HomeMy WebLinkAboutAgenda Packets - 1987/09/14CITY COUNCIL MEETING
CITY OF MOUNDS VIEW
SEPTEMBER 14, 1987
7:00 P.M.
A G E N D A
1. Call to Order
2. Pledge of Allegiance
3. Roll Call - Wuori, Quick, iiankner, Blanchard, Linke
4. Approval of Minutes: August 24, 1987
Regular Meeting
(Received in 9-08-87 Packet)
September 8, A87
Special Meeting
5. Public Hearings - 7:05 P.M.- Grplat for
eenfieldyEstates, Harstad
C,7mpany
6. Residents Requests and Comments From The Floor- --------
--------------------
CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME
AND ADDRESS FOR THE MINUTES
7. Approval of Consent Agenda
ITEM A. Authorize Short-Elliot-Hendrickson,,Inc. to
Prepare a Drainage Plan for the Edgewood
Drainage District at a Cost Not to Exceed
$10,000 to be Funded from the Storm Water
Management Fund
ITFM B. Adopt Resolution No. 2236 Authorizing
Construction of An Addition at 7405 :=rk View
Drive and Directing Staff to Prepare An
Amendment to Chapcer 48, Wetland Zoning
ITEM C. Adopt Resolution No. 2234 Approving Wetland
Alteration Permit for James Larson, 8205 Long
Lake Road
ITEM U. Adopt Resolution No. 2229 Establishing Garage
Addition Fund
ng
ITEM E. AdopBondtFundoandion No. 2230 TransferringCItsiFur:OhnWater to the
General Fund
AGENDA
PAGE TWO
SEPTEMBER 14, 1987
i<
31
ITEM F. Adopt ng A
Transfer sofuFunds tion NFrom o. 2the AGeneral iFund to the
Garage Addition Fund
ITEM G. Accept Resignation of Public Works Foreman
Stevi Rose
lanning
ission
ITEM H. Charlotteccept sForslund and ignation of PApp oval ofResolution
No. 2238 Resolution of Commendation and
Appreciation
ITEM I. Approve position Accountability Write -Ups for
. City Planner dated July, 1907
. Public Works Foreman dated August, 1987
. Receptionist dated September, 1987
Administrative Secretary dated September,
1987
Public t9orks/Engineering/Inspections/Planning
Secretary dated August, 1987
Public Works Director/City Engineer dated
August, 1997
ITEM J. Adopt Resolution No. 2237 Approving Just and
Correct Claims Against City Funds ' .
ITEM K. Licenses for Approval
General - Expires 6/30/88
G. P. and Son Remodeling - New
Ronald D. Parades - New
Rick's Roofing and Siding - New
Quality Construction - ive!
Heating and Air Conditioning - Expires 6/30/88
Anderson Burner Sery ce, Inc. New
Preferred Sheet Metal, Inc. - New
Roof WoodsARoof�d �o• 6 New88
Sewer and Water - Expires 6/30/88
Marty Bros. - Renewal
B. Second Reading and Adoption of Ordinance No. 428
Adopting the 1987 Long -Term Financial Plan
9. Second Reading and Adoption of Ordinance No. 427
Repealing Ordinance No. 97
1
AGENDA
PAGE THREE
SEPTEMBER 14, 1987
10. First Reading of Ordinance No. 426 Amending the
Municipal Code of Mounds View By Amending Chapter 46
Entitled, "Street Names"
11. Consideration of Resolution No. 2226 Approving
Preliminary Plat for Greenfield Estates, Mounds View
Planning Case No. 213-87
12. First Reading of Ordinance No. 425 Amending the
Municipal Code of Mounds View By Amending Chapter 48
Entitled, "Wetland Zoning Ordinance"
13. First Reading cf Ordinance No. 424 Vacating the Excess
Right -of -Way Abutting Lots 5 and 6 in Block 1,
Greenfield Estates Preliminary Plat
14. Consideration of Resolution No. 2235 Approving Issuance
of On -Sale intoxicating Liquor and Restaurant Licenee to
Richard Povlitzki
15. Report of Attorney
16. Report of. Councilmembers: Wuori, Quick; Hankner,
Blanchard, Links
17. Report of Administrator
18. Adjournment
PROCEEDINGS OF THE C [yFIjt
CITY OF MOUNDS
RAMS'r.'Y COUNTY, b1I N
Special Flee i
September 8, 1987
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
---------------------------------------------
The Mounds View City Council was called 1. Call to order
to order by Mayor Linke at 7:01 p.m.
MEMBERS PRESENT: Mayor Links, Quick, 2. Roll Call
Hankner, Wuori. Blanchard was absent.
ALSO PRESENT:
Clerk -Administrator Pauley.
Clerk -Administrator Pauley reviewed the
current status of the Metropolitan
Council's concerns with respect to the data
contained in the final Environmental Impact
Statement for Mounds View Business Park
which included 3 letter received on
September P from a Staff member of the
Metropolitan Council indicating that the
data provided by the Developer adequately
addressed their concerns and requestr
that the City maintain a vigilant status
with respect to any future development and
its impact upon possible degradation of the
Long Lake system.
The Council was presented with Resolution
No. 2232 regarding adequacy of the Final
Envi:onmental Impact Statement, Mounds
View Business Park and recommended its
approval.
MOTION/SECCND: 5. Approve Reso-
Hankner Quick to approve Resolution No. lution No.
2232. 2232.
All aye. Motion Carried
Staff reviewed its memorandum to the
City Council regarding appointments of
temporary public works foremen and pay-
ment of additional wages during the time
a full-t'.me public works foreman is not
I.1 the City's emp'_oy.
CITY COUNCIL SPECIAL MEETING SEPTEMBER 8, 1987
PAGE TWO
_
r �jV �
�
�f p
MOTION SECOND: r 1 � E Y IL.
Qu ck Wuori to approve the appointment of 4. Appclntment.'
Bill Hangii, Wally Mortenson and Tim of Temporary
Pittman as temporary public works foremen Public Works
for the areas of Water, Sewer and Parks Foremen and
respectively with an additional wage of Increase in
$1.00 per hour and an increase in the wages Wages
_
of Gary Kardell and Dick Schmidlin to the
Maintenance III level during the time the
City is without a full-time public works
foreman.
All aye. Motion Carried
Clerk -Administrator Pauley reviewed with
the Council his memorandum regarding the
construction of the addition to the public
works garage and his request that the Council
reconsider their action of Aueust 24th and
authorize that Alternative A-3 be included
In the contract with Cottonwood Construc-
tion.
MOTION SECOND: 5. Approval of
Quf Han ner moved to authorize that Alternative
Alternntive A-3 be included in the contract A-3 to
with Cottonwood Construction in the amount of Contract with
r
$4,6660.00 for the painting of interior and Cottonwood
f
exterior portions of the public works Construction
garage addition.
Motion Carried
Mayor Links requested that Staff obtain
a quote from the contractor on the
installation of vinyl asbestos the in
the office and breakroom areas.
Clerk -Administrator Pauley requested the
Council authorize the extension of the
EM-iPIOYmiiant Of George Pajunen Lo
November 5, 1987 or an additional 120
ours of employment commencing on
September 14, 1987, thichever comes
first.
MOTION/SECOND:_
Hankner/Wuori to approve Staff request. 6. Council
Authorize
Extension of
George
Fajunen's
Employment
with City
All ayes. Motion Carried
CITY COUNCIL SPECIAL MEETING �hhq"� �S TEMBER 81 1987
PAGE TTMREE F.
------- ul_i�� -�--d g of I "YY33F....-JJ----------
Meeting adjourned at 7.13 p.m. 7. Adjournment T:
Respectfully submitted.
Donald F. Pauley
Clerk -Administrator
i
CONSENT AGENDA
SEPTEMBER 14, 1987
The Consent Agenda is a technique designed to expedite
handling of routine and miscellaneous official business of
the City Council. The entire agenda may be adopted by the
Council in•one motion. The motion for adoption is non -
debatable and must receive unanimous approval. By request
of any individual Councilmember, an item can be removed from
the Consent Agenda and placed upon the Regular Agenda for
debate.
ITEM A. Authorize Short-Elliot-Ilendrickson, Inc. to
Prepare a Drainage Plan for the Edgewood
Drainage District at a Cost Not to Exceed
$10,000 to be Funded from the Storm Water
Management Fund
IT6M B. Adopt Resolution No. 2236 Authorizing
Construction of An Addition at 7405 Park View
Drivo and Directing Staff to Prepare An
Amendment to Chapter 48, Wetland Zoning
ITEM C. Adopt Resolution No. 2234 Approving Wetland
Alteration Permit for James Larson, 8205 Long
Lake Road
ITEM D. Adopt Resolution No. 2229 Establishing Garage
Addition Fund
ITF E. Adnpt Resolution No. 2230 Closing the Water
Bond Fund and Transferring Its Funds to the
General Fund
ITEM F. Adopt Resolution No.`2231 Authorizing A
Transfer of Funds lrum the General Fund to the
Garage Addition Fund
ITEM G. Accept Resignation of Public Works Foreman
Steve Rose
ITEM M. Accept Resignation of Planning Commission
Charlotte Forslund and Approval of Resolution
No. 2238 Resolution of Commendation
Appreciation
ITEM I. Approve Position Accountability Write -Ups for
• City Planner dated July, 1987
. Public Works Foreman dated August, 1987
• Receptionist dated September, 1987
. Administrative Secretary dated September,
1987
• Public Works/Engincering/Inspections/Planning
Secretary dated August, 1987
Public Works Director/City Engineer dated
Gugust, 1987
CONSENT AGENDA
PAGE TWO
SEPTEMBER 14, 1987
ITEM J. Adopt Resolution No. 2237 Approving just and
Correct Claims Against City
Funds
ITEM K- Licenses for Approval
Genera! I Expires 6 30 88
!x Ires
_ . � _L6L3OZ88
G. P. and Son Remodeling New
Ronald D. Parades - New
Rick's Roofing and Siding New
Quality Construction - New
Heating and Air Condit12n1n-1-Lx lEts I �3o
Ande
rson ii H-i— Inc.ce, _ Pteferred Sheet Metal, Inc. New
Roofin2 - Ex free !qiope
Woods
Co,Ro3f ny o.
Sewer and ' Water - fx
ILas 6/30/8oFty Bros -
Renewal
RESOLUTION NO. 2236
CITY OF MOUNDS VIEW
� COUNTY OF RAMSEY
fiSTATE Ur MINNESOTA
RK VIEW
AUTnNOIDIRECTINGTSTAFF TOOPREPAREADDITION
AMENDMENTSTOACHAPTER 48DRIVE
WETLAND ZONING
WHEREAS, Deborah Otto, 74G3 Park View Drive has requested
authorization to construct an addition to her single family
residence at that location; and
is
tirRelyEwithinether100curentfootgwetland,bresidence ufferarea;lanjonstructed yrs
L
en
WHEREAS, the Mounds View Planning Commission by Resolution
No. 201-87 has approved a variance
0ttoallow
the contruction of
the addition requested by
Deborah t it is not the desire
WHEREAS, Council has prohibit reasonableiuse ofned aa structure constructed f
the City we p additions to
within a wetland buffer zone, including proposed
said structure; and
WHEREAS, the City Council has further determinedthat
an for the issuance of
amendment to Chapter 48 of the City Code entitled,
Zoning" would be appropriate to allow
Conditional Use Permits for the construction of additions to
structures located within 100 foot wetland buffer zones.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
jssuphnrize the co
the City of i�oun
nstruction of an addition
to the residence located at 7405 Park View Drive as requested y
Deborah Otto.
ted to
BE IT FURTHER RESOLVED, that Cit�`aetlandSLaff lZoningccode" to
prepare an amendment to Chapter 98, for ,
provide for the issuance of CorditionaleUstructureslocated
e
withinuat100 foot ion of dwetland buffer itions to a rzonei.
Adopted this 14th day of September, 1987.
ATTF"P: Mayor
(SEAL)
C.erk-Adm1n 1. 5 t rarat0r
t RESOLUTION NO. 2234
CITY OF MOUNDS VIEW
6• COUNTY OF RAMSEI
STATE OF MINNESOTA
RESOLUTION APPROVING WETLAND ALTERATION PERMIT FOR JAMES
LARSON, 8205 LONG LAKE ROAD
WHEREAS, James Larson, 8205 Long Lake Road has
requested a wetland alteration permit to allow for the
Placement of fill on his property which is located entirely
within a 100 fact wetland buffer zone; and
WHEREAS, said permit application has been reviewed
by the City Staff and consulting engineer; and
WHEREAS, it has been recommended that Mr. Larson's
plans be revised to call for the retention of current
elevations nthe
northeast
and
placement of.adrainageSwal.eoatethat locationr of his property
t yallow for
the drainage of the property to the north; and
WHEREAS, it has further been recommended that no fill
be placed in the boulevard area of said property to ensure
that drainage currently passing Lo the south under the
driveway culvert will be maintained in the ditch along Long
Lake Road before it discharges east along the south property line of the subject property; and
WHEREAS, the City Council has reviewed Mr. Larson's
request for a wetland alteration permit and determined it to
be adequate and in conformance with the requirements of the
Wetland Zoning Code.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of Mounds View approves the wetland alteration ' Permit request of James Larson, 8205 Long Lake Road
conditioned upon his maintaining drainage along the ditch on
the west end of his property and creating a drainage Swale
in the northeast corner of his property to allow drainage of
his property to the north.
Adopted this 14th day of September, 1987.
ATTEST:
Mayor
(SEAL)
Clerk-Admininstrator
rA--
���� A�fEMORAIVDUM
EMNEERSSARCN17 MEPLANNSRS
222 FAST UnLECANADA ROAD, 57 PAUL. MINNE5OU 55117 612494O277
.23A56IA_
N
TO:
CITY OF MOUNDS VIEW
ATTN: DO.V PAUL Y
I2026����
FROM:
DAN BOXRUDK
DATE:
SEPTEMBER 1, 111987
SUBJECT:
JAMES LARSON FILL REQUEST
8205 LONG LAKE ROAD
SEH FILE: 87154
,
I have reviewed the filling operation requested by Mr. James
Larson, adjacent to the wetland near the rear of the property. I
find that the filling does not infringe upon the 901 flood level
as predicted in the flood plain study.
Relative to the epecific grading proposed, I recommend that tho
elevation at location 18 be left as it exists today, except that
a drainage swale be defined between points 18 and 12 so that the
property to tLe north can continue to drain. Point 18 is
currently a low point along the north property line of subject
property.
Specific grades between t:.e front of the hour= end Long ;eke Road
are not shown on the plan. However, some loads of material have
been dumped which indicate an attempt to fill the front yard
With these comments in mind, I recolranend approval.
DP.c: jrs
clmBr FNiOn w r4f f, rlUr'F{VAFALIS
NENDPOWN WC MIN111404 1VInkotriN
CITY OF MOUNDS VIEW
R"mItND 13JILDING APPLICATION
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a uuw
❑ALTERATION [I REPAIR CI MOVE OREMO',t!
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Olka of work:❑N2W OADDITION
DaulBEwolk:
Chmp of ut: ff=
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VEtumon of work:
al
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ouO So III
NOTICE k
THE PERMIT BECOMES NULL AND VOID IF WORK OR �ONSTR OF'
TION AUTHORIZED IS NOT COMMENCED WITHIN 120 GAYS, OR
7K IS SUSPENDED OR ABANDONEDF CONSTRUCTION OR WO• :VFOR A DERIOC OF 120 DAY$ ATANY TIME AFTER WORK ISCOMMENCED.1 HEREBY CERTIFY THAT I NAVE AEAD ANO E%AMINEO TCT-APPLICATI3NAND ONS KNOW ANO OROI.O.'ANCES GOVERNING"ISMERENTYPE r WORK OR NOW I TMEEORNr IIED WI APERMIHETHT DOESI NODII►R0uME T OF 11NV ANCEL THE
OTHEpTATE OR LOCALLTE Rw STRUCTI N 'CONSTRUCTION DR TH[ IERFORMANCE OF CONSTRUCTION.C.
_ SPIRE DEPT
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IMPORTANT TO APPLICANT PLEASE READ
SEPERATE PERMITS REOUIRED FOR:
PLUMBING A_���
HEATING, VENTILATING
OR AIR CONDITIONING q
ELECTRICAL f
BLpCRTOPPING 6 WATER
SEWER W
THIS IS AN APPLICATION ONLY
THE PERMIT WILL BE ISSUED AFTER
REVIEWAL OF THE APPLICATT� •ON.
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I. RESOLUTION N0. 2229
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ESTABLISHING GARAGE ADDITION FUND
WHEREAS, the City of Mounds View plans to construct an
addition to its public works garage, and;
WHEREAS, generally accepted accounting principles promulgated
by the Government Finance Officer's Association of the United
States and Canada provide that a capital outlay such as the
garage addition be accounted for in a capital projects fund;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Mounds View that there be established on the official
financial records of the City the Garage Addition Fund to account
for costs of the addition to the public works gav-ige
Adopted this day of.
1987.
ATTEST:
(SEAL)
Mayor
Clerk-Admini— t ator--
C
RESOLUTION NO. 2230
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION CLOSING TO THE
THE WATER
FUND
FAND
ND TRANSFERRING ITS
FUNDS
RAL
WHEF.EP:S, the Water Bond Fund was established to account
for the col.iection of taxes and special assessmentsondss levied in 1960
connection with the issuance of Water Imp
rovementand to account for the debt service on said bonds; and
WHEREAS, the final _ayment of principle and interest on said
bonds was made in 1982;
NOW, THEREFORE, BE I: RESOLVED by the City Council vf tha
City of Mounds View that its obligation to holders of Water
Improvement Bonds of 1960 has been satisfied as a result of
making all payments of principle and interest pursuant to the
bond indt.,ture;
BE IT FURTHER RESOLVED, by the City Council of the City Of
to close
Mounds View thee• the Finance Director is hereby directed
the Water Bond Fund and to transfer all assets of thN Funa to the
City's General Fund.
ATTEST:
(SEAL)
Adopted this day of
, 1987.
Mayor
Clerk=Administrator
i.
C,
RESOLUTION NO. 2231
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING A TRANSFER OF FUNDS FROM THE GENERAL
FUND TO THE GARAGE ADDITION FUND
WHEREAS, Ordinance No. 427 closed the Public Improvement
Revolving Fund and transferred monies of the Fund to the General
Fund; and
WHEREAS, Resolution No. 2229 established the Garage Addition
Fund to account for the costs of an addition to the public works
garage; and
WHEREAS, Resolution 2230 closed the Water Bond Fund and
transferred all assets of said Fund to the General Fund; and
WHEREAS, it is the desire of the City Council to use funds
formerly contained in the Public Improvement Revolving Fund and l
the Water Bond Fund to help finance the addition to the public
works garage. -4
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Mounds View that a transfer of $ be made from
the General Fund to the Garage Addition Fund.
AT'"" ST•
(SEAL.)
Adopted this day of , 1987.
Mayor _
Clerk. -Administrator
e
lk�
RESOLUTION NO. 2238
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTICA OF COMMENDATION AND APPRECIATION TO
CHARLOTTE FORSLUND
WHEREAS, Charlotte Forslund resigned her position on the
Mounds View Planning Commission after 4 1/2 years of service; and
WHEREAS, Charlotte Forslund has shown a sincere interest in
the welfare of the citizens of Mounds View during her tenure on
the Mounds View Planning Commission; and
WHEREAS, Charlotte Forslund has won the respect and gratitude
of those who have had the privilege of working with her on the
Mounds View Planning Commission.
NOW, THEREFORE, BE IT RESOLVEU that the City Council of the
City of Mounds view , on behalf of the residents of the City of
Mounds View, expresses its appreciation 'o Charlotte Forslund for
her dedicated and devoted service on the Pounds View Planning
Commission.
Adopted this 14 day of September, 1987.
ATTEST:
Mayor Jerry Links
Counc7lmember Blanchard Counc .lmemnor Quic
Councilmember IIankner Counc lmember Wuori
(SEAL)
7
Clerk-Adm n strator
rrl
M1
POSITION ACCOUNTABILITY WRITE-UP (Mounds View)
Position Title City Planner Date: July, 1987
Department Administration
Accountable To Clerk -Administrator
Primary Objective of Position
To develop, implement and coordinate a comprehensive planning
program and process in accordance with City policies, codes
and ordinances.
To actively participate with the Planning Commission and/or City
Council in establishing reasonable and equitable development/
planning guidelines.
Ma or Areas of Accountability
Administers City planning program, including uydating and 1
implementation of Comprehensive Land Use Plan, Zoning,
Subdivision and Development: Codes, and Zoning Map and. =T
reviewing subdivision and development requests. Works
with Clerk -Administrator to promote economic development
within the City. Works with developers to coordinate
development plans with City's Comprehensive Land Use Plan. '
Prepares or directs preparation of Planning Commission Z =
agenda, including all staff reports and acts as staff
liaison to Planning Commission and City Council on all
land use and zoning matters. Advises and makes
effective recommendations to the Planning Commission and
City Council.
Establishes and maintains sound administrative practices and 3
procedures conducive to the efficient, effective operation
of the City's planning activities.
- establishes procedures and oversees maintenance
of planning files and records
Reviews and evaluates all development proposal and
zoning issues with specific recommendations for approval,
modifications required to bring proposal into compliance 4
with City policies, codes and ordinances, or denial of
the proposal.
Directs or participates in meetings with citizens and/or
developers regarding development/r.-'ovelopment proposals. 5
Keeps interested parties informed of the status of
development proposals or future planning directions of the
City.
r
Investigates citizen complaints related to zoning activity
of the City with the goal of resolving issues in the best
interest of all concerned.
Drafts resolutions, ordinances and ordinance revisions for
the consideration and action of the City Council and
provides specific documentation and justification for
the proposed action.
Responsible for coordinating and communicating broad
aspects of community planning to the public to ensure
a thorough understanding of the impact of present and
proposed programs.
7
Works with other City departments and staff including
9
coordination and direction of Development Review meetings
to ensure proper coordination of land development and to
ensure that City policies, codes and ordinances are
properly adhered to.
Conducts research and prepares reports on zoning amendments,
10
land use controls, transportation needs, population
trends, etc.
Assists in the preparation and administration of annual
11
operating budget for planing activities.
Represents the City at meetings of state, county and metro
12
area organizations which are concerned with matters
relating to City planning and development.
Consults with the City Attorney as requ±.red to review and
13
assure proper legal requirements are being met in all
zoning activities, or to initiate legal action to ensure
code conformance an-' pro -ides expert testimony on behalf of
the City as required.
Keeps the Clerk-Administrato.- informed of all matters which
14
need immediate attention or are required to effectively
manage overall City operations.
Assumes other duties as apparent or assigned by the Clerk-
15
Administrator.
other Performance Measurements:
--- Citizen complaints and inquiries are dealt with in a fair and
equitable manner, and resolution is based, whenever possible,
on the interests of all concerned.
--- Demonstrates effectiveness in communicating ideas, programs
and plans to the Planning Commission and City Council.
--- Authorized programs are being completed according to plan,
schedule and budget.
A
M
--- All programs are carried out in a manner which creates a
favorable image with citizens and public officials.
--- Provides sound, but creative, imaginative and innovative
leadership to all aspects of the planning function.
Responsibility for Work of Othere:
None
POSITION ACCOUNTABILITY WRITE-UP
Position Title
Department
Accountable To
Public Works Foreman
Public Workp
(Mounds View)
Date: August, 1987
Public Works Director/City Engineer
Primary Objective of Position
To oversee, under general direction, the day-to-day administra
tion of the city's Public Works programs in a manner which
ensures the desired level of maintenance consistent with the
Nome Rule Charter, City codes, council policies, and Federal/
State regulations.
Major Areas of Accountability
Assists the Public Worke Director/City Engineer with the 1
preparaLion of departmental goals and objectives and
annual budget for recommendation to the City Council in
order to estahish the desired level oft maintenance for the
City of Mounds View.
In consultation with the Public Works Director/City Engineer, 2
plans and schedules approved Public Works projects in
each assigned area, e.g. water, sewer, streets, parks, etc.,
to make the best use of available material and personnel.
- supervises public works maintenance personnel on a
daily basis to establish work assignments and schedules
in order to complete work in a timely and cost-effective
manner.
Oversees or personally performs training in the proper use 3
of City equipment to minimize the possibility of damage
and/or downtime and ensures that an adequate number of
maintenance personnel are qualified to operate each piece
of equipment.
Recommends departmental safety regulations and operating 4
procedures that are in Safetlaapplicable
and regula-
tions.
Minnesotaoccupational y and ilealthaws
Coordinates the maintenance of all City machinery and equip- 5
ment and analyzes equipment needs.
- for budgeted Public Works vehicles and equipment 6
purchases, prepares specifications, receives and
analyzes bids and recommends purchases.
Establishes and maintains a schedule for inspection of City 6
streets, parks, and utilities on a regular basis to ensure
proper maintenance and conducts regular personal. inspections
to advise Public Works Director/City Engineer of problems
requiring atte:.tion.
Makes recommendations to Public Works Director/City Engineer 7
on all operating matters of the department including
personnel, equipment and work procedures which will improve
the functioning of the Public Works Department to provide
better maintenance and service.
Assists Public Works Director/City Engineer in requisition 8
of supplies and materials as directed and insures adequate
supply storage for all chemicals, equipment, parts, and
miscellaneous expendable and permanent material.
Collects and submits to data and information neaded to main- 9
twin up-to-date department records which will provide an
accurate picture of all Public Works activities and completed
projects for ravi.ew by the Public Works Director/City Engineer
as necessary.
Responds to after hours emergency calls and assigns personnel 10
accordingly to ensure a quick response to such calls and
maintain positive community relations.
Responds to citizen requests and complaints in a manner
`
consistent with City policies and regulations and
maintains positive community relations.
Prepares and submits periodic reorts as requested. 12
Keeps the Public Works Director/City Engineer informed of 13
all important matters which must be known to effectively
manage the City's Public Works operations.
Performs other responsibilities as apparent or as delegated 14
Other Performance Measurements
--- The described level of maintenance and service is
rl
consistently maintained in all assigned areas of
accountability.
--- Opportunities are recognized to promote a favorable
image of the City and department• through services
provided.
Responsibility for Work of Others
Direct supervision over -
All assigned Public Works maintenance personnel.
�,J
POSITION ACCOUNTABILITY WRITE-UP (Mounds View)
Position Title Receptionist Date: .Sept., 1987
Department Administration
-
Accountable To Administrative Secretary
Prima y Objective of Position
To greet visftors and answer telephone calls, directing indivi-
duals to the appropriate person who, or department which, can be
of the most assistance to them.
To perform overload typing and other clerical duties and assist
in office operations beyond the position's primary duties as
requested and workload permits.
Maicr Areas of Accountability
a
Greets visitors to the City offices and directs them to the 1
individual or department able to provide the most
assistance.
- Provide counter coverage and assists customers with
various requests including, but not limited to,
applications for permits or licenses, payment':f utility
bills and new utility accounts.
- Answers incoming telephone calls, providing assistance to 2
callers whenever possible or directing them to the
appropriate individual or department.
=r
Sorts all incoming mail and distributes same to the proper 3
individual/department promptly.
"=?
Performs overload typing of various correspondence, memos 4
reports, or other documents, as requested, consistent
with provided instructions.
Assists in mailing and receipting of utility bills as 5
,iirected by the Utility Accounting Clerk.
Maintains the l.obbv bulletin boards, information rack, front 6
counter and lobby area as directed
- Maintains the lobby area and front counter in a neat
-
and orderly condition
- Arrange the Council Chambers for weekly and special
Council meetings and clean-up the following morning
- Remove all outdated notices, posters, etc. on a daily
basis
Receives all incoming deliveries and packages and notifies 7
addressee for pick-up.
- Ensures that exterior appearance of packages is
ac,:eptable before accepting delivery.
Assists with voter registration/information/notification 8
as assigned and directed.
Handles minor maintenance/service calls for office equipment 9
including, but not limited to, postage machine, copier,
and microfilm machine and ensures that an adequate inventory,
of supplies is maintained.
Responsible for the receipting of incoming Administrative 10
Offenses as well as filing the same and sending out
late notices.
Performs other duties and responsibilities as apparent or 11
delegated.
Other Performance Measurements ,
- A favorable image of the City is maintained through prompt
and businesslike customer service which creates good
public relations.
Permits and licenses are issued consistent with ordinances
and with close involvement with other City personnel as may
be required.
- Accurate messages are taken for and delivered in a timely
manner to City personnel to ensure the caller receives
prompt reply.
Responsibility for Work of Others
None
POSITION ACCOUNTABILITY WRITE-UP (Mounds View)
Position Title Administrative Secretary Date: Sept., 1987
Department Administration
Accountable To Clerk -Administrator
Primary Objective of Position
To relieve the Clerk -Administrator of administrative detail
through the effective performance of assigned secretarial and
clerical duties so the maximum effort of the Clerk -Administrator
may be devoted to administration of the City operations.
Major Areas of AccountabiLLtX
Anticipates work of Clerk -Administrator and. takes initiative 1
to complete as much administrative detail as possible. -
- Plans work assignments to make the most productive use
of available working time.
Composes or transcribes accurate correspondence, memos, 2
letters and related materials according to established
policies or provided instructions.
- Consults with the Clerk -Administrator, as requited, to
establish workload priorities In the event of conflicting -
deadlines.
Answers telephone ;alls in a businesslike manner and handles 3
those calls and ref.e:.red counter customers, whenever possible j
which do not need the immediate attention of the Adminis-
trator.
Organizes and maintains an orderly records management system 4
for a variety of records and correspondence to ensure
prompt retrieval of information as required or requested.
- Maintains all asssigned records including, but not limited
to, ordinances, resolutions, and minutes in a current
status and provides information from such records as
requented.
Compiles and distributes City Council agenda packets to the 5
City Council, department heads, and other interested
parties to ensure that all are informed of items to be
reviewed at scheduled meetings.
Updates as required and ensures distribution of revisions as 6
directed of,
- City Code Book
- City Council Minutes
I=
- Resolutions and Ordina...•_.s
- Administrative Procedures Manual
- Salary Administration and Performance .._view Program
Manual
- Employee Handbook
Maintains liquor and various business license files and
7
ensures annual renewals are completed as outlined and
required by established ordinances.
- Keeps the Clerk -Administrator informed of upcoming
license renewals or developments which may require .
particular attention or action.
Assists in the set-up and administration of elections
8
consistent with established state law and performs
related duties to include: ,
- Supervision of voter registration and notification
- Recruitment of precinct chairpersons and election
judges
- Preparation of required forms and man, ...s
- Pat_ication and posting of required legal notices
Drafts and publishes legal notices and ordinances according
9
to established procedures to ensure community -wide
knowledge of such information.
Receives phone inquiries and handles customers for other
10
departments when those dersonnel are unavailable and
attempts to pro,iide as='stance and guidance whenever
possible.
Keeps the Clerk -Administrator informed of all important
11
details which need to be known to effectively manage
overall City operations.
Maintains all Administrative Offense records and prepares
12
and distributes monthly and annual activity reports.
Assumes other responsibilities as apparent or as delegated.
13
Other Performance Measurements
- Opportunities are taken whenever possible to relieve the
Clerk -Administrator of detail and prepare materials in
advance of upcoming meetings or appointments.
- Recommendations fcr procedural changes are made which
will make the best use of available time.
- Quality of completed work consistently meets exceptional
standards and is consistently completed by established
deadlines.
- A favorable image of the city offices is consistently
maintained through businessl"Ae and diplomatic relations
with the community and maintenance of a neat and
professional looking office area.
Responsibility for Work of Others
Provides direct supervision over Receptionist.
POSITION ACCOUNTABILITY WRITE••UP (Mounds view)
Position Title Public Works/Enc-:.nearing/ Date: August, 1987
Inspections/Planning
Secretary
Department Engineering/Inspection
Accountable To Public Works Director/City Engineer
Primary Ob'_ectiiee of Position
i To relievPublic Works— , Engineering, Inspection and Planning
personnel of administrative detail through effective
performance of assigned secretarial and clerical duties.
To provide first contact with customers on matters specifically
related to building inspection and planning, or other general
inquiries.
Major Areas of Accountability
Composes or transcribes neat and accurate correspondence, 1
memos, letters, reports and related material as requested
or directed by department personnel according to provided
information, instructions and deadlines.
- Consults with Public Works Director/City Engineer,
as required, to establish workload priorities in
the event of conflicting deadlines.
Assists customers with applications to assure complete and 2
correct information and payment of appropriate fees.
- Ensures paperwork is completed for all building permits,
planning applications and department matters.
Maintains City contractor license and apartment building 3
registrations files and ensures annual renewals are
completed as outlined and required by established
ordinances.
- Keeps the appropriate staff members informed of
upcoming license renewals w.:ich may require particular
attention or action.
Sets up and maintains an orderly filing system for a variety 4
of records and correspondence to ensuce prompt reti:;eval
of information as required or requested.
- Assists in maintaining complete and accurate address
files.
Provides counter coverage to assist customers with 5
building or planning requests and answers other general
questions relating to the City. C'
- Properly receipts all monies received.
Answers telephone calls in a businesslike manner 6
and takes accurate messages and schedules appoint-
ments for staff members unavailable due to meetings
or absences.
Compiles and distributes Planning Commission packets 7
to Commission members, staff, applicants, and
interested parties to ensure all are informed of
items to be reviewed at scheduled meetings.
Drafts I publishes and mails legal notices according to 8
established procedures to ensure the knowledge of such
information throughout the community.
Keeps appropriate personnel informed of all important 4
matters which require immediate attention or action.
Assumes other responsibilities as .,parent or as delegated. 10
Other Performance Measurements
--- A favorable image is consistently maintained in contact
with residents, apartment building owners, contractors and
others.
--- Work assignments are planned to make the most productive
use of available working time.
--- Has a thorough working knowledge of the entire City's filing
system.
W
0
POSITION ACCOUNTABILITY WRITE-UP
Position Title
Department
Accountable
Public Works Director/
City Engineer
(Mounds View)
Date: August, 1987
Engineering/Inspection and Public Works
Clerk -Administrator
Primary Objective of Position
To provide overall planning and direction to a comprehensive
public works, engineering and inspection grogram that will
ensure sound physical plant development, maintenance and
th
service to the public consistent with, City policy
Federal and State regulations.
Major Areas of Account itY
Plans, directs and coordinates a comprehensive public works, 1
engineering, and inspection program designed and implemented
to assure the required services are being provided at a high
quality level; on a sound business basis consistent with City
policy and Federal and State regulations.
--- Participates with Clerk -Administrator and other City
officials in preparing overall policy and direction
for ion to the city Council where
policy caffects tthe public works, engineering andh
inspection programs.
--- Administers policies of the Department so as to provide
fair and impartial services.
- Consults with the City Attorney as required to review
and assure proper legal requirements are being met in
all activities, or to initiate legal action to ensure
code conformance.
--- Provides expert testimony in court cases as required,
acting on behalf of the City.
-- Oversees and directs the effective enforcement of all
State or local building, fire and housing codes and
ordinances as established or adopted by the City.
Is responsible for the calculation of assessment reappor- 2
tionments based on established procedures to ensure an
accurate and equitable division and reapportioning of
such assessments.
Prepzres and submLts a sound and Cocumented budget and
controls expenditures within approved budgetary
limitations.
Provides professional engineering counsel to the Clerk- 4
Administrator and CiLy Council on projects and programs xro�
as requested withthe objective of developing sound and
innovative programs, with alternatives, which can be
shown to meet the needs of the community most effective-
ly.
--- Directs the maintenance of appropriate engineering
files, records and maps for ready reference when
needed.
--- Establishes design and maintenance standards for all
engineering projects to assure the desired level of
performance and utilization.
Drafts resolutions, ordinances and ordinance revisions for 5
the consideration and action of the City Council-
--- Provides specific documentation and justification
for all resolutions, ordinances and revisions.
Continually reviews existing codes and ordinances for. 6
consistency and ease of interpretation and recommends
modifications wherever necessary.
Reviews availability of Federal, State or other funds for 7
engineering and public works use in the City and
determine the appropriateness of applying for such ,
funds. 9.
--- Makes recommendations to the City Council relative
to applications for such funds to support programs
that can be shown to benefit the City.
Plans and details projects in a manner which identifies 8
result< to be achieved, related costs and what, if any,
outside contractors will be needed to complete part or
all of the approved or proposed projects.
Consults with outside engineering firms, planning agencies 9
and others concerned to coordinate their work within the
gener:^1 parameters set down by the City Council.
Maintains cooperative working relationship with nearby 10
communities which encourage suggestions and/or guidance
which would be helpful in planning the engineering and
public works activities of the City.
Attends City ^ouncil meetings in ..:der co provide the most 11
accurate information on cases under review or provide
guidance and assistance with information on future
planning and development.
Keeps the Clerk -Administrator informed of all matters which 12
need immediate attention or are required to effectively
manage overall City operations.
A'
Attachment 1
November 6, 1987
SPRING LAKE PARK FIRE DEPT., INC.
OPERATING BUDGET - 1987
LINE ITEM
1987
PAYROLL
$235,106
UTILITIES
9,605
SUPPLIES/REPLACEMENT OF GEAR
21,433
COMMUNICATIONS
5,300
TRUCK MAINTENANCE/GAVOIL
27,000
TUITIONS/DUES/CONFERENCES
2,500
BUILDING MAINTENANCE,/SUPPLIES
16,400
FIRE INSPECTION/TRAINING
8,486
HEAT
8,15U
INSURANCE/LEGAL/ACCOUNTING
114,652
MEDICAL
1,800
UNIFORMS/BADGES
1,000
WORD PROCESSOR/COMPUTER
3,891
VO)V•1l
CONTINGENCY FUND
APPROVED BALANCE $20,000
MISCELLANEOUS INCOME + 945
INTEREST/SHORT TERM LOANS - 1,789
BALANCE AS OF 10/31/87 $1°,156
PROJECTED YEAR END BALANCE
EXPENSES
PROJECTED
To 10/31/87
BALANCE 12/31/87
$232,217
- $25,103
7,868
+ 200
24,296
- 3,862
3,738
+ 1,200
32,815
- 7,500
2,500
0--
11,490
+ 1,000
6,913
-0-
I
2,81b
+ 3,000
109,852
-0-,::
:
Yz
1,663
+ 137
1,319
- 319
4,783
- 892
- $32,139 -
+ 19,156
- $12,983
Attachment 2
November 6, 1987 n,
i
COST DISTR74UTION
AMOUNT NEEDED TO REPLENISH CONTINGENCY POND
-
ASSESSED VALUATION
FIRE CALLS
COST
CITY
(A.V.)
(F.C.)
BLAINE
63.0
63.8
A.C. 63.0 + 63.8_
X $20,000
$12,680
2
=-
v�
,
HOUNDS VIED
24.0
22.0
A.C. 24.0 + 22.0
X $20,000 -
$4,600
2
i
STRING LASH PARR
13.0
14.2
A.C. 13.0 + 14.2
X $20,000
$2,720
2
TOTAL AMOUNT TO REPLENISH CONTINGENCY FUND
(calculations are based on 1987 cost distribution figures)
v
MEMO TO: MAYOR AND CITY COUNC
6t;,f FROM: CLERK-ADMINISTRATO
DATE: NOVEMBER 12, 1987
`J
SUBJECT: SPRING LAKE PARK FIRE DEPARTMENT CONTINGENCY
FUND
Attached please find a memorandum from Fire Chief Ron
Fagerstrom requesting that the three cities replenish the
Fire Department's Contingency Fund. The attachments
included with Chief Fagerstrom's memorandum outline the
current status of the Department's 1987 Operating Budget,
the cost distribution for the $20,000 being requested to
replenish the fund and a billing statement from the
Department in the amount of $4,600.
As you may recall, during the budget negoti;ition process
with the Fire Department I indicated to you that Chief
Fagerstrom had indicated we would be receiving a request for
replenishment of the Contingency Fund. During those
negotiations the three cities discussed in detail with Chief
Fagerstrom his current financial status and based on the
information provided, as well as the provisions of the
contract betweent he City of sounds V'aw oad the Department.,
commend that the
r find that I have no other choice but to re
Council approvr, replenishment orequested the
Fire
aDepartment's
-mount of $4960J.
Contingency Fund by paying
RECOMMENDATION:
Staff r_commends Council approval of the payment of $4,600
to the Spring Lake Fire Department for replenishment of
their Contingency Fund.
DFP/mjs
Enclosure:
1= l i
`\�l
r
1987
DATE: November 6, C-
t
Fund Replenishment Request
SUBJECT: Contingency
Richard P. Johnson
- -
TO:
Blaine City Manager
Donald FPauley
Mounds View Clerk -Administrator
t
Donato u. S..e-•• - -
Spring Lake Park Clerk -Treasurer
-
FROM; Ron Fagerstrom ^ /
�V
Fire Chief
operating budget analysis year-to=date with
the thres cities..,
Attached hereto is the
through December, the cast distribution to
Fund. you will recall, we
Z1
projections .As
a billing to replenish the Contingency;
o this past summer.
�µ
and
discussed this our budget meeting
Volunteer
'
,Pay,
Gear. Through the
The three large items causing the bulk of the problem are
lines.
a;
end Supplies/Replacement�of
Apparattre Repairs/Gas/Oil, 31 percent which impacts on all
up has. to be
,
end of October, fire calls are
coven costly, was not budgete4 for yet
has provenr loans we
for short erm.
Another item which
Contingency . is the interest
paid from the
forced to take to maintain our cashflow. Fund
were
approaching, we will need the Contingency
the f
With the end of the year
you realize, I wia not know
December. As Y tothe
the payment__•.
replenished in Even with
deficit until sometimr in January.
still have to secure a loan to
of the we will
Fund by the cities, co maintain a reasonable
:-
Contingency
the projected year end difference and
make up
cashflow balance.
RF/js
Attachments 3
® y
GLP-3. Open Meetings (B)
The League recomneads that the Open Meetinq Law be
City officials strongly support the basic premise of the Open. Meeting
Law --to assure the publics right to be informed about the conduct of
Public business. Experience with this law since 1974, however,
indicates clearly that there are areas where the legislatic should
be amended in the public interest. The League believes the most
important instance where the public interest would iie better served
by permitting a local governing body to meet in executive or closed
session, is when information classified by the state data practices
act must be discussed.
These in_ta.^.cr-G in
clude certain discussions relating to employees
"hiring" interviews, annual reviews, and discipline or discharge
discussions. These situations under current law often require the
cou-:cil to choose between violating either the open Meeting Law or
the Data Practices Act. A specific exception to the open meeting law
should be provided for discussions of protcctcd drta.
Additionally, -he League opposes any legislative attempt to alter the
recent court ruling that the Open Meeting Law applies only to
meetings where a quorum of the governing body or its established
committees iF present. The ruling clirificd the law which was often
viewed as applying to any meeting between two office holders.
Limiting the applycation of the law to gatherings of a quorum or more
is a common sense approach to implementing the statute and should not
be altered.
GLP-4. Tort Liability and Insurance (B)
while many debate whether there has been an "explosion," it is fairly
well established that the growth of tort litigation over the past
several years has resulted in increasing liability for governmental
entities, private businesses, and individual citizens. Additionally,
business practices of insurance companies have played a significant
role in insurance pricing. The League supports 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 doctr:ie of sovereign
immunity with its inconsistent and irrational distinctions between
governmental and proprietary activities. The Act has served that
-23-
GLP-4. Tort Liability and Insurance (B) (cont'd) n
V
purpose well in the past. However, courts frequently forget or ignore
the positive benefits secured to citizens as a result of the Act,
which includes liability exceptions and limitations.
The special vuli,eraoility of far-flung government operations to
debilitating tort suits continues "o require the existence of a tort
claims act, applicable to local governments as well as the state.
The League recommends:
I. Continuing our system of clearly defining and limiting the scope of
public liability through legislation;
2. Modifying state laws gruviding for punitive damages. Punitive
damages, intended to punish and deter egregious conduct, have not been
effective because the standards of applicability have been too vague.
The League does not oppose the total elimination of punitive damages,
but would prefer that the Legislature specify that punitive damages
may be awarded only when the conduct involved manifests malicious and
flagrant indifference to safety, and place monetary limits on such
aware: and
3. Eliminating joint and sev-r,:l liability except in limited
circumstances. The fault -based system of damage awards has apparently
eroded. In order to facilitate the return to a fault -based system,
joint liability should be abolished in cases where defendants have 0'
not acted in concert, and a modified comparative fault system should
be used to evaluate the actiGns of other persons involved with the
injury and assess damages, only in proportion to the amount of each
person's fault. At the very :east, the legislature should retain the
1986 modification to the comparative fault statute that eliminates
joint liability for governmental defendants when they are less than
35 percent at fault.
4. In order to protect any enacted legislation from constitutional
equal prc�ection cha=lenge, the legislature should establish
rationals defining the problem being addressed and the intent of the
legislature.
GLP-5. Mandates (B)
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 state Legislature for
local budget priorities. Recent examples of costly mandated programs
include comparable worth, employee right to know, legal compliance
- ?4 -
GLP-5. Mandates (B) (cont'd)
audits, and newspaper publications. Sppaial bills to address this
problem on an ad hoc basis have not provided a permanent or
statewide solution to these problems.
The League therefore supports the continuation and improvement of
legislation which requires the state to adopt a policy of deliberate
restraint on its mandated programs. This includes providing a
mandatory fiscal note identifying local government costs on any new
mandated programs when they are introduced in the iegislature, and a
statement of compelling statewide interest to accompany all state
mandates. The League further supports the recently adopted Governor's
Advisory Council on State .nd Local Reiations recommended guidelines
for mandating for the legislative and executive branches.
Revenues or alternative revenue producing m6charisms, other than the
general property tax subject to levy limits, must accompany new
mandates. Also, the legislature should repeal obsolete, unnecessary,
and unduly restrictive mandatory laws and rules.
GLP-6. Purchasing Authority of Plan B Managers (B)
The League supperts changing the purchasing authority of city
managers in Flan E cities from $21000 to conform to the figures in t
the Uriform Municipal Contracting 7,,.
Currently the law allows Plan B city managers to make purchases under
$1,000 without council approval. This provision has not been changed
for many years and inflation has seriously eroded the utility of the
provision. The la.4 should be amended to increase the figure to the
dollar amounts in the Uniform Municipal Contracting Law which allows
purchases under $15,000 to be made relatively easily. r
GLP-7. Government Training Service Funding (B)
The League supports continued state financial funding for the
Government Training Service.
The Government Training Service (GTS) has been invaluable in
maximizing training opportunities while minimizing training costs for
local government off``-cials and staff over the past ten years. Both
the need and the demand for services are greater than ever during
these times of tight budgets.
GTS continues to respond on behalf of all local jurisdictions in
Minnesota by developing innovative, low-cost alternatives and
exploring cost-effective delivery systems. The legislature should
continue state financial support for GTS.
- 25 -
r
I- The League of Minnesota Cities opposes "high, year" benefit
five" formula. The adoption in 1973ade Lhe ate pension benefits for
formula for PERA has 1pprovidedu err.ther shortening of the averaging
career municipal mp Y
windfalls for some service
a members andmaimultiply
period would create
mize
opportunities for manipulation Of
al contributions to oto themfund.
pension benefits without proportion
2. Any increases in PERA benefits should be granted only to the
extent that proposed contributions and currennion t reserves aone re
sufficient to fully fund the increases in the oplof the fPERA
or. more
recognized pension actuaries who are independent
organization. Any benefit increase or contribution reductions
permitted by excess reserves or excessive current contributions or
such uas to
combinations of the two should beaopercentageofsoverallbenefit employeehe
employer and employee equally a
;salary. _
3. PERA should not be authorized to create any additional health care
plans for retired employees. HoweI'.r, direct transfer of premiums
request of
from PERA �o the Minnesota Comprehensive Health Association or e
new statewide insurance plan should be authorized at the requ
any PERA member from the member's own account.
The present PERA retirement system n effect provides a cafeteria
plan approach to retirement benefits. Those who neAurchasouthese
retirement annuity or life insurance
actuariallyrreduced purchase
retirement
benefits from PERA , accepting health
benefits. Retirees who are not eligible to remainare the group can
Insurance plan of the local unit from which they are adequate to
always use their retirement funds to the extent they
buy health coverage through the Minnesota Comprehensive Health
Association or the statewide
zof ageuandclessan'Personswhen t65sandeover� for
persons that are 65 y
without automatic medicare coverage can buy that coverage at
reasonable cost.
ially benefitted classes of
4. Legislation creating new, spec
ees
employees, as in the case of the newly created correctional employees
can
plan, should not be implemented
becauses for theinclusionroups of employees can
make equally cotl,pelling
-1973
5. If any increase, is but lrather
the t
resulting ro riation from the state general `r
should be financed by a direct, app p
fund.
26 -
GLP-8. PERA Benefits, Finanuina, and Administration (B) (cont'd)
6. The LMC supports the continuation of the Minnesota post -retirement
investment fund as a means of providing post -retirement increases in
the pension benefits of retirees under the statewide pension funds.
7. No money or funding should be transferred directly o-: indirectly
from PERA to less well -funded plans. Since integration of pension
fund administration mechanisms, or subjection of all funds to the
authority of a commissioner within the state executive branch may
lead to combining the funds, the LMC opposes any move toward the
combinination of administration of the three statewide pension
programs. PERA funding should not be put in jeopardy by refund of
employer contributions upon privatization or disolusion of an
employing unit.
S. The legislature should amend the
of the two percent tax provision on
allow expenditures by the recipient
excess over the employer's share of
police department purpose, instead
police and fire fund.
Since the PERA police and fire fund
funding, employers' and employees'
an amount sufficient to pay normal
(taxpayers) through payment of more
to this fund is creating a surplus
present provision on disbursement
automobile casualty insurance to
political subdivision of any
police retirement costs for any
of requiring payment to the PERA
has now essentially achieved full
contributions should be reduced to
costs. Furthermore, the employer
than 50 percent of contributions
not needed for pension purposes.
9. Individual local police and fire relief a.sscciations, with city
consent, should be allowed to merge into the PERA police and fire
funds only 'ender the uniform policy enacted at the 1987 session.
10. The League opposes any change in the PERA Rule of 70 or the
current early -retirement :eduction factor. PERA is the only statewide
pension fund with members eligible for the Rule of 90 and with a
one-fourth percent pension reduction per month under Lge 65
early -retirement reduction factor. Members have provided substantial
service in reliance on these beneficial and supposed permanent
fund features.
GLP-9. Local Government Pay Equity act (B)
The League also supports legislation requiring arbitrators to
consider and comment on the results of the employer's pay equity
study, and other legislation ensuring the ability of cities to
maintain the .:quitable compensation relationships required to be
implemented by the local government pay equity act.
-27-
GLP 9 Local Government Pay Equity Act (B) (cont'd)
The 1984 Legislature required all local units of government to
conduct job evaluation studies and to implement those studies in
order to remedy sex -based differentials in compensation. Cities have
expended a great deal of staff time and money in undertaking the
studies and seeking to implement the studies. It has proven to be a
complicated and expensive process.
The primary issue facing cities, aside from funding the implementa-
tion, is ensuring the implemented studies can be maintained. In
negotiations and settlements with most employees, the governing body
is ultimately responsible for the compensation provided to employees.
If the governing body, through a settlement with a particular employee
class, creates ineq'jity as defined by th- it will be
responsible for that inequity and ultimate lave to increase or
freeze compensation until equity is once again achieved.
This is not the case with essential employees organized under the
Public Employment Labor Relations Act. These employees, to the extent
that agreement- with the local government cannot be attained, have
their compensation established through mandatory binding arbitration.
The end result of the interplay between these statutes could be that
the overall level of compensation for all employees, not just
essential employees, will be set not by the local elected officials
required to raise the revenues to pay for employees' compensation, but
rather by a=bitratu-s.
The League strongly opposes any legislation which has the effect of
l.-
promoting this result, strongly opposes legislation which excludes
police, fire, and other essential employees from the pay equity act,
and supports legislation which ensures that local officialscharged
[
with setting property tax levels also set local government _ ployee
compensation levels.
GLP-10. Time and Distance Residency Requirements (B)
In recent years the legislature has limited the authority of cities
and other local units of government to impose residency requirements
for their employees. The legislature has recognized, however, the
need for insuring the ability of certain employees to be available to
respond to emergency situati.ns.
In 1984, in the same bill which prohibited non -metropolitan cities
from enacting blanket residency requirements, the legislature
specifically allowed non -metropolitan cities to enact reasonable area I ,
and response time restrictions if there were demonstrated job ,
-2b-
GLP 10 Time and Distance Residency Requirements (B) (cont'd)
necessities for employees to reside close to the city. Unfortunately,
a drafting error prohibited metropolitan cities from enacting these
restrictions. In 1985, the legislature acted to allow metropolitan
communities to impose reasonable time and distance requirements for
volunteer firefighters.
The result of the 1984 and 1985 legislative actions is a situation
wnere metropolitan communities still cannot impose reascnable time
and ais`_ance requirement:, for their police officers, paid
firefighters, or any employee, with the exception of volunteer
firefighters.
The League recommends that the legislature grant metropolitan cities
the same authority granted non -metropolitan cities to impose
reasonable time and distance requirements where the city can show a
demonstrated job -related necessity. Because these requirements must
rJass this difficult test Pnd directly affect the public safety of the
community, these requirements should, under no circumstances, be
considered as mandatory subjects of collective bargaining.
GLP-il one Class of Bleer/Wina 1h Grocery Store (B)
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 presently sold. Also, 3.2 on -sale establishments would be selling
strong beer in competition with on -sale liquor establishments and
municipal liquor atores.
GLP-12 Firefighter Certification (B)
Recent proposals to establish a state professional qualifications
board charged with certifying both voluntary and full-time
firefighters, are unnecessary to assure proper training of local
firefighters and could too easily be changed into mandatory
certifications programs.
The League supports efforts by the state to make training programs
more readily available for local firefighters as well as financial
assistance by the state to encourage local governments to provide
additional training for firefighters.
_P9_
GLP-13. Military Leaves (B)
Under current law (M.s. 192.26 and 192.261) a city employee, as well
as other public employees, is entitled 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 -teen paid
military leaves.
Public employees should only be required to pay the difference
between the employees military pay and their regular wage for this 15
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 emergencies,
active duty training, and duty training should be charged to provide
for mandatory leaves and zeinstatement- only after wars and declared
emergencies. Employees should not be entitled to leave and be
reinstated for active or inactive training duty.
GLP-14 Workers' Compensation (C)
Existing workers' compensation statutes create a presumption that
heart and lung ailments of police and fire personnel arise from
employment. However, personal risk factors, such as smoking, can be
more significant in some cases than job -related factors. For this
reason, the League supports limiting the presumption to cases where
the employee can demonstrate limited personal risk factors.
GLP 1- Modifications to the state Building Code (C)
WO
The League supports the current ability of non -metropolitan citiesl
counties and towns to o t-out of the ins ection and enforcement
responsibllltles mandated by the State Building Code.
J
- 30-
GLP-16 Social Investing (C)
Without each employee's consent to other priorities public employee
pension funds should oe invested solely for the purpose of maximizing
investment return.
Investment management responsibility for public employee pension
reserves should be removed f-,m .,he state Board of Investment and
lodged in a politically independent board the membership of w:.ich is
limited to persons qualified to manage investment portfolios for
large pension programs.
GLP-17 Emergency Medical Services (C)
Cities as a group are the single largest provider of ambulance
services in the state and form a vital part of the network of
emergency services. To maintain &nd improve the emergency services
network for all residents of the state, the legislature must provide
funding for training and equipping emergency medical personnel. State
grants and aids should !-a available to enable all cities to ha e
access to adequate emergency medical services. Additionally, with the
increasing interest in paramedic services, the legislature should
( assist in providing easily accessible training on a statewide basis at
minimum cost in order to meet appropriate qualifications.
GLP-18 Towing of Abandoned Vehicles (C)
ci
Minnesota Statutes 465.75 prchibits a private vehicle tower from
removing a motor vehicle from private property unless he has the
permission of the owner of the vehicle or of the owner of the
property. While t:iis statute intended to prohibit hawkish towing
companies from improper towing practices is laudable, the
ramifications of the law go too far.
Cities are authorized to impound abandoned motor vehicles and
Minnesota :statutes 168B.04 provides a detailed process to accomplish
the removal of health hazards and eyesores. Unfortunately, the recent
legislative act could LC construed to prohibit cities from utilizing
private towers to remove and impound abandoneC or junked automobiles.
Cities could be forced to use its own employees and equipment because
it is not "in the business of towing." The law should be amended by
adding an exclusion for private towe who act at the direction of a
city following the procedures prescribed in hinnesota law.
-31 -
GLP-19. Joint Powers Act (C)
In conducting a review of the currant act, the League urges the
Governor's Advisory Council on State -Local Relations or the
Lecislature to consider the policy behind establishing such boards
and the need to encourage cooperation between governmental units. The
main goal of the study should be to encourage the use and
establishment of joint power boards.
GLP-20. Cable Communications (C)
The League supoorts continua ion of the existing Minnesota Statutes
chapter 238.
Cities in Minnesota enjoy among the most modern and technically sound
cable communications systems in the world, due to strong partnerships
and commitments among cable operators and federal, state, and local
governments. These relationships are defined at the federal level by
the Cable Communications Policy Act of 1984, at the state level by
Minnesota Statutes Chapter 238, and at the local level by local cable
franchise ordinances.
In 1985, the Minnesota Legislature abolished the Minnesota Cable
Communications Board, an appointed body of the Department of
Administration which promulgated and enforced Minnesota Statutes
Chapter 238 and its accompanying rules. This legislation codified
some previously existing board rules into statutory form and
reassigned responsibility for the enforcement of Minnesota Statutes
Chapter 238 from the board to the commissioner of commerce.
Minnesota Statutes 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.
No changes should be made to Minnesota Statutes Chapter 238 until a
th-)rough and coop3rative effort involving local and stag, government
and cable operators is completed. Such an effort should include
analysis of present federal and state law and contemporaneous judicial
and business environments.
- 32- V
GLP-21. State Licensing of Contractors (C)
L. The League opposes the state's takeover of trade c itractor licensing.
Licensing of general trade contractors and various other activities
has long been a local prerogative, and the mechanism for license
review, issuance, and enforcement is already in place. The primary
reason that local licensing has been successful and therefore
maintained at the local level is that inspection and enforcement
personnel reside at the local level, know the area and activities,
and are familiar with local ordinance and restrictions, thus
providing better and faster enforcement.
Suggestions have been made to form a statewide licensing authority
and r-lit the revenue among the licensing agency and various
municipalities with the cities maintaining enforcement tasks. It is
questionable under this arrangement if either the agency or
municipalities would have enough funds to accomplish the respective
tasks. The current proposals seem to overly complicate the existing
system which is effectively regulating the contractors and may result
in a reduction of small contractors who operate in only a limited
number of communities.
- 33 -
IIII FOP;:
IIII
league of minnesota cities,,
LAND USE, ENERGY, ENVIRONMENT, AND TRANSPORTATION `4
POLICY PRIORITY
_ A
J.'JEET-1. WASTEWATER TREATMENT
LUEET-2. LAND USE, PLANNING, AND ANNEXATION
A
A
LUEET-3. TRANSPORTATION Sj
LUEET-4. SOLID AND HAZARDOUS WASTE MANAGEMENT B`
r�
B
i LUEET-5. GROUND AND SURFACE WATER MANAGEMENT r
B
LUEET-6. PESTICIDES AND OTHER HAZARDOUS J,
MATERIALS aL`
C !T w
LUEET-7. EMINENT DOMAIN LAW
C
LUEET-8. ENERGY CONSERVATION
.Fr==:c
.f
35 -
163 universicy avenue east. st. Paul, minnesota 551 01 i612] 227.5BOD
L
league of minnesota cities
LAND USEj ENERGY ENVIRONMENT AND TRANSPORTATION
LUEET-1. Wastewater Treatment (A)
Clean water is vitally important to the citizens of this country and
particularly to residents and visitors of Minnesota. Minnesota's
cities remain committed to improving water quality. Unfortunately,
the costs involved in providing cleaner water are staggerinT. Because
of the incredibly cost, it must be recognized that 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 must be
recognized as contingent upon the availability of adequate funds for
treatment facilities. Since 1978, federal funding for the wastewater
treatment construction grant program has been cut in half.
Additionally, the federal share of construction grants dropped from
75 to 55 percent ,n fiscal year 1985. The same budget constraints
facing the federal government exist at the state and local level but
to a greater degree due to a limited income base. The League
supported, and continues to support, state efforts to establish a
stable funding program with 80 percent state/federal funding and 20
percent local funding. General fun9.ing to support this program is -i
essential, either from state bond's or general re ... tnues.
1. Equalization Efforts. Cities which received financial 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, received grants that allowed local
financing to br no more than 20 percent of the project costs.
Principles of fairness dictate that these grant recipients receive a
small supplemental grant from the state to reduce the local snare to
20 percent, thus equalizing the benefits among communities.
2. The League also supports alternatives to grant programs.
Revolving loan funds are acceptable financing alternatives to the
extent that grant programs are not suffici-ntly funded and the loan
program is suppismentary to, and not a replacement for, grant
programs. Any loan program should take into consideration varying
local financial capabilities.
-37-
1 83 university avenue east, at. Paul, minnesota 5511 01 (612) 227.5600
A cont Id
Treatment or minimize preliminary
��astewater eek to
LUEET-l' efforts to elimynatrants should s by the
The Leg supports conswith al Pryor veient to
orts eff traction g re
League The minim, mbursem utants
3' eview proc construction and pr°vide re1reducing PO
the
encoura9 pollution of Proven perouId be struon and innova grant r e immediate con Agency anc red tive
tdinnesi es on the basis The progra,a, g privatizati ,
COmmuniti effl0 discourag of water
in wastewater to avoid
extent practical the legislature local
ods. b of these fee costs can
treatment meth full review Y t;,on
The League uesoand °PP°extent that° Pie asuan s'+t to state be pve rop°rly
4uality Permit ent, t° #'he � and only sae determinedsolsly on the
9 overine- .'stir- fees if fees ar a based olitycal
u t be
to the P lable
,' t be S the stateito raise revenue'the fees mns d be made avai
on Seto en al u�itovernmental servishoul
imposed actually PrOVI to sector alternatives
riva local taxpayers. al
cost of and P state or federeased fees
subdivisiOninimal costs t° either cr imP°se rds
m the increase
to ensures efforts by t actions t effluen
e League oPP°s- enforcem.nfa:lure . mees a low priority on
institute for t. `
5. - ents to, these
overnm ainsttin assigningfunding-
or charge the same federal
while a t for state and
the needs list
,^.nd AnneX
ation A
Land Use plan ants to the
Win
LUEE lected-a.r000sals �hautrE
adrf
1005��
�edurai ���.__
nd
statutesant,
d annexationsBevel pmeecocient
use, planto romotiand ensuring the urdge b ,s land tial to prom
which enco
Minnesota are essential
resouPublic I eas a
which extend Public
regulatynglOnsenvyr lic services. areas and areas are a
delivery -of development y°urisdioty a Ori- incICde
sons and servi�ultural land as a
teal tingA and 3m state must
survice end exis dditionally, P the tural land•
services bey roductyve. ce P e ag icul
c resource rim r t
and counter-P economirvation del ea
major natural andthe proset0 the problem °f fringe
major objective, jven to urbanizing
should beg services of prime
attent.10ernmental ervationh land outside®
and vartic-alar
f go encourage the Pres of such
law should continue t° ens°the development
toobeaserved a city-
state 1 ural land and S by
agriC9rOwth areas
designated
38 -
LUEET-2. Land Use, Planning, and Annexation (A) (cont,d)
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
govr•nment by living in the fringe area around a city; and
2. That the statutes authorizing concurrent detachments and
annexations be reviewed to determine whether it is appropriate for
individuals to petition the municipal board to institute the
statutory procedures. The League recommends providing for veto power
over the landowner's petition by the affected cities.
The Governor's Advisory Council On State -local Relations undertook a
thorough review of the state's planning and zoning laws. The league
participated in this study. A subcommittee of local elected
officials was formed to review the recommendations developed by a
technical committee, composed of planning officials from townships,
cities, counties, regional development commissions and the state.
Those recommendations have been collected in a report on land use
legislation, and draft legislation has been prepared, with
intxcduction in the 1988 session probable.
/ 1n 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 of the law that
limit a city's ability to taik.a procedures and controls to meet
local needs.
Specifically, the League supports the following:
1. Changing the requirement of undue hardship to a more reasonable
standard. This would loosen the current standard to reflect common
practice in granting variances; and
2. Requiring the adoption of a comprehensive plan .in order to have
zoning or other land use controls. The comprehensive plan can be
used as a statement of goals, objectives, and policies, and present
and proposed land use maps. Recent cases have called into question
the common practice of passing ordinances without a supporting
comprehensive plan. Metropolitan cities have had this requirement
for several years; and should continue to be covered by the
Metropolitan Land Planning Act. Cities would have a five year grace
period, after which failure to adopt a comprehensive plan would
invalidate all official :ontrols.
The League strongly opposes:
1. Requiring the creation of a separate board of adjustment. This
requirement would unnecessarily limit the authority of a city to
- 39 -
LUEET 2 Land Use Planning and Annexat.'on (A)
cont'd
establish a structure that meets its unique situation. In addition, r
smaller communities may find it difficult to recruit board members.
An intermediate appeal to the --rnrncil should be allowed by ordinance;
Prohibiting the practice of conditional zoning. Conditional
2. and safeguards against changes in
zoning provides added flexibility
development proposals. Cities should be authoriz•:d to use
conditional zoning at the discretion of the local government;
3. Requiring that Toning controls be consistent with the
comprehensive plan. The courts have used inconsistencies between the
plan and ordinances that almost inevitably result to compel
rezonings. As a result, the legislature clarified that zoning
ordinances will control in situations where uses in the two documents
are not consistent. This apparently has solved the problem and
should be retained;
4. The fringe area growth proposal. This proposal would allow any
single local government unit to force the creation
governaland joinwithin a
advisory board to review existing
quarter mile of the city boundaries and existing controls that govern
land within ti-to miles outside the city limits. Any two of three
local gcrarnments could force the creation of a joint
ttplde
signated
which would serve as a joint planning commiczion
area. Board recommendations would have to be acted on within 45 day
by the governing units represented on the board. �r
The joint board should not have any advisory or other authority
within the city boundaries since the purpose of the board is to
evaluate existing cmanage ontnfringe area growthd make ions andcn controls
necessary to properly g
S. The lar:guagc requiring the designation of a chief administrative
officer is vaguely drafted and could lead to misunderstandings
regarding the internal administrative structure in communities. The
language shoul9 be clarified to state that municipalities must
designate staff to administer the official controls, but not to imply
that the individual(s) is the chief administrative officer of the
community.
LUEET-3 Transportation (A)
an
An efficient transportation syste-i is a vital element in planning for
the fiscal, economic, and social development at state, regional, and
local levels. Since the agricultural and recreational economy of the
state and its cities are dependent upon highway transportation, it is
necessary to determine the long-range highway needs to assure the
vitality of the state's economy.
- 40 -
LUEET-3. Transportation (A) (cont'd)
Furthermore, environmental concerns and the need to conserve energy
require that alternate modes of transportation be utilized in meeting
the diverse needs which exist in various communities and regions of
the state.
Governor Perpich and other political leaders have listed the lack of
an adequate transportation funding program as the single biggest
failure of the 1987 Legislature. Funding inadequacy was almost
assured when the governor proposed suspending the transfer of the
estimated ;225 million generated by the motor vehicle excise tax
(MVET) from the state's general fund to the highway and transit fund.
The legislature agreed with the non -transfer of MVET and these IdVET
funds, along with an approximate $700 million dollar tax increase,
used to balance the state's general fund.
The Minnesota Department of Transportation recently cancelled
approximately $90 million in proposed highway projects because of the
shortage in road funds. Many of the projects were in greater
Minnesota. Metropolitan projects were spared somewhat because many
qualify for additional federal funds.
Additional road funding is necessary. The administration has
apparently abandoned as a possible source the transfer of the MVET.
Tiad in with the funding issue are the issues of jurisdiction studies
and turnbacks, and potential constitutional amendments regarding
dedication of the motor vehicle excise tax to the highway fund and
the current allocation formula (62 percent to the state, 29 percent
to the and 9 percent t.. cities over 5,000 population) for road funds.
Jurisdictional studies that attempt to establish the level of use for
particular roads (i.e. classifying roads as collectors, arterials,
etc) will soon be completed. Some advocate the assignment of road
maintenance responsibilities to the level of government that best
matches the jurisdictional clossification of the road. The League
recommends the following.
1. The League supports the continued dedication of the sales tax on
motor vehicle sales for transportation purposes, and advocates the
prompt transfer of the motor vehicle excise tax into --he highway user
and transit assistance fund.
The Legislature has made some effort to provide transportation
funding recently by increasing license fees and the gasoline tax.
The league opposes further increases in the gas tax at this time.
2. The League supports legislative efforts to establish a system of
direct appropriations to cities under 5,000, either through a
constitutional amendment modifying the 62-29-9 formula, or out of the
current 29 percent county share of the highway user funds, or at
least to the extent that townships receive direct appropriations.
Mandatory state guidelines concerning county use of road fands should
be required to insure that all communities within a county receive an
- 41 -
LUEET-3. T1 rta*'°� LA= �cnt�A least. Further, the state`
equitable share of these funds at the fundingeparticipation requirements
should establish minimum tprojects.
for state and federal highwaythe possibility of
use
3, As an alternative to increased state funding, use The
reclassifyinn many roadways in the stbeen studiedate as to appropriate
classifications
fordcitiesdtotassumeresponsibilitp for p9e1eYa1
capacities of cities. Rather than saving money, turnbacks
maintenance and life cycle treatment far exceeds the current
financial cap tax payer rather than the users --
merely make the property For these rzasons, no wholesale
responsible for financing highways. '
program of hiyhwal' turnt�cYs should be instituted at this time.
tc
ld
increasing the level of funding in the
Instead, existing mech^^'sms for the or�arly i_rback of roads shoo
be fine tuned, including and prci':iLiti:; un.ilsteral revocatiot:s or
municipal. turnback account, is held and the road
turnbacks by road authorities unless a hearing
is brought up to its normal maintenance standards before the _
re
vocation is effective.
Other changes needed to facilitate turnbacks include:
a) state aid rules should be changs.a.h. funds ed to allow counties to upgrade
aeX
county state aid highways usinC.as currently
r to with
city concurrence and without penalty
riles; ion of the highway motor vehicle
b) The League supports use of a portand;
excise tax to provide an adequate so
ur:a for turnback funds,
c) Tre League supports allowing cities to determine if a turnback
road will be 6 signated astatthecd or
road asaa statecaid al sroad, this if
the city chooses to designateprocess, so
designation shoucdnot ties willbeablehe ttodard continue to designate a
that developing
percentage of new road growth as part of the state -aid d to system.
4. The special state bonding program should be continued t
funds for counties, towns, and cities for the replacement or repair
of bridges.
5, Hass transit funding should remain a priority for the state.
Funding
for the existing level of operation for mass transit shoal governments.
be maintained at a fixed share formula for local
tment
6. The legislature should-sharecontinuprograme the icoordinatinnesota ngragency, fand to
Transportation as the ridfOrhits continuation.
provide adequate funding
7. The possibility and feasibility of utilizing existing railroad
of a fixed guideway and/or light rail mass tran
trackage as part
sit
- 42 -
LUEET-3. Transportation (A) (cont'd)
system should be addressed. if existing railroad trackage/right-of-way
are petitioned for abandonment, these or portions thereof, should be
preserved by appropriate government agencies through alternate public
use, until rail systems once again become economically feasible or
needed because of energy considerations. -
8. The legislature should restore the bikeway grants program in order
to promote safety in a growing recreational activity.
9. The League opposes legislation allowing truck tractor and trailer
combinations of up to 110 feet on Minnesota M ghways due to the
public entity ate' 4.nfrastrncture cost problems caused by these
trucks, such a:. -tracking of rear wheels, acceleration -distance
needs, and tima and distance required for passing.
10. The legislature should authorize cities to establish, at their
option, a road access charge to be levied on an area or per lot basis
at the time the subdivisions are approved, similar to park dedication
fees, or, on existing open lots when a building permit is issued.
Growing communities are finding it i-creasingly difficult to finance
construction of facilities needed for new residential, commercial,
and industrial development. Assessment to developing prcperty f.;r
sewers and streets directly benefitting that property is a long
standing legal option, and is the most prevalent method used.
However, there are often major streets that need to be constructed
leading to new developments. Under current law, only the abutting
benefitted property can be assessed, and then only to the degree of
benefit, which in most cases is no: nearly enough to pay for an
upgraded roadway that services a larger population. The legislature
has recognized similar situations and authorized charges to provide
facilities not directly abutting the affected property. The most
common is park dedication fees on a per unit or areas basis. The
MWCC sewer availability charge is another simtlar fee.
LUEET-4. Solid and Hazardous Waste Management (S)
The League supports state programs designed to minimize or eliminate
The problem of regulating, controlling, and disposing of solid and
hazardcus waste will be one of the major environmental issues of the
next decade, both nationally and locally. Major state legislation
addressing this issue has been enacted annually since 1980. These
acts responded to the concerns and issues raised by the League and
local government, and we commend the legislature for its actions.
The existing waste management and control system for the handling and
disposal of hazardous materials centralizes responsibility at the
- 43 -
state level, but requires the cooperation and support of all l
government. The system established for solid wastevels of
relying on cities to control and ree is more diffuse,
gulate collection, counties to
regulate or operate existing landfills, and the state to coordinate
responsibilities and plan for future disposal needs. Both systems
have been designed to foster and encourage abatement, recycling, and
resource recovery for as much of the waste stream as possible and
then to assure environmentally sound aisposal for the remaining
waste.
The system has not been entirely implemented yet, but it appears to
be working, and therefore the League does not perceio,e a need for
major changes to existing legislation at the present time. But any
future legislation that may be considered should enhance and not
diminish the emphasis on these concerns:
1. Effective Planning. To the great•;st erter:t possible, ail levels
all phases oOfgplanningtanddmanagingvthe solidate randohazauld ovs rd involved in
sound1
streams to assure a cost-efficient and environmentallysolid
waste and hazardous waste disposal system;
2• alternatives to Landfills_ The League strungly endorses abatement,
recycling, and resource recovery activities and programs to reduce
the need for the land disposal of waste. The goal should be to
re
disposa
duce,
solid uwaste. and m extent rtottotally havoide needtherlandlanddisposallof `'
hazardous waste.
The Le Sue would support the eventual prohibition of disposal of
unprocessed solid waste in landfills, as cost-efficient and
enviro.mentally safe alternatives are developed and funding is
provided to cities to implement their responsibilities. Mandatory
funds financed by tipping fees are supported by the League if the
funds derived from the fees are used to pay for closure and
post -closure costs of landfills in the political jurisdiction where
the fee is derived. Local control and management of these funds must
be provided for in any financial as urance requirements.
Additionally, the amount required to be raised locally should be set
at a level that recognizes the financial stability of cities and the
financing resources available to cities;
—Vue supports alternatives— t ai taxesas yesourcesrof financing
conservation efforts. These alternatives can include additional fees
on landfill .r disposal facility users, as well as state grants and
loans. The legislature should continue to fund educational efforts
on the subject of solid and hazardous waste disposal, including
alternatives for the disposal of household hazardous waste, such as
those promoted by the household hazardous waste reduction project;
-44-
4. Financial Incentives for Recycling. The League supports
container deposit legislation and other efforts to provide a
1 incentive for individuals to recycle;
financta and
5. clean-u of Hazardous SubstanceoI astessiteshshould ncontinue
decontam nation of existing ha ar g ublic health and environment. If a
before there is further dams a ti p arty should be liable for
responsible party can be identifieddamaaespas defined in law. if a
clean-up costs and .-rsonal injury g should be
responsible party cannot be identif:.ed, then the clean-up
financed le the state superfund;
supports legislat on ensuring that
6. condemnation Awards. The League mnation awards to conpensate for a taking of polluted land are
conde
adjusted to accurately reflect
thanitsfairemarketevalue after
d in
its polluted condition,
pollutants are removed by the acquiring authority; and
_ .....,:..L.t _fn-Know
Wil
Provi— si�ons• A,endmcnts to the z er
indi�ls and businesses possessing hazardous materials tai o report
the. size and nature of their inventories to state and local agencies.
The new law and subsequent regulations have the putential for _
imposing significant costs on local governments. These additional
costs and administrative burdens should be carefully monitored and
efforts made to reduce the
consolidate the repotting, recnrdY..eeping1eansuch as king to
and inspection
requirements.
Additionally, cities, as the likely first respondeeTetoonse plandent,
should be given prior
ity in establishing emergency ?
LUEET 5 reund and Surface Water Management (B)
almea a
ealtronment It is
In order to safeguard the pblic waterhresourcesand the easta valuable state
necessary to plan and managecities and towns have
resource. Many watershed districts, counties, ,
done a good job of dealing with surface and groundwater management
e authority and ability to continue to do so in a
issues and have th
cost-effective manner. These exisotsibleetoaaddresshsurfacenandue to
be used to the greatest extent p a naw system
groundwater management problems, instead of establishing Y
or creating new organizations.
-45-
LUEET 5 Ground and Surface Water Man..aement (B) (cont'd)
Loc.l units of government should retain the bssic responsibility for
surface water management, as they are the lev.l 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. 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 mechanisms should be re-evaluated.
The legislature should provide additional funds to further encourage
cities and other local governments to undertake water planning
activities. Special levies should also be made available to fund
water management projects.
LUEET-6. Pesticides and Other Hazardous Materials B
Ob
Individuals and governments at all levels are experiencing prnblems
as a result of the use and transportat'. of pesticides, herbicides,
and related chemicals by industry, farms, residences, and others.
The public health and safety concerns raised by the use of pesticides
and other chemicals must be addressed. In one recent Minnesota
survey, almost 30 percent of public water supplies and over 50
percent of private wells were found to be contaminated.
The Department of Agriculture is required by current law to regulate
the use and storage of agricultural chemicals and any local
regulation in this area, with the exception of local licensing,
penalty, and enforco:ent. This pre-emption of locally established
standards could lead to the granting of licenses by the state, for
operations which are a threat to the public health and safety of
local communities.
To protect against this eventuality the Department of Agriculture
should be required to obtain local consent prior to the licensing of
any agricultural chemical storage or distribution center. Also, if
the local government unit decides to regulate agricultural c;emicals,
state regulation should supplement, not pre-empt such regulation.
The League encourages tighter regulation of agricultural chemical
run-off from aerial spraying and ground application that may affect
water quality, as well as research inter the long-term effects of the
use of agricultural chemicals on the general population.
- 4G-
LUEET-7. Eminent Domain Law (1
The League recommends that the legislature undertake a comprehensive
-tudy of the eminent domain statutes.
The League believes the entire eminent domain process should be
critically reviewed and streamlined. This examination should include
a re-evaluation of the advisability of an alternative system of -
review of condemnation awards. For example, a professional referee,
a hearing examiner, etc., rather than a court; using a professional
referee in lieu of three commissioners to establish the value of the
land; the public purposes for which the law may be used, including
its use to encourage economic development; the difficulty posed by
the existence of pollution on the condemned property; and the
legality and feasibility of collecting past property taxes on
property in instances where the award is substantially in excess of
the market value of the property for tax purposes.
LUEET-8. Energy Conservation (C;
The League supports legislation providing incentives for energy
conservation in both the public and private sectors.
Overall energy conservation strategies involving the public, private,
commercial, and industrial sectors are being developed based on the — -
rationale that conservation efforts achieve the greatest energy'
savings at the lowest cost. Much of these efforts are receiving
valuable assistance from the state energy office.
The League believes that a city's individual energy conservation
strategy can be accomplished if the legislature permits or
establishes some of the following measures:
1. Conservation Efforts. The League recommends support of the use of
bonding and special levies by local governments for implementation of
energy conservation measures, including building energy audits. This
authority would supplement the current municipal energy loan program.
The legislature should also continue to encourage private sector
conservation through tax credits and other incentives and should
explore the possibility of expanding incentives for earth -sheltered,
super -insulated, and underground development.
2. District Heating. The League supports efforts to promote statewide
applications of district heating technology, providing additional
funds or the ability to special levy fcr conducting district heating
feasibility studies at the community level, ensuring consideration of
district heating potential in the power plant siting process, and
continuing use of the State District Heating Bond Program for
renovation of existing district heating systems.
3. Energy Assistance. Rising energy costs will continue to place
burden on the economic vitality of communities in Minnesota. The
Le7que recommends:
- 47 -
LUEET-8 Energy Conservation (C) (cont'd) ® ,,
a) continuation of the fuel assistance program 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,
con^ties, and CAP agencies, and;
c) continued support for the Minnesota Housing and Finance Agency's
loan and grant program for home weatherization.
q. Local Requlatory Authority. Local governments are in the best L
posit�n to assess local needs and regulate energy consumption within --•
their communities. The League recommends giving any municipality the ,«�c'
option to adopt and enforce an energy code that may be more stringent
than the state building code for purposes of energy conservation.
ar
M
. Ks
E
-48-
Ii
L
league of minnesota cities
REVENUE SOURCES
P< LICY PRIORITY
RS-1. PROPERTY TAX REFORM A
RS-2. LOCAL GOVERNMENT AID AND STATE FUNDING TO CITIES A
RS-3. ELIMINATION OF LEVY LIMITS A
:: fl
RS-4. SALES AND MOTOR VEHICLE EXCISE TAX EXTENSION A
RS-5. STATE ADMINISTRATIVE COSTS A w"=
RS-6. STABILITY OF STATE REVENUES B
RS-7. SALES RATIO ISSUES B c
RS-8. EQUIPMENT FINANCING B
Ns�
RS-9. INTEREST LIMITS nN MUNICIPAL BONDS AND SPECIAL '
ASSESSMENT FINANCING C 1
RS-10. LICENSE FEES C =t=
s.
RS-11. RAILROAD AND TELEPHONE TAXATION C
RS-12. TAX-EXEMPT PROPERTY C
RS-14. STATE AUDITS AND CITY FINANCIAL REPORTING C
REQUIREMENTS
-49-
1 B3 university avenue east, st. paul, minnesota 55101 (6121227-5600
league of minnesota cities
REVEWE SOURCES
RS-1 property Tax Reform (A)
Many significant changes in the property tax system, particularly in
classification ratios and the homestead credit program, were made by
- 51 -
1 83 university avenue east, st. paul, minnesota 55101 (61 2)227.5600
RS-1. Property Tax Reform (A) (cont'd)
the 1987 Legislature. Further charges may be considered during the
1988 sessi�,i.
For simplification, the 1987 Legislature condensed current property
tax classes into five main classes, effective for payable 1989. The
League believes it is important to minimize the abr'ipt changes that
may occur in some local jurisdictions' tax bases as a result the
reduction in classifications.
The 1987 Legislature also made fundamental changes in the homestead
credit program, converting the program from a homeowners' property tax
credit to a grant program for local governments. The League is
concerned that the new "homestead credit replacement aid" program will
sever the link between the. amount of homestead credit received by
homeowners and the reimbursements provided to local. governrents for
revenues lost through the homestead exemption program. Under the new
program, the total homestead credit shown on homeowners' tax bills
will not equal the amount of homestead replacement aid going to local
government units. In fact, if replacement aid to cities is cut, local
levies will likely have to rise to make up for the lost aid. But this
levy increase would cause homestead credit amounts shown on tax
statements to actually increase since the homestead credit will equal
the homestead exemption times the local mill rate. The League is
concerned that cuts in the homestead credit replacement aid could be
easily made under this new homestead credit design since the state
will no longer be held politically accountable to the 'taxpayer for
cuts in the homestead credit replacement aid program.
In the future, growth in a city's homestead credit replacement aid
will generally be limited to rises in inflation. The League is
concerned that cities with growing needs, rising levies or with
rising mill rates will not necessarily receive additional assistance
from the new homestead credit design as they did under the old design.
It is also intended by the new law that increases in the number of
homesteads result in higher homestead replacement aid. However, as
presently drafted, the new law is not likely to uniformly achieve that
objective because it uses changes in the ratio of exempted homestead
value to all property value as the eticalator factor.
The current property tax systLA of aids and crealts has been
criticized as over stimulating local government spending. A paper
prepared by Bell and Bowman for the Minnesota Tax Study Commission
argued that state financial assistance to local governments,
particularly through the homestead credit program, causes local
spending and taxes to be higher since local taxpayers are insulated
from the full cost of local spending increases. This paper, however,
does not provide firm evidence of such a causal relationship.
Nevertheless, this paper is used by some to argue that all local
governments --schools, counties and cities --are not accountable for
their spending decisions. For cities, the accountability argument is
clearly illogical in the face of recent trends. City property tax
levels have been forced up, largely due to declining federal and state Lam,
- 52-
RS-1. Property Tax Reform (A) (cont'd)
assistance, not because of rising city spending. over the 1980-85
period, after adjusting for inflation, cities' net property faxes
(att,z,• homestead credit) rose 18.4 percent, while cities' expenditures
actually declined 2.4 percent. Over the same period, federal
assistance to cities declined 19.3 percent and state assistance
declined 7.1 percent. As a result, cities have been forced to
increase their reliance on locally -derived revenue to a point where
they now depend upon their own sources for nearly two-thirds of their
revenue.
RS-2 Local Government Aid and State Funding to Cities (AA)
The factors of inflation, the increased costs of state and federal
mandates and the large reductions in federal aid were ignored in 1987
when the Legislature decided to freeze LGA payments, impose a very
stringent three percent levy limit, and impose the six percent motor
vehicle excise tax on city purchases. These actions --combined with
declining property values in some regions of the state and the $40
million loss of federal general revenue sharing for Minnesota
cities --have clearly begun to jeopardize the continuation of many
vital city programs.
Local government aid should not be sacrificed in any attempted reform
of the state's property tax structure. Last year, Governor Perpich
recommended that LGA, along with other property tax relief funds, be
directed solely to *hools through a new "Education Credit." Such a
proposal would have virtually abolished the state's role in providing
property tax relief for city services and would have led to a less
equitable and less stable property tax system. The League commends
the legislature for rejecting this proposal.
Local government aid is a major source of revenue which complements
cities' other significant revenue source, the property tax. As such,
LGA must be distributed among cities in a way which alleviates the
problems inherent with reliance on the property tax. cities vary
markedly in their ability to raise revenue from property taxes. There
are also wide variations among cities in their citizens' needs for
services and the costs of providing those services. A complementary
revenue source for cities is necessary precisely because a city's
ability to raise revenue from the property tax does not necessarily
- 53-
RS-2. Local Government Aid and State Funding to Cities (cont'd) (A)
coincide with the cost of the services which that city s provide to
its citizens. Therefore, the WA formula should reflec_ I:ath the
individual city's need and its local revenue raising capacity.
The League has formed a technical committee to review and resnond to
potential changes in the LGA formula as they are developed by the
legislature, Governor, or any ocher group.
Cities are critically dependent on state funding to reduce property
tax burdens in their communities. over the years, state
appropriations for local government aad h6v not kept rice with the
cost of providing services. The freezing of LGA payments for 1988
will :add to cities' fiscal stress. Changes in the structure of the
homestead credit program may lead to further limits on property tax
relief for cities. Other economic challenges facing cities include
declining tax bases, cuts in federLd support (particularly the
elimination of general revenue sharing), costs growing faster than the
general inflation rate, and the need to implement state and federal
mandates.
It is important to put our current property tax relief financing
structure into some historical perspective. Tax and government
financing reforms enacted, over the past two decades dramatically
shifted the mechanisms for rai•'ng revenue away from loual governments
and toward the state. With passage of the 1967 Tax Reform and Relief
Act, the 1971 Omnibus Tax bill (the so-called "Minnesota Miracle"),
and later tax legislation, the state obligated itself to lower
property tax burdens by levying increased sales and income taxes. The
increased sales and income tax revenue was to be used by the state to
partially replace the property tax. The state was to assume a larger
share of the costs of delivering local government services. As a
trade-off for providing aid to local governments, the state imposed
levy limits on local governments and took away their authority to levy
local sales or income taxes. Local governments were thus encouraged
to rely more on state -collected revenue.
Given the continued constraints placed on the taxing abilities of
local governments and the state's original commitment to provide
property tax relief, the League believes it would be wholly unfair to
reduce state funding for local governments. The maintenance of
property tax relief should be a high priority. Policy makers must
recognize that any cuts in funding for cities will likely result in
higher property tax levels and cuts in needed city services. For
nearly two decades, the state has appropriately assumed a role in
reducing property tax burdens. A long-standing nommitment for such
relief has been r,:ade to both the ptblic and municipalities. The state
must not renege on that promise.
- 54 -
'Q01
RS-3. Elimination of Levy Limits A
Largely to compensate for expected rises in local levies, the 1987
Legislature imposed an extremely stringent three percent levy limit on
cities for payable 1988. This levy limit, applied also to small
cities, is severely limiting cities' abilities to compensate for cuts
in state and federal financial aid as well as making it nearly
impossible to deal with rising costs resulting from various state
mandates, including comparable worth and the newly-imposed'six percent
motor vehicle excise tax. Although the legislature provided for an
appeals process allowing certain adjustments to cities' 1988 levy
limit bases, it appears the Revenue Department will not provide to
cities the adjustments which the law permits.
Despite assurances made during the legislative session that tightened
levy limits would only be imposed for one year, the new law actually
imposes additional levy limit restrictions in future years as well.
These additional restrictions include the arbitrary lowering of the
five percent inflation cap to three percent and the permanent
inclusion of smaller cities under the levy limit law. If such
stringent levy limits are continued, then the legislature should
continue to provide for an appeals process.
Levy limits have made it difficult for many cities to adequately plan
for, and respond to, changing conditions. Federal cutbacks, rising
insurance costs, costs of comparable worth salary adjustments, and
other factors force cities to adjust their budgets and levies. Levy
limits prevent some cities from ujing property taxes as a source of
revenue to provide for adequate reserves or absorb increased costs.
Local elected officials are accountable to the public and should be
entrusted to responsibly use their taxing authority. Cities exist in
a very dynamic, changing environment. They are expected to quickly
respond to changing federal policies, state mandates, court rulings
and market forces, such as those affecting tha: insurance industry.
Statewide limits artificially constrain the options available to
elected officials and are too inflexible.
Given uncertainties in state and federal financial aids, and the
diverse problems and circumstances faced by cities, levy limits are
unworkable. These limits are inconsistent with the principles of
local self-government and accountability and should therefore be
repealed.
- 55 -
RS-4. Sales and Motor Vehicle Excise Tax Extension !A)
__------- t.,net nnvarnments to pav the six percent
in 1987, the governor proposed extending the six percent sales and
s and other local
motor vehicle excise tax to purchases mad, by
government units. While rejecting the sales tax proposal, the
legislature did accept the motor vehicle excise tax plan, effective
with city purchases of vehicles made after May 31, 1987.
Forcing local governments to pay the state sales tax amounts to one
level of.yoverrment taxing ar.ither. This increased sales tax will
directly result in increased local property taxes. In defending the
governor's sales tax proposal, the Revenue Department argued that the
increased local costs caused by the sales tax would be relatively
insignificant, and thus would not necessitcte increased property
ague demonstrated
taxes. However, a special survey conducted by the Le
the governor's plan would have cost Minnesota cities a very h
significant amount--$32 million per year, twice the cost estimated by
the Revenue Department. Given these findings, it is clear that k
imposing the sales tax on local government purchases would increase
property taxes.
R3 5 State Administrative Costs (B)
All state government costs should be subject to the standard
appropriation review process and be funded directly by specific state
appropriation, not by a broad deduction from property tax relief
programs. -vlhiie decisic-S on the necessary staffing and funding
levels for state agencies are made by the appropriations committees,
tax policy decisions should be handled by the tax committees.
When state administrative costs are financed through the local
government aid (LGA) appropriation, funds available for property tax
relief are reduced, defeating the purpose of LGA. In 1987, such state
costs included the unprecedented large sum of $419,200 to fund the
state avditor's office and certain Department of Administration
functions related to local government. In 1988, $423,700 i,:= due to be
deducted from LGA allocations for the same purpos ns. In the case of
the state auditor's office, earmarked deduction;: from LGA are being
used to finance over 40 percent of 1'ie al'9itor's state -appropriated
budget, an inappropriate action in the League's opinion.
Furthermore, LGA funds are being used to finance auditor and
Department of Administration operations which do not relate to cities,
but to all local governments ---counties, school districts and
townships. The WA program is largely designed for and used by cities.
Other state programs --county income W.sparity aids, school aids--
- 56 -
RS-5. State Administrative Costs (B) (cont'd)
f7largely benefit other units of local government. The League believes
it is wholly inappropriate and unfair to almost exclusively tap city
funds for programs which relate to all units of local government.
In order to promote a cohesive and coordinated state tax policy and
provide for adequate review of proposed state agency costs, it is
recommended that no state agency's administrative costs be deducted
from property tax relief funds. This will allow the tax committees to
fully determine the level of property tax relief to be provided.
RS-6. stability of State Revenues
The reserve should be built up during years of economic prosperity and
used only to protect the state budget from unexpected economic
downturns, not for tax reductions or expenditure increases. Such a
budget reserve is necessary, given the relatively volatile tax bases
on which the state currently relies (particularly the income tax and
sales tax), and the potential for error in revenue and economic
forecasting.
In recent years the uncertainty of the state -local fiscal relationship
has made short and long term financial planning almost impossible at
the local level. During the earlier part of this decads, local
jurisdictions were left with severe revenue shortfalls and cash flow
problems because of the sharp and unexpected decline in state revenue.
State aids to local jurisdictions were cut substantially and aid
payments were delayed, often in the middle of the budget year, when
compensating action was nearly impossible. In addition, cities have
been unable to plan their budgets with any degree of confidence given
the major year-to-year changes that have occurred in the overall
funding le,.-1 for local government aid in the formula used to
distribute local government aid, in levy limit laws, and in state
property tax relief programs. Citie need to be able to rely on
predictable revenue sources that will be adequate to maintain the
level of services required by their citizens.
Should problems with budget shortfalls persist even after
establishment of a budget reserve, the legislature should consider
additional policy options to stabilize state revenues, including:
-57-
RS-6. Stability of State Revenues (B) (cont'd)
* Broaden the sales tax base_ Broadening the sales tax base could
lead to more stable revenues;
taxes (such as
the provision in current law requiring an automatic increase in inc
and corporate tax rates when the budget reserve is forecast to fall
below $150 million; and
income or sales tax
RS-7. Sales Ratio Issues B)
Various state fortuulas 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 5o 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. Set, in small communities, there are often
few 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, howrver, may be overly i_ 'luenced by
sales in a larger regional center and thus may not accurately reflect
the experience of smaller cities.
RS-8. Equipment financing (B)
Statutory cities in Minnesota have the power to issue certification of
indebtedness, payable in not more than five years, to purchase capital
equipment (M.S. 412.301). If the amount of the certificates exceeds
one percent of the city's assessed valuation, a reverse referendum
provision applies.
r)
RS-8. Ecuinment Financing (B) (cont'd
In 1983, the legislature granted similar financing powers to
Minnesota's home rule charter cities (M.S. 412.32), without any
reverse referendum provision. However, t:e total principal amount of
the certificates (or "capital notes") issued in a fiscal year is
limited to no more than one -tenth of one percent of the city's
assessed value that year. In many cities, this limit is prohibitively
low, and effectively prevents the city from making use of the
authority granted in this statute.
RS-9. Interest Limits on Municipal Bonds and Special Assessment
F-nanc� ing (C)
The traditional way of financing most local public improvements and
facilities has been through the issuance of bonds. But the public
bond market is undergoing change. Changes is federal tax law will not
only restrict local authorities in their r-ility to issue some bonds,
but for the first time could subject the interest earned on municipal
bonds to an alternative minimum tax. As a result, interest rates may
�. have to be higher for the public sector to compete with private
investments in the taxable bond market.
In addition, artificial ceilings on bond interest rates do not hold
down interest rates and may, in fact, add somewhat to the costs of
bond issuance by the creation of additional legal and procedural
requirements. Interest rates in the bond market fluctuate in response
to a combination of economic forces. Local officials must operate
within the realities of such a market. Whether or not there is a
statutory ceiling, local officials have every incentive to keep
issuance costs as low as possible.
RS-10. License Fees
With few e::ceptions, 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
- 59-
RS-10. License Fees (C) (cont'd)
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 power but deny them the
power to set fees for off -sale liquor, on -sale wine, bottle club 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 since the
statutory maximum fee has not been increased in user 30 years.
RS-11. Railroad and Telephone Taxation (C)
The existing system for taxation of railroad operating property is not
consistent with the taxation of other commercial and industrial
properties. The present formula values railroad operating property at.
about 20 percent of the value which would be determined by a local
assessor using generally accepted assessing principles. The League
recommends that a new system of property taxation be established which
would tax both railroads and telephone companies operating in
Minnesota in a manner consistent with the taxation of the commercial
and industrial properties. '
RS-12. Tax -Exempt Property (C)
One of the glaring inequities in the Minnesota tax system involves
local services .hat are provided free to tax-exempt property owned or
used by the state, counties, school districts, regional government
bodies, and by certain non -government organizations. It is widely
acknowledged twat such property directly benefit from government
services such as police and fire protection and street services
provided by cities. Since there is no legal basis for claiming
reimbursement for the costs of such services, they are borne by the
local taxoayprs. Furthermore, such property in concentrated in
certain cities, resulting in a heavy and disproportionate cost burden
upon those cities. �.
-60-
RS-12. Tax Exemp Property (C) (cont Id)
Special assessments against state property
.19), provides for the collection of special
Current law (M.S. 435
assessments from other governmental party totdetermineetheWamount allows the
governmental unit which
rc
aswwellns haspthe timing of the payment. This is
assessment to be paid, the local
impractical since it often results in interim financing by
unit of government. Governmentally -owned property should be assessed
in r. manner similar the statehe sorbother goment of vernmental unitsed pto refuse to
Any law authorizing
pay the assessed
bemrepe, or determine the time and amount of e
payment, should
RS 13 Local option Taxes (C)
Local option taxes should supplement, not reps
revenues of cities- Since the legislatuietax
o use the p`oPe-
thz ability of cities t
for city services, alternative revenue sources
sources are imperative.
_ ,al
continuany restricting
as a source of funding
to supplement existing
The private
economicalyandmpractical thanpetent to uatstL ate
may
agency.
and may
ofnmunicipalsfone ofinancestin the nations aThe nd rstate uauditor ms of sight
moercurrently
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.
-61-
I
league of minnesota cities
FEDERAL LEGISLATIVE POLICIES
POLICY
FL-1.
FEDERAL TAX POLICY MODIFICATIONS
FL-2.
HOMZZLESSNESS
FL-3.
EXTENSIO14 OF MEDICP_RE COVERAGE. REQUIREMENTS
FL-4.
-ji
MANDATES
1:
FL-5.
RURAL DEVELOPMENT PRIORITIES
FL-6.
UNDERGROUND STORAGE TANK REGULATIONS
FL-7.
PIPELINE SAFETY
FL-8.
CLEAN AIR ACT COMPLIANCE
l FL-9. ESSENTIAL AIRLINE SERVICE
FL-10. CABLE TELEVISION REGULATION ISSUES
FL-11. REGULATION OF INCINERATOR EMISSIONS
FL-12. STORMWATER PERMITS
z.
FL-13. IMMIGRATION FORMS FOR ELECTION JUDGES
FL-14. LOW AND MODERATE INCOME HOUSING $
-63-
1 83 university avenue east, st, paut, minnesota 55101 (61 2) 227.5600
L
uullll
league of minnesota cities
FEDERAL LEGISLATIVE
FL-1. Federal Tax Policy Modifications
The League also supports the removal of multi -family nous:ng nvnuo ���•°
the state -by -state per capita volume limits imposed by the 1986 Tax
Reform Act. There must also be adjustments in the limits placed on the
eligibility and application of the low income housing tax credit to the
financing of such projects.
Finally, the League supports actions by the National League of Cities
to join in the lawsuit filed by the National Finance officers
Association to reverse federal tax reform provisions which impose an
alternative minimum tax on municipal bond interest.
New reporting and arbitrage provisions can also result in retroactive
tax liability for cities. Restrictions; that
nreceivelimit on the
amountpal of
t
s that �'
arlev is
t e city investm
ent 5 e
proceeds to a level no higher than the rate of interest Y
paying on such bonds. These restrictions can also result in rebates to
th^ U.S. Treasury and often present difficult and costly record -keeping
and computation functions at the local level to avoid potential tax
liability.
Minnesota cities have experienced severe reductions in their authority
to issue tax-exempt bonds since the enactment of the 1986 Tax Reform
to
Act. The limits placed on authority
rev ouselevelsx0fpb ndnds activi.ty in
represented a loss of 84 percent
p volume limits, further
Minnesota. In addition to problems paused by
restrictions on public purpose bond authority have curtailed
opportunities for public -private cooperation in the development and
and management of projects deemed to be in the public interest at the
local level. Loss of value of commercial and rental properties is also
viewed as a likely outcome of tax reform as well as increased instances
of ,loorare made properties
wherens on
initial investments
decline
- 65 -
83 university avenue east. St. paul. minnesota 5E 101
[6121227-5600
FL 1 Federal Tax Policy Modifications (cont'd)
The impact of federal tax reform on housing has seriously eroded the
ability of cities to continue to provide affordable housing for low -
and moderate -income residents. The low-income housing tax credit has
proved to be largely unworkable in providing needed multi-familybe
housing in many areas of the state. In the future,
cities wilincreasingly faced with housing shortages as long as such projects are
economically unfeasible and uncompetitive with other private investment
opportunities.
shifting federal tax liability to local property taxpayers is
iregnitable and an unreasonable imposition on cities' responsibility to
proposed new tax increases for FY'08,
deliver basic public services.
under consideration by congress, are a cause for concern. Such
proposals fail to recognize the legitimate role of cities in meeting
public needs at the local level in partnership with the federal
government.
As a result, cities are being increasingly forced to rely on a narrow
and more limited tax base to meet such federal tax obligations while at
the same time depending on local ,taxes to support services and programs
to meet residents' needs and also to comply with increasingly costly
federal mandates.
FL-2. Homelessness
The League continues to urge increased efforts in the area of housing
assistance and urges congress to promote and in-ist oi, the maintdnance
of low-income single and family housing, along with renewed 'ederal
support for rural housing programs to stem the migration of needy
families and poor to urban centers.
The League continues to support are policies to end discrimination
against the mentally disabled. Review of Section 504 of the Federal
Rehabilitation Act, also supported by the National League of C1.ties,
is an important part of that effort. Extension of SSI eligibility to
three months is also essential for the homeless in order to give them
care in Medicaid facilities.
- 66 -
FL-2 Homelessness (cont'd)
The $355 million in FY'87 supplemental Appropriations is a beginning.
Its immediate offer of aid for a variety of programs, including
emergency shelter, mental health subsidies, and health services, and
the creation of an Interagency Council on Homelessness, increases
federl sponse to
issueaandaprovides lclties with dneeded nfunds in ebefore this winter.
is national
winter
Eieergency shelter grants that enable cities to directly receive
federal funds are needed to begin immediate renovation and conversion
of needed shelter facilities. Funds available to non-profit
organizations for emergency food shelf and shelter operations are also
an important element of a national response to problems faced at the
local level.
Federal support to meet the serious public health and social problems
posed by homelessness underline the need to coordinate these responses
with programs and services sponsored by community -based organizations,
churches, businesses, and private foundations. Such assistance must
continue to be made available fcr a combination 02 activities,
including emergency assistance, long-term support, and preventive
measures.
FL 3 Extension of Medicare Coverage Requirements
Congress previously extended Medicare coverage requirements to all
newly hired state and local employees, including election judges,
beginning April 1, 1986. Expanding such mandatory employee tax and
employer contributions to remaining currently exempt employees
increasesh payroll d imposes arlditional costs on cities
reporting requirements.
Imposition of such requirements after cities have adopted their FY18e
budgets makes it extremely difficult to adjust personnel costs to cover
unanticipated tax payments.
A'hile paid police and fire department personnel are most affected
by such changes, other seasonal, part-time and temporary employees are
also affected. Many smaller cities have little flexibility or fiscal
capacity to adjust to such additional unanticipated costs and
reporting requirements. Additional difficulties can also be
expected from the requires*,ent to extend such coverage requirements to
municipal election judges, many of whom are already retired and whose
employment is essential for the conduct of elections which cities
must administer.
FL-4. Mandates
Two legislative pi..posals, H.R. 1087 and S.585, would provide stich
relief from the costs of mandates imposed after the date of
enactment of the bills. LMC joins the National League of Cities in
supporting approval of such measures.
LMC also urges congress to continue to provide a transition for
imposition of Medicare coverage for city employees. Proposed action
to extend coverage to all such workers not currently covered, imposes
a new payroll tax on employees while increasing city expenses for
basic services.
G,
Congress is currently considering a number of proposals that would
increase local government costs. Among them are mandatory drug
testing (S.1041) which requires cities to test all transportation
employees, including transit and sanitation wore--4rs; parental and
medical leave requirements (H.R. 925); minimum health benefits (S.
1265/H.R. 2508), and mandatory medicare coverage for al) local
employees.
Cities also face increased costs for public safety as a result of
emer-1--nCY Planning re direments ir, Title III amendments to Superfund, _-
enacted by the 1986 Congress, as well as the threat of severe and
costly penalties for failure to comply with difficult and confusing
record -keeping and reporting requirements.
When coupled with cut -backs in federal programs for cities of as
much as 70 percent and the loss of General .Revenue sharing funds in
1987, increased costs from federal mandates have a particularly
serious and damaging affect on cities' fiscal capacity.
The federal government must direct increased attention to ways in
which such costs can be reduced. Regulatory relief measures must be
made a part of the federal -local relationship.
FL-5. Rural Development Priorities
The League of Minnesota Cities continues to support the concept of
targeted fiscal assistance to cities as part of a federal response to
the need to assist rural cities to overcome the effects of the loss of
tax base and the decline in property values resulting from the
�ricultural crisis and t-e loss of industry and lobs in m{Wing areas
of Minnesota. ,
-G4-
FL 5 Rural Development priorities
" Lmc also urges congress to makaimprovements and buion a siness ', and .o
provide needed financing for public rovide for public water facilities.
assistance and to enable cities to p
Congress should also examine proovidew to bfor ethe creation ofrrural
federa
programs for rural areas and p
investment grant funds for deveC�oP�onprovideafor erural technology
infrastructure. Federal profto
assistance and training as well as ass isnnusrealso bsland
funded,
unemployed workers in such communities,
The League welcomes the support of Senator Sasser (Chairman of the
Senate Governmental Affairs Subcommmiclton Government
cities ofthe losscOfncy
and Federalisml to examine the imp
to provide of General Revenueded arinto ruralroduce ecomnunitieseingaed to
manner similar to that first 'introduced
duced as the Targeted fiscal
Assistance Act of 1986 by
As in t.e past, city officials continue to insist that federal aid to
cities must recognize differences among states and localities and to
direct funds to cities with the least fiscal capacity to meet local
d with +.t_e increasingly
needs. With
the loss ofover official0 are ionfacannually in General Revenue
Sharing, i
diffia C1
cult task of find alternative revenue sources to fund basic
+��ain a local infrastructure. It is imperative that
services 6;iu ac,..--
the federal government recognize its responsibility to assure access
- tb a minimum level of services at the local.leie declinesnd to assist cities
severely impacted by local and reg'
NLC surveys and Census Bureau information undersubstandardce the yhousing
ies
faced by cities in rural areas: olitan areas; unemployment rates
exists in locations beyond il1etercent in such communities; 38 percent
nationally average over nine p
of the nation's poor live in locations which include smaller cities.
FL 6 Underground Storage TanP Regu_ late°ns
unaer ruuu.--
y stability ired to enable
Sufficient evidence is available to demonstrate that cities have e
incentive, fiscal capacit and financiallsleaksreclean up
them to respond effectively
contaminated areas and to Make prechalt autionary measures to prevent sus
occurrences.
t, should be
cities, along with state and federal levels ponsibilityof nrequirements
exempted from the proposed EPA financial responsibility
for such city -owned or operated underground storage tanks. If EPA
FL 6 Underground Storage Tank Regulations (cont'd) /^
does not offer cities such an exemption, it is imperative that the NLC
assist EPA in the development of self-inserance criteria which would
include cities.
City government is immediately accountable to the public, and city
officials are expected to deal with emergencies. Most cities can and
do routinely establish contingency funds to handle unanticipated costs
associated with such occurrences. For damages requiring expenditure
of additional funds for clean-up activities, cities have the authority
to tax, borrow and issue bonds to cover such expenditures.
Along with NLC, the League of Minnesota Cities supports EPA proposed
technical standards designed to prevent leaks and to quickly detect
those that occur. Incentives for cities to comply with such standards
are sufficient and should convince EPA to exempt them from financial
responsibility requirements.
FL-7. Pipeline Safety
of particular concern to Minnesota cities are provisions in
federal legislation that authorize implemen�ation of the state pipeline
safety program, including the certification of state pipeline
inspectors to conduct federal inspection duties for interstate
pipelines located in the state. Cities' responsibility for public
safety also makes it important that pipeline operators be required to
provide city officials with immediate notice of spills and emergencies
and that cities have accurate information on the location of pipelines
located within their jurisdiction.
operators' responsibility to m.intain corrosion resistant protection
of pipelines and to observe regular testing requirements for possible
deterioration of pipeline materials 4-5 also critical to the public
safety of city residents.
FL-S. Clean Air Act Compliance
LMC ur es con ress to extend the deadline for the attainment of
National Amb ent Air Qual ty Standards (NAAQS) beyond December 31,
1987 for cities making a good faith effort to comply with ozone or
carbon monox do levels. If - es agree to add t coal pollution
control measures aimed _at reducin pollution from mobile and
stationary Y sources congress should also agree to lift sanctions
which would have previously been applied.
-70-
.. 0
FL 8 Clean Air Act Compliance (cont'd)-
City officials recognize the importance of preserving and protecting the
environment and the necessity of reducing air pollution in urban areas.
Cities have made diligent and continuing efforts to implement State
Implementation Plans (Sips) to lower air pollution levels. Despite
those remedial actions, many cities are likely to be out of compliance
with NAAQS requirements on December 31. 1987. Problems outside the
immediate control of individual city governments and difficulties
resulting from changes in compliance planning requirements have
complicated circumstances in which cities must operate to solve air
pollution problems.
If cities have carried out actions and revised measures called for, to
reduce such sources of air pollution, they should not be penalized by
the loss of needed federal funds or a ban on construction or
modification of utilities, industries, and other facilities in
nonattainment areas. In particular, congress should refrain from
imposing penalties that would result in the withholding of wastewater
treatment construction grants in such instances, and should allow
cities experiencing growth to continue to receive federal assistance
for essential government functions. Congress should also adjust the
level of penalties to fit the severity of the continuing pollution
nroblems in cities that fail to implement measures to reduce such
sources.
Many of the pro-iisions providing for sanctions in legislation curr>ntly
under consideration are counterproductive to the goals of the clean
Air Act, and would unfairly penalize cities in non -attainment areas,
regardless of what level of government is responsible for failure to
approve implementation of an inspection and maintenance program aimed
at reducing motor vehicle emission problems. Sanctions should be
imposed on the unit of government or agency directly responsible for
noncompliance.
The League also recommends that congress retain current health -based
ambient air quality standards and refrain from including other factors
in the attainment of those required measures of air quality.
Current problems encountered it implementing NAAQS requirements
suggests that these standards are imprecise and often cause cities to
underestimate measures that must be taken to comply with current air
quality pcllutant levels for carbon monoxide and ozone. New
approach permitting cities to take specific actin-s to install
appropriate technology to reach attainment should be supported.
Alco of concern is the transport of air pollutants from attainment to
nonattainment areas. Such conditions make it difficult for cities .o
meet NAAQS requirements despite implementing pollution control
measures. Unless such a jurisdiction can prove that it is not
contributing to ozone or carbon monoxide pollution in a nonattainment
area, the unit should be required to install controls on stationary
pollution sources.
- 71 -
FL-8. Clean Air Act Compliance (cont'd) r"
Further, the League views federal action as necessary to reduce mobile
sources of pollution. More stringent motor vehicle emission
standards, along with development of alternative fuels and regulations
of gasoline vapor recovery systems, are needed along with vigorous
efforts to ensure that motor vehicles comply with mobile source
standards while vehicles are in use on city streets.
FL-9. Essential Airline Service
The program must continue to be funded until 1988 at the current level
of support ($28 million), until a revised program can be implemented.
A new Small Community Airline Service Program should be established
which would include a higher level of basic service to foster and
proAote passenger use and to enable cities to enhance services by
sharing the costs of those service improvements. The program should
maximize the potential of generating the capacity of such service to
handle increased long -haul traiii, and to permit new cities to
participate in the program.
The Essential Airline Service Program established in 1980 to ensure C i
that smaller cities would continue to have air transportation �J
services, must be continued beyond 1988 for an additional period of at
least ter. years. Federal funding to support needed air carrier
services must be available in an amount sufficient to sustain stable,
economic and reliable service.
A balanced air transportaticn system must address the needs of all types
of cities and require an improved scheduling of air transportation for
small- and medium-sized cities ar part of the national transportation
system. The program must help encourage development of self-sustaining
air service as well as to provide financial assistance where support is
needed. Both travel schedules and equipment must be upgraded to foster
competitive fares and increased levels of traffic.
FL-10. Cable Television Regulation issues
The League will view with interest upcoming congressional hearings
to review the the impact of cable deregulation on the communications (ad
industry, scheduled to begin in October. The growth of the cable
-72-
4
r FL-10. Cable Television Regulation Issues (cont'd)
television industry since deregulation has been been impressive. But
with that increased wealth and power have come renewed concerns for
the public interest.
Cities are particularly aware of the importance of the increased
numbers of valuable public services available solely through local
cable television franchise facilities. Because of these two
continuing basic areas of interest in cable television operations,
the League urges congress to maintain sufficient authority for cities
to require cable franchise operators to notify and consult with city
officials when considering changes in rate structures and/or the
retiering of cable services and access to public, educational and
government (PEG) channels.
Cable television provides actual as well as potential public benefits
and as such, must continue to remain subject to local regulation as
currently provided by federal law. Potential services furnished
solely through cable television technology include such local
operations as meter monitoring, energy management, emergency response
and alerts, as well as providing a new mechanism for public expression
of viewpoints and interest by local viewins audiences.
The League recognizes the limits placed on cities' regulation of cable
television operations by the 1984 Cable Policy Act. It is also clear
however, that the Act affirms a legitimate role for cities in such
regulatory functions as requiring operators to obtain local
franchises; to specify public access facilities and services; to
require leased access; to monitor performance quality; to act upon
requests for modifications, transfer applications and renewal
requests; to solicit franchises; to enact consumer protection
ordinances; to impose franchise fees; and to specify system design and
capacity.
It is also of interest to city residents that city officials encourage
service improvements and support public participation in the upgrading
of service delivery and quality of performance.
Of particular interest to cities is the continued availability of
government access channels (PEG). Such facilities provide new ways
to reach city resi?• `s with information and the means to understand
public policy issues affecting them.
These matters will be increasingly
more local cable franchises move to
The League supports recommendations
to actively monitor those hearings
television industry that affect the
cable television subscribers.
- 73 -
on the minds of local officials as
increase rates for basic services.
to the National League of Cities
and developments in the cable
interests of city residents and
FL-11. Regulation of Incinerator Emissions
r
In Minnesota, permits granted for mass burn and RDF facilities
require substantial application of pollution controls to limit release
of harmful substances. To the extent that these latest efforts in
congress and at the Environmental p_otection Agency reflect the need for
additional efforts to protect the environment from serious affects of
unregulated discharges, the League agrees that such assurances should be
obtained to the greatest extent possible to protect the health and
well-being of individuals, communities, and the environment.
While recycling and :caste minimization policies promote a healthy
environment and can be utilized to reduce the need for landfills, those
approaches alone cannot meet the demand for solid waste disposal
management.
According to a science advisory panel study of current EPA methods cf 4'
dealing with incinerator emission issues, that agency reeds to further
examine actual human health risks from ash produced from incinerator
operations.
At the same time, legislation introduced in both the House and Senate
would regulate ash by-products as hazardous waste under the Resource
Conservation and Recovery Act, as well as to bring municipal
incinerators under Clean Air Act regulation. Senate sponsors favor
stringent regulation of materials said to he toxic by-products of such
mass burning or resource recovery methods. Emission limits on air
pollutants such as particulates; acid gases, heavy metals, sulfur and
nitrogen oxides, etc., based on best demonstrated achievable control
technologies, would be required under the Senate bill (S. 1565).
The Eouse bill would require application of environmental regulation
listed above for municipal incinerators. Other legislation also
introduced in the Senate (S. 1566) would require EPA to develop methods
to test the toxicity of incinerator -produced ash by-products as well as
to test for potential exposure. The objective would be to require local
incinerator operators to report results of ash testing and to develop
plans to dispose of the ash under provisions of the Resource
Conservation and Recovery Act.
Areas of concern for cities include the prospect of expanded require- ,
ments to meet in order to comply with Clean Air Act standards for new
potential pollutants identified by either Congress or EPA. It is
- 7� -
FL-11. Regulation of Incinerator Emissions (cont
understood that proposals would expand the list to include as many as
26 new chemicals and metals. Application of required new technology
to existing as well as new facilities would also be a serious matter
of local concern for costs and benefit to the environment. Phasing
in of such requirements for currently operating facilities would be
an essential modification of those requirements.
it is encouraging to observe that proposals being considered do
include an updated timetable for EPA action in the regulation of
such air emissions. Cities anticipating construction and operation of
such new facilities need timely and accurate infornation with regard
to regulatory action in, order to design operations to meet those
requirements.
Other concerns which the League is monitoring deal with the disposal
of incinerator ash by-products. Questions of potential liability for
cities under Supertund for clean-up of improper disposal practices
must be clarified and guidance provided to assist cities in planning
disposal methods.
FL.-12. Stormwater Permits
Because of indications gat : 'ditional cities in urbanized areas may be
required to comply with the a program regulating storm sewer
discharges, the League urges the EPA to reflect sufficiently on local
circumstances in providing direction to state and local officials in
adjusting permitting requirements to fit local and regional stormwater
management planning priorities and to provide a framework within which
to address jurisdictional and legal issues surrounding control of
nonstormwater run-off in those locations.
According to draft regulations, all municipalities in designated urban
areas would be required to apply for stormwater permits by
December 31, 1987, for all industrial stormwater discharges and for
stormwater run-off that discharges into the waters of the U.S. It
would appear that such requirements would apply to systems serving
populations between 100,000-250,000 in such census -designated
urbanized areas, potentially increasing the number of affected cities
in Minnesota.
Direct consultation with state and local officials in both the
• developmei.t of EPA stormwater management policy, as well as in the
-75-
FL-12. Stormwater Permits (cont'd)
1i
design of state stormwater management plans, is necest .ry. The League
also continues to insist that federal regulations take into
consideration geographic variables, costs and benefits of control
measures, and address the most serious pollution discharge problems
first.
While modification of proposed requirements for virtually all cities
to conduct costly permitting, mapping, testing and reporting activities
at innumerable outfall locations has been accomplished to limit federal
regulations only to locations in larger cities, it is apparent that
problems remain with the approach being proposed for the program.
FL-13 Immigration Forms for Election Judges
The Immigration Reform and Control Act of 1986 reyvires all persons
employed after November 6, 1986, to complete an Employment Eligibility
Verification Form (Form I-9). INS interprets the law.to include
election judges, even though they may have worked in previous election
The INS is consi.derii,g a revised ruling which would exempt election
judges from having to complete Form I-9. The purpose of having each
new employee complete a Form I-9 is to insure that no employer is
hiring illegal aliens. Election judges must be citizens and that
requirement fulfills the purpose of using Form I-9.
Unless the current ruling is revised; cities and other political
subdivisions will continue to have a time-consuming burden of
paperwork and record -keeping which is not necessary to comply with
the intent of the law.
FL-14. Low- and Moderate -Income Nousinq
Federal housing policy must include continuation and increased levels
of funding of affordable housing and improvement in the feasibility of
utilizing low income housing tax credits to encourage private investmeld
in such projects financed with tax-exempt bonds.
-76-
FL 14 Low and Moderate -Income Housing (gong
Cities face serious difficulties in providing subsidized and public
housing for residents with limited incomes. Expiration of federal
subsidies and loss of tax preferences, it is feared, will combine to
produce rent increases and the sale of rental properties, y
further reducing the availability of such units.
Rental assistance and rehabilitation of single and multi -family
units must be a priority for fedei housing assistance programs for
1988, along with sufficient funds to assist cities to maintain :xisting
public housing units. It is clear that no single approach to housing
needs is sufficient in meeting the wide-ranging demand
rTherefore,
it is necessary to develop a national housing poY
the
the decline in federal housing assistance that has been steadily
withdrawn since 3.981, and to encourage a comprehensive approach to the
housing problems city officials have identified.
The League also urges congress to encourage owners of low- and
moderate-inccme housing to retain such units aiid to provide incentives
to maintai:i affordable housing rather than to sell or redevelop such
properties. section 8 rental subsidies must be extended for another
15-year period to assist those who cannot afford the prevailing
rental ratns.
Congress must also remove multi -family housing bonds from the state
per capita volume limits on tam -exempt bonding. In addition, federal
housing tax credits must be available for :lousing rehabilitation
activities as wall as for projects financed with federal grants and
t also aid in
loan programs. Further, federal housing programs mus
stimualting construction of new affordable housing as well as an
increase in home ownership and the rehabilitation of public housing
units and provision of housing for homeless individuals and families.
- 77 -
TNIR5
t
APPROVED'.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIF'd
R.iMSEY COUNTY, MINNESOTA
Regular Meeting
September 28, 1987
Mounds View City Hall
2401 Hwy. 3.0, Mounds View, MN 55112
--------------------------------------------------------------------------
The Mounds View City Council was called tc order by 1. Call to.
Mayor Linke at 7:00 PM on Monday, September 28, 1987. Order
'rne Pledge of Allegiance was said. 2. Pledge of
Allegiance
MEMBERS PRESENT: Councilmembers Wuori, Quick, Hankner, 3. Roll Call
Blanchard and Mayor Linke.
ALSO PRESENT: City Attorney Meyers and Clerk/
Administrator Pauley.
Motion/Second: Hankner/Quick to approve the September 4. Approval
^, 14, 1987 minutes as amended. Minutes:
September
^� 5 ayes 0 nays 1987
Motion Ca
Bill Frits, 8072 Long Lake Road, stated he had recently 5. Residents
used the Groveland Park shelter building and discovered Requests and
there are dead bolt locks on the door, which require Comments fromr,,
a key to open them from the inside. He stated he felt the Floor
this was very dangerous, considering the age of some of
the groups who use the building, such as 1ih ":outs, and
he also believed it was illegal.
Mayor Linke replied it was illegal and ,ie directed
Clerk./Administrator Pauley to have the locks changed.
Kathy Ayaz, 7751 Bona Road, asked if the Harstad Company
had given a time extension to the City on their request
to develop Creenfield Estates.
Mayor Linke replied they have verbally.given a 45 day
extension, and the City is waiting for written confirma-
tion of that.
Mayor Linke closed the regular meeting and opened the 6. ubliceralc Hearing
first public hearing at 7:06 PM. Fund, Water
and Sewer
Budgets
Mounds View City Council September 28, 1
Regular Meeting Page Two
-----------------------------------------------------------------------------
Finance Director Braaer reviewed the 1988 budgeted r
expenditures. He explained the budget would be a
maintenance budget, which does not change or increase
services, but rather maintains them, and that the City
has not found a way to keep the cost the same, and it
ha;: increased each year. He stated the proposed budget
reiresents a 6.2% increase over 1987.
Finance Director Brager explained the Council has
budgeted $135,000 this year to pursue the City's law-
suit against Williams Pipeline. He also reviewed
the 198a budgeted revenues, and stated there would be
no increase in sewer or water rates, which have remained
the same for three years now. He added property taxes
will increase 3.2 mills over 1987, for the City's
portion of the property tax.
Mayor Linke closed the public hearing and reopened the
regular meeting at 7:16 PM.
Mayor Linke closed the regular meeting and opened the 7. Public Hearing
next public hearing at 7:16 PM. Levying of
Delinquent_
Finance Director Brager reported Staff has exhausted Utility-Accnts.
the methods of collecting delinquent utility bills, yo
and they are now asking that these be levied to the {�
individuals over a one year period.
Mayor Links closed the public hearing and reopened the
regular meeting at 7:17 PM.
Clerk/Administrator Pauley read the items on the
B. Approval of
proposed consent agenda.
Consent Agenda
Councilmember Hankner asked that items C, G and H he
removed.
Motion/Second: Quick/Blanchard to approve the consent
agenda, minus Items C, G and H, and waive the read'ng
of the resolutions.
5 ayes 0 nays
Motion Carried
Councilmember Hankner asked if the streetlight in
item C would be placed where the residents want it.
Clerk/Administrator Paley replied it would be
exactly where they asked for it.
Motion/Second: Hankner/Wuori to approve Item C of
!;
the conc_nt agenda, authorizing placement of the
streetlight in Groveland Park across from 8255 Fairchild.
Motion Carried
5 ayes 0 nays
,.
September 28, 1981
Mounds View City Council
page Three
Regular Meeting
-------------------
---------
-----------------------
�jCouncilmember Hankner asked that Item G become a regular
item, and read her
item rather than a consent agenda
28 r-garding the decision to hire
memo of September
Engineering to review the Greenfield Estates
Barr
proposal, and she also had available the list of
had been recommended
companies and individuals that
by Mr. Ayaz.
Clerk/Administrator Pauley asked Mr. Senden if he had
45 day extension
a written authorization yet for the
Harstad Company has agreed to.
t in
does not hh velagreedroiag4yet,
Mr. Seden stated ave
ncan estate
but henverbally they
clay extension.
Motion/Second: QuickiH'.nkne.: to approve the hirlAc-
Greenfield "z':es
of Barr Englrserirg to review the
plat pursuant to the proposal dated
preliminary
September 21, 1987.
Motion Carri4.„
5 ayes 0 nays
Councilmember Hankner stated she had reracved Item H
vi=ohibity, so
-
as she would like to see it have more
change
the P
the public becomes aware of
CII in City parks.
glass containers
Clerk/Administrator Pauley reported each City park
containers are
will be signed, stating that glass
prohibitwEd.
_
Councilmember Hankner stated the Co w,cil hopes this
in resolution form, b:rt if
policy will be adhered to
have to make it into an ordinance.
it is not, they may
Motio/S=ondneYi to approve Resolution
city parks,
Nontainersin
. ,hibitn
and waive the reading.
Motion Carried-
5 ayes 0 nays
reported there was an 9. rirst Reading
Clerk/Administrator Pauley rep of ordinance
error by Staff in the original ordinance, so the No. 429
County would not accept it, so ordinance No. 429
has been drafted to amend the original ordinance.
k to
ove te
readin ordinance No. 4Q29,camending rordinafirst
nce
No. 419 vacating easements for the Jim Lund second
l i addition, and waive the reading.
Motion Carries
5 ayes 0 nays
page Four ---------
Mounds view City Council -_-_
Moun eeting----------------- („1
Regular M --- 10. Second
---------------
the purpoee of Reading and
explained , street %doptiOn of
Clerk/Administrator Pa
6, which allows velop ordinance
e based on the request of the dr. er.
proposed ordinance No. No, 426
name change, to have the second
econd: Wuori/Blanchard 426, amending j
Moti g tion of ordinance.by amending `
readdop of Mounds view by and waive the
the Municipal Code
Chapter 46 entitled "Street Names",
reading- �
Councilmember Wuori - aye
Councilmember Quick - aye
Councilmember Hankner - aye Motion Carried
Councilmember Blanchard - aye
Mayor Linke - aye Adoption of
il.
to approve Lund Resolution
Blanchard/Quick the 1988 general No. 2242
Motion` 2242, certifying and waive the
Resolution No.-operty tax lEvies,
and forestry Pr Motion Carried'
reading.
5 ayes 0 nays
135,000 is included in that budget
d in asked what the City
::r. Fri stated $ for the pipeline lawsuit an
hopes for the outcome. eks removal
Attorney Meyers explained the lline and recovery of
the existing a es and
or replacement of the
City, Punitive dam 9
damages sustain al and expert witness fees.
recovery
of leg
recoveryWillpipeline
he does not f el line s they are
Mr. Frits stated of removing and he feels
has any intention an View, with
replacing lust certain sections now,
fear of the City of Mounds such as not
they have no are following now, done.
es they the work that is being
the procedur testing a waste of the tax -
hydrostatically the lawsuit is
He added he feels
payers money. feels ::e must protect
Maythe
or Linke stated he personally the residents °oceed-
safE*:. and welfare of and they are p-
the health, must be dine,
City, and somethings
ing with the law -a 12. Adoption of
Resolution Resolution
to adopt Resol
Ha' the Quick No. 2241
Motion�ifying the 1986 bonds and interest tax
No. 2241 'certifying Motion Ca3Yied
levy, and waive the reading.
5 ayes o nays
r.
Mounds View City Council September 28, 1987
Regular Meeting Page Five
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Hotion/Second: Quick/Hankner to approve Resolution. 13. Adoption of
No. 2240, adopting the 1988 City operating budget, Resolution
and waive the reading. No. 2240
5 ayes 0 nays Motion Carried
Motion/Second: Hankner/Wuori to approve Resolution
No. 2246, levying taxes to delinquent utility and
forestry accounts over a one year period.
5 ayes 0 nays Motion Carried
Attorney Meyers had no report. 14. Report of
Attorney
Councilramber Wuori had no report. 15. Reports of
Councilmembers
Councilmember-
Wuori
Councilmember Quick reported the southern end of the Councilmember"
north/south runway ;,t zhe Anoka County Airport has Quick
been removed entirely.
Councilmember Hankner reported she had attended the CouncilmemberY
Park and Rec Commission meeting on September 24, Hankner
and there was a good deal of discussion betwccn the
Commission members and residents regardin7 the walking
path around Silver View Lake, and she and Councilmember
Quick would be meeting with the residents on September
30, at 6:30 PM, to go over the documentation the City
has on that.
Councilmember Blanchard had no report. Councilmember ;
Blanchard
Mayor Links ha3 no report. Mayor Links
Clerk/Administrator Pauley reported he had met with 16. Report of
the residents on the west side of Pleasant View Drive Clerk/
regarding the proposed development in Spring Lake Administrator'
Park that would affect them, and an agreement has been
reached between the home owners and developer regarding
the easements add berming.
Mayor Links adjourned the meeting at 7:42 PM. 17. Adjournment
Respec lly s mit d,
Donald/ auley
Cler Administrator