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Correspondence SectionLetter from Carver County Sheriff's Office dated December 5,2001. Carver County Sheriff' s Report. Letter to Tamara and Samantha Meuwissen dated December 7, 2001. Letter to Jerry Franklin dated December 17, 2001. LMC 2002 City Policies memo and booklet. Letter from Southwest ColTidor Transportation Coalition dated December 7, 2001. Email to Kate Aanenson dated December 19, 2001. Letter from Minnesota Department of Natural Resources dated December 10, 2001. Letter from the League of Minnesota Cities dated December 10, 2001. Letter to Steven Liefshultz dated December 13, 2001. Memo to Bruce DeJong dated December 12, 2001. Letter to Riley-Purgatory-Bluff Creek Watershed District dated December 17, 2001. Letter from LMC dated December 17, 2001. Letter to James Anderson dated December 14, 2001. Fire Depm~tment Call sheet dated November 26 - December 2, 2001. Fire Department Call sheet dated December 3 - 9, 2001. Fh'e Department Call sheet dated December 10- 16, 2001. Letter to Daryl Kirt dated November 15,2001. Office of County Sheriff ~ Carver County Government Center ~ Justice Center CARVER 600 East Fourth Street COUNTY Chaska, Minnesota 55318-2190 Bud Olson, Sheriff Emergency: 911 Sheriff Admin: (952) 361-1212 Admin. Fax: (952) 361-1229 Dispatch: (952) 361-1231 (Non-Emergency) December 5:, 2001 Ms. Beth Hoiseth Crime Prevention Specialist City of Chanhassen 690 City Center Drive Chanhassen, MN. 55317 Dear M~~setia, 4'-would like to commend you for the excellent work completed in the preparation, formulation, and presentation you orchestrated involving the Robbery Preparedness Seminar held in Chanhassen, Minnesota on December 4, 2001. The material presented was extensive and well researched. The positive reaction from those in attendance confirmed the quality of what you offered. The purpose of the seminar was to inform and enlighten those business owners and managers without causing unnecessary fear. It was not formulated to "scare" those attendees, but rather, inform them of their responsibilities as members of the community and provide suggestions t"or employee and customer safety. To this end, the mission was accomplished! The component of the overall agenda you presented on, Prevention and Preparedness," was done so within a foundation of professionalism, yet with a style of delivery founded on a personal and genuine concern. Thank you for your commitment and continual support of projects such as this one. We look forward in presenting similar topics of interest to the citizens of Chanhassen in future joint ventures. Most sincerely, Chief Deputy Cc: Todd Gerhardt, City Administrator Affirmative Actiotb/Equal Opportunity Employer Printed on 10% Post-Consumer Recycled Paper DO. CITY OF CHANHAS SEN CITY REPORTS O~ce of County Sheriff ~ Car-,.,er Count',' Government Ccnre: ~ Justice Center . CARVER 600 Ea ,t S reet COUNTY Chaska, Minnesota 55318-2[90 Bud Olson, Sheriff Emergency: 911 SheriffAdmin: (952'~ 36t-12i2 Admin. Fax: (952) 36t-1229 Dispatch: (952) 36i-1231 (Non-Emergency) Listed below is a description of each of the different classification of calls for service which the Carver County Sheriff's Office received and processed for your area. Criminal Assault Burglary Drug Violation Homicide Traffic/Alcohol Misc. Criminal Property Damage Robbery Sex Crime Theft Theft Related Vehicle Theft Non-Criminal Disturb Peace/Privacy Misc. Non Criminal Lock out Alarm Domestic Missing Persons/Runaway Animal Medical House/Business Check Assist other Agency Fire Call Prowler Mental Health Civil Process Transport Warrant Service Boat and Water Snowmobile Gun Permit/Acquire Gun Permit/Cam; Lock Post Office Suspicious Activity Open door Auto Accd-Prop Damage Auto Accd-Inj ur'y Auto Accd -Fatal Traffic Special Traffic Altercation between parties where actual physical harm occurred Breaking into a residence or business All drug violations, possession of, sale of, manufacture of or under the influence of. Taking of a persons life Traffic stops or accidents involving a dr/ver under the influence Minor offenses which include order of protection violations, warrant service, threats and harassment, tobacco violations. All damage to property including vandalism' and trespassing on property Taking of property in the presence of another with use of force Rape, sexual abuse, indecent exposure and pornography Taking of property' Credit card fraud, issuance of bad checks, counterfeiting, theft by swindle Theft of a motor vehicle Noise, harassing phone calls, Citizen assists, lost and found property, general law enforcement questions, civil matters, delivery of council packets, juvenile disciplinary problems etc. Unlock doors of automobiles, residences or businesses for owners Checking on an alarm at a private residence or business. Verbal argument between parties Juvenile runaways or missing persons Animal bites, stray animals Assist persons with medical issues, natural cause deaths Check on houses or businesses when owners are away from property Assist other law enforcement offices; state patrol or government departments Fires and assist fire departments Person on property who does not belong Suicides, 72 hr holds for mental health issues. Service of civil papers, assist with civil stand by situations Transport persons for various reasons Service a warrant for Carver County and other counties All incidents involving boats or lakes All incidents involving snowmobile Issuance ora permit to purchase a handgun Issuance ora permit to carry a handgun Deputies lock post off'ice buildings Suspicious persons, acts or vehicles Locating an open door to a business Auto accident when only property damage occurred Auto accident when injury, and property damage occurred Auto accident in which a fatality occurred Ail traffic stops and calls, stalled vehicles, debris on the roadway Radar wagon, special traffic details Affirmative Action/Equal .OpportuniO, Employer CARVER COUNTY SHERIFF'S OFFICE AREA REPORT FOR CITY OF CHANHASSEN CALLS FOR SERVICE FOR MONTH OF NOVEMBER 2001 2001 2000 2000 MONTHLY Y'I-D MONTHLY YTD CRIMINAL Assault I 41 0 48 - Burglary 3 39 7 39 Drug Violation 2 27 2 24 Homcide 0 0 0 0 Traffic/Alcohol 12 149 5 137 , Misc. Criminal 18 235. 12 289 ,Property Damage 40 327 48 439 Robbery 0 5 0 2 Sex Crime 3 15 0 22 Theft 30 406 38 405 Theft/Related 6 31 3 21 Vehicle Theft 3 25 0 16 TOTAL CRIMINAL 118 1300 115 1442 NON-CRIMINAL Disturb Peace/Privacy 31 455 31 398 Misc/Non criminal 44 691 53 640 Lock out 43 569 66 534 Alarm 53 834 72 815 Domestic 9 131 3 93 Missing Person/Runaways 10 76 8 102 Child Abuse/Neglect 0 45 I 51 Motorist Assist 25 312 35 230 Animal 33 379 19 373 Medical 27 414 37 411 House/Business Check 4 29 3 39 Assist other Agency 11 74 10 93 Fire Call 18 242 18 243 Prowler 3 13 2 35 Mental Health 3 38 2 34 Civil Process 0 2 0 2 Transport I 6 0 24 Warrant Service 2 43 1 20 Boat & Water 0 51 1 37 Snowmobile 3 23 0 0 Gun Permit/Acquire 9 111 3 75 Gun Permit/Carry I 5 0 5 Lock Post Office 0 0 0 0 Suspicious Activity 75 819 46 584 Open Door I 22 I 14 Auto Accd- Prop Dam 55 479 58 451 Auto Accd - Injury 8 92 10 93 Fatal Auto Accd I 2 0 0 Traffic 187 2396 121 1387 Special Traffic 5 56 0 0 TOTAL NON-CRIM 662 8409 601 6783 ITOTAL REPORTED I 780 I 9709 I 716 I 8225 0 > o >.. C OF 690 CiO, O, ter Dr~.~ Cha~hasse,, Mi,,esota 55317 P/:Oll~ 952.93Z1900 O,eral Fax 952.93~5739 ~,gi, eerhtg Departme, t Fax 952.93~9152 Bnildi,g Depa;~me,t Fax 952934.2524 IlFb Site December 7,2001 Tamara and Samantha Meuwissen 8695 Flamingo Drive Chanhassen, MN 55317 Dear Tamara and Samantha: Thank you for your letter concerning Power Hill Park. I am pleased to hear that you enjoy the sledding hill. I think your idea of lighting the hill would certainly benefit sliders and snow boarders, but I also know that a number of residents would be strongly opposed to a proposal to install recreational lighting at this sight. I do not have the ability to complete any such improvements without the direction of the City Council. I will forward your letter to the Council members letting them know of your desire. The Park and Recreation Commission, acting as an advisory commission to the Council, will also receive a copy of your letter. If you would like to talk to either of these groups, I recommend you attend their meetings. The City Council meets on the second and fourth Mondays of the month at 7:00 p.m., and the Park and Recreation Commission meets on the fourth Tuesday of each month at 7:30 p.m. Both these groups would welcome you in the City Council Chambers. Again, thanks for writing! Sincerely, Todd Hoffman Park & Recreation Director c: Todd Gerhardt, City Manager Mayor & City Council Park & Recreation Commission The On, of Cha,hasse,. A .~rou,i,r to,mm,itl' u.it/~ c/e,m lakes, aua/in, Dear, Todd Hoffman My friends and I love to go snowboarding and sledding on Power Hill Park and so do many other people. Anyway's since it get's dark around 5:00 1 was wondering if you could put in some lights down the hill so we can see things much easier. Maybe 3 or 4 lights going down the hill on each side. To turn them on we could have an electrical box with a button to turn them on, and a timer that tums them off at 10:00. Just an idea, please write back if you can. Scincerely, Tamara and, Samantha Meuwissen OEO 0 4 2001 ' IU I"'. CITY OF CHAH, ,ASScN flTYOF CH SEN 6PO City Center Drive ?0 Box I47 Chad2assen, Minnesota 55317 2ho?le f152.f13Z I flO0 General F~ 952.f13Z 573fl &~gine~'ing Depar,~ent F~ 952.93Z9152 Buildi~g Departmem F~: 952934.2524 I~b Site www. ci.&a,h<,so~. ,m. us December 17, 2001 CERTIFIED Mr. Jerry Franklin 7363 175th Avenue Northwest Ramsey, MN 55303-3038 Re: 1501 Flying Cloud Drive, Chanhassen, MN 55317 Violations of City Code Dear Mr. Franklin: This letter is to inform you of code violations on your property in Chanhassen. In November, I noticed that a teepee had been constructed on your property. On December 3, 2001, Bob Generous and I visited the site and observed that the teepee was being used for human habitation. The construction of and habitation of this structure is a violation of Chanhassen City Ordinance and the Minnesota State Building Code. As you may recall, I sent you a letter dated January 25, 2000 (enclosed) advising you that the construction of a teepee on your property was not permitted. Therefore, the teepee must be removed by January 14, 2002. If you fail to comply with this request, this matter ~vill be turned over to the City Attorney's Office for immediate action. Please call me at 952-227'1199 to discuss any questions you may have. Sincerely, Building Official Enclosure: Letter to Mr. Franklin dated January 25, 2000 pc: Kate Aanenson, Community Development Director Bob Generous, Senior Planner Sgt. Dave Potts, Carver County Sheriff's Dept. Elliot Knetsch, City Attorney Property file: 1501 Flying Cloud Drive g:ksafety\st\1501flyingcldr4 L League of Minnesota Cities 145 University Avenue West, St. Pa~l, M~ 55103-2044 Phone: (651) 281-1200 ° (800) 925.1122 TDD (651) 281-1290 LMC Fax: (651) 281-1299 o LMCIT Fax: (651) 281-1298 Web Site: http://www.lrnnc.org December 10, 2001 TO: City Administrator/Manager/Clerk FROM: Gary Carlson Director, Intergovernmental Relations 2002 City Policies Enclosed is a copy of the f'maI 2002 League of Minnesota Cities'legislative policies as amended and approved by the membership at the November Policy Adoption Conference. I would like to personally thank each city official who dedicated a significant amount of their summer and fall schedules to the LMC's policy development process. Their input was instrumental in shaping and directing the LMC's legislative agenda. The LMC's IGR staff will begin the process of drafting these policies into legislation for the upcoming session. However, simply drafting and introducing legislation will not guarantee that our concerns will be addressed. During the session, we may call upon you to testify or contact your legislators on issues of concern to cities. Although your LMC Intergovernmental Relations staff will work hard to represent city interests during the session, our greatest strength is you and your continued involvement. If you have any questions, comments, or need assistance on these issues, please feel free to contact any member of the LMC's Intergovernmental Relations Department. GNC:lp Enc. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER League of Minnesota Cities 2002 City Policies' For legislative and administrative action Adopted November ~ 6~ 200~ Li League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 Fax (651) 281-1299 TDD (651) 281-1290 www. Imnc.org MINNESOTA CITIES Building Quality Communities CONTENTS League Staff ........................................................................................................................ iv Legislative Policy Committee Members .............................................................................. v ?olicy Development Process ................................................................................................ vii General Policy Statement ..................................................................................................... viii Statement of Intent .............................................................................................................. viii Building Quality Communities Guideline ................................................... ix 2002 CITY POLICIES Improving Fiscal Futures ................................................................................... 1 FF-1. FF-2. FF-3. FF-4. FF-5. FF-6. FF-7. FF-8. FF-9. FF-10. FF-11. FF-12. FF-13. FF-14. FF-15. FF-16. FF-17. FF-18. FF-19. State-Local Fiscal Relations ................................................................................. 1 State Shared Revenues ......................................................................................... I Taxation of Municipal Bond Interest ................................................................... 2 City Fiscal Year ................................................................................................... 2 Sales Tax on Local Government Purchases ......................................................... 2 Payments.for Services to Tax-Exempt Property .................................................. 3 Truth-in-Taxation Process ................................................................................... 3 State Administrative Deductions from State Aid ................................................. 3 Reporting Requirements ....................................................................................... 3 Federal Budget Cutbacks ...................................................................................... 3 Price of Government ............................................................................................. 4 Impact Fees ........................................................................................................... 4 Delayed Assessments for Roads .......................................................................... 4 Taxation of Electronic Commerce ....................................................................... 5 Limited Market Value ........................................................................................... 5 State Charges for Administrative Services .......................................................... 5 Levy Limits ........................................................................................................... 5 Reverse Referendum ............................................................................................. 6 City Revenue Diversification ................................................................................ 6 Improving Local Economies ........................................................................ 6 LE-1. LE-2. LE-3. LE-4. LE-5. LE-6. LE-7. LE-8. LE-9. LE-10. Growth Management and Annexation ................................................................. 6 Electric Service Extension .................................................................................... 7 Statutory Approval Timelines ............................................................................... 7 Public Infrastructure Utilities ............................................................................... 8 Development Fee Disputes .................................................................................. 8 Housing ................................................................................................................ 8 State and/or County Licensed Residential Facilities ............................................ 9 Inclusionary Housing ........................................................................................... 10 Community Land Trusts ...................................................................................... 11 Municipal Telecommunications Authority .......................................................... 11 2002 City Policies i LE-11. LE-12. LE-13. LE-14. LE-15. LE-16. LE-17. LE-18. LE-19. LE-20. LE-21. LE-22. LE-23. LE-24. LE-25o LE-26. LE-27. LE-28. LE-29. LE-30. State Telecommunications Policy ........................................................................ 11 Right-of-Way Management ................................................................................. 12 Franchising Authority .......................................................................................... 13 Financing Community Reinvestment Efforts ...................................................... 13 Tax Incement Financing (TIF) .............................................................................. 14 TIF Grant Program, Special Deficit, and Pooling Authority ............................... 14 Business Subsidies Minnesota Investment Fund Redevelopment Programs ..................................................................................... 15 Property Tax Abatement Authority ...................................................................... ! 6 Brownfields .......................................................................................................... 16 OSA Response Timelines OSA Time Limitations .......................................................................................... 17 Economic Development Authorities ..................................................................... 18 Workforce Readiness Adequate Funding for Transportation ................................................................... 18 State Aid for Urban Road Systems ....................................................................... 19. Turnbacks of County and State Roads .................................................................. 19 Road Funding for Cities Under 5,000 ................................................................... 19 Railroad-Related Projects .............. . ...................................................................... 19 Improving Service Delivery .......................................................................... 20 SD-1. SD-2. SD-3. SD-4. SD-5. SD-6. SD-7. SD-8. SD-9. SD-10. SD-11. SD-12. SD-13. SD-14. SD-15. SD-16. SD-17. SD-18. SD-19. SD-20. SD-21. $D-22. SD-23. Redesigning and Reinventing Government ......................................................... 20 Unfunded Mandates ............................................................................................. 21 City Costs for Enforcing State and Local Laws ............................................... ' .... 21 Design-Build ...... ,. .......... .. ....................................................................................... 21 Providing Information to Citizens ........................................................................ 22 Construction Codes ............................................................................................... 22 National Fire Protection Association (NFPA) Standards .................................... 23 Fees for Service .................................................................................................... 23 Library Funding .................................................................................................... 24 Civil Liability of Local Governments .................................................................. 24 Private Property Rights and Takings .................................................................... 25 Election Issues Local Election Authority ....................................................................................... 26 Environmental Protection .................................................................................... 26 Sale of Lawn Fertilizers Containing Phosphorus ................................................. 27 Creating a Minnesota GIS Program ..................................................................... 28 State Appropriation for Government Training Service ........................................ 28 Public Safety Spectrum Needs · ............................................................................. 29 Legalization of Fireworks ..................................................................................... 29 911 Funding .......................................................................................................... 29 Racial Profiling .................................................................................................... 30 0.08 DWI CriMNet League of Minnesota Cities SD-24. SD-25. SD-26. SD-27. SD-28. Red Light Cameras .............................................................................................. 31 Misdemeanor Fines .............................................................................................. 32 State Regulation of Massage Therapists ............................................................... 32 On-Sale Liquor and Wine Licenses to Performing Theaters and Cultural Centers ....................................................... 2 ................................ i ........... 32 Youth Access to Alcohol and Tobacco ................................................................. 32 Human Resources & Data Practices ............................................................ 33 Human Resources HR-3. HR-4. HR-5. HR-6. HR-7. HR-8. HR-9. HR-10. HR-11. HR-12. HR-13. HR-14. Preservation of Local Decision-Making Authority on Employment Related Issues.. ...................................................................................................... 33 Veterans' Preference .......................................................................... ; ................... 33 Compensation Limits ............................................................................................ 34 Public Employees Labor Relations Act (PELRA) ................................................ 34 Re-employment Benefits ...................................................................................... 34 Essential Employees ............................................................................................. 34 Pension Benefits ............................................................ . ....................................... 34 Public Employees Retirement Association (PERA) Coordinated Plan Funding Deficiency ............................................................................................... 34 State Paid Police and Fire Medical Insurance ....................................................... 35 Breathalyzers ............................................................ .~ ............................................ 35 Drug and Alcohol Rehabilitation .......................................................................... 35 Health Care Insurance Programs ........................................................................... 35 Electronic Timekeeping ....................................................................................... 35 Volunteer Fire Relief Pension .............................................................................. 35 Data Practices DP- 1. Public Access to Information ................................................................................ 35 DP-2. State Model Policies and Training ........................................................................ 36 DP-3. Tennessen Warning ............................................................................................... 36 DP-4. Violations of Government Data Practices Act ...................................................... 36 Federal Employment Law FED-1 FLSA/Overtime Compensation ' -.-..-..-.-.-.--............................................................ 36 FED-42 Medicare/Medicaid Premium Disbursements ....................................................... 36 Electric Restructuring Adequate Supply and Demand Consumer Protection Environmental Concerns ..................................................................................................... 38 Fair Market Competition ..................................................................................................... 38 Local Authority ................................................................................................................... 38 Stranded Recovery Cost ...................................................................................................... 39 Property Tax ........................................................................................................................ 39 2002 City Policies iii LEAGUE STAFF WORKING WITH STATE AND FEDERAL ISSUES Jim Miller, Executive Director Gary Carlson, Director of Intergovernmental Relations Aid to cities, electric utility restructuring, general revenue sources for cities, pensions, personnel, property tax system, tax increment financing Remi Stone, Senior Intergovernmental Relations Representative Civil liability, construction codes, environment, general government, insurance, labor relations, land use/annexation, personnel, public finance Anne Finn, Intergovernmental Relations Representative Housing, land use/annexation, public safety, transportation and transit Kevin Frazell, Director of Member Services Electric utility restructuring, government innovation and cooperation Andrea Hedtke, Intergovernmental Relations Representative Business subsidies, civil liability and criminal justice, economic development and redevelopment, general government, lawful gambling, liquor, local/tribal relations, tax increment financing Ann Higgins, Intergovernmental Relations Representative Elections and ethics, electric utility restructuring, emergency management, housing, information policy, telecommunications Jennifer O'Rourke, Intergovernmental Relations Liaison General government, general taxation, personnel, unfunded mandates, transportation and transit, legislative listserve and bill tracker manager League of Minnesota Cities Legislative Policy Committee Members Improving Fiscal Futures Improving Local Economies Richard Abraham, City Administrator, Lake City Karen Anderson, Mayor, Minnetonka Bill Barnhart, Intergovernmental Relations, Minneapolis Curt Boganey, City Manager, Brooklyn Park Pat Bom, Finance Director, Minneapolis Laura Brod, Councilmember, New Prague Tom Burt, City Administrator, Rosemount Gino Businaro, Finance Director, Mound Dennis Cavanaugh, Mayor, St. Anthony Jane Chambers, Assistant City Manager, Brooklyn Center Tom Cran, Budget Office, St. Paul Reggie Edwards, City Administrator, Chisago City John Erar, City Administrator, Andover Richard Fursman, City Manager, Maplewood Pat Harris, Councilmember, St. Paul Jeff Haubrich, Assistant Council Adminstrator, Red Wing Terri Heaton, Chief Financial Officer, Bloomington Pat Hentges, City Manager, Mankato Klm Kamper, Acting Administrator, Oak Park Heights Elizabeth Kautz, Mayor, Burnsville James Keinath, City Administrator, Circle Pines Linda Koblick, Councilmember, Minnetonka Tom Lawell, City Administrator, Apple Valley Dean Lotter, City Administrator, Janesville Mary McComber, Councilmember, Oak Park Heights Paul McLaughlin, Councilmember, International Falls Peter Meintsma, Mayor, Crystal Steve Mielke, City Manager, Hopkins David Minke, City Administrator, Princeton Gary Neumann, Assistant Administrator, Rochester Steve Okins, Finance Director, Willmar Tammy Omdal, Finance Department, Minneapolis Roger Peterson, Legislative Affairs Director, Association of Metropolitan Municipalities Douglas Reeder, City Administrator, South St. Paul Michael Rietz, City Administrator, Kasson Michael Robertson, City Administrator, Otsego Ryan Schroeder, City Administrator, Cottage Grove Mark Sievert, City Administrator, Fergus Falls James Smith, Councilmember, Independence Gerald Sorenson, Administrative Services Director, Moorhead David Mark Urbia, City Administrator, Blue Earth Dan Vogt, City Administrator, Brainerd Jim Willis, City Administrator, Inver Grove Heights Rick Wolfsteller, City Administrator, Monticello Brenda Johnson, Chair, Councilmember, Chatfield Jon Hohenstein, Vice Chair, City Administrator, Mahtomedi Margaret Amundson, Committee Administrator St. Paul David Beaudet, Mayor, Oak Park Heights Jerry Bohnsack, City Administrator, New Prague Doug Borglund, City Administrator, Howard Lake Patrick Boylan, Assistant Manager, Lexington Gerald Brever, City Administrator, Staples Jim Brimeyer, Councilmember, St. Louis Park Cathy Busho, Mayor, Rosemount Mike Campbell, Intergovermental Relations Director, St. Paul Kevin Carroll, City Administrator, Carver Tim Cruikshank, City Manager, Anoka Dan Donahue, City Manager, New Hope Michael Eastling, Public Works Director, Richfield Reggie Edwards, City Administrator, Chisago City Karen Elhard, Clerk-Treasurer, Northome Jim Elmquist, City Administrator, Mora Mark Erickson, City Administrator, Lakefield Roger Fraser, City Manager, Blaine Matt Fulton, City Manager, New Brighton Rick Getschow, City Administrator, Lauderdale John Goedeke, Councilmember, Roseville Tom Goodwin, Councilmember, Apple Valley Mary Gover, Councilmember, St. Peter Chuck Groth, Mayor, Fairmont Tom Harmening, Community Development Director, St. Louis Park Desta Hunt, Councilmember, Fergus Falls Marvin Johnson, Mayor, Independence Steven Jones, City Manager, Montevideo Ryan Kaess, Mayor's Office, St. Paul Andrea Hart Kajer, Intergovernmental Relations Director, Minneapolis Patrick Klaers, City Administrator, Elk River Larry Lee, Community Development Director, Bloomington Don Levens, City Administrator, Cokato Marcia Marcoux, Councilmember, Rochester Steve O'Malley, Deputy Manager, Burnsville Samantha Orduno, City Manager, Richfield · Bruce Peterson, Director Planning and Development Services, Willmar Roger Peterson, Legislative Affairs Director, Association of Metropolitan Muncipalities Dale Powers, Councilmember, Clear Lake 2002 City Policies v Gene Ranieri, Executive Director, Association of Metropolitan Municipalities Stephen Sarvi, City Administrator, Victoria Mark Sather, City Manager, White Bear Lake Terry Schneider, Councilmember, Minnetonka Terry Spaeth, Administrative Assistant, Rochester Kathy Thurber, Councilmember, Minneapolis Craig Waldron, City Administrator, Oakdale Jeff Weldon, City Administrator, Redwood Falls Mark Winson, Chief Administrative Officer, Duluth Heather Worthington, City Administrator, Falcon Heights John Young, Jr., Councilmember, Hawley Improving Service Delivery Mark Karnowski, Chair, City Administrator, Lindstrom John Kysylyczyn, Vice Chair, Mayor, Roseville Laurie Ahrens, Assistant City Manager, Plymouth Beverly Aplikowski, Councilmember, Arden Hills Mike Campbell, Intergovernmental Relations Director, St. Paul Pat Crawford, Clerk-Treasurer, Motley Craig Dawson, City Administrator, Shorewood Pam Dmytrenko, Assistant to City Manager, Richfield John Foschi, City Administrator, Proctor Mary Hamann-Roland, Mayor, Apple Valley Tom Hansen, Deputy Manager, Burnsville Joel Hanson, City Administrator, Little Canada Linda Koblick, Councilmember, Minnetonka Barrett Lane, Councilmember, Minneapolis Jan LeSuer, Councilmember, Golden Valley Joe Lynch, City Administrator, Arden Hills Mary McComber, Councilmember, Oak Park Heights Larry Nicholson, Councilmember, Moorhead Desyl Peterson, City Attorney, Minnetonak Gene Ranieri, Executive Director, Association of Metropolitan Municipalities David Senjem, Councilmember, Rochester Kent Torve, Mayor, Loretto Karen Lowery Wagner, Intergovernmental Relations, Minneapolis Rena Weber, Clerk-Treasurer, Waite Park Human Resources & Data Practices Ken Hartung, Chair, City Administrator, Bayport Geralyn Barone, Assistant City Manager, Minnetonka Holly Duffy, Deputy Clerk, Eagan Theresa Goble, Finance Director, Brainerd Terry Haltiner, Labor Relations Manager, St. Paul Bret Heitkamp, City Administrator, Champlin Kay Kuhlmann, Council Administrator, Red Wing Ed Larson, City Manager, Morris Kay McAloney, Human Resources Director, Brooklyn Park Tim Madigan, City Administrator, Faribault Teri Osterman, Clerk-Treasurer, Frazee Givona Reed, Assistant to Administrator, Mounds View Ceil Smith, Assistant to Manager, Edina Jerry Splinter, City Manager, Coon Rapids Todd Torvinen, Finance Director, Duluth Electric Restructuring Ron Jabs, Chair, Mayor, Jordan Bryan Adams, Utility Superintendent, Elk River Karen Baker, State Legislative Analyst, St. Paul Larry Bakken, Councilmember, Golden Valley Jim Brimeyer, Councilmember, St. Louis Park Chuck Canfield, Mayor, Rochester Al Crowser, Utility General Manager, Alexandria Jim Elmquist, City Administrator, Mora Robert Filson, City Administrator, Worthington Del Haag, Councilmember, Buffalo Ken Hartung, City Administrator, Bayport Jeff Haubrich, Assistant to Council Administrator, Red Wing Elizabeth Kautz, Mayor, Burnsville Mark Larson, Administrator-Clerk, Glencoe Rebecca Lau, Management Analyst, Minneapolis Pam Marshall, Energy Cents Coalition, St. Paul Charles Mertensotto, Mayor, Mendota Heights Mike Nitchals, Utilities General Manager, Wilhnar Paul Ostrow, Councilmember, Minneapolis Greg Oxley, MN Municipal Utilities Association, Plymouth Roger Peterson, Legislative Affairs Director, Association of Metropolitan Municipalities John Remkus, Finance Director, West St. Paul Joe Rudberg, City Administrator, Becker Mark Sather, City Manager, White Bear Lake Kathleen Sheran, Coalition of Greater MN Cities, Mankato Jerry Splinter, City Manager, Coon Rapids Jim Willis, City Administrator, Inver Grove Heights Wally Wysopal, City Manager, North St. Paul vi League of Minnesota Cities League of Minnesota Cities Policy Development Process The League's policy development process has taken place over the past Six months. The process began with a member survey of priority issues facing city officials. The process will not end with the Policy Adoption Conference. The committees will schedule additional meetings during the upcoming legislative session to discuss additional issues, develop alternative solutions, and discuss strategies to implement the League's policies. Listed below is a brief chronology of the major events in the policy development process. At each step, members have the oppommity to participate in the development process. April/May The League solicits members for ideas and problems. A survey at the Annual Conference allows members to formally suggest topics. June The League President accepts applications for committees and appoints policy committee members. July August through September October November January through May The policy committees are: Improving Fiscal Futures Improving Local Economies Improving Service Delivery Human Resources and Data Practices' Electric Restructuring Committees meet to discuss issues raised in the member survey. Committees can also form task forces to more thoroughly study specific issues. Task forces can include noncity members with a knowledge of the focus issue. Committees and task forces meet to discuss issues and problems, accept testimony and develop policy statements. The League Board of Directors meets with the chairs of the policy committees to review policies. Policy Adoption Conference. Members have the opportunity to discuss the draft policies, propose changes, and suggest additional policies for member consideration. Legislative session. During the session, the policy committees and task forces will continue to meet on issues and strategies. Members can assist the League's legislative efforts by volunteering to contact legislators on a variety of issues of interest to our cities. 2002 CiO' Policies vii General Policy Statement The League of Minnesota Cities serves as a forum for cities to define common problems and develop .policies and proposals to solve those problems. The League of Minnesota Cities represents 819 of Minnesota's 854 cities as well as 11 urban towns and 29 special districts. All sizes of communities are represented among the League's members (the largest nonmember city has a population of 163) and all regions of the state are represented. The policies that follow are directed at specific city issues. Two principles guide the development of all League policies: There is a need for a governmental system that allows flexibility and authority for cities to meet the challenges of governing and providing citizens with services while at the same time protecting cities from unfunded or underfunded mandates, liability or other financial risk, and restrictions on local control; and, 2. The financial and technical requirements for governing and providing services necessitate a continuing and strengthened partnership with federal, state, and local governments. This partnership, particularly in the areas of finance, development, housing, environment and transportation, is critical for the successful operation of Minnesota's cities and the well-being of residents. Statement of Intent There are many issues affecting the effectiveness of ci. ty government to improve community life, Lmprove the fiscal future and service delivery of city government, and improve the local economy. What follows are statements of the issues facing cities and the League of Minnesota Cities' proposed responses to these issues. These statements of issues and proposed responses form the policy of the League of Minnesota Cities. Additional and alternative responses to those issues may be proposed after the Policy Adoption Conference, and the members of the League authorize its Board of Directors to consider and support additional or alternative responses, if necessary, to resolve the issues identified in this policy statement. viii League of Minnesota Cities GUIDELINE FOR BUILDING QUALITY COMMUNITIES To the greatest extent possible, legislation affecting communities at the state and federal level should enhance, not diminish, the ability of citizens, businesses, and local governments-to work together in parmership to make every community "livable." ISSUE: Cities in Minnesota are at various stages in meeting the goal of being "livable, healthy communities." RESPONSE: The definition of a "livable, healthy community" below will be used to evaluate proposed legislation to determine whether or not it advances the goal of enabling all Minnesota cities to become livable, healthy communities. It should also be used by cities to evaluate their progress toward the goal of becoming livable, healthy communities. A LIVABLE, HEALTHY COMMUNITY IS: WHERE PEOPLE OF ALL AGES · share a core of conunon values including valuing diversity, respect for each other, and good citizenship - feel: * safe * asense of belonging * welcome engage in life-long learning activities that: * promote responsible citizenship * enhance the enjoyment of life * prepare them for changing job markets · participate in the decision-making process with community leaders · celebrate community · want to make their home have access to: * good paying jobs * adequate and affordable housing * choice of efficient transportation systems including transit, pedestrians, and bicycles * gathering places * desired information 2002 City Policies ix * choice of cultural and recreational activities * affordable goods and services, including health care are involved in the nurturing of youth · care about their homes, community, and the environment · get to know each other · have the benefit of strong family support and nurturing adults WHERE LOCAL GOVERNMENT · is responsive to the needs of its citizens · is actively supported by enthusiastic volunteers · is open and user friendly · encourages and implements cooperation and collaboration · provides and maintains an adequate physical infrastructure and promotes social infrastructure to meet local needs · educates citizens of all ages on local, regional, and state issues and government processes · informs and communicates with citizens to foster participation in public policy decision-making · participates in youth development League of Minnesota Cities 2002 CITY POLICIES IMPROVING FISCAL FUTURES FF-1. State-Local Fiscal Relations Issue: The governor and Legislature enacted major changes to Minnesota's state and local government finance system in 2001. The elimination of the general education property tax levy will provide tax relief to all properties. Additional relief is targeted to business, apartment, and higher- valued residential property through class rate compression. Lower-valued homes will receive a new market value homestead credit. Property tax levies for transit are replaced with state aid. The state will levy a property tax on business and cabin property, reducing the tax relief for those types of property. Levy limits will be in place for two years for cities over 2,500 in population and for all counties. bill increases state aid to some cities and the combined impact of the tax bill will reduce taxes for homes more than most other types of properties. Resp'onse: In an effort to clearly outline and understand the implications of the 2001 tax bill, to remedy existing problems, and to avoid potential, unintended consequences of additional property tax changes, the Legislature should avoid enacting any major changes to the current system. The League supports a comprehensive review, analysis, and educational effort of the combined impacts of the 2001 tax bill, property tax changes since 1997, and changes in economic circumstances for taxpayers and governments. Homestead and Agricultural Credit Aid (HACA) was eliminated. Local Government Aid (LGA) to cities was increased and the formula was revised. The 2001 Legislature reduced state aid to cities by $60 million, although some cities will receive increases and others will see reductions in state aid. The governor and Legislature made changes in state aid programs in an attempt to distribute property mx relief more equitably statewide. Proponents of the tax bill claim the property tax will now be more of a local tax. However, under the tax bill, the state will levy a property tax for the first time since 1968, and the state will maintain control over city levies through levy limits. Pro- ponents also claim that since cities will be more reliant on the property tax and because tax increases will fall more heavily on homestead property, cities will be more accountable to taxpayers. However, the tax FF-2. State Shared Revenues Issue: The state's system of-sharing revenues with local units of government addresses many problems with a system that relies solely on local property taxes. First, the property tax base available to communities can vary dramatically. State revenue sharing programs use state re- sources to equalize the ability of com- munities to pro-vide essential services with- out undue property tax burdens for local ' residents. Second, nonresidents and tax-exempt entities benefit from local services or create additional demands for services without contributing to the property taxes that support these services. LGA helps address the problem where nonpaying entities consume services without'contributing to the local tax base. 2002 City Policies 1 Third, allowing local units of government in Minnesota to levy only the property tax has created an over-reliance on the property tax. LGA can reduce the overall reliance of local governments on the property tax. Although historically the Legislature has supported LGA, the 1981 Legislature reduced the number of LGA and HACA payments and the 1986 Legislature delayed the payments. Under current law, the first payment of LGA is made in July--fully seven months into each city's fiscal year. These changes have created cash flow problems for some cities. In addition, 0past Legislatures have reduced state aid to cities including a net $60 million reduction enacted in 2001, which included the elimination of HACA and changes to the LGA formula and appropriation. The 2001 Legislature also set aside $14 million into an LGA reform account in preparation for future review and modifications to the LGA system. Res£onse: If changes are considered, the LGA system must: · Reduce tax burden disparities among communities and bet3veen cities and adjacent townships; · Compensate cities and their taxpayers for overburden and tax exempt property; and, · Compensate for state imposed mandates. FF-3. Taxation of Municipal Bond Interest Issue: The state law that grants a ~x exemption for municipal bond interest lowers borrowing costs for cities and re- duces property tax levies. Response: The state should maintain the tax exemption for municipal bond interest income. FF-4. City Fiscal Year Issue: The fiscal year for cities and counties currently corresponds to the property tax cycle. Response: The state should maintain current law and not change the city fiscal year to coincide with the state fiscal year. FF-5. Sales Tax on Local Gov- ernment Purchases Issue: In 1992 when the state was experiencing a budget shortfall, the Legislature repealed the sales tax exemption for local government purchases. Local governments now pay state sales tax on purchases like road maintenance supplies and equipment, wastewater treatment facilities, and some public safety equipment. This tax currently costs local property tax- payers and ratepayers an estimated $100 million annually. In addition, proposals to extend the sales tax to services would have the effect of increasing local government costs and property taxes. Because no additional state aids were added to offset the additional cost, this repeal has effectively increased local property taxes to finance state operations. Response: The state should re- instate the sales tax exemption for all local government purchases. The ex- emption must not be coupled with cuts in LGA. 2 League of Minnesota Cities FF-6. Payments for Services to Tax-Exempt Property Issue: Taxable property in many cities is being acquired by nonprofit and government entities. Converting the prop- erty to tax-exempt status can lead to serious tax base erosion without any corresponding reduction in the service needs created by the property. Response: Cities should have the authority to collect payments from statutorily exempt property owners to cover costs of service as cities have with special assessments. FF-7. Truth-in-Taxation Process FF-8. State Administrative Deductions from State Aid Issue: State administrative costs are deducted from the LGA appropriation. This reduces the property tax relief provided by LGA and creates hidden appropriations for state agencies. Response: All appropriations from LGA resources that fund state operations should be repealed. FF-9. Reporting Requirements Issue: Budget and financial reporting requirements imposed on cities by the state often result in duplication and additional costs. Issue: Cities must set a preliminary levy by Sept. 15, which, by law, becomes the maximum that cities can levy the following year. In recent years, cities have not received complete tax base and aid information in a timely manner. As a result, cities often either set a preliminary levy that is artificially high or they are unable to budget for unforeseen needs that arise after SepL 15. Response: The League supports changes to the Truth-in-Taxation process to provide more meaningful information to citizens, including the exemptions enacted in 2001 for cities that propose levy increases less than the implicit price deflators. However, this calculation should account for the impact of state aid cuts on proposed levies. Cities should have the authority to increase the final levy from the preliminary levy to meet unforeseen and uncontrollable needs. Response: Requirements for reporting and advertising f'mancial and budget information should be carefully weighed to balance the validity of the state's need for additional information with the costs and burdens of compiling and submitting this information. In addition, all state agencies should be aware of the information already re- quired by others to avoid duplication of reporting requirements. FF-10. Federal Budget Cutbacks Issue: Congressional budget actions or devolution of program responsibilities may place fiscal burdens on the state and on local governments. Response: The state should not reduce aids or increase fees to local governments as a means for dealing with cutbacks in federal revenues. The state should take responsibility for reductions in federal revenues, rather than placing 2002 City Policies 3 the burden on cities and on their property taxpayers. FF-il. Price of Government Issue: The price of government legislation enacted in 1994 was intended to measure the overall effect of state and local taxation over a long period of time. The targets measure government revenues as a percent of personal income. Unfortunately, the targets have been misinterpreted and used unfairly to criticize city tax and budget decisions. authorization to impose fees on new development for water, sanitary and storm sewer, and park purposes, it is reasonable to extend the concept to additional public infrastructure and facilities improvement also necessitated by new development. 'Response: The Legislature should authorize cities to impose impact fees so new development pays its fair share of the off-site, as well as the on-site costs of public infrastructure and other public facilities needed to adequately serve new development. Response: The price of government statutes, as they apply to local govern- ments, should be repealed. If the price of government law is to continue to be applied to local governments, price of government calculations should be based on the sum of levy and state aid, not just levy, and based on long-term trends, not single-year events. FF-12. Impact Fees Issue: New development and the resulting growth create an increased demand for public infrastructure and other public facilities. Severe constraints on local fiscal resources and dramatic forecasts for pop- ulation growth have prompted cities to critically reconsider ways to pay for the inevitable costs associated with new de- velopment. Traditional financing methods tend to subsidize new development at the expense of the existing community, dis- courage sound land use planning, place inefficient pressures on public facilities, and allow under utilization of existing infrastructure. Consequently, local com- munities are exploring methods to ensure new development pays its fair share of the true costs of growth. Given the existing FF-13. Delayed Assessments for Roads Issue: Current law allows a city to recoup the costs for water, storm sewer, or sanitary sewer improvements by levying additional assessments on the property benefiting from the improvement, but not previously assessed. This authority for delayed assessment has not been extended to other infrastructure, such as road im- provements, even though properties are benefiting from the improvements. Response: Cities should be allowed to delay assessments against property located outside the city for road improve- ments benefiting property abutting.the improvement but not previously assessed for the improvement. For example, if a city makes improvements to a road that benefits city residents and township residents, the city should be able to re- cover costs through future assessments to the township property when the property is brought into the city. Once the town- ship property is brought into the city, the city would then be able to assess that property for road improvements pre- League of Minnesota Cities viously done but not assessed at the time of the improvements. FF-14. Taxation of Electronic Commerce Issue: Sales over the Internet and through other electronic means are projected to increase exponentially over the next several years. Electronic transactions pose significant tax policy challenges because of the difficulty of assigning a location to electronic sales, and because many Internet goods are not tangible property. Response: Federal tax policy should not place main street businesses at a competitive disadvantage to electronic retailers, must not jeopardize repayment of bonds backed by state and local sales tax revenues, and should ensure stability in state and local revenues. To address the challenges created by the growth of e-commerce, the League supports the multi-state effort to develop a streamlined sales tax system. FF-15. Limited Market Value Issue: The2001 Legislature enacted a phase-out of the state's limited market value (LMV) system. Under limited market value, homeowners and cabin owners who experience rapid escalation in their prop- erty's value effectively have a temporary exemption of taxes on a portion of that growth. This exemption has grown rapidly over the past several years and now shifts substantial property tax burdens to other types of property. On the other hand, a rapid phase-out of the program could dramatically shift tax burdens back to homes and cabins. Response: The Legislature should closely monitor the effects of the phase- out of LMV to avoid excessive tax burden increases for currently benefiting prop- erties. If the phase-out schedule results in excessive tax increases, the Legislature should increase funding for the targeting program, which will buffer the tax burden increases. FF-16. State Charges for Admin- istrative Services Issue: Currently, some state agencies have wide discretion in setting the fees for special services they provide to local governments. For example, the Minnesota Department of Revenue recently increased the fee for administering local sales taxes by 80 percent in the middle of a budget year with less than six weeks notice. The increase had no apparent relationship to the cost of providing the service. Response: State agencies should be required to demonstrate the need for increases in service fees, and should give adequate notice of increases to allow local governments to budget for the increases. State agencies should set administrative service fees as close as possible to the marginal cost of providing the service. Local government should be given the option to self-administer or contract with the private sector for the service if the state cannot provide the service at a reasonable cost. FF-17. Levy Limits Issue: As a part of the 2001 omnibus tax bill, the Legislature enacted levy limits for cities over 2,500 population for two years. Although the levy limit formula provides some growth for local budgets, levy limits replace local account- ability with a state judgment about the 2002 City Policies 5 appropriate level of local taxation and ultimately local services. Two of the stated goals of advocates of the 2001 tax bill were to make the prop- erty tax more of a local tax and to increase local accountability for the property tax. However, levy limits clearly violate these goals by involving the state in local budget decisions. Response: City councils must be allowed to decide how to respond to community needs. The League supports the immediate repeal of levy limits. FF-18. Reverse Referendum Issue: Proposals to impose a reverse referendum requirement on municipal prop- erty tax increases would diminish the ability of elected local officials to respond to the needs of their community. In addition, the reverse referendum proposals that have been recently offered would disrupt the local budget process by potentially requiring a public referendum in late January, nearly one month into the city's fiscal year. Response: The League supports the principle of representative democracy and opposes reverse referendum requirements. FF-19. City Revenue Diversification Issue: Under current state law, the property tax is the only generally accessible form of local tax revenue for cities. Recent retrenchment in state aid programs will likely increase city reliance on property taxes in the future. Allowing cities to diversify their revenue stream would prevent rapid rises in property taxes. Response: Cities should be able to diversify their sources of tax revenues. IMPROVING LOCAL ECONOMIES LE-1. Growth Management and Annexation Issue: Unplanned and uncontrolled urban growth has a negative environmental, fiscal, and governmental impact on cities, counties, and state governments because it increases the cost of providing government services, and results in the loss of natural resource areas and prime agricultural land. Response: The League believes the existing framework for guiding growth and development primarily through local l~lans and controls adopted by local ~overnments should form the basis of a statewide planning policy and that the state should not adopt a mandatory comprehensive statewide planning process. Rather, the state should: · Provide additional financial and technical assistance to local governments for cooperative planning and growth management issues, particularly where new comprehensive plans have been mandated by the Legislature; · Clearly establish the public purposes served by existing statewide controls such as shore land zoning and wet- lands conservation; clarify, simplify, and streamline these controls; elimin- ate duplication in their administra- League of Minnesota Cities tion; and fully defend and hold harm- less any local government sued for a "taking" as a result of executing state land use policies; Give cities broader authority to ex- tend their zoning, subdivision, and other land use controls up to two miles outside the city's boundaries, regard- less of the existence of county or township controls, to ensure conform- ance with city facilities and services; · Clearly define and differentiate between urban and rural development and restrict urban growth outside city boundaries; · Facilitate the annexation of urban land to cities by amending state statutes that regulate annexation to make it easier for cities to annex developed or deVeloping land within unincorporated areas; · Oppose legislation that would re- instate the election requirement in contested annexations; and · Encourage ideas consistent with the long-term goal of allowing urban development only in urban areas. Density incentives such as sprawl reduction aid programs are more straightforward methods of rewarding and encouraging compact urban development than using LGA or HACA for another new purpose. LE-2. Electric Service Extension Issue: Minnesota law currently protects the right of municipally-owned utilities to extend electric services to annexed areas. Electric cooperatives have announced their intention to seek legislation that would eliminate the right of munic- ipally-owned utilities to extend electric services to annexed areas. Eliminating the authority to extend services would interfere with cities' natural growth and with the ability of municipally-owned utilities to serve the entire community. Response: The League opposes any statutory change that would impede or eliminate the ability of municipally- owned utilities to extend electric services to any portion of their respective cities, including annexed areas. LE-3. Statutory Approval Timelines Isst~e: Since 1995, cities have been required to act on written requests relating to zoning, septic systems, the expansion of Metropolitan Urban Service Areas (MUSA) and other land use applications in accord- ance to a statutory time period generally referred to as the 60-day rule. Pursuant to Minn. Stat. § 15.99 state and local govern- ment agencies must approve or deny a permit within a statutory time frame, and failure by the agency to issue a specific denial of the application with contempor- aneous written findings of fact shall be deemed an approval. Recent court decisions have made it clear the law needs to be clarified making it more efficient and to assist cities in providing accurate and timely responses to applicants. Response: The Legislature should amend Minn. Stat. § 15.99: · To allow government agencies to provide final written findings of fact at the next official meeting of the governing body. · To allow an automatic 60-day extension of the time limit if the agency votes down a resolution 2002 City Policies 7 granting the request, but does not vote on a resolution denying the request. · To make clear the 60-day time limit begins at the point when a formal complete written application is received on forms provided by the city with appropriate additional supporting documents and including the payment of fees if necessary. · To increase the initial time limit to 90 days for municipalities with less than 5,000 population. LE-4. Public Infrastructure Utilities Issue: Current infrastructure funding options available to cities are inadequate. Existing special assessment law, Chapter 429, does not meet cities' financing needs because of the benefit requirement. The law requires a minimum of 20 percent of such a project to be specially assessed against affected properties. In practice, however, proof of increased property value to this degree of benefit can rarely be proven from regular repair or replacement of existing infrastructure, such as streets or sidewalks. Alternatives to the Chapter 429 methods for financing infrastructure improvements are nearly nonexistent. The Legislature has given cities the authority to operate utilities for waterworks, sanitary sewers, and storm sewers. The storm sewer authority, established in 1983, set the precedent for a workable process of charging a use fee on a utility bill for a city service infrastructure that is of value to all those in a city. Similar to the storm sewer authority, a transportation or sidewalk utility would use technical, well-founded measure- ments, and would equitably distribute the costs of local infrastructure services. Response: The Legislature should authorize cities to create, as a local option, additional utilities such as a transportation or sidewalk utility. Such authority would acknoWledge: the effects of repeated levy limits and the general funding shift from the state to local governments for building and maintain- ing necessary infrastructure; the benefits to all taxpayers of a properly maintained public infrastructure; and the limitations of existing special assessment authority. LE-5. Development Fee Disputes Issue: State law is clear that fees collected under Minn. Stat. § 462 are eligible for judicial review in the event a dispute over the fee arises. The law is not clear what notice requirements to the municipality are necessary relative to the timing for an aggrieved person to seek review. Response: The Legislature should amend Minn. Stat. § 462.361 to establish a 60-day time limitation in which an aggrieved person may bring an action against the municipality. LE-6. Housing Issue: The roles of federal and state government in the provision of affordable housing have emerged as critical issues as cities respond to the critical lack of both rental and single-family housing for those who are currently priced out of the market. The federal government has largely removed itself from its previous role in providing direct funding and subsidies for housing production. State government has used one- time housing appropriation increases, in- cluding directing federal welfare reform and increased federal tax-exempt bond funding to increase construction of low-income 8 League of Minnesota Cities rental and entry-level owner-occupied housing; enacted substantial apartment property tax relief; increased funding for homeless prevention and services; and threatened to impose restrictions on local land use authority in order to create con- ditions in which cities would make more affordable housing available. Response: Federal and state levels of government have critical roles to play in assisting local units of government to meet the challenge of increasing the production and access to affordable rental and entry-level single family housing. The League recommends the following actions: Cities, as well as the governor and the state Legislature, should use every means at their disposal, including memorializing resolutions, public forums, citizen action committees, and press coverage, to alert members of the Minnesota Congressional Dele- gation to the critical housing problems facing communities throughout the state. The state Legislature must raise the level of permanent funding for affordable housing production by increasing the base budget of the Minnesota Housing Finance Agency to equal 20 percent of the agency's current biennial spending, and undertake the following initiatives:' 1. Leverage federal and state housing investments from non-state sources, such as the Economic Development & Challenge Grant Program; 2. Exempt construction supplies and materials used to construct afford- able new or rehabilitated housing from the state sales tax; 3. Grant an exemption from the state mortgage and registry deed tax to public agencies and developers who agree to produce affordable housing; 4. Create a state affordable housing tax credit; 5. Continue funding to preserve fed- erally subsidized housing that is threatened by mortgage prepay- ments; 6. Make permanent the policy of not deducting from the MFIP monthly grant either the public housing or Section 8 support payments to individuals or families. Federal and state government must respond to the urgent need for more coordination and sharing of financial resources among numerous agencies that assist homeless individuals and families to develop continuum of care plans and increase the supply of permanent supportive and assisted housing, including single room occupancy (SRO) units. LE-7. State and/or County Licensed Residential Facilities (group homes) Issue: As the need for more residential-based care facilities increases, sufficient fimding is also needed to ensure residents living in group homes and licensed facilities have appropriate care and super- vision. In view of cities' responsibilities to accommodate group homes and residential- based facilities, it is important state and county government work with local officials to address residential care and public safety issues. Cities have reasonable concerns for 2002 City Policies 9 special care necessary for group home resi- dents, particularly in case of public safety emergencies. Since operators of certain residential facilities and services are not required to notify cities when they intend to purchase housing for group homes, cities do not have opportunity to raise concerns and requirements regarding the special care and public safety measures these residences may expect. Response: The Legislature should provide sufficient funding for such residential-based services and require state and county agencies that manage those facilities or companies licensed to operate group homes to notify cities in a timely manner when licensed facility operators request to operate such facilities or to renew their license and allow cities to require such agencies and licensed operators to identify and take appropriate measures to respond to the special care residents need in case of emergencies. Legislation should also require establishment of nonconcentration standards for state or county-issued requests for proposals (RFPs) and direction to avoid clustering residential facilities. Licensing authorities must also be responsible for removing any residents incapable of living in such an environ- ment, particularly if they become a danger to themselves or others. LE-8. Inclusionary Housing Issue: Housing advocates and developers have pointed to local zoning and land use regulations as a source of increased housing construction costs. Steeply rising land prices, building materials, and labor costs as well as the imbalance in the supply and demand for affordable housing account for a far greater proportion of the problem. Cities responded to these challenges and have drafted ordinances that would require developers to include affordable units in their development in return for regulatory relief. Cities have also urged both the Attorney General and the Legislature to clarify local authority to enact such local requirements. Instead, the 2001 Legislature attempted to mandate that cities grant developers specific regulatory relief, inclu- ding density bonuses, in return for including affordable units in their projects. In the end, the Legislature agreed to consider recom- mendations on these issues in the 2002 session. Response: The League will monitor and participate in the develop- ment of recommendations by the Office of State Planning and the Minnesota Housing Finance Agency on how to encourage development of inclusionary housing for a range of incomes and urge them to consider supporting the following: Establish a state inclusionary policy that strengthens cities authority to carry out policies that offer developers a range of incentives in return for including a designated number of affordable units in their projects; Identify strategies that ensure long- term affordability of rental and owner-occupied housing produced as a result of such policies and practices; Focus attention on the local assess- ment of housing needs and direct state resources toward development of both affordable rental units and financing to increase access to entry-level owner-occupied housing; 10 League of Minnesota Cities Oppose restrictions on or removal of the local authority to adopt and carry out land use plans, activities, and regnlations. LE-9. Community Land Trusts Issue: The steeply increasing price of land available for housing development is a growing concern throughout the state. Action is needed to create more permanently affordable owner-occupied housing by max- imizing the cost-effectiveness of taxpayer investments. MHFA had one-time authority to assist cities to fund the establishment of community land trusts for affordable housing. Response: The 2002 Legislature should authorize a land trust capacity- building program to provide gap fi- nancing, interest-rate write-downs, and predevelopment financing, and to cover financial underwriting costs. LE-10. Municipal Telecommunications Authority Issue: Cities clearly recognize the necessity of broadband connections to the Internet and play a key role in assessing local needs, developing plans, and under- taking initiatives to bring advanced tele- commtmications services to their com- munities. In carrying out their role, cities must have the authority and the tools to put in place the necessary infrastructure, educational resources, applications, and skill-sets to become connected communities. Response: State government must recognize that cities play a critical role in enabling communities to take advantage of legislative and other government in- itiatives designed to provide affordable access to broadband services by: · Maintaining cities' express authority to provide advanced telecommuni- cations services either as sole pro- viders or in joint ventures with public or private sector entities; · Defining a strategic leadership role for cities by eliminating barriers to muni- cipal entry; · Supporting the efforts of communities to carry out plans to bring advanced services to local residents and bus- inesses, and encourage collaboration among communities and institutions to expand education, health care, and economic opportunities at the local and regional level; and · Allowing cities and municipal utilities to join with other entities, such as cooperative associations, investor- owned utilities, or other municipal utilities or power agencies to provide telecommunications service. LE-11. State Telecommunications Policy Issue: Since 1999, the state Legis- lature and government agencies have un- successfully sought to make wide-ranging changes to state telecommunications policy to encourage competition and increase access to broadband services. Opposition to these measures makes it apparent that substantial changes to the direction and extent of reform are needed. There may be an oppommity for progress next session in addressing pressing consumer protection and affordability issues. 2002 City Policies 11 Response: The League supports the following measures to address such concerns: · Allow incumbent local service pro- viders to raise rates that have been capped if the provider demonstrates that restructuring measures make it necessary to do so; · Adopt new retail consumer protection measures that allow consumers representing at least 5 percent of the access lines within the local service area to complain directly to the Minnesota Public Utilities Commi- ssion (MPUC) about either current or proposed local telecommunications service rates and authorize state agencies to conduct investigations of those complaints; , · Give the MPUC sufficient authority to intervene if it finds that the local provider market is not protecting consumers; · Require providers to give advance written notice to customers with billings that prominently indicate the notice of changes in terms or conditions or increases in service rates; · Compensate telecommunications service resellers for failure of the local service provider to comply with wholesale quality of service standards; · Consider revenues from state or federal universal service funds when determining whether prices charged for essential local services exceed the cost of providing such service and whether these sources provide revenues in excess of those costs; · Make sure that the impact of technology advances on the cost of providing services is incorporated into 12 state universal service funding for providers in high-cost service areas; Support efforts to expand toll-free local calling areas outside the metro- politan area, where appropriate, if revenues of the local service provider would be sufficient if such expansion took place; and Allow a city to become a local ex- change provider upon approval of the city council and allow the city to offer services beyond city limits upon authorization of the Minnesota Public Utilities Commission. LE-12. Right-of-Way Management Issue: Cities have fundamental responsibility for managing the safe and convenient use of public rights-of-way and hold local rights-of-way in trust for the public as a limited and valuable asset. As demand increases for use of rights-of-way for underground and overhead wireless facilities, cities must continue to have clear authority to allocate and coordinate that resource among competing uses. Local management responsibilities vary and are site specific, underscoring the necessity for maintaining local authority to recover actual management costs and to exercise local zoning and land use regulations. Response: State and federal governments must: · Uphold local authority to manage and protect public rights-of-way, including reasonable zoning and subdivision regulation and the exercise of local police powers; · Recognize municipalities have a paramount role in development, util- ity location, and implementation of construction and safety standards for League of Minnesota Cities underground and overhead wireless facilities; · Support local authority to require full recovery of actual costs of managing use of public rights-of-way; · Allow cities to retain authority to franchise gas, electric, and cable services and to collect franchise fees or alternative revenue streams; · Maintain the courts as the primary forum for resolving disputes over the exercise of such authority; · Uphold the exercise of local land use controls by clarifying that cities have authority to set terms and conditions and regulate where providers of cellular or other wireless services locate facilities in the public right-of- way to protect public safety and provide for convenient public use of such sites; and · Maintain city authority to review and approve or deny installation of additional wires or cables on in-place utility poles. In the alternative, cities should have broader authority to require the undergrounding of new and/or existing services at the cost of the utility or telecommunications entity. LE-13. Franchising Authority Issue: Municipal franchising authority allows municipalities to require cable operators to meet their communities' unique needs and interests including ade- quate customer service standards, valuable public, educational and governmental pro- gramming, and institutional networks for voice, video, and data needs. This fran- chising process, in its current form, works well. However, as technologies converge and expand, municipalities are facing new challenges, such as how to franchise com- petitive cable overbuilders, local exchange carders (LECs) providing video services and open video systems. It is unclear what certain statutory requirements mean and which statutory provisions apply to the different providers. Response: Municipalities must continue to maintain their existing franchise authority over all cable and video services, regardless of the provider. Municipalities need discretion and flex- ibility to work with competitive providers regardless of how they provide the ser- vices, so that the intent of the 1996 Tele- communications Act can be implemented to the maximum extend permitted under Title VI of the federal Communications Act, as amended, and other applicable lasv including the ability to require PEG support, institutional networks, customer service standards, and franchise fees or similar compensation. LE-14. Financing Community Reinvestment Efforts Issue: The 2001 property tax reform package could have a dramatic impact on how the state of Minnesota's community reinvestment needs are addressed. These impacts bring into question the furore via- bility of tax increment financing (TIF) as the primary tool to fund community reinvest- ment efforts. Activities that cities have historically been able to undertake, but will likely be less able to achieve in the future given the likely diminished effectiveness of TIF include: long-term tax base stabili- zation and growth, job creation, develop- ment of low-to-moderate income and workforce housing, remediation of pollution, elimination of blight, recycling and redevel- 2002 City Policies 13 opment of the infrastructure, and redevelop- ment of/ts communities. Response: To ensure Minnesota is able to continue to effectively compete with other states, the Legislature has a responsibility to partner with cities, state agencies, and other community reinvest- ment organizations to develop a statewide community reinvestment strategy and identify and implement additional tools to fund community reinvestment efforts. The state should partner with cities in community reinvestment activities. State acknowledgement of the need for com- munity reinvestment and economic development is essential to the state's prosperity and legislation is needed to generate resources sufficient to address these critical needs at the local level. LE-15. Tax Increment Financing (TIF) Issue: Until the state identifies and implements additional development tools, TIF likely remains the most viable tool available to fired community reinvestment efforts despite the significant impacts of the 2001 property tax reform package. Cities and development authorities will be required to devote considerable efforts in order to understand and address the impacts of the 2001 property tax reform package on exist- Lng TIF districts and potential future projects. Response: So as to not further complicate this process, the Legislature should not enact future TIF law restric- tions during the 2002 legislative session. In order to allow TIF to maintain the effectiveness that remains in the wake of /he 2001 property tax reform package, the Legislature should consider: Authorizing any tax increment districts approved after April 1, 1990, to pool increments in the same manner as districts certified prior to April 1, 1990 for affordable housing and pollution remediation; Expanding the use of tax increment financing to assist in the development of technological infrastructure, transit-oriented development, the restoration of designated historic structures, for nonretail commercial projects, and in nonwetland areas where unstable/nonbuildable soils exist; Exempting redevelopment districts from the five-year rule; and Modifying the housing district income qualification level requirements to allow the levels to vary according to those specific to individual communities. LE-16. TIF Grant Program, Special Deficit, and Pooling Authority Issue: The 2001 Legislature committed significant state resources on an ongoing basis to the TIF Grant Program in order to address the impacts of property tax reform on existing TIF districts. Since the 1997 Legislature began compressing prop- erty tax class rates, the TIF Grant Program has existed to address the resulting impacts on TIF districts. In terms of application to the TIF Grant Program to address impacts from the 1997 through 1999 tax reform efforts, the TIF Grant Program is scheduled to expire in 2002. Some cities that were impacted by the 1997 through 1999 tax reform efforts have not had to go to the TIF Grant Program yet, but will need to access the fund over the next few years. Prior to accessing the TIF Grant Program, cities often explore, and may be legally required to implement, internal solutions to address 14 League of Minnesota Cities the impacts of property tax reform on their existing TIF districts. This can result in TIF Grant Program applications being compara- tively lower in the initial years than the application level in future years. It is possible that the application demand could exceed the available resources in the future. In addition to the TIF Grant Program, the 2001 Legislature implemented new and expanded special deficit and pooling authority and requirements. Response: The Legislature should extend TIF Grant Program eligibility for impacts from the 1997 through 1999 tax reform efforts until those impacts are addressed. If the resources available in the TIF Grant Program become insuffi- cient to meet the application demand, the Legislature should increase the program's funding level. Applications to the Grant Program in the first few years should not be viewed as indicative of future demands on the fund as these may likely increase with time. In order to address any prac- tical difficulties or unintended conse- quences that are discovered, the Legis- lature should act swiftly to make neces- sar3' modifications to the TIF Grant Program, special deficit, and pooling Authority provisions. LE-17. Business Subsidies Issue: Business subsidy grantors are still getting accustomed to the relatively new Business Subsidies Act. The 1999 Business Subsidies Act was clarified and modified during the 2000 legislative session. In order for development agencies to effectively implement the amended law, the law should be allowed to operate without further sub- stantive legislative change. Response: Without thorough study, the Legislature should not make any substantive changes to the 1999 Business Subsidies Act during the 2002 legislative session. LE-18. Minnesota Investment Fund Issue: The Minnesota Investm6nt Fund is not adequately funded. In light of recent legislative action, local governments increasingly do not have an adequate slate of tools to assist job creation and training, redevelop blighted and decaying properties, and provide adequate housing Choices. Consequently, cities are not well equipped to compete nationally and internationally for business development. Response: More state resources should continue to be contributed to the Minnesota Investment Fund. LE-19. Redevelopment Programs Issue: Communities across Min- nesota are faced with unique circumstances of deteriorating, obsolete, and vacant struc- tures in neighborhoods and downtowns and a lack of land for development. Redevelop- ment activities usually require large, up- front funds to address multi-phase projects of extensive duration where site assemblage, demolition, relocation, or pollution cleanup must occur before private-sector interest can be generated. Additionally, deterioration threatens historic structures in cities across the state. While the redevelopment account administered by the Department of Trade and Economic Development is a critical component in establishing a coherent state- wide policy for redevelopment, cities d° not have sufficient tools to utilize in local historic preservation efforts. 2002 City Policies 15 Response: In recognition of the unique needs of redevelopment projects, the state should continue its commitment to reinvest in its communities by increase- lng and committing to permanent base budget funding for the redevelopment account administered by th'e Department of Trade and Economic Development. Additionally, as part of a comprehensive approach to redevelopment needs, the Legislature should consider the state income tax credit legislation pursued by the Preservation Alliance of Minnesota, TIF subdistricts, and other tax incentives for local historic preservation efforts. The Legislature should also enact authority similar to the "This Old House" law that would provide a tax deferral on improve- ments to commercial buildings located in designated rehabilitation or historic preservation districts. LE-20. Property Tax Abatement Authority Issue: In an effort to increase the number of development tools available, the 1997 Legislature authorized local units of government to grant property tax abate- ments. Although TIF continues to be the primary £mancing mechanism for local development projects, tax abatements provide a good addition to a needed list of economic development tools. In order to provide maximum benefits, tax abatements should be less restrictive in terms of funding caps and financing terms. Property tax abatements should not be considered a replacement for tax increment financing. Response: TIF is still the primary viable development tool available for cities. Abatement authority should continue to be available, but not offered as a rationale to eliminate TIF. Addi- 16 tionally, the Legislature should develop a state fund to facilitate state partici- pation in abatement projects. Finally, the funding caps should be increased or eliminated. LE-21. Brownfields Issue: Brownfields are lands unsuitable for development due to the presence of chemical or other contaminants. Brownfields are a major cause of blight within communities across the state through loss of local tax base, jobs, housing quality, public safety, and community confidence. Revitalizing this land is costly and requires the cooperation of city, county, school, regional, state, and federal governments and the assistance of local economic develop- ment organizations and citizens. As we move into an era where the mass creation of jobs is a necessity and where increased tax base is a requirement for local governments to adequately face growing financial pressures, efforts to revitalize brownfields must not only con- tinue but be accelerated in the upcoming years. Currently, $7 million exists in the Department of Trade and Economic Development's (DTED) base for the contaminated site clean-up fund. Addi- tionally, $6.2 million is appropriated annually from the Petrofund to DTED to clean up sites that contain at least some petroleum-related contamination. Response: A comprehensive set of economic development programs must be maintained for cities and other develop- ment agencies. The Legislature should: Increase funding for the Department of Trade and Economic Develop- ment's contaminated site clean-up fund and redevelopment account; League of Minnesota Cities · Strengthen enforcement and collection of revenues for the state contamin- ation tax; Continue support for and funding of local and regional programs to assist in the efforts to remediate brown- fields; · Establish a fully-funded program to allow cities and other development authorities to gain control of and reclaim and revitalize brownfields; · Protect existing tax increment financing provisions that provide for the remediation of brownfields, and modify restrictions to allow the pool- ing of district revenues to assist in the financing of remediation of brown- fields; · Establish an indemnification fund to provide financial security for institutions and individuals as they invest in efforts to recycle brownfields in order to leverage private invest- ment in cities' efforts to increase their tax base and create jobs; and · Continue financing mechanisms for cleaning contaminated sites. LE-22. OSA Response Timelines Issue: The Office of the State Auditor (OSA) is responsible for TIF oversight. As part of their review of TIF districts, they identify alleged violations of the TIF laws and issue noncompliance notices to TIF authorities. After responding to these noncompliance notices within the required 60-day period, authorities often do not receive timely responses on the matter fxom the OSA. Additionally, TIF authorities are often unclear about the final disposition of the matter upon receipt of a final noncompliance notice. Response: In the event that the OSA determines to issue a fmal non- compliance notice to a TIF authority, the Legislature should require the OSA to issue the notice within 60 days of re- ceiving the authority's response. Any fmal noncompliance notice should contain the OSA's f'mal position on the matter, the date upon which they forward the matter to the county attorney, and the next steps that are required to be taken according to state law. Upon expiration of the 60-day period, the authority should be deemed to be in compliance with the TIF laws if no final noncompliance notice is received. LE-23. OSA Time Limitations Issue: The Office of the State Auditor (OSA) has the authority to issue noncompliance notices for every existing TIF district in the state for alleged violations of the TIF laws. This authority extends retroactively to the inception of the district. Accordingly, TIF authorities can receive noncompliance notices for alleged violations that occurred 20 or more years ago. Often, staff and record-keeping procedures have changed and TIF authorities find it ex- ceedingly difficult to reconstruct the past in order to identify and remedy these situa- tions. Similarly, the OSA claims the authority, based on the state's records retention schedule, to audit TIF districts for up to 10 years after decertification which requires cities to expend staff resources to maintain files and a working knowledge of old districts for an unreasonable period of time. Response: A reasonable timeframe within which alleged violations are identi- fied should be established. The Legisla- ture should reasonably restrict the OSA's ability to issue noncompliance notices to 2002 City Policies 17 the six-year period prior to the notice's issuance date. The Legislature should also require the OSA to conduct any audits on decertified districts within one year of decertification. LE-24. Economic Development Authorities Issue: The 2000 Legislature author- ized counties outside the metropolitan area to establish county economic development authorities (EDAs). The new law lacks specificity on certain process and limitations issues. County EDA activity in areas sur- rounding cities will directly impact the adjacent city in terms of service provision and taxes. Response: The Legislature should establish reasonable limits on county EDA activities in unincorporated areas, including requiring city approval for proposed county EDA activitieS within two miles of a city. The Legislature should revisit the county EDA legislation and add specificity to other process and limitations issues such as the local recommendation committee. LE-25. Workforce Readiness Issue: State and federal welfare reform efforts have focused on the impor- tance of the welfare-to-work transition, and have recognized the challenge of ensuring /ndividuals are qualified to work. Cities have an interest in the availability of qual- ified workers as part of their economic development efforts, and can serve as a catalyst with other public entities and the private sector to address workforce readiness issues. Response: The Legislature should continue to fully fund the job skills part- nership and pathways programs admin- istered by the Department of Trade and Economic Development. The Legislature should provide additional funding to local workforce councils for the purpose of upgrading the skills and productivity of the workforce. LE-26. Adequate Funding for Transportation Issue: Current funding for roads and transit systems across all government levels in the state is not adequate. The League acknowledges that all Minnesota communities benefit from a sound and adequately funded transportation system. Response: More resources must be dedicated to the state's transportation system. The League supports constitu- tionally dedicating a portion of the sales tax on motor vehicles (also referred to as MVET) or other new revenue sources to a transportation fund, which would fund both highway and transit projects. The League also supports an increase in the gas tax that would be dedicated under the existing highway user trust fund formula. Replacement funding for vehicle registra- tion taxes (known as tab fees) must be constitutionally dedicated to the highway user trust fund. If adequate funding does not come from the state, cities should have funding options made available to them to raise the necessary dollars to adequately fund roads and transit. All nontransportation programs should be funded from sources other than 18 League of Minnesota Cities the highway user distribution fund or other funds dedicated to transportation. LE-27. State Aid for Urban Road Systems Issue: Current rules governing municipal state aid expenditures are re- stricting the efficient use of these funds, and do not adequately acknowledge the constraints of' road systems in urban city environments. Response: Rules affecting the municipal state aid system need to be changed to acknowledge the technical and practical restrictions on construction and reconstruction of urban road systems. New municipal state aid design standards should not apply to reconstruction of existing state aid streets originally con- structed under different standards. Future changes to state aid rules should ensure the involvement of elected officials and. engineering professionals in the decision-making process. LE-28. Turnbacks of County and State Roads Issue: As road funding becomes increasingly inadequate, more roads are being "turned back" to cities from counties and the state. Response: Turnbacks should not occur without direct funding or transfer of a funding source. A process of nego- tiation and mediation should govern the timing, funding, and condition of turned- back roads. City taxpayers should receive the same treatment as township tax- payers. The requirement for a public hearing, standards about the conditions of turnbacks, and temporary mainten- ance funding should also apply to county turnbacks to cities. At a minimum, roads proposed to be turned back to a lower government level should be brought up to the standards of the receiving government or should be compensated with a direct payment. Direct funding should be pro- vided for smaller cities that are not pro- vided with turnback financing through the municipal state aid system. LE-29. Road Funding for Cities Under 5,000 Issue: Cities under 5,000 population do not receive any nonproperty tax funds for their collector and arterial streets. Response: Cities under 5,000 pop- ulation that are not eligible for Municipal State Aid (MSA) should be able to use county municipal accounts and the 5 per- cent account of the highway user distrib- ution fund. Uses of county municipal accounts should be statutorily modified so counties can dedicate these funds for local arterials and collector streets within cities under 5,000 population. In addition, the 5 per- cent set-aside account in the highway user distribution fund should be used to meet this funding gap. LE-30. Railroad-Related Projects Issue: Cities are being presented with far-reaching and long-term effects when railroad expansion and related projects enter their communities. Along with the concerns related to safety, environmental effects, and noise impacts on the communi- ties, several issues have greater reaching effects. They are: 2002 City Policies 19 · The cost-share ratio related to roadway crossing improvements will be borne by the public sector to a substantial degree, some estimates are 80 percent public to 20 percent private funding; The financial burden faced by the public sector to deal with mitigation improvements, a cost that the Surface Transportation Board (STB) is not requiring the private sector to pay; · The issues associated with the length of trains moving through communities; · Liability associated with whistle- blowing ordinances; and · Preemption of local authority to regulate railroad activities. Response: The private sector must be required to pay a greater share of the improvements that benefit their industry. The public sector should, not be expected to underwrite the costs of improvements sought by the private sector. The state and federal government must participate in adequately funding the mitigation of the negative impact of railroads on local government and its citizens. The federal government must exercise greater over- sight of the STB to ensure fair and equitable solutions are reached when dealing with cities in Minnesota. IMPROVING SERVICE DELIVERY SD-1. Redesigning and Reinventing Government Issue: Every level of government is reevaluating, reprioritizing, redesigning, and renewing its organizational structure and programs in response to financial realities and citizens' needs and problems. Reforms, however, must be more than change for the sake of change, or a reshuffling of existing programs to appease the electorate. To be meaningful, reorganization and reassign- ments of governmental entities and services should save money where feasible, deliver improved services, serve essential needs, and be equitably structured. Cities have and will continue to pursue the use of coopera- tive agreements, the reevaluation of city programs and services, and changes to organizational structures. Response: The federal, state, and county governments should: Ensure that in redesigning, reinvent- ing, or reassigning government ser- vices and programs that the appro- priate level of service to citizens is evaluated, and citizen demands and expectations are adequately addressed; · Promotelocal efforts through incentives, rather than mandates; · Communicate and establish a process of negotiation before shifting responsi- bility for delivering services from one level of government to another, or seeking to reduce service duplication; · Transfer authority for use of revenues dedicated to such programs, or pro- vide appropriate and adequate alternatives; · Identify and repeal programs or discontinue services that are no longer necessary, or which can readily and 2O League of Minnesota Cities fairly be provided by the private sector; and Employ existing government entities in redesign efforts rather than create new agencies or units. SD-2. Unfunded Mandates Issue: The cost of federal and state mandated programs substitute the judgment of Congress, the President, the Legislature, and the governor for local budget priorities. These mandates force cities to reduce fund- ing for other basic services or to increase taxes and service charges. The passage by the Legislature of reporting requirements for new state mandates, and the passage by Congress of legislation restraining new federal mandates, should help address the problem, but other steps are necessary. Response: · Existing unfunded mandates should be reviewed and modified or repealed where possible. · No additional statewide mandates should be enacted, unless full funding for the mandate is provided by the level of government imposing it or a permanent stable revenue source is established. · Cities should not be forced to comply with unfunded mandates. Cities should be given the greatest flexibility possible in implementing mandates to ensure their cost is minimized. SD-3. City Costs for Enforcing State and Local Laws Issue: Cities experience substantial costs enforcing state and local laws, par- ticularly those related to traffic, controlled substances, and incarceration of prisoners. The current method in our criminal justice system of recovering costs for law enforce- ment and prosecution through fines is insufficient to meet the costs incurred by local governments. Response: The Legislature should review this issue and adopt measures that provide for complete reimbursement of the costs incurred by local governments in enforcing state and local laws. Solutions that should be considered include the following: · Increasing fine amounts; Removing or modifying county and state surcharges that conflict with cost recovery principles; and Requiring the defendant to pay the full costs of enforcement and pros- eeution as part of any sentence. SD-4. Design-build Issue: The standard bid procedure cities are required to use in selecting con- tractors for municipal buildings can be quite costly. Private sector development uses a process known as "design-build" in which various firms submit project proposals that include both a design and the construction costs for that design. The selection is then based on the total package. By granting specific statutory authority to use the design- build alternative to the Metropolitan Sports Facilities Commission and state agencies, including the Department of Revenue, the Legislature has recognized the financial savings it can provide. In documented instances, cities have saved taxpayers up to 10 percent of the total project cost by using the design-build alternative. 2002 City Policies 21 The design-build process also per- mits improved project management and oversight. However, absent statutory authorization to use this alternative, cities are vulnerable to lawsuits from unsuccessful bidders. In addition, the design-build process for playground equipment can encourage greater creativity while main- raining cost controls. Special legislation was enacted for the city of Chanhassen in 1995 to experiment using this process for pur- chasing playground equipment. Response: The Legislature should authorize an extension of the design-build procedure to cities as a less expensive alternative to the standard bid procedure. SD-5. Providing Information to Citizens Issue: To keep the public updated and informed, state law requires local units of government to publish various notifica- tion documents in newspapers, and often dictates wlfich newspapers receive cities' publication business. The number and variety of documents required to be pub- lished and the costs of publication are burdensome. Technological advancements have expanded the ways government can provide information to citizens. In many cases, these new technologies are more efficient and cost effective. Response: Cities should be authorized to take advantage of new technologies to increase the dissemination of information to citizens and potentially lower the associated costs. Specifically, the Legislature should authorize local units of government to designate an appropriate daily/weekly publication, elect alternative means of communication such as city newsletters, cable television, 22 and the Internet, and expand the use of summaries where information is technical or lengthy. Additionally, the Legislature should eliminate outdated or unnecessary publication requirements. SD-6. Construction Codes Issue: Each year the Legislature addresses construction codes issues that have some impact on local governments. In addition, the Construction Codes Advisory Council and Builders' Association of Minnesota have indicated they may be recommending legislation to require state- wide enforcement of the building code. While all cities must enforce certain codes, such as the accessibility code, the electrical code and the bleacher safety code, the state's building code remains a local option for cities outside the metropolitan area. Many Greater Minnesota cities have adopted the state building code and all cities within the seven-county metropolitan area are required to adhere to the state building code. Response: A building code pro- rides many benefits including uniformity of construction standards in the building industry, consistency in code interpre- tation and enforcement, and life-safety guidance. A statewide-enforced building code may have benefits, but requiring it would result in an unfunded mandate. The enforcement of a building code can be cost prohibitive for many cities due to the expenses and overhead related to staffing vs. the limited building activity occurring in some communities. League of Minnesota Cities The League supports adoption of a state building code so long as there is not mandatory enforcement at the local level. The adoption of an enforced state build- ing code should remain a local option for municipalities outside the seven-county metropolitan area, unless the state fully funds the costs of enforcement and in- spection services necessary to enforce a statewide building code. In the event the Legislature re- quires an enforced statewide building code, local governments must have the option to hire or select a building official of their choice and set the appropriate level of service, even if the state fully funds code enforcement activities. To the extent the insurance industry is concerned about insuring structures not built to code, the industry should drive code compliance by issuing policies or setting rates based on whether the structure meets various code requirements. SD-7. National Fire Protection Association (NFPA) Standards Issue: The National Fire Protection Association (NFPA) is an international association of individuals and trade and professional organizations that deals with fire and life safety. The NFPA has adopted two new standards: NFPA 1710, Organ- ization and Deployment of Fire Suppression Operations, Emergency Medical Opera- tion& and Special Operations to the Public by Career Fire Departments, and NFPA 1720, Organization and Deployment of Fire Suppression, Emergency Medical Opera- tions, and Special Operations to the Public by Volunteer Fire Departments. NFPA standards 1710 and 1720 define minimum response times, minimum fire company staffing levels, initial full alarm response levels, and extra alarm response levels. Although NFPA codes and standards are voluntary, they are usually adopted by local jurisdictions. NFPA standards 1710 and 1720 preempt local authority and place a one-size-fits-ail mandate on all cities and towns. Response: Levels of service de- livery for fire and emergency medical services (EMS) have always been deter- mined by local jurisdictions. The NFPA has clearly gone outside its authority in proposing these national minimum manning, response, and staffing stan- dards. If adopted and issued, these pro- posed NFPA standards would force local governments to shift dollars from fire prevention programs to fire suppression activities, potentially increasing the risk of fire and the danger to local firefighters. The League of Minnesota Cities opposes any attempt by the NFPA to impose stan- dards for staff'mg or minimum manning levels of fire, specialized, or emergency medical services vehicles controlled by units of local government. The League also opposes any attempt by the NFPA to adopt a standard dictating or affecting the response time of any fire, specialized, or emergency medical services vehicle. SD-8. Fees for Service Issue: The Legislature and interest groups often seek to mandate specific fee limitations for various city services. Exam- ples of such mandates include building permit fee legislation and coin operated amusement machine license fee legislation, both designed to rigorously control local fee setting authority. Additionally, starting in 2002 City Policies 23 2003, all city development fees and related expenditures will be reported to the state. Other groups, like the Citizens Jury and the media, are discussing the value of fees for providing services. The Citizens Jury gave limited acknowledgment of the -value fees may have in providing core city services. The media often urges the public and policy makers to monitor city use of fees. Response: While the state has a role in providing a general statewide funding policy, the state should not interfere in the decision-making functions performed by cities when setting city budgets to provide city services. General services such as permitting, inspections, or enforcement are best funded out of a cit3~'s general fund. The League supports the Legis- lature endorsing city authority to charge fees that are reasonably related to the cost of providing the service, permit, or license and acknowledging there are other asso- ciated costs inherent in the provision of those services, permits, or licenses. However, cities oppose any move to legislate specific methods to pay for city services or place caps on city fees. SD-9. Library Funding Issue: Many community libraries in Minnesota are city owned. Although located in an individual community, city libraries serve a much wider area. Local libraries need to be improved in order to provide access to both written and electronic media to enhance the educational capacity of both adults and children. 24 Response: The League supports a state matching grant program to provide dollars to assist communities to work in partnership to build and improve libraries. SD-10. Civil Liability of Local Governments Issue: One of the barriers to the delivery of governmental services and programs is the exposure of local govern- ments and their officials to civil damage claims. The state has acted to protect itself and its local governments by enacting ex- ceptions and limitations to liability suits, and authorizing self-insurance and other mech- anisms to deal with claims allowed by law. Response: The League supports: · Creating an exception to municipal tort indemnification law, Minn. Stat. § 466.07, where an employee is de- fended and indemnified for claims under a contract of insurance carried by the employee. · Extending the protection of the state and municipal tort claims act to quasi- governmental entities when perform- ing public services such as fire- fighting; · Existing constitutionalsafeguards for protecting public and private property interests without any statutory expansion of property rights; and · Clarifying and maintaining the applicability of municipal immunity in various areas including, but not limited to, park and recreational immunity, including the extension to entities providing a public service that have not traditionally been included within the immunity (e.g. state trails League of Minnesota Cities over municipal utility easements) and vicarious official immunity. SD-Il. Private Property Rights and Takings Issue: The Legislature has been introducing an increasing number of bills designed to diminish or control local gov- ernments' ability to exercise traditional planning and zoning authority and eminent domain powers. Legislation to control cities' abilities to perform regulatory acts such as road right of way condemnation, shooting range zoning and amortization received strong support from legislators. In addition, bills have been introduced to codify the property rights section of Minnesota's Constitution. The federal swamp buster/sod buster programs, the Army Corps of Engineers' dredge and fill programs, and the state's Wetlands Conservation Act and Community Based Planning Act, appear to be the nexus for much of the property rights and takings legislation. The League supports local govern- ments'' ability to balance the rights of private landowners with the interest of the public. However, the League is concerned various legislative initiatives will adversely impact cities in three ways. First, such legislative initiatives undermine the fundamental authority of cities to protect the public health, safety, and welfare of its citizens. Second, if the Legislature acts to codify part of the Minnesota Constitution, an argument may be made that the Legislature intended to create new causes of action against cities. This would encourage more lawsuits and expose cities to the expense of defending those cases. Third, by changing'the state's eminent domain law, including "quick take" provisions, municipal condemnation will become more costly and take longer to conclude. Response: The League encourages the state and federal governments to improve their regulatory programs by eliminating property rights issues that were caused by the adoption of such laws as the Wetlands Conservation Act or swamp buster/sod buster. The League opposes legislation that diminishes the ability of cities to act in the best interests of the health, safety, and welfare of its citizens, that increases the cost of doing business for the public good, or that creates the possibility of additional lawsuits against cities. SD-12. Election Issues Issue: At a time when state policymakers are considering election re- forms, it is important to address the role of cities in administering state election law and conducting absentee balloting and voting activities. Response: In view of the import- ance of improving the efficiency and responsiveness of local election adminis- tration, the League recommends the Legislature: Support enhancements to the state Voter and Election Management System (VEMS) to give cities direct access to VEMS; Allow cities to appoint at least one election judge per precinct from at least two major political parties, while waiving the political party preference requirement for 50 percent of the election judges at each precinct; and 2002 City Policies 25 Authorize cities to enact an ordinance no more than 90 days prior to the opening of filings to require write-in candidates for city elective offices to file a written request with the filing officer no later than the day before the election in the same manner as candi- dates for state and federal offices are now required; Minn. Stat. 204B.09, Subd. 3, in order for votes cast to be tabulated and reported in the official canvass. SD-13. Local Election Authority Issue: Previous Legislatures restricted city authority to schedule city elections and establish terms of office for local elected officials, thereby diminishing regard for the role of local self-government, particularly when state policy preempts home rule authority governing city elections. Statutory cities currently lack authority to create wards. Response: The Legislature should oppose further limits on either the num- ber or the length of terms city elected officials may serve, particularly when those terms have been established by voters in home rule charter cities. State policy on uniform elections should continue to recognize and uphold local authority to schedule city elections in November of either even- or odd- numbered years. The Legislature should support provisions to give statutory cities general authority to create wards. SD-14. Environmental Protection Issue: Cities demonstrate strong stewardship for the protection and preser- vation of the environment. Minnesota municipalities have historically been the 26 leading funding source for environmental protection and improvements. Municipal efforts include environmental protection through wastewater treatment, wetland restorations, stormwater treatment, public utility emission reductions, brownfield cleanup, safe drinking water programs as well as others. However, at some point the dimin- ishing or nonexistent environmental benefit received from addition efforts is fiscally irresponsible. Often, the programs are improperly designed to meet their stated goals. Additionally, the absence of funding by the state and federal governments has removed an essential restraining feature in program design and implementation. Agencies are less accountable to the governments that mandate environmental programs when they do not have to find the money to implement the programs. Specific problems faced by cities include: · New programs or standards are continually adopted without regard to the existence, attainability, or cost of existing programs and standards. · Regulatory bodies fail to consistently use good science and the most current and accurate data when establishing water quality standards. · Regulatory bodies impose new permit requirements without going through rulemaking. Instead, the agencies rely on internal documents, program strategies, and "best professional judgment of staff' when setting permit criteria. · Regulatory bodies approve permits and programs that compete with traditional municipal services and encourage urban sprawl. This behavior puts at risk the public investments and growth League of Minnesota Cities management efforts cities have made when planning for future development. Permit fees and other cost transfer elements of federal and state programs do not provide an incentive for environ- mental agency efficiency, policy priori- tization, or risk assessment. Third party environmental advocacy groups create significant hardships on cities by threatening litigation even when hard science may not support the groups' positions. Response: Alternative wastewater treatment and cooperative service systems should be prohibited from operating in areas that can reasonably and effectively, be served by existing municipal systems unless: --The municipal system is proven to be substantially less cost- effective and substantially less beneficial to the environment; and --The operation of these systems will not create a stranded public investment in the existing system. Sufficient state and federal financial assistance should be provided to assist local governments when complying with state and federal infrastructure requirements, particularly with re- gard to wastewater, stormwater, and drinking water facilities. · The MPCA should streamline its permitting and reissuing processes to allow for effluent standards and permit requirements to be known earlier, thereby giving Communities more time to defend against contested case hearings. '· The Legislature should require the MPCA to make its determination regarding the re-issuance of a permit within a reasonable set time period and require the MPCA to reissue the permit within a reasonable set time frame. · Legislation should be passed that requires state agencies to establish permit requirements only when the criteria they are using is developed through the rule making process. · The LMC should join with other like- minded organizations to contest through judicial means various reg- ulatory activities of state agencies and advocacy groups. SD-15. Sale of Lawn Fertilizers Containing Phosphorus Issue: Cities are required by several levels of government to improve and en- hance the quality of surface waters. Surface water runs through watersheds that rarely are wholly within a city's boundaries. And to be effective, measures for water quality improvements need to be regional or statewide. Phosphorus is a nutrient that can have a tremendous negative effect on surface and ground water quality. One pound of phosphorus produces 300 to 500 pounds of algae. The cost to remove one pound of phosphorus ranges between $200 and $500. Phosphorus is commonly added in lawn fertilizers sold throughout the state even though it naturally occurs in sufficient quantities in Minnesota soils to provide for healthy plant growth. Excess phosphorus from lawn fertilizers is not needed and it is carded by rain and lawn sprinkling into our storm water systems, lakes, wetlands, and streams. 2002 City Policies 27 City residents shoulder millions of dollars in expenses to complete and imple- ment their surface water management plans and to provide municipal wastewater treat- ment systems. Reducing the amount of phosphorus entering these systems and water bodies would result in significant savings in capital and operating costs. The most cost-effective way to reduce phosphorus in our lakes, wetlands, and streams is to prevent it from entering these systems. Additionally, cities believe the state is the appropriate level of government for effective and economical administration and enforcement responsibility. Response: The Legislature should adopt legislation that: Restricts the sale of lawn fertilizers containing phosphorus, and requires "zero" phosphorus content; · Includes exceptions for establishment of new turf and for properties demon- strating a deficiency of phosphorus in their soils; · Exempts the naturally-occurring presence of phosphorus in organic fertilizers;~ · Is statewide in scope, recognizing that watersheds do not observe political boundaries; and · Provides appropriations for the state to fund and enforce this law. SD-16. Creating a Minnesota GIS Program Issue: Local governments are finding geographic information systems (GIS) an essential tool for comprehensive land use, real estate, environmental, and other land management information. In many counties, maintenance of official land records has not been automated, creating a barrier to GIS development. In addition, the start-up costs of GIS implementation can be prohibitive. Response: The Legislature should encourage local government impleme- ntation of GIS through grants and/or the dedication of a revenue source such as real estate transaction fees. In addition, cities should be involved in the develop- ment of county land records modern- ization plans. SD-17. State Appropriation for Government Training Service Issue: In 1977, Government Training Service (GTS) was created in order to provide a coordinated response to the training needs of state and local govern- ments. GTS was charged with coordinating the needs of the state, cities, counties, town- ships, and school districts, with the delivery capability of the state's institutions of higher learning and other continuing education service providers. State financial support of GTS is important. Many cities and other local governments find it difficult to adequately fund official and staff training. GTS pro- vides a cost-effective mechanism for taking advantage of the efficiencies of cooperation. 28 League of Minnesota Cities Response: The League supports the state general fund appropriation for the Government Training Service. SD-18. Public Safety Spectrum Needs Issue: Cities have benefited from successful efforts at the federal level to gain access to exclusive radio and wireless eom- munications capacity for state and local public safety spectrum. For future interop- erability, cities will need additional spec- tram to ensure public safety agencies can communicate with each other and with surrounding jurisdictions. Unless secured for public safety purposes, allocation of spectrum in the 138- 144 MHz band is likely to be auctioned off to the highest bidder for private use. Spectrum in the 800 MHz range requires many more sites to cover the same geographic range and uses more expensive radio equipment. Although many local public safety agencies are moving to new 800 MHz systems, others will need to re- main in lower frequency bands. Equipment in 800 MHz range does not communicate with many of the existing public safety systems that operate at lower frequencies. Response: The federal government must make sufficient spectrum available to allow public safety agencies that re- quire multi-agency communications to respond to accidents, disasters, and criminal activity that cross jurisdictional boundaries. The Legislature should not force cities to modify current public safety communications or become part of the 800 MHz radio system until the city chooses to do so. Rather, the Legislature should provide for a transition that guarantees uninterrupted service that is capable of communicating among local public safety agencies, while allowing cities to form coordinated dispatch and services. Regional funding of such systems should be considered taking into account the useful life of current systems. SD-19. Legalization of Fireworks Issue: Fireworks products can cause serious injuries and fire loss. Fireworks have been illegal in Minnesota since 1941, and legalizing them would undermine fire pre- vention efforts. Legalizing fireworks would increase public safety enforcement, emer- gency response, and fire-suppression costs. Response: The League opposes the legalization of fireworks. SD-20. 911 Funding Issue: Many cities struggle to afford routine maintenance and improvements to the hardware and software of their 911 services. In addition, cities strive to allocate adequate training dollars for the personnel who operate the 911 centers. New tech- nologies continue to emerge and the Federal Communications Commission has mandated new compliance with automated location identification for cell phones. These factors continue to increase operating expenses and the current telephone surcharge formula is not keeping pace with the escalating ex- penses. Cities are forced to choose between bearing all costs or making only incremental improvements to their systems. During the 2001 legislative session, the Legislature capped the 911 telephone surcharge at the current 27-cent level, rejecting proposals to increase the surcharge 2002 City Policies 29 and provide additional funding to the 911 centers located throughout the states. The 27-cent level is inadequate to meet the demands of the current systems, and does not address future funding requirements. In addition, the Legislature removed the authority of the Commissioner of Admin- istration to set the surcharge amount. The Commissioner requires such authority to deal w/th escalating technological advances and to ensure a dependable statewide 911 system. Response: The League supports an increase in the current 911 surcharge. The increase is needed for upgrades and modifications of 911 systems located throughout Minnesota to allow for effective, reliable emergency commun- ications services. The public safety answering points, and the entire 911 system must be maintained and remain in excellent working condition in order for the systems to save lives, assist in reduc- ing crime and reduce property damage. The Legislature should also restore the Commissioner of Administration's auth- ority to establish the surcharge amount. SD-21. Racial Profiling Issue: The League of Minnesota Cities recognizes that where racial profiling exists it must be eliminated. The League supports action by the state of Minnesota to fund and implement effective and mean- ingful responses to racial profiling that will effectuate fair treatment of all people. Response: The League supports a meaningful and effective response to the concerns of our residents that police traffic stops reflect an objective demonstration of probable cause to believe that a law has been violated. All members of the community 3O must have confidence that each member of the community is being treated fairly and respectfully and that the race or ethnicity of the driver is not used as a factor in deciding to stop a motor vehicle. The League sup- ports training programs to support these goals and. recommends that the state of Minnesota develop, fund, and present such training programs to all law enforcement agencies in the state. The League opposes the mandatory collection of traffic stop data as being counterproductive and ineffective in ad- equately responding to those members of our communities who do not feel a part of the community by virtue of their concerns about racial profiling. In an effort to ascer- tain the scope and degree of the problem, the League would support objective, well form- ulated statistical sampling by third parties under the auspices of a state funded study that would develop documentation of traffic stops and an analysis of those stops, coupled with an effective means of enforcing sanc- tions against documented instances of in- appropriate treatment of citizens. Addition- ally, the League supports state funding for video cameras in police cars. SD-22.0.08 DWI Issue: The state of Minnesota is considering a statutory amendment to reduce the blood alcohol level from 0.10 to 0.08. Analyses anticipating the fiscal impact of the 0.08 threshold on cities have been inconclusive. Under current driving while impaired (DWI) law, the arresting authority is responsible for prosecution of suspected DWI offenders. A reduced threshold may result in more DWI arrests by city law enforcement officers and, thus, increased prosecution costs for cities. League of Minnesota Cities Response: The League of Min- nesota Cities is committed to building quality communities and to increased public safety. By adopting and imple- menting the 0.08 percent BAC level threshold, the state will secure existing federal highway funds that will assist in the maintenance and upgrade of a safe transportation system. Prior to adopting this initiative, the Legislature should carefully study the costs associated with a reduced DWI threshold. The state of Minnesota should provide the necessat3, funding to compen- sate local units of government for related cost increases. SD-23. CriMNet Issue: Public safety is compromised by the lack of centralized, complete and accurate criminal history data about indiv- iduals, incidents and cases. And, without an integrated criminal justice information sys- tem, Minnesota cannot always hold serious criminals accountable for their crimes. CriMNet, Minnesota's effort to integrate the 1,100 criminal justice information systems operated by agencies at all levels, will improve access to relevant criminal history data for public safety and criminal justice authorities. Over 500 cities operate police departments. These departments vary dramatically in fiscal capacity, staffing resources and technical expertise. Further, each municipal law enforcement agency has unique operating procedures, strengths and needs based on the community it serves. The League of Minnesota Cities knows CriMNet will have a significant impact on municipal police business practices, and could mean increased staffing needs, training and equip- ment purchases. The League also recognizes that every agency must participate fully in CriMNet to make the system effective. Response: The League of Minne- sota Cities supports efforts by the state of Minnesota to integrate criminal justice information systems. The League also supports cooperation between legislators, law enforcement and corrections agents, court officials, prosecutors, community groups and businesses that build public support for CriMNet. If CriMNet is to be implemented statewide, the Legislature must consider the different capacities of municipal law enforcement agencies to participate. The League requests that the Legislature fund CriMNet planning and implementation at the local level.- SD-24. Red Light Cameras Issue: Drivers who run red lights can cause serious traffic accidents and con- tribute to gridlock. In spite of the severity of this problem, cities cannot afford continuous monitoring of intersections by peace offi- cers. The technology exists to enforce traffic signal laws with photographic evidence. When installed at traffic signals, motion imaging recording systems (MIRS) have been shown to reduce red light nmning. Response: Local law enforcement agencies should have the authority to use the MIRS technology to allow a vehicle, not its occupants, to be identified when the vehicle has violated a traffic signal law. Local law enforcement officers should have the authority to issue cita- tions for violations of traffic signals by mail, where the violation is detected with photographic evidence. 2002 City Policies 31 SD-25. Misdemeanor Fines Issue: There is an inconsistency in the amount that a city can charge for misdemeanor violations under Minn. Stat. §§ 412.231 and 609.02, subd 3. Minn. Stat. § 609.02, subd. 3, establishes maximum fines at $1,000. Minn. Stat.'§ 412.231 establishes maximum fines at $700. Al- though the Legislature has established that the provision in Minn. Stat. § 602 super- cedes the fine in § 412, the inconsistency has resulted in confusion in applying the laws. Response: The Legislature should amend Minn. Stat. § 412 to mirror the amount of the fine established in Minn. Stat. § 602. SD-26. State Regulation of Massage Therapists Issue: The state does not currently regulate massage therapy, an emerging and rapidly growing profession. In order to con- trol prostitution and to provide for health and sanitation standards, several cities have entered the traditional state domain of health-care licensure by enacting ordinances that require all massage therapists to obtain a local professional license. These ordin- ances allow local law enforcement officers to differentiate between legitimate massage therapists, who have a city license, and prostitution businesses fronting as massage therapy establishments. The lack of statewide regulation of massage therapists has hampered law en- forcement techniques, and has caused prob- Iems for cities attempting to regulate an entire health-care profession without any statewide standards. Currently, 25 states regulate massage therapists on a statewide level. Statewide regulation of massage thera- pists would provide a clear set of educa- tional standards that massage therapists must meet, and would provide local law enforce- ment agencies with an easy tool to distin- guish between prostitution and legitimate massage therapy. Statewide regulation would not disturb traditional powers over land use and business licensure. Response: The League supports the statewide regulation of massage therapists in order to aid local law enforcement efforts to control prosti- tution and other criminal activity. SD-27. On-Sale Liquor or Wine Licenses to Performing Theaters and Cultural Centers Issue: Performing theaters and Cultural centers are not one of the qualifying entities to which municipalities may issue on-sale liquor or wine licenses.. Several theaters have received special legislation that allows their municipalities to issue on- sale liquor or wine licenses to them. This practice interferes with the ability of muni- cipalities to control the placement and operating manner of these entities. Response: The Legislature should authorize municipalities to issue on-sale liquor or wine licenses to performing theaters and cultural centers subject to restrictions imposed by the municipality. SD-28. Youth Access to Alcohol & Tobacco Issue: The minimum age to purchase alcohol in Minnesota is 21. The minimum age to purchase tobacco in Minnesota is 18. The minimum age to sell alcohol and tobacco products in Minnesota 32 League of Minnesota Cities is 18. Cities have an interest in preventing their youth from obtaining these products. To this end, many cities operate compliance check programs in an effort to discern the current level of youth access and to reduce youth access. Response: The League opposes any proposal that could result in increased risks of youth access to alcohol and tobacco products and expanded off- sale venues for the sale of such products. The League supports the sale of alcohol and tobacco products only in controlled environments. The League supports statutory changes that assist in reducing youth access to alcohol and tobacco · products. The League supports mandatory alcohol compliance Checks with state funding initiatives to support locally-determined compliance efforts. HUMAN RESOURCES & DATA PRACTICES Human Resources Issue: Many state laws increase the cost of providing city services to residents by requiring city governments to provide certain levels of compensation or benefits to public employees, by specifying certain working conditions, or by limiting city governments' ability to effectively manage their personnel resources. For instance, existing state laws limit governments' ability to effectively address incompetence or misconduct of city employees specifying certain procedures to be followed or standards of conduct. Response: The state government should refrain from passing laws that regulate the public sector workplace, and should repeal or modify problematic existing laws and regulations to encour- age full local accountability. The League of Minnesota Cities proposes the following initiatives and reforms: HR-1. Preservation of Local Decision-Making Authority. on Employment Related Issues The League supports local decision- making authority, and opposes legis- lation intended to interfere in local decisions. HR-2. Veterans' Preference Minnesota's veterans' preference protections were created at the turn of the 19th Century. These protections were designed to assist veteran employees at a time when Minnesota's and the federal government's labor and personnel laws were in their infancy. The Legislature should conduct a study of Minnesota's veterans' preference law to determine its effectiveness and efficiency in light of today's employment laws, statutes, and regulations. It is likely the Legislature will find parts of the law need modern- ization. For example, compressing the 2002 City Policies 33 34 time in which to request a hearing to 20 days from the current 60 days would result in more efficient resolution of disputes. HR-3. Compensation Limits The Legislature should acknowledge that all state and local governments, not just schools districts, must be competitive in recruiting and retaining upper level man- agement employees. In addition, there is no correlation between the compensation of citizen volunteers and career public sector professionals. Therefore, the state should repeal or modify laws limiting the compensation of a person employed by a statutory or home rule charter city to the governor's salary. HR-4. Public Employees Labor Relations Act (PELRA) The state should modify the definition of public employee under PELRA by re- moving the existing 14-hour/67-day requirement and replace it with a defin- ition in which employees must work more than an annual average of 20 hours per week. Temporary or seasonal employees should be excluded from the PELRA definition of public employee in Minn. Stat. § 179A. FIR-5. Re-employment Benefits Public sector temporary or seasonal employees should not be eligible for re-employment benefits. HR-6. Essential Employees Cities must balance the health, welfare, and safety of the public with the costs to taxpayers. Therefore, the Legislature should carefully examine requests from interest groups seeking essential employ- ee status under Minn. Stat. {} 179A (PELRA). The League opposes legis- lation that mandates arbitration that increases costs and removes local decision-making authority. HR-7. Pension Benefits The League opposes special legislation for individual employee pension benefit increases unless they are initiated and approved by the city council of the impacted city. HR-8. Public Employees Retirement Association (PERA) Coordinated Plan Funding Deficiency · PERA had identified a significant long-term funding deficiency in its coordinated plan in 2000 that was the result of changing demographic patterns. The 2001 Legislature adopted employer and employee contribution rates in- creases and plan modifications to address the deficiency. Recent analysis has indicated that some of the costly demographic trends that led to the deficiency may be slowing or reversing. · The state should carefully analyze future actuarial reports and experience studies to determine if the 2001 contribution rate increases and plan modifications are sufficient to cover the plan's deficiency. The state should assist local govern- ments in covering any deficiency that League of Minnesota Cities still may exist. The state should recon- sider the 2001 changes to eligibility that eliminated the full-time student exclu- sion and the $425 per month salary threshold. The state should allow for city managers to opt-in to PERA provided there is no employer buy-back obligation. HR-9. State Paid Police and Fire Medical Insurance · The state should fully fund programs that pay for health insurance for police and fire employees required under Minn. Stat. § 299A.465, as amended in 1997, for police and fire employees hurt or killed in the line of duty. · The Legislature should clarify whether Minn. Stat. § 299A.465 applies to injuries incurred prior to June 1, 1997 (the effective date of the law). · The Legislature should clarify the amount of an employer's contribution under Minn. Stat. § 299A.465 and whether it changes over time. HR-lO. Breathalyzers Minn. Stat. § 181.950-.957 should be amended to permit the use of breath- alyzers as an acceptable technology for determining alcohol use. Currently, breathalyzer use is permitted under federal commercial drivers' laws. HR-11. Drug and Alcohol Rehabilitation Minn. Stat. § 181.953, subd. 10(b), an employer cannot terminate an employee for a positive controlled substance test without first providing the employee a chance for rehabilitation and treatment. Recently, some cities have been advised that this law applies to "probationary" employees as well as permanent employ- ees. Therefore, the League supports a legislative change to clarify that the state law on drag and alcohol rehabilitation and treatment does not apply to proba- tionary employees. HR-12. Health Care Insurance Programs The League supports voluntary partici- pation in programs designed to provide for post-retirement health insurance benefits or in health insurance plans structured to pool all public employees. HR-13. Electronic Timekeeping The League supports amending Minn. Stat. § 412.271 to reflect modem technologies and timekeeping practices. Changes must include an option for cities to employ paperless time recording systems. HR-14. Volunteer Fire Relief Pension The League supports studying the feasi- bility of creating a voluntary statewide relief association for volunteer fire- fighters. Data Practices DP-1. Public Access to Information Cities (and other state and local units of government) are required to establish- policies and make clear to the public procedures for obtaining access to data 2002 City Policies 35 classified as government public data. These requirements must accord local officials flexibility to establish policies and procedures that reflect the availa- bility of resources and existing formats in which information is maintained and organized. DP-2. State Model Policies and Training The Department of Administration is required to provide model policies and training assistance to cities in complying with the Government Data Practices Act (GDPA). The Legislature must fully fund the costs of on-going GPDA com- pliance training and education and directly involve local officials in the development and implementation of training activities. DP-3. Tennessen Warning Changes enacted in 1999 addressed only the school district portion of the issues facing local governmefit employers when complying with the employee notice requirements of the Tennessen Warning. The Legislature should limit compliance with notice requirement to initial hiring procedures. The initial hiring notice will cover subsequent disciplinary or other personnel-related actions that are likely to adversely affect the individual's employment status. DP-4. Violations of Government Data Practices Act In some circumstances, local govern- ment compliance with the Government Data Practices Act is hampered by fears of punitive legal action against public employees responsible for responding to requests for information while also pro- tecting data classified as private or non- public. The Legislature should maintain current damage award requirements for willful violations of the GDPA. THE LEAGUE SUPPORTS THE FOLLOWING POLICIES REGARDING FEDERAL EMPLOYMENT LAW: FED-1. FLSA/Overtime Compensation * The Fair Labor Standards Act (FLSA) was designed for private employers. The definitions of "exempt" and "non- exempt" are difficult to administer in the public sector and do not reflect public sector operations. The regulations should be clarified to better allow public sector employers to appropriately classify employees as "exempt" vs. "non- exempt." FED-2. Medicare/Medicaid Premium Disbursements Minnesota continues to be a net loser in federal Medicare and Medicaid premium disbursements. Congress should recog- nize this disparity and provide Minne- sota with a more balanced and repre- sentative share of the costs of providing health care under Medicaid and Medi- care. 36 League of Minnesota Cities ELECTRIC RESTRUCTURING Introduction: Cities have a strong interest in the public policy debate about electric restructuring or deregulation. Minnesota already enjoys some of the lowest average electric rates in the nation. The case has yet to be made that dereg- ulation will result in either lower rates or improved service for consumers. Issue: For many decades, electric service to Minnesota citizens has been delivered through a combination of investor- owned utilities (IOUs), municipal utilities, and rural electric cooperatives. This system has served Minnesota well, delivering reliable, universal service at rates among the lowest in the country. In recent years, many have begun to promote "deregulation" or "restructuring" of the industry, meaning that electric service would no longer be a franchised monopoly. A number of states, primarily those with high electric rates, have taken steps to move toward such restructuring. In most of these cases, transmission and distribution remain regulated, with retail competition allowed for generation source. Advocates of restructuring argue that such competition will lead to lower rates. However, estimates by the federal Energy Information Agency* are that while the upper Midwest, including Minnesota, will experience slightly lower rates in the short- term, longer-term rates may actually be higher under restructuring. Concerns have also been expressed as to whether residential customers, and those in rural and other harder-to-serve areas will actually experi- ence decreased reliability and increased rates. Local elected officials have the primary responsibility to the citizens of their cities to make certain restructuring that allows retail competition is as beneficial to the citizens as it is to the industry. Beneficial to the citizen means that all Minnesotans experience the same reliable, high-quality, universal, and low-cost service they ex- perience under the current system of electric power delivery. City residents have a strong interest in the outcome of this important public policy debate. Cities are substantial con- sumers of electric power. Many cities have a significant portion of their property tax base in electric industry property, while others collect franchise fees and/or sales taxes on electric purchases within their boundaries. Citizens in 126 Minnesota communities currently receive economical electric service from municipal utilities, which make pay- ments-in-lieu of taxes to help support city services. Significant increases in the cost of electric power for city operations or losses of these traditional sources of revenue will result in property tax increases. Response: The federal government should not mandate restructuring; the decision should be left to the states. The Legislature should continue to follow a slow, deliberative approach, taking time to consider how alternative models for delivering electric power will affect the state's traditional benefits of reliable, universal, high-quality and low- cost service. The public policy discussion should be focused on actual benefits to citizens, rather than on ideological argu- ments, stakeholder interests, and over- reliance on simplistic objectives like "consumer choice." Those advocating a change should bear the burden of proof to demonstrate that restructuring and deregulation will, at a minimum, main- 2002 City Policies 37 tain Minnesota's high-quality, low-cost, and reliable service. Only when that burden of proof has been met should restructuring occur. The following public policy goals should be incorporated into any legis- lation restructuring the electric industry: Adequate Supply and Demand The state's current generation and transmission capacity is inadequate to meet projected future needs. No new significant capacity has been built since the 1980's (Sherco 3). In the past, regu- latory and other governmental policies served as a disincentive to meet customer demand. The Minnesota Energy Security and Reliability Act enacted by the 2001 Legislature took significant steps to re- duce these disincentives. The experience of other states would strongly suggest that deregulation prior to the development and maintenance of adequate reserve capacity can lead to price spikes and compromise service reliability. The state should continue to review-and amend these policies as necessary to encourage further development and maintenance of adequate capacity and reliability. Consumer Protection Consumer interests must continue to be protected, especially for the most vulnerable populations. Reliable service must be universally available and pro- grams such as cold-weather shut-off rules should be continued either as require- ments for all market participants or as separate state programs. 38 Environmental Concerns The environment must be ade- quately protected, with conservation and renewable energy efforts maintained. The federal government must review the appropriateness of current environmental regulations and their effect in a deregu- lated market; for example, exemptions from the Clean Air Act for some generation facilities. Fair Market Competition To ensure fair market competition, the federal and state governments must have the authority to review mergers to prevent abuse of market power. Cities must remain viable compet- itors in the electric market. Municipal utilities must be granted exemptions from rules like the open meeting law and data practices requirements where they ham- per the ability to effectively compete with private companies. To ensure adequate service to every citizen, cities and other local governments must maintain their ability to issue tax-exempt bonds for construction of electric infrastructure, and be given explicit authority to aggregate or munieipalize provision of electricity. Local Authority Cities must maintain their traditional authority over land use, zoning, rights of way management and cost recovery, as well as the ability to franchise providers and to receive pay- ments-in-lieu of taxes from municipal utilities. Cities' authority to negotiate siting fees and agreements for proposed generating facilities should be enhanced. League of Minnesota Cities To avoid unnecessary demand for the limited space in public rights of way, open access to transmission and distribu- tion facilities should be maintained through regulation. As the electric market is opened to interstate competition, the federal government must preserve the application of Minnesota's state and local sales taxes to the sale of electricity, regardless of the place of origin. Stranded Cost Recovery Issue: Regulated utilities have traditionally made operating decisions based on needs of consumers within their service territories. Many decisions, therefore, have been based more on need than on economics. In the transition from a regulated to a restructured competitive environment, electric generators' investments in fixed assets and other obligations may or may not remain as economically viable. Estimates of these "stranded costs" vary greatly, with some indicating no stranded costs or possibly even negative stranded costs resulting from increased prices after dereg- ulation in Minnesota. Response: If regulatory actions have contributed to investment by existing regulated utilities that are not economically viable in a competitive market, and if restructuring occurs, the League supports transition mechanisms that will allow utilities to collect revenues for those particular stranded costs. How- ever, these charges must be carefully monitored to ensure that only eligible and verifiable costs are covered and that over- collections do not occur. Taxpayers and ratepayers should not be expected to cover the cost of investments that were made for business reasons, apart from the requirement to serve under the regulated system. If negative stranded costs for the regulated utility as a whole can be estab- lished, and are solely the result of tran- sition to a restructured environment, these regulated utilities should be re- quired to contribute some limited percen- tage of established amounts to offset tax breaks given to these utilities as a result of restructuring. Property Tax Issue: Part of the discussion regard- ing possible deregulation of the electric power industry has centered on electric utility taxation. Proponents of restructuring assert that if effective free market competi- tion is to replace governmental regulation, state tax policy must be changed. The main focus of the investor owned utilities (IOUs) so far has been removal of the attached machinery or personal property tax. Utilities subject to the tax argue it places them at a competitive disadvantage to non-Minnesota companies, rural electric cooperatives (co- ops), and municipals. However, accurate comparisons of tax burden are difficult, as other states use completely different taxing systems. Municipals make substantial pay- ments-in-lieu of taxes. Additionally, co-ops and municipals do pay direct taxes on some of their property and indirectly when they purchase wholesale power from sources that are taxed, such as IOUs. Utility personal property can be a sig- nificant portion of the local tax base in all cities. Most obviously affected are cities that have power plants; however, transmission and distribution equipment account for over half of the personal property taxes paid by 2002 City Policies ~- 39 the IOUs and exist in nearly every city. Replacing the revenue that would be lost to cities, counties, school districts, and other local taxing jurisdictions is a stated goal of the IOUs; however, the mechanics and funding sources of such a replacement revenue would be difficult to develop and administer, and could be subject to reduc- tions or elimination over time. Furthermore, replacement revenues or aids may not fully address the problems created by a large tax base reduction. Response: Cities oppose proposals for exempting the IOUs from the personal property tax, apart from the decision to restructure the electric industry in Minnesota. If and when restructuring occurs, a truly independent review of the overall tax burden should be conducted to de- termine whether Minnesota utilities are at a competitive disadvantage. If an overall tax disadvantage is identified, the state should correct it. Under no circumstances should local units of government or their citizens be required to shoulder the burden of tax relief for IOUs. 4O League of Minnesota Cities SOUTHWEST CORRIDOR TRANSPORTATION COALITION 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 (612) 337-9310 (Facsimile) December 7, 2001 Honorable Paul Wellstone United States Senator 136 Hart Senate Office Building Washington, DC 20510-2303 VIA FACSIMILE 1-202-224-8438 AND U.S. MAIL Rel Congressional Appropriation for Design of U.S. Highway 312 (New Highway 212) Dear Senator Wellstone: I have just received word that the United States Senate has approved the Conference Committee Report for the Transportation Appropriation Bill and that it included $3 million for design of the portion of U.S. Highway 312 between Hennepin County Road 4 and Carver County Road 147. That is outstanding news. Thank you very much to you and your staff for your hard work on behalf of the project. I anticipate that the Southwest Corridor Transportation Coalition will be making a further request in the context of ISTEA reauthorization and look forward to working with you in connection with that request at that time. Thank you again for your continued cooperation and assistance. Robert J. Lindall, C~r~o Coalition Southwest Corridor rtation and Chaska City Councilmember RJL:peb RJL-206874vl LN400-51 Ltr to Senator Wellstone Page 2 December 7,2001 CC: Richard Stehr, MnDOT Metro Division Engineer Dave Trooien, MnDOT Willimar District Engineer Randy Johnson, Hennepin County Commissioner Jan Mosman, Eden Prairie City Council Gene Diem, Eden Prairie Director of Public Works Linda Jansen, Mayor of Chanhassen Todd Gerhardt, Chanhassen City Manager Bob Roepke, Mayor of Chaska Dave Pokomey, Chaska City Administrator Julieann Ortman, Carver County Commissioner Roger Gustafson, Carver County Engineer Mel Dose, McLeod County Commissioner Fred Corrigan, Minnesota Transportation Alliance Todd Vlatkovich RJL-206874vl LN400-51 Aanenson, Kate From: Sent: To: Cc.' Subject: Haak, Lori Wednesday, December 19, 2001 11:20 AM Bob Obermeyer (E-mail); Julia Bohnen (E-mail); Steve McComas (E-mail); Fred Rozumalski (E-mail) Aanenson, Kate; Gerhardt, Todd; Hoffman, Todd Lake Susan APR Grant Project partners: I'm happy to announce that we have been selected for a DNR aquatic plant restoration grant for 2002 for the revegetation project on Lake Susan. Mandy Erickson with the DNR (651/772-3796) will be our liaison while Deb Sewell is out on maternity leave. The project will be funded at $25,600 instead of the $40,000 we requested. In reviewing our application, they found the costs I used for plant material to be a bit high. Evidently, the DNR will order the plant materials for us. This will allow us to get the seedlings at a reduced cost. Because the DNR will be ordering the plant material, they need a plant list (along with an estimated number of trays of plants) by January 14. I will begin preliminary work on the plan, but I'm not the most qualified person on our team to do this, so i'11 be looking to each of you for help. I want to learn about the process, so I want to set up meetings between Julia, Steve, Fred and myself so we can discuss plants and possible planting plans. We can do these meetings individually or as a group, whichever you prefer. Please let me know your preference. Also, if you could check your calendars and let me know what dates would work for you, it will speed the process up a little. Thanks again for your commitment to this project! Lori Haak Water Resources Coordinator City of Chanhassen 7700 Market Boulevard, P.O. Box 147 Chanhassen, MN 55317 Phone: 952.227.1135 Fax: 952.227.1110 E-mail: Ihaak@ci.chanhassen.mn.us Minnesota Department of Natural Resources Paul. Nlinnc:,ota 55155-d(1 10 .__ December 10, 2001 Ms. Jill Sinclair Env. Res. Spec City of Chanhassen 690 City Center Dr. Chanhassen, MN 55317 Re: CP02-6.15 Bluff Creek Restoration Dear Ms. Sinclair ' The moratorium on new grants we wrote to you about last week has been lifted for those grants funded with money for Minnesota's Environment and Natural Resources Trust Fund. Your grant has been funded from this source and may therefore go forward. Your grant is in one of the following stages: 1. You have signed and returned the grant agreement we mailed to you. In this case, we will have the state sign and execute it and then mail you a copy within the next couple of weeks. 2. You have received the agreement we mailed to you for signature but you have not yet mailed it back. Your agreement will be signed and executed when we receive it. 3. You have not yet received a grant agreement for your signature. If this is the case, please call me so we can discuss the status of your grant. If you have any questions about the status of the grant agreement for your project, please contact me. Thank you. Sincerely, / ///¢ Joe Hiller, Grants Manager Local Grants Program 651-296-4891 DNR Information: 651-296-6157 An Equal Opportunity Employer Who Values Diversity 1-888-646-6367 ° TTY: 651-296-5484 ° 1-800-657-3929 Pdnted on Recycled Paper Containing a Minimum of 10% Post-Consumer Waste CITYOF ~90 Ci~ C~ter Drive Web Site www. ci. chanhassen, mn. us December 13,2001 Mr. Steven Liefschultz The Remada Company 12400 Whitewater Drive, Suite 140 Minnetonka, MN 55343 Re: Stair replacement at: Lakeview Hills Apartments 125 Lakeview Road East Chanhassen, MN 55317 Dear Mr. Liefschultz In a letter to you dated March 23,2001, I identified the stairways at Lakeview Hills Apartments as hazardous, and required that they be replaced or repaired. . This is to notify you that the replacement of the stairways at Lakeview Hills has been completed, inspected and apprOved. Permit #0101061, obtained by Palani Construction, has received final approval and is therefore Closed." I aPpreciate your cooperation regarding this matter. ~.~. . - ' _ Sincerely, Official Building '- '-'_- _i --':i'.": .-'----. "j ..-'- -'_'_ -- . . . ' - pc: T°dd_Oefi~art~-CityManagef_ :.:. --: .'-_ '.'-__ .i-.' - --_.i "' _ Kate Aanenson, COmmunity DeVelopment.. Director '" - .. Bob Reid, Building InSpect0r'Qi- _-'.; ' ;-':- - .:'-'f,- "._--'-.J -_-.- Mr. P. Palanisami, Structural Engineer,'PalaniSami &~ASSociates Property file: 125 Lakeview Road East-:i:; .!-- i'i:Q'.:':i~'I.--- -i" . . o Inspections File: ID # 97-004":'".'- '~-' 'i--_ ._ :-:_'-i_..- -"'- · ~safety/st/Itrs/liefschultzl2-O1 .... ':..- '_--.-- ._ :..'.:."-' -' :-'7'":- Cio. MEMORANDUM CITYOF CHANHASSEN 690 C/fy Cenver D:&,e PO Bo.,: !47 CS';an~Sasse;t, .~ii,neiora 5M 17 952. P32 ~ 900 ~52. NE5~ Eitxineerin~ D(oamnent ~-.~1,-~ TO: FROM' DATE: SL~J: Bruce DeJong, Finance Director Matt Saam, ProjeCt En~neer/~/1.3] December 12, 2001 Amendment to 2001 Lateral Utility Connection and Trunk Utility Hookup Charges - PW011 In accordance with Ordinance No. 261, the City's sewer and water hook up and connection charges are to be adjusted on January. 1 each year to reflect construction cost changes. I have attached a copy of the £ngineering Nevt.'s- Record construction cost index for December 10, 2001 that shows a 4.6% increase in the construction cost index (Minneapolis) from approximately a year ago. The following rares shall be effective January 1, 2002: Sewer Charges/Lot Lateral Connection Charge Trunk Hookup Charge. Total Charge for Previously Unassessed Lot $4,335 $1,383 $5,718 Water Charges/Lot Lateral Connection Charge Trunk Hookup Charge Total Charge for Previously Unassessed Lot i $4,335 51,802 S6,1o/ Lake Ann sub-trunk Charge' $ 866 Lake Ann Interceptor Charge: $1,057 Attachment: 1. Engineering News-Record Cohstruction Cost Index dated 12/10/01. C: Teresa Burgess, Director of Public Works/City Engineer Chris Thibodeau-Fiest, Account Clerk Steve Torell, Building Official Bill Bement, Engineering Technician IV Mahmoud Sweidan, Engineer City Council Administrative Packet 1/14/02 g:\eng\matt\memoskstaff reports'amendment to 2001 lateral hookup charges.doc COST INDEXES CONSTRUCtiON COST INDEX The CCI ended 2001 with a 1,7% gain. This is down from year-end increas- es of 2.6% for 2000 and 2.;~% for 1999. '=.';.%.::'C:,,:Df~.'2001'.i. '~. ~-' ~R-' ~''''.:' 1~.33 ~ ' ~UllglNG i]OST ]NDE( The recent collapse in lumber prices slashed the BCI's annual infla- tion rate from 1.5% last month to just 0.8%. ~ '"J'13=1H.- :':" :i" ~ Y4,UE .:: li~lflN':--::' :: Y'dR- ~UI~IH(] COST · 3577.30 ': :,:. 0.5 ';;'.~ 0.8: ~KII.,.LED f,;tBOR ' 6066.76 ' 0.0 - :+-3.3-- .Y/AGE$/]fl~ ' ' ':'33.67 '~ 0.0; '+3;3 .- . ................. _2 ........ , .... :.-.:...-...,..., ~ATE,qlALS ~OST ]NDE( LumbeP pPices have fall- en 6.7% in the last two months, d~agging the MCI 3.3% below 2000, -~ ~ ...~.., :.., ..~.~.,.~ :. :.~.: .... ~._...:.:.....~ ': ;:/'~- "- ;.:: 81:-~-:~ :" 0;0:-:'.::.:;,, ATLAh"rA 4044.52 - 1.5 9ALTIMORE 4542.29 + 0.2 ~IRMINGHA~ 4716.58 + 4.7 ~OSTON 7042.39 + 0.8 CHICAGO 7679.62 - 0.9 CINCINNATI 5858.12 - 3.1 t]LE~ ~EL~ND 6920.63 + 2.8 ~ALL~$ 3854.32 - 3.3 DEHVER 4663.08 - 2.2 I)ET~OIT 7378.92 + 3.9 :~NS~ ~lr~ 6477.21 + 4.1 ~S tNG ~E].~S 7226.92 + 2.3 ~/IINH~POUS 7317.41 + 4.6 NEW ORL~NS 3984.38 - 0.8 ~E'.~ ¥OR~( 10101.24 + 7.7 PHIL~DEL°HIA 7960.76 + 4.7 PITTSBURGH 6252.60 + 0.9 ST. LOUIS 7047.92 + 2.9 SAN F~NCISC8 7399.07 - 0,7 Costs Mirror National Trend national t~end with lower lumber and steel prices offsetting h~er labo~ cost~ LL's BCI ended the yeaP with a OA% increase compared to a 0.8% ~ain BLI1LDIN6 ~OST- DB. '01 % ~. ~B: YE,iR ~or the national index. The city's lumber prices were down 7.6% f~om a yem, a~o compm,ed to a 6.8% decline nationwide. Cement prices in the LA. index ~ose 1.5% this yea~ compared to 1.9% national gai~ ~OillltOII LI, BOR DEC. '01 mDB: YEAR SKILLED U, JOR OB. '01 INDEX DB.'01 %CH~ SF,~I'i'LE 7335.24 - 0.5 MOlt~EAL 6874.42 + 5.5 TORONTO 7901.49 - 0.8 2928.63 - 0.6 3085,15 +0.3 2778.57 + 1.8 3935.71 + 1.4 4135.30 - 0.8 3190.66 -5.5 3667.82 + 1.8 2677.52 - 2.4 2985.37 - 2.5 4010.72 + 3.6 3516.74 +2.3 3694.24 + 0.4 3752.65 + 3.5 2680.75 - 2.5 5330.03 + 6.2 4348.07 + 2.6 3553.03 - 0.3 3540.70 + 2.2 4026.65 - 0.5 3708.67 + 0,9 3950.92 + 6.6 4O37.45 - 0.7 7326.32 + 1.8 8744.74 0.0 9300.00 + 6.3 15526.32 0.0 16552.63 0.0 12210.53 0,0 14752.~3 + 3.7 6910.53 + 2.5 8926.32 0.0 16031.58 + 4,3 13436.84 .-- 4.8 15573.68 + 3.7 15952.63 + 5.8 7273.68 + 4.0 23176.32 + 8.5 16973.68 + 6.1 13194.74 + 2.8 15473.68 + 3,2 16010.53 0.0 15878.95 0.0 13673.68 + 4.6 16897.37 0.0 4392.79 + 5.8 4916.52 0.0 4205.41 + 3.0 7360.36 0.0 7234.83 + ~.4 5197.80 0.0 6200.60 ~- 3.3 3818.62 + 9.9 4517.12 + 1.7 7177.18 ~- 4.2 5653.45 .- 2.7 6285.29 + 2.9 6580.18 + 5.7 3848.05 + 4.9 10634.23 .~ 7.4 7476.28 + 4.5 6098.50 + 3.2 6252.25 + 2.8 7142.34 + 1.2 6343.54 + 2.8 5987.99 6737,54 2034.72 - 8.0 1966.59 + 0.8 1907,39 + 0.2 1842.56 +5.1 2241.32 -4.7 1964.72 -13.3 2120.38 - 0.8 1981.15 -13.7 2050.13 - 7.$ 2075.67 + 2.3 2211.63 + !.7 2111.16 - 3.8 2024.86 - 0.6 1968.35 -10.2 2087.49 + 2.8 2436.70 - 0.6 1997.74 - 8.2 1883.74 + 1.4 2121.08 - 3.7 2098.77 - 2.5 +5.3 i 2707.13 + 8.4 +1.3 i 2387,89 - 4.0 RFJNFORCED ~NCRETE PIPE (RCP) 12" 38- 12" 38- 60" VllltlRED lILlY PlPE~~int 12" 24" ~ UndemYain 4" UNIT I1UIlTI BALT'I¥OR~ BIRilINfiRAM 80ST'ON CflllU60 ClIIClNIIATI CL/:yE.uIO DILU~ DENVER DETROff I(XIIS4S crrY ft 8.56 14.80 8.45 +6.05 5.74 8.50 6.50 13.00 9.57 10.95 8.90 ft 18.00 25.70 21.97 +14.00 12.20 18.55 16.00 25.50 13.35 33.25 24.50 fi: 36.20 47.50 35.24 +29.95 28.00 36.40 34.00 53.25 40.10 68.10 38.00 ft 52.30 85.00 57.51 +50.15 43.00 58.60 64.00 85.75 57.06 102.40 66.00 fi: 4.29 6.36 4.80 4.20 6.25 4.99 5.90 4.75 5.10 4.00 10.26 fi: 14.13 18.51 14.20 13.65 22.50 24.08 18.24 16.75 17.12 20.25 28.62 fl: 32.64 57.12 32.50 42.00 51.00 -- 52`00 33.00 50.02 62.00 77.92 ~t ~ ~ ~ ft -- __ -- ~ -- 7.81 -- -- 16.52 7.~ .... 41.44 __ -- 38.56 39.3--"-~ fi: 0.34 -- 0~:2 0~5 0,79 0,34 0.28 0.38 0.40 0~--~ -- 4II . -- ft 0.50 0.82 1 15 0 98 I 25 1 47 . , ' 8 .... -- ~ .... 069 1 02 05 -- fi: 1.60 ....... · 2 1.05 0.84 water 8" ~. ~ ~ 2.95 2.90 2.61 3.80 - 2 20 1 41 ~ r~ ~.U§ 2.58 I 93 ~ ~ ~ .... 8" ~' ~ -- ~ -,.,~ ,~.u,~ z.u7 - 4.~ ' Z26 2 .... ~ __ ~.~ 5.~ ~.~ _ -- -- , ...~: ....... ~ 8.15 7 g5 6 ~ 1~ 1~ ~ - 6.~ .~ 2`78 8~0 4.~ ' ' ~ .~u ~ ~ - ~i~ ~ P~ (ap) ~" ~ ~ ~ ~ ~ .__ ~ - ~2.~ 8.24 8.05 ~ ~ ' ~-- ~ ~ ~ =.T~ 8.79 8.07 5 ~ lO~ '~ ~ -- ~ ' ff 6.97 ~2 30 ~ ~ ~ ~ -- .~ ~ ~0.~ - 5.25 . · 2.~ ~14 4 7~ Z24 n~4 ~ ~ -- · -., . CITYOF CHANHASSEN dgO CiO, Ce,ter Drive PO Box 147 Cl~a,hasse,. 3Ii,,esota 55317 lPho~le 952.937.1900 General?ax 952.937.5739 &zgi, eeri,g Departme,t Far 952.937.9152 Buildi,g Departme,t Fax' 952.934.2524 II3b Site December 17,2001 Riley-Purgatory-Bluff Creek Watershed District c/o Mr. Robert Obermeyer Barr Engineering 4700 West 77th Street Minneapolis, MN 55435 RE: Bluff Creek Corridor Feasibility Study Final Draft Dear District Managers and Mr. Obermeyer: Per the request of the Riley-Purgatory-Bluff Creek Watershed District ("District"), the City of Chanhassen has reviewed the above study. The City has the following comments and questions: lo Page 4: The City is not aware of a District rule that requires a 200-foot buffer adjacent to Bluff Creek. If such a requirement exists, it would have profound implications on current and proposed development within the city. Please provide a citation for this requirement. . Page 6: The first sentence of the first paragraph under "Watershed Description" should, be revised as follows: "in the cities of Chanhassen and Carver Chaska." 3. Page 7: The City does not allow fill within the floodplain without a conditional use permit (CLIP). . Page 9: The feasibility report discusses the importance of infiltration. While the City agrees that infiltration may be an important tool in stormwater management, it is the City's position that infiltration is not an appropriate tool for all sites and situations. Any infiltration requirement should be sensitive to on-site soil types and previous soil compaction (especially in cases of site redevelopment). In addition, infiltration systems must be designed by qualified engineers and be properly maintained. If the District pursues an infiltration standard, the District should establish standards that take site-specific characteristics into consideration. 5. Page 10: In the context of this study, the District should provide suggestions for the prevention and management of channel disturbance. Riley Purgatory Bluff Creek Watershed District December 17, 2001 Page 2 of 2 o Page 11: If the "dredged channel is lower than the original channel" in this location and there is evidence of this, it may help the City's efforts at restoring the wetland and creek upstream of the intersection of Lyman Boulevard and Audubon Road. The City requests copies of any information that substantiates this claim. 7. Page 13: In the context of this study, the District should provide a list of suggested management strategies for the Bluff Creek Golf Course. 8. Page 15: Sections 2.4 and 2.5 are similar and could probably be combined. o Page 21: If the District wishes to pursue an extended detention basin requirement, the City will have to consider the feasibility of such a requirement in more detail. Current concerns include: 1. The resulting ponds would be larger, thus requiring more upland to be dedicated to ponding; 2. The City's standard outlet structure detail would have to be revised; and 3. Construction and maintenance problems may arise with the two-pipe outlet (e.g., the smaller pipe would clog more frequently than a larger pipe, getting the elevations to work in the field may be difficult, getting adequate fill between the two pipes would be very important, thorough inspection of installations would be necessary). 10. Pages 22-23: The criteria for the primary and~secondary corridors are more specific than the criteria found in the Pcurrent City'Code (Section 20-1551ff., see attached) or the Bluff Creek Watershed Natural Resources Management Plan (December 1996). The changes recommended by.the District (especially theproposed changes to the secondary corridor) would have a significant' impact on future development within the City and the value of the affected properties. The City is currently working to amend the portion of the ordinance dealing with the Bluff Creek Overlay District. The City proposes that the District and the City agree upon these criteria prior to their inclusion in the Basic Water Management Plan and the City Code. As a part of this process, the City recommends District and City staff meet to review projects the City has approved using its current ordinances. 11. Page 23: The implications of an impervious surface requirement not to exceed 20% within developments in the secondary corridor are quite significant. The City recognizes that it may be beneficial to have such a limit; however, many areas within the proposed secondary corridor are already developed. More discussion is needed in order to arrive at an acceptable standard. 12. Page 24: The proposed secondary corridor criteria state that there should be "minimal tree loss and ground-plain vegetative disturbance." It is not clear how "minimal" would be quantified. 13. Page 24: The required contents for restoration plans for disturbance within the secondary corridor should be outlined. Riley Purgatory Bluff Creek Watershed District December 17,2001 Page 3 of 3 14. There is inconsistency in the language regarding impervious surface: "no greater than 20% impervious surface shall be allowed within a development" (page 23) versus "all land within a development shall not exceed 20% imperviousness" (page 25). (Would the development be limited to 20% imperviousness or would each individual parcel be limited to 20% imperviousness?) 15. Page 26: Are broad creek crossings in MnDOT's preliminary plans for TH 212 and Powers Boulevard south of Lyman Boulevard? If not, may the City and the District still request such crossings? 16. Page 26: The importance and/or feasibility of using Site A as a link should be reevaluated in light of recent and proposed development in the vicinity. The City questions whether it is still possible to maintain the link. 17. Page 27: Approximately 37 acres of Site E is already in public ownership. It was acquired recently with the City's acquisition of the Fox property. 18. Page 27: The proposed primary and secondary corridors intersect the proposed Trunk Highway 212. The criteria for the primary corridor states that no permanent structures (including pavement) will be allowed (page 23). The criteria for the secondary corridor states that roads and trails should parallel natural contours and vegetation (page 23). Will these criteria be applied to TH 2127 If so, has MnDOT been notified of these proposed standards? 19. Page 27: It is unclear how much say the District and City have (or will have) regarding the final location of TH 212. 20. Page 28: How will the District and/or the City control and/or manage invasive species? Who will do the work? Who will pay for the work? Does it fall into the "water resource" category (i.e., the District will fund 100% of the cost)? 21. Page 28: The District should identify areas with invasive species in significant numbers and prioritize areas for buckthorn removal and reed canary grass control. 22. Page 28: What kind of funding match is available for vegetation and habitat management projects where the primary goals do not revolve around invasive species management? . _. . . 23. Page 29: Often, it is beneficial to provide areas where residents can see new concepts or practices in place. Has the District proposed (or has the District planned) demonstration areas for alternative lawn management practices? 24. Page 33: At the bottom of the page, the text reads: "To accomplish this link, it will be necessary to continue a trail along 4th Street and then south along T.H. 101." I Riley Purgatory Bluff Creek Watershed District December 17,2001 Page 4 of 4 believe the reference to "4th Street" is incorrect. The name of the street should be verified. 25. How does the District anticipate providing enough staff to fulfill the proposed educational responsibilities? 26. Is there any way that assistance can be provided for property owners who want to dedicate conservation easements over or establish native plant communities on their properties? 27. What is the status of the District's proposed rules? Would the revision or abandonment of the proposed rules change the findings or recommendations of the feasibility study? 28. The City is concerned about requiring infiltration for its developments for several reasons: A. Many of the undeveloped areas within the City have remained undeveloped because they have relatively high water tables. Infiltration may not be effectively accomplished in these areas, especially during times of intense rainfall; B. The effects of infiltration on groundwater quality are not clear; and C. Infiltration basins require a considerable amount of surface area in order to be effective. The District should provide technical information on the nature of the basins, including any pertinent research that has been performed. The technical information should address questions such as: What is the life expectancy of infiltration basins? Is maintenance successful in restoring their effectiveness? On average, how often should maintenance be performed? What are the effects of infiltration basins on groundwater quality? To begin this dialogue, the City recommends the District draft infiltration standards based on hydrologic soil group classification. 29. How does the District intend to preserve the "Proposed Wetlands to Protect" (Figure 16)? 30. The City requests the District develop a prioritization, timeline and funding proposal for each project/acquisition and provide the information in a table format. This will assist the City in preparing its Capital Improvement Plan (CIP), as well as its annual budget. 31. Does the District anticipate setting up a contingency fund for acquisition of land as it becomes available? A contingency fund of some kind may help ensure that adequate . funds are available if high-priority lands come up for sale. The City's comments on and/or approval of the Bluff Creek Corridor Feasibility Study should not be construed to imply support for the District's rules as proposed in 1999. The City believes that further research and development of the rules is necessary. In addition, the City suggests that rule revision be postponed until the District can better anticipate the full extent of the NPDES Phase II and TMDL guidelines. Riley Purgatory Bluff Creek Watershed District December 17, 2001 Page 5 of 5 The City appreciates the opportunity to review and comment on the study. Please feel free to contact me at 952/227-1135 if you have any comments or questions. I look forward to working with you to maintain and enhance the quality of Chanhassen's water resources. Sincerely, CITY OF CHANHASSEN Lori Haak Water Resources Coordinator Enclosure: Chanhassen City Code Section 20-1551 CC: Mayor and City Council Todd Gerhardt, City Manager Kate Aanenson, Community Development Director Todd Hoffman, Park and Recreation Director Matt Seam, Project Engineer Jill Sinclair, Environmental Resource Coordinator G :XENGXLoriXLETTERSXB CCFS comments.doc ZONING § 20-1551 d. Demonstrates the tower's compliance with all applicable structural and electrical standards and includes an engineer's stamp and registration number. (2) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, and so long as there is no negative structural impact upon the tower, and there is no disruption to the service provided. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1522. Temporary mobile towers. Personal wireless service antennas located upon a temporary mobile tower used on an interim basis until a permanent site is constructed or located shall require the processing of an administrative permit and shall comply with the following standards: (1) The height of the tower shall not exceed ninety (90) feet including trailer platform. (2) Temporary mobile towers shall maintain the setbacks as contained in Section 20-1505. The setback shall be maintained from the trailer platform. (3) Temporary mobile towers shall be prohibited in residential zoning districts. (4) Temporary mobile towers shall have a minimum tower design windload of eighty (80) miles per hour and shall comply with the requirements in section 20-1508. (5) A temporary mobile tower may be permitted for up to one hundred twenty (120) days. Towers located on a site longer than this time shall require the processing of an interim use permit subject to section 20-381. (6) Temporary mobile towers shall require a building permit and comply with section 20-1516. (7) Mobile units shall have the opportunity to appeal the administrative decision subject to section 20-1517. (8) Mobile units shall not interfere with public safety telecommunications subject to section 20-1520. (Ord. No. 275, § 2, 10-13-97) Secs. 20-1523--20-1550. Reserved. ARTICLE XXXI. BLUFF CREEK OVERLAY DISTRICT Sec. 20-1551. Purpose. The Bluff Creek Watershed Area and the development within it have a major influence on environmental quality in the city and the region. Development within the corridor must be § 20-1551 CHANHASSEN CITY CODE designed with utmost sensitivity to the environment and the development pattern must be of a quantity and quality other than what might occur in the absence of specific standards. The purpose of the district is to: (a) Protect the Bluff Creek Corridor, wetlands, bluffs, and significant stands of mature trees through the use of careful site design, protective covenants, sensitive alignment and design of roadways and utilities, incorporation of natural features, landscaping, techniques outlined in the city's surface water management plan, and the practices delineated in the city's Best Management Practices Handbook. (b) Encourage a development pattern that allows people and nature to mix spanning multiple ecosystems. Development in the corridor should be ecologically designed and built around natural features such as trees, wetlands, and bluffs. Significant natural features should impact development rather than development impacting significant natural features. The natural qualities of the corridor should be preserved to ensure sufficient habitat area for wildlife. (c) Promote innovative development techniques such as cluster development and open- space subdivisions to measurably reduce the amount of impervious cover compared to traditional development practices resulting in significant portions of a site being retained as permanent, protected open space. (d) Foster the creation of a greenway connecting Lake Minnewashta Regional Park and the Minnesota River Valley. The greenway will serve as an uninterrupted pedestrian trail, bikeway system, and wildlife corridor affording opportunities for recreation, education, physical fitness and non-motorized transportation. .. (e) Encourage cost-effective site development. Open space design practices can reduce infrastructure engineering and construction costs because of lot configurations, short- ened streets, and reduced utility runs. Long term cost savings can also be realized by the City of Chanhassen associated with infrastructure maintenance costs. (D Implement the policies and recommendations found in the Bluff Creek Watershed Natural Resources Mana'gement Plan. The terms, definitions and appendices found in the Management Plan are incorporated herein. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1552. Intent. The city intends that all development within the district including commercial, industrial and residential uses should blend into the natural environment while protecting Bluff Creek and sensitive land areas abutting and in the vicinity ofthe Watercourse and its tributaries. The criteria by which new development in the district shall be judged are as follows: (a) Consistency with all provisions of the Comprehensive Plan which includes the Bluff Creek Watershed Natural Resources Management Plan, as amended from time to time; the Surface Water Management Plan; all provisions of the zoning ordinance and subdiviSion ordinance not specifically overridden by the provisions of this district; and all other applicable land use regulations, Sunn. No. 11 1296 ZONING § 20-1555 (b~ Preservation of the natural conditions found in the Primary Zone and to the greatest extent possible, preserving significant resources and minimizing impacts in the Secondary Zone through cluster development and other practices which minimize fl~e removal of vegetation, minimize site grading, and application of practices found in the city's best management practices handbook. (c) 'Creation of a suitable balance between the amount and arrangement of open space, landscaping, view protection, bluff protection, and vegetation protection and the design and function of man-made features. (d) Creation of an interconnected open space network that preserves migratory patterns for wildlife. (e) Creation of an interconnected open space network that provides recreational and educational opportunities for people. (Ord. No. 286, § 8, 12-14-98) - Sec. 20-1553. District application. The BCO district shall be applied or Superimposed (overlaid) upon all zoning districts as contained herein as existing or amended by the text and map of this article. The regulations and requirements imposed by the BCO district shall be in addition to those established for districts which jointly apply. Under the joint application of the districts, the more restrictive requirements shall apply. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1554. Conditional use permits. A conditional use permit shall be issued by the city for all subdivisions, site plans, and prior the erection or alteration of any building or land within the BCO. (Ord. No. 286, § 8, 12-14-98) \ Sec. 20-1555. Boundary delineation. (a) Generally. Primary and secondary Zones shall be subject to the requirements estab- lished herein, as well as restrictions and requirements established by other applicable city ordinances and regulations. The Bluff Creek Watershed regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the overlay district applies. .. (b) Boundaries; maps. The Primary and Secondary Zones include land that is generally defined in this article and in the Bluff Creek Watershed Natural Resources Management Plan. Boundaries as established by officially adopted city maps shall be prima facie evidence of the location and type of watershed zone. The official maps shall be developed and maintained by the planning department. The applicant shall provide appropriate technical information, including but not limited to, a topographical survey, flora and fauna survey and soil data deemed necessary for the city to determine the exact watershed zone boundary. The planning director shall make a determination to maintain the officially designated watershed zone Su No. 11 § 20-1555 CHANHASSEN CITY CODE boundary or if the boundaries need to be corrected on city plans and maps based upon the data that is supplied. Data for watershed zone ~telineation shall be generated and provided by a qualified professional specializing in watershed luanagement, environmental science or other related profession. The applicant may appeal the planning director's determination of the watershed zone boundary and type to the city council. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1556. Impervious cover and slopes. To the greatest extent possible, all development shall minimize the amount of impervious surface by clustering development, using common access drives and utility corridors and minimizing building footprint size. Roads, walkways, bike trails, and parking areas must be designed parallel to natural contours with consideration to maintaining consolidated areas of natural topography and vegetation. Management of surface run-offcaused by impervious cover shall be designed using practices delineated in the city's Best Management Practices Handbook. Within the Secondary Zone of the BCO district, areas with average slopes exceeding twenty-five (25) percent shall be preserved in their natural state and maintained as permanent open space. Areas with average slopes less than twenty-five (25) percent but greater than ten (10) percent shall not exceed an impervious surface coverage of twenty-five (25) percent. Impervious coverage for areas where ax.,erage slopes are less than ten (10) percent shall be governed by the u~derlying zoning district. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1557. Bluffs. Bluffs shall be preserved as provided for under Article XXVIII. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1558. Site views. Through environmentally sensitive design such as "terrain adaptive architecture" (see Figure 1), landscaping and site planning, site views both to and from the BCW district shall be preserved and enhanced to the greatest extent possible so as to maintain views that reflect and Supp. No. 11 1298 ZONING § 20-1559 protect the natural beauty of the BCO District. Special attention shoulcl be given to views that are highly accessible to the public such as scenic overlooks, ridges and trails. Clustering of development away from natural overlooks is encouraged. Develop terrain-adaptive architecture for steep slopes. 'On steepty sloping sites, the propsedbuilding should step down the hillside. Side garage access requires less site disturbance. Terrain-Adaptive Architecture Figure 1. "Published in APA PAS Report #466" (Ord. No. 286, § 8, 12-14-98) Sec. 20-1559. Density clustering. Density clustering shall be allowed as a tool to facilitate cluster development within the Bluff Creek Corridor. Density clustering may be used in areas where portions of the site are unsuitable for development because of the location of the Primary Corridor. Density clustering shall not be allowed for areas that are otherwise considered unbuildable due to wetlands, lakes and other areas not suitable for building purposes. In areas where density clustering is applicable, density may be transferred to unconstrained parts of the site within land included in the Secondary Corridor, subject to the restrictions of this article, and within land lying outside of identified corridor areas. Additionally, the following conditions may qualify for density clustering: (a) Land slopes in the Secondary Zone that exceed twenty-five (25) percent on average. (b) Land in the Secondary Zone containing stands of native trees. (c) Land with suitable natural habitat to endangered or threatened species or a fragile ecosystem. Supp. No. 11 1299 § 20-1559 CttANHASSEN CITY CODE Traditional Development Pattern "Designing Open Space Subdivisions, Randall Arendt" Dock Cluster Development "Designing Open Space Subdivisions, Randall Arendt" Supp. No. 11 1300 ZONING ~ee Ii~ll.l, e® ~ ee ~ee I~llll,. ~ee ,e § 20-1561 ~jr~flc~nt n~tur~l rceource Industrial Cluster Development (Ord. No. 286~ § 8, 12-14-98) Sec. 20-1560. Standards and guidelines for single-family attached or cluster-home PUDs. Single-family attached, cluster, zero lot line, and similar dwelling types shall only be allowed on sites designed for low, medium or high density residential uses by the City of Chanhassen Comprehensive Plan. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1561. Natural habitat preservation. (a) Natural habitat areas within the primary zone shall be preserved as permanent open space. Any development that occurs shall be directly related to the continuous greenway along the creek from the Minnesota River to I,ake Minnewashta as outlined in the Bluff Creek Watershed Natural Resources Management Plan. {b) Where possible, any disturbances of natural habitat areas within the Secondary Zone shall be avoided. Any alterations to the natural habitat within the Secondary Zone shall adhere to' the practices delineated in the city's Best Management Practices Handbook. (Ord. No. 286, § 8, 12-14-98) § 20-1562 CHANHASSEN CITY CODE Sec. 20-1562. Natural habitat restoration plan. If natural habitat areas located within the Secondary Zone will be disturbed during any stage of development, the applicant shall submit a detailed plan identifying the resources that will be disturbed and a corresponding restoration and/or mitigation plan. Such restoration might include wetland mitigation and replanting of habitat significant to endangered and threatened species. (Ord. No. 286, § 8, 12-14-98) Sec. 20.1563. Open space requirements. Open space shall comprise one hundred (100) percent of the area located within the Primary Zone. The city will establish the boundary for the ?rimary Zone using data provided by the applicant. (Ord. No. 286, § 8, 12-14-98) Sec. 20.1564. Structure setbacks. All structures shall be setback a minimum of forty (40) feet from the Primary Zone. No disturbance of the site shall occur within the first (20) feet of such setback. (Ord. No. 286, § 8, 12-14-98) [The next page is 1977] Supp. No. 11 1302 L League of Minnesota Cities Cities promoting excellence 145 University Avenue West, St. Pa~, MN 55103-2044 Phone: (651) 281-1200 ° (800) 925-1122 TDD (651) 281-1290 LMC Fax: (651) 281-1299 ° LMCIT Fax: (651) 281-1298 Web Site: http://www.lmnc.org December 17, 2001 Dear City Clerk: It's time to get ready for LMC's 2002 Conference for Newly Elected Officials! After this past November's election, perhaps your Minnesota city has a new mayor, council member or other elected official who would benefit greatly from attending one of the 2 conference opportunities! Again this year, LMC is adding an outstanding opportunity for experienced city officials--the 2002 Leadership Conference for Experienced Officials! If your mayor or council members are not new to municipal leadership, the Leadership Conference is a terrific way to energize them and advance their skills. This year's Leadership Conference topic focus is Translation Skills: Communicating Concepts and Controversy to Citizens. The Conference for Newly Elected Officials and the Leadership Conference for Experienced Officials will each be presented in 2 Minnesota cities--Grand Rapids, January 25-26; and St. Louis Park, February 15-16. All registration fees are the same as last year, just $210 for the Newly Elected Officials' Conference and $150 for the Leadership Conference. Each includes speakers, meals and materials--a great value! I hope one of the conference weekends will work for your new and experienced officials. Enclosed are materials your city's newly elected officials and experienced leaders will need to register for the conferences, and to make hotel arrangements. Included are: · A letter to your Newly Elected Official · A letter to your Experienced Official · 2002 Conference for Newly Elected Officials~2002 Leadership Conference for · Experienced Officials Registration Forms Please duplicate and distribute materials to each of your city's elected officials. Encourage participation--these conferences are unique opportunities not to be missed! Please don't hesitate to call me at 651/281-1251 anytime I can answer questions or concerns, i'm looking forward to seeing your city's delegates at this year's conferences! Sincerely, ~l~die Tooley, Manager Conferences and Training AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER C 145 University Avenue West, St. Pa~l, MN 55103-2044 Phone: (651) 281-1200 o (800) 925-1122 TDD (651) 281-1290 LMC Fax: (651) 281-1299 0 LMCIT Fax: (651) 281-1298 Web Site: http://www.lmnc.org December 17, 2001 Dear Newly Elected Official: This is a special invitation to attend LMC's upcoming Conference for Newly Elected Officials! Each year, LMC designs this two-day conference to provide newly elected mayors, council members and others the information they need to get a strong start as decision-makers for the future of their cities. Experienced presenters with practical understanding of cities' issues provide up-to-date perspectives for those new in their roles as leaders in municipal government. This year, the two-day conference will be presented in 2 Minnesota cities--Grand Rapids, January 25-26; and St. Louis Park, February 15-16. I hope one of the conference weekends will work for you--the Conference for Newly Elected Officials is an opportunity not to be missed! Additionally, I encourage you to participate in several of LMC's ongoing conference and training events. Their purpose is to enhance the ability of our public officials to achieve good governance in their cities. LMC's conferences are outstanding opportunities to receive training and support. I hope you'll take advantage of them often. Enclosed is the registration form you'll need to register for the Conference for Newly Elected Officials and to make hotel arrangements. Included are: Better yet, just go to www.lmnc.org and register online! I'm looking forward to seeing you at the Conference for Newly Elected Officials! Sincerely, /Jodie Tooley, Manager Conferences and Training AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER League of Minnesota Cities presents: yo,. Conference Newly Elected Officials Prepare for your new leadership role by learning the basics of local government Get a strong start by attending this two-day conference offering skill-building sessions and opportunities to network with your new peers in city government. Learn the fundamental and key requirements of your new job to ensure you have the skills needed to serve your city--register today! Conference agenda: Friday 1:00 p.m. Welcome 1:15 The Big Picture for Newly Elected Officials 3:15 What City Councils Can and Cannot Do 5:15 Social Hour/Networking 6:00 Dinner and Recognition of Leaders Saturday 8:00 a.m. Host Mayor Greeting 8:15 Finance Fundamentals for the Newly Elected Official 9:30 From Open Meeting Law to Data Privacy 10:45 From Conflict of Interest to Personal Liability 12:00 Lunch 1:00 Government as a Team 2:30 Connecting with Citizens 4:00 Adjourn Registration Form Conference for Newly Elected Officials · Registration fee: $210 Indicate which location you ~511 attend: [] Jan. 25-26, Grand Rapids ~ Feb. 15-16, St. Louis Park City Contact person Telephone number Registrant's name ~tle Address City State Zip Method of payment: [] Cheek or PO enclosed [] Please bill the city C~ I already registered online (make checks payable to or via fax and I'm enclosing League of Minnesota C/t/es) my payment Mail this form with payment to: League of Minnesota Cities, 145 University Avenue West, St. Paul, MN 55103-2044 Fax to: (651) 281-1296 Don't miss this valuable learning opportunity for new mayors, counciimembers, and appointed officials Jan. 25-26, 2002 Grand Rapids Ruttger's Sugar Lake Lodge (800) 450-4555 Feb. 15-I6, 2002 St. Louis Park DoubleTree Park Place Hotel (800) 222-8733 Registration fee:/g210 How to Register: Complete the Registration Form or register online anytime: www. lmne. org (online registrations will be billed). Housing: To make reservations for overnight accommodations, call each hotel directly. Cancellation Policy: All cancel- lation requests must be in writing, faxed or postmarked 7 days prior to the Conference, and are subject to a $30 handling fee. All unpaid registrations not cancelled 7 days prior will be billed at the full conference rate; no refunds will be made. Questions? Call Jodie Tooley (651) 281-1251, Cathy Dovidio (651) 281-1250 or Rebecca Eriekson (651) 281-1222. register online anytime: www. lmnc.org L League af Minnesota Cities Cities promoting excellence 145 University Avenue West, St. PaN, MN 55103-2044 Phone: (651) 281-1200 o (800) 925-1122 TDD (651) 281-1290 LMC Fax: (651) 281-1299 ° LMCIT Fax: (651) 281-1298 Web Site: httpd/www.lmnc.org December 17, 2001 Dear Experienced City Official: Budgets] Tax levies! Fund Balances! State Aid Cuts? And--maintaining critical city services! What's a local elected official to do? City officials are going to face some very challenging and demanding financial decisions over the next few years. One of the most important resources you can develop to help steer your city through these difficult times is the understanding and goodwill of your citizens. This is your special invitation to attend LMC's upcoming Leadership Conference for Experienced Officials! Come to the 2002 Leadersh/p Conference to learn how, as mayor or councilmember, you can be more effective in explaining the complexities of your city's finances, and how to create in the minds of your citizens that important link between what they pay in taxes and what they receive in services. Dan Jordet, Deputy City Manager of Mankato, will demystify the 2001 Property Tax Reform Bill. And he'll share ideas on how to translate your city's budget and spending decisions into concepts that citizens can understand. Then, Lindsay Strand, public relations consultant and former KSTP reporter, will lead an exciting skill-building session on how to communicate effectively with the media and the public on any controversial topic, including those budgets and taxes. City officials get lost in details! Lindsay will explain what the public and media really want to know, and how to answer their questions in a satisfying way. Our conference is called Translation Skills: Communicating Concepts and Controversy to Citizens. This outstanding two-day conference will be presented in 2 Minnesota cities--Grand Rapids, January 25-26; and St. Louis Park, February 15-16. Its registration fee is the same as last year, just $150, which includes speakers, meals and materials. I hope one of the conference weekends works for you--the Leadership Conference is an opportunity not to be missed! Enclosed are materials you'll need to register for the Leadership Conference for Experienced Officials' Conference and to make hotel arrangements. Better yet, just go to www. Jrrmc.or~z and register online! I'm looking forward to seeing you at the Leadership Conference for Experienced Officials! Sincerely, Tooley, Manager Conferences and Training AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Leadership Conference Expe-rienced Officials Budgets! Tax levies! Fund balances! Aid cuts? Maintaining city services! Learn how to understand it all yourself and communicate well with the media and your constituents. Conference Agenda: Friday Saturday 3:00 p.m. Welcome 8:00 a.m. Host Mayor Greeting 3:15 Understanding the 2001 8:15 Skill Building Workshop: Property Tax Reform Bill Learn to Explain Your 5:15 Social HOur/ City's Finances to Your Networking Citizens 6:00 Dinner and 10:30 Break Recognition of Leaders 10:45 Skill Building Workshop cont'd 12:00 Adjourn City Contact person Telephone number Registrant's name Tide Address January 25-26, 2001 Grand Rapids, MN Ruttger's Sugar Lake Lodge (800) 4504555 February 15-16, 2001 St. Louis Park, MN DoubleTree Park Place Hotel (800) 222-8733 This year's conference focus: Translation Skills: Communicating Concepts and Controversy to Your Citizens Featured presenters: DanJordet--Deputy City Manager, Man 'kato Lin&ay Strand---President, Lindsay Strand Associates, Inc. · Registration fee: $150 · · How to Register: Register online anytime ~ at www. lmnc. org (online registrations will · be billed). · · Housing: To make reservations for overnight ~ accommodations, call each hotel directly. · Cancellation Policy: All cancellation requests ~ must bein writing, faxed or postmarked 7 days · prior to the conference, and are subject to a ~ $20 handling fee. All unpaid registrations not · cancelled 7 days prior will be billed at the ~ full conference rate; no refunds will be made. · Questions? ] CallJodieTooley (651) 281-1251, · Cathy Dovidio (651) 281-1250, · · or RebeccaErickson (651) 281-1222. Registration Form Leadership Conference for Experienced Officials · Registration fee: $150 Indicate which location you will attend: IZI Jan. 25-26, Grand Rapids I-I Feb. 15-16, St. Louis Park Method of payment: O Check or PO enclosed (make checks payable to League of Minnesota Cities) UI Please bill the city Ul I already registered online or via fax and I'm enclosing my payment City State __ Zip Mail this form with payment to: League of Minnesota Cities, 145 University Avenue West, St. Paul, MN 55103-2044 Fax to: (651) 281-1296 register online anytime: www. lmnc.org CITYOF CHANHASSEN 690 Cio, Co.er Drive PO Box 147 C/.~,hasse,, Mi,,esoz 55317 PhOlle 952.937. I900 Ge,eral Fax 952.937.5739 E, gi, eeri,g Deparn, e,t Fax 952,93,7.9152 B,ildi,g Department Fax 952.934.2524 l13b Site WZ~'IU. ~J. (hdl#)dS.c.~'iL lltil. I15 December 14, 2001 Mr. James N. Anderson President & Chief Executive Officer 7951 Powers Blvd. Chanhassen, MN 55317 Dear James' Thank you for your letter of December 12th notifying the City that we can continue to use Instant Web property as a soccer field! That is great news! With the growth of our community, finding and maintaining quality recreation fields has become a real challenge. The City has always appreciated your company's willingness to lend a hand whenever possible. We welcome the opportunity to maintain the "Instant Web" soccer field again in 2002. Wishing you and yours a happy holiday season! Sincerely, Todd Hoffman Park & Recreation Director TH:k C: k,Todd Gerhardt, City Manager lxMayor & City Council Park & Recreation Commission Jerry Ruegemer, Recreation Superintendent Dale Gregory, Park Superintendent Susan Marek, Recreation Center Manager mon Mon Mon Tues Tues Tues Tucs Fri Fri Sun Sun Dec Dec Dec Dec Dec Dec Dec Dec Dec Dec Dec 3 9:01 AM 3 10:22 AM 3 2:28 PM 4 4:20 AM 4 10:59 AM 4 4:13 PM 4 6:13 PM 7 6:17 PM 7 10:16 PM 9 8:29 AM 9 11:13 PM CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE grEEK OF DECEMBER 3 - DECEMBER 9, 2001 Bluff Creek Drive Lake Lucy Rd & Powers Blvd Market Boulevard Buckingwood Court Lakeview Road East Chaska Fire Dept Near Mountain BlVd Elm Tree Avenue Audubon Rd & Lake Drive W Frontier Trail Marsh Drive Medical - chest pains Car accident, cancelled, no injuries Fire alarm - false alarm, no fire Medical - heart problem Medical - possible stroke Mutual Aid - house fire Medical - trouble breathing Medical - chest pains Car accident with injuries Medical - possible stroke Medical- seizures CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF DECEMBER 10 - DECEMBER 16, 2001 Moll Mon Mon Mon Tues Tues Tues Weds Weds Weds Weds Thurs Thurs Thurs Fri Sat Sun Sun Dec 10 11:17 AM Dec 10 5:49 PM Dec 10 6:22 PM Dec 10 10:06 PM Dec 11 12:14 AM Dec 11 3:06 PM Dec 11 5:56 PM Dec 12 12:18 AM Dec 12 4:42 PM Dec 12 5:49 PM Dec 12 9:02 PM Decl3 7:17AM Dec 13 10:00 AM Dec 13 7:23 PM Dec 14 9:14 PM Dec 15 6:04 PM Dec 16 2:57 PM Dec 16 3:23 PM Santa Vera Drive Longacres Drive Arboretum Drive Preakness Lane Highway 5 & Dakota Ave Hazeltine Boulevard Chan View Castle Ridge Court Heartland Way Chanhassen Road West 78th Street Highway 212 & Highway 101 Century Boulevard Pontiac Lane Pauly Drive Highover Court North Cypress Lane Valley Ridge Trail South Medical - person collapsed, unknown problem Medical - allergic reaction Permit burn Medical - difficulty breathing Car accident with injuries Permit burn Medical - dislocated hip Medical - unknown problem Possible gas leak, unfounded Smell of smoke Medical - person fainted Car accident - no injuries Assist clean up Medical - heart attack Medical - diabetic reaction Medical - unknown problem Tree fire Fire Alarm - false alarm, no fire mon Mon Mon Mon Mon Mon Tues Tues Tues Tues Weds Thurs Fri Sat Sat Sat Sat Sat Nov Nov Nov Nov Nov Nov Nov Nov Nov Nov Nov Nov Nov Dec Dec Dec Dec Dec 26 10:38 AM 26 3:00 PM 26 3:45 PM 26 4:48 PM 26 6:03 PM 26 6:08 PM 27 6:34 AM 27 8:37 AM 27 1I:17 AM 27 7:49 PM 28 8:39 PM 29 12:40 PM 30 1:23 PM 1 3:46 AM 1 9:53 AM 1 12:42 PM 1 8:36 PM 1 9:39 PM CHANHASSEN FIRE DEPARTMENT FIRE/RESCUE WEEK OF NOVEMBER 26 - DECEMBER 2, 200 I Stoughton Avenue Fire alarm - false alarm, no fire Highway 101 & Kurvers Pt Rd Car accident - cancelled, unfounded Stone Creek Lane West Medical - broken collarbone Highway 5 & Arboretum Dr Car vs. power pole - no injuries Highway 101 Power line down Highway 212 & Bluff Creek Dr Power line down Leslee Curve Carbon Monoxide Alarm Arboremmn Blvd Medical- facial injury West 78th Street Medical- allergic reaction Pontiac Circle Medical - person fell Powers Blvd & Devonshire Dr Power lines doWn Chaska Fire Dept Mission Hills Lane Longacres Drive Santa Vera Drive West 78th Street Audubon Road Choctaw Road Mutual aid- house fire Medical - head injury Medical - heart problems Medical - stroke Medical - head injury Medical - difficulty breathing Medical - diabetic reaction CIT¥OF d90 GO, Ce,rev Drive PO £ox 147 Ch,,/Jmse,, ?E,,csota 55317 952.93Z ]900 952.9375739 Engi, eer/,g Depm'tme, t Fax 952.9379152 B,i/di,g Depa;'tme,t Fax 952. Q34. 2524 I¥Fb Site November 15.2001 Mr. Daryl Kirt 50 Water Street Chanhassen, MN 55317 Re.' Request for Information on Property in Southwest Comer of Kings Road and Minnewashta Parkway Northwest Quarter of Section 8, Chanhassen, Minnesota Dear Mr. Kirt: On October 29, 2001, you and your son met with City staff on-site at the above location. We discussed the extent of wetland on your property, the upgrade of Minnewashta Parkway, the outlet for Lake St. Joe, Roundhouse Park and the Oaks of Minnewashta subdivision. City staff agreed to supply you with additional information about the items we discussed. Below please find the information discovered by staff regarding your questions about the property. Also, staff has enclosed copies of drainage calculations and grading plans per your request. Storm Water .Pond In conjunction with the upgrade of Minnewashta Parkway. the City acquired an easement for a storm water pond on the west side of Minnewashta Parkway. ,~,. pond was constructed within the easement in order to treat the storm water from Minnewashta Parkway. This pond is currently flmctioning and will continue to function with regular maintenance. Attached with this letter are the easements agreements for the pond construction. It appears the pond is consistent with the easement agreement. Lake St. Joe The invert of the 42" culvert under Minnewashta Parkway is not and should not be the control elevation for Lake St. Joe. (According to the plans for the Minnewashta Parkway project, the elevation of the pipe is approximately 1.8 feet lower tbar~ the ordinary high water elevation of Lake St. Joe.) There is a different control point that determines the elevation at which Lake St. Joe discharges into Lake Minnewashta. Staff has not identified the precise location of this control point; however, staff will continue investigation. Drainage from Property North of Kings Road Prior to the improvement of Kings Road, there was a culvert that ran from north to south onto the subject property. When Kings Road was improved in conjunction with the Oaks of Mirmewashta subdivision, the existing culvert was removed and a new culvert was installed. The new culvert was installed so that it discharged onto Outlot A of the Oaks of Minnewashta. This outlot is owned by the City. It appears from the approved plans for the subdivision that a depression (approximately 4 feet in depth) was proposed on City property in order to receive the storm water The. City The Otv o£C/m,hasse,, zt .~;',l~,i,r comm,,it~. ,,it/~ c/e,, h~kes. ,,,/it~, ,cho,h. , ch,,~,i,v d,,,,tr,,,,, tl,'i,i,v h,,i,x,ec ,,d /~e,,tif,/ /~,r3, .4 a;'e,t /~/,re to h will study the feasibility of constructing a storm water pond on Outlot A, as well as the clean-up of the debris on the outlot, in conjunction with its Surface Water Management Plan. Fill on Outlot A, Oaks of Minnewashta The fill on Outlot A existed prior to the City's acquisition of the property in 1994 (in conjunction with the Oaks of Minnewashta subdivision), so the City could not have been responsible for depositing the fill in that location. From aerial photographs, it appears that there once was a building in the approximate area of the fill. It is possible that the building was demolished and the debris was never removed from the site. When we were on site, you indicated that the storm water from the culvert under Kings Road used to flow to the west and that that drainage was interrupted when the fill on Outlot A occurred. Upon review of aerial photography and pre-development contours for the area, it appears tha, t the general drainage pattern of the area is toward the southeast (i.e., that water from the north and west sides of the property drains south and east toward the storm water pond and culvert under Minnewashta Parkway). Although there may have been some minor drainage patterns that were interrupted by the fill, it is not likely that the fill had a large impact on the overall drainage pattern. Assessments : · The property at 7052 Minnewashta Parkway was assessed for two units. One of the assessments has been certified to the taxes and is being paid off. The other assessment was deferred. If it were determined that an additional lot could created that assessment would be $760.00 Utility Boxes The'City has no permits on file for the utility .boxes .near the intersection of Minnewashta Parkway and Kings Road. Please contact the appropriate utilities if you have questions about their location and permission. If you have questions about the above information or the enclosed calculations and plans, please contact me at 952/227-1139. Sincerely, CITY OF CHANHASSEN Kate Aanenson Cormnunity Development Director CC' Todd Gerhardt, City Manager Matt Saam, Project Engineer Lori Haak, Water Resources Coordinator