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6-7-93 agenda`f` ~:.. „~..~ ~' ,L CITY OF RICHFIELD MONDAY, JUNE 7, 1993 ************~**********,x***,~*~*~,~;~****,~~*,~**~****~***********~~* SPECIAL CITY COUNCIL STUDY SESSION 6:00 P.M. COUNCIL CHAMBERS CALL TO ORDER I. 6:00-7:00 P.M. MEETING WITH STATE LEGISLATORS REGARDING 1993 LEGISLATIVE SESSION STUDY SESSION LETTER NO. 12 ADJOURNMENT ****~**~t******************~**************~************~*~t******* REGULARLY SCHEDULED CITY COUNCIL STUDY SESSION 7:00 P.M. COUNCIL CHAMBERS AGENDA CALL TO ORDER I. 7:00-7:15 P.M. DISCUSSION OF GOLF FEES FOR SENIOR CITIZENS STUDY SESSION LETTER N0. 13 II. 7:15-7:45 P.M. DISCUSSION OF LIABILITY WAIVER FOR RICH ACRES GOLF COURSE STUDY SESSION LETTER N0. 14 III. 7:45-8:00 P.M. DISCUSSION OF POSSIBLE INTEREST IN CITY ACQUISITION OF PROPERTY AT 7600 PORTLAND AVENUE ' STUDY SESSION LETTER NO. 15 IV. 8:00-8:30 P.M. DISCUSSION OF SURVEY QUESTIONS~FOR CITY SERVICES SURVEY STUDY SESSION LETTER NO. 16 V. 8:30-9:00 P.M. DISCUSSION OF DRAFT ETHICS POLICY STUDY SESSION LETTER NO. 17 9:00 P.M. ADJOURNMENT AUXILIARY AIDS FOR INDIVIDUALS WITH DISABILITIES ARE AVAILABLE UPON REQUEST. REQUESTS MUST BE MADE AT LEAST 96 HOURS IN ADVANCE TO THE ADMINISTRATIVE SERVICES DIRECTOR AT 861-9702. CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 17 Agenda June 7, 1993 Issue Statement• Discussion of draft ethics policy. Background• The Council has previously directed staff to prepare a draft ethics policy to address issues where there is a potential conflict of interest. The City Attorney has prepared a draft ethics policy which appears to address the concerns expressed by staff and Council. The purpose of the ethics policy is to: • ensure that actions and decisions of City employees continue to be free from improper influence of personal and financial interests; • provide guidance to City employees-who are confronted with a potential conflict or interest; and • uphold the public confidence in the City's conduct of public matters. The City Council had also suggested that any necessary changes to the City Charter be recommended to the Charter Commission, however, the City Attorney does not recommend any Charter changes. Recommended Motion: Review the ethics policy. Basis for Recommendation: The policy will clarify a number of ethics issues which may be faced by City employees. Alternative Recommendation: 1. The Council may decide to amend the ethics policy. 2. The Council may decide to undertake additional research. 3. The Council may decide to defer this item for discussion to a later date. Discussion/Decision Mode: This matter will be presented for discussion at the Study Session on June 7, 1993. ly submitted, Jam Prosser Cit nacrer JDP:ds ~~..~ RECEIVED MAY 1 1 ~c• `' HOLMES & GRAVEN CHARTERED Attorneys at Law JOHN M. LEFEVRE, ,TR. 470 Pillsbury Center, Minneapdis, Minnesota 55402 ROBERT J. LINDALL ROBERT A. ALSOP (612) 337.9300 LAURA K. MOLLET :ONALD H. BATTY BARBARA L. PORTWOOD STEPFffiV J. BUBUL Facsimile (612) 337-9310 JAMES M. STROMMEN JoHx B. DFAN JAMES J. THOMSON, JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY BONNIE L. WII,RINS CORRWE A. HEINE GARY P. WINTER JAMES S. HOLMES WRITER'S DII2ECT DIAL DAVID L. GRAVEN (1929-1991) DAVID J. KENNEDY 337-9217 JOHN R. CARSON OF COUNSEL WELLINGTON H. LAW ROBERT C. CARLSON CHARLES L. LEFEVERE ROBERT L. DAVIDSON ~~~.. ~ V May 10, 1993 Council L'orni~?. De~~. Atty. Comm. Svc. ~ Jim Prosser ChR ~ Liq. Dir. .....,~ City of Richfield Clerk Pub. Safety 6700 Portland Avenue South Richfield, MN 55423 RE: Proposed Ethics Policy Dear Jim - Enclosed is a draft ethics policy for City employees. Also enclosed is a memo that highlights some of the issues you and the City Council should consider when discussing the adoption of an ethics policy. After you have had a chance to review the enclosed, please give me your comments. Sincerely, HOLMES & GRAVEN, CHARTERED f ~~;I f Corrine A . Heine cc: John Dean (w/enclosures) CAH53014 RC160-2 CITY OF RICHFIELD CODE OF ETHICS FOR CITY EMPLOYEES Section 1. Scope. This code of ethics applies to all full-time and part-time paid employees of the City of Richfield, except the city manager. Section 2. Purpose.- The City of Richfield is proud of its employees and the valuable services that they provide to the City and its citizens. The City also. values the individual contribu- tions that its employees have made and continue to make to the Richfield community, on the employees' personal time. The City and its employees have established an exemplary record of conducting the City's affairs in a manner that furthers the interests of the public, without improper influence on the decision-making process. The purpose of this code of ethics is to: ensure that the actions and decisions of City employees continue to be free from the improper influence of personal and financial interests; provide guidance to City employees who are confronted with a potential conflict of interest; and uphold the public confidence in the City's conduct of public matters. Section 3. Definitions. For purposes of this code of ethics, the following terms have the meanings given them: a. "Employee's household" means the person or persons with whom an employee resides. b. "Employee's family" means the spouse, parent, child, mother-in-law, father-in=law, brother-in-law or sister-in-law of an employee. Section 4. Prohibited Actions. a. No employee shall take part in or otherwise attempt to influence the outcome of any City action or decision which could substantially affect the financial interests of the employee, a member of the employee's household or family, or an organization with which the employee is associated. The prohibition under this paragraph does not apply if the effect of the decision or action on the employee, employee's house- hold or family will be no greater than on other members of the business, profession or occupation or if the effect on the organization with which the employee is affiliated is indi- rect, remote, and insubstantial. b. No employee shall misuse his or her position to secure special privileges or exemptions for himself or herself or any other person. c. No employee shall directly or indirectly receive or agree to receive .any compensation, gift,. reward or gratuity in payment for the performance of his or her official duties, except as may be provided by law:- Section 5. Disclosure Required. An employee who in the discharge of his or her duties would be required to take an action or make a decision which could .substantially affect the financial interests of the employee, a member of the employee's household or family, or organization with which .the employee is associated, shall take the following ,actions: a. The employee shall prepare a written statement which includes the employee's name, address, position, signature, date, the person notified of the potential conflict, a description of the matter requiring action or decision and a description of the nature of the potential conflict of interest. b. Within one week after the employee becomes aware of the potential conflict of interest, the employee shall deliver copies of the statement to the City Clerk (or if the employee is the City Clerk, to the City Manager) and to the employee's immediate supervisor. No disclosure statement is required if the effect of the decision or action on the employee, employee's household or family will be no greater than on other members of the business, profession or occupation or if the effect on the organization with which the employee is affiliated is indirect, remote, and insubstantial. Section 6. Determination; Reassignment. Upon receipt of a disclosure statement from an employee, the employee's supervisor shall determine whether a potential conflict of interest exists which is proscribed by Section 4 of this code of ethics. If an employee has a potential conflict of interest, the supervisor shall immediately assign the matter to another employee- who does not have a potential conflict of interest. If the supervisor determines that the employee does not have a potential conflict of interest that is proscribed by Section 4, and if the city manager accepts that determination, no reassignment is required. The supervisor shall prepare a written memo summarizing the basis for his or her determination regarding the existence of a potential conflict of interest. Section 7. Restriction on Representation. For one year after termination of employment with the City, no former employee of the City shall appear personally before any court or governmental department or agency as agent or representative for anyone other than the City in connection with any proceeding, application, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the City is substantially interested, and with respect to which the employee took any action or made any decision as an employee of the City at any time within a period of one year prior to the termination of employment. 2 Section 8. Discipline. Any employee who knowingly violates any :provision of Section 4 of this policy, or who knowingly fails to submit a statement required by this policy or submits a statement which the employee knows contains false information or omits required information, will be subject to discipline.. Adopted by the City Council of the City of Richfield on ___, 19 9 3 . Martin J. Kirsch, Mayor James Prosser, City Manager 3 t , h,I~lu•; ~ 1 iT TO: Jim Prosser FROM: Corrine Hein DATE: May 10, 1993 RE: Adoption of Ethics Policy for City Employees As requested by the City Council, I have prepared a draft ethics policy for city employees . The following comments are provided in order to facilitate discussion of the policy: Scope As drafted, the policy would apply to all- City employees, except the city manager. I left out the city manager, because that position is covered under the ethics provision in the City Charter. Key Provisions The policy combines elements taken from Minnesota Statutes, Section 469.009 (the statute governing HRA commissioners and employees) and Chapter 12 of the City Charter. The key provisions are: 1. Employees cannot take part in or attempt to influence the outcome of City actions or decisions that could substantially affect the financial interests of the employee, a member of the employee's household or family, or an organization with which the employee is associated. This provision is modeled after 469..009. A similar provisions exists in Chapter 12 of the City Charter. However, the draft policy goes a bit farther that the statute or charter by defining potential conflicts to include matters in which a member of the employee's household or family has an interest . There are common law case decisions (none in Minnesota) and attorney general opinions (many in Minnesota) that address circumstances in which family member interests create a conflict for public officials. Under these decisions, the determination of whether the employee has a conflict must be made on a case-by-case basis. That kind of inquiry can be administratively time consuming and rife with pitfalls -- e . g. , the inevitable claim of favoritism when the outcome of one employee's case differs from another employee's case. Under the draft policy, certain personal and family relationships are defined to fall within the prohibition. This avoids acase-by-case inquiry and also addresses situations where there may be an appearance of impropriety, even though the circumstances do not amount to a conflict of interest under common law . Council members should consider whether they want to maintain this provision, which is in some respects more restrictive than what the common law would require. CA853016 RC160-2 1 2. Employees may not misuse their positions to secure privileges for themselves or others. This was taken from Chapter 12 of the City Charter. 3. Employees may not directly or indirectly receive or agree to receive gifts, rewards or gratuity in payment for the performance of their official duties . This was taken from Chapter 12 of the City Charter. 4. Employees must disclose any potential conflict and must be reassigned if one exists . Again, this is modeled after 469.009 and Chapter 12 of the City Charter. There is an additional provision which requires that a supervisor prepare a written memorandum that describes the basis for determining that a potential conflict did (or did not) exist. The reason for requiring the memo is to make certain that decisions are documented. This facilitates consistent decision- making . 5. For one year following termination of employment, employees may not appear before a court or government agency (except on behalf of the City) on any matter which the employees handled for the City within one year prior to termination . This. comes from 469.009, which imposes a similar requirement on HR,A commissioners and employees . 6. Employees can be disciplined for violation of the policy. Any discipline imposed would need to be consistent with existing personnel policies (for non-union employees) and collective bargaining agreements (for union employees) . In my opinion, the City has inherent managerial authority to adopt an ethics policy without bargaining. However, because implementa- tion of the policy could result in discipline or reassignment (of a task, not a position}, I suggest that you advise the collective bargaining representatives and units of the policy and its provisions prior to adoption by the City Council. CAH53014 RC160-2 2 CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 16 Agenda June 7, 1993 Issue Statement• Discussion of survey questions-for the City services survey. Background: Decision Resources has been previously authorized to conduct a survey of Richfield residents. A draft of the survey instrument is attached for review by the Council. It is appropriate for the Council to determine whether there is a need for additional questions or whether some questions should be removed from the survey. Recommended Motion: The Council should review the questionnaire and determine if there are additional areas which should be included in this survey or if some questions should be deleted from the survey. Basis for Recommendation: It is important that the Council review the questionnaire to make certain that the survey instrument correctly addresses issues of concern to the City Council. Alternative Recommendation: 1. The Council may decide to delay the discussion on survey questions to a later time.. 2. The Council may decide not to continue with survey. Discussion/Decision Mode: This matter will be presented at the Study Session of June 7, 1993. Respectfully submitted, Ja D. Prosser C't Manager JDP:ds 1 From llh2L DECISION RESOURCES, LTD. 3128 Dean Court Minneapolis, Minnesota 55416 JUfI. -J~/. 177J CJ1 • GJ rl'I CITY OF RICHFIELD 1993 Issues Study REVISED DRAFT Hello, I'm of Decision Resources, Ltd., a nationwide polling firm located in Minneapolis. We've been retained by the Gity of Richfield to speak .with a random sample of residents about issues facing the city. The. survey is being takBn because the Cfty is interested in your opinions and suggestions. I want to assure you that all individual responses will be held strictly confidential, only summaries of the entire sample will be reported. (DO NOT PAUSE) 1. Approximately how many years have you lived in Richfield? LESS THAN ONE YEAR......1 ONE OR TWO YEARS........2 THREE TO FIVE YEARS.....3 $TX TO TEN YEARS........4 ELEVEN ~ TWENTY YRS.....5 2130 YEARS .............6 OVER THIRTY YEARS.......? DON'T KNOW/REFUSEb......8 2. As things now stand, how long LESS THAN ONE YEAR......i in the future do you expect tv ONE.TO TWO YEARS........2 live in Richfield? THREE TO FIVE YEARS.....3 SIX TO TEN YEARS........4 OVER TEN YEARS..........5 DON'T KNOW/REFUSED......6 3. How would you rate the quality of EXCELLENT ...............1 life in Richfield -~ excellent, GOOD ....................2 good, only fair, or poor? ONLY FA7R ...............3 POOR ....................4 DON'T KNOW/REFUSED......5 4. What do you like MOST about living in Richfield? 5. What do yvu ]ike LEAST about it? I would like to read you a short list of community issues. 5. Please tell me which one you consider to be most important in its impact on your life? (READ LIST BELOW} 7. Which one do you consider to be the second most important in its impact an your life? (DELETE FIRST CHOICE AND REREAD LIST). r roc 1 FIRST SECOND Highway construction projects Airport noise and expansion Property taxes Crime Quality~of public education Appearance of neighborhood ALL EQUALLY (VOL.} .NONE OF ABOVE (VOL.-) Don't Know/Refused 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 B. When you think of i~fahfield, do SMALL TOWN ..............1 you see it as a small town or a SUBURBAN COMMUNITY......2 suburban community? BOTH (VOL) ..............3 NEITHER (VOL)...........4 DON'T KNOW/REFUSED......5 9. Which of these two stat~mants comes closer to your feelings: (A) T call Richfield "home." (8) Richfield is just a place to live; I'd be just as happy slsa- where. 10. During your time fn Richfield, from what you have seen or heard, da you feel that there has been an increase, a decrease, or no change in the strength of commu- nity identity and the sense of neighborliness? Changing focus.... 11. Do you consider the City's share of property taxes for city ser- vices fn Richfield to be very high, somewhat high, about aver- age, somewhat low, or very low in comparison with nearby suburban communities? STATEMENT A .............1 STATEMENT B .............2 BOTH (VOL) ..............3 NEITHER (VOL)...........4 DON'T KNOW/REFUSED......5 INCREASE ................1 DECREASE ................2 NO CHANGE .. ............3 DON'T KNOW/REFUSED......4 VERY HIGH ...............1 SOMEWHAT HIGH...........2 ABOUT AVERAGE...........3 SOMEWHAT LOW............4 VERY LOW................5 DON'T KNOW/REFUSED......6 As you may know, property taxes are divided between the City of Richfield, Hennepin County, and your local school district. 12. For each dollar of property taxes you pay, about what pence»tage do you think goes to city govern ment? (READ CHOICES, IF NEEDED}. UNDER TEN PERCENT.......1 10~ TO 20 ..............2 21$ TO 30 ..............3 31$ TO 40$ ..............4 41~ TO 50 ..............5 51$ TO 60 .....:........6 OVER SIXTY PERCENT......? DON'T KNOW/REFUSED......8 2 rr-~ni an.~ I would like to read you a list of a few city services. For each one, please tell me whether you would rat e the quality of the ~- service as excellent, goad, only fair, or poor? (ROTATE LIST) EXC GOOA FAIR POOR D.K. 13.• Police protection? 1 2 3 4 5 14. Fire Protection? 1 2 3 4 5 15. Drinking avatar quality? 1 2 3 4 5. 16. Storm drainage and flood control? ~ 1 2 3 4 5 1~. Park maintenance? 1 2 3 4 5 18. City-sponsored recreation programs? 1 2 3 4 5 19. Animal control? 1 2 3 4 5 20. Building inspection? 1 ?. 3 4 5 21. Emergency medical response? 1 2 3 4 5 22. Vehicle licensing? 1 2 3 4 5 Now, for the next three city services, please consider only their jab on city-maintained streets and roads. That means excluding state and county. roads that are taken care of by other levels of government. Hence, Interstate 35W, Cedar Avenue, T-494,. 66th Street, Penn Avenue, Nicollet Avenue, Portland Avenue, and the Crosstown should not be considered, How would you rate.... EXC GOOD FAIR POOR D.K. 23. City street repair and maintenance? 1 2 3 4 5 24. Snow plowing? 1 2 3 4. 5 25. Street lighting? 1 2 3 4 5 IF "POOR" IN QUESTIONS ~iG-25f ASK FOR EACH: 26. Why did you rate _ as poor? 2?• servicesdinocomparisonhwithd city GOXp~1~LENT' ..............2 .............. neighboring communities ~~ excel ONLY FAIR ...............3 lent, good, only fair, ar poor? pOOR....................4 DON'T KNOW/REFUSED......5 28. When you consider the property taxes you pay and the quality of city services you receive, would you rate the general value of city services as excellent, good, only fair, or poor? Moving on.... EXCELLENT ...............1 GOOD ....................2 ONLY FAIR ...............3 POOR ....................4 DON'T KNOW/REFUSED......5 :3 r rom UKL 29. Ys the Richfield Polies Depart- YES .....................1 ment attentive to all espect:s of NO ......................2 law enforcement, such as residan- t30N'T KNOW/REFUSED.....,3 tial patrolling, business patrol- ling, public service, and traffic enforcement? IF "N0," ASK: 30. What aspect of their job do you think needs more attention? 31. And, what aspect of their job do you think needs less attention? 32. Are .there areas in Richfield YES .....................1 where you do not feel safe? No ......................2 DON'T KNOW/REFUSED......3 IF "YES" IN QUESTION X32, ASK: 33. Please tell rte the areas in which you de not feel safe? 34. Da you feel safe in your immedi- YES .....................1 ate neighborhood? NO••••••••••••••••••••••2 DON'T KNOW/REFUSED......3 IF "N0," ASK: 35. Why don't you feel-safe? 36. prior to this survey, were you AWARE ...................1 aware of the City of Richfield's UNAWARE .................2 Neighborhood watch Program? DON'T KNOW/REFUSED......3 37. Does your household currently YES .....................1 participate in the city's Neigh- NO ......................2 borhoad Watch Program? DON'T KNOW/REFUSED......3 38. In general, do you-think that STRONGLY YES.'...........1 crime prevention programs such as YES......................2 Neighborhoad-Watch will contribute NO ......................3 to the long-term reduction of STRONGLY NO.........••~••4 property crimes? (WAIT FOR RE- DON'T KNOW/REF'USED......5 SPONSE) Do you. feel strongly that way? 4 I would like~to read you a list of public safety problQms. In thinking about your ne~,ghborhoQd, do you feel that the police should pleas a very high priority on it, somewhat high priority, middling priority, somewhat low priority, or very low priority? VHP SHP MID SLP VLp DKR 39. Auto theft? ] 2 3 4 5 6 40. Burglary? 1 2 3 4 5 6 41. Traffic control.? 1 2 3 4 5 6 42. Drugs? 1 2 3 4 5 6 43. parties? Loud 1 2 3 4 5 6 44. . Prostitution? 1 2 3 4 5 6 45. Disputes between neighbor,? 1 2 3 4 5 5 46. Problems with youth and gangs? 1 2 3 4 5 6 47. Domestic abuse? 1 2 3 4 5 b 4S. Theft from automobiles? 1 2 3 4 5 6 49. Street robbery and assault? 1. 2 3 4 5 6 50. Vandalism and property damage? 1 2 3 4 5 6 51. During the past year, have you YES .....................1 been involved in or observed a No ......................2 situation in which a member of DON'T KNOW/~tEFUSEd......3 the Richfield Police Department was present in an official capa- city? IF "YE&," ASK: 52. Would you say the way the EXCELLENT............~...1 police handled the situation GOOD ....................2 was excellent, good, only ONLY FAIR ...............3 fair, or poor? POOR ....................4 DON'T KNOW/REFUSEb......5 ZF A RATING IS GIVEN, ASK: 53. Could you tell me why you feel that way? 54. Would you say the response TXMELY ..................1 by the police was timely, or NOT TIMELY ..............2 not? DON'T KNOW/REf'U$ED......3 The City of Richfield requires all single family homes and apart- ment buildings to be periodically inspected far compliance with city codes. 55. Prior to this survey, were you aware of this requirement? YES .....................1 NO ......................2 DON'T KNOW/REFUSED......3 5 56. From what you have seen or heard, VERY WELL ...............1 does the inspection system appear SOMEWHAT WELL...........2 to be working very well, ~comewhat NOT TOO WELL............3 well, not too well, or not at all NOx AT ALL WELL.........4 well? DON'T KNOW/REFUSED......5 IF "N.Om TOO WELL" OR "NOT AT ALL WELL," ASK: 57. Why do you feel that way? Let's talk about local health care for a moment.... 56. Were you aware that Richfield citizens may receive a variety of health-related servfcas~ through a contract that the City has with the Public Health Division in the City of Bloomington? YES .....................1 NO ......................2 DON'T KNOW/REFUSED......3 I would like to read you a short list of health-related subjects. 59. Which of these subjects should be the first priority for the Richfield Advisory Board of Health to pursue? (READ LIST) 60. Which do you feel should be the second priority? (DELETE FIRST CHOICE AND REREAD THE LIST) FIRST SECOND Alcohol abuse? O1 O1 tobacco/Smoking? 02 02 Drug use, both presecription and non- prescription? 03 03 Eating disorders? 04 04 Sexually transmitted diseases? 05 05 Domestic violence? 06 06 Child abuse? 07 07 Eider abuse? 08 08 Pollution? 05 09 ALL EQUALLY (VOL.) 10 10 NONE OF ABOVE (VOL.) 11 11 Don't Know/Refused 12 12 61. When you need general medical care, where do you usually re- ceive it? (READ #1-#5) PHYSICIAN'S OFFICE......1 URGENT CARE CENTER......2 HOSPITAL ................3 COUNTY CLINIC...........4 $LOOMINGTON PUBLIC HEALTH CLINIC......5 CAN'T AFFORD (VOL.).....6 OTHER (VOL.)............7 DON'T KNOW/REFUSED......8 6 z would like to read you a short list of types of pollution. For each one, please tell me how serious it is for you and members of your household -- very serious, somewhat serious, not too seri- ous, or not at a11'serious. VERY SMWT NOTO NTAL DKRF 62. Air pollution? 1 2 3 4 5 53. Airport noise pollution? 1 2 3 4 5 ~ 64. Traffic noise pollution? a 2 3 4 5 '65.. Ground water pollution? 1 2 3 4 5 66. Prior to this survey, were you YES ..................... 1 aware that the City of Richfield NO ...................... 2 had an Advisory Board of Health? DON'T KNOW/RE~'USED...... 3 Talking about a different topic.... 67. How would you rate the general EXCELLENT ..............• 1 appearance of your nsighbarhood GOOQ .................... 2 -- excellent, good, Only fair, ONLY FAIR ............... 3 or poor? POOR .................... 4 ~s. Other than voting, do you feel. YES, .............••••••• 1 that i.f you wanted to, you Could NO........••••..•.•••••• 2 have a say about the way the City bON'T KNOW/REFUSEp...... 3 of Richfield runs things? 59. How much do you feel you know GREAT DEAL .............. 1 about the work of the Mayor and FAIR AMOUNT ............. 2 City Council -- a great deal, a VERY LITTLE ............. 3 fair amount, or very little? DON'T KNOW/REFUSED...... 4 7p. From what. you know, do you ep-- STRONGLY AppROVE........ i prove or disapprove of the job SOMEWHAT APPROVE........ 2 the Mayor and City Council ere SOMEWHAT DISAPPROVE..... 3 doing? (WAIT FOR RESPONSE) STRONGLY DISAPPROVE..... 4 And do you feel strongly that DON'T KNOW/REFUSED...... 5 way? 71. How much first-hand contact have QUITE A LOT ............. 1 you had with the Richfield City SOME .................... 2 .staff -~- quite a lot, some, or VERY LITTLE ............. 3 very little, or none? NONE .................... 4 DON'T KNOW/REFUSED...... 5 72. .From what you have seen or heard, EXCELLENT ............... 1 how would you rate the job per- GOOD .................... 2 formance of the Richfield City ONLY FAIR ............... 3 staff -- excellent, good, only - P00R .................... 4 fair, or poor? DON'T KNOW/REFUSED...... 5 IF "ONLY FAIR" OR "POOR" IN QUESTION X72, ASK: 7 73. Could you t®ll me one or two reasons why you feel that way? 74. Do you feel the City is too tough, TOO TOUGH ...............1 about right, or not tough •nough ABOUT RIGHT .............2 in enforcing the City Code oh NoT TOUGH ENOUGH........3 such nuisances es junk cars, messy DON'T KNOW/REFUSED......4 yards, weeds or tall grass, and outside storage? IF "TOO TOUGH" OR "NOT TOSJGH ENOUGH" IN QUESTION #74, ASK: 75. Why do you fuel that way? Moving on.... 76. Do you currently reside in a YE5 .....................1 single family home? NO••..••••••••••••••••••Z DON'T KNOW/REFUSED......3 IF "YES," ASK: 77. During the past year, have YEs.........•.••••••••••1 you remodeled your home? NO ......................2 DON'T KNOW/REFUSED......3 78. During the past year, have YES .....................1 you built an addition tv your NO ......................2 home? DON'T KNOW/REFUSED......3 79. How likely ere you to remodel VERY LIKELY .............1 or add on to your home during SOMEWHAT LIKELY.........2 the next five years -- very NOT TOO LIKELY..........3 likely, somewhat likely, not NOT AT ALL LIKELY.......4 too likely, or not et ell DON'T KNOW/REFUSED......5 likely? 80. Is there any action the Cfty of Richfield could take which would make you more likely to remodel or add on to your home? (IF "YES," ASK:y What would that be? 81. Prior to this survey were you YE5.............~........1 aware of the City's "Richfield No ......................2 Rediscovered" program to help DON'T KNOW/REFUSED......3 build new homes in the city? 8 XF "YES," ASK: 82. What do you think about the "Richfield Rediscovered" Program? Talking about city streets and .roads.... Sorge people believe the reconstruction or replacement of streets, trails, and curbs make the city mare livable and attractive, and should therefore be funded through the property taxes of all residents. Others. believe that these projects are only of value to people residing near them, and should be paid for by special assessments on adjacent or affected property owners. 83. How do you feel? Should street, TAXES ON ALL............1 trail, and curb reconstruati.on SPECIAL ASSESSMENTS.....2 and major maintenance be funded by 80TH (VOL)...............3 citywide property taxes or special NEITHER (VOL)...........4 assessments on affected property DON'T KNOW/REFUSED......5 owners? one proposal calls for cost-sharing of street, trail, and curb reconstruction and major maintenance. A percentage of the cost would be funded through general property tax revenues; the re- mainder would be funded through special assessments on affected property owners. Yf you could set the portion that general city revenues would fund.... 84. What would it be -- none, ten per- cent, twenty-five percent, thirty- three percent, fifty percent, sixty-six percent, seventy-five percent, or one hundred percent? NONE ....................1 TEN PERCENT .............2 25 PERCENT ..............3 33 PERCENT ..............4 50 PERCENT ..............5 b6 PERCENT ..............6 75 PERCENT ..............? 100 PERCENT .............8 DON'T KNOW/REFUSED......9 Cities also can use one of two approaches in assessing special. projects, such as major street maintenance and citywide street 'light replacement.- One approach fs to levy a special assessment for one or twa years on property owners in the impacted area; this can result, for example, in a S40o.00 special assessment for two years on property owners in the area of a large street pro- ject. The other approach is to charge an annual fee of about $24.00 in those areas; the result would be a 52.00 monthly addi- tional property tax charge. 9 85. Which approach do you most favor ONGE/TWICE ONLY..:......1 -- a once only or twice only tax SMALLER MONTHLY.........2 levy for the entire amount or a BOTH EQUALLY (VOL.).....3 monthly fee over a mush longer NEITHER (VOL.)...:......4 period of time? DON'T KNOW/REFUSED:.....5 The Richfield park system ie domposod of trails, larger Community parks, the municipal swimming pool, the Waodlake Nature Center, and smaller neighborhood parks. Of these three types of facili- ties, which do members of your household use? qSE NONUSE D.K./REF. 86. Trails? 1 2 3 87. Gommu»ity Parks? 1 2 3 88. Municipal Swimming Pool? 1 2 3 89. Woodlake Nature Center? 1 2 3 90. Neighborhood Parks? 1 2 3 Naw, from what you have Been or heard, how would you rate the quality of each component in the park system. Would you rate them as excellent, good, only fair, or poor? ONLY DK/ EXC GOOD FAIR POOR REF 91. Trails? 1 2 3 4 5 92. Community Parks? 1 2 3 4 5 93. .Municipal Swimming Pool? 1 2 3 4 5 94. Woodlake Nature Center? 1 2 3 4 5 95. Neighborhood Parks? 1 2 3 4 5 On another issue.... 96. Does you household contain any YES .....................1 children under the age of 12 years NO ......................2 old? DON'T KNOW/REFUSED......3 xF "XES," ASK: 97. How would you rate your level of knowledge about the youth recreational programs offered by the City of Richfield -- very knowledgeable, somewhat knowledgeable, not too know- ledgeable, or not at all knowledgeable? 98. In general, do you feel the existing recreational activ- ities offered by the City of Richfield mast the needs of your children? VERY KNOWLEDGEABLE......1 SOMEWHAT KNOWLEDGE......2 NOT T00 KNOWLEDGE.......3 NOT AT ALL KNOWLEQG~....4 DON'T KNOW/REFUSED......5 YES .....................1 NO...~ ................:..2 DON'T KNOW/REFUSED......3 10 r rom yR~ IF ~"N0, " ASK: 99. What additional would you like its residents? youth r+acreational opportunities to see the City of .Richfield offer 100. How likely would you be to use a fee-based Summer Day Care program, if it ware offered by the City of Rich- . field ~- very likely, some- what likely, not too likely, or not at all likely? VERY LIKELY .............1 SOMEWHAT LIKELY.........2 NOT T00 LIKELY..........? NOT AT ALL LIKELY.......4 DON'T KNOW/REFUSEO......5 IF "VERY LIKELY" OR "SOMEWHAT LIKELY," ASK: 101. How much would you be willing to pay per day for a child in a City- sponsored Bummer Day Care program? Let's say, would you be wil- ling to pay ? (CHOOSE RANDOM STARTING POINT; MOVE VP OR DOWN DEPENDING ON ANSWER} How about ? (REPEAT PROCESS AS NECESSARY) NOTHING .................1 $2.00 ...................2 $4.00 ...................3 $x.00 ...................4 $6.00 ...................5 $10.00 ..................b $iz.o0 ..................~ DON'T KNOW ..............8 REFUSED .................9 Budget restrictions do not permit the City to provide supervised playground activities for grade school children at every neigh- borhood park during the Summer. If the Cfty were able to provide supervised summer playground activities for children ages six through twelve at your neighborhood park for a fee.... 102. How likely would you be to use fee-based supervised playground program, if it were offered by the City of Richfield -- very likely, somewhat likely, not too likely, or not at all likely? VERY LIKELY .............1 SOMEWHAT LIKELY.........2 NOT T00 LIKELY..........? NOT AT ALL LIKELY.......4 DON'T KNOW/REFUSED......5 IF "VERY LIKELY" OR "80MEWHAT LIKELY," ASK: 11 103. How much would you be wi 1l ins to pay per deny for a child in a super- wised Summsr playground program? Legg gay, would you be willing to to pay ? (CHOOSE RANDOM STARTING POINT; MOVE UP OR DOWN DEPEND- ING ON ANSWER) HOW about 7 (REPEAT PROCESS AS NECESSARX) NOTHING .................1 $i.oo ...................z $2.00....................3 $3.00 ...................a $4.00 ...................5 $5.00 ...................6 $6.00 ...................7 DON'T KNaw.........~.....8 REFLISED .................9 As you may know, the Richfield Municipal Liquor Stores show an an»ual profit of about $400,000.00. Those funds are used to underwrite park and recreation development and maintenance in the community. 104. do you agree or disagre® with this STRONGLY AGREE..........1 use of the Municipal Liquor Store SOMEWHAT AGREE..........2 profits? (WATT FOR RESPONSE) Zs SOMEWHAT DTSAGREE.......3 that strongly or only somewhat? STRONGLY DISAGREE.......4 DON'T KNOW/REFUSED......5 105. During the past year, have you or YES .....................1 a member of this household made a NO ......................2 purchase at one of the Richfield DON'T KNOW/REFUSED......3 Municipal Liquor Stores? IF "YES," ASK: 106. On your last visit, were you SATISFIED ...............1 generally satisfied or die- DISSATISFIED............2 satisfied with the service DON'T KNOW/REFU&ED......3 provided by store personnel? IF "DISSATISFIED," ASK: 107. Could you tell me one or two reasons why you feel that way? Let's talk about future re-development in Richfield. I would like to read you a short list of types of development. For each one, please tell me if you Teel the city has enough, too many, or too little.... ENOU MANY LITT. D.K, 108. Retail shopping? 1 2 3 4 109. Light indug~rial busin4saea7 1 2 3 4 110. office building? 1 2 3 4 1Z r rom LrcL ENOU MANY LITT D.K. 111. Townhouses? 1 2 3 4 112. Condominiums? 1 2 3 4 -113. Low and moderate income housing? 1 2 3 4 114. Upper income housing?- 1 2 3 4 115. senior citizen houscing? 1 2 3 4 There has been considerable discussion about public transporta- tion in the Metropolitan Area. The State of Minnesota is consid- ering a number of options in providing services bQtween Downtown Minneapolis and-Burnsville. I would like to ask for your opinion on several of these options. For each of the following, please tell me if you strongly support, somewhat support, somewhat oppose, ox strongly oppose each one. Tf you are unsure, 3ust say so. (ROTATE) STSP 6M5P SMOP STOP DK~R 11b. The expansion of Highway ~5W to include a south-bound and north-bound Lane for carpools and a high speed express bus service? 1 2 3 4 5 117. The expansion of Highway 3SW to include the development of a light rail transit line south-bound and north-bound along Highway 35W? 1 2 3 4 5 118. The development of a light rail transit line along the Soo Line Railroad track through Richfield? i 2 3 4 5 119. The expansion of Highway 494 ' to include an east-bound and west-bound lane for carpools and a high speed express bus service? 1 2 3 4 5 120. The expansion of Highway 494 to include the development of a light rail transit line east-bound and westbound along Highway 4947 - 1 2 3 4 5 13 r rofn ~ LKL 12i. In general, if you ovuld shoos®, would you most profer (ROTATE) the development of light rail transit OR the development of express lanes for carpools and a new type of high gpe®d express buses as the mayor public tran~ sit approach in this drsa? (WAFT FOR RESPONSE) Do you feel strong- ly that way? IF A CHQICE IS GIVEN, A$K: LRT/STRONGLY..........,.1 LRT/SOMEWHAT............2 NEITHER (VOL.)..,....~~.3 80TH (VOL.) .............4 EXPYtESS LANES/$QMEWHAT..5 EXPRESS LANES/STRONGLY..6 DON'T KNOW/REFUSED......? - 122. Could you tell tpe one or two reasons why you feel that way? Let's talk about airport issues fvr a few moments.... I would like to read you a short list of statements. For each one, please tell me if it i~c true or tales. If yeu are unsure, dust say so. 123. The Metropolitan Airport Commission has decided to expand the airport with a north-south runway. 124. The Metropolitan Airport Commission has decided to extend the existing cross-wind runway known as Runway '4-2-2. 125. The State Legislature has decided to stop the dual track process. 126. The City of Richfield supports the dual- - track planning process. 127. The Metropolitan Airport Commission is creating a new noise budget for allocating flight paths across the area. TRUE PALS DK-R 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 T would like to read you a list of sources of ihformation about the airport ie:sues. For sash one, ploaae tell me if you consider it to be a mayor source for you, a minor source, or not a source at .all . 1~8. "The Star Tribune" 129. "The Saint Paul Pioneer Press" MAJOR MINOR NTSRC DK-R 1 2 3 4 1 2 3 4 14 rrom UKL MAJOR MINOR NTSRC DK-R 130.. "~'he Richfield Sun-Current+' 1 2 3 4 131. "The Airport Tssue," a city publication 1 2 3 4 132. "Your City and Schools," the city and school district newsletter 1 2 3 4 133. Lacal television news i 2 3 4 134. "Southwest Community News,.." a local cable television program 1 2 3 4 135. The Recreatiari Quarterly. Brochure? 1 2 3 4 .Thinking about the city publication, "The Airport Issue"... . 13fi, In the past, have you read this FREQUENTLY ......... .....1 publication frequently, occasion- OCCASIONALLY....... .....2 ally, rarely, or never? RARELY ............. .....3 NEVER .............. .....4 DON'T KNOW/REFUSED. .....5 IF "OCCASIONALLx," "RARELY," OR "NEVER," ASK: 137. Could you tell me why you don't read "The Airport issue" on a more frequent basis? I would like 1:o read you a list of statements about the City of Richfield's efforts on airport issues. For each one, please tell me whether you strongly agree, somewhat agree, somewhat disagree, or stro»giy disagree. If you ere unsure, just say so. STA SMA SMD STD DKR 138. The City of Richfield spends too much time on airport issues. 1 2 3 4 5 139. The City of Richfield isn't aggres- sive enough on airport issues. 1 2 3 4 5 140. The City of Richfield does a good job on airport issues. Z 2 3 4 5 There has beers some discussion about the future of the City of Richfield, although no decisions have been made. 141. Would you favor or oppose the-City STRONGLY FAVOR..........1 of Richfield merging with the City SOMEWHAT FAVOR..........2 of Minneapolis? {WAIT FOR RE~ SOMEWHAT OPPOSE.........3 SPONSE} Do you feel strongly that STRONGLY OPPOSE.........4 way? DON'T KNOW/REFUSED......5 1g 142. Would you favor or oppose the City STRONGLY FAVOR..........1 of Richfield merging with the Gity gOMEWHAT~FAVOR..........2 of Bloomington? (WAIT FOR RE- SOMEWHAT Opl?4SE.........3 SPONSE) Do you feel strongly that STRONGLY OPPOSE.........4 way? DON'T KNOW/REFUSED......5 Moving on to a new topic.... 143. Do you feel that Richfield has sufficient housing to meet the needs of both current and prow speotive residents? yES .....................1 N4 ......................2 DON'T KNOW/REFUSED......3 IF "N0, }' ASK: 144. What type of housing do-you think is insufficient? 145. What is your primary source of information about City government and its activities? 146. If you could choose, how would you prefer to r®ceive infor- mation about City government and its activities? The City has two options for providing "newsletter" type informa- tion to its residents. One approach would be a shorter publica- tion produced more frequently, while the other approach would be a longer publication published less frequently. 147. Which approach do you mosct favor SHORTER/MORE....... .,....1 .-- a shorter, more frequent pub- IANGER/LESS .............2 lication OR a longer, leas fre- 84TH EQUALLY (VOL.).....3 quent publication? NEiTHER .................4 DON'T KNOW/REFUSED......5 Articles about city issues can be formatted two ways. One format would be a aeries of shorter articles each dealing with.an aspect of this issue. The other format would be a longer, more in-depth discussion of the issue. 148. Which do you most prefer -- a SHORTER .................1 series of shorter articles OR r;ONGER ...................2 a longer in-depth article? 80TH EQUALLY {VOL.}.....3 NEITHER (VOL:)..........4 DON'T KNOW/REFUSED......5 149. During the past year, do you re- YES .....................1 ca7.1 seeing the C~.ty .newel®t.ter, N4.............~• • • • • • • • • • 2 "Your City and Schools?" DON'T KNOW/REFUSED......3 16 IF "YES," ASK: 160. Do you or any m.mbers of YES .....................1 your household regularly NO••••••••••••••••••••••2 read it? DON'T KNOW/REFUSED......3 IF "YES" IN QUESTION #150, ASK:. 151. Do you sometimes slip the en- SOMETIMES KEEP..........1 tine page or a speoifiC ALWAYS THROW............2 article for future r®f®rence, DON'T KNOW/REFUSED......3 or do you throw it away after you have read it? 152. Do you prefer one longer publics- ONE LONGER ..............1 Lion which discusses a number of NUMBER OF sHORTER.......2 topics OR a number of shorter pub- BOTH EQUALLY {VOL.y.....3 lication:~ each dealing with a sep- NEITHER (VOL.j..........4 orate topic? DON'T KNOW/REFUSEd......5 153. Does your household currently YES...........••.•..•••••1 receive cable televircion? NO ......................2 AON'T KNOW/REFUSED......3 IF "YES" YN QUESTION #153, ASK: _ ~ 154. How often do you watch Government Channel 34 quently, occasionally, ly, or never? Local FREQUENTLY ..............1 -- fre- OCCp,SYONALLY............2 rare- RARELY ...............:..3 NEVER ...................4 DON'T KNOW/REFUSED......6 IF ANSWERS #1&#2 TN QUESTION #154, ASK QUESTIONS 155-157: I would like to read you a list of programs shown on the Richfield Government Channel, Channel 16. 155. How often do you watch the FREQUENTLY ..............1 proclram, Richfield visions OCCASIONALLY............2 2004-- frequently, occasion- RARELY ..................3 ally, rarely, or Haver? NEVER ...................4 DON'T KNOW/REFUSED......5 15&. How often do you watch tele- FREQUENTLY ..............1 assts of Richfield City Coun- OCCASYONALLY............2 cil Meetings -- frequently, RARELY ................••3 occasionally, rarely, or NEVER ...................4 never? DON'T KNOW/REp'USED.,....5 157. How often do you watch South- FREQUENTLY ..............1 west Community News -- fre- OCCASIONALLY............2 quently, occasionally, rare- RARELY...........•••••••3 1y, or never? NEVER........•••••••••••4 DON'T KNOW/REFU$ED......3 17 Changing topics again.... 158. In what city is your job locat®d? 159. In what city.. is the job of your spouse or partner, if ~appli- aable, located? i would like to read you a short list of area highways. Fox each one, please tell me whether you generally use it to drive to your job location,. or whether your ~xpouse or partner would use it, or both of you would use it? I~ it isn't used, just say so. 160. I-494? 161. I-35W? 162. Cedar Avenue? 2SNT SELF PART $dTH DK/R 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 163'. Tf public transportation were VERY LIKELY ............. 1 available, how likely would you SOMEWHAT LIKELY......... 2 be to use it -- very likely, NOT TOO LIKELY.......... 3 somewhat l ikely, not too likely, NOT AT ALL LIKELY....... 4 _ or not at all likely? DONUT KNOW/REFUSED...... 5 I will read you a short list of types of public transportation. For each one, please tell me how interested you would be in using it ~- very interested, somewhat interested, not too interested, ar not at all interested? VERY SOME NOTO NALL DK/R 164. Dial-A-Ride for South Minne- apolis, Bioomington, and Richfield locations? 1 2 3 4 5 165. Express buses along Highway 35W between Burnscville, the Mall of America, and the Downtown Areas? 1 2 3 ~ 4 5 166. Light rail transit between 85th Street fn Blooming- ton and Downtown Minne- apolis? 1 2 3 4 5 167. Van pools? 1 2 3 4 5 168. Car pools? 1 2 .3 4 5 If public transportation were available, how likely would you be to use it to the following destinations -- very likely, somewhat likely, not too likely, or not at all likely? 18 VERY SOME NOTO HALL pK/R 169. Your place of work? 1 2 3 4 5 170. Shopping? 1 2 3 4 5 171, Health-related .appointments? 1 2 3 4 5 172. Your day-care provfder? 1 2 3 4 5 173. Would you be more likely to use WEEKDAYS ................1 public transportationon weekdays, WEEKEND .................2 on the weekend, both equally, or BOTH EQUALLY............3 neither? NEITHER.. . ...............4 DON'T KNOW/REFUSED......5 174. Would you be mare likely to use $EFOItE 8/AFTER 4:30.....1 public transportation before SP-M BETWEEN 9 AND 4.........2 a»d after 4:30PM, during deyti:ae BOTH EQUALLY............3 hours between 9AM and 4PM, both NEiTHER .................4 .equally, or neither? DON'T KNOW/REFCTSED......5 175. If you were guaranteed a free ride MUCH MORE LIKELY........1 home in an emergency, would you be SOMEWHAT MORE LIKELY....2 much more likely to use public NO DIFFERENCE...........3 transportation if it were avail- DON'T KNOW/REFUSED......4 able, somewhat more likely, or would it make no difference to You' I am going to read you a list of reasons why people might choose NOT to use public transportation for their travel needs. Which, if any of theca reasons, apply to you? YES NO DKR 176. I really donut know ®nough about the system to use it. 1 2 3 177. When~Y travel I »eed my automobile at my destination or along the way. 1 2 3 178. Existing routes donut qo to my destination. 1 2 3 179. The times at which buses run are not convenient for my schedule. 1 2 3 1so. T need to transport a family member or friend to a destination. 1 2 3 Now, .just a few more questions for demographic purpos®s.... Could you please tell me how many people in each of the following age groups live in your household. Let's start oldest to youngest, and be sure to include yourself.... 181. First, persons 65 or over? NONE ....................1 ONE .....................2 TWO .....................3 THREE OR MORE...........4 REFUSED .................5 19 r 182. Adults under 65? 183. School-aged children? 184. Pre-schoalers? 185. Do you awn or rent your present residence? 186. What is your age, ploy:®? (READ CA~'EGORIES, IF NEEDED) NONE ....................1 ONE .....................2 TWO .....................3 THREE ...................4 FOUR OR MORE............8 RE~'tJSED .................6 ZERO ....................1 ONE .....................2 TWO OR MORE..............3 REFUSED .................4 ZERO ....................1 ONE .....................2 TWO OR MORE .............3 REFUSED .................4 OWN .....................1 RENT ....................2 REFUSED .................3 18-24 ...................1 25-34 ...................2 3544 ...................3 45-54 ...................4 5564 ...................5 65 AND OVER .............6 REFUSED .................? 187. What is your occupation and, if applicable, the occupation of your spouse or partner? (CODED AS HEAD OF HOUSEHOLD) M• F' 188. Haw many automobiles are currently owned by members of this household? 189. Could you tell me your approximate UNDER $12,500..........01 pre-tax yearly household income in $12,500-$25,000........02 1992? Does the income lie.... $25,001-$37,500........03 (READ CATEGORIES) $37,501-$50,000........04 $50,001-$62,500........05 $62,501-$75,000........06 $75,001-$87,500........07 $87,501-$100,000.......08 OVER $100,000........:.09 DONUT KNOW .............10 REFUSED ................11 190. Gender. (BY OBSERVATION: DO •MALE ....................1 NOT ASK) FEMALE.:........~....:...2 20 191. City WArd. (FROM LIST) WARD 1 ..................1 WARD 2 ..................2 WARD 3 ..................3 \' Thank you very much for your time.. Good-bye. 21 CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 15 Agenda June 7, 1993 Issue Statement• Discussion of possible interest in City acquisition of property at 7600 Portland Avenue. Background: Staff was. contacted in late March to see if we had interest in purchasing the property at 7600 Portland Avenue. The person contacted the City plans to either sell the property now or in the-near future and indicated the present owner or new owner would likely make "monetary and emotional" investments in the property. In the event improvements are made to the property the City should later decide to purchase the property, the who and purchase price will most likely be higher than the current "fair market value." An appraisal was completed April 10, 1993 indicating a "fair market value" of $65,000 for the property. Possible use of the 7600 Portland property could be related to the proposed future bikeway on 76th Street. Another possible use relates to the plans for I-494 which call for, someday, creating a full diamond interchange at Portland Avenue. It may be that turning lanes or other intersection/interchange needs could then give reason to consider purchase of 7600 Portland. The current major project in the area is the 77th Street improvement. However, current indications are that 7600 Portland will not be needed as part of the 77th Street Project.. Recommended Motion.: This is a discussion item. If Council indicates an interest in the purchase of 7600 Portland Avenue, staff will pursue the matter. Basis of Recommendation: 1. Ms. Mary L. Faerber has expressed a willingness for the property at 7600 Portland Avenue to be sold to the City. 2. Council may be interested in the purchase of the property. Alternative Recommendation: Because this is a discussion item, no recommendation or alternative recommendation is made at this time. Discussion/Decision Mode: This item is scheduled for approximately 7:45 p.m., June 7, 1993. Respect lly submitted, JDP:ds Jame Prosser City. nager CITY OF RICHFIELD, MINNESOTA Study Session Letter No.14 Agenda June 7, 1993 Background- Discussion•of liability waiver for Rich Acres Golf Course. Background: At a recent City Council meeting, the issue of liability waivers for certain golf course patrons was raised. The matter was briefly discussed and scheduled for a future City Council Study Session. The attached liability waiver form is used by Rich Acres Golf Course for participants in golf .lessons, junior and senior permits and patron cards. The same form is used for all City leisure services divisions for programs such as dance, swimming lessons, hockey lessons nature center activities, senior trips and a myriad of other activities. Liability waivers are an integral part of Richfield's comprehensive risk management program. The current waiver form used by the City was developed by the City Attorney and has been reviewed by a number of risk management professionals, including representatives of the League of Minnesota Cities Insurance Trust (LMCIT). In addition, the waiver is very similar to those used by a number of other cities in the metro area. The form is recommended as a means to reduce certain types of liability claims. Jack Hennen, an attorney from the LMCIT, is familiar with the City's waiver form-and has a broad knowledge of risk management techniques used by cities in the LMCIT. Mr. Hennen can comment on the form and describe the LMCIT's position for using such protections in a municipal environment. Recommended Motion: Discuss the issue of liability waiver forms for City programs such as the golf. course activities. Basis of Recommendation: 1. The City Council has directed staff that they would like to discuss this issue at a future Study Session. 2. Jack Hennen is familiar with liability waiver forms and their use by municipalities.. In addition, as a representative of the LMCIT, Mr. Hennen is familiar with municipal liability issues and various risk management techniques such as the liability waiver. Alternative Recommendation: 1. Discuss this issue at a future Study Session. Discussion/Decision Mode: This matter has been scheduled at the first available Study Session opportunity. Respectfully submitted, Jame Prosser City nager JDP:ds Leisure Services Registration Foams r Participant's Name Home Phone Zip Work Phone Address th Activities Only) Age Parents'\Guardian: Father _ _ _ _ Day Time Phone :, . . Mother Day Time Phonc: Emergency Contact Person Phone 1. Name of Activity Location Day(s) Time Registration Fee 2. .Name of Activity Location Day(s) Time Registration Fee 3. Name of Activity Location Day(s) Time Registration Fee Total Fee: __ Any disability, allergy or special need we should be aware of? Liability Waiver -Read Before Signing The undersigned understands that participation in this activity is completely voluntary and that the activity is being offered for the benefit of the participant. The undersigned agrees that the City of Richfield shall not be liable for any claims. injuries, damages of whatever nature, incurred by the participant due to the passive or active negligence of the City, its agents oremployees, arising out of, orconnected with the activity. Onbehalf ofhimself/herself and the participant, the undersigned expressly forever releases and discharges the City, its agents or employees, from any such claims, injuries or damages. (Dated) (ParenUGuardian/Participant) Participant's Name Home Phone Address Zip Work Phone r.,, _..~ ,.~ , ,_ ..~ T...~._.- .--.-~-..---.-- ~ ~- -~. ~~.-_~, _ -,~~-~-~--~-~- _ _ (Youth Activities ,Only) . ~; ~ ~__~~ - _ ., Age Parents' Names: Father ~. ! `~ ~~- .~t~ ' ~ ~ ~ ~~'~~ Day Time Phone - ~-z Mother z ' ~ -Day Time Phone _ Emergency Contact Person Phone 1. Name of Activity Day(s) 2. Name of Activity Day(s) 3. Name of Activity Day(s) Location Time Registration Fee Total Fee: Any disability, allergy or special need we should be aware of? Liability Waiver -Read Before Signing The undersigned understands that participation in this activity is completely voluntary and that the activity is being offered for the benefit of the participant. \t undersigned agrees that the City of Richfield shall not be liable for any claims. injuries, damages of whatever nature, incurred by the, participant due to \ u~epassiveoractivenegligenceoftheCity,itsagentsoremployees,arisingoutof,orconnectedwiththeactivity.Onbehalfofhimself/herselfandtheparticipant, the undersigned expressly forever releases and discharges the City, its agents or employees, from any such claims, injuries or damages. (Dated) (ParenUGuardian/Participant) Location Time Location Time Registration Fee Registration Fee 23 CITY OF RICHFIELD, MINNESOTA Study Session Letter No.13 Agenda. June 7, 1993 Issue Statement• Discussion of golf fees for senior citizens. Background At the request of Council, senior citizen fees at Rich Acres Golf Y =~ -- u s _ metropolitan area golf courses. The Minneapolis gol courses , have rates consistent throughout their system. However, there are substantial variations throughout the metropolitan area. A low 9 hole rate of $3 is offered to residents at Chaska Par 30. The highest 9 hole rate is $11 at Viking Meadows. The average 9 hole discount senior rate, when offered, is $7.41. Rich Acres 9 hole rate is $7.50. The low 18 hole rate of $7 is offered at Daytona. Edinburgh USA has the highest 18 hole rate at $19. The average 18 hole senior discount rate, when offered, is $10.78. Rich Acres 18 hole rate is $11.25. Roseville Cedarholm offers the lowest Par 3 rate at $4.15. The highest Par 3 rate is S7 at Red Oak.. The average Par 3 senior discount rate, when offered, is $5.41. Rich Acre's Par 3 charge is $5.50. Permit fees vary from none to a low of $5 at Baker National and Red Oak, and a high of $50 for nonresidents at Como. Braemar does not have a senior permit but does offer patron cards for 555. Rich Acres charges $20 for a senior permit. The age at which a senior citizen can purchase a permit ranges from 55 to 65. Rich Acres uses age 62. Thirty-eight of seventy-three courses surveyed use 62. Some courses allow only residents to purchase permits. The City's agreement with MAC precludes that option. The courses surveyed each had different times available for use of their senior permit. All of those times were based on their interest in increasing play during slow play times. The City Council has established a policy stating rates should be 25$ lower than regular rates. AornmmwnAcaA Mntinn~ Alternative Recommendation: None. Discussion/Decision Mode: This item is scheduled for approximately 7 p.m. at the .June 7, 1993 Council Study Session. Respect~'t,~lly submitted, Jams lJb. Prosser Cit anaaer JDP:cak May 21, 1993 Senior Rates in Metro 1993 Courses Course Afton Alps Anoka G.H. Apple Valley Baker National Bellwood Oaks Birnamwood Bluff Creek Braemar Brightwood Hills Brookland Exec. Brooklyn Park Brookview Bunker Hills Carriage Hills Castlewood Cedar Hills Centerbrook Chaska Par 30 Chippendale Chomonix Cimarron Park Cleary Lake Columbia Como Country View Dahlgreen Daytona Deer Run Dwan Edinburgh USA Elm Creek Fort Snelling Fountain Valley Fox Hollow Gem Lake Hills PerFee/AaeValid Hour 9hole 18 Hole Para /65 WD 7.00 11.00 /62 M>3;WF>10 10.00 10.00 no break 5.00 /62 always 9.50 WD 15.00 WD 10.50 WE 17.00 WE /62 WD 7.50 11.00 /62 WD>3p - - 4.75 /62 M>Th 5.50~B4 8a8.00 B4 8a 8.50 12.00 55.00 /65 always 8.00 13.00 5.00 res. only (patron card - no se nior permi t) /62wD - - 5.50 /60 always - - 5.50 /65WD>lp - - 5.75 no break 15.00 /62WD>10;WE4> 5.00 10.00 Anoka Res. Only /62 WD>3p 7.00 10.00 /65 WD 6.25 WE 7.25 /63 WD - - 6.50 /60 wD 6.50 /60 WD>4p 3.00 res 4.00 non-r /62 WD>4p 7.00 11.00 /62 WD>12p 7.00 9.00 /62 WD - - /65 WD>4p - 15.00 /62 WD>11;WE - 22.50 non-res. 15.00 /62 WD>11;WE4> 50.00 non-res. /62 WD>4 - /62 WD>11 /60 WD>2;WE4 /62 M-Th>12p 30.00 /62 always res. only /62 always /65 WD /62 WD>11;WE /62 WD>12p /62 WD>12p 8.00 /62 WD 8a-3p 5.00 6.50 6.00 10.00 7.50 10.00 7.50 9.00 7.50 8.50 8.00 10.00 7.00 14.00 10.00 19.00 9.00 9.00 6.50 5.00 Mpls. Golf Course 4.75 6.00 May 21, 1993 Page 2 1993 Senior Rates Course Goodrich Greenwood Gross Hampton Hills Hayden Hills Hiawatha Hidden Greens Hidden Haven 9h Inverwood Islandview Kate Haven Keller Lakeville Lone Pine Majestic Oaks Manitou Ridge Maple Hills Meadowbrook Oak Glen Phalen Pheasant Run Red Oak Rich Acres Ridgewood River Oaks River's Edge Roseville Cedarhol Rum River Sawmill Scottdale 9hole Shamrock Stonebrooke Sundance Timber Creek Valleywood Viking Meadows Wedgewood Theodore Wirth PerFee/AaeValid Hour 9hole 15.00 /62 M-Th>lla /62WD WE Mp1s. Golf Course /60 WD /55 WD Mpls. Golf Course /65 WD /65 WD>lp WDlp> /60WD no break /62 wD>3:30p 15.00 /62 T-Th>lla Ramsey res only 5.00 /62 WD>3p /62 WD>3p /60 WD>8;WE3> 15.00 /62 M-Th>lla WE3p> /62 WD>4p Mpls. Go Course no break 15.00 /62 WD>lla /60 WD>lla 5.00 /62 WD>3p wD3P> 20.00 /62 WD>12;WE /62 WD>12p WD12p>4p /62 WD>3;WE3 no break m /62 WD /60 WD>10;WE /60 WD /62 WD>12p /62 WD>lla no break /60 WD>lla /55 WD>lp /60 M-Th /60 WD>11a no break Mpls. Golf Course 7.00 9.50 6.00 6.00 8.00 6.00 7.00. 9.00 7.50 12.00 7.50 11.00 7.00 14.00 8.00 8.00 5.00 8.00 8.00 5.00 8.00 7.50 8.00 18 Hole Para 8.00 12.00 18.50 -- 8.00 10.00 8.00 WE 7.50 16.00 5.50 8.50 8.00 8.00 - 5.00 - 7.00 11.25 5.50 - 4.50 - 5.50 11.00 4.15 5.00 10.00 9.00 14.00 8.50 8.00 11.00 5.50 7.00 10.50 11.00 8.00 10.00 16.00 11.00 w/powercart CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 12 Agenda June 8, 1993' Issue Statement• Meeting with state legislators regarding 1993 legislative session. Background• The Council has requested a meeting with state legislators to discuss the results of the-1993 legislative session. Two key pieces of legislation (Richfield representation on the MAC and impact aid) were not approved by 'the legislature. Discussion of a strategy for the 1994 session would be appropriate also. Recommended Motion: Conduct a meeting with state legislators to discuss results of 1993 legislative session and plans for 1994. Basis for Recommendation: 1. Council direction. 2. Request by the Council to meet with the state legislators regarding these issues. r Alternative Recommendation: 1. Council may decide to delay this discussion to a later date. Discussion/Decision Mode: This matter will be presented at the Study Session of June 7, 1993. Re~fil~Ly submitted, Ja e~ Prosser Ci anager JDP:ds 1993 law summaries The 1993 summary of new laws includes those laws that affect city operations. A1Wough we have attempted to be comprehensive based on information available through May 26, 1993, there may be other laws passed affecting cities that aze not summarized here. We list the bills under the general topic azeas of • Courts and crime • Elections and ethics • Environment • Finance and taxation • General government • Housing • Pensions and retirement • Personnel • Special legislation • Transportation Special legislation includes bills that aze specific to one city. The summary of the omnibus tax bill is separate from the topical list and begins on page 23. Courts and crime Library fees in petty misdemeanor cases Chapter 29 (S.F.215) extends the county law library fee collections for petty misdemeanor cases. Effective April 16, 1993. JJ Bonds for judicial appeals Chapter 170 (SF.674) modifies the requirement for posting of a surety bond in actions against public bodies relating to issuance of bonds. The court requiring the surety bond must consider if the action presents substan- tial constitutional or statutory con- swction issues, and the likelihood of the party prevailing. Effective August 1, 1993. JJ Study committee on nonfelony crimes Chapter 255 (S.F:1171) creates a nonfelony enforcement advisory committee to study current enforce- mentand prosecution of nonfelony offenses in Minnesota. The law specifies committee membership, including two city attorneys and one city law enforcement official, and requires report by October 1, 1995, at which point the committee sunsets. Effective May 20, 1993. JJ Hennepin and Ramsey court housing calendar grojects Chapter 265 (H.F.1205) makes -the Hennepin and Ramsey County court housing calendar consolidation projects permanent. Effective May 19, 1993. JJ Conciliation court jurisdictional Iimits Chapter 321 (S.F.532) raises conciliation courts jurisdictional limits to $6,000 until July 1, 1994-and to $7,500 afterward, except for consumer credit transactions ($4,000 limit). Generally effective July 1, 1993. JJ Omnibus crime bill: Stalking, weapons in schools, etc. Chapter 326 (HF.1585) regulates certain firearms and firearms offenses, allows vehicle forfeitures fordrive-by shootings and prostitution offenses, revises wiretap laws, increases certain criminal penalties, sets stalking and harassmentpenalties, and modifies residential picketing provisions, among many others. Various effective dates, some May 21, 1993 enactment, but most August 1, 1993. JJ DWI amendments Chapter 347 (S.F.694) is the omnibus DWI amendments act which increases penalties for DWI offenses with a minor in the car, increases forfeitures and penalties, increases funding and training, extends the pilot interlock program, suspends underage driver's licenses, and changes dram shop action filing requirements. Various effective dates. JJ Development TIF for ethanol projects Chapter 250 (H.F.931) increases minimum oxygen content require- ments for gasoline sold in carbon monoxide control areas during control periods. Provides tax increment financing aid reduction exemption for eWanol production projects in nonmetropolitan azea economic development districts. Effective August 1, 1993, TIF provision effec- tive for state aids paid in 1994. JJ Taskforce on state's economic future Chapter 252 (HF.454) creates a permanent taskforce to study the state's economic future and competi- tiveness. The 20-member taskforce will evaluate implementation of the state's economic blueprint which the Department of Trade and Economic Development' (DYED) has developed, hold periodic~forums and symposiums, provide advice to the Legislature, and ..study all legislation for its impact on _ these issues. Annual reports are due to the governor and Legislature. The law requires an annual reporE on the number of Minnesota compa- nies which have left the state, the number of jobs lost, the payroll lost, and the reasons for the companies' moves. The department will also evaluate its business loan and grant program to measure the number of jobs created, jobs retained, resulting salaries; and possible job displace- ments as aresult of its projects. SI1 Education Omnibus K-12 education finance bill Chapter 224 (H.F.350) contains several property tax provisions that will impact cities. Property tax class rate changes: The law reduces several agricultural class rates providing property tax relief to farmers. The agricultural land classification removes the value of the house, garage, and surrounding one May 28,1993 Page 7 19931aw summaries continued ~ ~~ acre from the $115,000:value limita- lion. The amount of land value receiving the preferential agricultural class rate is increased.'The class rate on the first $115,000 of land value from 1.3 percent to 1 percent. The class rate on the remaining farm property was lowered from 1.6 percent to I.S percent. liomestcad and agricultural credit aid: HACA will reimburse local units for the class rate reduction for remain- ing agricultural land from 1.6 percent to 1.5 percent. In addition, HACA will reimburse local units for one-half of the class rate reduction for reducing the land rate from 1.3 to 1.0 percent. Those class rate changes that HACA doesn't cover will result in shifting property tax burdens from rural, farm areas to cities. School levies: Many provisions will only affect school levies and aid programs. GC Elections Notice of filing for county elective offices ' Chapter 59 (H.F.1074) requires county auditors, at least two weeks before the fast date to file for elective office, to publish notice of the firs[ and last filing dates and the closing time on the final day. It also requires posting of notice at least 10 days before filing period opens. Effective August 1, 1993. JJ Date and time of precinct caucuses Chapter 150 (S.F.470) moves the time when state precinct caucuses start to 7:00 p.m. (rather than 7:30 p.m.) and changes the date on which caucuses meet to the first Tuesday in March (instead of the first Tuesday after the fast Monday in March) in 1994 (to avoid a conflict with annual township meetings).AH Precinct boundary data Chapter 208 (H.F.299) changes requirements and procedures for maintaining precinct boundary data. City clerks must notify the secretary of state of precinct boundary changes and note the change on a base map within 30 -days. The secretary of state must provide a corrected precinct map to the county auditor and the city clerk; and must notify the city clerk if a precinct boundary does not follow visible, cleazly recognizable physical features. If the city does not make corrections within 60 days following such notification, the secretary of state may correct the boundary in question and notify the city. AH Secretary of state's housekeeping act Chapter 223 changes the descrip- tion of state voter registration. cards and establishes the statewide voter registration system as the official record. The county auditor must update voter records immediately after precinct boundary changes.~County auditors may use address changes from the U.S. Postal Service to delete voter records. City clerks need to notify affected voters of precinct boundaries changes at least 25 days before-the next election when precinct polling places move. The city clerk must send to the county auditor any notices returned by the postal service as undeliverable. The county auditor is responsible for changing the status of such voters to "challenged." Cities must mail ballots to all registered voters no later than 14 days prior to a mail ballot election. Polling place entrance means the doorway or point of entry leading into the room or area where voting is occurring. Ballot printing contracts of less than $1,000 no longer have bonding requirements. When it is not possible to put all offices on a single (canary) ballot, judicial offices may go on a separate gray ballot. Individuals may register to vote any time before the preparation of voter rosters prior to a special primary or special election when there is no state or regularly scheduled local election. City election officials must have their voting system tested within five days before the election for punch card systems. Optical scanballots are to list offices so that city offices and ques- tions immediately follow federal, state; constitutional; and county offices and questions (and Before school district offices and questions). AH Campaign reform; authority for cities to use mail ballots Chapter 318. (H.F.201) allows statutory and home rule charter cities . with fewer than 400 registered voters located outside the Twin Cities area to conduct elections by mail. The act defines election cycles and requires lobbyists who raise more than $5;000 for legislative and statewide candi- dates or legislative caucuses during an election year, to file a report 10 days before the primary or general election, in addition to other required reports. Legislative and statewide candidates, campaigns, and legislative caucuses cannot raise funds from registered lobbyists or political committees or funds (PACs) during regulaz legislative sessions. Official ballots for state judicial offices must list each seat by number. Candidates for city elective office (cities under 100,000 population) may not accept contributions from an individual or committee of more than $300 in an election year or more than $100 in a nonelection year. For candidates in cities over 100,000 population. Limits aze.$500 in an election year; $100 in a nonelection. year. City candidates cannot accept contributions from congressional, statewide, or legislative campaigns and cannot transfer local campaign funds to such campaigns. (Effective January 1, 1994.) The law restricts the use of campaign funds and prohibits personal use of these funds. Non-profit coiporations and partnerships operating or doing business in Minnesota cannot contrib- ute, funds, services, property, or anything of monetary value for any Page 8 LMC Cities Bulletin 19931aw summaries continued anything of monetary value for any type of political campaign. Officers, managers, stockholders, etc. of corporations (and partnerships) who violate campaign finance restric- tons maybe subject to a fine of up to $20,000 or imprisonment up to five years, or both. Partnerships aze also subject to penalties of up to $40,000 in fines and maybe dissolved if con- victed of violatng these prohibitors. AH Keeping names of felons and incom- petents off ballot Chapter 364 (S.F.663) allows city filing officers to keep the names of convicted felons, incompetents, and individuals under guardianship off [he ballot by obtaining a certified copy of the final judgment or court order and notfying the person by certified mail. AH Energy Alternative fuel vehicle investments. Chapter 254 (H.F.1133) allows the Department of Public Service to approve public utlity plans to invest in alternatve fuel vehicles and support- ing equipment and recover such costs in rates. Provides for the state to meet federal requirements, with public utlity assessment totalling $78,000. Effectve May 19, 1993, investment provision sunsets July 1, 2003. JJ District heating exit signs, municipal utilities Chapter 327 (SF.1437) sets requirements for exit sign illumina- tor, limits advance forecast require- ment for certain utlites, applies state voltage and current standazds to municipal and cooperatve utilities, sets utlity contract conditons, broadens 1981 law which requires water service to cites neaz Duluth, and ends the district heating loan program. Various effectve dates. JJ Environment Above ground storage tanks Chapter 87 (HF.1424) prohibits the Pollution Control Agency from adoptng rules which regulate aboveground storage tanks which store up to 1,100 gallons of heatng oil or motor fuel, or unlimited amounts of certain regulated agricultural chemi- cals and liquid gas. Effectve May 6, 1993. JJ Omnibus environment and natural resources appropriations Chapter 172 (S.F.1570) appropri- ates $555,802,000 (less $980,000 in line item vetoes, including a veto of the metropolitan council's proposed groundwater modeling project). Appropriators include almost $2 million for the clean water partnership grant program and $28 million for SCORE block grants to counties. The law modifies the hazardous waste generator tax and finances a hazardous waste generator loan program. It provides money for polluton preven- ton grants, transfers recreaton grant responsibility from the Department of Trade and Economic Development to the Department of Natural Resources, establishes a new grant in aid program for recreaton, and requires everyone that collects~mixed municipal solid waste to annually collect $2 from each residential customer and remit that money to the commissioner of rev- enue. The law proposes a state buyout of insurance companies' potential obligator for contamination at a permitted mixed municipal solid waste disposal facility. The bill requires the office of waste management to conduct a comprehensive study of solid waste fees, including local collector fees, and report by December 1, 1994. Various effectve dates, some May 14, 1993. JJ Wetlands conservation act amend- ments Chapter 175 (H.F.1402)amends the drainage law and the wetlands conservation act to allow certain tie straightening and replacements as repairs; modifies wetland replacement exemptons for repair projects within road right-of--ways; reduces the replacement rato to 1:1 in countes having more than 80 percent of their pre-settlement wetlands; allows local government units to continue adminis- tering the interim wetland program untl December 1993, requires study and report by the Wetlands Heritage Advisory Council. Effective May 15, 1993. JJ Wastewater advisory committee, on- site treatment program Chapter 180 (S.F.96) clarifies Polluton Control Agency rulemaking for wastewater treatment standards, changes technical advisory.committee membership (from nine to seven members and drops one LMC repre- sentatve), and limits program defini= ton of individual on-site treatment systems to those treating less than 5,000 gallons per day. Effective August 1, 1993. JJ Incinerator ash exemption for WLSSD. Chapter 191 (S.F.639) modifies requirements for incinerator ash disposal by the Western Lake Superior Sanitary District, exemptng ash from certain PCA rules if it is disposed of under industrial solid waste disposal rules. Effectve May 15, 1993. Harmful exotic aquatic species provisions Chapter 235 (H.F 864) increases inspectors of watercraft for exotic harmful species and authorires civil citatons and penalties for unlawful transport or operator. After appropri- ate training, conservation officers, Page 9 May 28,1993 1993 law summaries. continued peace o~cers,.and.other DNR desig- nated staff may issue citations. The law scte penalty amounts, based on species; increases surcharge on . watercraft to $S for two years. Sur- chazge and fee section effective January 1, 1994, citation section effective May 18, 1993 other sections effective August 1, 1993. JJ Waste management act amendments. Chapter 249 (H.F.287) extends the mandate for ensuring residential collection from cities over S,Oi30 population to all cities and urban towns over 1,000 population; adopts a 10 percent preference for products containing recycled materials in public purchasing; modifies fluores- cent light bulb management pro- grams; requires public entities to specify use of degradable loose foam packing material when purchasing packaged products; modifies county and local government waste reduc- tion requirements and goals such as requiring separate accounting by cities and other local governments of solid waste revenues and expendi- tures; limits disposal of certain wastes and requires cities and other collectors by January 1,1994, and annually thereafter, to discbse to each customer or generator where their waste is going;. authorizes organized waste collection; and requires hazardous waste labelling by January 1, 2000. Various effec- tive dates. JJ Hazardous waste generator fees Chapter 279 (S.F.880) changes the methods for assessing and collecting hazardous waste administration fees; . requires adoption of rules setting up a system for chazging fees to generators and facilities. The law allows county permit or license ordinances which are more stringent than state rules. Effective August 1, 1993. JJ Page 10 Hazardous chemical reporting violations Chapter 282 (S.F.1367) authorizes the Emergency Response Commission to issue administrative penalty orders for hazardous .chemical reporting violations, and to prepare a plan for using this new authority by December 1, 1993. Effective August 1, 1993. JJ Aquatic pest control applicator licenses.. Chapter 283 (S.F.304) requires state Iicensure of aquatic pest control applicators. Effective August 1, 1993 JJ Hazardous substance releases Chapter 287 (SF 1275) modifies provisions protecting people from liability for hazazdous substance releases occurring under approved voluntary response action plans. The law allows the commissioner of the Pollution Control Agency to make determinations about actions associ- ated with a release. Effective August 1, 1993. JJ Asbestos abatement Chapter 303 (S.F.502) modifies statutes relating to asbestos abatement and licensing of individuals involved in asbestos-related work and extends certification requirements to asbestos inspectors, management planners, and project designers. Effective July 1, 1993. JJ ' Open burning Chapter 328 (S.F.869) modifies statutes relating to wildfire prevention and suppression and open burning prohibitions. The law requires permits for certain burning activities. Effec- tive August 1, 1993. JJ Petrofund amendments Chapter 341 (H.F.514) modifies petroleum tank release cleanup program basically as recommended by the administration and the legislative auditor. The law allows use of passive bioremediation in low risk cases, provides for greater review of correc- tive requirements, changes board membership and authority, requires. response plans for certain trucks and tank facilities, doubles the petrofund fee to two cents per gallon, increases threshold for imposing the fee, changes reimbursement to 90 percent of the total reimbursable costs on the first 250,000, and 75 percent on any remaining costs in excess of $250,000 on a site. Various effective dates, most August 1, 1993 or eazlier. JJ Criminal penalties for knowing air pollution violations Chapter 365 (S.F.1368) imposes criminal penalties for knowing violations of air pollution rules and penalties for reporting violations. Requires Pollution Control Agency to report on feasibility of rules establish- ing health-based standards to control toxic air contaminant emissions. Effective August 1, 1993. JJ Pesticide control provisions Chapter 367 (H.F.1225) modifies procedures for return of pesticide containers, allows continued use of unregistered pesticides, changes surcharges, authorizes certain adminis- trative expenditures, and repeals hazardous substance labeling require- ments. Various effective dates, some May 25, 1993. JJ Study the expansion of the combined sewer overflow program for compost facilities Chapter 371 (S.F.636) requires the Pollution Control Agency to study, including the city of Red Wing, the combined sewer overflow program. The bill appropriates $1.5 million for grants to improve operations at mixed municipal solid waste composting facilities owned by multi-county project boards. Effective July 1, 1993. LMC Cities Bulletin ~b 19931aw summaries continued finance County fee authority Chapter 217 (SF.826) allows counties to impose fees or interest charges on payments to the county which are more than 90 days overdue. The law does not specify a limit on the fee or interest, but does prohibit applying them to property tax pay- ments. SH Omnibus tax bill See page 23. General government . State licensing of manufacture home installers Chapter 9 (H.F.174) requires state licensure of individuals or entities installing or repairing manufactured homes at the site of occupancy, but excludes dealers who only sell manufactured homes. Treats installers as separate specialty contractors under the residential builders and contractors law, requires a separate written examination, sets a $2,500 bond, and specifies local governments may not place a surcharge on Iicenses or charge a separate fee to installers. Effective March 27, 1993. JJ Prohibiting smoking in child care facilities Chapter 14 (H.F.29} extends the current prohibition on smoking in commercial child care facilities to family and group day care homes. The law clarifies that the smoking prohibi- tion in commercial licensed day care centers is effective April 1, 1993, and delays the prohibition for licensed family day care and group family day care homes until March 1, 1994. JJ Unclaimed property reporting limits (:hapter 31(H.F.399) raises the limits of value on unclaimed property from $25 to $100, and limits publica- tion and mailed notice requirements by We state to property of that value. Effective April 16, 1993. JJ May 28,1993 Dollar limits in special assessment code Chapter 38 (S.F.198) amends local government contracting provisions in the special assessmendpublic improve- ment statutes to be consistent with last year's increases in the uniform bidding law. The law raises advertising bid limits from. $5,000 to $25,000 and allows direct purchase without bid or advertisement for work estimated to be under $25,000 (now $5,000}, with direct supervision of day labor work if over $10,000 (now $2,000). Effective August 1, 1993..JJ Cities payment of rewards Chapter 63 (H.F.461) authorizes cities to offer and pay rewards, or fund payment of a reward by a nonprofit organization, in amounts deemed appropriate for information leading to the apprehension and charging or conviction of a person alleged to have committed a felony within city limits. Effective August 1,1993. JJ Optical disk storage for government records Chapter 71 (S.F.431) allows governmenE iecords, including those with archival value, to be transferred and stored on a nonerasable optical imaging system and retained only in that format, if the ciiy meets perma- nentrecord standards, creates and maintains anoff--site backup copy, and meets other guidelines of the informa- tion policy office. Effective August 1, 1993. JJ~ Cities under 500 to transfer misde- meanor prosecution Chapter 90 (H.F.893) allows cites of 500 or less population to give misdemeanor prosecution duties to the county attorney if the county board approves. Prosecution responsibilities for charter or ordinance violations are not affected by this new law. Effective August 1, 1993. JJ Winter burials required Chapter 100 (S.F.1602) requires public cemeteries to provide burials at all times of the year, and allows additional.charges for burials in difficult weather. The law prohibits cemetery relocation without the consent of the owners. Effective August 1, 1993. JJ State contracting with RDCs Chapter 139 (H.F.168) allows state agencies to contract with regional development corporations (RDC). The Department of Trade and Economic Development (DYED) will contract with RDCs to coordinate business and community development, and trade and tourism with local government or other agency programs. DYED regional programs will be guided by RDC priorities. The law does not preclude the state from contracting with state agencies or local govern- ments for service delivery. Effective August 1, 1993. SH Roofers in state contractor licensing !aw Chapter 145 (H.F.554) makes roofers subject to all state licensing requirements, establishes a $60 annual license fee until March 31, 1994; and requires examination completion prior to licensure. Effective May 15, 1993. JJ Data practices advisory opinions Chapter 192 (S.F.1620) authorizes the commissioner of administration to issue, if requested, a written opinion relating to public access of govern- mentdata, rights of subjects of the data, or classification of the data. The law sets procedures for these requests, including a mandatory fee of $200 from local governments requesting the opinion. Attorney general's written opinions take precedence over the commissioner's opinions. While these opinions are not binding, a local Page 11 19931aw summaries continued \ government conforming with a written opinion of the commissioner is not liable for compensatory or exemplary damages or awazds of attorneys fees in data practices actions. Effective August 1, 1993. JJ County late fee authority Chapter 217 (S.F.826) allows counties to impose fees or interest chazges on payments more than 90 days overdue, except for property taxes already subject to penalty and interest. Effective August 1, 1993. JJ Statewide contractor recovery fund Chapter 245 (H.F.948) modifies Department of Commerce licensing provisions of residential building contractors and remodelers, sets license requirements, details specialty contractor skills, sets licensing criteria and exemptions, and details enforce- ment. The law creates a new public recovery fund allowing easier collec- tion against insurance policies or bonds. Effective August 1, 1993. JJ the law remains ambiguous to who pays if the auditor initiates the investigation. Interest charges on auditor bills The state auditor may chazge 18 percent interest on undisputed bills if a political subdivision owes for audit services and doesn't pay within 30 days of the due date. Summary budget information Local governments must provide summary budget information to the state auditor, on special forms, by December 31 of each year. The state auditor, with representatives of city government will develop a reporting form providing the necessary summary budget information.- County reporting standards task force The law establishes a county financial accounting and reporting standazds task force. There is no similar city proposal: .necessary if the store has shown a net loss in two of three consecutive years, even if the losses resulted from contributions to the general (or other) fund. Use of certain county funds for travel Counties may use county funds for advancing expenses to county officers and employees for travel that is related . to the performance of their job duties. Delegating authority to pay claims Cities preparing annual audited financial statements may delegate authority to certain administrative. officials to pay claims and bills prior to review by the governing body. Delegation is by resolution. The city needs internal accounting and adminis- trative control procedures to ensure proper disbursement, including the council's regulaz and frequent review of the officials' actions, and a list of claims paid at the next regularly scheduled council meeting. Y City authority to license or bond auctioneers Chapter 251 (H.F.1039) prohibits cities from requiring county licensed and bonded auctioneers to obtain. a city license or bond. Cities may require an auctioneer who intends to operate in the city to prove compliance of licensure and bond requirements ($2,000) at least 14 days before the auction. Effective August 1, 1993. State auditor bill modifying local government practices Chapter 315 (S.F.580) is the state auditor bill and features: Local government grantees and contractors The law allows examination of books or other materials of a grantee or contractor that are relevant to a local government contract or transac- 'tion. Whoever requests the examina- ~don must pay for the investigation but Page 12 Local government employee compen- sation The salary and the value of all compensation of a local government employee cannot exceed 95 percent of the governor's salary. The new language specifically mentions Life insurance policies other than team life insurance and other direct and indirect items of compensation, including reimbursement for dues to organiza- tions that are not of a civic, profes- sional, educational, or governmental nature. Compensation the law specifically excludes--reasonable vacation and sick leave allowances, health and dental insurance, pension benefits, and term life insurance benefits. The benefit's value is the annual cost to the political subdivision for providing the benefit. Hearing on continuing liquor store operations A hearing on the continuation of a municipal liquor store operation is Removal of Plan B city managers Additional procedural require- ments associated with the removal of Plan B statutory city managers aze specified. The manager can demand written charges and a hearing within seven days of the council's notification of removal. The council then sets a reasonable time and date for a public hearing, within 30 days of the demand. The hearing may not be reconvened or recessed without council approval. The council must notify the city manager, within five days of the hearing, of the council's decision to retain or remove the city manager. The decision of the council is final and pending the hearing and removal, the council can suspend the manager with or without pay at the council's discretion. Severance pay limits The amount of severance pay a local government can provide to a highly compensated employee is limited to the equivalent of six months LMC Cities Bulletin 19931aw summaries continued of pay (currently 12). Highly compen- sated employees aze those with estimated annual wages greater than 60 percent of the governor's annual salary and equal to 80 percent of the estimated annual wage of the second highest paid employee of the local unit of government. Severance pay for a highly compensated employee includes benefits or compensation. with a quantifiable monetary value. Not included is compensation .for accumu- lated sick leave or vacation. The bill includes the limitation that sick leave used to cover insurance continuation for retiring employees need not be considered as compensation. Tort claims against local employees The law requires a public meeting to approve any severance payment for a highly compensated employee which includes a payment for settling .disputed tort claims, whether or not the claims have been filed, or for any payment for terminating a written employment contract. At the meeting, the council. must make public the terms of the severance agreement. If the governing body approves the agreement, it becomes effective 15 days after the date of approval. Either party may terminate the agreement during that period of uncertainty. Limits on use of local government vehicles A local government employee may not use a local government vehicle for any purpose other than authorized local government business, but the law allows personal use that is clearly incidental to the use of the vehicle for local government business. An employee could not use a public vehicle for transportation to or from the employee's residence, except in the following circumstances: • The employee needs to respond to a work-related emergency during non-working hours. • The employee has been assigned the use of a local government vehicle for authorized business on an extended basis, and the employee's primary place of work is not the local government work station to which the employee is permanently assigned. • The employee has been assigned the vehicle for business away from the work station, and the number of miles traveled, or the time needed to conduct the business; would be minimized if the employee uses a local govern- . ment vehicle to travel to the employee's residence before or after traveling to the place of business. This section of the law does not apply to marked public safety vehicles that a politiG~tl subdivision owns or leases. Mortgage backed securities The law excludes high risk mortgage backed securities from authorized investment instruments. Brokers or municipal agents transfer- ring, purchasing, or obtaining securi- ties for, or on behalf of a municipality, must provide at the time of confirma- lion of the• purchase or transfer, a written notification that the security is a permissible municipal investment under Minnesota law. Effective August 1, 1993. JJ Youth apprenticeship Program Ctiapter 335 (H.R10) establishes a comprehensive youth apprenticeship system under an education and employment transitions council. The law sets program criteria and appropri- ates $1,000,000 to the Department of Education for demonstration programs. Effective July 1, 1993. JJ Advisory council expirations Chaptea 337 (SF.1054) modifies expiration provisions for state advisory councils and committees and deletes authority for. various councils and task forces. Generally effective July 1, May 28,1993 1993, with one section effective upon enactment. JJ Data practices amendments, person- nel settlements Chapter 351(H.F.1245) classifies licensing, educational, motor carrier .operating, Social Security, retirement, and auditor's data, certain investiga- tivedata, customer lists provided by solid waste collectors, and requires certain disclosures. Important sections for cities include one that says "any dispute arising out of the employment relationship" is public information, and another specifying that a final disposition occurs when an employee fails to elect arbitration within the time provided by the collective bazgaining agreement; and a section authorizing responsible authorities from limiting access to data on harassment chazges. Five sections are effective May 25, 1993. All others, including the person- nel and harassment sections, aze effective August 1,.1993. JJ City and city officials' phone records Chapter 370 (H.F.1377) makes long-distance telephone bills.paid for by the state or a political subdivision, including those of representatives, senators, judges, constitutional officers, heads of departments and agencies, local officials, and employ- ees thereof, public data. The law allows broader notification rights for rule-making proceedings, requiring state agencies to keep lists of people wishing to receive notice of proposed rule-making. The law makes changes to other legislative and administrative activities and has various effective dates, but is generally effective May 25, 1993. JJ Housing HRAs, G.O. authority Chapter 320 (H.F.504) allows county housing and redevelopment authorities (HRAs) to undertake a scattered site public housing project without approval by a city rescflution Page 13 1993 law summaries continued (in addition to the existing exception for section 8 housing). The limit on HRA contracts bids will be $25,000 (currently $15,000). The bill amends the levy authority for the Duluth HRA. It requires that the housing develop- mcntproject must be owned by the housing authority for the term of the bonds to issue general obligation (G.O.) debt. SH Housing bonding allocation Chapter 164 (H.F.1579) provides contingency plans to cover late passage of federal bonding authority, expands tax credits for multi-family rental housing, and makes residential rental bonds more flexible. SH Housing trust fund, neighborhood land trust program Chapter 236 (S.F.264) creates a separate community rehabilitation fund. in .the housing development fund. Cities can receive grants or loans from _ this account for construction, acquisi- lion, rehabilitation, demolition, 'financing, or refinancing of low- income housing for specific geo- graphic azeas. Appropriates $2 million -for the biennium. The law eliminates the require- mentthat the Minnesota Housing Finance Agency review proposals for housing bond issuances. (and eliminate the $1,000 charge). Cities must report to the MHFA within 30 days after issuing bonds describing the program, bond amount, income limits, and rent levels. The act gives authority, through the local government unit housing account, for cities to sell single-family residential housing directly to low- and moderate-income people or families. The MHFA may establish Indian housing demonstration projects in consultation with several Indian tribes, and expand the urban Indian housing program. SH Page 14 Metropolitan Study of metro telecommuting Chapter 289 (S.F.273) "urges" the commissioner of transportation to conduct a study of metro azea telecommuting (performing work at home Wrough electronic connections). Effective May 20, 1993. JJ Metropolitan Council 800 megahertz radio study and. plan Chapter 313 (S.F.1062) establishes a radio systems planning committee under the Metropolitan Council to study and prepare a detailed metro- politan plan for use of new 800 megahertz radio channels. Effective May 21, 1993 and expires June 30, 1994. JJ Metropolitan Council district boundaries Chapter 314 (S.F.108I) redraws Metropolitan Council district bound- aries and modifies appointment provisions to match the new bound- aries. Effective May 21, 1993. JJ Metropolitan library study Chapter 334 (H.F.1486) requires the Metropolitan Council to study metro area library systems. Effective August 1, 1993.. JJ MTC use of parkways Chapter 154 (H.F 1169) allows the Metropolitan Transit Commission (MTC) to use roads designated as pazkways as a part of their regular . route system. In Minneapolis, how- ever, the MTC must obtain permission from a newly created five-member boazd consisting of representatives of We Minneapolis Park Boazd, and a jointly appointed fifth member. SH Pensions and retirement Volunteer firefighter relief associa- tion corporate regLctration Chapter 86 provides that the. timely filing of the volunteer fire- fighterrelief association's required annual financial report and audit, or annual financial statement, constitutes. compliance with corporate registration requirements of the secretary of state.SP Arbitration of essential employee health benefits .. Chapter 149 allows essential employee unions to take to binding arbitration the issue of employer contributions toward group health insurance for retired employees. SP. Retirement incentive program for government employees Chapter 192, Section 108, provides a retirement incentive program for local government employ- ees at the option of the employer. It includes the following elements:. • Eligibility for the incentive program is limited to employees who: • Have at least 25 years of combined service credit in any state pension plan or are at least age 65 with at least one year of combined credit, • Are immediately eligible upon retirement for an annuity from a defined benefit plan, • Are at least 55 years old, and Retire on or after May 17, 1993 and before January 31, 1994. • There aze two incentive options: • An increase in the multiplier percentage used to calculate the retirement annuity for each year of service up to 30 years (the multiplier increase is 0.25 except that it is 0.1 per year of service credit in a Minnesota teacher retirement plan), or LMC Cities Bulletin 19931aw summaries continued • • C • • • • Employer-paid hospital, medical, and dental insur- ance. For most employees (PERA basic and coordinated members), the employer can choose to offer only one option. That option for most cities should probably be the 0.25 multiplier increase which has no direct cost impact on the city. The statute is not clear, but PERA police and fire fund. members may be eligible for the health benefit incentive if they meet the age and service requirements and if the city offers early retirement incentives under the act to any of its employees. The statute says, "An employer that offers incen- tives under this section may not exclude eligible employees." Thus a city offering health care incentive to police and fire personnel may not eliminate that option for PERA employees. The employer-paid health,. medical, and dental insurance option, is only available if the retiring employee: • Is eligible for employer-paid insurance under a collective bargaining agreement or personnel plan, • Has at least as many months of service with the current employer as the number of months younger than age 65 the person is at the time of retirement, and • Is less than age 65. Although offering the incentive program is optional if local ,government offers it, it must be to all eligible employees. Until June 30, 1995, a local government cannot hire areplace- mentfor aperson who retires under this optional program "except under position-specific action of the governing body." If employees choose the em- ployer-paid health insurance option, they must receive the same coverage(s), and the same amount or percentage of employer-paid premium contribution that they did immediately before retire- ment, subject to any changes in coverage and employer and employee payments through collective bargaining or personnel plans. • The employee is not entitled to employer-paid life insurance. • Eligibility for this employer-paid option ceases: • When the retired employee reaches age 65, • When the retired employee chooses not to continue to receive benefits, QI • When the retired employee is eligible for employer-paid health insurance from a new employer. • Unilateral implementation of the program is not an unfair labor practice. The limits on former employee benefits in PELRA (Minnesota Statutes 179A.20, subd. 2a) do not apply. • If the employer already pays health, medical, and dental insurance for all or some of its employees, the retiring employee can still be eligible for the multiplier option. SP Volunteer firefighter relief associa- tions: Benefits, caps, reporting Chapter 244 (SF.853) authorizes a stepped increase in the maximum lump-sum service pension from $3,000 per year of service maximum to: • $3,375 as of May 25, 1993; • $3,500 as of January 1, 1994; • $3,750 as of January 1, 1995; and • $4,000 as of January 1, 1996. The act increases the amount of average available fmancing per firefighter necessary to pay any stated monthly service pension or lump sum service pension. Volunteer fvefighter benefits have definite caps under the new law. The act provides for recovery of amounts in excess of the statutory cap and a reduction of state fire aid to cities with relief associations which violate the maximums. Cities can contest state determinations of overpayment. However, the act validates overpay- ments of pensions before March 15, 1992 if they were in conformance with relief association bylaws or articles of incorporation. A city may continue a benefit even if relief association funding decreases. However, it cannot increase the service pension amount until the available financing meets the statutory requirements. Volunteer firefighter relief associations may recognize partial years of service if the retired fire- fighter meets other qualifications and the bylaws or articles of incorporation allow it. The act simplifies volunteer firefighter association investment. performance reporting for relief associations with assets between $500,000 and $2 billion. It allows direct institutional transfers of lump sum service pension amounts to an individual retirement account (IltA). However, relief associations should be careful to avoid the IRS penalty for improper. transfers. Effective May 25, 1993. The act prohibits gambling organizations from contributing to governmental unit pension or retire- mentfunds. It also prohibits govern- mental units from accepting contribu- tions from lawful gambling for pension purposes. Effective May 25, 1993. The act clarifies the funeral benefit coverage of the Golden Valley Volunteer Firefighter Relief Association.SP PERA administrative changes Chapter 307 (H.F.574) is the administrative bill for the Public Employees Retirement Association (PERA), and other statewide retire- meet systems. May 28,1993 Page 15 1993 law summaries continued The law excludes from PERA independent contractors and their employees, members of governmental boards and commissions who serve intermittently, pharmacists' interns, foreign citizens working fora govern- mental subdivision for less than three years, and certain public hospital employees. The defmition of salary excludes reimbursement of expenses, lump sum settlements, employer-paid flexible spending accounts, cafeteria plans, health care expense accounts, and day, care expenses. Salary includes all disability payments. A temporary public employment position is six months or less. and excludes probation. If an individual reWrning from a' general leave of absence is terminated within one year of returning, the person can make payments to receive service credits for the leave period. Individuals must return to public _ service for at least 90 days fo be :eligible to purchase service credit for a subsequent leave. The same is true of sick leave. On periodic, repetitive leaves, interest is due from the end of the normal cycle rather than from the date the contributions were first payable. The act Iimits service credit for authorized temporary lay-off to three months per calendar year, renames maternity, paternity, or adoption leave as parental leave and specifies that service credit can only be granted if . the leave occurs within six months of a birth or adoption; clarifies who qualifies as a coordinated member, sets repayment dates for members receiving disability benefits;, makes. changes to comply with the federal age discrimination act; authorizes a supplemental monthly benefit to disabled basic members of $50 for a ..specified period of years rather than [he current benefit which depends on the age when the disability occurs. ~' When a re-employed annuitant's -salary exceeds the amount permitted Page 16 under Social Security, PERA can suspend, rather than reduce the annuity, The law allows for light-duty police orfire positions in the police and fire membership..It deletes the requirement that PERA police and fire fund members must be under age 55 to be eligible for line-of-duty disability benefits. , The law recognizes mid-year local post-retirement escalations for consoli- dation account members who elect PERA police and fire fund benefits. An individual may draw a full local plan benefit while re-employed in a PERA or PERA police and fire covered position and accruing service and salary credit in those funds. The act allows elected local government officials and individuals providing ambulance services to withdraw from the defined contribu- tion plan at any .time. The act deletes fmal monthly salary amounts as a cap on pensions at the time of disability or retirement. SP PERA police and fire benefit Increases Chapter 352 (HFS70) increases the multiplier rate from two and one- half percent per yeaz of the high-five average of service to 2.65 percent. The law increases the duty-related disabil- ity from the current 50 percent to 53 percent of average salary, plus 2.65 percent of average salary for each year of service in excess of 20 (currently two and one-half percent). Effective July 1, 1993. Cities must approve the benefit increase for members who belong to the PERA police and fire benefit plan, and should seek reliable actuarial infonmation before approving this benefit. Cities consolidating local police or paid fire relief associations need to adjust cost estimates for the new benefits if the city approves them.' The act also reduces the employer contribution from 12 percent to 11.4 percent for PERA police and fire fund members and the employee contribu- tion from the current 8 percent, to 7.6 percent. Effective for the first full payroll period after December 31, 1993. Finally, the act provides a mecha- nism for adjusting employer and employee contributions. If three consecutive regular (annual) actuarial evaluations of the PERA police and fire fund show an excess of S percent of covered payroll, employer and employee contributions will decrease until the sufficiency equals 5 percent. If the evaluations show a deficiency in excess of 5 percent, both contribution rates must increase. The executive director of the PERA must determine contribution rate increases or de- creases which become effective on the first full payroll period after June 30 following the third consecutive evaluation showing a deficiency or sufficiency. SP . Personnel Ambulance longevity awards Chapter (special session) is the health and human services bill, which the governor vetoed and the Legislature re-enacted at the special session. The law establishes an ambulance service personnel longevity award and incentive program. Ambulance attendants, drivers, and medical directors or advisors of licensed ambulance services would be eligible for the awazds. The awazds would go to those personnel who are at least 50 years old, have a[ least five years of service, and are among the 400 people with the greatest amount of service applying by August 15 of each yeaz for an awazd during that particular year. These individuals would receive an amount proportionate to their total years of service (up to 20 years) and would divide the appropriated amount. The bill also requires a study of ambulance service in Minnesota due February 1,1995. JJ LMC Cities Bulletin ....' y ;~~', 1993 law summaries continued Definition of confidential employees Chapter 12 (H.F.97) changes the definition of public confidential employees, deleting the inclusion of all employees who work in a public employer's personnel office. The deternining factor for confidential status will be whether the employee has access to information which is used in collective bargaining. Was not signed by governor, but will become effective August 1, 1993. JJ Discrimination based on sexual orientation Chapter 22 (H.F.585) prohibits unfair discriminatory practices based on sexual orientation, with specified exceptions for employment (nonpublic service organizations for minors such as scouting, and religious or fraternal groups) and housing (resident owner rental of unit in a two-unit dwelling). Sexual orientation is defined as having or being perceived as having an ;emotional, physical, or sexual attach- ment to another person without regard to the sex of that person. The law specifically does not include a physi- cal or sexual attachment to children by an adult. Effective August 1, 1993. JJ Discard of civil service lists Chapter 35 (S.F.903) allows police civil service commissions to strike names from civil service eligible registers after one (now two) years. The rules may allow for retaining these lists for longer periods than one year. Effective August 1, 1993. JJ Hand-held radar operating proce- dures Chapter 61 (H.F.801) requires law enforcement agencies which use hand- heldradar units to adopt procedures to reduce operator exposure to micro- wave radiation. Effective August 1, 1993. JJ Insurance coverage for mental health services Chapter 81(HF.670) provides that health insurance policies or programs which cover mental or nervous disorder treatments must cover services offered by mental health professionals (now psychological practitioners and licensed psycholo- gists}.Applies to policies and contracts issued or'renewed on or after August 1, 1993. JJ Health insurance coverage for port- wine stain removal mandate Chapter 116 (H.F.9) requires health plans to cover elimination, or maximum feasible treatment, of port- wine stains for any covered person who is a Minnesota resident. No health carrier may reduce or eliminate coverage due to this requirement, nor increase rates for this change. Effec- tive August 1, 1993. JJ State salary reporting Chapter 122 (HF. 1199) specifies elements to be in the uniform baseline determination document. The docu- mentmust include the costs of any increases to the wage schedule, the costs of employees moving through the wage schedule, costs of medical, dental, and life insurance, lump sum payments, shift differentials, extracur- ricular activities, longevity and contributions to a deferred compensa- tion account. The document must be completed for collective bargaining agreements effective after June 30, 1993. Effective May 12, 1993. JJ Separation of essential bargaining units Chapter 136 (SF911) requires the commissioner of mediation services to designate separate units for peace officers and other essential employees upon the request of either group of employees. JJ Volunteer fire, rescue, and ambu- lance Chapter 136 (S.F.911) authorizes employee agreements with state employees for response to emergency calls as volunteer firefighters or rescue workers. The law details specific agreement requirements. Effective August 1, 1993. JJ Arbitration of retired essential employees' health coverage Chapter 149 (S.F.629) permits interest arbitration on retired public employee group insurance coverage for essential employee units. Effective May 15, 1993. First class city appeals from civil service commission decisions Chapter 152 (S.F.741) gives district courts jurisdiction to review first-class city civil service commis- sion or board decisions and orders on petition of an employee or appointing authority. This law reverses a recent court decision which held that only the employee could appeal a decision of the civil service commission. Effec- five May 15, 1993. JJ Police agency exemption from offender rehab law Chapter 159 (H.F.732) clarifies the exemption of the peace officer standards and training (POST) board and law enforcement agencies from the criminal offender rehabilitation employment law. The law requires disclosure of conviction after pardon in peace officer licensing process, otherwise disclosure of the pardon can only be made in judicial proceeding. Effective May 15, 1993. JJ Workers' compensation insurance Chapter 194 (S.F.1413) modifies workers' compensation insurance provisions to exclude certain wages in determining premiums, provides May 28,1993 Page 17 ~~ 1993 law summaries continued ~, registration exemption, requires guardian or conservator for employees or dependents who are minors or incapacitated, and modifies applica- tion to certain nursing homes. Signed May 14, 1993, various effective dates. JJ Access to city health plans by non- employees Chapter 215 (S.F.406) authorizes cities (and counties and school districts) and their instrumentalities which have self-insurance health benefit plans to allow employees of their exclusive representatives to enroll, at the employee's expense, in the employer's self-insurance health benefit plan. The exclusive represen- tative must request this access and the government may deny the request. Effective August 1, 1993. JJ Defense and indemnification of private employees Chapter 216 (S.F.441) requires private sector employers to defend and indemnify their employees for civil damages, penalties and fines levied against an employee who was per- forming employment duties and was not guilty of misconduct or neglect. The law specifically does not apply to public sector employers and employ- ees covered under either the state or local government tort claims act This law will lead to contrast and compari- son between the various statutory provisions. Effective August 1, 1993. JJ City officer fidelity bond requirements Chapter 218 (S.F.1141) was an LMC/LMCTT initiative to allow a city louse aself-insurance revolving fund or pool to meet state bond require- ments for city officers and employees. Effective August 1,.1993. JJ Defense costs for officers in citizen review cases Chapter 220 (S.F.58) requires cities, towns, and counties with peace officer civilian review boards to pay the reasonable costs of legal counsel and reasonable fees incurred by the officer in defending against a com- plaint if the complaint is not upheld. If a complaint is sustained, the local government cannot pay; Effective May 18, 1993. JJ Minnesota-Care modifications Chapter 247 (S.F.419) modifies and makes corrections to the health right (now Minnesota-Care) act. Effective August 18, 1993. JJ Payment of employee wages Chapter 253 (H.F.1151) deletes employer authority to withhold employee wages pending submission of a signed gratuity statement. Unless paid earlier, wages earned during the first half of the first 30-day pay period are due on the first regular payday following the fast day of work. Effective May 20, 1993. JJ Child labor curfew Chapter 261(S.F.53) sets child labor curfew for high school students under age 18, limiting work after 11:00 p.m. on a school night or before 5:00 a.m. on a school day, except with parental permission. The law provides a half-hour leeway, sets a penalty, and makes a single offense resulting in substantial harm a gross misdemeanor. Effective August 1, 1993. JJ Unemployment compensation eligibility study Chapter 270 (SF. 236) requires the Department of Jobs and Training to study the issue of employees separated from employment due to problems with child care and domestic abuse and to develop an interim policy to deal with domestic abuse and unem- ployment compensation. Effective May 20,1993. JJ Discrimination based on disabllity Chapter 277 (H.F.208) expands the prohibition against discrimination against disabled people who use service. animals. The law modifies a metropolitan agency contract affirma- tive action plan, eliminating the requirement that businesses have more than 20 employees in Minnesota for , requirement to apply. Effective August 1, 1993. JJ Rule of 90 review requirement Chapter 280 (S.F.566) repeals the current requirement for periodic review of the public retirement rule of 90. Effective August 1, 1993. JJ Employer use of consumer credit reports Chapter 292 (Ii.F.777) requires disclosure prior to an employer's use of a consumer report for employment purposes, and gives the prospective employee a right to obtain a copy of the report The employer must advise consumers when a consumer report is a basis of adverse action. The law allows public and private enforcement actions. Effective August 1, 1993. JJ Child support and spousal mainte- nance Chapter 322 (H.F.129) modifies family law provisions, allowing license suspension for unpaid mainte- nance; changes court order notice and child support order notice require- ments; sets jurisdiction for certain abuse actions; and specifies relief. Effective May 21, 1993, one section dealing with paternity is effective January 1, 1994. JJ Child support enforcement Chapter 340 (H.F.1042) is the omnibus child support enforcement act. It changes administration, compu- Page 18 LMC Cities Bulletin 19931aw summaries continued cation, and enforcement of child support; expands business record investigation authority to locate obligors; creates county bonus incen- tive program for establishing paternity; and provides collection projects. Various effective dates. JJ Independent contractor requirement Chapter 344 (H.F.1387) requires independent contractors to meet OSHA standards and requires state agencies to study independent contrac- torcompliance wiW unemployment and workers' compensation and income tax withholding requirements. EO'ective June 1, 1993. JJ health care Chapter 345 (H.F.1178) imple- ments recommendations of the Minnesota Health Caze Commission, setting up integrated service networks and regulating health care services not provided through such networks, requiring data collection, and setting . up cost containment measures. Various effective dates, many May 25, 1993. Planning and zoning Special assessments on agricultural land Chapter 141(H.F.622) expands protection for agricultural lands in the seven-county metropolitan area by deeming new roads, public storm sewer systems, and other public improvements on, adjacent to, or in the vicinity of lands or buildings which have been enrolled in agricul- tural preserves to be of no benefit and unassessable. The law prohibits local governments from enforcing regula- tions which unreasonably restrict agricultural preserve operations. Effective August 1, 1993. JJ Emergency plans for public water supplier Chapter 186 (S.F.697) modifies water allocation priorities,. encourages water reuse for nonconsumptive purposes, requires, by January 31, 1994, revocation of permits for use of over 10 million gallons annually for surface water level maintenance, and requires fees for past unpermitted water appropriations. The law also requires every public water supplier serving more than 1,000 people to submit an emergency and conservation plan to the DNR by January 1, 1996 and imposes additional annual report- ing requirements. The law also requires metropolitan cities to com- plete waterplans as part of systems plans they submit to the Metropolitan Council.' The Metropolitan Council must prepaze guidelines by January 1, 1994. Local plans are due January 1, 1996. Effective August 1, 1993. JJ PUC rate approval requirements Chapter 190 (SF.1087) requires the Public Utilities Commission to consider environmental and socioeco- nomic impacts in competitive rate approval proceedings. Effective August 19, 1993. JJ Department of Health programs Chaplet 286 (S.F.1105) extends certain state advisory bodies to June 30,1994, changes appeal procedures for camp operators, modifies the lead abatement program, and requires additional licensing. It also changes lodging establishment regulation, and requires a trailer park zoning study. Three of tha sections became effective May 20, 1993, the rest are effective August 1, 1993. JJ Video screens in police vehicles/ snowplow lighting Chapter 26 (S.F.434) modifies traffic and law enforcement vehicle provisions, allows certain video screens visible to drivers in vehicles such as in law enforcement vehicles or as a means to aid driver visibility to the rear or sides, authorizes high mounting of auxiliary lights on vehicles with snowplow blades, and clarifies seat belt and passing statutes. Effective August 1, 1993. JJ Tlreatment facility absences Chapter 60 (H.F.846) adopts new procedures for return of patients who are absent from treatment facilities without authorization beyond 72 hours or immediately if the head of the facility considers the patient to be a danger to self or others. The law requires notice to local law enforce- mentagencies and the committing court. The local law enforcement agency must then enter information on the patient into the criminal justice information system according to missing persons practices. The law specifies authorization to detain and return, and procedures for law .enforce- mentagencies to follow. Effective Augur[ 1, 1993. No-smoking hotel rooms Chapter 66 (H.F.806) makes it a petty misdemeanor to smoke in a hotel sleeping room designated, and con- spicuously posted, as a nonsmoking room. Courts could require reimburse- ment to the owner for actual costs, up to $100, to restore the room to previolation condition. Effective August 1, 1993. JJ , Child passenger restraint penalties Chapter 74 (H.F.477) doubles the penalty to $50 for child passenger restraint system violations, with fine waiver or reduction if the vehicle operator provides evidence of purchase of arestraint system meeting federal , safety standards. Applies to violations on or after August 1, 1993. JJ Bus right-of--way rules bus stop parking Chapter 83 (H.F.1122) prohibits parking in marked handicappcd transit stop (80 feet in front of the sign), and gives transit buses right-of--way to enter right-hand traffic lanes. The law also provides for public transit priority in energy emergencies. Effective August 1, 1993. JJ May 28,1993 Page 19 19931aw summaries continued ~ Pickup, camper, boat combinations ' Chapter 111 (S.F.SO) authorizes highway operation of certain recre- ational vehicle combinations without permits, if the units aze not over 60 feet in overall length, do not have a camper- trailer portion longer than 26 feet, have a driver over 18, and are not operated in the metro area during the hours of 6:00 to 9:00 a.m. and 4:00 to 7:00 p.m. on weekdays. Effective May 11, 1993 and sunsets November 1, 1995. JJ Pedestrian right-of--way Chapter 115 (H.F.113) specifies that pedestrians crossing roadways in crosswalks that have pedestrian control signals have theright-of--way. Effec- tive August 1, 1993. JJ Tow truck. operator driver qualifica- tions Chapter 117 (H.F.969) adopts federal motor carrier provisions, - includes certain tow trucks as exempt _ % carriers, and exempts lightweight vehicle drivers from certain qualifica- : lion rules. Most sections effective May 11, 1993. JJ Disability parking enforcement by volunteers Chapter 130 (H.F.874) extends the authorization to adopt disabled parking citizen enforcement programs to second class cities. Effective May 14, 1993. JJ DNR authority over snowmobiles and ATVs Chapter 184 (S.F.536} gives the Department of Natural Resources authority over snowmobiles and all- terrain vehicles in additional circum- stances, changes reporting require- ments for accidents on such vehicles, changes responsibility for youthful operators, credits a portion of fines to the trails account, and gives sheriffs certain investigatory authority. Effective August 1,1993. JJ Access to health care facilities Chapter 284 (S.F.1046} makes it a gross misdemeanor to physically interfere with safe access to health care and provides for private civil actions for damages and injunctive relief. The law also allows municipali- ties to contract with county boards and attorneys to provide criminal prosecu - tion services on a case-by-case basis. Effective May 20, 1993. JJ Failure to yield to emergency vehicle Chapter 304 (S.F:334) allows police to issue a citation in lieu of arrest to a driver when there is probable cause to believe.the driver failed to yield to an emergency vehicle. Makes violations petty misdemeanors. Effective August 1, 1993. JJ State licensing of off-road vehicles Chapter 31l (HR519) regulates the registration and operation of off- highway motorcycles and off-road vehicles. The law sets fees and penalties, and requires comprehensive plans and reports to Legislature. Generally effective August 1, 1993, although two sections (gas tax alloca- tion determinations) are eff_ec6ve May 21, 1993. JJ Tanning facilities Chapter 316 (S.F. 751) regulates tanning facilities, setting equipment and facility standards and requiring posted warnings and signed disclaim- ers. Requires parental consent for individuals under age 16 to use a tanning facility. The law allows more restrictive local ordinances and makes violation a petty misdemeanor. Effective August 1,1993. JJ Tow trucks and personal transporta- tion services Chapter 323.(S.F.131) modifies motor carrier provisions to change requirements for personal transporta- tion service providers, and tow truck operators. Various effective dates, one May 21, 1993. JJ Smoke detector requirements in existing homes Chapter 329 (H.F.1325) changes definition of dwelling for smoke detection device requirements by deleting references to tune of con- struction, remodeling, or rental. Bars insurers from denying claims based on failure to meet smoke detector requirements. Effective August 1, 1993. JJ • Omnibus liquor bill Chapter 350 (S.F.429) authorizes charter bus and limousine passengers to drink alcohol, changes the definition of restaurants to require on-site preparation of food, limits retail licenses, authorizes specific local licenses, changes proof of age provi- sion, and changes license suspension and penalty authority. Most if not all of the modifications seem minor. Various effective dates, all on or before July 1, 1993. JJ Utility rate increases for conserva- tion programs Chapter 49 (H.F.295) authorizes the Public Utilities Commission to allow public utilities to file rate schedules which provide for annual recovery of energy conservation improvement costs. Effective August 1, 1993. JJ Local access surcharge on telephone service Chapter 272 (H.F.584) Imposes a local access surcharge on all telephone lines and expands the definition of communication-impaired people. The law doubles allowable assessment to 20 cents per line monthly. Some sections effective May 20, 1993, rest on July 1,1993. JJ Page 20 LMC Cities Bulletin 5dy •. 1993 law summaries continued 1Yansportataon CSAIi funds for traffic emergency equipment Chapter 92 (S.F.397) allows use of county state aid highway (CSAH) funds for equipment for emergency vehicle preemption devices on traffic lights. SH Disabled transit user on MTC Board Chapter 119 (HF.1720) requires that one of the five Metropolitan Transit Commission (MTC) boazd members mustbe a metro area resident and a user of transit services for the disabled. Nominations may come from the council on disability. Effec- tivefor the vacancy of an at-large member. SH Signing program to include urban interstate highways Chaptex 128 (H.F.43) requires that the sign franchise system of specific information on gas, food, camping, and lodging be available to be posted on urban interstates. SH Triple trailer trucks Chapter 182 (S.F.1148) allows the commissioner of transportation to grant permits for the transport of empty triple trailer tacks under certain circumstances. Such an arrangement may only be used from . where they are manufactured in the state to the state border. SH Toll facilities Chapter 211(S.F.1184) permits road authorities to build and operate toll facilities, including bridges, tunnels, road or highways, and related rights-of--way. The project to be financed and developed as a toll facilities must be a part of a preapproved transportation plan. Road authorities may contract with private operators for design, construction, and operation of a toll facility. Joint powers agreements may enter into such arrangements. Law enforcement May 28,1993 jurisdiction on toll facilities would be the same as for other facilities. SH 'IYansportation demand manage- ment programs Chapter 230 (S.F.1290) allows the cities of Bloomington, Edina, Richfield, Eden Prairie, Minnetonka, Maple Grove, and Plymouth (in consultation with the Metropolitan Council) to adopt transportation demand management plans to use incentives and disincentives to reduce .the number of vehicle trips at times of congestion. The cities may charge fees to en-ployers or owners of nonresiden- tial buildings up to a maximum of $500 annually per employer, and to impose penalties on violations of the ordinance. 'rhe law also requires the city of St. Paul, with the Department of Administration, Metropolitan Council, Regional Transit Board, and Capitol Area Architectural Board, to develop a transportation demand management plan for the State Capitol complex by February 1, 1994. LRT authority, corridor manage- ment committee Chapter 353 (S.F.414) clarifies that the commissioner of transporta- tion, rather than individual cities, counties, or rail authorities, is empow- ered to plan, design, acquire, con- struct, and equip light rail transit (LRT) facilities. If a city, county, or town disapproves of preliminary design plans, the commissioner of transportation and the affected regional rail authority may request review by the metropolitan council. The law creates a comdor management committee to advise the commissioner on the design and construction of LRT in each corridor. The committee will include the members of the light rail transit joint powers board and a representative from each city in the corridor. SH Special legislation Duluth: 1Yansfers from gas division to general fund Chapter 148 (H.F.951) increases the amount.the city may transfer from the gas division account of the public utility fund to the general fund of the city. The city may transfer seven percent (currently five percent) of the gross operating revenue of the gas division in the previous yeaz. Effec- tive upon approval by the city council. SH Hutchinson: Distinguished residence signing Chapter 161 (H.F.1454) allows Hutchinson to use city signs to note residence by artists, writers, and musicians. The signs may be posted on trunk highway rights-of-way, and are not subject to usual permit require- ments. Effective upon approval by the city council. SH St. Paul design districts Chapter 242 (S.F.262} allows St. Paul to adopt design districts with design review procedures to preserve the city's appearance and quality. Effective day after local approval and filing. JJ Small business loans in Minneapolis Chapter 258 (H.F.1259) modifies authority of Minneapolis to make small business loans, allows capital purchase and improvement loans and defines eligible small businesses. Effective day after local approval. JJ Minneapolis: Small business loans Chapter 258 (H.F.1259) expands the purposes for which the city may give small business loans. Effective upon approval by the city council. SI I Residency requirements for Minne- apolis employees Chapter 260 (H.F.74) authorizes the city of Minneapolis, its library and Page 21 1993 law summaries continued -,~ park and recreation boards, and the .Minneapolis school district, to require residency within the city as a condition of employment. The residency requirement may apply only to people hired after the date the requirement takes effect. Effective upon respective local approvals and filings. JJ adopt rules for appropriate proportions of adequate housing choices in cities in the seven-county metropolitan area, and to determine the extent to which each city or town meets its allotment. The bill. did not include state aid- penalties for noncompliance, but did provide for a study of incentives to encourage housing choices. (Part of the Orfield proposal.) SH Metropolitan transportation area goals and plans Chapter 294 (H.F.623) would have required the commissioner of transpor- tation to amend the existing state transportation plan to include specific new criteria to determine when and where spending on transportation infrastructure should occur. -Its stated purpose was to "stabilize and enhance the social and economic health" of the seven-county metropolitan area. (Part of the Orfield proposal.) SH as depositories of public funds. JJ Arbitration for new bargaining units Chapter 346 (S.F.891) would have made interest arbitration mandatory for newly certified non-essential units under certain circumstances. The chapter also would have applied to the private sector. JJ Equal time for unions Chapter 359 (S.F.785) would have made it an unfair labor practice to deny a union equal time. to what management spends meeting with employees- during a union organizing drive. This chapter also would have applied to the private sector. JJ Hopkins landtlll cleanup Chapter 263 (H.F.1436) increases 1991 appropriation to the Pollution Control Agency by $1 million from the metro landfill contingency action wst fund to reimburse the city of Hopkins for methane remediation. Effective May 20, 1993. Legislation vetoed by the governor Residential speed limits .. Chapter 140 (H.F.1398) would have allowed cities to adopt a 25 mph speed limit on residential roadways-- streets less than one-quarter mile in length designed or used primarily for abutting residential properties. SH Comprehensive choice housing in 'metro area " Chapter 234 (HF.671} would have required the Metropolitan Council to High-speed bus study in metro area Chapter 349 (S.F.811) would have authorized study of a high-speed bus system and appropriated $50,000. SH Public investments in credit unions Chapter 28 (H.F. 296) would have authorized greater use of credit unions Union representation during investi- gations Chapter 360 (S.F.544) would have made it an unfair-labor practice to fait to notify an employee of his or her right to union representation before any investigative interview. JJ Page 22 LMC Cities Bulletin l .Omnibus .tax bill Gary Carlson and Sarah Hackett Chapter 375(H.F. 427) contains many provisions related to local governments and local finance. State aid and citvfinance LGA formula The law creates a new LGA formula based on the original League formula proposal. For 1994, each city will receive a base amount of LGA equal to the 1993 LGA, equalization aid, and disparity reduction aid distributed to each city. In addition, the formula will distribute $8.75 million of new money. The law eliminates equalization aid and the city portion of disparity reduction aid and folds the 1993 distributions to each city into the LGA base for 1994 and future years. Beginning in 1995, the grandfa- thered aid amounts gradually phase out by redistributing a portion of the base LGA through the formula. The increased money available for the LGA program each year is matched with a similar portion of the base. For example, if the appropriation increases by five percent, the formula would also redistribute five percent of the previous year's LGA base. Homestead and agricultural credit aid The law eliminates the household growth adjustment for city HACA beginning in 1994. Although no city will receive less HACA than the 1993 level, the state reimbursement for growth in the number of household is eliminated. Cities will lose an esti- mated $2.5 million in 1994 due to this change which will have the greatest impact on rapidly growing cities. Local government trust fund The law tratsfers the property tax targeting program, which costs approximately $21.5 million for the biennium, from the general fund to the local government trust fund (LGTF) beginning in F.Y. 1994. It transfers the renters' property tax refund, which costs approximately $177 million per biennium, into the LGTF effective in F.Y. 1997. The first $3 million of surplus in the LGTF at the end of F.Y. 1995 would proportionately increase property tax refunds for renters. Levy certification Beginning this fall, the levy cities certify to the county will be less the amount of IIACA. The act changes language Wat currently instructs the county auditor to subtract HACA from the certified levy. Implicitly, each city will now be responsible for this adjustment to the levy before certify- ing it to the county auditor. The law folds the equalization aid and disparity reduction aid programs into the LGA base. As a result, the county auditor will no longer reduce a city's certified levy with these amounts. The Department of Revenue will notify cities of this change with the 1994 aid certifications. Please note this change to avoid levy errors. Special assessments Counties will now be able to charge cities for the cost of administer- ing special assessments certified after July 1, 1993: The special assessment notice must be in clear language and must state that the council may adopt the ordinance imposing the special assessment at the hearing. Aid reductions for debts owed The commissioner of revenue may withhold local government aid payments to a debtor city or county and remit the amount to the creditor city or county if the debt is more than $100 and more than six months overdue. The commissioner must notify the debtor city or county and the contested case hearing process would apply. PrnFg~ty tax system Limited market value The law caps the annual market value increase for certain types of property at 10 percent or 1/3 of the increase, whichever is greater. This provision will only affect residential homestead and nonhomestead, agricultural, and cabin properties beginning in 1994. The cap would not cover valuation increases due to new improvements and it would phase out in assessment year 1948. ~~"his old house" The act allows a portion of the value of improvements to homes amore than 35 years of age to be exempt from the property tax for 10 years, or until sale of the home. After 10 years, the excluded value will phase-in over a period of five years. Additional restrictions,apply, depending on the age of the home. CommerciaVindustrial properties The act allows owners of multiple commercial or industrial properties in a city or town to qualify for $100,000 of market value to be taxed at the reduced class rate. Currently, only one parcel per owner per county can qualify. Each grain, fertilizer, or feed elevator parcel can now qualify for the preferential class rate on the first $100,000 of market value, regardless of ownership. Limitations on assessors The law revokes the license for any assessor, deputy assessor, assistant assessor, appraiser or other person employed for making property appraisals from doing similar work within the assessment jurisdiction. Homestead classification The deadline for converting property to homestead status will be December 1. Currently, the deadline for changing classification to home- stead is June 1. May 28,1993 Page 23 The law removes the requirement to file a homestead application every ~ four years. Once a property is classi- fied as homestead, it will remain in that classification until sold or trans- ferccd. Sales tax changes Certain local government pur- chases are now exempt from the sales tax. These exemptions include: • Purchases of bulletproof vests, • Repair and replacement parts for emergency vehicles and fire .trucks, • Machinery and equipment used at a landfill for solid waste disposal, and • Chore and homemaking services provided to the elderly and disabled. In addition, leases to local governments for public safety motor vehicles aze now exempt from the sales tax if the vehicle would be exempt from the motor vehicle excise tax. Board of government .innovation and coo,~eration The taxbill creates a boazd to provide grants and provide waivers to 'local governments to increase effi- ciencyand reduce costs. The law appropriates $1.2 million to the boazd for the next biennium. Grants from the boazd are targeted to: • Models or plans for innovative service budget management, • Plans for intergovernmental cooperation, • Design service sharing programs, • Combination/consolidation of two or more local governments. The new boazd will review and grant waivers of state laws and rules so that the local government will meet the desired outcome of the state requirement through a more efficient or effective process. The board will make recommen- dations to the Legislature on the elimination of state mandates that inhibit local government efficiency, innovation, or cooperation. Salary freeze The Governor's proposal for a salary freeze did not become law. The compromise was a requirement that employee compensation be discussed at wth in taxation hearings. TYuth in taxation Levy and budget adoption Unlike prior years when state law required cities to adopt their final property tax levy and budget at the initial (or continuation hearing), beginning in calendar year 1993, cities, counties, and schools must adopt final amounts at a "subsequent" hearing. Cities will, therefore, need to schedule two hearing dates between November 29 and December 20, and take the fmal vote on the levy and budget at the second hearing. Employee compensation information A compromise on the governor's proposal to freeze salaries of employ- ees of local governments resulted in a requirement that a statement appeaz on the mailed notice and in the newspaper advertisement stating that "informa- tion on the increases or decreases of the total budget, including employee and independentcontractor compensa- tion, for the prior year, current year, and proposed budget year, will be discussed at the truth in taxation hearing: ' In addition, the city must present the following information on em- ployee compensation when discussing the levy and budget at the budget hearing: a. The percent of the total proposed budget attributable to compensation costs; b. The number of employees by general classification, and wh_ ether they are full or part-time; c. The number and budget for independent contract employees; and d. The effect of budget increases and decreases on proposed property tax levies. Additional budget hearing provLsions A new requirement extends the hearing requirement to the following metropolitan agencies: Metropolitan Council, Metropolitan Airports Commission, Regional Transit Board, Metropolitan Mosquito Control Commission. Levies the Metropolitan Regional Rail Authorities make must be included in their county's levy and discussed at the counties' public hearings. Beginning in calendar year 1994, each school district's excess levy referenda will be listed separately from the general school levy on the wth in taxation notice. Regional library districts A statewide effort to give direct levy authority to regional library districts resulted in a provision to give two "regional library districts" authority to operate multicounty public library services and impose a separate property taz levy. The cities and counties may create the Great River and East Central library districts. Cities or counties which are members of such districts may levy for construc- tion, maintenance, and utility costs of library buildings. Tax increment financing and pollution abatement General TIF provisions Restrictions on developer repay- ments prohibit developer reimburse- ment to the city to cover the LGA/ IiACA penalties. It requires that repayment of tax increment financing (TIC assistance by a developer be treated in the same manner as incre- mentrevenues. Effective for districts which request certification after August 1, 1993. Notice of market value reductions The county assessor, county attorney, or commission of revenue must notify a city of a potential reduction in the market value of property that is located in a T1F district. This requirement would only Page 24 ~ LMC Cities Bulletin apply to reductions which occur after the final market values are established.. Effective May 25, 1993. Tax-forfeited land The net proceeds of a sale or lease of property within a TIF district which is tax forfeited must go to the district as increment for the project. A TIF authority must provide advance written notice of its housing proposal to each affected county commissioner. The notice must describe the district and the activities which will occur within the district, and include an offer to meet with and solicit comments from the county commissioner. Effective for districts which request certification after May 31, 1993. For taxes payable in 1993 and thereafter, all TIF districts must provide annual disclosure statements to the. county auditor, in addition to the county board, school board, and . commissioner of revenue. Housing districts Qualified housing districts are exempt from the LGA/HACA penalty. "Qualified" means a residential rental project whose properties receive benefit from the increment revenues and meet all of the requirements for a low-income housing credit. This criteria stands whether or not the project actually receives slow-income housing. credit. Effective for districts which request certification after August 1, 1993. Economic development districts Districts within "metropolitan statistical areas" (with populations under 10,000) are eligible for the phased-in LGA/HACA penalty for qualified manufacturing districts. Effective for districts which request certification after August 1,1993. The law defines tourism facilities. To be eligible, the facility must meet current requirements, plus new requirements that it be located: a. In a county where the median income is not more than 8S percent of the state median; May 28,1993 b In a county wheree, excluding .fast class cities, tourism-related earnings represent 15 percent or more of the total county earnings; and c. , In a city smaller than 20,000. Another change increases the percentage of nonqualifying uses within the district to a maximum of 15 percent (previously 10 percent). Effective for districts which request certification after May 31, 1993. .The duration of economic devel- opmentdistricts increases to nine years from the date of receipt of first increment (currently eight years), or eleven years from the date of approval of the TIF plan, whicheveris shorter. Effective for districts which request certification after May 31, 1993. Redevelopment districts For a redevelopment district, the TIF authority may chose to receive the fast increment under two scenarios. Either the authority may determine in the plan (or related agreement) that it must reach a minimum market value of improvements before receiving increments, or delay initial receipt of increment for up to four years, whichever is earlier. Effective for districts which request certification after May 31, 1993. A TIF authority must provide advance written notice of its redevel- opmentproposal to each affected county commissioner.. The notice must describe the district and the activities which will occur within the district, and must offer to meet with and solicit comments from the county commis- sioner. Effective for districts which request certification after May 31, 1993. ,provisions Minneapolis: Neighborhood revItal- ization program Minneapolis may spend neighbor- hood revitalization funds for its common bond fund without amending its TIF plan to permit such expendi- tures. Minnetonka: TIF soils district - Minnetonka may establish a special soils condition TIF district by December 1, 1995. The city will not have to establish a hazardous sub- stance subdistrict for a specific site. The district is exempt from certain TIF rules. Hopkins: TIF hazardous substance subdistrict Hopkins, or its HItA, may create one or more hazardous substance subdistricts at a specified site. The districts are exempt from certain TIF rules. Inver Grove Heights: Extension of economic development district Inver Grove Heights may extend its economic development district No. 3-2 for a maximum of two additional years, however, it may collect no more than eight years of increment. The law also allows the city to issue a maxi- mum of $4 million of general obliga- tion bonds without a referendum. Mankato: Extension of T1F redevelopment district Mankato may extend aredevelop- mentdistrict for over eight years: ~-It may only use the increment it receives during the extension period to pay debt service on bonds issued between April 1, 1993 and January 1, 1994, or bonds issued to refund these bonds. Eminent domain authority for cities of the first class Housing and redevelopment authorities in first class cities may use eminent domain powers over property which has, or had, a substandard structure on it within the last three years. Development of polluted uroperty Contamination clean-up grants The new tax law provides a new funding source, grant program, and TIF authority to facilitate clean-up of polluted property. Page 25 :Sites that would qualify under this new program can not be currently eligible on the lists for either federal or state Superfund monies. In addition, the property must have an appraised value (after. consideration of the contamination) of one-half or less than the costs of cleaning up the site and exceed $3 per square foot, and the authority must expect to develop the site within a reasonable amount of dme. Funding for the grants will come from revenues from a new contamina- tion tax -- a tax on the amount of a reduction to a property's value because of the contamination. One-half of the tax revenues will . go to local taxing jurisdictions, one- half to the contamination clean-up grant fund. Approximately $2.million will be available for grants beginning in fiscal year 1995. TIF provisions Indemnification fund 1. The law allows cities to establish an environmental liability guarantee fund using TIF or other_funds. The city may not use the fund to indemnify 'a party responsible for the pollution, and the law limits the liability for the authority and city to the funds avail- able in the. guarantee account. If the. city uses TIF revenues, pooling restrictions would. apply to the fund, and any revenues remaining at the end of the indemnification period would be considered excess increments. Soils condition districts The law removes. several of the qualification rules for these districts. The requirement that the district consist of 70 percent vacant land is eliminated, as well as the requirement that developer agreements be entered for one-half of the land in the district. The law clarifies that sons improve- ments include hazardous waste removal and remedial actions. 3°ecial ta'x nro_._ visions Minneapolis, St. Paul, and Duluth: Special service district The law allows Minneapolis, St. Paul, and Duluth to create or expand special service districts. St. Paul, Garrison, and Cook County: Local option sales taxes The law allows St. Paul, Garrison, and Cook County to impose a local option. sales tax for certain limited uses. Floodwood: Ambulance service district Floodwood and one. or more of the surrounding townships may establish an ambulance service: district and levy property taxes. Certain border cities: Border city enterprise zone appropriation The bill allocates $I.I million for tax reductions in border city enterprise. zones in several western Minnesota communities and $300,000 for a border city enterprise zone in Duluth. St. Paul: Residential rehabilitation program St. Paul may establish a residen- tial rehabilitation loan and grant program. The city may issue bonds to finance loans. and grants under the program. Goodhue County: 13RA authority The law gives Goodhue County the powers of an EDA, rural develop= went finance authority and I-iltA, with some restrictions. Page 26 LMC Cities Bulletin