ERMUSR OTHER BUSINESS 03-18-2003 Ilk River
Municipal Utilities
322 King Avenue phone: 763.441.2020
Elk River,MN 55330 Fax:763.441.8099
March 13, 2003
To: Elk River Municipal Utilities Commission
James Tralle
John Dietz
Jerry Takle
From: Bryan C. Adams
Subject: Miscellaneous Issues
Enclosed is the packet for the March 18, 2003, commission meeting at 4:00 p.m.
This will be the first meeting for our newly appointed utility commissioner, Jerry Takle.
Welcome Jerry.
Steve McDonald of ABDO, ABDO & EICK, completed the ERMU annual audit March
6`h & 7`h They will be at our April meeting to present this annual audit. Pat Hemza
again did a marvelous job in preparing all of the necessary information for the auditors.
Waste Management, our partners in the LFG projects, is also feeling the effects of the
economy turn-down. Attached is an intemet article explaining their cut in jobs.
On February 26-28, MMUA had it's 2003 Winter Legislative Meeting. This year we
emphasized to our legislators the following three issues:
Conservation Improvement Programs (CIP) & Renewable Energy
Service Territory
Municipal Telecommunications
Attached, more for the benefit of Jerry, are the following MMUA position papers. These
papers are also given to our state and federal legislators.
The Right of Municipal Electric Utilities to Grow With Their Cities
Municipal Telecommunications
Deregulation and the Electric Utility Industry
Nuclear Waste Storage
Joint Ventures
Why Public Power?
Conservation Improvement Programs
Renewable Energy
State budget cuts continue to be the major topic as it should be. Attached is the following
information for your review:
• Pat Klaer's memo dated 2-24-03 to the City Council.
• LMC's response to proposed wage freeze for public employees
in discussing this issue with our state legislators, some
legislators think it is a done deal while others say it will
never happen. Our communication to the legislative leader-
ship is that we are willing to step up to the line if it will help
the problem, but we feel it is a local issue, not a state issue.
The week of 3-10-03, we purchased and cut over approximately 210 customers from
Connexus Energy. Connexus Energy also offers many special electric rates that we do
not offer. We are currently reviewing these special rates, and will present our findings
and recommendations to this commission at the next meeting.
The Cretex Water Tower was scheduled to be removed on 8-12-03, but has been delayed
a week due to the weather. I inspected the Jackson Street Tower and it appears to be in
fairly good shape. The roof ladder is in need of repair. The interior of the tank and the
roof will be inspected more thoroughly when the roof ladder repair is done.
Subject: FYI
Date: Thu, 20 Feb 2003 08:28:06 -0600
From: "Peter J. Weis" <pjweis @tvjohn.com>
To: "Doug Tholo" <dtholo @hrgreen.com>, "Bryan Adams" <bryada@gwest.net>
7r-
Gaily Reporter Main
THE D1 ,s ` r�,S,
i I A1 �■ J
Construction News
Editorials CONSTRUCTION NEWS
AvantGo Channel
Special Sections Printer Fri
HardHat Mail
Interne``inks Waste Management to cut 700 jobs
Business Calendar
Classifieds Feb.20,2003
Public Notices
Sales Leads Houston (AP)-Waste Management Inc.,the nation's largest trash-hauling company, s
Vendor Index Tuesday it is cutting 700 full-time jobs and 270 contract positions as it scales down Noi
Site Search American operations.
Advertising
Subscriptions The Houston-based company disclosed the job cuts as it reported its fourth-quarter pri
climbed 49 percent to $236 million, or 39 cents a share,from $158 million, or 25 cent
Contact us final quarter of 2001. Revenue was flat at$2.8 billion.
The results beat Wall Street forecasts for earnings of 34 cents a share.
For all of 2002, Waste Management earned
$822 million, or$1.33 a share, up from $503 7 e TOI
million, or 80 cents a share, in 2001. Revenues Mentioned in this Article
dipped to$11.1 billion from $11.3 billion in
2001. Waste Management Inc.
The company,which sold international Contact Resources
operations after running into financial
problems in the late 1990s,said Tuesday the E-mail this Article to a Frien
job reductions will come from reducing its Send an e-mail to the Editor
market areas to 66 from 91 across the United
States and Canada. THIS IS NOT THE END
4E STORY!
About 60 of the full-time job losses and all of POST YOIIt
the contract losses will come at the company's °
PS
Houston headquarters. The other 640 jobs will
be cut in the field,the company said in a news
release. The company employed 57,000
people at the end of 2001, according to its Web site.
Waste Management estimates it will take a $23 million charge related to the work-fort
reduction. It expects to save$42 million this year as a result of the cuts and $50 million
1 of 2 2/21/03 2:06 PM
FYI
annual basis.
The company also said its 2003 earnings would fall at the low end of Wall Street's tart
range of$1.40 to$1.50 per share.
Waste Management said the sluggish economy was creating little or no improvement i
commercial and industrial waste volumes.Any revenue growth will come from acquisit
the company said.
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MASI IA
MINNESOTA MUNICIPAL UTILITIES ASSOCIATION
12805 Highway 55 • Suite 212 • Plymouth, MN 55441-3859 • 763.551.1230 • 800.422.01 19(MN) • Fax 763.551.0459
The Right of Municipal Electric Utilities to Grow
With Their Cities
Since the inception of the electric utility industry, Minnesota's municipal electric utilities
have had the right to serve all customers within the borders of their cities. This right
includes the ability of municipals to extend electric service to customers in annexed
areas.
Municipal utilities' right to grow with their cities:
• Strengthens a city enterprise providing an essential service to all city residents.
• Provides a municipal utility's only real source of growth.
• Ensures that city residents will be served by a utility they already own.
• Ensures consistent, uniform service and price throughout the city.
This policy allows customers the maximum control of their utility and usually results in
enhanced service to the customer. Finally, Minnesota Law recognizes the fundamental
truth that cities grow because families and businesses want city services and other
benefits of being located within the city. Cities are the engines of economic growth, and
they work hard to attract development. It is only fair that cities should provide services
in annexed areas as growth occurs.
Municipal utilities' long-standing right to grow with their cities was affirmed in the 1974
Minnesota law establishing service territories for all the state's electric utilities. The 1974
law was the result of a landmark compromise between investor owned (IOU's),
cooperative, and municipal utilities. The law gave co-ops a market guarantee for their
planned $1 billion Coal Creek project and it preserved the right of municipal utilities to
grow with their cities. The cooperatives enthusiastically supported the passage of this
legislation. Since its passage, however, they have worked to secure ever larger
compensation awards in cases brought before the Minnesota Public Utilities Commission
(MPUC) and the courts.
The 1974 law has worked very well for the electric cooperatives. It preserved the co-ops'
customer base in the 1980's when they were troubled with rising costs and high rates.
MPUC decisions concerning compensation paid for service territory purchased by a
municipal utility have resulted in increasing awards to co-ops. Today, cooperatives not
only receive full reimbursement for facilities, payment for any reintegration costs, and
payment for lost revenue from existing customers; they are even provided compensation
for future customers not in existence at the time that the municipal utility begins serving
the area. Compensation paid to cooperatives now amounts to more than $16 million.
After many years of court cases, MPUC decisions, and individual agreements, and more
than $2 million in legal fees, the service territory law is now well understood. Many
municipal utilities and cooperatives have even signed territorial agreements and are
working together. Now that the work has been done and a body of precedent has been
established, this is no time to open up this Pandora's box.
Cooperatives have been afforded many new growth opportunities because of the service
territory law and the compromise that made it possible. They have retained huge service
territories within which they have cultivated substantial growth, particularly in the Twin
Cities metro area and around many non-public power cities in greater Minnesota. This
has resulted in kilowatt-hour sales and new customer acquisition growth rates for
cooperatives that are higher than those of other types of utilities in the state. This
situation has also benefited cooperatives by giving them new urban area that is five times
the size of the area absorbed by municipal electric utilities after annexation.
In the past few years, cooperatives have been urging that municipal utilities be denied
their right to grow with their city boundaries. As it became apparent that municipal
utilities would not forfeit their rights,the co-ops have pursued increasingly extreme
positions in negotiations. At various times, the cooperatives have proposed increasing
compensation amounts or lengthening payment periods for lost revenue. These new
proposals have been excessive, without supporting evidence, and far beyond what the co-
ops have already gained through the generous precedents established through the MPUC
or the courts. It has become obvious that the co-ops are attempting to use these new
proposals as ploys to obstruct municipal growth as much as possible.
Municipal utilities are also concerned about efforts to use state law governing such issues
as annexation and land use planning as a vehicle for dealing with the service territory
issue before the legislature. Any effort to link proposed changes in annexation law to
changes in statutory language protecting municipal utilities' right to grow with their cities
should be defeated.
The landmark service territory law of 1974 has allowed Minnesota's electric cooperatives
to protect their power plant investments, to greatly expand their business, and to secure
generous compensation for municipal acquisitions. This law was passed as a result of a
compromise with the municipal utilities, whose only requirement was that they be
allowed to grow with their cities. The co-ops now want to end this arrangement without
proving a need to change. It's time they abided by the compromise they wanted in the
first place. It's time they kept their word.
Municipal utilities are willing to work to simplify the current process and make the law
easier to administer for all parties. We are not willing to forego the basic right that we
have had since the inception of the industry—the right to grow with our cities.
Minnesota Municipal Utilities Association
February 2003
NINS11111
111171,111
MINNESOTA MUNICIPAL UTILITIES ASSOCIATION
12905 Highway 55 • Suite 212 • Plymouth, MN 55441-3859 • 763.551.1230 • 800 422 0119(MN( • Fax 763.551.0459
Municipal Telecommunications
Few would argue that a modem telecommunications infrastructure is key to economic
growth in the 21St century. Yet, many areas of our state are without this infrastructure,
which is necessary to keep a community economically viable.
The state's municipal electric utilities and small and rural telecom providers share much
the same perspective on broadband deployment in Minnesota, a fact that emerged during
testimony before the House Regulated Industries Committee on Jan. 29, 2003.
One member of the Minnesota Association of Rural Telecos testified that his company
began offering DSL three years ago because a local Polaris dealer needed it to remain in
business. The company didn't do a business plan. It made the investment because
broadband access was vital for the community.
But small, local telecos are not present in all parts of the state. And they have only have
so much money to invest in broadband deployment. Another small telephone company
manager told the Regulated Industries Committee in an Oct. 30, 2001 hearing that
broadband deployment in Greater Minnesota was cost prohibitive without subsidization.
Minnesota's dominant local exchange carrier—Qwest—reported a preliminary net loss of
$35.9 billion in 2002 and a net loss of$4.8 billion in 2001. The company testified before
the Minnesota Public Utilities Commission Feb. 4 that it did not view DSL deployment in
Greater Minnesota as a good business decision.
Cities without broadband access should not be relegated to the economic backwaters. The
Legislature can allow cities to better control their own economic destiny by:
• Removing barriers to entry for municipal telecommunications efforts.
• Giving municipals specific authority to enter into joint telecommunications
ventures with other entities.
• Giving cities an opportunity to bid on local exchanges, if they are to be sold.
Remove barriers to entry. Like many local phone companies, municipals view
broadband access as a service necessary to ensure economic viability. To foster
broadband access, we must be allowed a reasonable opportunity to provide
telecommunications services ourselves. That means reducing the 65 percent super-
majority referendum requirement to provide phone service contained in current state law
with municipal authority upon a vote of the city council. Removing the super-majority to
provide phone service requirement will give cities leverage with incumbent telephone
(and cable) companies, because the companies will realize that if they don't move to
update service,the updated service might be provided without them. City council people
are elected to make decisions for the city,just as state legislators are elected to make
decisions for the state. The referendum requirement is a barrier to entry, given
prohibitions on municipal advocacy on ballot issues.
Joint ventures make sense.Municipal utilities have authority to enter into joint ventures
with other entities for the provision of electric service. It is a logical extension to include
telecommunications under the municipal joint venture authority. Municipal utilities are
perfect partners for local telephone companies in the provision of broadband access in
underserved areas. Cooperation between municipal utilities and telephone companies
could result in a sharp reduction in the costs of making and delivering broadband
services. It's a synergistic situation, where cooperation between the two could attract
more customers for both.
Joint ventures may make sense in many instances,but the fact remains that a city must
have a willing partner to joint venture. Gladly, some independent phone companies
appreciate this fact. According to at least one telecom company executive, municipal
utilities are attractive business partners because:
• Municipal utilities are vitally interested in their communities.
• They have infrastructure that is thoroughly and accurately mapped (which
translates into cost savings).
• They understand construction.
• They have been delivering sales and service functions for years.
• Municipal funding can lower the cost of construction—Municipals can get it
done.
The local service option. In early 1999, US West wrote to city officials in its service
areas advising them the company had decided to sell selected telephone properties in
Minnesota"to assure that all of Minnesota customers have a high quality of
telecommunication service." That sale fell through and many Minnesota customers are
still waiting for high quality service. If the company, now known as Qwest, decides to
reduce its staggering debt burden in part by selling exchanges, it should be required to
offer them individually to local interests, including cities and municipal utilities.
Conclusion. Cities should be able to offer all telecom services without barriers. The
contention that public bodies shouldn't provide a service offered by private enterprise is
disingenuous, as in many areas of the state the private sector is unable or unwilling to
provide these services. In these localities, municipalities may be the only viable means of
introducing such services. Like the small, rural telecos, municipals agree broadband
access is crucial to a city's economic future.
Minnesota Municipal Utilities Association
February 2003
to
MINNESOTA MuMOPAL unuTIES A55004TION
12805 Highway 55 • Suite 212 • Plymouth, MN 55441-3859 • 763 551 1230 • 800 422 0119 IMN) • Fax 763.551.0459
Deregulation and the Electric Utility Industry
The federal Energy Policy Act of 1992 was intended to foster the development of a competitive
wholesale market. In the wake of its passage, however, a number of interest groups, particularly
those representing very large electric users, called for deregulating the industry at the retail level.
Deregulation was seen as a gateway to lower rates in high cost states,particularly on the East and
West coasts. In the latter part of the 1990s a number of states began implementing deregulation
initiatives.
Public power systems in Minnesota and throughout the United States urged policy makers to
exercise caution and move very carefully in considering the potential transition to deregulation at
the retail level. We noted that there are a number of factors that make the electric utility system
unique, and the transition to a market-based retail system extremely complex.
Electricity is a real-time product, with no viable means of storage. The exact amount being
consumed in an instant must be produced in that instant. Failure to maintain this delicate balance
can lead to blackouts and brownouts. Because there is no substitute for electricity, prices in times
of shortage quickly skyrocket to ten, one hundred, or even 1,000 times the normal level. Capacity
constraints and flow problems often prevent the movement of electric energy from areas where it
is plentiful to areas where it is needed. The extreme complexity of the system provides ample
opportunity for market manipulation,price gouging, and fraud.
Fortunately, Minnesota has acted prudently and taken a cautious approach toward deregulation.
Experience has shown this to be a wise course. Recent events have demonstrated that the
drawbacks of retail deregulation can far outweigh the benefits.
California's ill-fated experiment with deregulation cost consumers and businesses billions of
dollars and led to blackouts and brownouts. Enron and other power marketers manipulated
markets to deceive regulators, drive up prices, and extract huge profits. Energy trading and
marketing companies lost 90 percent of their value in the last year. In 2002 Standard &Poor's
downgraded the debt of 182 private power companies while upgrading only 15. California has
suspended retail access; Arkansas, Montana,Nevada,New Mexico, and Oklahoma have delayed
their transition to deregulation.
It is abundantly clear that electric deregulation is an idea whose time has not yet come.
Minnesota has wisely recognized the need to develop a robust transmission system and a healthy
and fully functional wholesale electricity market before considering the leap to retail
deregulation. Implementing deregulation in a period of shortage would likely cause prices to go
up rather than down.
For the foreseeable future Minnesota should continue to concentrate on strengthening the
wholesale power market. Any attempts to implement deregulation on a piecemeal basis, such as
pilot programs, initiatives limited to large customers, or proposals that would introduce
deregulation in the guise of advancing renewables, should be recognized for what they are—
attempts to start Minnesota down a slippery slope that can lead to shortages, price hikes and
reliability problems that our consumers and businesses can ill afford.
Minnesota Municipal Utilities Association
February 2003
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MINNESOTA MUNICIPAL a nuiiES ASSOCIATION
12805 Highway 55 • Suite 212 • Plymouth, MN 55441-3859 • 763.551.1230 • 800 422 0119(MN) • Fax 763.551.0459
Nuclear Waste Storage
A 1994 Minnesota law allowed Northern States Power Company (now Xcel Energy) to
store a limited amount of spent nuclear fuel in storage casks at its Prairie Island nuclear
electric generating plant. If additional cask storage is not authorized, it may be necessary
to shut down the Prairie Island plant in 2007 and the Monticello nuclear plant in 2010.
H.F.332/S.F. 292 would allow additional dry cask storage at both Prairie Island and
Monticello sufficient to allow both plants to continue to operate until the end of their
federal licenses.
The 1,100-megawatt Prairie Island plant and the 600 megawatt Monticello plant represent
a substantial portion of Minnesota's total generating capacity, and are important
components of the state's reliable and relatively low-cost electricity system. The future
of these plants must be addressed while there is still time to develop alternate resources if
necessary.
While we recognize that disposal of nuclear waste remains a difficult and unresolved
issue, we also recognize that continued operation of the Prairie Island and Monticello
plants offers significant advantages over other likely resource options in terms of cost,
reliability, and air emissions. Replacing these plants with new natural gas or coal-fired
generation could have a significant impact on wholesale power costs in the region. In a
time of state budget deficits, a struggling economy, and stagnant or declining consumer
purchasing power, we believe that Minnesota should be particularly concerned about
maintaining a reliable and low-cost supply of electric energy. Given the fact that dry
cask storage is already in place and seems to be working, we believe that the benefits of
shutting down the nuclear plants before the end of their useful lives should be weighed
very carefully against the costs.
The two nuclear plants are owned by a single entity, Xcel Energy, which bears full
responsibility for their operations. The 1994 law included significant mandates for the
development of renewable energy resources as a condition of allowing dry cask storage.
If any additional mandates are imposed as a condition of allowing additional dry cask
storage, those mandates should apply only to the owner of the plants.
In summary, we believe that the legislature should address the future of the Prairie Island
and Monticello plants in a timely manner, so that alternative resources can be developed
and brought on line if the nuclear plants are to be phased out. The waste storage issue
should be carefully balanced against the benefits the plants provide in terms of cost,
reliability, and air emissions. In the event that any mandates are imposed as a condition
of allowing additional dry cask storage at Prairie Island and Monticello, those mandates
should apply only to the entity that owns and operates the plants.
Minnesota Municipal Utilities Association
February 2003
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MINNESOTA MUNICIPAL UTILITIES ASSOCIATION
12805 Highway 55 • Suite 212 • Plymouth, MN 55441-3859 • 763.551.1230 • 800.422.01 19(MN) • Fax 763.551.0459
Joint Ventures
A significant number of Minnesota cities have operated retail natural gas utilities for
many years. In recent years, a number of cities have installed new natural gas systems in
their communities and have begun to provide this vital energy to their customers. It
appears that there may be opportunities for joint ventures between cities and other public
and private entities in the distribution of natural gas.
There is also a pressing need for cities to become more active in providing
telecommunications services.
The 2001 omnibus energy bill contains language that allows cities to participate in joint
ventures for providing electric service. Late in the legislative process natural gas and
telecommunications were deleted from the legislation.
Allowing municipal utilities to participate in joint ventures for providing gas and
telecommunications services will likely result in greater economies of scale and enhanced
service to customers. Therefore, we support legislation that would expand eligible joint
ventures for municipal utilities to include natural gas and telecommunications.
Minnesota Municipal Utilities Association
February 2003
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MINNESOTA MUNICIPAL UTILITIES ASSOCIATION
12805 Highway 55 • Suite 212 • Plymouth, MN 55441-3859 • 763.551.1230 • 800 422 0119(MN) • Fax 763.551.0459
Why Public Power?
126 Minnesota cities benefit from having a locally owned and locally operated municipal
electric utility. Thirty-one cities have a municipal natural gas system. Fifty of our
eighty-seven county seats are served by a municipal electric or gas system. A not-for-
profit municipal electric or gas utility is a tremendous asset in these uncertain times.
Here are some of the reasons why:
• We have great service. We're part of the community and our policy makers,
managers and workers are part of the community. Our crews are always on hand
in the event of emergency. You don't need to call an 800 number to talk to us.
• We're locally regulated. Members of the community who live in the community
set rates and service practices. If you have a problem, you know who to talk to.
• We're owned by our customers. There is no tension between the interests of
customers and the interests of stockholders. Our focus is Main Street, not Wall
Street. We work for you.
• We're not in it for the money. Municipal utilities are not-for-profit and
therefore operated in the public interest. Our goal is long-term community
benefit, not short-term gain. We work hard to save you money.
• We're the yardstick for the industry. For generations, public power systems
have set standards for rates and service that other utilities have had to meet.
• We'll be there. Many of Minnesota's municipal electric utilities have served their
communities for more than a hundred years. In an era when new competitors
come and go faster that we can learn their names, you can count on us. We will
be there when you need us.
• We're Public Power. We're here for you!
Minnesota Municipal Utilities Association
February 2003
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,11101
MINNESOTA MUNICIPAL UTILITIES ASSOCIATION
12805 Highway S5 • Suite 212 • Plymouth, MN 55441-3859 • 763.551.1230 • 800.422.01 19(MN) • Fax 763.551.0459
Conservation Improvement Programs
Since 1993, Minnesota law has required municipal electric utilities to spend 1% of their
gross revenues on conservation initiatives known as conservation improvement programs
(CIP). In 2001 the Minnesota State Legislature expanded municipal involvement in these
programs by increasing CIP spending on electric operations to 1.5% of gross revenues,
gradually reducing the amount of spending on load management that could be used to
meet municipal CIP spending requirements. The new law also imposed new CIP
reporting requirements on both electric and gas municipal operations.
Through MMUA, municipal electric utilities launched a major effort to ensure that public
power systems had the tools and information necessary to comply with the new
mandates. This effort:
• Educated municipal utilities regarding the new CIP requirements and the need to
be able to demonstrate compliance.
• Provided liaison with the Department of Commerce on municipal CIP matters;
• Raised more than $100,000 to fund the development of new programs an program
materials specifically tailored to help municipal electric utilities meet the new CIP
requirements.
• Developed a CIP primer to help municipal utilities understand the new
requirements and how to comply with them.
• Developed nine residential and commercial programs to be used by municipal
electric utilities in meeting the new CIP mandate. Program materials include
technical data, recommended rebate or assistance levels, forms, marketing
materials and tracking spreadsheets.
It will be several years before the law is fully effective and its impact can be evaluated. It
would be inadvisable to make new CIP changes in the law until we know how well it is
working. MMUA will resist efforts to impose additional CIP spending requirements or
mandate additional CIP responsibilities on municipal electric utilities, particularly before
municipals have had the opportunity to evaluate the impact of the current CIP program.
MMUA will resist any effort to transfer control of municipal CIP programs away from
local communities.
However, it is already apparent that a "one size fits all" approach to CIP reporting is not
practicable. For example, very small municipal electric utilities are finding that the
Milli,
MINNESOTA MUNICIPAL UTILITIES ASSOCIATION
12805 Highway 55 • Suite 212 • Plymouth, MN 55441-3859 • 763 551 1230 • 800 422 0119(MN) • Fax 763.551.0459
Renewable Energy
Minnesota's public policy encourages the inclusion of renewable resources in the
generation mix. The 2001 omnibus energy bill expanded on that policy by calling upon
power suppliers to make a "good faith effort" to secure 10% of their total electric sales
from renewable sources by the year 2015, and by requiring utilities to provide customers
with power from renewable sources when requested.
We believe that Minnesota's renewable energy policy should recognize the following
principles:
• State policy should recognize that all existing domestic hydroelectricity is a
renewable form of energy.
• Minnesota should adopt state policy that creates uniformity in defining renewable
energy sources that encompass renewable initiatives at the federal level. That
definition of renewable resources should include the following:
> Conversion of cellulose biomass to liquid fuels
> Ethanol and ethanol byproduct processes
> Direct combustion or gasification of biomass
> Biofuels energy systems
> Photovoltaics, including utility scale and remote applications
• Solar thermal, including solar water heating
> Wind energy
> High temperature and low temperature geothermal energy
> Fuel Cells, including transportation and stationary applications
> Nondefense high-temperature superconducting electricity technology
> Source reduction technology
> Landfill Gas
• Advance district cooling
> Hydropower
> Refuse derived fuels
> Mixed Municipal Solid Waste
• Minnesota should avoid policies that would require utilities to provide a fixed
percentage of all the electricity they generate or a fixed percentage of their
generating capacity from renewable sources. Instead, utilities should be allowed
to offer customers "green pricing" options.
• Any change in Minnesota law concerning renewable energy should continue to
recognize the need for communities to be able to maintain local control over
Item 4k 5. 7.
Ji
Elk
River
MEMORANDUM
TO: Mayor and City Council
FROM: Pat Klaers, City Adminjstrator
Kfr-
DATE: February 24, 2003
SUBJECT: Budget Update
Attached is a memo to the department heads regarding the impact of the Governor's
proposal. The plan from the Governor reduces the city LGA and Market Value Homestead
Credit by 50% in 2003, and 100% in 2004. The reduction is $644,138 in 2003, and
$1,292,865 in 2004. All of the revenues that we receive from the State go into the General
Fund Budget so most of the reductions likewise have to come out of the General Fund. The
2003 adjustments need to be made from an already approved and adopted budget.
I will provide a verbal update to the City Council on this proposal and its potential impact
on the city at the Council meeting.
City of
Elk .�-�
River
MEMORANDUM
TO: Lori Johnson, Sandy Peine, Michele McPherson, Cathy Mehelich,
Steve Rohlf, Phil Hals, Rich Czech, Dave Potvin, Terry Maurer,
Gary Leirmoe, Bruce West, Tom Zerwas, Michele Bergh, Sue
Kostanshek, Chris Johnson, Mick Stoffers
FROM: Pat Klaers, City Administrator
DATE: February 24, 2003
SUBJECT: Governor Pawlenty's Budget Proposal
The League of Minnesota Cities (LMNC) has provided a summary of the LGA and Market
Value Homestead Credit cuts for 2003 and 2004, as proposed by Governor Pawlenty. This
information can be found on the LMNC website (www.lmncor
The proposal from Governor Pawlenty impacts Elk River significantly. The Govenor has
stated that the cuts represent a maximum of 5% of the total city revenues in 2003 and a
maximum of 9.5% of the total city revenues in 2004. What is not said is that almost
everything is included in the total revenue figure. If you levied taxes to pay bonds, that is
part of the total revenue; if you received state funds for a street project, that is part of the
total revenue. The reality is that the cuts need to come from the General Fund Budget as this
is where the LGA and the Market Value Homestead Credit revenues are located. The
Governor's proposal results in a $644,138 reduction in 2003. This is about an 8.4% cut from
the already approved 2003 General Fund Budget. The proposal for 2004 is a $1,292,865
reduction in aids. This is a 16.8%reduction in 2004 from the adopted 2003 General Fund
Budget. According to the Govenor's plan, in 2004 we are scheduled to receive zero ($0)
LGA and Market Value Homestead Credit.
Hopefully the final result will not be this severe for the City of Elk River. Additionally,we
can hope that levy limits will not be imposed in 2004 but this seems unlikely and I have
every expectation that some form of levy limits will exist for municipalities in 2004. (As you
most likely know, all of this is in addition to a proposed wage freeze for two years for
government employees, which includes municipalities.)
s/Admin/PaJ/LC4&,s
Nobody should panic at this time, as the proposal is just that—a proposal. However, the
House is dominated by Republicans and history has shown that the Governor generally gets
the majority of his requests, especially the first year.
The city will have to use some reserves in order to cushion the LGA and Market Value
Homestead Credit cuts but reserves is not the total solution to this potential action by the
state. Reserves will be especially important for 2003, but we need to also look for permanent
reductions that can help the 2004 situation. The city will have to look at which programs and
services can be reduced or that we can do without and which programs and services can be
provided in a different manner. About 74% of the city General Fund Budget goes for
personnel services (employee wages and benefits) and it is unavoidable that employees will
be looked at to be part of the city budget solution. Employees being part of the solution can
take many different forms and shapes.
I have already received some good information regarding budget reduction from department
heads in response to my 1-8-03 memo. I am very concerned about the impact on services,
especially for 2004. Along with cuts, any additional revenues that you think is possible from
your department should be explored.
All departments are encouraged to seriously evaluate their 2003 budget. Please include your
employees in your budget discussions, and especially ask for their input as it relates to the
employee situation. We will need to meet and set up contingency plans during the months of
March and April and the budget will be a topic of discussion at our February staff meeting.
S/Adm n/Pal/LGACal,
MAR-13-03 THU 09:42 AM MMUA FAX NO. 7635510459 P. 02/02
LMC 145 University Avenue West,St,Paul;MN 55103-2o44
1„g„a ohfi„weis atiat Phone: (6$x)281-saoo U (800)925-u22
Ctna,b.d.a�ea.YaMea Fax: (651)281-1299 0 TDD(651) 281-1290
INFORMATION SHEET
SF 2l4; Wage Freeze
Proposed Leeislatiop: The proposed legislation would institute a freeze on salaries and wage
rates for state and public employees.
,League of Minnesota Cities Position: The League supports local decision making authority
and opposes legislation intended to interfere in local employment-related decisions.
D Local units of government are in the best position to decide how to manage proposed local
government aid cuts for their cities. Local officials have the tools and the authority to
implement a wage freeze for their employees if they decide that is in the best interest of their
city and their taxpayers.
D Local officials may decide that other ways of reducing wage and benefit expenses work best
in their cities. For example,some cities are considering voluntary unpaid leave programs,
early retirement incentive programs,voluntary reductions in work hours and other methods
of achieving wage and benefit cost savings.
D. The proposed legislation gives an advantage to unionized employees. It will result in
situations in some cities where they have substantial portions of their work force receiving
wage increases in 2003 and 2004 and only a small portion of the work force feeling the
effects of a wage freeze. This is likely to be perceived by employees as very unfair.
9 The bill does not address the problem ofpotential lawsuits from employees who believe they.
had an expectation and promise of a wage increase based on the city's compensation plan at
time of hire or from union employees who believe it is a violation of their right to bargain
collectively. There are costs to defend such suits whether they are successful or not
D The bill penalizes employees in their"high 5”years of public employment. Public
employment pension benefits for city employees are based on the highest five years of
earnings as a city employee. Those who are unfortunate enough to be in their final five years
of employment during the wage freeze will have their pension benefits permanently affected
as a result of this bill.
D. Wage freezes do not save money in the long run. Wages inevitably need to be"caught up"to
the market so that cities can attract and retain qualified employees.
9 The wage freeze penalizes cities that have taken prudent fiscal measures to prepare for local
aid cuts and have budgeted appropriate funds to pay for employee wage increases.
9 The wage freeze creates severe recruitment and retention problems for certain classes of
employees that are in high demand such as registered nurses for city hospitals.