HomeMy WebLinkAbout10/29/1991 TENTATIVE AGENDA
SHAKOPEE CITY COUNCIL
COMMITTEE OF THE WHOLE OCTOBER 29, 1991
Mayor Gary Laurent presiding
1] Roll Call at 7: 00 p.m.
2] Approval of the Minutes of October 8, 1991
3] Municipal Facility Task Force Report
4] League of Minnesota Cities (LMC) 1992 Proposed City Policies
and Priorities
5] Other business
6] Adjourn
Dennis R. Kraft
City Administrator
MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Non-Agenda Informational Items
DATE: October 25, 1991
1. Attached is a notice for the AMM Legislative Policy Adoption
Meeting on Thursday, November 7th. Please RSVP to Toni at
city hall no later than November 1st.
2 . Attached is the November calendar of Upcoming Meetings.
3 . Attached is a memorandum from the City Attorney regarding the
examination and approval of title for plat of the Meadows
Sixth Addition.
4 . Attached is a memorandum from the City Attorney regarding the
examination and approval of the title for plat of Mark J.
Weinandt Addition.
5. Attached are the unapproved minutes of the October 9, 1991
Downtown Ad Hoc Committee meeting.
6. Attached are the unapproved minutes of the September 18, 1991
Energy and Transportation Committee meeting.
7 . Attached is the November Business Update from City Hall.
8 . Attached is a letter from George Realander relating to
recreational fires. He wanted the letter passed on to
Councilmembers. He also sent the same letter to the police
and fire chief. Burning is governed by the Minnesota
Pollution Control Agency. He wants to live within the law and
was told that if he complies with the law everything is okay.
If complaints continue, they will be advised of the law.
9 . Attached is a memorandum from Rep. Henry J. Kalis, House of
Representatives regarding a Transportation Committee meeting
scheduled for Tuesday, October 29th, 2-4 PM at the Shakopee
K. C. Hall .
AMM Legislative Policy Adoption Meetingli .
ri , „,„,„
i j 12
Thursday, November 7, 1991 •
Northland Inn
7101 Northland Circle N.
Brooklyn Park, Minnesota
(One block north of 1-94/694 and Boone Avenue)
:::• ,
Spouses, significant others and guests welcome
I
Social hour
5:30-5:30 p.m.
Cask bar
•
z Buffet style dinner >,
• Vii :
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Business agenda
1. Call to order.
2. Welcome. Mayor Jesse Ventura, Brooklyn Park.
3. Advisory Commission on Intergovernmental Relations (ACIR) update.Jim
Miller, Minnetonka Manager and a city representative on ACIR.
4. Key 1992 legislative thrusts of the Metropolitan Council and other Metropolitan
Agencies. Mary Anderson,Chair, Metropolitan Council.
5. Consideration and adoption of 1992 Legislative Policy Program. Copies were
previously mailed to City Managers/Administrators.
6. Input on establishing the 1992 AMM legislative priorities.
7. Other business.
8. Adjournment.
--1
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( 1 BLOCK NORTH OF 1-94& BOONE AVE,AT THE
INTERSECTION OF BOONE AVE& NORT LAND CIRCLE) 35W
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November
UPCOMING MEETINGS
SUN MON TUE WED THU FRI SAT
1 2
3 4 5 6 7 8 9
4:30pm Public ELECTION DAY 7:OOpm City 7:30pm Planning
Utilities Council Commission
Meeting
10 11 12 13 14 15 16
Veteran's Day - 7:45am Downtown
City Hall Committee
Closed
17 18 19 20 21 22 23
7:OOpm City 5:OOpm CDC
Council 7:OOpm Energy
Meeting and
Transportation
24 25 26 27 28 29 30
7:OOpm Park & 7:OOpm Budget Thanksgiving - City Hall Closed
Rec. Board Hearing City Hall
Closed
October December
SMTWTFS SMTWTFS
1 2 3 4 5 1 2 3 4 5 6 7
6 7 8 9 10 11 12 8 9 10 11 12 13 14
13 14 15 16 17 18 19 15 16 17 18 19 20 21
20 21 22 23 24 25 26 22 23 24 25 26 27 28
27 28 29 30 31 29 30 31
10/21/1991
MEMORANDUM
TO: The Shakopee City Council
FROM: Karen Marty, City Attorney
DATE: October 15, 1991
RE: Examination and Approval of Title for Plat of the
Meadows Sixth Addition
I have received the proposed plat of The Meadows Sixth Addition,
which plat pertains to land in Scott County, Minnesota, described
as:
Outlot C, The Meadows 4th Addition
Outlots B and C, The Meadows 5th Addition
and in connection therewith, I have examined a Registered
Property Abstract to said property consisting of a two-page
certificate; as well as an Abstract of Title consisting of 216
entries and certified on September 16, 1991, by Minnesota Title.
From such examination, I find good title of record to the
property above described in Bethel College & Seminary Foundation,
a Minnesota non-profit corporation, with a contract for deed to
Wetterlin Development, Inc. , a Minnesota corporation, which has a
further contract for deed with Gold Nugget Development, Inc. , a
Minnesota corporation, free and clear from encumbrances that
would have an adverse bearing on the proposed plat.
When the plat is signed by all proper parties as required by
law, the City will be in a position to accept the Plat. The same
should be filed and this filing will affect the proper dedication
of all public ways therein described as shown on the plat.
Signed /2",4:1: -/-4-47
Karen Marty, CilKAttorney
KEM:bjm
[MEADOWS6]
MEMORANDUM
TO: The Shakopee City Council
FROM: Karen Marty, City Attorney
DATE: October 15, 1991
RE: Examination and Approval of Title for Plat of Mark J.
Weinandt Addition
I have received the proposed plat of Mark J. Weinandt Addition,
which plat pertains to land in Scott County, Minnesota, described
as:
The North 195. 0 feet of the East 150 . 0 feet of the Southeast
Quarter of Section 30, Township 115, Range 22 , Scott County,
Minnesota; together with the North 195. 0 feet of that part
of the North One Half of the Southwest Quarter of Section
29 , Township 115, Range 22 , Scott County, Minnesota, lying
West of County Road No. 17 ;
and in connection therewith, I have examined an Abstract of Title
to said property consisting of 120 entries and certified on
August 27 , 1991, by Scott County Abstract and Title, Inc.
From such examination, I find good title of record to the
property above described in Mark J. Weinandt, an individual, free
and clear from encumbrances that would have an adverse bearing on
the proposed plat, EXCEPT for a federal tax lien dated August 8 ,
1991, filed August 13 , 1991, in the office of the County Recorder
in and for Scott County, Minnesota, as Doc. No. 285390. This
lien must be released.
When the federal tax lien is released and the plat is signed
by all proper parties as required by law, the City will be in a
position to accept the Plat. The same should be filed and this
filing will affect the proper dedication of all public ways
therein described as shown on the plat.
Signed ,,49,g(7 ii,
Karen Marty, City Attorney
KEM:bj m
[WEINPLAT]
MINUTES OF THE
DOWNTOWN AD HOC COMMITTEE
City Council Chambers
October 9, 1991
Chairperson Keen called the meeting to order at 7 : 50 A.M. with
Commissioners D. Wermerskirchen, B. Wermerskirchen, VanHorn,
Fonder, Phillips and Kahleck present. Barry Stock, Assistant City
Administrator was also present.
B. Wermerskirchen/Fonder moved to approve the minutes of the August
14 and September 11, 1991 meetings as kept. Motion carried
unanimously.
Mr. Stock stated that several months ago the Downtown Committee
presented a Work Plan to City Council for updating the Downtown
Revitalization Plan. At that time, City Council referred the Work
Plan back to the Downtown Committee, suggesting that certain
aspects of the Work Plan be completed in-house by City staff. Mr.
Stock stated that one of the work tasks that was identified has
been completed by City staff. That item referred to a downtown
parking analysis and additional parking lot alternatives.
Mr. Stock questioned whether or not the Committee felt that the
list of work tasks previously identified should be reevaluated to
determine if any of the tasks should be resubmitted to City
Council . Mr. Stock stated that he has heard several City Council
members express concern regarding the redevelopment of the north
side of 1st Ave. Mr. B. Wermerskirchen stated that he believes
that it is somewhat difficult to move forward in visualizing what
impact the mini bypass will have on the downtown area. He
questioned whether or not it would be premature to make a
recommendation to City Council in regard to an update of the
Downtown Plan. Mr. Stock stated that one of the issues that seems
to reoccur on a regular basis is the difficulty with which both
City Council, the Downtown Committee and residents feel in regard
to the visual impact of the mini bypass on the buildings located on
the north side of 1st Ave. Mr. Stock stated that perhaps a
conceptual graphic would help the Downtown Committee and Shakopee
residents visualize what could be done with the property on the
north side of 1st Ave. Commissioner VanHorn stated that he felt
this would be beneficial . Mr. Stock stated that perhaps he could
get an example of a dimensional drawing that has been completed for
a similar project somewhere in the metropolitan area.
Discussion ensued on the time frame for the mini bypass project.
Mr. Stock stated that the bid letting date has been pushed back to
April 24 , 1992 . He stated that the City has not heard whether or
not this would push back the final project completion date. Mr.
Minutes of the Page - 2
Downtown Ad Hoc Committee October 9, 1991
Stock noted that he felt that construction would begin on the
bridge and mini bypass next year. He went on to state that the
project is not scheduled for completion until the fall of 1993 .
Mr. Stock went on to state that if the Downtown Committee
recommends that an architect and/or consultant be hired to do a
visual graphic on the redevelopment possibilities of the north side
of 1st Ave. including the impact of the mini bypass from an
aesthetic standpoint that it would probably take between 3 and 6
months.
It was the consensus of the Committee that something has to be done
with the north side of 1st Ave. Either demolition and new
construction or rehabilitation. Commissioner Kahleck stated that
she was concerned that if we continue to wait on private investment
without attempting to stimulate interest in the downtown area that
redevelopment may not occur until after the mini bypass is complete
or perhaps not at all .
Mr. Stock noted that City Council directed the appropriate City
officials to develop design plans and specifications for a parking
lot behind the City Library. Mr. Stock stated that City Council
did not rule out the possibility of leasing additional space in the
downtown area. Council felt that prior to leasing any space that
they should evaluate what impact moving City Hall to the south side
of 1st Ave. actually has on downtown parking.
Mr. Stock shared with the Committee a story that was recently
included in the League of Minnesota Cities magazine. The article
addressed the impact of shopping malls on downtown central business
districts.
Commissioner VanHorn shared with the Committee his proposed house
moving plans.
Discussion then ensued on several other properties that are
scheduled for vacation as a result of the mini bypass project.
D. Wermerskirchen/Phillips moved to adjourn the meeting at 8: 45
A.M. Motion carried unanimously.
Barry A. Stock, Recording Secretary
c-; ice.
Minutes of the
ENERGY AND TRANSPORTATION COMMITTEE
Regular Session
September 18, 1991
Chairman Drees called the meeting to order at 7 : 00 p.m. with
Commissioners Otto, Kelly, Roman, Stolarcek, Ward, Reinke and Drees
present. Commissioners Case and Mars were absent. Barry Stock,
Assistant City Administrator was also present.
Roman/Otto moved to approve the minutes of the August 21, 1991
meeting as kept. Motion carried unanimously.
Mr. Stock stated that the Dial-A-Ride contract with National School
Bus expires on April 15 , 1992 . He stated that the current contract
provides for a three year extension. Mr. Stock shared with the
Committee a letter that he has received from Mr. Joe Morley,
General Manager for National School Bus with a proposed hourly rate
for continued service. Mr. Stock stated that the City of Shakopee
currently pays $19 . 15 per hour per vehicle. Mr. Morley is
proposing that the rate be increased to $22 . 71 per hour per vehicle
(an 18 . 5% increase) .
Mr. Stock shared with the Committee the impact of accepting Mr.
Morley' s initial offer. He stated that, based on current ridership
data, going to the hourly rate would have a serious adverse impact
on our fairbox recovery ratio. Providing service under the
proposed rate without increasing Dial-A-Ride fares would place our
fairbox recovery ratio well below the Regional Transit Board
standard level of 15%.
Mr. Stock then stated that Southwest Metro is considering acquiring
their own Dial-A-Ride vehicles. If they are successful in their
endeavor, it could significantly reduce the cost for Dial-A-Ride
service. Mr. Stock noted that he was contacted by the Southwest
Metro Transit Commission administrator to determine if the City of
Shakopee would be interested in subcontracting Dial-A-Ride service
from Southwest Metro. Mr. Stock stated that he responded in the
affirmative to this question providing that it would be cost
effective and in the best interest of the City. With this in mind,
it may be appropriate for the Energy and Transportation Committee
to consider negotiating a one year contract extension with a two
year option period. This would provide the City of Shakopee with
the option to evaluate whether or not it would be cost effective to
subcontract with Southwest Metro for Dial-A-Ride service at a later
date. Mr. Stock also noted that Southwest Metro was considering
contracting for management service for their Dial-A-Ride program.
The management portion of the contract would provide Southwest
Metro with dispatching services and administration, including
drivers selection and payroll processing.
Minutes of the Page - 2
Energy and Transportation Committee September 18, 1991
Discussion ensued on the Dial-A-Ride performance. Mr. Reinke
stated that he has had several complaints on Dial-A-Ride service.
He stated that this may be a factor which has contributed to lower
summer ridership levels. Commission Stolarcek stated that she has
generally been pleased with the Dial-A-Ride service. Mr. Reinke
stated that he believed that the major problem with the provision
of Dial-A-Ride service in Shakopee at this time laid in the area of
dispatching. He stated that if it had not been for the quality of
the drivers that have been working in the Shakopee Dial-A-Ride
system for a number of years, that he believed that the ridership
would be significantly lower than what we are experiencing. Mr.
Stock concurred with Mr. Reinke. Mr. Stock stated that he felt
that dispatching was an area that National School Bus needs to
improve.
Mr. Reinke questioned whether or not staff knew what Roseville and
Anoka County were paying to the MTC for their Dial-A-Ride service.
Mr. Stock stated that he did not believe that the MTC had contracts
for the services mentioned by Mr. Reinke. He believed both systems
were provided with service by National School Bus. Mr. Stock
stated that he was sure that the price per hour was over what has
been proposed by Mr. Morley for the Shakopee service. (Footnote:
Following the meeting, staff confirmed the fact that National
School Bus is the contractor in Anoka County and Roseville. The
cost per hour per vehicle in Anoka County is approximately $24 . 00 .
The cost per hour per vehicle in Roseville is $26 . 00. )
Commissioner Ward questioned how many contracts were being handled
by National School Bus dispatchers. Mr. Stock stated that
presently the dispatcher designated to the Shakopee Dial-A-Ride
program also receive calls from Southwest Metro and Plymouth Metro
Link service areas. Mr. Stock noted that there are three
dispatchers taking calls from these three transit service areas at
this time. Mr. Stock went on to state that there are approximately
ten Dial-A-Ride vehicles servicing the aforementioned service
areas. Mr. Stock also stated that if Southwest Metro is successful
in acquiring their own vehicles, that when the management portion
of the contract is negotiated, that we will have more control in
determining the geographic location of the dispatching headquarters
and also the number of dispatchers needed to adequately handle our
service area. Mr. Stock noted that this is possible now but that
the cost to have the type of service that we desire is prohibitive
at this time, given the fact that we also have to lease vehicles
under the contract.
Mr. Stock stated that he is proposing that the City of Shakopee
counter with a variable rate schedule based on the number of
passenger trips provided by National School Bus. Mr. Stock stated
that the current average number of passenger trips per hour in our
program equates to approximately 3 . 35. Mr. Stock then shared with
the Committee the Incentive Variable Rate Program that he has
Minutes of the Page - 3
Energy and Transportation Committee September 18, 1991
developed. The rate program has been generally set up to maintain
a fairbox recovery ratio of approximately 15%. Mr. Stock stated
that the fairbox recovery ratio is important because it is a
Regional Transit Board guideline. If we fall below the fairbox
recovery ratio for an extended period of time, the Regional Transit
Board may impose mandated changes to our program in order to bring
up the fairbox recovery ratio.
Stolarcek/Roman moved to support the development of an incentive
variable rate program with National School Bus on a twelve month
basis. Motion carried unanimously.
Otto/Stolarcek moved to request staff to continue to investigate
the possible subcontract arrangement with Southwest Metro Transit
Commission and/or Minnesota Valley Transit Commission if they in
fact acquire Dial-A-Ride vehicles. Motion carried unanimously.
Mr. Stock shared with the Committee the recycling and transit
monthly reports. Mr. Stock also shared with the Committee the new
transit brochure that has been designed. Their brochure includes
answers to the ten most asked transit questions.
Mr. Stock stated that he has received a call from the Workplace,
inquiring whether or not the City of Shakopee would be interested
in acquiring materials for recycling carts. The Workplace would be
interested in assembling the carts for a small fee. Mr. Stock
stated that there are presently dollars available from Scott County
that could be utilized to acquire recycling carts. The recycling
carts have been designed so that the recycling container that
Shakopee residents have can be placed on the cart and easily taken
to and from the curb. The cost for the materials for the recycling
cart are $16 . 50 per cart. The assembly cost is $2 . 77 per cart.
Mr. Stock stated that he has seen the recycling carts and, in his
opinion, they are not very effective. He went on to state that the
number of people that would probably have a need for a cart are
very few. He stated that since Shakopee has alley collection of
recyclables, the majority of Shakopee residents simply keep their
recycling container in the alley and dispose of their recyclable
materials when they take out their regular refuse. It has been
said by some that the recycling carts are beneficial to senior
citizens. Mr. Stock stated that, in his opinion, the senior
citizens generally have very little refuse to dispose of, let alone
recyclable materials. He stated that the amount of recyclables
that a senior household generates in a month can be carried out in
one grocery bag.
Commissioner Stolarcek concurred with Mr. Stock. She stated that
while there may be money available at the County for this type of
program, she did not believe that it would be a cost effective use
of the dollars. She questioned what would happen to the money if
it is not used by the City in 1991. Mr. Stock stated that he
Minutes of the Page - 4
Energy and Transportation Committee September 18, 1991
believed that the County grant dollars would be carried over into
1992 . Ms. Stolarcek stated that she felt that it would be more
beneficial to have the dollars carried over into 1992 to fund
programs that have been determined to be effective for the City of
Shakopee, such as the Spring Cleanup Day. It was the consensus of
the Committee that the recycling cart idea should not be pursued at
this time.
Reinke/Roman moved to adjourn the meeting at 8 : 30 p.m. Motion
carried unanimously.
Barry A. Stock, Recording Secretary
47
BUSINESS UPDATE FROM CITY HALI.
Vol. 5 No. 11
Dear Chamber Member: November 1, 1991
City Clerk Committee may be forced to recommend to
City Council significant reductions in
VOTE TUESDAY, NOVEMBER 5TH - Dial-A-Ride service.
•
City of Shakopee regular election and This year's Fall Waste Collection Day has
School District No. 720 Referendum. The been scheduled for Saturday, Nov. 9th.
five polling places in the City of Shakopee The disposal site for yard waste and
will be open from 7:00 am to 8:00 pm for branches will be located behind the Public
Shakopee residents. Residents of Works building just off Gorman St.
Jackson and Louisville Townships vote at Shakopee residents may dispose of yard
their normal township polling places. waste and branches at no charge between
the hours of 8 am and 3 pm on Nov. 9th.
At their regular meeting on October 1st, The program is being funded through a
City Council approved a wine and 3.2 grant that have been received from Scott
beer license for Shakopizza Inc., County.
dba/Broadway Station at 483 So.
Marschall Road. The Shakopee Community Development
Commission has recently completed the
Community design of a new residence guide that has
Develcinn exit been developed to inform Shakopee
residents of the various opportunities
The Shakopee Energy and Transportation existing in Shakopee in terms of recreational
Committee is currently evaluating whether opportunities, community organizations, city
or not the Dial-A-Ride contract with services and general informational data.
National School Bus Services Inc. should The residence guide includes a color
be renegotiated. The existing contract coded map of the City of Shakopee
provides for a 3 year extension if including platted streets and community
approved by both parties. To complicate parks. The residence guide will be a useful
the renewal process, the Regional Transit tool for both new Shakopee residents
Board is considering the adoption of entering our community and current
regional fare box and subsidy per residents. Copies are available at City Hall
passenger trip standards that would and the Chamber of Commerce office.
adversely impact the City of Shakopee's
Dial-A-Ride program. Essentially, the
Regional Transit Board proposed policies UN.A.NCL
and guidelines would deprive the City of
Shakopee from transit tax dollars that City Council will hold a budget hearing on
have been earmarked for transit services November 26, 1991 at 7:00 pm in the City
in Shakopee. City staff has been in Hall council chambers to consider and
contact with RTB officials and local adopt the 1992 budget and payable 1992
legislators in an attempt to have the tax levy. The budget basically maintains
policies amended to accurately reflect the existing services and the tax levy is a 6.6%
intent of the original opt-out transit increase over pay 1991 property tax levy for
legislation. If we are unsuccessful in the City.
changing the proposed policies and
guidelines, the Energy and Transportation
Utiildiiit The Public Works Department reminds
everyone that the winter snow parking
The warming house picnic shelter being restrictions go into effect on November 15th
constructed in J.E.J. park is nearing and also that all property owners and
completion. A joint venture of the building businesses are responsible for shoveling
and engineering departments. The their sidewalks within 24 hours after a
majority of the improvement was funded snowfall. Your cooperation in these two
with a State grant. areas would be greatly appreciated.
When completed, this facility will provide a !planning
warming house with restroom facilities for
the young skaters in the neighborhood and On October 3, 1991, the Shakopee Planning
will function as a picnic shelter with Commission approved Conditional Use
restroom facilities for area groups in the Permits for three buildings in excess of 45'
spring, summer and fall. for Rahr Malting. They also approved a
Conditional Use Permit for Sylvester
The building department has received a Gerold which will allow his son to continue
number of comments from neighborhood living in a mobile home on the family farm.
residents who have expressed their
appreciation and approval. The Public Hearing to consider an
application by Raymond Ames for a
Eneiiieeri nt \IDublic Conditional Use Permit for mineral
extraction and land rehabilitation was
`Vol-Ks continued to Oct. 17, 1991 . During the
Oct. 17th Special Session, the application
The 3rd and final major transportation was again tabled until Oct. 30th, to allow
project had its groundbreaking on Oct. 15, the applicant additional time to prepare
1991, namely the Bloomington Ferry Bridge. his presentation to the Commission.
Combined with the Shakopee Bypass and
T.H. 169 Bridge, all 3 projects will be under The application to amend a Conditional
construction at the same time. The T.H. Use Permit for the Shiely Company was
169 Bridge is scheduled for opening in tabled until the Nov. 7, 1991, Planning
1993, the Shakopee Bypass in 1994 and the Commission meeting. This amendment
Bloomington Ferry Bridge in 1995. would permit the applicants to expand
their excavations to the west side of their
The Tahpah Park sprinkler system and property along Highway 101.
watermain project is nearing completion.
In addition, the Planning Commission
The first course of asphalt is scheduled to recommended that the City Council
be paved on 2nd Avenue in early approve an amendment to the City Code.
November. The final asphalt, sodding and This amendment would clarify the
final restoration will not be completed until terminology in the list of permitted uses
next spring. within the Highway Business District. The
Planning Commission also moved to set a
The City Council has approved a contract Public Hearing date of Nov. 7, 1991, to
with Short-Elliott-Hendrickson, Inc. to consider the rezoning of a residential area
prepare a comprehensive sewer plan for near 5th Ave. and Market St. from R-2
Shakopee. (Urban Residential) to a higher density.
•
October 22, 1991 •wor
George Realander
206 Main Stree*
Shakopee, Minnesota 55379 OCT 2 3 of
Y OF SHAKOPEE
Judith Cox City Clerk
City of Shakopee
129 1st Ave East
Shakopee, Minnesota 55379
Attached please find copy of Minnesota Pollution Control Agency regulation
pertainigg to Re.;reational Fires. Since my bonfire pit has been the center
of a recent complaint possibly you would pass this letter along to the city
council to determine if they can find any restrictions other than those
listed that may apply and advise local officials accordingly. It is my
intent to avoid complaints and live within the rules that apply.
i erely,
Ge or e. Re and
io/2 J9/
CC n
$4-1-1-A-Pi
�
y.
L'` % y 10/01/91 (REVISOR I CMR/JC MR1705ST "'-
1 E. , the delegated authority requests removal of the
,a
2 authority. ,
3 7005.0775 COMPLIANCE WITH OTHER LAWS.
i 4 Open burning must be conducted according to parts 7005.0705
S to 7005.0815, local ordinances, state fire marshal rules, and
lt
6 statutes and rules of other state agencies, regardless of
7 whether a permit is required by parts 7005.0705 to 7005.0815.
i
8 Nothing in parts 7005.0705 to 7005.0815 shall be construed to
J• 9 allow open burning in those areas in which open burning is
10 prohibited by other laws, rules, regulations, or ordinances
11 which are more restrictive.
1
12 7005.0785 RECREATIONAL FIRES.
13 Fires set for recreational, ceremonial, food preparation,
i 14 or social purposes are allowed and do not require an agency
15 permit. The material to be burned must be limited to a pile no
16 larger than three feet in diameter by three feet high. Only
3
17 u d and untreated wood, coal, or charcoal may be bur -•
• 18 7005.0795 OPEN BURNING ON FARMS.
19 A person who operates land used for farming may burn solid
- 20 waste generated from the person's household or as part of the
21 person's farming operation without an agency permit, as provided
22 by Minnesota Statutes, section 17.135. The burning of the solid
23 waste must comply with the conditions established in part
24 7005.0715, subpart 4, the prohibitions established in part
25 7005.0725, and the requirements of Minnesota Statutes, section
1 26 17.135.
i . 27 7005.0796 OPEN BURNING OF LEAVES.
28 A town or home rule charter or statutory city located
/ 29 outside the metropolitan area as defined in Minnesota Statutes,
30 section 473.121, subdivision 2, by adoption of an ordinance, may
j 31 permit open burning of dried leaves within the boundaries of the
•( 32 town or city, as provided. by•Minnesota Statutes, section
33 116.082. The burning of dried leaves must comply with the
34 conditions established in parts 7005.0715, subpart 4, 7005.0725,
10
Henry J. Kalis Minnesota
State Representative _,M
House of
District 29B _
Blue Earth, Faribault, Freeborn, Representatives
Martin and Waseca Counties
Robert Vanasek,Speaker
CHAIR,TRANSPORTATION COMMITTEE
COMMITTEES: APPROPRIATIONS-ECONOMIC DEVELOPMENT, INFRASTRUCTURE, AND REGULATIONS DIVISION;
October 14 , 1991 AGRICULTURE; HEALTH AND HUMAN SERVICES
MEMORANDUM
TO: Mayors; City Councils, Public Works Director and/or
City Engineers of the Southwestern Suburbs
Chambers of Commerce
FROM: Rep. Henry J. Kalis, Chair
Committee on Transportation/MN House of Representatives
SUBJECT: Transportation Committee Meetings
As part of the House of Representatives October Mini-
Session, the Transportation Committee will hold two meetings
simultaneously as scheduled:
Tuesday, October 29, 2 - 4 P.M.
Burnsville City Hall, Community Room
100 Civic Center Parkway, Burnsville
Chair: Rep. Harold Lasley
Shakopee Knights of Columbus Hall
1760 Fourth Avenue East, Shakopee
Chair: Rep. Henry J. Kalis
Agenda for both meetings:
1. Collector Streets: The problem and some possible
solutions, including transportation
utility fees
2 . Local Transportation Concerns
These meetings are open to the public. Please relay this
information to anyone you think might be interested. Thank you.
Rural Route 1, Box 55,Walters, Minnesota 56092 (507) 294-3147
ow State Office Building, St. Paul, Minnesota 55155 (612) 296-4240
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
COMMITTEE OF THE WHOLE SHAKOPEE, MINNESOTA OCTOBER 8, 1991
Mayor Laurent called the Committee of the Whole together at 9:00
p.m. , following a joint Shakopee City Council and School Board
meeting. Councilmembers present: Cncl. Wampach, Clay, Vierling,
Zak, and Sweeney. Staff present: Dennis Kraft, City
Administrator; Dave Hutton, City Engineer; Gregg Voxland, Finance
Director; Barry Stock, Assistant City Administrator.
Sweeney/Vierling moved to approve the meeting minutes of August 27
and August 28, 1991. Motion carried unanimously.
City Administrator stated that the City Council had directed staff
to prepare a draft program for early retirement. This proposal is
now being presented to the Committee for their recommendation to
City Council.
Cncl. Sweeney questioned the benefit to the City of the proposed
City Employee Early Retirement Plan. He added that the benefits
need to be established prior to approving the retirement plan. He
suggested that comments from the applicable employees be solicited.
Sweeney/Vierling moved the retirement plan, as presented, be
forwarded to the City Council for approval.
Cncl. Vierling questioned if a plan similar to that being presented
to them, had been implemented by any other cities. City
Administrator responded that he did not know of another city having
the same figures in their retirement plan.
City Administrator stated that this is a one-time offer to these
employees, this is non-negotiable, and each employee must be
treated the same.
Councilmembers all voiced their concern that the eligible employees
be contacted for comment regarding the early retirement plan.
Cncl. Vierling called for the question.
Motion carried unanimously.
City Administrator stated that the next meeting of the Committee of
the Whole is scheduled for October 22 , which is candidate's night.
He suggested the Committee may want to reschedule their next
meeting.
Sweeney/Vierling moved that the next meeting of the Committee of
the Whole be scheduled for October 29, 1991. Motion carried
unanimously.
Official Proceedings of the October 8, 1991
Committee of the Whole Page -2-
City Administrator updated the Committee on the Brambilla Motors
relocation issue, stating Mr. Brambilla is saying that the City is
not working with him. The City Administrator wanted the Committee
to realize that this is not true. He added he and the Ass't. City
Administrator have presented many options to Mr. Brambilla, all of
which have been turned down by Mr. Brambilla. He added that Mr.
Brambilla has stated he does not want to spend any additional funds
above the money he receives from the State for relocation, he wants
no any additional debt.
Cncl. Vierling stated the City should not be responsible for
private attorney fees incurred during these negotiations.
Cncl. Wampach stated that Mr. Brambilla had informed him that he
has a tape recording of the City's commitment to aid him in the
relocation of Brambilla Motors when the mini bypass was to be
developed. The Committee suggested this tape be brought to the
City Administrator to help resolve this issue and better determine
the City's responsibility to Brambilla Motors.
Mayor Laurent stated that he believes the City has been helpful to
Mr. Brambilla in every way possible.
Cncl. Zak stated that this City Council cannot be impacted by
negotiations made in a non-quorum setting by an earlier Council.
Cncl. Sweeney stated his support for Mr. Brambilla is decreasing
because: 1) Mr. Brambilla keeps insisting that the City do things
his way; 2) Mr. Brambilla seems unwilling to live with the
majority vote of the City Council; 3) Mr. Brambilla wants to
review City Council procedure, which is not an issue that needs to
be addressed by Mr. Brambilla or his attorney. He added that staff
should not feel they have to respond to these questions on
procedures; that is why the City hired a City Attorney.
Cncl. Sweeney stated the city should not spend any more time on the
Brambilla Motor's relocation issue because all possibilities seem
to be exhausted.
Mayor Laurent stated he has one more meeting with Mr. Brambilla and
his attorney and would like to keep this meeting in hopes that he
may get this issue settled.
City Engineer was present to discuss the 5-year Capital Improvement
Plan with the Committee. He stated the CIP is just a guide to
establish an order of project importance. Summary of the proposed
1992 projects, in order of priority:
Official Proceedings of the October 8, 1991
Committee of the Whole Page -3-
Street and Highway - Muhlenhardt Road
Vierling Drive (CR 17 to CR 77)
Spencer Street (1st - 9th)
Apgar Street (1st - 6th)
Apgar Street (10th Avenue South)
Downtown Alleys (Spencer - Fuller)
Sidewalk Replacement
Maras Street
Harrison Street (3rd - 6th)
Sanitary Sewer
Stormwater Drainage - Upper Valley Drainage III & IV
Parks - Lions Park Pond/Trail Extension
Shakopee Municipal Pool Repairs
Tahpah Parking Lot Trees/Shrubs
Lions Park Tennis Courts
"Rain Drip" for municipal pool
Stans Park Land Acquisition
Municipal Building - New City Hall
Fire Department - Fire Station #2 Land Acquisition
3M Opticon System
Cncl. Sweeney stated his opposition to the Fire station No. 2
acquisition and the 3M Opticon system.
Discussion was held on other land researched for a second fire
station. Cncl. Sweeney suggested terminating any negotiations with
other property owners for fire station acquisition since the City
owns four acres plus on Gorman Street.
Cncl. Vierling reminded the members of the agreement with the
Township to provide adequate fire protection, which would almost
have to be at a site further south than Gorman Street.
Sweeney/Zak moved to recommend to the City Council that the issue
of a second fire station site be directed to the Planning
Department for analysis. Motion carried unanimously.
Sweeney/Zak moved to recommend to the City Council approval of the
proposed 1992 Capital Improvement Projects subject to the deletion
of the Fire Station #2 Land Acquisition and 3M Opticon System.
Motion carried unanimously.
Sweeney/Vierling moved to refer the 1993 - 1996 Capital Improvement
Projects to a later Committee of the Whole Meeting.
Further discussion took place on delaying action. Cncl. Sweeney
called for the question.
Motion failed with the vote as follows:
Yes - Zak, Wampach, Sweeney
No - Laurent, Vierling Clay
Official Proceedings of the October 8 , 1991
Committee of the Whole Page -4-
Vierling/Sweeney moved the Capital Improvement Program for 1993 -
1996, as proposed by staff, be recommended to the City Council for
adoption.
Discussion took place. Cncl. Sweeney called the question.
Motion carried unanimously.
Sweeney/Zak moved to adjourn. Motion carried unanimously. Meeting
adjourned at 1 : 50 p.m.
ith S . Cox
'ty Clerk
Jane VanMaldeghem
Recording Secretary
I#3
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Municipal Facility Task Force Report
DATE: October 29 , 1991
INTRODUCTION:
On September 17 , 1991 the Municipal Facility Task Force presented
their findings to City Council for review and consideration. At
that time, the City Council directed the appropriate City officials
to place the municipal facility moratorium issue on a future
Committee of the Whole agenda for further discussion.
BACKGROUND:
Earlier this spring the City of Shakopee passed an interim
ordinance on the 160 acre parcel located immediately south of the
Senior High School. (See attachment #1) At the direction of the
Mayor, a task force was created in May to identify and analyze the
need for municipal facilities within the moratorium area.
The moratorium on the property in question expires on December 18 ,
1991 . State statute permits the extension of the moratorium for an
additional 18 months if it is deemed appropriate. It is also
possible to release portions of the property within the moratorium
area at any point in time.
The intent of the Municipal Facility Task Force work plan was to
provide Council with information on the possible uses of the
property and financing options.
Following is a list of items that Council may want to discuss in
greater detail at the worksession:
1 . Community needs and acreage requirements recommended by the
Task Force.
2 . Official mapping of designated roadways within the moratorium
area.
3 . Release of property within the moratorium area.
4 . Continuation of the moratorium beyond December 18 , 1991 .
5. Potential financing options.
6 . Community support, needs and interests.
7 . Creation of a subcommittee and survey method to determine
public support.
The previously mentioned items are not listed in any particular
order of significance but should be addressed at some point in the
worksession.
ACTION REOUESTED:
Discuss the issues identified herein and make recommendations to
City Council as deemed appropriate.
Attachment #1
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Attachment #2
Municipal Facility Task Force
Proposed Work Plan
Council Directive: Identify and analyze the need for municipal
facilities within the moratorium area.
1. The Task Force has identified the follow facility needs as high
priorities. These needs could be accommodated within the
moratorium area.
a. Community Civic Center (Could perhaps include
Ice Arena, Recreational Pool, Meeting
Rooms, Gymnasium Space, Early Childhood,
Family Education, Latch Key, Historical
Displays, etc. ) Facility uses should not
conflict with those offered by private
sector. (15 Acres)
b. Sr. High School Building Addition (32 Acres)
c. Additional Athletic Fields - Soccer, Football
(10 Acres)
d. Sr. Housing, City Hall, Library, Band Shell
(21 Acres)
2 . Based on the needs identified in program element #1 and the
following positive aspects including road access, land
availability, site location and, land value the Task Force
recommends the acquisition of 78 acres within the moratorium
area located North of the intersection of proposed Vierling
Dr. and the Upper Valley Drainageway. The present moratorium
area encompasses approximately 160 acres. The Task Force would
recommend that the City Council and Planning Commission extend
the moratorium on the property located North of the
intersection of the Upper Valley Drainageway and Vierling Dr.
for an 18 month period or until the property can be acquired.
This would provide adequate time to further evaluate financing
options and more accurately identify specific needs and
facility (complex) design options. The Task Force recommends
that the property to the South of the aforementioned
intersection should be released from the moratorium when the
initial moratorium time period expires this December.
3 . Since financing is the most critical issue, the Task Force
would recommend that the City Council direct the appropriate
City Officials to obtain an opinion from the City's Bond
Counsel in regard to the extension of the Tax Increment
District Project Area and the possible use of Tax Increment
Trust Fund dollars to finance all or a portion of any facility
development and/or land acquisition. The Task Force would also
recommend Council consideration and evaluation of the possible
use of Enterprise Funds on a loan basis to fund the acquisition
of any property not specifically needed for municipal purposes
or the possible use of the Capitol Improvement Fund. This
evaluation should also include extensive discussion with the
School District to determine the feasibility of the development
of an agreement with the School District to acquire back from
the City a portion of the property that would be needed for
School expansion purposes.
4 . The Task Force believes that the property in question can be
acquired by a friendly taking. Vacant unplatted property
generally sells for approximately $7000. 00 per acre.
The Task Force believes that in a worst case scenario, should
the property be acquired, it would appreciate and any future
sale of property that is not needed would result in a net gain
for the City. This being the case, the Task Force would
recommend that City Council consider directing the appropriate
City officials to begin negotiations with the property owner to
acquire the. aforementioned property (78 acres) . The Task Force
would recommend that the Council consider using a combination
of the Capitol Improvement Fund and Enterprise Funds to secure
acquisition. The possibility of negotiating with the developer
advanced location of land for future Park Dedication
requirements may also have a positive impact on reducing the
acquisition cost.
5 . Due to the wide array of community needs and interests, the
Task Force would like to recommend that if Council proceeds in
acquiring property that a sub-committee of the Parks Advisory
Board be created to more accurately refine the recreation and
leisure needs of the community. The Task Force would recommend
that the sub-committee investigate utilizing a survey method to
determine residents desires for services and facilities and
also their willingness to pay for these services .
DOCS\MUNICIPA
LA
MEMO TO: Honorable Mayor and Council
FROM: Dennis R. Kraft, City Administrator
RE: League of Minnesota Cities (LMC) 1992 Proposed City
Policies and Priorities and Policy Adoption Meeting
DATE: October 22 , 1991
Attached please find a copy of the Proposed City Policies for 1992
which has been prepared by the League of Minnesota Cities. The
policy adoption meeting will be held on Thursday November 21st
starting at 8: 00 A.M. in the Registry Hotel in Bloomington. If you
are interested in attending this meeting please contact either Toni
Warhol or myself no later than Friday November 8th.
One of the items for the agenda of the Committee of the Whole
meeting scheduled for October 29th will be the League of Cities
Policies. If all the policies were to be reviewed in detail the
Council could readily spend 3 or 4 hours. I am recommending that
the City Council focus only on those A or B priority items that
they believe are inconsistent with the position of the City. A
cursory review of these policies has indicated to me that the City
is by in large in agreement with a large majority of the policies.
Once the Council has identified its position on various items, the
delegate from the City will have direction on how to vote at the
Policy Committee meeting on November 21st.
If any Councilmember has a question on either the policies or the
policy meeting please do not hesitate to contact me.
Attachment
183 University Ave.East
St.Paul,MN 55101-2526
League of Minnesota Cities (612)227-5600(FAX:221-0986)
October 21, 1991
TO: Managers or Clerks (Please distribut- a copy of these
materials to your mayor and counci .1 .-t .rrs)
FROM: Donald A. Slater, Executive Directo. Aft
SUBJECT: 1992 Proposed Legislative Policies and Priorities
One of the most important rights granted to any individual, but
often the least exercised, is the right to vote. As a member of the
League of Minnesota Cities, each city is entitled to vote on the
enclosed 1992 Proposed Legislative Policies and Priorities. During
the League's Policy Adoption Meeting on November 21, Registry Hotel,
Bloomington, member cities will gather together to consider the
League's 1992 legislative agenda. I strongly encourage your city to
be represented and exercise your vote on the proposed policies. An
agenda and registration form are attached for your information.
In addition to the consideration of the proposed policies, city
officials will have an opportunity to hear from a variety of
speakers. The morning session will begin with a message by LMC
President and Rochester Councilmember, Pete Solinger.
From 9 : 15 - 10 : 15 am, Senator Randy Kelly; Steve Sarkozy, City
Manager, Roseville; and Betty McCollum, Councilmember, North St.
Paul have been invited to speak. They will have a panel discussion
on "Cooperation and Consolidation: Legislative Interest and the
Accomplishments of Cities. " Legislation was introduced in 1991,
which would have set up a system to monitor and encourage
cooperation and consolidation for all cities. Cities need to be sure
that Senator Kelly understands cities already operate under a number
of joint powers agreements.
Beginning at 10: 45 am city officials will hear from a panel of
speakers concerning the Local Government Trust Fund. Invited to
speak are Representative Ogren, author of the 1991 House Omnibus Tax
Bill; Morrie Anderson, Assistant Commissioner, Department of
Revenue; and Senator Ember Reichgott, chair of the newly created
Advisory Commission on Intergovernmental Relations (ACIR) . The ACIR
has been charged, with assistance from the Department of Revenue, to
develop a distribution formula for the funds collected by the Local
Government Trust Fund.
Managers or Clerks
Page 2
October 21, 1991
LMC has invited Governor Carlson to speak at the conference luncheon.
Governor Carlson was requested to share his perspective on local
governments and what the future holds, from the Administration's
viewpoint, for the Local Government Trust Fund.
During the afternoon session, members will consider the League's 1992
Legislative Policies and Priorities (copy enclosed) . These policies
were created by over 200 dedicated city officials attending meetings
at the League's office during the summer months. The League of
Minnesota Cities owes a great debt to these city officials, they spent
many hours developing this policy document.
I hope your city will be represented at the League's Policy Adoption
Conference. To register for the conference, please return the
attached registration form to the League of Minnesota Cities, c/o
Finance Department, 183 University Avenue East, St. Paul, MN 55101.
In order to save postage costs, LMC is mailing one policy booklet per
city this year. Please distribute this information to your mayor and
council on our behalf.
If you need additional copies or information, please contact Lynda
Woulfe or Mary Diedrich at the League office.
•
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` Steve Sarkozy, City Manager, (invited)
_, "• ,,.. - N>_Roseville - .- . 1:30 p.m. Consideration of LMC,Proposed Policies
x Betty McCollum,Councilmember, t4 ,• k. : t ,
Development Strategies s• w
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I 'Registration deadline• MCPolicy AdoptionMee ng
L November 14, 1991 Registration form Thursday,November 21,1991
= League of Minnesota Cities
�- r > Policy Ado'tion.Meeting
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4
League of Minnesota Cities
Legislative Policy Committee Members
Development Strategies Elections and Ethics
William T.King,Community Development Dir., Mary Mueller,City Clerk,Apple Valley--Chair
Brooklyn Park—Chair Karen Anderson, Councilmember,Minnetonka
Duke Addicks,State Legislative Liaison,Minneapolis Glen Dale Anderson,Councilmember,Pine River
Duane D.Aden,City Administrator,Marshall Francene Clark-Leisinger,City Clerk, Mound
Steve Ahmann,Councilmember,Willmar Judith Cox,City Clerk,Shakopee
Cynthia Albright,Councilmember,Duluth Greg Engdahl, Clerk, St.Cloud
Bruce C.Anderson,Mayor,Argyle Darien George,City Clerk,Crystal
Jeff Arnold,Councilmember,Morris J. Diann Goetten,Councilmember,Orono
Jay Backer,City Administrator,Chisholm Carole Grimm, Minn.Clerks and Finance Offices Assn.,
Bonnie Balach,Mayor's Office, St. Paul Rochester
Steven Boehlke,Mayor,Montevideo Sue Johnson,City Clerk,Rosemount
William W. Burns, City Manager,Fridley Brad Jorgens,Councilmember, Beardsley
Dave Callister,City Administrator,Tonka Bay Gus Knorr,Mayor,Windom
Jackie Cherryhomes,Councilmember,Minneapolis Dianne Latuff,Asst.Manager Clerk,West St. Paul
David Childs, City Manager,New Brighton Myrna Maikkula,City Clerk, Brooklyn Park
Robert A.Durbin,Councilmember,Young America Joyce Mercil,Director of Elections,Minneapolis
John Frohrip,HRA Executive Director, Sauk Rapids Elaine Niehoff,Councilmember,Melrose
Jean L. Harris, Councilmember,Eden Prairie Doris Nivala, Administrator-Clerk-Treas.,Ham Lake
Terri Heaton,Deputy Director Administrative Services, Al Olson,City Clerk, St. Paul
Bloomington Susan Powers,City Clerk, Burnsville
Liz Jensen,Councilmember,Mound Joanne Student, Deputy Clerk,Columbia Heights
Barry P.Johnson,City Administrator,Woodbury Liz Witt,Deputy Clerk,Eagan
Dean Johnson,Community Development Director, Evelyn Woulfe,City Clerk,Bloomington
Rosemount
Jeffrey E.Karlson,Clerk-Treas.,Annandale General Legislation and Personnel
Kevin Maas,Economic Development Director,Chaska
Paula Maccabee, Councilmember,St. Paul Mark Nagel, City Manager, Anoka--Chair
Steve Mercil,Exec. Director Development Authority, Richard Abraham,City Administrator,Lake City
Crookston James Attwood,Concilmember,Howard Lake
Steven Mielke,City Manager,Hopkins Gary Bastian,Mayor,Maplewood
Larry Mitchell,Councilmember, St.Louis Park Shirley Blaisdell,Clerk-Treas.,Emily
John Moravec,Councilmember,Crystal Lynn Boland,Personnel Director, Apple Valley
Fred Naaktgeboren,Councilmember,Buffalo Frank Boyles, Asst.City Manager,Plymouth
John O'Rourke, Mayor,Austin Lorraine Browne, Mayor, Atwater
Lyle Puppe,Councilmember,Cottage Grove Larry G. Buboltz,Mayor, Detroit Lakes
George Rossbach,Councilmember,Maplewood Thomas Burt,City Manager,St. Anthony
Alan Smith,Councilmember,Cottonwood Joan Campbell,Councilmember, Minneapolis
Paul Steinman, Development Director, Big Lake Jerry Carrier, Administrator,Braham
David Thompson,Councilmember,Golden Valley James Cosgrove,Clerk, South St. Paul
Craig Waldron,Economic Development Director,Roseville Patricia Crawford,Clerk-Treas., Motley
Daniel Weiss,Councilmember,St.Cloud Mike Cmobrna, Personnel Director,Burnsville
Charles Whiting,City Administrator,Janesville Steven L.Devich,Asst. Manager,Richfield
Alf R.Wikstrom,City Administrator,Young America David L. Dinnel,Councilmember,Ortonville
Policy Committee Members Page 1
Holly Duffy,Asst. to Administrator,Eagan Marvin Johnson,Mayor,Independence
Jerry Dulgar,City Manager,Crystal Carol Johnson,Councilmember,Minneapolis
Glenn Gabriel, Director Public Safety,Mankato Mark Karnowski,Administrator,Lindstrom
James Genellie,City Clerk,Hopkins Linus H.Knobbe,Councilmember,Rose Creek
Karl Glade,Councilmember,Alexandria Roger Knutson,City Attorney,Lakeville
Gene Grail, Mayor's Office,St. Paul Roger Laufenburger,Councilmember,Lewiston
Holly Hansen,Northern Dakota Cable Comsn,W.St. Paul Larry Lee,Community Development Director,
Ken Hartung,Asst. Administrator,Woodbury Bloomington -
Dick Hierstein,City Administrator,Owatonna Harry A.Lyon,Jr.,Councilmember,North St. Paul
Brian Holzer,Fire Chief,Burnsville Dean Massett,Council Administrator,Red Wing
David Jacobson,Mayor,Wells John McLouth,Water Superintendent,Mora
Stephan Jilk,Administrator,Rosemount Robert F. Morgan,City Administrator,Branch
Melvin Kilbo,Orono Police Chief,Crystal Bay Craig Morris,Mayor,Lakeland
Tony Knapp,Councilmember,Mankato James Pengra,Councilmember,Jackson
Kent Michaelson, Director Personnel Labor Relations, Roger Plumb,Engineer,Rochester
Bloomington Ernest Priebe,Councilmember,Hatfield
Mansel Mitchell, Police Chief,St.Louis Park Paul Setzepfandt,Councilmember,Bird Island
Ron Moorse,Administrative Asst.,Roseville Kathleen Sheran,Councilmember,Mankato
Ken Orttel,Councilmember, Andover Chuck Siggerud,Public Works Director,Burnsville
Desyl Peterson,City Attorney,Minnetonka Betty Sindt,Councilmember,Lakeville
Clarence Ranallo, Municipal Liquor Store Assoc., Dave Smiglewski,Councilmember,Granite Falls
Sc. Anthony Eric Sorensen,City Manager,Winona
Mike Reardon,President,MACTA,Eagan Marsha Soucheray,Councilmember,Shoreview
Robert Schaefer,City Administrator, Inver Grove Heights Glena Spiotta,City Administrator,Sunfish Lake
Gene Schuldt,Councilmember,Elk River Al Storms,Councilmember,Cologne
Susan Schumacher, Personnel Coordinator,Maple Grove Blair Tremere,Community Development Director,
Ulie Seal,Fire Chief,Bloomington Plymouth
Richard Setzler,Clerk-Administrator,Osseo Katherine Trummer,Mayor,South St. Paul
Mary Ellen Spoden,Councilmember,Watkins Gloria Vierling,Councilmember,Shakopee
Joyce Twistol,Clerk,Blaine Richard Waataja,Clerk-Treas.,Cook
Wayne L.Weber,Mayor,Sherburn Bernard Weitzman,Councilmember,Lilydale
Charles Winkelman,Mayor,St.Cloud Jeffrey W.Weldon,Asst.to Administrator,Apple Valley
Karen Youngblom,Clerk-Treas.,Brook Park Gene White,Councilmember,Prior Lake
Betty Zachman,Clerk-Treas.,Winsted Chuck Wolden,Councilmember,Owatonna
•
Land Use, Energy, Environment, Revenue Sources
and Transportation
Bob Long,Councilmember,St.Paul--Chair
Marty Pinkney,Councilmember,Moorhead--Chair Larry Bakken,Mayor,Golden Valley
Robert P. Ambrose,Councilmember,Wayzata Bill Barnhart,Local Liaison, Minneapolis
Jerome Bohnsack,Clerk Administrator,New Prague William Bassett,City Manager,Mankato
Gerald Breuer,City Administrator,Staples Mark Berg,Councilmember,Red Lake Falls
E nice Bullert,City Engineers Assoc.of Minn.,Savage Gary R.Berger,City Administrator,Arden Hills
Douglas F.Bunker, City Administrator,Madison Edward Burrell,Finance Director,Roseville
Milton Burstad,Councilmember,Thief River Falls Paul Ciernia,Councilmember,Falcon Heights
Chuck Canfield,Councilmember,Rochester Charles Darth, Intergov.Relations Director,Brooklyn Park
Jeffrey Dains,Councilmember,Lauderdale Terry Dussault,Asst.to City Manager,Blaine -
Roger J. Goswitz,Councilmember, St. Paul Kevin Frazell,City Administrator,Cottage Grove
Henry Gredvig,Councilmember,Crookston Leonard R.Green,Councilmember,Kensington
John F.Hanscom,Councilmember,Faribault Robert Haarman,Administrator,Sauk Rapids
Richard Hefu,Public Works Director,Rosemount Chris Hagelie,Administrator,St.Cloud
Sue Hess,Councilmember,St.Cloud Blaine C.Hill,Clerk-Treas.,Breckenridge
Joyce Iverson,Clerk,Rushford Village Robert W.Johnson,City Administrator,Montgomery
Curtis Jacobsen,City Administrator, Howard Lake Darrell Johnson,Treasurer-Finance Officer,Winona
Gloria Johnson,Councilmember,Golden Valley Ferner"Skip"Johnson,Councilmember,Mound
Vernon A. Johnson,Councilmember,Roseville David J.Kennedy,City Attorney,Crystal
Page 2 League of Minnesota Cities
Duane Knutson,Mayor,Fertile Federal Legislative
Dennis R.Kraft,City Administrator,Shakopee
Mark Lenz,City Administrator,Mahtomedi
Clarence Ranallo.Mayor,St. Anthony--Chair
Lloyd Linda,Councilmember, Bemidji
James W.Antonen,City Manager,Moorhead
Jeff May,Finance Director,Rosemount
Jean McConnell,Councilmember,Rochester Larry Bakken,Mayor,Golden Valley
Paul McLaughlin,Council President, International Falls Bonnie Balach,Mayor's Office,St. Paul
Michael Momson,City Administrator,Big Lake Janet Bush,Federal Liaison,Minneapolis
Jim Nitchals,Administrator,Fergus Falls Steve Cramer,Councilmember,Minneapolis
LaNene Olsen,Councilmember,Northfield Robert J.Cully,Mayor,Jordan
Lyle R. Olson,Director Administrative Services, Dennis Filipek,Councilmember,Loretto
Bloomington Kathleen Gaylord, Councilmember,South St. Paul
Frank
Bloomington
,Mayor's Office,St.Paul Toni Hengested,Councilmember,Dellwood
Todd Prafke,Quad Cities Administrator, Minnesota Lake Frank Jewell,Councilmember,Duluth
Craig Rapp,City Manager,Brooklyn Park Millie MacLeod,Councilmember,Moorhead
Steve North, Asst.City Manager,Roseville
Bryan,Read,City Administrator,Kenyon
Al Ringsmuth,Mayor,Waite Park Steven Perkins,City Administrator,Luveme
Frank Salerno,Mayor,Ely Neil Peterson,Mayor,Bloomington
Mark Sievert,City Administrator, St.James Yvonne Penner,Councilmember,Duluth
Greg Sparks,City Administrator,Worthington Don Ramstad,Deputy Mayor, Maple Grove
David Unmacht, City Manager, Prior Lake Tony Scallop,Councilmember,Minneapolis
Dan Vogt,City Administrator, Brainerd Peter Bolinger,Councilmember,Rochester
Bill Wells,Asst. to City Manager,Burnsville
Bill Waller,City Coordinator,Wells
John Young,Jr.,Councilmember,Hawley
James Willis,City Manager,Plymouth
Liz Witt,Depty Clerk,Eagan
•
Policy Committee Members Page 3
League of Minnesota Cities
General Policy Statement
One of the most important purposes of the League of Minnesota Cities is to serve as
a vehicle for cities to define common problems and develop policies and proposals to
solve those problems.
The League of Minnesota Cities represents 802 of Minnesota's 855 cities as well as
10 urban towns and 20 special districts. All sizes of communities are represented among
the League's members (the largest non-member city has a population of 248) and each
region of the state is represented.
The policies that follow are directed at specific city issues. Two principles guide
the development of all League policies:
1. Minnesota cities need a governmental system which allows flexibility and authority
for cities to meet challenges for governing our cities and providing our citizens with
services while at the same time protecting cities from unfunded or underfunded
mandates, liability or other financial risk, and restrictions on local control; and
2. That the financial and technical requirements for governing and providing services
necessitate a continuing and strengthened partnership with federal state, and local
governments. This partnership particularly in the areas of finance, development,
housing, environment, and transportation is critical for the successful operation of
Minnesota's cities and the well-being of city residents.
Priority setting
"A" priority indicates a major issue area to which the League would devote a large
amount of time and resources, working actively with legislators and other groups to seek
new laws or regulations, and when appropriate introduce legislation.
"B" priority indicates issue areas that are important to cities but on which the
League would probably spend less time unless the Legislature or other groups mount a
major effort to which the League would respond.
"C" priority indicates issue areas to which the League would respond only when
other groups raise the issue and to which the League would not commit a significant
amount of staff time.
LMC General Policy Statem ent Page 5
League of Minnesota Cities
Proposed Policies
Contents
Page Number
Legislative Policy Committee Members 1
General Policy Statement 5
Development Strategies
Policy Priority
DS-1. Community Development A 11
DS-2. Development of Polluted Lands A 11
DS-3. Development Financing B 12
DS-4. Economic Development and Redevelopment B 12
DS-5. Housing B 12
DS-6. Municipal Service Districts B 13
DS-7. Prevailing Wage B 14
DS-8. Tax Increment Financing B 14
DS-9. Tax Relief for Rehabilitated Properties B 15
DS-10. Economic Development Authorities C 15
DS-11. Shortened Foreclosure Period on Abandoned Residential Property and
Vacant Buildings C 15
DS-12. Small Cities Community Development Block Grant Programs C 16
DS-13. State and Local Economic Development and Redevelopment Fund C 16
DS-14. Tax Exempt Status of Land Cities Hold for Development C 17
Elections and Ethics
Policy Priority
EE-1. Presidential Primary A 18
EE-2. Schedule for Redistricting A 18
EE-3. Local Elections B 19
EE-4. Voter Fraud B 20
EE-5. Mail Balloting B 20
EE-6. Structure of City Government B 20
EE-7. Lobbyist Reporting Requirements C 20
- EE-8. City Election Campaigns C 20
EE-9. Optional Poll Hours C 21
EE-10. Authority to Fill Vacancies by Appointment C 21
EE-11. Absentee Balloting C 21
EE-12. Removal of Candidate Name from Ballot C 22
EE-13. Absentee Ballots for Hospitalized Voters C 22
Proposed Policies Page 7
General Legislation and Personnel
Policy Priority
GLP-1. Mandates A23
GLP-2. Open Meetings and Data Practices A 23
GLP-3. Use of Deadly Force A 24
GLP-4. Comparable Worth B 24
GLP-5. Employee Benefits B 25
GLP-6. Employee Training and Education Requirements B 25
GLP-7. Local Police and Paid Fire Relief Associations B 26
GLP-8. Minnesota Public Employment Labor Relations Act (PELRA) B 26
GLP-9. Presumptions for Workers' Compensation Benefits B 27
GLP-10. Public Contracting B 28
GLP-11. Public Employees Retirement Association (PERA) Benefits,Financing,
and Administration B 29
GLP-12. Tort Liability and Insurance B 29
GLP-13. Veterans' Preference B 30
GLP-14. Gopher State One-Call C 30
GLP-15. Liquor Issues C 31
GLP-16. Utility Service Territories C 31
GLP-17. Cable Communications C 31
GLP-18. Military Leaves C 32
GLP-19. Volunteer Firefighters C 32
Land Use, Energy, Environment, and Transportation
Policy Priority
LUEET-1. Annexation A 33
LUEET-2. Solid and Hazardous Waste Management A 33
LUEET-3. Street and Highway Funding A35
•
LUEET-4. Wastewater Treatment A 37
LUEET-5. Transit Funding B 38
LUEET-6. Transportation Structure and Responsibility B 39
LUEET-7. Water Conservation and Preservation B 40
LUEET-8. Zoning, Subdivision, and Planning Statutes B 41
LUEET-9. Energy Conservation C 42
LUEET-10. Environmental Trust Fund C 42
Page 8 League of Minnesota Cities
Revenue Sources
Policy Priority
RS-1. Property Tax Reform and State Aid to Cities A 44
RS-2. Elimination of Levy Limits A 45
RS-3. City Fund Balances B 46
RS-4. Penalties and Interest on Delinquent Property Taxes B 46
RS-5. Service Fees for Government-owned Property B 47
RS-6. State Administrative Costs B 47
RS-7. Taxation Hearing and Notification Law ("Truth in Taxation") B 47
RS-8. License Fees C 48
RS-9. Sales Ratio Issues C 49
RS-10. State Audits and City Financial Reporting Requirements C 49
Federal Legislative
Policy
Fl-1. Single Family Mortgage Bonds 50
FL-2. Homelessness/Housing Issues 50
FL-3. HOME Investment Partnership 51
FL-4. HOPE - Home Ownership and Opportunity for People Everywhere 51
FL-5. Incentives to Preserve Affordable Rental Housing 52
FL-6. Removal of Regulatory Barriers 52
FL-7. Comprehensive Housing Assistance Strategy (CHAS) 52
FL-8. FHA Insurance Changes 52
FL-9. Portability of Section 8 Housing Certificates and Vouchers 53
FL-10. Siting of Group Home Residential Facilities 53
FL-11. Mixed Populations 53
FL-12. Anti-Drug Abuse: Prevention and Assistance 54
FL-13. Federal/Local Fiscal Relations 55
FL-14. Federal Mandates 55
FL-15. Solid Waste Management 56
FL-16. Airport Noise Control 57
FL-17. Cable Television RegulatHn 58
FL-18. Rural Development Issues 59
FL-19. Groundwater Protection 60
FL-20. Clean Water Act 61
FL-21. Lead Contamination 61
FL-22. Transportation 62
FL-23. Passenger Facility Charges and Airport Trust Fund Expenditures 63
FL-24. Refugee Assistance 64
FL-25. Social Security Deductions for Election Judges 65
FL-26. Government Accounting Reporting Requirements 65
Proposed Policies Page 9
Proposed Policies
Development Strategies
DS-1. Community Development (A) on a statewide basis. These efforts would first be
Tools are desperately needed to combat targeted to existing communities which are experi-
community decay in a city's most distressed encing these problems.
areas through building,clearance, rebuilding, 4. Cities will also need the financial means to
rehabilitation,and economic development. The address blighted housing and deteriorating com-
League urges the Legislature to create these mercial areas. Additional statewide and local
mechanisms immediately. revenue options should be dedicated to funding
Many communities throughout the state are these efforts.
threatened by physical deterioration and a lack of
economic opportunity. As neighborhoods deterio- DS-2. Development of Polluted Lands
rate, so does a city's ability to combat the prob- (A)
lems of crime, homelessness, etc., that so often The League supports legislation that
accompany community decay. As tax bases would:
dwindle, a city's ability to generate dollars to • Provide a source of funding for a state-
rehabilitate distressed areas decreases. wide revolving loan fund for clean up of
The State of Minnesota has an interest in contaminated sites that have
these efforts. Without attention to these problems development potential;
by cities, the resulting costs are a burden on the • Restore authority to use tax increment
state. A blighted and decayed neighborhood can financing for hazardous substance
spread outward into the rest of a city resulting in subdistricts;
an increased dependence upon state aid. • Make "no action letters" available to the
Community development legislation should . private sector as well as the public sector,
take into account the following: with a requirement for certainty of
1. Community revitalization is important closure;
because of its implications for efficient use of • Create and enforce a development action
existing city and state investments in infrastruc- • response timelines;
ture. • Change the liabilities associated with
2. Community revitalization should be a polluted properties—future "non-
partnership between the state, cities, and commu- responsible" property owners and their
nity residents--both financially and programmati- financing agencies must be able to
cally. Counties and school boards should also be finance and buy property without
encouraged to participate in these efforts liability for the costs of clean-up.
3. Revitalization of communities requires Every Minnesota city has contaminated sites
local flexibility. Community development legisla- within its boundaries that remain polluted because
tion should be sensitive to the differing needs of of the number of obstacles that prevent local
cities. Cities across the state are now facing the government action. Among the roadblocks are
problems once associated only with the central liability issues and financing of up-front costs for
cities of Minneapolis and St. Paul. Tools to clean up. Developers are reluctant to expose
combat community decay are desperately needed themselves to liability for these properties. Clean-
Development Strategies Page 11
up costs often exceed the value of the land so there in developing a method of allocating the authority
is no incentive for private sector intervention. to issue tax-exempt bonds.
Public sector subsidies are therefore critical.
Recent changes in tax increment law have DS-4. Economic Development and
rendered hazardous substance subdistricts useless Redevelopment (B)
in providing assistance with clean-up costs, and The League supports creation of a state
superfund dollars are not sufficient to address this _
development policy setting forth the statewide
need. In addition, there is some question whether goals for economic development and
superfund assistance to clean up a site has negative redevelopment along with tools appropriate for
ramifications for later development. each level of government to achieve those goals.
The Minnesota Pollution Control Agency It is unfortunate that the state has for many
(PCA) is often slow and unwilling to commit on years carried out and revised major economic
the time lines for issuing "no action letters." development programs and expenditures without
Development opportunities can be lost as a result. establishing basic development policies and goals.
Also, while "no action letters" are readily avail- The League of Minnesota Cities supported efforts
able for public entities, they are not available to during the 1991 legislative session to create a
the private sector. In addition, some certainty formal statement of the state's economic develop-
concerning "closure" is needed after a property has ment and redevelopment policy. Passed by both
been cleaned up according to directions by the the House and the Senate, but vetoed by the
PCA. governor, this effort proved the statewide interest
The situation is urgent. Until these obstacles in further development and clarification of eco-
are removed, polluted sites continue to have a nomic development and redevelopment. The
blighting influence on our communities and pose a League commends the ongoing efforts of the
potential health threat to our state's citizens. members of the Economic Development Task
Force. Results of the Governor's Commission on
DS-3. Development Financing (B) Affordable Housing for the 1990s and an agenda
The League supports the continued use of to enact a statewide housing policy should not be
industrial development bonds and other tax- forgotten. This work should also serve as a model
exempt instruments as development tools. for developing a statewide economic development
Tax-exempt financing allows cities to under- and redevelopment policy.
take a diverse range of activities to prevent eco-
nomic deterioration, to attract new businesses and DS-5. Housing (B)
jobs, to retain existing businesses and jobs, and to The League urges the Legislature to
maintain and strengthen the local tax base. continue support for measures which enable
Federal tax legislation has substantially cities to preserve affordable housing stock and
changed the applicability of tax-exempt develop- to finance new construction of single and multi-
ment financing. The League recommends the family housing that meets local needs. The
following principles: League recommends these specific actions:
1. Municipal retention of maximum of 1. The city aid cuts should be repealed for
Minnesota tax-exempt development allocation tax increment financing (TIF)housing districts. -
authority; The tax increments available from low- and
2. Maintenance of local discretion and moderate-income housing projects are frequently -
flexibility in development decisions; and too low to create viable projects, and the needs for
3. Minimizing state control of local develop- such housing are not being fully met. The city aid
ment decisions. The League asks that the governor penalty adopted in 1990 makes this situation
and the Legislature continue to involve the League worse, and it should be repealed.
Page 12 League of Minnesota Cities Proposed Policies
2. The share of market value in the TIF required to provide relocation benefits and assis-
housing project that can be used for purposes tance. Measures that require cities to replace low-
other than low- and moderate-income housing income housing on a one-for-one basis unreason-
should be increased from 20 percent to 35 ably hinder public improvements and stymie
percent. efforts to improve the local economy and standard
The inclusion of a higher share of higher- of living.
income housing or other types of property in a TIF 9. The Legislature should reinstate the
housing district can frequently make possible the language providing that unused building
construction of low- and moderate-income hous- permit surcharge fees in excess of state building
ing which would otherwise not occur. code division costs be returned to local units of
3. State funding should be increased to government.
prevent the loss of federally subsidized units Local units of government levy a one-half
and to maintain publicly owned housing. percent surcharge on building permits which is
4. The differences in property tax class paid to the state to operate the State Building
rates between owner-occupied property and Codes and Standards Division. Until the 1991
rental property should be reduced. Legislature changed the law at the request of the
The first $72,000 of homestead property has governor, any excess fees over actual operating
a class rate of 1.0 percent of market value, while costs were proportionately rebated to local units to
one to three unit rental property has a rate of 3.0 help pay for training and continuing education
percent of market value, falling to 2.5 percent in costs for building officials. Local units of govern-
1994. Rental housing with four or more units has ment are facing tough financial times and need
a rate of 3.6 percent, falling to 3.4 percent in 1993. every available resource, especially one which
These large rate differences discourage the con- could be considered local money.
struction and ownership of multifamily rental
housing. They also discourage the availability and DS-6. Municipal Service Districts (B)
upkeep of single-family housing on a rental basis. The League supports legislation allowing
5. Property tax relief for low-income cities to create municipal service districts.
rental housing should be tied to agreements by Cities should have authority to finance the
developers and property owners to maintain types of improvements listed in Minn. Stat.
affordable rates to assure long-term availability 429.021 (relating to the construction,
of such units, replacement, and maintenance of such things as
6. The procedure for allocating low- streets,sidewalks, gutters, storm and sanitary
income housing tax credits enacted by the 1990 sewers, waterworks systems,street lights and
Legislature should be continued. public lights, and public malls, parks,or
7. The mission and structure of the courtyards). Both service charges and ad
Minnesota Housing Finance Agency should be valorem property taxes should be available to
examined in order to increase the participation finance services or capital improvements in the
of the state and local governments in housing district.
assistance programs. Court decisions concerning special assess-
Such an examination was recommended by ments have made it even more difficult for cities
the legislative auditor based on changing demo- to use special assessments to finance public ser-
- graphic and economic conditions. vices and improvements. The Minnesota Supreme
8. The housing impact and replacement Court has interpreted the Minnesota Constitution
mandates enacted by the 1989 Legislature to require not only that a special assessment
should not be tightened or extended to all cities. project"specially benefit" affected parcels or
Currently, public agencies acquire housing property, but also that the city be able to prove
after extensive due process procedures and are that the market value of a property will increase in
Development Strategies Page 13
direct relation to the amount of the special assess- similar jobs in the community. The present
ment applied to that property. system designates the wage earned by the
This interpretation has created particular largest number of people in a job class as
problems for several important city functions. the prevailing wage. This is the "modal"
First, it is more difficult to assess all (or even part) wage for that class which is not necessarily
of a capital improvement project to repair or the representative wage in a community. _
replace, as opposed to newly built improvements. • Requiring prevailing wages to be paid for
This hinders cities from meeting the widely assisted development projects will increase
recognized need for maintenance of the existing the costs of projects, limiting their size and
public infrastructure. making some of them impossible to
Second, cities' abilities to finance annual execute.
operating and maintenance costs of some services • There are problems in some areas with how
to property through the use of special service the prevailing wage is determined.
charges is either unclear or non-existent under Particularly in Greater Minnesota, the
current law, higher wages paid in the largest city in a
The only current financing alternative to county will dictate the prevailing wage in
special assessments or services charges is the all the smaller communities in the county.
general property tax. But it may not be desirable The actual wages paid in these smaller
to use the general property tax to finance some communities tend to be less than the state-
capital or operating expenses. For example, if a designated"prevailing wage."
road is used almost exclusively by people living in
one corner of a city, it is bad public policy to DS-8. Tax Increment Financing (B)
require the cost of replacing that road be borne by The League supports changes to the Tax
all the property in the city. This is especially true Increment Financing (TIF)laws which will
if the property in the rest of the city has already make this economic development,
been assessed for similar improvements. redevelopment,and housing tool more usable,
Or, if the central business or mall of a city including elimination of the city aid penalty.
benefits from more frequent snowplowing or street Other necessary changes should be developed
cleaning, better lighting, etc., it may not be good by city officials in consultation with legislative
policy to have all the city taxpayers share in those and executive branch personnel.
expenses. Cities have the primary responsibility for the
physical conditions and the development of the
DS-7. Prevailing Wage (B) state's urbanized land. Until 1990, TIF was an
The League supports evaluation of the effective tool, and usually the only tool, available
state's prevailing wage system. The League to cities for positive intervention to arrest the
opposes requiring payment of prevailing wage spread of blight and slums and for encouraging
for economic development and redevelopment sound economic development. Legislative changes
projects that receive assistance from local in the TIF laws in 1988, 1989, and 1990 severely
governments or from the state, including restricted the use of TIF for these purposes. _
grants, loans, tax-exempt bonds,and all other Cities should be allowed to establish eco-
forms of assistance utilized by the government nomic development and redevelopment policies
agency to encourage development. without disruption from a reduction in city aid.
• The League believes that wages earned by The city aid penalty is especially damaging in the
city employees or by employees of firms case of TIF housing districts; with Minnesota's
contracting with cities should be consistent low property tax class rates on homestead housing,
with wages earned by people working at tax increments with the city aid penalty are insuf-
Page 14 League of Minnesota Cities Proposed Policies
ficient to stimulate the needed level of low-income DS-10. Economic Development
and moderate-income housing development. Authorities (C)
Now that sufficient time has elapsed to allow The League supports legislation which
evaluation of the major 1990 changes in the TIF would provide city economic development
laws, cities should work with the legislative and authorities with the same power and authority
executive branches to determine what changes are as certain cities have received in special port
needed in the TIF laws to make the laws most authority acts.
effective in allowing sound economic development The League believes that it is unfair and
and redevelopment. unreasonable to grant greater authority and power
to some cities in the economic development field
DS-9. Tax Relief for Rehabilitated and requests the following changes:
Properties (B) 1. Authorize all cities to designated eco-
The League supports deferring any nomic development areas anywhere within their
additional tax assessment on rehabilitated jurisdiction, not as present law provides which
residential (single or multifamily) property for requires that economic development areas be
five years, providing that the cost of contiguous and meet the tax increment finance
rehabilitation is at least 10 percent of the value (TIE') redevelopment/blighted area test;
of the building and that following the 2. Authorize the issuance of debt with
rehabilitation,the monthly rents on respect to project activities within economic
multifamily housing do not exceed the monthly development districts without a referendum;
limits for low- and moderate-income housing, 3. Authorize the economic development
and the value of any assisted single-family authority to build buildings or structures on land
home does not exceed the maximum allowable the authority owns; and
purchase price for existing homes as 4. Allow cities to choose the number of
determined by the Minnesota Housing Finance council representatives that will be members of the
Agency. board of an economic development authority.
This policy is consistent with the following Presently, the minimum number of council repre-
recommendation of the Governor's Commission sentatives is in state statutes.
on Affordable Housing for the 1990s: "For rental
rehabilitation of low-income housing the Title II DS-11. Shortened Foreclosure Period on
(2.5 percent) classification should be applied for a Abandoned Residential Property and
period of five years after the reassessment. After Vacant Buildings (C)
the five-year period, the property would revert The League supports shortening the
back to its old classification. Tax relief will only foreclosure period on abandoned property
be granted for projects where the total cost of from its present 12 to 18 months to two to three
rehabilitation is at least 10 percent of the value of months.
the building." The League also supports shortening the
Higher property tax payments after a property time frame from 10 days to three days in which
has been rehabilitated and reassessed acts as a owners of a vacant building must comply with
disincentive to rehabilitate both single and multi- securing the building. Also,any building which
family residential properties. Deferring increased is subject of an order under the vacant building
taxes for five years will act as an incentive to statute and remains vacant or unoccupied for
rehabilitate property. six months shall be deemed a "hazardous
building."
Development Strategies Page 15
There are considerable negative spillover program. The League also supports the
effects from allowing a long foreclosure period for continuation of the set-aside of federal funds
abandoned residential property. During the for economic development grants and
current 12 to 18-month foreclosure period, when augmented state appropriations to supplement
abandoned residential property is vacant, it is the federal funds set aside. The League
subject to insufficient security, vandalism, and supports development of a method for
fire. These properties blight the neighborhoods in allocating scarce funds that is free from
which they are located and they deter home own- political influence.
ers in the immediate area from maintaining and The small cities CDBG program should
rehabilitating their own property. Shortening the continue as a source of funding which encourages
foreclosure process will allow housing authorities cities to develop viable communities by providing
to address the problem of abandoned property decent housing and suitable living environments
more aggressively than they are now able to, and and expanding economic opportunities,principally
negative spillover effects can be reduced signifi- for low- and moderate-income people. The state
cantly. Minn. Stat. 582.032 provides that mort- should maintain the CDBG program balance
gages executed after December 31, 1989, securing between cities' economic development needs and
properties which (1) are 10 acres or less; (2) the needs of low- and moderate-income people.
contain residential dwellings of less than five Cities should retain maximum flexibility in deter-
units; and (3) are not agricultural, be provided a mining how to carry out CDBG program objec-
redemption period of five weeks by the court if tives.
evidence is presented that the premises have been The League suggests that an expanded pro-
abandoned (adopted 1989). The Legislature gram require state funds to be used to match local
attempted to create a balance between lender rights funds. The precise matching formula needs to be
to control property which the mortgagor is un- determined. Any local levies to participate in the
likely to redeem and mortgagor rights, which were program should be outside of levy limits. The
protected by requiring court action to reduce the program should be designed to encourage cities to
foreclosure period. There is, therefore, a prece- recycle state funds and the local match. The
dent for reducing the redemption period in appro- purpose of the expanded program should be to
priate circumstances. leverage public funds and to fill in financing gaps.
Buildings that have remained vacant and These funds should not be used to provide finan-
boarded up for six months or more are a growing cial incentives to new or relocating businesses.
problem throughout the metropolitan area. With a
decrease in local funding, local units of govern- DS-13. State and Local Economic
ment must look to the Legislature for other tools Development and Redevelopment Fund
in helping solve this growing issue of vacant (C)
buildings.
The League supports creation of additional
DS-12. Small Cities Community statewide and/or local revenue options
Development Block Grant dedicated to funding economic development
and redevelopment activities.
Programs (C) Cities differ in the emphasis they choose to
The League supports the state's continued put on economic development and redevelopment
administration of the small cities portion of the activities. Cities choosing, or needing, to take an
Community Development Block Grant (CDBG) active role should be allowed to tax their residents
for this purpose.
Page 16 League of Minnesota Cities Proposed Policies
DS-14. Tax-Exempt Status of Land leased to or otherwise used by a private individual,
Cities Hold for Development (C) corporation, or other entity.
The League supports granting unlimited This policy is intended to create an incentive
tax-exempt status to property cities hold for for political subdivisions to engage in economic
later resale to promote economic development. development activities, as well as to promote
Until recently, almost all property a political returning property to the tax rolls. Unfortunately,
subdivision owned was granted tax-exempt status. it does not fully recognize that the process of
In 1979, the Legislature changed the law to pro- developing industrial and economic growth,
vide that property a political subdivision of the rehabilitating, or building housing may extend
state holds for later resale for economic develop- over a long period of time.
ment purposes would be considered a public The provision of improvements and leasing
purpose, and therefore tax exempt for a maximum of one-half of the property discourages cities from
period of three years. In 1984, the Legislature being active in establishing and maintaining local
revised the statute, providing tax exempt status for development corporations, from retaining as much
a period of eight years in most situations and control as possible over their economic develop-
granting an exemption for an unlimited period of ment and planning process, and from being selec-
years if the property is held for housing programs five as to the type of development which may
or is classified as "blighted land" under state law. occur in the city.
The 1984 law provides that property will be Cities have every incentive to get property
taxable if the city acquires it for economic devel- back on the tax rolls as soon as possible. There-
opment purposes, a building or other improvement fore, the League recommends deletion or clarifica-
is constructed after it was acquired, and if more tion of the provision concerning one-half installa-
than one-half of the floor space of the buildings or tion of improvements and removal of the eight-
improvements available for lease to or use by a year limit on tax-exempt status.
private individual corporation or other entity is
Development Strategies Page 17
Proposed Policies
Elections and Ethics
EE-1. Presidential Primary (A) If the Legislature does not provide funds
The League urges the Legislature to from state and/or political party revenues to cover
provide state and/or political party revenues to such costs, the League supports repeal of the
pay for all costs associated with a presidential presidential primary.
primary. In the event that the primary is
conducted by mail, the state must administer EE-2. Schedule for Redistricting (A)
and fully fund all costs of conducting the The League supports changes in the
balloting, recording the results, and adjusting schedule of legislative and local redistricting in
the voter file. order to permit for cities sufficient time to
The League also supports cost-saving mea- update voter records and to make it possible to
sures for conducting the primary at the local level, conduct other elections that must also be held
including: during and after the time in which redistricting
• Placement of all political party presidential must be accomplished.
candidates on one ballot; The League supports the court order
• Nonrotation of candidate names; suspending the timeline for local redistricting
• Voter payment of return postage for until legislative redistricting is completed and
absentee ballots; the suspension of local redistricting deadlines is
• Consolidate precincts; lifted by order of the Special Redistricting
• Shorten hours of polling; Panel.
• State payment of cost of publishing sample Counties, cities, townships, and school
ballot in the local newspaper. districts also hold elections during that time,
The Legislature should modify state election necessitating additional voter registration and
law to authorize these changes for conducting the administrative tasks that must be completed
presidential primary. simultaneously with redrawing precinct and ward
Since the presidential primary is a political boundaries. In 1992, township elections are
activity rather than an actual election, state and/or scheduled to be held March 10; the presidential
political party revenues should be used to pay for primary is planned for April 7; school board
local government expenses, including elections in many districts are to be held on May
• Preparation of ballots and election 19. Candidate filings are scheduled to open for
equipment; state (and some city) offices on July 7. These
• Supplies and personnel (including election intervening election schedules underscore the need
judges and election administrative and to complete redistricting as early in the year as
technical staff); possible.
• Advertising, newspaper notices, and It is imperative for the Legislature to recog-
postage; nize the necessity of consulting with local govern- _
• Polling place rentals and transportation ment to assure that census data and maps of
related to election activities; and precinct and ward boundaries are accurate before
• County costs for maintenance of political adopting a final legislative redistricting plan.
party preference identification on voter It is imperative for the decisions on legisla-
records. five redistricting to be made in a more timely
Page 18 League of Minnesota Cities Proposed Policies
manner. The impact of those decisions on other the date of local elections. Legislative proposals to
levels of government responsible for completing consolidate all local elections raise serious con-
the reassignment of election districts is substantial. cerns for cities. Problems associated with overlap-
Accurate recording and correcting of voter regis- ping election districts, multiple election issues,
tration records and the informing of voters and voter confusion, ballot secrecy, and the need to
potential candidates of the changes that have taken establish cost-sharing responsibilities are difficult
place in the designation of local election districts to overcome. The impact of such circumstances
must also be accomplished at the local level differs from city to city.
following adoption of a legislative plan. City officials support measures to reduce the
The Legislature received census data with conflict between incongruent school and county
which to begin redistricting early in 1991. Cities election districts and the corporate city limits and
have 60 days to redraw local precinct and ward precinct lines. Lack of conformity of school
lines after the Legislature is redistricted. Counties district boundaries with those of cities is a serious
then have another 20 days to redefine county deficiency in conducting combined local elections.
commissioner districts. The League also recommends the following
Cities must have prompt notice of the effect improvements to maintain strong voter interest and
and duration of court orders affecting the deadline participation in the election process:
for local redistricting, including the effective date 1. Authorize cities to carry out election
of any court order. In addition, cities must be administration duties and responsibilities, for both
given clear indication on what census data to rely local and combined city/school districting ballot-
on to redraw local precinct and ward boundaries. ing, including, but not limited to the following:
Incorrect legal descriptions and/or inaccurate • Coordination of preparation and printing of
assignment of population counts have already multiple ballots;
caused serious problems in some cities. Answers • Establishment of the level of election judge
to these questions have not been easy to ascertain compensation;
because it is not clear which agency or level of • Transportation related to election activities;
government is directly responsible for making • Conduct of election equipment testing and
such decisions on behalf of local units of govern- maintenance;
ment. • Recruitment and training of election judges;
2. Retain authority for cities to schedule
EE-3. Local Elections (B) special elections on ballot questions, bond refer-
The League supports measures to uphold enda and home rule charter amendments and to fill
the authority of cities to conduct local elections, vacancies in city elective offices.
particularly when other units of local Cities continue to resist proposals to desig-
government also conduct elections on the same nate a single local government election day be-
date as regular city elections. The League cause of the potential for voter confusion and the
supports measures to encourage greater voter perception of fairness in the election process.
participation and to strengthen voter It is important for legislators to consult with
confidence in the election process. local officials when considering requirements to
Continued legislative interest in limiting the change school district boundaries. Any effort to
number of local elections must be tempered with a adjust such lines should, at a minimum, require
realistic concern for difficulties presented as well school districts to comply with the same standard
as for the added expense to cities for conducting as cities for designating official boundaries (along
multiple elections. recognizable, physical features).
The League urges the Legislature to refrain In growing communities, the designation of
from intruding on the authority of cites to establish new school district lines should be accomplished
Elections and Ethics Page 19
only in relation to corporate city boundaries code, it can address such issues by requesting the
wherever possible. In any case, any attempt to Legislature to adopt a special act or become a
adjust school district lines must be done in coop- home rule city. Where voters in a home rule
eration with local officials from the cities affected charter city have affirmatively chosen a political
by such changes. structure, the Legislature should not preempt that
decision.
EE-4. Voter Fraud (B) The distinction between home rule and
LMC urges changes in state voter fraud statutory cities is one of organization and powers;
statutes to make it more likely that violators not any classification of population, size, area,
will be prosecuted. geographical location, or any other physical
• Make those who fraudulently vouch for feature. Any requirement for a ward system
persons registering at the polls subject to the should also recognize this distinction.
same penalties that apply to those found Unless a city is prepared to address the
guilty of fraudulent voter registration; divisions which can result from a ward system, it
• Modify penalties for violation of state voter can be detrimental to the community.
registration requirements to increase the Councilmembers can lose a citywide perspective
likelihood of prosecution of offenders, of issues. One neighborhood can be pitted against
particularly for violations of election day another in issues of special interest.
registration provisions; and
• Make clear that prosecution will result if EE-7. Lobbyist Reporting _
candidates interfere with voters on election Requirements (C)
day. The League urges the Legislature to
eliminate requirements for cities to report
EE-5. Mail-in Balloting (B) estimated annual total spending for lobbying
The League encourages mail-in balloting as activities.
a permanent method of election available to all Since the Legislature has enacted comprehen-
cities. The League maintains that it is not sive reporting requirements for lobbyists and those
necessary to require that county auditors units of government which employ them or ex-
approve the decision by the city to hold an pend public funds for such purposes, retention of
election by mail. this additional reporting requirement is unneces-
It should be sufficient for the city to notify sary. The newly established lobbyist reporting and
the auditor in the same manner as required for registration requirements were effective in 1991;
elections conducted at the polls. therefore, the Legislature should terminate the
current reporting of estimated annual lobbyist
EE-6. Structure of City Government (B) spending and the new requirement that such
The League opposes legislation which reports be made both to the state auditor and to the
would require cities to adopt a ward system. Ethical Practices Board.
The League supports measures to uphold the
authority of cities to determine the structure of EE-8. City Election Campaigns (C)
their city government. Enactment by the Legisla- The League supports income tax credits for
ture of the statutory city code permits cities to contributions to city election campaigns. _
select one of several forms of organization and Candidates should be encouraged to seek
allows the voters or the council to request a broad backing from constituents. Providing
change. Where a statutory city has encountered income tax credits should be permitted for city
special problems that cannot be solved under this election campaign contributors.
Page 20 League of Minnesota Cities Proposed Policies
EE-9. Optional Poll Hours (C) There are more than 130 standard plan cities,
The League supports modification of state many of them very small communities in which
election laws to permit cities with populations the position of city clerk is an elective office. It
of less than 500 outside the metro area to fix would be irresponsible and unworkable to require
hours of polling to begin no later than 10 a.m. such cities to wait until the date of the next regular
for a state primary,special,or general election. city election to fill vacancies in that office. In
This change would correspond to current law addition, for the nearly 700 cities that hold regular
that authorizes townships with populations of less city elections in November of even-numbered
than 500 to set a later time for voting to begin for years, such a requirement could force the city to
such elections. hold an extra election in the odd-numbered year,
There are nearly 400 cities with populations thereby substantially increasing local election
of less than 500, according to preliminary 1990 costs.
census figures. This flexibility in polling hours Statutory cities have authority to hold special
would reduce election costs for those cities and elections to fill vacancies if they choose, for the
would permit local elected officials to adjust hours portion of the term remaining until the next city
of polling to meet the needs of local voters. election. If the vacancy occurs during the first two
Townships of less than 500 population in years of a four-year term, the appointee serves
non-metropolitan areas are currently authorized to until the next city election when a special election
set a time no later than 10 a.m. for opening the is held to fill the remaining two years of the term.
polls for state elections. Requirements for posting If the vacancy occurs in the last two years of a
and publishing of the change in hours and notifica- term, the appointee serves for the remainder of the
tion to the county auditor 30 days prior to the term.
election would provide sufficient notice in ad-
vance of election day. EE-11. Absentee Balloting (C)
The League urges the Legislature to
EE-10. Authority to Fill Vacancies by evaluate the results of the increased availability
Appointment (C) of absentee balloting on voter participation, the
The League supports retention of authority incidence of spoiled ballots and local election
costs.
for cities to fill vacancies by appointment for LMC prefers that the Legislature refrain from
local elective office. making additional changes in absentee election
Legislation that would prohibit cities from
filling vacancies by appointment for local elective requirements during the next two years if such
changes will increase local costs for administering
offices is ill-advised,costly and needlessly creates the process.
obstacles to local self-governance. Further, the New statutes making it possible for registered
League objects to measures that would preempt voters to use absentee ballots rather than to vote at
local de::isions in the adoption of homo.-rule
charters providing authority to fill such vacancies the polls need to be evaluated over the next two
by appointment. years to determine whether such measures have, in
fact, helped to increase voter participation in the
Such restrictions undermine the authority of
election process.
cities to conduct regular governmental activities Before counties adopt policies permitting
and to carry out statutory responsibilities. Vacan- voters to apply for absentee ballots without restric-
cies in the offices of mayor, city council, and/or tion, cities should be queried on their views and
elected city clerk must be filled promptly to assure efforts made to coordinate the implementation of
that a quorum is maintained and to permit the city the new method of conducting future elections.
to effectively conduct official business.
Elections and Ethics Page 21
By 1993, the Legislature should determine because of conviction for a felony without
how the law has been used and examine concerns restoration of civil rights.
such as
• Number of spoiled and rejected ballots; EE-13. Absentee Ballots for Hospitalized
• Instances of voter fraud; Voters (C)
• Increase in postage costs; LMC supports authority for cities to
• Misuse of absentee balloting; and provide absentee ballots for hospitalized
• Ballot counting issues. eligible voters,on a limited basis, for persons
admitted to the hospital after 7 p.m. the night
EE-12. Removal of Candidate Name
before an election.
From Ballot (C) Such authority should be granted on an
LMC supports measures that would allow experimental basis to determine whether the use of
city officials to remove the name of a candidate fascimile transmission of ballots or other methods
from the ballot if it can be demonstrated that devised to aid such voters are workable and can
the individual is ineligible for election to office assure that the integrity of the balloting process is
maintained.
Page 22 League of Minnesota Cities Proposed Policies
Proposed Policies
General Legislation and Personnel
GLP-1. Mandates (A) GLP-2. Open Meetings and Data
The League opposes any additional Practices (A)
mandates. The League supports legislation The League supports additional
which would allow local governments to amendments to clarify the procedures cities
disregard mandates which are not funded. should follow when the open meeting law
One of the most serious problems facing conflicts with the data practices act. Further,
cities is the growth in the number and cost of the League supports legislation creating a
federal and state-mandated programs which procedure for local governments to obtain from
substitute the judgments of Congress and the the state fast and reliable review of
Legislature for local budget priorities. Recent dissemination requests and receive protection
examples of costly mandated programs include from any claim brought following release or
comparable worth, employee right to know, legal nonrelease based on the state review.
compliance audits, and newspaper publications. The 1990 and 1991 legislatures passed legis-
Special bills to address this problem on an ad hoc lation attempting to address issues raised by the
basis have not provided a permanent or statewide Annandale Advocate and other recent court deci-
solution to these problems. sions regarding the conflicts created by provisions
The League therefore supports the continua- of the open meeting law and the data practices act.
tion and improvement of legislation which re- The intent of the open meeting law is to
quires the state to adopt a policy of deliberate ensure within practical limits the access of persons
restraint on its mandated programs. First and to the actions and motivations of government. The
foremost, the Legislature should recognize the data practices act is intended to ensure within
absurdity of its current definition and classification practical limits the privacy of persons who will-
system of mandates which results in treating costly ingly or unwillingly become involved with their
mandates like comparable worth studies and government. When private or other classified
implementation programs as nonprogram man- information must be discussed by a public body
dates which need not be reimbursed by the state. subject to the open meeting law, as inevitably it
Mandatory fiscal notes identifying local must in many situations, the government is forced
government costs on any new mandated programs to attempt to meet two conflicting statutes.
when they are introduced in the Legislature, and a The Legislature has attempted to identify
statement of compelling statewide interest to likely areas of conflict and to provide clear rules
accompany all state mandates should continue to for local governments to follow. Unfortunately,
be required. Similar procedures should be re- not all circumstances can be anticipated nor
quired of state agency rulemaking. remaining ambiguities addressed. The League
New mandates should include revenues or supports amendments addressing the following
alternative revenue producing mechanisms, other issues:
than the general property tax or the local govern- 1. Do veterans preference hearings and civil
ment trust fund. Also, the Legislature should service proceedings qualify as arbitrations which
repeal obsolete, unnecessary, and unduly restric- extend the period during which supporting docu-
tive mandatory laws and rules. mentation remains private or confidential?
General Legislation and Personnel Page 23
2. If these proceedings also qualify as arbitra- GLP-3. Use of Deadly Force (A)
tion, how do local governments deal with the The League supports repeal of legislation
different appeal periods and processes; is the data which preempts local governments from
private until all administrative appeal periods prohibiting the use of deadly force under
lapse? circumstances where that level of force is
3. Do individuals have to be notified of their authorized under state law.
right to have an open hearing, thus in effect Legislation was recently enacted addressing
waiving their right to privacy? the issue of the use of force by peace officers. The
4. What reasonable efforts must a local Legislature required adoption of local policies on
government make to keep private data which must the use of force, including deadly force, and
be discussed publicly? mandated training for all peace officers both
5. What are the rules when data or meetings initially upon appointment to a department and
involve both private and public data? annually thereafter. A preemption provision
City officials are making good faith efforts to included in the legislation requires local policies to
comply with both laws. Without additional clarifi- be consistent with state law and prohibits a local
cation, however, the Legislature must realize that government from restricting the use of deadly
city officials owe it to their constituents to limit force by officers in situations justified under state
the city's exposure to liability. Consequently, law.
cities will continue to be conservative in releasing Officers are authorized under current law to
data where there might be potential liability. use deadly force to arrest or capture, or prevent the
Further, it seems absurd to continue data classifi- escape of a person when the officer knows or has
cation as private if governing bodies must discuss reasonable grounds to believe that person has
it publicly. The logic of the Annandale decision is committed or attempted to commit a felony
sound and the League urges the Legislature to through the use or threat of deadly force. Any
return to the rule that if private data is discussed it local policy which is more restrictive than state
must be discussed privately or alternatively that law or limits the authority of an officer to use
the current data classification system should be deadly force is currently overridden by state law.
replaced by a more flexible system dealing with The use of deadly force is one of many law
government information practices. enforcement topics being debated in the law
Additionally, the Legislature should modify enforcement profession and throughout society.
the data practices act in two areas. Local units of government determine appropriate
First, the Legislature should either preclude policy on a majority of these issues, such as the
the private, commercial use of governmental data use of nondeadly force. Since there is no compel-
or allow local units of government to charge the ling justification for a statewide policy, local
actual costs of compiling data or separating public jurisdictions should be left to determine the appro-
from private data when the dissemination request priate use of deadly force.
necessitates significant staff work.
Second, the Legislature should create a GLP-4. Comparable Worth (B)
process at the state which would allow cities to
forward dissemination requests from the public to The League supports efforts to eliminate
any sex-based differences in compensation of
an individual or board at the state for an opinion
on the proper response. The League would sup- public employees and asks the Legislature to
port this process only if any local government refrain from further amending current law
until the Legislature evaluates implementation
receiving the opinion would also receive protec-
reports which will be prepared in 1992.
tion from any claims brought as a result of actions
taken in reliance on the opinion.
Page 24 League of Minnesota Cities Proposed Policies
The League supports providing financial many of these actions have worthwhile purposes,
assistance to cities in the form of special levy or they have a significant impact on local finances
permanent levy base adjustments for equity and on the collective bargaining process. The
adjustments or a limit on the amount of equity Legislature must bear in mind that to the extent
adjustments which a local government must that certain benefits are given away unilaterally
make in any year. there is no need to bargain for them, thus allowing
Following a review of implementation re- public employees to demand other benefits
ports, the Legislature should exempt from the law through negotiation. Additionally, while some
those employers for which a job evaluation system benefit increases seem to have a minor impact
proves unworkable, such as those with too few when first considered, they may inflate rapidly in
employees or too many single incumbent job the future or combine with other provisions of law
positions. to cause significant expense. While it is unrealis-
The 1990 Legislature enacted significant tic perhaps for the Legislature to refrain totally
amendments to the state's comparable worth from mandating certain benefits, they should
legislation. The 1991 Legislature authorized the consider the ramifications of their actions and
Department of Employee Relations to promulgate understand their substantial role in increasing the
rules regarding agency review of local government personnel costs of local governments.
implementation reports. Many local governments Cities, like all employers, are alarmed at the
are incurring substantial costs in adjusting their rapidly rising cost of health care in Minnesota.
implementation programs as a result of these last Further, health care availability is a critical issue
minute changes. Additionally, because of the in many parts of the state. The League supports
changes, some cities may not finish implementa- efforts to ensure the availability of quality health
tion by the December 1991 deadline. Further care at affordable costs. Employers who currently
changes shortly after the deadline would be irre- provide health care benefits for their employees,
sponsible. The Legislature should evaluate the however, should not have to pay twice.
implementation reports and consider options for Some past legislative actions have limited
providing financial assistance to, or providing cities flexibility in selecting health care providers.
additional time for, those jurisdictions still Specifically, as an element of the creation of a
deemed out of compliance with legislative goals, statewide health plan for public employees the
provided that good faith efforts have been made Legislature provided that exclusive representatives
toward compliance. may unilaterally determine whether their employ-
ees will participate in the state plan, leaving only
GLP-5. Employee Benefits (B) the proportion of premium paid by the public
The League supports legislation promoting employer subject to bargaining. The result may be
the efficient and economical provision of additional administrative or personnel costs to the
employee benefits including life,health, and public employer. The Legislature should elimi-
dental care for city officers and employees and nate the unilateral selection authority it has
specifically opposes legislation which authorizes granted exclusive representatives.
employees or groups of employees to
unilaterally select particular care providers. GLP-6. Employee Training and
The League further asks the Legislature to Education Requirements (B)
refrain from mandating additional benefits to The League opposes any additional state-
public employees absent considering the financial imposed employee training, education, or
implications of these additional benefits. certification programs,but supports the
The Legislature has frequently mandated availability of technical and financial assistance
additional benefits and workplace regulations from the state for local or regional training and
applicable to public and private employers. While education programs.
General Legislation and Personnel Page 25
The Legislature has recently considered of the benefit increase should be borne by the
proposals to require state certification for state.
firefighters and dispatchers, and four-year colitce The establishment of multiple mechanisms to
degrees for police officers. There have been other make post retirement adjustments to protect
related proposals, all which seem to ignore the retirees in local police and paid firefighter pension
significant impact on local recruitment and reten- plans is illogical, confusing, unnecessary, disrup-
tion and cost containment efforts. tive, and expensive.
Rather than respond with additional state
requirements, the League supports efforts by the GLP-8. Minnesota Public Employment
state to make training programs more readily Labor Relations Act (PELRA) (B)
available for local employees as well as financial
assistance by the state to encourage local govern- 1. The League recommends that legislation
be enacted that gives public employers the
ments to provide additional training and educa-
option of either requesting arbitration within a
tional opportunities for their employees.
specific time or allowing essential employees to
Further, alternative methods should be pro-
vided for entry into these positions. legally strike.
Cities in Minnesota are very diverse in their
GLP-7. Local Police and Paid Fire Relief public employment practices. Their ability to deal
with employee strikes also varies greatly. The
Associations (B) history of bargaining in the public sector has
1. Local police and fire relief associations, indicated that if cities are properly prepared,even
with city consent, should be encouraged to merge strikes by "essential employees" may not unduly
into the PERA police and fire funds under the threaten public health and safety. In contrast, the
uniform policy enacted during the 1987 legislative prohibition of the right to strike has forced undue
session. Any amendments to the policy should reliance on arbitration, which usually has resulted
lower city consolidation costs while fully protect- in large compensation awards to essential
ing the solvency of the PERA police and fire fund. employees.
2. If the Legislature determines that"escala- For these reasons, the League recommends
tion" (pensions adjusted by the percentage increase that legislation be enacted that gives public em-
of wages of active members) presently in effect ployers the option of either requesting arbitration
does not offer adequate inflation protection, that within a specific time or allowing essential em-
mechanism should be adjusted or abolished. ployees to legally strike. Further, the League
However, no new mechanism such as that autho- opposes considering any additional employee
rized for Minneapolis police or firefighters in groups as essential employees.
Laws 1988, Chapter 319, should be authorized 2. The League recommends the
while "escalation" remains in effect. Legislature authorize public employers to
3. The LMC supports changes in actuarial select item-by-item impasse arbitration as a
assumptions relating to salaries and investment method of arbitration.
return to more truly reflect experiences. The LMC Currently, state law provides that both parties
opposes payment of any type of bonus to active or to an interest arbitration can decide what type Of
retired members (13th check) as a part of actuarial arbitration they are submitting to—final offer
assumption changes. item-by-item or final offer total package. Since
4. The LMC opposes legislation that provides the arbitration will inevitably involve public
for reductions of state amortization aid to local expenditures from state and local taxpayers, the
police and fire relief associations. wishes of the representatives of the taxpayers
5. If, despite city objections, the should be the sole determinant of the type of
Legislature authorizes another benefit increase arbitration.
for local police and paid fire members,all costs •
Page 26 League of Minnesota Cities Proposed Policies
3. The League recommends that the supports eliminating the ability to make retroactive
Legislature reinstate the previous definition of settlements on arbitration awards.
employees covered by PELRA to people
employed for more than 100 working days in a GLP-9. Presumptions for Workers'
calendar year. Compensation Benefits (B)
The 1983 Legislature reduced the time period The League supports modifications to the
that part-time employees must be employed before workers' compensation statutes (Minn. Stat.
they are considered employees covered by 176.011,subd. 15) which would restrict
PELRA. This has resulted in higher wages for presumptions of occupational diseases to apply
some part-time employees, and more significantly, only after an employee can establish an absence
has resulted in cities hiring fewer part-time em- of personal risk factors that could have caused
ployees. 1991 legislative action in this area has the disease or illness.
caused further confusion, which may also result in The law allows for the legal presumption that
a lessening of job opportunities, particularly for police officers, firefighters, paramedics,emer-
students and the disadvantaged. Additionally, gency medical technicians, and nurses contract
many employees who view their work as tempo- certain diseases or illnesses due to their employ-
rary or transitory in nature, have been asked to pay ment. Employers must then rebut the presumption
their fair share of union dues, even though they by introduction of evidence. This burden is
receive no benefit from union membership. difficult and increases the chance that employees
Experience with the law has indicated general receive compensation for non-work caused ill-
dissatisfaction with the law by every affected party nesses and diseases.
except unions representing primarily full-time Currently, the law provides the following
employees. presumptions for the following personnel:
4. The League opposes any changes in • Police and fire—myocarditis, coronary
PELRA which would permit public employees sclerosis, pneumonia or its sequel
to refuse to cross the picket lines of other city • Police, fire, paramedic, emergency medical
employees, or would change the definition of technician, nurse--infectious or
supervisory or confidential employees. communicable disease (exposures outside of
Supervisors of public employees should have a hospital)
their management role acknowledged, and con- • Fire—cancer
tinue to have their status limited so they may meet All of the listed diseases or illnesses are
and confer. In no event should supervisory or common to the entire population and an equal or
confidential employees be represented by an greater correlation may exist between the specific
employee organization which represents the illness and the individual's personal risk factors
employees they supervise. Further limitation of the such as smoking, diet, exercise, heredity, and
definition of supervisory personnel would mean lifestyle than the correlation between the job and
that in cities, except city manager cities, no em- the illness.
ployees could be considered to be supervisory For this reason, the League supports legisla-
employees for purposes of PELRA. tion limiting the presumption to cases where the
5. The League opposes a requirement that employee can demonstrate limited personal risk
interest be paid on arbitration awards. factors, or alternately the Legislature should
Because either side to a contract may precipi- clarify the right of a local government employer
tate delays in settlements, it would be unfair to to prohibit smoking on or off-duty and to require
sanction public employers for the delays. As an
incentive to prompt settlements, the League
General Legislation and Personnel Page 27
other measures to limit non-work causes of these contracts and purchases are made by the council
illnesses and diseases. after obtaining the recommendation of the man-
ager. The Legislature in 1959 increased the
GLP-10. Public Contracting (B) statutory amounts from $500 to $1,000. It seems
The League supports legislative action to reasonable to increase the amount to the level
clarify and modernize state laws regulating city specified in the uniform contracting law for
contracting for improvements,services,and purchases that do not need competitive bidding,
materials. Any change should maintain cities' which is currently $15,000.
flexibility in contracting. 3. The League supports clarifying uncertain- '
As governmental bodies,cities and other ties that have arisen regarding when cities must
local governments have an obligation to engage in obtain contractor's performance bonds.
fair and public contracting practices. State laws Minn. Stat. 574.26 provides that contractor's
have attempted to provide guidance to local performance bonds must be obtained in order to
governments in their contracting practices. The validate any city contract for the doing of any
League supports legislation updating these statutes public work, unless the contract is for less than
to reflect inflation and to modify provisions to $10,000. Letters of credit may be used as an
meet current needs or unique situations. alternative for projects up to $50,000.
1. The League supports referencing the Minn. Stat. 469.155 provides that for indus-
contract amounts over which sealed bids must trial development projects a city may choose either
taken in the amounts specified in Minn. Stat. to require a bond or may rely on the mechanics
412.311. lien statutes to protect subcontractors, but in a
These statutes govern purchasing practices of pending court action at least one district court
statutory cities. However, in a 1978 opinion the judge has ruled that a city may be deemed negli-
attorney general stated that the bidding require- gent if it does not require a bond.
ments for statutory cities are governed by the The League supports a continuing review of
dollar limits of the uniform contracting law rather these statutes and supports clarifying legislation
than Minn. Stat. 412.311. This opinion has been that allows cities to determine without fear of
followed by most cities although recently there has liability whether bonds or other security should be
been evidence of some continuing confusion. In provided by a particular developer or contractor on
order to clarify the matter, the Legislature should public projects or development projects. Addi-
adopt language making the two statutes consistent. tionally, the Legislature should remove the dollar
2. The Legislature should increase the restriction that allows letters of credit only on
purchasing authority of city managers in Plan B public projects which are less than $50,000 and
cities from $1,000 to conform to the amounts in allow cities to determine which form of security
the uniform municipal contracting law for con- best protects the citizens of the city regardless of
tracts which do not have to be let after taking the project cost.
sealed bids. 4. The League supports legislation authoriz-
Minn. Stat. 412.691, first enacted in 1949, ing city councils to delegate authority to other city
provides that Plan B managers are the chief pur- officers,employees, or consultants to approve up
chasing agent of their city. Currently, all purchases to a specified amount or percentage in change
for the city and all contracts are made by the orders to pay for unforeseen circumstances both in
manager when the amount of the purchase or public improvements under Chapter 429 and in
contract does not exceed $1,000; but all claims other contract situations under the uniform mu-
resulting therefrom must be audited and approved nicipal contracting law (Minn. Stat. 471.345).
by the council similar to other claims. All other
Page 28 League of Minnesota Cities Proposed Policies
GLP-11. Public Employees Retirement than fixed income investment.
Association (PERA) Benefits, Financing,
and Administration (B) GLP-12. Tort Liability and Insurance (B)
The following principles should govern any The League supports legislation reducing
changes the Legislature makes in the Public the exposure of cities to civil lawsuits without
Employees Retirement Association (PERA)and unduly restricting an injured party from
the other statewide pension plans. recovering compensation from negligent
1. The League opposes any change in the individuals. The League also supports actions
PERA rule of 90 or the current early- ensuring the availability and affordability of
retirement reduction factor for current insurance coverage for cities.
employees,especially vested employees. The growth of tort litigation over the past
Members have provided substantial service in several years has resulted in increasing liability for
reliance on these beneficial and supposed perms- governmental entities, private businesses, and
nent fund features. individual citizens. Additionally, business prac-
2. The League of Minnesota Cities opposes tices of insurance companies have played a signifi-
modification of the "high five" formula. cant role in insurance pricing. The League sup-
The adoption in 1973 of the "high five year" ports reasonable reforms addressing both sides of
benefit formula for PERA has provided very the liability insurance issue.
adequate pension benefits for career municipal The municipal tort liability act was enacted in
employees. Further shortening of the averaging 1963 to protect the public treasury, while giving
period would create windfalls for some PERA citizens relief from the arbitrary, confusing, and
members and multiply opportunities for manipula- administratively expensive prior doctrine of
tion of service and salaries to maximize pension sovereign immunity. The act has served that
benefits without proportional contributions to the purpose well in the past. However, courts fre-
fund. quently forget or ignore the positive benefits
3. The 1989 Legislature made major secured to citizens as a result of the act, which
benefit improvements, changed statutory includes liability exceptions and limitations.
assumptions and the time table for full funding. . The special vulnerability of far-flung govern-
Substantial experience with the new law should ment operations to debilitating tort suits continues
be gained before any significant changes are to require the existence of a tort claims act, appli-
authorized by the Legislature. Any reductions cable to local governments as well as the state.
permitted by excess reserves or excessive The League recommends the following:
current contributions or combinations of the 1. Continuing our system of clearly defining
two should be of such amounts as to benefit the and limiting the scope of public liability through
employer and employee equally as a percentage legislation. The League strongly supports reten-
of overall employee salary or in the case of tion of the dollar limitations on governmental
police and fire,in the same percentages as liability. The current limits of 3200,000/3600,000
contributions are made. seem sufficient at this time but should be reviewed
4. The present post-retirement investment periodically to ensure that those injured are not
fund should continue. unfairly compensated and that the limits remain
However, a voluntary alternative inflation constitutional. The limits should be set at an
adjustment mechanism should be provided which amount that allows all levels of government to
permits significant investment in common stocks, economically procure coverage, and provide
which when measured over extended time periods sufficient lead time to avoid to the extent possible
have historically produced a better rate of return budgetary problems. Additionally, the limits
General Legislation and Personnel Page 29
should conform to the extent possible with cover- veterans' preference hearing and a grievance
age limits available from insurers. Liability for procedure under a collective bargaining
particular city operations, such as firefighting and agreement.
park and recreation facilities, should only arise if Current statutes entitle a veteran to at least
there is a showing of gross misconduct or gross two different hearing procedures to challenge any
negligence. disciplinary action. This is inefficient and may be
2. The League supports modifying state laws unworkable, since the standards for court review
providing for punitive damages. Punitive dam- of the decisions of veterans' preference boards and
ages, intended to punish and deter egregious grievance arbitrators vary significantly.
conduct, have not been effective because the The Minnesota Supreme Court, has indicated
standards of applicability have been too vague. that these statutes need to be amended. The law
The League does not oppose the total elimination should provide for a selection of a single hearing
of punitive damages, but would prefer that the procedure and eliminate any requirement for
Legislature specify that punitive damages may be salary payment pending the hearing when the
awarded only when the conduct involved mani- veteran does not request a hearing within 10 days
fests a malicious and flagrant indifference to or when an impartial hearing body determines that
safety, and place monetary limits on such awards the dismissal was for just cause.
or require payment of some of the damages 2. The League supports legislation
awarded to the public, rather than to the plaintiff. providing specific time lines to be followed by
3. The League favors eliminating joint and employers and employees in the veterans'
several liability except in limited circumstances. preference discipline or dismissal process,so
The fault-based system of damage awards has that an employee must provide notice of their
apparently eroded. In order to facilitate the return intent to appeal within 10 days and the hearing
to a fault-based system,joint liability should be process must be completed no later than 90
abolished in cases where defendants have not days following a proposed disciplinary or
acted in concert, and a modified comparative fault dismissal action.
system should be used to evaluate the actions of Currently an employee has 60 days from the
other individuals involved with the injury and date of the employer's notice of discipline or
assess damages only in proportion to the amount dismissal to request a hearing. If a hearing is
of each person's fault. At the very least, the requested, there are no time lines for holding
Legislature should retain the 1986 modification to hearings or rendering decisions.
the comparative fault statute that eliminates joint Under this system, a termination decision
liability for governmental defendants when they can, and has, taken more than a year, during which
are less than 35 percent at fault. the employee receives full pay and benefits. The
4. In order to protect any enacted legislation result is extremely costly to cities, particularly
from constitutional equal protection challenge, the small cities, which often must hire replacement
Legislature should establish rationales defining the workers for this period. The League's proposal to
problem and the intent of the Legislature. Further, provide a more expedited process would not
all government entities should share the same infringe on the employee's right to a hearing, but
exceptions and limitations in order to avoid an would ensure a more efficient and cost-effective
equal protection challenge. procedure.
GLP-13. Veterans' Preference (B) GLP-14. Gopher State One-Call (C)
1. The League supports amending the The League supports exempting cities and
veterans' preference act to provide that a other local units of government from the
veteran must select one and only one hearing Gopher State One-Call excavation system.
procedure rather than be able to request both a The 1987 Legislature enacted a one-call
Page 30 League of Minnesota Cities Proposed Policies
excavation notice system. Among other require- upon on-sale liquor establishments and municipal
ments, the law requires local governments that liquor stores, or would be forced to meet most if
issue permits for an activity involving excavation not all the restrictions on intoxicating liquor
to continuously display a state prescribed establishments.
excavator's and operator's notice, and to provide Cities should be fully authorized to establish
all permit applicants a copy of the state law (Minn. hours of sale and be expressly authorized to
Stat. 216D.02). All excavators are then required establish differing license fees for establishments
to contact the state notification center at least 48 having different hours of operation.
hours prior to excavation (except in emergencies).
The center is then to contact all operators of GLP-16. Utility Service Territories (C)
underground facilities (cable television, phone, The League supports legislation confirming
electrical,heat, gas, oil, petroleum products, water the power of Minnesota cities: 1) to require
including storm water, steam,sewage, and other franchises of all non-municipal electric, gas,
similar substances) in the area which in turn are telecommunication,steam,and hot water
required to mark their facilities within 48 hours. utilities as a precondition to service within
Although labeled as a one-call notification municipal boundaries,and 2) if a city has or
center, the system has resulted in multiple con- starts a municipal utility, to serve all territory
tacts. For instance, an excavator will apply to a within city boundaries without paying
city with an excavation permit system. The city prohibitive, speculative,or unjustified buyout
will notify the excavator of the state law require- charges.
ments. The excavator then contacts the state In order to plan in the most effective and
notification center which in turn will contact the economical way for city economic development
city, among the operators, of an excavation the and infrastructure needs including those not
city already knows about and will charge them for directly related to gas and electric or other ser-
the notification. This aspect of the system is vices,cities need substantial controls over the
absurd and should be modified to exclude notice to type, location, cost, and layout of electric, gas, and
cities when they have an excavation permit system other utilities. They must also be able to cause
which triggers the system. relocation of the same without great public ex-
The Legislature should conduct a review of pense. Recent decisions of the Public Service
the one-call system to determine if it is being Commission have called into question city powers
operated efficiently and to determine if its billing to franchise in or serve new areas of the city.
practices should be changed. Rigid service territory boundaries established by
the commission must be subject to practical
GLP-15. Liquor Issues (C) modification to best serve the needs of city resi-
The League opposes the establishment of dents and the state as a whole.
one class of beer and the off-sale of wine in
other than liquor stores. GLP-17. Cable Communications (C)
The establishment of one class of beer in The League supports strengthening the
Minnesota would cause substantial problems in existing Minnesota cable act.
controlling the sale of beer in filling stations, Minn. Stat. Chapter 238, in its present form,
grocery stores, drug stores, and elsewhere where is very important to local governments because it
• 3.2 beer is sold. Also, with regard to a proposal protects cities' rights to enforce local standards
for only one class of beer in Minnesota,current and cable operator commitments for technical,
3.2 on-sale establishments could be selling strong construction, and programming performance.
beer without the supervision and controls imposed
General Legislation and Personnel Page 31
Any changes should strengthen the authority with full pay and accrual of seniority status and
of local governments to franchise and regulate other benefits for all the time the employee is
cable communication systems in their communi- engaged in short-term (15 days or less)military
ties. service while receiving full military pay. Cities,
Additionally, the state should reinstitute particularly those which must hire part-time
active monitoring, administration, and enforce- replacement employees when others take military
ment of cable with specific reference to the proper leave, suffer a significant financial hardship not
filing of initial and modified franchise ordinances, shared by private sector employers who are not
franchise renewals, and transfers of ownership. required to provide short-term paid military
Relationships between local franchising leaves.
authorities and cable operators are defined at the Public employees should only have to pay the
federal level by the Cable Communications Policy difference between the employee's military pay
Act of 1984, at the state level by Minnesota and their regular wage for this 15-day period. Any
Statutes Chapter 238, and at the local level by longer leave period should be without pay and the
local cable franchise ordinances. accrual of seniority and other benefits should be
In 1985, the Legislature abolished the Minne- suspended for military leaves beyond 30 days.
sota Cable Communications Board, an appointed Current law which provides for mandatory leaves
body of the Department of Administration which and reinstatement after wars, declared emergen-
promulgated and enforced provision of the cable cies, active duty training, and duty training should
legislation and accompanying rules. This legisla- be changed to provide for mandatory leaves and
tion codified some previously existing board rules reinstatement only after wars and declared emer-
into statutory form and reassigned responsibility gencies. Employees should not be entitled to leave
for telecommunications from the board to the and be reinstated for active or inactive training
commissioner of commerce. However, in 1987 duty.
the Legislature discontinued any state enforcement
for cable. GLP-19. Volunteer Firefighters (C)
In the absence of an overriding and well-
GLP-18. Military Leaves (C) demonstrated need to provide full vesting for
The League recommends that the statutes short service, the League opposes further
be amended to provide that when an employee reductions in current statutory standards for
is temporarily absent because of short-term vesting volunteer firefighter pensions.
military service, the employer pay only the Statutory changes to allow local volunteer
difference between military pay and the public firefighter relief associations to pay full yearly
pay, rather than the full public salary. pension benefit portions to retirees with less than
Under current law, a city employee,as well 20 years of service will increase actuarial costs to
as any other public employee, is entitled to leave cities and reduce incentives for long service.
Page 32 League of Minnesota Cities Proposed Policies
Proposed Policies
Land Use, Energy, Environment, and Transportation
LUEET 1. Annexation (A) In 1985 the state's annexation statutes were
A. The League supports legislation amended to allow an owner of land to petition the
restricting further urban growth outside city Municipal Board for concurrent detachment and
boundaries and facilitating the annexation of annexation. Prior to 1985, only the affected cities
urban land to cities. could begin the process. Since the amendment,
Public policies which encourage substantial several instances have arisen where owners have
development in non-urban areas and which extend petitioned the board because they were dissatisfied
public services beyond existing jurisdictions and about land use or development assistance decisions
service areas are wasteful and counter-productive. made by the host city.
Additionally, shoreland and prime agricultural The Legislature should either repeal the
land are major natural and economic resources and property owner petition provision or provide the
the state should include as a major objective, their affected cities a right to veto the petition. At the
preservation, and wise use. very least, the Legislature should provide a list of
Particular attention should be given to the factors for the Municipal Board to analyze when
problem of development and the delivery of considering requests for concurrent detachment
governmental services to urbanizing fringe areas. and annexation.
State law should continue to encourage the
preservation of shoreland and prime agricultural LUEET 2. Solid and Hazardous Waste
land and discourage the development of such land Management (A)
outside designated growth areas to be served by a The League supports state programs
city. The League recommends: designed to minimize or eliminate the need for
1. That state statutes regulating annexation landfilling solid and hazardous waste.
be changed to make it easier for cities to annex The problem of regulating, controlling, and
developed or developing land, within disposing of solid and hazardous waste will con-
unincorporated areas designated as a growth area tinue to be a major environmental issue both
by the annexing city. It is unfair to city residents nationally and in Minnesota. Major state legisla-
to have individuals avoid paying their fair share tion addressing this issue has been enacted annu-
for municipal services provided by the city gov- ally since 1980. These acts responded to the
ernment by living in the fringe area around a city; concerns and issues raised by the League, other
and local governments, and citizens and we commend
2. Cities should be given the authority to the Legislature for its actions.
extend their zoning ordinance and subdivision The existing waste management and control
controls up to two miles outside the city's bound- system for handling and disposing of hazardous
aries regardless of the existence of county or materials centralizes responsibility at the state
township controls. level, but requires the cooperation and support of
B. The League also supports legislation all levels of government. The system established
restricting the ability of individual property for solid waste is more diffuse,relying on cities to
owners to petition the Municipal Board to control and regulate collection,counties to regu-
detach their land from one city and to annex it late or operate existing resource recovery or
to an adjoining city. disposal facilities, and the state to coordinate
Land Use, Energy, Environment, and Transportation Page 33
responsibilities and plan for future disposal needs. the land disposal of hazardous waste. The League
Both systems should foster and encourage abate- supports annual statewide recycling goals for local
ment, recycling, and resource recovery for as governments based on a percent of total tons of
much of the waste stream as possible and then to mixed municipal solid waste generated.
assure environmentally sound disposal for the The League supports the prohibition of
remaining waste. disposal of unprocessed solid waste in landfills, as
The system appears to be working, and cost-efficient and environmentally safe alterna-
therefore the League does not perceive a need for tives are developed and funding is provided to
major changes to existing legislation at the present cities to implement their responsibilities. Ash
time. But any future legislation that may be from waste to energy facilities should continue to
considered should enhance and not diminish the be regulated as a special waste.
emphasis on these concerns. The Legislature 4. Funding for recycling,reduction,and
should adopt provisions promoting timely and abatement efforts. The League supports alterna-
consistent decision-making at all levels of govern- tives to general taxes as sources of financing
ment, including establishing timelines for review conservation efforts. These alternatives can
and approval processes if appropriate. include specific taxes, additional fees on landfill or
1. Effective planning. To the greatest extent disposal facility users, and state or county grants
possible, all levels and units of government and and loans. Financial assistance programs need to
the private sector should be involved in all phases be regularly reviewed and continued if necessary
of planning and managing the solid and hazardous to effectuate waste reduction. Changes in financ-
waste streams to assure a cost-effective and envi- ing should be implemented in a manner which
ronmentally sound solid waste and hazardous avoids budgetary disruption. The Legislature
waste disposal system. should continue to fund educational and opera-
2. The League supports efforts aimed at tional pilot program efforts on the subject of solid
avoiding or reducing the creation of solid and and hazardous waste disposal, including alterna-
hazardous waste. These efforts should include tives for the disposal of household hazardous
disincentives for creating hard to dispose of items waste, such as those promoted by the household
and notifying consumers of the ease or difficulty hazardous waste reduction project. The League
of disposing of materials prior to purchase. Finan- also supports legislation requiring that the six
cial incentives for recyclable packaging. The percent garbage sales tax (SCORE tax) be distrib-
League supports efforts at the state and federal uted directly to the local unit of government that
level to institute financial incentives to avoid actually operates the recycling program within that
tingle-use packaging materials. The state should jurisdiction.
not preempt local regulatory authority in the 5. Siting process. The siting of solid waste
absence of an effective, statewide regulatory facilities has become extremely difficult. The
framework or program which is at least as strong Legislature should reexamine siting issues and
as regulations already adopted by cities. Further, provide additional incentives or mechanisms to
financial or other incentives should be used to encourage siting of necessary facilities.
encourage environmentally acceptable product 6. Clean-up of hazardous substance loca-
generation and handling. tions. The clean-up and decontamination of
3. Alternatives to landfills. The League existing hazardous waste sites should continue
strongly endorses abatement, recycling, and before there is further damage to public health and
resource recovery activities and programs to environment. If a responsible party can be identi-
reduce the need for the land disposal of waste. feed, that party should be liable for clean-up costs
The goal should be to reduce, to the maximum and personal injury damages as defined in law. If
extent practical, the need for land disposal of a responsible party cannot be identified,then the
unprocessed solid waste, and to totally eliminate clean-up should be financed by the state
Page 34 League of Minnesota Cities Proposed Policies
superfund. Cities which acquire land should not, LUEET 3. Street and Highway
because of their acquisition, become the respon- Funding (A)
sible parties for clean-up. Damage caps and state The League supports legislative action
indemnification provisions should be modified to providing an adequate funding for streets and
clarify the liability exposure of local governments. highways for city,county, township, and state
Local governments should be protected from roads from stable statewide sources. The
extreme clean-up costs, or costs which do not Legislature should consider using multiple
directly relate to their contribution to the problem. revenue sources which have adequate growth
7. Implementation of federal superfund potential to meet the rising needs of street and
community right-to-know and emergency response highway systems throughout the state. The
provisions. Amendments to the federal superfund League supports consideration of additional
law require individuals and businesses possessing revenue sources,including increased gas taxes,
hazardous materials to report the size and nature of automobile registration fees,license fees,
their inventories to state and local agencies and wheelage taxes,and other types of user fees.
require the creation of hazardous materials re- An efficient transportation system is a vital
sponse teams. The League supports the adoption element in planning for fiscal,economic, and
of state programs which minimize the cost of these social development at state, regional, and local
programs to our citizens while fully meeting levels. Since the economy of the state and its
federal requirements. The new law and subse- cities are dependent upon highway transportation,
quent regulations have the potential for imposing particularly agriculture and tourism, it is necessary
significant costs on local governments. These to determine long-range street and highway needs
additional costs and administrative burdens should to assure the vitality of the state's economy.
be carefully monitored and efforts made to reduce Actions such as the cut of$3.846 million in
the impact on cities, such as seeking to consolidate MVET(motor vehicle excise tax) aid to cities in
the reporting, recordkeeping, and inspection the middle of the 1991 budget year do not serve
requirements. The League supports state assis- the street and highway system goals of cities or the
tance in establishing regional hazardous material state
response teams throughout the state by agreements Furthermore, environmental concerns and the
with existing departments or groups of depart- need to conserve energy require the use of alter-
ments. All associated costs should be assumed by nate modes of transportation in meeting the di-
the state in order to ensure uniform protection and verse needs which exist in various communities
equitable financial burdens. and regions of the state. Tied in with the funding
Additionally, cities as the likely first issue are the issues of jurisdictional studies and
respondees to any incident, should be given turnback of responsibility for roads.
priority in establishing emergency response plans. The League recommends that the following
8. Management of solid waste collection and issues be addressed by the Legislature.
disposal. Cities should retain their existing author- 1. Transportation utility: The League
ity to organize collection and regulate solid waste urges the Legislature to authorize cities to
facilities and should not be required by statute to create, at their option, a transportation utility.
compensate parties for changes in regulations nor Such authority would acknowledge: the effects
have their local authority to regulate land uses of very tight levy limits and cuts to the state aid
- unilaterally overridden by other levels of govern- revenues available for local transportation
meni infrastructure; the benefit to all taxpayers of a
Land Use, Energy, Environment, and Transportation Page 35
properly maintained local transportation The League supports targeting the highway
system; and the severe limitations of existing user fund to be used only for expenditures related
special assessment authority, to improvement,construction, and maintenance of
A transportation utility, comparable to the the highway system and municipal and county
statutory authority for cities to operate storm state aid programs. Funding of other state pro-
sewer utilities, would provide a stable, long-term, grams which do not directly benefit the transporta-
dedicated funding source for reconstruction and tion system in the state should be funded through
maintenance of city transportation facilities. the state's general fund. In fiscal year 1991, over
Current transportation funding options avail- $66 million from the trunk highway fund was
able to cities are inadequate. Current special spent for state agencies such as the Department of
assessment law, Chapter 429 (Local Improve- Public Safety (including law enforcement),Tour-
ments, Special Assessments) does not meet cities' ism and Economic Development, the Department
financing needs because of the benefit require- of Health, and the Department of Education.
ment. The law requires a minimum of 20 percent Establishment of a "transportation services fund"
of such a project to be specially assessed against by the 1991 Legislature was a positive first step in
affected properties. In practice, however, proof of this direction. The League encourages further
increased property value to this extent--"ben- clarification and separation of transportation
efit"—can rarely be proven for regular repair or related spending.
replacement of existing transportation infrastruc- 3. The League urges the Legislature to
ture. Alternatives to financing through the use of establish a system of direct appropriations to
Chapter 429 authority are nearly nonexistent. cities under 5,000 population.
The Legislature has given cities the authority Smaller cities can rely only on general prop-
to operate utilities for waterworks, sanitary sewers, erty tax revenues, and limited use of special
and stormsewers. The stormsewer authority assessments, for road and street funding. Town-
(1983), in particular, set the precedent for a work- ships currently receive approximately two percent
able process of charging a fee on a utility bill for a of the highway user tax distribution fund for road
city service or infrastructure which is of value to construction, reconstruction, and maintenance of
the entire city without metering and without proof town roads. The Legislature should provide a
of property value increases (benefit). A transpor- similar state aid program for smaller cities.
tation utility would use technical, well-founded This could be accomplished through either a
measurements, and would equitably distribute the constitutional amendment modifying the 62-29-9
costs of local transportation services. formula for the highway user fund, from a portion
Authority for cities to operate a transportation of the current 29 percent county share, or at a level
utility would reduce the need for cities to incur similar to the direct distribution for townships.
debt in order to accomplish major reconstruction Efforts should be made to ensure that county state
and maintenance projects. It would also limit the aid (CSAH) designated for roads within cities
frequency of large special assessment charges on under 5,000 population is continued.
individual property owners. 4. The League supports opportunities for
Finally, authority for this utility will be alternative financing for local transportation
enabling only. Cities will need to individually needs including the option of local authority for
weigh the benefits of such a tool for their long- toll facilities.
term transportation service needs. Cities should be given the authority and
2. Funding for local and state roads and flexibility necessary to finance future needs
streets, including the facilities and operations, through public, private, or joint agreements.
should be clearly appropriated for these 5. The state bonding program should be
transportation purposes. continued in order to provide funds for cities,
Page 36 League of Minnesota Cities Proposed Policies
towns,and counties for replacement and repair Comprehensive Bicycle Plan recommends the
of bridges. establishment of grant program to create bicycle
6. The Legislature should authorize cities friendly zones. Some of the possible programs
to establish,at their option, road access charges include: construction of on and off road bicycle
for new residential,commercial,and industrial facilities, public education efforts, and promotion
development. of bicycling.
Growing communities are finding it increas- 8. The League does not oppose the
ingly difficult to finance construction of facilities imposition of a metropolitan area add-on sales
needed for new residential, commercial, and tax to be used to finance metro transit,light
industrial development. Often, with new develop- rail transit (LRT), and transportation
ments, major streets (collectors) often also need to infrastructure provided it is supported by
be constructed. Under current law, only"the metropolitan area interests,including the
abutting benefitted property" can be specially Association of Metropolitan Municipalities.
assessed for the costs of such roads, and then only If the Legislature approves authority for this
for the degree of benefit. Such assessments are sales tax, overall tax burdens on metropolitan
generally inadequate to pay for the roadway residents should be studied and existing funding
upgrades which are necessary to serve larger distributions should not be reduced.
populations.
Cities should be allowed to levy such charges LUEET 4. Wastewater Treatment (A)
on an area or per lot basis at the time subdivisions The League supports continued state and
are approved, (similar to park dedication fees), or federal assistance, and alternative programs,
on existing open lots when a building permit is which provide financing for wastewater
issued. For other services, the Legislature has treatment construction projects.
recognized similar problems and authorized Clean water is vitally important to the citi-
charges to provide facilities which do not directly zens of this country and particularly to residents
abut the affected property. Two such instances are and visitors of Minnesota. Minnesota's cities
park dedication fees and sewer availability remain committed to improving water quality.
charges. Unfortunately, the costs involved in providing
7. Increased support should be provided cleaner water are staggering. Because of the
for innovative and "inter-modal" incredible cost, it is economically impractical to
transportation programs and policies. immediately eliminate wastewater pollution.
Restoration of funding for the bikeway grants Therefore, all levels of government must take a
program would be an example of this reasonably balanced approach to solving the
commitment. wastewater pollution problem.
Dependency on the current primary transpor- The ability of cities to comply with any clean
tation options should be lessened. All levels of water program is contingent upon the availability
government in Minnesota should continue to of adequate funds for treatment facilities. Since
encourage increased energy conservation, travel- 1978, federal grant funding for the wastewater
demand management, ride-share programs, alter- treatment construction grant program has been
native fuels, bicycle facilities, and research and rapidly phased out. The same budget constraints
education of such options. facing the federal government exist at the state and
There is an increased awareness of health and local level but to a greater degree due to limited
fitness,the environmental benefits and cost effec- revenue sources.
tiveness of bicycling, and greater numbers of 1. The League supports federal and state
Minnesota citizens are looking for safe and conve- efforts to establish a stable funding program with
nient transportation alternatives. The Minnesota 80 percent state/federal funding and 20 percent
Land Use, Energy, Environment, and Transportation Page 37
local funding. General funding to support this government to the extent that the actual state's
program is essential, either from state bonds or costs cannot be specifically justified and only
general revenues. serve as an alternative means for the state to raise
2. The League supports equalization efforts. revenue. If fees are determined to be properly
Cities which received financial assistance between imposed on governmental units, the fees should be
1985 and 1987 were required to locally finance based solely on the cost of actually providing
between 30 and 50 percent of construction costs. governmental services to the political subdivision,
Cities receiving grants both before and after this and private sector alternatives should be made
period, received grants that allowed local financ- available to ensure minimal costs to local
ing to be no more than 20 percent of the project taxpayers.
costs. The grant recipients that paid 30 to 50 6. The League opposes efforts by either the
percent should receive a small supplemental grant state or federal governments to institute enforce-
from the state to reduce the local share to 20 ment actions or impose increased fees or charges
percent, thus equalizing benefits among communi- against communities for failure to meet effluent
ties. Revenues to finance this equalization effort standards while at the same time assigning these
should not diminish other wastewater treatment communities a low priority on the needs list for
financing programs. state and federal funding.
3. The League also supports alternatives to 7. The League supports recent PCA efforts to
grant programs. Revolving loan funds are accept- have agency staff available to communities as
able financing alternatives to the extent that grant resources for operator assistance,evaluation of
programs are not sufficiently funded and the loan treatment needs,educational or liaison efforts, and
program is supplementary to, and not a replace- rate-setting assistance. The League particularly
ment for, grant programs. Smaller communities supports the use of neighboring city staff as
without sufficient local resources must be assured additional advisors for communities.
of an appropriate level of grant financing in order The League requests that the Legislature
to meet effluent standards. Any loan program provide additional staff and resources to the
should take into consideration local financial agency to continue and expand the community
capabilities. assistance program.
4. The League supports efforts to minimize ' 8. The League also supports the continuation
preliminary grant and loan review processes. The of efforts on individual wastewater treatment
construction grants and loans should seek to systems to reduce pollution problems which may
encourage immediate construction with minimal be caused by these systems.
prior review by the Minnesota Pollution Control ' 9. The League supports providing incentives
Agency (PCA) and provide reimbursement to for local plant and infrastructure replacement or
communities on the basis of proven performance upgrade funds to the extent that the requirements
in reducing pollutants in wastewater effluent. The are achievable by all cities, required of all permit-
program should avoid discouraging privatization tees, and insulated from direct or indirect appro-
and innovative treatment methods. The reim- priation by the state. Further, there must be
bursement program should ensure state financing adequate assurances that the existence of infra-
within a reasonable period of time, not to exceed structure replacement reserve funds will not be
five years. Entry into the reimbursement program used in any way for reducing state financial
should be predicated on financing being available assistance or tax relief programs.
within the five-year period.
5. The League supports a full legislative LUEET 5. Transit Funding (B)
review of water quality permit fees and opposes The League
the imposition of these fees on local units of supports legislative action to
provide an adequate and stable source of
Page 38 League of Minnesota Cities Proposed Policies
•
transit funding for city, county,and state mately 2,300. This mileage increase for the
systems. An accessible transit system is an system is necessary to accommodate cities reach-
increasingly vital element of the state's ing the eligible 5,000 population threshold and
transportation system. The League encourages mileage being added by currently eligible cities.
the Legislature to dedicate a portion of MVET In addition, the population factor of the
(motor vehicle excise tax)or some other municipal state aid system should be changed to
dedicated revenues for transit purposes. State reflect annual population updates based on esti-
funding must be available to match expected mates from the state demographer or Metropolitan
federal funding for transit. Council, rather than reliance on federal or special
Minnesota's commitment to public modes of census counts.
transportation has had goals of: meeting the 2. Existing mechanism for transferring
mobility needs of our citizens, improving accessi- jurisdiction of roads should be changed,
bility and efficiency of current transit programs, including increasing the level of funding in the
and to reduce automobile congestion and overall municipal turnback account,and prohibiting
energy and environmental concerns. unilateral revocations or turnbacks of roads
1. Transit funding should become a higher which have not been brought up to normal
priority for the state and MVET or another rev- maintenance standards before the effective date
enue source of dedicated funding for the existing of the revocation.
level of operation for transit systems with a maxi- (Reclassifying many roadways in the state by
mum local share should be maintained. appropriate use classification and jurisdiction has
2.The League also supports creation of a been studied and proposed as an alternative to
separate statewide transit fund for mass transit and increased state funding for state roads.)
light rail transit (LRT)expenditures. State funding The increased cost for cities to assume re-
should be specifically provided for these purposes. sponsibility for general maintenance and life-cycle
3. The League supports coordination of the treatment greatly exceeds the current financial
design and construction of LRT by the Minnesota capacities of cities. Rather than saving money,
Department of Transportation (MnDOT). turnbacks merely make the property taxpayer--
4. Existing railroad trackage/rights-of-way rather than the users--responsible for financing
petitioned for abandonment should be preserved. highways. For these reasons, no wholesale pro-
Appropriate government agencies should, through gram of highway turnbacks should be instituted at
alternate public use, save this trackage until rail this time.
systems once again become economically feasible The League also recommends the following
or needed because of energy considerations. Also, changes to help facilitate turnbacks:
the possibility and feasibility of utilizing existing a) State aid rules should be changed to allow
railroad trackage as part of a fixed guideway and/ counties to upgrade county state aid highways
or light rail mass transit system should be studied. using county state aid highway funds prior to
tumback when cities concur and without penalty
LUEET 6. Transportation Structure and (as under current rules); and
Responsibility (B) b) The League supports allowing cities to
determine if a turnback road will be designated as
1. In order to more adequately represent
a state-aid road or local street. If the city chooses
the current eligible miles of city streets,the•
to designate the road as a state-aid road, this
League supports raising the municipal state aid
system (MSAS)limit to 3,000 miles. designation should not affect the standard designa-
tion process,so that developing cities will be able
Existing law limits MSAS mileage to 2,500; to continue to designate a percentage of new road
total mileage currently in the system is approxi- growth as part of the state-aid system.
Land Use, Energy, Environment, and Transportation Page 39
3. In spite of the consolidation of the two be a precondition toward achieving a goal of non-
metropolitan state construction districts,5 and degradation or treatment resulting in clean water.
9,in 1989-90, the League supports legislation The ability of cities to meet goals must be recog-
which continues the previous metropolitan nized as contingent upon the availability of ad-
membership on MnDOT committees to ensure equate funding, including state assistance. These
that adequate statewide representation principles should apply to both the protection of
continues. our drinking water supplies and the operation of
By law the MSA Screening Committee municipal services.
consists of one member from each highway dis- Because water issues affect many state '
trict and from each first class city. The unintended agencies and come under the jurisdiction of nu-
effect of combining the metropolitan districts merous legislative committees, policy making in
reduces metropolitan representation on this body. the area of water resources has been somewhat
4. The League opposes state legislation fragmented and confused. The League, therefore,
allowing longer truck tractor and trailer supported the creation of a Legislative Commis-
combinations on Minnesota highways. sion on Water by the 1989 Legislature.
Increased needs for acceleration distance Local units of government should retain the
needs, offtracking of rear wheels, and additional basic responsibility for surface water management,
requirements for safe passing are all likely to as they are the level of government closest to the
exceed the physical limits and safety needs of our problem. In 1982, legislation required local
current system. governments in the metropolitan area to adopt
surface water run off controls and regulations. In
LUEET 7. Water Conservation and 1985, legislation encouraged similar steps to be
Preservation (B) taken in the non-metropolitan area of the state.
The League supports state and federal Further, state financial assistance will be necessary
financial assistance for storm water treatment to translate these plans into effective management
and legislation establishing a framework and programs.
providing incentives for local governments to Legislation passed in 1987 creating the clean
adopt programs or plans aimed at conserving water partnership will provide financial and
Minnesota's ground and surface waters. technical assistance to local governments. These
In order to safeguard the public health and statutes should be given sufficient time to work,
the environment it is necessary to conserve and before additional programs or extensive changes to
preserve our water resources as a valuable state existing programs are enacted by the Legislature.
resource. Many watershed districts, counties, The possibility of intergovernmental conflict
cities, and towns have done a good job of dealing should be studied and dispute resolution mecha-
with surface and groundwater management issues nism should be re-evaluated.
and have the authority and ability to continue to do The Legislature should provide additional
so in a cost-effective manner. These existing funds to further encourage cities and other local
mechanisms should continue to be used to the governments to undertake water planning,clean
greatest extent possible to address surface and up, prevention, and management activities. Spe-
groundwater management problems, instead of cifically, additional state funds are necessary to
establishing a new system or creating new organi- finance mandated programs such as well sealing,
zations. removal of underground storage tanks,and clean
The League supports as a basic principle that up of contaminated water supplies. Special levies
no one has the right to pollute either ground or should also be made available to fund water
surface water resources. A reasonable relationship management projects.
of economic and social costs and benefits should
Page 40 League of Minnesota Cities Proposed Policies
•
LUEET 8. Zoning, Subdivision, and comprehensive plan, and financial assistance
Planning Statutes (B) should be made available.
The League supports the existing planning 3. The Legislature should authorize cities to
use impact fees and other development-related
enabling statutes and opposes changes that
fees to partially offset the public costs that are
would restrict cities' current substantive and associated with development.
procedural flexibility to address unique The League strongly opposes the following.
circumstances. 1. The state should not mandate administra-
Minnesota's zoning, planning, and subdivi- five procedures and roles of elected and appointed
sion statutes and regulations are essential to
officials which eliminate or diminish the decision-
promoting economic development, preserving
environmental resources, and ensuring the effi- making authority and flexibility municipal offi-
cient delivery of public services. The Governor's cials need, and now have, under the current en-
Advisory Council on State-Local Relations re- abling law.
2. The League opposes requiring the creation
Gently conducted a thorough review of the state's of a separate planning commission or board of
planning and zoning laws. The League partici-
pated in this study. A subcommittee of local adjustment. These requirements would unneces-
sarily limit the authority of a city to establish a
elected officials was formed to review the recom-
mendations developed by a technical committee structure that meets its unique situation. In addi-
tion, smaller communities may find it difficult to
composed of planning officials from townships,
recruit board members. At the very least, an
cities,counties,regional development commis-
sions, and the state. Those recommendations have to the council should be allowed by ordinance.
been collected in a report on land use legislation,
and draft legislation has been prepared. 3. The League is opposed to prohibiting the
practice of conditional zoning. Cities should be
In general, the League supports those sections
authorized to use conditional zoning at the discre-
of the proposed legislation that preserve or provide tion of the local government.
flexibility for cities to plan and regulate land uses, 4. The League opposes requiring that zoning
and opposes those sections that limit a city's controls be rigidly consistent with the comprehen-
ability to tailor procedures and controls to meet
sive plan. The courts have used inconsistencies
local needs.
Specifically, the League supports the follow-
between the plan and ordinances that almost
inevitably result to compel rezonings. As a result,
follow-
ing. the Legislature clarified that zoning ordinances
1. The Legislature should change the re-
will control in situations where uses in the two
quirement of undue hardship to a more reasonable documents are not consistent. This has greatly
standard, which would loosen the current standard solved the problem and should not be unnecessar-
to reflect common practice in granting variances. ily modified.
2. The League supports requiring the adop-
5. The League disagrees with the fringe area
tion of a comprehensive plan in order to have growth proposal. This proposal would allow any
zoning or other land use controls as long as the p p
single local government unit to force the creation
comprehensive plan is merely a statement of goals, of a joint advisory board to review existing con-
objectives, and policies, and present and proposed trots that govern land within a quarter mile of the
land use maps. Recent cases have called into city's boundaries and existing controls that govern
question the common practice of passing ordi- land within two miles outside the city limits. Any
nances without a supporting comprehensive plan. two or three local governments could force the
Metropolitan cities have had this requirement for creation of a joint planning board which would
several years;and should continue to be covered serve as a joint planning commission for the
by the metropolitan land planning act. Cities designated area. Board recommendations would
should have a five-year grace period to adopt a
Land Use, Energy, Environment, and Transportation Page 41
have to be acted on within 45 days by the govern- super-insulated, and underground development.
ing units represented on the board. 2. District heating and cooling. The League
The joint board should not have any advisory supports efforts to promote statewide applications
or other authority within the city boundaries since of district heating and cooling technology includ-
the purpose of the board is to evaluate existing ing: providing additional funds or the ability to
controls and make recommendations on controls special levy for conducting district heating and
necessary to properly manage fringe area growth. cooling feasibility studies at the community level;
6. The Department of Natural Resources has ensuring consideration of district heating and
recently adopted amendments to the state's cooling potential in the power plant siting process; .
shoreland regulations. These rule amendments and continuing use of the state district heating
will necessitate the modification of all local bond program for renovation of existing district
shoreland ordinances. While experience with the heating and cooling systems.
current state regulations has demonstrated the need 3. Energy assistance. Rising energy costs
for revisions in order to effectuate state policy will continue to place a burden on the economic
regarding the use of shoreland areas, the state must vitality of communities in Minnesota. The League
provide technical and funding assistance to cities recommends:
and other local units of government in modifying a)Continuation of the fuel assistance pro-
local plans. Funding assistance should not be gram for low-income households, with expanded
based solely on miles of shoreland within a juris- services to train recipients in energy conservation
diction but should also reflect the greater develop- practices and with a requirement of recipient
ment pressures in cities. participation in weatherization programs if the
recipient is the owner;
LUEET 9. Energy Conservation (C) b) Support for weatherization programs
The League supports legislation providing operated through cities, counties, and community
incentives for energy conservation in both the action program agencies;
public and private sectors. c)Continued support for the Minnesota
Overall energy conservation strategies in- Housing and Finance Agency's loan and grant
volving the public, private, commercial, and program for home weatherization.
industrial sectors are being developed based on the • 4. Local regulatory authority. Local govern-
rationale that conservation efforts achieve the ments are in the best position to assess local needs
greatest energy savings at the lowest cost. Many and regulate energy consumption within their
of these efforts are receiving valuable assistance communities. The League recommends giving
from the state. any municipality the option to adopt and enforce
The League believes that a city's individual an energy code that may be more stringent than
energy conservation strategy can be accomplished the state building code for purposes of energy
if the Legislature permits or establishes some of conservation.
the following measures.
1. Conservation efforts. The League recom- LUEET 10. Environmental Trust Fund
mends support of the use of bonding and special (C)
levies by local governments for implementation of The voters have approved a constitutional
energy conservation measures, including building amendment for the creation of an
energy audits. This authority would supplement environmental trust fund, and the Legislature
the current municipal energy loan program. The should act promptly to include as eligible
Legislature should also continue to encourage programs wastewater treatment facilities,
private sector conservation through tax credits and superfund cleanup actions,and solid waste
other incentives and should explore the possibility disposal facilities, except the siting of new
of expanding incentives for earth-sheltered, solar, incinerators.
Page 42 League of Minnesota Cities Proposed Policies
The 1988 Legislature concluded that all Projects or programs specifically excluded
Minnesotans share the responsibility to ensure from eligibility include:
wise stewardship of the state's environment and • Superfund cleanup actions;
natural resources for the benefit of current citizens • Wastewater treatment projects; and
and future generations, and that the proper man- • Solid waste disposal facilities (incinerators,
agement of the state's environment and natural landfills, etc.)
resources requires foresight, planning, and long- The legislation does provide that if the
term activities that allow the state to preserve its principal of the trust fund reaches or exceeds $200
high quality environment and provide for wise use million, up to five percent of the fund ($10 mil-
of its natural resources. In order to provide a lion) may be used to provide cities with below
long-term,consistent, and stable source of fund- market rate interest loans for water system im-
ing, the Legislature asked Minnesota's citizens to provements.
approve the creation of a constitutionally dedi- Every one of the environmental protection
cated environment and natural resources trust fund programs identified as ineligible to receive trust
financed by one-half of the state lottery (with funds have estimated needs of tens and hundreds
voter approval) and other state appropriations. of millions of dollars. The need to allocate gov-
The ballot indicated that the environmental trust ernmental resources to ensure adequate and clean
fund"will be used for air, water, land, fish, wild- water for drinking, recreation, and commercial use
life, and other natural resources." The voters should be one of Minnesota's highest priorities.
approved the measure overwhelmingly. The efficient management of solid waste is also an
Although the fund is constitutionally created, immediate and demonstrated need. Yet these
the eligibility of programs and projects for funding programs are ineligible for trust fund financing.
is set by statute. Current law provides that the A trust fund may indeed be needed. But the
following programs or projects are eligible for Legislature should act to ensure that an environ-
financing from the trust fund: ment and natural resources trust fund not ignore
• RIM (Reinvest in Minnesota),a program current serious and expensive environmental
encouraging the use of marginal agricultural problems. A balance between short- and long-
land as wildlife habitat; term environment and natural resources needs
• Research projects; should and can be established. The state should
• Data collection; adequately finance current programs designed to
• Public education programs; provide this and future generations with a quality
• Capital projects preserving or protecting environment and abundant natural resources, and
unique resources; and increasing the types of programs eligible for
• Activities that preserve or enhance wildlife, funding from the trust fund is one way for the state
fish, and other natural resources that to meet its obligations.
otherwise may be substantially impaired or
destroyed in any area of the state.
Land Use, Energy, Environment, and Transportation Page 43
Proposed Policies
Revenue Sources
.
RS-1. Property Tax Reform and State the LGA formula address those problems. Many
Aid to Cities (A) cities are also confronted by problems which
create higher revenue needs. The League supports
Over the past several years, massive changes
have been enacted in our property tax structure. continued efforts to develop an accurate definition
of the various revenue needs of different cities for
These changes have made cities' primary sources
use along with tax capacity in a new city aid
of revenue—the property tax and state aid—
formula. Only by addressing both sides of the
extremely unstable and unpredictable.
In 1990 alone, the state shifted $84 million of revenue and expenditure equation—capacity and
state aid, that had been targeted to cities, to school need—can a balanced state aid formula be de-
districts and then retroactively cut$15.6 million of signed.
the remaining amount of aid. Further cuts in city 3. The League supports the 1991 creation
aids total$38 million in 1991 and $42 million in of the local government trust fund (LGTF),
1992. These cuts in city local government aid which receives the revenues from 1 1/2 cents of
(LGA) and homestead and agricultural credit aid the state sales tax and motor vehicle excise tax
(HACA), along with a ratcheting down of levy (MVET)plus the 1/2 cent local option sales tax
limits, are straining city budgets and making the and MVET. The total of 2 cents should be used
delivery of essential services difficult for many only for the programs,currently listed in
cities. statute for payment from the fund,or
In enacting changes in Minnesota's property equivalent programs such as a new city aid
tax system, the League recommends the following: formula. The availability of sales tax/MVET
revenue growth for local aids should not be
1. Local government aid (LGA), or an
eroded by the addition of new programs to be
equivalent program of sharing revenues
collected on a statewide basis with cities, should paid out of the LGTF. As a result, city aid
remain an essential component of the property from the LGTF should grow annually at the
tax system. same rate as sales tax/NIVET revenues.
The League opposes further cuts in LGA or The adoption of the LGTF holds promise of
HACA and further transfers of aid to school necessary stability and growth for city finances
districts or counties. Such aid cuts and transfers and property taxpayers. This major reform of the
would increase disparities in tax burdens between state/local fiscal relationship will have meaning
taxing jurisdictions, affect cities' abilities to only if the integrity of the fund is maintained by
compete fairly for residents and economic devel- keeping the two cent rate and not adding new
opment, and threaten the delivery of essential city programs to be paid out of the trust fund. If this is
services. done, city aid from the LGTF will grow annually
Cities,just like schools and counties, deliver at the same rate as sales tax/MVET revenues,
basic, essential services and need financial assis- keeping pace with population growth and infla-
tance from the state to deliver those services. tion.
2. The LGA formula should reflect a city's 4. The League supports elimination of
essential needs. income maintenance payments from the
distribution from the local government trust
The League recognizes the problems caused
by low property tax capacity and recommends that fund, while keeping the sales tax revenues going
Page 44 League of Minnesota Cities Proposed Policies