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02-02-87 agenda,q'Y- / • CITY OF RICHFIELD, MINNESOTA Study Session Letter No. 6 February 2, 1987 Issue Statement: Discussion of Legislative Position Statements with Area Legislators. Background: At the January 12, 1987 city council meeting, the city council adopted several legislative position statements of importance to the City of Richfield. These legislative positions were also to serve as the basis for discussion with area legislators. Recommendation: Discuss the issues with the legislators and urge them to endorse or introduce legislation on the issues that are of benefit and importance to the City of Richfield. Basis for Recommendation: 1. The position statements have been adopted by the city council. 2. The proposed legislation is of benefit to the City of Richfield. Alternative 1. Request items. 2. Include Members positio Recommendation: that the legislators act on only a few specific other issues which are of concern to Council and not included in the attached legislative i statements. Discussion/Decision Mode: All of Richfield's legislative representatives have been invited to attend this study session to discuss these issues. Therefore, this item has been scheduled as the first item on the study session agenda. Respec ully submitted, Jam D. Prosser Cit Manager JDP/eja • The City of Richfield recommends that the state law on housemovers be amended to include the requirement of vehicle registration on moving equipment located so that the city can identify the mover even though the tractor may have been removed. VIII. Firefighter Residency Previous changes in state laws eliminated the ability of local governments to pose any requirements on residency for firefighters. As a result we are unable to be certain that there will be sufficient firefighters to return to the station as backup in cases where our scheduled firefighters are engaged in firefighting activities. This can be a serious situation. The City of Richfield does not have sufficient funds to provide an adequate number of firefighters for every contingency without use of callback. The City of Richfield recommends that the firefighter residency law be amended to allow cities in metropolitan areas to set time and distance standards for career firefighters. IX. Comparable Worth • The state previously enacted a law requiring comparable studies and action and plans to be developed by local governments. Given the nature of existing public employee labor relations laws, there appears to be a serious conflict between these laws and the purpose of comparable worth. The City of Richfield recommends that essential employees be removed from the comparable worth requirements to maintain internal equity or to change the public employee labor relations act to require that arbitrators be required to assure that any wage settlements are consistent with the comparable worth policies established by cities. X. Airport Noise In the 1970's the pattern of aircraft usage was changed dramatically, adversely impacting Richfield residents. In the past few years noise pollution has reached critical levels. The City of Richfield supports the recommendation by the noise budget working group to establish an absolute ceiling on total noise that can be produced by aircraft serving the Minneapolis/St. Paul International Airport. While no other major airport in the United States has an absolute ceiling on airline/airport noise, we believe that this is the appropriate time for the Metropolitan Airports Commission to be a leader, and other airports will certainly follow. The city supports the 18% reduction rate recommended by the majority of the noise budget working group. XI. Runway 422 Extension The City of Richfield is unequivocally opposed to the extension of Runway 422 for two basic reasons. First, the extension of 422 would place this runway closer to residential property than any other runway. Second, the extension of 422 will have a net increase of total number of persons affected by noise pollution. Energies should be devoted toward reducing the total amount of noise, not merely distributing it more widely. • 0 . CITY OF RICHFIELD LEGISLATIVE POLICIES 1987/88 I. Municipal Revenue A. Property Tax It is increasingly clear that there significant momentum to provide some type of property tax reform within the state. While the City of Richfield applauds the intent and desire to develop a more equitable tax structure, it also recognizes that historically property tax reform has reduced the ability of local governments to provide services demanded by the residents. It is imperative that any change in the property tax structure be carefully reviewed for impact upon municipalities prior to any legislative action. Other specific concerns regarding property tax structure changes include the following: 1. The City of Richfield remains strongly opposed to limitations on the tax levy and recommends that the legislature repeal levy limit laws for cities. 2. Richfield urges that the legislature restore the annual levy base increase to the implicit price deflator or 5% whichever is greater. 3. Richfield supports continued use of the current base adjustment factor as a minimum for future levy years, if the legislature finds it necessary to continue levy limits. B. State Mandated Programs Both the state and federal government are finding it convenient to mandate state and local programs and either directly or indirectly, pass the requirement to provide those services to local governments, or leaving a void which must be filled by local governments. Additionally, the state and federal government continue to mandate certain programs and services to local governments without providing the necessary financial resources to accomplish those programs. The City of Richfield urges the Legislature recognize that mandated increased expenditures and a program without a corresponding funding capacity mandates a decrease of expenditures in other service areas. . Therefore, when such increases are mandated by the Legislature, an alternate revenue source must be identified by the State Legislature. An example of a mandated cost is comparable worth. • Richfield urges the Legislature to provide the necessary revenues to compensate the communities for the mandated implementation of comparable worth studies. C. Tax Payments The method of distributing taxes due to local governments has been changed for 1986 and 1987. The delay in receipts of tax payments has provided a serious hardship on Richfield's cash flow. The City of Richfield, therefore, requests a return to the previous system of distributing tax settlements to local governments. D. Local Government Aid The formula for local government aid distribution from the State has been a hotly debated issue for the past number of years. It is likely that this state debate will continue and that some changes may be made by the State. The City of Richfield urges the Legislature to continue the commitment to all local governments and maintain reasonable property taxes by increasing its funding of local government aid programs on as fair and equitable ' basis as possible. We also request continuation of homestead credits for cities and a return to quarterly payments of LGA to local governments which was the previous practice in the early 1980's. E. Street and Highway Funding An efficient transportation system is a vital element in planning for regional economic and social development at the state, regional, and local level. Due to past high inflation and declining state revenues there has been a tendency by the Legislature to divert much need roadway funds to state general expenditure. This trend must be reversed. The City of Richfield urges the Legislature to provide adequate levels of funds so that necessary street and highway maintenance may be continued. Furthermore, Richfield recommends that the uses for MSA funding be broadened so that we can continue to undertake appropriate measures to maintain our city streets. II. Tax Increment Financing Tax Increment Financing has proven to be a valuable tool . that assisted many cities in various parts of the state to define and carry out rehabilitation and development, housing and economic development projects on their own initiative. This has proven to be the most feasible and effective financial development strategy which is currently available to cities in preserving and improving the physical and economic environment in their community. The City of Richfield believes that presen changes are made by the Legislature beyond would require. The City of Richfield also direct access to competitive pools for tax financing and industrial development bonds preserved. III. Tort Liability tly no substantive what federal law recommends that increment should be Tort Liability was enacted to protect the public treasury, that is, the taxpayer, while giving citizens relief from prior doctrine of sovereign immunity which were arbitrary, confusing and expensive. In that regard the act has served us well. There are, however, some changes which should take place in order to continue to protect the taxpayers. A. The City of Richfield supports a continued existence of municipal tort liability act and recommends that the current limits of liability remain intact. The City of Richfield urges the Legislature to eliminate joint and several liability so that cities and their taxpayers are not unfairly subjected to deep pocket awards. B. The City of Richfield recommends that the Legislature develop a policy providing for structured settlements when awards are over $300,000. The City of Richfield recommends that the Legislature provide governmental pools such as the League of Minnesota Cities with the status of a non-insurance entity, thus providing protection from awards exceeding $600,000 cap provided by statute. C. The City of Richfield recommends repeal of the 1986 amendment to the Municipal Tort Liability statute Chapter 455, Section 76, 1986, which prohibits municipalities from saving harmless, indemnifying or insuring an officer or employee for punitive damages. A separate, but important area of concern, relates to liability for volunteers. Public and nonprofit agencies use a large number of volunteers in athletic programs including team managers, coaches, umpires or referees. Increasingly the concern about liability due to claims and awards against individuals serving in this capacity has diminished the willingness of individuals to volunteer for these activities. The City of Richfield recommends approval of legislation which would exempt volunteers from liability against civil damages as a result of their acts or omissions in rendering such services upon conducting or sponsoring a sports program. Immunity would not • extend to anyone found to cause damages by willful or wanton negligent contact, nor to any volunteer who does not participate in the appropriate safety training provided by an approved agency. IV. Youth Service Bureaus Youth Service Bureaus operating within or by joint powers agreement and sponsored initially through federal and state grants have proven to be successful in curbing increased incidents of repetitive youth offenses. These agencies have been especially effective because of the ease and speed of access for local clients. However, this concept is in danger due to funding limitations. The City of Richfield urges the Legislature to reverse the past few years' trend and increase the state grant program funding for youth service bureau activities. Additionally, for the programs to succeed, local units must be provided the ability to fund these programs through the local property tax levy by use of a special levy or a base increase. V. Liquor Control A. Wine in Grocery Stores • The sale of wine in grocery stores, fast food stores would create many problems of control for local units of government, since minors have significantly higher employment rates in these establishments. A local option on sales is also unworkable, particularly because of our physical location. The City of Richfield opposes a provision for the off- sale of wine in other than liquor stores. B. One Class of Beer Legislation has previously been proposed which would eliminate manufactured sale of 3.2 beer in Minnesota. If this were accomplished substantial problems could arise in the control and sale of strong beer in service stations, grocery stores, drug stores and elsewhere. The City of Richfield opposes the elimination of 3.2 beer sales in Minnesota. VII.House Moving In the recent past the City of Richfield has experienced several problems with house movers. Houses have been deposited on empty lots without notifying the city. These houses pose a definite safety hazard.