transportation & Transit) would
increase speed limits to 65 mph on
freeways, and to 60 on other highways,
retain the Dimler amendment which
prohibits the use of speeding viola-
tions less than 10 miles over the limit
on insurance policies, and eliminate
the authority for the transportation
department commissioner to adminis-
tratively order reductions in speed
limits. JJ
Joint task force on transit
coordination
H.F. 2164 (Clark, Lieder, Trimble,
Orenstein) (Transportation & Transit)
would require the Metropolitan
Council and the commissioner of
human services to establish a task force
on coordinating special transportation
services for the metropolitan area. JJ
Raise speed limits, restrict use of left
lane
H.F. 2178 (Bishop) (Transportation
& Transit) would establish speed limits
of 70 mph on interstate highways
outside the limits of any urbanized area
having a population greater than
50,000, and 65 mph on other interstate
highways and during the daytime on
other state roads. The bill would retain
the 55 mph speed limit during night-
time hours, limit the use of the left-
hand lane of multiple lane roadways
except for -passing, making a left-hand
tum, or when otherwise necessary or
directed. The bill would require lights
to be on at any time the vehicle is
operated outside the limits of any city
on a highway with not more than two
lanes. JJ
Omnibus transportation, transit,
motor carrier bill
H.F. 2262 (Dempsey) (Transporta-
tion & Transit) is a comprehensive
transportation and transit funding
proposal which also includes proposed
revisions to the prevailing wage
statutes and state speed limits, as well
as motor carrier regulations. JJ
Authorize cities and towns to set speed
limits
H.F. 2289 (Hackbarth, Rhodes,
Schumacher) (Transportation &
Transit) would authorize cities and
towns to set speed limits on any of
their streets and highways regardless of
the density, or intervals between,
buildings cor.!iguous to the street or
highway, and would repeal limitations
on the authority of local governments
to regulate speeds within certain
districts. JJ
Raise speed limits on expressways,
other roads during the day
H.F. 2349 (Tunheim, Bishop,
Bakk, Workman, Tomassoni) (Trans-
portation & Transit) would set speed
limits of 65 mph on expressways and
other highways during daytime hours
and 55 mph during the nighttime,
retain the Dimler amendment, and
repeal the transportation
commissioner's administrative author-
ity to establish speed limits. JJ
Metropolitan Council Transit
Operations
H.F. 2496 (Carruthers, Long, L.
Carlson) (Local Government &
Metropolitan Affairs) would provide
for the metropolitan council transit
f .V
operations to be subject to special
assessments. Most notably this would
enable cities to charge the metropoli-
tan council transit operations for road
improvements in front of bus shelters
and benches. JJ
Transit allocations, increased gas tax
H.F. 2502 (Wagenius, Rest,
Dawkins, Kelley, Marko) (Transporta-
tion & Transit) is a transportation and
transit finance bill. It would permit up
to 15 percent of net proceeds from the
motor fuel excise taxes to be deposited
in any transit assistance fund, would
phase in a three cent per gallon gas tax
increase and transfer the revenues from
the increase to the transit assistance
fund, and propose a constitutional
amendment to make this approach
legal to be submitted to the voters at
the 1996 general election. JJ
County state -aid highway fund road
improvements
H.F. No. 2648 (Dehler) (Local
Government & Metropolitan Affairs)
would prohibit assessments on road
improvements to include that portion
of the improvement being paid for out
of the county state -aid highway fund.
Dedication of new gas tax revenues
H.F. 2671 (Long, Marko, Kelley,
Rhodes, McElroy) (Transportation &
Transit) proposes a constitutional
amendment for new motor fuel tax
revenues to go to public transit
highways or other transportation
purposes while grandfathering in
existing gas tax revenues to only
transportation projects. The bill would
not propose to submit to the voters an
increase in the gasoline tax but rather
just to indicate where the increased
revenues would go if an increase is
passed in another or separate constitu-
tional amendment. JJ
Transportation and transit finance
H.F. 2881 (Cooper, Otremba, D.
Peterson) (Transportation & Transit) is
a comprehensive transportation and
transit financing package which
February 9, 1996 Page 21
Bill summaries continued
includes raising and indexing the state
gas tax, modifying the state aid
highway formulas, and establishing
new procedures and programs for
transit operations. The bill would also
propose a constitutional amendment in
the 1996 general election which, if
adopted, would require a certain
percentage of the motor vehicle excise
tax to be dedicated solely to public
transit. JJ
Metropolitan commuting area
transportation plans
H.F. 2949 (Long, Marko, Kelley,
McElroy, Larsen) (Transportation &
Transit) would require the Metropoli-
tan Council to evaluate proposed and
pending transportation projects, to
adopt a transportation policy plan, and
report to the Legislature in 1997 on
plans to improve transit service within
the metropolitan region. The bill also
proposes that the Metropolitan
Council identify means to ensure that
new development pays for itself
particularly with regard to transporta-
tion projects, and would involve
counties outside the metropolitan area
where at least five percent of residents
commute to metropolitan area employ-
ers or jobs. JJ
Toxics ban - allow lead in highway
marking products until July 1998
S.F. 2104 (Stevens, Johnston,
Langseth, Vickerman, Ourada) (Trans-
portation & Public Transit) would
delay the prohibition of the use of lead
in paint used in marking a road, street,
highway and bridge pavements until
July 1, 1998. JJ
Transportation regulation board
sunset
S.F. 2169 (Pappas, Flynn) (Trans-
portation & Public Transit) would
repeal the Transportation Regulation
Board on July 1, 1997, or earlier
depending on the ability to effectively
transfer the TRB's duties to other state
and local agencies. JJ
Transportation issues
S.F. 2378 (Laidig) (Transportation
& Public Transit) would increase state
speed limits to 70 mph on rural
interstate freeways and 65 mph on
other freeways, while keeping the 55
mph limit in other locations. The bill
would also authorize peace officers to
issue traffic citations for seat belt and
child restraint violations, repeal the
Dimler amendment, require certain
reports from the Department of Public
Safety and Department of Transporta-
tion regarding the changes affected by
speed limits and repeal the commis-
sioner of department of transportation
administrative authority to set speed
limits. JJ
Require local public hearings for toll
road facilities
S.F. 2489 (Ranum, Vickerman,
Flynn, Krentz, Johnston) (Transporta-
tion & Public Transit) would require
that before the commissioner of
transportation approves or denies the
development agreement for the
creation of a toll facility, the commis-
sioner must hold a public hearing in
each municipality or county through
which the toll facility runs. JJ
Dedicating gas tax increases to
multimodal transport '
S.F. 2505 (Pappas, Novak) (Trans-
portation & Public Transit) would
propose a constitutional amendment
for public transportation and proposes
the dedication of revenue from the
future motor vehicle fuel tax increase
to a new multimodal transportation
fund which would include financing
for transit operations. JJ
Utilities
Fee for storage of high-level
radioactive waste or spent nuclear
fuel
H.F. 2723 (Trimble) (Regulated
Industries & Energy) would require the
commissioner of public service to
collect a fee for storage of high-level
radioactive waste or spent nuclear fuel
z-24CI
under federal law from generators or
those responsible for those materials,
and release the funds to the U.S.
Department of Energy when the federal
government accepts responsibility for
the nuclear power plant waste and
spent nuclear fuel and has a long-term
storage and permanent disposal
repository operating to accept the
material. The bill would also direct the
commissioner, along with the chair of
the Minnesota Public Utilities Com-
mission (MPUC) and the attorney
general, to develop an interstate
regulatory agreement with other
regulatory agencies in the Midwest to
coordinate regulation of public
utilities in the region and require the
commissioner to report to the Legisla-
ture by next January 15 on progress of
these efforts and any regulatory or
legislative changes needed to reach
such an agreement. AH
Zoning and Growth
Management
Board of government innovation
H.F. 2421 (Opatz, Long, Wenzel,
Kelso) (Local Government & Metro-
politan Affairs) would establish a
"purchase of development rights" pilot
program under the board of govern-
ment innovation and cooperation. The
intent of PDR is for a local unit of
government to more effectively restrict
intense development by trading
additional development rights to a
developer who agrees or limits devel-
opment in accordance with the
restrictions of the local unit of govern-
ment. The bill proposes procedures
and requirements for communities
interested in these grants. JJ
Local government cooperative
planning and zoning
H.F. 2537 (V. Johnson, Long)
(Local Government & Metropolitan
Affairs) proposes amendments to
cooperative planning and zoning
among local units of government
which was originally part of the
Governor's advisory council on state
Page 22 LMC Cities Bulletin
Bill summaries continued
and local relations recommendations to
the Legislature in 1988. The bill
would define a designated area as an
area within the unincorporated local
unit of government (township) which
lies up to two miles in any direction
from its joint boundary with the
incorporated local unit of government
(city), and that area may also include
the area within the city up to one-
quarter mile in any direction from its
joint boundary with the town. One or
more local units of government by
resolution could request a meeting to
be held to discuss cooperative plan-
ning and land use activities between
local government units. Following
that meeting a resolution adopted by
the governing body of each local unit
of government could create a coopera-
tive planning advisory board or a
cooperative planning board which
could serve as the planning commis-
sion and/or city council for purpose of
land use regulation and official control
within the designated area. The bill
also provides authority, staff, and
dissolution procedures for these joint
planning activities. JJ
February 9, 1996
Public agency time deadlines
H.F. 2758 (Orenstein, Dawkins,
Trimble, McCollum, Brown) (Govern-
mental Operations) proposes an
amendment to the 60 day period time
limit bill passed last session regarding
land use and zoning permits. The
amendment is a technical correction
but this bill may serve as a vehicle for
further amendments and refinements to
the legislation. JJ
Property tax due before receiving
approval or permit
S.F. 1964 (Vickerman, D. Johnson,
Janezich, Pariseau, Dille) (Metropoli-
tan & Local Government) would
authorize cities and towns to require an
applicant for an amendment to an
official control under land use or
zoning or for a permit or other approval
under these sections to certify that all
property taxes, penalties, interest and
municipal utility fees due on the parcel
to which the application relates are
paid prior to issuing the permit or
approval. The League of Minnesota
L -2-d
Cities has policies supporting this type
of legislation. JJ
Township joint planning and zoning
S.F. 1998 (Hottinger, Pappas)
(Metropolitan & Local Government)
would provide for joint planning
boards covering land located outside
city limits. The bill would also
prohibit urban nonfarm development
with only some exceptions, on all
unincorporated land within six miles of
a municipality, unless the land pro-
posed to be developed and any
adjacent necessary land is first annexed
to a city. JJ
Simple majority to amend, adopt
zoning ordinances
S.F. 2156 (Mondale) (Metropolitan
& Local Government) would allow the
governing body of a metropolitan area
city to adopt and amend a zoning
ordinance by a majority vote of all of
its members. The bill would retain the
two-thirds vote requirement for all
other cities and counties. JJ
Page 23
'hraining/Conferences
NPDES Construction Site Storm
Water Permit Compliance Seminars
February 12—Brainerd
February 15—Saint Cloud
February 20—Marshall
February 22—Shoreview
February 27—Shoreview
February 29—Detroit Lakes
Legislative Conference
League of Minnesota Cities
February 29—St. Paul
(612) 281-1200
(800) 925-1122
Festival, Event Management Course
Minnesota Festival and Events
Association
March 8-9,1996
White Bear Lake
(612) 624-4947
1996 Leadership Development
Events
National League of Cities
April—Philadelphia, PA
May 31 -June 2—Fort Worth, TX
June 26-29—Charlotte, NC
July 19-20—Boston, MA
August 22-24—Seattle, WA
September 6-7—Denver, CO
(202)626-3170
Congressional City Conference
National League of Cities
March 9-12—Washington, D.C.
(202) 626-3000
Performance Benchmarking for the
Water Industry Teleconference
American Water Works Association
March 14, 1996 -St. Paul, Austin,
Brainerd, East Grand Forks, Hibbing
(612)591-5407
Page 24
Loss Control Workshops
Loss Control Workshops
League of Minnesota Cities Insurance
Trust
April 2—St. Paul
April 10—Austin
April 11—Worthington
April 17—St. Louis Park
April 23—Hibbing
April 24—Crookston
April 25—Detroit Lakes
April 30—Willmar
May 1—St. Cloud
(612) 281-1200
(800)925-1122
Annual Conference
League of Minnesota Cities
June 11-14—Rochester
(612)281-1200
(800) 925-1122
Clerk's Orientation
League of Minnesota Cities
August 13-15—St. Paul
(612)281-1200
(800)925-1122
Regional Meetings
League of Minnesota Cities
September 24, 25, 26
October 1, 2, 3, 15, 16, 17, 22, 23, 24
(612)281-1200
(800)925-1122
Policy Adoption Meeting
League of Minnesota Cities
November 22—St. Paul
(612)281-1200
(800)925-1122
Congress of Cities
National League of Cities
December 7-10—San Antonio, Texas
(202) 626-3000
'� conference Spotlight
The National League of Cities 1996 Congressional City Confer-
ence, Changing Governance in America will be held in Washington,
DC at the Washington Hilton Hotel and Towers from March 9-12.
Listen and learn about the federal issues that impact cities, towns
and villages; hear the national priorities for municipal leaders in 1996;
meet with national leaders on Capitol Hill; and network with colleagues
from all over the country.
For more information write or call National League of Cities, 1996
Congressional City Conference, 1301 Pennsylvania Avenue N.W.,
Washington, DC 20004, (202) 626-3105.
LMC Cities Bulletin
f.,- zj
We've more to offer
than our lakes,,
A statewide natural resource of over 200 ethnic groups.
For information call (612) 535-1051.
THE LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSIONS
Page 25 LMC Cities Bulletin
Z -2d
Municipal ads
Municipal ads are printed at no
charge to member cities. Ads run In
one issue only unless notice is
received to run a second time. The
Cities Bulletin is published weekly
during the legislative session and
every other week during the interim,
the time between sessions. Municipal
ads will appear in the next available
Cities Bulletin. Cities have the right
to reject any or all bids on equip-
ment or proposals, and to waive any
informalities there. Minnesota cities
are equal opportunity employers.
For information on placing an
ad, contact Gayle Brodt at (612)
2154033 (direct dial) or any
member of the LMC communica-
tions team at (612) 281-1200 or (800)
925-1122.
Positions
CITY BUILDING INSPECTOR. Thief
River Falls (population 8,050) is seeking a
building inspector. Minimum qualifications
include: high school degree; building
inspection technology degree or certificate;
or six years minimum experience as a
contractor or supervisor in activities
providing familiarity with building,
plumbing and mechanical construction
including zoning interpretation; or compa-
rable education, training and experience.
Must possess valid Minnesota driver's
license. Must be able to obtain building
official class II certification within three
years. Applications available at Minnesota
Job Service, PO Box 679, Thief River Falls,
MN 56701 or call (218) 681-0909.
Resumes and applications must be received
by the Job Service Office no later than 4:30
p.m. on Friday, February 23, 1996. Salary
based on qualification and experience.
Salary range is $22,578 to $34,736.
DEPUTY CITY MANAGER -
PARKS, PLANNING, PUBLIC WORKS.
Burnsville (population 54,000) is accepting
applications for the position of deputy city
manager for parks, planning and public
works. This position for managing and
supervising all functions of the division
including planning, engineering and parks/
public works maintenance. Work involves
developing short- and long-term goals,
objectives and policies for the division;
evaluating organizational and division
effectiveness, communicating regularly
�pSIN ESJ;�\ League of Minnesota Cities
I.ea ,rye of
Mi•aeeou cities
sog Business Associates
• Barna, Guzy & Steffen, Ltd.
• Bolton & Menk, Inc.
• Bonestroo & Associates
• CADD Specialists Corp.
• CSC Consulting & Systems
Integration
• DCA, Inc.
• Ehlers and Publicorp
• HDR Engineering, Inc.
• Honeywell Home and Building
Control
• Insight Investment Management/
Dain Bosworth
• Kennedy & Graven, Chtd.
• Larson Allen Weishair & Co.
• MacQueen Equipment, Inc.
• McCombs Frank Roos Associates, Inc.
• Minnesota Cable Communication
Association
• Norwest Public Finance
• Orr-Schelen-Mayeron & Associates
• R.A. Morton & Associates, Inc.
• Rieke Carroll Muller Associates, Inc.
• Rust Environment & Infrastructure
• Springsted, Inc.
• The Brimeyer Group Executive Search
• Toltz, King, Duvall, Anderson and
Associates
For Information on becoming a LMC Business Associate call Duke Addicks at (612) 281-1221.
with the City Council and departments; and
serving on inter -governmental task forces
and committees. Minimum qualifications:
Bachelor's degree in public administration,
business administration, engineering,
planning or related field; Master's degree
preferred. Must have and understanding of
local government operations with seven to
10 years of related high level management
experience in either public or private sector.
Familiar with engineering, maintenance and
planning functions. Must have strong
communication skills, a collaborative style
and vision to lead in an environment of
continuous improvement and change.
Salary range is $5,833 to $6,910 per month,
depending on qualifications. Closing date
for accepting applications is Monday,
February 26, 1996. Call Human resources at
(612) 895-4475 or TDD (612) 895-4567 for
an application.
HOUSING INSPECTOR. Saint Peter
is accepting applications for a part-time
housing inspector position. Under the
direction of the building official and
community development director, the
housing inspector is responsible for
inspecting residential and rental properties
in the city of Saint Peter. Requires any
combination of education and experience
equivalent to a high school degree,
possession of a valid Minnesota Class C
driver's license and experience in any of the
skilled construction trades. Wage range is
$7 to $10 per hour, depending on qualifica-
tions. Applications and complete job
description can be obtained by calling (507)
931-4840. Resumes and applications are
due by February 23, 1996.
PARK MAINTENANCE III, LEAD
POSITION. White Bear Lake seeks a
person to direct and perform functions
related to the maintenance of city park land
and related facilities. Ability to respond to
emergency call -out within 20 minutes
required. Minimum qualifications include:
high school degree, five years experience in
park maintenance, and a Minnesota CDL.
Desirable qualifications include: degree in
park management or related fields, and
training in the supervision of personnel or
public works management. Salary up to
$16.41 per hour depending on qualifica-
tions. Excellent benefits. Applications
available at City Hall, 4701 Highway 61,
White Bear Lake, MN 55110, or by calling
(612) 429-8526. Applications must be
postmarked by Friday, February 23, 1996.
POLICE OFFICER. Would you like to
work for a small, nine -person police
department located in a college town at the
gateway to the lake region, in the heart of
Minnesota's best small game hunting area?
We offer modern equipment, up-to-date
training, a professional atmosphere and a
work schedule the gives you every other
weekend off. Job includes a competitive
salary and an attractive benefit package. If
you are motivated and have above average
oral and written communication skills,
please contact the office of the Chief of
Police, Moms Police Department, PO Box
Page 26 LMC Cities Bulletin
Municipal ads continued
245, Moms, MN 56267, or phone (612)
589-2313 for a preliminary application,
more information on the position and the
hiring process. Closing date for this
position is 4 p.m. on February 23, 1996. All
applicants must be licensed peace officers
in the State of Minnesota or must have
taken the P.O.S.T. test and be eligible to be
licensed per P.O.S.T. rules. A four year
college degree or a two year college degree
with three years police experience is also
required.
PUBLIC WORKS DIRECTOR.
Spring Lake Park (population 6,528) is
seeking a public works director. Responsi-
bilities include supervision of five employ-
ees; coordination and supervision of daily
operation of water and sewer operations;
buildings and ground maintenance; street
maintenance, including snow removal;
routine vehicle and equipment operation
and maintenance; and a variety of other
duties to include budget preparation and
administrative reporting. Position reports to
the city administrator and works closely
with parks and recreation director to
allocate all personnel and equipment in the
most cost effective manner. Requires the
ability to handle inquiries from citizens,
contractors and others concerning depart-
ment operations; excellent written and oral
communication skills; ability to develop
and maintain effective work relationships
with city staff, public and other organiza-
tions; a thorough knowledge of all aspects
of public works operations and ability to
perform most tasks. Minimum qualifica-
tions: high school or GED equivalent; valid
Class B driver's license; possession of a
Class C water operator's certificate; Class
SD wastewater operator's certificate; five
years experience in public works field or
closely related service environment. Three
years supervisory experience and through
understanding of electronics preferred.
Salary range is $38, 264 to $42,515 (1995
rate) depending on qualifications. Excellent
benefit package. Submit resume and official
city application by 5 p.m. on February 23,
1996 to City of Spring Lake Park, 1301
81 st Avenue, N.E., Spring Lake Park, MN
55432.
SENIOR ACCOUNTANT. Austin
(population 21,926) is accepting applica-
tions for the position of senior accountant.
Duties include fund accounting, fixed asset
records and grant tracking. Minimum
qualifications include Bachelor's degree in
accounting, finance, business or closely
February 9, 1996
related field, plus three years of progres-
sively responsible municipal finance work
or an equivalent combination of education
or experience. Strong computer skills a
must. Starting salary range is $32,000 to
$35,000. To request an application packet,
contact City of Austin, 500 4th Avenue NE,
Austin, MN 55912 or phone (507) 437-
7671. Applications must be received by
March 1, 1996.
STREET MAINTENANCE III, LEAD
POSITION. White Bear Lake seeks a
person to direct and perform functions
related to the maintenance, repair and
inspection of city streets, storm sewer and
related infrastructure. Ability to respond to
emergency call -out within 20 minutes
required. Minimum qualifications include:
high school degree, five years experience in
operation of equipment used in maintenance
and construction of streets and Minnesota
CDL. Desired qualifications include
vocational degree in public works mainte-
nance operation or related fields, consider-
able knowledge in bituminous pavement
practices and materials, and training in the
supervision of personnel or public works
management. Salary up to $16.41 per hour
depending on qualifications. Excellent
benefits. Applications available at City
Hall, 4701 Highway 61, White Bear Lake,
MN 55110, or by calling (612) 429-8526.
Applications must be postmarked by Friday,
February 23, 1996.
UTILITY SUPERINTENDENT.
Dassel is seeking applications for a utility
superintendent who will work directly with
the five -member city council. Duties
include overseeing the water, sewer, streets,
parks and sanitation utilities. Class B
driver's license required. Class D sewer and
Class C water licenses desired, or able to
obtain in a short amount of time. Resume
outlining applicant's education, training,
experience, licenses, certifications and other
relevant skills and qualifications. Salary
depends on qualifications. Resumes will be
accepted until February 16, 1996. Mail to
City of Dassel, 460 Third Street, PO Box
391, Dassel, MN 55325-0391. Phone (612)
275-2454.
For sale
AIRPORT RUNWAY LIGHTS.
Princeton has airport runway lights
available for immediate sale. These lights
include: four strobe runway end indicators,
three PAPI units, 88 individual runway
lights with voltage transformers and push -in
L Zd
type low voltage bulbs, 64 runway light
mounting cans, and 37 individual 120 -volt
runway lights, ground stake mounted.
Contact City Hall, (612) 389-240, if
interested.
FIRE TRUCK. Columbia Heights has
a 1960 Pirsch 1,000 GPM for sale. In good
condition. For more information, contact
Fire Chief Charles Kewatt at (612) 782-
2830 during business hours.
EXERCISE EQUIPMENT. Marcy
Physical Fitness Master Gym. For more
information, contact the Columbia Heights
Fire Department at (612) 782-2830.
PARADE FLOAT. Golden Valley is
accepting sealed bids for the sale of one
parade float, 8 feet by 24 feet. Sealed bids
will be received until 10 a.m. on March 5,
1996 by Mark Kuhnly, City of Golden
Valley, 7800 Golden Valley Road, Golden
Valley, MN 55427. Bid envelope to be
marked "Parade Float." Golden Valley
reserves the right to reject any and all bids.
PUMPER. Babbitt has for sale a 1977
Ford C-750 pumper, 391 V8, 750 g.p.m.
John Bean pump (rebuilt in 1994), two
electric hose reels with 100 feet of one inch
booster line, 500 gallon tank, five speed
transmission, 16,349 miles, light and siren
intact. May be inspected at the Babbitt City
Garage by making arrangements with the
clerk treasurer, (218) 827-2188. Bids will
be accepted by mail until February 29,
1996. Send bids to City Clerk -Treasurer, 12
Babbitt Road, Babbitt, MN 55706 in an
envelope marked "Fire Pumper Bid." The
city reserves the right to reject any and all
bids.
TRUCK. Arden Hills will sell one
1988 Ford one ton 4 x 4 with dual rear end
by sealed bid. Options include: 460 v8
(gasoline), two yard dump box, nine foot
Leo Plow, central HYD system, mileage is
44,000. Bids are to be sealed and sent to the
attention of Parks and Recreation Director
Cindy Walsh, 1450 West Highway 96,
Arden Hills, MN 55112 on or before
February 20, 1996. Bids will be opened at
10 a.m. on February 20, 1996. The
minimum bid will be $7,500. The success-
ful bidder will be responsible for payment
of sales tax, registration and transfer fees.
These fees will be calculated and payable to
the New Brighton Licenses Bureau. Arden
Hills reserves the right to accept or reject
any or all bids. Pick-up may be viewed at
the public works garage Monday - Friday,
between 7 a.m. and 3:30 p.m.1C
Page 27
LMC
Lague of Minnesota Cities
Cities promoting excel!e ce
145 University Avenue West
St. Paul, SIN 55103
Plione: 612-281-1200
Fax: 612-281-1299
TDD: 612.281-1290
1-800-925-1122
The League of Minnesota Cities publishes the Cities
Bulletin weekly during the Legislative session and
bi-weekly during the interim, the time between
sessions. Subscriptions: members -$40; non-
members -$60. Contact: Communications
Department, League of Minnesota Cities.
Where to get information at
the Capitol
Copies of bills
House Chief Clerk's Office -
296-2314, Rm. 211 *
Secretary of Senate's Office -
296-2343, Rm. 231*
Bill status, authors, companion,
committee referral (by bill number,
author, or topic)
House Index - 296-6646,
Rm. 211*
Senate Index - 296-2887,
Rm. 231 *
Weekly committee schedules, bill
introductions, and summaries of
committee and floor action
House Information Office -
296-2146, Rm. 175**
Senate Information Office -
296-0504, Rm. 231*
Recording of the following day's
committee schedule and agenda,
(after 4:30 p.m.)
"House Call" - 296-9283
Senate Hotline - 296-8088
To reach a member on the House
or Senate floor
House Sergeant at Arms -
296-9749
Senate Page Desk - 296-4159
To notify the governor's office of
your concerns
Governor Arne Carlson -
296-3391, Rm. 130*
*State Capitol, St. Paul, MN 55155
**State Office Building, St. Paul 55155
All area codes are 612
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FIRST CLASS
U.S. POSTAGE
PAID
St Paul, MN
PERMIT NO. 3223
[: til i gh t. _r� hr -i_ a I
Mat-' .
341711 P1wiouth B1k.)d
Fl,:nfiouthMN 5544; 11,
League of Minnesota Cities staff working with legislative issues
Jim Miller, Executive Director
Stan Peskar, General Counsel
Pensions
Gary Carlson, Director of Intergovernmental Relations (612) 281-1255
E-mail: GARYC226 a AOL.COM
General revenue sources for cities
Local government trust fund
Aid to cities
Property tax system
Andrea Atherton, Intergovernmental Relations Representative (612) 281-1258
Tax increment financing
Land use
Ethics
Economic development and redevelopment
Fiscal issues
Housing
Ann Higgins, Intergovernmental Relations Representative (612) 281-1257
Telecommunications
Housing
Elections and ethics
Utility service districts
Joel Jamnik, Senior Intergovernmental Relations Representative (612) 281-1256
Growth management and land use
Environmental protection
Personnel and labor relations
Public safety
General municipal governance
Eric Willette, Legislative Policy Analyst (612) 281-1263
Mary Diedrich, Legislative Secretary
Mickey Marx, Legislative Secretary
LeVWof Mtnnaota Cities
BUILDING DEDICATION AND OPEN HOUSE
THURSDAY, FEBRUARY 299 1996
2:45 - 5 P.M.
fie League of Minnesota Cities
warmly invites the city council and staff to our
building dedication and open house ceremony,
to be held immedjatelyfoMMdng the Legislative Conference.
?oin League members, board, staff andfiendsfor a
celebration and tour of the League's new home.
Ligkt refreshments and vocal entertainment.
92916464
SENT BY: 2-12-96 : 14:13 : METRO COUNCIL- 612+509+5407:# 1/ 2
Suburbs
say ho
using
rules unfair
Guidelines reward areas
that have affordable homes
LYNDA MaDONNELL STAFFwRITER .
Complaints of exclusion are common when the subject is
affordable housing. But when a Metropolitan Council committee
debated the topic last week. the complaint came from an unex-
pected .source: Plymouth, one of the Twin Cities' wealthlest,
fastest-growing suburbs.
According to Plymouth officials, one pot of money available
under the new Livable Communities Act — $25o,0o0 to spur
development of moderately priced, owDer-occupied housing --
unfairly excludes communities that have developed little such
housing in the past.
"They were basing it not on efforts but on history.... We're
not in control of that:' complained Ante Hurlburt, community
development director in the western suburb, where few apart-
ments are affordable to a four -person family earning $27,000 a
year. This equals half the region's median income. an index of
affordability favored by the Met Council.
Council members agreed with Hurlburt's complaint and by
week's end, had resolved matters to her satisfaction: communi-
ties like Plymouth will be allowed to apply for funds from the
pool but will have low priority.
"It's good politics, and it's good policy," declared Charles
HOU3 110 CONTINUED ON 4A ►
HOUSING
CONTINUED FROM IA
Arnason, a lawyer and Met Council mem-
ber from Marine on St. Croix.
But the compromise doesn't satisfy ev-
eryone. Although this tempest is minor, it
points to deeper disagreements about
how best to spend $12 million under the
new state program and millions more in
state and philanthropic funds that are
being tied to it.
The central question, as always in poli-
tics, is who gets the money. Should high .
priority go to suburbs that have built
low-income housing in the past? Or
should it be given to communities that
previously ignored or resisted develop-
ment of such housing, precisely because
this is where the need i�l now greatest?
Do you invest where people have
"Do you invest 'where
People have made a
commitment? Or do you
try to get things to
happen where they
haven't happened
before?"
JAMES SoLEM
METRO COUNCIL'S REGIONAL
ADMINISTRATOR
also reflected a growing consensus that
something should be done to fix the min•
match lxstwcen cheap housing at the core
ge j
and low-waobs in the suburbs. rsut
Republicans insisted that the program
use incentives, not penalties.
Some 97 communities in the Twin Pi►_
�., _
SENT BY
't'', ..oYl,lll' V11 ,ll lam(VIX.
B t the compromise doesn't satisfy ev.
cryo It. Although this tempest is minor, it
_. .. poin s to deeper disagreements about
how best to spend $12 million under the.
new tale program and millions more in
stat and philanthropic funds that are
bein tied to it.
T central question, as always in poli.
tics, is who gets the money. Should high
prio ty go to suburbs that have built
low- ncomc housing in the past? Or
shou d it be given to communities that
previously ignored or resisted develop.
meni of such housing, precisely because
this i where the need is now greatest?
d
you invest where people have
maa commiyrlent? Or do you try to
get t Zings to happen where they haven't
Kapp ned before?" asks James Solem,
the A etro Council's regional administra-
tor. I he debate reflects a "policy schizo-
phre ia," he says.
"N body wants to be left out, but they
also ant to make sure everybody else
does eir share."
P1 outh reflects the dilemma. Only
15 pe cent of the city's rental housing is
affor able to people earning less than SO
3 perce t of the median. That's far less
than a 35 percent to 41 percent in other
north extern suburbs -- the benchmark
used y the Metro Council.
Giv an the high cost and small supply of
developable land, though, Plymouth will
have a hard time reaching that goal.
Hurlb rt acknowledges. But the city is
makirg an effort, she says: It is evalu-
ating zoning regulations to see if some
discourage moderately priced housing
ands outing for small parcels of land
suited to such development.
Un r the Metro Council's priorities,
Plym uth would have an equal shot at
I funds o build affordable apartments but
little hance of getting money for home
owner hip projects.
Sol defends using a city's existing
Supp] of affordable apartments as a cri-
teria r getting home ownership funds.
Rigb ost, limited subsidies and home•
owner opposition make rental projects
more ifficult to accomplish than home
owner hip projects. Therefore, communi-
ties n d an extra nudge.
"Re tal is the toughest to get a -distri.
bution of. We wanted people seriously to
think bout rental as part of package,"
Solem said. "That keeps it on the ager.
da..
Whe I the Legislature passed the Liv-
able mmunities Act last year, it gave
the Metro Council instructions to offer
them Ley as matching funds to commu-
nities ith projects aimed at rebuilding
the ur an core or building moderately
i priced ousing at the fringe of the metro
area, here job growth..is fastest. It was
J a smal step to entice,Isuburbs to offer
more h using options to low-income peo-
', pie ant relieve a growing concentration
of pov rty at the urban core.
The ct was a compromise between,,
e
two a mes: urban DFLers, who want-
ed to orce growing suburbs to share
1 their base growth, and suburban Re-
publlca s, who wanted the status quo. It
2-12-96 : 14:14 METRO
happen where they
haven't happened
before?" - - -
JAMES SOLEM
METRO COUNCIL'S REGIONAL
ADMINISTRATOR
COUNCIL- 612+509+5407:# 2/ 2.
also reflected a growing consensus that
something should be done to fix the mis-
match between cheap housing at the core
and low-wage jobs in the suburbs. But
Republicans insisted that the program
use incentives, not penalties.
Some 97 communities in the Twin Cit-
ies region — from tiny Hilltop to giant
Minneapolis — have signed up for the
program. By signing up, the communities
agreed to accept affordable housing
goals, develop action plans and have the
Council monitor their progress. They also
gained access to $12 million in state
matching funds to expand affordable
housing, clean up polluted sites and re-
store decaying neighborhoods.
Only $1 million of that total Is for
affordable housing. But that's being sup-
plemented by two other funds for afford-
able housing that have decided to rae the
Metro Council's selection criteria and ap-
Oication process. In cooperation with the
Metro Council, the Family Housing Fund
of Minneapolis and St. Paul, aprivate
philanthropy, will invest $1.2 million in
affordable apartments in the suburbs,
and the Minnesota Housing Finance
agency will invest $3 million of state
money.
"We're worried because it's proliferat-
into more than one program," said
Plymouth's Hurlburt.
Now, as the Metro Council opens the
first round of applications for funds, the
debate over selection criteria has begun.
Sen. Ted Mondale, DFL -St. Louis Park,
believes communities like Plymouth
should have high priority for all housing
incentive funds. "The intent was to spur
affordable housing in whatever manner
possible in those communities that were
experiencing the benefit of high job
growth."
Rep. Ron Abrams, a Minnetonka Re-
publican, agrees. "Communities will be
penalized for not reaching a benchmark
and then will be criticized for not doing
it. It makes no sense whatsoever. The
priority should be a project -by -project
basis."
But such decision-making is impossi-
ble, Solem says. "You can't be doing
things on a case-by-case basis because
that's when you get in trouble.. The
same people will say when you get in
trouble, 'You're applying a different set
of standards. Why aren't you doing it the
same way?' You're caught betwixt and
between."
Solem emphasizes the positives: Sub-
urbs' interest in Livable Communitles, a
program unique among American cities,
has been high, and controversies have
been modest. This one will pasq, he says.
"We try and get as close to the middle
as we can, and when we don't, vye hear
about it and things chanve."
i
i
February 9, 1996
Mr. Lowell Whiteis
15325 Co. Rd. 47
Plymouth, MN 55446
Dear Mr. Whiteis:
Thank you for your letter concerning planning for Northwest Plymouth. Your letter
will be shared with the members of the Planning Commission and City Council.
The City of Plymouth will be updating its Comprehensive Plan to address the issue of
whether urban services should be expanded to all or part of the area that is currently
outside of the MUSA line. Participation of all residents and landowners in the area
will be welcomed. We expect to start the planning process with a public meeting to be
held sometime in the spring, and will notify you by mail when a date is set.
Thank you once again for your letter. Please feel free to call me at 509-5401 if you
have any questions.
Sincerely,
Anne W. Hurlburt, AICP
Director of Community Development
cc: Mayor and City Council
Kathy Lueckert, Assistant City Manager
PLYMOUTH A Beau ti fulPlaceTo Live
February 6, 1996
To: Anne W. Hurlburt, AICP
Director of Community Development
AVE
--3
'J FEB - 1996
CITY OF PLY' -'00TH
C^P"',UNITY DEVE(OPI, T rI PARTMENT
CC: Honorable J -- �---�
Mayor, City of Plymouth
We recently learned a number of residence in northwest Plymouth
circulated a petition last summer, requesting the city to restrict development
in this area.
I'm writing to let you know that many of us living in this area do not
agree with this petition and until a couple of weeks ago, did not even know it
existed.
Virtually all of us who own property east of Vicksburg Lane, are in favor
of a well planned residential community, consistent with the rest of
Plymouth.
This will enhance the beauty of this area, prevent pollution of our
numerous wetlands, facilitate the sharing of our quality of life with many
more people, better utilize the new schools and parks in this area, enhance
the tax base of the city and yes, economically benefit those of us who have
owned this property and supported the city of Plymouth for many, many
years.
If allowed to develop as proposed in the petition, we will have a
hodgepodge of houses, sheds, equipment etc. on every S acres, creating a
real mess to look at, to say nothing of the ecological threat of hundreds of
private wells and failing septic systems.
We ask that the city not stray from its course of well planned community
development. That you maintain the standards that have made Plymouth
one of the most desirable cities in our state and that you proceed with plans
to develop the full potential of northwest Plymouth.
Thank you for your consideration.
Sincerely,
Lowell and Doris Whiteis
THE GYM
2855 Glacier Lane
Plymouth, MN 55447
(612) 553-0171
February 7, 1996
City of Plymouth
Joy Tierney
3400 Plymouth Boulevard
Plymouth, MN 55447
Joy Tierney:
Congratulations on your special election outcome! I'm sure you are very pleased with the results.
I'm sure that you already know that I am very concerned with the proposed relationship the City of Plymouth is
going to have with Lifetime Fitness. I cannot compete against a partnership with the City of Plymouth and
Lifetime Fitness. Even if the City of Plymouth does not complete a partnership with Lifetime Fitness, you have
already sent out two newsletters and one special election notice mentioning Lifetime Fitness. I do not believe
that any business can survive against a joint agreement between the City of Plymouth and a private enterprise.
I know that I cannot stop the City of Plymouth from doing a joint venture with Lifetime fitness. All I am asking
is for the City of Plymouth to help me compete on a more fair level against this unique partnership.
I would like to be included in the City of Plymouth newsletters. Every time the City of Plymouth mentions
Lifetime Fitness, it sends a message out to the residents that the City approves of the health club. Any govern-
ment agency that writes about a private enterprise and then goes into business with them seems very credible.
personally would want to join a health club that the City endorses. I believe the public feels the same way.
Advertising is a numbers game. You know this from your own election. The more times someone sees your
name, the more inclined they are to act on it. You have already mentioned Lifetime Fitness in three of your
publications that have been sent to everyone in the City of Plymouth. The postage alone would have cost close
to $20,000.00. This is a lot of FREE advertising that you are giving away. All I ask is that I get the same expo-
sure and backing that you are giving Lifetime.
I know that you want your project to succeed and you really do not care about me. Try to understand that I
have spent the last 17 years of my life (the last ten years in the City of Plymouth) building my business. This is
my livelihood and I cannot and should not have to compete against my own City.
I look forward to hearing from you.
Sincerely,
?im2ngn�er
low
February 7, 1996
Mayor Joy Tierney and
City Councilmembers
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mayor Tierney and City Councilmembers:
My colleagues on the District 284 School Board join me in extending
congratulations to you, the City Council, and the City staff on the success of
the sports facility referendum.
It is quite obvious that the residents of Plymouth are very supportive of the
vision and long-range plans of their community leaders; we're pleased to be
a part of these collaborative efforts.
Again, CONGRATULATIONS! These are exciting times.
Sincerely,
41L-4��
Debbie Jamrogiewicz
School Board Chair
DJ. LMB13
c: Paul Beilfuss, District 284 Superintendent
DISTRICT ADMINISTRATIVE OFFICES 210 NORTH COUNTY ROAD 101 P.O. BOX 660 WAYZATA, MN 55391-9990 (612) 476-3100 FAX: (612) 476-3214
' Z— 4c.
CITY OF
PLYMOUTF+
February 9, 1996
Dr. Paul Bielfuss, Superintendent
Independent School District 284
210 County Road 101 N.
P.O. Box 660
Wayzata, MN 55391
Dear Paul:
I am pleased to provide you with a copy of a City Council resolution approved
unanimously on Wednesday, February 7, 1996 relating to your request for
$700,000 of Tax Increment Funds.
The resolution gives conceptual approval, subject to a written agreement on the use
of the funds. As your letter indicated, I believe we are in general agreement that
the funds should be used for recreational facilities that mutually benefit the School
District and the City of Plymouth.
The City continues to appreciate the excellent working relationship with you, your
staff, and the board. The public is receiving substantial benefits from our efforts
together.
Please call if you have any questions.
Sincerely, //nn
� . V
Dwigh D. Johnson
City Manager
PLYMOUTH A Beautiful "Pluce'To Live
DATE:
TO:
FROM
SUBJECT:
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
FAX TRANSMISSION
February 7, 1996
Representative Richard Stanek
Representative H. Todd Van Dellen
Representative Ron Abrams
Representative Peggy Leppik
Dwight Dvohnson, City Manager
Senator Warren Limmer
Senator Gen Olson
Senator Martha Robertson
Metropolitan Housing Implementation Group Selection Criteria
As a result of everyone's efforts in contacting Metropolitan Council Members and staff and
staff at MHFA, the threshold eligibility criteria for homeownership program funding has been
deleted by the Metropolitan Council's Community Development Committee and the
Metropolitan Housing Implementation Group Od IIG). In its place, a new competitive criteria
was adopted that provides a priority for such funding for "communities that have met, or are
currently undertaking projects to meet, their negotiated affordable rental goal." We view this
new competitive criteria as a reasonable and acceptable means to evaluate proposals for
funding, consistent with the language and intent of the Metropolitan Livable Communities Act.
The full Metropolitan Council will be considering this change at its meeting on February 8th.
MHFA staff have advised us that they will be recommending to the MHFA Board that it also
adopt this same change to its previously adopted selection criteria. It is likely that MHFA will
conform to the actions taken by the Metropolitan Council and the MHIG.
We would like to thank each of you for your assistance in facilitating these changes. Although
the funding for these programs may be small at this time, it was important that we keep on
course philosophically with the original intent and spirit of the Livable Communities Act. If
you have any questions regarding this matter, please contact Ed Goldsmith, HRA Supervisor at
509-5412.
cc: Plymouth City Council Members
Roger Peterson, Association of Metropolitan Municipalities
Robert Renner, Municipal Legislative Commission
Anne Hurlburt, Community Development Director
Ed Goldsmith, HRA Supervisor
Metropolitan Council
Working for the Region, Planning for the Future '
February 9, 1996�-
Local Officials - Livable Communities Cities:
The purpose of this letter is to touch base with you about Livable Communities and to address complaints
that we have heard
Since the signing of the Livable Communities Act on June 1, 1995, the Metropolitan Council and our partner
cities have worked at an unbelievable pace to meet statutory deadlines. In addition, we have all worked hard
to create a win-win approach to goal setting. Finally, we at the Council have attempted to "work outside the
box" in an effort to be creative and to achieve the results expected by the Legislature.
As with most new ventures, we are now experiencing some growing pains. In a perfect world, with unlimited
time available, we would have structured our approach in a way to ensure maximum participation.
Unfortunately, as with many programs today, we find ourselves balancing an ideal process against the need to
achieve short-term results.
Frankly, I believe that we have all done a remarkable job moving our region forward. In addition, I am
gratified by the willingness of cities to trust the Metropolitan Council and, perhaps more importantly, your
willingness to express criticism and dissatisfaction in an open manner. Specifically, I refer to two situations
which scem to have caused the greatest concern among cities: 1) the selection of "pilot" cities for the
demonstration account and; 2) threshold criteria proposed for the Local Housing Incentives Account.
The feedback we have received regarding the selection of pilot demonstration projects is that the selections
appear to be: (a) politically motivated, (b) exclusionary, and (c) done without any consultation of the cities
participating in the program.
While we certainly understand how cities might view the pilot process as exclusionary, we ask for your
support as we attempt this fust effort at "working outside of the box." Due to the lack of concrete examples
of compact, efficient, transit -oriented development in the Twin Cities, we decided, in consultation with the
Urban Design Center, and the authors of the Livable Communities Act, to select five projects that would
demonstrate the range of possibilities and make the concept real. In our haste to "make something happen"
we chose the pilot projects without broad-based input. Our bias in this situation was toward achieving
results.
In response to your concerns, and to ensure the viability of these projects, the Livable Communities Advisory
Committee will judge them against the established selection criteria. In addition, we have limited grants to
the five projects to a maximum of one-half of the fast year's funding ($2.3 million). The remaining amount
will be distributed via an RFP process beginning March 1996.
230 East Fifth Street St. Paul. Minnesota 551 m -1 Ria rR r m 901 _Rvao P— oo r _RFFn Tnn /7-ry 901 _AOnA Mt— r.,r r Ins. ')')o-z7Rn
,J , k e. -O
Local Officials
February 9, 1996
Page 2
The other complaint that we have received is that threshold eligibility criteria for homeownership projects for
the Housing Incentives Account excludes those cities who have not attained their rental housing benchmarks.
These facts are correct, and, in response to your concerns we have amended the criteria to provide maximum
inclusiveness under this fund.
In conclusion, we believe that the Livable Communities process has been a remarkable undertaking. We
have established the ground work for a' new way of doing business. While we have had a few bumps in the
road, I think it is a testament to our newly developed trust that there can be disagreement, dialogue, and
resolution.
In order to explain this information more completely, and update you on the action planning process which
kicks off February 16, additional information will be sent you under separate cover in the next few days.
Thank you for your continued patience and support.
Sincerely,
<:: 5 "-A�
Craig R Rapp
Director, Community Development Division
cc: Metropolitan Council Members
h:Uibraryloommnmdvka020896.ltr
DATE:
TO:
FROM
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
FAX TRANSMISSION
February 12, 1996
Representative Richard Stanek
Representative H. Todd Van Dellen
Representative Ron Abrams
Representative Peggy Leppik
Dwight D. Johnson, City Manager
Senator Warren Limmer
Senator Gen Olson
Senator Martha Robertson
SUBJECT: Housing Pool Allocation from the MHFA City Participation Program
This is a follow-up to another issue discussed at the Plymouth Legislative meeting on January
30th. Ed Goldsmith, HRA Supervisor has been discussing the status of Plymouth's eligibility
for an allocation of City Participation Program first time homebuyer mortgage funds with
Tanya Orr at the MHFA. Language is expected to be proposed by either Senator Murphy or
Senator Pogemiller for Senate File # 2594 that would reduce the penalty from two years of
ineligibility to one year for participating cities, such as Plymouth, that were not able to use
their minimum 1995 bond allocation,. The companion House File # 2415, has already been
passed and the additional language will have to be agreed upon in conference. Because of the
timing of the 1996 City Participation Program and the 1996 bond sales, it was considered
impractical to completely eliminate the penalty.
After discussing the situation with MHFA staff, City staff will be working to submit an
application to MHFA for its Community Activity Set -Aside (CASA) program as an alternative
source for 1996 assistance for fust time homebuyers in Plymouth. We believe that these
actions will provide Plymouth with reasonable access to funds to assist first time homebuyers
in 1996. We would request that you support the language being proposed for Senate File #
2594 in this matter.
The contacts with MHFA that were made by Plymouth Legislators on our behalf are greatly
appreciated and helped in resolving this issue for the City. If you have any questions
regarding this matter, please contact Ed Goldsmith, HRA Supervisor at 509-5412. Thank you.
cc: Plymouth City Council Members
Anne Hurlburt, Community Development Director
Ed Goldsmith, HRA Supervisor
U S WEST Communications, Inc.
150 South Fifth Street, Suite 3300
Minneapolis, Minnesota 55402
612 663-6911 (Bus)
612 663-8331 (Fax)
James D. Smiley
Vice President - Minnesota
February 9, 1996
Dear Valued Customer:
,Y
Although I am new to Minnesota and h -el 't had
meet you personally as yet, I wanted to eep You
an important agreement that was reached t�,on
COMMUNICATIONS Q
an opportunity to
-.inforrmdd regarding
iday, February 9.
On that date, U S WEST announced a commitment to fund $5 million
in telecommunications projects to benefit our customers across the
state. Our pledge of funds is part of an agreement reached with the
Minnesota Department of Public Service and the Office of the Attorney
General.
In the agreement, which is subject to approval by the Minnesota Public
Utilities Commission (MPUC), we also outline our plans to expand our
Customer Service Guarantee Plan. Among its provisions, we will
provide reimbursements to customers for the inconvenience created if
we miss a commitment.
In addition, following the required approval by the Federal
Communications Commission, we will also provide cellular service if a
customer's order for primary telephone service is held up for more
than seven days.
U S WEST's top priority has been and will always be providing high-
quality service to our customers. We enter into this agreement
because it is consistent with our commitment to provide quality
telephone service, it will benefit our customers in Minnesota and
enhance the usage of our state's telecommunications infrastructure.
If approved by the Commission, this agreement will close the door on
a service quality inquiry initiated by the Department of Public Service
in August 1994. As you may recall, that inquiry examined the quality of
U S WEST's service during 1993 and 1994 in a broad range of areas
and found it lacking in two — the interval, or length of time, it took us
to complete repair service for customers experiencing trouble and
customer access into our business offices.
While the vast majority of our customers consistently receive the high
quality service they have come to expect from us, we acknowledged
the quality of our service in 1994 dropped below levels acceptable to
us, our customers and regulators.
Two factors contributed to our difficulties. First, to improve service
quality over the long term, we undertook replacement of inadequate
and out-moded service delivery processes in a massive reengineering
effort. Second, we were busier that we had ever been and
experiencing explosive growth in the demand for customer telephone
lines — particularly in second lines.
We took aggressive action to address the problem areas and made
significant improvements. In 1995, we met our objective in answering
calls from customers into our business offices — an objective we did
not meet in 1994. We also made substantial improvements last year in
the overall length of time it takes to clear a report of trouble. In
January 1995, it took an average of 30 hours to clear a report of
trouble. In January 1996, that average was reduced to 25 hours.
At the same time, we again managed record breaking growth. In
1995, we exceeded 1994's growth rate by almost 70% and added
88,000 access lines. In addition, we consistently met the service
quality benchmarks set by the Minnesota Public Utilities Commission
in five major areas:
1) The percent of customers reporting repair problems. U S WEST
reports 98.5 percent of its customers lines never experience a
service -affecting repair problem.
2) The interval it takes to provide dial tone when a customer picks
up the phone to place a call. 99.97 percent of the time a dial tone
is delivered within 3 seconds.
3) The interval offered to install service for residence and business
customers.
4) Meeting residence and business installation commitments.
5) Providing facilities to install service (held orders).
In short, we have made great improvements. But, all of our problems
are not solved. We still have improvements to make and we continue
to face the challenge of an increasingly competitive marketplace.
While our service has improved, customer expectations are higher
than ever. I want to assure you that we will continuously strive to meet
or exceed customer expectations here in Minnesota.
Thank you for taking time to read this information and for your
continued interest in telecommunications issues impacting our state.
Sincerely,
Jim miley
Vice President -Minnesota
MINNESOTA
HOUSING
FINANCE
EE3AGENCY
February 12, 1996
The Honorable Joy Tierney
Mayor of Plymouth
City Hall
3400 Plymouth, Boulevard
Plymouth, MN 55447-1482
Dear Mayor Tierney:
I am writing to address concerns which have been raised regarding the
Metropolitan Housing Selection Criteria. These Selection Criteria have been
jointly developed by the Minnesota Housing Finance Agency, the Metropolitan
Council, and the Family Housing Fund to implement the liveable Communities
Act and the Governor's Economic Vitality and Housing Initiative.
I understand that you have concerns about a section which - as originally
drafted - required a community to have met its benchmark for rental housing in
order to be eligible for funding for homeownership projects. Although a number
of communities supported this provision, particularly fully developed
communities, several members of the Metropolitan Council raised legitimate
concerns about establishing an absolute bar to certain affordable housing
resources.
Accordingly, the Metropolitan Council has modified the provision by changing it
from a threshold criteria to one of several competitive criteria as follows:
Priority for homeownership projects will be given to communities that have
met, or are currently undertaking projects to meet, their negotiated affordable
rental goal.
The group which developed the Selection Criteria fully concurred with the
changes proposed by the Metropolitan Council, and I will ask the Agency's
Board at its February meeting to make the same changes to our Metropolitan
Housing Investment Policy.
During the course of the discussion at the meeting of the Metropolitan Council's
Community Development Committee, 1 was shown a copy of a memo written by
a member of your housing staff to Representative Ron Abrams. The memo
listed Minnesota Housing Finance Agency programs which were and were not
subject to the Metropolitan Housing Selection Criteria. The memo contained a
number of inaccuracies. The material which I presented to our Board at its
400 Siblev Street. Suite 300. St. Paul. Minnesota 551(11 IR191 9QR.7RAA TPIPenniar IR191 9QR.A1IQ Tnn iavm io7.'rlR1
fly
I am writing to address concerns which have been raised regarding the
Metropolitan Housing Selection Criteria. These Selection Criteria have been
jointly developed by the Minnesota Housing Finance Agency, the Metropolitan
Council, and the Family Housing Fund to implement the liveable Communities
Act and the Governor's Economic Vitality and Housing Initiative.
I understand that you have concerns about a section which - as originally
drafted - required a community to have met its benchmark for rental housing in
order to be eligible for funding for homeownership projects. Although a number
of communities supported this provision, particularly fully developed
communities, several members of the Metropolitan Council raised legitimate
concerns about establishing an absolute bar to certain affordable housing
resources.
Accordingly, the Metropolitan Council has modified the provision by changing it
from a threshold criteria to one of several competitive criteria as follows:
Priority for homeownership projects will be given to communities that have
met, or are currently undertaking projects to meet, their negotiated affordable
rental goal.
The group which developed the Selection Criteria fully concurred with the
changes proposed by the Metropolitan Council, and I will ask the Agency's
Board at its February meeting to make the same changes to our Metropolitan
Housing Investment Policy.
During the course of the discussion at the meeting of the Metropolitan Council's
Community Development Committee, 1 was shown a copy of a memo written by
a member of your housing staff to Representative Ron Abrams. The memo
listed Minnesota Housing Finance Agency programs which were and were not
subject to the Metropolitan Housing Selection Criteria. The memo contained a
number of inaccuracies. The material which I presented to our Board at its
400 Siblev Street. Suite 300. St. Paul. Minnesota 551(11 IR191 9QR.7RAA TPIPenniar IR191 9QR.A1IQ Tnn iavm io7.'rlR1
December and January Board meetings and the. ensuing discussion make clear
that the Selection Criteria do not apply to two broad categories of programs.
The first is programs which provide organization support or technical assistance
such as Full Cycle Lending, Capacity Building Grants, or Homeownership
Equity Counseling. The second category is our lender -based programs, such
as the Minnesota Mortgage Program, the Homeownership Assistance Fund, the
Community Fix -Up Fund, the regular Fix -Up Fund, the Community Activity Set -
Aside Program, the Entry Cost Homeownership Program and others.
I would encourage you or your staff
concerns about Metropolitan Housing
any other matter.
Very truly yours,
to call me at any time with questions or
Selection Criteria, Agency programs or
Katherine G. Hadley
Commissioner