HomeMy WebLinkAbout01/04/1983 MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non-agenda Informational Items
DATE: December 29 , 1982
1 . It appears that we have found a date for the Council and Depart-
ment Head Goals and Objectives session that works for everyone ,
Tuesday, January 25 , from 3 to 9 p.m. at the Schumacher Hotel
in New Prague . Please mark this date on your calendar.
2 . Scott County has approved a 15 year lease with Recycling Unlimited
It the old Pollution Control , Inc. site in Shakopee. This non-
profit corporation should provide a big boost to area groups
such as the Boy Scouts that have recycled paper for years .
Recycling Unlimited will function with a nine member board of
Scott County citizens , and I have volunteerd to serve on that
board. If you have any questions about Recycling Unlimited' s
program please contact me .
The Scott County Board also approved changes in the traffic con-
trol signing on 6th Avenue at their December 21st meeting. Both
the City Engineer and the Chief of Police were consulted regard-
ing the proposed changes .
3 . Tom Prusak has contacted me regarding the Hospital ' s incinerator.
He said that adjustments have been made and the equipment is now
burning properly.
4 . We received a thank you letter from Virgil Mears , President of
the Shakopee Area Chamber of Commerce , regarding our support for
parimutuel racing located in Shakopee .
5 . Attached is the monthly calendar for the month of January.
6 . Attached is a notice from the League of Cities regarding a
special meeting of the Board of Directors to discuss the local
government aid formula. Apparently the League Board is becom-
ing concerned about the potential deviciveness of the activities
of the Metopolitan Losers Group and the Small Cities Group.
I have been invited , along with Hank Sinda from Savage , to
assist the League staff in setting the agenda for the January
14th meeting. In addition, Hank has called a meeting of the
Metropolitan Losers Group so that we can plan a strategy for
the group' s presentation on January 14th.
7 . Attached is a letter to Jack Randall , Manager of our local
Toro plant , regarding their property taxes . As soon as I
hear from Jack or Bob Schmitt I will forward the information
on to you.
8 . Attached is a memo from George P'iuenchow regarding changes in
the lighting that was historically available at Huber Park.
9 . Attached is a list of bond sales in Minnesota and Wisconsin
cities for the 4th quarter of 1932 .
Non-agenda Information Items
Page 2
December 29 , 1982
10. Attached are the agendasfor the January 6 , 1983 Board of
Adjustments and Appeals meeting and the January 6 , 1983
Planning Commission meetings .
11 . Attached are the minutes of the December 8 , 1982 Planning
Commission meeting.
12 . Attached are the minutes of the December 16 , 1982 Energy and
Transportation Committee meeting.
13 . Enclosed is a booklet for each of you listing the Association
of Metropolitan Municipalites (AMM) policies and legislative
proposals for 1983-84. The AMM requests that Shakopee gives
these policies and proposals our support in the upcoming
legislative session.
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league of minnesota cities
December 20, 1982
Dear City Official:
This letter is being sent to you to clarify the current position of the League of
Minnesota Cities with regard to the formula for the distribution of Local Government
Aid. This is potentially an extremely divisive issue. Since disunity could hurt all
cities, the League is committed to acting as a forum where cities can continue to
resolve their differences among themselves.
Thus, the League Board of Directors has taken cognisance of the urgency of this matter
and has scheduled meetings on January 14 and 15 for this purpose. On January 14, the
Board will conduct a hearing on proposals to alter the Local Government Aid
distribution formula. The Board invites all cities to submit comments or suggestions.
Those wishing to appear at the hearing should contact Ann Higgins at the League Office
to reserve a place on the hearing agenda. The LMC Board will also request
presentations from a group of metropolitan cities, the City of Minneapolis, and the
Local Government Policy Task Force (appointed by Governor Quie) . Each has developed
different approaches to making changes in the method of LGA allocation.
The LMC Board of Directors has constituted itself as a task force to review these
alternative LGA formula proposals from the perspective of principles recommended by the
League Revenue Sources Committee and approved by the Board this past week. Those
principles state
• Any LGA increase or decrease to an individual city resulting from the new
formula should be phased in.
• The annual LGA appropriation should increase in accordance with any increase
in the State's General Fund revenues. Cities can then responsibly plan on LGA
as a revenue source with assurance of a specified level of state commitment to
the program.
• Any city which suffers a reduction in LGA payments as a result of a new
formula must be allowed to offset that revenue loss by increasing the local
property tax levy.
▪ LGA Payments should be distributed to cities monthly, but not less than
quarterly.
1 83 university avenue east, st. paul, minnesota 551 01 (612) 227-5600
-2-
• LGA payments should not be reduced from budgeted amounts after September 1 of
the year preceding the cities' affected fiscal year.
• Since the primary purpose of LGA is property tax relief, funds should be
distributed on a basis that recognizes each city's expenditure needs and local
revenue-raising ability.
• No individual city should be able to manipulate the formula by increasing
spending.
The LMC Board will endeavor to make recommendations on the subject of allocation of LGA
to cities to the League membership at the LMC Legislative Action Conference on
Wednesday, January 26.
It is important for all of us to realize that it is criticalfor cities to continue to
work together to retain any program of state aid to cities in which cities themselves
(will) have a voice. The State Legislature may well perceive disunity as an
opportunity to further diminish that portion of state revenues allocated to cities.
This is especially true since State Budget constraints make it more difficult to
continue property tax relief and aid programs.
Some cities appear to be willing to risk serious disunity within the League rather than
to enter negotiations to resolve policy differences. It is possible we will all lose
in such a struggle. I believe that cities have a greater need to cooperate than to
risk such loss of strength and mutual support.
In the hope that you share this conviction, I encourage you to talk with your
colleagues and urge them to forego unnecessary disputes on this matter and to press for
a process of negotiation to enable the League to exercise appropriate leadership.
Sincerely,
C).)041
Josephine Nunn
Mayor, City of Champlin
President, League of Minnesota Cities
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CITY O F SHAKO PE \o, -.&
INCORPORATED 1870
129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 ��5'Kaf
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. December 29 , 1982 -I
141
Mr. Jack Randall
Manager
Toro Company
600 Valley Industrial Boulevard
Shakopee , MN 55379
Re : Property Tax Comparisons
Dear Mr. Randall :
The Industrial Commercial Commission' s tour of the Toro
plant was well received by the Shakopee participants . One of
the questions that the Shakopee City Councilmember in attendance
asked me to follow up on was your property tax comparison infor-
mation.
On Thursday, December 23rd, I discussed the Toro property
tax comparison with Bob Schmitt , of the Scott County Assessor ' s
office . Bob gave me the following information regarding your
buildings in the Shakopee Industrial Park:
$117 ,814.00 - Property taxes for two buildings
124 ,000 square feet of buildings
95¢ per square foot vs . $1 . 50 per square foot listed in
your comparison
$2 ,400 .00 in additional special assessments
I was surprised that Bob' s figures were significantly diffe-
rent than those that you presented to the members of the Indus-
trial Commercial Commission tour. Please check the above figures
against those you used in computing your example , and then call
Bob Schmitt to resolve any differences in the computations . Bob ' s
phone number is 445-7750 , Scott County Assessors ' s Office .
We found your per square foot tax figures very startling,
therefore , I will be interested in what the final figure is
after you and Bob Schmitt have compared computation methods .
Sincerely,
410 John K. An erson
1_,__ (., 142-1,0
II City Administrator
cc : S . F. 1/13/'$310
' // r ! 0l' ro �� r • s 1' �t / / c u
Bob Schmitt
An Equal Opportunity Employer
1
Ptah upEE (tummunitu ftlittes
129 Levee Drive
Shakopee, Minnesota 55379
Phone 445-2742
Community Education • Parks • Recreation • Adult Education
George F. Muenchow, Dir.
12/20/$2
Memo To John Anderson (F.Y.I.)
Subject : Huber Park Hockey Rink Lighting
Attached is a copy of a memo from Lou VanHout regarding a recent
conversation which we had. Each winter the Utilities has to connect
the service to this rink to make the lights operable. The box in
which this is done is in the alley behind Station KSI ! on a utility
pole. In the past this box also served the softball/football field
at that location and also the Rodeo Arena when it operated. Much of
the wiring is very old.
I assured Lou that we no longer play night football of softball at
that location and Rodeos are now a thing of the past. He now is
removing some of the very old wire and is permanently connecting
up the hockey rink which we still use. The hockey rink now is
permanently connected and we don't have to bother getting this
service connected at the beginning of each winter.
George F. Muenchow
A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954
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CITY OF SHAKOPEE
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PUBLIC UTILITIES COMMISSION ' 't's ; P'a"+ 'fit.. ^ ,"w:r 0:t`d ":`; }`
1030 EAST FOURTH AVENUE 0,4P
SHAKOPEE, MINNESOTA 55379 '' '`'
445-1988
TO: George Muenchow
FROM: Lou Van Hout
RE: Hockey Lights, Huber Park
DATE: December 16, 1982
George:
Just to confirm things that we discussed yesterday, the electric service is old but
still useable for the hockey rink lighting, but has various old wires left in the
box from the old ballf_ield lights. We will remove the excess wires when we hook-up
the hockey lights, and this service will he for the hockey lights only.
EHLERS AND ASSOCIATES, INC.
FINANCIAL SPECIALISTS
FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS. MINNESOTA 55402 339-8291 (AREA CODE 612)
File: Financial Specialists: Ehlers and Associates, Inc.
Please distribute to governing body members
January 1, 1983
CRYq ��` At`C Y `t
Newsletter
Here's to a happy 1983! But, really, the one we've had hasn't been that bad compared with that of
others. When one considers the miseries that people in Lebanon, Afghanistan, Poland and other places
have had we really don't have much cause for complaint. The objective now has to be to preserve our
economy and the social fabric so that we don't degenerate into the governmental and private lawless-
ness prevalent in other parts of the world.
Many of us do not equate our economy with our quality of life and put considerable stock in the toc-
sin that "We are for human values, not property values" or "We favor people more than money" as if
people, their security and their property are separable. Following that line, never have so many
promised so much to so many, and never have so few been so willing to face the costs. With so many
now "entitled" to governmental programs the economy may not be strong enough to deliver on those pro-
mises, and if we overburden the economy the promises will prove hollow anyway.
It is not just a case of federal promises, for many states have succumbed to pressures to aid all
sorts of local functions and to relieve people of local taxes. And, apparently, few have toted up
the costs. That problem has been left to the "next" administration.
There is no question but that local governments, cities, school districts and counties, must now fend
more for themselves. Many states and the federal government just do not have the fiscal capacity to
fulfill the cumulative promises made over the years. The local problems are two, short-term financ-
ing and long-term:
Short-term, local governments must now look to tax and aid anticipation financing to get them past
immediate cash flow problems.
Long-term, it has to be apparent that the legislatures must authorize local governments (after all
elected locally) to utilize appropriate taxes, whether sales, income or property taxes, to be levied
locally for local purposes. Local governments must now face the fact that the federal and state gov-
ernments just will not have the funds to finance local capital projects - not with a $200 billion
federal deficit and various state shortfalls in prospect. So more long-term local financing will be
required.
Legislatures cannot possibly know and legislate on the thousands of local problems and, to the extent
that they try and fail , the legislatures, state and federal , are bound to loose the respect and cred-
ibility of their constituents. Theirs must be the function of addressing the larger issues, resolu-
tion of which is essential to the preservation of our economic and social lives. We cannot afford to
collapse the financial system and the economy in an effort to deliver in all of the central govern-
mental promises. But it can be done. We should remind ourselves that the cities and all their in-
frastructures were financed originally with little federal and state aid.
Wishing you a prosperous year in 1983, we are
Sincerely,
EHLERS •O SO AT 11111111111
e,. t L. Ehlers
SUMMARY OF AREA BOND SALES
Bond
Net Buyer
Municipality Date Type of Bonds Amount Maturity Rate Index Rating
MINNESOTA
Goodview 10/04/82 G.O. Improvement Bonds 160M 1985-1994 8.80% 10.48% A
Minneapolis 10/05/82 Various Improvement Bonds 4,030M 1983-2002 8.93% 10.48% Aaa ---.
Wadena 10/13/82 G.O. Revenue Sewer Bonds of 1982 225M 1984-1991 7.87% 9.75% Baa
Columbia Heights 10/25/82 G.O. Permanent Improvement Revolving Fund 2,550M 1985 7.03% 9.69% A
Bonds of 1982
Columbia Heights 10/25/82 G.O. Tax Increment Bonds 450M 1985 7.03% 9.69% A
Douglas County 10/26/82 G.O. Hospital Revenue Bonds 3,040M 1984-2001 9.36% 9.69% A
Duluth 10/27/82 G.O. Development Program Bonds of 1982, 2,900M 1985-2002 10.27% 9.69% A
Series A
Shoreview 11/01/82 G.O. Improvement Bonds of 1982 2,075M 1983-2002 8.86% 10.05% A
Mahtomedi 11/03/82 G.O. Improvement Bonds of 1982 340M 1984-1993 7.62% 10.05% Baa-1
Fridley 11/08/82 G.O. Tax Increment Redevelopment Bonds 600M 1985-1999 9.26% 9.96% Aa-1
of 1982, Series II
Rushford 11/08/82 G.O. Improvement Bonds of 1982 380M 1985-1994 8.49% 9.96% Baa
Rochester 11/09/82 G.O. Improvement Bonds 3,800M 1983-1991 7.30% 9.96% Aaa
Willmar I.S.D. No. 347 11/10/82 G.O. Aid Anticipation Certificates of 1,480M 1983 6.11% 9.96% NR
Indebtedness of 1982
Long Prairie 11/15/82 G.O. Tax Increment Bonds of 1982 275M 1985-1998 9.64% 9.92% Baa-1
Plymouth 11/15/82 G.O. Tax Increment Bonds of 1982 3,900M 1985-1993 8.38% 9.92% A-1
Baxter 11/16/82 G.O. Improvement Bonds of 1982 760M 1985-1999 10.07% 9.92% Baa-1
Blue Earth 11/16/82 Drainage Ditch Bonds of 1982 765M 1984-1994 8.11% 9.92% A-1
Eden Prairie 11/16/82 G.O. Improvement Bonds of 1982 6,200M 1984-2000 9.61% 9.92% A
Eden Prairie 11/16/82 G.O. State-Aid Bonds of 1982 2,300M 1983-2001 8.96% 9.92% A
Staples I.S.D. No. 793 11/16/82 Loan Anticipation Notes, Series 1982 2,000M 1985 7.55% 9.92% NR
Staples I.S.D. No. 793 11/16/82 School Building Bonds, Series 1982 500M 1987-2001 10.14% 9.92% Baa-1
Brooklyn Park 11/17/82 Improvement Bonds of 1982 3,490M 1983-1998 9.28% 9.92% A
Brooklyn Park 11/17/82 Park & Fire Bonds of 1982 3,315M 1983-1998 9.28% 9.92% A
Luverne 11/17/82 G.O. Tax Increment Bonds of 1982, Series B 145M 1985-2002 9.95% 9.92% A
Luverne 11/17/82 Temporary Construction Bonds of 1982 795M 1983 6.15% 9.92% NR
Minneapolis-St. Paul Area 11/18/82 G.O. Sewer Bonds of 1982 36,600M 1985-2002 9.75% 10.20% Aa
(Metro Council)
Dilworth I.S.D. No. 147 11/22/82 School Aid Anticipation Certificates 350M 1983 6.40% 10.20% NR
of Indebtedness
Duluth 11/22/82 G.O. Tax Increment Bonds of 1982, Series C 3,700M 1984-1996 9.85% 10.20% A
Maple Grove 11/22/82 G.O. Improvement Bonds of 1982 2,000M 1984-2000 8.84% 10.20% A
Orono 11/22/82 G.O. Improvement Bonds of 1982 475M 1985-1999 8.73% 10.20% A-I
Steele County 11/22/82 G.O. Drainage Ditch Bonds of 1982 260M 1984-1997 8.89% 10.20% A-1
More I.S.D. No. 332 11/23/82 G.O. School Building Bonds 150M 1984-1992 9.00% 10.20% NR
Kasson 11/24/82 G.O. Swimming Pool Bonds 250M 1985-1998 9.97% 10.20% NR
New Brighton 11/30/82 G.O. Water Improvement Bonds of 1982 1,330M 1985-1999 9.67% 10.16% A-1
Princeton 11/30/82 G.O. Tax Increment Bonds of 1982 585M 1987-2000 10.17% 10.16% Baa
Brooklyn Center 11/30/82 G.O. Improvement Bonds of 1982 2,625M 1984-1997 9.02% 10.16% A-1
Kandiyohi County 12/01/82 G.O. Drainage Ditch Bonds of 1982 940M 1985-1999 8.72% 10.16% A-1 ......N
Isanti County 12/01/82 Loan Anticipation Notes 2,140M 1985 7.28% 10.16% NR
New Hope 12/01/82 G.O. Tax Increment Bonds, Series 1982 2,075M 1985-1997 9.41% 10.16% A
Worthington 12/06/82 G.O. Bonds 550M 1984-1997 8.53% 10.23% A-1
Mankato 12/07/82 G.O. Bonds 3,870M 1984-1994 8.17% 10.23% A-1
St. Paul I.S.D. No. 625 12/07/82 G.O. Tax Anticipation Certificates of 20,200M 1984 5.70% 10.23% MIG-1
Indebtedness, Series 1983
Stacy 12/07/82 G.O. Improvement Bonds 375M 1985-1999 9.91% 10.23% NR
Redwood Falls 12/07/82 G.O. Improvement Bonds of 1982 215M 1984-1994 8.46% 10.23% A
WISCONSIN
Plover 9/14/82 Pollution Control Revenue Bonds, Series 1982 3,250M 1992 9.75% 10.75% NR
Stevens Point 9/20/82 Special Assessment "B" Bonds 250M 1983-1992 10.95% 10.75% NR
Clintonville 10/12/82 Sewerage System Mortgage Revenue Bonds 115M 1983-1992 9.15% 8.57% NR
Wisconsin Rapids 10/13/82 Combined Utility Mortgage Revenue Bonds, 3,000M 1983-1994 9.28% 9.75% Baa
Series 1982
Chippewa Falls 10/19/82 G.O. Promissory Notes of 1982 2,000M 1983-1992 8.31% 9.25% A
Dane County 10/21/82 Promissory Unlimited Tax Notes 12,000M 1983-1992 7.30% 9.69% Aaa
Florence County S/D 10/27/82 G.O. Refunding Bonds 600M 1984-1993 8.80% 9.69% NR
Baldwin 11/03/82 Water System Mortgage Revenue Bonds 465M 1984-2002 10.56% 10.05% NR
Cumberland 11/05/82 Special Assessment "B" Bonds 55M 1983-1992 10.85% 10.05% NR
Milwaukee 11/09/82 Corporate Purpose Bonds 15,245M 1983-1987 8.73% 9.96% Aa
Milwaukee 11/09/82 Mortgage Loan Unlimited Tax Bonds 10,000M 1983-2002 9.70% 9.96% Aa
Viroqua 11/09/82 G.O. Promissory Notes 600M 1984-1992 8.70% 9.96% A
River Falls 11/09/82 Sewerage System Mortgage Revenue Bonds 1,400M 1983-1997 9.90% 9.96% A
of 1982
River Falls 11/09/82 Waterworks Mortgage Revenue Bonds of 1982 170M 1983-1997 9.92% 9.96% A
Waukesha County 11/16/82 Promissory Notes of 1982, Series B 1,200M 1983-1990 7.96% 9.92% Aa-i
Arcadia 11/17/82 G.O. Promissory Notes 1,025M 1986-1992 9.35% 9.92% NR
Blair 11/29/82 G.O. Promissory Notes 735M 1984-1992 9.30% 10.16% NR
Pewaukee 11/30/82 Sewerage System Mortgage Revenue Bonds 2,765M 1985-2004 10.26% 10.16% AAA
of 1982
Dousman 12/06/82 Promissory Notes 200M 1985 7.90% 10.23% NR
Sullivan 12/07/82 Promissory Notes 450M 1985 7.50% 10.23% NR
NORTH DAKOTA
Jamestown 10/04/82 Refunding Improvement Bonds, Series J 990M 1984-1993 8.34% 10.48% A
West Fargo 10/18/82 Water & Sewer Revenue Bonds 650M 1984-1996 9.62% 9.25% A
Dickinson 11/10/82 Refunding Improvement Bonds, Series B 3,150M 1985-2001 9.41% 9.96% A
Grand Forks 11/15/82 Refunding Improvement Bonds 1,750M 1983-2002 9.11% 9.92% Aa
Grand Forks 11/15/82 Sewer Revenue Reserve Bonds 3,525M 1984-2000 9.71% 9.92% A
West Fargo 11/17/82 Refunding Improvement Bonds of 1982 1,255M 1983-1998 9.39% 9.92% A
Fargo 12/06/82 G.O. Bonds 1,275M 1990-2002 9.58% 10.23% AA, Aa
Fargo 12/06/82 Refunding Improvement Bonds 2,5501 1985-2002 9.19% 10.23% AA, Aa
Minot 12/06/82 Refunding Improvement Bonds 2,995M 1986-1994 8.59% 10.23% A-1
SOUTH DAKOTA
Madison 11/15/82 G.O. Sewer Bonds of 1982 650M 1985-1997 9.00% 9.92% A
/0
TENTATIVE AGENDA
Board of Adjustments and Appeals
Regular Session Shakopee, Minnesota January 6 , 1983
Chrmn. Schmitt presiding
1 ) Roll Call at 7 : 30 P.M.
2 ) Approval of Meeting Minutes of December 8 , 1982 .
3 ) 7 : 30 P.M. PUBLIC HEARING: Request for a 13 foot variance
from rear yard setback requirements for the placement of a
single family dwelling on Lot 6 , Block 51 , Original Shakopee
Plat ( 300 Spencer ) in an R-3 Zone.
Applicant: Charles Mensing, 117 Fuller
Action Variance Resolution No. 329
4 ) 7 : 40 P.M. PUBLIC BEARING : Request for a 2 foot 6 inch variance
from side yard setback requirements for the construction of
an attached garage to be located on Lot 6 , Block 4 , Eagle Bluff
2nd Addition ( 1066 Naumkeag) , in an R-2 Zone.
Applicant : Mark Anderson, 1055 South Spencer ( #102 )
Action Variance Resoolution No. 330
5 ) Other Business
6 ) Adjournment
Don Steger
City Planner
CITY OF SHAKOPEE
- i
TENTATIVE AGENDA
SHAKOPEE PLANNING COMMISSION
Regular Session Shakopee, Minnesota January 6 , 1983.
Chrmn. Schmitt presiding
1 ) Roll Call at 7 : 50 P.M.
2 ) Approval of Meeting Minutes from December 8 , 1982.
3 ) 7 : 50 P.M. PUBLIC HEARING: Request for a Conditional Use
Permit to move in a single family dwelling to property
located on Lot 6 , Block 51, Original Shakopee Plat ( 300
South Spencer) in a R-3 Zone.
Applicant: Charles Mensing, 117 Fuller
Action Conditional Use Permit Resolution No. 328
4 ) Discussion: Off-Street Parking Spaces ; Leo McGovern residence
located at 125 West 10th Avenue.
5 ) Discussion: Shannon' s Place, a Commercial Business in an I-1
Zone located at 18851 Eagle Creek Boulevard.
6 ) Discussion: Regional Trail System - Scott/Hennepin County
Park Reserve.
7 ) Discussion: Planned Unit Development Slide Program.
8 ) Information Items : a ) Menke Lot Split
b)
c )
d)
9 ) Other Business.
10 ) Adjournment.
Don Steger
City Planner
CITY OF SHAKOPEE
'lir
PROCEEDINGS OF THE PLANNING COMMISSION
REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 8, 1982
Vice Chrm. Perusich called the meeting to order at 7:49 P.M. with Comm. Czaja,
Rockne and Coller preent. Absent were Chrm. Schmitt and Comm. Stoltzman and
Koehnen. Also present were Don Steger, City Planner and H. R. Spurrier, City
Engineer. Cncl. Vierling arrived later.
Coller/Czaja moved to approve the minutes of November 4, 1982 as kept. Motia
carried unanimously.
PUBLIC HEARING - DOROTHY'S DAILY DISCOVERY CUP RENEWAL
Czaja/Coller moved to open the public hearing regarding the request to renew
existing Conditional Use Permit for a preschool and daycare center in a B-5
(existing R-3) Zone. Motion carried unanimously.
The City Planner went over the background information and the staff's recommenda-
tion for approval of the renewal with certain conditions. He stated the monitor-
ing of the well water may not be necessary because the children are given bottled
water to drink.
Cncl. Vierling arrived and took her seat at 8:52 P.M.
Discussion followed regarding the importance of testing the well. The applicant
stated she has had the well tested regularly and the last lab test was in November,
stating that the sample was satisfactory. The City Engineer brought up the fact
that City services were installed in Bluff Avenue adjacent to this property, and
therefore the applicant would have to connect to City services within three years
of this summer. The well was dug in 1979.
Vice Chrm. Perusich asked if there were any comments from the audience, and there
was no response.
Czaja/Rockne moved to close the public hearing. Motion carried unanimously.
Coller/Czaja offered Conditional Use Permit Resolution No. 169 - Renewal, subject
to the following conditions:
1. The adjacent lot to the west be maintained as a play lot as long as the center
is in operation.
2. Continued satisfaction of State licensing requirements.
3. Only bottled water be served for drinking until such time as connection is
made to the City's water system.
4. The Conditional Use Permit be reviewed in two years (1984).
and moved its approval. Motion carried unanimously.
PUBLIC HEARING - ST. REGIS PAPER COMPANY CUP RENEWAL
Coller/Czaja moved to open the public hearing regarding the request to renew Con-
ditional Use Permit allowing for an outdoor building materials yard in a B-5 (exist-
ing B-l) Zone. Motion carried unanimously.
Shakopee Planning Commission
December 8, 1982
Page 2
The City Planner stated the two previous conditions regarding groundwater moni-
toring by St. Regis Paper Company have not been met because the Minnesota Pollu-
tion Control Agency (MPGA) has not addressed the need to monitor treated wood
storage facilities. Therefore, staff recommends a post-ponement of this require-
ment until:suitable procedures have been established.
Discussion followed with the City Engineer regarding possible hazards involved.
The City Engineer stated there is no danger of ground water contamination if the
actual treatment of the wood is not done on the site.
Vice Chrm. Perusich asked if there were any comments from the audience, and there
was no response.
Rockne/Coller moved to close the public hearing. Motion carried unanimously.
Coller/Czaja offered Conditional Use Permit Resolution No. 204 (Renewal), and
moved its approval subject to the following conditions:
1. Refrain from storing creosote-coated materials on the property covered by
the Conditional Use Permit.
2. Maintain a 30 foot side and rear lot setback to be used as a fire lane and this
area to have a non-flamable surface area.
3. Maintain 12 foot fire lanes between stacks of stored materials.
4. Stacks must not exceed 16 feet in height.
5. Conditional Use Permit to be carried out in accordance with original site plan.
6. Groundwater monitoring be conducted if procedures and techniques are established
by the Minnesota Pollution Control Agency.
7. The Conditional Use Permit be reviewed in two years (1984).
8. No on-site treatment of building materials be authorized.
Motion carried unanimously.
DISCUSSION - CLETE LINK PROPERTY DEVELOPMENT NORTH OF TAHPAH PARK
Clete Link stated he has been approached by the Jaycees relative to running sewer
and water to Tahpah Park through his property, with a lift station at Tahpah Park.
Mr. Link stated he needs a lift station to develope 2/3 of his property, and he
would like to discuss some type of shared facility.and the possibility of re-zoning
his property to R-4, for possible 4-plexes.
The City Engineer presented the problems as he saw them, the biggest being Tahpah
Park itself would require only a very small lift station. The lift station needed
for development of Mr. Link's property would have to be considerably larger and
would have a considerable impact further downstream. He expanded on the specifica-
tions, requirements and limitations of the pipe needed for this development and
what is in place presently. There was further discussion regarding restricted flow
allocations in the area. He stated the land was originally planned for 1/3 to be
developed and served by a gravity service.
The City Planner cautioned the Commissioners to look at the entire area and think
about wedging a section of R-2 between two R-4 zones, if the Link property were
rezoned to R-4. The City Engineer suggested Mr. Link look at a study done by
Suburban Engineering identifying the bottlenecks; in the sewer system in Shakopee.
A suggestion was made that Mr. Link keep the R-2 zoning and density restrictions
and only develop area on top of the hill that can be served by gravity. That way
he could build multi-family units and leave the rest for open space. Mr. Link stated
he would think about that alternative and work with the City Planner on it.
bnaKopee rianning commission
December 8, 1982
Page 3
The City Planner asked for any information anyone had regarding "Shannon's Place",
a business that is apparently operating in violation of zoning ordinances because
it is a retail business in an industrial zone. Consensus was to have the City
Planner meet with the owner/manager and inform her of the zoning ordinances.
The City Engineer explained briefly that the City has more flexibility than pre-
viously believed in the floodplain area regarding construction. More information
is available to anyone requesting it.
A brief report was given by members of the ICC visitations.
Coller/Czaja moved to adjourn. Motion carried unanimously. Meeting adjourned at
8:55 P.M.
Don Steger
City Planner
Diane S. Beuch
Recording Secretary
/'
PROCEEDINGS OF THE ENERGY AND TRANSPORTATION COMMITTEE
Shakopee , Minnesota
Regular Session December 16 , 1982
Chairman Anderson called the meeting to order at 7 : 30 p.m. in the
Council Chambers at City Hall with Committee members Dunwell ,
Sorenson, Swingler and Ziegler present . Committee members Toppin,
Tsui and Wolfe were absent . Also present was Jeanne Andre, Admin-
istrative Assistant .
Dunwell/Ziegler moved to approve the minutes of November 18 , 1982
as presented. Motion carried unanimously.
Discussion was held on City Council action on the proposed trans-
portation needs survey. Concensus was that Committee members are
willing to volunteer some time to conduct surveys themselves and
solicit assistance from other bus riders .
Swingler/Ziegler moved to present City Council a plan to conduct the
surveys with Committee assistance , use of existing City Hall staff
and any temporary employees (CETA or interns ) who could be secured
at a modest cost . Motion carried unanimously. Staff was directed
to prepare a plan for Council review after further analysis of the
hours necessary and the number of surveys which need to be conducted
for statistical validity.
Discussion was held regarding the November 24, 1982 draft "Shakopee
Transportation Survey" . The Administrative Assistant shared the
comments of Mr. Tsui which he related to her by phone as he was
unable to attend the meeting due to illness . Numerous small
changes were made and the Committee made some changes based on
suggestions of marketing professionals . The more significant
changes involved 1 ) removing questions on all workers in the family
and asking instead for information from the respondent only; and
2 ) adding questions on how often respondent would use proposed
services to try and project operating revenues . The Committee
directed staff to revise the survey and prepare a brief descrip-
tion of the purpose of the survey as an explanation for those
conducting the survey. The goal of the Committee is to undertake
the survey the week of January 31 to February 4, 1983 , with staff
to work out details for Committee review prior to the regularly
scheduled January meeting.
Swingler/Ziegler moved to ask the City Council to appoint a liaison
to the Energy and Transportation Committee as outlined in the
resolution establishing the Committee. Motion carried unanimously.
Dunwell/Swingler moved to direct staff to write a letter to Commit-
tee member Lorin Wolfe explaining their intention to recommend to
the City Council the removal of Mr. Wolfe from the Committee if he
is unable to attend the regular Committee meeting in January.
Motion carried unanimously.
Sorenson/Ziegler moved to adjourn at 9 : 55 p.m. Motion carried .
Jeanne Andre
Regarding Secretary
TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 4, 1983
Mayor Reinke presiding
1 ] Roll Call at 7 : 00 P.M.
2] Recess for an H.R.A: meeting
3] Reconvene
4] Liaison Reports from Councilmenbers
5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
6] Approval of Consent Business - (All items listed with an asterick are
considered to be routine by the City Council and will be enacted by
one motion. There will be no separate discussion of these items
unless a councilmember so requests , in which event the item will
be removed from the consent agenda and considered in its normal •
sequence on the agenda . )
*7] Approval of Minutes of December 21 , 1982
8] Communications :
a] R. G. Dunn, Waste Management Board re : proposed areas for
hazardous waste processing facilities
b] Chuck Dustrud, Scott County Human Services re : deputy health
officer
9 ] Public Hearings :
a ] 7 : 15PM PUBLIC HEARING - Proposed assessments for the 1982
Diseased Tree Removal Program - Res . No. 2096
b] 7 :45PM PUBLIC HEARING - 1983 Community Development Block Grant
10] Boards and Commissions : None
11 ] Reports from Staff :
a] Temporary Certificate of Occupancy - R. W. Puckett
b] Tuesday' s City Hall Closing
c] Municipal State Aid Street System
d] Market Street from 1st Ave. to 4th Ave . - discussion tbld 12/21
(bring memo 9L from 12/21 agenda)
e] Purchase of Printer for Micro Computer
f] Authorize Payment of Bills in Amount of $485 ,355 . 50
*g] Designation of Official Newspaper
h] 1983 Liaison Appointments
i] Council Meeting Procedures - discussion
12] Resolutions and Ordinances:
*a] Res. No. 2100, Designating Official Depositories of City Funds
*b] Res. No. 2098, Ordering Report on 4th Avenue Improvements from
Fillmore Street to Fuller Street
*c] Res. No. 2097, Authorizing the Execution and Delivery of An
Easement with St. Francis Regional Medical Center
13] Other Business :
a] Cncl .Colliganxwishes to review the snow removal procedures
b] OLti0- , yv
c ]
d]
14] Adjourn to Tuesday, January 18th, 1982 .
John K. Anderson
City Administrator
TENTATIVE AGENDA
Housing Authority in and for the City of Shakopee ,
Minnesota
Annual Meeting January 4, 1983
Chairman Leroux presiding
1 . Roll call at 7 : 00 p .m.
2 . Approval of minutes of December 7 , 1983
3 . Election of Officers
4. Other business
5 . Adjourn to January 18 , 1983 at 7 : 00 p.m.
Jeanne Andre
Executive Director
•
PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY
REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 7, 1982
Vice-Chrm. Colligan called the meeting to order at 7:00 P.M. with Comm. Wampach,
Lebens and Vierling present. Chrm. Leroux was absent. Also present were John
K. Anderson, City Admr. ; Jeanne Andre, HRA Director and Judith S. Cox, City Clerk.
Lebens/Vierling moved to approve the minutes of October 5, 1982 as kept. Motion
carried unanimously.
Lebens/Wampach moved to approve the transfer of $1,664.00 from the HRA Fund to
the 4th and Minnesota Fund as per the 1982 Budget.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Lebens/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned
at 7:05 P.M.
Jeanne Andre
HRA Director
Diane S. Beuch
Recording Secretary
1
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 21, 1982
Mayor Reinke called the meeting to order at 7:00 P.M. with Cncl. Wampach, Lebens,
Vierling and Colligan present. Cncl. Leroux arrived later. Also present were
John K. Anderson, City Admr. and Judith S. Cox, City Clerk.
Liaison reports were presented by Councilmembers.
Mayor Reinke asked if there was anyone present who wished to address the Council
on any item not on the agenda, and there was no response .
The City Attorney arrived and took his seat at 7:09 P.M.
Colligan/Lebens moved to approve the minutes of December 7, 1982 as kept.
Roll Call: Ayes; Unanimous Noes; None Absent; Cncl. Leroux Motion carried.
Colligan/Vierling moved to accept and place on file the letters from the Engineering
Firms of Orr-Schelen-Mayeron & Assoc. and Short-Elliott-Hendrickson, Inc. regarding
surface water management plans. Motion carried unanimously.
Virgil Mears spoke on behalf of the Shakopee Area Chamber of Commerce regarding its
plans to attract parimutuel horse racing to Shakopee. He stated the Chamber feels
this would be a proper function of the Chamber as a way to attract business to help
the area grow. He asked that City Council adopt a resolution approving of the Cham-
ber's efforts in this area. He stated he would also be approaching the County and
Legislators for the same approval. Discussion followed centering on leaving the
actual location open at this time.
Colligan/Wampach offered Resolution No. 2095, A Resolution Expressing the City of
Shakopee's Support for a Parimutuel Betting Horse Racing Track in Shakopee, and
moved its adoption. Motion carried unanimously, Cncl. Leroux was absent.
Cncl. Leroux arrived and took his seat at 7:17 P.M.
Lebens/Wampach moved to approve the application and grant an On Sale 3.2 Beer license
to Northern Racing Corporation, 6528 Valley Industrial Blvd. So. , effective April
16, 1983.
Roll Call: Ayes; Wampach, Lebens, Vierling, Colligan, Reinke
Noes; None
Abstain: Leroux
Motion carried.
Colligan/Wampach moved to approve the applications and grant a pool table license
for 1983 to:
Shakopee Bowl, 222 East 1st Avenue;
R. Hanover Inc. dba Richard's in Shakopee, 911 E. 1st Avenue;
C.R.E. Restaurant Co. dba The Shakopee House, 1583 E. 1st Avenue;
Jackson Chilquist dba Abeln's Bar, 220 W. 2nd Avenue
Vertigo, Inc. dba Extrah' s, 101 E. 1st Avenue
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Marie Wagner, representative of Dor & Associates, made a presentation regarding the
Employees Assistance Program sponsored by her company. She gave background informa-
tion about employee assistance programs in general, and outlined the specific ser-
vices that would be available to employers and employees through her program; includ-
ing telephone information referral; 24 hour crisis intervention and diagnosis and
referral. Some discussion followed.
Leroux/Lebens moved to table discussion of an employee assistance program indefinitely.
Motion carried unanimously.
Lebens/Colligan moved to deny Dick Mohlin's request for a hardship exception to the
winter parking ordinance regulations.
Colligan/Leroux moved to table this item until later in the evening to see if the
applicant makes an appearance. Motion carried unanimously.
Vierling/Lebens moved to authorize the appropriate officials to award the City's 1983
Health, Life and Long Term Disability coverage to Bankers Life at the rates established
in their November 26, 1982 bid.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Shakopee City Council
December 21, 1982
Page 2
Discussion ensued regarding Scott County's 1983-87 Capital Improvement Program.
Leroux/Wampach moved to request Scott County to include CR16 from CR17 to CR83
in its Capital Improvement Program. Motion carried unanimously.
Colligan/Leroux moved to acknowledge receipt and file Scott County's 1983-87
Capital Improvement Program. Motion carried unanimously.
Colligan/Lebens moved to direct the proper City official to execute the Minnesota
Dept. of Transportation Agreement Revised 12/1982 and forward the same to the Minn.
Dept. of Transportation.
Roll Call: Ayes; Unanimous Noes; None Absent; Leroux Motion carried.
Discussion ensued regarding drainage problems in Eagle Bluff 2nd Addition.
Vierling/Leroux moved to direct staff to pay more attention to the drainage problems
in Eagle Bluff 2nd Addition to eliminate some of the problems. Motion carried
unanimously.
Colligan/Lebens moved to approve Semi-Final Partial Estimate Voucher No. 2 for the
1982 Pavement Preservation and Rehabilitation Program for a total contract amount
of $85,552.00, and authorize the disbursement of $23,774.33 to Hardrives, Inc. ,
7200 Hemlock Lane, Maple Grove, Mn. 55369.
Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried.
Colligan/Leroux moved to approve Partial Estimate Voucher No. 4 for the CR83 Widening
Project, Contract No. 82-1K t to Hardrives, Inc. , 7200 Hemlock Lane North, Maple
Grove, Mn. 55369 in the amount of $10,090.17.
Roll Call: Ayes; Wampach, Vierling, Colligan, Reinke
Noes; Lebens
Motion carried.
Colligan/Leroux moved to approve the payment of $1,998.00 to Kirkwold Construction,
13881 South Diamond Lake Road, Dayton, Mn 55327 for raising two manholes to grade
and patching the bituminous pavement; that amount to be disbursed from the Tax In-
crement as a part of the CR83 Widening Project.
Roll Call: Ayes; Wampach, Vierling, Colligan,Reinke
Noes; Lebens
Motion carried.
1
Colligan/Vierling moved to authorize the payment of $631.52 to Scott County Treasurer
for relocation of all signing on CR83 in conjunction with CR83 Widening Project with
$450.86 to be deducted from the contractor's payment and the balance of $180.66 from
the Kmart Tax Increment.
Roll Call: Ayes; Wampach, Vierling, Leroux, Colligan, Reinke
Noes; Lebens
Motion carried.
The City Engineer gave some background regarding the reconstruction of Fourth Ave.
from Fillmore Street to Fuller Street. He stated it will be necessary to initiate
a special improvement district, much like the Holmes Street Reconstruction. He
added Shakopee would probably handle the contract and be reimbursed by the County.
He stated it would be difficult to determine how to assess this project. He stated
City policy should be determined as far as how the City finances laterals.
Considerable discussion followed regarding alternatives in City policy fpr financ-
ing storm sewer improvements.
Vierling/Leroux moved to direct staff to prepare the appropriate resolution order-
ing a feasibility report for the reconstruction of Fourth Avenue between Fillmore
and Fuller Streets, utilizing the present assessment policy.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Discussion ensued regarding the construction of Market Street from 1st Avenue to
4th Avenue. Mayor Reinke stated HUD did not fund the application for 2nd Avenue
improvements, but the City will be re-submitting an application in 1983. Discussion
was held regarding how the grant, if received, would affect the assessment policy
and the Market Street construction. Mayor Reinke suggested a map of the City be
requested indicating streets that are included in State Aid and FAL' funding.
Colligan/Lebens moved to table discussion of construction of Market Street from
1st Avenue to 4th Avenue. Motion carried unanimously.
Discussion was held regarding the proposal by the City Engineer regarding personal
Shakopee City Council --_......�
December 21, 1982
Page 3
use and City use of a car for the Engineering Department. Cncl. Colligan suggested
purchasing a magnetic decal which could be placed on the car when used for City
business.
Colligan/Wampach moved to authorize the transfer of the unmarked Police car to the
Engineering Dept. and authorize the personal use of the vehicle by the City Engr.
for an amount of mileage not to exceed 2000 miles per year, in exchange for salary
reduction, and direct staff to prepare an amendment to Resolution No. 1731, which
establishes a policy for City vehicles. fi4
Roll Call: Ayes; Unanimous Noes; NoneMotion carried.
The City Clerk explained some of the background regarding Park Dedication due from
the Shakopee Professional Building Assoc.
Leroux/Colligan moved to authorize the preparation, execution and recording of an
amendment to the developers agreement erasing the $1,000.00 park fee against Lot
4, Block 2, Furrie's 2nd Addition.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Lebens moved to approve the 1983 Farm Lease between the City and Larry
Theis for 18 acres in the southwest corner of the NW ?, SW 4t Section 12, Township
115, Range 23, and authorize proper City officials to execute same.
Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried.
Colligan/Lebens moved to approve the 1983 Farm Lease between the City and William
Hauer for Government Lot 1, Section 31, Township 116, Range 22 and Government Lot 1,
Section 32, Township 116, Range 22, and authorize proper City officials to execute
same.
Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried.
Colligan/Lebens moved to authorize proper City officials to execute a contract with
Roy Baker for electrical inspection services for the City of Shakopee.
Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried.
Colligan/Leroux moved to approve the applications and grant a bingo license and
gambling license for 1983 to the American Legion, 1256 East First Avenue and V.F.W. ,
132 East First Avenue. Motion carried with Cncl. Lebens opposed.
Colli gan/Vierling moved to advertise for all expiring terms on City boards and
commissions. Motion failed with Cncl. Vierling, Leroux and Wampach opposed.
Leroux/Lebens moved to advertise only for expiring terms on City boards and commis-
sions where incumbents do not wish to be reappointed. Motion carried with Cncl.
Colligan and Wampach opposed.
Colligan/Lebens moved to direct staff to prepare a resolution establishing a Cable
Advisory Committee for consideration at the January 4, 1982, City Council meeting
and direct staff to advertise for persons interested in this committee to be appointed
in the same time frame as appointments to existing City boards and commissions.
Motion carried unanimously.
Leroux/Lebens moved to authorize staff to accept quotations and disburse funds
within budgeting limitations not to exceed $5,500 for the purchase of a used motor
vehicle by the Police Dept.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach moved to purchase a Jeep CJ-5 from Park Jeep per specifications and
options for the amount of $8,246.00.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Vierling moved to purchase a one ton stake truck per Hennepin County contract
#3309 from Superior Ford in the amount of $10,559.00.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colli gan/Leroux moved that bills in the amount of $349,052.45 be allowed and ordered
paid.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
A request was made to have charges and returns to the City broke down regarding
the dog catcher for the City. The City Admr. made a note to do this.
Shakopee City Council
]December 2T, 1982
Page 4
Colligan/Lebens moved to approve payment to Jeanne Andre in the amount of $19.11
for travel/subsistence reimbursement.
Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried.
Colligan/Lebens moved to direct appropriate City officials to dispose of the follow-
ing excess property:
One Olivetti Electric Adding Machine ID 0098;
One IBM Electric Typewriter ID 0111;
One Single Stage Air Compressor with a 3/4 hp Motor ID 1626;
by negotiated sale or public sale.
Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried.
Colligan/Lebens offered Resolution No. 2093, A Resolution Vacating That Part of
Ramsey Street Herein Described, and moved its adoption.
Roll Call: Ayes; Unanimous Noes; None Absent: Leroux Motion carried.
Colligan/Vierling offered Resolution No. 2075, A Resolution Amending Personnel Policy
Regarding the City's Contribution to Health and Life Insurance Costs, and moved
its adoption.
Roll Call: Ayes; Wampach, Vierling, Leroux, Colligan, Reinke
Noes; Lebens
Motion carried.
Colligan/Lebens offered Resolution No. 2092, A Resolution Designating Director and
Alternate Director to Suburban Rate Authority, and moved its adoption.
Roll Call: Ayes; Unanimous Noes; None Absent; Leroux Motion carried.
Colligan/Lebens offered Resolution No. 2087, A Resolution Adopting Uniform Standards
Relating to Tree Control as Provided by Sec. 7.05 of City Code, and moved its adop-
tion.
Roll Call: Ayes; Unanimous Noes; None Absent; Leroux Motion carried.
The City Attorney explained that Mr. Bakken has a flawed title to the Old Treat-
ment Plant based on the Council's previous motion. He explained what is needed to
correct this.
Leroux/Colligan moved to reconsider the motion regarding the transfer of the Old
Treatment Plant made December 7, 1982. Motion carried unanimously.
Leroux/Colligan moved to amend so it terminates with a period following the word
"transfer", and strike the rest of the motion. Motion carried unanimously.
Leroux/Vierling offered Resolution No. 2094, A Resolution Authorizing the Sale
and Conveyance of Certain Real Estate, and moved its adoption. The City Admr.
summarized the resolution.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Lebens offered Ordinance No. 111, An Ordinance of the City of Shakopee,
Minnesota, Amending Shakopee City Code, Chapter 10, Entitled "Public Protection,
Crimes and Offenses" by Repealing Section 10.75 Prohibiting the Furnishing of Ob-
scene Material, and moved its adoption.
Roll Call: Ayes; Unanimous Noes; None Absent; Leroux Motion carried.
Colligan/Lebens offered Ordinance No. 112, An Ordinance of the City of Shakopee,
Minnesota, Amending Shakopee City Code Chapter 8 entitled "Traffic Regulations"
by Repealing Subdivision 3G of Section 8.30 and In Lieu Thereof Adopting a New
Subdivision 3G Section 8.30 and Adopting by Reference Shakopee City Code Chapter 1
and Section 8.99, Which Among Other Things Contain Penalty Provisions, and moved
its adoption.
Roll Call: Ayes; Unanimous Noes; None Absent; Leroux Motion carried.
Colligan/Wampach moved to remove from the table consideration of the hardship case
of Dick Mohlin regarding winter parking ordinance. Motion carried unanimously.
Mayor Reinke asked if the previous motion should pass, and it carried unanimously.
January 29, 1983 was decided to be the date for the Goals and Objectives Session
for City Council at the New Prague Golf Club.
City Council considered the grievance of the City Engineer regarding the personnel
action taken by the City Admr. Explanations were given by each party. Discussion
followed.
Shakopee City Council
December 21, 1982
Page 5
Wampach/Leroux moved to drop the City Admr. 's written reprimand of the City
Engineer.
Leroux/Vierling moved to amend the motion to have the reprimand stand, but have
it withdrawn one month after the date of its issuance, with no further record to
be kept of it. Motion to amend carried with Cncl. Lebens and Wampach opposed.
Main motion as amended Roll Call: Ayes; Vierling, Leroux, Colligan, Reinke
Noes; Wampach, Lebens
Motion carried.
Cncl. Wampach inquired about the procedure for obtaining additiona] parking per-
mits for the Senior Citizens highrise. The City Clerk answered his questions.
Leroux/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned
at 10:45 P.M.
Judith S. Cox
City Clerk
Diane S. Beuch
Recording Secretary
0,1�,x4',s?r STATE OF MINNESOTA V&-)
T Vie 9'� WASTE MANAGEMENT BOARD ROBERT G.DUNN
pp. ,", +1 123 THORSON BUILDING CHAIRMAN
y +' 6 Y 1. 7323 58TH AVENUE NORTH TELEPHONE:
,�`,,T CRYSTAL, MINNESOTA 55428 METRO AREA(612)536-0816°'"
OUTSTATEh80A.,65'
1 December 21 , 1982 r-
OFFICIAL NOTIFICATION i ''. `' 1 :' rl
°,f'r ' r- - 4m...i wrir"' "EE"
TO: Local government officials in Twin Cities Metropolitan-area communities
with "proposed areas" for hazardous waste processing facilities
FROM: Robert G. Dunn, Chairman
On December 17, 1982, the Minnesota Waste Management Board proposed an area or
areas within your community for inclusion on the state's "Inventory of Preferred
Areas" for hazardous waste processing facilities.
The December 17 action was the latest step in the Board' s continued search for
preferred areas for hazardous waste processing facilities in the Twin Cities
Metro area. On April 22, 1982 the Board designated eight areas outside the Twin
Cities as preferred areas fcr hazardous waste processing facilities. The Board
is required by law to issue an Inventory of Preferred areas for hazardous waste
incinerators, chemical waste treatment plants or transfer/storage facilities
(temporary collection and storage facilities) for hazardous industrial wastes.
In April , the Board also voted to continue and intensify its search for "preferred
areas" in the seven-county Twin Cities Metropolitan area, the source of an estim-
ated three-fourths of the state's total volume of hazardous wastes. In September--
usinu criteria which emphasized compatible land use, avoidance of residential
areas, transportation access, availability of city services and other factors--
the Board designated 28 "preliminary areas" in the Twin Cities area.
Following that designation the Board conducted numerous public information meetings
in or near the "preliminary areas." Also during this time Board staff members
worked with city staffs and elected officials. Each of the preliminary areas were
also reviewed by various state agencies. Based on the information gathered from
these sources the Board and its staff reviewed each preliminary area using the
following factors: existing industrial development and planned development; the
availability of sewer and water service; transportation access; proximity to resi-
dential development; soil and aquifers; protection of city wells and intakes; and
proximity to natural areas, parks and historical sites. All of these siting
factors were applied to the various areas in this review without any ranking or
priority.
As a result of this process the Board is now considering_16 "proposed areas" for
hazardous waste processing facilities in 13 Twin Cities-area communitiesT—The
state will not site or operate such facilities, but will designate preferred areas
where it will encourage private developers to acquire land, obtain the necessary
Pollution Control Agency permits and operate such facilities.
The 16 proposed areas will be the subjects of formal public hearings, .-•to be
BOARD MEMBERS: DISTRICT 1 LAURENCE HUNTER,Hastings DISTRICT 5 LOUISE KUDERLING, Minneapolis
DISTRICT 2 KEITH KUITERS,Clarks Grove DISTRICT 6 THOMAS RENNER, Elk River
DISTRICT 3 WILLIAM KIRCHNER, Richfield DISTRICT 7 ALLAN EIDE, Hitterdal
DISTRICT 4 MILTON KNOLL,JR, White Bear Lake DISTRICT 8 DAVID HARTLEY,Hermantown
' (5>
Official Notification
Page 2
December 21 , 1982
conducted by independent state hearing examiners, beginning in March. State
law allows local governmental units with areas proposed as "preferred areas"
to propose an alternate area or areas within their jurisdiction for the Waste
Management Board's consideration (Minnesota Statutes 1981 , Section 115A.09, subd.3).
If your local government is interested in proposing an alternate area to the
Waste Management Board, please contact Sharon Decker at the Board office before
February 1 .
Following the public hearings the Board will select the final "preferred areas"
for hazardous waste processing facilities in the Twin Cities area in June 1983.
The Board is not limited in the number of Metro "preferred areas" it can select,
and is expected to designate from five to ten final preferred areas.
We will remain in contact with you in the coming months, and urge you--should you
have further questions on this process--to contact the Board offices. Please find
enclosed maps of the areas in the Metropolitan area and of the proposed area or
areas in your community.
RGS:js
Enclosures
MINNESOTA WASTE MANAGEMENT BOARD
Proposed Areas for Processing Facilities
Metro Region 12/17/82
•
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MINNESOTA
WASTE MANAGEMENT BOARD
PROPOSED AREAS FOR PROCESSING FACILITIES
METRO SEARCH
12/17/82
APPROXIMATE APPROXIMATE
WASHINGTON CO. ACREAGE HENNEPIN CO. ACREAGE
Cottage Grove* 780 Minneapolis A 1200
(1 . 8 sq. Mi. :
Forest Lake 85 Minneapolis B 520
Minneapolis C 520
Plymouth 1280
(2 sq. mi. )
DAKOTA CO.
Hastings 460
Inver Grove Heights * 610
Lakeville 720
Rosemount* 1020 (1. 6 sq. mi)
ANOKA CO.
Fridley A 940 (1 .5 sq. mi. )
Ramsey* 1280 (2 sq. mi. )
RAMSEY CO.
St. Paul A 1880 (3 sq. mi. )
St. Paul B 420
Roseville 700
SCOTT CO.
Shakopee* 1920 (3 sq. mi . )
*Denotes Incineration, Chemical Treatment, Transfer-Storage Operation
Unmarked denotes Chemical Treatment, and Transfer-Storage only
MINNESOTA WASTE MANAGEMENT BOARD ,5
Proposed Areas for Processing Facilities
Metro Region 12/17/82
NORTH Shakopee* :C® o 3200'
J :' ! \ \=.�': \S\SFA/N
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Denotes Incineration, Chemical, Transfer-Storage Operation
Unmarked denotes Chemical & Transfer-Storage only
SCOTT COUNTY ��
7�ii HUMAN SERVICES
r
X
tp,* r 699 COUNTY ROAD 83
j ' SHAKOPEE, MN. 55379 (612) 445.7750
i k
CK,1 4.A,.
PEG SUBBY- Assistant County Administrator
Human Services
December 23 , 1982
(; 0-)Y1 ,>v � Q, y) C\ ri .� N
Mr . John Anderson
Administrator
City of Shakopee
Shakopee City Hall
129 East 1st Avenue
Shakopee, MN 55379
Dear Mr. Anderson :
About three years ago we requested each Scott County city
to provide us with names of deputy health officer candi-
dates to assist our County Health Officer in meeting our
county' s public health needs . We are reinstituting that
process and request that you submit the name of a physi-
cian from your community who would be willing to serve as
a deputy health officer. While this is not a requirement,
we want to give you the opportunity to participate. If
you have any questions in regard to this request , please
contact me on extension 404 . If the physician you have
in mind has any questions regarding the position, he or
she may call Dr. Anthony Spagnolo, who is our current
County Health Officer, at 445-1305 .
Sincerely,
7 j1 I _ "7
6 ; , ,i7,„,/,.,,,,,„ ;
Chuck Dustrud
Program Manager
cc: Joseph F. Ries
County Administrator
Peg Subby
Assistant County Administrator-Human Services
Anthony Spagnolo, M.D.
Medical Consultant/County Health Officer
CD:pb
An Equal Opportunity Employer
MEMO TO: John K. Anderson, City Administrator ��
FROM: Judith S . Cox, City Cleric
RE: 1982 Diseased Tree Removal Program
DATE: December 23 , 1982
Introduction
Council has set a public hearing for January 4, 1983 at 7 : 15 p.m.
to consider the assessments for the diseased trees which were
removed from private property in 1982 .
Background
The City has advertised and mailed notices to property owners
who had trees removed. The assessment roll is attached.
The resolution allows the property owner to pay the assessment
anytime prior to certification in October; or, thereafter the
assessment will be due when taxes are due .
You will notice that the assessment for Mrs . Shanus is for one
year, but the assessment for Valley Haven Trailer Park is spread
over five years . This is because our policy provides that when
more than four trees are removed, the assessment may be spread
over five years . The park had 12 trees removed.
Recommended Action
1 . Hold public hearing.
2 . Adopt Resolution No. 2096 .
JSC/jms
1982 DISEASED TREE REMOVAL PROGRAM - SPECIAL ASSESSMENTS
No. of Amount To
Name/Address Legal Description Trees Be Assessed
Nary Shanus L 1 & 2 , B 80 , Except 1 $174.00
633 Lewis Street N. 60 ' thereof
Shakopee , MN 55379 27-001-0000-604-00
Harold Sherman 2 . 27 ac in Govt . Lot 12 $974. 00
CD Harold E. Wetterlin 5 Sec . 6/1.15/22
Rt . 1 , Box 58 27-906-5200-056-00
Jordan, MN 55352
URCD Owner :
Steven Schmitz
5612 Country Side Rd.
Edina , MN 55436
cQ
RESOLUTION NO. 2096
A RESOLUTION ADOPTING ASSESSMENTS
1982 DISEASED TREE REMOVAL PROGRAM
WHEREAS , pursuant to proper notice duly given as required by
law, the City Council of the City of Shakopee met and heard and
passed upon all objections to the proposed assessments of the
following described property :
Lots 1 and 2 , Block 80 , Original. Shakopee , except the
northerly 60 ' thereof ; and 2 . 27 acres in Govt . Lot 5
of Section 5-115-22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1 . That such proposed assessments together with any amend-
ments thereof is hereby accepted andshall constitute the special
assessment against the lands named therein and each tract therein
included is hereby found to be benefited by the proposed improve-
ments in the amount of the assessments levied against it .
2 . Such assessments listed below shall be payable in equal
annual installments extending over a period of one ( 1) year, the
first installment to be payable on or before the first Monday
in January , 1984 and shall bear interest at the rate of 87 per
annum from the date of the adoption of this assessment resolution.
To the first installment shall be added the interest on the entire
assessment from the date of this resolution until December 31 , 1984
and to each subsequent installment when due shall be added the
interest for one year on all unpaid installments .
Parcel Number Legal Description Name/Address Principal
27-001-000-604-00 L 1 & 2 , B 80 , Except Mary Shanus $174 . 00
N. 60 ' thereof 633 Lewis Street
Shakopee , HN 55379
3 . Such assessments listed below shall be payable in equal
annual installments extending over a period of five ( 5 ) years ,
the first installment to be payable on or before the first Monday
in January, 1984 and shall bear interest at the rate of 8% per
annum from the date of the adoption of this assessment resolution.
To the first installment shall be added the interest on the entire
assessment from the date of this resolution until December 31 , 1984
and to each subsequent installment when due shall be added the
interest for one year on all unpaid installments .
Parcel Number Legal Description Name/Address Principal
27-906-5200-056-00 2 . 27 ac in Govt . Lot Harold Sherman $974.00
5 Sec . 6/115/22 CD Harold E. Wetterlin
Rt . 1 , Box 58
Jordan, MN 55352
URCD Owner:
Steven Schmitz
5612 Country Side Rd.
Edina , MN 55436
4. The owner of any property so assessed may, at any time prior
to certification of the assessment to the County Auditor, pay the
whole of the assessment on such property, with interest accrued to
the date of payment , to the City Treasurer, except that no interest
shall be charged if the entire assessment is paid within thirty ( 30)
days from the adoption of this resolution; he may thereafter pay
to the County Treasurer the installment and interest in process of
collection on the current tax list , and he may pay the remaining
principal balance of the assessment to the City Treasurer.
Resolution No. 2096 Page Two
5 . The clerk shall file the assessment rolls pertaining to
this assessment in his office and shall certify annually to the
County Auditor on or before October 10th of each year the total
amount of installments and interest which are to become due in the
following year on the assessment on each parcel of land included
in the assessment roll .
Adopted in session by the City Council of the
City of Shakopee , Minnesota , held this day of
1983 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of , 1983 .
City Attorney
9:6
MEMO TO: John K. Anderson/City Administrator
FROM: Jeanne Andre
RE : 1983 Fiscal Year Small Cities Application
(Community Development Block Grant )
DATE : December 30, 1982
Introduction
Fiscal Year 1983 Small Cities Block Grant Applications are due February
1 , 1983 . The City Council must determine whether an application should
be submitted and for what project . As part of this process Council will
also review the results of the 1982 grant process and how Shakopee fared.
A public hearing is scheduled for 7 :45 p.m. January 4, 1983 , to receive
public suggestions on possible block grant activities .
Background
Shakopee submitted a comprehensive block grant application to HUD for
fiscal year 1982 . $8 , 589 , 543 was available for comprehensive projects .
Twenty-two applications were submitted and eight were funded . Shakopee ' s
applications ranked ninth in total points . A brief overview of the top
proposals is attached . $6 , 338 ,603 was available for single purpose pro-
jects . One hundred thirteen applications were received and eighteen were
funded, seven economic development , six housing and five public facilities .
In discussing the Shakopee proposal , HUD representatives indicated it is
a strong proposal and recommended submission with minor improvements for
the fiscal year 1983 cycle . However as State of Minnesota personnel will
administer a modified application process in 1983 , HUD also suggested the
project be discussed with state staff to solicit their recommendations .
The needs assessment has already been conducted for this project so staff
time would be concentrated on improving the proposed activities and re-
vising the proposal to fit the state format .
An alternative proposal previously discussed by staff and City Council
involves downtown redevelopment . A needs assessment has been started
but is not very far along the for downtown redevelopment area . If City
Council selects downtown for the grant application there would probably
only be time to put a single purpose proposal together. Ideas discussed
include land acquisition for a condominium project , loans for exterior
facade improvements (perhaps combined with existing tax-increment commer-
cial loan program) or an economic development project with a hotel or
motel . Any development proposal would require a developer to be on-line .
Council may consider additional projects presented at the public hearing.
It is anticipated that $22 ,050 ,000 will be awarded for 1983 small cities
block grants of which $12 , 127 , 500 will be available for comprehensive
proposals and $9 , 922 , 500 for single purpose . Grant ceilings are :
single purpose = $600,000 ; single year comprehensive = $700,000; and
multi-year comprehensive = $1 ,400,000 over 3 grant years . The application
rating system includes general competion 90 points (demographic character-
istics - 60 and management capability - 30 ) and category competition 210
points (project need - 90, project impact - 90 , and cost effectiveness
- 30) .
Crit/d _
1983 Fiscal Year Small Cities App.
December 30, 1983
Page -2-
Alternatives
1 . Submit no application.
2 . Submit application for East Second Avenue Comprehensive or Downtown
single purpose project or alternate presented at public hearing.
Recommended Action
Direct staff to prepare proposal outline for fiscal year 1983 Small Cities
Community Development Block Grant Application for desired project .
JA: cau
Attachment
tk
APPLICATION RATING SYSTEM
All Applications
General community need
Competition -- --- ---
90 pts other factors
Economic Public
Housing Development Facilities Comprehensive
.),,,,,,
7,,,,,,
//////• 7,,,,,,
,,,,,,, ,,,,,,,
7777,,, ,,,,,,,
< "/..//, PROJEC T ® 90 pts --- >
,„,„ 7 „„„,
777,7,, ,,,,,,,
,,,,„,
,77,77, ,,,,,„
,,,,,,,
Category - ..,„„,, ----- -- -- ,
„,,,,, ,,,,,,,-
7,,,,,. 7,,,,,,
Competition ✓✓✓✓✓✓, '✓✓✓'✓,
7777,,. „✓„✓,
4,--„„`-',;— PROJECT GAAP&,T 90 pts -- ------�
7,,,,,. 7/77,7,
7777,,, ,,,,,,,
7,,,,... ,,,,/„
7///7/, 7//////
210 pts
i,e s,,. „,„,,
„„, ✓„✓s,,
s 777,7,, ✓,,,,,, s
—a
/,/,/ . 7777,,,
77,7,7, //7777,,
/
( `• JryCOST EFFECTl.V,EA ESS 30 pta
„ ./,,, /7/,,,,
,,,,,,. 7777,/,
/7777,. ;,,,,,,
Y - 6 i / 4.
MAXIMUM POINTS ATTAINABLE 300
- 25 -
0,-- ,d--
GENERAL COMPETITION
# of poverty 15 pts.
persons
COMMUNITY
of poverty 25 pts.
NEED persons
60 pts MAXIMUM
Assessed 24 pts. POINTS
Valuation 90
OTHERATTAINABLE
Planning 15 pts.
FACTORS 3opls
Management 15 pts.
- 26 -
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MEMO TO: Mayor and City Council
FROM: Don Steger, City Planner
RE: Temporary Certificate of Occupancy - R. W. Puckett
DATE: December .29 , 1982
Introduction
The attached letter and sketch from R. W. Puckett of Puckett Trans-
port , Inc . , requests a Temporary Certificate of Occupancy for a
temporary office building. The details of this request are included
in the letter and sketch.
Background
In the past , the City Council has issued Temporary Certificates of
Occupancy for temporary buildings : the temporary bank and the tempo-
rary classroom. This request for an office building, meets all the
Zoning Ordinance regulations .
Alternatives
1 . Approve the Temporary Certificate of Occupancy.
2 . Do not approve the Temporary Certificate of Occupancy.
Staff Recommendation
Staff recommends approval of the Temporary Certificate of Occupancy
with the following conditions :
1 . The term be limited to 9 months .
2 . The installation be approved by the City Building Official .
DS/jms
PUCKETT TRANSPORT9 INC. 1 '
2701 Terrace Drive
Burnsville, MN 55337
SHOP—SHAKOPE ;, 445-4367
December 28, 1982
Mr. John Anderson, Administrator
City of Shakopee
129 E. 1st. Ave.
Shakopee, MN 55379
Dear Mr. Anderson:
We are operating a trucking business out of the building we own located
at 8925 13th Ave. E. Due to a business offer we received we are urgently
in need of additional office space immediately. It is impossible for us
to know how much additional space we will require until we have operated
this new business venture for a few months time. We are planning to put
an addition on our existing building as soon as we know how much space
we will require. Until that time we would like to utilize a mobile
office building for a time period of 6 to 9 months.
In order to do this we are requesting the council to grant us a "Cert—
ificate of Temporary Occupancy" for this building.
The building would be 8' by 36',all electric heat, A/C, carpeted, divided
into two offices, set on 12" by 8" by 16" blocks placed about 4' apart
around the building.
We would like to have this building in place by January 5, 1983 to avoid
interruption of our business operations.
Attached is a sketch map of our existing property showing where we plan
to plaice the temporary building.
Please contact me if any more information is required or if I need to
appear before the council when this request is presented.
I deeply appreciate your help and understanding on the urgency of this
matter.
Sincerely yours,
4.
R. W. Puckett, Sr.
President
'ARO. u-
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46077
-P1/11-s.e5
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Tuesday ' s City Hall Closing
DATE: December 29 , 1982
Introduction
On Tuesday, December 28 , 1982 , I had it announced on the radio
that City Hall was closed because of the snow storm. This
applied to non-essential employees , and street and police
personnel worked on Tuesday, December 28th.
Problem
The City does not have a policy for handling employee pay on
days when the City Hall is officially closed. The City does
have a policy for employees who cannot make it to City Hall
because of weather conditions when City Hall is not closed
(policy attached) .
I believe that the underlying philosophy of the existing policy
was simply that you were paid for hours works . Therefore , to
remain consistent with that philosophy employees not working on
Tuesday, even though City Hall was official closed, should not
be paid for a day they did not work. There is a second considera-
tion when establishing a policy regarding official closings of
City Hall , and that relates to people who did arrive at work for
all or part of the day and those employees who had taken a vaca-
tion day on the day that City Hall was closed. It does not seem
equitable to pay employees who did not work, employees who worked
for part of the day, and employees who had taken a vacation day
all for a standard 8-hour day.
A brief telephone survey of neighboring communities found the
following:
Bloomington, Brooklyn Park, Edina, Eden Prairie and Scott County
pay employees for 8 hours if they did not work and allows those
employees who did work to take an equal amount of time off at a
later date ;
Burnsville and Prior Lake pay employees for 8 hours whether or
not they worked on the day City Hall was closed making no adjust-
ment, for those people having worked;
Coon Rapids and Columbia Heights do not pay employees who did not
work and require that they take vacation, accumulated comp time ,
or future comp time (within the next year) , or a day without pay.
Alternatives
1 . Pay employees who did not work for 8 hours and allow employees
who worked to take an equal amount of time off at a later date .
Tuesday' s City Hall Closing
December 29 , 1982
Page Two
2 . Pay employees for 8 hours whether or not they worked with no
extra allowance for time off for those people who worked.
3 . Do not pay employees for hours they did not actually work.
4. Other.
Recommendation
1 recommend alternative No. 3 because it is in keeping with the
philosophy that guided our current policy and is the most equitable
for all employees .
Action Requested
Pass a motion establishing pay policy when City Hall is officially
closed, that states that employees must use vacation, accumulated
comp time , future comp time (within the next year) , or a day with-
out pay to compensate for hours not worked the day that City Hall
was closed.
J A/jms
ADMINISTRATIVE POLICY NO. 62
Subject : Snow Days
Date Adopted : December 28 , 1981
Source of Authority: City Administrator
City policy for employees unable to make it to work because of
weather conditions when the City offices are open, requires that
the employee take vacation, comp time or a day without pay.
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MEMO TO: John K. Anderson, City Administrator
FROM: H. R. Spurrier, City Engineer ItormiliOw
RE: Municipal State Aid Street System 11/4
DATE: December 30 , 1982
Introduction
At the Council meeting December 21 , 1982 Council requested a
copy of the Municipal State Aid Street along with Federal Aid
Urban Streets in order to identify potential State Aid projects .
The attached map identifies the Municipal State Aid Streets .
Market Street was included because it was in the vicinity of
Second Avenue. The City could identify some alternatives to
Market Street but the street should be identified soon so that
preliminary work may be completed in a timely fashion so that
the City' s State Aid allotment is not jeopardized.
Action Requested
Review the map of the Municipal State Aid Streets and recommend
a Municipal State Aid Project that would be undertaken before
1984.
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MEMO TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Purchase of Printer
DATE: December 30, 1982
Introduction & Background
Council has previously addressed the pruchase of a micro computer and
equipment. Action on the purchase of a printer was deferred until the machines
were demonstrated. It is planned to have original samples on the table Tues-
day night.
The two machines under consideration are an IDS Microprism dot matrix
printer which sells for $675.00 and has a speed of 110 characters per second
cps in plain matrix mode and 75 cps in dual printing or "near letter quality"
printing. This machine takes paper up to a maximum of 81/2 inches wide. The
other machine is a NEC spin writer that prints like a typewriter. There are
two models to consider, one at 30 cps and one at 55 cps. The price is $1650.00
and $2250.00 respectively with an additional $250.00 each for a tractor feed
which would feed paper to the printer continously rather than the operator
loading one piece of paper at a time.
Previous staff recommendation was to buy two printers now to have both
the speed and quality advantage available - speed for Finance Dept. , hard copy
backup of computer entries and the better quality for word processing of
documents, important letters, etc. Also, the price of the Spin writer has
increased since these were last considered. The Spinwriter does handle paper
wider than 81 inches.
Alternatives
Buy an IDS Printer
2. Buy a Spinwriter @ 30 cps
Buy a Spinwriter @ 55 cps
4. Buy two printers now, combination of 1 & 2 or 1 & 3
5. Buy one printer now and one later (i.e when second micro acquired)
Recommendation
It is the consensus of staff to have both printers. If only one printer
is to purchased now, it should he the TDS matrix printer.
Action Requested
Move to purchase an IDS Microprism printer, and a NEC Spinwriter 7710 with
tractors, and connecting cables in an amount not to exceed $3,600.00
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MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE: Official Newspaper
DATE: December .21 , 1982
Introduction.
One of the actions which needs to be taken at the first Council
meeting of the year is the designation of the official newspaper
for the City of Shakopee .
Recommended Action
Move to designate the Shakopee Valley News as the official news-
paper for the City of Shakopee for the year 1983 .
JSC/jms
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox , City Clerk
RE: 1983 Liaison Appointments
DATE: December ,21 , 1982
Introduction
The attached lists the Council liaison appointments made in 1982 .
Council should consider and make appointments for 1983 .
Action Requested
1 . Nominations and appointments to serve as acting mayor during
1983 .
2 . Make liaison appointments to:
30 Shakopee Community Services
ko Shakopee Public Utilities Commission
Q, Joint Seven Man Committee Planning and Land Use Control
tel, Planning Commission ( 1st 6 months )
Hazardous Waste and Sewer Services Board
CR-18 Citizens Advisory Group
gg @ /l eevr�,+wai n
JSC/jms
1982 COUNCIL LIAISON APPOINTMENTS
*Shakopee Community Services Cncl . Leroux
*Public Utilities Commission Cncl . Wampach
*Joint Seven Man Committee Planning and
Land Use Control Cncl . Colligan
*Planning Commission Cncl . Vierling
Community Education Advisory Council.
Scott County Criminal Justice Advisory
• Committee John Rurpke
*Hazardous Waste & Sewer Services Board Cncl . Colligan
*CR 18 Citizens Advisory Group Cncl . Leroux and
Walt Harbeck
*Vice Mayor Cncl . Lebens
Flying Cloud Airport Commission Bob Vierling (appt . made 2/78 )
*Appointments made on January 5 , 1982
1
MEMO TO: Mayor and City Council
FROM: Mayor and City Administrator
RE: Council Meeting Procedures
DATE: December 30 , 1982
Introduction
Because of the light agenda January 4, 1983 and our scheduled
goals and objectives session on January 25th, I thought it
would be a good time to review our 1982 worksession materials
on Council procedures . I believe we made noticeable progress
on these items in 1982 . What ' s your reaction looking back
over the last 12 months? This is a good opportunity to take
stock and fine tune the procedures from 1982 if you have good
suggestions .
Review of 1982 Procedures
1 . How Councilmembers get items on the agenda.
2 . 11 :00 P.M. stopping time , 10 : 30 P.M. when there is no HLA
agenda.
3 . Chairman to comment on issues last and try to facilitate
discussion.
4. Informal effort to "go around the table" for comments .
5 . Informal limit of two comments per item.
6 . Use of "How to Aid Discussion by Asking the Right Question"
(Sheet in plastic cover) .
7 . Procedures for Public Hearings :
a. Citizen give name and address before speaking.
b. Everyone speaks once before a second chance to speak
is given.
c . Citizens speak to Chair or Council not other members of
the audience ( to avoid back and forth discussions ) .
8 . All items to be acted on should be on the agenda with completed
staff work.
9 . Staff' s role and responsibilities for completing staff work for
agenda items :
a. What a good staff report should accomplish .
b. The staff report process (problems with information not
in the agenda packets ) .
c . Calls to City staff - the 20 minute rule of thumb.
d. When to ask questions about agenda items .
e. When to ask staff to follow-up on miscelleanous items -
pot-holes , junk cars , etc .
Council Meeting Procedures
Page Two f�
December 30 , 1982
f. Responses to citizens ' complaints about City staff
handling of a problem, etc. "I ' ll check into it and
call you back".
g. What to do when staff comes to Councilmembers about
a problem or item on the agenda.
10 . Use of Council worksessions ( i .e. committee meetings ) .
Summary
The ability of City Council to effectively make decisions at public
Council meetings depends in large part on how Council conducts its
meeting and how the information necessary to make those decisions
is provided to all Councilmembers . The meeting procedures and the
staff memo system outlined above will play a key role in determining
the effectiveness of the Council in 1983 . If you have questions
about the material in this memo or would like to suggest changes
please plan to do so Tuesday.
JKA/jms
.- /i a
MEMO TO: John K. Anderson, City Administrator
FROM: Gregg Voxland , Finance Director
RE: Designating Official Depositories of City Funds
DATE : December ,30 , 1982
City Council needs to adopt Resolution No. 2100, A Resolution
Designating Official Depositories of City Funds , per State law.
Action Requested
Offer Resolution No. 2100 , A Resolution Designating Official
Depositories of City Funds , and move its adoption.
GV/ jms
RESOLUTION NO. 2100
A RESOLUTION DESIGNATING
OFFICIAL DEPOSITORIES OF CITY FUNDS
WHEREAS, M.S. 427.02 provides that the City Council designate depositories;
and
WHEREAS, the State of Minnesota Statutes 118.005 and 475.66 provide that
cities may invest in time deposits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that the following institutions are designated as depositories with
the respective dollar amounts as limits and as secured by insurance and/or
collateral.
First National Bank of Shakopee $ 500,000.00
Citizens State Bank of Shakopee 500,000.00
First National Bank of St. Paul 1 ,000,000.00
First National Bank of Minneapolis 1 ,000,000.00
Northwestern National Bank 1 ,000,000.00
Peoples Savings & Loan Association 200,000.00
Minnesota Federal Savings and Loan 200,000.00
Midwest Federal Savings and Loan 1 ,000,000.00
Marquette National Bank 1 ,000,000.00
Midland National Bank 500,000.00
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of , 1983.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of , 1983..
City Attorney
a6
MEM0 TO: John K. Anderson, City Administrator
FROM: H. R. Spurrier , City Engineer iir
♦a.
RE: Reconstruction of Fourth Avenue , Fi. re Street to
Fuller Street
DATE: December .30 , 1982
Introduction
Pursuant to City Council action December 21 , 1982 I attach
Resolution No. 2098 , A Resolution Ordering the Preparation
of a Report on the Improvement of Fourth Avenue Fillmore
Street to Fuller Street .
Background
The attached resolution orders the report as directed by City
Council December 21 , 1982 .
Action Requcstion
Adopt Resolution No. 2098 , A Resolution Ordering the Preparation
of a Report on the Improvement of Fourth Avenue by Roadway Fillmore
Street to Fuller Street .
HRS/jms
1O"
RESOLUTION NO. 2098
A RESOLUTION ORDERING THE PREPARATION OF A REPORT ON THE
IMPROVEMENT OF FOURTH AVENUE BY ROADWAY FILLMORE STREET TO
FULLER STREET
WHEREAS , it is proposed to improve Fourth Avenue by Roadway
from Fillmore Street to Fuller Street and to assess the benefited
property for all or a portion of the cost of the improvement pur-
suant to Minnesota Statutes Chapter 429 .
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Or THE CITY
OF SHAKOPEE, MINNESOTA that the proposed improvement be referred
to Henry R. Spurrier, City Engineer, for study in that he is
instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the pro-
posed improvement is feasible and as to whether it should best
be made as proposed or in connection with some other improvement
and the estimated cost of the improvement as recommended.
Adopted in session of the City Council of the
City of Shakopee , Minnesota, held this day of
1983 .
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of , 1983 .
City Attorney
/;2c_
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE: Easement to St . Francis Regional Medical Center for
Two Fuel Tanks Beneath Atwood Street
DATE: December 29 , 1982
Introduction
Per your direction John, Mr. Coller has prepared the attached
resolution and easement which permits the hospital to locate
and maintain two buried fuel tanks beneath part of Atwood Street .
Action Requested
Offer Resolution No. 2097 , A Resolution Authorizing the Execution
and Delivery of an Easement Hereinafter Described, and move its
adoption.
JSC/jms
i 0-
RESOLUTION NO. 2097
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN EASEMENT
HEREINAFTER DESCRIBED
WHEREAS, St. Francis Regional Medical Center, a Minnesota corporation formerly
known as St. Francis Hospital, Shakopee, Minnesota, is the owner of Block 58 in
the City of Shakopee and other land and said block is bounding on the east by
Atwood Street, and
WHEREAS, for many years last past the hospital has maintained a buried fuel
tank under Atwood Street adjoining the hospital building and recently has removed
said tank and has installed two fuel tanks beneath the travelled surface of said
street,and
WHEREAS, the maintenance and use of that portion of the street below the
travelled portion will in no way interfer with the use of the street surface by
the general public and will greatly aid St. Francis Regional Medical Center, an
excellent and non-profit institution serving the people of Shakopee and the
Shakopee area.
THEREFORE, BE IT RESOLVED That the City of Shakopee enter into an easement with
the said St. Francis Regional Medical Center to permit them to install, repair, use
and maintain two buried fuel tanks beneath that part of the surface of Atwood Street
in the City of Shakopeedescribed as follows, to-wit:
Beginning at the Southeast corner of Lot 5, Block 58, of said
Shakopee City; thence northerly along the East line of said Lot 5,
a distance of 72.00 feet to the point of beginning of theline to
be described; thence easterly along a line parallel to theSouth
line of said Lot 5, a distance of 8.00 feet; thence northerly along
a line parallel to said East line of Lot 5, a distance of 58.00 feet;
thence westerly along a line parallel to said South line of
Lot 5 to the East line of said Lot 5 and there terminating.
All being in the said City of Shakopee, County of Scott and State of
Minnesota.
BE IT FURTHER RESOLVED That the easement be conditioned as follows:
That said Medical Center will maintain said tanks in a safe condition so as not
to interfere with the use by the public of the street over and across the above
described easement area and if it becomes necessary for the Medical Center to reopen
said street in the easement area for any reason whatever, the said Medical center
will make the required application for opening said street as provided by the City
Code of the City of Shakopee and rules and regulations adopted pursuant thereto,
and said Medical Center for itself, successors and assigns., agreesto fully
indemnify and save harmless the City of Shakopee from all costs of damage which
the City may suffer by reason of the construction and maintenance of the above
described buried fuel tanks in the above described easement and will fully reimburse
and repay the City for all outlay and expenses or any judgment which the City may
incur in theprosecutiun of or defense of any action arising out of or in connection
with the installation, maintenance and use of said easement including reasonable
counsel fees and this indemnification agreement is given in consideration of the
City granting the above described easement.
BE IT FURTHER RESOLVED, That this easement will run to the Medical. Center, its
successors and assigns, for a period of no longer than 50 years from the date
thereof, with the privilege of renewing the easement.
BE IT FURTHER RESOLVED, That the proper City officialsbe and hereby are
authorized and instructed to execute said easement in behalf of the City and deliver
a copy thereof to the Medical Center.
Passed in session of the Shakopee City Council held this
day of , 198
Mayor
ATTEST: City Clerk
Prepared and approved this 22nd day
of December, 1982.
,.* ,"
Julius A. Coller, II
City Attorney mss,,___
y
i
111110
IIIIIIII CITY OF SHAKOPEE
league of minnesota cities
December 6, 1982
Dear City Clerk:
Enclosed is a copy of the proposed Legislative Policies of the League of
Minnesota Cities for the 1983-1984 Legislative Session.
These proposed policies will be considered at the morning session of the
League of Minnesota Cities annual Legislative Conference to be held
Wednesday, January 26, 1983, at the St. Paul Radisson Hotel, 11 E.
Kellogg Boulevard. More information about this conference, including
registration forms, will be found in the December issue of Minnesota
Cities.
A list of the A and B priority proposed policies is enclosed. Please
ask..youur ci y councJ.i to--consider_ which five of _the proposed policies
are most important to your _city The form should be returned to us by
.January r4+th and the results of the Cities Legislative Action Survey
announced at the Legislative Conference. It is extremely important that
each city return this survey so that the League will have a clear
directive as to which issues are of major important to the cities of
Minnesota.
Si rely yours,
C.U0n
Donald A. Slater
Executive Director
DAS:glb
'I 83 university avenue east, st. paul, minnesota 55101 (61 2) 227-5600
STATE LEGISLATIVE ACTION SURVEY
Return to: Duke Addicks
Legislative Counsel
League of Minnesota Cities
183 University Avenue East
St. Paul, MN 55101
Name of Your City
Name and Title of Person Returning Survey
At a meeting of our city council, the following five proposed policies were
selected as being of the highest priority for our city (an X indicates each of
the five policies selected.
Public Health and Safety
PHS-1 Good Samaritan Liability
PHS-2 Fire Personnel Standards
PHS-3 Issues in Law Enforcement Personnel
PHS-4 Adverse Possession
PHS-5 Fire Codes
PHS-6 Updating of Building and Fire Codes
PHS-7 Building and Energy Code
PHS-8 Handicapped Provisions of the State Building Code
PHS-9 Youth Service Bureaus
PHS-10 Work Restitution Programs
PHS-11 Emergency Medical Services
PHS-12 Liquor Issues
Personnel, Pensions and Labor Relations
PPLR-1 Minnesota Public Employee Labor Relations Act
PPLR-2 Day Labor Restrictions
OVER
State Legislative Action Survey
Page 2
PPLR-3 Workers' Compensation
PPLR-4 PERA Benefits, Finance and Administration
PPLR-5 Relief Association Member Lobbying
PPLR-6 Formal Civil Service Systems
PPLR-7 Government Training Service Funding
PPLR-8 State Board of Investment Performance
PPLR-9 Unemployment Compensation
PPLR-10 Veterans Preference
PPLR-11 Volunteer Firefighters Double Dipping
PPLR-12 Disability Retirement
Government Structure
GS-1 Mandates
GS-2 Open Meetings
GS-3 Uniform Information Practices
GS-4 Personal Bonds
GS-5 Adjusting Dollar Limits
GS-6 State Licensing of Contractors
GS-7 Tort Liability
GS-8 Cable Television.
GS-9 State Audits and City Financial Report Requirements
GS-10 Publication of Small Cities' Financial Statements
GS-11 Uniform Local Government Election Day
GS-12 Election Day Registration
GS-13 Campaign Financing and Disclosure
State Legislative Action Survey
Page 3
GS-14 Validating Absentee Ballots
Revenue Sources
RS-1 Levy Limits
RS-2 Adequate Funding for Local Government Aid
RS-3 Alternative Revenue Sources
RS-4 Special Assessment Financing
RS-5 Local Government Aid Formula
RS-6 Timing of Property Tax Payments
RS-7 Homestead Credit
Land Use, Environment, Energy and Transportation
LUEE-1 Transportation
LUEE-2 Solid and Hazardous Waste Management
LUEE-3 Manufactured Housing
LUEE-4 Agricultural Land Preservation
LUEE-5 Surface Water Management
LUEE-6 Flexible Approach to Pollution Control
LUEE-7 Eminent Domain Law
LUEE-8 Rezoning Requirements for Cities of the First Class
LUEE-9 Energy Conservation and Production
LUEE-10 Shade Tree Disease Control
Development Strategies
DS-1 Community Development Principles
DS-2 Small Cities Community Block Grants
DS-3 Special Assessments
OVER
State Legislative Action Survey
Page 4
DS-4 Enterprise Zone and Industrial Employment Property
DS-5 Tax-Exempt Status of Land Held by Cities for Development
DS-6 Small Business Development Financing
Proposes!
1983 City o icies
For distribution to all member officials
These proposed policies are being mailed to all clerks
and administrators for distribution to all officials. Each
mayor will also receive a copy. Additional copies are
available from the League office.
Member officials are urged to review proposals
developed by the LMC Legislative Study Committees
and recommend by the LMC Legislative Committee to
the membership. Each policy has been designated with
an A, B, or C priority. An explanation of the meaning
of each level can be found on the reverse side of this
cover sheet.
Policies will be reviewed and adopted at the morning
session of the 1983 LMC Legislative Action Conference,
Wednesday, January 26,at the St. Paul Radisson Hotel,
11 E. Kellogg Boulevard. If there are questions or
comments prior to that date, contact committee chairs,
vice chairs, or League staff.
League of Minnesota Cities
) #6
TABLE OF CONTENTS
Page
Contents
Foreword
Committee members Y
Public Health and Safety
PHS-1. Good Samaritan Liability (A) 1
PHS-2. Fire Personnel Standards (A) 1
PHS-3. Issues in Law Enforcement Personnel (A) 1
PHS-4. Adverse Possession (A) 2
PHS-5. Fire Codes (A) 2
PHS-6. Updating of Building and Fire Codes (B) 2
PHS-7. Building and Energy Code (B) 2
PHS-8. Handicapped Provisions of the State Building Code (B) 3
PHS-9. Youth Service Bureaus (B) 3
PHS-10. Work Restitution Programs (B) 3
PHS-11. Emergency Medical Services (B) 3
PHS-12. Liquor Issues (B) 3
PHS-13. Prosecution Costs and Responsibility (B)
PHS-14. Uniform Colors (C) 4
PHS-15. Emergency Telephone System (C) 4
PHS-16. Beer Keg Registration (C) 4
Personnel, Pensions and Labor Relations
PPLR-1. Minnesota Public Employee Labor Relations Act (A) 4
PPLR-2. Day Labor Restrictions (A) 5
PPLR-3. Workers' Compensation (A) 5
PPLR-4. PERA Benefits, Financing and Administration (A) 6
PPLR-5. Relief Association Member Lobbying (A) 7
PPLR-6. Formal Civil Service Systems (A) 7
PPLR-7. Government Training Service Funding (B) 7
PPLR-8. State Board of Investment Performance (B) 7
PPLR-9. Unemployment Compensation (B) 8
PPLR-10. Veterans Preference (B) 8
PPLR-11. Volunteer Firefighters Double Dipping (B) .8
PPLR-12. Disability Retirement (B) 8
PPLR-13. Employee Bonuses (C) 9
PPLR-14. Volunteer Ambulance Systems (C) 9
PPLR-15. State Taxation of PERA Contributions (C) 9
PPLR-16. Temporary Military Service (C) 9
Government Structure
GS-1. Mandates (A) 10
GS-2. Open Meetings (A) 10
GS-3. Uniform Information Practices (A) 10
GS-4. Personal Bonds (A) 10
GS-5. Adjusting Dollar Limits (A) 10
GS-6. State Licensing of Contractors (B) 10
GS-7. Tort Liability (B) 11
GS-8. Cable Television (B) 11
GS-9. State Audits and City Financial Reporting Requirements (B) 11
GS-10. Publication of Small Cities' Financial Statements (B) 12
GS-11. Uniform Local Government Election Day (B) 12
GS-12. Election Day Registration (B) 12
GS-13. Campaign Financing and Disclosure (B) 12
GS-14. Validating Absentee Ballots (B) 13
GS-15. Voting Equipment (C) 13
GS-16. Precinct Boundary Changes (C) 13
GS-17. Collateral for Depositories (C) 13
GS-18. Purchasing and Contracting Issues (C) 14
GS-19. Home Rule (C) 14
GS-20. Improved City Code (C) 14
Revenue Sources
RS-1. Levy Limits (A) 15
RS-2, Adequate Funding for Local Government Aid (A) 18
RS-3. Alternative Revenue Sources (A) 18
RS-4. Special Assessment Financing (A) 19
RS-5. Local Government Aid Formula (A) 19
RS-6. Timing of Property Tax Payments (B) 19
RS-7. Homestead Credit (B) 20
RS-8. Railroad Taxation (C) 20
RS-9. Tax-Exempt Property (C) 20
RS-10. Assessment Equalization (C) 21
Land Use, Environment, Energy and Transportation
LUEE-1. Transportation (A) 21
LUEE-2. Solid and Hazardous Waste Management (A) 22
LUEE-3. Manufactured Housing (A) 23
LUTE-4. Agricultural Land Preservation (A) 23
LUEE-5. Surface Water Management (A) 24
LUEE-6. Flexible Approach to Pollution Control (B) 24
LUEE-7. Eminent Domain Law (B) 25
LUEE-8, Rezoning Requirements for Cities of the First Class (B) 25
LUEE-9. Energy Conservation and Production (B) 25
LUEE-10.Shade Tree Disease Control (B) 26
LUEE-11.Initiative-Referendum for Zoning Ordinance (C) 26
LUEE-12.Erosion and Sediment Control (C) 26
LUEE-13.Orderly Annexation (C) 26
LUEE-14.Minnesota Municipal Board (C) 26
LUEE-15.Intergovernmental Strategies (C) 27
LUEE-16.Planning Grant Program (C) 27
LUEE-17.Use of Funds from Subdivision of Land (C) 27
Development Strategies
DS-1. Community Development Principles (A) 27
DS-2. Small Cities Community Development Block Grants (A) 28
DS-3. Special Assessments (A) 28
DS-4. Enterprise Zone and Industrial Employment Property (B) 29
DS-5. Tax-Exempt Status of Land Held by Cities for Development (B) 29
DS-6. Small Business Development Financing (B) 29
DS-7, Tax Increment Financing (C) 29
ii
DS-8. Housing (C) 29
DS-9. Industrial Revenue Bonds (C) 30
DS-10. Rent Control (C) 30
Federal Legislation
FL-1. General Revenue Sharing (A) 30
FL-2. Municipal Bonds (A) 31
FL-3. Industrial Development Bonds (A) 31
FL-4. Community Development(A) 31
FL-5. Wastewater Treatment (B) 32
FL-6. Cable TV (B) 32
FL-7. Federal Labor Legislation (C) 32
III
Foreword
One of the most important purposes of the League indicated next to the title of each proposed policy.
is to serve as a vehicle through which municipal These priorities were developed by the study
officials throughout the state can define their committees and reviewed and, in some cases,
mutual problems and develop positive policies and modified by the Legislative Committee.
proposals for their solution.
The priorities are intended to give additional
To accomplish this purpose a three-step con- guidance to the League Board and staff in im-
sultative process has been established providing for plementing the League's legislative program.
the study of issues by committees of municipal
officials, the reivew of the resulting recommenda- "A" priority indicates a major issue, one where
tions by the Legislative Committee composed of the League would introduce legislation or would
the Board of Directors and the study committee work actively with other groups to seek new laws
chair-persons, and final adoption at an annual and regulations.
legislative conference attended by representatives
of all member cities. "B" priority indicates items that are important
to cities but where the League would probably
The policy statements and legislative proposals spend substantially less time unless the legislature
contained herein are the result of this process and or other groups mounted a major effort to which
are intended to be adopted for the biennial legisla- LMC had to respond. While the League might
tive session but subject to review and amendment initiate legislation on "B" priority items, these
between the first and second year. Thus, they will would be relatively non-controversial items, or
provide the League Board of Directors and the those where most of the research has already been
staff with a continuing source of guidance when completed.
testifying before legislative committees and taking
other actions which have legislative or policy "C" priority indicates items where the League
implications. would respond only when the issue is raised by
other groups.
Priority designation. The priority designation is
Committees
Public Health and Safety Sally Howard, Alderman, Minneapolis
Bill Lavin,City Administrator, Madison
Donna Robbins,Chair, Council Member, Shirlie Lundgren,Council Member,Crystal
Austin Robert Middaugh,City Administrator, Elk River
John Boyer, Vice-Chair, Council Member, Tim Madigan, City Manager, Excelsior
Cloquet Dean O'Borsky,Chief of Police, Hutchinson
Cherie Anderson, Council Member, Buffalo Ronald Stone, Mayor, Boyd
Virginia Burnett, City Councilor, New Ulm Ralph Sveska,Council Member, Spring Valley
Ronald H. Drew, Dir. Public Safety, Faribault Timothy Thompson, Police Chief, St. Bonifacius &
Jerry Dulgar,City Manager, Anoka Minnetrista
Gil Dullinger, Building Official, Brooklyn Park George Tourville,Council Member, Inver Grove
Chuck Fowler, Council Member, Fairmont Heights
v
John D. Walker, Mayor, Newport Karl Nollenberger,Manager, Richfield
Don Yecke, City Administrator, Kenyon Harlin O. Owens, Mayor, Worthington
Paul Rebrovich,Council Member, Dilworth
Personnel, Pensions and Labor Relations T. J. Ruhn, Coordinator, Eden Valley
Norm Schroeder, Clerk, Staples
James Cosgrove, Chair, City Coordinator, Richard Setzler, Clerk, Osseo
S. St. Paul James Shearer, Pres. City Council, Duluth
Leslie Turner, Vice-Chair, Council Member, Betty Sindt, Council Member, Lakeville
Edina Loren Solberg, Mayor, Bovey
Frank Akers, Chief of Police,Cambridge Jo-Anne Student, Council Secretary,Columbia
Gary Bastian, Council Member, Maplewood Heights
Frank Boyles, Asst. City Manager, Plymouth Robert Tapley, Mayor, Wadena
James L. Brimeyer, City Manager, St. Louis Park
Larry Donlin, Mayor, Minnetonka Revenue Sources
Willard Doty,Council Member, Mounds View
Kevin Frazell, Asst. City Manager, Coon Rapids Barb Sipson,Chair, Council Member, Moorhead
Ray Schoenecker, Council Member, New Prague John Anderson, Vice-Chair, City Administrator,
Joe Heinen, Council Pres., Sauk Centre Shakopee
Bill Joynes, City Manager, White Bear Lake Goerge Ballenger, Finance Director, Apple Valley
George Kehoe, Alderman,City Coun., Owatonna Ben Bifoss, City Manager, Montevideo
Jay Kiedrowski, Asst. City Coordinator, Mpls. Arline Brown, Council Member, Mankato
Sy Knapp, Eng. Public Works Dir., Brooklyn Yale Corcoran, Mayor,Cook
Center Thomas Cran/Mary Schweiger, Budget Analyst/
Robert Kroh, Asst. City Manager, Robbinsdale Mayor's Office, St. Paul
Jim Lacina, City Adm., Woodbury June Demos, Mayor, Roseville
Kent Michaelson, Personnel Officer, Bloomington John Elam, City Manager, Mound
Steven Devich, Personnel Mgr., Richfield Kelly Ferber, Mayor, Fergus Falls
Robert Norton, Dir. Gen. Services, Winona Tim Flaherty, Leg. Liaison, Minneapolis
Don Ramstad, Council Member, Maple Grove Dale Halos, City Assessor, Crookston
Mark Sather, City Manager, Waseca Scott Lindquist, Assessor, Duluth
Bob Schafer, City Manager, Inver Grove Heights Marie Horton/Darrell Johnson,Council Member/
Darrell Stacy, City Adm., Austin Finance Officer, Winona
Peter Stolley, City Adm., Northfield R.J. Huston, Mayor, St. Cloud
Joyce Twistol, City Clerk, Blaine Richard Johnson, Dir. Finance/Dep. City Mgr.
Rich Voller, City Manager, Granite Falls Blaine
Martin Jokinen, City Adm., Cokato
Government Structure James Keinath, City Administrator, Winnebago
Duane Knutson, Mayor, Fertile
Sue Patton, Chair, Clerk, Sartell Doug Kruckeberg, Council Member, Blooming
Leland (Lee) Swanson, V. Chair, Council Member, Prairie
Morris Gloria Lemmerman, City Clerk-Adm., North
Bill Barnhart, Local Liaison, Minneapolis Branch
John Christenson, Mayor, Good Thunder Robert Lewis, Mayor, Coon Rapids
Dean Colligan, Council Member, Shakopee Hugh Miller/Tom Mealey, Council Member/
C. Wayne Courtney, Mayor, Edina Clerk-Treasurer, Owatonna
Carol Dyke, Council Member, Worthington Bruce Nawrocki, Mayor, Columbia Heights
Paul Herges, Council Member, St. Cloud John Patton, Mayor, Blue Earth
Anne M. Huntley,Council Member, Grand Rapids David Pokorney, City Adm., Mahtomedi
Jane Gordon, Council Member, Minetonka J.E. Quest, Mayor, Excelsior
Rock Lindlan, Mayor, Mound AI Ringsmuth, Mayor, Waite Park
Patricia Lindquist, City Clerk/Adm., Andover Neil Ruddy, City Adm., Redwood Falls
Mary Lee Maida, Council Member, Maplewood Rosemary Thorsen, Mayor, Golden Valley
Mary Mueller, Adm. Assistant, Apple Valley Roy Trullinger, Clerk-Treas., St. James
John Murphy, Dir. Adm. Services, Golden Valley Joyce Wilde, Dir. Adm. Services, Richfield
Everett Nagelhout, Clerk, Minneota Elizabeth Witt, Council Member, Mendota Heights
Doris Nivala, Deputy Clerk, Ham Lake
vi
j
Land Use, Environment, Energy and Roberta Anderson, Council Member, Owatonna
Transportation Merton Auger, Dir. Planning & Dev., Buffalo
Jerry Carrier, Grants Administrator,
Richard Lewis, Chair, Asst. Administrator, Crookston
Cottage Grove David Childs, City Manager, St. Anthony
Marie Jensen, Vice-Chair, Council Member, Charles Darth, Finance Director, Brooklyn Park
Northfield Nancy Enright, Council Member, Lakeville
Maurice Anderson, Dir. Parks & Rec., New Tim Flaherty, Leg. Liaison, Minneapolis
Brighton John Frohrip, City Manager, Dawson
Norman Anderson,Council Member, Maplewood Ralph K. Hester, City Manager, Milaca
Louis Anthonisen, Alderman, Austin Thomas E. Huntley,Council Member, Duluth
David Bangasser, City Manager, Wayzata Walter M. Johnson, City Administrator, Luverne
Bob Benke, Council Member, New Brighton Laurence J. Klun, Attorney, Ely
Mildred Benner, Council Member, Sauk Rapids Dennis Kraft, Community Dev. Dir., Richfield
Gary Berg,City Planner, Brooklyn Park Edward R. Larson, City Manager, Morris
Mike Cronin, Planner, Minneapolis Phil Lynch, Council Member, St. Cloud
Mike Eastling, City Engineer, Richfield Jim Miller,City Manager, Minnetonka
Tom Eidem, Administrator, Monticello Henry Pappone,City Council Pres., Virginia
Rosemary Given-Amble, Council Member, Bemidji Mary Schweiger, Mayor's Office, St. Paul
John B. Gretz, Community Dev. Dir., Apple Valley Hank Sinda, City Adm., Savage
Tom Halloran, Cert, Building Official, Rochester Ronald D. Stone, Mayor, Boyd
Jan Haugen, Council Member, Shorewood Peter Meintsma, Mayor, Crystal
Richard Hoglund, Clerk-Treas., Willmar
Leland Knutson, Mayor, Rosemount Federal Legislation
Dolores Lebens, Council Member, Shakopee
Dean Massett, Council Adm., Red Wing George Latimer, Chair, Mayor, St. Paul
John McCabe, Mayor, Cleveland Sue Edel, Vice Chair, Council Member, Winona
Millie MacLeod, Council Member, Moorhead Meg Bye, Council Member, Duluth
Marlow V. Priebe, Dir. of Engineering, James P. Cosgrove, Coordinator, S. St. Paul
Hutchington Mary Detrick, Council Member, Hibbing
Charlotte, Soderquist, Asst. Zon. & Planning Donald Fraser, Mayor, Minneapolis
Ham Lake Sally Howard, Alderman, Minneapolis
Charles Thomson,Council Member, Excelsior Jim Krautkremer, Mayor, Brooklyn Park
Roy Trullinger, Clerk-Treasurer, St. James Pat Hoyt Neils,Council Member, Plymouth
Josephine Nunn, Mayor, Champlin
Development Strategies Harlin Owens, Mayor, Champlin
Sue Patton, Clerk, Sartell
Susan Edel, Chair, Council Member, Donna Robbins, Council Member, Austin
Winona Walter Rockenstein, Alderman, Minneapolis
Les Johnson, Vice-Chair, City Manager, Betty Sindt, Council Member, Farmington
Owatonna
vii
PUBLIC HEALTH AND SAFETY permitting employment of a class of police em-
ployees, who meet specified requirements which
PHS-1. Good Samaritan Liability (A) are less than those for full-time officers and by
allowing upgrading of part-time police officers to
The Good Samaritan Law, a law of interest to fully licensed status. The law also provides for two
municipal employees in the provision of emergency elected city officials to represent cities on the
care, has never really served its purpose because, POST Board. The following guidelines are re-
unlike similar laws in other states, it preserved commended to the legislature in any fuL re con-
the common law liability of a good samaritan for sideration of this issue.
damages resulting from ordinary negligence in
rendering emergency care. The League recom- 1. Since cities increasingly employ specialized
mends that the law be amended to limit the law enforcement personnel, including part-time
liability of a person rendering emergency care at officers, reservists and paraprofessionals, they
the scene of an emergency to liability for willful or should clearly have the authority to establish
wanton misconduct. their own standards for such personnel who are
not authorized to carry firearms except in
PHS-2. Fire Personnel Standards (A) emergencies.
Fire suppression has traditionally been a unique- 2. There should be consideration of the financial
ly local function in Minnesota. Not only are impact of any state rules and regulations on
firefighting problems vastly different from one the cost of law enforcement to cities. Manda-
community to another, but well over ninety tory citizen complaint processing procedures on
percent of Minnesota communities rely primarily police officer conduct and behavior may dictate
on volunteer firefighters for fire suppression. extra cost to produce manuals and train person-
Because local governing bodies are best equipped nel in their use, and the state should subsidize
to determine the nature of local fire risks, the level any extra costs.
of local fire prevention efforts and the practical
availability of firefighting personnel, and because 3. Enforcement of standards of conduct and
power to conduct training on a multi-municipal performance, and any other disciplinary matters,
basis, under the Joint Powers Act, exists and is should not bypass normal city personnel proce-
being used, the League believes that the following dures. Nor should state objectives be allowed to
principles should govern any state or federal efforts unnecessarily complicate local personnel prac-
to improve firefighting capabilities. tives which have worked well in the past.
1. No governmentally established mandatory or 4. Special attention should be placed upon law
suggested physical, physiological, educational, enforcement problems in rural areas and in
or compensation standards for retirement or small cities where conventional approaches may
continued employment for firefighters should be not be practical. The POST Board should
created except at the level of the entity actually continue to provide variances for political
employing firefighting personnel, subdivisions having particular difficulties in
complying with licensing standards to permit
2. If any state or federal attempts are made to phased compliance.
upgrade the quality, skills and ability of fire-
fighting personnel in Minnesota, they should be 5. The composition of the POST Board should not
effectuated by increased financial assistance to be altered further so as to dilute city representa-
provide improved programs, or by direct em- tion on the Board.
ployment of specialized personnel at the state or
federal level with such personnel made available 6. The opportunity to undertake academic work at
to assist local units of government, post-secondary schools is a valuable pre-service
training experience for potential police officers.
PHS-3. Issues in Law Enforcement Personnel (A) The League encourages the continued develop-
ment of a program of pre-employment training
The uniform state licensing requirement does and qualification of peace officer candidates in a
mandates minimum standards for recruitment, variety of locations throughout the state. The
training, and conduct for full-time law enforce- existence of a program for law enforcement
ment personnel. It also provides flexibility by personnel qualification at post-secondary in-
- 1 -
stitutions, however, should not be allowed to high-risk areas or in certain high-risk buildings.
foreclose the possibility of recruitment for the Evidence indicates that if certain protective fea-
position of licensed peace officers from within tures were incorporated, the lives and property
the ranks of reservists and part-time officers, and of occupants would be better protected and local
qualification on the basis of a local training public safety services would be better able to cope
and experience together with a short and reason- with emergencies at the present level of service,
ably available skills training program, as ap- without adding to the general property tax burden.
proved by the POST Board. The League recommends that the uniform state
building code be amended to permit any city to
PHS-4. Adverse Possession (A) enact an optional fire suppression system as
specified in the code.
The legislature should make it clear that no
adverse possession can be had against the state and PHS-6. Updating of Building and Fire Codes (B)
its political subdivisions.
In order to have the most recent standards
PHS-5. Fire Codes (A) available in Minnesota, the Legislature should
require the review and adoption as soon as possible
One of the more rapidly evolving legal arenas by the appropriate state departments of the
recently has been the extent to which the public, periodic revisions to the nationally recognized
via state or local governments, is responsible for Uniform Building Code and Uniform Fire Code.
the safety of buildings through inspections and
code enforcement. There seems to be general PHS-7. Building and Energy Code (B)
agreement that state government should be respon-
sible for enforcement of the uniform fire code, A uniform, statewide building and energy code
which applies to existing buildings, and large should be adopted by the legislature only if the
facilities which are open to the public, whether following optional enforcement methods are
they are located in cities, counties or townships. included:
The League supports legislation which would 1. Local option (city, county, or town) inspection
clarify the responsibility of the state to inspect and enforcement, except that the code should
such facilities open to the public as schools, remain mandatory in the Twin Cities Metro-
hotels, lodginghouses, hospitals, nursing homes, politan Area.
dry cleaners and motion picture theaters provided
that the state is clearly responsible for enforcement 2. State fee inspectors who may be used for
and inspection, whether or not it contracts with inspection in areas outside of communities with
local units of government to perform the actual local enforcement.
inspection. The legislature should permit cities to
enact the more stringent fire safety code for these 3. All architects and engineers who design any
facilities provided in the building code as well as structure must certify that the structure corn-
for other buildings, but the enforcement of these plies with the state building and energy codes.
more stringent standards should be the com-
munity's responsibility. 4. Any city should be allowed to adopt more
restrictive building standards than the state
When a city does not enact more stringent fire building code in order to protect public health
safety codes, the state should be responsible for and safety.
inspection and enforcement of the fire code, on a
case-by-case basis, when requested by any political The League recommends that a legislative
subdivision (including a school district) or a commission on building and energy standards be
hospital, unless the city clearly agrees to accept established to review the state building and energy
the responsibility for the enforcement of the fire codes with the objective of reviewing the rewriting
code by adopting it. of these standards to assure compliance with
federal energy requirements and to remove those
It is equally important to focus on preventing parts of the standards not directly related to
emergencies or potential emergency situations energy conservation and the public's health,
through incorporating improved protection fea- welfare, and safety.
tures into new building construction, especially in
- 2 -
should be as presently defined under PELRA for the level of service is a very important factor in
non-essential employee supervisors. The definition providing routine municipal services.
of supervisory employees should not be further
limited. To do so would essentially provide that in Because cities are able to offer year-round
all but city manager cities, no employees could be employment, the hourly wage rates paid are
considered to be supervisory employees for pur- substantially lower than those paid by contractors.
poses of the Public Employment Labor Relations
Act. Contractors always have the ability to bid on
other projects. City crews don't have this advan-
5. Right to Strike. The existing classification tage. If city crews, operating on a year-round
of essential employees should be eliminated and all basis, can now perform 9 out of 10 services more
employees organized under PELRA given the right economically, but are required to place the 10th
to strike. Within the limited right to strike, the service under contract, that might well result in
public employer would have the option of either unbalancing the work load so that the city crews
requesting arbitration within a specific time or can no longer do the first 9 services as efficiently as
allowing employees to legally strike, before. Consequently, the total costs of all 10
services would be higher.
6.Arbitration. Issue by issue final best offer
interest arbitration should be the method for During times of a slow economy, contractors
resolving ull disputes which go to interest arbitra- will be interested in providing service with a small
tion. profit margin so they can keep their crews and
equipment busy. Some may even bid below cost in
PPLR-2. Day Labor Restrictions (A) order to cover some of their on-going overhead
costs. The opposite, of course, may occur during
Any requirement that cities must solicit sealed periods of rapid economic growth. Contractors
bids for improvement projects now done by city may no longer be interested in taking on contracts
employees will seriously affect the ability of that require major capital investment unless they
cities to perform these projects in a cost effective can see long-term payoffs. Unfortunately, in the
manner for their taxpayers. meantime, the city may have been forced under
the proposed requirement to solicit bids, to dis-
Due to good administration, cities have limited band its crews.
the size of their public works staff to a number of
persons which is balanced to handle the year-round There are areas within the State where it would
work load in an efficient and cost effective way. not be possible to get truly competitive bids for
many of the municipal services. The cost of
Cities' public works organizations have evolved, preparing specifications for bids on these types of
over a period of time, into multi-disciplined crews improvement projects would certainly reduce any
performing many different services. During potential cost savings by using private enterprise
summer months a given crew may be responsible in smaller projects which are normally done
for street patching, seal coating, street sweeping, without detailed engineering planning. Thus, while
painting traffic stripes, installing traffic signs, cities should be encouraged to contract for the
numerous park maintenance functions, and many doing of improvements with the private sector,
other projects. During winter months that same further restrictions on the use of day labor by
crew will be responsible for snowplowing, sanding cities for the doing of public improvements should
and salting, tree trimming, sign repairs and replace- not be enacted.
ment among numerous other jobs. Street depart-
ment crews are used to assist utility department PPLR-3. Workers' Compensation (A)
crews and visa-versa.
Statutory Requirements for workers° com-
With a permanent, well-managed staff it is pensation coverage by city licensees.
easier to tailor the service levels to the communi-
ty's needs and to assure responsiveness to citizen's 1. Since many businesses operate without licenses
requests for service than it would be on a contract from cities and since cities vary as to the types of
basis. Also, a permanent city staff is much more businesses required to obtain city licenses, any
likely to provide a consistent level of service than a attempt to assure provision of workers' compensa-
series of contractors will provide. Consistency in tion coverage through the local licensing process
-5 -
could only partially reach problem businesses. 2. Since the equal, matching employee and em-
Moreover, enforcement at the local level is onerous plover contributions to the Coordinated Plan
and may be expensive and cannot provide an within PERA are sufficient to finance the present
effective, efficient, or convenient means of assuring benefits and liquidate the existing deficit in less
workers of the protections of workers' compensa- than 30 years. The employer's additional con-
tion. The law which mandates that cities withhold tributions should be abolished. All of the em-
business licenses, except where proper workers' ployer's additional contributions should be specifi-
compensation coverage is provided, should be cally and exclusively earmarked for the reduction
repealed. It is also impractical to mandate city of the actuarial deficit in the PERA Basic Plan and
supervision of workers' compensation coverage for not for benefit improvement.
every city supplier, since many small purchases
may be involved. Therefore, contracts for pur- 3. If any increase in benefits is enacted for PERA
chases of supplies should also be excluded by retirees, the resulting cost should not be paid from
amendment, the PERA Fund, but rather should he financed by
a direct appropriation from the State General
2. Existing workers' compensation statutes create Fund.
a presumption that heart and lung ailments of
police and fire personnel arise from employment. 4. The actuarial assumptions concerning the rate
Improved equipment and methods of fire fighting of investment earnings and of salary increases
and law enforcement and increased statistical data should be a conservative reflection of actual
as to personal risk factors affirm that presumption experience. The present assumptions concerning
no longer reflects reality or serves a public purpose. the rate of investment earnings and salary increases
Thus, the presumption should be eliminated. are outdated. We urge the legislature to examine
these assumptions and to determine a means of
PPLR-4. PERA Benefits, Financing and more accurately reflecting the actual experience
Administration (A) during recent years.
The adoption in 1973 of the "high five year" 5. The League supports the continuation of the
benefit formula for PERA has provided very Minnesota Post Retirement Investment Fund as a
adequate pension benefits for career municipal means of providing post-retirement increases in the
employees. There are a number of related policy pension benefits of retirees under the state-wide
issues, however, which have not been dealt with in pension funds. The League supports state funding
the law. Therefore, the League strongly urges the of fund deficits from general funds or amortization
legislature to adopt the following policies in the of the deficits by crediting a reasonable portion of
form of amendments to the PERA law: excess earnings over statutory assumptions to retire
deficits and payment of the remainder of excess
1. Any increases in PERA benefits should be earnings to retirees as a cost of living adjustment
granted only to the extent that proposed contribu- without establishment of any guaranteed adjust-
tions and current reserves are sufficient to fully ment. In the event the legislature determines that
fund the increases in the opinion of one or more some mechanism other than the Post Retirement
recognized pension actuaries who are independent Investment Fund is more appropriate for providing
of the PERA Organization. Any increases in PERA retiree inflation protection, or that the Post
general fund benefits enacted subsequent to Retirement Investment Fund should provide a
1973, including any resulting deficits, should be guaranteed inflation adjustment, the League urges
financed by matching contributions, shared equally that: (1) no increases be made during the first •
by employees and public employers, over a period three years after retirement or until the Consumer
not to exceed 30 years. Any increases in benefits Price Index increases at least ten percent; (b) a
under the PERA Police and Fire Fund, including specific limit be placed on the increase granted in j
any resulting deficits, should be financed 50 any one year; and (c) the cost of such increases,
percent by employers and 50 percent by em- including any resulting deficits, be financed from
ployees, over the same amortization period. Any the state general fund.
benefit increase or contribution reductions per- F
mitted by excess reserves or excessive current 6. Since integration of pension fund administration
contributions or combinations of the two should mechanisms may lead to combining the funds, the
be of such amounts as to benefit the employer and League opposes any move to combine administra-
employee equally as a percentage of overall em- tion of the three state-wide pension programs.
ployee salary.
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7. The League supports in concept a change in the charter options in cities with civil service corn-
means of providing pensions for new Minnesota missions. Experience indicates that the present
public employees from the present defined benefit methods of modifying these systems have not
type plans to a single defined contribution plan. proved workable.
However, the League will oppose any such legisla-
tion which does not contain both: The League supports enactment of an optional
comprehensive municipal civil service act for both
a clear commitment by the state to fund any home rule charter and statutory cities, other than
deficit created in presently existing defined benefit cities of the first class, that provides for either
plans resulting from the termination of the entry a personnel board or an advisory and appeals
of new members; and a commission.
municipal contribution rate that is as low or If a city already has a personnel board, this
lower than employer contribution rates to existing board would continue until superseded by an
plans. advisory and appeals commission, rule of the
council, or terminated by majority vote of the
8. The PE RA police and fire fund is now essential- electorate. The council would be able to exclude
ly fully funded. Furthermore, the employer individuals, class position, or entire departments
(taxpayers) through payment of more than 50 from the civil service classification. Adoption of
percent of contributions to this fund is creating a the service would be by enacting ordinance, subject
surplus nut needed for pension purposes. There- to amendment by majority vote of the council.
fore, the legislature should amend the present
provision on disbursement of the two percent tax The League recommends that the authority to
on automobile casualty insurance to allow expen- grade and classify positions or keep personnel
ditures by the recipient political subdivision of any records be removed from the authority of the civil
excess over the employer's share, of police retire- service board of commission; that appointment or
ment costs for any police department purpose promotion in the classified service be by a fair,
instead of requiring payment to the PERA Police impartial process designed to test qualifications
and Fire Fund. When the PERA Police and Fire and fitness for duties of a position; that dismissal
Fund achieves full funding, employers' and em- or suspension be for just cause and be subject to
ployees' contributions should be reduced to an appropriate due process considerations.
amount sufficient to pay normal costs on an equal
share basis. When a city enters into an agreement under the
public employment labor relations act with a group
PPLR-5. Relief Association Member Lobbying (A) of employees, the civil service law should no longer
apply to the employees covered by the agreement.
Recent legislation grants local relief associations
unlimited powers to send police and fire officers PPLR-7. Government Training Service
who are members of local relief associations, to Funding (B)
lobby and otherwise represent the interest of the
Association at city expense and at times deter- The Government Training Service (GTS) has
mined by the association. These powers interfere been invaluable in maximizing training opportuni-
with traditional functions of governing bodies and ties while minimizing training costs for local
department heads and managers to schedule government officials and staff over the past six
duty, determine manning levels, and set budgets. years. Both the need and the demand for services
The League supports legislation which would are greater than ever during these times of tight
permit relief association paid lobbying to one budgets. GTS continues to respond on behalf of
regularly assigned member to be released for the all local jurisdictions in Minnesota by developing
purpose of lobbying. The lobbying costs would be innovative low-cost alternatives and exploring
financed entirely from the general fund of each cost-effective delivery systems. The legislature
association. should continue its state financial support for GTS.
PPLR-6. Formal Civil Service Systems (A) PPLR-8. State Board of Investment
Performance (B)
Constraints imposed by the police and fire
civil service laws tend to hinder the effectiveness In order to test the concept of the advantage
of personnel management and limit home rule of smaller funds and to give an additional yardstick
- 7 -
of the investment performance of the State Board not require that the veteran receive compensation
of Investment, an increasing portion of the present for any period when services were not actually
and future SBI revenues should be placed with performed. Further, the law should make it clear
outside investment management firms. Such that the petition procedure is an alternative to
outside investments should not be limited to local administrative hearings.
specialized portfolios such as real estate, but
should permit a full range of investment by each PPLR-11. Volunteer Firefighters Double
fund manager, to permit a valid comparison of Dipping (B)
investment performance.
Firefighters who serve in a supervisory fire-
PPLR-9. Unemployment Compensation (B) fighter position and receive a salary in excess
of $20,000 per year for which they are expected to
In 1976, unemployment compensation laws respond beyond normal duty shifts are not volun-
were substantially improved by the elimination of teers. Neither are full time firefighters who on
eligibility for those individuals who voluntarily off-duty emergency fire calls for the same em-
quit or are dismissed for cause. However, requali- ployer receive time and one-half their regular
fication is provided once the claimant has earned wages and coverage in the PERA Police and Fire
four times the weekly benefit for which he would Fund for such emergency calls. Such non-volun-
otherwise be eligible. This requalification is too teer firefighters who have a pension provided in the
low and should be substantially increased. PERA police and fire fund should not also be
eligible for participation in local volunteer relief
In addition, the League believes that individuals associations.
who knowingly accept temporary employment of
specific limited durations not exceeding one year Such non-volunteers who have no pension vested
and whose employment is thus ended, should be in, but are currently members of a local volunteer
deemed to have voluntarily ended their employ- fire relief association should be entitled to a
ment and thus should be disqualified for certain proportionate distribution of local relief associa-
benefits. The employers involved should not tion assets to permit a role over into an indepen-
be saddled with unemployment compensation dent retirement account.
costs for individuals who accept and perhaps even
plan for the termination of such employment. The PPLR-12. Disability Retirement (B)
League recommends that the law be appropriately
amended. Also, students, temporarily employed as Rising costs of disability retirements pose a
interns, should not be eligible for unemployment threat to the financial soundness of most Minne-
compensation. Finally, the statutes should be sota public pension plans. The following changes
amended to relieve part-time employers who are needed to minimize the financial impact of
continue employment of an individual from any legitimate disabilities. Furthermore, abuses of
responsibility to contribute to unemployment disability retirement provisions in public pension
compensation due to termination from other plans have in the past caused serious waste of
employment. human resources and of scarce public funds. In
view of the current laws forbidding discrimination
PPLR-10. Veterans Preference (B) against handicapped persons who are not disabled
from gainful employment, the League recom-
In 1975, the legislature adopted a uniform mends:
veterans' preference law for state and local govern-
ment which modified preference in employment 1. Public retirement funds should not be charged
and promotion; in 1977, the legislature terminated the costs resulting from disabling conditions that a
veterans' preference for persons who enter military pre-employment history or physical demonstrates
service after 1976. The League supports these existed on or prior to the date of public employ-
modifications and believes that these provisions ment.
should not be amended further. Veterans should
continue to be protected against unjust dismissals, 2. Needs to balance employment roles for minori-
but when a veteran's employment is terminated, ties and women in unfilled positions should not
and he or she does not request a hearing within ten override programs to transfer present employees
days or when an impartial hearing body determines from jobs and departments for which they are
that the dismissal was for just cause, the law should presently disabled to jobs and departments for
which they still qualify.
- 8 -
3. Statutes governing local public safety pension PPLR-15. State Taxation of PERA
plans should be amended to provide to the cities Contributions (C)
with such plans, a substantial voice on the govern-
ing board of the plans. Further, a uniform statu- For several years, litigation has been pending
tory procedure and method of determining percen- in federal courts to consider whether employee
tagies of disability should be established to deter- contributions to PERA and similar public pension
mine the percentage of presently provided disa- systems should be subject to federal income tax
bility payments which should be provided to contribution during the year in which they are
local public safety fund members with physical or contributed to the system, as opposed to the year
mental conditions which permanently disquality in which the employee actually receives the bene-
them from public safety employment but which fit. To our knowledge, no similar litigation is
does not disable them from all other gainful pending regarding the applicability of the state
employment. income tax.
4. Public pension plans in which city employees It may be argued that the individual employee
participate should be required to use a uniform does not have the use of the contributions which
definition of disability which limits full or 100% he makes to PERA in the year in which they are
retirement to those whose medical conditions contributed and therefore, the contributions
disable them from engaging in any substantial should not be subject to either state or federal
gainful activity over a substantial period. Un- income taxation, but should be excluded from the
reasonable :,ervice limits tests should not be im- employee's gross income. Rather, it may be argued
posed and no employee should be required to have that the contributions should not be taxed until
more than five years of service under the applicable the benefits are actually received. This position
plan in order to qualify for disability retirement. would be consistent with the way in which the
Workers' compensation entitlements should be municipal contributions to the employees' pen-
deducted from any disability pensions. Disability sions are taxed.
benefits from all sources other than privately
financed disability insurance, as well as a portion Therefore, the League recommends that the
of employment earnings, should be an off-set PERA and state income tax laws be amended as
against city disability pension payments to the follows:
extent that these combined payments approach
after-tax salary for the former position. Employee deductions to PERA and similar
employee pension systems should be deducted
PPLR-13. Employee Bonuses (C) from the employee's gross income and other
deferred compensation plans presently permitted
To promote productivity and to obviate legal by law and not subjected to state income taxation
questions about award dinners and other recogni- during the year contributed to PERA.
tion activities, the statutes should specifically
authorize cities to pay employee bonuses or awards PPLR-16. Temporary Military Service (C)
of up to $500 per employee in any year.
When an employee is temporarily absent because
PPLR-14. Volunteer Ambulance Retirement of short-term military service, the League proposes
Systems (C) that the public employer pay only the difference,
when the military pay is less than public pay.
Proposals to integrate ambulance and rescue Furthermore, pension and other rights should be
volunteers not part of local volunteer fire depart- protected. This pay differential shall apply for a
ments into the program for retirement for volun- period of fifteen calendar days.
teer firefighters have met rejection from organiza-
tions of volunteer firefighters. Creation of another When an employee is ordered to report for duty
system of local relief is not in the best interest of for a period longer than 15 calendar days per year,
the state, its political subdivisions, or its taxpayers, no additional seniority status, efficiency rating,
especially in view of recent federal tax legislation vacation, sick leave or other benefits shall accrue
which now provides an efficient, simple and during the period of active duty. Unless there
Inexpensive means of providing retirement benefits exists at the time of an order to report for duty, a
to ambulance and other volunteers. Therefore, the war or declared emergency, the employee shall not
League opposes any legislation authorizing creation be entitled to a leave of absence without pay and
of volunteer ambulance relief associations. the employee's public employment shall be con-
sidered terminated.
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GOVERNMENT STRUCTURE workable a program authorized by law. As an
alternative to this very specific method of classify-
GS-1. Mandates (A) ing individual elements of data, the League recom-
mends that the legislature adopt the approach
One of the most serious problems facing cities taken by the Uniform Practices Act, as developed
is the growth in the number and cost of federal and by the National Conference of Commissioners on
state-mandated programs, which substitute the Uniform State Laws, and as modified to meet the
judgments of Congress and the State Legislature needs of cities in Minnesota. This approach will
for local budget priorities. result in less administrative burden on cities than
the existing law as well as provide more flexibility
Special bills to address this problem on an ad in the release of information.
hoc basis will not provide a permanent or state-
wide solution to these problems. The League GS-4. Personal Bonds (A)
therefore supports legislation that would require
the state to adopt a policy of "deliberate restraint" Existing law specifically authorizes charter
on its mandated programs, including a mandatory cities to use a blanket bond to cover any employee
fiscal note identifying local government costs on or officer who is required to be bonded. Since
any new mandated programs when they are intro- there seems to be no obvious reason for treating
duced in the Legislature and a statement of corn- statutory and charter cities differently in this
pelling state-wide interest to accompany all state respect, the League recommends that the statutory
mandates. Also, the legislature should repeal city code be amended to clarify that statutory
obsolete, unnecessary, and unduly restrictive cities as well as charter cities may use a blanket
mandatory laws and rules, bond to cover any officers or employees who are
required to be bonded.
GS-2. Open Meetings (A)
GS-5. Adjusting Dollar Limits (A)
City officials strongly support the basic premise
of the open meeting law - to assure the public's Inflation has had an effect upon cities beyond
right to be informed about the conduct of public a mere exertion of upward thrust on budgets and
business. Experience with this law since 1974, expenditures. The legislature has quite consistent-
however, indicates clearly that there are areas ly included within authorizing and enabling legisla-
where the legislation should make it more specific tion, limitations expressed in dollars. These dollar
or should amend the law in the public interest. limitations become progressively more constricting
with advancing inflation. Therefore, the League
First the law should specifically state that it recommends that certain of the more important
applies only to meetings where a quorum of the and often used authorizing statutes containing
body as its established committees is present, dollar limitations be modified by application of a
clarifying the present restrictive interpretation. constant dollar index figure calculated from the
year of enactment, to the limitation set out in the
The League also believes that there are certain act. The modification should be made so that
specific instances where the public interest would when statutes relating to other statutes are modi-
be better served by permitting a local governing fied, the dollar limitations are adjusted in a uni-
body to meet in executive or closed session. These form manner.
instances include certain discussion relating to
employees, and discussions regarding the purchase GS-6. State Licensing of Contractors (B)
of land for a public purpose, and discussions of
information protected under the Data Practices Many cities now license those contractors who
Act, do business within their communities. This pro-
tects those citizens who use their services because
GS-3. Uniform Information Practices (A) if there are complaints, they may be directed to a
local license bureau rather than to some state
Under existing state law, it is necessary that agency. If a state system for licensing contractors
the legislature continue to classify that city data, is established, this would eliminate any local
the release of which would adversely affect the control over contractors and may reduce the
public interest, the health,.welfare, or reputation number of small contractors who operate in only a
of the data subject, or which would render un- few communities. State-wide, uniform wages for
- 10-
employees may also be imposed if a state licensing city financial reports are complete, understandable,
system is established. If cities are required to and meet the state auditor's requirements. Under
enforce state licensing requirements, costs and the existing law the financial reports of cities
liability may be created over which the city has over 2500 must meet strict standards, incorporate
litti:; control. generally accepted accounting procedures and be
audited annually. The financial reports of cities
For these reasons, the League opposes any under 2500 now meet more flexible state auditor's
system of state licensing of contractors. standards but need not be audited excepL under
circumstances provided in state law. Because
GS-7. Tort Liability (B) Minnesota has one of the most modern and riger-
ous systems of oversight of municipal finances, the
The Municipal Tort Liability Act was enacted to existing powers of the state auditor are adequate to
protect the public treasury while giving the citizen maintain the high degree of efficiency, propriety,
relief from the arbitrary, confusing, and adminis- performance and accountability presently required
tratively expensive prior doctrine of sovereign of cities. It is not necessary to give any new
immunity with its inconsistent and irrational powers concerning the auditing and financial
distinctions between governmental and proprietary reports of cities to the state auditor; however, the
activities. The Act has served that purpose will in legislature may wish to clarify these powers as they
the past. However, increasingly, the courts forget relate to cities and other units of local government.
or ignore the positive benefits secured to citizens
damaged by public servants as a result of enact- The League would endorse only the following
ment of the comprehensive Act which includes clarifications of the power of the state auditor at
some limitations on liability and some qualifica- this time, however its Board of Directors may
tions of normal tort claims procedure. make recommendations on other issues as they
arise.
Recent court decisions increasingly eroded the
concept of a special act qualifying the tort liability 1. The state auditor should not be given the power
of local government. However, the special vulner- to audit each of the over four thousand units
ability of far-flung government operations to of local government at least once every four
debilitating tort suits continues to require exist- years. However, the auditor should continue to
ence of a tort claims act applicable to local govern- exercise the already existing power to audit a
ments or local governments and the state, city upon receipt of a petition. The auditor's
authority to require the resubmission of a
The League recommends that the Municipal financial report when his financial reporting
Tort Liability Act be continued and that in the standards are not met, should be clarified if
event that the legislature determines to make necessary.
further changes in the existing law, those changes
should only be in the direction of making the local 2. The present requirement of an audit of all
government tort liability statute more similar to cities with a population over 2500 should not
the state governmental tort liability law. be applied to smaller cities. Likewise, the
State Auditor should not be given the authority
GS-8. Cable Television (B) to require cities under 2500 to follow more
rigerous accounting requirements than presently
Many Minnesota cities receive cable TV service, exist.
and under present state and federal law cities are
responsible for setting rates, establishing a fran- 3. Review of a portion of the financial reports
chise and imposing franchise fees. The League submitted by cities should be done annually by
believes this law has allowed local communities to members of the accounting profession who
provide input into an important community service volunteer their time for this peer review. The
and that it should not be modified to diminish State Auditor's staff should not be enlarged to
local control, perform this function unless a peer review
system is tried first and found to be unsuccess-
GS-9. State Audits and City Financial fu I.
Reporting Requirements (B)
4. The State Auditor has the power to establish
There is a need to make sure that all annual uniform standards for the selection by cities
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of audit organizations and these standards additions to present city election duties should
should be developed, along with a uniform city be paid by the state.
contract for city audits. A completed contract
could be required before an annual audited GS-12. Election Day Registration (B)
financial report could he accepted.
The principal purpose of the Minnesota system
5. Any new state auditor's standards for financial of election day registration is to improve and
reporting and auditing should not include increase eligible voter access to voting. Unfor-
standards for financial management, Instead, tunately, the system has become more unworkable
the State Auditor and the Government Training especially in the larger and faster growing cities,
Service should develop a series of financial where individuals are not using the pre-election day
management training sessions for cities of all registration and where there are a growing number
sizes, of multiple registrations adding to the costs of
elections and to the frustrations of the voters.
GS-10. Publication of Small Cities' For these reasons, the League encourages registra-
Financial Statements (B) tion to take place before election day. The follow-
ing steps, however, would improve the current
Large cities are permitted to publish summaries system.
of their annual financial reports. Small cities,
under 2500 population, should also be permitted 1. Election day registration and voting should he
to do his. permitted, but not mandated, to take place in
adjacent rooms.
GS-11. Uniform Local Government
Election Day (B) 2. Certain penalties for election day infractions
are so severe that they constitute a barrier to
Minnesota has encouraged decision-making at effective enforcement of the law. The League
the local level of government by providing flexi- recommends that the laws be reviewed and
bility in approaches to the diverse needs of cities. modified where necessary so that the laws can
Under the Constitution, any city may adopt a be effectively enforced.
home rule charter which, except for matters of
overriding state interest, removes that city from 3. State law should be uniformly enforced through-
legislative control. The statutory city code pro- out the state.
vides optional forms of government for all other
cities to take into account individual differences. 4. Any future state-mandated election or registra-
The dates of city elections are set at any time by a tion programs should he accompanied by
home rule charge city or in November in odd or sufficient state funds to pay local costs on a
even years for statutory cities. The League strong- continuing basis.
ly believes that decisions affecting only local units
of government should be made at the local level 5. A person other than an election official vouch-
unless an overriding state interest can be demon- ing for others should be limited to five other
strated. For this reason, the League remains persons other than immediate family.
opposed in principle to any uniform local govern-
ment election day that precludes the present 6. A person's month, day, and year of birth should
options. be required on a registration card to assist in
the identification process, especially with the
If the legislature determines that a uniform advent of electronic voter registration systems.
local government election day is justifiable, the
following features should be considered. 7. The Secretary of State should be encouraged to
promte pre-election day registration
1. Home rule charter cities should retain the the media and all other available meansthrough
option of setting their own election date.
GS-13. Campaign Financing and Disclosure (B)
2. A municipal primary election should be optional
as it is presently. Campaigns and elections to local office are the
most contact
voters and
t
3. All direct costs of state-mandated changes and representativenloclalgle governmentt. Onn the whole,
- 12 -
the general public has more confidence in the GS-15. Voting Equipment (C)
election process at the city level because the
candidates a.e usually well known (especially in The League supports present law which allows a
smaller cities) and campaign activities are more city the option of selecting which state-approved
vis 'bie than at other levels of government. More- equipment it determines will best suit its needs,
over, city candidates running for offices which are, based on local factors, and opposes any state-
for the most part, low paid, part-time, and non- mandated system of voting equipment. The
partisan, are generally motivated by a sense of civic League also supports amending state law Li) allow
responsibility. use of punched cards for absentee ballots.
The League perceives no need for new laws in GS-16. Precinct Boundary Changes (C)
the area of local campaigns, although it could
support legislation which would simplify the Experience with the need for reapportioning
election process or would encourage rather than city wards and county commissioner districts after
discourage qualified candidates for local office. the 1980 census has shown that there are some
barriers in the present law to achieving a desirable
The League supports the following: coordinated result. The problem arises because:
1. Extending income tax credits for contributions 1. Current law requires counties to redistrict the
to city election campaigns; commissioner districts within 180 days after
receiving final census figures from the Secretary
2. Giving cities over 20,000 the authority to of State.
enact campaign disclosure ordinances for organi-
zations and individuals. Requiring reports in 2. Cities, with some exceptions, are not permitted
cities over 20,000 of each contribution as by law to change precinct boundaries during a
required in state statutes in other election five-year period ending January 1, in a year
contests. ending in two.
3. Eliminating any distinction between types of 3. In redistricting, counties must follow city
campaign committees in cities over 20,000. ward and precinct lines, but these are the old
boundaries which, in many cases, will need to
The League opposes the following: be changed before the 1992 elections.
1. A state-mandated requirement of candidates for On the basis of these factors, the League re-
city office to file statements of economic commends that the law relating to county re-
interest because it is most likely to discourage districting be changed to require reapportionment
many qualified candidates from seeking or within 60 days of the completion of legislative
continuing in office. redistricting and 120 days before the September
state primary election date in even-numbered
2. Campaign contribution limits or reporting years.
requirements in cities with less than 20,000
population. These are made unnecessary be- GS-17. Collateral for Depositories (C)
cause of conflict of interest rules governing the
actions of elected officials in all cities. Depositories now are required to collateralize
the deposits of local government in the amount of
GS-14. Validating Absentee Ballots (B) 110%. Local depositories now serve as a valuable
market for bond issues of local school districts,
Current law requires at least two election counties, and cities. If the amount of collateral
judges to initial each absentee ballot before it is required is reduced, this market will also be re-
deposited in the ballot box. In the interest of duced, making it more difficult to sell municipal
speeding up the counting on election day, while bonds. Also, if the collateral is purchased by a
still providing that only valid absentee ballots are state agency on behalf of all depositories, the
cast, the League supports having the county existing cooperative arrangement between local
auditor or municipal clerk affix the official seal to depositories and local governments will be de-
ballots at the time of their delivery to the voters. stroyed and local governments may deposit their
- 13 -
funds in larger depositories located outside of the reasons include choosing a local contractor
community. Therefore, the League recommends over an out-of-the-area contractor and dif-
that the legislature keeps the collateral require- ferences in the bid due to the imposition on
ments for depositories at their present levels local contractors of local sales taxes or fees.
and opposes any reduction, and also opposes the
purchase of collateral by any agency other than a 5. The purchasing authority of city managers in
depository. Plan B cities should be increased from $1,000
to correspond to the figures in the Uniform
GS-18. Purchasing and Contracting Issues (C) Municipal Purchasing Act.
1. The League does not believe that an extensive GS-19. Home Rule (C)
and comprehensive revision of the laws regulat-
ing cities' purchasing and contracting, such as Minnesota's constitutional home rule policy,
would result from adoption of the American Bar while permitting home rule charter in some cir-
Association's Model Procurement Code, is cumstances to depart from the provisions of
needed at this time. Amendments to existing statutes that would otherwise be applicable, has
law should be made only to address specific, made charters subject to the provisions of state
demonstrated problems with the bidding and laws when they express a policy intended to
purchasing process. Any amendments should override local charters. In implementing that
recognize the differences which exist among policy, the legislature has often by a general law
jurisdictions of different types and sizes, and authorized one or more classes of home rule
should avoid requiring unnecessarily complex charter cities to meet new problems for which
procedures for purchasing and contracting. existing charters listing city power in specific detail
provided inadequate authority. It has also, by
2. Some cities have found it difficult or impossible general law and increasingly by special law, re-
to get bids for materials which are in short moved charter restrictions or imposed restrictions
supply, notably fuels. Since this problem is where the local charter had none. Following the
likely to worsen in the future, a mechanism adoption of the 1958 local government amend-
should be created for making these purchases ment to the Minnesota Constitution, the legislature
when competitive bidding has failed. has, on League recommendation, made it easier for
cities to adopt and amend charters and thus better
3. Problems arise in attempting to purchase certain able to meet local legislative needs at home.
types of items through competitive bidding.
Two examples are 1) "high technology" items In an effort to provide for more consistent
such as electronic data processing equipment, policy on the relationship between state law and
where it is difficult or impossible to draw precise local charters, the League recommends to its own
specifications which allow true competition;and member cities as well as the legislature the follow-
2) employee health insurance, where it is im- ing guidelines on meeting legislative needs of
possible to precisely compare the respective cost home rule charter cities:
of insured and self-insured plans. A more
flexible "competitive proposal" mechanism 1. Every general law applying to cities should
should be strictly limited as to the types of state specifically whether or not it applies to
purchases to which it would apply, and should home rule as well as to statutory cities.
preserve the elements of open, impartial com-
petition which is the intent of competitive 2. When a uniform state policy is not required, a
bidding. law applying to home rule charter cities,
whether applicable with or without local action,
4. The requirement of accepting the lowest res- should authorize an affected city to supersede
ponsible bid should be modified to permit the law or any provision in it by charter action
acceptance of either of the two lowest res- on the same subject.
ponsible bids or of any bid within 5% of the
lowest responsible bid over $100,000 and 10% GS-20. improved City Code (C)
of the lowest responsible bid under $100,000;
provided that if a government body accepts Municipal laws have been enacted in a piece-
other than the lowest responsible bid, it shall meal fashion over the years, often to meet a
state its reasons for doing so. Acceptable special need to a particular class of cities with
- 14 -
little regard to the desirability of applying the option of increasing their levies to compensate for
law to other cities or meeting broader needs as cuts in state aid payments. These changes have
well. As a result of this gradual accretion of added unnecessary complications to city budgeting
miscellaneous statutes, the enactment of a city processes and have caused serious budget problems
code and the repeal of many obsolete laws pro- in many cities.
vided a more rational and uniform set of laws for
Minnesota cities. Furthermore, the levy limit law ultimately
works against the interests of local taxpayers
To continue this ongoing project of developing because it creates an incentive for cities to levy
a more rational statutory code for cities and to the maximum allowed and to use as many special
provide more uniform statutory patterns for levies as possible. For example, the arbitrary
related municipal laws, the League staff, in co- decision in 1981 to create a new levy limit base
operation with the legislative research agencies and effectively penalized those cities that were success-
other interested groups, will prepare legislation ful in holding down their property tax levies
revising and making into a consistent whole with as in 1981. Because of several similar instances in
broad applicability as possible and without con- the recent past it has become clear to local officials
troversial changes, the various statutes relating to that cities which choose to levy less than the
certain subject areas most in need of such revision, maximum allowed in a given year risk being later
including the laws on city depositories, city sup- tied to unrealistic or artificial new limits for
port for music and bands, municipal advertising future budget years.
expenditures, local boards of health, and use of
liquor store funds and municipal utility establish- The League of Minnesota Cities has consistently
ment and operations. When any revisions have opposed levy limit laws because they apply uni-
been approved by the League Board of Directors, form state-wide restrictions to cities and are too
they become part of the League legislative pro- inflexible. Given a high rate of inflation, un-
gram. certainties in state and federal financial aids
and the diverse problems and circumstances faced
A study of existing laws indicates that almost by cities throughout the state, uniform limits are
without exception laws confined to cities of the impractical. Such laws are inconsistent with
second, third, or fourth class might more ap- principles of local self-government and account-
propriately have been broadened when adopted so ability. The current 8% levy limit law does not
as to apply to all three classes. The League, recognize changing local conditions with respect
therefore, recommends to the legislature that the to expenditure needs or revenue sources. For
practice of confining legislation to any such class example, no allowance is made for cutbacks in
be discontinued and that, except where very payments such as local government aid, homestead
special circumstances require use of some more credit reimbursements or federal revenue sharing.
limiting criterion, future laws intended for cities The League remains strongly opposed in principle
other than first class cities be drawn to apply to all to levy limits and recommends that the Minnesota
such cities. Legislature repeal the 8% levy limit law.
REVENUE SOURCES SECOND PRIORITY - ALTERNATIVE TO
REPEAL OF LEVY LIMIT LAW - MODIFY
RS-1. Levy Limits (A) CURRENT LAW
FIRST PRIORITY Realistic Levy Base
8% Levy Limit Law Should be Repealed Under the current law the allowable 8% levy
increase is applied only to the actual general levy
Four actions of the 1981 legislature com- of the preceding year. Before 1981, the percentage
pounded the problems caused for cities by levy increase applied to a broader base including the
limits. The specific actions which took effect in general levy plus the local government aid payment
1982 are: 1) expanding the law to apply to all for the previous year. In this way the levy limit
cities in the state; 2) altering the base to which the system recognized the state-local partnership. If
8% annual allowable increase applies; 3) eliminat- aid payments increased, the allowable general levy
ing or restricting some previously allowed special decreased accordingly. If aid payments decreased,
levies; and 4) prohibiting cities from exercising the the city had the option of filling the gap with
- 15 -
local property tax dollars. In addition, the pre- nized that cities grow and that the general annual
1981 law allowed the base to grow even if the levy increase cannot alone provide sufficient
maximum levy was not made. The current law funds to provide services for increased demand due
creates an incentive to levy the maximum amount to growth. Population was first used as a growth
each year whether it is needed or not. factor but due to dwindling household size this did
not recognize increasing numbers of dwelling units,
Various state payments to cities, including street miles, and other property related growth
local government aid and other programs, have needs. Many cities with decreasing populations
been decreasing. Federal revenue sharing funds actually experienced growth in areas demanding
have not been increased since 1976, and many service. The 1981 legislature changed the growth
cities' individual shares have decreased. Revenues factor to homesteads which to some degree solved
from fees and service have in many cases been the decreased household size problem. However,
maximized. Revenues from other sources such as because of economic and housing problems, many
municipal liquor stores often have not been keep- cities are experiencing stable or decreasing home-
ing pace with revenue needs. stead growth while rental housing is increasing
rapidly, thus causing increased service needs not
For most cities an allowable increase of 8% of allowed for in the levy limit law. Therefore, The
the previous year's general levy will not begin to League of Minnesota Cities recommends that the
make up for the lack of growth in non-property levy limit growth factor be changed so that the
tax revenues. This is especially true in cities that base increases in direct proportion to both popula-
have traditionally not relied on property tax tion and household growth.
revenues to a great extent. In these cities, the
general levy base is likely to be disproportionately 3. Commercial/Industrial Growth
small.
The current levy limit law recognizes that
Therefore the League of Minnesota Cities urges increased houses and people require increased
the Legislature to 1) create a new levy base for revenues to provide services. The law also recog-
each city which uses the 1981 levy limit base, as it nizes that new commercial/industrial expansion
would have been under the pre-1981 levy limit law, causes new city costs and therefore, provides a
as a starting figure for new base calculations; 2) special levy for three years equal to the amount of
include at least the general ad valorem levy and revenue raised by applying the general mill levy to
local government aid in the base so that the allow- the increased value. At one time a portion of the
able levy limit will reflect decreases or increases in special levy would be added to the levy limit base
local government aid; 3) provide that the base when the special levy expired to provide funds for
increase annually at the established rate without ongoing service needs. This provision was in-
forcing local units to levy the maximum to receive advertently dropped in 1981. Without this growth
maximum base increases; and 4) recognize the factor, services for new commercial and industrial
overall revenue needs of a city in establishing a property must be provided from existing revenue,
levy limit base. thus reducing service to the remainder of the
community. Without additional revenue to pro-
Increases in the Levy Limit Base vide this service and considering metropolitan fiscal
disparities, a very real disincentive exists for
1. Levy Limit Index allowing any type of new or expanded commercial/
industrial growth.
The present 8% annual levy limit increase is
unrealistic even if the base is expanded to include The League of Minnesota Cities recommends
other factors. A set percentage does not take into that the legislature provide a levy base increase for
account increasing labor or material costs or local new and expanded commercial and industrial
service demands. Wages, which account for 60 to growth so that service may be provided without
70 percent of most city budgets, are controlled by decreasing service to the existing residents of the
factors such as cost of living indices or outside city.
arbitrators that do not consider overall city re-
venue raising capabilities. 4. Federal Revenue Sharing i
2. Population and Household Growth Since 1972 Minnesota cities have become more
dependent on federal revenue sharing. If federal
The levy limitation law has traditionally recog- revenue sharing is either discontinued or reduced,
- 16 -
currently there is no alternative method to raise The League recommends that the Legislature
revenue to replace the loss. enact a special levy to pay for costs incurred by
cities for energy improvements, including capital
The League of Minnesota Cities therefore expenditures. Voluntary energy conservation
recommends that the Legislature enact a provision improvements as well as required expenses should
in the levy limit law to provide a levy limit base be allowed to be funded out of this special levy.
increase to replace any funds lost through reduc-
tion or discontinuance of federal revenue sharing 5. Decreased Non-Tax Revenues
to cities.
The 1981 legislature eliminated the Decreased
Special Levies Non Tax Revenue special levy by adding the 1981
actual levy to the levy base. The primary purpose
Special levies are an important part of any of this special levy was to provide a method on an
levy limit law, because they allow some flexibility annual basis to recapture revenue decreases in
based on special needs and circumstances that may principally municipal liquor store operations using
affect individual cities. Therefore, the League the current year as a comparison to 1971 revenues
supports maintaining all of the special levies that modified by inflation. When the Levy Limit law
are currently allowed and, in addition, recom- was initiated in 1971, it did not consider that a
mends that the following special levies also be major share of some cities' general budget revenue
included in any new levy limit law, was derived from the liquor store revenue. Since
1971 these revenues or profits have remained
1. Elections constant or in many cases actually declined, thus
causing severe problems because levy increases
The Legislature should allow for a special levy were only based on actual 1971 property tax levy.
so that a city may recover local costs of holding The decreased non-tax revenue special levy was
elections. Cities have had a particularly difficult initiated in 1973 and modified in 1980 to remedy
problems keeping up with rising election costs due this problem.
mostly to new state-mandated requirements.
The League of Minnesota Cities recommends
2. Mandated Programs that the legislature re-instate the decreased non-tax
revenue special levy so that the levy limit law
The cost of local government is being influenced allows for decreasing revenues from municipal
more and more by state and federally mandated enterprises such as liquor stores.
programs and increased mandated benefits or
cost for in-place programs. Some of the costs Adjustments to Levy Limit Base
which bear no relationship to any allowed percent-
age levy limit increases are: workers' compensation 1. Reverse Referendum
benefits; binding arbitration; federal social securi-
ty; minimum wage laws; comprehensive planning The League of Minnesota Cities recommends
and OSHA requirements. Therefore the League that the legislature enact a provision whereby a
recommends that the Legislature reinstate the city would be allowed to exceed its levy limit in
special levy for new and increased program costs any given year by no more than 10%, subject to a
mandated by state law. reverse referendum. Significant notice and public
hearing procedures should be included. Such a
3. Natural Disasters and Lawful Orders process would provide a measure of flexibility for
cities needing base increases.
The Legislature should reinstate the special
levies allowing for expenditures of funds as a 2. Board of Review
result of natural disasters and lawful orders. A
city cannot really plan for either of these events A process similar to the Board of Review pro-
and has rio control over them. Neither of these cedure in M.S. 1980 275.52 Subd. 4 should be
special levies would be used often, but would be returned to the levy limit law. In this way allow-
extremely important to those cities needing to use ance could be made by the state for special circum-
them. stances on a case-by-case basis.
4. Energy Conservation 3. Annexed Property
- 17 -
A city's levy limit base should be increased to venues. To the contrary, the recent trend has
reflect the increased cost of municipal services as been for state payments to cities to be cut dis-
a result of an annexation or consolidation ordered proportionately with respect to other payments to
by the Minnesota municipal boars'. local governments.
Size of City Covered by Levy Limits For these reasons, the League recommends that
the appropriation for local government aids be tied
It is especially difficult to justify imposing directly to either a specified share of the state
levy limits on small cities, such as those under sales tax collections or a specified share of the
2,500 population. First, the normal political state general fund. The specific share should be
forces at work in smaller cities make levy limits determined based on the appropriations level now
unnecessary. City officials are visible, accessible in the law for calendar year 1983.
and accountable. Second, the levy limit law, with
all its special levies, changes and exemptions, In addition, these revenues should be distributed
requires cities with relatively simple budgets and to cities on a monthly basis, based on each month's
small staffs to engage in time-consuming, costly tax collection figures.
and unwarranted efforts to operate within the
complexities of the law. Third, the total levies of RS-3. Alternative Revenue Sources (A)
cities under 2,500 constitute only about 11% of
the total levies by cities and about 2% of the total All indications are that past levels of financial
property tax levy of all local governments. Al- support for cities from both the state and federal
though most of the cities in the state (695 out of government are decreasing or at least not growing
855) are under 2,500, the overall property tax as they have in the past. It is therefore especially
burden imposed by those cities is slight. Finally, important that Minnesota cities have the ability to
those cities were exempt from levy limits 1975 raise revenues locally. The property tax, although
through 1981 and it appears that there were no an important and valuable local revenue source,
significant problems or complaints due to un- should not have to bear the entire burden in
reasonable property tax increases, making up for state and federal cutbacks or in
meeting increased local expenditure needs.
RS-2. Adequate Funding for Local
Government Aid (A) Cities should have a variety of options for
obtaining revenues locally so that each city can
Local Government Aid (LGA) is cities' most choose a mix of revenue sources that would be
significant source of non-property tax revenue. It most fair and productive in that community.
is extremely important that LGA be reliable and
predictable and that it be adequately funded so Therefore, the LMC recommends that the
that cities can budget and plan sensibly and so that legislature expand the ability of cities to raise
property taxes do not increase unreasonably. revenues in the following ways:
The experience with state aid delays and cut- 1. Local option hotel, motel, admissions and
backs since 1980 has demonstrated that the amusement taxes. M.S. 477A.016 prohibits cities
current local government aid system is neither from enacting or increasing a local sales or income
reliable, predictable, nor adequately funded. The tax. The statutes should be amended to allow
current system subjects cities to the dual un- cities the option of imposing local hotel, motel,
certainty of not knowing whether the state's admissions, or amusement taxes.
revenues will be adequate, and not knowing how
the legislature and governor will choose to allocate 2. License Fees. Generally, the statutes granting
funding cutbacks when revenues do fall short, authority to issue licenses or permits do not
specify maximum fees. Court decisions provide
Under a system in which cities derive a sub- ample limitations on cities' power to set license
stantial part of their revenues from state sources, fees in that revenues produced must be related to
cities must expect that when state revenues fall the cost of issuing the license and regulating the
short of predictions, cities' state aid funding licensed business. However, the legislature has set
will also decline. It is also reasonable for cities maximum fees for some licenses such as for off-sale
to expect state funding for local government aid to liquor, on-sale wine, bottle club, and Sunday
increase in proportion to increases in state re- liquor.
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The League of Minnesota Cities recommends is important that there be continuous study and
that the Legislature repeal all maximum fee pro- monitoring of the formula. The League recom-
visions and allow cities to decide locally the mends that the legislature appropriate funding for
appropriate fee to charge for such licenses. this purpose. It further recommends that the
League be included in this activity.
RS-4. Special Assessment Financing (A)
It shall be League policy that any changes in
a) Interest rate which may be charged on special the formula initiated by any city or group of cities
assessments financed by bonds. be made only through League process. This
process shall be:
The 1982 Legislature changed the law governing
the statutory interest ceiling for municipal bonds. 1. Any initiative for change shall be addressed
The new law, which provides for a floating month- to either the Revenue Sources Committee or
ly maximum interest rate, creates a problem the Board of Directors of the League of Minnesota
concerning the interest rate which a municipality Cities.
may charge on special assessments. The interest
rate which may be charged is determined according 2. If the Committee or Board believes a
to the maximum rate allowed to be paid on muni- change may be warranted, a technical committee,
cipal bonds for the month in which the resolution task force, or the Committee or Board may pursue
authorizing the special assessment is adopted. If a a study of the impact of the proposed change.
city sells the assessment bonds in a later month,
the interest rate payable on the bonds may be a. The committee selected must contain
greater than that allowed to be charged for the a representative cross-section of League member
special assessment. The city would be left having cities as determined by the Board of Directors.
to absorb extra costs.
b. Within the technical study committee,
The League recommends that the law be the membership shall include a finance officer
changed to ensure that a city may charge an and other technically competent resource
interest rate on special assessments at least one people. This committee shall report to the
percentage point higher than the rate payable on appointing body.
the bonds which finance the assessment.
3. After the committee determination of
b) Interest rate which may be charged on special policy change, the proposals shall be communi-
assessments financed internally by a city. cated to the League membership prior to Board
action.
M.S. 429.061, Subd. 2 restricts to 8% the
interest rate a city may charge on internally 4. Board action shall constitute League
financed special assessments. The League recom- policy.
mends that the allowable interest rate be increased
to more accurately reflect the cost to the city of RS-6. Timing of Property Tax Payments (B)
internally financing assessments.
1. Accelerated Property Tax Payments. Property
RS-5. Local Government Aid Formula (A) taxes are currently paid in two semi-annual pay-
ments, a system which often results in cash flow
The 1979 Legislature is commended for passage problems for cities. These problems have been
of the League local government aid formula which aggravated by the legislative changes of local
removed many of the inequities of the old aid government aid payments to the second half of the
formula. However, the distribution of state-raised calendar year.
revenue through the local government aid formula
should be increased in amounts sufficient to The Legislature should consider modifying the
compensate for increased local government costs. property tax collection system so that taxes are
paid quarterly. Given current statutory dates for
Because of the continually changing factors local levy certifications and the practicalities of
which impact on the formula and sensitivity of the county property tax billing procedures, the first
formula to these changes, the diverse needs of payment date should be March 31 of each year.
cities, and the complexity of the formula itself, it
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2. Property Tax Distribution from County. Under 2. All non-operating property should be taxed and
current law counties need not distribute property should include all property other than operating
tax collections to cities until 30 days after the land and operating structures as defined below.
settlement date of property tax payments to the Non-operating property should include real pro-
county. The county does not pay interest on perty which is leased or rented or available for
collected but undistributed funds until 45 days lease or rent to any person which is not a railroad
after the settlement date. After that time, the company. Vacant land should be presumed to be
county must pay interest, but only at 8%. available for lease or rent if it has not been used as
operating land for a period of one year preceding
All counties should be required to pay interest the valuation date. Non-operating property should
on all monies not distributed by 15 days after also include land which is not necessary and
settlement. Further, the interest rate shall be one integral to the performance of railroad transporta-
based on a standard which provides a more reason- tion services and which is not used on a regular and
able rate of return. continual basis in the performance of these
services.
RS-7. Homestead Credit (B)
3. All operating land (defined to mean any land
The homestead credit program was established which underlies the operating structures defined
by the state to provide property tax relief for below and rights-of-way adjacent thereto and
homeowners. The law provides that the state will which is necessary to the integral performance of
pay 58% of every homeowner's tax bill, up to a railroad transportation services) should be taxed
maximum of $650. When the property tax bills and should be valued by taking into consideration
are prepared in the fall, the amount that an in- the value of adjacent lands and the zoning ap-
dividual taxpayer owes is decreased by the amount plicable to adjacent lands.
of the applicable credit. The state is then supposed
to pay the credit to cities, counties, schools, towns 4. All operating structures (defined to mean all
and other taxing jurisdictions in the year the taxes structures owned or used by a railroad company in
are due (in six equal payments from July through the performance of railroad transportation services,
December). This "homestead credit reimburse- including without limitations, franchises, bridges,
ment payment" is really a payment of property trestles, tracks, shops, docks, wharves, buildings
taxes by the state, and other related structures) should be valued by
the assessor by taking into consideration their
The League recognizes the importance of alternative use, consistent with the uses of adjacent
property tax relief for homeowners. However, the and comparable structures, if not used for railroad
League strongly recommends that the Legislature purposes. All operating structures except railroad
change two major aspects of the homestead credit bridges, trestles, tracks, docks and wharves, should
program. First, the rate of increase in state ex- be taxable.
penditures for the homestead credit program must
be more tightly controlled. Second, the system 5. No taxing jurisdiction should lose revenue
must be changed so that no cutbacks are made in because of the change from the existing unit value
reimbursement payments to cities. system to the new local assessment system.
RS-8. Railroad Taxation (C) RS-9. Tax-Exempt Property (C)
The existing system for taxation of railroad One of the glaring inequities in the Minnesota
property is not consistent with the taxation of tax system involves local services that are provided
other commercial and industrial properties. The free to tax-exempt property owned or used by the
League recommends that a new system of property state, counties, school districts, regional govern-
taxation be established which enables railroads mental bodies, and by certain non-governmental
operating in Minnesota to be taxed consistent with organizations. It is widely acknowledged that such
the taxation of other commercial and industrial property benefits directly from governmental
properties. This system should contain the follow- services such as police and fire protection and
ing features: street services provided by cities. Since there is
no legal basis, however, for claiming reimburse-
1. All railroad property should be assessed by the ment for the cost of such service, they are borne
assessor having jurisdiction as otherwise provided by the local taxpayers. Furthermore, such pro-
by law. perty is concentrated in certain cities, resulting in a
heavy cost burden upon those cities.
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The League recommends that this problem be cantly below acceptable national standards. The
corrected by legislation requiring state, county, costs of such reassessment should be borne by
school districts, city and regional government the responsible assessing jurisdiction.
owners of tax exempt property to reimburse cities
for the cost of police, fire and street services. Sales Ratio Equalization
The legislature should also consider reimburse- The Legislature should require that all cities
ment to cities for services provided to all state have at least a 90% sales ratio. The sales ratio
owned land and facilities, including state universi- sample should be conducted or audited by the
ties. state Department of Revenue, the Commissioner of
which would be required to make aggregate in-
RS-10. Assessment Equalization (C) creases in those cities below 90%. All costs in-
curred by the commissioner shall be paid by the
The League favors improved property assess- assessing jurisdiction. The sales ratio sample
ment practices for numerous reasons. First, should be for a 12-month period, beginning no
county, school and special district levies overlap more than 18 months before the assessment date.
various city taxing jurisdictions. If the sales ratio
of one city is lower than that of another city in, Due to inherent inaccuracies in data and calcula-
say, a county, the residents of the high-sales ratio tions, the League opposes the sales ratio being used
city bear an unfair additional tax burden. as a basis for either penalties or bonuses in state aid
funds.
Second, various state formulas consider property
tax base valuation in distributing aid. Although LAND USE,ENVIRONMENT, ENERGY
sales ratios are used as an equalizing factor, sales AND TRANSPORTATION
ratios themselves are often flawed or inaccurate
because of the difficulty of computing ratios. For LUEE-1. Transportation (A)
example, the "market value" of property can
fluctuate widely depending on the type of financ- An efficient transportation system is a vital
ing available to a buyer. Or there may not be element in planning for the fiscal, economic and
enough sales in a given class of property in an area social development at state, regional, and local
to accurately determine a sales ratio. levels. Since the agricultural and recreational
economy of the state and its cities are dependent
It is important to recognize that statistics upon highway transportation, it is necessary to
such as sales ratios and coefficients of dispersion determine the long-range highway needs to assure
(which are calculated from sales ratios) are at best the vitality of the state's economy. Furthermore,
general indicators. They are tools for helping environmental concerns and the need to conserve
assessors and for insuring an equitable as possible energy require that alternate modes of transporta-
distribution of state aids. However, they should tion be utilized in meeting the diverse needs which
not be used as precision measurements for penal- exist in various communities and regions of the
ties or bonuses. state. In order to provide a more adequate state
governmental structure and funding mechanism
For these reasons, the League recommends the for transportation system planning and develop-
following: ment, the League recommends that the following
changes be made:
Coefficient of Dispersion Penalty
1. An adequate level of highway user funds should
For the past several years the deadline for the be maintained so that highway maintenance and
effective date of the statutory coefficient of reconstruction may be continued, and adequate
dispersion penalty has been extended (it is now funds be available for the state-aid street pro-
1983) due to major problems of administering the gram. The Legislature should consider increas-
law fairly. The League recommends that the ing license fees and the gasoline tax to maintain
Legislature repeal the coefficient of dispersion this fund. Efforts should be made to eliminate
penalty provision. If the Legislature determines a any inequities in the motor vehicle license fee
need exists, the Commissioner of Revenue should schedules and other vehicle taxes.
he required to order a reassessment of an area by
an independent assessor of indicators fall signifi- 2. The special state bonding program should be
- 21 -
continued to provide funds for counties, towns, educational program for citizens and students on
and municipalities for the replacement or recycling. Site selection standards and criteria
repair of bridges. should be developed prior to the siting process
and should be subject to exhaustive public
3. Funding for at least the existing level of opera- hearings and Chapter 15 Administrative Proce-
tion for mass transit should be maintained dures Act requirements.
by the state. Available funds should be used
at the city's option for capital or operating 2. Planning for hazardous waste disposal. A
expenses. statewide plan for the disposal and regulation
of hazardous waste must be developed. Hazard-
4. The legislature should continue the Minnesota ous waste must be defined and the sources
Department of Transportation as the rideshare identified by type, volume, location, and genera-
program coordinating agency and to provide tor. Those responsible for generation must be
adequate funding for its continuation, involved in solving the disposal problem. Hazard-
ous waste generators must be encouraged to
5. The League supports the continued dedication modify production processes to reuse or recover
of the sales tax on motor vehicle sales for as much waste as possible and to use less hazard-
transportation purposes. ous raw materials in their process. Hazardous
waste generators must be required to handle the
6. The possibility and feasibility of utilizing waste that are produced in such a way that wiii
existing railroad trackage as part of a fixed allow these wastes to be identified, collected,
guideway and/or light rail mass transit system and recycled or to be disposed of in a technolo-
should be addressed. If existing railroad track- gical and environmentally sound manner.
age/right-of-ways are petitioned for abandon- Determination must be made of the types of
ment, these or portions thereof should be disposal facilities needed, how many, and the
preserved by appropriate government agencies general geographic locations prior to the siting
through alternate public use until rail systems process. Site selection rules and criteria must be
once again become economically feasible or adopted prior to the siting process and must he
needed because of energy considerations. subject to Chapter 15 Administrative Procedures
Act requirements. The state as a whole should
7. The legislature should give cities more local be considered when selecting the site or sites for
control over speed limits on highways, roads resource recovery and/or disposal of hazardous
and streets within the cities. wastes. Incineration as a means of disposal or as
a volume reduction technique should be given
LUEE-2. Solid and Hazardous Waste serious consideration as part of the disposal
Management (A) system. If landfilling of various types of hazard-
ous waste becomes necessary, prime considera-
The problem of solid and hazardous waste tion should be given to geological acceptability
disposal will be one of the major environmental of various sites, fail/safe design of the facility,
issues of the next decade. Legislation addressing safe operating standards, and adequate long-term
this problem enacted in 1980 responded to the monitoring by the State during operation.
following concerns of the League, and this legisla-
tion should not be amended to diminish the 3. Participation in planning process. All the
emphasis on these concerns: levels of local governments, including cities,
together with private industry, must be encour-
1. Planning for solid waste disposal. The agency aged to participate in the entire planning process
or agencies responsible for developing plans and also to provide solutions to the problems
for solid waste disposal should first identify where feasible. Resource recovery systems and
the types of solid waste involved and the sources landfilling of solid wastes are appropriate roles
of the solid waste. The plan should give first for local government. A process for regulating
priority to alternative use of solid waste, includ- the flow of solid waste must be available to
ing generation of energy and recycling. Deter- guarantee a source of waste for any recovery
mination of the applicability of these alternative facility. Because of the complexity of dealing
types of disposal systems should be made prior with hazardous wastes, a state agency should
to the land-fill siting process. Local govern- have the primary responsibility for supervision
ments and school districts should establish an of hazardous wastes recycling and landfill
- 22 -
facilities. To the extent possible, hazardous lated, liability for their improper disposal should
waste disposal solutions should be operated by begin as of that date. Innocent landowners of
private industry. existing hazardous substance locations should be
protected from liability but should be encour-
4. Incentives. Because the sites for the disposal aged to clean up the hazardous substance
of solid and hazardous waste will be located through financial incentives.
within the geographic boundaries of political
subdivisions, incentives should be provided by Municipal liability for damages from improper
the state to both the host of facility, and the disposal of hazardous substances on public
local governmental unit establishing and main- property in other than a state permitted hazard-
taining the facility. Specifically, consideration ous waste disposal site, should be limited to the
should be given to payments in lieu of taxes to amounts specified in the Municipal Tort Claims
the host community for the property removed Act.
from the tax rolls as a result of the location of a
facility. The host community and the corn- LUEE-3. Manufactured Housing (A)
munity operating or maintaining the facility
should be protected by the state from severe In 1981, the Legislature changed the definition
liability problems. Grants should be made of mobile homes to manufactured housing. In
available to communities operating innovative 1982, the Legislature appeared to require cities to
landfills. A special levy must be established accommodate manufactured homes but to still
outside of levy limitations to pay for the costs permit cities to regulate the location of manu-
of operating and maintaining a landfill, in order factured housing within their boundaries. If the
to assure that adequate funds will be available to legislation is interpreted to restrict the ability of
implement environmental protection measures, cities to regulate the location of manufactured
homes within districts within the city, this
5. Clean-up of hazardous substance locations. The authority should be given to cities.
legislature should establish a state fund to
finance long-term monitoring of disposal sys- LUEE-4. Agricultural Land Preservation (A)
tems and sites, the clean-up of existing hazard-
ous substance locations and future spills of Public policies which encourage substantial
trans-shipment of hazardous waste, and for development in non-urban areas and which extend
the design and implementation of projects public services beyond existing jurisdictions and
required to mitigate the impact of pollution service areas are wasteful and counter-productive.
emanating from hazardous substance locations, Cities offer a variety of lifestyles that conserve
solid waste landfills, and wastewater sludge energy, and they are already centers of substantial
disposal areas. The state fund could be financed public and private investment. Because the prime
through amounts collected by the state through agricultural land of Minnesota is a major natural
the court system from disposers of hazardous and economic resource, a major objective of any
substances. Funds should be available from this land use strategy should be the preservation of this
state fund to reimburse cities for money ex- prime agricultural land.
pended to clean up hazardous substance loca-
tions and spills. Eligibility for reimbursement The state should establish a policy encouraging
should be on improvements or projects ordered the preservation of prime agricultural land which
or begun after Jan. 1, 1980. Should a monitary discourages the development of such land outside
recovery be made by the city from the disposer, designated growth areas to be served by a city and
the city would reimburse the state fund in the encourages regional agencies and local governments
same proportion as the state monies bear to the to adopt agricultural preservation policies and
total city cost. ordinances.
Legislation clearly defining the liability of The legislature should consider extending the
disposers of hazardous substances should be metropolitan area agricultural preserves law state-
enacted. Liability should be retroactive only wide. The law should permit but not require
to the date of any law prohibiting or regulating the formation of agricultural preserves by cities,
the disposal of the particular type of hazardous counties and towns which have comprehensive
waste in question. As future hazardous sub- plans and zoning ordinances. In areas adjacent to
stances are identified and their disposal regu- cities, the city and the town and county, if the
- 23 -
town and county have zoning ordinances per- 6) The state should prepare surface water
mitting agricultural preserves, must all agree to the management advisory standards, guidelines,
inclusion of land in the agricultural preserve, criteria, etc. to facilitate and enhance the
planning of subregional and local units of
LUEE-5. Surface Water Management (A) government.
While recognizing the need for comprehensive 7) The permit process should be revised so
planning, the League believes that local units of that permittees need only work through
government should retain the basic responsibility local government.
for surface water management as they are the level
of government closest to the problem. Also, any 8) Additional mandates on local government
legislation mandating surface water planning or for surface water management planning or
additional responsibilities on local units of govern- implementation activities are opposed
ment must include funding to carry out the plan- unless funded by state raised revenues.
ping and new responsibilities.
9) In any case, authorities exercised by local
Many watershed districts, joint powers corn- government in dealing with surface water
missions, counties, cities and towns have done a management problems should not be
good job of dealing with surface water manage- reduced or substantially modified, provided
ment issues and have the authority and ability to that the local government is acting in good
continue to do so in a cost effective manner. faith to solve the water management
These existing mechanisms should continue to be problems.
used to the greatest extent possible to address
surface water management problems instead of 10) Cities should be allowed to make a special
establishing a new system or creating new organiza- levy annually to be placed in a surface
tions. water management fund. This money
would be used to eliminate high priority
The following concerns should be included in surface water problems that have been
any surface water management legislation: identified by the city council and city
engineer. After all storm sewers are in
1) The state should recognize that water is an place within the city boundaries the annual
important natural resource and should be levy may continue for a replacement fund
retained in the state to encourage industry, as long as the reserves do not exceed an
agriculture and tourism. amount established by the city.
2) More city input should occur in the water- 11) The legislature should provide clear
shed district board of managers selection authority to cities to operate storm sewer
process and there should be more balanced utilities and to impose user charges to
geographical representation on these accumulate revenues to finance storm
boards. Local elected officials should be sewer improvements.
eligible to serve as watershed district
managers or board members. LUEE-6. Flexible Approach to Pollution
Control (B)
3) Incentives and encouragement should be
provided to cities to include surface water The present federal and state programs for the
management retention and detention abatement of pollution problems tend to rely
elements in existing comprehensive plans. heavily or exclusively upon single solution ap-
proaches which are not necessarily appropriate or
4) Greater cooperation between local units of economically feasible in very small communities.
government in dealing with surface water
management problems should be encour- As a result small cities may be required to
aged. install very costly central collection and treatment
systems without regard to cost/benefit considera-
5) The establishment of watershed districts or tions or their ability to finance the continuing
joint powers commissions should be operation of such systems, and larger cities are
encouraged in watersheds where needed, discouraged from using alternative strategies where
- 24-
they might be appropriate. Consequently, the the public, private, commercial and industrial
League recommends that the pollution control sectors are being developed by cities based on the
programs be modified to permit low interest loans rationale that conservation efforts achieve the
and grants and other alternatives to upgrade greatest energy savings at the lowest cost. The
alternative environmentally sound systems and to League believes that a city's individual energy
finance other means of on-site or community conservation strategy can be accomplished if
disposal of domestic and commercial waste in small the legislature permits or establishes some of the
cities. The League encourages mandatory stan- following measures:
dards for individual on-site disposal systems.
1. Retrofit of Local Government Buildings. Local
LUEE-7. Eminent Domain Law (B) governments and school districts operate nearly
8,000 buildings in Minnesota. Possible energy
The League believes the entire eminent domain savings in this sector range from 16-67% of
process should be critically reviewed and stream- current energy consumption by implementing
lined. This examination should include a re- operation maintenance changes and capital
evaluation of the advisability of making appraisals improvements programs. The league recom-
public information; the advisability of an alterna- mends support of the use of special levies to
tive system of review, for example a professional local governments for implementation of energy
referee, a hearing examiner, etc., using a pro- conservation measures, including implementa-
fessional referee in lieu of three commissioners to tion of energy conservation measures and
establish the value of the land;the public purposes building energy audits.
for which the law may be used, including its use to
encourage economic development; and the legality 2. District Heating. To promote statewide ap-
and feasibility of collecting property taxes on plications of district heating technology, and to
property for several years in instances where the allow communities to make most efficient
award is substantially in excess of the market value use of the State District Heating Bond Program,
of the property for tax purposes. The League the League recommends the following:
Board should establish a state-wide task force to
study eminent domain, its alternatives, and reloca- a. The Legislature should provide additional
tion practices and costs. funds or the ability to special levy for
conducting district heating feasibility stud-
LUEE-8. Rezoning Requirements for Cities ies at the community level;
of the First Class (B)
b. The Legislature should permit cities to
The State Municipal Planning Act contains make special property assessments for the
special requirements for rezoning in cities of the cost of connecting or converting to com-
first class which do not apply to all other cities. munity district heating systems; and
Land can only be rezoned with a consent petition
approved by two-thirds of the property owners c. The Legislature should strongly encourage
within 100 feet of the property to be rezoned or consideration of district heating potential
by a "40-acre study." In effect, neighboring in the power plant siting process.
property owners have more power over rezoning
than elected city officials. The fact that cities of d. The Legislature should continue to allow
the first class cannot initiate rezonings creates the use of State District Heating Bond Program
additional problem of not being able to comply for renovation of existing district heating
with the requirements of the Metropolitan Land systems.
Planning Act of 1976.
e. Repayment of state bond issues would
The Municipal Planning Act should be revised to follow repayment of local obligations.
make the requirements for rezoning in cities of the
first class consistent with the existing requirements 3. Low and Moderate Income Energy Assistance.
for rezonings in cities of the second, third and Rising energy costs will continue to place a
fourth class. burden on the economic vitality of communities
in Minnesota. The League recommends: a)
LUEE-9. Energy Conservation and Production (B) Continuation of the fuel assistance program for
low-income households, with expanded services
Overall energy conservation strategies involving to train recipients in energy conservation prac-
- 25 -
tices and with a requirement of recipient parti- nances provides ample opportunity for the partici-
cipation in weatherization programs if the pation of both the general public and individual
recipient is the owner; b) Support for weather- property owners in decisions relating to zoning
ization programs operated through cities, ordinances or the Municipal Comprehensive
counties, and CAP Agencies; c) Continued Plan. It is inappropriate to allow such a long
support for the MHFA loan and grant program deliberative process to be overturned by a relative-
for home weatherization. ly few voters who may have narrow interests
in the issue.
4. Conservation and Renewable Energy Financing.
Declining federal support for implementing Second, the clear intent of the existing planning
conservation and renewable resource projects law is that zoning ordinances and amendments not
will place a significant burden on local govern- be subject to IR. Without a clear uniform state-
ment attempts to maintain vital services to their tory procedure for the implementation of munici-
residents and promote community development. pal planning, statutory and charter cities will be
The League recommends that cities be allowed subject to different procedures and the act will not
to bond and to make a special levy for energy be realized.
conservation and renewable resource projects.
LUEE-12. Erosion and Sediment Control (C)
5. Local Regulatory Authority. Local governments
are in the best position to assess local needs Cities presently have the legal authority to
and regulate energy consumption within their adopt sedimentation and erosion types of land use
communities. The League recommends giving controls. The League urges the Pollution Control
any municipality the option to adopt and Agency to develop a model ordinance and guide-
enforce an energy code that may be more lines to assist cities in using these types of land use
stringent than the state building code for pur- controls.
poses of energy conservation.
LUEE-13. Orderly Annexation (C)
LUEE-10. Shade Tree Disease Control (B)
1. To increase local government cooperation in
If the. Legislature continues its commitment to orderly annexation proceedings, when the city
the Shade Tree Disease Control Program, grants and town jointly agree on the area to be con-
should include funds for sanitation and refore- sidered for orderly annexation, and when
station. Because the disease is still present and there is no objection by any other city, county
spreading, whether or not state grants are available, or town, the Municipal Board should not be able
the Legislature should permit cities to use special to modify the agreement and may only accept
levies, special assessments, and other sources to or reject it.
fund local control.
2. The parties to an orderly annexation agreement
LUEE-11. Initiative-Referendum for should be permitted to agree to distribute the
Zoning Ordinance (C) land use responsibilities within the area, with
no review by the Municipal Board. Any county
The Municipal Planning Act has been interpreted land use authority in the area should be sus-
to allow for initiative and referendum (I R) in pended.
cities with charter provisions allowing for IR.
There is evidence that this interpretation has LUEE-14. Minnesota Municipal Board (C)
interfered with cities' efforts to achieve their
planning and development goals, particularly in the Since its organization, the Minnesota Municipal
housing field. Board has strengthened municipal government by
providing a means for the orderly and intelligent
The League of Minnesota Cities supports an evaluation of proposed incorporations, consolida-
amendment to the Municipal Planning Act to tions, and annexations throughout the state.
provide that zoning ordinances and amendments Recent additions and changes in the Board's
not be subject to city charter provisions on initia- authority in annexation areas will encourage and
tive and referendum. foster an assessment of the consequences for
governmental framework of certain kinds of
First, the statutory procedure on zoning ordi- development and services in urbanizing fringe areas
- 26 -
around cities. The League commends the legisla- DEVELOPMENT STRATEGIES
ture for making this change and recommends that
no further changes be made in the annexation laws DS-1. Community Development Principles (A)
until the current system has been evaluated
through its application by the Municipal Board to Minnesota Cities are key partners in the corn-
annexation situations. munity development process. They can and do
plan types and location of economic growth; build
The orderly procedure for the consolidation of or repair streets, sewers and other public improve-
cities should be broadened to include the con- ments; and finance construction or rehabilitation
solidation of entire townships within the city of residential, commercial and industrial develop-
consolidation process. ment.
LUEE-15. Intergovernmental Strategies (C) From the 60's through the early 80's an ever-
increasing number of cities have gained experience
During the last several years, the Minnesota and sophistication in the use of development tools
Pollution Control Agency has taken several steps including industrial revenue bonds, tax increment
which have markedly improved the working financing and housing (or mortgage revenue)
relationship between its own staff and local govern- bonds. Various federal grant programs encouraged
ment officials. The decentralization of its staff in cities to tap state and local resources to maximize
regional offices, the increasing willingness to the impact of federal dollars. The state of Minne-
provide technical assistance to local governments sota assisted cities' development efforts with the
and the appointment of an advisory council Star Cities and the Main Street Minnesota pro-
composed of local government officials, have grams, Minnesota Housing Finance Agency loan
each contributed to better communication and programs and other activities. The Legislature
cooperation. The League endorses these efforts allowed cities to retain flexibility in using tools
and urges the Minnesota Pollution Control Agency for financing growth and rehabilitation and granted
to continue to involve local officials in the mutual new powers in such areas as financing rehabilita-
effort to improve the effectiveness of our efforts tion loans for small businesses.
to preserve and improve our environment, and
encourages all state agencies to do the same thing. The economic realities of the 1980's are likely
to require even more active participation by cities
LUEE-16. Planning Grant Program (C) in community development. Especially if the
federal government continues to reduce its assist-
The state matching grant program which pro- ance to cities, it is important for cities to retain
vides funds to increase the local planning capacity maximum ability to encourage and leverage econo-
of cities and counties was instrumental in encour- mic development and redevelopment.
aging many cities which otherwise might not be
involved in land use planning to implement land The League opposes any changes in state
use planning measures. However, because of the statutes that would limit cities' current ability to
possibility that new mandatory planning programs carry out a variety of community development
may be instituted by the Legislature, the League activities. The League recommends that any
recommends that should these new planning legislative changes in cities' community develop-
programs be mandated, that the Legislature parti- ment powers or other actions which have an
cipate in the funding of these planning activities impact on city development and redevelopment be
and in the implementation of these activities governed by the following principles:
through a grant program.
1. Cities' ability to finance the maintenance of
LUEE-17. Use of Funds from Subdivision its capital investments such as existing streets,
of Land (C) sewers and other public improvements should be
assured and protected.
Funds derived from the creation of new sub-
divisions of land in lieu of the dedication of 2. Economic growth should be managed to maxi-
land for park purposes should be available for park mize the cities' capital investment in existing
development in addition to park acquisition. roads, bridges, sewers, water treatment plants,
etc.
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3. The revitalization of cities and community Although the League continues to have many
centers should be a priority in order to reverse concerns about the administration of the new
the trend of dispersion of population and program, we believe the first grant cycle should be
economic activity. completed before the Legislature should consider
intervention in the process.
4. Any state statute relating to community
development should recognize and allow for the If the Small Cities' CDBG program design does
great differences between cities with respect become an issue in the 1983 Legislature, the
to their stage of growth and development, League strongly advocates the following approach:
demographics and types of economic activity
within and adjacent to their borders. 1) Extensive hearings should be held on the
issue, with ample opportunity for the presentation
5. The preservation and conservation of agricul- of cities' positions.
tura) lands, wetlands, and scenic and recreational
land should be encouraged and promoted. 2) The CDBG program should be allowed to
remain basically what it has in the past: a source
6. The state should work closely with cities and of funding to encourage cities to "develop viable
the private sector. Local objectives should be communities by providing decent housing and
a priority which are built into economic suitable living environment and expanding econo-
development and redevelopment process. mic opportunities, principally for persons of low
and moderate income."
DS-2. Small Cities Community Development
Block Grants (A) 3) Cities should retain as much flexibility
as possible in determining how to carry out any
The state of Minnesota has chosen to exercise one of the three broad objectives of the program
its option to administer the Small Cities portion of (listed above).
the Community Development Block Grant (CDBG)
program in FY1983. The state's handling of this 4) The Legislature should not attempt to deal
program, which is the major source of community statutorily with complex, specific program criteria
development resources for most Minnesota cities, is that are best handled administratively.
of great concern to the League. Representatives of
the Department of Energy, Planning and Develop- DS-3. Special Assessments (A)
ment (DEPD), cities, regional development corn-
missions, the legislature and other interested Recent court decisions concerning special
organizations met throughout 1982 to consider assessments have made it more difficult for cities
policies and procedures for the new state-ad- to use special assessments to finance a variety of
ministered program. In addition, a series of necessary activities. One particular problem area
informational meetings was held around the state relates to cities' financing of capital costs and
before the DEPD adopted administrative rules in annual operation, maintenance, or promotion
the fall of 1982. expenses connected with public malls, plazas, or
courtyards, pedestrian skyways, underground
The state program will not be greatly different pedestrian concourses, or public parking facilities.
from the program as it was administered by HUD.
Program activities must continue to: The LMC supports legislation which would
create statutory authority for cities to collect
1) Principally benefit low and moderate special service charges for the aforementioned
income persons, or operation, maintenance, or promotion expenses
according to the value of the services received
2) Aid in the prevention or elimination of rather than the increased value of the property.
slums and blight, or
The LMC also supports legislation which would
3) Meet other community development needs allow cities to finance the aforementioned capital
posing a serious and immediate threat to the costs and operation, maintenance, or promotion
community's health or welfare. expenses by the creation of special taxing districts.
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DS-4. Enterprise Zone and Industrial is now a gap in cities' ability to pursue and aid
Employment Property (B) small business development for expansion or
construction of their enterprises. The use of
New 1982 state legislation set up criteria for industrial development revenue bonds (IDRB's) for
the creation of enterprise zones in "economic small projects is hampered by the economics of
hardship areas". New powers were given to cities administrative expenses necessary for issues of any
in those zones which are over 2,500 (or over 4,000 size.
if located in an over 50,000 SMSA) to classify
certain types of property as "industrial employ- The League recognizes this existing gap in
ment property", thus qualifying it for special developmental tools and encourages the legislature
property tax abatements. to enable the Small Business Finance Agency to
package projects which are approved by local city
This population restriction eliminates the councils into larger IDRB's. The League encour-
great majority of cities in the state from participa- ages the legislature to appropriate funds as needed
tion in this program, which could be very meaning- by the Agency to establish reserves and cover
ful and helpful even in smaller communities. administrative expenses related to this effort.
The criteria in the law relating to whether an area
is economically distressed should be the deter- DS-7. Tax Increment Financing (C)
mining factor in who may use this tool - not the
population of a city. Tax increment financing has permitted many
cities in various parts of the state to define and
The League recommends that the Legislature carry out rehabilitation, redevelopment, housing,
amend the 1982 Enterprise Zone Bill to allow a and economic development projects on their own
city of any size population which meets the initiative. It represents the most feasible and
statutory economic tests to qualify as an enterprise effective legal strategy which is currently available
zone. to cities to preserve and improve their physical and
economic environment.
DS-5. Tax-Exempt Status of Land Held
by Cities for Development (B) The League commends the 1979 legislature for
passing one of the most flexible and comprehensive
In 1979, the Legislature changed the tax-exempt tax increment laws in the nation. The legislation
status of land held by cities for later resale for incorporates substantially the League's position.
economic development purposes by limiting the The League believes that presently no substantive
tax exemption to a maximum of three years. changes are necessary.
The industrial and economic development DS-8. Housing (C)
process may extend over a long period of time.
The current three-year time limit discourages cities The League continues to encourage the use of
from being active in establishing and maintaining tax-exempt financing for housing and supports the
local development corporations, from retaining as Minnesota Municipal Housing Revenue Bond Act,
much control as possible over their economic M.S. 462C, passed by the 1979 Legislature and
development and planning process, and from being amended in 1982.
selective as to the type of development which may
locate in the city. Cities recognize that incentives for the .con-
struction and rehabilitation of housing form a
Therefore, the League of Minnesota Cities vital part of city redevelopment efforts and serve
supports legislation to eliminate the three-year the housing needs of its citizens, especially those
time limit on the tax-exempt status of land held by of low and moderate incomes. The League sup-
cities for later resale for economic development ports amendments to Chapter 462C necessary to
purposes. further assist cities in using housing revenue bond
programs both as a redevelopment tool - to en-
DS-6. Small Business Development Financing (B) courage a healthy and diverse economic and social
base - and as a way to provide housing for low and
A good array of financial tools are available moderate income households.
to cities to stimulate development which is in
concert with city plans and policy. However, there Because of the federal Mortgage Subsidy Bond
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Tax Act of 1980, the ability of cities to conduct The League believes that the development and
housing programs has been severely limited. redevelopment needs of cities are very diverse, and
Federal law placed a cap on the dollar amount of therefore recommends that no legislation be
single family mortgage revenue bonds that may be enacted which limits in any way the types of
issued in the State of Minnesota for 1981, 1982 projects for which industrial revenue bonds may be
and 1983. Unless federal law is changed, tax- used.
exempt housing bonds will cease to be after 1983,
unless they fall within specific exemptions in The League recommends that any unit of
federal law. Federal law specifies that 50% of the government issuing industrial revenue bonds
annual state ceiling is allocated to the state and voluntarily adopt and follow local guidelines
50% is allocated to local issuing authorities, unless setting forth conditions under which a project is
the Legislature or the Governor decides on another consistent with a community's development plans
allocation formula. or policies and zoning requirements.
In 1981, the Legislature implemented an alterna- The League supports any changes in state law
tive formula by allocating 100% of the state that may be necessary to ensure that cities will be
volume cap to the Minnesota Housing Finance able to use I RB's to the fullest extent possible
Agency, except for specific dollar amounts which under the changes made in the federal "Tax Equity
were specially authorized for the three cities of the and Fiscal Responsibility Act of 1982."
first class.
DS-10. Rent Control (C)
In 1982, the Legislature set aside an additional
amount of the state volume cap to allow each city The League of Cities opposes any effort to deal
in the state an opportunity to apply to the MHFA with the issue of rent control by statewide legisla-
for up to $10 million to finance city housing tion. The League has no position in favor of
programs. Since available issuing authority is or against rent control per se. However, a uniform
limited to 271/2 of the state ceiling, less any amount state law would pre-empt cities' rights to make a
allocated by law to specified cities, the law in- local judgment on this issue. With respect to rent
eludes a procedure for ranking programs. The control, as with most other issues, the League feels
League supports the continuation of this formula strongly that it is appropriate to allow control
which allows flexibility in the use of limited over this decision to remain with local government.
bonding authority between the MHFA and the
cities. FEDERAL LEGISLATION
MHFA program funds should be targeted to FL-1. General Revenue Sharing (A)
cities in a manner consistent with local plans and
programs. The MHFA should continue to improve The League understands that the federal govern-
its procedure whereby representatives of a devise ment is considering budget revisions that will
group of cities, chosen in consultation with the call for cuts in virtually all programs of interest
League, can participate in decision-making as to to city governments. The League also recognizes
MHFA priorities in targeting funds to cities, that, at this time, it does not have adequate infor-
mation to propose alternative approaches to
DS-9. Industrial Revenue Bonds (C) dealing with a program to control the problem of
inflation. The League is quite clear, however, that
The League supports the policy of this state to the General Revenue Sharing Program is of vital
encourage cities to take an active role in their importance to all Minnesota cities. Upon the
economic development and redevelopment. This average, these cities utilize General Revenue
policy is particularly expressed in Chapter 474 of Sharing to account for a significant portion of
the Minnesota Statutes, the Municipal Industrial their budgets. Since in most instances these funds
Development Act. Chapter 474 provides of the use are a part of the city's operating budget, reductions
of industrial revenue bonds by local units of in General Revenue Sharing will leave cities no
government to prevent or remove light and econo- choice but to raise taxes or reduce city services and
mic deterioration, to create new jobs and retain personnel. Neither alternative is an acceptable
existing ones, to maintain and strengthen tax bases, method of dealing with inflation.
and to retain existing businesses and attract new
business. The League, therefore, requests that federal
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budget consideration, particularly as it affects in several bills in Congress to establish programs to
city governments and the General Revenue Sharing lend money to municipalities by purchasing their
Program, recognize the importance of the General bonds and/or make interest on state and local
Revenue Sharing Program to our cities. It requests bonds taxable. While the motives behind these
that this program be given priority and, insofar as proposals may be laudable, it does not appear that
possible, protected from reductions. a convincing case has been made for such a radical
change which could damage the independence and
Congress and the Administration should resist viability of state and local government. Therefore,
the temptation to use revenue sharing as a lever to the League strongly urges that the tax-exempt
governmental and other reforms at the local level. status of state and local bonds be maintained.
Revenue sharing should be a flexible, decentralized Also, the League is opposed to the federal legisla-
program free of bureaucratic entanglements. The tion which regulates the issuance and sale of
dangerous tendency of the imposition of difficult municipal bonds, including registration or filing
procedural and other requirements is apparent in with the Securities and Exchange Commission.
the revenue sharing amendments of 1976.
FL-3. Industrial Development Bonds (A)
The League opposes inclusion of energy sever-
ance taxes in the calculation of fiscal effort at- Industrial development bonds are useful tools
tributed to the states in the derivation of state which allow cities to take an active role in fostering
General Revenue Sharing amounts. a diverse range of economic development or
redevelopment projects. They are also the primary
The League further requests that the National means by which cities can provide employment
League of Cities review the federal budgetary opportunities within the city. Due to federal
situation and arrive at a more comprehensive program cutbacks, the need for locally controlled
position with respect to a program to combat development tools is greater than ever before.
inflation, recognizing the view that the General
Revenue Sharing Program should be given highest The League therefore supports the continued
priority consideration. availability of small issue industrial development
bonds to cities after December 31, 1986. The
FL-2. Municipal Bonds (A) League recommends, however, that any issuer
should be required to adopt and follow local
The traditional way of financing most local guidelines ensuring that projects be part of an
public improvements of facilities has been through overall economic and physical development plan.
the issuance of bonds, and this is likely to continue
for the foreseeable future. Consequently, if the FL-4. Community Development (A)
needs for local improvements are to be met at
a reasonable cost, it is imperative that a broad The Community Development - Block Grant
market be maintained for municipal bonds at the Program is an extremely important source of
most favorable interest rates possible. financial assistance to Minnesota Cities. Funds
from the CDBG program have often made the
Federal legislation. The exemption from federal difference between redevelopment, development,
income taxes of the interest on municipal bonds and stagnation in Minnesota cities. Without
has been and continues to be the key factor in consideration of the importance of the General
maintaining a healthy market for municipal bonds. Revenue Sharing Program, the CDBG program is
This tax-exempt status of state and local issues not the most significant source of federal funds for
only maintains a separate market for them but also Minnesota cities.
recognizes the right of state and local government
to manage their fiscal affairs independently. In It has been proposed that CDBG be folded into
recent years, however, some knowledgeable people a federalism program which would make a sub-
have become concerned because of their belief that stantial amount of funding available to the state
the traditional market for state and local bonds governments to fund city and other governments
will not be able to satisfy the rapidly growing need for various purposes. We believe that the CDBG
for capital for public purposes. Concerns have also program should not be included in a general block
been raised about existing methods of tax avoid- grant to the states. The direct federal-local rela-
ance, including the tax-exempt interest on state tionship established in CDBG should not be diluted
and local bonds. These two concerns have resulted by interposing another layer of government nor
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expanding the potential coverage of the CDBG appropriate or economically feasible in small
funds to make up for deficiencies in other pro- communities.
grams included in a state block grant but for which
the overall funding is reduced. As a result small cities have been required to
install very costly central collection and treatment
The CDBG program addressed long-term capital systems without regard to cost/benefit considera-
needs in our cities. For this reason, it should be tions or their ability to finance the continuing
funded on a multi-year basis and the legislative operation of such systems. Similarly, larger cities
reauthorization for it should extend to at least have been discouraged from using alternative
three years and preferably longer. strategies where they might be appropriate.
Because of the general inflationary cycle of Consequently, the League recommends that the
our economy of the last several years, the next wastewater treatment programs be modified to
reauthorization of the CDBG program should provide financing to upgrade alternative environ-
provide at least a modest increase in funding in the mentally sound systems of on-site or community
amount of 20% of the previously authorized disposal of domestic and commercial waste in small
amounts. This is also appropriate in view of the cities. The League encourages mandatory stan-
fact that other federal programs have been reduced dards for individual on-site disposal systems.
or phased out with the suggestion that the CDBG
program could cover deficiencies in other pro- In addition, the League feels the reduction in
grams. federal funding of these programs is inappropriate
in light of the national scope of the problem.
It has also been suggested that CDBG funds be
authorized to cover the cost of housing construc- FL-6. Cable TV (B)
tion as an eligible CDBG activity. Congress should
not make this change in the CDBG law. The Approximately 150 cities in Minnesota receive
potential costs of housing are so great that cable TV service. Present state and federal law
authorizing housing as a use of CDBG funds would allows for the establishment of regulatory and
neither provide an appropriate nor adequate source service requirements through the competitive
of funding for the nation's housing needs, nor franchise process. Minnesota has already set up a
prevent a serious debilitation of CDBG funds from workable process which assures responsible local
their original capital purposes. regulation in the awarding of cable franchises.
This system allows local communities to provide
We support the simplification of the CDBG input into this important community service.
program and the increase in flexibility which could
be provided to city governments. We however Because cable TV is a local medium of com-
believe that the program should retain its focus on munication and thus is primarily a local concern,
meeting the needs of low and moderate income the League opposes any legislation which will
persons as well as eliminating slums and blight and diminish local control.
meeting urgent community needs.
FL-7. Federal Labor Legislation (C)
FL-5. Wastewater Treatment (B)
In 1971, Minnesota adopted a comprehensive
Clean water is important to the economic and public employment labor relations act which
social well-being of not only the state of Minnesota covers all public employees within the state. The
but the nation as a whole. The League supports scope of the law is sufficiently broad to permit free
the federal government's recognition of water and extensive participation in the collective bar-
quality as a national problem and feels the estab- gaining process by both the public employee and
lishment of national water quality standards is employer, including the right to strike for certain
appropriate. employees. The League is opposed to federal labor
legislation covering state and local employees on
While the League supports the establishment of the grounds that it is unconstitutional and that it is
national water quality standards, we feel the patently unnecessary. If the United States
programs available to help meet these standards are Supreme Court determines that such legislation is
inadequate in that they've tended to rely heavily constitutional and that Congress finds it necessary
on single solution approaches which may not be to adopt some sort of national legislation in this
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area, we believe the best alternative would be to in those states that do not have existing labor
extend the provision of the National Labor Rela- legislation, allowing states the opportunity to
tions Act to cover public employers and employees establish their own laws as the need arises.
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