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HomeMy WebLinkAbout1983-02-07_COUNCIL MEETINGAGENDA EDINA CITY COUNCIL REGULAR COUNCIL MEETING REGULAR HOUSING AND REDEVELOPMENT AUTHORITY MEETING FEBRUARY 7, 1983 7:00 P.M. HOUSING AND REDEVELOPMENT AUTHORITY ROLLCALL MINUTES of January 3, 1983, approved as submitted or corrected by motion of seconded by EDINA CITY COUNCIL ROLLCALL MINUTES of September 13 and 20, 1982, and January 17, 1983, approved as submitted or corrected by motion of , seconded by I. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS Affidavits of Notice by Clerk. Presentation by Manager and Engineer. Spectators heard. If Council wishes to proceed, action by Resolution Ordering Improvements. 4/5 favor- able rollcall vote to pass. A. Permanent Street Surfacing /Curb & Gutter Improvement P -BA -258 B. Storm Sewer Improvement No. ST.S -172 C.: Alley Improvement No. P -E -31 II. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS Affidavits of Notice by Clerk. Presentation by Planning Department. Spectators heard. First Reading of Zoning Ordinance requires offering of Ordinance only. 4/5 fav- orable rollcall vote to pass Second Reading or if.Second Reading should be waived. Lot Divisions, Flood Plain Permits, Plats, Appeals from Admini- strative or Board of Appeals and Adjustments decisions require action by Resolution. 3/5 favorable rollcall vote to pass. A. Set Hearing Dates III. AWARD OF BIDS Tabulations and Recommendations by City Manager. Action of Council by Motion. A. Civil Defense Warning Siren (Continued from 1/17/83) B. Dump Trucks C. Sale of Lots 1 and 4, Block 1, Lake Edina Replat D. Labor, Materials to Remove and Replace Municipal Pool Heater, Heat Conduction Tubes E. Deep Well No. 7 Bid February 7, 1983 Council Agenda Page Two IV. RECOMMENDATIONS AND REPORTS A. Park Board Recommendation - Beer in Parks B. Feasibility Report - Set Hearing Date C. Special Concerns of Mayor and Council D. Post Agenda and Manager's Miscellaneous Items V. RESOLUTIONS A. Tax Forfeited Land B. Expansion of Special Assessment Usage C. Quit Claim Deed - Lots 1, 2 and 3, Block 2, Oak Ponds of Interlachen VI. ORDINANCES First Reading requires offering of Ordinance only. 3/5 favor- able rollcall vote to pass Second Reading. 4/5 favorable rollcall vote if Second Reading should be waived. A. Ordinance No. 171 -A9 - Health Department Fees and Charges (Waive Second Reading) VII. STRATEGIC PLANNING VIII. FINANCE A. Transfer Appropriations B. Liquor Fund as of 11/30/82 C. Claims Paid: Motion of seconded by for payment of the following Claims as per Pre -List: General Fund, $191,641.25; Park Fund, $48,442.68; Art Center, $1,128.45; Swim Pool, $1,486.16; Golf Course, $6,615.19; Recreation, $16,332.97; Gun Range, $584.26; Water Fund, $21,155.66; Sewer Fund, $3,109.90; Liquor Fund,-$45,474.75; Construction, $225.00; IBR Fund, $862.65; IBR 462, $227.65; Total, $337,286.57; and for Confirmation of payment of the following Claims: General Fund, $62,362.31; Water Fund, $7.52; Liquor Fund, $358,351.31; Total, $420,721.14 Y T REQUEST FOR PURCHASE TO: Mayor and City Council x - FROM: Fran Hoffman VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $5,000 DATE: February 4, 1983 Material Description (General Specifications): (3) 3 -Ton Dump Trucks Quotations /Bids: Company Amount of Quote or Bid Total 3 Units 1• Lakeland Ford $38,605.00 115,815.00 2. Superior Ford 38,686.20 11E,058.60 3. Astleford Equipment 38,850.00 116,550.00 Department Recommendation: Lakeland Ford $38,605.00 .$115,815.00 (3) Units is Vp t re Department Finance Director's Endorsement: The recommended bird is is not within the amount budget for the purchase, J. N. uaien, rtnance ui.rector City �as nager' Endorsement: 1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: MEMORANDUM TO: MAYOR AND COUNCIL FROM: KENNETH ROSLAND, CITY MANAGER SUBJECT: BIDS FOR DUMP TRUCKS DATE: FEBRUARY 4, 1983 Bids for dump trucks were received and opened February 2, 1983. After review staff makes the following recommendation: Award of the bid to Lakeland Ford for a Ford L8000 with LaHass body at $38,605.00 per unit Low bid was not recommended because the box included in that bid was not pre - qualified as per our bidder instructions under an "or equal clause" within the date specified, and therefore could not be considered as meeting our specifications. There was an exception noted on the proposal by Lakeland Ford as to delivery date, but this is .inmaterial since all bidders are subject to the same conditions because of a strike in the plant that manufactures the engines required in our specifications. Also noted on Lakeland's proposal was an add on for a performance bond if same was required. Within this type of bidding proces. it is not required. I III Manager KER:md ii Edina City Council City of' Edina Edina, Minnesota 55424 CITY OF EDINA PROPOSAL REAL ESTATE Bids Opened 11:00 A.M. Edina City Hall January 31, 1983 The undersigned has examined the real estate property as described in the Advertisement for Bids, understands and agrees to any stipulation included within the Advertisement-for Bids, and hereby makes the following offer: Lot I. Block 1, Lake Edina Replat Lot 4, Block 1, Lake Edina Replatf' Amount of Bid 0--o 00C Amount of Bid Bid security equal to at least ten (10) percent of the total bid accompanies this proposal, the same being subject to forfeit in the event of bidder default. REMITTER Nabila M. Khaleel +' PAY TO THE ORDER OF i 2: � J_�, Name of bidder -75 _3 . -- 4e Address ' � �i i' moo, City State Zip Telephone F �� �� First Banc Southciale Fir S First Bank System First Southdale National Bank of Edina 7001 France Ave., S. Edina, MN 55435 DATE City of Edina---------------- - --- -- -- # #$i000.00 #* FIRST BANK $OUTHDALE CASHIER'S CHECK JAI 14 83 f- h II' 276089ii' ol:09 10 166 76i: ii'36739000t1ii' i 276089 X75-1667 910 TO: FROM: VIA: SUBJECT: DATE: REQUEST FOR PU.RCHAjr- Mayor and City Council Bob Kojetin - Director, Park & Recreation, Kenneth Rosland, City Manager REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 Feb. 2, 1983 k Material Description (General Specifications): Labor, materials to remove and replace municipal pool heater, heat conduction tubes. Quotations /Bids: . Company Amount of Quote or Bid 1. Metropolitan Mechanical Contr. $7,600.00 7340 Washington Ave. So. Eden Prairie, MN 55344 2' Hoglund Mechanical Contr. $10,445.00 7420 West Lake St. 3. Mpls., MN 55426 Minnegasco $9,180.00 201 So. 7th St. Mpls., MN 554'02 Department Recommendation: Work to be done by Metropoli echanica trac ors f $7, 00.00 � e r SignatWre Department Finance Director's Endorsement: The recommended bid is 7E/is not within the amount budgeted for the purchase. J. N. Dalen, Finance Director City Manager's Endorsement: �1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: REQUEST FOR PURCHASE TO: Mayor and City Council FROM: Francis J. Hoffman, Director of Public Works VIA: Kenneth P.osland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM °i IN EXCESS OF $5,000 DATE: 2/3/83 Material Description (General Specifications): Deep Well Pump Repair 10"-Column, 190" Setting - Well No. 7 - 5241 Sherwood Avenue Quotations /Bids: Company 1. Layne Minnesota 2. 3. Amount of Quote or Bid $5,747.00 Department Recomendation: Layne,Minnesota - See Attached Bid Tabulation Finance Director's Endorsement: The recommended bid is,,(' is not Public Works �G �r Siwrature Department within the amount budget for the purchase. . PJ. Valen, Finance Director City Mananer's Endorsement: 1. I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: BID TABULATION CITY OF EDINA, MINNESOTA DEEP WELL PUMP REPAIR 10" COLUMN, 190' SETTING WELL N0. 7 - 5241 SHERWOOD AVENUE EDINA, MINNESOTA BIDDER Layne.Minnesota. E. H. Renner & Sons BID OPENING: THURSDAY, FEBRUARY 3; 1983 TOTAL $5,747.00 $5,794.00 Keys Well Drilling $6,434.00 Bergerson Caswell 1 $7,090.00 (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FOR BIDS DUMP TRUCKS BIDS CLOSE FEBRUARY 2, 1983 SEALED BIDS will be received and opened in the Council Chambers, Edina City Hall, 4801 W. 50th Street, at 11:00 A.M., Wednesday, February 2, 1983, and the Edina City Council will meet at 7:00 P.M., Monday, February 7, 1983, at the City Hall to consider bids being for the following, but not limited to: 3 Dump Trucks with Boxes Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to the City Clerk, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Clerk. Bids received by the City Clerk, either through the mail or by personal submission, after the time-set for receiving them may be returned unopened. Bids must be in conformance with specifications which are availb.ble at the Edina City Hall. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of amount of net bid. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. BY ORDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg City Clerk Please publish in the Edina Sun on January 12, 1983. Please send us two affidavits of publication. (Official Publication) CITY OF EDINA 4801 W. 50th STREET EDINA, MINNESOTA 55424 ADVERTISEMENT FOR BIDS SALE OF REAL ESTATE PROPERTY BIDS CLOSE JANUARY 31, 1983 The City of Edina, Minnesota, is offering for sale: Lot 1 and Lot 4, Block 1, Lake Edina Village Replat Minimum bids of $15,000 are requested for Lot 1 and $10,000 for Lot 4, respectively. Sealed bids will be received and opened in the Council Chambers, Edina City Hall, 4801 W. 50th Street, at 11:00 A.M., Monday, January 31, 1983, and the Edina City Council will meet at 7:00 P.M., Monday, February 7, 1983, at the City Hall to consider the bids. Bids shall be in a sealed envelope with a statement thereon showing the items covered by the bid. Bids should be addressed to Jarl Dalen, Finance Director, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the Finance Director. Bids received by the Finance Director, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of amount of net bid. The City Council reserves the right to reject any or all bids or any part of any bid, and will accept the bid that is deemed to be in the best interest of the City. For further information please contact Jarl Dalen, 927 -8861. Bid forms are available at City Hall. BY ORDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg City Clerk Please publish in the Edina Sun on December 22, 1982. Please send us two Affidavits of Publication. Prc,ni IITTnN WHEREAS, the City of Edina finds areas where selected individuals or groups of individuals benefit directly and solely from certain services, and WHEREAS, certain areas desire a higher level of service than funded through the general City appropriations to benefit them directly, and WHEREAS, the City of Edina feels that such services should be funded in a manner other than the general property tax funds, and WHEREAS, the State of Minnesota currently provides under its legislation, Chapter 429.01, the use of special assessment procedures to collect unpaid special charges for selected services, such as snow, ice and rubbish removal from sidewalks, street sprinkling, trimming and care of trees in addition to others, and WHEREAS, addition of other areas makes good sense in these days of restricted public finances; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the Minnesota State Legislature pass the attached legislation to allow the City of Edina to use this procedure to assess benefiting property owners in areas not presently delineated in the statute to include: - Removal of litter on streets and parking facilities. - Control of aquatic weeds. - Sweeping and oiling of alleys. - Trimming and care of trees and removal of unsound trees on any public way, boulevard or sidewalk. - Maintenance and repair of lighting systems for sidewalks and parking .facilities. - Operation, including maintenance and repair, of public parking facilities, public parks and other public areas and facilities. Adopted this 7th day of February, 1983. T 4i9 u110 . Is u To: Whom It May Concern Date: January 14, 1983 Re: Proposed amendment to Minnesota Statute, Section 429.101. Attached is a proposed legislation to amend Minnesota Statute, Section 429.101. That Section is entitled "Service Charges, a Special Assessment Against Benefited Property." The amendment expands the services for which a municipality may collect charges, and, if not paid, levy those charges as a special assessment. The services included in the expansion are: 1) Removal of litter (in addition to rubbish) from streets and parking facilities (in addition to sidewalks). 2) The elimination of aquatic weeds (in addition to non- aquatic weeds) from all public property and private property (in addi- tion to from streets and private property). 3). The sweeping and oiling (in addition to sprinkling and other dust treatment) of alleys (in addition to streets) and including maintenance work incidental thereto. 4) The trimming and care of trees and removal of unsound trees within any public way, boulevard or sidewalk (in addition to within streets). 5) The maintenance and repair (in addition to the operation) of lighting systems for sidewalks and parking facilities (in addition to streets) . 6) The operation, including maintenance and repair, of public parking facilities, public parks and other public areas and facilities. In addition, the proposed legislation would allow the City to collect such charges on an estimated basis before actually having incurred them, but any collection in excess of actual costs must be returned and any actual cost in excess of collections may subsequently be collected or assessed. The expanded services will allow local goverrmlent to function more efficiently and to charge the cost of those government services more directly to the properties benefited instead of paying for them from general tax dollars. s health or safety hazards from private property, excluding any structure included under the provisions of sections 463.,15 to 463.26, installation or repair of water service lines, street sprinkling, sweeping, oiling or other dust treatment of public streets or allevs, includingr maintenance work incidental thereto, the trimming and care of trees and the removal of unsound trees frem -any- street within any public ways, boulevards or sidewalks, the treatment and removal of insect infested or diseased trees on private property, the repair of public sidewalks and alleys,. or the operation, including maintenance and repair, of a- street lighting systems for public streets, sidewalks or parkinq facilities, or the operation, including maintenance and repair, of public parking facilities', public parks or other public areas and facilities,-as a special assessment against the property benefited. The council may by ordinance adopt regulations consistent with this section to make this authority effective, including, at the option of the council, (i) provisions for placing primary responsibility upon the property owner or occupant to do the work himself (except in the case of street gorinkling, s.weening, oilinq or other dust treatment, alley repair, tree trimming, care, and removal, er the operation of a street lighting system, and the operation, maintenance and repair of public parking facilities, parks and other public areas and facilities) upon notice before the work is undertaken, and (ii) provisions for collection of actual or estimated charges from the property owner or other person served a- tne- eharges wren -dtie before such unpaid charges are made a special assessment; Provided, however, that if estimated charges are collected and, based upon subsequent actual costs, found to be excessive or deficient, subsequent charges shall be reduced by such excess or increased by such deficiency. Sec. 2. This act is effective on the day following its final enactment. Wa J' a bill for an act amending Minnesota Statutes 1981, Section 429.101, Subdivision 1, to expand the list of services for which a municipality may levy special assessments against benefited property. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1981, Section 429.101, Subdivision 1, is amended to read: Subdivision 1. Ordinances. In addition to any other method authorized by law or charter, the governing body of any municipality may provide for the collection of unpaid special charges.for all or any part of the cost -of snow, ice, er rubbish or litter removal from public sidewalks, streets or narking facilities, weed elimination from streets -er private or public property, including the elimination of aquatic weeds from private or public property, removal or elimination of public CITY OF EDINA l Q R'2 R incFT TRANSFER - APPROPRIATIONS GENERAL FUND Transfer to: Planning $ 4,592 Administration 12,197 Finance 6,237 Assessing 7,415 Public Works: 700 Administration 3,336 Engineering 19,972 Supervision and Overhead 3,203 Training 80 Paid Leave 4,400 General Maintenance 4,281 Cleaning 2,769 Renovation 2,645 Snow and Ice Removal 4,915 Street Lighting- Regular 100 Street Lighting - Ornamental 1,000 Street Name Signs 459 Traffic Sign Maintenance 592 Traffic Signal Maintenance 104 Pavement Marking 322 Guard Rails and Barricades 236 Bridges 81 Storm Sewer Maintenance 2,574 Temporary Drainage 234 Turf and Plant Maintenance 454 Tree Maintenance 3,148 Lakes and Ponds Maintenance 215 Sidewalks- Maintenance and Repair 105 Sidewalks -Snow and Ice Removal 284 Parking Ramp Maintenance 466 Parking Lots Maintenance 98 Police 64,162 Fire 45,553 Public Health 4,103 Inspections 5,506 TOTAL GENERAL FUND $205,838 PARK FUND Transfer to: Administration $ 10,727 Training 350 Paid Leave 2,124 Recreation: Miscellaneous and Special.Activities 700 Maintenance: Mowing 1,700 Special Turf Care 3,600 Plantings and Trees 1,000 Litter Removal 800 Park Area Maintenance 200 Building and Equipment Maintenance 2,800 Skating Rink Maintenance 3,400 TOTAL PARK FUND $ 27,401 TOTAL TRANSFER TO $233,239 TRANSFERS FROM: Contingencies $233,239 TOTAL TRANSFER FROM $233,239 CURRENT ASSETS: Cash: Demand Deposits Working Fund . Accounts Receivable Contracts Receivable Loan To Other Funds Inventory: Liquor Wine Beer and Mix Prepaid Expenses: Unexpired Insurance Supplies Inventory FIXED ASSETS: Land Land Improvements Buildings Furniture and Fixtures Leasehold Improvements LIQUOR FUND BALANCE SHEET . CITY OF EDINA As at November 30, 1982 ASSETS TOTAL CURRENT ASSETS $ 22.,136.07 727,488.27 29.3,719.64 3.035.55 $1,046,379.53 Less allowance for Depreciation and Amortization 373,678.58 Construction in Progress TOTAL ASSETS LIABILITIES AND SURPLUS CURRENT LIABILITIES: Trade Accounts Payable Accrued Payroll Due To Other Funds TOTAL CURRENT LIABILITIES SURPLUS: Invested in Fixed Assets Unappropriated TOTAL LIABILITIES AND SURPLUS $ 338,586.57 3,800.00 $ 342,386.57 1,544.16 49,733.35 415,000:00 $ 480,893.00 305,620.6.9 83,823.55 8709337.24 $ (4,998.50) 400.00 (4,598.50) $1,674,402.82 $ 233,784.60 672,700.95 700.00 907,185.55 $2 581 588.37 $ 196,175.63 14.406.54 $ 210,582.17 1.550.00 $ 212,132.17 $ 907,185.55 1,462,270.65 2,369,456.20,.-1 $2,581,588.37 SALES: Liquor Wine Beer Mix and Miscellaneous ,3zb.UU §5 310 784 51 O1* BE 8 0 73* Less bottle refunds 29 760.32 72 979.98 62 132.46 LIQUOR DISPENSARY FUND 30 705.13 76 133.10 65,759.42 172,596.65 944.81* 3 153.12* 9.882.70* 3,625.96* 1 1,6? * COMPARATIVE STATEMENT OF INCOME A AND EXPENSE $2,124,529.08 0,770,310.84 $4,994,279.31 1,118,039.59 $2,203,580.69 $1,816,567.58 $5,138, 187.86 18,600.20* $ 79,051.61* CITY OF EDINA 7,723.89* $143,908.55* COST OF SALES: Eleven Months Ending November 30, 1982 and N November 30, 1981 Inventory - January 1 Purchases 50th Street Y Yorkdale G 1982 . Total 5 .1981 I Total 5 50th Street Y INCREASE - D DECREASE* Total $ 543,066,98 $ $1,105,512,89 $ $ 939,626.34 $ $2,588,206.21 $ $ 590,105.48 $1,166,645.20 $ $1,002,332,63 $ $2,759,083.31 $ $ 47,038.50* $ 6 61,132.31* $ 6 62,706.29* $ $170,877.10* 241,649.65 4 451,843.43 3 367,751.64 1 1,061,244.72 2 613,654,60 4 473,922.37 1 1,411,068.51 4 4,096.19 5 5,795.91* 2 20,741.66 1 19,041.94 16 895.35 3 32 294.05 3 30 401.29 7 79 590,69 1 18,643.99 34 602,96 3 30 589,96 8 83 836,91 1 1 748.64* 2 2,308.91* 1 7,729.40* 4 4,448.94 .1 9,199.7 9 97,509.0 , ,832, 3.0 * *5,159,152.07 1 1, 8,7 ,7 *Z,279,713.79 1 1,88 , 75.477.87* 222.049.24* Less bottle refunds 29 760.32 72 979.98 62 132.46 164 872.76 30 705.13 76 133.10 65,759.42 172,596.65 944.81* 3 153.12* 9.882.70* 3,625.96* 1 1,6? * NET SALES 41,099,439.39 $2,124,529.08 0,770,310.84 $4,994,279.31 1,118,039.59 $2,203,580.69 $1,816,567.58 $5,138, 187.86 18,600.20* $ 79,051.61* 4-46,256.74* 7,723.89* $143,908.55* COST OF SALES: Inventory - January 1 Purchases 254,569.38 886 206.48 394,458.82 1,732,430.29 275,210.64 1 469 924,238.84 266,610.05 334,835.48 257,259.85 858,705.38 12,040.67* 59,623.34 17,950.79 65,533.46 1,140,775.86 2,126,889.11 823.16 1,7 5,033.80 4,088,459.93 5,012,698.77 975 113.49 1,2 1,723.5 1,977,332.53 2,312,168.01 1 642 378.09 1,899,637.9 4,594,824.11 88 907.01* 244,902.24* 172,554.93* 506,364.18* Inventory Nov; 30 233 ,1533-2,2 220,K222-Z4,2 266 883.21 8)0,.24 298 284 14 451,840.56 4 45,453,529.49 *100,947.68- 185,278.90* 154,604.14* 0,8 ?0.72* $ Ofl7 1 1 7SG oo t/ n :W e e , f 342,361.08 r 1,092,386.48 65 031 29* 81 540._08* 75.477.87* 222.049.24* GROSS PROFIT ' OPERATING EXPENSES: i Selling Overhead Administrative TOTAL OPERATING EXPENSES NET OPERATING S iPROFIT OTHER INCOME: I Cash Discount Cash over or under i Income on investments Other NETINCOME �L PERCENT TO NET SALES: ,-1- If .lv /,o7w.`.J Q LYL, .7 66,365.17 115,706.24 94,130.43 276,201.84 33,541.09 49,761.73 34,020.11 117,322.93 61,226.54 82,713.64 65,946.64 209.886.82 63,926.90 113,819.24 33,693.33 44,331.21 57,844,25 80.581.25 30,784.28 $ 119,658.84 $ 98,063.07 $ 248,506.19 $ 19,136.41 $ 104,421.54 $ 15,895.26 32,800.79 26,488.20 75,184,25 15,396.93 32,213.69 37.45 337.90* 216.02 84,43* 10.24* 485.85* -0- -0- 1,594.75 561.63 263.15 297.69 1,122.47 532.68 263.97 ,c7v.fc i? iii,vww,ts-1 %P 11,316.19 5 24,687.21. $ 32,869,53 $ 74,872. 95,238.02 272,984.16 2,438.27 19887.00 1,107.59* 3,217.68 34,061.16 112,085.70 152.24* 5,430.52 41.05* 5,237.23 67,211.32 205,636,82 3,382.29 2,132.39 1 264.68* 4,250.00 96 510.50 $ 590,706.68 $ 5,668.32 $ 9,449.91 $ 2,4n.32* $ 12,704.91 62,780,22 $ 186,338.17 $ 11,647.87 $ 15,237.30 $ 35,282,85 $ 62,168.02 27,802,74 75,413.36 498.33 587.10' 1,314.54* 229.11* 398.94 97.15* 47.69 147.95 182.92* 12,72 . 1,594,75 1,594,75* 1,594,75* 254.10 1,050.75 28.95 .82* 43.59 71.72 7 Gross profit 17.46% 17.31% 16.50% 17.06% 15.62% 15.57% 14,29% 15.12% Operating expenses 14.66 11.68 10.96 12.08 13.91 10.83 10.82 11.50 Operating profit 2.80% 5.63% 5.54% 4.98% 1.71% 4.74% 3.47% 3.62% Other income 1.50 1.54 1.52 1.52 1.57 1.45 1.56 1.52 NETINCOME 4.30% 7.17% 7.06% 6.50% 3.28% 6.19% 5.03% 5,14% ;A i r 9. ,c7v.fc i? iii,vww,ts-1 %P 11,316.19 5 24,687.21. $ 32,869,53 $ 74,872. 95,238.02 272,984.16 2,438.27 19887.00 1,107.59* 3,217.68 34,061.16 112,085.70 152.24* 5,430.52 41.05* 5,237.23 67,211.32 205,636,82 3,382.29 2,132.39 1 264.68* 4,250.00 96 510.50 $ 590,706.68 $ 5,668.32 $ 9,449.91 $ 2,4n.32* $ 12,704.91 62,780,22 $ 186,338.17 $ 11,647.87 $ 15,237.30 $ 35,282,85 $ 62,168.02 27,802,74 75,413.36 498.33 587.10' 1,314.54* 229.11* 398.94 97.15* 47.69 147.95 182.92* 12,72 . 1,594,75 1,594,75* 1,594,75* 254.10 1,050.75 28.95 .82* 43.59 71.72 7 Gross profit 17.46% 17.31% 16.50% 17.06% 15.62% 15.57% 14,29% 15.12% Operating expenses 14.66 11.68 10.96 12.08 13.91 10.83 10.82 11.50 Operating profit 2.80% 5.63% 5.54% 4.98% 1.71% 4.74% 3.47% 3.62% Other income 1.50 1.54 1.52 1.52 1.57 1.45 1.56 1.52 NETINCOME 4.30% 7.17% 7.06% 6.50% 3.28% 6.19% 5.03% 5,14% ;A i r 9. 7 Gross profit 17.46% 17.31% 16.50% 17.06% 15.62% 15.57% 14,29% 15.12% Operating expenses 14.66 11.68 10.96 12.08 13.91 10.83 10.82 11.50 Operating profit 2.80% 5.63% 5.54% 4.98% 1.71% 4.74% 3.47% 3.62% Other income 1.50 1.54 1.52 1.52 1.57 1.45 1.56 1.52 NETINCOME 4.30% 7.17% 7.06% 6.50% 3.28% 6.19% 5.03% 5,14% ;A i r 9. ;A i r 9. L.eBistro firm leaves Edina '14 By DAVID DUFF Le Bistro is a rapidly expanding restaurant enterprise that began in Edina. Owner Neil Berman has just moved his headquarters to Rich- field after turning over his Edina restaurant to new owners. There are now 11 Le Bistro`res- taurants in Minnesota, Wisconsin and North Dakota, and Berman schedules a new one every two �. months. In order of openings, the restaurants are in Edina at i Yorktown Mall, at Rosedale, in j Minnetonka, Burnsville, at Town j Square in St. Paul, at Rochester, Northfield, LaCrosse, Fargo; Stillwater and Northfield. The franchised restaurants are in Edina (now), Rosedale, Northfield and Hutchinsoq. Berman owns the rest. All of them — except No. 1 in Edina — have full liquor licenses. All serve wine. And therein ties the Edina prob- lem — no service of wine allowed in Edina. Asked why he sold his Edina or restaurant, Berman said last week, "I became disillusioned with the city fathers and their lack of sensi- tivity to the market and the elec- .: torate. �+ "We wanted to let the people be heard," Berthan said. "The council z wouldn't' .permit the referendum M the restaurant owners offered to � ` av for• Berman said he felt the city e council let the restaurant owners g believe for some months that the wo council was considering approving wine licensing for restaurants. Then, Berman, said, the counci chose to disregard a favorable re- port produced by the city staff. o we sold Me ETHMxrestnbrant . .. • to a fine rnimte " R�n�.• --- .1 C W N N r �D co w m z• z M 5x a b wo a %,A < fCD O z M 0 c+ C+ %.A N M Olt (D O' In P 9 (D c+ -;r m 0 m 0 h C 'd M C M :3 'd n cF C (D O 3e F+• X h F'• FJ (D ~ & o � M C F+• c+ e+ O �C (D N O 0 O :3 c+ m c+ M 0 O+ 0 A. W O W (D � � ' a o K C+ z • e+ P 1 (`+D 61 h (D w a Z 7d hd D • • a (D M CD (xD N (AD � (�D w �i c+ fD e+ a o � P1 9 O h • c+ 0� G h C W N N r �D co w MEMORANDUM TO: MAYOR AND COUNCIL DEPARTMENT HEADS FROM: KENNETH ROSLAND, CITY MANAGER SUBJECT: 1982 CORPORATE REPORT DATE: FEBRUARY 2, 1983 Attached you will find the 1982 Corporate Report for the City of Edina. Ci anager'� KER:md attachment CITY OF EDINA CORPORATE REPORT - 1982 EDINA /1982 The year 1982 was for Edina another year of transition as society in,general undergoes the transformation from an industrially based society through a service society to an informational one. This transformation, coupled with a growing consensus that government is not the sole.or ultimate answer to solving society's problems and the fact that money is no longer abundant, has made management of the City more challenging in fashioning solutions to the problems brought about by these changes. Exercising its continued leadership, the City has worked to develop new ways to provide its services, begun to realistically examine its markets, prepared for the shift of functions to local government and re- evaluated its functions. Once done, the City has set its directions for the next several years. Economic Economics dominated the outlook for most people in 1982 as the recession deepened. The Gross National Product (GNP) ended 1982 with a 1.8% contraction. Unemployment nationally reached 10.8% by the end of December, the worst since the '30s with statewide unemployment reaching 9.3 %. While a significant portion of the state's unemployment was due to layoffs on the Iron Range, (ranging from 20.3% to 38% for Iron Range counties) the metropolitan area's unemployment rose to 7.4 %. The good economic news has been the fact that inflation as measured by the Consumer Price Index (CPI), which reached 14.9/ locally for 1981, rounded out 1982 at 2.6% (December- December) although the 5.5% (October - October) is probably more reflective of actual conditions; a trend expected in such a deep recession. (Using the CPI as an index of inflation, the cost of goods has tripled since 1967). Interest rates which were used by the Federal Reserve to slow inflation are in part blamed for the lack of a business recovery by mid -1982, although 1982 witnessed a significant decline from the prime's rate high of 17% in February to a year end,low of 11 %. The ongoing recession's principal effects on the City organization have Corporate Report - 1982 Page 2 been financially through the State's three rounds of budget cuts which reduced the money to the City by $280,000 in a combination of local government aids and homestead credit cuts. The State also is now using the statewide municipal pension systems to help alleviate part of its financial problems through a 2% increase in employee contributions. These cuts were necessitated by an ongoing state government deficit caused by: a) the State's primary sources for tax revenues - income and sales tax collections - having dropped markedly because of the recession, and b) increased State spending enacted by recent legislative sessions. In addition to the aid cuts to local governments, the State did enact increases to both the State income and sales tax for 1983 to help solve the deficit. These tax increases will only intensify Minnesota's economic problems resulting from its high tax reputation. This, coupled with Minnesota's poor reputation in the areas of worker compensation and unemployment, could have a long term impact on Minnesota's economic climate and therefore, Edina's. As for service impacts of the recession, the only noticable impact has been a significent decrease in the number of building permits and amount of value for which permits were issued, with no marked increase in a demand for public safety services. The only other direct impact on the City of the recession and the high interest rates through the spring and summer has been the continued delay of the Edinborough Project. Political In addition to the November re- election of Council Members Fred Richards and A. Charles Bredesen III, the principal political events for 1982 were: - Redistricting in which the suburban areas gained in representation in the State Legislature. All of Edina, together with Eden Prairie, was placed in one Senate District and the two.accompanying House Districts. - From these new districts Mary Forsythe was re- elected to represent part of Edina, with Sidney Pauly of Eden Prairie being elected to represent the balance of Edina and all of Eden Prairie in the House of Representatives. Don Storm was elected to the Senate seat vacated by retiring Senator Otto Bang. Corporate Report - 1982 Page 3 Significant elections also included the passage of a 6 -mill increase referendum by School District No. 273 in October (an increase equal to half of the City's entire tax levy) and the November general election in which the State elected Rudy Perpich for his first elected term as governor. Significant Events - Completion of cable television service to the entire community by September. - Installation and activation of enhanced 911 for emergency services for the entire seven county metropolitan area on December 1. - Three of the four record snowfalls; two in January and one in December. - Introduction of "Neighbors' Home Watch" as a significant crime prevention effort. - Significantly improved DWI laws. - Completion of the League of Women Voter Budget Study. - Development by staff of "The Plan" in five parts to deal with long range planning and organizational development. - Construction of the Golf Dome as a means to provide a park facility and to generate revenue for the City from un -used land. - Third Annual Edinamite which generated approximately $20,000 for The Edina Foundation. - Alteration of the volunteer recognition format to a reception in April, 1982. Council Actions - Commencement on cable television of Mayor Courtney's Edina Report whose interview format has introduced elected and staff personnel to Edina in its first 22 programs and is shown in all five Southwest communities. - Commencement by the Council of its long range planning and decision making process. - Issuance of $4.5 Million in revenue bonds for Fairview - Southdale Hospital. - Consideration of an ordinance amendment to permit wine licensing in restaurants. - Additional annexation from Bloomington of a small parcel near the Edinborough Project as continuation of the 1981 land swap. - Consideration of ordinances governing licensing and location of video games. Corporate Report - 1982 Page 4 - Inclusion of objective noise ordinance standards from Minnesota Pollution Control Agency regulations in the City's noise ordinance. - Review of the current ordinance as it relates to masseuses as accessory uses in commercial business areas. - Formation of a joint powers agreement to jointly administer the cable franchise. Edina Expectations - 1983 Noticeable economic recovery on the national level is expected in late spring or early summer of 1983. Unemployment will by then have crept up by an additional .2% to .3% nationally, but as much as .5% in Minnesota. Given the current expectations of the federal government 1,983 deficit, interest rates will begin to rise in March or April and have a dampening effect on the economic recovery. The inflation rate for 1983 will be up a bit at about 5.5% - 6.5% due principally to increased interest rates, with a prime rate of 12% -13% by mid 1983, principally due to heavy federal treasury borrowing to fund a $150 -200 Billion federal deficit for fiscal 1983 (ending September 30). As the recession dragged on through 1982, some economists argued that we were actually in a depression (defined as a long, severe recession) which they did not expect to bottom out until mid 1984, followed by a modest recovery. Unlike the 1930's depression, it has not been triggered by dramatic events such as the stock market crash but has been a gradually continuing decline. Although there is expected to be a modest upturn from the current recession on the state level also, Minnesota will continue to face its two major problems: - Short term financial shortfalls which without changes in spending or revenue generation could reach $700 -900 Million in additional shortfalls during the 1983 -85 biennium. - The continued perception as a state with an unfavorable business climate, discouraging either expansion or new business in the state and possibly driving out present business. Minnesota's hardest hit economic sectors, agriculture and iron ore, will continue to have a very difficult year because agriculture has been too productive and efficient Corporate Report - 1982 Page 5 while the taconite industry suffers because of the lack of improved productivity in both the basic steel industry and car industry. The State Legislature's attempts to date to solve the recurring financial problems have produced only short term, stop gap measures with the needed change in direction possibly coming only as things continue to worsen. Business in Edina should generally see an upswing in 1983 and most of its residents will benefit from the modest upturn. The State's continued fiscal problems will result in the City of Edina moving even further away from any dependence on the State. GENERAL MANAGEMENT The principal general management project for 1982 was the production by a staff- appointed Executive Committee of "The Corporate Plan" which consisted of the following sections: - Edina Introduction - Corporate Goals - Corporate Organizational Guidelines - Corporate Strategy (1982 -1988) - Corporate Work Plan /August 1982 - December 1985 Through the Work Plan the City staff has set out its principal improvements in the areas of revenue generation and finance; computerization and information management; marketing; and improved service production and compensation. Personnel The number of authorized fulltime personnel positions remained constant at 210; however, several remained unfilled during the year for varying periods of time in order to help ease the budget reductions. Turnover was at a low 5.7 %. During the year the City sponsored a Wellness Day for its employees, courtesy of Bloomington Public Health Nursing Service and undertook a consultant's study of health coverage options available to employees and their families. Legally, the District Court upheld the City's position in a discipline case and also denied a temporary injunction sought by the International Association of Firefighters to stop the Volunteer Firefighter Corporate Report - 1982 Page 6 Program. Currently, the City is negotiating on bargainable impacts of the program. Finance The principal financial event of 1983 was the $280,000 reduction in State monies for the general budget, which was handled without layoffs. The following outlines how the 1982 Budget compares with the two previous years.and with 1983 projections: 1980 1981 1982 1983 Overall Budget Increase Over Previous Proposed 8.7% 6.2% 8.5% 6.3% Actual 6.2% 11.4% 1.2% - Local CPI 11.0% 15.6% 2.6% 6.5%* Percentage Funded By Property Tax Proposed 59.1% 60.5% 60.8% 64.0% Actual 58.9% 57.2% 60.3% - Percentage Increase in Taxes Raised Proposed 12.9% 7.8% 9.1% 11.7% Actual 13.3% 8.2% 6.7% - Mill Rate Actual 9.849 9.214 9.065 - of Tax Dollar 10.9% 10.9% 10.3% - (The 1982 actuals reflect the reduction in Homestead Credit paid by the State.) * Projected The market value of all property in Edina reached $2.238 Billion for 1982 payable 1983, a 11.6% increase over 1982 with assessed value increasing 12.7% over 1982. While Edina ranks sixth in population in the State behind Minneapolis, St. Paul, Duluth, Bloomington and Rochester, it ranks fourth in assessed value, ahead of Duluth and Rochester, and has more taxable value than 81 of the state's 87 counties. Corporate Report - 1982 Page 7 Estimated Market Value Percentage Change Assessed Value Percentage Change 1980 1981 1982 1983 $1.530 Bil $1.797 Bil $2.008 Bil $2.242 Bil 17.6% 17.4% 11.7% 11.6% $431.4 Mil $498.8 Mil $558.5 Mil $629.0 Mil 4.9% 15.6% 11.9% 12.6% The mill rate for the City represented about 10% of the tax dollar and is the lowest mill rate of any major city in the state. 1980 1981 1982 1983 Percentage of-Estimated Market Value (EMV) Residential 74.4% 74.9% 74.8% 75.2% Commercial /Industrial 19.2% 18.9% 19.4% 19.3% Apartments 6.4% 6.2% 5.8% 5.5% Percentage of Assessed Value Residential 64.2% 63.5% 63.5% 64.5% Commercial /Industrial 28.1% 29.1% 29.9% 29.4% Apartments 7.7% 7.4% 6.6% 6.1% Approximate Percentage of Taxes Paid (after homestead) Residential 54.8% 54.4% - - Commercial /Industrial 35.7% 37.0% - - Apartments 9.5% 9.0% - The effective tax rates for commercial property was 3.8%, up from 3.7% in 1981, while the taxes and effective tax rates on homesteaded residential property has been as follows: Corporate Report - 1982 Page 8 Market Value Taxes Effective Tax Rates 1981 1982 1980 1981 1982 $50,000 $ 337 $ 348 1.16% :67% .70% 100,000 1,332 1,393 1.93 1.33 1.39 200,000 3,693 3,867 2.30 1.85 1.85 400,000 8,416 8,811 2.52 2.10 2.10 Intergovernmental aids from the state and federal governments represent 17:9% of the 1983 Budget, down from 19.7% of the original 1982 projection. The actual amount received in 1982, however, was only 17.6% after aid cuts. Due to changes in design criteria, Edina will lose about $40,000 from the state in 1983 for municipal state aid funds. Fees were projected to make up 5.9% of the 1982 Budget. In actuality, they constituted 6.6% by year's end. The 1983 Budget estimates that fees apart from the liquor stores' contribution will be 7.8 %. The balance of revenues (10.5 %) for the tax supported funds is made up of fines, charges, investment income and revenue from the liquor stores. The 1983 liquor stores' contribution is set at 5.3% of the total budget which equals about .8 of a mill. As for expenditures, personnel services (salaries) represented 57.9% of the 1983 Budget, about the same as the completed 1982 Budget. All personnel costs make up 72% of the 1983 Budget. Capital outlays will be 6.6% of the 1983 Budget, down from the original 1982 amount of 7.8 %, but up from the actual 1982 outlay of 6.3 %. The balance is for commodities and contractual. Total anticipated revenues for all funds, both tax supported and enterprise funds, are estimated to reach $19.6 Million for 1983, up from $18.7 Million originally estimated in 1982. (Excluded are revenues for tax increment projects and special assessment revenues from non -City sources.) The sole indebtedness instruments issued by the City in 1982 were the hospital revenue bonds of $4.5 Million at a nominal interest rate ranging from 9.25% to 12.25% Corporate Report - 1982 Page 9 depending on year of maturity. During 1982 $1.045 Million of bond payments were due leaving an outstanding indebtedness of $12,740,000 for special assessments, revenue and general obligation bonds. Balance 1/1/82 1982 Principal 1982 Indebtedness Issues Payments Balance 12/31/82 General-Obligation/ Redevelopment $ 6,500,000 $ 100,000 $ 6,400,000 Revenue: Golf Course 290,000 40,000 250,000 Recreation Center 295,000 105,000 190,000 Special Assessment 6,700,000 800,000 5,900,000 All categories: $13,785,000 $1,045,000 $12,740,000 (a) (a) Hospital Revenue Bonds not included. COMMUNITY DEVELOPMENT The combination of reaching full development together with the recession resulted in a drop of 24% in the number of building permits issued and a 46% drop in the amount of market value added ($28.4 Million of new value). New construction accounted for 42.7% of the total increase with apartments and condominiums accounting for 57% of all new construction. The majority of the value (57.3 %) was for additions and remodeling of which almost three - fourths was for non- residential properties. The number of permits reflected the continued trend of more remodeling and small additions. While several new projects were discussed in 1982, they have been held in abeyance due to high interest rates and the recession. Notable among developments in the community were: - Completion of cable television construction by Minnesota Cablesystems Southwest with initial subscription secured from 42% of homes marketed. - Significant improvements in Arden Park which included new playground equipment, a walking path, improved hockey rink new lights and new trees. - The completion of the walking path through the south end of Braemar which is the key to eventual development of a full 3 -mile walking path. Corporate Report - 1982 Page 10 - Construction of the Golf Dome, only the second in the nation, and the attendant structure to be used as a park shelter in the summer months. - _Construction of a large park shelter in Cornelia Park which will enhance family style activities in that part. - Road alterations on Dewey Hill Road and near Cahill and Gleason Road next to the Crosstown Highway. Of community development significance, the City: - Received its 1980 Census Bureau data. - Reviewed 41 zoning variances. - Issued 75 sign permits. - Let 10 improvement contracts and 3 private development agreements. - Considered revision of scope and financing of the Edinborough Project which had gained some land in the swap with Bloomington. In the area of Historical preservation: - The Country Club District was approved for placement on the National Register of Historic Places following considerable effort by the Historical Preservation Board. - Historic tours of the City in general and the Country Club District in particular are being developed by the Historical Preservation Board. - Zoning of the old St. Patrick's Church, 7000 Cahill Road, as a Heritage Preservation District, together with preliminary approval of a Planned Residential District on the site. PUBLIC SAFETY As mentioned previously, the most noticable change has been the introduction of the enhanced 911 emergency number brought on line December 1, 1982, which through the use of one metro -wide number automatically routes the call to the proper emergency agency together with the calling party's telephone number and location. Calls for service in the police area seemed to have leveled off although there Corporate Report - 1982 Page 11 seems to be some year to year variation around an apparent mean. Specific areas of increase include driving while intoxicated (DWI) where arrests have increased by 150 %. Total fire calls of 609 for 1982 showed a second year of decreases since 1980, with a decrease of 16% from 1981 and an overall 22% decrease from 1980. These may reflect improvements in holding down the number of false alarms from systems. Medical calls totaling 1,160 also were down slightly from 1981 (3%) and 1980 (6%). Organizationally, William Feck was appointed as Acting Fire Chief to assist operations, freeing the Public Safety Director to focus on long range planning issues. The maturing of the Community Service Officer Program (CSO) has proved beneficial in maintaining service levels and the Volunteer Firefighter Program has been successful in providing the needed response for demand times. Further attempts to reduce false alarms were undertaken, with the Fire Department introducing a false alarm charge after two alarms per year. While the number of security alarm systems increased, the demand for police response remained stable. False alarm responses were partially offset by the additional revenue generated. It is difficult to estimate what the increase in calls would have been without the fees; however, given the estimated growth in installations it would be expected to have been considerable. Other fee adjustments in Public Safety included a marked increase in sprinkler permit fees to equate to the cost of inspection. Other notable events in the area of Public Safety included: - Successful sewer connection or waiver of all but two of the 73 homes that required connection to the City, with those two expected to be connected in 1983. - Introduction of the "Neighbor's Watch Program" sponsored in part by the Edina Crime Fund has received overwhelming interest in its "natural cluster" format and is expected to be a major step forward in the crime prevention area. The program will utilize the Senior Police Reserve for its administration. - Impact of cable television in two aspects of Public Safety: 1) Use of locally developed crime prevention presentations for broadcast Corporate Report - 1982 Page 12 on cable local access. 2) Exploration of cable television -based security alarms for Edina. - Exploration of increased health inspections on a fee per inspection basis for food service establishments which have requested such assistance to improve their standards. - The continued monitoring of well water in the northern area has revealed an absence of polyaromatic hydrocarbons (PAHs). PHYSICAL OPERATIONS The single biggest set of events for this area was the three snowfalls, two in January (20th and 22nd) and the one on December 28, that respectively placed second, first and fourth in the record books for the most snowfall in a single storm. Coupling these storms with a 1981 -82 winter season that produced a record snowfall for a winter in this area, the abilities of the City's snow crews were taxed, together with its police and fire personnel. Although taxed, they demonstrated dedication and tireless effort to maintain the excellent service level in snow removal for which Edina has been known over the years. In 1982 this area has: - Principally through deferred equipment purchases and several hiring delays, taken a disproportionate share of City cutbacks made in 1982. - Seen the completion of the infiltration and inflow study (I /I) of the sewer system(s) which indicated that, while there has not been excessive I/I in the system, there is a need for continued evaluation and rehabilitation in order to yield lower payments to the Metropolitan Waste Control Commission. - Commenced the improved utilization of manpower and equipment between Park and Recreation and Public Works to meet demand times in each area. - Reached agreement to resolve the Adams Hill Pond problem in Richfield. HUMAN SERVICES During 1982, the Human Relations Commission reviewed the recommendations of the Corporate Report - 1982 Page 13 South Hennepin Human Services Study and recommended to the Council and the School District areas where each could work to improve services to the community. Other items of note in this area: - Exploration of other vendors to provide public health nursing services. - Continued utilization of the no -fault grievance process to handle alleged discrimination cases (11 cases heard). - Joint sharing in selected areas of the volunteer transportation program with Richfield. SUMMARY The Eighties have brought an exciting era of transformation which has assisted Edina in reassessing its role and organization. With its redefinition, Edina continues to exert leadership in municipal government in Minnesota in the ways in which it provides and funds appropriate services for its customers, the people of Edina. To: Mayor and Council Members From: Leslie Turner Subject: Edina Expo '83 Date: February 2, 1983 As I mentioned at a recent Council Meeting, the City will have an extensive exhibit at Edina Expo '83. Your presence will give citizens an opportunity to meet you and share their views. It would be helpful if you could indicate to me on Monday night before the Council meeting which time might be good for you to be at Expo '83. April 16 Saturday 11 -12 1 - 2 3 - 4 April 17 Sunday 12 -1 2 - 3 THANKS FOR YOUR HELP! o :n t- K • Fix- To: Community Task Force II S a n,u.n t 3) lqn This morning's meeting brought us two guest speakers, to give us an idea about the "State of the Art" in Prevention. Our first speaker, Jerry Jakers, is Coordinator of Technical Assistance for the Minnesota Prevention Resource Center, a major project of the Minnesota Institute. Our second speaker, Peter Bell, serves as Executive Director of The Minnesota Institute on Black Chemical Abuse. For those who were unable to attend this meeting, and as a reminder for those who were, the following is a recap of what was said. Jerry Jakers began by reminding us that historically, there have been about five methods of attacking the problem of chemical abuse; colonial (moralistic), temperance, social control (post prohibition - an attempt to control the drink- ing rather than the drinker) and alcoholism as a disease. The last placed minimal emphasis on social control, and raised some questions about prevention being possible when genetic tendencies were present. Finally, communities began to see it as a public health problem, focusing.more on specific issues such as driving while drunk, drinking during pregnancy, etc, and deciding how to attack each prob- lem. He suggested that three main components make up chemical health, prevention, intervention and promotion. The first, prevention, includes providing accurate information, alter- - natives, peer support, social policy and social standards or norms. The second, intervention, includes assessment, treat- ment and after -care. The third, promotion, includes self - awareness and social competencies. Jerry spoke about ways in which some communities are fighting the problem; parent groups are forming, information and aware- ness programs are being provided. Medical awareness is being stressed. The religious community is inviting AA groups in to churches, fostering responsible hosting parties, etc. Schools are looking at policies and devising mechanisms for intervention. Park and Recreation Departments are including information about chemical problems in their programs, and newspapers and radio join in broadcasting the message. He suggested that as a task force we look at some of the things that are working in other communities. Our second speaker, Peter Bell, spoke of two basic approaches, 1. Social competencies, and 2. Social policy. The approach he stressed this morning was the second. He noted that in cultures where there has been a minimal problem with chemicals such as the orthodox Jewish community, or the.native Indian community two hundred years ago, the following was true: f 1. There was a clear agreement about what chemicals were legitimate to use. 2. The rules were clear regarding when, where, and why use, and what behaviors would-be tolerated. 3. It was clear who established and communicated the rules, and 4. There was a clear system of accountability. Peter suggests that when a community has clear rules, norms and standards, communicates them clearly and holds rule- breakers accountable, their chemical problems will be minimized. He also suggested that the easiest way to arrive at consensus was to agree on what would not be acceptable, rather than what was. Prevention, he said', should be expanded to include preventing harmful effects on the community, e.g. laws regarding driving while intoxicated. He stressed that when standards are under- stood clearly, social competency programs gain effectiveness. A question period followed the presentations, and then plans were made for the next meeting, Thursday, January 20th. This meeting will be devoted to the assessment of problems, and it was decided to hear from the following: police, Storefront/ Youth Action, school administrators, religious community, South Hennepin Human Services Council, Chamber of Commerce, kids and parents. Each task force member will talk to five individuals during the week, asking them how they see chemical use problems affecting our community. See you next Thursday, / I "ASSESSING THE PROBLEM" JANUARY 20, 1983 The following is based upon notes taken at the January 20 _ meeting of the Edina Task Force II: A. Police Department Data Mr. Schwartz of the Edina Police Department offered the following statistics and observations: Juvenile contacts by the police department fell from 776 in 1980 (when warnings were also.issued) to 561 in 1982 (when the practice of warnings had been discontinued). In 1980, there had been 332 chemical - related arrests, of which 36 were marijuana- related and the vast majority of others alcohol- related. This.represented 32 percent of all juvenile categories. In 1982, by contrast, there were 164 chemical - related arrests, of which 29 were marijuana and most of the remaining were alcohol- related. This represented 29 percent of all juvenile categories. These changes in the actual numbers should be viewed in light of a 6 percent drop in the school population from 1980 -82. . There were 9 DWI violations involving juveniles in 1980 compared with 5 DWI violations in 1982. In addition, though, 1982 had 10 juvenile violations for open bottle. Mr. Schwartz estimated that approximately 5 -10 percent of elementary school students and approximately 50 percent of junior high school students have tried alcohol. He further estimated that approximately 25 percent of junior high school students and approximately 50 percent of senior high school students had tried marijuana. When asked about specific problem community, he indicated that them "hangout" areas such as the video He also indicated that the liquor France Avenue was a good location in the springtime. locations in the E! were specific arcade in Southdale. store at 44th and for purchasing kegs - 2 - B.- Storefront /Youth Action Don Brundage reviewed the major chemicals of choice in the Edina High School in the order of alcohol, marijuana (occasionally including Sinsemilla), speed (frequently lookalikes), LSD and mushrooms, and cocaine. He profiled trends in use and pointed out that more sophisticated paraphernalia such as dugouts makes it virtually impossible to detect a student smoking at school. Beth Fagin commented on Storefront's contacts with adolescents and their families in 1982. She indicated that counseling contacts involved the following problems in descending order of frequency: Family Problems Adolescent Chemical Use Alcohol Or Drug. Use By Another Family Member Adolescent Personal Problems Shoplifting (approximately 30 percent of whom have chemical dependency problems in the family) C. School Administration Mr. Cabalka showed the group the physical plant of Edina High School and commented on the trends in the school.'s reponse to chemical use problems over the last decade. Like some of the discussion which followed, he focused particularly on the use of tobacco in the school, especially in the girls' lavatories. Mr. Burnett indicated that, from his conversations with other elementary principals, there was no evidence of alcohol or drug problems at that level. However, he reflected the general concern of elementary principals that the seeds of .self- esteem and decisionmaking are sown during the elementary school years and that preventive action must be taken at that level. Mr. Mellenthin commented on the problem at the junior high school level. From his conversations with other administrators and teachers, he observed the general pattern that students are more conciliatory than in past years and parents are more aware of problems. He compared suspension and vandalism statistics between 1978 and 1982 noting that 28 percent dropped in.suspensions between those two years and a 40 percent drop in vandalism. In addition, he noted that the type of 3 _ vandalism is less serious now and that the rate of drug- related suspensions has.gone down dramatically (although referral to other resources is now more frequent). He did note that problems related to tobacco had remained fairly constant (29 incidents in 1978 and 21 incidents in 1982). He also noted, though, that chewing tobacco had become far more prevalent in recent years. He concluded by saying that the problem was still there and particularly noted the number of special groups which existed within the school to attend to the needs of individual students. D. Youth Response Tony, Sandy, Tracy, Carol, and Andy reinforced most of what other members of the task force had said. Tony indicated that he felt adults were more aware than in the past; Sandy commented on the popularity of chewing tobacco in the junior high school; Tracy commented on her experience in the peer leadership program and expressed the feeling that high school students could have the most influence by interacting with junior high and elementary school students; Carol commented on the lack of enforcement for regulations such as cigarette smoking and reinforced some earlier comments about the problems in the girls' lavatories; Andy reinforced some of the comments made earlier and shared some of his difficulties in making new friends since quitting chemicals a couple of months earlier. Proposed 1983 City Policies For distribution to all member officials These proposed policies are being mailed to all clerks and administrators for distribution to all officials. Each mayor will also receive a copy. Additional copies are available from the League office. Member officials are urged to review proposals developed by the LMC Legislative Study Committees and recommend by the LMC Legislative Committee to the membership. Each policy has been designated with an 'A, B, or C priority. An explanation of the meaning of each level can be found on the reverse side of this cover sheet. Policies will be reviewed and adopted at the morning session of the 1983 LMC Legislative Action Conference, Wednesday, January 26,at the St. Paul Radisson Hotel, 11 E. Kellogg Boulevard. If there are questions or comments prior to that date, contact committee chairs, vice chairs, or League staff. League of Minnesota Cities TABLE OF CONTENTS Page Contents.............................................. ..............................i Foreword ... ..... ............. .. .. .......... ........ .v Committee members ..................................... ...... :.......................v Public Health and Safety PHS -1. Good Samaritan Liability (A) .................... ..............................1 PHS -2. Fire Personnel Standards ( A) ...............:..... .......................:......1 PHS -3. Issues in Law Enforcement Personnel (A) ........... ..............................1 PHS -4. Adverse Possession ( A),,,,,,,,,,,,,,;,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2 PHS -5. Fire Codes (A) .................. .. ..............................2 PHS -6. Updating of Building and Fire Codes (B) ............ ..............................2 PHS -7. Building and Energy Code ( B) ...... .......................:....... .2 PHS -8. Handicapped Provisions of the State Building Code (B) ..............................3 PHS -9. Youth Service Bureaus (B) ................... ...........................3 PHS -10. Work Restitution Programs (B) ............ ............................... , , , ,3 PHS -11. Emergency Medical Services (B) .................. .......:....................:.3 PHS -12. Liquor Issues (B) ................ . ..............................3 PHS -13. Prosecution Costs and Responsibility (B) ........... ..............................4 PHS -14. Uniform Colors (C) ............................ ..............................4 PHS -15. Emergency Telephone System ( C) ................. ..............................4 PHS -16. Beer Keg Registration (C) ....................... ..............................4 Personnel, Pensions and Labor Relations PPLR -1. Minnesota Public Employee Labor Relations Act (A) .. ..............................4 PPLR -2. Day Labor Restrictions ( A) ...................... ..............................5 PPLR -3, Workers' Compensation (A) „5 PPLR -4. PERA Benefits, Financing and Administration (A) .... ..............................6 PPLR -5. Relief Association Member Lobbying (A) .............................. 7 PPLR -6. Formal Civil Service Systems (A) ..... ............................... .7 PPLR -7. Government Training Service Funding (B) ............................ .7 PPLR -8. State Board of Investment Performance (B) ................... "....... 7 PPLR -9. Unemployment Compensation (B) .......................... .. :.. .8 PPLR -10. Veterans Preference (B) ................................... .... 8 PPLR -11. Volunteer Firefighters Double Dipping (B) ...... 8 PPLR -12. Disability Retirement (B) ................... .8 PPLR -13. Employee Bonuses (C) ......................... ................................ 9 PPLR -14. Volunteer Ambulance Systems (C) .... i,,,,, , , , , , , , , , , , , , , , 9 PPLR -15. State Taxation of PE RA Contributions (C), , , , , , , , , , , , , , , , 9 PPLR -16. Temporary Military Service ( C) ................... ..............................9 Government Structure GS -1. Mandates (A) .............................................................. 10 GS -2. Open Meetings (A) .......................... .10 GS -3. Uniform Information Practices (A) .............. . ................... ,10 GS -4. Personal Bonds (A) . ................... ........... 10 GS -5. Adjusting Dollar Limits (A) 10 GS -6. State Licensing of Contractors (B) ......... ,10 GS -7. Tort Liability (B) ............................. .............................11 GS -8. Cable Television (B) ........................... .............................11 GS -9. State Audits and City Financial Reporting Requirements (B) .........................11 GS -10. Publication of Small Cities' Financial Statements (B) .. .............................12 GS -11. Uniform Local Government Election Day ( B) ........ .............................12 GS -12. Election Day Registration (B) .... ............... .............................12 GS -13. Campaign Financing and Disclosure (B) ............ .............................12 GS -14. Validating Absentee Ballots ( B) ..... ............................... ..........13. GS -15. Voting Equipment (C) ....................................... I............ ..13 GS -16. Precinct Boundary Changes (C) ............... ............................:13 GS -17. Collateral for Depositories (C) ........ ........:..: .............................13 GS -18. Purchasing and Contracting Issues (C) ........................ .................14 GS -19. Home Rule (C) ..... ........................ .............................14 GS -20. Improved City Code (C) ........................ .............................14 Revenue Sources RS -1. Levy Limits (A) ........................ .... .............................15 RS -2. Adequate Funding for Local Government Aid (A) .................... . .......:...18 RS -3. Alternative Revenue Sources (A) . ................ .............................18 RS -4. Special Assessment Financing (A) ..... .. ............................ ..19 RS -5. Local Government.Aid Formula (A) ..................... ...............19 RS -6. Timing of Property Tax Payments ( B) .............. .............................19 RS -7. Homestead Credit (B) ................... ...........20 RS -8. Railroad Taxation (C) . ...................... .............20 RS -9. ,Tax- Exempt Property (C) ......... ... ....... .............................20 RS -10. Assessment Equalization (C) ..... ............................... . :.........21 Land Use, Environment, Energy and Transportation LUEE -1. Transportation (A) .................. .... .............................21 L1SEE -2. Solid and Hazardous Waste Management ( A) ......... .............................22 LUEE -3. Manufactured Housing (A) ..... ........ ............................... ....23 LUEE4. Agricultural Land Preservation (A) ........ ............................... ....23 LUEE -5. Surface Water Management (A) ...... ............ .............................24 LUEE -6. Flexible Approach to Pollution Control (B) .......... .............................24 LUc7E -7. Eminent Domain Law (B) .._ ..... ............................... . ............25 LUEE -8. Rezoning Requirements for Cities of the First Class (B) ....... ........... .... . .25 LUEE -9. Energy Conservation and Production (B) ............................. ........25 LUEE- IO.Shade Tree Disease Control (B) ............. .... ........................ ...26 LUEE-1 1. Initiative-Referendum for Zoning Ordinance ( C) ...... .............................26 LUEE-1 2. Erosion and Sediment Control (C) ............ ............................... .26 LUEE- 13.Orderly Annexation (C) .......................................... ...........26 LUEE- 14.Minnesota Municipal Board ( C) ..................... ................:............26 LUEE-1 5. Intergovernmental Strategies (C) ............... . .............................27 LUEE- 11 6.Planning Grant Program (C) ......... .............. ......................27 LUEE -17. Use of Funds from Subdivision of Land (C) ......... .............................27 Development Strategies DS -1. `Community Development Principles ( A) ............ .............................27 DS -2. Small Cities Community Development Block Grants (A) ............................28 15S -3. Special Assessments (A) .......................... ....................... .28 DS -4, Enterprise Zone and Industrial Employment Property (B) ....................:......29 DS -5. Tax - Exempt Status of Land Held by Cities for Development (B) ......................29 DS -6. Small Business Development Financing ( B) ........................................ 29 DS -7. Tax Increment Financing (C) .................... .............................29 DS -8. Housing (C) ............................................................... 29 DS -9. Industrial Revenue Bonds (C) .................... .............................30 DS -10. Rent Control (C) .............................. .............................30 Federal Legislation FL -1. General Revenue Sharing (A) .................... .............................30 FL -2. Municipal Bonds (A) ......... ................ .............................31 FL -3. Industrial Development Bonds (A) ................ .............................31 FL -4. Community Development (A) .................... .............................31 FL -5. Wastewater Treatment ( B) ....................... .............................32 FL -6. Cable TV (B) .............................................................. 32 FL -7. Federal Labor Legislation (C) .................... .............................32 One of the most important purposes of the League indicated next to the title of each proposed policy. is to serve as a vehicle through which municipal These priorities were developed by the study officials throughout the state can define their committees and reviewed and, in some cases, mutual problems and develop positive. policies and modified by the Legislative Committee. Proposals for their solution. To accomplish this purpose a three -step con- sultative process has been established providing for the study of issues by committees of municipal officials, the r&vew of the resulting recommenda- tions by the .Legislative Committee composed of the Board of Directors and the study committee chair - persons, and final adoption at an annual legislative conference attended by representatives of all member cities. The policy statements and legislative proposals contained herein are the result of this process and are intended to be adopted for the biennial legisla- tive session but subject to review and amendment between the first and second year. Thus, they will provide the League Board of Directors and the staff with a continuing source of guidance when testifying before legislative committees and taking other actions which have legislative or policy implications. Priority designation. The priority designation is Public Health and Safety The priorities are intended to give additional guidance to the League Board and staff in im- plementing the League's legislative program. "A" priority indicates a major issue, one where the League would introduce legislation or would work actively with other groups to seek new laws and regulations. "B" priority indicates items that are important to cities but where the League would probably spend substantially less time unless the legislature or other groups mounted a major effort to which LMC had to respond. While the League might initiate legislation on `B" priority items, these would be relatively non - controversial items, or those where most of the research has already been completed. "C" priority indicates items where the League would respond only when the issue is raised by other groups. commille�s Donna Robbins, Chair, Council Member, Austin John Boyer, Vice - Chair, Council Member, Cloquet Cherie Anderson, Council Member, Buffalo Virginia Burnett, City Councilor, New Ulm Ronald H. Drew, Dir. Public Safety, Faribault Jerry Dulgar, City Manager, Anoka Gil Dullinger, Building Official, Brooklyn Park Chuck Fowler, Council Member, Fairmont v Sally Howard, Alderman, Minneapolis Bill Lavin, City Administrator, Madison Shirlie Lundgren, Council Member, Crystal Robert Middaugh, City Administrator, Elk River Tim Madigan, City Manager, Excelsior Dean O'Borsky, Chief of Police, Hutchinson Ronald Stone, Mayor, Boyd Ralph Sveska, Council Member, Spring Valley Timothy Thompson, Police Chief, St. Bonifacius & M innetrista George Tourville, Council Member, Inver Grove Heights John D. Walker, Mayor, Newport Don Yecke, City Administrator, Kenyon Personnel, Pensions and Labor Relations James Cosgrove, Chair, City Coordinator, S. St. Paul Leslie Turner, Vice - Chair, Council Member, Edina Frank Akers, Chief of Police, Cambridge Gary Bastian, Council Member, Maplewood Frank Boyles, Asst. City Manager, Plymouth .James L. Brimeyer, City Manager, St. Louis Park .Larry Donlin, Mayor, Minnetonka Willard Doty, Council Member, Mounds View Kevin Frazell, Asst. City Manager, Coon Rapids Ray Schoenecker, Council Member, New Prague Joe Heinen, Council Pres., Sauk Centre Bill Joynes, City Manager, White Bear Lake 'George Kehoe, Alderman, City Coun., Owatonna .Jay Kiedrowski, Asst. City Coordinator, Mpls. Sy Knapp, Eng. Public Works Dir., Brooklyn Center Robert Kroh, Asst. City Manager, Robbinsdale Jim Lacina, City Adm., Woodbury Kent Michaelson, Personnel Officer, Bloomington Steven Devich, Personnel Mgr., Richfield Robert Norton, Dir. Gen. Services, Winona Don Ramstad, Council Member, Maple Grove Mark Sather, City Manager, Waseca Bob Schafer, City Manager, Inver Grove Heights Darrell Stacy, City Adm., Austin Peter Stolley, City Adm., Northfield Joyce Twistol, City Clerk, Blaine Rich Voller, City Manager, Granite Falls Government Structure Sue Patton, Chair, Clerk, Sartell Leland (Lee) Swanson, V. Chair, Council Member, Morris Bill Barnhart, Local Liaison, Minneapolis John Christenson, Mayor, Good Thunder Dean Colligan, Council Member, Shakopee C. Wayne Courtney, Mayor, Edina Carol Dyke, Council Member, Worthington Paul Herges, Council Member, St. Cloud Anne M. Huntley, Council Member, Grand Rapids Jane Gordon, Council Member, Minetonka Rock,Lindlan, Mayor, Mound Patricia Lindquist, City Clerk /Adm., Andover Mary Lee Maida, Council Member, Maplewood Mary Mueller, Adm. Assistant, Apple Valley John Murphy, Dir. Adm. Services, Golden Valley Everett Nagelhout, Clerk, Minneota Doris Nivala, Deputy Clerk, Ham Lake vi Karl Nollenberger, Manager, Richfield Harlin O. Owens, Mayor, Worthington Paul Rebrovich, Council Member, Dilworth T. J. Ruhn, Coordinator, Eden Valley Norm Schroeder, Clerk, Staples Richard Setzler, Clerk, Osseo James Shearer, Pres. City Council, Duluth Betty Sindt, Council Member, Lakeville Loren Solberg, Mayor, Bovey Jo -Anne Student, Council Secretary, Columbia Heights Robert Tapley, Mayor, Wadena Revenue Sources Barb Sipson, Chair, Council Member, Moorhead John Anderson, Vice- Chair, City Administrator, Shakopee Goerge Ballenger, Finance Director, Apple Valley Ben Bifoss, City Manager, Montevideo Arline Brown, Council Member, Mankato Yale Corcoran, Mayor, Cook Thomas Cran /Mary Schweiger, Budget Analyst/ Mayor's Office, St. Paul June Demos, Mayor, Roseville John Elam, City Manager, Mound Kelly Ferber, Mayor, Fergus Falls Tim Flaherty, Leg. Liaison, Minneapolis Dale Halos, City Assessor, Crookston Scott Lindquist; Assessor, Duluth Marie Horton /Darrell Johnson, Council Member/ Finance Officer, Winona R.J. Huston, Mayor, St. Cloud Richard Johnson, Dir. Finance /Dep. City Mgr. Blaine Martin Jokinen, City Adm., Cokato James Keinath, City Administrator, Winnebago Duane Knutson, Mayor, Fertile Doug Kruckeberg, Council Member, Blooming Prairie Gloria Lemmerman, City Clerk -Adm., North Branch Robert Lewis, Mayor, Coon Rapids Hugh Miller /Tom Mealey, Council Member/ Clerk - Treasurer, Owatonna Bruce Nawrocki, Mayor, Columbia Heights John Patton, Mayor, Blue Earth David Pokorney, City Adm., Mahtomedi J.E. Quest, Mayor, Excelsior Al Ringsmuth, Mayor, Waite Park Neil Ruddy, City Adm., Redwood Falls Rosemary Thorsen, Mayor, Golden Valley Roy Trullinger, Clerk-Treas., St. James Joyce Wilde, Dir. Adm. Services, Richfield Elizabeth Witt, Council Member, Mendota Heights Land se, Environment, Energy and Transportation Richard Lewis, Chair, Asst. Administrator, Cottage Grove Marie Jensen, Vice - Chair, Council Member, Northfield Maurice Anderson, Dir. Parks & Rec., New Brighton Norman Anderson, Council Member, Maplewood Louis Anthonisen, Alderman, Austin David Bangasser, City Manager, Wayzata Bob Benke, Council Member, New Brighton Mildred Benner, Council Member, Sauk Rapids Gary Berg, City Planner, Brooklyn Park Mike Cronin, Planner, Minneapolis Mike Eastling, City Engineer, Richfield Tom Eidem, Administrator, Monticello Rosemary Given - Amble, Council Member, Bemidji John B. Gretz, Community Dev. Dir., Apple Valley Tom Halloran, Cert, Building Official, Rochester Jan Haugen, Council Member, Shorewood Richard Hoglund, Clerk - Treas., Willmar Leland Knutson, Mayor, Rosemount Dolores Lebens, Council Member, Shakopee Dean Massett, Council Adm., Red Wing John McCabe, Mayor, Cleveland Millie MacLeod, Council Member, Moorhead Marlow V. Priebe, Dir. of Engineering, Hutchington Charlotte, Soderquist, Asst. Zon. & Planning Ham Lake Charles Thomson, Council Member, Excelsior Roy Trullinger, Clerk- Treasurer, St. James Development Strategies Susan Edel, Chair, Council Member, Winona Les Johnson, Vice - Chair, City Manager, Owatonna vii Roberta Anderson, Council Member, Owatonna Merton Auger, Dir. Planning & Dev., Buffalo Jerry Carrier, Grants Administrator, Crookston David Childs, City Manager, St. Anthony Charles Darth, Finance Director, Brooklyn Park Nancy Enright, Council Member, Lakeville Tim Flaherty, Leg. Liaison, Minneapolis John Frohrip, City Manager, Dawson Ralph K. Hester, City Manager, Milaca Thomas E. Huntley, Council Member, Duluth Walter M. Johnson, City Administrator, Luverne Laurence J. Klun, Attorney, Ely Dennis Kraft, Community Dev. Dir., Richfield Edward R. Larson, City Manager, Morris Phil Lynch, Council Member, St. Cloud Jim Miller, City Manager, Minnetonka Henry Pappone, City Council Pres., Virginia Mary Schweiger, Mayor's Office, St. Paul Hank Sinda, City Adm., Savage Ronald D. Stone, Mayor, Boyd Peter Meintsma, Mayor, Crystal. Federal Legislation George Latimer, Chair, Mayor, St. Paul Sue Edel, Vice Chair, Council Member, Winona Meg Bye, Council Member, Duluth James P. Cosgrove, Coordinator, S. St. Paul Mary Detrick, Council Member, Hibbing Donald Fraser, Mayor, Minneapolis Sally Howard, Alderman, Minneapolis Jim Krautkremer, Mayor, Brooklyn Park Pat Hoyt Neils, Council Member, Plymouth Josephine Nunn, Mayor, Champlin Harlin Owens, Mayor, Champlin Sue Patton, Clerk, Sartell Donna Robbins, Council Member, Austin Walter Rockenstein, Alderman, Minneapolis Betty Sindt, Council Member, Farmington PUBLIC HEALTH AND SAFETY PHS -1. Good Samaritan Liability (A). The Good Samaritan Law, a law of interest to municipal employees in the provision of emergency care, has never really served its purpose because, unlike similar laws in other states, it preserved the common law liability of a good samaritan for damages resulting from ordinary negligence in rendering emergency care. The League recom- mends that the law be amended to limit the liability of a person rendering emergency care at the scene of an emergency to liability for willful or wanton misconduct. PHS -2. Fire Personnel Standards.(A) Fire suppression has traditionally been a unique- ly local function in Minnesota. Not only are firefighting problems vastly different from one community to another, but well over ninety percent of Minnesota communities rely primarily on volunteer firefighters for fire suppression. Because local governing bodies are best equipped to determine the nature of local fire risks, the level of local fire prevention efforts and the practical availability of firefighting personnel, and because power to conduct training on a multi - municipal basis, under the joint Powers Act, exists and is being used, the League believes that the following principles should govern any state or federal efforts to improve firefighting capabilities. 1. No governmentally established mandatory or suggested physical, physiological, educational, or compensation standards for retirement . or continued. employment for firefighters should be created except at the level of the entity actually employing firefighting personnel. 2. If any state or federal attempts are made to upgrade the quality, skills and ability of fire- fighting personnel in Minnesota, they should be effectuated by increased financial assistance to provide improved programs, or by direct em- ployment of specialized personnel at the state or federal level with such personnel made available to assist local units of government. PHS -3. Issues in Law Enforcement Personnel (A) 'The uniform state licensing requirement does mandates minimum standards for recruitment, training, and conduct for full -time law enforce- ment personnel. It also provides flexibility by ME permitting employment of a class of police em- ployees, who meet specified requirements which are less than those for full -time officers and by allowing upgrading of part -time police officers to fully licensed status. The law also provides for two elected city officials to represent cities on the POST Board. The following guidelines are re- commended to the legislature in any future con- sideration of this issue. Since cities increasingly employ specialized law enforcement personnel, including part -time officers, reservists and paraprofessionals, they should clearly have the authority to establish their own standards for such personnel who are not authorized to carry firearms except in emergencies. 2. There should be consideration of the financial impact of any state rules and regulations on the cost of law enforcement to cities. Manda- tory citizen complaint processing procedures on police officer conduct and behavior may dictate extra cost to produce manuals and train person- nel in their use, and the state should subsidize any extra costs. 3. Enforcement of standards of conduct ' and performance, and any other disciplinary matters, should not bypass normal city personnel proce- dures. Nor should state objectives be allowed to unnecessarily complicate local personnel prac- tives which have worked well in the past. 4. Special attention should be placed upon law enforcement problems in rural areas and in small cities where conventional approaches may not be practical. The POST Board should continue to provide variances for political subdivisions having particular difficulties in complying with licensing standards to permit phased compliance. 5. The composition of the POST Board should not be altered further so as to dilute city representa- tion on the Board. 6. The opportunity to undertake academic work at post- secondary schools is a valuable pre - service training experience for potential police officers. The League encourages the continued develop- ment of a program of pre - employment training and qualification of peace officer candidates in a variety of locations throughout the state. The existence of a program for law enforcement personnel qualification at post- secondary in- stitutions, however, should not be allowed to foreclose the possibility of recruitment for the position of licensed peace officers from within the ranks of reservists and part -time officers; and qualification on the. basis of a local. training And experience together with a'short and reason- ably available skills training program, as ap- proved by'the POST Board. PHS -4. Adverse Possession (A) The legislature should make it clear that no adverse possession can be had against the state and its political subdivisions. PHS -S. Fire Codes (A) One of the more rapidly evolving legal arenas recently has been the extent to which the public, via state or . local governments, is responsible for the 'safety 'of buildings through inspections and code enforcement. There seems to be general agreement that state government should be, respon- sible for enforcement of the uniform fire code, Which applies to existing buildings, and large facilities which are open to the public, whether they are, located, in cities, counties or townships. The League supports legislation which would clarify the responsibility of the state to inspect such facilities open to the public as schools, hotels, lodginghouses, hospitals, nursing homes, dry cleaners and: motion picture theaters provided that the state is clearly responsible for enforcement and inspection, whether or not it contracts with local ,units of government to perform the actual inspection. The legislature should permit cities to enact the more stringent fire safety code for these facilities provided in the building code as well. as for other buildings, but the enforcement of these more . stringent.. standards should be the com- munity's responsibility. When a city' does not enact more stringent fire safety codes, the state should be responsible for inspection and enforcement of the .fire code, on a case -by -case basis, when requested by any political subdivision (including a school district) or a hospital,, unless the city clearly agrees to accept the responsibility for the enforcement of the fire code by adopting it. It is equally important to focus on preventing emergencies or potential emergency situations through incorporating improved protection fea- tures into new building construction, especially in -2- high - risk . areas or in certain high -risk buildings. Evidence indicates that if certain protective fea- tures were incorporated, the lives and property of occupants would be better protected and loca i public safety.services would be better able to cope with emergencies at the present level of servic , without adding to the general property tax burden. The League reconnmen'ds that the uniform state building code be amended to permit any eit% to enact an optional fire suppression ' system as specified in the code. PHS-6. Updating of Building and Fire Codes (B) In order to have the most recent standards available in Minnesota, the Legislature should require the review and adoption as soon as possible by the appropriate state departments of the periodic revisions to the nationally recognized Uniform Building Code. and Uniform Fire Code. PHS -7. Building and Energy Code (B) A uniform, statewide building and energy code should be adopted by the legislature only if the following optional enforcement methods are included: 1. Local option (city, county, or town) inspection and enforcement, except. that the code should .remain mandatory in the Twin Cities Metro - politan Area. 2. State fee inspectors who may, be, used for inspection in areas outside of communities with local enforcement. 3. All architects and engineers who design any structure must certify that, the structure com- plies with the state building and energy codes. 4. Any city should be allowed to adopt more restrictive building standards than the state building code in order to protect public health and safety. The League recommends that a legislative commission on building and energy standards be established to review the state building and energy codes with the objective of reviewing the rewriting of these standards to assure compliance with federal energy requirements and to remove those parts of the standards not directly related to energy I conservation and the public's health, welfare, and safety. PHS -8. Handicapped Provisions of the State Building Code (B) The enforcement of the handicapped provisions of'the state building code which are mandatory statewide for new .buildings should be as follows: Any new building to which these provisions apply should be designed to conform to these provisions by an architect, engineer, or contractor. If the city, or county if the new building is outside a city, does not have a building official, the architect, engineer or contractor shall also inspect the build- ing to certify to the city, or county if located outside a city, that the new building has been constructed in compliance with these provisions. This certification must be completed before any city or county shall issue a certificate of occupancy for the building or before the inspection process is completed if no certificate of occupancy is, re- quired. Another option would be for the state fire Marshall to enforce these provisions in jurisdictions not having a building official. PHS -9. Youth Service Bureaus (B) A youth service bureau attempts, through counselling, to avert establishment of a pattern of youth lawbreaking. Youth are referred by police, school and court. By utilizing the youth service bureau, a youth and his family are helped to find and correct the cause of a behavior problem. The League recommends that the legislature encourage. local governments to sponsor youth service bureau type activities as a help and buffer to the court system and a preventive for habitual youth offense by providing local 'units the ability to fund these programs through the local property tax levy by use of a special levy. PHS -10. Work Restitution Programs (B) The League urges the various court systems, city officials, and the legislature to encourage and make possible community work restitution pro - grams. This may require making available funding methods through grants and special levies. PHS -11. Emergency. Medical Services (B) 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 and improve the erergency services network, the League suggests the following guide- lines: -3- 1. The .current statutory requirements for am- bulance vehicles, equipment and attendants' training should remain in the statutes as mini- mum requirements. Appropriate amendments, however, should allow quick response vehicles to respond to emergency situations. With increasing interest in paramedic services, the League supports the provision of easily accessible training on a statewide basis at mini- mum cost in order to meet appropriate qualifi- cations. While the League supports the continuing development of a systems approach to emer- gency medical services, we believe that local governments should be closely involved in their planning and implementation. The League recognizes the need for qualified, trained indivi- duals in emergency medical service and in support of this recognized need, recommends that both initial and on -going training be made available through an in- service process which will meet appropriate qualifications. State grants and aids should be available to enable all cities to' have access to adequate emergency Medical service. 4. Alternative transportation strategies, for non - emergency medical transportation which are Jess costly than full ambulance services should be developed. PHS 12. Liquor Issues (B) The League strongly supported • the legislature when it modified liquor laws to make the number of on -sale liquor licenses issued a matter for local determination and eliminated the phase -out requirement when there are municipal on -sale or off -sale liquor operations. The League recom- mends that the legislature build on these initiatives by taking the following actions: 1. Cities should have the same authority to estab- lish fees for off -sale liquor licenses, on -sale wine licenses, bottle club and Sunday liquor, that they now have for on -sale liquor and beer licenses and off -sale beer licenses. 2. The League opposes the establishment of one class of beer in this state because substantial problems will arise in control of the sale of this beverage 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 stores. The League opposes the off -sale of wine in other than liquor stores. 3. The League opposes any, law authorizing the sampling of wine or other spirits on the premises of any off -sale liquor store. PHS -13. Prosecution Costs and Responsibility (B) The League supports legislation adjusting the maximum fine which can be imposed for crimi- nal violations. Those limits should be adjusted for inflation which has occurred since enactment of existing limits or adjusted to some other more appropriate level after careful study. 2. Experience over the past few years has shown that many cities, especially smaller cities, have experienced costs for prosecution and associated activities beyond their ability to support. The League recommends that the law be amended to require that county attorneys prosecute cases involving local or state law where the city council by ordinance has de- signated that the violation of certain ordinances or misdemeanors or gross misdemeanors would be prosecuted by the county attorney. Like- wise, by ordinance the council should be able to designate that certain gross misdemeanors be prosecuted by the city attorney. Fines should be divided, one -third to the jurisdiction of the arresting officer; one -third to the jurisdiction of the prosecuting attorney; and, one -third to the county for use of the court system. PHS -14. Uniform Colors (C) No advantage of nor need for additional state laws which dictate the color or design of uniforms, automobiles, or other equipment used by local police agencies has been demonstrated. These would be inconsistent with local autonomy and home rule and may involve additional costs to local government. Therefore, the League opposes any additional state law as to color of uniforms, police cars, and other non performance related equipment standards. PHS -15. Emergency Telephone System (C) The 1977 Legislature mandated a 911 emer- gency telephone system for the state, with com- pliance deadlines of 1982 for the Twin Cities metropolitan area and 1986 for the rest of the 4- state. Under the financial plan enacted in. 1978, only the annual recurring costs of local equipment and personnel would be paid by cities and other local jurisdictions. Since the legislature has man- dated this program, the League believes it should finance all costs through state revenues. If suf- ficient federal funds are not available at any time in the future to finance capital equipment in- stallation at public safety answering points, the state should fund these costs. The legislature should re- examine the costs of financing this system and continue its financial commitment. The telephone companies should be required to charge only their actual costs concerning operating this system. In the event that the legislature does not fully fund all costs of the program, the local annual recurring costs should be a special levy, outside the levy limits. PHS -16. Beer Keg Registration (C) The state should require the registration of all beer kegs by the person purchasing the keg with the liquor store. PERSONNEL, PENSIONS AND LABOR RELATIONS PPLR -1. Minnesota Public Employee Labor Relations Act (A) 1. Picket Lines. No city employee should be permitted to refuse to cross the picket lines of other city employees. 2. Disciplinary Action. Employees presently have a variety of grievance procedures available to them, including civil service systems, veterans preference. Employees covered by a PELRA Agreement should be able to specify which procedure should be used by them or specify a different procedure in the agreement, thus precluding an employee from invoking two procedures for grievance. 3. Impasse Resolution. The statutory mediation period should run from the first mediation session. 4. Supervisors and Confidential Employees with, Public Collective Bargaining. Supervisors of public employees should have their management role acknowledged and have their status limited to meet and confer. In no event should supervisory or confidential employees be represented by an employee organization which represents the employees they supervise. The term "supervisory" should be as presently defined under PELRA for non - essential employee supervisors. The definition of supervisory employees should not be further limited. To do so would essentially provide that in all but city manager cities, no employees could be considered to be supervisory employees for pur- poses of the Public Employment Labor Relations Act. 5. Right to Strike. The existing classification of essential employees should be eliminated and all employees organized under PELRA given the right to strike. Within the limited right to strike, the public employer would have the option of either requesting arbitration within a specific time or allowing employees to legally strike. 6. Arbitration. Issue by issue final .best offer interest arbitration should be the method. for resolving all disputes which go to interest arbitra- tion. PPLR -2. Day. Labor Restrictions (A) Any requirement that cities must solicit sealed bids for improvement projects now done by city employees will seriously affect the ability of cities to perform these projects in a cost effective manner for their taxpayers. Due to good administration, cities have limited the size of their public works staff to.a number of persons which is balanced to handle the year -round Work load in an efficient and cost effective way. Cities' public works organizations have evolved, over a period of time, into multi - disciplined crews performing many different services. During summer months a given crew may be responsible for street patching, seal coating, street sweeping, painting traffic stripes, installing traffic signs, numerous park maintenance functions, and many other projects. During winter months that same crew will be responsible for snowplowing, sanding aid salting, tree trimming, sign repairs and replace - ment among numerous other jobs. Street depart- ment crews are used to assist utility department crews and visa - versa. With a permanent, well- managed staff it is easier to tailor the service levels to the communi- ty's needs and to assure responsiveness to citizen's requests for service than it would be on a contract basis. Also, a permanent city staff is much more likely to provide a consistent level of service than a series of contractors will provide. Consistency in -5- the level of service is a very important factor in providing routine municipal services. Because cities are able to offer year -round employment, the hourly wage rates paid are substantially lower than those paid by contractors. Contractors always have the ability tc, bid on other projects. City crews don't have this advan- tage. If city crews, operating on a year -round basis, can now perform 9 out of 10 services more economically, but are required to place the 10th service under contract, that might well result in unbalancing the work load so that the city crews can no longer do the first 9 services as efficiently as before. Consequently, the total costs of all 10 services would be higher. During times of a slow economy, contractors will be interested in providing service with a small profit margin so they can keep their crews and equipment busy. Some may even bid below cost in order to cover some of their on -going overhead costs. The opposite, of course, may occur during periods of rapid economic growth. Contractors may no longer be interested in taking on contracts that require major capital investment unless they can see long -term payoffs. Unfortunately, in the meantime, the city may have been forced under the proposed requirement to solicit bids, to dis- band its crews. There are areas within the State where it would not be possible to get truly competitive bids for many of the municipal services. The cost of preparing specifications for bids on these types of improvement projects would certainly reduce any potential cost savings by using private enterprise in smaller projects which are normally done without detailed engineering planning. Thus, while cities should be encouraged to contract for the doing of improvements with the private sector, further restrictions on the use of day labor by cities for the doing of public improvements should not be enacted. PPLR -3. Workers' Compensation (A) Statutory Requirements for workers' com- pensation coverage by city licensees. 1. Since many businesses operate without licenses . from cities and since cities vary as to the types of businesses required to obtain city licenses, any attempt to assure provision of workers' compensa- tion coverage through the local licensing process could only partially reach problem ` businesses. Moreover, enforcement at the local level is onerous and may be expensive and cannot provide an effective, efficient, or convenient means of assuring workers of the protections of workers' compensa- tion'. The law which mandates that cities withhold business licenses, except -where proper workers'. compensation coverage is provided, should be repealed. It is also impractical to mandate city supervision of workers' compensation coverage for every city supplier, since many small purchases may be involved. Therefore, contracts for pur- chases of supplies should also be excluded by amendment. 2. Existing workers' compensation statutes create a presumption that heart and lung ailments of police and fire personnel arise from employment. Improved equipment and methods of fire fighting and law' enforcement and increased statistical data as to personal risk factors affirm that presumption no longer reflects reality or serves a public purpose. Thus, the presumption should be eliminated. PPLR -4. PERA Benefits, Financing and Administration (A) The adoption in 1973 of the "high five year" benefit formula for PERA has provided very adequate pension benefits for career municipal employees.. There are a number of related policy issues, however, which have not been dealt with in the law. Therefore, the League strongly urges the legislature to adopt the following policies in the form of amendments to the PERA law: 1. Any increases in PERA.. benefits should be granted only to the. extent that proposed contribu- tions and current reserves are sufficient to fully fund the increases in the opinion of one or more recognized pension 'actuaries who are independent of the PERA Organization. Any increases in PERA general fund benefits enacted subsequent to 1973; including any resulting deficits, should be financed by matching contributions, shared equally by employees and public employers, over a period not to exceed 30 years. Any increases in benefits under the PERA Police and Fire Fund, including any resulting deficits, should be financed 50 percent by employers and 50 percent by em- ployees, over the same amortization period. Any benefit increase or contribution reductions per- mitted by excess reserves or excessive current contributions or combinations of the two should be of such amounts as to benefit the employer and employee equally as a percentage of overall em- ployee salary. M 2. Since the equal, matching employee and em- ployer contributions to the Coordinated Plan within PERA are sufficient to finance the present benefits and liquidate the existing deficit in less than 30 years. The employer's additional con= tributions should be abolished. All of the em- ployer's additional contributions should be specifi- cally and exclusively earmarked for the reduction of the actuarial deficit in the PERA Basic Plan and not for benefit improvement. 3. If any increase in..benefits is enacted for PERA retirees, the resulting cost should not be paid from the PERA Fund, but rather should be financed by a direct appropriation from the State General Fund. 4. The actuarial assumptions concerning the rate of investment earnings and of salary increases should be a conservative reflection of actual experience. The present assumptions concerning the rate of investment earnings and salary increases are outdated. We urge the legislature to examine these assumptions and to determine a means of more accurately reflecting the actual experience during recent years. . 5. The League 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 state -wide pension funds. The League supports state funding of fund deficits from general funds or amortization of the deficits by crediting a reasonable portion of excess earnings over statutory assumptions to retire deficits and payment of the remainder of excess earnings to retirees as a cost of living adjustment without establishment of any guaranteed adjust- ment. In the event the legislature determines that some mechanism other than the Post Retirement Investment Fund is more appropriate for providing retiree ' inflation protection, or that the Post Retirement Investment Fund should provide a guaranteed inflation adjustment,.the League urges that: (1) no increases be made during the first three years after retirement or until the Consumer Price Index increases at least ten percent; (b) a Specific limit be placed on the increase granted in any one year; and (c) the cost of such increases, including any resulting deficits, be financed from the state general fund. 6. Since integration of pension fund administration mechanisms may lead to combining the funds, the League opposes any move to combine administra- tion of the three state -wide pension programs. 7. The League supports in concept a change in the means of providing pensions for new Minnesota public employees from the present defined benefit type' plans to a single defined contribution plan. However, the League will oppose any such legisla- tion which does not contain both: a clear commitment by the state to fund any deficit created in presently existing defined benefit plans resulting from the termination of the entry of new members.; and a municipal contribution rate that is as low or lower than employer contribution rates to existing plans. 8. The PERA police and fire fund is now essential- ly fully funded.. Furthermore, the employer (taxpayers) through payment of more than 50 percent of contributions to this fund is creating a surplus not needed for pension purposes. There- fore, the legislature should amend the present provision on disbursement of the two percent tax on automobile casualty insurance to allow expen- ditures by the recipient political subdivision of any excess over the employer's share, of police retire- ment costs for any police department purpose instead of requiring payment to the PERA Police and Fire Fund. When the PERA Police and Fire Fund achieves full funding, employers' and em- ployees' contributions should be reduced to an amount sufficient to pay normal costs on an equal share basis. PPLR -5. Relief Association Member Lobbying (A) Recent legislation grants local relief associations unlimited powers to send police and fire officers who are members of local relief associations, to lobby and otherwise represent the interest of the Association at city expense and at times deter- mined by the association. These powers interfere with traditional functions of governing bodies and department heads and managers to schedule duty, determine manning levels, and set budgets. The League supports legislation which would permit relief association paid lobbying to one regularly assigned member to be released for the purpose of lobbying. The lobbying costs would be financed entirely from the general fund of each association. PPLR -6. Formal Civil Service Systems (A) Constraints imposed by the police and fire civil service laws tend to hinder the effectiveness of personnel management and limit home rule 7- charter options in cities with civil service com- missions. Experience indicates that the .present methods of modifying these systems have not proved workable. The League supports enactment of an optional comprehensive municipal civil service act -for both home rule charter and statutory cities, other than cities of the first class, that provides for either a personnel board or an advisory and appeals commission. If a city already has a personnel board, this board would continue until superseded by an advisory and appeals commission, rule of the council, or terminated by majority vote of the electorate. The council would be able to exclude individuals, class position, or entire departments from the civil service classification. Adoption of the service would be by enacting ordinance, subject to amendment by majority vote of the council. The League recommends that the authority to grade and classify positions or keep personnel records be removed from the authority of the civil service board of commission; that appointment or promotion in the classified service be by a fair, impartial process designed to test qualifications and fitness for duties of a position; that dismissal or suspension be for, just cause and be subject to appropriate due process considerations. When a city enters into an agreement under the public employment labor relations act with' a group of employees, the civil service law should no longer apply to the employees covered by the agreement. PPLR -7. Government Training Service Funding (B) The Government Training Service (GTS) has been invaluable in maximizing training opportuni- ties while minimizing training costs for local government officials and staff over the past six 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 its state financial support for GTS. PPLR -8. State Board of Investment Performance (B) In order to test the concept of the advantage of smaller funds and to give an additional yardstick of the investment performance of the State Board of Investment, an increasing portion of the present and future SBI revenues should be placed with outside investment management firms. Such outside investments should not be limited to specialized portfolios. such as real estate, but should permit a: full range of investment by each fund manager, to permit a valid comparison of investment. performance. PPLR 79. Unemployment Compensation (B) In 1976, unemployment compensation laws were substantially improved by the elimination of eligibility for those individuals who voluntarily quit or are dismissed, for cause.. However, requalk fication is provided once the claimant has earned four times the weekly benefit for which he would otherwise be ' eligible. This requalification is too low and should be substantially. increased. In addition, the League believes that individuals who .knowingly accept temporary employment of specific. limited durations not exceeding one year and whose employment is thus ended, should be deemed to have voluntarily ended their employ - ment' and thus should be disqualified for certain benefits. The employers involved should not be . saddled. with unemployment compensation costs for individuals who accept and .perhaps even plan for the termination.of such employment. The League recommends that the law be appropriately .amended. Also, students; temporarily employed as interns, should not be eligible for unemployment compensation. Finally, the statutes should be amended to relieve part -time employers who continue employment of an . individual from any responsibility to contribute to unemployment compensation due to termination from other .employment. PPLR =10. Veterans Preference (B) An 1975, the legislature adopted a uniform veterans' preference law for state and local govern- ment which modified preference in employment and promotion; in 1977, the legislature terminated veterans' preference for persons who enter military service after 1976. The League supports these modifications and believes that these provisions should not be amended further. Veterans should continue to be protected against unjust dismissals, but when a veteran's employment is terminated, and he or she does not request a hearing within ten days or when an impartial hearing body determines that.the dismissal was for just cause, the law should l�:i not require that the veteran receive compensation for any period when services were not actually performed. Further, the law should make it clear that the petition procedure is an alternative to local administrative hearings. PPLR -11. Volunteer Firefighters Double Dipping (B) Firefighters who serve in a supervisory fire- fighter position and receive a salary in excess of $20,000 per year for which they are expected to respond beyond normal duty shifts are not volun- teers. Neither are full time firefighters who on off -duty emergency fire calls for the same em- ployer receive time and one -half their. regular wages and coverage in the PFRA Police and Fire Fund for such emergency calls. Such non- volun- teer firefighters who have a pension provided in the PERA police and fire fund should not also be eligible for participation in local volunteer relief associations. Such non - volunteers who have no pension vested in, but are currently members of a local volunteer fire relief association should be entitled to a proportionate distribution of local relief associa- tion assets to permit a role over into an indepen- dent retirement account. PPLR -12. Disability Retirement (B) , Rising costs of disability retirements pose a threat to the financial soundness of most Minne- sota public pension plans. The following changes are needed to minimize the financial impact of legitimate disabilities. Furthermore, abuses of disability retirement provisions in public pension plans have in the past caused serious waste of human resources and of scarce public funds. In view of the current laws forbidding discrimination against handicapped persons who are not disabled from gainful employment, the League recom- mends: 1. Public retirement finds should not be charged the costs resulting from disabling conditions that a pre - employment history or physical demonstrates existed on or prior to the date of public employ- ment. 2. Needs to balance employment roles for minori- ties and women in unfilled positions should not override programs to transfer present employees from jobs and departments for which they are presently disabled to jobs and departments for which they still qualify. 3. Statutes governing local public safety pension plans should be amended to provide to the cities with such plans, a substantial voice on the govern- ing board of the plans. Further, a uniform statu- tory procedure and method of determining percen- tages of disability should be established to deter- mine the percentage of presently provided disa- bility payments which should be provided to local public safety fund members with physical or mental conditions which permanently disquality them from public safety employment but which does not disable them froin all other gainful employment. 4. Public pension plans in which city employees participate should be required to use a uniform definition of disability which limits full or 100% retirement to those whose medical conditions disable them from engaging in any substantial gainful activity over a substantial period. Un- reasonable :,ervice limits tests should not be im- posed and no employee should be required to have more than five years of service under the applicable plan in order to qualify for disability retirement. Workers' compensation entitlements should be deducted from any disability pensions. Disability benefits from all sources other than privately financed disability insurance, as well as a portion of employment earnings, should be an off -set against city disability pension payments to the extent that these combined payments approach after -tax salary for the former position. PPLR -13. Employee Bonuses (C) .To promote productivity and to obviate legal questions about award dinners and other recogni- tion activities, the statutes should . specifically authorize cities to pay employee bonuses or awards of up to $500 per employee in any year. PPLR -14. Volunteer Ambulance Retirement Systems (C) Proposals to integrate ambulance and rescue volunteers not part of local volunteer fire depart- ments into the program for retirement for volun- teer firefighters have met rejection from organiza- tions of volunteer firefighters. Creation of another system of local relief is not in the best interest of the: state, its political subdivisions, or its taxpayers, especially in view of recent federal tax legislation which now, provides an efficient, simple and inexpensive, means of providing retirement benefits to ambulance and other volunteers. Therefore, the League opposes any legislation authorizing creation of volunteer ambulance relief associations. x'21 PPLR -15. State Taxation of PERA Contributions (C) For several years, litigation has been pending in federal courts to consider whether employee contributions to PERA and similar public pension systems should be subject to federal income tax contribution during the year in which they are contributed to the system, as opposed to the year in which the employee actually receives the bene- fit. To our knowledge, no similar litigation is pending regarding the applicability of the state income tax. It may be argued that the individual employee does not have the use of the contributions which he makes to PERA in the year in which they are contributed and therefore, the contributions should not be subject to either state or federal income taxation, but should be excluded from the employee's gross income. Rather, it may be argued that the contributions should not be taxed until the benefits are actually received. This position would be consistent with the way in which the municipal contributions to the employees' pen- sions are taxed. Therefore, the League recommends that the PERA and state income tax laws be amended as follows: Employee deductions to PERA and similar employee pension systems should be deducted from the employee's gross income and other deferred compensation plans presently permitted by law and not subjected to state income taxation during the.year contributed to PERA. PPLR -16. ' Temporary Military Service (C) When an employee is temporarily absent because of short -term military service, the'League proposes that the public employer pay only the difference, when the military pay is less than public pay. Furthermore, pension and other rights should be protected. This pay differential shall apply for a period of fifteen calendar days. When an employee is ordered to report for duty for a period longer than 15 calendar days per year, no additional seniority status, efficiency rating, vacation, sick leave or other benefits shall accrue during the period of active duty. Unless there exists at the time of an order to report for duty, a war or declared emergency, the employee shall not be entitled to a leave of absence without pay and the employee's public employment shall be con- sidered terminated. GOVERNMENT STRUCTURE .GS -1. Mandates (A) 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. ..Special bills to address this problem on an ad hoc basis will not provide a permanent or state- wide solution to 'these problems. The League therefore supports legislation that would require the state to adopt a policy of "deliberate restraint" on its mandated programs, including a mandatory fiscal note identifying local government costs on any new mandated programs when they are intro- duced in the Legislature and a statement of com- pelling state -wide interest to accompany all state mandates. Also, the legislature should repeal obsolete, unnecessary, and unduly restrictive mandatory laws and rules. GS -2. Open Meetings (A) City officials strongly support the basic premise of the open meeting law - to assure the public's 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 legislation should make it more specific or should amend the law in the public interest. First the law should specifically state that it applies only to meetings where a quorum of the body as its established committees is present, clarifying the present . restrictive interpretation. The League also believes that there. are certain specific instances where the public interest would be better served by permitting a local governing body to meet in executive,or closed session. These instances include certain discussion relating to employees, and discussions regarding the purchase of land fora public purpose, and discussions of information protected under the Data Practices Act. GS -3. Uniform Information Practices (A) Under existing state law, it is necessary that the legislature continue to classify that city data, the release of which would adversely affect the public interest, the health,.. welfare, or reputation of the data subject, or which would render un- workable a program authorized by law. As an alternative to this very specific method of classify- ing individual elements of data, the League recom- mends that the legislature adopt the approach taken by the Uniform Practices Act, as developed by the National Conference of Commissioners on Uniform State Laws, and as modified to meet the needs of cities in Minnesota. This approach will result in less administrative burden on cities than the existing law as well as provide more flexibility in the release of information. GS -4. Personal Bonds (A) Existing law specifically . authorizes charter cities to use a blanket bond to cover any employee or officer who is required to be bonded. Since there seems to be no obvious reason for treating statutory and charter cities differently in this respect, the League recommends that the statutory city code be amended to clarify that statutory cities as well as charter cities may use a blanket bond to cover any officers or employees who are required to be bonded. GS -5. Adjusting Dollar Limits (A) Inflation has had an effect upon cities beyond a mere exertion of upward thrust on budgets and expenditures. The legislature has quite consistent- ly included within authorizing and enabling legisla- tion, limitations expressed in dollars. These dollar limitations become progressively more constricting with advancing inflation. Therefore, the League recommends that certain of the more important and often used authorizing statutes containing dollar limitations be modified by application of a constant dollar index figure calculated from the year of enactment, to the limitation set out in the act. The modification should be made so that when statutes relating to other statutes are modi- fied, the dollar limitations are adjusted in a uni- form manner. GS-6. State Licensing of Contractors (B) Many cities now license those contractors who do business within their communities. This pro- tects those citizens who use their services because if there are complaints, they may be directed to a local license bureau rather than to some state agency. If a state system for licensing contractors is established, this would eliminate any. local control ' over contractors and may reduce the number of small contractors who operate in only a few communities. State -wide, uniform wages for -10- employees may also be imposed if a state licensing system is established. If cities are required to enforce state licensing requirements, costs and liability may be created over which the city has little control. For these reasons, the League opposes any system of state licensing of contractors. GS =7. Tort Liability (B) The Municipal Tort Liability Act was enacted to protect the public treasury while giving the citizen relief from the arbitrary, confusing, and adminis- tratively expensive prior doctrine - of sovereign immunity with its inconsistent and irrational distinctions between governmental and proprietary activities. The Act has served that purpose will in the past. However, increasingly, the courts forget or ignore the positive benefits secured to citizens damaged by public servants as a result of enact- ment of the comprehensive Act which includes some limitations on liability and some qualifica- tions of normal tort claims procedure. . Recent court decisions increasingly eroded the concept of a special act qualifying the tort liability of local government. However, the special vulner- ability of far -flung government operations to debilitating tort suits continues to require exist- ence of a tort claims act applicable to local govern- ments or local governments and the state. The League recommends that the Municipal Tort Liability Act be continued and that in the event that the legislature determines to make further changes in the existing law, those changes should only. be in the direction of making the local government tort liability statute more similar to thestate governmental tort liability law. GS -8. Cable Television (B) Many Minnesota cities receive cable TV service, and under present state and federal law cities are responsible for setting rates, establishing a fran- chise and imposing franchise fees. The League believes this law has allowed local communities to provide input into an important community service and. that it should not be modified to diminish local control. GS -9. State Audits and City Financial Reporting Requirements (B) There is a need to make sure that all annual -11 - city financial reports are complete, understandable, and meet the state auditor's requirements. Under the existing law the financial reports of cities over 2500 must meet strict standards, incorporate generally accepted accounting procedures and be audited annually. The financial reports of cities under 2500 now meet more flexible state auditor's . standards but need not be audited except under circumstances' provided in state law. Because Minnesota has one of the most modern and riger- ous systems of oversight of municipal finances, the existing powers of the state auditor are adequate to maintain the high degree of efficiency, propriety, performance and accountability presently required of cities. It is not necessary to give any new powers concerning the auditing and financial reports of cities to the state auditor; however, the legislature may wish to clarify these powers as they relate to cities and other units of local government. The League would endorse only the following clarifications of the power of the state auditor at this time, however its Board of Directors. may make recommendations on other issues as` they arise. 1. The state auditor should not be given the power, to audit each of the over four thousand units of local government at least once every four years. However, the auditor should continue to exercise the already existing power to audit a city upon receipt of a petition. The auditor's authority to require the resubmission -of a financial report when' his financial reporting standards are not met, should be clarified if necessary. 2. The present requirement of an audit of all cities with a population over 2500 should not be applied to smaller cities, . Likewise, the State Auditor should not be-given the authority to require cities under 2500. to follow more rigerous accounting requirements than presently exist. 3. Review of a portion of the financial reports submitted by cities should be done annually by members of the accounting profession who volunteer their time for this peer review. The State Auditor's staff should not be enlarged to perform this function unless a peer review system is tried first and found to be unsuccess- fu 1. 4. The State Auditor has the power to establish uniform standards for the selection by cities of audit organizations and these standards should be developed, along with a uniform city contract for city audits. A completed contract could be required before an annual audited financial report could be accepted. 5. Any new state auditor's standards for financial reporting and auditing should not include standards for financial management. Instead, the State Auditor and the Government Training Service should develop a series of financial management training sessions for cities of all sizes. GS -10. Publication of Small Cities' Financial Statements (B) Large cities are permitted to publish summaries of their annual financial reports. Small cities, under 2500 population, should also be permitted to do this. GS -11. Uniform Local Government Election Day (B) Minnesota has encouraged decision - making at the local level of government by providing flexi- bility in approaches to the diverse needs of cities. Under the Constitution, any city may adopt a home rule charter which, except for matters of overriding state interest, removes that city from legislative control. The statutory city code pro- vides optional forms of government for all other cities to take into account individual differences. The dates of city elections are set at any time by a home rule charge city or in November in odd or even years for statutory cities. The League strong- ly believes that decisions affecting only local units of government should be made at the local level unless an overriding state interest can be demon- strated. For this reason, the League remains opposed in principle to any uniform local govern- ment election day that precludes the present options. If the legislature determines that a uniform local government election day is justifiable, the following features should be considered. 1. Home rule charter cities should retain the option of setting their own election date. 2. A municipal primary election should be optional as it is presently. 3. All direct costs of state - mandated changes and -12- additions to present city election duties should be paid by the state. GS -12. Election Day Registration (B) The principal purpose of the Minnesota system of election day registration is to improve and increase eligible voter access to voting. Unfor- tunately, the system has become more unworkable especially in the larger and faster growing cities, where individuals are not using the nre- election day registration and where there are a growing number of multiple registrations adding to the costs of elections and to the frustrations of the voters. For these reasons, the League encourages registra- tion to take place before election day. The follow- ing steps, however, would improve the current system. 1. Election day registration and voting should be permitted, but not mandated, to take place in adjacent rooms. 2. Certain penalties for election day infractions are so severe that they constitute a barrier to effective enforcement of the law. The League recommends that the laws be reviewed and modified where necessary so that the laws can be effectively enforced. 3. State law should be uniformly enforced through- out the state. 4. Any future state - mandated election or registra- tion programs should be accompanied by sufficient state funds to pay local costs on a continuing basis. 5. A person other than an election official vouch- ing for others should be limited to five other persons other than immediate family. 6. A person's month, day, and year of birth should be required on a registration card to assist in the identification process, especially with the advent of electronic voter registration systems. 7. The Secretary of State should be encouraged to promote pre - election day registration through the media and all other available means. GS -13. Campaign Financing and Disclosure (B) Campaigns and elections to local office are the most important single contact between voters and representative local government. On the whole, the general public has more confidence in the election process at the city level because the candidates are usually well known (especially in smaller cities) and campaign activities are more visible than at other levels of government. More- over, city candidates running for offices which are, for the most part, low paid, part -time, and non- partisan, are generally motivated by a sense of civic responsibility. The League perceives no need for new laws in the area of local campaigns, although it could support legislation , which would simplify the election process or would encourage rather than discourage qualified candidates for local office. The League supports the following: 1. Extending income tax credits for contributions to city election campaigns; 2. Giving cities over 20,000 the authority to enact campaign disclosure ordinances for organi- zations and individuals. Requiring reports in cities over 20,000 of each contribution as required in state statutes in other election contests. 3. Eliminating any distinction between types of campaign committees in cities over 20,000. The League opposes the following: 1. A state - mandated requirement of candidates for city office to file statements of economic interest because it is most likely to discourage many qualified candidates from seeking or continuing in office. 2. Campaign contribution limits or reporting requirements in cities with less than 20,000 population. These are made unnecessary be- cause of conflict of interest rules governing the actions of elected officials in all cities. GS -14. Validating Absentee Ballots (B) Current law requires at least two election judges to initial each absentee ballot before it is deposited in the ballot box. In the interest of speeding up the counting on election day, while still providing that only valid absentee ballots are cast, the League supports having the county auditor or municipal clerk affix the official seal to ballots at the time of their delivery to the voters. -13- GS -15. Voting Equipment (C) The League supports present law which allows a city the option of selecting which state - approved equipment it determines will best suit its needs, based on local factors, and opposes any state - mandated system of voting equipment. - The League also supports amending state law to allow use of punched cards for absentee ballots. GS -16. Precinct Boundary Changes (C) Experience with the need for reapportioning city wards and county commissioner districts after the 1980 census has shown that there are some barriers in the present law to achieving a desirable coordinated result. The problem arises because: 1. Current law requires counties to redistrict the, commissioner districts within 180 days after receiving final census figures from the Secretary of State. 2. Cities, with some exceptions, are not permitted by law to change precinct boundaries during a five -year period ending January 1, in a year endingin two. 3. In redistricting, counties must follow city ward and precinct lines, but these are the old boundaries which, in many cases, will need to be changed before the 1992 elections. -On the basis of these factors, the League re- commends that the law relating to county re- districting be changed to require reapportionment within 60 days of the completion of legislative redistricting and 120 days before the September state primary election date, in even - numbered years. GS -17. Collateral for Depositories (C) Depositories now are required to collateralize the deposits of local government in the amount of 110 %. Local depositories now "serve as a valuable market for bond issues of local school districts, counties, and cities. If the amount of collateral required is reduced, this market will also be re- duced, making it more difficult to sell municipal bonds. Also, if the collateral is purchased by a state agency on behalf of all depositories, the existing cooperative arrangement between local depositories and local governments. will be de- stroyed and local governments may deposit their funds in larger depositories located outside of the community. Therefore, the League recommends that the legislature keeps the collateral require- ments for depositories at their present levels and .opposes any reduction, 'and also opposes the purchase of collateral by any agency other than a depository. GS48. Purchasing and ,Contracting Issues (C) 1. The._ League does not believe that an extensive and comprehensive revision of the laws regulat- ing cities' .purchasing and contracting, such as would result from adoption.of the American Bar Association's Model Procurement Code, is needed at this time. Amendments to existing law should be made only to address specific, demonstrated problems with the bidding and purchasing process. Any amendments should recognize the differences which exist among Jurisdictions of different types and sizes, and should avoid requiring unnecessarily complex procedures for purchasing and contracting. 2. Some cities have found it difficult or impossible to, get bids for materials which, are in short =supply, notably fuels. Since this problem is likely to worsen in the future, a mechanism should be created for making these purchases when competitive bidding has failed. 3. Problems arise .in attempting to purchase certain .types of items through competitive bidding. Two examples are 1) "high'technology" items such . as electronic data processing equipment, where it is difficult or impossible to draw precise specifications which allow true competition; and 2) employee health insurance, where it is im- possible to precisely compare the respective cost of insured and self- insured plans. A more flexible "competitive proposal" mechanism should be strictly limited as to the types of purchases to which' it would apply, and should preserve the elements of open, impartial com- petition which is the intent of competitive bidding. 4. The requirement of accepting the .lowest res- ponsible bid should be modified to permit acceptance of either of the two lowest res- ponsible bids or of any bid within 5% of the lowest responsible bid over $100,000 and 10% of the lowest responsible bid under $100,0.00; provided that if a government body accepts other than the lowest responsible bid, it shall state its reasons for doing so. Acceptable -14- reasons include choosing a local contractor over an out -of- the -area contractor and dif- ferences in the bid due to -the imposition on local contractors of local sales taxes or fees. 5: The purchasing authority of city managers in Plan B cities should be increased from $1,000 to correspond to the figures in the Uniform Municipal Purchasing Act. G5 -19. Home Rule (C) Minnesota's constitutional home rule .policy, . while permitting home rule charter in some cir- cumstances to depart from the provisions of statutes that would otherwise be applicable, has made charters subject to the provisions of state laws when they express a policy intended to override , local charters. In implementing that policy, the legislature has often by a general law authorized one or more classes of home rule charter cities to meet new problems for which existing charters listing city power in specific detail provided inadequate authority. . It has also, by general law and increasingly by special law, re- moved charter restrictions or imposed restrictions where the local charter had none. Following the adoption of the 1958 local government amend- ment to the Minnesota Constitution, the legislature. has, on League recommendation, made it easier for. cities to adopt and amend charters and thus better . able to meet local legislative needs at home. In an effort to provide for more consistent policy on the relationship between state law and local charters, the League recommends to its own member cities as well as the legislature the follow- ing guidelines on meeting legislative needs of home rule charter cities: 1. Every general law applying to - cities should state specifically whether or not it applies to home rule as well as to statutory cities. 2. When a uniform state policy is not required, a law applying to home rule charter cities, whether applicable with or without local action, should authorize an affected city to supersede the law or any provision in it by charter.action on the same subject. GS -20. Improved City Code (C) Municipal laws have been enacted in a piece- meal fashion over the years, often to meet. a special need to a particular class of cities with little regard to the desirability of applying the law to other cities or meeting broader needs as well. As a result of this gradual accretion of miscellaneous statutes, the enactment of a city code and the repeal of many obsolete laws pro- vided a more rational and uniform set of laws-for Minnesota cities. To continue this ongoing project of developing a more rational statutory code for cities and to provide more uniform statutory patterns for related municipal laws, the League staff, in co- operation with the legislative research agencies and other interested groups, will prepare legislation revising and making into a consistent whole with as broad applicability as possible and without con- troversial changes, the various statutes relating to certain subject areas most in need of such revision, including the laws on city depositories, city sup- port for music and bands, municipal advertising expenditures, local boards of health, and use of liquor store funds and municipal utility establish- ment and operations. When any revisions have been approved by the League Board of Directors, they become part of the League legislative pro- gram. A study of existing laws indicates that almost without exception laws confined to cities of the second, third, or fourth class might more ap- propriately have been broadened when adopted so as to apply to all three classes. The League, therefore, recommends to the legislature that the practice of confining legislation to any such class be. discontinued and that, except where very special circumstances require use of some more limiting criterion, future laws intended for cities other than first class cities be drawn to apply to all such cities. REVENUE SOURCES RS -1. Levy Limits (A) FIRST PRIORITY 8% Levy Limit Law Should be Repealed Four actions of the 1981 legislature com- pounded the problems caused for cities by levy limits. The specific actions which took effect in 1982 are: 1) expanding the law to apply to all cities in the state; 2) altering the base to which the 8% annual allowable increase applies; 3) eliminat- ing or restricting some previously allowed special levies; and 4) prohibiting cities from exercising the option of increasing their levies to compensate for cuts in state aid payments. These changes have added unnecessary complications to city budgeting processes and have caused serious budget problems in many cities. Furthermore, the levy limit law ultimately works against the interests of local. taxpayers because it creates an incentive for cities to levy the maximum allowed and to use as many special levies as possible. For example, the arbitrary decision in 1981 to create a new levy limit base effectively penalized those cities that were success- ful in holding down their property tax levies in 1981. Because of several similar instances in the recent past it has become clear to local officials that cities which choose to levy less than the maximum allowed in a given year risk being later tied to unrealistic or artificial new limits for future budget years. The League of Minnesota Cities has consistently opposed levy limit laws because they apply uni- form state -wide restrictions to cities and are too inflexible. Given a high rate of inflation, un- certainties in state and federal financial aids and the diverse problems and circumstances faced by cities throughout the state, uniform limits are impractical. Such laws are inconsistent with principles of local self - government and account- ability. The current 8% levy limit law does not recognize changing local conditions with respect to expenditure needs or revenue sources. . For example, no allowance is made for cutbacks in payments such as local government aid, homestead credit reimbursements or federal revenue sharing. The League remains strongly opposed in principle to levy limits and recommends that the Minnesota Legislature repeal the 8% levy limit law. SECOND PRIORITY - ALTERNATIVE TO REPEAL OF LEVY LIMIT LAW - MODIFY CURRENT LAW Realistic Levy Base Under the current law the allowable 8% levy increase is applied only to the actual general levy of the preceding year. Before 1981, the percentage increase applied to a broader base including,the general levy plus the local government aid payment for the previous year. In this way the Levy limit system recognized the state -local partnership. If aid payments increased, the allowable general levy decreased accordingly. If aid payments decreased, the city had the option of filling the gap with -15- local property tax dollars. In addition, the pre - 1981 law allowed the base to grow even if the maximum levy was not made. The current law creates an incentive to levy the maximum amount each year whether it is needed or not. Various state payments to cities, including local government aid. and other programs, have been decreasing. Federal revenue sharing funds have not been increased since 1976, and many cities' individual shares have decreased. Revenues from fees and service have in many cases been maximized. Revenues from other sources such as municipal liquor stores often have not been keep- ing pace with revenue needs. For most cities an allowable increase of 8% of the previous year's general levy will not begin to make up for the lack of growth in non- property tax revenues. This is especially true.in cities that have traditionally not relied . on property tax revenues to. a great ;extent. In these cities, the general levy base is likely to be disproportionately small. . Therefore the League of Minnesota Cities urges the Legislature to 1) create a new levy base for each city which uses the 1981 levy limit base,-as it would have been under the pre -1981 levy limit law, as a starting'. figure, for new base calculations; 2) include at least "the general, ad valorem levy and local government aid in the base so that the allow- able levy limit will reflect decreases or increases in local government aid; 3) provide that the base increase annually at the established rate without forcing. local units to levy the maximum to receive maximum .base increases; and 4) recognize the overall revenue needs.of a city in establishing a levy limit base.. Increases in the Levy Limit Base 1..Levy Limit Index The present 8 % annual levy limit increase is unrealistic even if the base is expanded to include other factors. A set percentage does not take into account increasing labor or material costs or local service demands. Wages, which account for 60 to 70 percent of most city budgets, are controlled by factors such as cost of living indices or outside arbitrators that do not consider overall city re- venue raising capabilities. 2. Population and Household Growth The levy limitation law has traditionally recog- nized that cities grow and that the general annual levy increase cannot alone provide sufficient funds to provide services for increased demand.du.e to growth. Population was first used as a growth factor but due to dwindling household size this did not recognize increasing numbers of dwelling units, street miles, and. other property related. growth needs. Many cities with decreasing populations actually experienced growth in areas demanding service. The 1981 legislature changed the growth factor to homesteads which to some degree solved,_ the decreased household size problem. However,' because of economic and housing problems, many cities are experiencing stable or decreasing home- stead growth while rental housing is increasing rapidly, thus causing increased service needs not allowed for .in the levy limit law. Therefore, The League of Minnesota Cities recommends that the levy limit growth factor be changed so that the base increases in direct proportion to both-popula- tion and household growth: 3. Commercial /Industrial Growth The current levy .limit law recognizes that increased houses and people require .increased revenues to provide services. The law also recog- nizes that new commercial /industrial expansion causes new city costs and therefore, provides a special levy for three years equal to the, amount of revenue raised by applying the general mill levy to, the increased value. At one time -a portion of the special levy would be added to the levy lirnit base when the special levy expired to provide funds for ongoing service needs. This provision was in- advertently dropped in 1981. Without this growth factor, services for new commercial and industrial property must be provided from existing revenue, thus reducing service to the remainder of the community. Without additional revenue to .pro- vide this service and considering metropolitan fiscal disparities, a very real . disincentive exists for allowing any type of new or expanded commercial/ industrial growth. -16- The League of Minnesota Cities. recommends that the legislature provide a levy base increase for new and expanded commercial and industrial growth so that service may be provided without decreasing service to the existing residents of the city. 4. Federal Revenue Sharing Since 1972 Minnesota cities have become more dependent on federal revenue sharing. If federal revenue sharing is either discontinued or reduced, currently there is no alternative method to raise revenue to replace the loss. The League of Minnesota Cities therefore recommends that the Legislature enact a provision in the levy limit law to provide a levy limit base increase to replace any funds lost through reduc- tion or discontinuance of federal revenue sharing to cities. Special Levies Special levies are an important part of any levy limit law, because they allow some flexibility based on special needs and circumstances that may affect individual cities. Therefore, the League supports maintaining all of the special levies that are currently allowed and, in addition, recom- mends that the following special levies also be included in any new levy limit law. 1. Elections The Legislature should allow for a special levy so that a city may recover local costs of holding elections. Cities have had a particularly difficult problems keeping up with rising election costs due mostly to new state - mandated requirements. 2. Mandated Programs The cost of local government is being influenced more and more by state and federally mandated programs and increased mandated benefits or cost for in -place programs. Some of the costs which bear no relationship to any allowed percent- age levy limit increases are: workers' compensation benefits; binding arbitration; federal social securi- ty; minimum wage laws; comprehensive planning and OSHA requirements. Therefore the League recommends that the Legislature reinstate the special levy for new and increased program costs mandated by state law. 3. Natural Disasters and Lawful Orders The Legislature should reinstate the special levies allowing for expenditures of funds as a result of natural disasters and lawful orders. A city cannot really plan for either of these events and has no control over them. Neither of these special levies would be used often, but would be extremely important to those cities needing to use them. 4. Energy Conservation The League recommends that the Legislature enact a special levy to pay for costs incurred by cities for energy improvements, including capital expenditures. Voluntary energy conservation improvements as well as required expenses should be allowed to be funded out of this special levy. -17- 5. Decreased Non -Tax Revenues The 1981 legislature eliminated the Decreased Non Tax Revenue special levy by adding the 1981 actual levy to the levy base. The primary purpose of this special levy was to provide a method on an annual basis to recapture revenue decreases in principally municipal liquor store operations using the current year as a comparison to 1971 revenues modified by inflation. When the Levy Limit law was initiated in 1971, it did not consider that a major share of some cities' general budget revenue was derived from the liquor store revenue. Since 1971 these revenues or profits have remained constant or in many cases actually declined, thus causing severe problems because levy increases were only based on actual 1971 property tax levy. The decreased non -tax revenue special levy was initiated in 1973 and modified in 1980 to remedy this problem. The League of Minnesota Cities recommends that the legislature re- instate the decreased non -tax revenue special levy so that the levy limit law allows for decreasing revenues from. municipal enterprises such as liquor stores. Adjustments to Levy Limit Base 1. Reverse Referendum The League of Minnesota Cities recommends that the legislature enact a provision whereby a city would be allowed to exceed its levy limit in any given year by no more than 10 %, subject to a reverse referendum. Significant notice and public hearing procedures should be included. Such a process would provide a measure of flexibility for cities needing base increases. 2. Board of Review A process similar to the Board of Review pro- cedure in M.S. 1980 275.52 Subd. 4 should be returned to the levy limit law. In this way allow- ance could be made by the state for special circum- stances on a case -by -case basis. 3. Annexed Property A city's levy limit base should be increased to reflect the increased cost_of municipal services as a result of an annexation or consolidation ordered by the Minnesota municipal boars'. Size of City Covered by Levy Limits It is especially difficult to justify imposing levy limits on small cities, such as those under 2,500 population. First, the normal political forces at work in smaller cities make levy limits unnecessary. City officials are visible, accessible and accountable. Second, the levy limit law, with all its special levies, changes and exemptions, requires cities with relatively simple budgets and small staffs to engage in time - consuming, costly and; unwarranted efforts to operate within the complexities of the law. Third, the total levies of cities under 2,500 constitute only about 11% of the total levies by cities and about 2% of the total property tax levy of all local governments. Al- though most of the cities in the state (695 out of 855) are under 2,500, the overall property tax burden imposed by those cities is slight. Finally, those cities were exempt from levy limits 1975 through 1981 and it appears that there were no significant problems or complaints due to un- reasonable property tax increases. RS -2. Adequate Funding for Local Government Aid (A) Local Government Aid (LGA) is cities' most significant source of non- property tax revenue. It is extremely important that LGA be reliable and predictable and that it be adequately funded so that cities can budget and plan sensibly and so that property taxes do not 'increase unreasonably. The experience with state aid delays and cut- backs since 1980 has demonstrated that the current local government aid system is neither reliable, predictable, nor adequately funded. The current system subjects cities to the dual un- certainty of not knowing whether the state's revenues will be adequate, and not knowing how the legislature and governor will choose to allocate funding cutbacks when revenues- do fall short. Upder a system in which cities derive a sub- stantial part of their revenues from state sources, cities must expect that when state revenues fall short of predictions, cities' state aid funding will also decline. It is also reasonable for cities to expect state funding for local government aid to increase in proportion to increases in state re- venues. To the contrary, the recent trend has been for state payments to cities to be cut dis- proportionately with respect to other payments to local governments. For these reasons, the League recommends that the appropriation for local government aids be tied directly to either a specified share of the state sales tax collections or a specified share of the state general fund. The specific share should be determined based on the appropriations level now in the law for calendar year 1983. In addition, these revenues should be distributed to cities on a monthly basis, based on each month's tax collection figures. RS -3. Alternative Revenue Sources (A) All indications are that past levels of financial support for cities from both the state and federal government are decreasing or at least not growing as they have in the past. It is therefore especially important that Minnesota cities have the ability to raise revenues locally. The property tax, although an important and valuable local revenue source, should not have to bear the entire burden in making up for state and federal cutbacks or in meeting increased local expenditure needs. Cities should have a variety of options for obtaining revenues locally so that each city can choose a mix of revenue sources that would be most fair and productive in that community. Therefore, the LMC recommends that- the legislature expand the ability of cities to raise revenues in the following ways: 1. Local option hotel, motel, admissions and amusement taxes. M.S. 477A.016 prohibits cities from enacting or increasing a local sales or income tax. The statutes should be amended to allow cities the option of imposing local hotel, motel, admissions, or amusement taxes. 2. License Fees. Generally, the statutes granting authority to issue licenses or permits do, not specify maximum fees. Court decisions provide ample limitations on cities' power to set license fees in that revenues produced must be related to the cost of issuing the license and regulating the licensed business. However, the legislature has set maximum fees for some licenses such as for off -sale liquor, on -sale wine, bottle club, and Sunday liquor. -18- The League of Minnesota Cities recommends that the Legislature repeal all maximum fee pro- visions and allow cities to decide locally the appropriate fee to charge for such licenses. RS4. Special Assessment Financing (A) a) Interest rate which may be charged on special assessments financed by bonds. The 1982 Legislature changed.the law governing the statutory interest ceiling for municipal bonds. The new law, which provides for a floating month- ly maximum interest rate, creates a problem concerning the interest rate which a municipality may charge on special assessments. The .interest rate which may be charged is determined according to the maximum rate allowed to be paid on muni- cipal bonds for the month in which the resolution authorizing the special. assessment is adopted. If a city sells the assessment bonds in a later month., the' interest rate payable on the bonds may be greater than that allowed to be charged for the special assessment. The city would be left having to absorb extra costs. The League recommends that the law be changed to ensure that a city may charge an interest, rate on special assessments at least one percentage point higher than the rate payable on the bonds which finance the assessment. b) Interest rate which may be charged on special assessments financed internally by a city. M.S. 429.061, Subd. 2 restricts to 8% the interest rate a city may charge on internally financed special assessments. The League recom- mends that the allowable interest rate be increased to more accurately reflect the cost to the city of internally financing assessments. RS -5. Local Government Aid Formula (A) The 1979 Legislature is commended for passage of the League local government aid formula which removed many of the inequities of the .old aid formula. However, the distribution of state- raised revenue through the local government aid formula should be increased in amounts sufficient to compensate for increased local government costs. Because of the continually changing factors which impact on the formula and sensitivity of the formula to these changes, the diverse needs of cities, and the complexity of the formula itself, it -19- is important that there be continuous study and monitoring of the formula. The League recom- mends that the legislature appropriate funding for this purpose.. It further recommends that the League be included in this activity. It shall be League policy that any changes in the formula initiated by any city or group of cities be made only through League process. This process shall be: 1. Any initiative for change shall be. addressed to either the Revenue Sources Committee or the Board of Directors of the League of Minnesota Cities. 2. If the Committee or Board believes a change may be warranted, a technical.committee, task force, or the Committee or Board may pursue a study of the impact of the proposed change. a. The committee selected must contain a representative cross - section of League member cities as determined by. the Board of Directors. b. Within the technical study committee, the membership shall include a finance officer and other technically _ competent resource people. This committee shall report to the appointing body. 3. After the committee determination of Policy change, the proposals shall be communi- cated to the League membership prior to Board action. 4. Board action shall constitute League policy. RS -6. Timing of Property.Tax.Payments (B) 1. Accelerated Property Tax Payments. Property taxes are currently paid in two semi - annual pay- ments, a system which often results in .cash flow problems for cities. These problems have been aggravated by the legislative changes of local government aid payments to the second half of the calendar year. The Legislature should consider modifying the property tax collection system so that taxes are paid quarterly. Given current statutory dates for local levy certifications and the practicalities of county, property tax billing pro_ cedures, the first payment date should be March 31 of each year. 2. Property Tax Distribution from County. Under current law counties need not distribute property tax collections to cities until 30 days after the settlement date of property tax payments to the county. The county does not pay interest on collected but undistributed funds until 45 days after the settlement date. After that time, the county must pay interest, but only at 8 %. All counties should be required to pay interest on all monies not distributed by 15 days after settlement. Further, the interest rate shall be one based on a standard which provides a more reason- able rate of return. RS -7. Homestead Credit (B) The homestead credit program was established by the state to provide property tax relief for homeowners. The law provides that the state will pay.�58% of every homeowner's tax bill, up to a maximum of $650.. When the property tax bills are prepared in the fall, the amount that an in- dividual taxpayer owes is decreased by the amount of the applicable credit., The state is then supposed to pay the credit to cities, counties, schools, towns and other taxing jurisdictions in the year the taxes are due (in six equal payments from July through December). This "homestead credit reimburse- ment payment" , is really a payment of property taxes by the state. The League recognizes the importance of property tax relief for homeowners. However, the League strongly recommends that the Legislature change two major aspects of the homestead credit program. First, .the. rate of increase in state ex- penditures for the homestead credit program must be more tightly 'controlled. Second, the system must be changed so that no cutbacks are made in reimbursement payments to cities. RS -8. Railroad Taxation (C) The existing system for taxation of railroad property is not consistent with the taxation of other commercial and industrial properties. The League recommends that a new system of property taxation be established which enables railroads operating in Minnesota to be taxed consistent with the taxation of other commercial and industrial properties. This system should contain the follow- ing features: 1. All railroad property should be assessed by the assessor having jurisdiction as otherwise provided by law. 2. All non - operating property should be taxed and should include all property other than operating land and operating structures as defined below. Non - operating property should include real pro- perty which is leased or rented or available' for lease or rent to any person which is not a railroad company. Vacant land should be presumed to be available for lease or rent if it has not been used as operating land for a period of one year preceding the valuation date. Non - operating property should also include land which is not necessary and integral to the performance of railroad transporta- tion services and which is not used on a. regular and continual basis in the performance of these services. 3. All operating land (defined to mean any land which underlies the operating structures defined below and rights -of -way adjacent thereto and which is necessary to the integral performance of railroad transportation services) should be taxed and should be valued by taking into consideration the value of adjacent lands and the zoning ap- plicable to adjacent lands. 4. All operating structures (defined to mean all structures owned or used by a railroad company in the performance of railroad transportation services, including without limitations, franchises, bridges, trestles, tracks, shops, docks, wharves, buildings and other related structures) should be valued by the assessor by taking into consideration their alternative use, consistent with the uses of adjacent and comparable structures, if not used for railroad purposes. All operating structures except railroad bridges, trestles, tracks, docks and wharves, should be taxable. 5. No taxing jurisdiction should lose revenue because of the change from the existing unit value system to the new local assessment system. -20- RS -9. Tax - Exempt Property (C) One of the glaring inequities in the Minnesota tax system involves local services that are provided free to tax- exempt property owned or used by the state, counties, school districts, regional govern- mental bodies, and by certain non - governmental organizations. It is widely acknowledged that such property benefits directly from governmental services such as police and fire protection and street services provided by cities. Since there is no legal basis, however, for claiming reimburse- ment for the cost of such service, they are borne by the local taxpayers. Furthermore, such pro- perty is concentrated in certain cities, resulting in a heavy cost burden upon those cities. The League recommends that this problem be corrected by legislation requiring state, county, school districts, city and regional government owners of tax exempt property to reimburse cities for the cost of police, fire and street services. The legislature should also consider reimburse- ment to cities for services provided to all state owned land and facilities, including state universi- ties. RS -10. Assessment Equalization (C) The League favors improved property assess- ment practices for numerous reasons. First, county, school and special district levies overlap various city taxing jurisdictions. If the sales ratio of one city is lower than that of another city in, say, a_ county, the residents of the high -sales ratio city bear an unfair additional tax burden. Second, various state formulas consider property tax base valuation in distributing aid. Although sales ratios are used as an equalizing factor, sales ratios themselves are often flawed or inaccurate because of the difficulty of computing ratios. For example, the "market value" of property can fluctuate widely depending on the type of financ- ing available to a buyer.. Or there may not be enough sales in a given class of property in an area to accurately determine asales ratio. . It is important to recognize that statistics such as sales ratios and coefficients of dispersion (which are calculated from sales ratios) are at best general indicators. They are tools for helping assessors and for insuring an equitable as possible distribution of state aids. However, they should not be used as precision measurements for penal- ties or bonuses. For these reasons, the League recommends the following: Coefficient of Dispersion Penalty For the past several years the deadline for the effective date of the statutory coefficient of dispersion penalty has been extended (it is now 1983) due to major problems of administering the law fairly. The League recommends that the Legislature repeal the coefficient of,-dispersion penalty provision. If the Legislature determines a need exists, the Commissioner cf Revenue should be required to order a reassessment of an area by an independent assessor of indicators fall signli i- -21 - cantly below acceptable national standards. The costs of such reassessment should be borne by the responsible assessing jurisdiction. Sales Ratio Equalization The Legislature should require that all cities have at least a 90% sales ratio. The sales• ratio sample should be conducted or audited by the state Department of Revenue, the Commissioner of which would be required to make aggregate in- creases in those cities below 90 %. All costs in- curred by the commissioner shall be paid by the assessing jurisdiction. The sales ratio sample should be for a 12 -month period, beginning no more than 18 months before the assessment date. Due to inherent inaccuracies in data and calcula- tions, the League opposes the sales ratio being used as a basis for either penalties or bonuses in state aid funds. LAND USE, ENVIRONMENT, ENERGY AND TRANSPORTATION LUEE -1., Transportation (A) An efficient transportation system 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. Furthermore, environmental concerns and the need to conserve energy require that alternate modes of transporta- tion be utilized in meeting the diverse needs which exist in various communities and regions of the state. In order to provide a more adequate state governmental structure and funding mechanism for transportation system planning and develop- ment, the League recommends that the following changes be made: 1. An adequate level of highway user funds should be maintained so that highway maintenance and reconstruction may be continued, and adequate funds be available for the state -aid street pro- gram. The Legislature should consider increas- ing license fees and the gasoline tax to maintain this fund. Efforts should be made to eliminate any inequities in the motor vehicle license fee schedules and other vehicle taxes. 2. The special state bonding program should be continued to provide funds for counties, towns, and municipalities for the replacement or repair of bridges. 3. Funding for at least the existing level of opera- tion for mass transit should be maintained by the state. Available funds should be used at: the city's option for capital or operating expenses. 4. The legislature should continue the Minnesota Department of Transportation as the rideshare program coordinating agency and to provide adequate funding for its continuation. 5. The League supports the continued dedication of the sales tax on motor vehicle sales for transportation purposes. 6. The possibility and feasibility of utilizing existing railroad trackage as part of a fixed guideway and /or light- rail mass transit system should be addressed. If existing railroad track - age /right -of -ways are petitioned for. abandon- ment, 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. 7. The legislature should give_ cities more local control over speed limits on highways, roads - and streets within the cities. LUEE -2. Solid and Hazardous Waste Management (A) The problem of solid and hazardous waste disposal will be one, of the major environmental issues of the next decade. Legislation addressing this problem enacted in 1980 responded to the following concerns of the League, and this legisla- tion should not be amended to diminish the emphasis on these concerns: 1. Planning for solid waste disposal. The agency or agencies responsible for developing plans for solid waste disposal should first identify the types of solid waste involved and the sources of the solid waste. The plan should give first priority to alternative use of solid waste, includ- ing generation of energy and recycling. Deter- mination of the applicability of these alternative types of disposal systems should be made prior to the land -fill siting process. Local govern- ments and school districts should establish an educational program for citizens and students on recycling. Site selection standards and criteria should be developed prior to the siting process and should be subject to exhaustive public hearings and Chapter 15 Administrative Proce- dures Act requirements. 2. Planning for hazardous waste disposal. A. statewide plan for the disposal and regulation of hazardous waste must be developed. Hazard- ous waste must be defined and the sources identified by type, volume, location, and genera- tor. Those responsible for generation must be involved in solving the disposal problem. Hazard- ous waste generators must be encouraged to modify production processes to reuse or recover as much waste as possible and to use less hazard- ous raw materials in their process. Hazardous waste generators must be required to handle the waste that are produced in such away that will allow these wastes- to be identified, collected, and recycled or to be disposed of in a technolo- gical and environmentally sound manner. Determination must be made of the types of disposal facilities needed, how many, and the general geographic locations prior to' the siting. process. Site selection rules and criteria must be adopted prior to the siting.process and must be subject to Chapter 15 Administrative Procedures Act requirements. The state as a whole should be considered when selecting the site or sites for resource recovery and /or disposal of hazardous wastes. Incineration as a,means of disposal or as a volume reduction technique should be given serious consideration as part of the disposal system. If landfilling of various types of hazard- ous waste becomes necessary, prime considera- tion should be given to geological acceptability of various sites, fail /safe design of the facility, safe operating standards, and adequate long -term monitoring by the State during operation. 3. Participation in planning process. All the levels of local governments, including cities, together with private industry, must be encour- aged to participate in the entire planning process and also to provide solutions to the problems where feasible. Resource recovery systems and landfilling of solid wastes are appropriate roles for local government. A process for regulating the flow of solid waste must be available to guarantee a source of waste for any recovery facility. Because of the complexity of dealing with hazardous wastes, a state agency should have the primary responsibility for supervision of hazardous wastes recycling and landfill -22- facilities. To the extent possible, hazardous waste disposal solutions should be operated by private industry. 4. Incentives. Because the sites for the disposal of solid and hazardous waste will be located within the geographic boundaries of political subdivisions, incentives should be provided by the state to both the host of facility, and the Idcal governmental unit establishing and main - tafining the facility. Specifically, consideration should be given to payments in lieu of taxes to the host community for the property removed from the tax rolls as a result of the location of a facility. The host community and the com- munity operating or maintaining the facility should be protected by the state from severe liability problems. Grants should be made available to communities operating innovative landfills. A special levy must be established outside of levy limitations to pay for the costs of operating and maintaining a landfill, in order t6-assure that adequate funds will be available to implement environmental protection measures. 5. Clean -up of hazardous substance. locations.. The legislature should establish a state fund to finance long -term monitoring of disposal sys- tems and sites, the clean -up of existing hazard- ous substance locations and future spills of trans- shipment of hazardous waste, and for the design and implementation of projects required to mitigate the impact of pollution emanating from hazardous substance locations, solid waste landfills, and wastewater sludge disposal areas. The state fund could be financed through amounts collected by the state through the court system from disposers of hazardous substances. Funds should be available from this state fund . to reimburse cities for money ex- pended to clean up hazardous substance loca- tions and spills. Eligibility for reimbursement should be on improvements or projects ordered or begun after Jan. 1, 1980. Should a monitary recovery be made by the city from the disposer, the city would reimburse the state fund in the same proportion as the state monies bear to the total city cost. Legislation clearly defining the liability of disposers of hazardous substances should be enacted. Liability should be retroactive only to the date of any law prohibiting or regulating the disposal of the particular type of hazardous waste in question. As future hazardous sub- stances are identified and their disposal regu- 1-1 lated, liability for their improper disposal should begin as of that date. Innocent landowners of existing hazardous substance locations should be protected from liability but should be encour- aged to clean up the hazardous substance through financial incentives. Municipal -liability for damages from improper disposal of hazardous substances on public property in other than a state permitted hazard- ous waste disposal site, should be limited to the amounts specified in the Municipal Tort Claims. Act. LUEE -3. Manufactured Housing (A) In 1981, the Legislature changed the definition of mobile homes to manufactured housing. In 1982, the Legislature appeared to require cities to accommodate manufactured homes but to still permit cities to regulate the location of ,manu- factured housing within their boundaries. If the legislation is interpreted to restrict the ability of cities to regulate the location of manufactured homes within districts within the city, this authority should be given to cities. LUEE -4. Agricultural Land Preservation (A)!,, Public policies which encourage substantial development in non -urban areas and which extend public services beyond existing jurisdictions and service areas are wasteful and'counter- productive. Cities offer a variety of lifestyles that conserve energy, and they are already centers of substantial public and private investment. Because the prime agricultural land of Minnesota is a major natural and economic resource, a major objective of any land use strategy should be the preservation of this prime agricultural land. -23 - The state should establish a policy encouraging the preservation of prime agricultural land which discourages the development of such land outside designated growth areas to�be served by a city and encourages regional agencies and local governments to adopt agricultural preservation policies, and ordinances. The legislature should consider extending the metropolitan area agricultural preserves law state- wide. The law should permit but not require the formation of agricultural preserves by cities, counties and towns which have comprehensive plans and zoning ordinances. In areas adjacent to cities, the city and the town and county, if the town and county have zoning ordinances per- mitting agricultural preserves, must all agree to the inclusion of land in the agricultural preserve. LUEE -5: Surface Water Management (A) While recognizing the need for comprehensive planning, the League believes that local units of government should retain the basic responsibility for surface water management as they are the level of government closest to the problem. Also, any legislation mandating surface water planning or additional responsibilities on local units of govern- ment must include funding to carry out the plan- ning and new responsibilities. Many. watershed districts, joint powers com- missions, counties, cities and towns have done a good job of dealing with surface water manage- ment issues and have the authority and ability to continue to do so in a cost effective manner.. These existing mechanisms should .continue to be used to the greatest. extent, possible to address surface water management problems instead of establishing a new system or creating new organiza- tions. The 'following concerns should. be included in any surface water management legislation: 1) ; The state should recognize that water is an important natural resource. and should be retained in the state to encourage industry, agriculture and tourism. 2) More city input should occur in the water- shed district board of managers selection process and there should be more balanced geographical representation on these boards. Local elected officials should be eligible to serve as 'watershed district managers or board members. . , 3) Incentives and encouragement should be provided to cities to include surface water management retention and detention elements in existing comprehensive, plans. 4) Greater cooperation between local units of government in dealing with surface .water management problems should be encour- aged. 5) The establishment of watershed districts or joint powers commissions. should be encouraged in watersheds .where needed. 6) The state should prepare surface water management advisory standards, guidelines, criteria, etc. to facilitate and enhance the planning of subregional and local units of government.. -24- 7) The permit process should be revised so that permittees need only work through local government.- 8) Additional mandates on local government for surface water management planning or implementation • activities are opposed unless funded by: state raised revenues. 9) In any case, authorities exercised by local government in dealing with surface water management problems should not be reduced or substantially modified, provided that the local government is acting in good faith to solve . the water management problems. 10) Cities should be allowed to make a special levy annually to be placed in a surface water management fund. This money would be used to eliminate high priority surface water problems that have been identified by the city council and city engineer. After all storm sewers are in place within the city' boundaries the annual levy may continue for a replacement fund as long as the reserves do not exceed an amount established by the city.: 11) The legislature should provide clear authority to cities to operate storm sewer utilities and to impose user charges to accumulate revenues to finance storm sewer improvements. LUEE -6.. Flexible Approach to Pollution Control (B) The present federal and state programs for the abatement of pollution, problems tend to rely heavily or exclusively upon; single solution ap- proaches which are not necessarily appropriate or economically feasible in very small communities. As a result small cities may be required -to install very costly central collection and treatment systems without regard to cost /benefit considera- tions or their ability to finance the continuing operation of such systems, and larger cities are discouraged from using alternative strategies where they' might be appropriate. Consequently, the League recommends that the pollution control programs be modified to permit low interest loans and grants and other alternatives to upgrade alternative environmentally sound systems and to finance other means of on -site or community disposal of domestic and commercial waste in small cities. The League encourages mandatory stan- dards for individual on -site disposal systems. LUEE -7. Eminent Domain Law (B) The League believes the entire eminent domain process should be critically reviewed and stream- lined.. This examination should include a re- evaluation of the advisability of making appraisals public information; the advisability of an alterna- tive system of review, for example a professional referee, a hearing examiner, etc., using a pro- fessional 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; and the legality and feasibility of collecting property. taxes, on propserty for several years in instances where the award is substantially in excess of the market value of the property for tax purposes. The League Board should establish a state -wide task force to study eminent domain, its alternatives, and reloca- tion practices and costs. LUEE -8. Rezoning Requirements for Cities of the First Class (B) - i The State Municipal Planning .Act contains special requirements for rezoning in cities of the firscclass which. do not apply to all other cities. Land can only be rezoned with a consent petition approved by two- thirds of. the property owners within 100 feet of the property to be rezoned or by a "40 -acre study." In effect, neighboring property owners have more power over rezoning thani elected city officials. The fact that cities of the first class cannot initiate rezonings creates the additional problem of not being able to comply with. the requirements of the Metropolitan Land Planning Act of 1.976. The Municipal Planning Act should be revised to make the requirements for rezoning in cities of the first class consistent with the existing requirements for rezonings in cities of the. second, third and fourth class. LUEE -9. Energy Conservation and Production (B) Overall energy conservation strategies involving the public, private, commercial and industrial sectors are being developed by cities based on the rationale that conservation efforts achieve the greatest energy savings at the lowest cost. The League believes that a city's individual energy conservation strategy can be accomplished if the legislature permits or establishes some of accomplished, following measures: Retrofit of Local Government Buildings. Local governments and school districts operate nearly 8,000 buildings in Minnesota. Possible energy savings in this sector range from 16 -67% of current energy consumption by implementing operation maintenance changes and capital improvements programs. The league recom- mends support of the use of special levies to local governments for implementation of energy conservation measures, including implementa- tion of energy conservation. measures 'and building energy audits. 2. District Heating. To. promote statewide ap- plications of district heating technology, and to allow communities to make most efficient use of the State District Heating. Bond Program, the League recommends the following: -25- a. The Legislature should provide additional funds or the ability to special levy for conducting district heating feasibility stud- ies at the community level; b. The Legislature should - permit cities to make special property assessments for the cost of connecting or converting to ;com- munity district heating systems; and C. The Legislature should strongly encourage consideration of district heating potential in the power plant siting process. d. The Legislature should continue to allow use of State District Heating Bond Program for renovation, of existing district heating systems. c Repayment of state bond issues would follow repayment of local obligations. 3. Low and Moderate Income Energy Assistance. Rising energy costs will continue to place a burden on the economic vitality of communities in Minnesota. The League recommends: a) Continuation of the fuel assistance program for low- income households, with expanded services to train recipients in energy conservation prac- tices and with a'requirement of recipient parti- cipation in weatherization programs if the recipient is the owner; b) Support for weather - ization programs operated through cities, counties, and CAP Agencies; c) Continued support for the MHFA loan and grant program for home weatherization. 4. Conservation and Renewable Energy Financing. Declining federal support for implementing conservation and renewable resource projects will place a significant burden'on local govern- ment attempts to maintain vital services to their residents and promote community development. The League recommends that cities be: allowed to .bond and to make a special levy for energy conservation and renewable resource. projects. 5.' Local Regulatory Authority, Local governments are in„ the best position to assess local needs and regulate energy consumption within their communities.' The League - recommends giving any, municipality, the option , to adopt and enforce an - energy code that may be more stringent than the state building code for pur- poses of energy conservation. LUEE -10. Shade Tree Disease Control (B) If the Legislature continues its commitment to the Shade Tree Disease Control Program, grants should include funds. for sanitation and refore- station. Because the disease is still present and spreading, whether or not state grants are available, the Legislature should permit cities to use special levies, special assessments, and other sources to fund local.control. LUEE -11. Initiative- Referendum for Zoning Ordinance (C) The Municipal Planning Act has been interpreted to allow for initiative and referendum (I R) in cities with charter provisions: allowing for I R. There is evidence that this interpretation has interfered with cities' efforts to ' achieve their planning and development goals, particularly in the housing field. The League of Minnesota Cities supports an amendment to the Municipal Planning Act to provide that zoning ordinances and amendments not be subject to city charter provisions on initia- tive and referendum. First, the statutory procedure on zoning ordi- nances provides ample opportunity for.the partici- pation of both the general public and individual property owners in decisions relating to zoning ordinances or the Municipal Comprehensive Plan. It is inappropriate to, allow such a .long deliberative process to be overturned by a relative- ly few voters who may have narrow interests in the issue. -26- Second, the clear intent of the existing planning law is that zoning ordinances and amendments not be subject to IR. Without a clear uniform statu- tory procedure for the implementation of..munici- pal planning, statutory and charter cities. will be subject to different procedures and the act will not be realized. LUEE -12. Erosion and Sediment Control (C) Cities presently have the legal authority to adopt sedimentation and erosion types of land use controls.. The League urges the Pollution Control Agency to develop a model ordinance and guide- lines to assist cities in using these types of land use controls. LUEE -13: Orderly Annexation (C). 1. To increase local government, cooperation in orderly annexation proceedings, when the .city and town jointly agree on the area to be con- sidered for orderly annexation, and when there is no objection by any other.city, county or town, the Municipal Board should not be able to modify the agreement and. may only accept or reject it. 2. The parties to an orderly annexation agreement should be permitted to agree to distribute the land use responsibilities within the area, with no review by the Municipal Board. Any county land use authority in the area . should be. sus- pended. . LUEE -14. Minnesota Municipal Board (C) Since its organization, the Minnesota Municipal Board has strengthened municipal government by providing a means for the orderly and intelligent evaluation of proposed incorporations, consolida- tions, and annexations throughout the state. Recent additions and changes in the Board's authority in annexation areas will encourage and foster an assessment of the consequences for governmental framework of certain kinds'. of development and services in urbanizing fringe areas around cities. The League commends the legisla- ture for making this change and recommends that no further changes be made in the annexation laws until; the current system has been evaluated through its application by the Municipal Board to annexation situations. The orderly procedure for the consolidation of cities should be broadened to include the con- solidation of entire townships within the city consolidation process. LUEE -15. Intergovernmental Strategies (C) During the last several years, the Minnesota Pollution Control Agency has taken several steps which have markedly improved the working relationship between its own staff and local govern- ment officials. The decentralization of its staff in regional offices, the increasing willingness to provide technical assistance to local governments and . the appointment of an advisory council composed of local government officials, have each, contributed to better communication and cooperation. The League endorses these efforts and `urges the Minnesota Pollution Control Agency to continue to involve local officials in the mutual effort to improve the effectiveness of our efforts to preserve and improve our, environment, and encourages all state agencies to do the same thing. LUEE -16. Planning Grant Program (C) The state matching grant program which pro- vides funds to increase the. local planning capacity of cities and counties was instrumental in encour- aging many cities which otherwise might not be involved in land use planning to implement land use .,planning measures. However, because of the possibility that new mandatory planning programs may be instituted by the Legislature, the League recommends that should these new planning programs be mandated, that the Legislature parti- cipate in the funding of these planning activities and in the implementation of. these activities through a grant program. I LUEE -17. Use of Funds from Subdivision of Land (C) Funds derived from the creation of new sub- divisions of land in lieu of the dedication of land for park purposes should be available for park development in addition to park acquisition. DEVELOPMENT STRATEGIES DS -1. Community Development Principles (A) Minnesota Cities are key partners in the com- munity development process. They can. and. do plan types and location of economic growth; build or repair streets, sewers and other public improve- ments; and finance construction or rehabilitation of residential, commercial and industrial develop- ment. From the 60's through the early 80's an ever - increasing number of cities have gained experience and sophistication in the use of development tools including industrial revenue bonds, tax increment financing and housing (or mortgage revenue) bonds. Various federal grant programs encouraged cities to tap state and local resources to maximize the impact of federal dollars. The state of Minne- sota assisted cities' development efforts with' the Star Cities and the Main Street Minnesota pro- grams, Minnesota- Housing Finance Agency loan programs and other activities. The Legislature allowed cities to retain flexibility in using tools for financing growth and rehabilitation and granted new powers in such areas as financing rehabilita- tion loans for small businesses. The economic realities of the 1980's are likely to require even more active participation by cities in community development. Especially if the federal government continues to reduce its assist- ance to cities, it is important for cities to retain maximum ability to encourage and leverage econo- mic development and redevelopment. The League opposes any changes in . state statutes that would limit cities' current ability to carry out a variety of community - development activities. The League recommends that, any legislative changes in cities' community develop- ment powers or other actions which have an impact on city development and redevelopment be governed by the following principles: -27- Cities' ability to finance the maintenance of its capital investments such as existing streets, sewers and other public improvements should be assured and protected. 2. Economic growth should be managed to maxi- mize the cities' capital investment in existing roads, bridges, sewers, water treatment plants, etc. 3. The revitalization of cities and community centers should be a priority in order to reverse the trend of dispersion of population and economic activity. 4. Any state statute relating to community development should recognize and allow for the great differences - between cities with respect to their stage of growth and development, demographics and types of economic activity within and adjacent to their borders. 5. The preservation and conservation of agricul- tural lands, wetlands, and scenic and recreational land should be encouraged and promoted. 6. The state should work closely with cities 'and the private sector. Local I objectives should be a .priority ..which are built ' into economic development and redevelopment process. DS -2. Small Cities Community Development Block Grants (A) The state of Minnesota has chosen to exercise its option to administer the Small Cities portion of the Community Development Block Grant- (CDBG) program in FYI 983. The state's handling of this program, which is the major source of community development resources for most Minnesota cities, is of great concern to the League. Representatives of the, Department of Energy, Planning and Develop- ment (DEPD), cities, regional development com- missions, the legislature and other interested organizations met throughout 1982 to ,consider policies and procedures for the new state -ad- ministered program. In addition, a series of informational meetings was` held around the.state before the DEPD adopted administrative rules in the fall of 1982. The state program will not be greatly different from the program as it was administered by HUD. Program activities must continue to: 1) .Principally benefit low and moderate income persons, or 2) Aid in the prevention or elimination.: of slums and blight, or 3) Meet other community development needs posing a serious . and immediate threat to the community's health or welfare. -28- Although the League. continues to have many concerns about the administration of the new program, we believe the first grant cycle should be completed before the Legislature should consider intervention in the process. If the Small Cities' CDBG program design does become an issue in. the 1983 Legislature, the. League strongly advocates the following approach: 1) Extensive hearings should be held on the issue, with ample_ opportunity for the presentation_ of cities' positions. 2) The.CDBG program should be allowed to remain basically what it has in the past: a source of funding to encourage cities to "develop viable communities by providing decent housing, and suitable living environment and expanding econo mic , opportunities, principally for .persons of- low and moderate income." 3) Cities should retain as much. flexibility as. possible in determining how to carry out any one. of the three broad, objectives of the program (listed above). 4) The Legislature should not attempt to deal statutorily with complex, specific program criteria that are best handled administratively. DS -3. Special Assessments (A) Recent court decisions concerning special assessments have made it more .difficult for cities to use special assessments to finance a- variety of necessary activities. One particular problem area relates to cities' financing of capital. costs.. and annual operation, maintenance, or promotion expenses connected with public .malls, plazas, or courtyards, pedestrian skyways; underground, pedestrian concourses, or public parking facilities. The LMC supports legislation which would create statutory authority• for cities to . collect special service charges for the aforementioned operation, maintenance, or promotion expenses according to the value of the services received rather than the increased value of the property. The LMC also supports legislation which would allow cities. to finance the aforementioned capital costs and operation, maintenance,. or promotion expenses by the creation of special taxing districts. DS -4. Enterprise Zone and Industrial Employment Property (B) New 1982 state legislation set up criteria for the 'creation of enterprise zones in "economic hardship areas ". New powers were given to cities in those zones which are over 2,500 (or over 4,000 if Ideated in an over 50,000 SMSA) to classify certain types of property as "industrial employ- ment property' , thus qualifying it for special property 'tax abatements. i This population restriction ' eliminates the great majority of cities in -the state from participa- tion =in this program, which could be very meaning- ful and helpful even in smaller communities. The criteria in the law relating to whether an area is economically distressed should be the deter- mining factor in who may use this tool - not the population of a city. The League recommends that the Legislature amend. the 1982 Enterprise Zone Bill to allow a city' of any size population which meets the statutory economic tests to qualify as an enterprise zone. DS -5. Tax - Exempt Status of Land Held by Cities for Development (B) In 1979, the Legislature changed the tax - exempt status of land held by cities for later resale for economic development purposes by limiting the tax exemption to a maximum of three years. The industrial and economic development process may extend over a long period of time. The,current three -year time limit discourages cities from, being active in establishing and maintaining local development corporations, from retaining as much control 'as. possible over their economic development and planning process, and from being selective as to the type of development which may locate in the city. Therefore, the League of Minnesota Cities supports legislation to eliminate the three -year time limit on the tax - exempt status of land held by cities for later resale for economic development purposes. DS-9. Small Business Development Financing (B) X good array of financial tools are available to cities to stimulate development which is in concert with city plans and policy. However, there is now a gap in cities' ability to pursue and aid small business development for expansion, or construction of their enterprises. The' use of industrial development revenue bonds (IDRB's) for small projects is hampered by the economics of administrative expenses, necessary for issuesof any size. The League recognizes this existing gap in developmental tools and encourages the legislature to enable the Small Business Finance Agency to package projects which are approved by local-city councils into larger IDRB's. The League encour ages the, legislature to appropriate funds as needed by the Agency to establish reserves an ,d :cover administrative expenses related to this, effort. DS -7. Tax Increment Financing (C) Tax increment financing has permitted many: cities in various parts of the state to define and carry out rehabilitation, redevelopment, housing, and economic development projects on their own initiative. It represents the most feasible''and effective legal strategy which is currently available to cities. to preserve and improve their, physical and economic environment. The League commends the 1979 legislature for passing one of the most flexible and comprehensive tax increment laws in the nation. The legislation incorporates substantially the League's position. The League believes that presently no substantive changes are necessary.' DS -8. Housing (C). The League continues to encourage the use of tax - exempt financing for housing and supports the Minnesota Municipal Housing Revenue Bond' Act, M.S. 462C, passed by the 1979 Legislature. and amended in 1982. Cities recognize that incentives for the icon - struction and rehabilitation of housing form a vital part of city redevelopment efforts and serve the housing needs of its citizens, especially those of low and moderate incomes. The League sup- ports amendments to Chapter 462C necessary to further assist cities in using housing revenue bond programs both as a redevelopment. tool to en- courage a healthy and diverse economic and social base - and as a way to provide housing for low and moderate income households. -29- Because of the federal Mortgage Subsidy Bond Tax Act of .1980, the ability of cities to conduct housing programs has ,been severely limited. Federal law placed a cap on the dollar amount of single family mortgage revenue bonds that may be issued in the State of Minnesota for 1981, 1982 and 1983. Unless federal law .is changed, tax - exempt housing bonds will cease to be after 1983, unless they fall within specific exemptions in federal law. Federal law specifies that 50% of the annual state ceiling is allocated to the state and 50% is allocated to local issuing authorities, unless the Legislature -or the Governor decides on another allocation formula. In 1981, the Legislature implemented an alterna- tive formula by allocating 100% of . the state volume cap to the Minnesota Housing Finance Agency, except for specific dollar amounts which were specially authorized for the three cities of the first class. In 1982, the Legislature set aside an additional amount of the state volume cap to allow each city in the_ state an opportunity to apply to the MHFA for up to $10 million to finance city housing programs. Since available issuing authority is limited to 27'/2 of the state ceiling, less any amount allocated by law to specified. cities, the law. in- cludes a procedure. for ranking . programs. The League supports the. continuation of this formula which .allows flexibility in the use of limited bonding authority . between the MHFA, and the cities. MHFA program funds should . be targeted to cities in a manner consistent with local plans and programs. The MHFA should continue to improve its procedure whereby representatives of a devise group of cities, chosen in consultation. with the League, can participate in decision - making as to MHFA priorities in targeting funds to cities. DS -9. Industrial Revenue Bonds (C) The League supports the policy of this state to encourage cities to take an active role in .their. economic development and redevelopment. This policy is particularly expressed in Chapter 474 of the Minnesota .Statutes, the Municipal Industrial Development Act. Chapter 474 provides of the use of industrial revenue bonds by local units of government to prevent or remove light and econo- mic deterioration, to. create new jobs and retain existing ones, to maintain and strengthen tax bases, and to retain existing businesses and attract new business. -30- The League believes that the development and redevelopment needs of cities are very diverse, and therefore recommends that no legislation be enacted which limits in any way the types of projects for which industrial revenue,.bonds may be, used. The League recommends that any unit of government issuing industrial revenue bonds voluntarily adopt and follow local ,guidelines setting forth conditions under which a .project is consistent with a community's development plans or policies and zoning requirements. The League supports any changes in state law that may be necessary to ensure that cities will be able to use I RB's to the fullest extent possible under the changes;made in the federal "Tax Equity and Fiscal Responsibility Act of 1982." DS -10. Rent Control (C) The League of Cities opposes any effort to deal with the issue of rent control by statewide legisla- tion. The League has no position. in favor of or against rent control per se. However, a uniform state law would pre -empt cities' rights to make a local judgment on this issue. With.respect to rent control, as with most other issues, the-League feels strongly that it is appropriate to allow control over this decision to remain with local, government. FEDERAL LEGISLATION FL -1. General Revenue Sharing (A) The League understands that the federal govern- ment is considering . budget revisions that will call for, cuts in virtually all programs of interest to city governments. The League also recognizes that, at this time, it does not have adequate infor- mation to propose alternative. approaches to dealing with a program to control the problem of inflation. The League is quite clear, however, that the General Revenue Sharing Program is of vital importance to all Minnesota cities. Upon the average, these cities utilize General Revenue Sharing to account for . a significant portion of their budgets. Since in. most instances these funds are a part of the city's operating budget, reductions in General Revenue Sharing will leave cities no choice but to raise taxes or reduce city services and personnel. Neither alternative is an acceptable method of dealing with inflation. The League, therefore, requests that federal budget consideration; particularly as it affects city governments and the General Revenue Sharing Program, recognize the importance of the General Revenue Sharing Program to our cities. It requests that this program be given priority and, insofar as possible, protected from reductions. Congress and the Administration should resist the temptation to use revenue sharing as a lever to governmental and other reforms at the local level. Revenue sharing should be a flexible, decentralized program free of bureaucratic. entanglements. The dangerous tendency of the imposition of difficult procedural and other requirements is apparent in the revenue sharing amendments of 1976. The League opposes inclusion of energy sever- ance' taxes in the calculation of fiscal effort at- tributed to the states in the derivation of state General Revenue Sharing amounts. The League further requests that the National League of Cities review the federal budgetary situation and arrive at a more comprehensive position with respect to a program to combat inflation, recognizing the view that the General Revenue Sharing Program should be given highest priority consideration. FL -2. Municipal Bonds (A) i The traditional way of financing most local public improvements of facilities has been through the ,issuance of bonds, and this is likely to continue for the foreseeable future. Consequently, if the needs for local improvements are to be met at a reasonable cost, it is imperative that a broad market be. maintained for municipal bonds at the most,favorable interest rates possible. Federal legislation. The exemption from federal income taxes of the interest on municipal bonds has been and continues to be the key factor in maintaining a healthy market for municipal bonds. This tax- exempt status of state and local issues not only maintains a separate market for them but also recognizes the right of state and local government to manage their. fiscal affairs independently. In recent years, however, some knowledgeable people have become concerned because of their belief that the, traditional market for state and local bonds wiWnot be able to satisfy the rapidly growing need for capital for public purposes. Concerns have also been raised about existing methods of tax avoid- ance, including the tax - exempt interest on state and local bonds. These two concerns have resulted in several .bills in Congress to establish programs to lend money to municipalities by purchasing their bonds and /or make interest on state and local bonds taxable. While the motives. behind these proposals may be laudable, it does not appear that a convincing case has been made for such a radical change which could damage the independence and viability of state and local government. Therefore, the League strongly urges that the tax - exempt status of state and local bonds be maintained. Also, the League is opposed to the federal legisla- tion which regulates the issuance and sale of municipal bonds, -including registration or filing with the Securities and Exchange Commission. FL -3. Industrial Development Bonds (A) Industrial development bonds are useful tools which allow cities to take an active role in fostering a diverse range of economic development or redevelopment projects. _ They are also the primary means by which cities can provide employment opportunities within the city.. Due to federal program cutbacks, the need for locally controlled development tools is greater than ever before. The League therefore supports the continued availability of small issue industrial developtiient bonds to cities after December 31, 1986. The League recommends, however, that any issuer should be .required to adopt and follow local guidelines ensuring that projects be part of an overall economic and physical development plan. FL4. Community Development (A) The Community Development : Block Grant Program is an extremely important source of financial assistance to Minnesota Cities. Funds from the CDBG program have often made the difference between redevelopment, development, and stagnation in Minnesota cities. Without consideration of the importance of the General Revenue Sharing Program, the CDBG program is the most significant source of federal funds for Minnesota cities. It has been proposed that CDBG be folded into a federalism program which would make a; sub- stantial amount of funding available to the state governments to fund city and other governments for various purposes. We believe that the CDBG program should not be included in a general block grant to the states. The direct federal -local rela- tionship established in CDBG should not be diluted by interposing another layer of government nor -31 - expanding the potential coverage of the CDBG funds to make up for deficiencies in other pro- grams included in a state block grant but for which the overall funding is reduced. The CDBG program addressed long -term capital needs in our cities. For this reason, it should be funded on a multi -year basis and the legislative reauthorization for it should extend to at least three years and preferably longer. Because of the general inflationary cycle of our economy of the last several years, the next reauthorization of the CDBG program should provide at least a modest increase in funding in the amount of 20% of the previously authorized amounts. This is also appropriate in view of the fact that other federal programs have been reduced or phased out with the suggestion that the CDBG program could cover deficiencies in other pro- grams. It has also been suggested that CDBG funds be authorized to cover the cost of housing construc- tion as an eligible CDB.G activity. Congress should not make this change in the CDBG . law. The potential costs of housing are so great that authorizing housing as a use of CDBG funds would neither provide an appropriate nor adequate source of funding for the nation's .housing needs, nor prevent a serious debilitation of CDBG funds from their original capital purposes. We support the .simplification of the CDBG program and the increase in flexibility which could be ,provided to city governments. We however believe that the program should retain its focus on meeting the needs of low and moderate income persons as well as eliminating slums and blight and meeting urgent community needs. FL -5. Wastewater Treatment (B) Clean water is important to the economic and social well -being of not only the state of Minnesota but the nation as a whole. The League supports the federal government's recognition of water quality as a national problem and feels the estab- lishment of national water quality standards is appropriate. While the League supports the establishment of national water quality standards, we feel the programs available to help meet these standards are inadequate in that they've tended to rely heavily on single solution approaches which may not be appropriate or economically ..feasible in small communities. As a result small cities have been required -to install very costly central collection and treatment systems without regard to cost /benefit considera- tions or their ability to finance the continuing operation of such systems. Similarly, larger cities have been discouraged from using alternative strategies where they might be appropriate. Consequently, the League recommends that the wastewater treatment programs be modified to provide financing to upgrade alternative environ- mentally sound systems of on -site or community disposal of domestic and commercial waste in small cities. The League encourages mandatory stan- dards for individual on -site disposal systems. In addition, the League feels the reduction in federal funding of these programs is inappropriate in light of the national scope of the problem. FL -6. Cable TV N Approximately 150 cities in Minnesota receive cable TV service. Present state and federal law allows for the establishment of regulatory and service requirements through the competitive franchise process. Minnesota.has already set-up a workable process which assures responsible local regulation in. the awarding of cable franchises. This system allows local communities to provide input into this important community service. -32- Because cable TV is . a local medium of com- munication and thus is primarily a local concern, the League opposes any legislation which will diminish local control. FL -7. Federal Labor Legislation (C) In 1971, Minnesota adopted a comprehensive public employment labor relations act which covers all public employees within the state. The scope of the law is sufficiently-broad to permit free and extensive participation in the collective bar- gaining process by both the public employee and employer, including the right to strike for certain employees. The League is opposed to federal labor legislation covering state and local employees on the grounds that it.is unconstitutional and that it is patently unnecessary. If the United States Supreme .Court determines that such legislation is constitutional and that Congress finds it necessary to adopt some sort of national' legislation in this area, we believe the best alternative would be to in those states that do not have existing labor extend the provision of the National Labor Rela- legislation, allowing states the opportunity to tions Act to cover public employers and employees establish their own laws as the need arises: -33- TICKET ORDER FORM STOREFRONT/YOUTH ACTION presents MICHAEL JOHNSON Saturday, February 12, 8:00 p•m. Please make checks payable to: STOREFRONT /YOUTH ACTION 5701 Normandale Rd. Edina, Mn., 55424 NAME :!OMPANY (if applicable) ADDRESS PHONE has ordered @ $100.00 = $ @ $ 50.00 = $ @ $ 25.00 = $ @ $ 15.00 = $ @ $ 5.00 = $ (students) Total $ Amount paid by cash $ check $ We cannot attend but will donate $ • . . • . . . . . . . . . . . . • • . • . . • • • . . e • • a o • • • • . 0 0 . . . . . . • o . . • STOREFRONT /YOUTH ACTION has received $ tickets will be mailed to you prior to the MICHAEL JOHNSON concerto If you;do not receive them, please call 926 -1851. Thanks so much for your support. Date STOREFRONT/YOUTH ACTION Administrative Offices 5701 Normandale Road, Edina, MN 55424 (612) 926, -1851 Dear friend: This year, Storefront /Youth Action celebrates it's tenth anniversary. We wanted to make it a very special occasion, and wanted to include you in our celebration, so . . . On Saturday, February 12; at 8:00 p.m., you are cordially invited to join us for a benefit concert. Our artist will be. guitarist -folk singer MICHAEL JOHNSON, known around the country for such hits as "Bluer Than Blue" and "This Night Won't Last Forever." MICHAEL JOHNSON is a rare entertainer. He appeals to kids, Moms, Dads - even grandparents, so here's an opportunity to buy the whole family a valentine. Enjoy a wonderful evening together, and help make sure Storefront /Youth Action will be around for another ten years. Enclosed is more information about the concert, and a ticket order form to be filled out and mailed with your check. Those ordering tickets at $100 or $50 will be our special guests (along with other ticket bearing members of their family) at a reception in their honor, and will have a chance to meet Michael before the concert. (The student rate of $5.00 applies only to high school or elementary school students.) We must have your order by January 31st, so tickets can be mailed in .plenty of time. Please join our celebration! Sincerely, Storefront /Youth Action Board of Directors Adolescent Victim Counseling Program, 7145 Harriet Avenue South. Richfield, MN (612) 861 -1678 Edina Project CHarlie, 5701 Normandale Road, Edina, MN 55424 (612) 925 -9706 Richfield Project CHarlie, 7145 Harriet Avenue South, Richfield: MN 55423 (612) 861 -8260 Storefront, 7145 Harriet Avenue South, Richfield, MN 55423 (612) 861 -1675 Youth Action, 5701 Normandale Road, Edina, MN 55424 (612) 926 -1851 Storefront/Youth Action proudly presents ... Michael Johnson Saturday February 12 8:00 PM Edina High School 6754 Valley View Rd. Door 5 ... in concert ... a benefit to support counseling ticket information:. services to youth and families ... 926-1851 help celebrate our 10th ANNIVERSARY DOOR PRIZES! STOREFRONT/YOUTH ACTION Administrative Offices 5701 Normandale Road, Edina, MN 55424 (612) 926 -1851 _ MACITY OF "EDINA 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612 - 927 -8861 RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the certain plat entitled "Interlachen Ridge ", platted by Robert A. Corkins and Rosemary T. Corkins, and presented at the regular meeting of the City Council of February 7, 1983, be and is hereby granted final plat approval. ADOPTED this 7th day of February, 1983. STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and Acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution was duly adopted by the Edina City Council at its Regular Meeting of February 7, 1983, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 8th day of February, 1983. Acting City Clerk