HomeMy WebLinkAbout9.a. 1992 Legislative Summaryr
CITY OF ROSEKOUNT
EXECUTIVE SU19FARY FOR ACTION
CITY COUNCIL MEETING DATE: MAY 19, 1992
AGENDA ITEM: 1992 LEGISLATIVE SUMMARY
AGENDA SECTION:
ADMINISTRATOR'S
REPORT
PREPARED BY: STEPHAN JILK, CITY ADMINISTRATOR
AGENDAXn-
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1
ATTACHNETTS: ASSOCIATION OF METROPOLITAN
APP OVE BY:
MUNICIPALITIES REPORT
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The Association of Metropolitan Municipalities (AMM) has provided a summary
of 1992 Legislative Actions and how those actions affect cities. This
summary is attached for your review.
I will present a few comments on this report for discussion and information
purposes.
RECOMMENDED ACTION:
None.
COUNCIL ACTION:
t
as ociation of
metropolitan
municipalities
May 12, 1992
TO: Mayors and Managers/Administrators and Legislative
Contact Persons.
FROM: Vern Peterson, Executive Director
Roger Peterson, Director, Legislative Affairs
SUBJECT: FINAL SUMMARY OF MANOR AMM ISSUES AND BILIS
Enclosed is the final summary of major AMM issues and bills
impacting policy, including a slightly modified previously
distributed tax bill summary.
Also attached is a status graph of all AMM policies. Of the
65 AMM action policies, 38 were passed or upheld fully (58
percent),. 5 were partially accomplished (8 percent), 13 were
not discussed this session, and 9 failed. As you can see,
approximately two-thirds of all AMM policy was either fully
or partially accomplished in the 1992 session.
DISTRIBUTION NOTE: This mailing is being sent to
managers/administrators, and AMM contact persons.
Managers/administrators are asked to please make
other council persons and interested staff.
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183 university avenue east, st. paul, minnesota 55101 (612) 227-4008
mayors,
copies for
SUMMARY OF 1992 AMM LEGISLATIVE POLICY AND ACTS OF INTEREST TO
AMM CITIES
A. Tax Issues - Omnibus Bill (Laws 1992, Chapter 511) (page 3)
1. No Levy Limits - Reporting requirements
2. Presidential Primary Reimbursed
3. Sales Tax on Non School Local Government
4. 1992 LGA and HACA
5. Local Government Trust Fund - Now and the Future
6. Financial Reporting Study
7. Tax Increment Financing
8. Truth in Taxation Changes
9. Local Sales Taxes Authorized
10. Estimated 1992 Sales Tax shortfall and cuts
B. Major Policy Issues Not Tax Related (page 7)
1. Waste Management Act Amendments (Laws 1992, Chapter 593)
2. Metropolitan Water Supply (HF 1977/SF 1958).
C. Other Policy Issues Passed in 1992 (page 9)
1. Regional Parks O and M Funding (Laws 1992, Chapter 513)
2. Regional Parks Capital Funding (Laws 1992, Chapter 558)
3. Large Trucks - Triple Trailers (Federal Laws. ISTEA)
D. Other Issues Of Interest (Policy And Non Policy) (page 10)
1. Uniform Land Use Planning (HF 1983/SF 1828)
2. Metro Council Role and Authority (HF 1531/SF 1323)
3. Metro Sewer Extension Funding Restricted (HF 1778/SF
1656)
4. Transportation Issues
5. Oppose Reduction of Local Control
6. City Fund Balances
7. Public Employee Retirement Health Benefits (Laws 1992,
Chapter 488)
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A. 1992 Omnibus Tax Bill - (Laws 1992, Chapter 511)
LEVY LIMITS REPEALED - TRUST FUND PROTECTED
1. NO LEVY LIMITS: For the first time in over two decades there
are no general levy limits for cities or counties. Not only
are the restrictive Chapter 275.50 levy limits gone but so are
the older per capita and general -rate limits that mainly
impacted smaller cities.
LEVY REPORTING: Cities over 2,500 population, Towns over 5,000,
and Counties must report their annual levy no later than
January 30 of the effective year or face an LGA or CSSA
reduction of 5%. Items that must be reported are: debt levy,
social service levy, library levy, and all other levy.
2. PRESIDENTIAL PRIMARY REIMBURSED: The legislature allocated
$2.5 million (2.2 for cities, .3 for counties) from the General
Fund not local government trust fund to reimburse local .
government for costs related to the April 7 Presidential
Primary. Although the total amount is small, it represents a
moral victory for cities since in the original tax bills, the
House reimbursement reduced LGA out of the trust fund and the
Senate made no reimbursement at all.
3. SALES TAX ON NON SCHOOL LOCAL GOVERNMENT: All local units of
government including special districts but excluding schools
will have to pay the 6.5% sales tax starting June 1, 1992 on
purchases of materials and goods that are subject to sales tax
paid by individuals. Purchases made by local government
operated hospitals, nursing homes, and library service material
are exempt.
This tax raises $68 million and replaces the original
Governor's proposal to cut $66 million of LGA from the 1992 aid
distributions. Although bad public policy, it is fairer in that
all non school local units participate rather than only some
cities. Since the state's year is from July thru June of 1993
the cost to cities is cut in half for 1992 and spread between
general fund and special funds. With no levy limits in 1993,
the future sales tax cost may be recovered through increased
levy at the local units discretion.
MVET: Sales tax on vehicles was not changed. Public safety
vehicles remain exempt of MVET. No new sales tax is imposed on
other public vehicles currently paying MVET.
4. 1992 LGA and HACA: Imposition of the sales tax on local
government replaced a raid on the Local Government Trust Fund
distribution for cities fiscal year 1992. However, the last
formal revenues forecast by the state projected a sales tax
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shortfall of $6.7 million from the 1992 distribution. Based on
the original intent that cities would gain or lose per sales tax
revenue, there is a projected $6.7 million LGA/HACA cut for the
December payment. The next official forecast is in November.
If sales tax continues to come in above current forecast, there
might be no December cut. of course, it could go the other way
and create a larger cut.
PROJECTED $6.7M SHORTFALL: Attached is a list of AMM cities
estimated December aid cuts. Because of a drafting irregularity
the base used is 1991 instead of 1992. The total city cut is
$3.3 million of which $2.0 million is metro. This run
supercedes earlier AMM runs dated 4/15. It reflects slightly
higher cuts. (see page 6).
5. LOCAL GOVERNMENT TRUST FUND - NOW AND THE FUTURE: The LGTF
integrity was basically maintained for 1992 and the next biennium
understanding that some adjustment had to be made in the amount
remaining for 1993/94 LGA because of the disagreement between
the governor and legislature at the end of the last session.
The LGTF revenue is increased by 2 cents of the 6.5 cent sales
tax on local government. All of the non property tax relief
programs such as interest and income maintenance are removed
while several property tax relief programs such as homeowners
(circuit breaker) relief and Mobile Home HACA, etc. are
inserted. The spending is thusly adjusted so that the final LGA
increase for 1993 is 3% with no forecasted increase for 1994.
HACA buy downs for high valued home and C/I rate reduction as
well as normal growth was protected. LGA, Equalization Aid and
Disparity Reduction Aid was protected and provided some growth.
Unlike the administration proposal whereby new or excess growth
returned to the general fund, this bill provides that growth be
allocated to increasing LGA, equalization aid, CSSA, and
corrections aid. The Trust Fund Integrity was maintained,
barely. The future is shaky at best, but the LGTF framework
does provide a powerful disincentive for cutting.
6. FINANCIAL REPORTING STUDY. Nearly $3.0 million over the next
three years was -allocated to development of a new local
government financial reporting system. The legislature wants
more comparable data and computer access to data on a timely
basis.
7. TAX INCREMENT FINANCING. No new general TIF provisions were
adopted. TIF for pollution abatement was provided for two
specific projects, one in St. Louis Park and one in St. Paul.
Richfield is allowed to change the TIF Fiscal Disparity payment
from project to city.
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8. TRUTH IN TAXATION CHANGES: The name has been changed to
`Proposed and Final Tax Notice'. A number of dates change. Aid
certification by the state changes from October 1 to September
1. The proposed levy must be certified to the County Auditor by
September 15 instead of September 1. Overlapping jurisdiction
certification changes from September 5 to September 20. Notice
date changes from November 10 to between the 10th. and the 24th.
All counties now must send parcel specific notices to each
property and clearly show the market value and whether the
property is homestead or not.
Publication notices are changed to eliminate the need to specify
a continuation hearing, and to delete the quarter page requirement.
The advertisement will merely be a hearing notice including
date, time, place, etc.
Counties must hold their hearing the first Tuesday of December.
Schools and Cities are allowed to set their own date between
November 29 and December 20.
9. LOCAL SALES TAXES AUTHORIZED: Minneapolis is authorized to
create `Neighborhood early learning centers' and a governing
board in conjunction with the School District. The city is
allowed to appropriate proceeds of convention center sales tax
up to an amount equal to revenue generated by refunding the
current bonds for the board operation. Duluth sales tax cannot
be repealed by referendum until bonds issued prior to January 1,
1993 or bonds issued to refund those bonds are repaid.
Rochester is allowed a one half cent general sales tax and $20
local excise tax on motor vehicles (MVET) to build a fire
station, city hall and public library facilities ($28.76M max.).
The following four require a referendum:
Roseville, 2% Hotel Motel Tax for Multiuse speed skating and band
facility; Brooklyn Center, 1% Food and Beverage for housing
rehabilitation for primarily low income people; Ely, 1% general
sales plus $20 local MVET for Ely Wilderness Gateway Project
convention/interpretive center ($20M max); and Thief River
Falls, 1/2% general sales plus $20 local MVET on autos and farm
equipment for area tourism convention facility ($15M max.).
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rAAxxx OF METROPOLITAN MUNICIPALITIES
ESTIMATED 1992
Assuming a
AID REDUCTIONS UNDER THE
$6.7 million cut spread
CONFERENCE COMMITTEE COMPROMISE
against the aids
counties, and special taxing
of cities,
districts.
Est. 1992
Revenue
Aid
Cut as % of Cut as
% of
-------------------------------------------------------------------------
Total Aid
Base
Cut
Total Aid Rev.
Base
ANOKA
1684297
3977924
11990
0.7%
0.3%
APPLE VALLEY
2538728
8508514
26162
1.0%
0.3%
ARDEN HILLS
28230
1529678
4664
16.5%
0.3%
ItAYPORT
152636
986123
2683
1.8%
0.3%
I'LAINE
2552701
6591757
18875
0.7%
0.3%
BLOOMINGTON
2942579
24143612
71285
2.4%
0.3%
BROOKLYN CENTER
2837420
7774391
23102
0.8%
0.3%
BROOKLYN PARK
3942646
11618189
35547
0.9%
0.3%
BURNSVILLE
2922211
12266315
37787
1.3%
0.3%
CHAMPLIN
1233866
3086190
9436
0.8%
0.3%
CHANHASSEN
775674
3240900
9531
1.2%
0.3%
CHASKA
CIRCLE PINES
514809
430827
1472042
908838
4634
2833
0.9%
0.7%
0.3%
0.3%
COLUMBIA HEIGHTS
2820169
5232083
15925
0.6%
0.3%
COON RAPIDS
4355665
9519865
28905
0.7%
0.3%
COTTAGE GROVE
2139636
5649455
16849
0.8%
0.3%
CRYSTAL
2668736
5713512
17112
0.6%
0.3%
DAYTON
198624
751097
2252
1.1%
0.3%
DEF.PHAVEN
128137
950272
2899
2.3%
0.3%
PAGAN
1320473
10401369
31033
2.4%
0.3%
EDEN PRAIRIE
81002
12887800
38745
47.8%
0.3%
EDINA
274437
10456761
31672
11.5%
0.3%
FALCON HEIGHTS
321099
810184
2471
0.8%
0.3%
FRIDLEY
2442641
6230425
19762
0.8%
0.3%
GOLDEN VALLEY
1553607
7224974
22218
1.4%
0.3%
HASTINGS
2036816
4725575
14497
0.7%
0.3%
HOPKINS
1594556
5421779
16757
1.1%
0.3%
INVER GROVE HEIGHTS
1193261
5073803
14985
1.3%
0.3%
LAUDERDALE
102916
443638
1353
1.3%
0.3%
MAHTOMEDI
364389
1273663
3696
1.0%
0.3%
MAPLE GROVE
1941496
8288562
24201
1.2%
0.3%
MAPLEWOOD
2041467
7820273
24104
1.2% -
0.3%
MENDOTA HEIGHTS
303073
2509328
7220
2.4%
0.3%
MINNEAPOLIS
85872388
182774398
566904
0.7%
0.3%
MINNETONKA
1518688
13094988
40169
2.6%
0.3%
MOUND
711890
1971477
6029
0.8%
0.3%
MOUNDS VIEW
891513
2158409
6278
0.7%
0.3%
NEW BRIGHTON
1397886
3776640
11234
0.8%
0.3%
NEW HOPE
1778929
5255716
15371
0.9%
0.3%
NORTH ST PAUL
894929
1831275
5512
0.60,
0.3%
OAKDALE
1401699
3782461
10741
0.8%
0.3%
ORONO
94423
1961381
5227
5.5%
0.3%
OSSEO
177271
502497
1510
0.9%
0.3%
PLYMOUTH
1413712
10240735
30413
2.2%
0.3%
PRIOR LAKE
765679
2830859
8343
1.1%
0.3%
RICHFIELD
4771615
9864139
30077
0.6%
0.3%
ROBBINSDALE
2302600
3950992
12051
0.5%
0.3%
ROSEMOUNT
818614
3035972
8856
1.1%
0.3%
ROSEVILLE
1604197
6939544
21015
1.3%
0.3%
SAINT ANTHONY
425944
1726000
5397
1.3%
0.3%
SAINT FRANCIS
107958
507136
1547
1.4%
0.3%
SAINT LOUIS PARK
4450676
12574684
40180
0.9%
0.3%
SAINT PAUL
56673970
122415018
379777
0.7%
0.3%
SAINT PAUL PARK
611583
1097478
3397
0.6%
0.3%
SAVAGE
485420
2331452
6756
1.4%
0.3%
SHAKOPEE
516254
2757938
8244
1.6%
0.3%
SHOREVIEW
846141
4272892
13042
1.5%
0.3%
SHOREWOOD
267008
1864577
5664
2.1%
0.3%
SOUTH ST PAUL
3356807
6327919
19511
0.6%
0.3%
SPRING PARK
86214
531521
1522
1.8%
0.3%
STILLWATER
1607648
4227782
13250
0.8%
0.3%
WAYZATA
154012
1597700
• 4868
3.2%
0.3%
WEST ST PAUL
1947531
4945873
15214
0.8%
0.3%
WHITE BEAR LAKE
1505608
3901593
12066
0.8%
0.3%
WOODBURY
1076501
4891432
14953
1.4%
0.3%
WOODLAND
12422
143349
414
3.3%
0.3%
Association of Metropolitan Municipalities
4./20/92 -- Van Wychen -
B. Major Policy Issues Not Tax Related
1. Waste Management Act Amendments (Laws 1992, Chapter 593).
Makes a number of changes to the Metropolitan Waste Management
requirements but only a few changes directly impact cities.
a. Requires that state agencies, when feasible, shall purchase
recycled materials when the price of recycled materials does
not exceed the price of non recycled materials by more than
10 percent.
b. Requires that all public entities, whenever technically
feasible, shall purchase and use degradeable loose foaming
packing material manufactured from vegetable starches or
other renewable resources, unless the cost of the packing
materials is more than 10% greater than the cost of packing
materials made from nonrenewable resources.
c. Authorizes the Director of the Pollution Control Agency,
after consultation with the Metropolitan Council, local
government units and the Commissioner of Administration to
adopt rules to establish uniform methods for collecting and
reporting waste reduction, generation, collection,
transportation, storage, recycling, processing, and disposal
statistics necessary for proper waste management and for
reporting required by law. Rules adopted under this
provision apply to all persons and units of government in
the state for the purpose of collecting and reporting waste
related statistics requested under or required by law.
d. Establishes a state goal of reducing the amount of packaging
material used per capita by 25% by the end of 1995. Sets up
a process to establish the baseline for this reduction and
to measure the amount of reduction achieved on a yearly
basis.
1. Clarifies that solid waste hauler licensing authorities
(cities, counties, towns) shall require licenses to
impose charges for collection of mixed municipal solid
waste that increase with the volume or weight of the
waste collected (effective 8/1/92).
2. Further mandates that licensing authorities that require
a pricing system based on volume instead of weight to
determine a base unit size for an average small quantity
household generator and establish a multiple unit
pricing system that ensures that amounts of waste
generated in excess of the base unit amount are priced
higher than the base unit price (effective 1/1/94).
3. Imposes the same (above) requirements on local
government units that collect charges for solid waste
hauling directly from waste generators. (effective
1/1/94) .
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f. TELEPHONE DIRECTORY DISPOSAL:
1. Telephone directories may not be disposed of in mixed
municipal solid waste by any person (effective 8/1/93).
2. Requires publishers or distributors of telephone
directories to provide for the collection and delivery
to a recycler of waste telephone directories and inform
recipients of directories of the collection system.
g. VARIOUS WASTE DISPOSAL STUDIES:
1. Directs the Legislative Commission on Waste Management
to study the existing system for managing automobile -
related wastes and if necessary, recommend appropriate
legislation for consideration during the 1993
legislative session to ensure that materials from
automobiles that cause damage to the environment are
properly removed and managed during maintenance and
prior to recycling or disposal of the automobile and to
ensure that automobile hulks are properly recycled or
disposed.
2. Directs the director of the office of waste management
to make a preliminary assessment of the need for
additional regional solid waste management capacity in
the state, including the metropolitan area by July 15,
1993. The assessment shall include input by the Chair
of the Metropolitan Council and shall be submitted to
the Legislative Commission on Waste Management.
3. By October 9, 1994, the MPCA Commissioner must inspect
all solid waste disposal facilities (landfill) and
portions of facilities that have stopped accepting waste
by October 1993 to determine the status of closure
activities and to evaluate the environmental and public
health threats posed by the facility. The commissioner
must establish a priority list of the evaluated
facilities based on the relative risk of danger to
public health or welfare or the environment, taking into
consideration to the extent possible the population at
risk, the hazardous potential of substance at this
facility, the potential for contamination of drinking
water supplies, etc.
h. REGIONAL HAZARDOUS MATERIALS RESPONSE TEAM:
The Public Safety Commissioner after consultation with
appropriate parties and various state department
commissioners must adopt rules to implement a statewide
hazardous materials incident response plan. The plan must
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include:
-the locations of up to five regional hazardous materials
response teams.
-the number and qualifications of members on each team.
-the responsibilities of each team.
-procedures for soliciting and contracting with local
governments or nonpublic persons to establish vigorous
hazardous materials response teams.
-procedures for dispatching teams at the request of local
governments.
-fee schedule for reimbursing local governments responding
to an incident.
-during operations authorized under the state response plan,
members of a regional hazardous materials response team
operating out of their geographic jurisdiction are
`employees of the state' for liability and workers
compensation purposes.
Various effective dates. Most provisions effective August
1, 1992.
2. Metropolitan Water Supply (HF 1977/SF 1958). This bill as
introduced was a compromise between the AMM and the
Metropolitan Council. The council had originally proposed
that water supply become the fifth Metropolitan System and
have the same status as Transportation, Sewers, Airports and
Parks and Open Space. The bill as introduced did not make
water supply a system but did require that cities prepare a
local water supply plan that was subject to review and
comment by the Metropolitan Council. The bill did not pass
and is likely to be reintroduced early in the 1993 session
by the Council.
C. Other Policy Issues Passed in 1992
1. Operations and Maintenance Funding for Regional Parks (Laws
1992, Chapter 513).
The regional parks in the Metropolitan Area which are
operated by cities and counties serve the same function as
state parks in Outstate Minnesota. Since the state pays 100
percent of the costs of operating state parks, AMM policy
calls for the state to provide supplemental funding to the
metro cities and counties which operate regional parks.
$2.356 million was provided for the second year of the
biennium in this bill. $2.7 million was provided in 1991
for the first year of the biennium.
2. Capital and Acquisition Funding for Regional Parks (Laws
1992, Chapter 558).
This act provides $4,550,000 for Capital and Acquisition
=S
needs for the regional parks which are owned and operated by
cities and counties in the Metropolitan Area. This amount
was far less than requested but keeps `alive' the concept
that since these regional parks serve the same purpose as
state parks in rural Minnesota, the state has some financial
obligation for these parks.
3. Large Trucks - Triple Trailers. (1991 Federal Intermodel
Surface Transportation Efficiency Act - ISTEA).
AMM policy for several years has opposed allowing longer
trucks or triple trailer truck combinations into Minnesota
based on highway modification costs and safety factors. We
have succeeded in holding off action in Minnesota long
enough. The 1991 Federal Act (ISTEA) prohibits the
extension of long trucks or triple trailers into any states
beyond those which currently allow them. Thus, the
Minnesota legislature is now prohibited from acting in the
affirmative for longer trucks.
D. Other Issues of Interest (Policy and Non Policy)
1. Uniform Land Use Planning (HF 1983/SF 1828).
After five years of continued effort on the part of the AMM
and a special task force chaired by Mark Bernhardson, a
compromise uniform state land use planning bill acceptable
to the AMM was introduced in the 1992 session. The AMM had
successfully held off passage of earlier versions not
acceptable to the AMM in each session since 1987. The bill
as introduced did not reduce local flexibility or local
control and eliminated the conflicts between it and the
Metropolitan Land Planning Act. Unfortunately the bill was
introduced late in the session and time ran out before it
could be heard due to the early committee deadlines. The
bill did pass out of the Senate Local Government Committee
and is expected to be reintroduced in the 1993 session.
2. Metropolitan Council role and authority (HF 1531/SF 1323).
This bill as introduced made a number of changes in the
relationship between the Metropolitan Council and the
regional agencies such as the RTB, MWCC, etc. It generally
strengthened the oversight authority that the Council has
with respect to the agencies. One provision of the bill
would have also expanded the council's authority with
respect to local comprehensive plans. Currently, the
Council can only require local plan modifications when the
local plan would have a substantial negative impact on one
of the four metropolitan systems. This has been interpreted
to mean a physical impact on a system. This bill would have
expanded the authority to mean just a substantial impact on
a plan itself. The bill did not pass.
0-01M
3. Metro Sewer Extension Funding Restricted (HF 1778/SF
1656).
The bill as introduced and later amended would have
prohibited regional financing for sewer interceptors and
treatment plants outside of the "developed area" as defined
by the Metropolitan Council. The bill would have
re-established sewer service -districts to fund expansion of
interceptors and treatment plants on a sub -regional basis. The
AMM led and organized the opposition to this bill and kept
it from passing in its intended form. A provision was put
in Laws 1992, Chapter 601 to set up a study to be conducted
by the Humphrey Institute at the University of Minnesota.
The study is intended to identify the impacts and
consequences of financing the metropolitan sewer system on a
sub -regional basis as described in the original bill.
4. Transportation - Highway and Transit Funding, etc.
This was to have been a big year for Transit and Highway
funding because of the need to provide additional dollars
for matching the Federal Transportation Bill (ISTEA) `Pork'
projects. However, something happened on the way to passage
called Ego and Politics.
Transit money needs statewide, but specially metro, are
becoming critical in the eyes of many legislators as well as
the traditional users/providers/promoters. Thus, some
legislators decided early that in order to pass an increased
gas tax, there needed to be a corresponding transit funding
provision. The House chose a constitutionally questionable
sales tax on gas at the wholesale level. The senate chose
an unpopular sales tax on auto repair service.
The House Transportation Committee chair refused to hear any
transportation tax bills until the Governor had specifically
and publicly endorsed a tax increase. This did not happen
until very late and therefore there were no hearings in the
House until the last two weeks. The Senate Transportation
Finance chair insisted that all Transportation related issues
be wrapped into one Omnibus bill, basically as a ploy to
insure that transit funding stayed in. Because of these
decisions, they ran out of time before meaningful compromise
could even be started.
Besides the loss of Transit and Highway funding, provisions
for the Transportation Service Fund (Policy V -G), adding a
metro person to the MSA screening committee (Policy V -M),
and increasing the MSA mileage limit (Policy VI -K) were also
lost.
Next year must be better or a real problem will develop in
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matching the ISTEA `pork' projects list in Minnesota. Many
of the specifically funded matched projects are of
significant priority.
5. Oppose Reduction of Authority or Local Control.
This is a reactive policy opposing issues of intrusion on
local government and therefore has no bill or chapter
numbers when successful. This year, two issues are worth
reporting. Both were defeated in last minute conference
committee action and only after significant lobbying.
One provision would have prohibited public employee personal
use of a public vehicle. This would have impacted vehicles
used by city managers, administrators, department heads,
public works directors, police and fire chiefs, etc. as well
as county and school persons.
The second provision would have required all cities to hold
their Truth in Taxation hearing on the first Wednesday of
December. Besides being flagrant micro managing, this day
normally falls during the National League of Cities
Convention as it does this year. The provision was changed
to allow local choice in conjunction with the county and
schools between November 29 and December 20.
6. City Fund Balances.
Once again the legislature did not do anything to city fund
balances or attempt to utilize them. However, there was
significant discussion in Tax and Local Government Committees
dealing with outdated (1990) data that showed some cities
with significant cash balances. The legislature did fund an
activity to develop uniform accounting and on line access to
current data for cities (see tax bill description item 6).
There was some talk, although not serious, of changing city
fiscal years to match the legislature thus eliminating the
need for cash flow between January 1 and June 15. As time
goes on and state funds continue to be short and LGA exists
it appears that greater attention is being paid to city fund
balances, especially unencumbered fund balances.
7. Public Employee Retirement Health Benefits (HF 1873, Laws
1992, Chapter 488). In essence this bill will require public
sector employers to permit retiring employees to continue in
the group hospital, medical, and dental plan applicable to
active employees. The retired employee may carry the same
coverage carried prior to retirement or reduce coverage from
family to single. The retired employee may be required to
pay the entire premium. The retired employee to age 65 is
included as part of the group for rate calculation, but may
continue coverage until any age. The act is effective at
-12-
the time of the next employee contract review or
hospitalization plan renewal. For additional information
refer to the LMC Cities Bulletin Number 13 dated May 8,
1992.
-13-
AMM POLICY SUCCESS IN THE 1992 LEGISLATURE
Policy
Policy Description
Priority
Policy Action
Chapter
Comment
Number
The Board of Directors took action on bills that contained issues not covered * ctly by AMM policy,
BOD -1
Local Government
Passed
Laws 1992;
The omnibus tax bill basically maintains the
Trust Fund
Chapter 511
integrity of the LGTF. Some exchanges were
Distribution
made for non -property tax relief items. The
down side is that the next biennium growth
for LGA was reduced significantly from the
passed/vetoed 1991 version.
BOD -2
Uniform Accounting
Partially passed
Laws 1991;
Nearly $3 million over the next three years
for Cities
Chapter 511
was provided to develop and implement a
uniform accounting system with quick access
capability.
BOD -3
Surface Water
Upheld
The AMM opposed the Metropolitan
Management
Council's attempt to expand the definition of
the wastewater treatment (sewer) policy plan
to include surface water runoff in the
Minnesota River Valley as part of the system
plan. A compromise was struck in that cities
will be asked to comply with some "good
management practices" pertaining to storm
water runoff quality.
BOD4
Transit Facilities
Partially passed
Laws 1992;
$62 million bonding over three years was
Initiatives; Transit
Chapter 579
approved for capital expenses to implement
Vision
the RTB/Met Council programs. However, no
operational funds were provided.
BOD -5
MWCC/Met Council
Upheld
Laws 1992;
The bill as introduced would have prohibited
Sewer Extension
Chapter 601
regional financing for metro sewer expansion
Funding Prohibited
outside of the developed area as defined by the
Metropolitan Council. The AMM was
successful in leading the charge against this
bill. The bill was ultimately amended to be
only a study which will be conducted by the
Humphrey Institute and completed before the
1993 legislative session.
BOD -6
Sales Tax on Local
Passed
Laws 1992;
AMM reluctantly and conditionally supported
Government -
Chapter 511
6.5 -cent sales tax on non -school local
reluctant support
government, noting that this was bad tax
policy but the least costly of two evils.
Conditions for no 1992 aid cuts, levy limits
repealed; LGTF integrity and LGA growth
were basically met. Only a sales tax sunset
was not included. The alternative provision to
consider LGA and HACA across-the-board
cuts was unacceptable politically.
Policy Ideals with fiscal matters
I -A
Levy Limits Repeal
A
Passed
Laws 1992;
The omnibus tax bill deleted all references to
Chapter 511
the three levy limit provisions in previous law.
I -B
Mandated State and
B
Passed
Laws 1992;
The presidential primary mandated in 1991
Federal Programs
Chapter 511
was funded from the state's General Fund
`
($2.5 million).
I -C
Local Government
A
Passed
Laws 1992;
LGA was maintained as per current law with a
Aid
Chapter 511
3 percent 1993 proportionate increase. New
formula discussion was delayed until 1993.
I -D-1
Homestead Class
C -A
Passed
Laws 1992
The third tier homestead and reduced C/I rates
Rates
Chapter 511
were allowed to go down per 1991 law, and
funded through HACA.
I -D-2,3
Tax Exempt Property
D
No action
I -D4
Property Tax Reform
C -A
Passed
Laws 1992;
The long-range changes started in 1991 were
Chapter 511
continued in 1992 per AMM policy.
I -E-1
Fiscal Note
C
Upheld
Fiscal notes are continued per AMM policy.
Continuation
I -E-2
Funding Shifts
C
Passed
Laws 1992;
Funding for HACA buy -downs was continued
Cha ter 511
per AMM policy as highest priority funding.
I -E-3
State Revenue
D
Passed
Laws 1992;
A portion of the state budget reserve was used
Stability
Chapter 511
to balance the shortfall while LGA/HACA
were not cut.
I -F
Sales Tax Dedication
A
Passed
Laws 1992;
Omnibus tax bill maintained the LGTF as per
Guarantee
Chapter 511
AMM policy and even added revenue based
on new local government 6.5 -cent sales tax.
Policy II issues concern matters that directly affect local government. PERLA, pensions, licensure, to name a few.
II -A
Labor Relations
B
No action
Issues ERLA
II -B
Tort Liability
D
Upheld
No legislative changes were made to limits.
II -C
Data Practices
D
No Action
II -D
Police/Fire Pension
C
Upheld
No changes were made to police and fire
Provisions
amortization aid, and the 13th check was not
adopted.
II -E
Opposition to
C -A
Upheld
A last-minute attempt to prohibit personal use
Reduced Local
of public vehicles was soundly defeated. An
Control
attempt to force all cities to hold Truth in
Taxation hearings on the same day (first
Wednesday in December) was beat back.
lI-F
Contractor
D
No Action
Performance Bond
II -G
Police Officer
D
No Action
Standards and
Training
II -H
State Agency Rule-
D
No Action
Makin
II -I
Shade Tree Disease
D
Upheld
Program's continued funding allowed.
Control Program
II -J
Concurrent
D
No Action
Detachment &
Annexation
Policy III concerns housing and economic develo ment.
III Al -2
Non -legislative
No Action
III A-3
Mandating Land Use
C -A
Upheld
No additional intrusion into local land use
Standards
control.
III A4
State and Regional
B
Partially Passed
Laws 1992;
This policy calls for the development of a
Housing Policies
Chapter 528
state housing policy and consolidation of and
state funding for the Housing Trust Fund. $1
million was appropriated to the Housing Trust
fund. Also $750,000 was provided for
blighted housing grants and $2 million for
neighborhood land trusts.
III A-5
Federal Housing
D
No Action
Policy
III A-6
Local Housing
B
Partially Passed
Laws 1992;
Levy limits removed as called for by this
Polic
Chapter 511
policy
III A-7
Housing in the
B
Failed
AMM policy called for establishment of a
Metropolitan Area
metropolitan housing fund and more
coordinated regional -local housing planning.
HF2741/SF2489 died in respective Tax
Committees.
III A-8
Neighborhood
B
No Action
Liveability
III A-9
State Licensed
B
Policy Upheld
AMM policy is basically a defensive policy to
Residential Facilities
examine proposals that others may put forth
(Group Homes
with regard to group homes.
III B-1
State Economic
C -A
Failed
This policy calls for a state economic
Development Policy
development policy and determination of the
role of cities in such policy.
III B-2
Equal Treatment of
C
Policy Upheld
This policy asks for equal treatment for all
Cities
cities with respect to economic development
tools and programs.
III B-3
Tax Increment
A
Failed
This policy called for the repeal of several of
Financing (TIF)
the harsh TIF amendments passed in 1990.
relief
These provisions were contained in
M07I/SF2291, which passed the House and
Senate Economic Development Committees,
but died in the respective Tax Committees and
the Tax Conference Committee.
III B-4
Local Option for
C -A
Upheld
AMM policy called for the status quo or the
Redevelopment
development of a single local development
Organization
organization at local option.
Structure
III B-5
County Economic
C
Upheld
AMM policy opposed granting EDA authority
Development
to metropolitan counties except under certain
Authorities
conditions. No authority was granted to
counties.
III C
Land Use Planning
B
Upheld. AMM
AMM policy opposed changes which would
satisfied with
infringe on local control and flexibility. The
current law, but
AMM was successful in developing a
also satisfied
compromise bill which was introduced in the
with
1992 session, but did not pass
compromise
(HF1983/SF1828).
bill.
Poky IV covers Metro olila Agencies.
IV A, IV
Non -Legislative
N/A
None Required
These policies contain guidelines for
B, IV C-1
Philosophical
examining legislative bills which would
Statements
increase the authority of the metropolitan
governance system.
IV C-2
Funding for
C
Upheld
AMM policy supports the status quo and
Regionally Provided
opposes the imposition of a single revenue
Services
source to replace the multiple sources.
IV C-3
Regional Tax Rates
C
Upheld
AMM policy states that user fees for the
and User Fees
Regional Agencies should be determined by
the region and not set by the Legislature.
IV D
Comprehensive
C
Upheld
AMM policy opposes the designation of other
Planning - Local and
Met Council policies as systems. The Council
Regional Interface
proposed designating three additional systems.
IV E
Combined Sewer
Cc
Upheld
Laws 1992;
Provides $13 million for 1993 for the three
Overflow
Chapter 558
cities to continue sewer separation.
IV F-1-3
Non Legislative
N/A
None Required
This policy is directed toward the
Metropolitan Council and suggests ways for
the Council to improve its budget process.
Most of AMM suggestions have been
incorporated by the Council.
IV G-1
O&M Finding for
D
Upheld
Laws 1992;
Appropriated $2.356 million for operation and
Regional Parks
Chapter 513
maintenance expenses for the implementing
agencies. The governor line -item vetoed this
appropriation last year.
IV G-2
Funding of Regional
D
Upheld
Laws 1992
AMM policy calls for the Met Council to
Parks
Chapter 558
obtain state funding for capital and acquisition
needs for metro parks. $4.55 million
contained in state bonding bill. AMM policy
asks the Legislature not to alter the park
funding priorities established by the Met
Council.
IV -H
Water Management
C -A
Upheld
Laws 1992;
AMM policy requests that additional changes
in Metropolitan Area
Chapter 511
not be made in the metro area surface water
management act and that costs to implement
should be excluded from levy limits. No
change was made to MS103B.201-25, and
local costs are no longer restricted by levy
limits.
IV- I
Water Supply in
A
Partially
AMM successfully opposed designating local
Metropolitan Area
Upheld
water supply plans as a metro system. The
AMM policy did support adding water supply
plan element to local comp plans.
HF1977/SF1958 which contained that
requirement did not pass.
IV -1
Waste Stream
A
Upheld
Laws 1992;
Local packaging ordinances or the authority to
Management
Chapter 593
pass such ordinances was not pre-empted.
Requires state agencies to purchase recycled
materials when the price of recycled materials
does not exceed the price of non -recycled
materials by more than 10 percent. Sets a
statewide packaging reduction goal of 25
percent per capita by 1995. Requires that
licensing authorities (cities) for solid waste
haulers that require a pricing system based on
volume instead of weight must establish a unit
pricing system that ensures that amounts of
waste generated in excess of the base unit
amount are priced higher than the base unit
amount.
Policy V issues cover transportation and transit quesfiWons.
V-A
Street/Highway
B
Failed
See comments at V -D
General Funding
V -B
Metro Transit
B
Failed
See comments at V -D
System General
Funding
V -C
Transportation
C
Failed
See comments at V -D
Services Fund
V -D
Transportation
B
Failed
Transportation funding was most political this
Funding Alternatives
year. House and Senate leaders and
- Gas Tax, Transit
committees tied gas tax increase for highways
Tax
to transit funding. The House waited until the
governor proposed. The Senate tied all
transportation issues into one bill. House
wanted sales tax at wholesale level for transit.
Senate wanted sales tax on auto repairs for
transit. No agreements could be reached and
everything was tubed.
V -E
Highway and Transit
B
Upheld
The trend in metro planning is increased inter-
Intbgration
agency integration. The Met Council Transit
Facilities Initiatives plan is a prime example.
V -F
Highway
D
No Action
Jurisdictional
Reassignment
V -G
Transportation
D
Failed
The issue was discussed in both houses in
Utility
1991 and during the interim, but failed to
gather enough support for passage in 1992.
V -H
'W" Transportation
C
Upheld
AMM policy maintained.
Planning Process
V -I
Large Trucks
C
Passed
Federal law
Federal law prohibits expansion of large truck
combination in new states. This includes triple
trailer trucks.
V -J
City Speed Limits
C
Upheld
A bill providing differential speed limits did
not pass.
V -K
Seat Betts
B
No Action
V -L
Regional Transit
B
Upheld
Laws 1992;
Plan includes all AMM policy
System
Chapter 579
recommendations. Capital funding to initiate
the plan was provided in the bonding bill.
V -M
MSA Screening
B
Failed
Although non -controversial, the Senate forced
Committee
all transportation issues into one omnibus bill
that failed.
V -N
Metropolitan Tax
B
Upheld
No new tax was passed, although funding for
LRT was considered.
V-0
Airport Policy
C
Upheld
The two track process is continuing, costs are
being considered, and the Met Council has
recommended compacting the time frame.
V -P
Bikeway Grants
D
No Action
V
opt -out
D
No Action
At the request of other organizations, primarily the LMC, the AMM also took positions on matters that ha Pe a bearing on AMM member cities,
but are not n cessarily included in AMM policy.
VI -A
Truth in Taxation
D
Partially passed
Laws 1992;
The title was changed to "Proposed and Final
Chapter 511
Tax Notice," parcel specific notice is
extended to all counties, and newspaper notice
requirements are reduced.
VI -B
City Fund Balances
D
Upheld
Some legislators discussed fund balances, but
no action was taken.
VI -C
MVET on city sales
D
Failed
MVET still required as is new sales tax on
other purchases.
VI -D
State Administrative
D
Failed
The state continues to charge from LGA for
Costs
administration.
VI -E
Comparable Worth
D
Passed
Laws 1992;
No program changes. Elimination of levy
Chapter 511
limits makes pay increases recoverable
through levy.
VI -F
Liquor Issues
D
Upheld
Wine and/or beer sales were not extended to
grocery stores.
VI -G
Towing Warrants
D
No Action
VI -H
EDAs
D
No Action
VI -I
Municipal Service
D
No Action
Districts
VI -J
Road Access Charge
D
No Action
VI -K
MSA Mileage Limit
D
Failed
Was part of the omnibus transportation bill
that did not pass.
VI -L
Market Value
D
Failed
The law creating market value referenda was
Referenda I
I
I
I
clarified but not repealed.