HomeMy WebLinkAbout1991-10-29 CC Packet Special Meeting
e
e
e
r illwater
~ - - - ~
........... -~
THE BIRTHPLACE OF MINNESOTA J
October 25, 1991
M E M 0
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
SPECIAL COUNCIL MEETING, TUESDAY, OCTOBER 29, 4:30 P.M,
This memo is a reminder to Council that a Special Meeting is scheduled for
Tuesday afternoon, October 29, 1991 at 4:30 P.M. in the City Hall Council
Chambers, 216 No. Fourth St" Stillwater, Minnesota to discuss the following:
1, Recycling Workshop with Jim Junker, Junker Sanitation.
2. Resubmission of Ice Arena Pay Plan.
3, Any other business Council may wish to discuss.
CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121
.1
e
e
e
.,.
MEMORANDUM
TO: Mayor and City Council
FR: City Coordinator
DA: October 25, 1991
RE: RECYCLING CONTRACT
Accompanying this memo is the recycling contract with Junker Recycling Inc. The
contract provides that the monthly rate may be adjusted upward or downward based
on cost increases/decreases and revenue increases/decreases provided that
"adequate support and documentation is presented to the City justifying the
proposed rate increase".
The present rate paid to Junker Recycling Inc. per month is $1.40 per residential
unit. However, Jim has been billing us for only 4,710 (@ $1.40 = $6,594 per
month) units whereas there are about 4,900 units according to City records. I
believe the discrepancy exists because Junker Recycling has been invoicing the
City (separate from the regular billing) each month for the recycling service
and has not adjusted their invoice since the program started. (The original
grant funds received from the county and invoiced by Junker Recycling was based
on 4,710 units. This is what Junker Recycling continues to bill us for.) This
will have to be considered when discussing the rate increase request.
Another thing to consider, is the fact that the City receives $10.50 per year
per residential unit or about 88 cents per month per unit Given the present
contract rate (and even after considering the discrepancy explained above), the
City must "subsidize" the recycling service with General Fund Revenues by about
$25;000 per year. It appears that the 1992 grant funds will be about the same
amount we received in 1991 ($51,000) so the City will need to continue to
subsidize the recycling program (with or without a rate increase) unless the cost
is passed on to the user. The amount of the additional subsidy for 1992 will
depend on any increase given to Junker Recycling Inc. I can discuss this further
with you at the meeting Tuesday.
~~
e
e
e
~.~ ."
,..
Ao
RECYCLING SERVICE CONTRACT
BE'l.'WEElI
JUNKER RECYCLING mc_
AND
THE CITY OF STILLWATER
1.
Collection of Recyclable Material
1) Recycling collection shall take place at least twice a month (every
other week) for each dwelling unit. The schedule shall be consistent
with the weekly schedule of the regular refuse collection. Daily
service hours shall not begin prior to 6:00 a.m. nor continue past
10:00 pm.
2) Collection will be from the curbside. At a m1.n1.Illum, collection must
be for newspaper, glass containers, aluminum, tin and steel cans.
If mutually agreed upon or if required by federal, state or county
mandate, other materials such as caraboard, paper and metal can be
added.
3)
Contractor must provide monthly reports for all materials collected.
The required information includes original truck scale tickets and/or
market receipts, when delivered, showing the name of the contractor
and the market, the date of delivery to market, and the net weight
and type of material. The Contractor must also provide to the City
any pertinent information or data required by Washington County
including data pertaining to household participation.
4) The responsibility of all recyclable material collected shall be that
of the Contractor from the time of pickup. Thereafter, ownership
remains with the Contractor until the Contractor has marketed the
materials.
II. Change in Collection Schedule
1) The Contractor may request a change in the day of pick-up by
requesting such change in writing to the City at least twenty-one
(21) days from the proposed date the requested change is to take
effect. A change shall be effected only upon authorization from the
City and fourteen (14) day notice to the residents.
2) The Contractor shall not be required to make regular collections on
Ne~ Years Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day or Christmas Day; provided, that the routes are
collected reasonably in advance thereof or thereafter in the opinion
of the City Coordinator, and the week's schedule shall be completed
regardless of the holiday. It shall be the Contractor's
responsibility to notify residents of any changes in the collection
schedule as a result of said holidays.
3)
The Contractor may also request a change in the route schedule by
requesting such change in writing to the City at least thirty (30)
1
days from the pr?posed date the requested change is to take effect.
A route change ~hall be effected only upon authorization from the
. City.
III.
4) The Contractor shall bear all costs involved in notifying resident
of approved sche8ule changes. The City will, when possible, include
information abopt recycling and of any schedule changes in its
quarterly neWsl~tter.
Performance of Collection
I
1) Equipment
a)
The Contractor shall make all collections of recyclable in
water-tigpt metal receptacle or vehicles so constructed that
their co~tents will not leak, spill or scatter therefrom.
Should r cyclables be dumped or spilled in collecting or
transporting, it shall be immediately cleaned up. A broom and
shovel ir good, usable condition should be placed and
maintaineid on each vehicle for this purpose. Receptacles and
vehicles Ishall be kept clean and free from all offensive odors
as possi~le and shall not be allowed to stand in any street,
alley orJother place longer than is reasonably necessary to
collect leCYClable.
All vehicles shall be painted and marked uniformly and shall
have the! hauler I s name prominently displayed in letters of
contracting color, at least three (3) inches high, on each side
of the v~hicle.
I
b)
c)
i
The Conttactor shall keep all equipment used in the performance
of the ~ork in good operating condition and in a clean,
sanitary' condition, shall thoroughly disinfect each vehicle
at least] once a week unless the same has not been used since
I
the las~ disinfection thereof, and shall thoroughly inspect
each vehlicle as necessary. They shall be equipped to meet all
federal,] state and municipal regulations concerning vehicles
used on Ipublic roads and maintained to meet these standards.
EquiPme1t is subject to periodic inspection by the City.
Safety jEquipment. Each collection vehicle shall have a
flashing light warning system, fire extinguisher and proper
backup ~larms as approved by the City.
d)
2.
e) The CitJ' shall not require the use of specialized containers
until anuary 1990 unless agreed to by the Contractor.
Thereafter the City, after consulting with the Contractor, may
require I the use of specialized containers.
I
I .
Personnel Re~lrements
I
a) Employeies shall be sober at all times, in the performance of
I
I 2
i
I
....
..
e
e
e
e
their duties, be of a presentable appearance, perform work in
a neat and quiet manner and at all times be courteous to the
public.
b)
All services to be performed for the City by the Contractor
pursuant to the terms of this Contract shall be supervised by
such employee, agent or officer of the City as the City shall
designate. The designated inspector may have access to all
of the Contractor I s records and equipment pertinent to the
recycling contract program at reasonable times.
3. Complaints
a) The Contractor shall establish and maintain, in a location
approved by the City, an office with continuous supervision,
for accepting complaints and resident calls. The office shall
be in service during the hours of 8:00 a.m. and 4:30 p.m.,
Monday through Friday, except holidays and as specified in the
Contract. Address and telephone number of such office and any
changes shall be given to the City in writing.
b)
Whenever the City or a resident notifies the Contractor of a
location which has not received scheduled service, the
contractor is required to serve such location no later than
the following working day from the time of complaint. A record
of all complaints and action taken thereon shall be kept by
the Contractor and reported monthly to the City. All
complaints shall be answered by the Contractor courteously and
promptly.
e
4. Public Education
a) The City ~'lill act as overseer for recycling publicity and
public education.
IV. Record Keepinq and Financial Records
1) The Contractor shall keep complete and accurate records, including
quarterly profit and loss statements and balance sheets, in
accordance with generally accepted accounting practices and shall
make available for inspection by the City or County at any reasonable
time withi~ the term of the contract, any and all books, records,
documents and accounting procedures and practices pertinent to the
recycling contract program.
2)
If the City determines that the Contractor has falsified data or
invoices submitted to the City, the City will withhold any payment
until the data or invoice is corrected and may result in the
termination of the contract immediately upon verifying that
falsification occurred. Falsification includes, but is not limited
to: claiming the weight of recyclables to be in excess of their
actual weight ("bumping"); claiming recyclables collected outside
e
3
the city in data or on invoices; and requesting payment for materials
not specified in the contract.
V. ~ayment for Services
1.)
2)
3)
The city shall p~y the Contractor $ 0.75 per month beginning October
1, 1989 for reCliCling serlices for each residential unit including
apartments that are billed for regular collection service.
The monthly rat may be adjusted upward from time to time based on
cost increases 9nd decreases in revenues from the sale of recyclable
material provi~ed that adequate support and documentation is
presented to tht City justifying the proposed rate increase.
The monthly ra e may also be adjusted downward from time to time
based on cost ecreases or increases in revenues from the sale of
recyclable mate ials provided that adequate support and documentation
is presented to he Contractor justifying the proposed rate decrease.
VI. Insurance
VII.
1)
During the ent,ire period of the Contract, the Contractor shall
maintain, at its cost and expense, and file with the City, policies
or certificates of Worker's Compensation and General Liability
Insurance. Minimum insurance policy coverage requirements are:
a) combined single limit policy of One Million Dollars ($1,000,000)
including Publp.,c Liabili ty Coverage for both Bodily Injury and
Property Damag1. All policies evidencing insurance required by this
paragraph shal name the City and the Contractor as named insured,
and shall insu.e the City and the Contractor by reasons of any act
or omission, ~ncluding negligence, of the Contractor or of the
Contractor's e1ployees or agents in connection with the performance
of this Contract, including claims arising out of the use of or
operation of a~y vehicles used by the Contractor or the Contractor's
employees or ag~nts in performing this Contract. Such policies shall
be in form and icontent satisfactory to the City Attorney, and shall
be filed with I the City Clerk. A certificate showing that the
Contractor hasl in effect the aforesaid insurance covering both the
Contractor and the City shall be filed with the City Clerk within
ten (10) daY1 from the execution of the Contract, and yearly
thereafter, a least thirty (30) days prior to the date of the
expiration of said policies of insurance for each year of the
Contract. Al~ of the foregoing policies shall be issued by an
insurance comp ny or companies licensed to do business in the State
of Minnesota nd authorized to assume the risks covered thereby.
Memorandum policies and receipts for the payment of premiums shall
be filed with he City showing payment of premiums for at least one
year in advance and on each renewal date provided therein.
Indemnification
1)
The
i
I
contracto1
I
i
i
4
agrees to indemnify and hold harmless the City, its
e
e
e
~
e
agents, officers and employees from any and all claims, causes of
action , liabilities, losses, damages, costs, expenses including
reasonable attorneys 1 fees , suits, .demands and judgments of any
nature, because of bodily injury to, or death of, any person or
persons, and/or because of damages to property of the Contractor or
others, including loss of use from any cause whatsoever, which may
be asserted against the City on any such matters, and to pay and
satisfy any judgment entered thereon together with all costs and
expenses incurred in connection therewith. The city shall in no
way be liable for any claims or charges incurred by the Contractor
in the performance of this Contract.
VIII. Guaranty of Nondiscrimination
1) The Contractor agrees that during the life of the contract, the
Contractor will not, within the state of Minnesota, discriminate
against any employee or applicant for employment because or race,
color, creed, national origin o~ ancestry or sex and will include
a similar provision in all subcontracts entered into for the
performance thereof. The Contract may be cancelled or terminated
by the City and all money due or to become due may be forfeited for
a second or subsequent violation of the terms or conditions of this
paragraph. This paragraph is inserted in the Contract to comply with
the provisions of Minnesota statutes Subsection 181.59.
--
IX.
Legal Compliance
The Contractor shall comply with ordinances of the City and the County and
the laws and regulations of the State of Minnesota and' its agencies
relating to collection of recycled materials in effect during the term of
the Contract.
x. Transfer or Sale of Contract
1) The Contractor will not make or create, or suffer to be made or
created, any total or partial sale, assignment, conveyance, or lease,
or any trust or power, or transfer in any other mode or form of or
with respect to this Agreement or any part thereof or any interest
therein, or any contract or agreement to do any of the same, without
the prior written approval of the City, 'tlhich approval will not be
unreasonably withheld.
The City shall be entitled to require, except as otherwise provided
in the Agreement, as conditions to any such approval that:
1) Any proposed transferee shall have the qualifications and
financial responsibility, as reasonably determined by the City,
necessary and adequate to fulfill the obligations undertaken
in this Agreement by Contractor; and
e
2)
The transfer does not create an antitrust situation in the
local refuse hauling industry that is contrary to the public
5
XI.
..
3)
interest 0 the residents of Stillwater; and
Any proposed transferee, by instrument in writing satisfactory
to the City for itself and their successors assigns, and
expressly assumed all of the obligations of service under this
Agreement and agreed to be subject to all the conditions and
restrictions to which service is subject. It is the intent
of this Section, together with other provisions of this
Agreement, ithat (to the fullest extent permitted by law and
equi ty andl' excepting only in the manner and to the extent
specifical y provided otherwise in this Agreement) no transfer
of, or cha ge with respect to, ownership or any part thereof,
or any int~rest therein, however, consummated or occurring,
whether voluntary or involuntary, shall operate, legally or
practicallt, to deprive or limit the CIty of or with respect
to any rig ts or remedies or controls provided in or resulting
from this greement; and
There shal~be submitted to the City for review all instruments
and other egal documents involved in affecting such transfer,
and if app oved by the City, its approval shall be indicated
to the contractor in writing. The proposed transferee shall
submi t to !the City for review all bonds, insurance policies
and any and all other documents required by this Agreement,
and if app~oved by the City, its approval shall be indicated
to the proposed transferee in writing.
!
e
4)
Modification of Contr ct
e
This Contract may be m dified by the City to include regulations mandated
by the State of Minnesota, Metropolitan Councilor the County of
Washington.
XII. Duration of Contract I
1) This Contract shall remain in effect until June 30, 1992 unless
terminated by t~e City on the grounds that a substantial change in
circumstances ot conditions, not apparent at the execution of this
Contract, requite a change in public policy needed to protect the
health, safety ~r welfare of the City. If terminated before June
30, 1992, the cortractor shall be entitled to 90 days written notice.
I
XIII. Breach of Contract !
This
1989
If the City determines that the Contractor is in breach of the
Contract, a wri ten notice will be sent to the contractor allowing
him thirty (30) days to comply. Failure by the Contractor to comply
with the contraft by the end of the thirty (30) day period the City
will terminate fhe Contract by legal remedy.
agreement shall be in ~Ull force and effect from and after~~/ I~
and until June 30, 199,. )
1)
e
o
~,
e
IN WITNESS WHEREOF, we have hereunto set our hands the day and year first above
written. .
=;:~SLI: U/ '
By:.e---;;;/"t?.c-~~ <" L--;;:::::~ _~-:::$...
r-- o~z: ~-/ C': / .
'~~/ L ji
STATE OF MINNESOTA
COUNTY OF WASHINGTON
The foregoing instrmnent was acknowledged before me this ...-!<,;;2'f! day of(;:;"{'/~V'~-"""'"
1989, by James L. Junker on behalf of Junker Recycling Inc. (j
CITY OF STILLWATER
BY: d)~ ~
BY: l~) ~} trV'~~'
.
........
8.'..-~ MARGARET A. TSCP.!DA
floury PubUc4.' Meseta
Washington County
My Comm. Exp. ].6-95
J? (tV'vCJ1J~.L~
Notary PJ1blic
-)~
?//;~Z&./
e
STATE OF MINNESOTA
COUNTY OF WASHINGTON
. 3 T"l-l -I-
The foregoing instrument was acknowledged before me this 0 --day of ~~
1989, by Wallace Abrahamson, Mayor and Mary Lou Johnson, City Clerk on be alf
of the City of Stillwater.
~ NILE L. KRIESEL
*.!JNOTARY PUBUC- MINNESOTA
\~ WASHINGTON COUNTY
My CommIssion expires Cet.15, 1990
7/~cK1(~
Notary Public
e
7
1
e'-~~'
..~
~ ~
")... '-::.
<.,
~-
- ~)
. -:---- ~
:.-.
.,
_.~
e
tit
~.
~
JUNKER RECYCLING INC,
OPERATING STATEMENT
October 1, 1989 - September 30, 1990
RECEIPTS
EXPENSES
,."
Labor....l F.T. r:.
Payroll Tax
Workmans Comp Ins :II'!.
Vehicle & Equipment
Hauling
Garage
Gas & Oil
Fringe Beneiits
. Legal & Accounting
Oiiice Wages
OiiiceKSalary
'j
....
Total' Expenses
NET OPERATING PROFIT
.>l' Lz,;.t.-<.'-I..........)..,...,,,L. ~.......J~:.7....
~ ~ ~,... ~~ }~,e....-/~--,
If!.- 1"'-0<'-' .....-
(4--1 - 7
. 7 ~~,. yt-: II
.if
/.~,(/
/' ....~t~l
t:/',I-I.
). I'
: 7-;
in
65,819
35,360
3,890
7,426
8,400
15,360
7,200
2,700
2,712
1,500
3,000
6,000
93,548
(27,729)
/.'1 "
.- /. :,-'0
: \
" 01 ' /)., 1_71' I C Of / i
/,..I)(~_ /. ...."',..<.J,4~..J I ,/."'~j
.. /
",/:' nc.l',) j..<"cm c;..e: " .
S J.d / 1
J S J '7 c ..-;-
f-777."1
)
e
e
e
..
...
........
JUNKER RECYCLING, INC
OPERATING STATEMENT CALCULATIONS
LABOR
Two employees @ 340/week
PAYROLL TAX
Eleven percent of Labor
WORKMAN'S COMPENSATION
Twenty-one percent o~ Labor
HAULING
100 Loads at $140 + $60/mo-
Non Recyclable Hauling
VEHICLE & EQUIPMENT
Rent at $700/month
GARAGE
Rent at $600/month
GAS 8. OIL
Twelve months at $225/month
FRINGE BENEFITS
Pension #30/week
Hospitalization #101/month
LEGAL 8. ACCOUNTING
$125/month
OFFICE WAGES
$250/month
OFFICER SALARY
$500/month
"
e
JUNKER RECYCLING INC.
OP~RATING STATEMENT
Octob~r 1, 1990 - Septembex- 30, 1991
REceIPTS
EXPENSES
t.~
5~
e
Labor
Payroll Ta)(
Workmans Comp Ins
Vehicle & Equipment
Hauling
Garage
Gas & Oil
Fringe Bene1'1ts
L~gal & AccQunting
Of.fice Wages
Officer Salary
~3,040
5,834
12,199
1~,200
19,060
7,200
5,160
1,212
1,500
4,800
9.600
Tot.al Expen$es
132,805
NET OPERAtING PROFIT
e
101,014.85
-zCh t'L%'
,-,~<6c,
(31.790.15)
.'
~
e
JUNKER RECYCLING, INC.
OPERATING STATEMENT CALCULATIONS
LABOR
three em~loyees @ $340/week
PAYROLL TAx
Eleven percent of L~bor
WORKMAN'S COMPENSATION
Twenty-th~~~ pe~Qint cf labor
HAW~ING
131 loads at .140,+ $b0/Mo
NQn-~9cycl~ble Hauling
VEHICLE & EQUIPMENT
Rant at ~1100/mcnth
GARACE
Rant at 5600/month
GAS & OIL
Twelve months at S430/month
FRINGE BENEFITS
Hospitali%ation $101/month
e
L~GAL & ACCOUNTING
$125/mcnth
OFFICE WAGES
t401/month
OFFICER SALARY
tS00/month
e
RECYCLING GRANT PROGRAM
CURBSIDE RECYCLING SEMI-ANNUAL REPORT
WASHINGTON COUNTY
~TE: Recycling programs operating within Washington County and funded by the Washington
ounty Recycling Grant Program are required to submit semi-annual recycling reports on this
orm. Reports for the period from January 1 through June 30 are due by July 15. Reports
or the period from July 1 through December 31 are due by January 31 of the following year.
eports should be sent to: Washington County Public Health Department, 14900 N. 6lst St.,
.0. Box 6, Stillwater, MN 55082-0006.
..---~ ------...
) Reporting period: (circle) January 1 - June 30 (,JUlY 1 - December 31 I 19 90
_../
:) Uni t of government City of Stillwater
Contact person Nil e L. Kriesel Phone number 439-6121
I) Recycling contractor name Junker Recycling, Inc,
Contact person 111M .1IlN.KFR . Phone number
439-7135
~) Frequency of collection:
)~Ovide total number of
~Weekly ___Twice monthly
_Monthly
Other
tons collected
Month
July
August
September
October
November
December
for each month.
Tons Collected
40.27
46.18
63.33
62,14
42.51
57.96
5) Materials collected during reporting period (in tons). Individual tonnage figures must
be provided for each type of material collected.
Material Tons Material
Glass 68.96 Corrugated
- Aluminum 5.74 Plastic
Steel beverage cans Household goods
Tin food cans 10.63 Other leaves & grass
Newspri nt ~/3 I 3
Tons
13.76
244
200
7i11rovide a written statement indicating that you have verified the tonnage figures provided
~y the recycler(s)/hauler(s) are accurate. Please do not submit copies of weigh tickets,
receipts, etc. ---
8) Provide tonnage figures for materials collected by other community recycling programs
such as churches, scout troops, or other volunteer groups. Also provide any information
you may have on commercial recycling. (Attach separate sheet.)
Provide participation rates for your program:
Number of Stops
1746
2038
1530
2937
~~:~ ~
Describe how participation rates were determined
Month
July
August
September
October
November
December
Households
4710
4710
4710
4710
4710
4710
Served
= Participation
37%
43%
Rate
e
32%
62%
58%
62%
if different from the above.
List public education activities and the estimated number of persons impacted by each
activity: (Please attach samples of written materials which were distributed.)
Date
Activit and Location
Newsletter article
Newsletter article
# of People Impacted
4710
4710
8/90
10/90
e
Are recycling containers provided ~o residents? Yes
If yes: Type of container(s) proVided
Number of households whi9h received containers
I
i
i
Describe your current or planned irl-house recycling program. (According to State
Legislation, all state and local 99vernment buildings and schools in the Twin Cities
metropolitan area must collect and Irecycle at least three materials by 1991.)
i
City is currently recycling office paper, newspaper and corrugated material. Glass, plastic
and metal cans are very limited andlnot part of recycling program. ~
I
I
I
Describe any problems encountered 4uring the previous six months of operation:
X No
None
I Describe any special events/occasi0ns or activities which increased tonnage collected in ~
the previous six months. ' ~
None
Budget:
T~l Budget for Calendar Year ~: January 1, 19 90-December 31, 19~--$
January I-June 30
56,623
462
July I-December 31
2,062
30,380
462
32,904
6,486
25,069
31,555
Tota 1
1990
Expenditures
Administrative Costsl
Contracted Services
Capitol Costs2 (describe)
Public Education3
Other (describe)
2,062
21,195
4,124
51,575
924
23,719
56,623
TOTAL
Program Revenue
City Funds
County Funds
Other (describe)
25,068
6,486
50,137
TOTAL
25,068
56,623
Source of City Funds
Uti 1 ity Bi 11
Property Tax
~eneral Revenue
User Fee (Resi dents charged di rectly)
Other (describe)
6 .486
6,486
TOTAL 6.486 6,486
NOTE: The exoenditures/revenue r"eport for 1/1/90:
6/30/90 was not accurate. This report
1 accurately reflects the budget for the two
Includes staff costs and legal costs only. -(2) reporting periods and for the year.
2Direct program equipment costs such as recycling bins.
3Includes mailings, copying, postage.
Inature of person preparing this report:
Date report completed:
---::;:@ /!~
e
o</y/q(
e
e
e
MEMORANDUM
TO:
City Council
FR:
City Coordinator
DA:
October 24, 1991
RE:
ICE ARENA PAY SCHEDULE
At the meeting of October 1, 1991, the Council approved the attached pay schedule
for Ice Arena Personnel. However, it was the intention of the Ice Arena Manager
to request a 10 cent increase each year after seven (7) years of service for
the Zamboni Operator. Apparently, this is the only position (for part
time/seasonal employees) where an individual tends to come back the next season
and where it is desireable for the City to retain an experienced operator. The
adjustment appears reasonable and I would recommend approval.
~A
e
e
tit
MEMORANDUM
TO: Mayor and city Council
FR:
City Coordinator
!o/J-q(q(
DA:
October 1, 1991
RE: PROPOSED PAY SCHEDULE FOR PART TIME ICE ARENA EMPLOYEES AND FEES FOR 1992 SUMMER HOCKEY SCHOOL
Pay Schedule
The Ice Arena Manager, with the approval and recommendation of the Park and Recreation Committee is requesting
Council approval of the following pay schedule for part time ice arena personnel:
After After After After After
Enter 1 yr. 2 yrs. 3 yrs. 4 yrs. 5 yrs.
Concessionaire $4.25 $4.50 $4.75 $5.00 $5.25 $5.50
Skate guard $4.50 $4.75 $5.00 $5.25 $5.50 $5.75
Zamboni Operator $5.30 $5.55 $5.80 $6.05 $6.30 $6.55
After
6 yrs.
After
7. yrs.
$
$
$7.15
$ .10
addn.
past pay
ea
yr.
This arnountILto__C!_____:.>O a~J:"oss the b<?ard increase and is consistent with the minimum wage increase and
schedule which were based on minimum wage. - - -- -- -- ------ . ---
Minimum Fee for Summer Hockey School (1992)..
The Park and Recreation Committee also increased the fees for the 1992 Summer Ice (Beaulieu Hockey School) to
$12,270. This is a 6.7 percent (6.7%) increase over the 1991 fee. I do not believe that this requires Council
action because the fees are based on cost recovery and not specifically on ice time hours. But is presented
for your information.
M E M 0
e
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
GAMBLING LICENSE FOR THE AMERICAN LEGION
Attached is an application from the American Legion for a Pull-Tab Gambling
License.
Recently, the Elks were granted a license to operate an off-site Pull-Tab
facility at the Legion, Mr, Rheinberger explained that they had to pull their
original license because expenses exceeded profits and the Elks were invited
to run the operation for three months. The Legion will then, hopefully, run
the operation after that.
Your decision, with resolution, is requested.
UPDATE ON AMERICAN LEGION GAt1BLING LICENSE
~ DATE: October 25, 1991
Mr. Rheinberger, representing the American Legfon, informed me when he applied
for the license, that the Legfon was liavi:ng some problems with running the
pull-tab operatfon and had asRed the El ks to take over for about three months
on the Legion premi:ses. Tl1ey are now applying for a new license and when
that fs granted By the State, tile Elks wfll cease their operation at the Legion.
~
e
e
e
~ Saint Paul
. Area Chamber
~ . of Commerce
October 22, 1991
Ms. Mary Anderson
Chair
Metropolitan Council
230 East 5th st,
Saint paul, Mirl.T1esota 55101
and
Mr, Hugh Schilling
Chairman
Metropolitan Air'p)rts Carrnission
6040 28th Avenue South
Minneapolis, Minnesota 55450
Dear Ms, Anderson and Mr, Schilling:
After rronths of study, revie;..l and disalSsion with affected parties, the
Air'p)rt Task Force of the Saint Paul Area Chanber of O:mnerce prepared an
Air'p)rt Location policy Report regarding the future location of the MSP
International Air'p)rt. The policy statanent was adopted by the Board of
Directors on Septeml:er 17, 1991.
O1r Ch.crnber understands the tranendous asset which the MSP International
Air'p)rt represents for our citizens and cur b..1siness camunity, To a great
extent, the success and econanic grCMth of the Twin Cities metropolitan
area has been a result of the transportation services provided by Northwest
Airlines, other national and regional airlines and the existence of an
accessible international air'p)rt managed by the Metropolitan Air'p)rts
Carrnission.
The Saint Paul Chamber will continue to be a participant in the decision
process which will lead to the evenb.1al siting of a ne;..l air'p)rt or the
long-term expansion of our existing air'p)rt, We enca.lrage you to reach
this decision within 24 rronths in order to minimize the impact on property
cmners in Dakota County, We ask that an ecananic impact analysis be
canpleted before a final decision is made,
101 Norwest Center
55 East Fifth Street
Saint Paul, Minnesota 55101-1713
612/223-5000
Fax: 612/297-6879
Telex: 7401653 SPAC UC
e
,
Business leaders of the met I. ro east area are available to participate in
canni ttees and task forces, established for this review. we have been ably
represented by Mr. re G..1tzinann in the past and stand ready to add
additional leadership as necessary,
Respectfully,
~~~
Richard G. Hadley
President
RGHlsue
enclosure
cc: Mayor Jares Scheibel, i City of Saint Paul
Saint Paul City Council
Ransey County Board of Ccmnissianers
Mayors - Metro East t:ties
Metro East Legislator
Metropolitan Council rs
e
e
e
e
e
.,.
TAl Saint Paul
. Area Chamber
..., . of Commerce
MINNEAPOLIS/SAINT PAUL
INTERNATIONAL AIRPORT
lOCATION POLICY
THE SAINT PAUL AREA CHAMBER OF COMMERCE:
1 . Continues to support the dual track process and
encourages MAC, the Metropolitan Council and
State Legislature to conclude the review within
twenty four months to minimize the impact on
property owners in Dakota County.
2. Recommends that an economic impact analysis
be completed before the final decision is made.
There is a need for clear cost comparison of the
two options, including the economic impact:
*01 new development and associated infra-
structure in Dakota County.
*On the area surrounding the current
airport if it is moved.
*Of alternatives for re-use of current
airport property.
101 Norwest Center
55 East Fifth Street
Saint Paul, Minnesota 55101-1713
612/223-5000
Fax: 612/297-6879
Telex: 7401653 SPAC UC
3. If the deci~ion is made to keep the airport at
its current ilocation, then it is in Saint Paul
and Metro lEast's interest to maintain the
terminal onl the east side, creating a more
positive orientation for our area.
I
i
I
I
!
4. If the decision is made to move to a new
location, thr. n the Dakota County site is
the most f vorable, and would ensure the
most directi economic benefit to Saint Paul
and Metro ~ast.
TO BE COMMUNICATEq TO THE METROPOLITAN AIRPORTS COMMISSION,
METROPOLITAN COUNqlL AND EAST METRO LEGISLATORS.
\
!
I
I
ADOPTED SEPTEMBER hi
1991
...
e
e
e
..
"'SaJ
e ENCINEERS. ARCHITECTS. PLANNERS
MEMORANDUM
3535 VADNAIS CENTER ORNE, $I PAUL, MINNESOTA 55110 612490-2000
ATTENDEES:
e
STILLWATER, MINNESOTA
DOWNTOWN IMPROVEMENT PROJECT
SEH FILE NO. 89255
OCTOBER 17, 1991
WEEKLY CONSTRUCTION MEETING MINUTES
Ellen Anderson - Brick Alley Books
Carole Ryden - Stillwater Merchants
Dick Moore - SEH, Inc.
Sheila Baillanger - Chamber
Pat Wagner - King Video Cable
Art Nielsen - NSP Electric
Jerry Neumann - A. A. Hanson
R. M. Bergman - Off Main St.
Cara Capuzzo - Stillwater P.D.
Tom Sohrweide - SEH
Kathy Westman - Ball of Wax
Gary Borntrager - Collins Electrical
C.E. Hanson - Electrical Concepts
Jeff Magler - Police
Ron Anderson - Water Department
Tom Lynch - SEH
Nancy Mellen - Fancy Nancy
David Junker - City of Stillwater
Steve Volbrecht - JBC
Will Rogers, Seasons Tique
Vern Stefan - SB & Co.
Diane Rollie - Mulberry Point
Ann Terwedo, City of Stillwater
Dave Schwartz, NSP
Mary Jo Johnson, Sherstad Woods
Schedule
Steve Volbrecht with Johnson Brothers Corporation (JBC) reviewed
the weekly schedule. Utilities will be completed this coming
week on Main Street between Chestnut and Myrtle and the utility
work will be followed immediately with the subcut and placement
~ of granular backfill and the aggregate base. Concrete work will
SHORT EWOIT
HENDRICKSON INC.
5I PAUL,
MINNESOTA
CHIPPEWA FALLS,
WISCONSIN
Weekly Construction Meeting
October 17, 1991
Page 2
be completed on S:outh Main in front of Vittorio's. The
subcontractor, Arco~ Construction, will be in Stillwater to catch
I
up on miscellaneousl concrete replacement, including curb radii
I
and sidewalk areasl that can be completed. The crew will
concentrate mainly qn major intersections such as Chestnut, Main
and Second. Curb 0 Myrtle Street from the Levee Road to Main
and on Main Street rom Myrtle to Mulberry is scheduled for next
week. If Main Str et is completed underground and subcuts are
complete between Che tnut and Myrtle while the curb crew is town,
curbing will be p aced on this block also.. Bituminous is
scheduled for Thursd y, October 24 on this segment of Main Street
and Myrtle Street. The Myrtle street watermain will be started
and the sewer repair to follow between Main street and. Second
Street. At the s~e time, the sewer repair on Third Street
between Chestnut and Myrtle street will follow. These utilities
will begin as SOOl as the utility work on Main Street is
completed. Nelson treet between Water street and the railroad
will receive removal and bituminous at the end of next week.
I
NSP Electric
Water street. NSP needs to put
street. NSP will begin pulling
October 18 in these areas.
Conduit is all in an~ complete on
I
castings on the manh~les on Water
i
cable today or tomfrrow, Friday,
Temporary lighting Will be placed on Friday, October 18.
I
will check the ligh1s on Mulberry and on Main and Water Street
today to make sure 1hat they are functioning. Footings will be
poured for the tran9former pads on Water street in the next two
weeks. The undergrbund will be completed on North Main from
I
Laurel to Elm. Tele~hone to complete Second today. Cable TV is
still working in w~ter street. Cable TV will continue to
I
coordinate with NSP I so that they may place their cable in a
common trench. Th1Y anticipate work on Water Street between
Myrtle and Mulberry 40r television cable to take 4 to 5 days.
!
NSP
..
e
e
e
,
e
e
e
Weekly Construction Meeting
October 17, 1991
Page 3
Water Department
The Gazette building to Hooley's and Chestnut to Commercial will
be cut over on the watermain beginning at 5:00 a.m. on Friday.
Water will be off for one hour if the test on Main street passes.
NSP Gas
No work anticipated.
Public Works Department
Vern Stefan requested that manhole covers and lids be removed
from the old Standard Station on the corner of Main and
Commercial so that it would be ready for the celebration this
weekend. Vern also said that three cars were stuck in the sand
in Main Street at the public parking lot by the Super America.
He wondered if something could be done to remedy this. JBC said
that Class 5 will be placed today on Main Street and this should
assist traffic access to the parking area. Vern also asked about
replacing some of the plywood on the temporary walks with the
plywood reinforced with boards. He would also like the
contractor to stockpile a few platforms for use at the old
Standard Station over the weekend.
Diane Rollie thanked the contractor for cleaning up the railroad
area east of Water at Mulberry for the upcoming celebration.
Carol Ryden commented that the Mulberry sidewalk was missing and
why hasn't it been patched. The answer is that the NSP poles
have not been removed yet and NSP said they need to coordinate
with Hanson Electric on the underground service that they placed
from the antique store at the corner of Main and Mulberry. When
will Olive be overlaid? Steve from JBC said in about two weeks.
A question was also raised about the trench at Olive and Second
and whether it was NSP or not. NSP was asked to maintain their
Weekly Construction Meeting
October 17, 1991
Page 4
trench on Olive St~eet until the overlay is complete.
look into patching ~he trench on Olive.
NSP will
I
Carol raised a question on the sign brackets and it was answered
that all permanent figns are inplace and JBC is putting cones on
all the small POSjS that are sticking up but they seem to
disappear over wee ends. JBC cannot be in the area to police
these cones all wee ,end, but they are trying to keep up with them
and at this point i1stall the new signs where the small posts are
protruding from the !walk area.
I
A question was rais~d by Ellen Anderson about the no left turn at
i
the first entrance ~nto the Brick Alley lot. It seems to confuse
people and they doJ I t realize that the second entrance to the
I
south is for the l~ft turn movement. SEH will look into some
addi tional signing', to enhance the parking lot entrances. A
question was asked] about water between Nelson and Chestnut
because of access i~ the sandy material. It was stated that as
soon as the cable T~ people are complete, JBC will place Class 5
on Water Street so ~hat access will be better. It was requested
that blading be accJmplished a little more often on Water Street
to keep the area ~pen for the weekend since some businesses
depend on Water streit for their access.
Carol Ryden raised I a question as to why the island area was
constructed at the porner of Nelson and Main Street. This was
for better pedestriJn protection and also hooded area for parked
cars. This was a ~eSign that was completed by Mn/DOT under a
cooperati ve agreeme9t with the City years ago and there was no
intention to make any changes in this original design.
I
A question was raiseb as to when
The contractor intezj1ds to start
would like to start'$etting poles as soon as Main Street is paved
!
the lighting will be installed.
pulling wire next week and he
~
e
e
e
~
e
e
e
Weekly Construction Meeting
October 17, 1991
Page 5
so that he has good direct access with the long poles from the
old prison site to the south end of Main street. The contractor
intends to set 35 to 45 poles per day on the sidewalk area and
then erect them as quickly as possible.
REM/cih
c: Nile Kriesel - City of Stillwater
Elmer Morris - Mn/DOT, District 9
Wally Abrahamson, Mayor - City of Stillwater
Gary Funke, Council Member - City of Stillwater
Roberta Opheim, Council Member - City of Stillwater
Tom Farrell, Council Member - City of Stillwater
Ann Bodlovick, Council Member - City of Stillwater
Dick Moore - SEH, Inc.
Tom Lynch - SEH, Inc.
Mike Kraemer - SEH, Inc.
e
e
e
'. l'\o k
e
e
SANDRA R. BOEHM
MICHAEL M. CARTER
CAROLE V. RYDEN
HOWARD L. BOLTER
SANDRA. R. BOEHM & ASSOCIATES, LTD.
ATTORNEYS AT LAW
2310 AMERICAN NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 55101
(612) 290-91 19 KATHLEEN B. LINDENBERG
FACSIMILE (612) 290-2534 . ADMINISTRATOR
October 23, 1991
Hr. Nile Kriesel
City Administrator
216 North 4th Street
Stillwater, Minnesota 55082
RE: DOWNTOWN IMPROVEMENT PROJECT
Dear Mr. Kriesel:
Thank you for forwarding copies of the Change Orders. We still
need number 4 and number 8 and would appreciate your sending them
as soon as possible.
We note the engineer states there has not been an updated
lighting schedule. We would like to see the original lighting
schedule~. When the updated schedule is complete, we would
like a copy of that, too.
On Tuesday, October 22, 1991, your subcontractor, Miller
Brothers, closed off the parking lot behind the Brick Alley
building for a number of hours. This was done without notice to
the merchants or users of the lot. Therefore, people who had
parked there were "stranded" until Miller was finished. This
created unnecessary and unanticipated delays as well as
frustration to merchants and their customers.
In the future, we would appreciate it if the contractor would
give all affected merchants notice of any parking lot closing one
day in advance, if possible. Regardless, signs should be placed
on the affected lot entrance early in the day, before cars have
parked there, notifying persons using the lot that the lot will
be closed for specified hours.
e
e
e
~- .
e
e
Mr. Nile Kriesel
City Administrator
Downtown Improvement Project
Page 2
Thank you for your cooperation.
Sincerely,
SANDRA R. BOEHM AND ASSOCIATES, LTD.
I/} A /f.,/J ~/,;'7 A /
L/c~,lt?'tk / - c/( '-JC~-1--../
Carole V. Ryden
CVR:vs
cc: Stillwater Merchants
Mayor and City Council
City Attorney
e
e
e
"'
DATE:
October 21, 1991
TO: Stillwater-Houlton River Crossing Task Force
FROM: Mike Louis, Project Manager
Mn/DOT #612-779-1208
SUBJECT: Task Force Meeting Notification
--Status of TH 36/TH 5-Co. Rd. 5 Interchange
--Status of TH 36 Expressway Design Study
--Status of Bridge Type/Design Selection Process
NEXT TASK FORCE MEETING
Thursday, October 24, 1991
7:00 P.M.
Stillwater City Council Chambers
218 North 4th Street
I have enclosed the discussion agenda and the discussion summary
from our last meeting for your information. We are still moving
ahead on our approach highway design process, and the bridge type
and design selection process. We will provide updates at the
Thursday meeting.
e
e
e
DISCUSSION TOPICS
Stillwater-Houlton River Crossing Task Force
September 26, 1991
1. Schedule Status:
A. TH 5-Co. Rd. 5 & TH 36--12/93 Letting
B. TH 36--12/91 Design Public Hearing: On schedule
--Approach Highway Design
--Bridge Type/Design
Publish FEIS: April, 1992
BUILD/NO-BUILD Decision: June, 1992
2. TH 36 Design Modifications & Refinements:
A. Bridge Curvature & Relationship to Design Options
B. Elevation Difference Problems Between TH 95 & Osgood
--Bridge & Approach Grade Changes; TH 95 Relocation
3.
Bridge Type Preference Survey:
A. Results & Discussion
B. Architectural Evaluation & Alternative Modifications
C. Alternative Bridge View Perspectives--Photographs
4. Business Group Meetings:
A. Information Needs--
1.) Photographs of TH 61/Newport to demonstrate
expressway problems in high traffic volume areas.
2.) Photographs of I-35E/Eagan area to illustrate how
business and limited interchange access can work
together.
3.) Develop perspective sketches to illustrate how
lowering TH 36 grade near interchanges and
overpasses would minimize visibility and
acquisition impacts.
4.) Develop long-range construction staging plan.
5.) Others?
5. Task Force Needs:
A.
B.
C.
D.
Information or additional study needs?
Status or information update meetings with communities?
Others?
Would like to plan on setting up monthly Task Force
meetings. Next meeting?
STIUMATKR-HOULTQN TASK FORCE MKKTING
MIWl'ES
September 26, 1991
Attending: Howard LaVenture, Houlton; Hugh Luckey, Houlton; Sally Evert,
Washington County; Ben George, St. Joseph Township; Barb OJNeal, Oak Park
Heights; Charles A. Grant, St. Croix Board; Robert Draxler, St. Croix County
Highway Commission; Johni L. Jewell, Stillwater; Les Schwalen, Bayport; Richard
OJBrien, Bayport; Terry ~ederson, Wisc/OOT; Doug Schwartz, Grant Township; others
in audience. I
Mike Louis put up maps of the TH 36 approach corridor from 5 to the river.
Mike opened with a disctission of the approach highway design process and said
that things are starti~ to come together.
i
'l'H 36/5
TH 36 & 5 has been se~ated from the rest of the job in order to speed it up.
The new Stillwater High iSchool in the SE quadrant is being built and there are
plans for development in I the area. The design in this area has come through some
changes in the last cou;ie of months. Costs have increased from $3.5M to $5.0M.
Mn/DOT will be discussirtg this area on September 27 with the city.
Mn/DOT has maintained a!basic philosophy that in order to serve traffic, this
adjacent and continuou~.frontage road system is needed. We have been able to
maintain that. Exist' properties will be minimally affected. We need to do
a better job in explain'ng to the business community how this is the best plan
for the area. I
i
i
'l'H 36/Greeley I
This option in the plan ls coming together nicely. Ci ty streets will work well
to help distribute traffic both on the Oak Park side and Stillwater side.
!
Traffic people have done I study. Traffic counts are up 1000 at the river; up 8000
in Greeley to Highway 5 larea.
I
Task Force had been wor~ing with approach that interchange with TH 95 would be
to the west of TH 95. Sfme changes have been made relocating TH 95 300J up the
hill to make room for ~ standard diamond interchange. This helped the grade
problem and gives bette~ driver predictability. Mn/DOT developing bridge type
selection process. I
I
i
Mike discussed the new a~ignment of the bridge in relation to this change. This
new alignment sharpens 1he curve on the bridge from 20 to 3J.20. Does not change
impacts to residences. I The curve of bridge ends at the Minnesota shoreline.
This looks better and moves the bridge a little out of the way of Sunnyside
M ' i
ar1na. i
I
e
e
Using the maps, Miks ditcussed the three current interchange possibilities. ...
-
e
e
-2-
Alternative 1:
Greeley Interchange
Original interchange location recommended by Task Force. Feel that central
location of interchange between TH 95 and TH 5 does the best job of distributing
traffic.
Alternative 2: Osgood Interchange
An interchange at Osgood. This alignment presents more traffic distribution
problems but it~s workable. There would be an overpass at Greeley. An
interchange at Osgood would be mainly for commercial consideration.
Alternative 3: Osgood Interchange with 1/2 diamond at Greeley
Adds 1/2 interchange at Greeley to Alt. #2. Would lose adjacent frontage road
concept but they would still have to be hooked in.
Mike went on to show cross section of road cuts and the variations. Tried to
give a perspective of how the road would affect visibility of the adjacent
businesses about driver perception.
Survey results
We kept the survey period open and received results as late as 8/21. 12
additional surveys came in. The distribution of opinion was very consistent with
previous results.
We are looking at variations of girder - straight across and parabolic, box in
concrete & arches in concrete and steel.
Mike said that consultants are working on computer simulated pictures. These are
not done, but Mike showed a drawing to given an example. There are six views
from locations on either side of the river: from Lowell Park; from NSP loading
platform; a close-up from the center of the river; from Wisconsin shoreline; from
the Stillwater bluff; and from Sunnyside Marina. There are very few public areas
from which to view the whole bridge. For each view there will be up to 5
different bridge simulations.
Mike showed a map with overviews of each of the corridors considered. The
present alignment is not any longer than the other corridors we looked at.
Terry Pederson put up a map showing the three interchange configurations and
locations on the Wisconsin side of the river.
One is a folded diamond at STH 35. There would not be an exit until STH 35/64.
Another option is to relocate STH 35 cross- country with a full interchange at
E. "Old" 35 would remain for local traffic and access to Houlton.
-3-
e
is a relocated interchange with Co. Rd. E which looks at
from H~ulton with new road between 35 and E.
Takes traffic from in front of school.
$TH 35 traffic getting to STH 64 passes school
i
Terry said Wisconsin has' ~I iscussed these with p.>blic and local authorities. The
third alternate seems to be preferred.
Mike discussed a trip ori~in-destination study. The results are consistent with
what we think is happen~ng. People come across with a destination in mind.
Usually know where they~te going.
The third option
bypassing traffic
Advantage:
Disadvantage:
Highway business signing I rules are loosening up. It ~ s important to let drivers
know what~s ahead using ~dvertising and signs.
Mike put out a map of an 1expressway design at Greeley. It illustrated that the
impacts of adding addit~onal turn lanes and relocating the frontage roads in
order to make the existtng situation work as well as possible would be quite
dramatic.
Mike discussed scope of froject and funding.
Staging
I
1st priority: TheJschool district requested us to move construction up at
5 & 36 so that it ould be done before the school is open. Can~t do it;
however project h . been held to current schedule.
I
I
2nd priority: The bridge along with the interchange at TH 95. We would
lobby for the frontage roads to be put in place at the same time to
minimize impacts during the rest of construction.
e
1.
2.
3. The part between 5 land the bridge has been moved back to 1995.Barb O~Neal
said that Oak ParkiHeights is going to feel the most impacts. Has formed
a subcommittee to 9pen communication with legislators regarding Oak Park
Heights needs and poncerns.
I
!
Infol"llation Heeds
Mike said it is importan~ to communicate to the business community. There are
similar situations in t~e Metro area. Perhaps pictures (or, even better, a
video) to bring to busin ss owners, or other business owners to talk about their
experiences. Some examp es are Newport, 35K in Kagan, and 94 through Hudson.
I
Develop perspective sketfhes of area to given people an idea of visibility.
I
I
Question was asked what happens to the water runoff?
Mike said that drainage f~om the bridge will be passed to a ~ acre sedimentation e
pond, on property purcha~ed from NSP and will create a wetland. An enhancement--
something more than just a holding pond.
e
e
e
-4- -
Question was asked about shoulders on the bridge. There will be shoulders on the
bridge, but we don~t know how wide at this time. From a strictly transportation
standpoint, 10~ are desirable. Would like to see at least 8~, but there might
be some pressure to cut this to 6~.
Question was asked about pedestrian bridges across TH 36. For sure there will
be sidewalks on the crossover bridges at the major crossings. Also, we have
requested the school district to stagger class starting times so not to coincide
with the 5/36 rush hour, as possible.
What thought to hospital access? This is a big consideration in the Task Force
recommending the interchange at Greeley.
Sally Evert asked what next for the Task Force'? What do you want from us at this
time? There is a need to keep communication between cities and residents. Bring
community concerns, rumors, etc. to DOT attention.
When do you expect bridge type decision? We don~t have to have a bridge type
decision until after design public hearing in December.
Barb O~Neal stated that perhaps a better name could be found other than the
Stillwater-Houlton Bridge. Such as the St. Croix Valley Bridge. If we end up
with a new bridge, then the emphasis should be in that direction.
The next meeting will be October 24, @ 7:00 PM, location to be decided.
e
e
e
October 28, 1991
To: t1ayor Wally Abrahamson
From: Town Residents Against Illegal Nuisance
SubJect: MTM and Minnesota Zephyr
It is beyond belief that the City Council of Stillwater is even discussing the outrageous idea of
annex.ing train properties that run through neighboring townships. It Is a blatant attempt to
circumvent the new railroad ordinance that was deemed necessary by Washington County to protect
the township residents.
Our' organization has worked diligently through the democratic process to try and regain some of
the peace and privacy that we had before these trains got out of hand. After careful study, the
County Commissioners established the new regulations that only slightly help the residents and
certainly wi 11 not hurt the economic viability of the excursion trains (as they would have you
believe).
Don't let your obsession with building the tourist business blind you to the following risks you
would be taking if you annex train properties:
. taking on a large liability - not only from potential accidents at crossings but also potential
derailment accidents in difficult to reach areas like Browns Creek.
. spending city money on insurance - money that could be spent on needed road repairs.
. creating a battle between the city and the two neighboring townships.
. showing favoritism again to the trains instead of your own city merchants.
. alienating residents in the townships and losing regular revenue if they decide not to spend their
money in Stillwater,
. adding to your recent public image of being a self-serving city who cares very little about its
neighbors.
Hopet'ully you will decide /70/ to pursue this senseless idea. But if you do, we will work closely
with our township boards to prevent the annexation of the property next to our homes,
cc: Sheila Davis Grant Township
Pat Bantli Sti11water Township
U B p BITr& ~ U& ITr
~1\MIL Y 6EQVICE
~f oT. CQOIX AQEA
216 West Myrtle Street
Stillwater, MN 55082
(612) 439-4840
National Family Week is held annually during
Thanksgiving Week. This year it is November
25-29.
Woodbury Branch Office
Parkwood Place, Suite 320
7650 Currell Boulevard
Woodbury, MN 55125
(612) 735-5405
Enclosed you will find a proclamation for
National Family Week which has been produced
just for your community. We hope that you
would be interested in declaring National
Family Week at your next Council Meeting.
Because healthy families do mean healthier
communities, we are trying to increase public
awareness of the fact that FAMILIES WORK I
Although we are aware of the many challenges
facing every family today, the family unit is
a critical part of society.
Your participation in National Family Week is
appreciated. After the proclamation is
signed, we would appreciate it if you would
ask your local paper to cover the signing or
publish the proclamation.
e
If you have questions or would like
assistance with this event, please contact
me.
Sincerely,
Il{~ Cxci~L/
Mary~ L1acUJson
Communications/Development
amilx
~mrnl3mll
N AT I 0 NA L FA MIL Y WEE K
NOVEMBER 24 - 30,1991
e
..
· 1 FAMILY SERVICE AMERICA
~
Family Week
City of
Sti[[water, Minnesota
Proc[amation
November 25 - 29, 1991
BE IT PROCLAIMED:
Whereas:
Whereas:
Whereas:
Whereas:
families are models for caring from birth
through the aging years, for celebrating and
for renewal, and
families provide direction for the future by
nurturing values and standards for
excellence, and
families need support and attention in the
daily miracles that they perform, and
Thanksgiving week is a traditional time to
commemorate and observe the important role
of families in strengthening America:
Now, Therefore, I do hereby proclaim the week of
November 25 - 29, 1991 as Family Week.
Mayor
e
e
e
October 24, 1991
Mayor Wally Abrahamson
216 N. 4th St.
Stillwater, MN 55082
Dear Mayor Abrahamson:
Upon advice of Dave Magnuson I am writing this letter to you to request that the city's
insurance company reimburse me for the theft of my son's hockey breezers from the Lily
Lake Arena on Friday, October 15, during open skating.
The breezers were taken from his hockey bag while he was skating and because Lily
Lake doesn't have lockers available to store equipment I believe the arena and therefore
the City are ultimately responsible.
I am requesting that your insurance company reimburse us in the amount of $170.00 for
the breezers purchased at St. Croix Bicycle and Skate.
Please call me at 297-2262 during the day or 779-0099 in the evening if you have
question or require additional information.
Sincerely,
~~
Steve Gustafson
11051 34th St. N.
Lake Elmo, MN 55042
~,~
e~ 1;
III. .-ill
STILLWATER
AREA SCHOOLS
II!u!I
~-
rYf~
d~-#U
1~A~.
~~
m
Effective Learnmg Througn Excellence m Education
1875 SOUTH GREELEY STREET
STILLWATER. MINNESOTA 55082
430-8200 · V-TOO
Oct ober 25, 1991
FROM:
Dave Wettergren
Ow
~
TO:
Mike Braebender
Norm Webb
RE:
Recognition of School Bus
At the School Board meeting on October 24, 1991, Louise Jones,
School Board Vice Chairman, read the proclamation issued by Mayor
Abrahamson declaring October 22 as School Bus Driver Day.
e
The School Board members were pleased to have the mayor honor the
Transportation Department and its drivers in this way and
requested that I submit this memorandum to you and the drivers
congratulating you on a job well done. The School Board is very
pleased with the services provided by your department and would
like to extend their appreciation to the bus drivers.
DLW/ml
c: t:..wa'i"ly Abrahamson, Mayor
City of Stillwater, Minnesota
An Equal Opportunity Employer
e Board of Education
STEVE ZINNEL
SUZANNE THOMSEN
Clerk
LYMAN GEARY
KAREN ROSE
Chairperson
Director
Director
LOUISE JONES
LYNN SCHMIDT
ROLAND BUCHMAN
DAVID WETTERGREN
Vice Chairperson
Treasurer
Director
Superintendent
e
~,~
~ ~
till 8IiII
STILLWATER
AREA SCHOOLS
E.JI1
1875 SOUTH GREELEY STREET
STILLWATER, MINNESOTA 55082
439-5160 . V-TDD
Effective Learning Through Excellence in Education
October 24, 1991
Dear Principals and Staff:
The Transportation Staff would like to thank you for your efforts
and support of our 1st annual Scnool Bus Driver Day.
e
Driving a scnool bus can be very difficult and c1ernanding but it
also has its rewards, and School Bus Driver Day was very much
appreciated by our c1ri vers.
Again thank you for your continued suport and cooperation in our
effort to transport the rrost precious cargo in the world - our
dlildren, tarorrcM's leaders.
~~C/
~;t. Transportation Director
. NW:an
cc:
Supt. Wettergren
Dan Parker
Mayor Abrahamson
-7!~ '
_ ___. --- /. - f! ~ ~<..-/ ~,..,./ ~~-~
/ 4.w-M~ 7' ?J ~ 4
f~/o/~f ~ /,~_.d>~
~AtJ. .-h" . e-<4 ~ tP~-~ ,.A.>.. ~
~.~~-:. cH-/~*~'7'" ~'7
d<-:bc- ~~0S:-7
An Equal Opportunity Employer
e
MICHAEL BRABENDER
Director of
Transportation
DAHN CARRISON
Director of
Food Service & Purchasing
PHIL FISHER
Coordinator of
Facilities & Grounds
ETHEL ANDERSON
Supervisor of
Business Services
NORMAN WEBB
Assistant Director of
Transportation
CLAIM AGAINST CITY OF STILLWATER
e NAME OF CLAIMANT 'pOA/~"ccY ~ ~A/dE.,eSoA/
ADDRESS /30/ /o/G%U..r/ ~IC /fd'. //J_ /1/, PHONE NO.0/A -~Y7~t:l3/
-WHEN DID EVENT OCCUR? 7' - 3 cJ - Y /
WHERE DID EVENT OCCUR? -Z""A/' ->Et:</E~ ~"'Me / N 7',?E C2J~/V&7A./"
/f'//,c# ".?/ ,,4~t1vE #c/oI',,<'ES S.
WHAT HAPPENED? .sEwe~ ycrt/'6.e. ~?I,eMc/ /r;~/hr ./A:on
~/ /VE" /o/c>v5d.,l~ 7:h>s ;;;/I?E /'..s h/?S j?.L"'1jCd 5o~/d.
/'? ~:~~~J j:;7;,c:e& c:>"c ~ xy ~/9..s ht/A/d 4/3Qu/
/?cJ cJuT ?~C)~ ~A://r //!/ t1A...>~ .zK~A/ .5L7U/&~ ?:'?E,
WHY DO YOU FEEL THAT THE CITY WAS AT FAULT? ?;IE ft/d C~9e- ?O~S /~
#6" C#5T J't:CdA/ ,5Etv/f~ //od~ voP 70' /he ...rkc--6~-
I/'
Pb/!/E ~j/ ~E C/0 #-cY/ ~Yc!o,uT~~e~.AI:. .z7:S
e lYeEA/ ~.!?"~e S"/;/VcE ~o~ ~/==?
STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED }/~,(~ ~~~ ~
/3& ,t?~ ~ .7cJ fipcvf r/~7 - g/dC.t:/1 j 6" fiv-v~
lA~: ouT ~ 6~CJt/Nc/ ~~~E-d ~ 5dc/~-c/
NAME OF PERSON MAKING REPAIR; OR GIVING CARE ..5-r....u ~ 0 Z/Vc. Yd~7--'c--
./
cf' 51i:tv6'/L ,,5e,e'v':C'G, G/ltRy;{;/2'dtt:::- &A'd ..5/V,,476,es )~~~ ~a
/0 -.zY-7/ . ~ ·
DATE - SIGNATURE
You have to formally notify the City in writing within thirty (30) days of the
occurrence of an event whereby you feel you have suffered damages.
e
MAGNUSON & MOBERG
AITORNEYS AT LAW
e
THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET P.O. BOX 438 STILLWATER, MN 55082
David T. Magnuson
James I. Moberg
Telephone: (612) 439-9464
Telecopier: (612) 439-5641
October 24, 1991
Wally Abrahamson, Mayor
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082
RE: Liquor Licenses
Dear Wally:
e
Stillwater is entitled, as a city of the third class, to issue
not more than twelve licenses. This number is not increased by
our population until we reach the size of the city of a second
class at 20,000 population and then we would be allowed eighteen
licenses plus one for every twenty-five hundred population over
45,000.
Cities of the third class are not allowed to increase the number
of licenses by an increase of population, however.
In addition to the twelve licenses we are authorized by Minnesota
statutes ~ 348.413, Subd. 1, Sub. 3, we are permitted one hotel
license, currently issued to the Lowell Inn, pursuant to the
terms of Chapter 267 of the Special Laws of 1967.
In addition to the hotel license, a successful referendum allowed
us to issue three licenses in excess of the number permitted by
law. We have, therefore, sixteen lawful licenses available for
issue and all sixteen have been issued. They are as follows:
1. Vittorio's
2. st. Croix Club (Brick Alley)
3. Grand Garage (Estaban's)
4. Trumps
5. John's Bar
6. Mad Capper
7. Brine's
8. Hidden Valley Lounge
9. Popeye's
10. Cat Ballou's
11. Happy's Harbor
12. South Hill Meister's
13. Dock Cafe
14. Freighthouse
15. Oak Glen
16. Lowell Inn
e
It is possible, however, to have a referendum that would either
authorize the City to issue any number of licenses in excess of
the number permitted by law or allow the City Council to issue a
specific number of licenses in excess of the number already
permitted by law.
We could ask for a license for the River Heights Mall and also
ask for one for a potential hotel developer who build in the
Downtown, and let the public know that we would be holding the
second license for the hotel builder.
e
We could conduct a municipal special election by order of the
City Council. We must give 30 days notice to the County Auditor
and publish and posi' notice of the election and samples of the
ballots ten days be ore the election, one week before the
election and four d ys before the election. These requirements
are the same as a n rmal municipal election.
A check with Mary Lou shows that 50 election judges would be
needed their each p~id on an average between $120 and $130. This
amounts to $6,250 f~r election judges. Printing costs would be
approximately $1,50$; publication costs, another $500; and the
donations that we have made to the churches that allow us to use
their premises as p~lling places, and these have traditionally
been $100 donationsleach. It looks as if approximately $10,000
would cover the COSI~ of a special election and that if this was
authorized by the C uncil at a regular meeting on the 5th of
November, that it c uld take place by the 17th of December. Let
me know if I can be of further help.
Yours very truly,
1(-tL~.
e
-
David T. Magnuson
DTM/sls
cc: Nile Kriesel,
ty Coordinator
e
-
League of Minnesota Cities
183 University Ave. East
St. Paul, MN 55101.2526
(612) 227.5600 (FAX: 221.0986)
October 21, 1991
SUBJECT:
Managers or Clerks (Please distribUima copy of these
materials to your mayor and counci rs)
Donald A. Slater, Executive Directo
1992 Proposed Legislative policies and Priorities
TO:
FROM:
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 Leqislative 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
e 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.
e
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.
....~..
',,",>
~ '
tV
~.
~
.
~
Managers or Clerks
Page 2
October 21, 1991
e
LMC has invited Governor Carlson to speak at the conference luncheon.
Governor Carlson was requested to share his perspective on local
governments and what t~e future holds, from the Administration's
viewpoint, for the Loc.l Government Trust Fund.
I
During the afternoon s.ssion, 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 , great debt to these city officials, they spent
many hours developing this policy document.
!
I hope your city will ie represented at the League's Policy Adoption
Conference. To regist r for the conference, please return the
attached registration arm to the League of Minnesota Cities, c/o
. I . .
F~nance Department, 181 Un~vers~ty Avenue East, st. Paul, MN 55101.
I
I
I
!
e
In order to save postage costs, LMC is mailing one policy booklet per
city this year. Pleasejdistribute this information to your mayor and
council on our behalf.j
I
If you need additional I copies or information, please contact Lynda
Woulfe or Mary Diedricfu at the League office.
e
League of Minnesota Cities
183 University Ave. East
St. Paul, MN 55101.2526
(612) 227.5600 (FAX: 221.0986)
LEAGUE OF MINNESOTA CITIES
POLICY ADOPTION MEETING RULES
I. Reqistration
Registration shall remain open from the previously announced opening
of conference registration until completion of policy adoption.
2.Voting Privileges
Only one delegate per city shall be permitted to vote on policy
proposals, priorities, or motions. Each current LMC member city
shall designate one official as delegate (and may select another
city official as an alternate) for voting purposes.
only those officials with voting cards for their cities shall be
eligible to vote. Possession of the voting card of the city and the
signed voting card register shall be evidence that the holder of the
voting card is the city's delegate for purposes of voting.
e
3. Committee Reports
The chair or vice chair of each committee shall present the
committee report and move adoption of the policy statements. After
adoption of policy language, the chair or vice chair shall move
adoption of priority rankings.
Upon a motion supported by at least IO delegates, the chair shall
place on the agenda for discussion:
1) a proposal to make a substantive change in the language of a
proposed policy;
2) change a priority;
3) a request to divide a proposed policy statement; or
4) to take a position which the appropriate policy committee chair
or representative states was not considered by the committee.
e
The text of nonprocedural motions and amendments, other than changes
in policy priorities and motions to divide a policy statement, must
be submitted in writing to the chair prior to debate.
= OVER =
4.
Ma;oritv Required
Amendments to langJage or division of proposed policy statements
require a majority vote of the City delegates voting on the
motion.
e
A)
B) Final passage of any policy or amended policy or change in
priority requires a favorable vote of 2/3 of the City delegates
voting on the pOlic~.
5. Disputes I
Disputes regarding eli~ibility to vote shall be referred to the LMC
General Counsel and may be appealed to the conference. Such reports
or appeals shall be a special order of business and may be taken up
at any time a new quest.ion (main motion) is in order.
6. Limits on Debate
Each speaker shall be llimited to three minutes on any debatable
question. The chair ma~ extend the debate limits in order to
~onsider an issue if nTerous delegates request to be heard on the
J.ssue.
I
The chair may reduce th'e time allotted for debate in order to
complete policy adoption, but in no case shall the length of time ~
be reduced to less than three minutes per side. ..,
I
I
,
7. Parliamentarv proced~re
I
,
Precedence. The POliCr adoption process shall be governed by the
LMC Constitution, these rules, and Roberts Rules of Order, Revised.
The conference shall be its own judge of these rules and Roberts
Rules of Order. I
Appeal of the Chair. Debate of the motion "appeal of the ruling of
the chair," rule #6 notrwithstanding, shall be limited to two minutes
by the appealer and twol minutes by the chair. Either may designate
another eligible voting delegate (or LMC officer or board member) to
speak in his/her place.'
Chanqes. Motions to "!rescind" and "reconsider" shall require a
two-thirds vote of dele~ates present and voting.
,
I
8. Number of "A" priori,ties
A motion to change a prloposed policy's priority to an "A" priority
must also propose anothler "A" proposed policy to be reduced below an
"A" priority. The finall number-of "A" priority policies shall not ~
exceed the number propolsed to the conference by the Legislative ..,
Committee, but when a p!oilcy with a proposed "A" priority is
divided, the number of !"A" priorities shall not be considered to be
increased. !
rJ
d;
f,:r , w Sjf ,,;I ••4 A:; f3 n
fq
..M :..'-ti;:' .:,s,,
.Sr 1r: `l :l,tf° 4 /�. .):f t,.. irf• :+1,F.'t:y'•:.4:}gf,.: '.P.-. -
F: g.=,r?4+• t. p S� a .:� 17, s�p9 • r:l••%.•'e;�,aa 'r •+tl,,i.1(S;;.
•as • n- .4+ ,11,f,1 _ _ .' �F,�I - .....;:t....:•.: ''
:.f••;• i?.�.f•i`4 r-'t t '4 �y^,! .,4 ', 5 x.kk:yiy.'!- .YY YC: 1
(, 5•' p••F5 v);1'!4:. ff Y.Nr".;.••:•; t .;••;"i'i<•_vx
, •'.:,:,,,;::•.'
l:•"::••••.i.::.•�'^ '��^�'.''....v:' .. .t p.-S,-�....-. •: �:' .:�ti�;. •'rk?:..:�-,rf .`i-"r:J�,- •srF-"`n•J%,..: . •T .:,... ,:...:..4.. 1,... w • .Y.^,:�.:'x"`t:N';s..: :'-n...;••
'..� .<f+,' .:�.. e'1
.:.. f+... v .Y!.:' ...... ..:. s.,-...ar.:::_...: •: i.f.' 4L ''eh'1�4.'a.':L;:• r+1+:.5'41A, 'f
...-....le..-.....a+ '.P • f ie ,,f4'.:i,k� -• i ti•• 4' r �,Yri t-• • • • '.....11,..!:•:•:•4':'•:::"Y.;....•:•••-•.7•:; : ' ?+�.• t :. a'xFt e .
.4..,' . .3.._ ,-.•iX +:A''.%''7;.:..:.°4'..3 . .. fir•1 .t i ."
.,2i 'S' it ':':'A':r:.,f•Y,.}' {F.Y .. ''O{S°`!' ir:•
..t V.;1)-1.;:3:4-fib'" ,i:"pT :�' 7?,'�,a'r.i:v" d4L w,:+`r1p.'. •i; .,•r ` .::fir �, •,,� ,. •(� t,
• • •_ !?4 t'�`rd; ;f - .. .,tom"• •S r, { f t i'•
'� 4 .. ehy`
v +5. ,...`�f N s _•t,f_.,„?.t:i �'• ^' ". .s.4''t.i:!ik'1rCA1Z'A •
.! .n - •.L' ^xt,�: • ? , ':t.. 1.a: 'a• x' .
:.- :.:. .. .S f.. r.7.rj:'.:v::,4 i•if'�YS�.,..
'.,.k....r-..•':ry,.l.l:�x.:�"',.%'k'-rk',..;T.:....t e•�-..5.:'' 'a�:'d• s>? a •ga� , L -:k; '`;:✓.:_..r�` ;tn.«:r••ra.... '.c:�.�r/' -r�;'.'., y ��+T
-4 ;• ...,r.. ..f,,,/..'.: rF,..<......,.r.,`,..: ^..';. '':1' -RK::if..y.•„ a •G•:f1: F. ':X +
<�'-• .cue: Y „?.+!�' >r,^» `• ' � .;..F�+�' wS. 5,4:�a'
t y. ;R/!, '�y w1:. %.'j:, ..:s}<<::.;,,, ,�4, j6rdrhl: :Atif'
, :.;.. ..+. u +,.< ..,a..,,.k.•.., -..A: ,ft':' :.T:;j Aar d,•' yk. .'i: <._<.._ .l:.r '•A' Ark J: •
.?:�,• .'k- •� .Y. •:�7:'oar. 3'..r.'fr.•
./.�.>.fir..,.. rte"::t .rS ..r .{y;s.
/ fi '::'h.. ,i, ,,rte •.f•. a:r: rr}.:s" ..,�. a,'f... ;N:�.tiJ+': :X'f" ,�.".'';si':J: � ,.? t ��
. -. •,:•,..-..5• ...., SL§ .' �+" 'Y,.•."C, F�•''A j:YiiY+.fr,,: 5J.°,Y,,' f�v'i'��? :'''''''''•,'-'.‘"..4 -:+f•••
m. ':'.';•.,. <, - .,.^ .:.:. .,,. fah.':.:: } o'M-.i.. - .ss -
4r.lrZ._..:...se..,..>, •: ik.+ +i�es'a <;7.:gt••
x kVs:;t1.d R;JE' '1 :ir• ;''n ?'" _ _
ti f .1. , 11 �' r.i'", i' l:r:. ;i.:•:'a',. .a1'r`s'.�'ije--„;':.•' •
:.}' y`,(„ .. .. ...,..n,. r %t: i' • •�.:C�Sk�.=4(:::.v�`AV$' R1.'7 f.�iL..” ',+e.Y -*
iF'1'.::`M1SJ'. "-r.� ` :• -7} '.A4: ��5 f'' ••,4!''''a:�' iv[4r:d...h..•:., ,';y,'a •'-,` �;s:'�-il ': .,..,�^,:+,; f 5... '4:..h v.l..c. ::��..:�M:' .:):«•,•
:<.. -•..{,•:i}•.''.:'Y:Yf..r•v,r..3;,•:-.±l�C`iv�.t:..• .:.:�:f:� •1.�J': H'i.1...�':,:���';i.' {S..++<<pp:�fr<�'.::5'wn.
;fP';1'
+f: {•l le_ "'f'^• A��f. ,il:tir :.�F'C:'.M::$F.:-..'T.,.Jr'...
k
..:r
„
.S<. ... .,.. SC....{ .wt.. ,.,�•r .. :.. 4 :: ., ....... :i.. '.1,: ..+.i.:�,F .""t'. h3(.j' J.^J:"r';e..A: 1.<_
'Y ,.. ,.. _ _. : .. _. :..�... ..-.r ..f•:•r .,:,r.:y;f...� .c_ ,.a...; v;.'z 5f1•.'` a.:' '�t# ',r':.4-::;�i-•i �..
G t
:-. ._. A :..•t,..Y.':•,', ,:. ;,.... L,.:.as. ., '.):.if: aY.. .y r -:Z„-,}:�:t^•.i.:Y .:,,fi.'�, � vy
...: < ....,:. ...:..k. xa..,:. :'.,;..!.:,,:.'•.-:a,1. ,ft: ,i, Y`rr ,i:jH'�<.'�.?,':•'
. . .
'
r nYt n , r, :...F 5 $... L',.;n::!': :t!j^:� :.Y.`:.. :,..tY: .. ri, 'T.
S&.. ,.x.•. :c ”"�rt`if:,..,i:.` s ti,•S'r4!(4
•t 'm.• "rya. 7:'r:r^'.'::rv.,..;F >..� r.
µ+. •
.,. .. .•v .._. -- -- � ...... ............ „a� :'S• s _ .: ,ate: ,:. _ .bk.
� e•..r: -5 r;.. :1 )-.'•; . . , .::wr ,,, ', ::ii'�1.'<f..::Ae •' .,;M ,.A q..r?k' Ny ..
' '' }.-. ',a'. .•„a.,.. _ ;.fir.,,s, a' '4 ':i
.y c'i%Y� .Y
�. .a t1. :. ., • _ • • .. K.K.
r4�
_i•- ''%' : ';o:<-. ;iP. :.:�
:i:di_. _1.:V `.ti+a.. .,f.:r Q,�:a>e!.Y';e`?'':,':•i44"• ..F:.,' .. ,. "i:4,.:;41'.,"?;, ri+: -. cY:'i•:
gg -ilr • 'a:,.a.. ".• ,� =;r<s6w
• • - ,:r �:'.:1'A,'1.:. 'L',•73 Y 1�}. •( c• •'.•,i y„r:, '-x=.:tY+,..:n -'6.r+1•::•$':%•.:pF:. ,^'i i ..Y'., s(af.TL<i T...i':� :;A�. •,..r.
,
::., pp •
n _ :.. __' , ;%�:C:"s1•,< ',' ..lA,r y„r......:.).n!....: .�i >. �'aa.:2 .ti4,'. _..• .�,�„�g ,i;,f !fit �,•s .f.. .a -,:r.'..c.i;;•' _ ?A..., • ri •.g S" •',sz'x;r"''''?, .K • ••
•�y:' 5
t ' z a'�i' ' rti�rr?:f:F x .a''''<+ ryh : : f:':x•r.,
.:';
.'`7 re k•••••,,,k•••••,,,•3< ,.,. .l, "4,? -am.,s ;c. ,.r - :, y"'l<y•;''.2 '4 y::.•T• i '':.,4%.1•4.-S-;:-" + K Sr l a i'�k3 ?` :+"
' a f : J' ,4•71∎r' ..k';` :'r3J• :) e y s d r T _• .fT y. 5 y •• ? A:o x{St..:4 as,•� id 1 , k :''''' p k,a •. ..4:-...--•7,i.:.-•...--:.-.-• --• e t.: ", i .-j. f.
i
..T
SJ4,.
e
e
4J.i
~ :.,.
e
League of Minnesota Cities
Legislative Policy Committee'Members
"
"
Development Strategies
.
William T. King, Community Development Dir"
Brooklyn Park-Chair
Duke Addicks, State Legislative Liaison, Minneapolis
Duane D. Aden, City Administrator, Marshall
Steve Ahmann, Councilmember, Wi1lmar
Cynthia Albright. Councilmember, Duluth
Bruce C. Anderson, Mayor, Argyle
Jeff Arnold, Councilmember, Morris
Jay Backer, City Administrator, Chisholm
Bonnie Balach, Mayor's Office, St. Paul
Steven Boehlke, Mayor, Montevideo
William W. Bums, City Manager, Fridley
Dave Callister, City Administrator, Tonka Bay
Jackie Cherryhomes, Councilmember, Minneapolis
David Childs, City Manager, New Brighton
Robert A. Durbin, Councilmember, Young America
John Frohrip, lIRA Executive Director, Sauk Rapids
Jean L. Harris, Councilmember, Eden Prairie
Terri Heaton, Deputy Director Administrative Services,
Bloomington
Liz Jensen, Councilmember, Mound
Barry P. Johnson, City Administrator, Woodbury
Dean Johnson, Community Development Director,
Rosemount
Jeffrey E. Karlson, Clerk- Treas" Annandale
Kevin Maas, Economic Development Director, Chaska
Paula Maccabee, Councilmember, St. Paul
Steve Mercil, Exec. Director Development Authority,
Crookston
Steven Mielke, City Manager, Hopkins
Larry Mitchell, Councilmcmber, St. Louis Park
John Moravec, Councilmember, Crystal
Fred Naaktgeboren, Councilmember, Buffalo
John O'Rourke, Mayor, Austin
Lyle PuPpe, Councilmember, Cottage Grove
George Rossbach, Councilmember, Maplewood
Alan Smith, Councilmember, Cottonwood
Paul Steinman, Development Director, Big Lake
David Thompson, Councilmember, Golden Valley
Craig Waldron, Economic Development Director, Roseville
Daniel Weiss, Councilmember, St. Cloud
Charles Whiting, City Administrator, Janesville
Alf R. Wikstrom, City Administrator, Young America
\
Elections and Ethics
Mary Mueller, City Oerk. Apple Valley -- Chair
Karen Anderson, Councilmember, Minnetonka
Glen Dale Anderson, Councilmember, Pine River
Francene Oark-Leisinger, City Clerk. Mound
Judith Cox, City Clerk. Shakopee
Greg Engdahl, Clerk, St. Cloud
Darlen George, City Oerk. Crystal
J. Diann Goetten, Councilmember, Orono
Carole Grimm, Minn. Clerks and Finance Offices Assn.,
Rochester
Sue Johnson, City Oerk. Rosemount
Brad Jorgens, Councilmember, Beardsley
Gus Knorr, Mayor, Windom
Dianne Latuff, Asst. Manager Clerk, West St. Paul
Myrna Maikkula, City Oerk, Brooklyn Park
Joyce Mercil, Director of Elections, Minneapolis
Elaine Niehoff, Councilmember, Melrose
Doris Nivala, Administrator-Clerk-Treas., Ham Lake
Al Olson, City Clerk. St. Paul
Susan Powers I City Clerk. Bumsville
Joanne Student. Deputy Oerk, Columbia Heights
Liz Witt. Deputy Clerk. Eagan
Evelyn Woulfe, City Oerk, Bloomington
General Legislation and Personnel
Mark Nagel, City Manager, Anoka -- Chair
Richard Abraham, City Administrator, Lake City
James Attwood, Concilmember, Howard Lake
Gary Bastian, Mayor, Maplewood
Shirley Blaisdell, Clerk-Treas., Emily
Lynn Boland, Personnel Director, Apple Valley
Frank Boyles, Asst. City Manager, Plymouth
Lorraine Browne, Mayor, Atwater
Larry G. Buboltz, Mayor, Detroit Lakes
Thomas Burt, City Manager, SL Anthony
Joan Campbell I Councilmember, Minneapolis
Jerry Carrier, Administrator, Braham
James Cosgrove, Clerk. South SL Paul
Patricia Crawford, Oerk-Treas., Motley
Mike Cmobma, Personnel Director, Bumsville
Steven L. Devich, ASSL Manager, Richfield
David L. Dinnel, Councilmember, Ortonville
Policy Committee Members
Page 1
Holly DuffYI Asst to Administrator, Eagan
Jerry Dulgar, City Manager, Crystal
Glenn Gabriel, Director Public Safety, Mankato
James Genellie, City Clerk, Hopkins
Karl Glade, Councilmember, Alexandria
Gene Grall, Mayor's Office, St. Paul
Holly Hansen, Northern Dakota Cable!Comsn, W. St. Paul
Ken Hartung, Asst. Administrator, Woodbury
Dick Hierstein, City Administrator, Owatonna
Brian Holzer, Fire Chief, Burnsville
David Jacobson, Mayor, Wells
Stephan Jilk, Administrator, Rosemount
Melvin Kilbo, Orono Police Chief, Crystal Bay
Tony Knapp, Councilmember, Mankato
Kent Michaelson, Director Personnel Labor Relations,
Bloomington i
Mansel Mitchell, Police Chief, St Loqis Park
Ron Moorse, Administrative Asst., R<teville
Ken Orttel, Councilmember, Andover!
Desyl Peterson, City Attorney, Minnetonka
Clarence Ranallo, Municipal Liquor S~ore Assoc"
St. Anthony
Mike Reardon, President, MACTA, E~gan
Robert Schaefer, City Administrator, ~nver Grove Heights
Gene Schuldt, Councilmember, Elk Rlver
Susan Schumacher, Personnel Coord~ator, Maple Grove
IDie Seal, Fire Chief, Bloomington I
Richard Setzler, Clerk_Administratorl{sseo
Mary Ellen Spoden, Councilmember, atkins
Joyce Twistol, Clerk, Blaine
Wayne L. Weber, Mayor, Sherburn
Charles Winkelman, Mayor, St. Clou
Karen Youngblom, Clerk-Treas., Br<x}k Park
Betty Zachman, Clerk-Treas" Winstef
I
Land Use, Energy, Environm~nt,
and Transportation i
I
Marty Pinkney, Councilmember, MoJrhead -- Chair
Robert P. Ambrose, Councilmember, ~ayzata
Jerome Bohnsack, Clerk Administratdr, New Prague
Gerald Brever, City Administrator, Staples
Bruce Bullert, City Engineers Assoc. of Minn., Savage
Douglas F. Bunker, City Administrator, Madison
Milton Burstad, Councilmember, Thi~f River Falls
I
Chuck Canfield, Councilmember, Ro4hester
Jeffrey Dains, Councilmember, Laud~rdale
Roger J. Goswitz, Councilmember, S~. Paul
Henry Gredvig, Council member, Cr~kston
John F. Hanscom, Councilmember, F~bault
Richard Hefti, Public Works Director) Rosemount
Sue Hess, Councilmember, St. Cloud!
Joyce Iverson, Clerk, Rushford Village
Curtis Jacobsen, City Administrator, lIoward Lake
Gloria Johnson, Councilmember, Gol\:Jen Valley
Vernon A. Johnson, Councilmember,IRoseville
Marvin Johnson, Mayor, Independence
Carol Johnson, Councilmember, Minneapolis
Mark Karnowski, Administrator, Lindstrom
Linus H. Knobbe, Councilmember, Rose Creek
Roger Knutson, City Attorney, Lakeville
Roger Laufenburger, Councilmember, Lewiston
Larry Lee, Community Development Director,
Bloomington
Harry A. Lyon, Jr., Councilmember, North St. Paul
Dean Massett, Council Administrator, Red Wing
John McLouth, Water Superintendent, Mora
Robert F. Morgan, City Administrator, Branch
Craig MOnls, Mayor, Lakeland
James Pengra, Councilmember, Jackson
Roger Plumb, Engineer, Rochester
Ernest Priebe, Councilmember, Hatfield
Paul Setzepfandt, Councilmember, Bird Island
Kathleen Sheran, Councilmember, Mankato
Chuck Siggerud, Public Works Director, Burnsville
Betty Sindt, Councilmember, Lakeville
Dave Smiglewski, Councilmember, Granite Falls
Eric Sorensen, City Manager, Winona
Marsha Soucheray, Councilmember, Shoreview
Glena Spiotta, City Administrator, Sunfish Lake
AI Storms, Councilmember, Cologne
Blair Tremere, Community Development Director,
Plymouth
Katherine Trummer, Mayor, South St. Paul
Gloria Vierling, Councilmember, Sbakopee
Richard Waataja, Clerk-Treas" Cook
Bernard Weitzman, Councilmember, Lilydale
Jeffrey W. Weldon, Asst. to Administrator, Apple Valley
Gene Wbite, Councilmember, Prior Lake
Chuck Wolden, Councilmember, Owatonna
e
w
...
..
e
Revenue Sources
Bob Long, Councilmember, St. Paul -- Chair
Larry Bakken, Mayor, Golden Valley
Bill Barnhart, Local Liaison, Minneapolis
William Bassett, City Manager, Mankato
Mark Berg, Councilmember, Red Lake Falls
Gary R. Berger, City Administrator, Arden Hills
Edward Burrell, Fmance Director, Roseville
Paul Ciernia, Councilmember, Falcon Heights
Charles Darth, Intergov. Relations Director, Brooklyn Park
Terry Dussault, Asst. to City Manager, Blaine
Kevin Feazell, City Administrator, Cottage Grove
Leonard R. Green, Councilmember, Kensington
Robert Haarman, Administrator, Sauk Rapids
Chris Hagelie, Administrator, St. Cloud
Blaine C. Hill, Clerk- Treas" Breckenridge
Robert W. Johnson, City Administrator, Montgomery
Darrell Johnson, Treasurer-Finance Officer, Winona
Ferner "Skip" Johnson, Councilmember, Mound
David 1. Kennedy, City Attorney, Crystal
Ir
"i
-1 -
e
Page 2
League of Minnesota Cities
e
e
e
Duane Knutson, Mayor, Fertile
Dennis R. Kraft, City Administrator, Shakopee
Mark Lenz, City Administrator, Mahtomedi
Lloyd Linda. Councilmember, Bemidji
Jeff MaYI Finance Director, Rosemount
Jean McConnell, Councilmember, Rochester
Paul McLaughlin, Council President, International Falls
Michael Momson, City Administrator, Big Lake
Jim Nitchals, Administrator, Fergus Falls
LaNelle Olsen, Councilmember, Northfield
Lyle R. Olson, Director Administrative Services,
Bloomington
Frank Ongaro, Mayor's Office, St Paul
Todd Prafke, Quad Cities Administrator, Minnesota Lake
Craig Rapp, City Manager, Brooklyn Park
Bryan, Read, City Administrator, Kenyon
AI Ringsmuth, Mayor, Waite Park
Frank Salemo, Mayor, Ely
Mark Sievert, City Administrator, St. James
Greg Sparks, City Administrator, Worthington
David Unmacht, City Manager, Prior Lake
Dan Vogt, City Administrator, Brainerd
Bill Waller, City Coordinator, Wells
James Willis, City Manager, Plymouth
Liz Witt, Depty Clerk, Eagan
Federal Legislative
Clarence Ranallo, Mayor, St. Anthony -- Chair
James W. Antonen, City Manager, Moorhead
Larry Bakken, Mayor, Golden Valley
Bonnie Balach, Mayor's Office, St. Paul
Janel Bush, Federal Liaison, Minneapolis
Steve Cramer, Councilmember, Minneapolis
Robert 1. Cully, Mayor, Jordan
Dennis Filipek, Councilmember, Loretto
Kathleen Gaylord. Councilmember, South St. Paul
Toni Hengested. Councilmember, Dellwood
Frank Jewell, Councilmember, Duluth
Millie MacLeod, Councilmember, Moorhead
Steve North, Asst. City Manager, Roseville
Steven Perkins, City Administrator, Luveme
Neil Peterson, Mayor, Bloomington
Yvonne Petmer, Councilmember, Duluth
Don Ramstad. Deputy Mayor, Maple Grove
Tony Scallon, Councilmember, Minneapolis
Peter Solinger, Councilmember, Rochester
Bill Wells, Asst. to City Manager, Burnsville
John Y oung, Jr., Councilmember, Hawley
Policy Committee Members
Page 3
e
e
e
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 fmancial 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 I 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
e
League of Minnesota Cities
Proposed Policies
Contents
Page Number
Legislative Policy Committee Members ........................................................................... 1
General Policy Statement .......................... ............................... .......................... .............. 5
Policy
e
DS-1.
DS-2.
DS-3.
DS-4.
DS-5.
DS-6.
DS-7.
DS-8.
DS-9.
DS-IO.
DS-II.
DS-12.
DS-13.
DS-14.
Policy
e
EE-I.
EE-2.
EE-3.
EE-4.
EE-5.
EE-6.
EE-7.
EE-8.
EE-9.
EE-IO.
EE-l1.
EE-12.
EE-13.
Development Strategies
Priority
Community Development A........................................................................ 11
Development of Polluted Lands A............................................................... 11
Development Financing B ........................................................................... 12
Economic Development and Redevelopment B ........................................... 12
Housing B ................................ ........... .................... .................... ................ 12
Municipal Service Districts B ...................................................................... 13
Prevailing Wage B ........... ............................... ................. ................. ..... ..... 14
Tax Increment Financing B ......................................................................... 14
Tax Relief for Rehabilitated Properties B .................................................... 15
Economic Development Authorities C ......................................................... 15
Shortened Foreclosure Period on Abandoned Residential Property and
V acan t Buildings t ..................................................................................... 15
Small Cities Community Development Block Grant Programs C................ 16
State and Local Economic Development and Redevelopment Fund C ......... 16
Tax Exempt Status of Land Cities Hold for Development C ........................ 17
Elections and Ethics
Priority
Presidential Primary A ............ .............. ........... ......................... .... .............. 18
Schedule for Redistricting A....................................................................... 18
Local Elections B ....................................................... .... .................. ........... 19
Voter Fraud B ............................................................................................. 20
Mail Balloting B ........ ....... ............ ..... .............................. ............ ................ 20
Structure of City Government B.................................................................. 20
Lobbyist Reporting Requirements C............................................................ 20
City Election Campaigns C ......................................................................... 20
Optional Poll Hours C ................................................................................. 21
Authority to Fill Vacancies by Appointment C ............................................ 21
Absentee Balloting C ...................................................................... ............. 21
Removal of Candidate Name from Ballot C ................................................ 22
Absentee Ballots for Hospitalized Voters C ................................................. 22
Proposed Policies
Page 7
Policy
GLP-I.
GLP-2.
GLP-3.
GLP-4.
GLP-5.
GLP-6.
GLP-7.
GLP-8.
GLP-9.
GLP-lO.
GLP-lI.
GLP-12.
GLP-B.
GLP-14.
GLP-15.
GLP-16.
GLP-17.
GLP-18.
GLP-19.
Policy
LUEET-I.
LUEET-2.
LUEET-3.
LUEET -4.
LUEET-5.
LUEET -6.
LUEET-7.
LUEET -8.
LUEET-9.
LUEET-lO.
General Legislation and Personnel
Priority
e
Mandates A ............... .......... ........... ................... ...... ......... ............... ............ 23
Open Meetings and Data Practices A........................................................... 23
Use of Deadly Force A................................................................................ 24
Comparable Worth B ................................................................................... 24
Employee Benefits B ..... ............. ............. .............. ............. ...... .......... ......... 25
Employee Training and Education Requirements B ..................................... 25
Local Police and Paid Fire Relief Associations B ........................................ 26
Minnesota Public Employment Labor Relations Act (PELRA) B ................ 26
Presumptions for Wqrkers' Compensation Benefits B................................. 27
Public Contracting B I.................. ..... ...................... ...... ............. ............... .... 28
Public Employees Retirement Association (PERA) Benefits, Financing,
and Administration ~ .......................... .................. ...................... ................ 29
Tort Liability and In~urance B ..................................................................... 29
Veterans' Preference IB ............................ ............ ................... ....... .............. 30
Gopher State One-CdII C ............................................................................. 30
Liquor Issues C ....... f...................................... ......... ........ ....... ...... ......... ...... 31
Utility Service Territpries C........................................................................ 31
Cable Communicatio' s C ............................................................................ 31
Military Leaves C .... ................. ...... ................. .......... .................. ......... ...... 32
Volunteer Firefighte C .............................................................................. 32
Priority
e
ergy, Environment, and Transportation
!
Annexation A ......... .j.... ....... ........ ......... .......... ..... ........ ........ ......... .......... ..... 33
Solid and Hazardous [Waste Management A................................................ 33
Street and Highway ~unding A................................................................... 35
Wastewater Treatmerh A ............................................................................. 37
Transit Funding B ...j ...................... ....................... ......... ..... ...... .......... ........ 38
Transportation Struct~re and Responsibility B ............................................. 39
Water Conservation and Preservation B ....................................................... 40
Zoning, Subdivision I land Planning Statutes B ............................................. 41
Energy Conservation! C.................................. .......... .......... .......... ......... ....... 42
Environmental Trust !Fund C...................................................................... 42
e
Page 8
League of Minnesota Cities
e
Policy
RS-1.
RS-2.
RS-3.
RS-4.
RS-5.
RS-6.
RS-7.
RS-8.
RS-9.
RS-lO.
Policy
e
PI-I.
FL-2.
FL-3.
FL-4.
FL-5.
FL-6.
FL-7.
FL-8.
FL-9.
FL-lO.
FL-ll.
FL-12.
FL-13.
FL-14.
FL-15.
FL-16.
FL-17.
FL-18.
FL-19.
FL-20.
FL- 21.
FL- 22.
FL-23.
FL-24.
FL-25.
FL-26.
e
Revenue Sources
Priority
Property Tax Reform and State Aid to Cities A........................................... 44
Elimination of :Levy Limits A..................................................................... 45
City Fund Balances B .................................................................................. 46
Penalties and Interest on Delinquent Property Taxes B ................................ 46
Service Fees for Government-owned Property B ......................................... 47
State Administrative Costs B ...... ........................... ......... ................. ............ 47
Taxation Hearing and Notification Law ("Truth in Taxation") B................. 47
License Fees C ............................................................................................ 48
Sales Ratio Issues C.............................................. ........ ..... ......................... 49
State Audits and City Financial Reporting Requirements C ......................... 49
Federal Legislative
Single Family Mortgage Bonds ................................................................... 50
Homelessness/fIousing Issues ........... ............. .............................................. 50
HOME Investment Partnership ......... ............................................ ........ ....... 51
HOPE - Home Ownership and Opportunity for People Everywhere ............ 51
Incentives to Preserve Affordable Rental Housing ....................................... 52
Removal of Regulatory Barriers .................................................................. 52
Comprehensive Housing Assistance Strategy (CHAS) ................................. 52
FHA Insurance Changes. ................................... ............... ................ ..... ...... 52
Portability of Section 8 Housing Certificates and Vouchers .........................53
Siting of Group Home Residential Facilities ................................................ 53
Mixed Populations ............... ........... ................. ........... ................. .......... ...... 53
Anti-Drug Abuse: Prevention and Assistance ............................................. 54
FederallLocal Fiscal Relations ............... .......... ............................................ 55
Federal Mandates ........................................................................................ 55
Solid Waste Management ........... ..................................... ...................... ...... 56
Airport Noise Control.................................................................................. 57
Cable Television Regulation ........................................................................ 58
Rural Development Issues ...... .......................................... .......... ....... .......... 59
Groundwater Protection ... ............. .............. ............. .............. .............. ........ 60
Clean Water Act ...................................................... ........... ........ ............ ..... 61
:Lead Contamination .................... ............................. .................. ................. 61
Transportation............................................................................................. 62
Passenger Facility Charges and Airport Trust Fund Expenditures ................ 63
Refugee Assistance...................................................................................... 64
Social Security Deductions for Election Judges ........................................... 65
Government Accounting Reporting Requirements ....................................... 65
Proposed Policies
Page 9
e
Proposed Policies
Development Strategies
e
DS-l. Community Development (A)
Tools are desperately needed to combat
community decay in a city's most distressed
areas through building, clearance, rebuilding,
rehabilitation, and economic development. The
League urges the Legislature to create these
mechanisms immediately.
Many communities throughout the state are
threatened by physical deterioration and a lack of
economic opportunity. As neighborhoods deterio-
rate, so does a city's ability to combat the prob-
lems of crime, homelessness, etc" that so often
accompany community decay. As tax bases
dwindle I a city's ability to generate dollars to
rehabilitate distressed areas decreases.
The State of Minnesota has an interest in
these efforts. Without attention to these problems
by cities I the resulting costs are a burden on the
state. A blighted and decayed neighborhood can
spread outward into the rest of a city resulting in
an increased dependence upon state aid.
Community development legislation should
take into account the following:
1. Community revitalization is important
because of its implications for efficient use of
existing city and state investments in infrastruc-
ture.
2. Community revitalization should be a
partnership between the state, cities, and commu-
nity residents--both financially and programmati-
cally. Counties and school boards should also be
encouraged to participate in these efforts
3. Revitalization of communities requires
local flexibility. Community development legisla-
tion should be sensitive to the differing needs of
cities. Cities across the state are now facing the
problems once associated only with the central
cities of Minneapolis and St. Paul. Tools to
combat community decay are desperately needed
e
on a statewide basis. These efforts would first be
targeted to existing communities which are experi-
encing these problems.
4. Cities will also need the financial means to
address blighted housing and deteriorating com-
mercial areas. Additional statewide and local
revenue options should be dedicated to funding
these efforts.
DS-2. Development of Polluted Lands
(A)
The League supports legislation that
would:
· Provide a source of funding for a state.
wide revolving loan fund for clean up of
contaminated sites that have
development potential;
· Restore authority to use tax increment
financing for hazardous substance
subdistricts;
. Make "no action letters" available to the
private sector as well as the public sector,
with a requirement for certainty of
closure;
· Create and enforce a development action
response timelines;
· Change the liabilities associated with
polluted properties-future ''non-
responsible" property owners and their
financing agencies must be able to
finance and buy property without
liability for the costs of clean-up.
Every Minnesota city has contaminated sites
within its boundaries that remain polluted because
of the number of obstacles that prevent local
government action. Among the roadblocks are
liability issues and financing of up-front costs for
clean up. Developers are reluctant to expose
themselves to liability for these properties. Clean-
Development Strategies
Page 11
up costs often exceed the value of the land so there
is no incentive for private sector intervention.
Public sector sUQsidies are therefore critical.
Recent changes in tax increment law have
rendered hazardous substance subdistricts useless
in providing assistance with clean-up costs, and
superfund dollars are not sufficient to address this
need. In addition, there is some question whether
superfund assistance to clean up a site has negative
ramifications for later developmentl
The Minnesota Pollution Control Agency
(PCA) is often slow and unwilling to commit on
the time lines for issuing "no action letters."
Development opportunities can be lost as a result.
Also, while "no action letters" are readily avail-
able for public entities, they are not available to
the private sector. In addition I som~ certainty
concerning "closure" is needed aft~r a property has
been cleaned up according to direc~ions by the
PCA. I
The situation is urgent. Until these obstacles
are removed, polluted sites continu~ to have a
blighting influence on our commuqities and pose a
potential health threat to our state' I citizens.
DS-3. Development Financi g (B)
The League supports the co tinued use of
industrial development bonds an other tax-
exempt instruments as developm~nt tools.
Tax-exempt financing allows ~I ities to under-
take a diverse range of activities to prevent eco-
nomic deterioration, to attract new businesses and
jobs, to retain existing businesses a:nd jobs, and to
maintain and strengthen the local $ base.
Federal tax legislation has su*tantially
changed the applicability of tax-exrmpt develop-
ment financing. The League reco~mends the
following principles: .
1. Municipal retention of mafimum of
Minnesota tax-exempt developmeryt allocation
authority; I
2. Maintenance of local disc~tion and
flexibility in development decisioqs; and
3. Minimizing state control qf local develop-
ment decisions. The League asks tltat the governor
and the Legislature continue to involve the League
in developing a method of allocating the authority
to issue tax-exempt bonds.
e
DS-4. Economic Development and
Redevelopment (B)
The League supports creation of a state
development policy setting forth the statewide
goals for economic development and
redevelopment along with tools appropriate for
each level of government to achieve those goals.
It is unfortunate that the state has for many
years carried out and revised major economic
development programs and expenditures without
establishing basic development policies and goals.
The League of Minnesota Cities supported efforts
during the 1991 legislative session to create a
formal statement of the state's economic develop-
ment and redevelopment policy. Passed by both
the House and the Senate, but vetoed by the
governor, this effort proved the statewide interest
in further development and clarification of eco-
nomic development and redevelopment. The
League commends the ongoing efforts of the
members of the Economic Development Task
Force. Results of the Governor's Commission on
Affordable Housing for the 1990s and an agenda
to enact a statewide housing policy should not be
forgotten. This work should also serve as a model
for developing a statewide economic development
and redevelopment policy.
e
DS-5. Housing (B)
The League urges the Legislature to
continue support for measures which enable
cities to preserve affordable housing stock and
to finance new construction of single and multi-
family housing that meets local needs. The
League recommends these specific actions:
1. The city aid cuts should be repealed for
tax increment financing (TIF) housing districts.
The tax increments available from low- and
moderate-income housing projects are frequently
too low to create viable projects, and the needs for
such housing are not being fully met. The city aid
penalty adopted in 1990 makes this situation
worse, and it should be repealed.
e
Page 12
League of Minnesota Cities Proposed Policies
e
2. The share of market value in the TIF
housing project that can be used for purposes
other than low- and moderate-income housing
should be increased from 20 percent to 35
percent
The inclusion of a higher share of higher-
income housing or other types of property in a TIF
housing district can frequently make possible the
construction of low- and moderate-income hous-
ing which would otherwise not occur.
3. State funding should be increased to
prevent the loss of federally subsidized units
and to maintain publicly owned housing.
4. The differences in property tax class
rates between owner-occupied property and
rental property should be reduced.
The first $72,000 of homestead property has
a class rate of 1.0 percent of market value, while
one to three unit rental property has a rate of 3.0
percent of market value, falling to 2.5 percent in
1994. Rental housing with four or more units has
a rate of 3.6 percent, falling to 3.4 percent in 1993.
These large rate differences discourage the con-
struction and ownership of multifamily rental
housing. They also discourage the availability and
upkeep of single-family housing on a rental basis.
5. Property tax relief for low-income
rental housing should be tied to agreements by
developers and property owners to maintain
affordable rates to assure long-term availability
of such units.
6. The procedure for allocating low-
income housing tax credits enacted by the 1990
Legislature should be continued.
7. The mission and structure of the
Minnesota Housing Finance Agency should be
examined in order to increase the participation
of the state and local governments in housing
assistance programs.
Such an examination was recommended by
the legislative auditor based on changing demo-
graphic and economic conditions.
8. The housing impact and replacement
mandates enacted by the 1989 Legislature
should not be tightened or extended to all cities.
Currently, public agencies acquire housing
after extensive due process procedures and are
e
e
Development Strategies
required to provide relocation benefits and assis-
tance. Measures that require cities to replace low-
income housing on a one-for-one basis unreason-
ably hinder public improvements and stymie
efforts to improve the local economy and standard
of living.
9. The Legislature should reinstate the
language providing that unused building
permit surcharge fees in excess of state building
code division costs be returned to local units of
government.
Local units of government levy a one-half
percent surcharge on building permits which is
paid to the state to operate the State Building
Codes and Standards Division. Until the 1991
Legislature changed the law at the request of the
governor, any excess fees over actual operating
costs were proportionately rebated to local units to
help pay for training and continuing education
costs for building officials. Local units of govern-
ment are facing tough financial times and need
every available resource I especially one which
could be considered local money.
DS-6. Municipal Service Districts (B)
The League supports legislation allowing
cities to create municipal service districts.
Cities should have authority to finance the
types of improvements listed in Minn. Stat.
429.021 (relating to the construction,
replacement, and maintenance of such things as
streets, sidewalks, gutters, storm and sanitary
sewers, waterworks systems, street lights and
public lights, and public malls, parks, or
courtyards). Both service charges and ad
valorem property taxes should be available to
finance services or capital improvements in the
district.
Court decisions concerning special assess-
ments have made it even more difficult for cities
to use special assessments to finance public ser-
vices and improvements. The Minnesota Supreme
Court has interpreted the Minnesota Constitution
to require not only that a special assessment
project "specially benefit" affected parcels or
property I but also that the city be able to prove
that the market value of a property will increase in
Page 13
direct relation to the amount of the special assess-
ment applied to that property.
This interpretation has created particular
problems for several important city functions.
First, it is more difficult to assess! all (or even part)
of a capital improvement project to repair or
replace, as opposed to newly built improvements.
This hinders cities from meeting the widely
recognized need for maintenanceiof the existing
public infrastructure. I
Second, cities' abilities to finance annual
I
operating and maintenance costs pf some services
to property through the use of sp~cial service
charges is either unclear or non-1' istent under
current law.
The only current financing ternative to
I
special assessments or services cparges is the
general property tax. But it may rot be desirable
to use the general property tax t9 finance some
capital or operating expenses. Fqr example I if a
road is used almost exclusively by people living in
one corner of a city I it is bad pubJic policy to
require the cost of replacing that toad be borne by
all the property in the city. This ~s especially true
if the property in the rest of the cfty has already
been assessed for similar improv~ments.
Or, if the central business on mall of a city
benefits from more frequent sno~plowing or street
cleaning I better lighting I etc" it ~ay not be good
policy to have all the city taxpayJrs share in those
!
expenses. I
I
DS-7. Prevailing Wage (B)I
The League supports evaltiation of the
state's prevailing wage system.IThe League
opposes requiring payment of prevailing wage
for economic development and Iredevelopment
projects that receive assistance Ifrom local
governments or from the state,lincluding
grants, loans, tax-exempt bond$, and all other
I
forms of assistance utilized by ~he government
agency to encourage developm,nt
· The League helieves that Wages earned by
city employees or by employees of firms
I
contracting with cities sho~ld be consistent
with wages earned by people working at
I
i
similar jobs in the community. The present
system designates the wage earned by the
largest number of people in a job class as
the prevailing wage. This is the "modal"
wage for that class which is not necessarily
the representative wage in a community.
· Requiring prevailing wages to be paid for
assisted development projects will increase
the costs of projects, limiting their size and
making some of them impossible to
execute.
· There are problems in some areas with how
the prevailing wage is determined.
Particularly in Greater Minnesota, the
higher wages paid in the largest city in a
county will dictate the prevailing wage in
all the smaller communities in the county.
The actual wages paid in these smaller
communities tend to be less than the state-
designated "prevailing wage."
e
DS-8. Tax Increment Financing (B)
The League supports changes to the Tax
Increment Financing (TIF) laws which will
make this economic development,
redevelopment, and housing tool more usable,
including elimination of the city aid penalty.
Other necessary changes should be developed
by city officials in consultation with legislative
and executive branch personnel.
Cities have the primary responsibility for the
physical conditions and the development of the
state's urbanized land. Until 1990, TIF was an
effective tool, and usually the only tool, available
to cities for positive intervention to arrest the
spread of blight and slums and for encouraging
sound economic development. Legislative changes
in the TIF laws in 1988, 1989, and 1990 severely
restricted the use of TIF for these purposes.
Cities should be allowed to establish eco-
nomic development and redevelopment policies
without disruption from a reduction in city aid.
The city aid penalty is especially damaging in the
case ofTIF housing districts; with Minnesota's
low property tax class rates on homestead housing,
tax increments with the city aid penalty are insuf-
e
e
Page 14
League of Minnesota Cities Proposed Policies
e
ficient to stimulate the needed level of low-income
and moderate-income housing development.
Now that sufficient time has elapsed to allow
evaluation of the major 1990 changes in the TIF
laws, cities should work with the legislative and
executive branches to determine what changes are
needed in the TIF laws to make the laws most
effective in allowing sound economic development
and redevelopment.
e
DS-9. Tax Relief for Rehabilitated
Properties (B)
The League supports deferring any
additional tax assessment on rehabiJitated
residential (single or multifamily) property for
five years, providing that the cost of
rehabilitation is at least 10 percent of the value
of the building and that following the
rehabilitation, the monthly rents on
multifamily housing do not exceed the monthly
limits for low- and moderate-income housing,
and the value of any assisted single-family
home does not exceed the maximum allowable
purchase price for existing homes as
determined by the Minnesota Housing Finance
Agency.
This policy is consistent with the following
recommendation of the Governor's Commission
on Mfordable Housing for the 1990s: "For rental
rehabilitation of low-income housing the Title II
(2.5 percent) classification should be applied for a
period of five years after the reassessment. After
the five-year period, the property would revert
back to its old classification. Tax relief will only
be granted for projects where the total cost of
rehabilitation is at least 10 percent of the value of
the building."
Higher property tax payments after a property
has been rehabilitated and reassessed acts as a
disincentive to rehabilitate both single and multi-
family residential properties. Deferring increased
taxes for five years will act as an incentive to
rehabilitate property.
e
DS-I0. Economic Development
Authorities (C)
The League supports legislation which
would provide city economic development
authorities with the same power and authority
as certain cities have received in special port
authority acts.
The League believes that it is unfair and
unreasonable to grant greater authority and power
to some cities in the economic development field
and requests the following changes:
1. Authorize all cities to designated eco-
nomic development areas anywhere within their
jurisdiction, not as present law provides which
requires that economic development areas be
contiguous and meet the tax increment finance
(TIF) redevelopmentfblighted area test;
2. Authorize the issuance of debt with
respect to project activities within economic
development districts without a referendum;
3. Authorize the economic development
authority to build buildings or structures on land
the authority owns; and
4. Allow cities to choose the number of
council representatives that will.be members of the
board of an economic development authority.
Presently, the minimum number of council repre-
sentatives is in state statutes.
DS-l1. Shortened Foreclosure Period on
Abandoned Residential Property and
Vacant Buildings (C)
The League supports shortening the
foreclosure period on abandoned property
from its present 12 to 18 months to two to three
months.
The League also supports shortening the
time frame from 10 days to three days in which
owners of a vacant building must comply with
securing the building. Also, any building which
is subject of an order under the vacant building
statute and remains vacant or unoccupied for
six months shall be deemed a "hazardous
building."
Development Strategies
Page 15
There are considerable negative spillover
effects from allowing a long foreqlosure period for
abandoned residential property. During the
current 12 to 18-month foreclosure period I when
abandoned residential property is vacant, it is
subject to insufficient security I va~dalism, and
fire. These properties blight the n~ighborhoods in
which they are located and they d~ter home own-
ers in the immediate area from m~ntaining and
rehabilitating their own property. IShortening the
foreclosure process will allow ho~sing authorities
to address the problem of abandoqed property
more aggressively than they are n~w able to, and
negative spillover effects can be rr'duced signifi-
cantly. Minn. Stat. 582.032 provi es that mort-
gages executed after December 31, 1989, securing
properties which (1) are 10 acres ~r less; (2)
contain residential dwellings of lets than five
units; and (3) are not agricultural, lbe provided a
redemption period of five weeks ~y the court if
evidence is presented that the pre~ises have been
abandoned (adopted 1989). The Legislature
attempted to create a balance bet~een lender rights
to control property which the mo~gagor is un-
likely to redeem and mortgagor ri[hts, which were
protected by requiring court actio to reduce the
foreclosure period. There is, ther fore, a prece-
dent for reducing the redemption eriod in appro-
priate circumstances. :
Buildings that have remaine~ vacant and
boarded up for six months or mor~ are a growing
problem throughout the metropolitan area. With a
decrease in local funding I local un~ts of govern-
ment must look to the Legislature for other tools
in helping solve this growing issue of vacant
buildings.
!
DS-12. Small Cities Comm*nity
Development Block Grant .
Programs (C)
The League supports the s~te's continued
administration of the small citi~ portion of the
Community Development Blockl Grant (CDBG)
program. The League also supports the
continuation of the set-aside of federal funds
for economic development grants and
augmented state appropriations to supplement
the federal funds set aside. The League
supports development of a method for
allocating scarce funds that is free from
political influence.
The small cities CDBG program should
continue as a source of funding which encourages
cities to develop viable communities by providing
decent housing and suitable living environments
and expanding economic opportunities I principally
for low- and moderate-income people. The state
should maintain the CDBG program balance
between cities' economic development needs and
the needs of low- and moderate-income people.
Cities should retain maximum flexibility in deter-
mining how to carry out CDBG program objec-
tives.
The League suggests that an expanded pro-
gram require state funds to be used to match local
funds. The precise matching formula needs to be
determined. Any local levies to participate in the
program should be outside of levy limits. The
program should be designed to encourage cities to
recycle state funds and the local match. The
purpose of the expanded program should be to
leverage public funds and to fill in financing gaps.
These funds should not be used to provide finan-
cial incentives to new or relocating businesses.
e
e
DS-13. State and Local Economic
Development and Redevelopment Fund
(C)
The League supports creation of additional
statewide and/or local revenue options
dedicated to funding economic development
and redevelopment activities.
Cities differ in the emphasis they choose to
put on economic development and redevelopment
activities. Cities choosing, or needing I to take an
active role should be allowed to tax their residents
for this purpose.
e
Page 16
League of Minnesota Cities Proposed Policies
e
e
e
DS-14. Tax-Exempt Status of Land
Cities Hold for Development (C)
The League supports granting unlimited
tax-exempt status to property cities hold for
later resale to promote economic development
Until recently I almost all property a political
subdivision owned was granted tax-exempt status.
In 1979, the Legislature changed the law to pro-
vide that property a political subdivision of the
state holds for later resale for economic develop-
ment purposes would be considered a public
purpose I and therefore tax exempt for a maximum
period of three years. In 1984, the Legislature
revised the statute, providing tax exempt status for
a period of eight years in most situations and
granting an exemption for an unlimited period of
years if the property is held for housing programs
or is classified as "blighted land" under state law.
The 1984 law provides that property will be
taxable if the city acquires it for economic devel-
opment purposes, a building or other improvement
is constructed after it was acquired, and if more
than one-half of the floor space of the buildings or
improvements available for lease to or use by a
private individual corporation or other entity is
leased to or otherwise used by a private individual,
corporation, or other entity.
This policy is intended to create an incentive
for political subdivisions to engage in economic
development activities I as well as to promote
returning property to the tax rolls. Unfortunately,
it does not fully recognize that the process of
developing industrial and economic growth,
rehabilitating I or building housing may extend
over a long period of time.
The provision of improvements and leasing
of one-half of the property discourages cities from
being active in establishing and maintaining local
development corporations, from retaining as much
control as possible over their economic develop-
ment and planning process, and from being selec-
tive as to the type of development which may
occur in the city.
Cities have every incentive to get property
back on the tax rolls as soon as possible. There-
fore, the League recommends deletion or clarifica-
tion of the provision concerning one-half installa-
tion of improvements and removal of the eight-
year limit on tax-exempt status.
Development Strategies
Page 17
Proposed Policies
Elections and Ethics
EE-l. Presidential Primary (A)
The League urges the Legislature to
provide state and/or political partY revenues to
pay for all costs associated with ~ presidential
primary. In the event that the ~rimary is
conducted by mail, the state mu$t administer
and fully fund all costs of conduFting the
balloting, recording the results, ~nd adjusting
the voter file. I
The League also supports c01t-saving mea-
sures for conducting the primary ait the local level,
including:
· Placement of all political party presidential
candidates on one ballot;
· Nonrotation of candidate n~es;
· Voter payment of return pO$tage for
absentee ballots;
· Consolidate precincts;
· Shorten hours of polling; I
· State payment of cost of pu~lishing sample
ballot in the local newspap~r.
The Legislature should modi(y state election
law to authorize these changes for I conducting the
presidential primary. .
Since the presidential primary is a political
activity rather than an actual elec~on, state and/or
political party revenues should be used to pay for
local government expenses I inclu~ing
· Preparation of ballots and election
,
equipment;
· Supplies and personnel (induding election
judges and election administrative and
technical staff);
· Advertising, newspaper notices, and
postage; I
· Polling place rentals and tr~sportation
related to election activities; and
· County costs for maintenance of political
party preference identificatibn on voter
records.
e
If the Legislature does not provide funds
from state and/or political party revenues to cover
such costs, the League supports repeal of the
presidential primary.
"
EE-2. Schedule for Redistricting (A)
The League supports changes in the
schedule of legislative and local redistricting in
order to permit for cities sufficient time to
update voter records and to make it possible to
conduct other elections that must also be held
during and after the time in which redistricting
must be accomplished.
The League supports the court order
suspending the timeline for local redistricting
until legislative redistricting is completed and
the suspension of local redistricting deadlines is
lifted by order of the Special Redistricting
Panel.
Counties, cities, townships, and school
districts also hold elections during that time,
necessitating additional voter registration and
administrative tasks that must be completed
simultaneously with redrawing precinct and ward
boundaries. In 1992, township elections are
scheduled to be held March 10; the presidential
primary is planned for April 7; school board
elections in many districts are to be held on May
19. Candidate filings are scheduled to open for
state (and some city) offices on July 7. These
intervening election schedules underscore the need
to complete redistricting as early in the year as
possible.
It is imperative for the Legislature to recog-
nize the necessity of consulting with local govern-
ment to assure that census data and maps of
precinct and ward boundaries are accurate before
adopting a final legislative redistricting plan.
It is imperative for the decisions on legisla-
tive redistricting to be made in a more timely
e
e
Page 18
League of Minnesota Cities Proposed Policies
e
manner. The impact of those decisions on other
levels of government responsible for completing
the reassignment of election districts is substantial.
Accurate recording and correcting of voter regis-
tration records and the informing of voters and
potential candidates of the changes that have taken
place in the designation of local election districts
must also be accomplished at the local level
following adoption of a legislative plan.
The Legislature received census data with
which to begin redistricting early in 1991. Cities
have 60 days to redraw local precinct and ward
lines after the Legislature is redistricted. Counties
then have another 20 days to redefme county
commissioner districts.
Cities must have prompt notice of the effect
and duration of court orders affecting the deadline
for local redistricting, including the effective date
of any court order. In addition, cities must be
given clear indication on what census data to rely
on to redraw local precinct and ward boundaries.
Incorrect legal descriptions and/or inaccurate
assignment of population counts have already
caused serious problems in some cities. Answers
to these questions have not been easy to ascertain
because it is not clear which agency or level of
government is directly responsible for making
such decisions on behalf of local units of govern-
ment.
.
e
e
EE-3. Local Elections (B)
The League supports measures to uphold
the authority of cities to conduct local elections,
particularly when other units of local
government also conduct elections on the same
date as regular city elections. The League
supports measures to encourage greater voter
participation and to strengthen voter
confidence in the election process.
Continued legislative interest in limiting the
number of local elections must be tempered with a
realistic concern for difficulties presented as well
as for the added expense to cities for conducting
multiple elections.
The League urges the Legislature to refrain
from intruding on the authority of cites to establish
the date of local elections. Legislative proposals to
consolidate all local elections raise serious con-
cerns for cities. Problems associated with overlap-
ping election districts, multiple election issues I
voter confusion, ballot secrecy, and the need to
establish cost-sharing responsibilities are difficult
to overcome. The impact of such circumstances
differs from city to city.
City officials support measures to reduce the
conflict between incongruent school and county
election districts and the corporate city limits and
precinct lines. Lack of conformity of school
district boundaries with those of cities is a serious
deficiency in conducting combined local elections.
The League also recommends the following
improvements to maintain strong voter interest and
participation in the election process:
1. Authorize cities to carry out election
administration duties and responsibilities I for both
local and combined city/school districting ballot-
ing, including, but not limited to the following:
· Coordination of preparation and printing of
multiple ballots;
· Establishment of the level of election judge
compensation;
· Transportation related to election activities;
· Conduct of election equipment testing and
maintenance;
· Recruitment and training of election judges;
2. Retain authority for cities to schedule
special elections on ballot questions I bond refer-
enda and home rule charter amendments and to fill
vacancies in city elective offices.
Cities continue to resist proposals to desig-
nate a single local government election day be-
cause of the potential for voter confusion and the
perception of fairness in the election process.
It is important for legislators to consult with
local officials when considering requirements to
change school district boundaries. Any effort to
adjust such lines should, at a minimum, require
school districts to comply with the same standard
as cities for designating official boundaries (along
recognizable I physical features).
In growing communities, the designation of
new school district lines should be accomplished
Elections and Ethics
Page 19
only in relation to corporate city boundaries
wherever possible. In any case, any attempt to
adjust school district lines must bel done in coop-
eration with local officials from the cities affected
by such changes.
EE-4. Voter Fraud (B)
LMC urges changes in state ,voter fraud
statutes to make it more likely that violators
will be prosecuted.
· Make those who fraudulentl~ vouch for
persons registering at the pops subject to the
same penalties that apply to jthose found
guilty of fraudulent voter retistration;
· Modify penalties for violati~n of state voter
registration requirements to ~ncrease the
likelihood of prosecution ofjoffenders,
particularly for violations o~ election day
registration provisions; and
· Make clear that prosecution will result if
candidates interfere with voters on election
day. j
I
!
EE-S. Mail-in Balloting (B)t
The League encourages mai -in balloting as
a permanent method of election vailable to all
cities. The League maintains th t it is not
necessary to require that county lauditors
approve the decision by the city ~ hold an
election by mail. I
It should be sufficient for thef'city to notify
the auditor in the same manner as equired for
elections conducted at the polls. ,
EE-6. Structure of City Government (B)
The League opposes legislation which
would require cities to adopt a \liard system.
The League supports measur~s to uphold the
authority of cities to determine thej structure of
their city government. Enactment jby the Legisla-
ture of the statutory city code pernhts cities to
select one of several forms of orgabization and
allows the voters or the council to request a
change. Where a statutory city h~ encountered
special problems that cannot be solved under this
code, it can address such issues by requesting the
Legislature to adopt a special act or become a
home rule city. Where voters in a home rule
charter city have affmnatively chosen a political
structure, the Legislature should not preempt that
decision.
The distinction between home rule and
statutory cities is one of organization and powers;
not any classification of population I size, area,
geographical location, or any other physical
feature. Any requirement for a ward system
should also recognize this distinction.
Unless a city is prepared to address the
divisions which can result from a ward system, it
can be detrimental to the community.
Councilmembers can lose a citywide perspective
of issues. One neighborhood can be pitted against
another in issues of special interest.
e
EE-7. Lobbyist Reporting
Requirements (C)
The League urges the Legislature to
eliminate requirements for cities to report
estimated annual total spending for lobbying
activities.
Since the Legislature has enacted comprehen-
sive reporting requirements for lobbyists and those
units of government which employ them or ex-
pend public funds for such purposes, retention of
this additional reporting requirement is unneces-
sary. The newly established lobbyist reporting and
registration requirements were effective in 1991;
therefore I the Legislature should terminate the
current reporting of estimated annual lobbyist
spending and the new requirement that such
reports be made both to the state auditor and to the
Ethical Practices Board.
e
EE-8. City Election Campaigns (C)
The League supports income tax credits for
contributions to city election campaigns.
Candidates should be encouraged to seek
broad backing from constituents. Providing
income tax credits should be permitted for city
election campaign contributors.
e
Page 20
League of Minnesota Cities Proposed Policies
e,
EE-9. Optional Poll Hours (C)
The League supports modification of state
election laws to permit cities with populations
of less than 500 outside the metro area to fix
hours of polling to begin no later than 10 a.m.
for a state primary, special, or general election.
This change would correspond to current law
that authorizes townships with populations of less
than 500 to set a later time for voting to begin for
such elections.
There are nearly 400 cities with populations
of less than 500, according to preliminary 1990
census figures. This flexibility in polling hours
would reduce election costs for those cities and
would permit local elected officials to adjust hours
of polling to meet the needs of local voters.
Townships of less than 500 population in
non-metropolitan areas are currently authorized to
set a time no later than 10 a.m. for opening the
polls for state elections. Requirements for posting
and publishing of the change in hours and notifica-
tion to the county auditor 30 days prior to the
election would provide sufficient notice in ad-
vance of election day.
e
e
EE-I0. Authority to Fill Vacancies by
Appointment (C)
The League supports retention of authority
for cities to fill vacancies by appointment for
local elective office.
Legislation that would prohibit cities from
filling vacancies by appointment for local elective
offices is ill-advised, costly and needlessly creates
obstacles to local self-governance. Further, the
League objects to measures that would preempt
local decisions in the adoption of home-rule
charters providing authority to fill such vacancies
by appointment.
Such restrictions undermine the authority of
cities to conduct regular governmental activities
and to carry out statutory responsibilities. Vacan-
cies in the offices of mayor, city council, and/or
elected city clerk must be filled promptly to assure
that a quorum is maintained and to permit the city
to effectively conduct official business.
There are more than 130 standard plan cities,
many of them very small communities in which
the position of city clerk is an elective office. It
would be irresponsible and unworkable to require
such cities to wait until the date of the next regular
city election to fill vacancies in that office. In
addition, for the nearly 700 cities that hold regular
city elections in November of even-numbered
years, such a requirement could force the city to
hold an extra election in the odd-numbered year,
thereby substantially increasing local election
costs.
Statutory cities have authority to hold special
elections to fill vacancies if they choose, for the
portion of the term remaining until the next city
election. If the vacancy occurs during the rust two
years of a four-year term, the appointee serves
until the next city election when a special election
is held to fill the remaining two years of the term.
If the vacancy occurs in the last two years of a
term, the appointee serves for the remainder of the
term.
EE-ll. Absentee Balloting (C)
The League urges the Legislature to
evaluate the results of the increased availability
of absentee balloting on voter participation, the
incidence of spoiled ballots and local election
costs.
LMC prefers that the Legislature refrain from
making additional changes in absentee election
requirements during the next two years if such
changes will increase local costs for administering
the process.
New statutes making it possible for registered
voters to use absentee ballots rather than to vote at
the polls need to be evaluated over the next two
years to determine whether such measures have, in
fact, helped to increase voter participation in the
election process.
Before counties adopt policies permitting
voters to apply for absentee ballots without restric-
tion, cities should be queried on their views and
efforts made to coordinate the implementation of
the new method of conducting future elections.
Elections and Ethics
Page 21
By 1993, the Legislature should determine
how the law has been used and eXjamine concerns
such as I
· Number of spoiled and rejdcted ballots;
· Instances of voter fraud;
· Increase in postage costs;
· Misuse of absentee balloting; and
· Ballot counting issues.
because of conviction for a felony without
restoration of civil rights.
,e
EE-13. Absentee Ballots for Hospitalized
Voters (C)
LMC supports authority for cities to
provide absentee ballots for hospitalized
eligible voters, on a limited basis, for persons
admitted to the hospital after 7 p.m. the night
before an election.
Such authority should be granted on an
experimental basis to determine whether the use of
fascimile transmission of ballots or other methods
devised to aid such voters are workable and can
assure that the integrity of the balloting process is
maintained.
EE-12. Removal of Candi~ate Name
From Ballot (C) I
I
LMC supports measures t~at would allow
city officials to remove the nam~ of a candidate
from the ballot if it can be demtnstrated that
the individual is ineligible for election to office
e
e
Page 22
League of Minnesota Cities Proposed Policies
e,
Proposed Policies
General Legislation and Personnel
e
GLP-l. Mandates (A)
The League opposes any additional
mandates. The League supports legislation
which would allow local governments to
disregard mandates which are not funded.
One of the most serious problems facing
cities is the growth in the number and cost of
federal and state-mandated programs which
substitute the judgments of Congress and the
Legislature for local budget prioJities. Recent
examples of costly mandated programs include
comparable worth, employee right to know, legal
compliance audits, and newspaper publications.
Special bills to address this problem on an ad hoc
basis have not provided a penn anent or statewide
solution to these problems.
The League therefore supports the continua-
tion and improvement of legislation which re-
quires the state to adopt a policy of deliberate
restraint on its mandated programs. First and
foremost, the Legislature should recognize the
absurdity of its current definition and classification
system of mandates which results in treating costly
mandates like comparable worth studies and
implementation programs as nonprogram man-
dates which need not be reimbursed by the state.
Mandatory fiscal notes identifying local
government costs on any new mandated programs
when they are introduced in the Legislature, and a
statement of compelling statewide interest to
accompany all state mandates should continue to
be required. Similar procedures should be re-
quired of state agency rulemaking.
New mandates should include revenues or
alternative revenue producing mechanisms, other
than the general property tax or the local govern-
ment trust fund. Also, the Legislature should
repeal obsolete, unnecessary, and unduly restric-
tive mandatory laws and rules.
e
GLP-2. Open Meetings and Data
Practices (A)
The League supports additional
amendments to clarify the procedures cities
should follow when the open meeting law
conflicts with the data practices act. Further,
the League supports legislation creating a
procedure for local governments to obtain from
the state fast and reliable review of
dissemination requests and receive protection
from any claim brought following release or
nonrelease based on the state review.
The 1990 and 1991 legislatures passed legis-
lation attempting to address issues raised by the
Annandale Advocate and other recent court deci-
sions regarding the conflicts created by provisions
of the open meeting law and the data practices act.
The intent of the open meeting law is to
ensure within practical limits the access of persons
to the actions and motivations of government. The
data practices act is intended to ensure within
practical limits the privacy of persons who will-
ingly or unwillingly become involved with their
government. When private or other classified
information must be discussed by a public body
subject to the open meeting law, as inevitably it
must in many situations I the government is forced
to attempt to meet two conflicting statutes.
The Legislature has attempted to identify
likely areas of conflict and to provide clear rules
for local governments to follow. Unfortunately,
not all circumstances can be anticipated nor
remaining ambiguities addressed. The League
supports amendments addressing the following
issues:
1. Do veterans preference hearings and civil
service proceedings qualify as arbitrations which
extend the period during which supporting docu-
mentation remains private or confidential?
General Legislation and Personnel
Page 23
2. If these proceedings also qualify as arbitra-
tion, how do local governments deal with the
different appeal periods and processes; is the data
private until all administrative appeal periods
lapse?
3. Do individuals have to be notified of their
right to have an open hearing, thus in effect
waiving their right to privacy?
4. What reasonable efforts m~st a local
government make to keep private pata which must
be discussed publicly?
5. What are the rules when data or meetings
involve both private and public data?
City officials are making gOo'd faith efforts to
comply with both laws. Without 4dditional clarifi-
cation, however, the Legislature nlust realize that
city officials owe it to their consti~uents to limit
the city's exposure to liability. Cqnsequently,
cities will continue to be conservative in releasing
data where there might be potential liability.
Further, it seems absurd to continue data classifi-
cation as private if governing bodies must discuss
it publicly. The logic of the Annandale decision is
sound and the League urges the ~islature to
return to the rule that if private da is discussed it
must be discussed privately or alt rnatively that
the current data classification syst~m should be
replaced by a more flexible systen1l dealing with
government information practices!
Additionally, the Legislature I should modify
the data practices act in two areas.1
First, the Legislature should ~ither preclude
the private, commercial use of goternmental data
or allow local units of government to charge the
actual costs of compiling data or *parating public
from private data when the disseniination request
necessitates significant staff work~
Second, the Legislature shou~d create a
process at the state which would alIlow cities to
forward dissemination requests from the public to
an individual or board at the state Ifor an opinion
on the proper response. The Lea~ue would sup-
port this process only if any local government
receiving the opinion would also ieceive protec-
tion from any claims brought as a jresult of actions
taken in reliance on the opinion.
GLP-3. Use of Deadly Force (A)
The League supports repeal of legislation
which preempts local governments from
prohibiting the use of deadly force under
circumstances where that level of force is
authorized under state law.
Legislation was recently enacted addressing
the issue of the use of force by peace officers. The
Legislature required adoption of local policies on
the use of force I including deadly force, and
mandated training for all peace officers both
initially upon appointment to a department and
annually thereafter. A preemption provision
included in the legislation requires local policies to
be consistent with state law and prohibits a local
government from restricting the use of deadly
force by officers in situations justified under state
law.
Officers are authorized under current law to
use deadly force to arrest or capture, or prevent the
escape of a person when the officer knows or has
reasonable grounds to believe that person has
committed or attempted to commit a felony
through the use or threat of deadly force. Any
local policy which is more restrictive than state
law or limits the authority of an officer to use
deadly force is currently overridden by state law.
The use of deadly force is one of many law
enforcement topics being debated in the law
enforcement profession and throughout society.
Local units of government determine appropriate
policy on a majority of these issues, such as the
use of non deadly force. Since there is no compel-
ling justification for a statewide policy I local
jurisdictions should be left to determine the appro-
priate use of deadly force.
GLP-4. Comparable Worth (B)
The League supports efforts to eliminate
any sex-based differences in compensation of
public employees and asks the Legislature to
refrain from further amending current law
until the Legislature evaluates implementation
reports which will be prepared in 1992.
Page 24
League of Minnesota Cities Proposed Policies
e
e
e
e
The League supports providing financial
assistance to cities in the form of special levy or
permanent levy base adjustments for equity
adjustments or a limit on the amount of equity
adjustments which a local government must
make in any year.
Following a review of implementation re-
ports, the Legislature should exempt from the law
those employers for which a job evaluation system
proves unworkable, such as those with too few
employees or too many single incumbent job
positions.
The 1990 Legislature enacted significant
amendments to the state's comparable worth
legislation. The 1991 Legislature authorized the
Department of Employee Relations to promulgate
rules regarding agency review of local government
implementation reports. Many local governments
are incurring substantial costs in adjusting their
implementation programs as a result of these last
minute changes. Additionally, because of the
changes, some cities may not finish implementa-
tion by the December 1991 deadline. Further
changes shortly after the deadline would be irre-
sponsible. The Legislature should evaluate the
implementation reports and consider options for
providing financial assistance to, or providing
additional time for, those jurisdictions still
deemed out of compliance with legislative goals,
provided that good faith efforts have been made
toward compliance.
e
e
GLP-5. Employee Benefits (B)
The League supports legislation promoting
the efficient and economical provision of
employee benefits including life, health, and
dental care for city officers and employees and
specifically opposes legislation which authorizes
employees or groups of employees to
unilaterally select particular care providers.
The League further asks the Legislature to
refrain from mandating additional benefits to
public employees absent considering the financial
implications of these additional benefits.
The Legislature has frequently mandated
additional benefits and workplace regulations
applicable to public and private employers. While
General Legislation and Personnel
many of these actions have worthwhile purposes,
they have a significant impact on local finances
and on the collective bargaining process. The
Legislature must bear in mind that to the extent
that certain benefits are given away unilaterally
there is no need to bargain for them, thus allowing
public employees to demand other benefits
through negotiation. Additionally, while some
benefit increases seem to have a minor impact
when first considered I they may inflate rapidly in
the future or combine with other provisions of law
to cause significant expense. While it is unrealis-
tic perhaps for the Legislature to refrain totally
from mandating certain benefits, they should
consider the ramifications of their actions and
understand their substantial role in increasing the
personnel costs of local governments.
Cities, like all employers, are alarmed at the
rapidly rising cost of health care in Minnesota.
Further, health care availability is a critical issue
in many parts of the state. The League supports
efforts to ensure the availability of quality health
care at affordable costs. Employers who currently
provide health care benefits for their employees,
however, should not have to pay twice.
Some past legislative actions have limited
cities flexibility in selecting health care providers.
Specifically, as an element of the creation of a
statewide health plan for public employees the
Legislature provided that exclusive representatives
may unilaterally determine whether their employ-
ees will participate in the state plan, leaving only
the proportion of premium paid by the public
employer subject to bargaining. The result may be
additional administrative or personnel costs to the
public employer. The Legislature should elimi-
nate the unilateral selection authority it has
granted exclusive representatives.
GLP-6. Employee Training and
Education Requirements (B)
The League opposes any additional state-
imposed employee training, education, or
certification programs, but supports the
availability of technical and financial assistance
from the state for local or regional training and
education programs.
Page 25
The Legislature has recently considered
proposals to require state certification for
frrefighters and dispatchers I and four-year college
degrees for police officers. There have been other
related proposals, all which seem to ignore the
significant impact on local recruitment and reten-
tion and cost containment efforts.
Rather than respond with add~tional state
requirements, the League supports! efforts by the
state to make training programs more readily
available for local employees as w~ll as financial
assistance by the state to encourag~ local govern-
,
ments to provide additional traini~g and educa-
tional opportunities for their emplfyees.
Further, alternative methods ~hould be pro-
vided for entry into these position~.
GLP-7. Local Police and paf'd Fire Relief
Associations (B) ,
1. Local police and frre relief associations,
with city consent, should be enco 1 aged to merge
into the PERA police and frre fun s under the
uniform policy enacted during the 1987 legislative
session. Any amendments to the olicy should
lower city consolidation costs whi e fully protect-
ing the solvency of the PERA poli e and frre fund.
2. If the Legislature determin~s that "escala-
tion" (pensions adjusted by the pe~centage increase
of wages of active members) pre~ntly in effect
does not offer adequate inflation protection, that
mechanism should be adjusted or ~bolished.
However, no new mechanism suc~ as that autho-
rized for Minneapolis police or frrtfighters in
Laws 1988, Chapter 319, should be authorized
while "escalation" remains in effe4t.
3. The LMC supports change$ in actuarial
assumptions relating to salaries an~ investment
return to more truly reflect experiences. The LMC
opposes payment of any type of bonus to active or
,
retired members (13th check) as a part of actuarial
assumption changes. I
4. The LMC opposes legislatipn that provides
for reductions of state amortization aid to local
,
police and frre relief associatiOns.l ,I
5. If, despite city objections the
Legislature authorizes another benefit increase
for local police and paid fire me~bers, all costs
of the benefit increase should be borne by the
state.
The establishment of multiple mechanisms to
make post retirement adjustments to protect
retirees in local police and paid frrefighter pension
plans is illogical, confusing, unnecessary, disrup-
tive, and expensive.
e
GLP-8. Minnesota Public Employment
Labor Relations Act (PELRA) (B)
1. The League recommends that legislation
be enacted that gives public employers the
option of either requesting arbitration within a
specific time or allowing essential employees to
legally strike.
Cities in Minnesota are very diverse in their
public employment practices. Their ability to deal
with employee strikes also varies greatly. The
history of bargaining in the public sector has
indicated that if cities are properly prepared, even
strikes by "essential employees" may not unduly
threaten public health and safety. In contrast. the
prohibition of the right to strike has forced undue
reliance on arbitration, which usually has resulted
in large compensation awards to essential
employees.
For these reasons, the League recommends
that legislation be enacted that gives public em-
ployers the option of either requesting arbitration
within a specific time or allowing essential em-
ployees to legally strike. Further, the League
opposes considering any additional employee
groups as essential employees.
2. The League recommends the
Legislature authorize public employers to
select item-by-item impasse arbitration as a
method of arbitration.
Currently I state law provides that both parties
to an interest arbitration can decide what type of
arbitration they are submitting to-final offer
item-by-item or final offer total package. Since
the arbitration will inevitably involve public
expenditures from state and local taxpayers, the
wishes of the representatives of the taxpayers
should be the sole determinant of the type of
arbitration.
e
tit
Page 26
League of Minnesota Cities Proposed Policies
e
3. The League recommends that the
Legislature reinstate the previous definition of
employees covered by PELRA to people
employed for more than 100 working days in a
calendar year.
The 1983 Legislature reduced the time period
that part-time employees must be employed before
they are considered employees covered by
PELRA. This has resulted in higher wages for
some part-time employees I and more significantly,
has resulted in cities hiring fewer part-time em-
ployees. 1991 legislative action in this area has
caused further confusion, which may also result in
a lessening of job opportunities, particularly for
students and the disadvantaged. Additionally,
many employees who view their work as tempo-
rary or transitory in nature, have been asked to pay
their fair share of union dues, even though they
receive no benefit from union membership.
Experience with the law has indicated general
dissatisfaction with the law by every affected party
except unions representing primarily full-time
employees.
4. The League opposes any changes in
PELRA which would permit public employees
to refuse to cross the picket lines of other city
employees, or would change the definition of
supervisory or confidential employees.
Supervisors of public employees should have
their management role acknowledged, and con-
tinue to have their status limited so they may meet
and confer. In no event should supervisory or
confidential employees be represented by an
employee organization which represents the
employees they supervise. Further limitation of the
definition of supervisory personnel would mean
that in cities, except city manager cities, no em-
ployees could be considered to be supervisory
employees for purposes of PELRA.
5. The League opposes a requirement that
interest be paid on arbitration awards.
Because either side to a contract may precipi-
tate delays in settlements, it would be unfair to
sanction public employers for the delays. As an
incentive to prompt settlements, the League
e
tit
supports eliminating the ability to make retroactive
settlements on arbitration awards.
GLP-9. Presumptions for Workers'
Compensation Benefits (B)
The League supports modifications to the
workers' compensation statutes (Minn. Stat.
176.011, subd. 15) which would restrict
presumptions of occupational diseases to apply
only after an employee can establish an absence
of personal risk factors that could have caused
the disease or ilJness.
The law allows for the legal presumption that
police officers, ftrefighters, paramedics, emer-
gency medical technicians, and nurses contract
certain diseases or illnesses due to their employ-
ment. Employers must then rebut the presumption
by introduction of evidence. This burden is
difficult and increases the chance that employees
receive compensation for non-work caused ill-
nesses and diseases.
Currently, the law provides the following
presumptions for the following personnel:
· Police and rue-myocarditis, coronary
sclerosis, pneumonia or its sequel
· Police, rue, paramedic I emergency medical
technician, nurse--infectious or
communicable disease (exposures outside of
a hospital)
· Fire--cancer
All of the listed diseases or illnesses are
common to the entire population and an equal or
greater correlation may exist between the specific
illness and the individual's personal risk factors
such as smoking, diet, exercise, heredity, and
lifestyle than the correlation between the job and
the illness.
For this reason I the League supports legisla-
tion limiting the presumption to cases where the
employee can demonstrate limited personal risk
factors I or alternately the Legislature should
clarify the right of a local government employer
to prohibit smoking on or off-duty and to require
General Legislation and Personnel
Page 27
other measures to limit non-work causes of these
illnesses and diseases.
I
I
,
GLP-IO. Public Contracting (B)
The League supports legisl~tive action to
clarify and modernize state law~ regulating city
contracting for improvements, ~rvices, and
materials. Any change should niaaintain cities'
flexibility in contracting. i
As governmental bodies, citi1S and other
local governments have an obliga . on to engage in
fair and public contracting practic s. State laws
have attempted to provide guidan~e to local
governments in their contracting ~ractices. The
League supports legislation updating these statutes
to reflect inflation and to modify provisions to
meet current needs or unique situ~tions.
1. The League supports refer~ncing the
contract amounts over which sealed bids must
taken in the amounts specified in ~inn. Stat.
412.311.
These statutes govern purcha$ing practices of
statutory cities. However, in a 1918 opinion the
attorney general stated that the bidding require-
ments for statutory cities are governed by the
dollar limits of the uniform contraFting law rather
than Minn. Stat. 412.311. This opinion has been
followed by most cities although r~cently there has
been evidence of some continuing] confusion. In
order to clarify the matter, the Legislature should
adopt language making the two st:4tutes consistent.
2. The Legislature should in~rease the
purchasing authority of city managers in Plan B
cities from $1,000 to conform to the amounts in
the uniform municipal contracting law for con-
tracts which do not have to be let ~ter taking
sealed bids. i
.Minn. Stat. 412.691, first en~cted in 1949,
prOVides that Plan B managers arel the chief pur-
chasing agent of their city. Curren~YI all purchases
for the city and all contracts are m~de by the
manager when the amount of the ~urchase or
contract does not exceed $1,000; ijut all claims
resulting therefrom must be audited and approved
by the council similar to other claims. All other
contracts and purchases are made by the council
after obtaining the recommendation of the man-
ager. The Legislature in 1959 increased the
statutory amounts from $500 to $1,000. It seems
reasonable to increase the amount to the level
specified in the uniform contracting law for
purchases that do not need competitive bidding,
which is currently $15,000.
3. The League supports clarifying uncertain-
ties that have arisen regarding when cities must
obtain contractor I s performance bonds.
Minn. Stat. 574.26 provides that contractor's
performance bonds must be obtained in order to
validate any city contract for the doing of any
public work, unless the contract is for less than
$10,000. Letters of credit may be used as an
alternative for projects up to $50,000.
Minn. Stat. 469.155 provides that for indus-
trial development projects a city may choose either
to require a bond or may rely on the mechanics
lien statutes to protect subcontractors, but in a
pending court action at least one district court
judge has ruled that a city may be deemed negli-
gent if it does not require a bond.
The League supports a continuing review of
these statutes and supports clarifying legislation
that allows cities to determine without fear of
liability whether bonds or other security should be
provided by a particular developer or contractor on
public projects or development projects. Addi-
tionally, the Legislature should remove the dollar
restriction that allows letters of credit only on
public projects which are less than $50,000 and
allow cities to determine which form of security
best protects the citizens of the city regardless of
the project cost.
4. The League supports legislation authoriz-
ing city councils to delegate authority to other city
officers, employees, or consultants to approve up
to a specified amount or percentage in change
orders to pay for unforeseen circumstances both in
public improvements under Chapter 429 and in
other contract situations under the uniform mu-
nicipal contracting law (Minn. Stat. 471.345).
e
e
e
Page 28
League of Minnesota Cities Proposed Policies
e
GLP-ll. Public Employees Retirement
Association (PERA) Benefits, Financing,
and Administration (B)
The following principles should govern any
changes the Legislature makes in the Public
Employees Retirement Association (PERA) and
the other statewide pension plans.
1. The League opposes any change in the
PERA rule of 90 or the current early-
retirement reduction factor for current
employees, especially vested employees.
Members have provided substantial service in
reliance on these beneficial and supposed perma-
nent fund features.
2. The League of Minnesota Cities opposes
modification of the "high five" formula.
The adoption in 1973 of the "high five year"
benefit formula for PERA has provided very
adequate pension benefits for career municipal
employees. Further shortening of the averaging
period would create windfalls for some PERA
members and multiply opportunities for manipula-
tion of service and salaries to maximize pension
benefits without proportional contributions to the
fund.
3. The 1989 Legislature made major
benefit improvements, changed statutory
assumptions and the time table for full funding.
Substantial experience with the new law should
be gained before any significant changes are
authorized by the Legislature. Any reductions
permitted by excess reserves or excessive
current contributions or combinations of the
two should be of such amounts as to benefit the
employer and employee equally as a percentage
of overall employee salary or in the case of
police and fire, in the same percentages as
contributions are made.
4. The present post.retirement investment
fund should continue.
However, a voluntary alternative inflation
adjustment mechanism should be provided which
permits significant investment in common stocks
I
which when measured over extended time periods
have historically produced a better rate of return
e
e
than fixed income investment.
GLP-12. Tort Liability and Insurance (B)
The League supports legislation reducing
the exposure of cities to civil lawsuits without
unduly restricting an injured party from
recovering compensation from negligent
individuals. The League also supports actions
ensuring the availability and affordability of
insurance coverage for cities.
The growth of tort litigation over the past
several years has resulted in increasing liability for
governmental entities I private businesses I and
individual citizens. Additionally, business prac-
tices of insurance companies have played a signifi-
cant role in insurance pricing. The League sup-
ports reasonable reforms addressing both sides of
the liability insurance issue.
The municipal tort liability act was enacted in
1963 to protect the public treasury, while giving
citizens relief from the arbitrary, confusing, and
administratively expensive prior doctrine of
sovereign immunity. The act has served that
purpose well in the past. However, courts fre-
quently forget or ignore the positive benefits
secured to citizens as a result of the act, which
includes liability exceptions and limitations.
The special vulnerability of far-flung govern-
ment operations to debilitating tort suits continues
to require the existence of a tort claims act, appli-
cable to local governments as well as the state.
The League recommends the following:
1. Continuing our system of clearly defining
and limiting the scope of public liability through
legislation. The League strongly supports reten-
tion of the dollar limitations on governmental
liability. The current limits of $200,000/$600,000
seem sufficient at this time but should be reviewed
periodically to ensure that those injured are not
unfairly compensated and that the limits remain
constitutional. The limits should be set at an
amount that allows all levels of government to
economically procure coverage, and provide
sufficient lead time to avoid to the extent possible
budgetary problems. Additionally, the limits
General Legislation and Personnel
Page 29
should conform to the extent possible with cover-
age limits available from insurers. I Liability for
particular city operations, such as rrrefighting and
park and recreation facilities I should only arise if
there is a showing of gross misconduct or gross
negligence.
2. The League supports modifying state l.aws
providing for punitive damages. ~unitive dam-
ages I intended to punish and dete1.'egregiOUS
conduct, have not been effective b cause the
standards of applicability have be n too vague.
The League does not oppose the tqtal elimination
of punitive damages, but would Pre' fer that the
Legislature specify that punitive d ages may be
awarded only when the conduct in olved mani-
fests a malicious and flagrant indi~ference to
safety, and place monetary limits ~n such awards
or require payment of some of the I damages
awarded to the public, rather than ~o the plaintiff.
3. The League favors eliminajting joint and
several liability except in limited qircumstances.
The fault-based system of damagel awards has
apparently eroded. In order to faciJitate the return
to a fault-based system, joint liability should be
abolished in cases where defendants have not
acted in concerti and a modified c~mparative fault
system should be used to evaluate Ithe actions of
other individuals involved with th~ injury and
assess damages only in proportion I to the amount
of each person's fault. At the ve~ least, the
Le gislature should retain the 19861 modification to
the comparative fault statute that ~liminates joint
liability for governmental defendants when they
are less than 35 percent at fault.
4. In order to protect any ena~ted legislation
from constitutional equal protectiqn challenge, the
Legislature should establish ration~es defining the
problem and the intent of the Legi~lature. Further,
all government entities should Shr the same
exceptions and limitations in orde to avoid an
equal protection challenge.
,
i
GLP-13. Veterans' Preferen~e (B)
1. The League supports am~nding the
veterans' preference act to provlde that a
veteran must select one and onl)t one hearing
procedure rather than be able to request both a
I
I
I
Page 30
veterans' preference hearing and a grievance
procedure under a collective bargaining
agreement
Current statutes entitle a veteran to at least
two different hearing procedures to challenge any
disciplinary action. This is inefficient and may be
unworkable I since the standards for court review
of the decisions of veterans I preference boards and
grievance arbitrators vary significantly.
The Minnesota Supreme Court, has indicated
that these statutes need to be amended. The law
should provide for a selection of a single hearing
procedure and eliminate any requirement for
salary payment pending the hearing when the
veteran does not request a hearing within 10 days
or when an impartial hearing body determines that
the dismissal was for just cause.
2. The League supports legislation
providing specific time lines to be followed by
employers and employees in the veterans'
preference discipline or dismissal process, so
that an employee must provide notice of their
intent to appeal within 10 days and the hearing
process must be completed no later than 90
days following a proposed disciplinary or
dismissal action.
Currently an employee has 60 days from the
date of the employer's notice of discipline or
dismissal to request a hearing. If a hearing is
requested, there are no time lines for holding
hearings or rendering decisions.
Under this system, a termination decision
can, and has, taken more than a year, during which
the employee receives full pay and benefits. The
result is extremely costly to cities, particularly
small cities, which often must hire replacement
workers for this period. The League's proposal to
provide a more expedited process would not
infringe on the employee's right to a hearing, but
would ensure a more efficient and cost-effective
procedure.
e
-
GLP-14. Gopher State One-Call (C)
The League supports exempting cities and
other local units of government from the
Gopher State One-Call excavation system.
The 1987 Legislature enacted a one-call
e
League of Minnesota Cities Proposed Policies
e
excavation notice system. Among other require-
ments, the law requires local governments that
issue permits for an activity involving excavation
to continuously display a state prescribed
excavator's and operator's notice, and to provide
all permit applicants a copy of the state law (Minn.
Stat. 216D.02). All excavators are then required
to contact the state notification center at least 48
hours prior to excavation (except in emergencies).
The center is then to contact all operators of
underground facilities (cable television, phone,
electrical, heat, gas, oil, petroleum products, water
including storm water, steam, sewage, and other
similar substances) in the area which in turn are
required to mark their facilities within 48 hours.
Although labeled as a one-call notification
center, the system has resulted in multiple con-
tacts. For instance, an excavator will apply to a
city with an excavation permit system. The city
will notify the excavator of the state law require-
ments. The excavator then contacts the state
notification center which in turn will contact the
city, among the operators, of an excavation the
city already knows about and will charge them for
the notification. This aspect of the system is
absurd and should be modified to exclude notice to
cities when they have an excavation permit system
which triggers the system.
The Legislature should conduct a review of
the one-call system to determine if it is being
operated efficiently and to determine if its billing
practices should be changed.
-
e
GLP-15. Liquor Issues (C)
The League opposes the establishment of
one class of beer and the off-sale of wine in
other than liquor stores.
The establishment of one class of beer in
Minnesota would cause substantial problems in
controlling the sale of beer in filling stations,
grocery stores, drug stores, and elsewhere where
3.2 beer is sold. Also, with regard to a proposal
for only one class of beer in Minnesota, current
3.2 on-sale establishments could be selling strong
beer without the supervision and controls imposed
upon on-sale liquor establishments and municipal
liquor stores, or would be forced to meet most if
not all the restrictions on intoxicating liquor
establishments.
Cities should be fully authorized to establish
hours of sale and be expressly authorized to
establish differing license fees for establishments
having different hours of operation.
GLP-16. Utility Service Territories (C)
The League supports legislation confirming
the power of Minnesota cities: 1) to require
franchises of all non-municipal electric, gas,
telecommunication, steam, and hot water
utilities as a precondition to service within
municipal boundaries, and 2) if a city has or
starts a municipal utility, to serve all territory
within city boundaries without paying
prohibitive, speculative, or unjustified buyout
charges.
In order to plan in the most effective and
economical way for city economic development
and infrastructure needs including those not
directly related to gas and electric or other ser-
vices, cities need substantial controls over the
type, location, cost, and layout of electric, gas, and
other utilities. They must also be able to cause
relocation of the same without great public ex-
pense. Recent decisions of the Public Service
Commission have called into question city powers
to franchise in or serve new areas of the city.
Rigid service territory boundaries established by
the commission must be subject to practical
modification to best serve the needs of city resi-
dents and the state as a whole.
GLP-17. Cable Communications (C)
The League supports strengthening the
existing Minnesota cable act
Minn. Stat. Chapter 238, in its present form,
is very important to local governments because it
protects cities' rights to enforce local standards
and cable operator commitments for technical,
construction, and programming performance.
General Legislation and Personnel
Page 31
Any changes should strengthen the authority
of local governments to franchise and regulate
cable communication systems in their communi-
ties.
Additionally, the state should reinstitute
active monitoring, administration,and enforce-
ment of cable with specific reference to the proper
filing of initial and modified franchise ordinances,
franchise renewals, and transfers of ownership.
Relationships between local franchising
authorities and cable operators are! defined at the
federal level by the Cable Commuhications Policy
Act of 1984, at the state level by ~innesota
Statutes Chapter 238, and at the 10falleVel by
local cable franchise ordinances.
In 1985, the Legislature aboli~hed the Minne-
sota Cable Communications Board, an appointed
body of the Department of Administration which
promulgated and enforced provision of the cable
legislation and accompanying rules. This legisla-
tion codified some previously exi*ng board rules
into statutory form and reassigned !responsibility
for telecommunications from the foard to the
commissioner of commerce. How veri in 1987
the Legislature discontinued any s te enforcement
for cable.
GLP-18. Military Leaves ((1::)
The League recommends th~t the statutes
be amended to provide that wher an employee
is temporarily absent because ofl short-term
military service, the employer P.y only the
difference between military pay ~nd the public
pay, rather than the full public ~lary.
Under current law, a city employee, as well
as any other public employee I is ebtitled to leave
with full pay and accrual of seniority status and
other benefits for all the time the employee is
engaged in short-term (15 days or less) military
service while receiving full military pay. Cities,
particularly those which must hire part-time
replacement employees when others take military
leave, suffer a significant financial hardship not
shared by private sector employers who are not
required to provide short-term paid military
leaves.
Public employees should only have to pay the
difference between the employee's military pay
and their regular wage for this IS-day period. Any
longer leave period should be without pay and the
accrual of seniority and other benefits should be
suspended for military leaves beyond 30 days.
Current law which provides for mandatory leaves
and reinstatement after wars, declared emergen-
cies, active duty training, and duty training should
be changed to provide for mandatory leaves and
reinstatement only after wars and declared emer-
gencies. Employees should not be entitled to leave
and be reinstated for active or inactive training
duty.
e
e
GLP-19. Volunteer Firefighters (C)
In the absence of an overriding and well-
demonstrated need to provide full vesting for
short service, the League opposes further
reductions in current statutory standards for
vesting volunteer firefighter pensions.
Statutory changes to allow local volunteer
firefighter relief associations to pay full yearly
pension benefit portions to retirees with less than
20 years of service will increase actuarial costs to
cities and reduce incentives for long service.
.
.
e
Page 32
League of Minnesota Cities Proposed Policies
e
Proposed Policies
Land Use, Energy, Environment, and Transportation
e
LUEET-l. Annexation (A)
A. The League supports legislation
restricting further urban growth outside city
boundaries and facilitating the annexation of
urban land to cities.
Public policies which encourage substantial
development in non-urban areas and which extend
public services beyond existing jurisdictions and
service areas are wasteful and counter-productive.
Additionally, shoreland and prime agricultural
land are major natural and economic resources and
the state should include as a major objective, their
preservation, and wise use.
Particular attention should be given to the
problem of development and the delivery of
governmental services to urbanizing fringe areas.
State law should continue to encourage the
preservation of shoreland and prime agricultural
land and discourage the development of such land
outside designated growth areas to be served by a
city. The League recommends:
1. That state statutes regulating annexation
be changed to make it easier for cities to annex
developed or developing land, within
unincorporated areas designated as a growth area
by the annexing city. It is unfair to city residents
to have individuals avoid paying their fair share
for municipal services provided by the city gov-
ernment by living in the fringe area around a city;
and
2. Cities should be given the authority to
extend their zoning ordinance and subdivision
controls up to two miles outside the city's bound-
aries regardless of the existence of county or
township controls.
B. The League also supports legislation
restricting the ability of individual property
owners to petition the Municipal Board to
detach their land from one city and to annex it
to an adjoining city.
e
In 1985 the state's annexation statutes were
amended to allow an owner of land to petition the
Municipal Board for concurrent detachment and
annexation. Prior to 1985, only the affected cities
could begin the process. Since the amendment,
several instances have arisen where owners have
petitioned the board because they were dissatisfied
about land use or development assistance decisions
made by the host city.
The Legislature should either repeal the
property owner petition provision or provide the
affected cities a right to veto the petition. At the
very least, the Legislature should provide a list of
factors for the Municipal Board to analyze when
considering requests for concurrent detachment
and annexation.
L UEET-2. Solid and Hazardous Waste
Management (A)
The League supports state programs
designed to minimize or eliminate the need for
landfilling solid and hazardous waste.
The problem of regulating, controlling, and
disposing of solid and hazardous waste will con-
tinue to be a major environmental issue both
nationally and in Minnesota. Major state legisla-
tion addressing this issue has been enacted annu-
ally since 1980. These acts responded to the
concerns and issues raised by the League, other
local governments, and citizens and we commend
the Legislature for its actions.
The existing waste management and control
system for handling and disposing of hazardous
materials centralizes responsibility at the state
level, but requires the cooperation and support of
all levels of government. The system established
for solid waste is more diffuse, relying on cities to
control and regulate collection, counties to regu-
late or operate existing resource recovery or
disposal facilities, and the state to coordinate
Land Use, Energy, Environment, and Transportation
Page 33
responsibilities and plan for future disposal needs.
Both systems should foster and en90urage abate-
ment, recycling, and resource recovery for as
much of the waste stream as possible and then to
assure environmentally sound disposal for the
remaining waste.
The system appears to be working, and
therefore the League does not perceive a need for
major changes to existing legislation at the present
time. But any future legislation th4t may be
considered should enhance and notldiminish the
emphasis on these concerns. The r.fegislature
should adopt provisions promoting I timely and
consistent decision-making at allle~els of govern-
ment, including establishing timelimes for review
and approval processes if appropri~.te.
1. Effective planning. To the greatest extent
possible, all levels and units of government and
the private sector should be involved in all phases
of planning and managing the solid and hazardous
waste streams to assure a cost-effeqtive and envi-
ronmentally sound solid waste and razardous
waste disposal system.
2. The League supports efford aimed at
avoiding or reducing the creation l' solid and
hazardous waste. These efforts sh uld include
disincentives for creating hard to d spose of items
and notifying consumers of the eas~ or difficulty
of disposing of materials prior to purchase. Finan-
I
cial incentives for recyclable packaging. The
League supports efforts at the state iand federal
level to institute financial incentive~ to avoid
single-use packaging materials. ne state should
not preempt local regulatory authOIlity in the
absence of an effective I statewide r~gulatory
framework or program which is at \east as strong
as regulations already adopted by c~ties. Further,
financial or other incentives should! be used to
encourage environmentally acceptfle product
generation and handling. i
3. Alternatives to landfills. ~e League
strongly endorses abatement, recycJing, and
resource recovery activities and prqgrams to
reduce the need for the land dispos~ of waste.
The goal should be to reduce, to the maximum
extent practical I the need for land disposal of
unprocessed solid waste, and to to~lly eliminate
the land disposal of hazardous waste. The League
supports annual statewide recycling goals for local
governments based on a percent of total tons of
mixed municipal solid waste generated.
The League supports the prohibition of
disposal of unprocessed solid waste in landfills, as
cost-efficient and environmentally safe alterna-
tives are developed and funding is provided to
cities to implement their responsibilities. Ash
from waste to energy facilities should continue to
be regulated as a special waste.
4. Funding for recycling, reduction, and
abatement efforts. The League supports alterna-
tives to general taxes as sources of financing
conservation efforts. These alternatives can
include specific taxes I additional fees on landfill or
disposal facility users, and state or county grants
and loans. Financial assistance programs need to
be regularly reviewed and continued if necessary
to effectuate waste reduction. Changes in fmanc-
ing should be implemented in a manner which
avoids budgetary disruption. The Legislature
should continue to fund educational and opera-
tional pilot program efforts on the subject of solid
and hazardous waste disposal I including alterna-
tives for the disposal of household hazardous
waste I such as those promoted by the household
hazardous waste reduction project. The League
also supports legislation requiring that the six
percent garbage sales tax (SCORE tax) be distrib-
uted directly to the local unit of government that
actually operates the recycling program within that
jurisdiction.
5. Siting process. The siting of solid waste
facilities has become extremely difficult. The
Legislature should reexamine siting issues and
provide additional incentives or mechanisms to
encourage siting of necessary facilities.
6. Clean-up of hazardous substance loca-
tions. The clean-up and decontamination of
existing hazardous waste sites should continue
before there is further damage to public health and
environment. If a responsible party can be identi-
fied, that party should be liable for clean-up costs
and personal injury damages as defined in law. If
a responsible party cannot be identified, then the
clean-up should be financed by the state
e
e
e
Page 34
League of Minnesota Cities Proposed Policies
e
superfund. Cities which acquire land should not.
because of their acquisition. become the respon-
sible parties for clean-up. Damage caps and state
indemnification provisions should be modified to
clarify the liability exposure of local governments.
Local governments should be protected from
extreme clean-up costs, or costs which do not
directly relate to their contribution to the problem.
7. Implementation of federal superfund
community right-to-know and emergency response
provisions. Amendments to the federal superfund
law require individuals and businesses possessing
hazardous materials to report the size and nature of
their inventories to state and local agencies and
require the creation of hazardous materials re-
sponse teams. The League supports the adoption
of state programs which minimize the cost of these
programs to our citizens while fully meeting
federal requirements. The new law and subse-
quent regulations have the potential for imposing
significant costs on local governments. These
additional costs and administrative burdens should
be carefully monitored and efforts made to reduce
the impact on cities, such as seeking to consolidate
the reporting. recordkeeping. and inspection
requirements. The League supports state assis-
tance in establishing regional hazardous material
response teams throughout the state by agreements
with existing departments or groups of depart-
ments. All associated costs should be assumed by
the state in order to ensure uniform protection and
equitable financial burdens.
Additionally I cities as the likely first
respondees to any incident. should be given
priority in establishing emergency response plans.
8. Management of solid waste collection and
disposal. Cities should retain their existing author-
ity to organize collection and regulate solid waste
facilities and should not be required by statute to
compensate parties for changes in regulations nor
have their local authority to regulate land uses
unilaterally overridden by other levels of govern-
ment.
e
e
LUEET-3. Street and Highway
Funding (A)
The League supports legislative action
providing an adequate funding for streets and
highways for city, county, township, and state
roads from stable statewide sources. The
Legislature should consider using multiple
revenue sources which have adequate growth
potential to meet the rising needs of street and
highway systems throughout the state. The
League supports consideration of additional
revenue sources, including increased gas taxes,
automobile registration fees, license fees,
wheelage taxes, and other types of user fees.
An efficient transportation system is a vital
element in planning for fiscal. economic. and
social development at state. regional, and local
levels. Since the economy of the state and its
cities are dependent upon highway transportation,
particularly agriculture and tourism, it is necessary
to detennine long-range street and highway needs
to assure the vitality of the state's economy.
Actions such as the cut of $3.846 million in
MVET (motor vehicle excise tax) aid to cities in
the middle of the 1991 budget year do not serve
the street and highway system goals of cities or the
state.
Furthennore, environmental concerns and the
need to conserve energy require the use of alter-
nate modes of transportation in meeting the di-
verse needs which exist in various communities
and regions of the state. Tied in with the funding
issue are the issues of jurisdictional studies and
turn back of responsibility for roads.
The League recommends that the following
issues be addressed by the Legislature.
1. Transportation utility: The League
urges the Legislature to authorize cities to
create, at their option, a transportation utility.
Such authority would acknowledge: the effects
of very tight levy limits and cuts to the state aid
revenues available for local transportation
infrastructure; the benefit to all taxpayers of a
Land Use, Energy, Environment, and Transportation
Page 35
properly maintained local transportation
system; and the severe Iimitatio~ of existing
special assessment authority.
A transportation utility I comparable to the
statutory authority for cities to operate storm
sewer utilities, would provide a stable, long-term,
dedicated funding source for recon~truction and
maintenance of city transportation (acilities.
Current transportation fundingloptions avail-
able to cities are inadequate. Curre~t special
assessment law, Chapter 429 (Loc~ Improve-
ments, Special Assessments) does not meet cities'
financing needs because of the ben~fit require-
ment. The law requires a minimu~. of 20 percent
of such a project to be specially as ssed against
affected properties. In practice, ho , ever, proof of
increased property value to this ex~nt--"ben-
efit"-<;an rarely be proven for reg~lar repair or
replacement of existing transportati?n infrastruc-
ture. Alternatives to financing thro,gh the use of
Chapter 429 authority are nearly no~existent.
The Legislature has given citief the authority
to operate utilities for waterworks, ~itary sewers,
and stormsewers. The stormsewer uthority
(1983), in particular, set the preced nt for a work-
able process of charging a fee on a tility bill for a
city service or infrastructure which ts of value to
the entire city without metering and I without proof
of property value increases (benefit~. A transpor-
tation utility would use technical I w~ll-founded
measurements, and would equitably I distribute the
costs of local transportation serviceS.
Authority for cities to operate a transportation
utility would reduce the need for cities to incur
debt in order to accom,plish major r~construction
and maintenance projects. It would ]also limit the
frequency of large special assessme~t charges on
individual property owners. I
Finally, authority for this Utili~t. will be
enabling only. Cities will need to i dividually
weigh the benefits of such a tool for their long-
term transportation service needs. I
2. Funding for local and stat~ roads and
streets, including the facilities an~ operations,
should be clearly appropriated fo~ these
I
transportation purposes.
The League supports targeting the highway
user fund to be used only for expenditures related
to improvement, construction, and maintenance of
the highway system and municipal and county
state aid programs. Funding of other state pro-
grams which do not directly benefit the transporta-
tion system in the state should be funded through
the state's general fund. In fiscal year 1991, over
$66 million from the trunk highway fund was
spent for state agencies such as the Department of
Public Safety (including law enforcement), Tour-
ism and Economic Development, the Department
of Health, and the Department of Education.
Establishment of a "transportation services fund"
by the 1991 Legislature was a positive first step in
this direction. The League encourages further
clarification and separation of transportation
related spending.
3. The League urges the Legislature to
establish a system of direct appropriations to
cities under 5,000 population.
Smaller cities can rely only on general prop-
erty tax revenues, and limited use of special
assessments, for road and street funding. Town-
sh~ps currently receive approximately two percent
of ' the highway user tax distribution fund for road
construction, reconstruction I and maintenance of
town roads. The Legislature should provide a
similar state aid program for smaller cities.
This could be accomplished through either a
constitutional amendment modifying the 62-29-9
formula for the highway user fund, from a portion
of the current 29 percent county share, or at a level
similar to the direct distribution for townships.
Efforts should be made to ensure that county state
aid (CSAR) designated for roads within cities
under 5,000 population is continued.
4. The League supports opportunities for
alternative financing for local transportation
needs including the option of local authority for
toll facilities.
Cities should be given the authority and
flexibility necessary to finance future needs
through public, private, or joint agreements.
5. The state bonding program should be
continued in order to provide funds for cities,
e
e
e
Page 36
League of Minnesota Cities Proposed Policies
e
towns, and counties for replacement and repair
of bridges.
6. The Legislature should authorize cities
to establish, at their option, road access charges
for new residential, commercial, and industrial
development.
Growing communities are finding it increas-
ingly difficult to finance construction of facilities
needed for new residential I commercial, and
industrial development. Often, with new develop-
ments, major streets (collectors) often also need to
be constructed. Under current law, only "the
abutting benefitted property" can be specially
assessed for the costs of such roads, and then only
for the degree of benefit. Such assessments are
generally inadequate to pay for the roadway
upgrades which are necessary to serve larger
populations.
Cities should be allowed to levy such charges
on an area or per lot basis at the time subdivisions
are approved, (similar to park dedication fees), or
on existing open lots when a building permit is
issued. For other services, the Legislature has
recognized similar problems and authorized
charges to provide facilities which do not directly
abut the affected property. Two such instances are
park dedication fees and sewer availability
charges.
7. Increased support should be provided
for innovative and "inter-modal"
transportation programs and policies.
Restoration of funding for the bikeway grants
program would be an example of this
commitment.
Dependency on the current primary transpor-
tation options should be lessened. All levels of
government in Minnesota should continue to
encourage increased energy conservation, travel-
demand management, ride-share programs, alter-
native fuels, bicycle facilities, and research and
education of such options.
There is an increased awareness of health and
fitness, the environmental benefits and cost effec-
tiveness of bicycling, and greater numbers of
Minnesota citizens are looking for safe and conve-
nient transportation alternatives. The Minnesota
e
e
Comprehensive Bicycle Plan recommends the
establishment of grant program to create bicycle
friendly zones. Some of the possible programs
include: construction of on and off road bicycle
facilities I public education efforts, and promotion
of bicycling.
8. The League does not oppose the
imposition of a metropolitan area add-on sales
tax to be used to finance metro transit, light
rail transit (LRT), and transportation
infrastructure provided it is supported by
metropolitan area interests, including the
Association of Metropolitan Municipalities.
If the Legislature approves authority for this
sales taxi overall tax burdens on metropolitan
residents should be studied and existing funding
distributions should not be reduced.
LUEET-4. Wastewater Treatment (A)
The League supports continued state and
federal assistance, and alternative programs,
which provide financing for wastewater
treatment construction projects.
Clean water is vitally important to the citi-
zens of this country and particularly to residents
and visitors of Minnesota. Minnesota's cities
remain committed to improving water quality.
Unfortunately I the costs involved in providing
cleaner water are staggering. Because of the
incredible cost, it is economically impractical to
immediately eliminate wastewater pollution.
Therefore, all levels of government must take a
reasonably balanced approach to solving the
wastewater pollution problem.
The ability of cities to comply with any clean
water program is contingent upon the availability
of adequate funds for treatment facilities. Since
1978, federal grant funding for the wastewater
treatment construction grant program has been
rapidly phased out. The same budget constraints
facing the federal government exist at the state and
local level but to a greater degree due to limited
revenue sources.
1. The League supports federal and state
efforts to establish a stable funding program with
80 percent state/federal funding and 20 percent
Page 37
Land Use, Energy, Environment, and Transportation
local funding. General funding to support this
program is essential I either from s~te bonds or
general revenues.
2. The League supports equalization efforts.
Cities which received fmancial assistance between
1985 and 1987 were required to locally finance
between 30 and 50 percent of construction costs.
Cities receiving grants both before and after this
period I received grants that allowed! local financ-
ing to be no more than 20 percent or the project
costs. The grant recipients that pai4 30 to 50
,
percent should receive a small supp~emental grant
from the state to reduce the local shfiI"e to 20
percent, thus equalizing benefits ~ong communi-
ties. Revenues to finance this equa~zation effort
should not diminish other wastewatbr treatment
financing programs. I
3. The League also supports a.tternatives to
grant programs. Revolving loan fu~ds are accept-
able fmancing alternatives to the ex~nt that grant
programs are not sufficiently funde~ and the loan
program is supplementary to, and n. t a replace-
ment fori grant programs. Smaller ommunities
without sufficient local resources m st be assured
of an appropriate level of grant fina cing in order
to meet effluent standards. Any 10 program
should take into consideration local!financial
capabilities. jl
4. The League supports effo to minimize
preliminary grant and loan review ocesses. The
construction grants and loans shoul. seek to
encourage immediate construction 'fith minimal
prior review by the Minnesota Polh~tion Control
Agency (PCA) and provide reimbu~sement to
communities on the basis of proven I performance
in reducing pollutants in wastewater effluent. The
program should avoid disc OUraging~PriVatization
and innovative treatment methods. he reim-
bursement program should ensure s te financing
within a reasonable period of time, ~ot to exceed
five years. Entry into the reimbur~ment program
should be predicated on financing bfing available
within the five-year period. I
5. The League supports a full legislative
review of water quality permit fees ~nd opposes
the imposition of these fees on locali units of
government to the extent that the actual state's
costs cannot be specifically justified and only
serve as an alternative means for the state to raise
revenue. If fees are determined to be properly
imposed on governmental units, the fees should be
based solely on the cost of actually providing
governmental services to the political subdivision,
and private sector alternatives should be made
available to ensure minimal costs to local
taxpayers.
6. The League opposes efforts by either the
state or federal governments to institute enforce-
ment actions or impose increased fees or charges
against communities for failure to meet effluent
standards while at the same time assigning these
communities a low priority on the needs list for
state and federal funding.
7. The League supports recent PeA efforts to
have agency staff available to communities as
resources for operator assistance, evaluation of
treatment needs, educational or liaison efforts, and
rate-setting assistance. The League particularly
supports the use of neighboring city staff as
additional advisors for communities.
The League requests that the Legislature
provide additional staff and resources to the
agency to continue and expand the community
assistance program.
8. The League also supports the continuation
of efforts on individual wastewater treatment
systems to reduce pollution problems which may
be caused by these systems.
9. The League supports providing incentives
for local plant and infrastructure replacement or
upgrade funds to the extent that the requirements
are achievable by all cities, required of all permit-
tees, and insulated from direct or indirect appro-
priation by the state. Further, there must be
adequate assurances that the existence of infra-
structure replacement reserve funds will not be
used in any way for reducing state financial
assistance or tax relief programs.
LUEET-5. Transit Funding (B)
The League supports legislative action to
provide an adequate and stable source of
Page 38
League of Minnesota Cities Proposed Policies
e
e
e
e
transit funding for city, county, and state
systems. An accessible transit system is an
increasingly vital element of the state's
transportation system. The League encourages
the Legislature to dedicate a portion of MVET
(motor vehicle excise tax) or some other
dedicated revenues for transit purposes. State
funding must be available to match expected
federal funding for transit.
Minnesota's commitment to public modes of
transportation has had goals of: meeting the
mobility needs of our citizens, improving accessi-
bility and efficiency of current transit programs,
and to reduce automobile congestion and overall
energy and environmental concerns.
1. Transit funding should become a higher
priority for the state and MVET or another rev-
enue source of dedicated funding for the existing
level of operation for transit systems with a maxi-
mum local share should be maintained.
2. The League also supports creation of a
separate statewide transit fund for mass transit and
light rail transit (LRT) expenditures. State funding
should be specifically provided for these purposes.
3. The League supports coordination of the
design and construction of LR T by the Minnesota
Department of Transportation (MnDOT).
4. Existing railroad trackage/rights-of-way
petitioned for abandonment should be preserved.
Appropriate government agencies should, through
alternate public use, save this trackage until rail
systems once again become economically feasible
or needed because of energy considerations. Also,
the possibility and feasibility of utilizing existing
railroad trackage as part of a fixed guideway and!
or light rail mass transit system should be studied.
e
e
LUEET-6. Transportation Structure and
Responsibility (B)
1. In order to more adequately represent
the current eligible miles of city streets, the
League supports raising the municipal state aid
system (MSAS) limit to 3,000 miles.
Existing law limits MSAS mileage to 2,500;
total mileage currently in the system is approxi-
mately 2,300. This mileage increase for the
system is necessary to accommodate cities reach-
ing the eligible 5,000 population threshold and
mileage being added by currently eligible cities.
In addition, the population factor of the
municipal state aid system should be changed to
reflect annual population updates based on esti-
mates from the state demographer or Metropolitan
Council, rather than reliance on federal or special
census counts.
2. Existing mechanism for transferring
jurisdiction of roads should be changed,
including increasing the level of funding in the
municipal turnback account, and prohibiting
unilateral revocations or turn backs of roads
which have not been brought up to normal
maintenance standards before the effective date
of the revocation.
(Reclassifying many roadways in the state by
appropriate use classification and jurisdiction has
been studied and proposed as an alternative to
increased state funding for state roads.)
The increased cost for cities to assume re-
sponsibility for general maintenance and life-cycle
treatment greatly exceeds the current financial
capacities of cities. Rather than saving money,
turnbacks merely make the property taxpayer--
rather than the users--responsible for financing
highways. For these reasons, no wholesale pro-
gram of highway turn backs should be instituted at
this time.
The League also recommends the following
changes to help facilitate turnbacks:
a) State aid rules should be changed to allow
counties to upgrade county state aid highways
using county state aid highway funds prior to
turnback when cities concur and without penalty
(as under current rules); and
b) The League supports allowing cities to
determine if a turn back road will be designated as
a state-aid road or local street. If the city chooses
to designate the road as a state-aid road, this
designation should not affect the standard designa-
tion process I so that developing cities will be able
to continue to designate a percentage of new road
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
metropolitan state construction 1istricts, 5 and
9, in 1989-90, the League supports legislation
which continues the previous meJropolitan
membership on MnDOT commi~tees to ensure
that adequate statewide representation
continues.
By law the MSA Screening Committee
consists of one member from each nighway dis-
trict and from each first class city. jThe unintended
effect of combining the metropoli~ districts
reduces metropolitan representatio~ on this body.
4. The League opposes state ~egislation
allowing longer truck tractor an~ trailer
combinations on Minnesota high~ays.
Increased needs for accelerati~n distance
needs I off tracking of rear wheels, and additional
requirements for safe passing are all likely to
exceed the physical limits and safety needs of our
current system.
I
I
LUEET-7. Water Conserva~ion and
Preservation (B) I
The League supports state apd federal
financial assistance for storm water treatment
I
and legislation establishing a fra~ework and
providing incentives for local go~ernments to
adopt programs or plans aimed at conserving
Minnesota's ground and surface !waters.
In order to safeguard the publtC health and
the environment it is necessary to qonserve and
preserve our water resources as a vWuable state
resource. Many watershed district.$, counties,
cities I and towns have done a goodljob of dealing
with surface and groundwater man~gement issues
and have the authority and ability tb continue to do
so in a cost-effective manner. The$e existing
mechanisms should continue to be ~sed to the
greatest extent possible to address furface and
groundwater management problems, instead of
establishing a new system or creatihg new organi-
,
zations. '
The League suppOrl~ as a basi~ principle that
no one has the right to pollute eith~r ground or
surface water resources. A reasonable relationship
of economic and social costs and benefits should
be a precondition toward achieving a goal of non-
degradation or treatment resulting in clean water.
The ability of cities to meet goals must be recog-
nized as contingent upon the availability of ad-
equate funding, including state assistance. These
principles should apply to both the protection of
our drinking water supplies and the operation of
municipal services.
Because water issues affect many state
agencies and come under the jurisdiction of nu-
merous legislative committees, policy making in
the area of water resources has been somewhat
fragmented and confused. The League, therefore I
supported the creation of a Legislative Commis-
sion on Water by the 1989 Legislature.
Local units of government should retain the
basic responsibility for surface water management,
as they are the level of government closest to the
problem. In 1982, legislation required local
governments in the metropolitan area to adopt
surface water run off controls and regulations. In
1985, legislation encouraged similar steps to be
taken in the non-metropolitan area of the state.
Further, state financial assistance will be necessary
to translate these plans into effective management
programs.
Legislation passed in 1987 creating the clean
water partnership will provide financial and
technical assistance to local governments. These
statutes should be given sufficient time to work,
before additional programs or extensive changes to
existing programs are enacted by the Legislature.
The possibility of intergovernmental conflict
should be studied and dispute resolution mecha-
nism should be re-evaluated.
The Legislature should provide additional
funds to further encourage cities and other local
governments to undertake water planning, clean
up, prevention, and management activities. Spe-
cifically, additional state funds are necessary to
finance mandated programs such as well sealing I
removal of underground storage tanks, and clean
up of contaminated water supplies. Special levies
should also be made available to fund water
management projects.
e
e
e
Page 40
League of Minnesota Cities Proposed Policies
e
e
.
.
e
LUEET-8. Zoning, Subdivision, and
Planning Statutes (B)
The League supports the existing planning
enabling statutes and opposes changes that
would restrict cities' current substantive and
procedural flexibility to address unique
circumstances.
Minnesota's zoning I planning I and subdivi-
sion statutes and regulations are essential to
promoting economic development, preserving
environmental resources, and ensuring the effi-
cient delivery of public services. The Governor's
Advisory Council on State-Local Relations re-
cently conducted a thorough review of the state's
planning and zoning laws. The League partici-
pated in this study. A subcommittee of local
elected officials was formed to review the recom-
mendations developed by a technical committee
composed of planning officials from townships,
cities, counties, regional development commis-'
sions, and the state. Those recommendations have
been collected in a report on land use legislation I
and draft legislation has been prepared.
In general, the League supports those sections
of the proposed legislation that preserve or provide
flexibility for cities to plan and regulate land uses,
and opposes those sections that limit a city's
ability to tailot.procedures and controls to meet
local needs.
Specifically I the League supports the follow-
comprehensive plan, and financial assistance
should be made available.
3. The Legislature should authorize cities to
use impact fees and other development-related
fees to partially offset the public costs that are
associated with development.
The League sf,rongly opposes the following.
1. The state should not mandate administra-
tive procedures and roles of elected and appointed
officials which eliminate or diminish the decision-
making authority and flexibility municipal offi-
cials need, and now have, under the current en-
abling law.
2. The League opposes requiring the creation
of a separate planning commission or board of
adjustment. These requirements would unneces-
sarily limit the authority of a city to establish a
structure that meets its unique situation. In addi-
tion, smaller communities may find it difficult to
recruit board members. At the very least, an
intermediate appeal from the board of adjustment
to the council should be allowed by ordinance.
3. The League is opposed to prohibiting the
practice of conditional zoning. Cities should be
authorized to use conditional zoning at the discre-
tion of the local government.
4. The League opposes requiring that zoning
controls be rigidly consistent with the comprehen-
sive plan. The courts have used inconsistencies
between the plan and ordinances that almost
inevitably result to compel rezonings. As a result,
1. The Legislature should change the re- the Legislature clarified that zoning ordinances
quirement of undue hardship to a more reasonable will control in situations where uses in the two
standard, which would loosen the current standard documents are not consistent. This has greatly
to reflect common practice in granting variances. solved the problem and should not be unnecessar-
2. The League supports requiring the adop- ily modified.
tionof a comprehensive plan in order to have 5. The League disagrees with the fringe area
zoning or other land use controls as long as the growth proposal. This proposal would allow any
comprehensive plan is merely a statement of goals, single local government unit to force the creation
objectives I and policies I and present and proposed of a joint advisory board to review existing con-
land use maps. Recent cases have called into troIs that govern land within a quarter mile of the
question the common practice of passing ordi- city's boundaries and existing controls that govern
nances without a supporting comprehensive plan. land within two miles outside the city limits. Any
Metropolitan cities have had this requirement for two or three local governments could force the
several years; and should continue to be covered creation of a joint planning board which would
by the metropolitan land planning act. Cities serve as a joint planning commission for the
should have a five-year grace period to adopt a designated area. Board recommendations would
Land Use, Energy, Environment, and Transportation Page 41
ing.
have to be acted on within 45 days by the govern-
ing units represented on the board. i
The joint board should not ha~e any advisory
or other authority within the city boundaries since
the purpose of the board is to evaluate existing
controls and make recommendations on controls
necessary to properly manage fringe area growth.
6. The Department of Naturall Resources has
recently adopted amendments to th~ state's
shoreland regulations. These rule amendments
will necessitate the modification of all local
shoreland ordinances. While experience with the
current state regulations has demonstrated the need
for revisions in order to effectuate state policy
regarding the use of shoreland areas, the state must
provide technical and funding assiStance to cities
and other local units of governmen~ in modifying
local plans. Funding assistance sh~uld not be
based solely on miles of shoreland Iwithin a juris-
diction but should also reflect the greater develop-
ment pressures in cities.
LUEET-9. Energy Conserva:tion (C)
The League supports legislation providing
incentives for energy conservati~n in both the
public and private sectors. I
Overall energy conservation Jtrategies in-
I
volving the public, private I comm~rcial, and
industrial sectors are being develo~d based on the
rationale that conservation efforts ~chieve the
greatest energy savings at the low~st cost Many
of these efforts are receiving valualble assistance
from the state. '
The League believes that a city's individual
energy conservation strategy can ~ accomplished
if the Legislature permits or establ~shes some of
the following measures. :
1. Conservation efforts. Th~ League recom-
mends support of the use of bondihg and special
levies by local governments for iJrtplementation of
energy conservation measures, in~luding building
energy audits. This authority WOUld supplement
the current municipal energy loan I program. The
Legislature should also continue t~ encourage
private sector conservation througr tax credits and
other incentives and should explo~e the possibility
of expanding incentives for earth-~heltered, solari
super-insulated, and underground development.
2. District heating and cooling. The League
supports efforts to promote statewide applications
of district heating and cooling technology includ-
ing: providing additional funds or the ability to
special levy for conducting district heating and
cooling feasibility studies at the community level;
ensuring consideration of district heating and
cooling potential in the power plant siting process;
and continuing use of the state district heating
bond program for renovation of existing district
heating and cooling systems.
3. Energy assistance. Rising energy costs
will continue to place a burden on the economic
vitality of communities in Minnesota. The League
recommends:
a) Continuation of the fuel assistance pro-
gram for low-income households, with expanded
services to train recipients in energy conservation
practices and with a requirement of recipient
participation in weatherization programs if the
recipient is the owner;
b) Support for weatherization programs
operated through cities, counties, and community
action program agencies;
c) Continued support for the Minnesota
Housing and Finance Agency's loan and grant
program for home weatherization.
4. Local regulatory authority. Local govern-
ments are in the best position to assess local needs
and regulate energy consumption within their
communities. The League recommends giving
any municipality the option to adopt and enforce
an energy code that may be more stringent than
the state building code for purposes of energy
conservation.
e
e
LUEET-IO. Environmental Trust Fund
(C)
The voters have approved a constitutional
amendment for the creation of an
environmental trust fund, and the Legislature
should act promptly to include as eligible
programs wastewater treatment facilities,
superfund cleanup actions, and solid waste
disposal facilities, except the siting of new
incinerators.
.
.
e
Page 42
League of Minnesota Cities Proposed Policies
e
The 1988 Legislature concluded that all
Minnesotans share the responsibility to ensure
wise stewardship of the state's environment and
natural resources for the benefit of current citizens
and future generations I and that the proper man-
agement of the state's environment and natural
resources requires foresight, planning I and long-
term activities that allow the state to preserve its
high quality environment and provide for wise use
of its natural resources. In order to provide a
long-term, consistent, and stable source of fund-
ing, the Legislature asked Minnesota's citizens to
approve the creation of a constitutionally dedi-
cated environment and natural resources trust fund
financed by one-half of the state lottery (with
voter approval) and other state appropriations.
The ballot indicated that the environmental trust
fund "will be used for air, water, land I fish, wild-
life, and other natural resources." The voters
approved the measure overwhelmingly.
Although the fund is constitutionally created,
the eligibility of programs and projects for funding
is set by statute. Current law provides that the
following programs or projects are eligible for
financing from the trust fund:
· RIM (Reinvest in Minnesota), a program
encouraging the use of marginal agricultural
land as wildlife habitat;
· Research projects;
· Data collection;
· Public education programs;
· Capital projects preserving or protecting
unique resources; and
· Activities that preserve or enhance wildlife,
fish, and other natural resources that
otherwise may be substantially impaired or
destroyed in any area of the state.
e
e
Projects or programs specifically excluded
from eligibility include:
· Superfund cleanup actions;
· Wastewater treatment projects; and
. Solid waste disposal facilities (incinerators,
landfills, etc.)
The legislation does provide that if the
principal of the trust fund reaches or exceeds $200
million, up to five percent of the fund ($1O mil-
lion) may be used to provide cities with below
market rate interest loans for water system im-
provements.
Every one of the environmental protection
programs identified as ineligible to receive trust
funds have estimated needs of tens and hundreds
of millions of dollars. The need to allocate gov-
ernmental resources to ensure adequate and clean
water for drinking, recreation, and commercial use
should be one of Minnesota' s highest priorities.
The efficient management of solid waste is also an
immediate and demonstrated need. Yet these
programs are ineligible for trust fund fmancing.
A trust fund may indeed be needed. But the
Legislature should act to ensure that an environ-
ment and natural resources trust fund not ignore
current serious and expensive environmental
problems. A balance between short- and long-
term environment and natural resources needs
should and can be established. The state should
adequately finance current programs designed to
provide this and future generations with a quality
environment and abundant natural resources, and
increasing the types of programs eligible for
funding from the trust fund is one way for the state
to meet its obligations.
Page 43
Land Use, Energy, Environment, and Transportation
Proposed Policies
Revenue Sources
RS-l. Property Thx Reform and State
Aid to Cities (A)
Over the past several years, niassive changes
have been enacted in our property tax structure.
These changes have made cities' primary sources
of revenue-the property tax and state aid-
extremely unstable and unpredicta~le.
In 1990 alone, the state shiftdd $84 million of
state aid, that had been targeted tolcitiesl to school
districts and then retroactively cutl$15.6 million of
the remaining amount of aid. Further cuts in city
aids total $38 million in 1991 andi$42 million in
1992. These cuts in city local government aid
(LOA) and homestead and agricultural credit aid
(HACA), along with a ratcheting down of levy
limits, are straining city budgets apd making the
delivery of essential services difficult for many
cities. I
In enacting changes in Minn~sota's property
I
tax system, the League recomme~ds the following:
1. Local government aid (Ij,GA), or an
equivalent program of sharing ~evenues
collected on a statewide basis with cities, should
. . '
remam an essential component pf the property
tax system. :
The League opposes further ~uts in LOA or
HACA and further transfers of ai~ to school
districts or counties. Such aid cutS and transfers
would increase disparities in tax ~urdens between
taxing jurisdictions I affect cities' abilities to
compete fairly for residents and economic devel-
opment, and threaten the deliveryl of essential city
services.
Cities, just like schools and founties, deliver
basic, essential services and need I financial assis-
tance from the state to deliver thqse services.
2. The LGA formula should reflect a city's
essential needs. .
The League recognizes the ~roblems caused
by low property tax capacity and !recommends that
the LOA formula address those problems. Many
cities are also confronted by problems which
create higher revenue needs. The League supports
continued efforts to develop an accurate definition
of the various revenue needs of different cities for
use along with tax capacity in a new city aid
formula. Only by addressing both sides of the
revenue and expenditure equation-capacity and
need-can a balanced state aid formula be de-
signed.
3. The League supports the 1991 creation
of the local government trust fund (LGTF),
which receives the revenues from 1 1/2 cents of
the state sales tax and motor vehicle excise tax
(MVET) plus the 1/2 cent local option sales tax
and MVET. The total of 2 cents should be used
only for the programs, currently listed in
statute for payment from the fund, or
equivalent programs such as a new city aid
formula. The availability of sales taxlMVET
revenue growth for local aids should not be
eroded by the addition of new programs to be
paid out of the LGTF. As a result, city aid
from the LGTF should grow annually at the
same rate as sales tax/MVET revenues.
The adoption of the LOTF holds promise of
necessary stability and growth for city frnances
and property taxpayers. This major reform of the
statellocal fiscal relationship will have meaning
only if the integrity of the fund is maintained by
keeping the two cent rate and not adding new
programs to be paid out of the trust fund. If this is
done, city aid from the LGTF will grow annually
at the same rate as sales taxlMVET revenues,
keeping pace with population growth and infla-
tion.
4. The League supports elimination of
income maintenance payments from the
distribution from the local government trust
fund, while keeping the sales tax revenues going
Page 44
League of Minnesota Cities Proposed Policies
e
e
It
e
to the trust fund at 2 cents. If necessary, the
income maintenance payments could be
replaced for payment from the trust fund by
some other property tax relief program
presently paid from the state general fund.
The 1991 law which established the local
government trust fund provided for $35 million
per year of income maintenance ( 11M) payments
to be made from the trust fund. The inclusion of
11M in the payments from the trust fund creates a
potential for larger future 11M payments which
would effectively "raid" the trust fund to help the
state general fund, thereby reducing the revenue
available for property tax relief aids and destroy-
ing the integrity and stability of the trust fund.
It is recognized that the $35 million 11M
payment was originally included to raise the trust
fund share of the sales tax from 1.9 cents to a
round 2 cents, which the League favors as a
protection against future changes in the trust fund
share. Therefore, to maintain the 2 cents without
damaging the state general fund, it may be neces-
sary to replace 11M payments with some other
property tax relief aid payment from the trust
fund. Any such replacement should involve the
total cost of the program. An example of an
acceptable program is the homeowner circuit
breaker.
5. The League opposes payment of
additional HACA for property class rates
reductions from the LGTF beyond those rate
reductions already in law through taxes
payable in 1994.
Extensive use of HACA payments for addi-
tional class rate reductions could consume most of
the growth of the LGTF. This would leave little
growth for basic city aids and cause instability for
city finances and for property taxpayers. Cities
would be forced to adopt excessive percent in-
creases in net levies to fund inflationary budget
increases.
6. The League supports an irrevocable
dedication of 2 cents of the sales tax and motor
vehicle excise tax (MVET) to the trust fund.
This includes support of constitutional
dedication if statutory dedication can not be
assured.
.
e
~.
,
.
e
The trust fund should only be used for the
property tax relief programs currently paid from
the fundi so that property tax relief is not eroded
by the payment of new programs from the fund.
Some form of dedication is necessary to ensure a
stable and growing source of revenue for property
tax relief and to end the vulnerability of further aid
cuts.
7. The League supports repeal of the
section of the 1991 tax law which requires the
statement on all bond referendum and levy
increase referendum ballots "by voting yes on
this ballot question, you are voting for a
property tax increase."
The required statement is unnecessary, since
other existing law provisions require that the levy
ballot question state the amount of the proposed
additional levy I and voters know the tax effect of
issuing general obligation bonds. The statement is
also an unwarranted intrusion into local affairs I
and it may in some circumstances be untrue.
Combined with the other required ballot informa-
tion, the additional statement tends to present the
issue to voters in a non-neutral manner.
8. The League supports repeal of the 1991
tax law which requires that all municipal
referendum levies be applied to the "estimated
market value" of all affected properties.
This law makes an inappropriate distinction
between capital expenditures and operating expen-
ditures. Both are components of total city spend-
ing and should impact taxpayers comparably. In
addition, if the Legislature wants tax burdens
adjusted, changes should be made in the classifica-
tion system, rather than through the tax base.
Inconsistent taxing systems are not justifiable to
the local taxpayers.
RS-2. Elimination of Levy Limits (A)
The League supports the Legislature's
commitment to repeal city levy limits for taxes
payable in 1993. Removal of levy limits will
enhance local accountability and allow cities to
plan for and respond to changing financial
conditions and the increasing costs of state and
federal mandates. Levy limits have been
Revenue Sources
Page 45
inconsistent with the principles of local self-
government and accountability~
For the last four years, cities have had to cope
both with mid-year cuts in state 'd and levy limits
that are below the inflation rate aqd below the
growth experienced in their popul~tions and
households. In addition I levy limits have been
particularly severe in light of the msing costs of
I
state mandates, such as comparable worth, work-
ers' compensation I binding arbitr~tion, the presi-
dential primary I shoreland managfment, and solid
waste regulations. i
I
RS-3. City Fund Balances ~B)
The Legislature should not ~ttempt to
control or restrict city fund bal~nces. These
funds are necessary to maintainl the fiscal
viability of city governments, tolpurchase
capital goods and infrastructure, and to
maintain high-level bond ratings.
There are several reasons why cities must
carry adequate cash balances. Fir$t, cities need
substantial funds at the beginning lof their fiscal
year to finance expenditures for t~e first six
months of the year. (By statute I a pity's fiscal year
is on a calendar year basis I runnin$ from January 1
through December 31.) The mainl sources of city
revenue are property taxes and sta~ aid; property
tax payments are not made to citi~s until June and
state aid is not provided until late ~uly-six to
seven months into the city fiscal ~ear. Without the
necessary cash balance at the begi~ning of the year
cities do not have funds to operat~ for the first half
of the fiscal year. The alternative !would be for the
city to engage in costly borrowin~ which is not in
the interest of local taxpayers or ~e state. The
Office of the State Auditor has reqommended that,
to be prudent, cities should at leas~ carry an end-
of-the-year dedicated cash balanc~ sufficient to
fund city expenditures for the firs~ half of the year.
Second, many cities, in orde~ to save taxpayer
dollars and avoid paying costly interest on debt,
accumulate funds for major capital purchases and
infrastructure. A common example is accumulat-
ing revenues over a period of yeat~ to purchase an
expensive fire engine or public wQrks vehicle. In
some cities, it may appear as if a city has a large
fund balance compared to its annual expenditures,
but in reality it is "saving" for a major purchase.
Confusion over this practice has led cities to more
prudently "designate" their fund balances to
clarify the intended future use of these funds.
Because of the vast differences in the size of
the 855 cities of Minnesota and the various local
preferences in financing purchases, it would be
bad public policy for the Legislature to restrict or
eliminate cities' abilities to accumulate fund
balances.
Third, cities need to maintain some fund
balance to meet emergency or unanticipated
expenditures created by situations such as natural
disasters, lawsuits, and premature breakdown of
vital equipment. Cities are not given the necessary
revenue raising authority to be able to address
these issues during their budget year.
And finally I bond rating firms require liquid-
ity and a demonstrated ability to pay debt in order
to receive a favorable bond rating. Bond rating
firms scrutinize city fund balances when rating
bonds. The better the bond rating of a city, the
lower the interest costs of borrowing are to the
taxpayer.
e
.
e
RS-4. Penalties and Interest on
Delinquent Property Taxes (B)
Cities should receive their proportionate
share of revenues from penalties and interest
collected on delinquent property taxes. These
revenues should not be deducted from state aid
payments.
Under current law, only counties and school
districts receive penalty and interest payments on
delinquent property taxes. Cities only receive
penalties and interest for their special assessments.
When a property taxpayer is delinquent in
paying real estate taxes, cities-just like counties
and school districts-suffer a loss of expected
revenue and the loss of the current value of these
taxes. Delayed tax payments may cause a city to
reduce services or spend down reserves. Current
law apportions one-half of penalty and interest
payments to counties and one-half to school
districts. Counties are able to use this revenue
without restrictions; it is treated as "other income."
<-
.
e
Page 46
League of Minnesota Cities Proposed Policies
e
Cities should have an equal opportunity to have
revenues restored by being eligible to receive the
penalties and interest on their share of delinquent
property taxes.
e
RS-5. Service Fees for Government-
Owned Property (B)
The Legislature should establish a program
for reimbursing municipalities for services to
state and regional facilities. The program
should (1) ensure that state and regional
agencies pay for services that benefit their
property and (2) allow cities to receive
compensation for services that are funded
through general revenue, such as police and
fire, which are valuable to state and regional
agencies. Any such fee-for-service program
should not be funded through the local
government trust fund.
The State of Minnesota owns a significant
amount of property within cities in the state. Cities
provide a range of services that benefit these
properties. However, since the state is exempt
from paying property taxes, municipalities are not
reimbursed for the cost of these services. This
places an unreasonable burden on cities.
The State of Wisconsin established a program
called "Payment for Municipal Services" in 1973.
The program provides a mechanism for munici-
palities to be reimbursed by the state for services
they provide to state-owned properties. Through a
formula based on the value of state-owned build-
ings within a city, the Wisconsin system reim-
burses cities for police I fire, and solid waste
services.
e
RS-6. State Administrative Costs (B)
The League opposes deducting state
administrative costs from funds appropriated
for property tax relief.
The League believes that all state government
expenses should be subject to the standard appro-
priation review process and be funded directly by
specific state appropriation, not by blanket deduc-
tions from property tax relief programs.
Where a state agency is required to recover
costs through a state charge-back for services to
local units, the state should hold administrative
hearings to justify the charges on the basis of the
services provided to the individual local units of
government.
Currently, local government aid (LOA)
provides financing for administrative costs for:
the Office of the State Auditor, the Department of
Administration (IISAC), the State Demographer,
and the Department of Employee Relations.
For fiscal years 1990 and 1991, payments to
these state agencies totaled nearly $1,000,000--
paid for by state funds provided for distribution
through the LOA formula.
In addition, LOA funds, distributed primarily
to cities, have been used to finance operations by
the state auditor and Department of Administration
which do not relate solely to cities, but to all local
governments I including counties, school districts,
and townships. The League believes it is wholly
inappropriate and unfair to tap city funds for
programs which relate to all units of local govern-
ment. Only funding which the requesting state
agencies can prove is connected to property tax
relief should be provided, and the reduction should
be made from the total revenues of the local
government trust fund.
RS-7. laxation Hearing and Notification
Law "Truth in laxation" (B)
The League supports improvements in the
taxation hearing law "truth in taxation"
designed to make the process more valuable for
property taxpayers and workable for cities and
other local units of government. The first
change should be in the title of the process.
Truth in taxation is a misleading title for these
hearing requirements; the process should be
renamed "taxation hearing and notification
law." The League believes that the state
government should be required to follow
similar requirements for public hearings and
notification processes on tax and budget issues.
The League urges the Legislature to follow the
Revenue Sources
Page 47
current timeline for use of parcel-specific
notices.
1. The title of the requirement should be
changed to the "taxation hearing and notification
law." The current title infers that there was and
would be a lack of accuracy and accountability
without this process. In addition, the calculations
used in the process are frequently misleading and
confusing, and challenge the "tru~fulness" and
accuracy of the information provi~ed.
2. The requirement for parcel-specific
notices should continue to be required in all
counties. Use of notices which provide the tax on
an individual parcel of property is the best method
to show the precise impact of levy land budget
decisions. i
3. Local governments should be allowed to
amend the levy that they preliminarily propose to
the county auditor on September It In addition,
the process should continue to apply only to a
local unit's property tax levy, not its total budget.
Many cities will have a difficult time realistically
assessing their budget needs to be fble to certify a
proposed levy and budget by SePt~mber I--far in
advance of the beginning of the cit ' s budget year.
This early date, combined with the restriction that
prevents the city's final levy from exceeding its
preliminary estimate, does work against respon-
sible budgeting and forces cities to! overestimate
their budget needs in order to avoif potential
revenue shortfalls. i
4. As a state mandate, the CO&ts of this
requirement should be fully funde4 by the state.
The appropriation made for the prQcess for Pay
1991 taxes has not been renewed. Fities must now
find additional funds to finance thiS state-man-
,
dated process from their tight or slW.nking local
budgets.
5. Since the notices are sent tb each property
owner and the notice must be post~d within each
apartment building, the newspaper'l' advertisement
requirement should be eliminated. ,Citizens are
effectively notified of the hearingsland proposed
levies through the mailed notice. the costs of
publishing either a one-quarter or qne-eighth page
!
advertisement consume tax dollars which could be
better spent on city services for taxpayers.
6. The League opposes the use of misleading
calculations on the notices or on the actual prop-
erty tax statement. Statistics such as the weighted
average used on the generic notice for Pay 1992
taxes or the homestead credit calculation on the
final property tax statement are deceptive to
taxpayers. The method for calculating the pro-
posed tax increases and accurate "homestead
credit" amounts should reflect as accurately as
possible the actual year-to-year changes occurring
in tax bills and state aid amounts.
7. The League opposes the 1991 "interpreta-
tion" by the Department of Revenue which
changed the generic notice from gross to net
levies. Administrative decisions on programs such
as these taxation notices should include input from
local governments similar to the rule-making
process for other state agencies. The 1991 change
only served to further confuse taxpayers and to
provide an incomplete understanding of the inter-
action of cuts in state aid and the resulting impact
on local property tax levies.
e
e
(;'
RS-8. License Fees (C)
The Legislature should repeal all
maximum fee provisions relating to off-sale
liquor, on-sale wine, bottle club, and Sunday
liquor licenses, and allow cities to decide locally
the appropriate fee to charge for such licenses.
With few exceptions, the statutes granting
authority to issue licenses or permits do not
specify maximum fees. Cities should have the
discretion to set fees based on their own costs,
needs, and standards. Case law provides ample
limitations on cities' power to set license fees by
requiring that revenues produced must be related
to the cost of issuing the license and regulating the
licensed business.
It is inappropriate for the Legislature to set
maximum fees for off-sale liquor, on-sale wine,
bottle club, and Sunday liquor license fees. Cities
have acted responsibly in setting on-sale liquor
license fees. It makes no sense to grant them that
."
It
Page 48
League of Minnesota Cities Proposed Policies
e
e
e
.
power but deny them the power to set fees for off-
sale liquor, on-sale wine, bottle club I and Sunday
liquor licenses. There is no evidence to show that
lifting the statutory cap would lead to unjustified
fee increases. Some reasonable increases in off-
sale license fees could be expected--the statutory
maximum fee has not been increased in over 30
years.
RS-9. Sales Ratio Issues (C)
The League urges the Legislature to
require that appraisals be used, rather than a
countywide average, for determining the sales
ratio in small communities where few property
sales occur.
Various state formulas consider property tax
base valuation in distributing aid. Sales ratios are
calculated for each jurisdiction by comparing
actual selling prices of properties to the estimated
market value assigned by the assessor. These sales
ratios are used to equalize assessed values so that
all local governments are treated fairly and not
rewarded or punished based on their assessment
practices.
Sales ratios are thus important determinants
of the level of state aid received by a community.
Yet, in small communities, there are often not
enough sales in a given class of property to permit
an accurate determination of a sales ratio. In these
cases, a countywide average is applied. The
county average, however, may be overly influ-
enced by sales in a larger regional center and thus
may not accurately reflect the experience of
smaller cities.
.
.
RS-IO. State Audits and City Financial
Reporting Requirements (C)
The League supports continuation of the
existing auditing and financial reporting
requirements for cities. Study of changes or
additions in these reporting requirements
should carefully weigh the validity of the
information needs. In light of the local
accounting study ordered by the Legislative
Commission on Planning and Fiscal Policy, the
Legislature should be certain that any
reporting changes do not mandate increased
costs to local governments. In addition, the
League does not believe that it is appropriate
for cities under 2,500 to be required to follow
more rigorous accounting requirements than
presently exist or be required to have annual
audits.
In addition, the state auditor should not be
given the power or responsibility to audit local
governments or their instrumentalities. The
private sector is fully competent to conduct gov-
ernmental audits and may be more economical and
practical than a state agency.
The League supports the existing require-
ments that copies of local audits be sent to the
state auditor on a regular basis.
Minnesota has one of the most modem and
rigorous systems of oversight of municipal fi-
nances in the nation. The state auditor currently
reviews annual financial reports of all cities.
Cities over 2,500 must have annual audits and the
state auditor has the authority to audit a city upon
receipt of a petition.
Revenue Sources
Page 49
Proposed Policies
Federal Legislative
FL-l. Single Family Mortgage Bonds
The League urges Congress to extend
cities' authority to issue single-fa~ly mortgage
revenue bonds and to oppose recapture
restrictions. The League also supports
proposals to enable cities to expand their efforts
to provide below market-rate home mortgages
for second and third-time homebUI yers in inner
city neighborhoods. !
Cities' authority to issue mort~age revenue
bonds (MRBs) should be extended Ito support
redevelopment and to provide affo~dable housing.
The League supports reasonable in~ome eligibility
requirements in order to target MR13s to areas
where 50 percent or more of the f~milies have
incomes of 80 percent or less of th4 statewide
median as well as to areas of sever4 economic
distress. i
Previous congressional propo~als to restrict
the availability of MRBs have req9ired recapture
of a portion of the interest subsidy received if the
,
home is sold within five years. Refapture provi-
sions and effective dates of propos~d restrictions
would impose strict tax liability onl bond issuers
and add unreasonable costs for qU1ified
homebuyers at a time when cities e struggling to
make affordable housing available Effective
dates for recapture provisions and <Ilisclosure
requirements for bond issuers with I outstanding
MRBs would seriously hamper bopd sales after
the effective date for imposition o~restrictions,
resulting in a loss of financing for ~ousing needs.
City officials view the prognujn as a means to
provide homeownership opportunities to buyers
with limited incomes while encour~ging flexibility
in housing purchases as family co~ditions change.
At the same time, the program giv4s families a
means of building home equity, a ~ource of neigh-
borhood and community strength *d stability.
Efforts should be made to peqnit greater
flexibility in the use of allocations lof mortgage
Page 50
e
revenue bonds for programs in targeted areas.
Under existing law, the frrst-time home buyer
requirement is waived in census tracts where 70
percent or more of families have incomes of 80
percent or less of the statewide median. This
should be broadened to permit bond issuers to
elect to waive the frrst-time homebuyer require-
ments in census tracts in which 50 percent or more
of the families have incomes of 90 percent or less
of median.
This proposal would aid cities in meeting
housing needs in transitional neighborhoods and
would be an important tool to encourage neighbor-
hood stability where conditions suggest increased
likelihood of property conversion to rental use or
abandonment.
"
FL-2. Homelessness/Housing Issues
The League of Minnesota Cities supports
full funding of federal assistance programs for
emergency, long-term assistance and preventive
measures to aid cities to meet the needs of
homeless families and individuals. The League
also urges Congress to strengthen federalllocal
partnerships in providing affordable housing at
the local level to reduce risks of homelessness.
Reauthorization of the Steward B. McKinney
homeless assistance act in 1990 is encouraging in
view of federal action restoring previous budget
cuts in homeless assistance programs. Restoration
of funding levels for emergency shelter grants, and
Section 8 and SRO rehabilitation programs have
been important in supporting local efforts to
provide housing services. Demonstration support-
ive housing programs and supplemental assistance,
along with health care and mental health block
grants, emergency food and shelter, and emer-
gency service grants should continue to be funded.
Long-term federal assistance to the homeless
should include a firm commitment to finance low-
income housing programs to permit new construc-
e
.#
e
League of Minnesota Cities Proposed Policies
e
tion as well as rehabilitation and access to loan
financing through the Farmers Home Administra-
tion housing loan programs as well as other federal
elderly and handicapped housing assistance for
those in poverty.
Measures to promote maintenance and reha-
bilitation of low-income housing for families and
individuals are also important strategies to reduce
homelessness. Programs are needed to make such
housing available in rural areas as well. Tax
incentives for construction and rehabilitation of
low-income housing must be continued and
strengthened to make it possible for cities to
respond to such housing needs.
The lack of adequate community mental
health services aggravates the increase in the
number of persons who are homeless. The needs
of vulnerable individuals remain a major concern
for local officials. The federal government must
work with states and cities to improve eligibility
for health care, long-term transitional housing,
food stamps, and other federally subsidized ben-
efits to assist such individuals.
.
e
~
.
FL-3. HOME Investment Partnership
The League strongly supports full funding
of the HOME investment partnership program
to provide housing block grants to cities and
states to develop and rehabilitate affordable
housing units.
City officials are eager to take advantage of
increased flexibility to address local needs through
this program. It is also equally important for
Congress to identify new revenues for this pro-
gram and maintain funding for on-going federal
housing assistance and community development
programs, particularly for community block grants
and public housing operating assistance and
modernization.
Congress needs to address remaining con-
cerns over local match requirements. The League
supports a relaxation of those requirements for
FY'92. In future years, efforts should be made to
provide greater flexibility in any local match
requirements. Congress should also make it clear
.
e
that local tax-exempt financing may be used to
meet match requirements.
Eligibility thresholds for direct entitlements
limit the number of cities that can benefit from
allocation of HOME funds in Minnesota. It is
important to maintain at least a $2 billion level of
funding for the program in order to provide more
cities with direct assistance. Reducing the thresh-
old allocation needed for additional cities to
qualify for direct funding would make such assis-
tance available to cities that currently receive
direct CDBG entitlements.
FL-4. HOPE - Home Ownership and
Opportunity for People Everywhere
The League does not support the proposed
HOPE homeownership program because it is
not well designed to help public housing tenants
to afford the cost of purchasing and
maintaining their own homes.
More care must be exercised to assure that
the needs of such households are fully recognized
to assure that they will be able to afford mortgage
payments and expenses and to increase the oppor-
tunity for them to improve their economic status.
HOPE must not be used as a means of selling
off public housing units to reduce the inventory of
properties which the federal government has a
direct responsibility to maintain. The federal
government must help cities assure that an ad-
equate supply of public housing is available for
low-income households. Public housing tenants
able to afford a limited down payment for afford-
able housing in the community can be aided to
purchase such units without risking the loss of
public housing needed for those who cannot afford
housing available in the private market.
City officials support federal policy to en-
courage the development of homeownership
programs for public housing residents. It is
important that such legislation establish realistic
income thresholds and provide the funding neces-
sary to help cities to coordinate the necessary
mortgage financing and access to services needed
to make it possible for families to purchase and
maintain market-rate housing.
Federal Legislative
Page 51
FL-5. Incentives to Preserve Affordable
Rental Housing I
The League encourages Coqgress to
maintain funding for programs that prevent
mortgage prepayments or expiring contracts to
result in buyouts that reduce th~ availability of
subsidized rental housing for lo",-income
households. I
Financing for building ownerf and tenant
subsidies, along with incentives to lowners to
maintain affordable rental units, w~ll allow low-
income units to be retained in the qommunity and
provide a mix of housing for city residents. Con-
tinued financial incentives will be necessary to
encourage developers to help pre~rve federally
subsidized affordable housing unilf.
FL-6. Removal of Regulatoiy Barriers
The League opposes recom~endations by
the HUD Advisory Commission ~n Regulatory
Barriers to Affordable Housing ~o withhold
federal housing assistance from ~ities which do
,
not ease local housing code and ~oning
requirements. ~:
City officials are alarmed by ecommenda-
tions that would preempt local hou ing and zoning
ordinances and regulations. Cong~ss should not
authorize the Department of Hous*g and Urban
Development to enforce standards ~at would
impel cities to take such actions u~der the threat of
the loss of federal housing assistanpe.
City officials favor permanent authorization
and extension of expiring federal tax provisions
including mortgage revenue bondsl(MRBs) and
low-income housing tax credits to finance afford-
able housing. i
Regulatory reform will not sUr I ply sufficient
units of affordable housing if fede al funds for
low-income subsidized housing af ; not available.
HUD has no direct experience in ~e review of
local building code and zoning reqpirements.
Granting such review authority to federal officials
would be an unacceptable intrusioI) into the au-
thority of local government to adoWt land-use and
i
I
community development policies to assure neigh-
borhood stability and orderly growth of residential
areas.
e
FL-'. Comprehensive Housing
Assistance Strategy (CHAS)
The League urges a reduction of the
extensive documentation cities are required to
produce in order to receive federal housing
funds under the national affordable housing
act.
The comprehensive housing assistance
strategy (CHAS) reports to be submitted by cities
to the U.S. Department of Housing and Urban
Development by end of October 1991, have
substantially increased the workload of local
housing agencies, which, in many cases, may not
receive additional federal housing assistance
despite completion of this lengthy and difficult
analysis and reporting requirement.
Serious doubts have also been raised about
the usefulness of the CHAS as a planning tool.
Use of pre 1990 census data, rapidly changing
housing markets (in many locations), as well as
the lack of documentation on specific population
groups limits the accuracy and reliability of such
information. Cities are likely to be reticent to
propose ambitious strategies when addressing such
needs out of concern that failure to achieve objec-
tives will result in the loss of federal housing
assistance in the future.
.
e
FL-8. FHA Insurance Changes
The League supports easing limits on
financing of closing costs required by FHA
housing insurance programs.
City officials are concerned that limits on the
amount of closing costs fIrst-time homebuyers can
finance may result in a loss of housing
affordability for increased numbers of younger
frrst-time potential homeowners. Cities have
ample supplies of affordable housing that must be
maintained and made available on a continuing
basis for those seeking a frrst mortgage.
4
.
.
e
Page 52
League of Minnesota Cities Proposed Policies
e
e
e
.
FL-9. Portability of Section 8 Housing
Certificates and Vouchers
The League urges Congress to modify
Section 8 tenant assistance requirements to
relieve problems caused by the demands placed
on the availability of Section 8 units at the local
level as well as on the capacity of local PHAs to
meet the needs of families with Section 8
certificates who have moved from another city
and must be serviced in their new location.
Equally troubling for cities are the unin-
tended loss of certificates for low-income residents
when those with certificates issued at the local
level move out of the jurisdiction in which the
certificate was originally issued.
City officials recognize that the mobility of
those seeking rental assistance necessitates port-
ability of qualification for Section 8 eligible units,
but the impact on communities and neighborhoods
~u~t ~so be addressed. Officials are alarmed by
mdlcations that numerous Section 8 residences
may be concentrated within a small area, which, in
turn, can contribute to a loss of the optimum mix
of housing and income levels.
~
..
.
.
FL-IO. Siting of Group Home
Residential Facilities
The League urges Congress to modify the
fair housing act to permit cities to exercise
reasonable dispersal and spacing requirements
for residential care facilities that serve people
with disabilities to prevent over-concentration
and to provide the benefit of normal residential
surroundings to people with mental illness, the
homeless, battered women and children, as well
as for those with developmental disabilities.
Cities must be authorized to establish appro-
priate dispersal and spacing requirements while
protecting the rights of the disabled to assure that
they are not denied access to housing in residential
zones. It is also clear that those who license and
purchase services from residential providers must
exercise responsibility to make available to dis-
abled citizens the benefits of normal residential
~urroundings. Access must not be denied through
Improper application of local zoning codes.
J
~
Cities must be clearly authorized to exercise
such local controls to prevent over-concentration
of such residences within neighborhoods and to
enhance the opportunity for disabled residents to
receive needed health and social services as well
as access to public transportation, education, and
recreation to help sustain a quality of life for them
and for the community in which such facilities are
located.
The efforts of advocates for the disabled to
mainstream individuals requiring special care is of
special interest to cities. Such people must not be
forced to reside in areas that threaten to become
defacto institutional zones. This not only defeats
the purpose of fair housing legislation designed to
scatter such uses in a variety of settings, but also
pits social service providers against neighborhood
residents who become fearful and resentful about
the influx of such facilities into the local area.
FL-11. Mixed Populations
The League urges Congress to relieve
serious problems resulting from requirements
to house people with disabilities in public high-
rises originally designed for senior citizen
residences.
Immediate action must be taken to overcome
problems of security and unworkable living
arrangements to protect the well-being of residents
and prevent further deterioration of buildings and
loss of housing units.
Seniors must be accorded the opportunity and
the assurance that they can enjoy a suitable envi-
ronment and security as residents of public hous-
ing units. Elderly poor residents must not be
subjected to increased stress and anxiety as a result
of the assignment of younger people who are
emotionally unstable to the same buildings in
which senior citizens have been residing.
It is important that cities be permitted to
devise alternative housing options to allow those
with disabilities to have access to programs and
services associated with housing assignments that
will more closely fit their needs and lifestyle. At
the same time, such approaches can provide more
appropriate surroundings for the elderly who need
quiet and the assurance of a regular daily routine
Federal Legislative
Page S3
of scheduled activities and the security of knowing
that they will not be confronted wi~h threatening
or distressing circumstances. I
!
FL-12. Anti-Drug Abuse: Prevention
and Assistance
The League of Minnesota Cities supports
full funding of the anti-drug abuse act and
urges the federal government, in Ipartnership
with cities, to provide assistance !o local law
enforcement agencies, courts, sc~ools,
co~~.unity-based organizations, Itreatment
facIlIties, and other local resourc~s to combat
the threat of drug abuse and relaited crime and
violence. I
The failure of some states to pass through
grant allocations to cities threatens Ito undo valu-
able inter jurisdictional cooperation I and implemen-
tation of statewide drug control str~tegies. Con-
gress must make it possible for citi~s to receive
,
funding in a timely manner by req1.#ring states to
guarantee that they will distribute fpnds efficiently
and direct them to local units of go~ernment.
Such agreements must assure allOC~tiOn of at least
80 percent of federal drug control ~ystems im-
provement grants to local law enforcement and
drug control activities and demonstjrate that
smaller non-metropolitan efforts arb awarded a
proportionate share of funding. !
Coordination and broad-based cooperation at
state and local levels should be en ouraged in
order to increase the effectiveness f measures
designed to deal with the grievous ersonal, social,
and economic consequences of dru~ abuse. City
officials acknowledge the need for reasonable
controls to assure accountability in I the use of
federal funds. It is also important tihat federal
grant requirements remain flexible land that com-
plicated grant application procedur~s be kept to a
minimum. I
The League supports efforts of the Minnesota
Office of Drug Policy to seek waivers from the
federal government to assist local governments to
provide the 25 percent local match !required for
receipt of such federal funds. The J.i.eague encour-
ages other states to seek such waivers from the
federal government to aid cities which do not have
sufficient resources to meet the federal match.
Increasing match requirements to 50 percent
would make cities with a smaller tax base ineli-
gible for federal grants needed to aid local law
enforcement and drug control efforts. City offi-
cials oppose proposals to increase such local
matching requirements.
In view of federal budget constraints, the
League urges Congress, in concert with state and
local government, to support efforts to strengthen
the capacity and improve the effectiveness of local
law enforcement agencies I both urban and rural, to
combat drug trafficking and other illegal activities
that threaten neighborhoods and the safety of city
streets and homes.
It is also necessary for the federal govern-
ment to intensify U.S. and international efforts to
reduce the agricultural and manufacturing sources
of illicit drugs in other nations.
Strategies to reduce the supply and demand
for drugs must be clearly defined with realistic
objectives and goals. It is essential that Congress
provide a consistent, stable source of funding for
federal grant programs and permit sufficient
flexibility at the local level to allow cities to make
use of funds in a timely and effective manner.
Past experience demonstrates it is difficult to
implement effective local strategies when restric-
tive and complicated grant application procedures
are imposed and funding levels are inconsistent.
The trend toward increased alcohol abuse
among youth is equally alarming and difficult to
eradicate. Direct experience with this problem at
the state and local levels has provided an under-
standing of substance abuse problems. For all
these reasons, local officials must be granted the
flexibility to design programs to address the
special problems faced in their communities.
Serious economic problems and cultural differ-
ences within city populations also create problems
which must also be overcome to reduce the spread
of drug and alcohol abuse. Local officials are in
the best position to help individuals at highest risk
e
.
J
..
e
~
.
,,'-
e
Page 54
League of Minnesota Cities Proposed Policies
e
of addiction to overcome distrust and lack of
confidence in government-sponsored programs.
e
FL-13. FederallLocal Fiscal Relations
The League of Minnesota Cities urges
Congress to uphold the authority of cities to
issue tax-exempt bonds and to oppose further
intrusion when restrictions result in higher
issuance costs, loss of investor incentives for
construction and preservation of affordable
housing, or the loss of tax-exempt status for
general obligation bonds.
Cities face critical decisions to invest funds to
meet costly infrastructure and public services.
Cities need to be able to take advantage of the
small issuer deductibility exemption for banks and
pools which purchase or sell municipal bond
issues. The League urges Congress to enact
legislation that will bring banks back into the tax-
exempt market to accomplish these objectives and
save local tax dollars.
The following changes in federal fiscal policy
will aid cities to make effective use of tax-exempt
fmancing for such purposes:
· Increasing smaller issuer arbitrage rebate
exemptions;
· Making relief from arbitrage rebates
retroactive to 1986;
· Raising small issuer bank deductibility;
· Easing restrictions on the use of municipal
bonds for environmental facilities;
· Allowing cities to keep 10 percent of
arbitrage earnings.
Congress should provide cities relief from
costly arbitrage rebate restrictions to allow local
government to retain investment earnings to
revitalize neighborhoods and strengthen the
community.
City officials also urge Congress to study of
the impact of the state volume cap on private
activity bonds for financing environmental
projects to detennine whether such activities are
being delayed because of such restrictions. The
study should also examine the added cost to cities
of meeting environmental mandates if taxable
financing must be used or if delays lead to fines or
penalties imposed by federal law.
Federal Legislative
,
The League also supports investor incentives
for construction and preservation of affordable
housing, including the following:
· Rehabilitation tax credits;
· Low and moderate-income housing tax
credits.
Such tax policy should be made a penn anent
feature of federal-local fiscal relations. In addi-
tion, the League supports policies to make low-
income housing tax credits more workable by
making full credit available for projects in which
cities use tax-exempt financing or community
development block grant (CDBG) funds.
The League supports the following policies to
broaden the authority of cities to use tax-exempt
financing:
· Restoration of the private use test to 25
percent for bond issues of less than $25
million;
· Expansion of qualifications for exemption
from bank and arbitrage deductibility; and
· Maintenance of the current limit on the
authority of nonprofit corporations to issue
tax-exempt bonds.
Federal regulation of municipal bonds should
not require unnecessary reporting. Failure to
report bond issues to federal regulatory agencies
should not result in taxation of interest income to
the city.
Federal arbitrage restrictions should not apply
to municipal bond reserves or sinking funds.
Arbitrage which results from fluctuating interest
rates I issuance procedures, prudent management of
the bond issue, or refundings should not be subject
to retroactive tax liability.
FL-14. Federal Mandates
The League of Minnesota Cities urges
Congress to enact legislation to reimburse cities
for the direct costs of compliance with federal
policies, regulations, and national standards
that impose additional costs and responsibilities
on city government.
Congress should also address the need for
flexibility in implementing federal programs to
limit the fiscal impact and overburden on local
government.
Page 55
FL-!7. Cable Television Regulation
The League of Minnesota Ci~es urges
Congress to re-examine provisioI)s of the 1984
cable communications policy act ~at affect
local regulation of cable franchis~ operations
and services. The League also has a strong
interest in achieving a more apptiopriate
balance between local authority to mandate
access to cable communications ~rvices for city
residents and the opportunity fo~ the increasing
competition among broadcast tel~vision, the
cable companies, and the teleco~munications
industry. I
LMC supports the following 4hanges in the
1984 cable communications policy) act:
· Permit telephone companiesl to own and
operate cable systems sUbje4t to city
regulation on the same term$ and conditions
that apply to local regulatio* of other cable
franchise operations; I
· Assure that rural areas have iaccess through
satellite broadcast and other competing
technologies to services avalIable on cable
I
systems; I
· Improve leased access requilrements to
provide a set-aside of chan~l capacity for
use by commercial program;ers not
connected with the cable 0 rator as well as
by public and educational i stitutions;
· Assure that local commerci*l broadcast
stations will continue to have access to
I
cable channels in order to provide locally
originated programming an~ news programs
of local interest; l
· Establish a legislative defin~tion of effective
competition to authorize l04al rate
regulation if comparable al~emative
television programming an~ services are not
available to city residents ai rates
competitive with those chaz/ged by the cable
operator; I
· Broaden discretion in franc~ise renewal
proceedings to eliminate re~uirements that
make it necessary for city ~fficials to
disprove that, prior to rene",al, the city had
previously acknowledged abd tolerated
I
violations of the original franchise
agreement;
· Require payments by cable franchise
operators to support the operation of public,
educational and government access (PEG)
channels;
· Authorize cities to establish and enforce
local technical standards to assure the
quality of local cable signals;
· Provide cities with increased authority over
modification procedures and timetables to
permit effective enforcement of existing
franchise agreements during pending
modification proceedings;
· Authorize cities to establish minimum
service requirements when requesting
proposals from cable franchise operators to
assure access to programming that meets
local needs;
· Require city regulation of the placement
and numbering of local broadcast signals
and other program services to prevent
retiering of basic services;
· Guarantee blanket immunity for actions
taken by the city consistent with the cable
communications policy act; and
· Protect the entity operating public access
facilities from liability.
If the u.s. Supreme Court determines that the
cable television industry has broad rights to con-
trol program content, distribution, and access to
cable systems, the following measures may also be
necessary for the protection of local consumer
interests:
· Prohibit common ownership of cable
program networks and cable systems
(vertical integration) to prevent
concentration of ownership and control of
programming, distribution, and access to
cable channels;
· Require expansion of capacity of the cable
system to respond to future demand for
channel access;
· Require cable operators to make channel
capacity available on a frrst-come, first-
served basis; and
e
e
,
Page 58
League of Minnesota Cities Proposed Policies
e
e
It
· Eliminate the five percent limit on franchise
fees and permit city franchise authorities to
establish fees without federal interference.
"
FL-18. Rural Development Issues
The League urges Congress to recognize
and support the responsibility and authority of
cities to provide water and sewer services and
to refrain from authorizing the financing of
rural utilities that would adversely affect
orderly growth of unincorporated areas,
particularly those adjacent to corporate city
limits.
The League also supports programs and
increased funding to strengthen rural
economies and to aid cities to provide services
and public improvements that stimulate
economic development.
Such programs must uphold the authority of
cities to provide public utility services and recog-
nize the importance of orderly growth within a
comprehensive land use planning process which
involves cooperation among local units of govern-
ment.
The federal government must increase the
capacity of local units of government to deal with
problems of groundwater contamination and water
resource management; to comply with federal
environmental standards; and to make services that
will increase economic activity and planned
development available to residents in surrounding
rural areas.
Congress must also assure that federal autho-
rization for rural electric cooperatives (RECs) to
finance the construction of water and waste dis-
posal facilities in unincorporated areas will include
criteria for approval of grants or loans that take
account of existing municipal utilities and service
delivery and the impact of such facilities on
regional and/or local land-use planning and devel-
opment.
Unplanned development in unincorporated
areas (rural sprawl) creates serious problems in
rural communities. Such development weakens
rather than strengthens local economies in agricul-
tural areas. The federal government must
strengthen the role and capacity of cities in such
Federal Legislative
-
-
4
f
..
"
locales to maintain a quality of life, encourage
economic development, sustain a growing popula-
tion, and efficiently use agricultural resources.
Proposed expansion of REC involvement in
the financing of rural water and sewer systems
seeks to take advantage of the capital resources of
RECs to provide rural areas with improved water
and waste disposal. City officials are familiar with
the serious environmental and economic problems
faced in areas with local population densities and
limited capacity to finance major public improve-
ments. Legislation considered in 1990 failed,
however, to acknowledge or include the role of
cities in the delivery of such public services and
overlooked the necessity for local government
cooperation to establish and maintain support for
rational patterns of development.
It is unnecessary for the federal government
to expand the role of RECs to accomplish the
objectives of federal rural development legislation.
It is essential that city officials and utilities work
in a coordinated manner to meet shared public
service objectives. The federal government has a
continuing responsibility to enact appropriate tax
policy and to maintain funding for current EP A
and Farmers Home Administration (FmHA) grant
and loan programs to aid such areas.
The League opposes initiatives to make rural
electric cooperatives (RECs) eligible for low-
interest loans to provide water and sewer services
in areas without such service delivery. Such
policies are not in keeping with the purpose or role
of RECs to provide electricity to support family
farms and to strengthen the agricultural sector.
The role of rural electric cooperatives to serve
farmers and those living outside urban centers
with electric service is not sufficient to enable
them to provide additional water and sewer utility
services for which cities are prepared to extend
current services or expand facilities to provide that
capacity.
Increased REC interest in competing with
cities to provide such utility services in rural areas
experiencing residential growth and commerciall
industrial development has raised serious concerns
at the local level. Cities are experiencing in-
creased intrusion by RECs in annexation proceed-
Page 59
ings and disputes and in the delivery of municipal
services to subdivisions. It is evident that, on a
national level, the Rural Electrification Adminis-
tration, is encouraging local cooperatives to pursue
authority to provide utility services that cities have
traditionally been authorized to deliver.
If Congress enacts rural development legisla-
tion that establishes REC eligibility to borrow
funds for development of such systems, such
financing should only be approved if the following
criteria are satisfied by the proposals submitted by
local cooperatives:
· Demonstration that the proposal to serve
rural areas with water or se,*r services will
not result in or encourage the loss of
valuable agricultural land and resources;
· Completion of an environmental impact
statement or other evaluatiort of the effect
of such facilities on water resources,
population settlement patterns, development
strategies, and availability o~ other federal
grants or loans (EP A water I d sewer loans
and grants);
· Compliance with local comp ehensive land
use and water management olicies;
· Demonstration that such rur utility
systems will not create obstafles to
annexation and orderly gro\\lth of cities.
Further, such policies must in~orporate the
following principles to assure that provision of
utility services in rural areas provi4es for the
following:
· Recognition of the role and (capacity of
cities to deliver water and se~er services;
· Right of fust refusal by citie$ with current
or planned capacity to delivqr water and
sewer service to extend suchl utilities to
properties requesting such iritprovements;
· Eligibility of cities for such financing to
extend or improve current m~nicipal
utilities to extend those serv~ces to such
locations; I
· Direct participation of cities lin the review
of REC project proposals to ~rve locations
adjacent t~ cities.
FL-19. Groundwater Protection
The League supports policies to protect
groundwater resources and urges Congress to
concentrate on measures designed to minimize
the use and disposal of toxic chemicals and to
assist local governments to protect
groundwater supplies. Federal legislation
should emphasize management of groundwater
resources rather than elimination of all
contamination and the development of national
programs to aid small and rural communities.
Cities are concerned with preventing the
transport of such contaminants into city water
supplies and public drinking water systems. Since
the aquifers where contamination may occur are
not limited to city/county boundaries, it is impor-
tant that protection measures and monitoring
requirements reflect such circumstances and make
federal assistance available to local governments
to help carry out appropriate groundwater protec-
tion strategies.
Flexibility in implementing groundwater
protection programs is needed to enable state and
local governments to address groundwater man-
agement problems using current laws and
intergovernmental cooperation already in place
rather than instituting extensive changes.
Pending federal legislation includes provi-
sions for federal groundwater quality standards.
Cities are concerned that proposed requirements to
assure that all subterranean pore space in area
aquifers contain drinkable water may be difficult
and costly to achieve. The expense of monitoring
is likely to cause cities difficulty in maintaining
other necessary water management programs.
Solutions to the threat or existence of groundwater
pollution should be based on the local conditions
and adequate understanding of the cost-effective-
ness of remedies preferred by local officials.
e
.
"
"
e
..
-
.
It
"
Background
Efforts in Congress led to the addition of
groundwater provisions to the reauthorization of
the federal insecticide, rodenticide and fungicide
act (FIFRA). Such requirements were also added
tit
Page 60
League of Minnesota Cities Proposed Policies
e
to the safe drinking water act, which called for the
U.S. Environmental Protection Agency to deter-
mine the potential for pesticides to leach into
groundwater supplies; notification of detection of
pesticides; establishment of groundwater monitor-
ing and registration requirements based on detec-
tion of pesticides in wells used for drinking water;
and the creation of groundwater pesticide stan-
dards.
Groundwater contamination issues have been
difficult to resolve. Among the issues on which
Congress has focused are notification of contami-
nation detection and establishment of groundwater
action levels for pesticides detected in the ground-
water as the result of "normal use" that exceeds
the action level.
..
.J
e
FL-20. Clean Water Act
The League urges Congress to fully fund
state revolving loan (SRL) programs to aid
cities to fully comply with toxic control and
sewage treatment requirements. In addition,
Congress must recognize its responsibility to
aid cities to comply with non-point source
pollution and combined sewer-overflow
controls.
The League also supports measures that
will assure a moratorium on enforcement of
EPA-mandatory stormwater permits for cities
under 100,000 population through 1992 to
provide sufficie~t time to rewrite requirements.
Cities over 100,000 population are prepared
to continue storm water management planning and
monitoring activities, but Congress must defer
implementation of management requirements until
completion of the reauthorization of the clean
water act.
In previous sessions, failure to fund the SRL
program has reduced aid to local government by
nearly $2 billion since 1987. Many smaller cities
cannot participate in such loan programs in any
case for lack of local fiscal capacity to repay the
financing. For that reason, the League is encour-
aged by introduction of legislation that would
provide federal aid to cities for construction of
e
drinking water systems as well as wastewater
treatment and solid waste facilities and for costs
associated with replacement of underground
storage tanks. Of particular importance are provi-
sions that would allow cities under 2,500 popula-
tion to apply for low or no interest loans or grants,
with an accompanying state 25 percent match, that
could cover as much as 75 percent of such costs.
There is also a need to identify new revenues
for meeting the cost of financing CSO pollution
control measures as well as regulations which
allow cities to use available technology and which
recognize the necessity of weighing costs and
benefits in the development of pollution control
guidelines.
FL-21. Lead Contamination
The League supports federal programs to
help cities reduce harmful levels of lead in
public drinking water systems and urges
Congress to work with local officials to develop
standards and operating requirements that are
feasible and realistic. Congress must also
continue support and increase funding for
Farmers Home Administration grant and loan
programs as major sources of financing for
smaller city water systems in rural areas.
Legislation introduced in the 1991 Congress
which would require the U.S. Environmental
Protection Agency to impose more stringent lead
contamination standards in drinking water should
be modified to allow a longer time period for
implementing and evaluating corrosion control
measures and alternatives. Congress must also
substantially change requirements that would
make cities responsible for removing lead service
lines in privately owned homes if lead levels
exceed new, more stringent maximum contamina-
tion levels (MCL).
Further, Congress must establish a program
of special grants and loans for special needs to
help meet the costs for new or modified treatment
facilities required for compliance with federal
standards. Expanded training and technical assis-
tance is also needed as well as a limit on the
Federal Legislative
Page 61
It is estimated that PFCs will generate more
than $1 billion per year to be used for construc-
tion, improved safety, and better a~ traffic control.
In 1990, FAA estimated annual airport capital
improvement at needs at $10 billior. The current
PFC charge will cost passengers a ~aximum of $3
per enplanement, with no more thap two such
levies per one way ticket, regardle~s of the number
of connections. '
While increasing competition ~ong airlines,
such provisions must also provide ~ufficient
safeguards for consumers to streng~en regional
passenger airservice. It is also essettial to assure
that airline passengers from smalle airports who
rely on reasonable rates for connec .ng flights at
hub airports are not required to pa~ disproportion-
ately higher fares as a result of imptitiOn of PFCs
by major airport operators.
Ticketing and travel schedul that require
I
more than two connecting flightsl should not be
subject to disproportionate rate ipcreases as
result of PFC charges. I
City officials support restoratipn of funding
to the essential air service program I for small
municipal airports hurt by deregul~tion. Provi-
sions that would prevent the U.S. Qepartment of
Transportation from reducing the n!mber of cities
in the program and anthorize suffie'ent funds (at
least $26.6 million for fiscal year 1 91) from the
federal aviation trust fund must be ey compo-
nents of federal policy and must belincluded in
legislation to authorize PFCs at lar(r airports.
FL-24. Refugee Assistance I
The League of Minnesota Ci~es supports
full funding of the refugee act of ~980 and
urges Congress to improve coor~nation be-
tween federal government agencir in the
formulation of refugee policy. ~e League also
urges the National League of Ci~es and the
federal government to study refu ee settlement
concerns and to take further acti n based on
timely research.
Resettlement is a national iSSU~, and the
League believes that more federal crsistance is
warranted.
Funding levels for assistance programs to
refugees need to more representative of annual
admission levels. Further congressional action
should establish greater cohesion among the
refugee admissions policy of the U.S. Department
of State, the level of appropriations for assistance
programs established by Congress, and the admin-
istration of the refugee assistance act by the Office
of Refugee Resettlement in the Department of
Health and Human Services.
Refugees who settle in the United States,
particularly Southeast Asians, face a number of
serious problems. The educational system is
generally ill-equipped to help young refugees and
their children. Along with the obvious cultural
and linguistic barriers to achieving self-suffi-
ciency, educational problems promote a cycle of
poverty and welfare dependence among refugees.
In addition, refugees experience social and psy-
chological problems that are uniquely related to
their past experiences and recent settlement in the
United States. Their isolation from other Ameri-
cans and the lack of federal funding for specific
education, social services, and job training for
refugees compounds the problem.
The continual arrival of new refugees, the
significant numbers of settled refugees, and the
cultural and linguistic barriers to serving these
unique people all point to an ever-growing strain
upon cities, counties, and states across the nation.
The League recommends that the federal govern-
ment study these concerns to assist in the forma-
tion of a more comprehensive program to achieve
the goals of self-sufficiency and cultural assimila-
tion for refugees.
Increased federal funding to special programs
for refugees has been encouraging. Restoration of
funding levels for AFDC, refugee cash assistance,
state and county administrative costs and the
refugee unaccompanied minor program continue
to be important to cities coping with the strain of
refugee settlement. However, municipalities do
not have adequate resources to address refugee
concerns.
Page 64
League of Minnesota Cities Proposed Policies
e
..
'.
e
e
e
e
e
.
..
FL-2S. Social Security Deductions for
Election Judges
The League urges Congress to provide a
permanent blanket exemption from Social
Security coverage for election judges.
Uniform exclusion of all election workers
from provisions of the new federal tax require-
ments that apply after July 1, 1991, is necessary to
eliminate this unnecessary requirement for em-
ployees whose average age nationally is 54 and
among whom are a large number of retirees.
The need is immediate; therefore Congress
should enact a special temporary waiver until
reform legislation can b~ approved.
It should also be noted that election judges
earning less than $100 per year are exempt from
these provisions.
The League is encouraged by efforts under-
way to raise the income threshold for election
judges which will exempt most of them from these
new requirements. Congress should also consider
exempting election judges from current Medicare
payment requirements.
This matter is urgent in view of many local
elections scheduled next year. The impact of the
Social Security tax on local election judges will
make it especially difficult to recruit and retain
citizens willing to take part in the important work
of conducting election day activities at the polls.
City officials are also dismayed at the in-
creased administrative workload needed to comply
with these requirements and the reactions of those
serving as election judges who will now have
additional deductions made from the modest
wages earned as polling place workers on election
day. Senior citizens who serve as election judges
have expressed anger and frustration over the
recent tax changes and have indicated that they
will refuse to serve in the future as a result of the
imposition of these coverage requirements.
I'
"
.
1
'#'..
.,.
FL-26. Government Accounting
Reporting Requirements
The League of Minnesota Cities urges the
Government Accounting Standards Board
(GASB) to refine the GASB 10 statement to
allow for the recognition of future revenues to
offset the present value of risk liabilities and
promises of future benefits for retirees.
The League supports accurate reporting of
city finances with full recognition of realistic
revenue streams for future years to offset liabilities
for obligations which require future payments.
The GASB 10 requires cities to report the
present value and available assets to fmance the
following types of liabilities for annual reports and
operating statements:
· Accident, health, dental, and other medical
benefits;
· Post-retirement benefits;
· Torts;
· Job-related illnesses or injury to employees;
· Theft or damage to or destruction of assets;
· Acts of God; and
· Errors or omissions.
GASB 10 reporting requirements, as pro-
posed, would fundamentally alter the way in
which governments account for insurance costs as
well as self-insured claims and have budgetary and
management implications in addition to impact on
accounting and financial reporting.
If modifications in proposed financial ac-
counting standards for full disclosure of long-term
liabilities are not made in GASB 10, many cities
will show substantial negative fund balances. The
proposed national accounting standards, which
take effect June 15, 1994, will adversely affect
units of state and local government as well as
public employee systems, government utilities,
hospitals, and colleges and universities.
Failure to devise remedies to reduce liabilities
that must be reported under GASB 10 will in-
crease the likelihood of the reduction in city bond
ratings due to the magnitude of unfunded long-
term obligations.
Federal Legislative
Page 65
.
e'
.
AGENDA
CITY OF OAK PARK HEIGHTS
MONDAY, OCTOBER 28, 1991 -- 6:15 P.M.
6;15 P.M. AGENDA
I. Staff Reports
7:00 P.M. AGENDA
I. Call to Order
II. Public Hearings Continued
School District
Wal-Mart
III. visitors
IV.
Departmental Reports
Carufel - Administration
Kern - Streets
Seggelke - Parks
Doerr - Utilities
O'Neal - Police
Bridge Update
Cable Update
V. Old Business
Investments
Haase Registered Land Survey
VI. New Business
Rink Attendants
O'Connor Home Occupation Request
Correct River Hills Plat
VII. Correspondence Presented
MN DOT
City Engineer - 58th Street Traffic Studies
League - City Policies
** School Worksho~ - Wednesday, 10/30/91, 7;00 P.M., City Hall