HomeMy WebLinkAbout10.06.99 Work Session Packet
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.c:i.farmington.mn.us
TO:
Mayor and Councilmembers
FROM:
John Erar, City Administrator
SUBJECT:
Special Meeting
DATE:
September 23, 1999.
Please be advised there will be a Legislative Meeting on Wednesday, October 6, 1999 at 7:00 p.m. in
the Council Chambers. The meeting is being held to discuss a broad number of issues and concerns
affecting local government.
If you have questions or comments, or you are unable to attend the meeting, please contact me at City
Hall.
J Erar
ity Administrator
Cc: Farmington Independent
Dakota County Tribune
Lakeville Life & Times
Management Team
Post
Receptionist
Robin Roland
From:
Sent:
To:
Cc:
Subject:
Kevan Soderberg [kevan@mninter.net]
Sunday, September 26, 19992:17 PM
Robin Roland
John Erar
Legislative Meeting Agenda
Robin:
At the last City Council meeting, John presented a policy position paper for Council comments. I have forwarded a copy to
Council members Strachan, Cordes, and Mayor Ristow. Would you please print a copy of this for Councilmember Verch.
ljtem:
3d) Reverse Referendum -I am not totally opposed to referendum, the position paper says "strongly opposed". I would be
will to engage in discussion on this point.
3f) Tax Rate Increase Authorization Law - I personally favor disclosure. By disclosing the amount of the actual levy is
understandable where the TCR can be confusing for most people. I know it has taken some concentrated effort on my
part to start to understand this. It is possible I do not understand this paragraph, but as a general policy, I support
disclosure in an understandable format.
4d) Special City Legislation - Hill Dee is mentioned in the attached letter from Joel. Does the Autumn Glenn land issue
need to be resolved through this mechanism also?
6a) Stop Light Cameras - Upon this point I remain unmoveable. I strongly oppose stop light cameras. Government
surveillance of the citizens does not tend toward a free society, on the contrary, it tends toward tyranny.
I wanted to forward this to you in the event I do not have opportunity to talk to you before Monday's close of business.
Thanks
Kevan
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1
Special Council Meeting
Meeting with Legislative Delegation
City Council Chambers
Wednesday, October 6, 1999 - 7:00 p.m.
TENTATIVE AGENDA
1. Call to Order
2. Approve Agenda
3. Local Government Finance
a) Tax Levy Limitations
b) State Aids
c) Sales Tax Repeal
d) Reverse Referendum
e) Limited Market Value
f) Tax Rate Increase Authorization Law
4. Introduction of Legislation Affecting Local Government
a) State Mandates
b) Legislation Affecting City Interests
c) Cable Franchise Fees
d) Special City Legislation
e) Overall Communication Issues
5. Growth Management - Issues and Concerns
a) Smart Growth Principles
b) Annexation Legislation
6. Public Safety Legislation - Issues and Concerns
a) Stop Light Cameras
b) Residential Speed Limit Authority
7. City/State Relationship - Improvement Strategies
8. Open Forum
9. Adjourn
CITY OF FARMINGTON
POLICY POSITION PAPER
LEGISLATIVE ISSUES WORKSHOP
Wednesday, October 6, 1999 - 7:00 p.m.
3a) TAX LEVY LIMITS
City Position: The City strongly opposes levy limits and urges the legislature to not re-enact
them for 2000 or beyond. Cities, in general, must have the ability to address and respond to local
tax and spend issues at the local level. The City also opposes the imposition of artificial
mechanisms such as valuation freezes, payroll freezes, super majority requirements for levy, or
other limitations to the local government budget and taxing process. Local elected officials are
directly accountable to their constituents, and need flexibility to respond to changing community
dynamics and needs without state imposed restrictions.
Legislation Delegation Position:
3b) STATE AIDS
City Position: Local Government Aid (LGA) is a necessary, state-raised resource to supplement
local property taxes. Therefore, the City supports its continuation with an annual inflation index,
along with additional state resources to further reduce the reliance on the property tax. In
addition, any LGA formula changes considered by the legislature must have a positive impact on
the metropolitan area. The Homestead and Agricultural Credit Aid (HACA) equals about 40
percent of the total local aid and should be continued as part of the local fiscal relationship, with
an inflation or increased household growth factor restored for cities. The City strongly opposes
the conversion of city HACA to school aid. It should also be pointed out that the Citizens Jury on
MN Property Tax Reform concluded and strongly supported that state aids should continue to
flow to cities, counties and school districts.
Legislative Delegation Position:
3c) SALES TAX REPEAL
City Position: The legislature should reinstate the sales tax exemption for all local government
purchases without requiring a reduction in other aids. Cities, counties and townships will pay
more than $80 million this year to- the state on purchases for items like road maintenance
equipment and wastewater facilities. With what? Taxes they collect from the state's property tax
payers. This sales tax on local government purchases was imposed in 1992 when the state faced
a severe budget shortfall. With the state clearly in the black, this tax is simply unnecessary,
causes higher property taxes and user fees, and only adds more to the surplus.
The City would like to thank legislators for their past support of repeal efforts, and appreciate
their continuing support to enact a final repeal of this legislation.
Legislative Delegation Position:
3d) REVERSE REFERENDUM
City Position: The City strongly opposes any attempt to institute a reverse referendum provision.
Local government officials are elected to make decisions in the best interests of their
constituencies. This includes decisions that sometimes result in tax increases that fund needed
local government services. Allowing each taxing decision to be effectively "second guessed"
would create a profound obstacle in the policy-making process, and jeopardize the ability of
locally elected officials to make needed, but unpopular decisions. The ballot box already
provides for the removal of elected officials.
Individual comments from City Council members will be shared at the meeting.
Legislative Delegation Position:
3e) LIMITED MARKET VALUE
City Position: The City strongly opposes further extension of artificial limits in valuing property
at market for property taxation purposes. Limiting market value increase on existing property to
a non-market index or set rate will cause various property tax system problems. Similar
properties will be taxed differently if new or sold and improvements will be discouraged. Tax
shifts will occur mainly on lower valued homes and the ability to issue bonds may be adversely
affected. Finally, it will be politically difficult as well as costly to persons owning long-term
capped properties when it becomes necessary to sunset due to vast differences in tax liabilities
for like properties. The City believes that enhanced targeting for special circumstances such as
low-income persons better serves the tax system. The free market, not a legislatively mandated
one, should be the primary determinant in the assignment of housing values for property taxation
purposes.
Legislative Delegation Position:
3f) TAX RATE INCREASE AUTHORIZATION LAW
City Position: A recent change by the 1999 legislature compels cities to adopt a resolution citing
increases in their total tax levy. This requirement is in addition to Truth-in-Taxation hearings,
publication and disclosure statements, as well as a myriad of other taxpayer notification
provisions already in the law. Furthermore, this legislative mandate ignores differing
circumstances in a community's growth rate where population increases require cities to spend
more to provide the same level of service. In Farmington's case, while the total levy will increase
by approximately $90,000 in the year 2000, the City's tax capacity rate (TCR) will actually
decrease. The City suggests that the TCR is a much better indicator of the relative tax burden that
City spending confers on taxable property. The City would urge repeal of this new legislative
requirement.
Individual comments from City Council members will be shared at the meeting.l
Legislative Delegation Position:
4a) STATE MANDATES
City Position: The City opposes any legislative mandates that do not include supporting state
funding. While the City acknowledges the need for the legislature to take a leadership role on
state and regional issues affecting the health and welfare of communities in general, the costs of
implementing these legislative directives should not fall solely on local government. Statewide
mandates should not be enacted unless full funding is provided or a permanent stable revenue
source is established. Cities should be given flexibility in implementing mandates to ensure their
cost is minimized.
Legislative Delegation Position:
4b) LEGISLATION AFFECTING CITY INTERESTS
City Position: The City is requesting that any legislation authored or sponsored by a member of
the City's Legislative Delegation that may affect local government interests, adversely or
otherwise, be communicated to the City Council. This will allow the City time to review and
comment on the proposed legislation. The City would encourage its state representatives to
contact local officials for information and feedback on particular issues brought to their attention
by our common constituencies.
Legislative Delegation Position:
4c) Cable Franchise Fees
City Position: The City opposes any legislative efforts to change current law that would
effectively redirect local franchise fees to the state and significantly weaken local regulatory
control over cable franchise activities. Cities utilize franchise fees to conduct a host of local
regulatory actions relative to rights-of-way, subscriber complaints, local cable commission
activities as well as underwrite a variety of activities associated with public information access.
Legislative Delegation Position:
4d) SPECIAL CITY LEGISLATION
City Position: See attached communication from the City Attorney.
Individual comments from City Council members will be shared at the meeting.
4e) OVERALL COMMUNICATION ISSUES
City Position: While many respected polls suggest that local government is still the most trusted
level of government, significant communication issues continue to emerge between State and
Local government. The need to maintain a mutually respectful, and productive relationship is
especially important in terms of how the average citizen perceives their government in general.
Consequently, as state and local government serves similar constituencies, the need to build
bridges in terms of a common base of understanding is of critical importance. Legislated
solutions to local concerns should be the last step in the process.. . communication and seeking a
better understanding of the circumstances and challenges facing both levels of government
should be our first (see attachment).
Sa) SMART GROWTH PRINCIPLES
City Position: The City supports Metropolitan Council "Smart Growth Principles" as adopted
(attachment). The City would contend that non-municipal growth occurring in unincorporated
fringe areas outside the regional blueprint is contrary to smart growth principles, and contributes
to urban sprawl. Smart growth principles recognize the need to properly plan urbanized
development to ensure optimum use of limited environmental resources, and provide for cost-
effective solutions to infrastructure support needs.
Legislative Delegation Position:
5b) ANNEXATION LEGISLATION
City Position: The City strongly opposes any legislation that would alter current annexation by
ordinance laws. The City supports' legislative findings contained in M.S. 414.01 that cites
municipal government as the most efficient and appropriate form of government for intensive
residential, commercial, industrial development. Cities must have the ability to annex adjoining
property to ensure compatible urban design standards; the continuity of appropriate land use and
zOiling controls; the preservation of clear urban-rural boundaries; and avoid the premature
development of agricultural lands. Restrictive annexation policies prevent the formulation of
efficient, strategic long-term regional land-use planning that lead to environmental degradation,
inadequate transportation planning, urban sprawl, duplication of local government services, and
premature conversion of farm land.
Legislative Delegation Position:
6a) STOP LIGHT CAMERAS
City Position: Statistics show that intersections controlled by stop lights experience a higher rate
of crashes than uncontrolled intersections. Crashes at controlled intersection are the result of
stop light violations. The best way to control violations is by a managed enforcement and
education campaign. The educational aspect is best utilized on repeat or local drivers. The
educational value in stoplight enforcement is diminished due to the transient nature of traffic
using the State and County highway systems. Continuous enforcement is not a practical option
due to limitations of police resources. The availability of stop light cameras statewide would
make drivers think twice before willfully violating a stop light.
Individual comments from City Council members will be shared at the meeting.
Legislative Delegation Position:
6b) RESIDENTIAL SPEED LIMITS
City Position: Cities have received numerous complaints about cars traveling too fast even
though they are not exceeding 30 MPH residential speed limits. Studies show typical residential
speed to fall between 22-24 MPH which appears to be an acceptable rate to most residents. In an
effort to curb urban sprawl by higher use of urban property cities are developing smaller
residentia1lots with narrower streets. This creates an even larger concern over "speeders" in
residential areas. Statutory authority to allow a 25 MPH residential speed limit would greatly
assist local authorities in promoting safer driving speeds. The 25 MPH residential speed limit is
also in compliance with Department of Transportation guidelines setting speed limits at the
speed at which most drivers are comfortable (22-24MPH).
Enforcement in each of these areas is diminished by the State of Minnesota Quota Law
prohibiting Chief Law Enforcement Officers from directing officers to write tickets. I do not
dispute that Law but law enforcement needs an alternative to ordering the issuance of tickets.
Legislative Delegation Position:
56
CITIZENS JURY ON MINNESOTA TAX REFORM
Minnesota State Capitol and Minnesota Department of Revenue
August 2-6, 1999
What role should the property tax play in financing local governments?
Recommendation Statements:
In response to charge question number one, we recommend:
. Less reliance on property tax across the board.
. Minimal changes in the use of local sales taxes
. NOT to create a new tax in the form of a local income tax
. State aid should playa greater role in funding schools
. More reliance on fees & charges across the board.
. An increase in state aid due to increasing state mandates
. A direct connection between fees & charges and the services
Through this process, there has been a realization that by reducing property tax,
there is a shift to other taxes (local sales, fees & charges, and state aid) but we are
hesitant to add any new taxes.
After the education that we have received, we understand the importance of
educating the public about property taxes and related issues.
Source: Citizens Jury on Minnesota Property Tax Reform
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LMC
145 University Avenue West, St. Paul, MN 55103-2044
phone: (651) 281-1200 · (800) 925-1122
Fax: (651) 281-1299 · mn (651) 281-1290
Lug_ of Minnesota Cities
Cities promDting =el1""""
STATE MANDATES TO MINNESOTA CITIES
PERSONNELIEMPLOYEE RELATIONS
Pay equity. implementation and reporting (M.S.471.991-99) - Personnel costs have been
substantially increased by the state requirement that cities and other local governments
conduct job evaluation studies, report on implementation, and meet equitable
compensation standards as defined in rule and measured by a volatile computer software
program. Recent developments complicating the issue have been an increase in actual
and theoretical reverse discrimination lawsuits, the administration of the penalty
provision by DOER, and a proposed lower limit on local compensation.
Workers' Compensation (M.S.176) - Cities are responsible for enforcing state requirements for
workers' compensation for local contractors and licensees.
Public pensions - Basic and Coordinated 'Plans (M.S.353) - Cities are mandated to participate in
the state Public Employee Retirement Association (PERA), that requires city employer
contribution rates of 10.73 percent for Basic plan members and 4.48 percent for
Coordinated plan members.
Continuation of health and life insurance coverage (M.S.62AI7 and M.S.61A.092) - Cities must
comply with a state requirement to offer continued health and life insurance coverage
following voluntary or involuntary termination.
Prevailing wages paid on public contracts (M.S.177.41 and AG. Qp.415cl) - The state's Davis-
Bacon requirements (prevailing wage requirements), as interpreted by the Attorney
General, substantially increase the costs of city contracts.
Veterans 'Preference (M.S. 197.447. 455. 46. 48. 481 and 192.26) - Cities are required to give
preferential treatment to veterans for hiring, protection from discharge, fullypiUd leave
while challenging any discharge or disciplinary action, and full salary for up to three
weeks for all city employees serving in the military reserves or on active duty.
Mandatorv Binding Arbitration (M.S. 179A16. .18) - Employee classes such as peace officers
and firefighters are not allowed to strike. Rather, cities are mandated to comply with
the compensation and benefit determinations of an appointed arbitrator, even if the
elected representatives of the city's residents determine that a strike would be
preferable. In 1999 the law was changed to require final-offer-total-package
arbitration for firefighters.
AN EQUALOPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
PUBLIC SAFETY
Peace officer standards and traininsz (POST) (M.S.626.84-863 - Cities are required to assure that
their public safety personnel complete mandated preservice and continuing in-service
training to maintain licensed law enfqrcement officer status. Most recently, police
pursuit training requirements (1999) and increased training for part-time peace officers
(1999)
Temoorary detention facilities/detoxification centers - City facilities for temporary holding of
persons who have been arrested must meet state standards for the building and its
maintenance.
Confined soace entrY - State and federal standards are imposed for situations where a confined
space (such as a manhole) is entered. For example, there is a requirement that a
minimum of two employees are present whenever a confined space is entered (OSHA).
Animal control (M.S.346. 347) - State regulations set standards for facilities used for animal
control, procedures for apprehending animals, and minimum holding periods.
"First responder" and firefightinsz by city employees on state highways - State reimbursement for
these public safety services does not adequately cover the costs of performing these
services.
800 meszahertz radio system (M.S. 473.891-.905) - Regional public safety mdio communications
system for which metro-area cities must implement plans by 1997
Ambulance stuffing and eauipment reauirements - Governed by the Emergency Medical
Services Board.7. most recently changed in 1999.
ENVIRONMENT
Wastewater treatment standards - State requirements exceed those set by the federal government
for many standards affecting wastewater treatment. Extensive and complicated reporting
requirements are mandated by the pollution control agency (PCA).
Wetlands - The Wetland Conservation Act must be administered by a city, county, or other local
government unit. -.-...
Solid Waste Manaszement - State law specifies the existence and parameters of local recycling
programs, waste collection practices, etc.
Drinking water standards - State. and federal regulation of drinking water requires frequent
testing and reporting to assure adherence to standards.
Surface water manaszement organizations or plan CM.S.I 03) - Cities are required to participate in
the development and costs of a comprehensive water management plan.
2
Waste disoosal facilities (PCA Rules) - State and federal regulation mandates most aspects of
waste to energy facilities and sanitary landfills.
Hazardous substance trarlsoortation (M.S.221 and federal SARA) - State and federal regulations
govern the transportation of hazardous substances. Cities are required to select routes for
transport, and police those routes, even though they are frequently not city streets.
Minnesota Clean Indoor Air Act CM.S.144.411-17) - Cities are required to comply with and
enforce the act within their public buildings.
PLANNING
Land use plarming (M.S.473H) - Cities in the seven-county metro area are required by the state
to have a comprehensive land use plan. Laws 1995, Chapter 176 requires all city plans to
be updated by 12/31/98.
State zoning standards CM.S.463.365) - Local zoning decisions for !llanufactured homes, group
homes, earth-sheltered homes, etc., are limited by the state.
Uniform building code NBC) CM.S.13) - Cities are required to adopt and enforce a state uniform.
building code which regulates heating, ventilation, energy conservation, electric, fire
standards, and plumbing. Handicap accessibility is one of the requirements whichniust
be assured for public buildings. Cities no longer receive excess building code fees to
help train local officials.
Flood olain marlagement (M.S.I04.04) - The commissioner of natural resources is authorized to
require and approve local government reporting on flood plain management ordinances.
Costs associated with imposing local ordinances are usually borne by the local
government.
Flood insurance CM.S.I04.08) - The state requires that all local governments subject to recurrent
flooding participate in the national flood insurance program.
Shoreland regulations (M.S.105.485) - The commissioner ofnatural.l'esources is authorized to
require and approve local government reporting on shoreland management ordinances,
and monitor ongoing larld use in the vicinity of the shoreland. .0.
TRANSPORTATION
Municioal state aid roads CM.S.162.09 and MnDOT rules) - Cities must comply with standards in
order to receive reimbursement for funding for construction and maintenance of certain
roads. These standards often result in "overbuilding" city streets. Many items, such as
full signals, landscaping, pre-engineering, and certain legal costs are not eligible for
compensation.
3
Computer requirements (Dept. of Transportation) - MnDOT's Office of State Aid requires that
cities receiving municipal state aid must purchase, and may only use, Mn DOT specified
network computer hardware and software.
GENERAL GOVERNMENTIRECORD KEEPING
Bleacher Safety - Minnesota session laws 1999 Chapter 250 establishes safety requirements that
apply to all bleachers over 30 inches above grade or the floor below. By Jan. 1,2001,
municipalities will be required to provide the commissioner of :ulministration with a
signed certification of compliance prepared by a qualified and certified building official
or state licensed design professional that certifies the bleachers have been inspected, are
in compliance with the safety requirements, and are structurally sound.
Minncor (M.S.16B181) - A 1998 law change will require the state and all political subdivisions
to purchase only from MINNCOR when purchasing the products MINNCOR produces.
This requirement is effective the year 2000 if the state and political subdivisions fail to
meet a purchasing quota - the quota has not yet been established.
Non-visual technology - A 1998 law mandates the state and all political subdivisions to require
all technology hardware and software purchases and upgrades to satisfy non-visual
technology standards that exceed the America Disability Act (ADA) requirements. This
mandate requires the purhcase of tehcnology that is either not yet available on the market
or is cost prohibitive. Some believe that common purchases of pagers, lap top computers,
cell phones, Microsoft Office applications, Lotus, GIS and more violate the letter of the
law.
Street lighting (M.S.216C.19) - State law requires all new and replacement lighting for street and
parking lot lighting to meet energy efficiency standards adopted by the Department of
Transportation. Lamps with initial efficiencies of at least 70 lumens per watts, such as
high pressure sodium or metal halide lamps, are required; mercury vapor lamps may not
be used.
Conducting elections (M.S.205) - State requirements determine when and how cities conduct
elections. These laws apply to: regular and special elections; 'elections for county, state,
federal, city and some school races; the timing of the election; publication and posting of
the election; the hours that polls must remain open; the number and salaries.e-f-election
judges; state-certified voting equipment; time lines for testing of voting equipment;
preparation of ballots; absentee ballot procedures; and same-day voter registration.
State record retention schedule (Dept. of Administration) - State regulations determine what
records cities must keep and for what length of time. Requirements include storage time
ranging from three years to infinity.
Minnesota Government Data Practices Act CM.S.13) - Nearly all government data is to be
considered to be public and access and reproduction of this information is required. The
costs and fees charged for this data is minimal and limited.
4
O{)en Meeting Law (M. S.4 71.705) - Cities are required to open all of their meetings to the
public. There are specific requirements for meeting notices, agendas, and minutes. .
Unlike violations of the law by the Legislature, city officials may and have been sued for
alleged violations.
Competitive biddinlZ (M.S.471.345 and M.S.429.041) - The uniform municipal contracting law
contains extensive regulation of the requirements for the advertising of and bidding on
municipal contracts.
Examination of bonded public employees (M.S.574.23) - An examination process is required
whenever there is a change in the personnel for city clerks and treasurers.
Summarv budlZet statement publication (M.S.471.6965) - Annual publication of the summary
budget must include information relating to anticipated revenues and expenditures in a
design so that a comparison may be made between the current and budget years. This
must be published in the official newspaper of the city.
Home rule city charters (M.S.410) - State regulations are provided for the framing, adoption, and
amendments to the charter, and the operation of the charter commission.
Munici{)alliauor store reportinlZ reauirements (M.S.471.6985) - State reporting requirements for
financial statements from municipal liquor stores, hearings mandated if store shows loss
in any two of three consecutive years.
Annual Tax Increment District ReportinlZ Requirements (M.S. 469.175) - Comprehensive and
detailed annual,r:eports of each TIF district are required and they must be provided by
cities to County Board(s), County Auditor(s), School Board(s), and the State Auditor.
SecurinlZ vacant buildinlZs (M.S. 463-251) - Notice must be sent to the owner or owner's agent,
the property taxpayer of record, holders of mortgage or sheriffs' certificates, and the
neighborhood association in the metro area.
REVENUE CONSTRAINTS
HACA - A reduction in HACA to fund the mandate costing legislation enacted in Yle..1997
Omnibus Tax Bill, Chapter 231, Article 11, Sec.6.
Tax exempt property - Many properties in cities are defined by state statute as exempt from
property taxes imposed by the city. The use and nature of these properties frequently
increase city costs (police and fire protection, road maintenance, street lighting, etc.).
Examples include: state institutions, such as universities, hospitals, correcti.ons facilities,
and other state-owned properties. .'
5
Limitations on local special assessments CM.S.429) - Statutory restrictions are imposed on the
uses, notices, hearings, bidding, contracts, apportionment of cost, assessment procedures,
and collection of special assessments.
Local improvement reauirements (M.S. 429.031) - Feasibility reports must contain information
showing the need and cost effectiveness of the project.
Limitations on maximum penalties and fine CM.S.609.033-0391 - Statutory restrictions are
placed on allowable penalties and fines for ordinance violations, and petty and gross
misdemeanors.
Truth in taxation (M.S.275.065) - State law requires cities to provide prenotification of property
tax changes, newspaper advertisements, multiple special hearings, and compliance with
state rules. Cities must certify a proposed levy amount and, with few exceptions, are not
allowed to increase this amount. Cities must also pay a proportional share of the
counties' costs of preparing and mailing parcel specific notices.
MISCELLANEOUS
State sales and MVET on city purchases - Cities are required to raise, through property taxes or
fees, adequate revenue to pay the 6.5 percent sales tax on most city purchases of goods
and services. In addition, they must pay the motor vehicle excise tax (MVET) on
vehicles such as road maintenance vehicles, plows, dump trucks, etc.
Grandfathered contributions to regional libraries (M.S. 134.34) - The state requires that once a
city participates in funding a regional library, the minimum contribution made may not be
reduced. This ~dfathers in any contribution increase.
Ordinance copies to law libraries CM.S. 415.021) - Cities are required to furnish copies of any
ordinances they adopt to the local county law libraries and do not receive reimbursement
for reasonable copying charges unless they make a request to the library.
8/99
6
CAMPBELL KNUTSON
LId
Professional Association
Attorneys at Law
Thomas J. Camphell
Roger N. Knutson
Thomas :VI. Scott
Elliott B. Knetsch
Suesan Lea Pace
(651) 452-5000
Fax (651) 452-5550
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Fob
Marguerite :Vi. McCarron
September 17, 1999
~'Also lic<?nsed In \'(!isccmsln
Mr. John Erar
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
Re: Hill Dee Addition
Our File No. 4976/028
Dear John:
As we discussed on Monday morning, we have an unresolved issue that our
legislative delegation could help us with; involving a 1993 conveyance of land by the
City to a private property owner.
By warranty deed the City conveyed title in the west 40 feet of Lot 5, Block 2,
Hill Dee Addition to the abutting landowners. The property conveyed, however, was
not held in fee by the City; the State of Minnesota had a reversionary interest in the
property. Clearing the title requires obtaining a conveyance or release from the State
of Minnesota.
The enclosed materials describe the matter more fully. I propose we ask our
legislative delegation for their assistance in resolving this matter when we meet on
October 6.
Very truly yours,
Campbell Knutson
Professional Association
~ ------
. Jamnik
JJJ:cjh
Enclosure
cc: Ms. Judy Alexander - Burnet Title
Suite 317 . Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121
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N tunher 27
County Commissioner's letter evokes
legislative response
Local officials meet with House and Senate leadership
I
f.,
Gary Carlson
A letter penned shortly after the close
of the 1999 legislative session by
Stearns County Commissioner Rose
Arnold prompted legislative leaders
from the House and Senate to call a
meeting with representatives oflocal
units of government to discuss the
sometimes strained relationship be-
tween the state and local government
officials.
In her letter, Commissioner
Arnold. the current president of the
Association of Minnesota Counties,
expressed concerns about the "rhetoric
that some legislators are using in talk-
ing about local government officials
and the governments they serve." Com-
missioner Arnold went on to state that
she believes "too many legislators have
suggested in the strongest terms that
local officials can't be trusted, are
irresponsible in their spending deci-
sions or, at some points, legislators
have suggested that we are somehow
dishonest."
Commissioner Arnold admitted
that sometimes local officials are also
guilty of SImilar rhetoric when talking
about state officials. However, she
stressed that "as leaders, we have a
responsibility to do everything within
our power to bring a higher level of
debate and respect for the vital role
that we play with the system.."
At the request of Senate Majority
Leader Roger Moe (DFL-Erskine),
House Speaker Steve Sviggum (R-
Kenyon),Senate Minority Leader
Dick Day (R-Owatonna), and House
!
.
6.r
Minority LeaderTom Pugh (DFL-
South St. Paul), leaders from the
statewide local government associations
met to discuss the relationship between
local government leaders and state
legislators.
LMC President Susan Hoyt, city
administrator of Falcon Heights, and
LMC Executive DirectorJim Miller
represented the League. Representatives
from the Minnesota Association of
Counties, the Minnesota Association of
Townships, and the Minnesota School
Boards Association also attended.
During the conversation, House
Speaker Steve Sviggum suggested the
House and Senate host an open house
for local officials prior to the 2000
legislative session.The open house
would allow legislators to meet local
officials from their district as well as
local officials from around the state.
Through interaction and communica-
tion. Rep. Sviggum suggested that state
and local relations could be enhanced.
In a follow-up letter, Sen. Moe
thanked the attendees for raising the
concerns and for working with
the Legislature to improve Minnesota
gOl{ernment at every level. Moe went
on to state that the House and Senate
would continue to pursue a local
government open house.
LMC President Sue Hoyt and
League staff will follow up with House
and Senate leadership to assist in
organizing an open house for local
government officials. Stay tuned. t
September 1, 1999
Cities Week '99: "Hanesting
a Bright Future," Oct. 10-16
LAura Petersen
With fall just around the corner,
Cities Week can't be far behind.
The League is sponsoring another
week celebrating city government
and encouraging citizen involvement
October 10-16. This year's theme
is "Harvesting a Bright Future."
Cities Week is an annual
opportunity for cities to celebrate
our communities and the hard work
and dedication citizen volunteers
and staff put into building the
places we call home. It also is a time
to reach out to citizens and remind
them that they play an essential role
in their local governments, from
helping in planning efforts to hold-
ing office to simply understanding
the government that's closest to
the people.
By Sept. 17, city administrators
and clerks will receive a mailing
including a hard (paper) copy of
the theme and logo that can be
copied and used in your city's cel-
ebrations.The packet also will
include suggestions for celebrating
Cities Week and draft press releases
to customize for your city. However,
the League will not provide the
balloons or posters as we have in
previous years.
Watch your mail and plan to
celebrate Cities Week '99! t
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MINNESOTA STATUTES, CHAPTER 414
.
Policy Statement
"The Legislature finds that: (1) sound urban development and
preservation of agricultural land and open spaces through land use
planning is essential to the continued economic growth of this state; (2l
municipal government most efficiently provides governmental services
in areas intensively developed for residential, commercial, industrial
and governmental purposes; and township government most
efficiently provides governmental services in areas used or developed
for agricultural, open space, and rural residential purposes; (3) the
public interest requires that municipalities be formed when there exists or
will likely exist the necessary resources to provide for their economical and
efficient operation; (4) annexation to existing municipalities of .
unincorporated areas unable to supply municipal services should be
facilitated; and (5) the consolidation of municipalities should be
encouraged. The Minnesota municipal board is empowered to promote
and regulate development of municipalities to provide for the extension of
municipal government to areas which are developed or are in the process
of being developed for intensive use for residential, commercial, industrial,
institutional, and governmental purposes or are needed for such purposes;
and to protect the stability of unincorporated areas which are used or
developed for agricultural, open space and rural residential purposes and
are not presently needed for more intensive uses; and to protect the
integrity of land use planning in municipalities and unincorporated areas
so that the public interest in efficient local government will be properly
recognized and served." [Emphasis added.]
Minnesota Statutes, Section 414.01.
.
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