8.1. SR 05-12-2003Item ~ 8.1.
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Pat Klaers, Ci~d~ninistrator
May 12, 2003
SUBJECT: Updates on State Legislative Session, City Budget, and Public
Safety/City Hall Project
Most of the update on the State Legislature, city budget, and the Public Safety/City Hall project will
be given verbally at the May 12, 2003, Council meeting.
State Legislature
Attached for your information is some recent material from the League of Minnesota Cities
regarding activities at the State Legislature. To a certain degree in the last few weeks, the state budget
has taken a back seat to other issues such as the conceal and carry law, the right-to-know law,
healthcare, and bonding for roads. The pace at the Legislature is getting "fast and furious" and there
are many long nights ahead as the session is scheduled to adjourn on Monday, May 19, 2003. There
are still lots of indications that a special session will be needed to resolve the budget shortfall. I have
recently talked with Senator Wergin regarding proposed legislation and our city budget issues.
City Budget
The number of adjustments in the adopted 2003 budget that have been suggested by department
heads have been remarkable. Use of reserves will still be necessary but the £mal amount will not be
determined until some time toward the end of the year when we know more about the amount of
growth related revenues that are received. Almost half (about 45%) of the projected 2003 cuts in
state aid will be addressed with adjustments in personal services. We are currently working on the
guidelines for a voluntary leave program. Recommended budget amendments will be presented to
the City Council after the Legislature has determined the amount of cuts in state aids. Some
amendments will be "easy" for the City Council to approve; however, there will be some budget
proposals that will generate Council discussion on priorities for desired services and programs. This
will be especially true when we consider the 2004 budget. My main budget concerns remain the size
of the cuts in state aids for 2004 and what type of levy limits will be in place for 2004.
Public Safety/City Hall Project
The monthly K-taus Anderson/Tushie Montgomery meeting ~vith city staff was held on
May 6, 2003. An update on current issues discussed at this meeting will be presented to the City
Council on May 12, 2003.
A number of weeks ago the city requested information on the cost to complete the upstairs of the
Public Safety Facility so that it could be usable for city or community activities/functions. The
minimum improvements, including a functional bathroom, is approximately $93,000. To make the
upstairs usable without a bathroom is about $49,000. The quotes for the upstairs work are good for
30 days. The cost to do the work at a later date should not be significantly more. Police Department
representatives will be at this City Council meeting to discuss and review options. There are some
security issues with opening up this facility to the public.
At this time, the building contingency balance for the Public Safety project stands at about $150,000
and we do not expect this number to go down too much lower. Accordingly, some funds will be
available for some additional work if desired by the city. The other big expenditure that remains on
the horizon is the gun range. The bids received last summer are no longer valid for this work. The
bid for the gun range last summer was $220,000.
The City Hall "purge" days on April 24 and 25 went very well. A significant amount of paper was
recycled and, in general, "old stuff was thrown away". City office staff continues to work on the
moving of files from the upstairs at City Hall to the basement at the Utilities building. This will be
the permanent storage location for the city archives. Storage shelving has been ordered; the shelving
is scheduled to be installed the week of May 12; and the moving of fries is scheduled for May 20
(with help from the STS program). One of the main outside activities being worked on is the
parking lot. The exact schedule is not known at this time but it looks like it will take 2-3 weeks for
the parking lot to be completed. The existing City Hall parking lot is scheduled to be raised up a few
feet and fill material will begin showing up shortly for this part of the project. (The lighting should
follow the bituminous work.) Also, work is currently taking place on the curbing of the parking lot
for the Public Safety Facility. There will be a significant amount of activities going on in the next few
weeks in preparation for the June 26 (approximately) move of the Police Department to the new
facility.
S:\COUNCIL~Pat\Updates\leg-cityhall-psupdates.doc
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A weekly legislative update from the League of Minnesota Cities
We apologize--events at the Capitol
went late into the evening on Friday.
Therefore, we are sending a Monday
edition of the Friday Fax.
Legislative activity cranks-up
Legislators ~ve just over two weeks in the regular
legislative session to finalize the House and Senate
tax proposals, close a $1 billion gap between House
and Senate budget-balancing proposals, iron-out
differences in several omnibus spending bills and
debate hundreds of other issues. The focus this
week will be action on the omnibus tax bills and the
likely appointment of conference committee
members.
After a marathon Thursday floor session that
adjourned early Friday morning, the House passed
the last of eight omnibus spending bills. The Senate
finished up their floor session work for the week
wrapping up the transportation and health/human
services bills late Friday night. The highlights in
each spending area are provided below.
Criminal Justice Finance
The House spends over $1.4 billion on public
safety, judiciary, and corrections programs; about
$51 million more than Gov. Pawlenty
recommended. The bill cuts the State Fire
Marshal's budget by $1.5 million, but allows the
division to recover these cuts in fee increases for
hotel, resort, and school inspections. It also reduces
state funding for CriMNet by $3.5 million.
However, state officials plan to use additional
federal funds to continue implementation of this
statewide criminal justice information system. The
proposal raises about $60 million in fees--mostly
coming from court fee increases, public defense co-
pays, and a $5 surcharge on criminal and traffic
offenses.
The Senate passed a $650 million criminal justice
package (total does not include corrections
spending) as part of the state government budget
May 5, 2003
Page 1
bill. The Senate bill restores funding for anti-
terrorism equipment and training grants to local
units of government. It reinstates $4 million for
CriMNet projects and protects funding for law
enforcement grants. The Senate proposal spends
almost $16 million more on 911 programs and
dedicates at least 20 cents a month ofgll fees for
distribution to public safety answering points. The
bill also authorizes additional revenue bonds to
fund the build-out of the public safety radio
communications system (800 MHz).
Omnibus Transportation Finance
Earlier this week, the full House passed a $1.2
billion transportation funding bill. The bill closely
resembles the governor's recommendation to pay
for road projects by borrowing money and
leveraging federal funds, not by raising the gas tax.
The bill provides no new money for local roads.
The Senate transportation package provides $2.1
billion. It increases the gasoline tax from 20 cents
to 25 cents per gallon in order to "pay as you go" in
funding new projects. In addition, a license tab fee
schedule change will generate about $90 million in
the first year and $105 million in the second year of
the biennium. The Senate bill provides $1.3 billion
for trunk highways, $395 million for local and
county highways, and $445 million for transit. The
measure also allows the commissioner to spend up
to $250 million on trunk highway improvements
approved by the federal government and designated
as advance construction funds.
A League-sponsored provision that would allow
cities to impose transportation utility fees to pay for
street reconstruction and maintenance was removed
in the Senate Tax Committee.
Omnibus Jobs & Economic Development
Finance
The House proposal spends $389 million ($334
million general fund) on jobs and economic
development programs. The bill takes many of the
governor's recommended cuts and includes the
governor's recommendation to provide $2 million
For more information on ¢ily legi$lalive issues, conlacl any member of Ihe League of Minne$ola Cilie$ Inlere:overnmenlal Relalion$ learn.
651.281.1200 or 800.925.1122
Xay 05 Z083 14:20:48 ~ia Fax -> 7634417425 Administrator Page 082 0£ 804
for a University of Minnesota/Mayo Clinic
partnership grant. It also pumps additional
resources into Roseau for flood recovery and
extends the Petrofund program through 2007.
FridayF
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A weekly legislative update from the League of Minnesota Cities
May 5, 2003
Page 2
to the Office of the State Auditor (OSA), and a
proposal transferring best practice reviews from the
legislative auditor to the state auditor.
The Senate appropriates over $426 million for
economic development purposes, $356 million from
the general fund. The Senate bill cuts more from
contaminated site clean-up grants and the
Minnesota Investment fund, and converts the
investment fund to a revolving loan program.
However, the bill includes additional funds for
grants to various workforce development
organizations and creates a new job training grant
program. The Senate proposal does not merge the
departments of Trade & Economic Development
(DTED) and Economic Security.
The House and Senate both provide more funding
for housing programs than the governor
recommended.
Both proposals also increase the amount that can be
spent from the petroleum tank release fund to
administer the contamination clean-up program;
change the operation of the rural challenge grant
program; and add job enhancement as a goal for
various DTED programs.
The House bill also includes a couple of
miscellaneous provisions that would cap fees cities
could impose on vendors selling consumer
fireworks, and pre-empt cities' ability to set fines
and penalties for businesses that sell tobacco to
minors.
Omnlbas State Government Finance
The House passed a $474 million omnibus state
government finance bill after over ten hours of
debate on Thursday, while the Senate spends $557
million on these programs.
The House bill contains many policy provisions,
including language transferring compensation limit
waiver requests and local government pay equity
compliance from the Dept. of Employee Relations
The proposal would allow the state auditor to
charge fees to cover the costs associated with
evaluating compensation limit waiver requests from
local units of government and administering pay
equity compliance. It includes a hiatus from pay
equity reporting requirements in 2003 and 2004,
and changes the length of the pay equity reporting
cycle from every three years to every five years
beginning in 2005.
Under the House bill, responsibility for conducting
best practices reviews is transferred to the OSA
beginning in 2004. The bill requires the state
auditor to consult with various organizations
representing local governments, but it does not
appear to continue the Best Practices Advisory
Council. These provisions are also traveling in a
separate bill--HF 1082 (Samuelson)/SF 919
(Robling)--proposed by the OSA.
The Senate did not transfer responsibility for pay
equity compliance and compensation limit waivers
in its version of the omnibus state government
budget bill. However, the Senate State Government
Budget Division did pass SF 919 (Robling, R-
Jordan), which includes the provisions transferring
the best practice review program to the state
auditor.
Environment, Natural Resources and
Agriculture
The House bill provides $411 million for natural
resources and agriculture programs, while the
Senate version appropriates $451 million for these
purposes.
The House plan increases state park fees and cuts a
third of the funding for state ethanol subsidies,
paying producers 13 cents a gallon until 2008 when
the payments would increase back to the 20-cent
level. The Senate proposal raises additional
revenue by increasing some recreation fees and cuts
mote informalion on oily legislalive issues, conlacl any membel of Ihe League of Minnesola Cilies Inlergovernmenlal Relalions learn.
651.281.1200 or 800.925.1122
Mas 05 2803 14:21:22 Yin Fax -> 7634417425 Administrator Pa§e 003 0£ 804
-FridayFax-
ethanol producers to a lesser degree than the House
and the Governor, paying producers 16 cents a
gallon. Both bills increase water appropriation fees
to fund DNR Waters division programs.
The bills also contain several policy provisions,
including a provision directing the Pollution
Control Agency (PCA) to modify its water quality
assessment rules. This language is the result of
negotiations between the League of Minnesota
Cities, the Coalition of Greater Minnesota Cities,
the Farm Bureau, and the PCA.
Conceal and carry law to take effect
May 28
A weekly legislative update from the League of Minnesota Cities
May 5, 2003
Page 3
decide for themselves whether they need to carry a
concealed weapon. Three groups supported the
legislation - the National Rifle Association,
Concealed Carry Reform Now and the Republican
Party of Minnesota.
Governor Pawlenty this week signed into law a bill
that reduces local authority over issuance of
concealed handgun permits and is expected to
significantly increase the number of permit-holders.
The law gives private entities the right to prohibit
guns on private property, but preserves the
longstanding law that prohibits local units of
government from restricting permit holders from
bringing concealed weapons to local public places.
Guns are allowed in city halls, recreation centers,
state and county fairgrounds, convention centers
and public sports arenas.
The Minnesota Personal Protection Act, passed in
the Senate on a 37-30 vote and signed into law by
Gov. Tim Pawlenty on April 28, removes all
authority from police chiefs to issue conceal and
carry permits and mandates that sheriffs issue
permits to all applicants except those convicted of
serious crimes.
More than 300 organizations including city
councils, statewide police associations, churches
and health and education groups opposed the
legislation, arguing that the new law would put an
estimated 90,000 additional concealed weapons
onto the streets. Currently, fewer thanl2,000
individuals have permits to carry concealed
weapons.
Proponents of the bill argued sheriffs had too much
discretionary authority and that applicants should
An amendment offered in the House on behalf of
the League of Minnesota Cities would have allowed
public facilities such as city halls, parks, and
recreation centers to prohibit concealed weapons on
the premises. The amendment failed on a vote of 48
to 84.
League staff is in the process of drafting
information about what the new law will mean for
cities. The document will be available next week
and will contain information relating to legal
implications and human resource issues as well as
details about what rights property-owners--such as
cities, schools and private businesses-have to
prohibit guns on property. Watch the League's web
site and the Cities Bulletin for updates on the
availability of the information.
House Tax Committee completes tax
bill
Late Friday, the House Tax Committee completed
work on its version of the omnibus tax bill. The bill
contains numerous provisions that will impact city
budgets in 2003 and beyond. The Senate will likely
compile their version of an omnibus tax bill
sometime this week, setting up a conference
committee with less than two weeks remaining in
the regular legislative session.
The House bill contains deep cuts in LGA and
market value homestead credit for 2003 and 2004--
although the cuts are nearly $75 million lower than
the cuts contained in the governor's original budget
proposal. The House tax bill has nearly $100
million in additional revenue when compared to the
governor's plan due to new revenues generated by a
casino operated at the Canterbury Downs racetrack.
With this higher tax committee revenue target, the
House has reduced the cuts to city LGA and market
For more informalion on oily legiqalive issues, conlacl any member of the League 0f Minne$ola Cilie$ Inlergovemn'~nlal Relations learn.
651.281.1200 or 800.925.1122
Xay 05 Z083 14:2Z:BG g~a F~x -> 7G34417425 A&m~n~strator P~ge 884 0£ 084
-FridayFax-
A weekly legislative update from the League of Minnesota Cities
value homestead credit. Estimates of the cuts will
be posted later today on the LMC web site
(www,h'nnc.or~).
Perhaps one of the least understood components of
the House tax bill is the revised levy limits for cities
and counties. The bill includes severe levy limits
that will be in place for the next two year and these
limits will impact ALL cities.
The new levy limits are severe for two reasons--
they will not allow cities to increase their property
tax for current state aid cuts and the computation
would no longer include an inflation adjustment.
In previous years, each city's levy limit has been
directly tied to LGA. If the city's LGA increased,
the city's levy limit would be decreased by the
same amount. Similarly, reductions in LGA would
result in a dollar-for-dollar increase in a city's levy
authority.
Under the House plan, each city's levy limit for
taxes payable in 2004 would not increase by the
amount of the 2003 reduction in LGA. However,
any increased cut in state aids in 2004 beyond the
cut in 2003 would result in increased levy authority.
May 5, 2003
Page 4
developed so that levy limits would not create an
incentive for cities to automatically levy to their
maximum. Under the House bill, these same cities
would lose all but 30 percent of their unused levy
limit.
In contrast to the Governor's levy limit proposal,
the House plan would use the current law definition
of "special levies" which are outside of levy
limits--including levies for debt service. The
governor's proposal would not have classified all
debt levies as "special levies" which would have
potentially restricted the ability of a city to increase
property taxes to cover debt service for some new
debt issues.
The House Tax Committee's bill will be introduced
today as HF 1597. The bill will be sent to the Ways
& Means Committee later today and will likely be
on the House floor for final consideration early this
week. There is still time to contact your
representative to express your concerns about the
aid cuts and levy limits contained in the House Tax
bill.
The levy limit calculation also eliminates the
inflationary adjustment based on the implicit price
deflator--which is now estimated to be slightly
more than 3 percent. The only growth in the levy
limit would be based on household growth and one-
half of the growth in commercial-industrial market
value. These two adjustments would only provide
very modest levy increases in rapidly growing cities
while fully developed cities would receive little, if
any increased levy authority.
The calculation of levy limits under the House bill
also eliminates most of any unused levy authority
for cities that did not levy to their limit for 2003.
Under current law, cities that are covered by levy
limits but who chose to levy at a level less than the
limit would preserve any unused levy authority for
future years. This feature of levy limits was
For mote information on oily legislalive issues, conlac! any member of Ihe League of Minnesola Cities Inlergovetnmenlal Relalions learn.
651.281.1200 or 800.925.1122