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13. Lobbying/League ResolutionsBACKGROUND/CONSIDERATION: I have enclosed a summary of the League Resolution. These are for your review in terms of the City of Kalispell and our position. As you know the State legislature will begin on January 6, 1997. It is my understanding that we have been a very active part of this process in the past. I firmly believe that a city or all cities must be an active participant in defending our interest, persuading against laws that will infringe on our cities rights or powers, and, especially, pursuing local home rule for our citizens (rather than by proxy, by legislature in Washington D.C. or Helena, Mt.). I do not anticipate that I or any other staff member will be spending a great deal of time in Helena. We will, however, respond to requests for information and/or assistance from the League or from Legislators. If an issue directly affects the City of Kalispell, especially in an adverse way, we would anticipate that we will respond, by phone, by letter, by FAX, and by personal appearance, if necessary, in Helena. We will be vigilant and will stay current on all legislation by the League. I have already discussed this with the League Director. He understands our position and will keep us very well informed. I would, however, desire your comments on the League resolutions. All the resolutions have run the "gauntlet" of process through the League and to the League membership who voted to support these resolutions. I would request that you as a Council vote to support or not support any of the resolutions of the League. I desire this action to be my (and staff) direction in our discussions and dealings with the legislators. The staff involvement levels will be at my direction and with my supervision. Therefore, I request clear direction for the 24 resolutions outlined in this report. I do need to express to you that there will be situations that arrive that will not allow me to bring to you an inquiry to the City's position. On those occasions I will act in the best interest of the City as I can best interpret. This will be done with staff and or League assistance/guidance. If there is sufficient time for whole Council input, I assure you that you will have that input for direction and input to our staff. RECOMMENDATION: I recommend that all of the League resolutions, because they project the City's interest and or expand upon the local authority, be supported by the City Council of Kalispell. ACTION REQUIRED: A motion to support the resolution and to direct staff to make efforts to support these resolutions at the State legislation should be approved to define staff direction. 1996 RESOLUTIONS RESOLUTION #1 Whereas, The Tax Policy Task Force that studied the state and local finance systems during the past year has recommended legislation that will remove the exemption to Initiative 105 that allowed property tax revenues to increase if valuations rose as a result of reappraisal, and; Whereas, higher values resulting from the next reappraisal cycle are the only way under current law for cities and towns to generate additional property tax revenues to compensate for the effects of inflation, mandates and other costs pressures; and; Whereas, the time has finally come for the Legislature to admit that it cannot legitimately expect local governments to operate under a no growth revenue policy during a time when state spending has increased substantially. Now, therefore be it resolved that the Montana League of Cities and Towns will oppose legislation that will require local governments to reduce levies if valuations increase as the result of reappraisal and all other measures that will make the property tax limit more restrictive. RESOLUTION #2 Whereas, cities and towns, particularly those where there has not been a reasonable increase in taxable valuation in the past 10 years, are being driven toward financial breakdown by the combination of frozen revenues and rising costs under the regime of Initiative 105, and; Whereas, municipal budgets have been cut to subsistence levels, there are no alternatives under current law to fund essential services, and a legislative adjustment in the tax limit is the only way to restore the financial stability of cities and towns across the state. Now, therefore be it resolved that the Montana League of Cities and Towns will arrange for the introduction of a bill that will index the property tax limit to the rate of inflation to assure that local governments across the state can continue to provide police and fire protection and other services that are the foundation of safe and decent communities. RESOLUTION #3 Whereas, the League of Cities and Towns has supported local option tax authority for the past 15 years because the members believed that people who use government services should pay a fair share of the costs, and; Whereas, support for option authority was also based on the principle that local voters, not the State Legislature, should have the right to decide the type and amount of taxes that are necessary to support municipal services. Now, therefore be it resolved that the Montana League of Cities and Towns will support the recommendation of the Tax Policy Task Force to give all municipal governments, regardless of size or economic circumstances, the authority to enact a resort tax with the approval of local voters. Be it further resolved that support for this bill is contingent upon assurances that approval of local option authority will not be used as a reason for the Legislature to reduce the existing distribution of state revenues to cities and towns. RESOLUTION #4 Whereas, the Tax Policy Task Force has also recommended legislation that would allow a municipal government or transportation district to refer a local option gas tax to the voters, and; Whereas, election results show that support for gas tax issues in cities and urban areas is not sufficient to carry the question in a countywide election as required by current law. Now, therefore be it resolved that the League of Cities and Towns will support the revisions to the local option gas tax law recommended by the Tax Policy Task Force. Be it further resolved that the League will also support legislation to increase state gas tax transfers to local governments, provided that the allocation between cities and counties is based on relative population statistics. RESOLUTION #5 Whereas, a provision of state law that provided for the distribution of tax revenues from new or increased oil production to municipal governments was repealed during a special session of the Legislature in 1990, and; Whereas, renewed activity in the oil industry is exerting pressures on city and town services in Eastern Montana, and; Whereas, the cost of providing these services should legitimately be covered by tax revenues derived from new or expanded production. Now therefore be it resolved that the League of Cities and Towns will arrange for the introduction of a bill to compensate municipal governments for the impacts caused by oil development. RESOLUTION #6 Whereas, there is increasing public pressure to develop a program to treat gambling addiction, and; Whereas, a proposal has been developed by the Gambling Advisory Council to divert interest earnings on local government tax receipts from the state general fund to a gambling treatment program, and; Whereas, this transfer of approximately $265,000 per year in funds that cities and counties do not currently receive would be credited as the local government contribution to the gambling treatment program Now, therefore be it resolved that the League of Cities and Towns will support the recommendation of the Gambling Advisory Council to divert interest earnings to an appropriate gambling addiction treatment program Be it further resolved that this support is contingent upon an agreement from the state that it will not hold quarterly tax receipts for more than 90 days before they are distributed. RESOLUTION #7 Whereas, there is support among some city councils in a proposal to create a special category of wine and beer licenses for restaurants that would exclude gambling, and; Now, therefore be it resolved that the League of Cities and Towns will support a special non -gaming, wine and beer license category for restaurants RESOLUTION 98 Whereas, cities and towns across the state are relying on system development and impact fees to finance future expansion of streets, utilities and other facilities and; Whereas, there is a possibility that legislation could be introduced to restrict or impose state controls on municipal impact fees. Now, therefore be it resolved that the League of Cities and Towns will oppose any bill that would limit local authority to collect fees or otherwise interfere with local development policy. RESOLUTION #9 Whereas, five measures were introduced in the 1995 Legislature that would have weakened the annexation authority of cities and towns under state laws which are among the most restrictive in the nation, and;' Whereas, reasonable annexation laws are essential to orderly growth and community development. Now, therefore be it resolved the League of Cities and Towns will oppose any legislative measures that will make it more difficult for municipal governments to expand their boundaries. RESOLUTION #10 Whereas, there are clear indications that a bill will be introduced in the 1997 Legislature that will roll the jurisdiction of municipal building code enforcement programs back to the city limits, and; Whereas, there are cities that conduct inspections within the three mile jurisdictional area because adequate state or county inspection services are not authorized in these areas, which are among the most rapidly developing in the state, and; Whereas, supporters of the measures to limit city authority have escalated isolated disputes into a political boundary war that completely ignores the real issues of public safety and consumer protection. Now, therefore be it resolved that the League of Cities and Towns will oppose legislation to limit the jurisdiction of municipal code enforcement programs, and also demand that the state assume responsibility to conduct complete inspections of all currently exempt construction, including residential structures under five units and all commercial buildings. RESOLUTION #11 Whereas, it requires 92 pages of sometimes conflicting, often contradictory and mostly confusing state statutes to lay out the procedure for the adoption of a municipal budget, and; Whereas, a group of clerks and finance officers has developed a six page alternative to the state budget law that will simplify the process and protect the public interest. Now, therefore be it resolved that the League of Cities and Towns will arrange for the introduction of a bill to rewrite the municipal budget law in accordance with the recommendation of the Montana Clerks, Treasurers and Finance Officers Association. RESOLUTION #12 Whereas, bills to repeal the Montana Prevailing Wage Act have been introduced in recent sessions of the Legislature, and; Whereas, municipal construction projects are subject to the provisions of this act, and it is important for the League of Cities and Towns to have a clearly stated position on this controversial issue. - Now, therefore be it resolved that the Montana League of Cities and Towns supports the State Prevailing Wage Act, and is committed to continue working with the Department of Labor to refine the current law. RESOLUTION # 13 Whereas, for many years, the Legislature and state agencies imposed laws and regulations with little understanding or appropriate concern for the financial consequences on local governments across the state, and; Whereas, the 1995 Legislature passed two measures to limit the flow of mandates and state agency cost transfers, and while these bills are a step in the right direction, they are only a beginning. Now, therefore be it resolved, that the Montana League of Cities and Towns will aggressively oppose legislative bills and administrative rules that shift program responsibilities and direct costs to local governments without appropriate compensation. Be it further resolved that the League will continue to promote local control, based on the theory that the elected representatives in the city and town councils and mayors offices across the state are in a better position to decide municipal policy than a Legislature that meets for 90 days every two years. RESOLUTION #14 Whereas, firefighters are the only municipal employees covered by a state law that requires binding arbitration in labor disputes, and: Whereas, this process shifts the final responsibility for collective bargaining agreements from local authority to outside arbitrators, and also has the effect of impeding and extending contract negotiations. Now, therefore be it resolved that the League of Cities and Towns will support legislation to repeal the mandatory arbitration law for municipal firefighters. RESOLUTION 415 Whereas, landfills represent a significant capital investment for cities and towns across the state, and; Whereas, these facilities are not eligible for low interest financing through the State Revolving Loan Fund. Now, therefore be it resolved that the League of Cities and Towns will support legislation recommended by the Department of Environmental Quality that has the potential to reduce solid waste management fees by including landfills on the list of projects eligible for low interest state financing. RESOLUTION #16 Whereas, the Department of Commerce will arrange for the introduction of a bill to eliminate a provision of the Treasure State Endowment Act that requires legislative approval of project grants, and; Whereas, legislative approval is a formality that delays and adds to the final cost of projects. Now, therefore be it resolved that the League of Cities and Towns will support a bill to eliminate legislative approval of Treasure State Endowment grants. RESOLUTION #17 rejected RESOLUTION 418 Whereas, video gambling receipts are the difference between a balanced budget and a financial breakdown for many cities and towns across Montana., and; Whereas, the rates and distribution formula in the video gambling statutes, which have been in effect for almost eight years, are generally accepted by those who pay and collect the taxes as fair and effective. Now therefore be it resolved that the League of Cities and Towns will oppose all measures to change the tax rate or formula for the distribution of video gambling receipts. RESOLUTION #19 Whereas, several members have proposed legislation to address specific local issues that would also be of general interest to other cities and towns across the state, and these bills merit the attention and support of the League. Now therefore be it resolved that the League of Cities and Towns will support measures to: 1. charge a reasonable fee on cellular phones to support 911 service. 2. clarify the authority of cities to impose speed limits on streets within the urban system. 3. repeal the exemption from state S02 standards that applied in Yellowstone County. 4. review housing justice issues. RESOLUTION #20 Whereas, Virginia City, Montana, which was one of the richest placer gold strikes in the history of this country, represents the most significant heritage resource of the Western mining frontier, and; Whereas, many of the important events in the early history of Montana occurred in Virginia City,. which was the territorial capital and the first municipal government to be incorporated in Montana, and; Whereas, the historic buildings and artifacts that remain in Virginia City are a priceless cultural resource that should be preserved for people in Montana and across the country as a living memory of the gold frontier and the founding of this state. Now, therefore be it resolved that the League of Cities and Towns encourages the Governor and the Legislature to implement necessary and practical measures to preserve the heritage resources of Virginia and Nevada Cities. Be it further resolved that the cities and towns of Montana, working through their state municipal association, may voluntarily provide technical, planning and management assistance as part of a statewide commitment to preserve, restore, display and interpret the historic treasures of these frontier communities. RESOLUTION #21 Whereas, federal law allows local governments to impose franchise fees on cable television providers of up to five percent of total system revenues, and; Whereas, these fees represent fair compensation for the use of the public right-of-way, and an important source of revenue for Montana cities and towns, and; Whereas, it is likely that telecommunications companies that are exempt from franchise fees and assessments for the use of the public right-of-way under current state law may soon be providing services similar to cable television, and; Whereas, in the interest of fairness and competitive balance, these companies should be subject to the same local government franchise requirements as existing cable television providers. Now, therefore be it resolved that the League of Cities and Towns will arrange for the introduction of legislation that will allow local governments to impose franchise fees not to exceed five percent of total system revenues on all multi -point telecommunication or cable television systems as compensation for the use of the public right-of-way. RESOLUTION #22 Whereas, municipal governments are required to adopt budgets in accordance with a precise schedule provided for in state law, and; Whereas, much of the work of preparing the final budget is completed before the state Department of Revenue establishes the taxable valuation, the critical factor in determining mill levy requirements and property tax revenues, and: Whereas, the delayed determination of mill values causes confusion and uncertainty in the budget process and interferes with effective financial planning. Now, therefore be it resolved that the League of Cities and Towns will arrange for the introduction of legislation that will require the Department of Revenue to set the value of property tax mills and allow local governments to adopt budgets prior to the end of the fiscal year. Be it further resolved that the League is also prepared to seek an administrative remedy to this problem through rule making or a formal agreement with the Department of Revenue. RESOLUTION #23 (requested by the Department of Revenue) Whereas, the development of computerized land ownership maps and records would improve the efficiency and coordination of Geographic Information Systems for state and local agencies across Montana, and; Whereas, there is a proliferation of Geographic Information Systems across the state, and; Whereas, a coordinated system of computerized ownership mapping and records will cut the cost and improve the efficiency of creating and maintaining a parcel data base. Now, therefore be it resolved that the League of Cities and Towns supports the proposal of the Information Technology Advisory Council to request funding from the 1997 Legislature to establish a statewide, computerized parcel data base. RESOLUTION #24 Whereas, state law, (87-3-305 MCA) prohibits the hunting of deer within the boundaries of a city or town, and; Whereas, in recent years, cities like Missoula have acquired large tracts of undeveloped, opeta space land, and; Whereas, special hunts may be necessary and advisable under accepted game management practices to control deer populations in these areas. Now, therefore be it resolved that the League of Cities and Towns will support legislation that will allow the Department of Fish, Wildlife and Parks to arrange special deer hunts in open space areas within the boundaries of cities and towns with the consent of the municipal governing body. RESOLUTION #25 Whereas, when incorporated cities annex adjacent areas they immediately extend municipal fire protection to the area, and; Whereas, this adjacent area may have been protected by a rural fire district, and; Whereas, the rural fire district may have financial obligations for which the withdrawal of taxable value may impact the remaining property of their district, and; Whereas, cities and towns may find it in the best interest of the taxpayers of the community to cooperatively phase in municipal fire protection to the newly annexed area and/or share resources for a period of time. Now, therefore be it resolved that the Montana League of Cities and Towns will support the introduction of legislation which will allow cities and towns to mitigate the impact of annexations on rural fire districts by allowing phasing in municipal fire protection and/or cooperative use of resources for a period of time as the municipality and rural fire district may agree by interlocal cooperative agreement. Delegates Dine Up Legislative Targets The League legislative package focuses on finance issues, making inflationary adjustments in the property tax freeze and local option authority as principal targets for the 1997 session. Resolution #1--oppose any measures that would make the property tax freeze more restrictive, specifically a proposal to remove the exemption in current law that allows tax collections to increase as a result of higher appraised values. Resolution #2--support legislation to adjust the limits under Initiative 105 to the rate of inflation, while allowing valuations to increase as the result of new construction, annexation and change in tax status as provided by current law. Resolution #3--support legislation that would remove the population limits and economic criteria from the resort tax law, and allow all cities and towns to take advantage of this finance option. Resolution #4—support a bill to allow a city, town, or urban transportation district to place a local option gas tax on the ballot instead of requiring a countywide vote on these questions. Resolution #5--to support legislation to distribute a portion of the local government severance tax to cities and towns that are being impacted by increased oil production. Resolution #6--support a proposal to allocate the interest earned by the state on the investment of local government video poker and keno tax receipts to fund a treatment program for gambling addiction. Resolution #7--support a measure to create a new category of beer and wine licenses for restaurants that would exclude gambling. Resolution #8--oppose any measure that would restrict user fees or otherwise interfere with local development policy. Resolution #9--oppose any measures that will weaken the annexation authority of cities and towns or make it more difficult to expand municipal boundaries. Resolution #10--oppose a bill likely to be introduced that would roll the authority of city building code enforcement back to the municipal boundaries, and also to demand that the state assume responsibility to conduct complete inspections of all residential and commercial structures. Resolution #11--arrange introduction of a bill to rewrite municipal budget law in accordance with the recommendations of the Clerks, Treasurers and Finance Officers Association. 2 Resolution 412--policy supporting the Montana Prevailing Wage Act. Resolution #13--policy statement supporting local control and opposing any attempt by the Legislature or state agencies to shift costs and responsibilities to cities and towns. Resolution #14--support legislation to repeal mandatory arbitration for municipal firefighters. Resolution #15—support legislation to be recommended by the Department of Environmental Quality to include sanitary landfills on the list of projects eligible for the state revolving loan program. Resolution #16--support Iegisiation to be recommended by the Department of Commerce to repeal a provision of law that requires Legislative approval of Treasure State Endowment grants. Resolution 17--(rejected). Resolution 418--oppose any legislation that would change the tax rate or formula for distributing video gaming tax receipts. Resolution #19--support measures that will: 1. assess fees on cellular phones to fund 911 services; 2. clarify authority of cities to set speed limits on streets in the urban system; 3. repeal the exemption from state sulfur dioxide standards that applied only in Yellowstone County and 4. review housing justice issues. Resolution #20--encourage the State to take necessary steps to preserve the historical resources of Virginia and Nevada Cities, and arrange a technical assistance network for these projects through the League. Resolution #21--arrange introduction of legislation that will allow local governments to collect franchise or right-of-way use fees on all multi -point telecommunications systems. Resolution #22—require by legislation or administrative agreement that the Department of Revenue set the taxable valuation of cities and towns prior to the end of each fiscal year. Resolution #23—support the Department of Revenue proposal to establish a computerized land mapping and ownership record system in Montana. Resolution #24--support legislation to allow the Department of Fish, Wildlife and Parks to set special deer hunts in open space areas within the boundaries of cities and towns with the consent of the local governing body. Resolution #25--support legislation that will allow cities and towns to work with rural fire districts to mitigate the financial impacts of annexation.