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2006-08-08A,ITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable Est uali services that res and to the needs of all citizens' fosterin a safe, attractive and flourishing community. 9 ~' p o ~_;. , _, r _. , ~ 7~ b _. .. _ .. AGENDA :~" ~ `~OUNG1~ ;... TLTESDA~~, AUGUST 8; 2006 7 00 P , ~ i[':~I~1G(~3'ORK~HOP l~~iO.UND.CITX.COLNCIL°~HA.NTBER,~ .,_ :, ~ ,: - _ 1. Call meeting to order 2. Discussion on 2007 Proposed Budget 3. Adjourn Page # 1-92 This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting agendas may be viewed at City Hall or at the City of Mound web site: www.cityofmound.com. 1 l PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. ABDO EICK & Y'`?t`t?zj J r'Y+t.t!' .1(XY3lt1)dlllifi 4~' {,~?'N7-~7£~dt•ZttE-S S«(}t E;rle)a ~trrxur 4ui1r^ :37C) Honorable Mayor and Council City of Mound Mound, Minnesota August 3, 2006 I met with Kandis Hanson and Gino Businaro on August 1, 2006 to discuss some planning items for the 2006 audit. During our meeting we discussed appropriate reserve levels for the City's General fund. In our 2005 management letter, we mentioned that the undesignated portion of the 2005 fund balance was 25 percent of planned expenditures based on the 2006 budget. It is my understanding that the 2007 budget may leave the reserve levels for the undesignated portion of fund balance below 20 percent. This is a very low reserve level and some further analysis and planning should be considered. The General fund balance has three components and they are summarized below: Reserved for debt Designated for park and severance Undesignated Total Following years budget Percent Percent 2004 of Total 2005 of Total $ 381,830 8.71 % $ 389,140 8.16 338,380 7.72 387,903 8.14 1,399,299 31.92 1,195,002 25.07 $ 2,119,509 48.34 % $ 1,972,045 41.37 $ 4,384,370 $ 4,766,770 The amounts that are reserved or designated are not intended to be available for working capital. The League of Minnesota Cities and the Office of the State Auditor recommend designating funds for working capital in amounts sufficient to meet the operating expenses for the first half of the next fiscal year. Given this recommendation, it is important that the City base its working capital target on the undesignated portion of fund balance. The amount of undesignated fund balance has decreased in total and on a percentage basis from 2004 to 2005 (the last years of audited information). This has led to very little cushion at the City's cash low point. t)a`«.t~i;`r s)t~)i,7 ~ 1^uk `352.~3:i;i 3`ldal ~w w.:~r~nri:~r°s.~vern _1_ City of Mound August 3, 2006 Page Two We have provided a graphical presentation of the monthly cash balances in the General fund for 2005 and 2006 (the most current cash balance information) below: ' $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $- Z ~ ~ 6 ~ ~ ~ ~ Monthly General Fund Undesignated Cash Balances 2006 $1,400,000 $l,zoo,ooo $l,ooo,ooo $soo,ooo $600,000 $400,000 $200,000 $- ':ts'~.Y,.l',{ <ltl?Jt7 • Hitt. 357.S.',ii.;iY.(~rt {t'H'lti.slt'li'i(;IRit1,t'tl:7fEI . P1 . Monthly General Fund Cash Balances 2005 ~ ~ ~ ~ ~ ~ ~ City of Mound August 3, 2006 Page Two The City's low point for the first half of the year has occurred in May for the last several years. The balance at May 31, 2006 was $153,017. This is a decrease of $125,065 from the May 31, 2005 balance of $278,082. If the City continues to reduce the unreserved fund balance at this rate it will almost be negative at May 31, 2007. The City has very little cushion for working capital and nothing designated for emergency needs or unplanned expenditures. We recommend that the City Council consider this declining undesignated portion of fund balance when planning for the 2007 budget. We believe that a higher fund balance designated for working capital could be set. Based on the trends in the graphs, a 30 to 35 percent undesignated target would provide more cushion for working capital and emergency needs. The City would need to add an additional $200,000 to $500,000 to reach 30 to 35 percent of planned expenditures. Implementation of this target could occur over several years. We appreciate the opportunity to be of service to the City and if you have any questions, please let us know. Sincerely, ABDO, SICK & MEYERS, LLP Certified Public Accountants & Consultants ~~~~~~ Steven R. McDonald, CPA Managing Partner ~3;x`3.kE:}:r~r(N)it + ~i~x"):il.l~:ii„9.>t~a \Y Vti 4v.'rll`Yi9('~)[t+.l `St(it -3- ~, 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952)472-0620 WEB: www.cityofmound.com MEMO To: Mayor and Council From: Kandis Hanson Gino Businaro Re: Year 2007 Levy and Budget Date: August 3, 2006 Once again we embark on a most difficult task-the 2007 Budget. Per your request, we are presenting to you a Budget and Levy proposal early in the budget process, so that you have the opportunity to give us direction primarily in the area of the Levy and the General Fund Balance. We will schedule additional meetings to review this budget in more detail before, if desired, and definitely after the preliminary numbers are certified to the County. Enclosed please find a draft of the main pages relating to the General Fund and the Levy. Here is information that will help you in your analysis: General Fund • The General Fund Levy is being set at a level equal to the amount necessary to have a balanced budget. • The specific amount of Current ad Valorem Taxes is 95% of the levy, less the amount paid by the State in Market Value Homestead Credit. • The Fiscal Disparity Distribution is not available at this time. We are using last year amount for now. • State Aid for Streets is being split between the General Fund and the Seal Coat Fund. • Building Permits and related fees are coming in way below the 2006 projection and we are hoping that $150,000 will be achievable in 2007. • Plan Checks also are not coming in at the 2007 projected rate. We think that $70,000 is on the optimistic side for 2007. • Court Fines are coming in way lower than projected for 2006. • Interest on Investment is tied to cash flow and the market. • Proceeds from the Sale of Bonds is proportionate to Capital purchases in the Police, Street and Parks Departments. • The Finance Department budget increase reflects the addition of the Senior Accountant for a full year vs. part of the year in 2006. printed on recycled paper -4- • Promotions reflect additional dollars for special events. • The Cemetery budget includes $2,800 for other improvements. • The reduction in contingencies reflects a rainy day amount of $15,000 instead of the usual $25,000. • The increase in transfers is due to the Mound share toward fire services based on the new formula approved by the Council earlier this year. • The audit cost was increased by 3% and the administrative/computer costs by 5%. • The general liability insurance was increased by 5% and workers comp by 15%. • Health insurance was increased by 16%, dental insurance by 40%, LTD by 3% and Life Insurance by 3%. • Salaries were adjusted by 3% cost of living, based on already-settled labor contracts plus steps for employees who are making their way to the top of their salary scale. • The 18.58% General Fund Balance is the result of the assumptions given above. Your direction on this item is one of two critical orders of business to be achieved at this meeting. Levy: • The 16.25% Levy for General Purposes was used to show what increase is needed to generate enough revenues to be equal to the proposed expenditures. All other levies are --. required by the bond schedule or by other binding commitments. • The Mound HRA levy of $173,760 is based on levy authority per Statute and Council decision to use the money for the Transit Parking Deck. • The Fiscal Disparity amount used is the same of last year for now. • It is too early for us to get numbers from the County to calculate the tax rate and the impact of that rate to the various property values. Your direction on this item is the second critical order of business to be achieved at this meeting. The detailed budget pages for each department and all other funds will by distributed once direction is received from the City Council and priorities can be applied to the budget. If you have questions about these materials or need other specific information, please us in advance so that we can research it for you prior to the Aug 8 meeting. Our meeting time is limited and we are hoping to glean from Council Members as much direction as possible so we can return with an acceptable preliminary budget. With all of us working together, we are sure that we will have a satisfactory preliminary budget in September and a final budget in December that you will be willing to support. -5- ~, 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX: (952)472-0620 WEB: www.cityofmound.com MEMO To: Mayor and Council From: Kandis Hanson Gino Businaro Re: Programming - 2007 Budget Date: August 3, 2006 Our charge as City officials is to provide for the health, safety and welfare of the citizens. That generally means provide for the basic needs. Other services beyond that scope can be thought of as enhancements to quality of life and can oftentimes be reduced or eliminated. With that in mind, Council Members are asked to think in terms. of "programs" when you think of reducing the budget. You may ask yourself: What programs are non-essential and can be curtailed or eliminated to reduce the budget with the least amount of impact to the citizens? You could consider the following programs for cutback: --designate several parks as natural, eliminating their mowing --review status of green spaces, to determine other possible uses, including sale to the public, cutting back on maintenance demands plus adding revenues --increase the time between grass and weed trimming citywide --beach maintenance --beach and park weed spraying --port-a-potties in parks --skate park contribution --lifeguards --contribution in money and in-kind to the Gillespie Center , --garbage pickup downtown --CBD parking program, and the corresponding services --phase out City involvement in redevelopment --garden maintenance of Greenway, Streetscape, Public Safety Facility, new pump house --weed spraying on sidewalks and roadsides --street sweeping frequency --striping of crosswalks and parking lots --sidewalk repair --pothole repair --seal coating --snowplowing 3:30 p.m. to 7:00 a.m. and on weekends (overtime) ®printed on recycled paper -6- --snow removal from sidewalks --snowplowing only after 4" accumulation --signage repair, replacement and additions --tree trimming in the ROW --Operation Clean Sweep and other nuisance abatement --Recycling Program --crime prevention activities --events (supplies and labor, esp overtime) -Spirit of the Lakes Festival contribution and support -Music in the Park contribution and preparation -National Night Out -ribbon cuttings -ground breakings -other unplanned events (i.e., Scherven Park Dedication, Skate Park Ribbon Cutting, 911 Remembrance, Frank Weiland Park Dedication, Andrews Sisters Trail dedication) --PD response to car lockouts --PD response to property damage accidents --police programs, such as Triad or others (eliminating an officer) --close City Hall one day per week (10 hour days), reducing utilities --close the cemetery --close the Depot --newsletter frequency or elimination --Homestead processing at City Hall --annual employee picnic --memberships, dues and subscriptions -7- GENERAL FUND SUMMARY OF REVENUES AND EXPENDITURES 2004 2005 2006 2007 2007 ACTUAL ACTUAL APPROVED REQUESTED PROPOSED REVENUE GENERAL PROPERTY TAXES 2,294,529 2,888,834 2,805,435 3,296,131 3,296,131 17.49% INTERGOVERNMENTAL REVENUE 380,357 346,706 342,060 342,060 342,060 0.00% LICENSES 21,645 19,220 19;550 20,150 20,150 3.07% NON-BUSINESS LICENSES & - PERMITS 278,237 226,283 285,300 253,300 253,300 -11.22% GENERAL GOVT. CHARGES 481,179 499,988 485,600 494,000. 494,000 1.73% OTHER REVENUE 338,870 365,135 310,500 334,000 334,000 7.57% INTERFUND TRANSFERSBONDS x93.716 293.645 297.000 242.000 42 2.000 -18.52% TOTAL REVENUE 4.288.533 64. 39.811. 4.545.445 4.981.641 4 ..981.641 9.60% EXPENDITURES CITY COUNCIL 74,466 77,172 82,450 88,445 88,440 7.27% PROMOTIONS- 3,750 3,750 5,250 11,000 8,250 57.14% CABLE T.V. 41,976 42,141 45,000 43,000 43,000 -4.44% CITY MANAGER/CLERK 275,725 290,935 309,51.0 338,056 338,050 9.22% ELECTIONS & REGISTRATION 12,135 435 20,600 2,850 2,850 ASSESSING 78,759 84,359 86,250 87,350 87,350 1.28% FINANCE 225,064 244,696 296,970 362,475 362,470 22.06% COMPUTER 24,584 18,647 13,950 15,050 15,050 7.89% LEGAL 141,743 130,772 163,440 135,462 135,460 -17.12% s POLICE 1,452,018 1,581,701 1,468,550 1.,565,459 1,565,470 6.60°k EMERGENCY PREPAREDNESS 6,851 6,071 7,100 7,100 7,100 0.00% PLANNING & INSPECTION 304,558 381,398 432,780 437,026 437,020 0.98% STREET 1,020,902 937,728 911,920 955,667 955,660 4.80% CITY HALL BLDG & SRVS 128,260 98,193 118,070 112,369 112,370 -4.83% JANITORIAL SERVICES 0 0 0 47,155 0 PARKS 445,955 384,392 491,870 475,937 475,930 -3.24% CEMETERY 9,210 7,641 10,447 13,247 13,250 26.83% RECREATION 0 3,000 0 10,000 10,000 CONTINGENCIES 14,501 28,773 30,000 26,700 16,700 -44.33% TRANSFERS 415.768 475.216 272 306.790 306.790 12.42% TOTAL EXPENDITURES 4.676.225 4.797.020 4.767.047 5.041.138 4.981.210 4.49% INCREASE (DECREASE) (387,692) (157,209) (221,602) (59,497) 431 -100.19% FUND BALANCE, JANUARY 1 1,422,542 1,340,889 1,164,760 925,032 925,032 -20.58% ADJUSTMENT TO AUDIT 306.039 37 0 6 FUND BALANCE, DECEMBER 31 1 4 1 14. 6.634 49 3.158 865.535 925.463 -1.88% FUND BALANCE AS A PERCENTAGE OF EXPENDITURES: 28.67% 23.90% 19.78% 17.17% 18.58% NOTE: UNDESIGNATED ONLY IS PART OF FUND BALANCE. -$- CITY OF MOUND TAX LEVY RECAP TAX LEVIES REVENUE -GENERAL PURPOSES REVENUE -LEASE PAYMENTS 2001A JUDGMENT BOND FIRE RELIEF G.O. IMPROVEMENT 2001 C G.O. IMPROVEMENT 2003A G.O. TAX INCREMENT 2003C G.O. IMPROVEMENT 2004A G.O. EQUIP. CERTIFICATES 2004C G.O. IMPROVEMENT 2005A G.O. EQUIP. CERTIFICATES 2005C G.O. IMPROVEMENT 2006A G.O. EQUIP. CERTIFICATES 2006C G.O. EQUIP. CERTIFICATES 2007 LEASE EQUIPMENT LOAN TOTAL LEVY SPECIAL TAXING DISTRICT HOUSING & REDEVELOPMENT AUTHORITY (SPECIAL TAXING .---. DISTRICT) Property Value: Property Value: Property Value: Property Value: ~. TOTAL LEVY CERTIFIED LEVY FISCAL DISPARITY NET LEVY CITY PROPERTY TAX RATE 150,000 200,000 250,000 300,000 PROPOSED 2444 24~ 2oos 2 07 2,528,050 2,717,660 3,126,774 3,634,875 16.25% 389,140 368,440 364,060 368,250 22,200 21,800 21,400 20,900 33,350 33,350 67,890 71,010 5,700 71,200 75,000 73,300 116,440 136,860 139,067 141,167 139,830 143,340 141,494 144,179 0 28,500 30,600 26,900 65,460 142,450 114,500 111,700 0 0 66,700 68,600 0 35,000 31,000 64,200 0 0 0 32,234 0 0 35,000 37,513 0 0 0 23,000 21.790 14.320 3.420 4 23.3 1.960 3.712.920 4.216.904 4.817.827 14.25°k 116.506 13 1 136.124 173.760 27.65% 2005 2006 2~ 3,712,920 4,216,904 4,817,827 14.25% 3,712,920 4,216,904 4,817,827 27 4 f 8~ ~QZQ), 3.434.460 3.931.834 4.532.757 15.28% 37.295 37.259 ? ? I~X ~X I~ 559.43 558.89 ? 745.90 745.18 ? 932.38 931.48 ? 1,118.85 1,117.77 ? -9- GENERAL FUND REVENUE pp~ GENERAL PROPERTY TAXES 48000 31010 CURRENT AD VALOREM TAXES 48000 31020 DELINQ. AD VALOREM TAXES 48000 31040 FISCAL DISPARITY 48000 31910 PENALTIES & INTEREST 48000 35200 FORFEIT TAX SALE APPORT. TAXES TERGOVERNMENTAL REVENU 42000 33100 FEDERAL GRANT -POLICE 48200 33160 GRANTS FROM OTHER GOVT. UNIT 48200 33401 LOCAL GOVERNMENT AID 48200 33402 MKT VALUE HOMESTEAD CR 48200 33415 OTHER STATE GRANTS 43000 33418 STATE AID FOR STREETS 42000 33421 POLICE PENSION AID 48200 33425 PERA STATE AID I N; 42000 32010 42000 32020 42000 32030 42000 32040 42000 32050 42000 32072 42000 32175 42000 32180 42000 32190 INTERGOVERNMENTAL REVENUE LIQUOR LICENSES BEER LICENSES GARBAGE LICENSES ENTERTAINMENT LICENSES CIGARETTE LICENSES PUBLIC GATHERING P. FIREWORKS LICENSES MISC. BUSINESS LICENSES MISC. BUSINESS PERMITS LICENSES NON-BUSINESS LICENSES & PERMITS 42000 32210 BUILDING PERMITS 42000 32215 FIRE PERMITS 42000 32230 PLUMBING PERMITS 42000 32235 HEATING PERMITS 42000 32236 PUBLIC LAND PERMITS 42000 32238 PLUMBING REGISTRATION 42000 32241 DOG/CAT LICENSES 42000 32270 GRADING/EXCAVATING 42000 32290 MISC. P&I FEES 42000 34104 PLAN CHECK FEES 42000 34310 CONTAINERS ON RIGHT OF WAY NON-BUS.. LIC. & PERMITS 2004 2005 2006 2007 ACTUAL ACTUAL APPROVED PROPOSED 2,001,969 2,565,173 2,470,435 2,948,131 19.34% 28,668 40,822 40,000 50,000 25.00% 257,885 275,278 280,000 285,000 1.79% 6,007 7,561 10,000 8,000 •20.00% Q Q 5.000 5.000 0.00% 2.294.529 2.868.834 0 4 29 1 17.49% 56,150 15,547 0 0 0 0 0 0 0 0 0' 0 219,698 193,437 220,000 220,000 0.00% 0 0 0 0 35,742 60,000 46,000 46,000 0.00% 7 6 2, 7 0 7 1,6 6 2 70 ,0 0 0 7 0 0 0 0, 0.00% C f ~C 1 1 S[~]LY ¢~ ~~ n~~ f YaYYY C nG f 1 6.O6Q ~ n C f 1 6.060 0.00% 380.357 43 6.706 342.060 342.060 0.00°k 14,200 12,400 12,100 12,100 0.00% 75 900 100 400 300.00% 900 900 900 900 0.00% 225 330 200 300 50.00°!0 0 200 0 200 300 0 900 900 200 0 300 300 0.00% 3,000 3,050 2,550 2,550 0.00°k 2.745 1.440 2.500 x,500 0.00% 21.645 19.220 1 5 20.150 3.07°k 162,805 135,876 170,000 150,000 -11.76% 144 0 200 200 0.00% 14,034 9,918 15,000 15,000 0.00% 9,486 9,718 10,000 10,000 0.00% 0 0 0 0 0 0 0 0 5,942 1,510 6,000 2,000 7,140 5,278 4,000 6,000 50.00% 0 0 0 0 78,536 63,883 80,000 70,000 -12.50% ~„5Q 1~ 1_QO_ 1_QQ 0.00% 278.237 226.283 285.300 25 0 -11.22% _~Q_ ~ 1 GENERAL FUND REVENUE 2004 2005 2006 2007 ACTUAL ACTUAL APPROVED PJtOPOSED D~ GENERAL GOVT. CHARGE 42000 34103 ZONING CHARGES 2 25 0 0 41000 34105 SALES OF MAPS, ETC. 542 376 600 500 -16.67% 41000 34107 ASSESSMENT SEARCHES 600 60 400 400 0.00% 42000 34114 PLANNING COMM. APPL. 10,935 21,340 10,000 10,000 0.00% 42000 34210 DOG PICK-UP CHARGES 1,925 2,575 2,000 3,000 50.00°k 42000 34215 KENNEL BOARDING FEES 0 0 0 500 42000 34230 MISC. SERVICE CHARGES 6 6 0 0 48100 37290 STREET LIGHT FEE 105,673 107,696 106,000 106,000 0.00% 48100 38051 FRANCHISE FEE -CABLE T.V. 93,451 95,063 95,000 97,000 2.11 °k 48100 38055 ANTENNA LEASE 71,032 74,031 76,600 76,600 0.00% 48100 38060 CENTER POINT FRANCHISE FEE 89,435 89,$20 90,000 90,000 0.00% 48100 38070 XCEL ENERGY FRANCHISE FEE 107.578 108.996 105.000 110.000 4.76% GENERAL GOVT. CHARGES 4 1 7 499.988 485.600 494.000 1.73% OTHER REVENUE 49300 34108 ADMIN SUPPORT & OVERHEAD 138,892 145,011 140,000 147,000 5.00% 45000 34110 DEPOT RENTAL 4,094 4,050 4,500 .4,000 -11.11°k 42000 34191 SURCHARGES 511 354 500 300 -40.00% 42000 34203 ACCIDENT REPORTS 1,815 -1,681 2,000 1,500 -25.00% 45000 34940 CEMETERY SALE OF LOTS 4,225 4,025 4000 4,200 5.00% 42000 35100 COURT FINES 110,122 96,293 110,000 90,000 -18.18% 41000 36100 NEW ASSESSMENTS 2,189 2,054 1,000 2,000 100.00% 41000 36200 MISCELLANEOUS 27,931 33,465 25,000 30,000 20.00% 48400 36210 INTEREST 18,017 50,668 20,000 45,000 125.00% 48500 39101, SALE OF PROP. & EQUIPMENT 31.074 27.534 3.500 10.000 185.71°~ OTHER REVENUE 338.870 365.135 310.500 334.000 7.57% 49300 39203 TRANS. FROM OTHER FUNDS 0 0 0 0 49300 39210 INTERFUND TRANSFERS 10,583 11,939 10,500 12,000 14.29% 47000 39310 PROCEED FROM SALE OF BONDS 483.133 2 1 70 286.500 230.000 -19.72% TOTAL TRANSFERS/BONDS 493.716 2 3 64 297.000 242.000 -18.52% TOTAL REVENUE 4.288.533 64. 39.811 4 44 4.981.641 9.60°k BREAKDOWN BY PERCENTAGE GENERAL PROPERTY TAXES 53.50% 62.26% 61.72% 66.17°k 4.45% INTERGOVERNMENTAL REVENUE 8.87°k 7.47% 7.53% 6.87°k -0.66% LICENSES 0.50% 0.41% 0.43% 0.40% -0.03% NON-BU SINESS LICENSES & PERMITS 6.49% 4.88% 6.28% 5.08% -1.19% GENERAL GOVERNMENT CHARGES 11.22% 10.78% 10.68% 9.92% -0.77% OTHER REVENUE 7.90% 7.87% 6.83% 6.70% -0.13% TRANSFERS 11.51% 6.33% 6.53% 4.86°0 -1.68% TOTAL 100.00% 100.00% 100•QOok 100.0 °0 0.00% _~~_ 2007 PROPOSED CAPITAL OUTLAY -ALL FUNDS DEPARTMENT PROPOSED DEPARTMENT UND ITEM REQUEST AMOUNT City Manager/Clerk General Scanner for Laser Fiche 0 0 0 Finance General Printer 1,000 0 0 Police General Squad Car - 2007 Crown Victoria 27,000 27,000 Radar Unit 2,050 0 Copy Machine 15,000 0 In-Squad Camera System 5,945 0 27,000 PlanningAnspection General GIS Software 0 0 0 Streets General Boxes & Sander for Plow Trucks 131,125 131,130 Wheel Front End Loader - 50% 62,000 62,000 193,130 City Hall Bldg. & Srvs . General Chairs -Council Chambers 5,500 5,500 City Entrance Signs 0 0 5,500 Parks General Dept. Request Trailer 7,000 6,130 Langdon Out Lot Survey 2,000 0 4X4 Pick up 1/2 Ton 20,000 0 6,130 POSAC Request 3 Play Structure 0 0 20 Picnic Tables 0 0 Park Plan From Park Dedication Fees? 0 0 Park Signage 0 0 Dog Bag Dlspensors 0 0 0 Recreation POSAC Request Skate Park Improvement From Park Dedication Fees ? 10.000 Q 0 TOTAL GENERAL FUND 288.620 231.760 231.760 -12- Area Fire Service Three Mobile Data Computers 3,600 3,600 Seif Contained Breathing Apparatus W1Harness and Mask 105,000 8,400 One 16" Chainsaw-Cutters Edge with Depth Guard 1,750 1,750 Emergency Prepareness SUV 15.000 15 28,750 TOTAL AREA FIRE SERVICE FUND 125.350 28.750 28.750 Liquor Store Liquor Fund Cardboard Compactor Q 0 TOTAL LIQUOR FUND Q Q Water Water Fund Stihl Saw - 50% 750 750 Loader - 30% 37,200 37,200 Pick Up Truck 45,000 45,000 TOTAL WATER FUND 62.950 82.950 Sewer Sewer Fund Stihl Saw - 50% 750 750 Generators (3) 50,000 50,000 Loader - 20% 24.800 24.800 TOTAL SEWER FUND 75.550 75.550 Docks Dock Fund Dock Deck Replacement 2,200 2,200 Parks CIO Transfer 875 880 Multiple Slip Dock 16,000 16,000 19,080 Rip Rap 20,000 20,000 Denning Cove Dredge 15,000 15.000 TOTAL DOCK FUND 54.075 54.080 270,050 -13- _m ~~ ~~ . ~M~ a,~ y,M.d~„e . ~--~ ~"~ O u Guidelines for Preparing City Budgets a resear~~ memo for city o~iCials 215b.1 July 2006 $15 2007 League o~ Minnesota Cities -14- ~ 1 Table of Contents Preface ...............................................................................:........,..................,..........,................................... 3 I. N ew for 2007 .................................................................................................:...................:........:... .. 8 A. General legislative changes impacting cities .......................................................................... :. 8 B. Changes in personnel-related law ........................................................................................... 10 C. Clean Water Legacy Act ......................................................................................................... 12 D. Land use .................................................................................................................................. 13 E. Insurance law change ................................ ............................. ........................................... 14 II. Budgeting basics.....: ................................................................................................................... 15 A. Budget is a plan ....................................................................................................................... 15 B. Capital planning ................~..................................................................................................... 16 C. City fund balances ................................................................................................................... l d D. Budget format .....................................................................:................................................... 17 E. GASB 34 ...............................................................................:...........:......................................... 17 F. Budgeting process ....................................................................................................................... 1.7 III. Expenditures .................................................................:..........................................................:.. 21 A. Categories of expenditures ...................................................................................................... 21 B. Budget considerations ............:................................................................................................ 23 C. Pension and retirement costs ........................................................................:.......................... 30 D. Fees, dues, and insurance costs .....................................:......................................................... 42 E. Tax costs ..................................................................................................................................... 46 IV. Revenues ........................................................ ........................................................................ 53 A. Tax revenue .:........................................................................................................................... 53 B. Property taxes .......................................................................................................................... 53 C. Setting the property tax levy .............................................................................:..:.................. 54 D. Local lodging taxes ...........................................................................................................:..... 57 E. Gambling tax and fund ................................................................................................................ 57 F. General state aid .....................................:.................................................................................... 58 G. .............................................................................. Market value homestead credit .........:.... ... 60 H. Fiscal disparities programs ...............................................................................:...................... 61 q League of Minnesota Cities -15- ~~ C' 0 I. Categorical state aid .................................................................................................................... 62 J. Amortization aid .................... ........................................................... ................................. 65 K. Loss of amortization aid entitlement ....................................................................................... 65 L. Street and highway funding ............... ........:........................................................................... 65 M. Highway user tax distribution fund ......................................:.................................................. 67 N. Clean Water Legacy Act ......................................................................................................... 68 O. Additional revenue sources -Licenses and permits ................................................................ 69 V. Truth-in-taxation .............................................................................................................. . ...... 72 A. Proposed levy and budget ....................................................................................................... 72 B. TNT hearing exelnptions .................................................................................................:...... 72 C. Selecting hearing dates ............................................................................................................ 73 D. Parcel-specific notices .................................:...........:............................................................... I 74 E. Advertising requirements ..................................................................................:......................... 75 F. TNT hearings .............................................................................................................................. 76 G. Certification of final levy ........................................................................................................ 77 H. Compliance and enforcement .................................................................................................. 77 I. Administrative costs ........................ ....................................................................................... 78 J. TNT Summary Chart ..........................:....................:...............:.................:................................ 78 VI. Financial reporting ......................:.........:.........................................................................:.:......... 79 A. GASB reporting standards ..................................................................................................... 79 B. Levy information ......................................................................................................... ...... 80 C. Budget information ................................................................................................................. 80 D. Annual financial statement ..... .........................................................:................................... 80 E. Municipal }iquor financial statement .......................................................................................... 82 F. Enforcement power of state auditor .......... .............................................................................. 82 G. City reporting under Minn. Stat. § 6.74 .................................................................................. 83 H. Development fee reporting ...................................................................................................... 83 I. Other types of financial reports .............:..................................................................................... 83 J. Audits ... ...................................................................................................................................83 Append ix A ..........................................:............................................:.........:. ................ .................... 84 Append ix B ............................................................................,...........................................:....................... . 86 y Guidelines for Preparing City Budgets 2007 s -16- I. New for 2007 A. General legislative changes impacting cities Minnesota's New The 2006 Legislature spent a significant amount of time discussing eminent domain law, Eminent Domain Law enerall restrictin its use and increasin com ensation to roe owners. While these 2006 Minn. Laws ch. g Y g g P P P rtY zia. changes impact all property acquisition for city infrastructure development and redevelopment efforts, they do not routinely affect city-operating budgets statewide. The 2006 Legislature also enacted legislation creating a Minnesota Ballpark Authority to zoo6 nainn. laws oh. construct and operate a Major League ballpark. Funding for the (Twins) stadium will come from 257 to be codified as bonds, issued by Hennepin County, and a .15 percent local option sales tax to provide revenue for Minn. Slat. § 473.75 to payment of debt service on the bonds. All cities, including cities in Hennepin County, aze exempt a73.763. from this Vocal sales tax (and all local action sales taxes) based on previous law. Minn. Stat. § 297A.98 1. No levy limits Cities are not subject to state-imposed levy limits as they budget and levy for 2007. The 2006 Legislature did not impose any new limitations on property tax authority. 2. MVHC reimbursement restored The 2006 Legislature reinstated the market value homestead credit reimbursement (MVHC) for 103 cities that did not receive money from this state program during the years 2003-2006. The 2003 Legislature balanced. a major state deficit, in part, by cutting state aids and credits to cities. Under the cuts, some cities experienced a reduction in the MVHC reimbursement. The 2005 Legislature extended the MVHC reimbursement cuts for 103 cities for 2005 and 2006. The 2006 Legislature did not extend the cuts so the 103 cities will receive the full MVHC credit for taxes payable 2007. See.Marke~ Vahee please note: MVHC is a part of each city's certified levy. Part of your levy is paid to your city by Homestead t"redu roe' the county from property tax receipts, with the balance paid by the state via MVHC. reimbursement. MVHC is a state credit that is already figured in as a portion of your certified levy. Do not budget to receive MVHC dollars above your total certified levy. With the reinstatement of the MVHC appropriation, please be reminded that these funds are paid to the city by the county as part of the city's adopted and certified levy. This means that for 2007, cities should receive their entire certified Iery without reduction and without any cities experiencing a MVHC shortfall. Do not budget to receive MVHC dollars above your total certified levy. 3. LGA funding 2006 Minn. L-aa~s ch The 2006 Legislature did not change the local government aid (LGA) formula; nor did it 259, arr. ? § A, amending a ro riate additional funds for this ro ram. LGA a able in 2007 will be available from the Minn. Slat. §477A.01a, PP P P g P Y subd. 1, Department of Revenue during the first week of August 2006. One clarification specifies that the Department of Revenue must have. extensive information about annexations (boundary adjustments), or changes in form of government, by July 15 to calculate LGA adjustments for taxes payable the following year. League of Minnesota Cities _17_ 4. Taconite .aid 2006 Minn. Laws gin. The 2006 tax bill establishes a special fund and creates aone-time 2007 distribution of 38.4 cents 259, an. t2, sec.13 er ton of the taconite roduction tax that would otherwise be distributed into the property tax amending Minn. Stet. § P P z9s.296t. relief account. The properly tax relief account currently has sufficient resources to cover the ongoing taconite homestead credit without this one-time distribution. Revenue in the special fund is allocated to a variety of infrastructure projects in the taconite tax relief area. 5. Local taxes zoo6 Mutt. Laws, ott. The 2006 Legislature gave the cities of Austin, Baxter, Brainerd, and Owatonna the authority to 2s9, air. 3, Seotions 9- 12. collect a local sales tax. This continues a trend of recent years: A growing number of cities have obtained specific legislative authority and a favorable vote from residents (a local referendum) to See Scc.IV, Reeermes. impose a local sales tax for purchases made in or received within the city. Generally, the sales tax funds specific local capital improvement projects with regional significance. 6. Bonding for transportation .projects zoo6 Minn. Laws en. The 2006 bonding bill provides, among other things, $55 million in bonds to match federal zsg. money and to replace or rehabilitate local deficient bridges. Political subdivisions may use grants made under this section to construct or reconstruct bridges-or to pay costs to abandon bridges that cannot be replaced. Construction and reconstruction of local roads of regional significance receive $I6 million in bonds. Of that amount, $7.65 is for grants to counties to assist in paying the costs of capital Minn. Star. § 174.52, sttbd. 4. improvement projects on county state-aid highways outside of the metropolitan area. The bonding bill also provides $2 million for capital assistance for greater Minnesota cities transit systems. Up to 80 percent of this money is for the non-federal. share of transit capital facilities. 7. Municipal state-aid for streets in larger cities Minn Stat. $ 162.1.8, Any city, with a population of 5,000 or more, can now issue larger obligations, or bonds, in subd. I ame~~ded by antiC1 ation of receivin munici al state-aid for streets. The 2006 Legislature increased the ?006 Minn. Laws ch. p g p zs9, art. ~, seg. 3 allowable-bond percentage limit from 50 percent to 40 percent of the last annual allotment of municipal state-aid fund. Also, the five-year maturity limit on these obligations is eliminated by this amendment. (Cities use these anticipation bonds to establish, locate, relocate, construct, reconstruct, and improve municipal state-aid streets within the city.) 8. Sewer and water bond term increased zoo6 tvlinrt. Laws oit. In the public finance bill, the 2006 Legislature increases the term for sewer and water system 2s9, Sec. 2 amending bonds from 30- ear term to a 40- ear term. The 40- ear term cannot exceed the useful life of the y y y Minn. Stat. § 469.035 .asset. 9. HRA and EDA bond law changes zoo6 Mann. Laws oh. A city housing and redevelopment authority (HRA) may now sell bonds below par value. In 259, Sec. 7 amending addition the maximum term of economic development authority (EDA) bonds is now 30 years Minn. Stat. § 469.035 ~ instead of 20 years. Guidelines for Preparing City Budgets 2007 -~~' 10. Change in market value definition for debt limits 200 na;~~n. Lawa ~h. The term "market value" (or "taxable market value" or "market valuation") now means the total Minns Stet § 469.035 taxable market value of properly within the local unit of government before any adjustments for tax increment, fiscal disparity, powerline credit or wind energy values, but after the limited market adjustments and "This Old House" exclusions. 11. Utility property tax abatements zooci Mi,»i. Laws ch. Effective Aug. 1, 2006, a political subdivision may grant abatements to utility property zs9. mcludin ersonal roe b contract or otherwise under its eneral abatement authori (• g P P P m')~ Y g tY• This law also authorizes granting an abatement if the governing body finds that it would be in the public interest to do so because granting the abatement will stabilize the tax base through equalization of the property tax revenues for a specified period of time with respect to a taxpayer whose property is valued under the rules that apply to utility property. 12. Emergency medical services district sunset extended zoos Mi»t. Laws alt. The emergency medical service special taxing districts will not expire in 2009 but are extended 2s9 amending 2001 until taxes levied n 2011 a able in 2012. Minn. Laws First ~ P Y Special Session ch. 5, art. 3, sec. 8, as amended by 2005 Minn. Laws ch. 1 s, art. 3, sec. 19. B. Changes in personnel-related law 1. Paid time off for organ donation 200 Minn. Lauw. oh. Anew law provides that public employers, who employ more than 20 employees, must grant 220 to be codified az em ]o ees who work an avera a of more than 20 hours a week a ald leave of absence to Minn. Stet. § 181.945 6 P Y ( g ) P undergo a medical procedure seeking to donate an organ or partial organ to another person. "Employee" for the purposes of this law includes all individuals employed at any site owned or operated by a public employer. The paid leave may not exceed 40 work hours, unless agreed to by the employer. 2. Unpaid leave for families of mobilized military members ~ooe Min". La.vs ah. A newly enacted section of state law requires that employers, including cities, grant a leave of 273 to be codified at absence without a to an em to ee whose immediate famil member is ordered into active Minn. Stet. § 181.948. P Y P Y Y service. The amount of leave provided may be limited to the actual time necessary for the employee to attend atend-off or homecoming ceremony for the mobilized service member, not to exceed one day's duration in any calendar year.. 2ooti n-rin". Lai°q °n. Another new law requires that employers (including the state and all governmental subdivisions) 273 to be oodified at rant u to 10 workin da s of un atd leave to an em to ee whose immediate famil member Minn, slat. § lst.947. g P g Y P P Y Y has been injured or killed while engaged in active military service. For the purposes of this. law, immediate family member is a parent, child, grandparent, sibling or spouse. 10 League of Minnesota Cities -19- 3. Volunteer firefighters not covered by retirement plans 2ooe Minn. Laws cl~. Volunteer firefighters of a city fire deparhnent, or an independent nonprofit firefighting z71, art. 3, Sec. 33 who are not covered by police and fire retirement plan offered by PERA or by a co oration ~ amending Minn. Stat. § 353D.02, adding snba. , volunteer firefighters relief association, may choose to participate in PERA. An eligible 7• firefighter's decision to participate in PERA is irrevocable. Before any payments are made, the city must approve the firefighter's decision to elect PERA retirement coverage. 2oob M;nn. Laws oh. Under this new law, a volunteer firefighter's PERA account can be funded in one of two ways. 27I, art. 3, Sec. 35 amending Minn. Stat. § Either the volunteer firefi hter must contribute at least 7.5 percent of any compensation he or she g 353D.03, adding 5uba. , receives for firefighting services -- or if the city approves the firefighter s choice to participate in 6. PERA -- the volunteer firefighter and the city shall contribute at least 7.5 percent of any compensation received for firefighting services. 4. Government Accounting Standards Board (GASB) and C;~ther Post-Employment Benefits (OPEB) See Sec. II Retiree OPEB generally refers to retiree health care and other benefits offered after employment. The Health Insurance overnment accounting standards known as GASB No. 43 and GASB No. 45 treat post- g employment benefits as current costs rather than deferred costs. • GASB Statement Number 43: Financial Reporting for Post-Employment Benefits Other Than Pensions establishes uniform financial reporting standards for other post-employment benefit plans. • GASB Statement Number 45: Accounting and Financial Reporting by Employers for Post- Employment Benefits Other Than Pensions addresses standards for the measurement, recognition, and display of employers' other post-employment benefit expense/expenditures and related liabilities (assets), note disclosures, and required supplementary information if applicable. Virtually all Minnesota public-sector employers will have some OPEB liability, regardless of their size, whether they contribute towards retiree contributions, or whether they currently have retirees on their health plan. This is due to a provision in Minnesota statute that requires cities (and other public-sector entities) to allow early retirees the option. to stay on the active employee plan until they turn 65. In Minnesota, when an employee retires under age 65, the most the city can charge is the group premium rate for the active employee plan. This rate is typically less than the retiree's expected cost and creates an issue known as implicit rate subsidy, which is considered to be other post-employment benefits under GASB and must be quantified and reflected on the city's financial statements. These standards will be phased-in based on the revenue of the employer. However, by Dec. 15, 2007, all cities must follow GASB No. 43. By Dec. 15, 2008, GASB No. 45 will apply to all employers. Cities should take steps now to comply with these complex new standards. Contact the League's HR & Benefits Department for more information. Guidelines for Preparing City Budgets 2007 II _'ZO _ 5. Police and firefighter training funds a. Peace Officer Standards and Training Board reimbursements funded zoos Minn. Laws. ~n The 2006 Legislature appropriated an additional $200,000 to reimburse local governments for z~' peace officer training costs in fiscal year 2007. b. Fire Safety Account zoo6 Minn. Laws gyn. The 2006 Legislature enacted legislation repeating the fire insurance tax and establishing a new zt7, seg. a, repealing Minn. Slat. §2971.05, Fire Safe Account. Commercial and residential insurers that rovide fire and non-liabili ~' p ty Saba. 6. insurance protection must collect a 0.65 percent surcharge on fire premiums and assessments. zoos Minn. Laws gyn. The funds from this surcharge go into the newly created Fire Safety Account. (Farmers' mutual 217 to be codified at fire insurance companies and township mutual fire insurance companies are exempt from this Minn. stet. §299F.otz. new law.) The law also creates a Fire Service Advisory Committee and authorizes the commissioner of the Department of Public Safety to spend the funds in the Fire Safety Account on activities and programs that the committee recommends. The League of Minnesota Cities appoints two of the advisory committee members. C. Clean Water Legacy Act zoob Minn: Laws gyn. The 2006 Legislature passed legislation to begin cleaning up impaired state waters-and to 251 to be codifiedat Minn. Stet. Chap. com I with the federal Clean Water Act. The Clean Water Le ac Act rovides funds to the P Y g Y P t taD.os- t taD.as. Minnesota Public Facilities Authority (PFA) for wastewater capital improvement projects. Minnesota Public Through the State Revolving Fund (SRF) the PFA provides $32,800,000 in low-interest loans to r-aciuties priority projects. Also, the Wastewater Infrastructure Fund provides $23,000,000 in supplemental assistance through matching grants with USDA-Rural Development or zero interest deferred loans for priority projects. The final clean water package also included $8.31 million in state bonding for three other programs: the Phosphorus Reduction Grants program, the Smal] Community Wastewater Treatment grant and Loan program, and the TMDL Grants program. The time to apply for these grants was very short and closed July 31, 2006. loge Minn. laws gin. .The law also creates a Small Community Wastewater program awarding loans and, in some 251 Sec. t 5 to be codified at Minn. Slat. situations rants to overnmental units to re lace failin or inade uate individual se ttc s stems. ~ g g p g Q P Y §aai,a.o7s This grant and loan program uses the existing Project Priority List (PPL) scores of eligible rnbi;c Faciiuies projects to determine which projects will be funded. The Minnesota Public Facilities Authority Authot9ty (PFA) administers the program and awards loans to local units of government. When the area served by a project has•a median household income below the state average median household income, the governmental unit may receive 50 percent of the funding as a grant. Funds for small communities to develop technical and managerial skills related to wastewater treatment are also a component of this program. Total awards are capped at $500,000 per year, but a project that will take multiple years to be completed could be given a multiyear commitment. The mix of funding could include up to 50 percent grants, with the balance being covered by state-subsidized low interest loans. Projects must have a project proposal approved by the MPCA. The projects will be ranked for funding priority using the current project priority list criteria. 12 League of Minnesota Cities -2~- 2006 Minn. Laws, eit. The Phosphorus Reduction Grant program provides $2.31 million and covers up to 75 percent of 251 Sec. l4 to be the ca ital costs of addin hos horns treatment to a wastewater treatment faciliTy. Funds go first codified at Minn. Stat. ¢ p. g p p 44fiA.074 to any eligible new project that starts construction on or after July 1, 2006. The application form for the Phosphorous Reduction Grant program should be available on the PFA web site as of July 1, 2006. For both new and retroactive grants (discussed below), the application form requires Public Facilities detailed information on construction (as-bid or incurred), engineering, and inspection costs. The .lntnnrity timeline for applications for new grants was only from July 1, 2006, to July 31, 2006. Remaining funds for each calendar year go to retroactively cover portions of the debt on eligible phosphorus treatment infrastructure installed between March 28, 2000, and July 1, 2006, as long as the city properly applies to the PFA and qualifies before June 30, 2008. (Retroactive grants will be issued in chronological order based on the date a facility's phosphorous reduction plan was approved by the Minnesota Pollution Control Agency.) Going forward, projects that meet eligibility criteria, and obtain approval from the MPCA before July 1, 2010, may receive 75 percent of their capital costs. After July 1, 2010, eligible projects may receive 50 percent cf their capital costs. D. Land use 1. Legislature requires municipal action on release of letters of credit A4inn. Laws ch. 204 The 2006 Legislature made changes. to subdivision regulation law that could affect city budgets. amending Minn. Stet. ¢ Effective Au 1 2006, a ci or town ma re wire that an a licant seekin subdivision a royal 462.358, subd. 2a g• ~ n' Y q PP g pp establish an escrow account or other financial security to reimburse the municipality for direct established- costs relating to the review, approval, and inspection of the project. In addition, this law establishes a 30-day deadline for release and return of an applicant's financial security when the municipality's conditions for approval are met. Once an applicant vouches, by certified letter, that all of the city's subdivision requirements are met, the city has 30 days to release and return to the applicant any and all financial securities tied to the requirements-if the city does not release the financial security within 30 days, the city must pay any accrued interest to the applicant. If the city determines that the conditions for approval are not met by the applicant, the city has seven days from receipt of the certified letter to provide written notice to the applicant indicating which specific conditions are not met. A municipality must require a maintenance or performance bond from any subcontractor that has not yet met all the municipality's remaining requirements. 2. Airport provisions modified zoo6 Minn. Laws eh. A city is not eligible for assistance from the state airports fund if it adopts a comprehensive plan 261, sec: a omending that the commissioner of Transportation finds is incompatible with the state aviation plan. , Minn. Stat. ¢360.017, subd. 1 Guidelines for Preparing City Budgets 2007 13 -22- t 1 E, Insurance law change Minn. taws on. Zs'-, The 2006 .Legislature amended joint powers law clarifying that the participants in a joint powers amending Minn. Stat. § arran ement are not liable for the acts or omission of other artici ants. The law now treats the 471.59, adding subd. 1 a, g P p participants as a single entity for purposes of the tort liability limits. The new law also adjusts the statutory tort caps for the state and local units of government in two phases. The cap is currently set at $300,000 per individual and $1,000,000 per event. Beginning on Jan. 1, 2008, the cap increases to $400,000 per individual and $1.2 million per event. On July See III. Expenditures i, 2009, the cap increases to $SOO,000per individual. and $1.5 million per event. Given the delay in the increase of the cap, cities generally do not need to figure in this as a 2007 increase in insurance premiums. 14 League of Minnesota Cities -23- Budgeting basics Budgeting is the first and most essential ingredient of any efficient system of administration. This guide outlines basic budgeting concepts and processes that a city of any size may need to consider. However, cities with home rule charters, special laws, local ordinances or unique circumstances may have additional or special requirements and considerations. All cities are required to prepare an annual budget and submit a property tax see v. truth-rn-taxation. levy to the county auditor.. Some cities are required to provide notice of the proposed budget adoption, and. hold a public hearing on the proposed budget and property tax levy. ~A. Budget is a plan A city budget is a comprehensive financial plan for a specific period of time. It outlines city activities and service.levels, and contains estimates of probable costs and available revenues during the coming year. (For cities, the fiscal year See Ch. 22 of the League's is the calendar ear. A bud et can be re ared usin an number of bud etin I-iendtxiok for Minnesota Cities for y ) g p p g y g g adescription of budgeting techniques. Whatever the technique employed, the city will need to estimate teci,niques. future expenditures and revenues and make adjustments to balance the budget. see section iri. Expenditures. Cities must estimate their expected expenditures for the upcoming year. Cities should consider costs associated with certain established categories of expenditures. Common expenses across all categories of expenditures include equipment, supplies, materials, maintenance, repairs, training and fuel costs. Cities may need to give special consideration to certain types of common expenses, such as employment,. pension, and tax costs. see seotion iv. Revenues. Cities should also review their total revenue picture. As a general rule, if the state. does not specifically authorize cities to use a revenue source, the city ' cannot use that source. Generally, property taxes, state aid, license fees, and service charges comprise the largest sources of revenue for most Minnesota cities. The city should look at the past performance and future expectations of each revenue source, taking into account any recent trends or institutional changes. ~In order to balance the budget, total estimated revenues must be equal to or exceed total estimated expen itures. If total estimated expenditures are too high, the council will need to consider reducing expected costs (such as by eliminating programs or cutting services), increasing revenues where possible (such as by raising license fees and service charges), or both. If the total estimated revenues are higher than the total estimated costs, a city may be able to reduce the amount of the property tax levy. Guidelines for Preparing City Budgets 2007 ~s -24- Budgeting is critical for city finance and administration. Proper budgeting can assist the council in a number of respects. Budgeting is a means by which the council can obtain estimates of the expected revenues for the coming year and plan city spending. Because budget preparation involves necessary decisions about the use of money, it facilitates important decision-making and can be tied to achieving specific goals set by the council. Once the council has allocated available money amongst the various city services, the budget can help control expenditures. At the conclusion of the budget year, the budget document can help the council evaluate the level and quality of city services provided during the year. B. Capital planning When cities prepare their budgets for the upcoming festal year, councils must be aware of the long-range financial problems and demands facing the city. In addition to the annual budget, a city would be well served to prepare a long- term financial plan that includes a capital improvement program, along-term revenue program, and a capital budget. A capital improvement program and a capital budget are especially critical. Capital budgeting is a list of needed capital improvements (sewer and water infrastructure, public buildings, equipment or land purchases), their order of .priority, and the means of financing. The capital budget summarizes, for afive- or six-year period, the capital or money requirements for capital improvements or purchases. A capital budget allows a city to build up a fund balance for capital projects. Priorities in the capital budget program remain tentative and the. council should review them annually. A capital budget often provides many advantages, including: (1) reducing or stabilizing the property tax rate; (2) preventing peaks and valleys in a city's debt retirement program; (3) allowing the city to move gradually to apay-as-you-go program of capital expenditure financing; and (4) helping to preserve the city credit rating by preventing an over-extension of credit and maintaining a credit reserve for emergencies at all times. Although capital budgeting may appear cumbersome and unwieldy to a small city, this is actually not the case. A capital budget provides protection to the small city, helping it avoid commitments and debts that would limit its ability to later pay for needed capital improvements. C. City fund balances State lawmakers are increasingly interested in accurate statistics on local fund balances. Unfortunately, municipal fund balances are not comparable to the state fund balance. Cities' annual reports are likely to show high year-end balances because of the end-of--the-year influx of revenues from property taxes and state aid. These reserves, however, are needed to cover the operating expenses of a city for the first five to six months of the next calendar year, until cities again receive property tax revenues and state aid in June and July. 16 League of Minnesota Cities -25- see LMC c;ty fund baia<,oes ion. There is no single standard for determining an adequate fund balance. The League urges cities to use the>financial strategy of designating fund balances. Although all reserves {whether designated or undesignated) are reported to the state auditor, the practice of designating reserves accumulated for a large future purchase can help document the council's specific intentions for the use of these funds. At a minimum, cities should designate a working capital fund and designate adequate revenue for cash flow to cover operating expenses for the first half of the next fiscal year. D. Budget format Two aspects of the budget format need to be considered: (1) the actual forms used to prepare the budget; and (2) the classification or account titles for summarizing the: data. Samples of actual forms for estimating expenditures and See Appendices A and B for revenues to be used in preparing budgets are provided in the appendices of this sample fornis. document. Minnesota offioe of the scare The Office of the State Auditor (OSA) provides the Uniform Chart of Accounts Auditor Aecoundng Documents. to facilitate the preparation'of uniform annual financial statements. Every city should consult this chart when preparing the annual budget and maintaining financial records. The OSA recommends the adoption of the. uniform account numbering., system for all cities, including cities under 2,500 in population, whenever practical:-Rather than the numbering system, it is the chart's three- dimensional structure (utilizing fund, account; and object codes) that is important. The outline of accounts may also serve as a useful checklist when preparing city budgets. E. GASB 34 see section vL Alnan°~°t The Governmental Accounting Standards Board's (GASB) Statement No. 34 RePornng. established fnancial reporting standards for state and local governments throughout the United States. All cities that is"sue audited annual financial statements need to comply with some or all of the GASB 34 standards for financial reporting. GASB 34 is a financial reporting framework that measures the overall;<net £narACial condition of the city by;taking into account all long- term assets and liabilities. One of the major aspects of GASB 34 is that long- term assets should be reported at initial costs less depreciation. F. Budgeting process 1. Background The process of annual budget preparation. occurs within the framework of the state property tax system. Property taxes. are generally the primary revenue source for Minnesota cities: Each fall, cities submit their properly tax levies for the following year to the county auditor. Counties;are responsible for property tax administration; the Department of Revenue provides assistance ar-d oversight. Guidelines for Preparing City Budgets 2007 17 -26- see section rv, Revenues, Minnesota cities also participate in revenue sharing and property-tax-relief programs known as local government aid (LGA) and market value homestead credit (MVHC). LGA supplements property tax revenue; MVHC reimburses property tax revenue taken by a state homestead credit. see section v. Truth-rn-ra~oaon. Cities must prepare and adopt proposed budgets and proposed property tax levies. Cities over 500 population with more than nominal proposed property tax increases are required to provide notice of the proposed budget adoption and to hold public hearings on the proposed budget and property tax levy. The "truth-in-taxation" (TNT) process is described later in this memo. 2. Timeframe Cities generally prepare budgets in the summer. On or before Aug. 1, the tviina. star. § a;~.a:ora. Department of Revenue notifies cities of state aid amounts. On or before Sept. 1, the Department of Revenue notifies cities of the applicable levy limit, if any. n7inn. star. ~ ?~s.~a, sntad. ~. On or before Sept. 15, cities must adopt their proposed budget and certify their h1inn. star. $ ns.o~~, sutra. tea l. proposed levy to the county auditor. The TNT public comment hearings, if M;nn. star: g z~s.o~s, sand. a, required, must occur between Nov. 29 and Dec. 20. By Dec. 27, cities must certify their final property tax levies to the county auditor after official adoption R4inn. star. § ~~s.a~. of.the final levy and budget. / /Cities generally receive property tax. revenues and state aid at the end of the VVV year and again in June and July. The county treasurer distributes property tax to cities in two settlements, the first in June and the second in December. The state distributes LGA payments to cities in two equal installments on or around July n4;nn. star. ~ a~~n.ots. 20 and Dec. 26 each year. Cities receive half of their MVHC reimbursement on Minn. StaL $ 273.138x, s~.t~d. a. Oct. 31 and the remaining half on Dec. 26. 3. Budgeting challenges Beginning in 2003, many Minnesota cities faced difficult financial shortfalls. The 2003 Legislature substantially reduced state aid. payments to cities, while at the same time imposing severe levy limits on cities over 2,500 population.. Cities may need to continue considering a variety of strategies for meeting this ongoing challenge, including: • Reducing or even eliminating some services. • Increasing reliance on user fees and other non-aid, non-tax revenue. • Developing a transitional fiscal strategy, such as increased reliance on debt or use of reserves until the revenue base has stabilized. • Finding more efficient ways to operate the city. • Pursuing alternative service delivery methods, such as cooperative agreements with other governments, service contracts, use of volunteers, privatization, and consolidation. 18 League of Minnesota Cities _2~_ Each strategy has attractions, but also complications and pitfalls. The League's online supplement to the Guidelines for Preparing City Budgets may assist city officials in considering the options carefully, choosing those that make the most See LMC Xesourcc l.'iuide for DeatingH-;rt, r~ua~;~rcu~s: sense not only for short-term budget balancing, but also for achieving the long- strareglesforr~lres. term well-being of the community and the city government. The supplement, Resource Gurde for Dealing with Budget Cuts, is available on the LMC web site. Guidelines for Preparing City Budgets 2007 19 -ZH- 6 ~ Figure 7 City Expelnditures -1999 and 2004 Expenditure area 1999 Expenditures Percent of Total 2004 Expenditures Percent of Total Expenditure area. 2004 expend in millions Current Expenditures Current. Expenditures General Government 337,929,381 8.42% 415,976,046 8.71% General Government 415.98 Public Safety 734,374,187 18.30% 976,091,050 20.44% Public Safety 976.09 Streets/Highways. 292,086,078 7.28% 361,970,354 7.58% Streets/Highways 361.97 Sanitation 15,468,582 0.39% 23,351,309 0.49°lo Sanitation 23.35 Health 29,604,813 0.74% 23,663,222 0.50% Health 23.66 Libraries 59,633,971 1.49% 67,312,368 1.41% Libraries 67.31 Park/Recreation 241,008,443 6.00% 313,356,698 6.56% Park/Recreation 313.36 HRAlEcon Dev 190,973,139 4.76% 309,320,559 6.48% HRA/Econ Dev 309.32 Airports 6,884;048 0.17% 9,923,747 0.21 % Airports 9.92 Miscellaneous 72,125,648 1.80% 66,278,385 1.39% Miscellaneous 66.28 Interest 202,112,558 5.04% 248,203,004 5.20% Interest 248.20 Capital Expenditures Total Capital Outlay 1,353.21 Total Capital Outlay .1,343,308,234 33.47% 1,353,214,080 28.33% Principle Payments 607.77 Principle Payments 488,044,915 12.16% 607,774,004 12.72% Total 4,776.43 Total 4,013,553,997 100.00% 4,776,434,826 100.00% Debt Redemption -refunded bonds 124.99 Other Financing Uses Other financing uses 6.64 Debt Redemption - refunded bonds 56,899,809 124,992,085 Transfers to Enterprise funds 104.02 Other financing uses 13,473,394 6,642,319 Transfers to Governmental funds 697.31 Transfers to Ente rise funds- 63,258,864 104,018,025 Transfers to Governmental funds 676,046,874 697,314,048 ~ ,soo 1,400 ~ 1,200 1,000 C 600 ~ 600 R aoo 0 0 200 Figure 1a City Expenditures for 2004 3 c~°~ a'~e~ y{~~y ,mF v .A Gece`~\~ e,~\\ ~~ee~4~ 20 Qat~ ~~~ ~\~, ~Q. \ Q League of Minnesota Cities _29_ III. Expenditures See Appendix A for sample fomt for Cities must estimate their expected costs for the upcoming fiscal year and estimating expenditures. bUdg@t a000rdingly. A. Categories of expenditures Some categories of expenditures are common to most cities, although the types of expenses included in each category will vary from city to city. Following is a basic list of categories of expenditures. Many cities wil l have some activity in most of these categories. See Figures 1 ana ta. Figures 1 and la show the distribution of expenditures by all Minnesota cities in calendar year 1998 and 2004. Common expenses across all categories of expenditures include salaries and other employment costs; equipment, supplies, materials, maintenance, repairs, training, and fuel costs.. 1. General government Expenditures under this category include general costs for the administration and finance of city government, including costs associated with the city council. Cities should also budget for the costs of publishing ordinances and meeting notices, and the costs of holding general and special elections. Minn. Stat. y 206.57 When budgeting for election costs, cities should be again be aware of the federal Help America Vote Act of 2002 (HAVA). The 2004 Legislature made a number of changes to state elections law to conform to HAVA. Polling places must have assisted voting systems that are accessible for See the Secrctazy of States web site: individuals with disabilities. The systems must be certified by an HAVA Questions and Answers independent testing authority and conform to current standards for voting equipment issued by the federal Elections Assistance Commission (EAC). Federal funds, funneled through counties, are available for costs associated with accessible voting systems. Cities should consult with their county auditor to find out how the required county plan allocates the federal dollars to program, store, and maintain accessible voting equipment. Cities can then budget for 2007 elections, if any, and potential costs associated with HAVA. General government expenditures may include personnel costs, building maintenance, and capital purchases. Most cities budget such general government costs as a separate accounting category. Some, however, spread these costs across other city operations on the theory that the costs are overhead expenses. Guidelines for Preparing City Budgets 2007 Z1 -30- 2. Public safety Minn. stet. y 626sass. The basic costs of public safety include police protection, fire protection, Mims Stat. § 626.8462. ambulance service, emergency preparedness, and some protective inspections. Cities should be sure to budget for public safety training costs. 2005'Nlinn. Laws ch. 136, art. 1, section 10, amended by 2006 Minn. Training costs include statutorily required training such as police-pursuit Laws, Vii,. 2sz, art. l3 sec. lo. training and training requirements for part-time police officer licensure. The 2006 Legislature appropriated an additional $200,000 to reimburse local governments for peace officer training costs in fiscal year 2007. 3. Streets and highways Almost alt cities maintain streets and incur substantial associated expenditures. Programs include snow and ice removal, seal coating, street lighting, and street repairs. Sidewalk repair and replacement should also be considered. Due to changes made by the 2006 Legislature, any city with a population of Minn. Slat. ~ 162.18, sut,d. l ~,r„eri~E,t 5,000 or more can now issue larger obligations, or bonds, in anticipation of by 2006 Mim,. Laws ch. 254, art. 9, sec. 3 receiving municipal state-aid for streets. The 2006 Legislature increased the. Mi,t,a. slat. rJ,. ass allowable bond percentage limit from 50 percent to 90 percent of the last annual allotment of municipal state-aid fund. Also, the five-year maturity limit on these obligations is eliminated by this amendment. (Cities use these anticipation bonds to establish, locate, relocate, construct, reconstruct, and improve municipal state-aid streets within the city.) Of course, cities must comply with Minnesota Statutes Chapter 475 when issuing obligations. 4. Sanitation The cost of sanitation is another basic expenditure. Cities should consider the costs of sanitary sewers and treatment plants, refuse collection and disposal, recycling, street cleaning, weed eradication,. and. insect and pest control. /5. Health General health costs include hospital facilities, nuisance abatement, dilapidated building removal, and other health services. 6. Libraries Some cities have local public libraries. The cost of running a library includes acquisition and technology costs. Cities with bookmobiles should consider fuel and maintenance costs. Minn. star. ~ 13asa. Cities without their own libraries may be members of regional library systems, which generally require cities to provide at least the same contribution amount as the previous year. There is an exception when the tax capacity of the city decreases. Minn. star. ~ 134.34 For 2007, cities must contribute the full amount of the library maintenance of effort (MOE). The Department of Education certifies annually to participating cites the minimum contribution level required. 22 League of Minnesota Cities -31- 7. Parks and recreation Many cities have municipal parks and public recreation programs. Programs of this type include parks, playgrounds, community buildings, playing fields, athletic courts and ice rinks. State bleacher safety requirements should also h4in°. s`at' ~ t6B.~1~. be considered. 8. Debt service Cities with outstanding debt obligations, or bonds, must provide funds to cover the principal and interest. 9. Miscellaneous Cities may provide services in many other areas. Common programs include cemeteries, airports, parking facilities,. golf courses, liquor stores, environmental initiatives, and programs for senior citizens. Cities should consider how much money is needed to support these programs. User fees are frequently used to meet all, or a substantial portion, of the costs of these programs. B. Budget considerations As noted above,. common expenses across all categories of expenditures include salaries and other employment costs; equipment, supplies, materials, maintenance, repairs, training, and fuel costs. Cities may need to give certain types of common expenses special consideration when planning budgets. Salaries, benefits, pension obligations, fees, dues, insurance costs, and tax costs all influence the costs of city government across categories of expenditures. The following explanations of items in these expense areas provide guidelines for their budget implications. 1. Employment costs Cities must budget for the wages, benefits, and workers' compensation costs of both elected officials and city employees. For most cities, this includes budgeting for health insurance costs. Employers must also budget for retirement-related costs such as Social Security, Medicare, PERA, and relief association contributions. a. Wages and benefits The budget must consider the salaries and. benefits of the mayor, council members, city clerk, treasurer, assessors, auditors, attorneys, and other city officials, along with other city employees. Guidelines for Preparing City Budgets 2007 ' 23 -32- b. Adjustment factors To estimate the cost of these salaries, a good starting point is salaries from prior years. Cities can use the most recent full year for which they have actual salary data and adjust the amounts to anticipate changes in wages. Adjustment factors include: pay equity, market wage rates, and cost-of-living increases (such as the consumer price index), employment contracts, and merit increases. Pay equity plan Minn. scat. ~ 4~1.~9ai. In setting employee wages and salaries, cities must have implemented a pay equity plan that addresses any gender bias. An amount may have to be included in the budget to cover any salary increases necessary to implement or maintain compliance with the state's pay equity laws. Minr,: star. ~ 4~t.9v9 Beginning with 2005, the reporting cycle for pay equity compliance reports was extended from three to five years. (The 2003 Legislature gave cities a break from filing pay equity compliance reports for calendar years 2003 and 2004.) ii. Market wage rates Another adjustment factor is the market wage rate of other employees in both the private and public sector. To retain good employees, salaries should be . competitive. Information on can ent salaries is available from the League of Minnesota Cities, the Labor Standards Division of the Minnesota Department of Labor, and the U.S. Department of Labor. The League and the Association of Metropolitan Municipalities offer an online salary and benefits survey for current information on public sector market wage rates. Salary Xc BenefiLS Survey for MN Locat Governments. iii. Consumer price index seethe I3ttreau of Labor scadstios. A factor closely related to market wage rates is cost-of-living adjustments. One measure is the consumer price index (CPI), which is published by the Bureau of Labor Statistics, U.S. Department of Labor. The CPI is a measure of the average change over time in the prices paid by consumers for goods and services. The CPI is often used to provide cost-of-living wage adjustments to American workers. Other methods of adjusting salaries for inflation may also exist, depending upon the particular city, and these may also be used instead of the CPI. Cities commonly use either the national or the local CPI, but the national figure is more current. The CPI for the Minneapolis-St. Paul area is updated only twice a year for the reference months of January and July. Tne mosc ontrenc £gures are avaitabto The national CPI for May 2006 was 4.2 percent higher than one year before. from the CPI Hotline, ~6t2} ~zs-ssso. The annual Minneapolis-St. Paul area CPI for 2004 to 2005 increased by 2.8 percent. (As you can see, the Minneapolis-St. Paul data is not as current). Generally, employers consider the CPI in salary adjustments for inflation so that employee salary adjustments are in constant dollars. 24 League of Minnesota Cities -33- iv. Employment contracts Cities must also consider union or employment contracts. A city must fulfill contractual obligations, and will likely need to make some adjustment to 2007 salaries to allow for cost-of-living increases and to ensure the city remains competitive with the wages offered by other employers. v. Fair Labor Standards Act (ELBA) 29vs.c.A. ~§ 20~-219. The federal Fair Labor Standards Act (FLSA) defines the employer see tJS. DepartnientofLabor: requirements for minimum wage, overtime compensation and compensatory time, exempt and non-exempt status, child labor standards, and recordkeeping in relation to these requirements. See the LMC HR ~ Benefits Final It is a good practice for cities to review the FLSA and job classifications to l't.SAReJ,vtar;ons. see if this federal law will impact any city employees' pay or status. If you. have any questions about the FLSA, contact the League's HR & Benefits Department.. n4inn. star. §§ 177.21-s3. Minnesota also has a Fair Labor Standards Act. The purpose of this act is to See MN Department of Labor Bc establish minimum wage and overtime compensation standards, to safeguard tndnstp~. existing minimum wage and overtime compensation standards, and to sustain purchasing power and increase employment opportunities. In situationswhere both the federal and the state FLSA address an issue, the employer is required to follow the law that is of greatesf benefit to the employee. The state minimum wage applicable for 2007 is $6.15 per hour for most employees. (Although the federal minimum wage for most employees remains $5.15 per hour, an employer is generally required to follow the law that is of greatest benefit to the employee.) Minn, Stat. § 177.24, sued. 1. According to the state FLSA, cities must pay employees $6.15 per hour or more if the city's revenues are $625,000 or more and at least $5.25 per hour if the city's revenues are less than $625,000. There are a number of minimum wage exceptions to both the state and federal FLSA. Cities are encouraged to review both laws before deciding to compensate an employee at a rate that is less than state minimum wage The League's HR & Benefits Department publishes a number of fact sheets see LMe xlz mfom,at;on Memas. ~ on various aspects of FLSA, which are available on the LMC web site. The department also provides a comprehensive human resources guide for members, the online Muman Resources Reference Manual. The first chapters Sec LMC xR Reforence Manual. of the LMC HR Reference Manual address hiring and termination issues and are available on the LMC web site. vi. Bonuses A.G. Op. 107•a-3 (Jan. 22,19so~. The attorney general has determined that bonuses constitute a gift and are, therefore, not lawful city expenditures. Cities, however, can have merit- based pay systems. Guidelines for Preparing City Budgets 2007 25 -34- c. Deferred compensation Generally, an employee may elect to defer specified amounts from his or her salary under a deferred compensation plan. There is a tax savings for the employee because taxes are not payable until the money is withdrawn. Since most employees have a lower income during their retirement years, the earnings will be taxed at a lower rate. zb u.s.c.A. § as~~b~~zl. Federal law provides that a portion of an employee's wages may be paid in the form of deferred compensation. Under section 457 of the Internal Revenue Code, an employee may defer, on a annual basis, the lesser of: (1) A maximum of 100 percent of the employee's gross income after subtracting any Section 414(h) picked-up contributions (mandatory employee contributions to 401 qualified retirement plans made with pre-tax dollars); or (2): Year Amount 2005 $14,000 2006 $15,000 Beginning in 2007, the contribution. limit will be increased in $500 increments. At the time this publication went out, the IRS had not yet announced more specific increases. '~' Although the employee contributions to a deferred compensation plan reduce the individual's taxable income, the city will still need to budget for the employer's share of Social Security and Medicare to the same extent that these withholdings would be required on the employee's regular earnings. zoos Cong. us. ii.a. i~ltzs3o ioy~ For distributions made after Dec: 31, 2006, a retiring employee may roll Congress„ 2d Session tl. R. 2830 money from a deferred compensation plan (or a qualified retirement plan) to an individual Roth IRA if all of the IRS requirements are met. ~Miim. Stat. § 3sti.2a, snnci. i(s~. Under Minnesota law, public employers may contribute to the state of Minnesota deferred compensation plan in amounts provided in the employer's personnel policy or collective bargaining agreement. This contribution may not exceed $2,000 per year, per employee. The employee must match any amount contributed by the employer. Although employees may contribute to other deferred compensation plans, public employers may only contribute amounts to the state's plan for their employees. For example, if an employer contributes $2,000 toward deferred compensation for 2007, the employee's contribution must be at least $2,000, but cannot exceed $13,000 since the deferred compensation amount is generally capped at $15,000 for 2006. 26 League of Minnesota Cities -35- Minn. Stat: § 353.028. 2006 Miun. Laws eh. 271, nrt. 3, Sec. 4(1 amen[ligg Iviinn. 5tnt, § 35C>.24, subd. 1. See Rcm. Nmneral IILC.b.d Volunteer Firefighters and Social Security. Minn. Staff. ~ 465.72, subd. 1. Minn. Stat. §412,271. Minn: Stale § 471.426.. There is special authority for cities to offer deferred compensation to city managers or chief administrative officers. Within six months of beginning employment, the manager or chief administrative officer may elect to be excluded from PERA. The city may agree to contribute deferred compensation for these individuals. Such contributions must comply with federal tax laws. No city may make a contribution to a deferred compensation plan for volunteer or emergency on-call firefighters in lieu of withholding social security benefts, if applicable. d. Severance pay. Cities must also consider any expenditure for severance pay to city employees. Severance pay provided for an employee leaving employment may not exceed an amount equivalent to one year of pay. e. Vacation and' leave When budgeting, cities must be mindful of costs associated with employee time off, whether the time off is for holidays, vacation, sick leave, school- related leave, family leave, military leave or any of the other leave provisions that may apply to city employees. Additionally,- cities should budget for the cost of having temporary replacements for employees absent for significant time periods: f. Electronic fiime;keeping Effective Apri127, 2004, cities were allowed to use electronic time recording systems as long. as they adopt policies to ensure accurate and reliable timekeeping and payroll' methods. g. Mandatory direatdeposit The 2004 Legislature:authorized a municipal governing body to mandate direct deposit for all employees being-paid by its payroll system. h'. Health insurance costs In budgetiiigfor future health and dental.premiums, cities need to be aware of underlying trends in the: cost of health and dental care. Health and dental care costs continue to increase faster than the general rate of inflation. Health experts and actuaries project that the inflationary cost of healthcare will increase by about TO percent to 15 percent over the coming year, and dental costs will increase by about 5 percent to .8 percent. The other factor that will impact each city's health and dental rates is that of the group's own experience. Depending on how your city is pooled with other groups,-your claims experience may serve to increase health and dental premiums by evenmore than the projected inflationary trends. Guidelines for Preparing City Budgets 2007 27 -36- For planning .purposes cities may want to base their budgets on the underlying trend in medical costs: that is, assume health premiums will increase no less than 15 percent by July 1, 2007 Given the particularly volatile nature of health claims, it's probably a good idea for cities to build in signiftcant cushion to their budgets for this line item. Premium increases of 20 percent or more are still common in the market today, although increases seem to be stabilizing somewhat and some cities have reported lower than 10 percent increases in the past year or so. Budgeting fora 15 to 20 percent increase is probably a reasonable approach for all cities, regardless of your city's health insurance carrier. Cities should talk to their individual health and dental insurance carriers about what to expect for their next renewal. Of course, if a city caps its contribution to premiums at a specific dollar amount, the full effect of any premium increases will not necessarily hit the city's budget. There .has been a general disconnect in the healthcare market between "users" and "payers," in part because many cities still pay a significant amount towards the premiums for certain employee benefits (health insurance in particular). Cities may wish to review their benefit contribution levels, and consider some mechanism of cost sharing between the city and its employees. In addition, many cities have implemented benefit changes to their existing plan options and/or considered new options emerging in the market, such as consumer driven health plans, to lower premium costs. However, any changes to the city's benefit plan and/or to the city's contribution structure may be limited if the city has collective bargaining arrangements. Before changes could be made, the city would need to negotiate changes with the union(s). Retiree health insurance Minn. Stat. ~ 471.61, subd. 2a. Cities may contribute towards the premiums for group insurance coverage of retired employees. A city employee that retires-under a collective bargaining agreement (union contract) requiring a city contribution toward retiree insurance coverage may be entitled to that contribution indefinitely, even if M.nn. slat. ~ t~yn.2o, subd.2a. the benefit terms are changed or eliminated under subsequent union contracts. In some circumstances, the city may also be obligated by its own personnel policy to continue the city's contribution toward retiree health coverage. Cities that have collective bargaining agreements or a personnel policy that sets forth a city contribution toward retiree health coverage may want to consult with League HR & Benefits staff or an attorney familiar with public sector benefits issues about long-term obligations to retirees. Minn. Slat. § 411.61, subd. ?b (a), (b). Cities must allow certain former employees and the employee's covered dependents to continue indefinitely in the city's health and/or dental insurance plan(s) if the employee has met age and service requirements necessary to receive annuity benefits from a public pension plan. Furthermore, the employee and dependents must be pooled in the same group as active employees until the employee reaches age 65. In addition, cities still must make some benefit option available to retirees that are age 65 or older (i:e., the city cannot cut off benefits at age 65 for individuals that qualify for this indefinite coverage). 28 League of Minnesota Cities -37- Minn. Slat: ~ 356.24, subd. t(a)(s>(ii). A city may contribute up to $2,000 for an employee into the state of Minnesota deferred compensation plan if authorized by the city's personnel policy or collective bargaining agreement. The employee must contribute a Minn. Slat. $ 465.72, subd. is matching amount. This plan allows employees to build a nest egg from which to buy health insurance coverage during retirement. Compensation for accumulated sick leave or payments toward premiums for group insurance policies for former employees need not be counted toward the one-year pay limit on severance pay. Minn. Stat. § 471.61 t, subds. 1, 2. Local governments must identify separately in their budgets the amount they spend on health insurance benefit. payments for retirees during the contract or policy period. The payments must be recorded as expenditures for the fiscal year during which the payments are made. Benefits must be approved by a separate council action if payments are for employees (or former employees} who are not covered by a collective bargaining agreement. Employers providing employer-paid healthcare benefits must coordinate these benefits with Medicare. see t1,c Goveinn,ental. Accountins In 2004, the Governmental Accounting Standards Board (GASB) issued standards Boara. Statement No. 43: Financial Reporting for Post-employment Benefit Plans Su,nn,anes of GASB statements. Other Than Pension Plans, and Statement No. 45.: Accounting and Financial Reporting by Employers for Post Employment Benefit Plans Other Than Pension Plans, establishing uniform financial reporting standards to measure "NewGA5I3 Accounting Standards and report the long-term costs of other post-employment benefits (OPEB) 'or OPEB," Minneroui Cities (March 006 . p. 21). plans (e.g., retiree health benefits or life insurance), as well as the funding , status of these programs. Cities typically have funded retiree benefits on a pay-as-you-go basis, which has created unfunded liabilities that, up to this point, have not been reflected in the cities financial reports until after employees retire. Cities will now need to project the long-term costs of offering and paying for these benefits for. both current and future retirees. Virtually all Minnesota public-sector employers will have some OPEB liability, regardless of their size, whether they contribute towards retiree contributions or whether they currently have retirees on their health plan. This is because of a provision in Minnesota statute that requires cities (and other public-sector entities) to allow early retirees the option to stay on the active employee plan until they turn 65. In Minnesota, when an employee retires under age 65, the most the city can charge is the group premium rate for the active employee plan. This rate is typically less than the retiree's expected cost and creates an issue known as implicit rate subsidy, which is considered to be other post-employment benefits under GASB and must be quantified and reflected on the city's financial statements. These accounting standards will be phased-in based on the revenue of the employer. By Dec. 15, 2007, all cities must follow GASB No. 43, By Dec. 15, 2008, GASB No. 45 will. apply to all employers. Cities should take steps now to comply with these. complex new standards. Contact the League's HR & Benefits Department for more information. If a city does not comply with the new reporting standards, 'its bond rating and ability to raise capital in the market may be negatively impacted. A city may find that it needs to hire an actuary in order to project the future costs of offering and paying for retiree benefits. Cities should consider the additional cost for hiring. an actuary as they prepare their city budgets. Guidelines for Preparing Ciry Budgets 2007 29 -38- In addition, while the GASB rules don't actually require that the Iiability be funded, the new standards will likely create pressure for cities to do so because of the effect unfunded liabilities might have on the city's bond. rating. In preparing their budgets, cities will need to think about whether and how they're going to fund this liability, as well as the potential costs associated with negotiating different retiree benefits as part of the union contract so the city is not continuing to incur future liabilities for current employees. C. .Pension and retirement costs Cities should budget for the cost of making required employer payments to the pension and retirement plans of city employees. The various costs can include Social Security and Medicare, Public Employees Retirement Association (PERA), volunteer firefighter relief association, ambulance personnel retirement, and police and paid firefighter relief associations. Additional retirement system costs may also be considered, such as staff time to do paperwork, reporting, and training of responsible staff. 1. Public Employees Re#irement Association The Public Employees Retirement Association (PERA), a public pension system, covers almost all regular, non-seasonal city employees in Minnesota. Exceptions include most volunteer firefighters and election officers. . Employees must belong to the system; contributions from the city and from employees are mandatory. Cities, as employers, are entrusted with the responsibility of enrolling all employees who qualify for membership, and are legally required to remit contributions on apay period basis: PERA provides a variety of employer services, including a PERA Employer see r>:aA emrteyer M~n,etil. Manual and an Employer Response Line. The PERA Employer Manual contains comprehensive information about PERA and its policies and plans, and is available on the PERA web site. The Employer Response Line can be reached by calling toll free (888). 892-7372 or (651) 296-3636. a. Eligibility for participation Minn. Stat. $ 353.01, s~aa. gin. Whether an employee is included in a PERA defined benefit plan depends on see F~Exa. Employer Ma,~uai. whether the employee meets the statutory definition of an included or an excluded employee. Generally, most local government employees are required to participate unless they are specifically excluded: For further information on employee eligibility, see part five of the PERA Employer Manual. PERA administers defined benefit plans and defined contribution plans.. 3D League of Minnesota Cities -39- b. defined. benefif plans Deftned benefit retirement plans are known as such because members' benefits are computed using a formula and are not based on the amount the member contributed to the plan: PBRA has four types of defined benefit plans: Basic, Coordinated, Correctional, and Police and Fire. The Basic Plan closed to new members, in 1968 when Social Security coverage became sec rERA Empi°yer Manual. available for most city employees. Generally, all new city employees, other than fire and police officers, participate in the Coordinated Plan. For descriptions of the plans, see part three of the PERA Employer Manual. c. Defined contribution plans A defined contribution plan (DCP) involves contributing into a retirement account, which the employee will receive in lump sum upon application. Defined contribution plans include plans for elected officials and plans for see eEr~ En,pioyer Manual. volunteer ambulance personnel. For a description of defined contribution plans,. see part. four of-the PERA Employer Manual d. Employer contribution rates Employers are required to withhold employer and employee contributions, at rates established by statute. Employer contribution under the basic and coordinated plans includes both a match to the employee contribution and an see PERA Employer Manaal, additional employer contribution. For further information on contribution rates.. and reporting, see. part seven of the PER.A Employer Manual. The following summarizes employer and employee contribution rates: ;, ,. Plan Employer's Employee's Contribution Contribution Basic plan 11 78%'"' 9.10% i/, coordinated Plan 5..53% 5.10% - ~Folice &~.~ire Plan 9.30% 6.20% Correcf-onal Plan ` 8.75% 5.83% DCP-Elected Officials 5 00% 5.00% DCP-Physicians 5.00% 5.00% DCP-Ambulance Set by :employer Set by employer e. Pension contribution-increases- continue The 2005 Legislature passed abate-bones pension bill that included employee/employer. contribution increases to the. PERA Coordinated Plan .and the PE]tA Police and Fire Plan. This incremental contribution increase continues in effect for 2007. Guidelines for Preparing City Budgets 2007 31 -40- Aaron. srai. g 3s3 ~~. Under the Coordinated Plan increase, both employee and employers share a phased-in contribution rate increase. The employee contribution rate increases by 0.25 percent of salary between January 2007 and January 2008. Mm°. Stat. 5 353.65' Employer contribution rates increase by .75 percent of salary between January 2007 and January 2010. Contribution rates for the Police and F ire Plan will also increase incrementally beginning in 2006. The following tables summarize the 2007 contribution increases in these two plans: Coordinated Plan Rates Date of Increase Emplovee Rate E~lo er Rate Total Rate Jan. 1, 2007 5.75% 6.25% 12.00% Jan. 1, 2008 6.00% 6.50% 12.5:0% Jan. 1, 2009 6.00% 6.75% 12..75% Jan. 1, 2010 6.00% 7.00% 13.00% Police and Fire Plan Rates Date of Increase Emplovee Rate Employer Rate Total Rate Jan. 1, 2007 7.80% 11.70% 19.50% Jan. 1, 2008 8.60% 12.90% 21.50% Jan. 1, 2009 9.40% 14.10% 23.50% 2. Volunteer firefighters' relief associations See LMC research memo 220e.3, If there is a volunteer firefighter relief association, the city clerk will need to Organizaliott and Operation ojihe Ret;ej,4ssociatintt, be familiar with the laws regarding these types of pensions. Each firefighter relief association must have a board. Three trustees on that board mustbe city officials from the city served by the fire department and directly connected to the relief association. These officers have a fiduciary responsibility to the members of the retirement plan. The city may also have a financial responsibility to support the plan, so it is important for the city to be aware of the amount it may need to budget for this obligation. N[inn. SI<tl. o aza~.oz, $~bd. 3. .Officers of all volunteer firefighters' relief associations that are subsidiary to A1imt. Stat. ~ 69.77?, snbd. a. a city fire department must certify the association's financial requirements for the coming year to their. city councils. This must be done each year by Aug. 1. These financial requirements include the current or normal costs and amortization of any pension fund deficit. These amounts. are determined differently depending upon whether the association pays alump-sum service pension or a monthly benefit service pension. Cities should note the minimum and maximum amounts that can be paid to retired volunteers are being increased over the next several years. These increases are discussed in further detail later in this section. 32 League of Minnesota Cities -41- Minn. Star. $ 69.774, snua.a. Relief associations that are subsidiary to independent, nonprofit fire departments must pay the financial obligations of the special retirement fund and the cost of any actuarial survey from the proceeds of their firefighting contracts. A city would have no direct f nancial obligation to support the retirement systems of an independent fire department. The amount of the obligation for the independent fire department, however, will likely affect. the price of the city's fire protection contract with the independent department. Minn. star. 8 azaA.or. Every volunteer firefighter is eligible for membership in a relief association. Persons serving in fire prevention positions are now able to participate if approved by the city or independent fire department. The association may - not eligible to participate not approve an application from a person who is under state law. ldinn. Star. § 424A.02. Most relief associations provide for retirement after 20 years of active service with the fire department, 10 years of membership with the relief association, and 55 years of age. Members may be entitled to partial vesting in five years. Special laws permit full vesting after five years for some plans. Minn. Stat. ~ 424A,02, snia. 2. A relief association may pay a reduced service pension to a retiring member who. has completed fewer than 20 years of service. The reduced service pension may be paid when the retiring member meets minimum age and service requirements. The non-forfeitable percentages of the pension amounts starts at 40 percent with five years of oompleted service and Minn. Slat: § 424A.02, suua. z gradually increases to 1;00. percent with 20 years of completed service; except that for a relief association that pays a defined. contribution service pension, the non-forfeitable percentage reaches 100 percent with 10 years of completed service. League of Minnesota Cities Additional. information on volunteer firefighters' relief associations is Office of the State Auditor available from the League of Minnesota Cities, the Office of the State Auditor, or the Legislative Commission on Pensions and Retirement. Legislative Commission on Pensions c~ Refirement, - a. '~ Lump-sum benefit plans' Minn. Stat. § 69.772, snug. 3. Relief associations that provide for the payment of lump sum pensions should include the following in the certification of financial requirements: • The. overall funding balance of the special fund for the current calendar year. • The financial requirements of the.specal fund. • The minimum obligation of the municipality:. n4inti. star. ~ 69.772. The statutes specify how this data should be calculated. Contact the League or the ivlinnesota.Deparfinent of Revenue for further information. Minn. Slat. § 69.772, snug. z. Relief association officers should determine the dollar amount of accrued liability for each member. The accrued liability is based on the number of years'of active service for each member (can•ied to the nearest.full year). To determine the accrued liability, use the statutory chart provided in Minn. Slat. §-69.7?2 subd: 2 Guidelines for Preparing City Budgets 2007 33 -42- The accrued liability for each member is calculated by multiplying the accrued liability from the statutory chart by the ratio of the lump sum service pension amount currently provided for in the bylaws of the relief association to a service pension of $100 per year of service. For example, if the association pays $50 per year of active service, the liability would be one- halfthe amount in the table; if the association pays $200, the dollar amount of liability is double the amount in the table. The dollar amounts for lump sum service pensions effective Dec. 31, 2003, are laid out in a table is Minn. Stat. § 424A.02, subd. 3(d) as follows: Minn. Stat. $ a24A.02, s°i,a. 3~d1. Minimum Average Amount of Maximum Lump Sum Service Pension Available Financing per Amount Payable for Each Year of i. Firefighter Service $3,831 $7,100 $3,885 $7,200 $3,939 $7,300 $3,993 $7,400 $4,047 $7,500 Mim,. Slat. § a24A.02, subd. 8(bl as A relief association that has a pension plan qualified under federal tax code, nmended by 20oG Minn. Lays ck,. 271, art. 13, seo .3. and that provides a service pension, may transfer an eligible member's lump sum pension (or the death, funeral, or survivor benefit attributable to the zei ti.s.c:A. § aos, member) to that person's IRA at the written request of the retiring member. If the active member dies, the transfer can be done at the written request of the deceased member's surviving spouse as long as the transfer complies with federal tax laws. Minn. st<~t. ~ 4zaA.oz, subd. to. If the relief association bylaws are amended, the relief association must file a copy of the revised bylaws with the state auditor. Failure to do so means a loss of state aid. b. State supplemental benefits Minn. sloe. ~ az4A.lo, snbd. z. A state supplemental benefit is available to volunteer firefighters who receive lump sum benefits. The supplemental benefit is 10 percent of the recipient's lump sum distribution, but is limited to $1,000. The relief association pays for the benefit. The commissioner of Revenue reimburses the relief association by March 15 of each year for the total amount of supplemental benefits paid during the previous calendar year. zooti Min,,. Laws ch. z; ~, arr. ~ 3, sec. 5 amend,'ng Minn. slat. § 424A.10, If a relief association bylaws or articles of incorporation allow it, the subd. 1 and 2. association ma a a su lemental survivor benefit in addition to the lump y P y PP sum survivor benefit. The supplemental survivor benefit may go to the legally married spouse of a deceased volunteer firefighter, or, if none, to the surviving minor child or minor children. The supplemental survivor benefit. is limited to 20% of the regular survivor benefit or funeral benefit, but must not exceed $2,000. n4inn. Stat. $ 424A.10, s°bd. 4. Cities receive a form (Form SBR) each November that must be filled out by For further information, call the the relief association. The form must be submitted to the Department of Department of Revenue Property Tax Revenue each .year by Feb. 15 in order to receive reimbursement. The division ar ~6st~ z96-stal, supplemental benefit is in lieu of the income tax exclusion for lump-sum distributions. 34 League of Minnesota Cities -43- c. Monthly benefit plans' Minn. Stat. § 69.773, subd. z. Relief associations that provide monthly benefit pensions must determine the financial. requirements of the special fund based on the most. recent actuarial valuation: The relief association should include a copy of the actuarial survey with the certification of financial requirements, An actuarial survey is -required every four years, or whenever. the benefits schedule in the bylaws change,. Minn. Stat. § 424A.02, subd. 3. tvlinn. Stnt. § 424A.02, subd. 3(c), Minn. Staff. § 69.772, subd. 6. As with the lump-sum plans, the statutory amounts for monthly service pensions have. expanded over the last several years. The dollar amounts for monthly benefit service pensions are laid out in a table in Minn. Stat. § 424A.02, subd. 3(c) as follows: Minimum Average Amount of Maximum Service Pension Amount Available Financing per Payable per Month for Each Year i. Firefighter of Service $4,212 $52.00 $4,374 $54.00 $4;455 $55:0.0.. $4,536 $5:6.00 d. Bylaw changes and benefit increases Bylaw ofianges can have. a significant impact on the relief association's retirement benefits. In most cases, the city council must approve these changes before they can take effect. The council should consider such changes only if they are needed to attract volunteers. The council should have the city clerk or other qualifed fnancial expert review the financial implications before ratifying the changes. Failure to properly calculate the special fund :requirements could cause the special fund to run short. This could result in personal liability for the officers of the relief association or require the city to substantially increase its tax levy for the relief association, or both. In some cases, relief associations may increase benefits without council approval. Relief association articles of incorporation or bylaws that affect benefits may be amended without council ratification if both the following requirements have been met: Guidelines for Preparing City Budgets 2007 The assets of the relief association exceed its liabilities by at least 10 percent as .shown on the association's last annual report. The city is not required to contribute more than 2 percent aid due to the changes in benefits that vril] cause the relief association to exceed the expected amountof future state aid. 35 -44- ivhnn. star. 9 v9.n2, subd. a. If the relief association special fund is derived in substantial part from non- tax revenues, the city might be wise to let the association increase the benefit amount without council ratification. If the non-tax revenues decrease in the future, the benefit level would drop back to the last ratified amount. This will ensure the proposed increase will not commit the city to a program it cannot reasonably afford. Minn. Stet. § 349.12, subd. zs(b)~6>• An example of the above situation is the impact from the 1993 law that Minn. stet. ~ 4~1.6tst, prohibits using contributions of lawful gambling money for the benefit of a retirement fund. Many cities that had allowed contributions of this sort to help fund their relief association retirement plans found they had to budget extra money to maintain ratified benefit levels. A4inn. scat. 0 424A.tl2, subd. 3 Cities should make sure a benefit increase does not exceed statutory limits Minn. stet. fi aa4>!,.oz, snbd. 3a, that exist for volunteer firefighter benefits, The maximum and minimum amounts have increased over the last few years. Payment of benefits in excess of statutory limits can result in loss of fire state aid. 3. Ambulance personnel retirement There are several retirement benefit possibilities for ambulance service personnel. They include the following: tvLinn. S43t. §§ 144E.40..48. • Ambulance longevity award There is a special trust fund that provides Contact the Department of Health at lump sum benefits to ambulance service personnel upon the completion ~6sll zts-sso3 forfurtnerinformation. of their ambulance service careers. This longevity award in administered by the Department of Health. A4inn. Slat. § 353.86. • PERA Defined Benefit Plans. PERA generally prohibits volunteer contact rsxa, at ~6s l~ z96-~a6o or ambulance personnel from participating in the Basic, Coordinated, and soo-6s2.9o26 for farther information.. Police and Fire retirement plans. However, ambulance personnel who are eligible to participate in one of these PERA plans because of other employment may elect to participate in that same fund with respect to compensation received for providing volunteer ambulance service. Minn. Slat. § 3531).08. • PERA Defined Contribution Plan. PERA includes a defined contribution retirement plan for personnel of publicly operated and publicly subsidized ambulance services. PERA is accepting local plan applications for review. see Deferred Compensacion discussion above. , beferred compensation. Deferred compensation would appazently be an available option in the same way that it is for other public employees. But this option may not be meaningful if ambulance volunteers are paid nominal amounts for their services. • Special legislation. Cities can seek special legislation for other ambulance service retirement possibilities. 4. Police and paid firefighter relief associations Mi»". stay. , fiy.~~. Some cities have local relief associations or retirement funds with members who are employed by paid or partially paid departments. These cities must budget for their financial responsibilities to these pension plans. 36 League of Minnesota Cities -45- n4inn. s,ar. § 69.77, sand. s. Officers of these relief associations must certify the financial requirements and minimum obligation of the association for the following year between Aug. 1 and Sept. I, The certification must include an amount sufficient to retire the unfunded accrued liabilities of the association by the date specified in the law that applies to the association. The officers of these associations have a fiduciary responsibility to the members of these plans. Ltinn. Stat. & 69.77, sand. 7. If a city does not include the full amount of the minimum obligation in its hli,tn. Stat. § 69.77, 5und. a. levy for any year, the officers of the association must certify that amount to the county auditor who will spread the levy in the amount of the obligation. Money paid by the city in excess of the minimum required will be applied to reduce the association's unfunded liabilities. Mimi. Stet. § 69.77, sand. to. These relief associations must also obtain an actuarial survey as of Dec. 31 Minn. Stat. § 356.215, Saba. a, of every year. Actuarial valuations must be made in accordance with state statute. Minn. sett. § 69.72 The state auditor and the commissioner of the Department of Revenue determine if a city or relief association has complied with all the relevant provisions of the laws. Failure to comply with the applicable laws will result in loss of state aid. 5. Fiduciary responsibility and other reporting see Minn. stat. en, ss6A. Persons involved with pension funds have a fiduciary responsibility to the members of the pension plan. These persons include pension fund administrators, board members, and investment advisors, among others. Because of this responsibility, there are strict statutory directions as to what these individuals can and cannot do. For instance, the law prohibits personal profits from investments; requires filing statements of economic interest, limits types of investments for small funds; prohibits some types of transactions; applies the open meeting law to board meetings, including the boards of volunteer firefighters' relief associations; requires continuing education for fiduciaries; and sets other requirements. There are also some restrictions as to who may not serve as a fiduciary.' Minn. Stxt, § 424A.U5, sttna. 3(a)(6>. The state auditor holds an annual workshop for Minnesota public pension fund officers. Relief associations can budget money from the special fund to send the clerk or other officer to this workshop. This workshop offers an opportunity to meet most fiduciary education requirements. Minn. Stat. § s.ss. The Legislative Commission on Pensions & Retirement may request and Minn. Sta,. ~ 69.osi. .receive any data on police or fire relief associations. The state auditor has authority to audit relief associations annually, but may contract with. a certified public accountant for the audit. I+4inn. Stnt.. § 424A..05, sand. 3(n>(6). Relief association funds may be used to pay for audits. This is an authorized Mimt. stat. ~ 69so, special fund expense. The cost of an audit may also be paid from the association's general fund if allowed by the bylaws. Minn. Stat. § 424A.0G, Saba. 3. Guidelines for Preparing City Budgets 2007 37 -46- The state auditor must file a financial compliance report with the commissioner of Finance and with each relief association. The state auditor must also notify the Legislative Commission on Pensions & Retirement if the audit reveals malfeasance, misfeasance or nonfeasance in office, or if the relief association has not filed its annual report each year by March 15. 2006 mlinn.l,aws ch. 272, art.. 6, Sec. i The state auditor must make any public information on fire relief pension and 2 uni~nding tvtinn. Slat. g3Sb.219, gilding snbd. 9 and io accounts available to individuals or organizations that request it. The state auditor may charge fees to cover the cost of providing the requested data in usable formats. Also, the state auditor must now provide a detailed analysis of each pension fund, including one and fire-year rates of return for each pension fund and the benchmark rates of return for each fund. (A benchmark in this context is a standard measure of investment performance used to compare rates of return.) Minn. Slat. ~ (19.051, sttnd$. i, ta. The boards of all salaried relief associations and all volunteer firefighters' relief associations with assets of liabilities of at least $200,000 must prepare an annual statement of financial affairs that must be certified by an independent public accountant or the city's auditor. These statements must be filed in the relief association's office and be submitted to the city council and the state auditor. Minn. Slat. § 69.051, Saba. 2. The treasurer of the volunteer firefighters' relief association must be bonded in an amount equal to at least 10 percent of the assets of the association. The amount of the bond need not exceed $500,000. The relief association board determines the amount. The city council determines the amount for paid firefighter and police relief associations. Minn. Slat. 5 :156.219, snbds. 1, 3. Any public pension fund not fully invested through the state board of investment, including a firefighters' relief association, must report certain detailed investment information to the state auditor. The reports must include investment policy changes and the effective date of each policy change. The 2006 Minn. Laws ch. 271, art. 8, seo. a state auditor requires additional reports from pension fund investment and S crnuatdinl; Minn. Stal. §356.219, sutxl. 3 and 6. portfolios that are earning well below market rates of return after four years. Minn. Slat. § 356.219; sated. 3~d1. If the public pension plan has a total market value of less than $10 million, the-report must include the amount and date of each portfolio injection and withdrawal, as well as the market value of the total portfolio at the beginning of the calendar year and for each quarter. Mion. Slat. § 356.219, subd. 3(h), ~~>. If the public pension plan. has a total market value of $10 million. or more, the report must include the market value of the total portfolio and the market value of each investment account, investment portfolio or asset class- . included in the pension fund as of the beginning of the calendar year and for each month, as well as the amount and date of each injection and withdrawal to the total portfolio and to each investment account, investment portfolio or asset class. The report must also include a calculation of the total time- weighted rate of return available from index-matching investments assuming. the asset class performance targets and target asset mix indicated in the written statement of investment policy: 38 League of Minnesota Cities -47- 6. Social Security and Medicare See 1RS Circulaz E, Eruployers' •rax Currently, the Social Security withholding rate for 2006 is 6.2 percent of an Guide (nts Pubsoation ls)' employee's wages on all earnings up to $94,200. The employer must contribute a matching amount. The Medicare withholding rate for 2006 is 1.45 percent on all earnings without limit. Again, the employer must contribute a matching. amount. There are three different possibilities of withholdings of Social Security and :Medicare. An employee will have one of the following possible withholding situations: + Both Social Security and Medicare are withheld. • Neither Social Security nor Medicare is withheld. • .Only the Medicare portion is withheld. (NOTE: In no case would any employee have only the Social Security portion withheld.) The following chart summarizes required withholdings: Twe of Plan Social Security Medicare No qualified plan Yes Yes Coordinated Plan Yes Yes Basic Plan Hired on or before 3/31/86 No Yes Hired on or before 3/31/86 and elected Medicare participation No Yes in 10/89 referendum Hired after 3/31/86 No Yes Police & Fire Plan Hired on or before 3/31/86 No No Hired after 3/31/86 No Yes Election officials Paidless than $1,300 per year No No Paid $1,300 or more per year Yes Yes a. Medicare and Social Security withholdings 26 v.s.c.A. § 3i21(n)(~)(~). Determining the category for each employee is no easy task. Generally, a az us.c.A. ~ ai o (a)(7)(r). public employee who is not participating in a qualified retirement system through his or her employment is subject to both the Social Security and the Medicare withholdings. Guidelines for Preparing City Budgets 2007 39 -48- The retirement plans offered through PERA have been deemed "qualified" retirement systems.. Thus, employees who are not participating in PERA (such as some elected officials and part-time, seasonal or temporary employees) might fit into the category of those having both Social Security and Medicare withheld. It is important to remember that employees who are members of the PERA. Coordinated Plan will also have Social Security and Medicare withheld, even though they are participating in a qualified plan. This is because participation in Social Security and Medicare is included as part of this particular retirement system. b. Exempt from withholdings zz< u.s.c.A. § slzi (b)(7)(F)(iv). There are very few exceptions to the above general requirement. The one that 4z u.s.c.A. § alo (a)(7)(F)(iv). is most applicable to cities is the exemption from both Social Security and Medicare withholdings for election workers who are paid less than the See IR5 Circular E, Employers' Tax threshold amount of $1.,300 in 2006. This amount is annuall ad usted. At the Guide (Ills Publication 15). 3' ~ time of publication, the threshold for 2007 had not been established. (A note of clarification: Election worker pay is not subject to federal or state taxes but if an election worker is paid more than $1,300 in 2006, the city must withhold Social Security and Medicare for that individual.) There are also a few individuals participating in qualified plans whose earnings may be exempt from withholdings, depending upon their date of hire. This possibility is described in more detail in the next paragraph. c. Medicare withholdings Employees who are participating in a qualified plan are exempt from the Social Security withholdings, but some of these employees may still be subject to the Medicare withholding, depending upon the employee's date of hire. If the employee was hired after March 31, 1986, Medicare must be withheld. If the employee was hired on or before March 31, 1986, and is participating in a qualified retirement plan, the employee's earnings are exempt from this withholding, unless the employee chose to have Medicare withholding during an election option that was given in October 1989. Employees who might fit into the category of having only the Medicare portion withheld would include PERA Basic Plan members and PERA Police and Fire members hired after the above-date. Also included would be any Basic Plan members hired on or_before March 31, 1986, who opted for Medicare participation in the October 1989 referendum. If you are unsure of a Basic Plan member's status with regard to the 1989 referendum option, contact PERA. Although no new members have been eligible to join the PERA Basic Plan since 1968, members who were participating were allowed to continue. In such a situation, the Basic member who has left employment with one city for a job with a different city would be seen as a new hire and Medicare withholdings would be required. Under certain conditions, this type of employee would be allowed to continue his or her participation in the PERA Basic Plan. 40 League of Minnesota Cities -49- d. Volunteer firefighters and Social Security Cities have many questions about the applicability ofSocial Security and Medicare withholdings to volunteer firefighters. There are essentially two issues surrounding this matter. One must. first determine whether a volunteer firefighter is an employee. If so, one must then determine if the volunteer firefighters' relief association plan would be a qualified retirement plan under the IRS criteria: First, is a volunteer firefighter an employee? If the volunteer is compensated only as a reimbursement for actual expenses incurred, prior IRS rulings suggest the volunteer would not be viewed as an employee and withholding would not be required. If the compensation is a result of anything that is not justifiable. reimbursement (i.e., supported by receipts for the expense), the compensation may constitute a wage. In other words, the IRS could see the individual as a paid employee rather than a true volunteer, and withholdings would. likely be required. While some IRS rulings indicate earnings of a nominal amount would not constitute a wage,, there is no clear definition of a "nominal amount." Cities 'may want to err on the side of caution and make withholdings on any earnings close to minimum wage. ze crx § si s~z~rox7~-~zxdl(21. The second issue is whether a volunteer firefighters' relief association plan would meet the standards necessary for it to be deemed a "qualified" plan under IIZS regulations. It does not appear that these plans are sufficient. to meet the standards becausethey fail'to meet the 100 percent non-forfeitable benefit requirement necessary for part-time, seasonal, and temporary employees, This equirenent means thatthe plan must allow the retirement withholdings to fie returned to the employee if the employee has not yet vested 100 percent. Relief association retirement plans do not allow this type of refund and do not fully vest until a firefighter has participated for many. years. Although-there is, an, exception to withho]dings for employees hired temporarily to handle disaster emergencies, this would not appear to exempt volunteer firefighters from Social Security and Medicare withholdings. The ongoing and continuous relationship volunteer firefighters have with their cities in providing firefighting services. probably precludes a "temporary" relationship. Fire departments and relief association plans can differ substantially from city to city in Minnesota. Because of these differences, a city will have to look closely at its particular situation to determine whether or not its volunteer firefighters would be exempt from withholdings. Cities that believe they have special circumstances may want to request a revenue ruling or a private letter ruling from the IRS'. (There may be a Fee for such rulings.) Guidelines for Preparing City Budgets 2007 41 -50- e. W-2 reporting of Social Security and Medicare z~ vs.c.A. § sa~~ira~. Generally, all city employees, including elected officials and firefighters, should receive a W-2 form after the end of each year. The W-Z is a statement of the employee's earnings and withholdings for the year. City employees should not receive IRS Form 1099, which should be given only to individuals who have an independent contractor relationship with the city. See [RS Circulaz.C, Employers' Tax According to IRS Circular E, an IRS Form W-2 is not required for election Gniae Arts R,hucadon Isl. workers who are paid less than $600 in a year. As noted above, federal withholdings are not required for election workers who are paid less than $1,300 in 2006. f. .Government pension offset Social Security Protection Act of 2064, The Social Security Protection Act of 2004 contained a provision that Pnb. L. ivo. ios-2o3. eliminates the "last day covered employment exemption" to the government pension offset (GPO). The GPO provision reduces the amount of a spouse's or surviving spouse's benefit bytwo-thirds of the amount of that person's government pension if the government employed the person and the employment was not covered by Social Security. Previously, an individual was exempt from the GPO if his or her last day of government employment was in a job covered by both Social Security and the government pension system. The new law requires that the last 60 months of a person's government employment before retirement be covered by Social Security and the pension system in order to avoid reduction under the GPO. Sncial se~~r;ry Adtni~,istration . For more information, visit the Social Security Administration web site (click the "Federal, State & Local Government Employees" link on the right side of the home page). D. Fees, dues, and insurance costs Cities should budget for fees, dues, and insurance costs.- 1. State fees Cities should budget for state fees that might affect city expenditures, such as permit fees and audit fees. a. State fee increases The 2003 Legislature enacted a number of significant fee increases that may continue to impact cities. The bulk of the fee increases impact criminal justice and health and human services. The state continues to look towards fees as a possible source of revenue. Fee increases that might impact cities include: • Criminal justice. agencies will pay the Department of Pubiic Safety a fee for providing secure dial-up access to criminal justice data. 42 League of Minnesota Cities -51- • A 7 percent increase in 911 telephone bills will finance the debt service on revenue bonds for early phases of the build-out of the statewide public safety radio communications system. • Stormwater permit fees are set at $400 for construction and industrial permits and no charge for MS4 (municipal separate storm sewer) permits.. • Groundwater use permit fees are increased significantly to provide resources to avoid additional reductions in the Department of Natural Resources, Waters Division. Minn. Stat. Chapter 6 • At the time of this publication, it is not known what increase in audit fees the state auditor's office. will charge, if any, to local units of government in 2007. The Audit Practices Division has a statutory obligation to charge enough in fees to cover its costs. Audit fee increases must be approved by the Department of Finance. b. MPCA"wastewater treatment fees contact the MPCA at (6s1) z96-zz~a Cities should consider the cost of Minnesota Pollution Control Agency or 1-Boo-6a6-6za7 for further (MpCA) waterquality permit fees. Such fees may apply to city wastewater information. treatment facilities. Fees for permits regulating surface water discharge are Minn. R. ~ooz.ozio-.o3ta. found underlvlinn. R. 7002.0210 to 7002.0310. Z. Contracting costs Cites should budget for costs associated with municipal contracting. a, Competitive bidding threshold Minn. srat. g apt sas The competitive bidding threshold for all cities;, regardless of size, is $50,000: b. Web publication Minn. scat. ~ 33r,a:o3. Local governments can use their web sites or recognized industry trade journals to disseminate solicitations of bids or requests for information/proposals. Six months~after designating such a dissemination method, a city may use the method as an alternative to (rather than in addition to) statutory newspaper publication requirements. c. Contracting flexibility Minn. Stat. $ 471.345, snbd. is. The 2004 Legislature authorized cities to purchase supplies, materials, and equipment using an electronic.;purchasing process in which vendors compete to provide the supplies, materials or equipment at the lowest selling price in an open and interactive environment: The legislation also clarifies that cities may accept bids, quotes, and. proposals electronically and use electronic bidding to sell surplus supplies, materials, and equipment. Guidelines for Preparing City Budgets 2007 43 -52- 3. Association dues Cities should include membership dues paid to organizations in their budgets. a. League of Minnesota Cities League dues are computed using the city's latest population estimate and the Board-recommended dues schedule (population estimates are provided either by the state demographer or the Metropolitan Council). The Board will not set the dues schedule for dues payable Sept. 1, 2007, until late summer 2007; therefore, cities must budget for dues based on assumed dues and population changes. Many factors influence the Board's decision when setting dues, including cities' financial situations, inflation, strategic plan initiatives, non- dues revenue sources, etc. To estimate dues payable Sept. 1, 2007, cities should complete the following three steps: • Estimate their city's population through 2006. • Use this estimated population with the maximum 2006 schedule (printed below) to compute dues payable Sept. 1, 2006; and then • Increase the amount computed in the previous step by an assumed dues increase ranging from 2 percent to 5 percent on Sept. 1, 2007(the average dues increase over the previous 10 years is 2.8 percent) If you need assistance estimating population or dues, call the League's finance director at (651) 215-4021 or 1-800-925-1122. To fund existing services and new strategic initiatives, the Board is proposing a maximum dues increase of 3.5 percent for dues payable Sept. 1, 2006 that is reflected in the below schedule. i. Maximum dues payable Sept. 1, 2006 Contact the League's linance director Population Amount with questions about LMC dues. 249 or less 250-4,999 5,000-9,999 10,000-19,999 20,000-49,999 50,000-299,999 300,000 and over $300 $105 plus 79.42 cents per capita $829 plus 64.92 cents per capita $1,796 plus 55.24 cents per capita $6,133 plus 33.54 cents per capita $18,153 plus 9.51 cents per capita $30,573 plus 5.37 cents per capita 44 League of Minnesota Cities -53- In addition to basic membership services, the League offers some services that are not covered by dues. If a city plans to use these services, it should include them in its budget. Such services include: conferences, ordinance codification, personnel training, and certain publications. 4. Insurance expendifiures Most cities are members of the League of Minnesota Cities Insurance Trust (LMCIT) for property, liability, auto, and workers' compensation coverage. If your city purchases insurance from a private company, you should ask your provider about insurance coverage options In budgeting for premiums, it's very important to keep in mind that besides looking at the rates, you also need to take into account any changes in your exposures (i,e., payrolls, city expenditures, property values, etc.) and any changes in your city's experience rating, since those factors will also affect the city's premium costs. See LMCIT memo, c~;ry B»agcr coca' The following is LMCIT's best estimate for what might be seen in premium u»dr 19Cf%'Preiniuni.c rates for 2007. These are very preliminary projections and are absolutely not guarantees. LMCIT needs to conduct actuarial reviews and rate development work and get a firm indication of what reinsurance costs will be before giving any definite answers on premium rates for 2007. The final results could look very different. Cities may wish to check back with LMCIT in the fall for an updated outlook on premiums. a. Liability In general, liability loss costs seem to be holding relatively stable. LMCTT hopes to be able to keep liability rates flat or to a modest increase. For budgeting purposes, a reasonable approach might be to assume a liability rate increase in the 2 percent to 4 percent range. b. Property Reinsurance costs are a much more important factor in property than. in liability. Property reinsurers recently have been. increasing their rates, largely in response to the enormous hurricane losses in 2005, and we expect that trend to continue or even accelerate. LMCIT suggests cities be cautious and budget fora 7 percent to I 0 percent rate increase. c. Auto Auto liability and physical damage loss patterns have been stable. LMCIT expects a flat to moderate rate increase and suggests cities budget fora 4. percent to S percent rate increase. Guidelines for Preparing City Budgets 2007 as -54- d. Workers' compensation Medical costs have been increasing sharply for several years and that trend is continuing. Medical costs are now the single biggest component of work comp loss costs, so this ongoing trend will continue to put pressure on work comp premium rates as has been the case for several years. LMCIT will know more by late summer when it completes the actuarial review, but right now it looks like cities should be prepared for another work comp rate increase that could be in the 7 percent to 10 percent range: There's one more factor to consider this year. In addition to looking at the overall rate levels, for 2007 LMCIT will also be revising the relative levels of rates for the individual payroll classes. Rates for some classes will likely increase while others decrease. This means individual cities will be affected differently, depending on the city's individual payroll distribution. If an individual city happens to have more than an average amount of payroll in a classthat's increasing, any overall rate increase will affect that city more than the average. In light of this possibility, cities may want to be even a bit more conservative in budgeting for 2007 work comp premiums. E. Tax costs Cities should budget for costs associated with. federal and state taxes. 1. Federal taxes a. Federal excise tax zb c.r.R. § as.azzl-5. Many products are subject to federal excise taxes. (Excise tax means an internal 26 U.S.C.A.~~'~ a071(a); tax imposed on production or use of goods in a country.) However, cities may ti41G(U)(a)(ii) 26 U.S.C..4. §§ a2S1 be eligible for refunds or be able to purchase some of these goods tax-free. For repealed, in relevarrt part, by ' example, cities are exempt from having to pay federal excise tax on the elephone Lxcise Tax Repeal Act 9 of 201)5. H.R. 1895,1x9°~ Cong. 1 "` purchase of tires. Local governments were previously exempt from the 3 Secs. (zoos). percent federal tax on long distance communications, but this federal excise tax was repealed in 2006. Phone companies will stop collecting the tax as of July 31, 2006. See IRS Publication 510, Lxcise Further Information on tax-free purchases is available from manufacturers' Ta"~'~' representatives or from the IRS. A special IRS publication discusses excise taxes. b. Federal fuel taxes z~ t1.s.c.A.. § Fal~(b)(2>cc). Cities are exempt from the federal excise taxes on gasoline and most diesel fuel 26 U.S.C.A. y ~l031(a)(2) un~erak<d purchased for the exclusive use of thecity. The federal excise tax on gasoline is by Affordable Gas Price Act, x.R. currently 18.3 cents per gallon. The federal excise tax on diesel fuel and. anna, > o9tb tong. (zooo>. kerosene is currently 24.3 cents per gallon. The 2006 Congress amended federal tax law, suspending the federal fuel tax if the cost of retail gasoline exceeds the benchmark retail price of $3. However, this is not likely to affect cities, already broadly exempt from the federal fuel tax. a6 League of Minnesota Cities -55- see txs Pnbucation slo, Exoise Different tax rates exist for some special fuels such as ethanol and aviation Taxes. fuels. Contact the IRS for further information about these rates. Dyed diesel fuel and dyed kerosene sold for nontaxable uses is not subject to federal excise tax, but is subject to state excise taxes. Exempt gasoline purchases See IRS Publication 378, Fuel Tax There are two ways a city can use the federal tax exemption for gasoline Credits and Refunds. llrchaseS; the ci can: 1 urchase the asoline without a m the tax b P n' ()p g p Y~ g Y filing a certificate with the. vendor; or (2) apply for a refund using IRS Form 8849. See Appendix F, Forms 1 ana 2. First, a city can purchase the gasoline without paying the tax by filing a "Certificate of Ultimate Purchaser" with the vendor. The form certifies that the gasoline is for the exclusive use of the city. If the city buys its fuel directly from a wholesaler, it should file the form with the wholesaler. If the city buys its fuel from a retailer, it should. file the form with the retailer. The retailer must then provide a "Certificate of Ultimate Vendor" to their supplier. 26 us.c.~+. ~ bazl. The second way for a city to use the tax exemption i to pay the tax at the time ze us.c.A. ~ vaz7p). of purchase and apply for a refund on IRS Form 8849 at alater date. Generally, this approach is used by cities unable to locate a vendor that will sell gasoline without charging tax. Applications for refunds may be made at the end of the year, but may be made quarterly if the gasoline taxes during the quarter are $750 or more. ii. Exempt diesel fuel purchases There are also two ways a city can purchase diesel fuel without paying federal excise tax; the city can: (I) purchase dyed diesel fuel; or (2) purchase undyed diesel fuel tax-free from a registered ultimate vendor. z~ U.s.c.A. § 4os2(a). First, cities may purchase dyed diesel fuel without paying federal excise tax. Dyed fuel is dyed red to mark it as fuel sold for nontaxable uses. Cities that buy dyed diesel fuel should be certain that a notice stating "Dyed Diesel Fuel, Nontaxable Use Only, Penalty For Taxable Use" appears on all papers. and receipts concerning their purchase ofthe dyed diesel fuel. See IRS Publication 378, Fnel Tax Alternatively, cities may purchase undyed diesel fuel from a registered ultimate Creaits and Refanaa• vendor at atax-excluded price. Only a registered ultimate vendor may apply for a credit or refund of the federal excise tax on diesel fuels. As such, most cities See Appendix F, Form 3. will not be able to apply for these refunds and should look for diesel fuel vendors that sell dyed diesel fuel or are registered ultimate vendors authorized to sell undyed fuel without the tax. A registered ultimate vendor will require the city to submit an exemption certificate as documentation that the sale was for a nontaxable use. Contact the IRS Tex Exempt Further information about the tax-free purchase of gasoline and diesel fuels is Governmems ana Entities (TE/GE> Operating Division office of available from the Lea ue the IRS and the Government Finance Officers g > > Federal, State and Local Association, Federal Liaison Center (which supplied the sample forms found in Governments at 877-829-5500. AppendlX F). Contact GFOA at (202) 429-2750, Guidelines for Preparing City Budgets 2007 47 -56- c. Liquor occupational tax zei us.c.A. § stz3~nt~3~. The federal special occupational tax is currently $250 per year. Every dealer of distilled spirits, wine or beer, .including municipal liquor stores, must pay this special tax and obtain a tax stamp. A city that owns and operates municipal liquor stores does not need to pay more than one special tax, regardless of the number of city-owned stores. 2. State taxes a. Sales and use tax Ivlirut. 5taz. ~ 279A.70. With few exceptions, cities pay the same 6.5 percent sales tax on most see MN Keve,iae sates Tax Fact purchases of goods and services that is paid by individuals and businesses. The Sheet 142, sates ro Govermm~tts. sales tax exemption for food, clothing, and medicine extends to cities. b. Use tax see MN Kevenue sates Tax Faor Vendors generally collect sales tax at the time of sale; however, if the vendor Sheet ]46, taseTax enr t3us;oesaes. does not charge sales tax on taxable items, cities must pay use tax. Use tax is similar to sales tax. Use tax applies to items bought without paying Minnesota sales tax to the seller. For example, items purchased through mail order or over the Internet may be subject to use tax or another tax. n-rian. star. g zy7a._ao: When purchases are made in other states, cities should check with that state as to whether the purchase is subject to that state's sales tax. If the purchase were subject to the sates tax of another state, the city would be exempt from paying the Minnesota use tax only to the extent that the sales tax rate in the other state is equal to or greater than the rate in Minnesota. A city that pays a lower sales tax rate in another state will need to pay the difference between the other state's sales tax rate and the Minnesota rate as use tax. i. Exemptions Minn. Stat. 3 297A.70, sttbd. z. public schools, public libraries, public hospitals, and public nursing homes. are exempt from sales and use tax. Minn. slat. ~ 297A.7U, suhd. 2, 3. Some SpeC1f1C, limited exemptions to sales and use tax apply to certain items. Some of the more common city purchases not subject to sales and use tax include: bulletproof vests; repair and replacement parts for emergency rescue See MN Kevenue Sales Tax Fact vehicles includin fire trucks and ambulances but not oliee ears• certain solid Sheet 13.5, Fire Fighting ? g p ' syaipment. waste disposal machinery and equipment; and certain firefighter personal protective equipment. Capital equipment Minn. srar. § 2S)7A.68. The purchase or lease of capital equipment is exempt from sales tax and eligible See MN Kevenue Sales Tax Facl for refund claims. "Capital equipment" means machinery and equipment used sheet to3, capital Equipment. primarily from manufacturing, mining or refining tangible personal property to be sold ultimately at retail. Few city purchases will fit this exemption, but certain purchases made by city water or electrical utilities may qualify. For refund eligibility, check with the Department of Revenue. 48 League of Minnesota Cities -57- Motor vehicle sales tax Minn. Star. § 2478.02. The state motor vehicle sales tax of 6.5 percent applies to all city purchases of Minn. Stut. § iG8.012, snhd. t(h). vehicles except specific emergency vehicles that are not required to be registered, In general, fire vehicles, ambulances, and police patrols are not Minn. Scat. ¢ 297B.U3 (s). taxable since their registration is not required. Bookmobiles or library delivery See MN Revenue Sales Tax: Fact vehicles are also exempt. Sheet 125, Molor Vehicles. Payments on vehicles leased by cities are treated as individual transactions subject to the general Minnesota state sales tax rather than to the motor vehicle sales tax. Lease payments on motor vehicles leased by cities are exempt from Mann. Stet. g 297A,70, sabd. general sales tax if the vehicle is exempt from registration. Vehicles acquired 3(a)(7). using a lease agreement that includes a buyout option may be considered a sale subject to the motor vehicles sales tax. 3. State fuel tax Minn. Stat. § 296A.07, subd. s. Cities are generally subject to state gasoline and special fuel petroleum taxes. Minn. Star. ~ 29(A.08, tined. ?. The state gasoline tax is 20 cents per gallon. Ethanol blends of gasoline are taxed at lower rates. (An ambulance service, licensed under state law, and some public transit systems or transit providers are exempt from the state gasoline tax.) Other special fuels such as diesel and kerosene fuels are also subject to state petroleum tax. Minn, star. ~ 24t;A.os, suhd. t (~>. Although dyed diesel fuel is not subject to federal excise tax, it is generally subject to state tax. (Dyed fuel is dyed red to mark it as fuel sold for uses not subject to federal fuel tax.) Undyed diesel fuel is likewise subject to state tax even though cities may be eligible for a federal refund of the federal tax charged on undyed diesel fuel. .Minn. star. § z46~.t~: Cities may be eligible for a refund of state petroleum taxes paid for fuel used for see MN Revenue sates Tax Fact off-highway business purposes. The refund does not apply to fuel used in sheet u~, Peaotenn, Proaacts. licensed motor vehicles, Nor does it apply to fuel used in motorboats, all-terrain vehicles, and most snowmobiles. See MN Revenue Petroleum Fact To claim a refund of state petroleum tax paid for fuel used for off-highway sheet 300. business purposes, a city must submit detailed supporting information to the see MN Revenae Form PDR-1. Department of Revenue using Form PDR-1. Minnesota general sales tax must be paid on any refunded gallons. baimt. star. ~ ie8.ot2, snbd. t(b}. Diesel fuel used by some city fire vehicles, ambulances, and police patrols for Minn. Stat. § 24GA.U1, subd. z9. which registration is not required is exempt from the state special fuel tax and from the general sales tax. For more information about diesel fuel refunds, Minn. star. ~ z9hA.o8. contact the Petroleum Tax Division of the Department of Revenue, at (651) Minn. Star. § 297A.68, subd. 19(6). 296-0889. 4. State deed tax Minn, star.; zx7,zt. Cities are subject to the state deed tax for conveyance of land by deed. The tax must be paid before the county will record a property transfer. The tax is $1.65 if the price of the property is $500 or less. If the price is more than $500, the tax rate is .005 of the net consideration. Guidelines for Preparing. City Budgets 2007 49 -58- 5. Solid waste management tax Minn. stat. 04 z9~x.oz•.o3. Waste management service providers are responsible for collecting and remitting the solid waste management tax of 9.75 percent. for residential generators and 17 percent for commercial generators. Cities are responsible for See A4N Revenue Special Tnxes the tax if they: (1) provide solid waste management services; (2) directly bill on Fact Slteet I, Solid Waste ManagementTaz. a property tax statement for private waste management services; or (3) subsidize the cost of waste management services through the sale of bags, stickers or other indicia. 50 League of Minnesota Cities -59- Guidelines for Preparing City Budgets 2007 -60- 51 ~. Figure 2 City Revenues -1999 and 2004 Revenue Source 1999 Revenues Percent of Total. 2004 Revenues .Percent of Total Revenue Source 2004 Rev. in millions Property Taxes 801,604,920 23.65% 1,163,880,706 29.07% Property Taxes 1,164 Tax Increments 267,109,725 7.88% 248,110,337 6.20% Tax Increments 248 Other Taxes 163,191,989 4.81 % 203,823,842 5.09% Other Taxes 204 State Grants 863,276,516 25.47% 848,133,132 21.18% State Grants 848 Special Assessments 237,484,663 7.01 °10 286,890,417 7.16% Special Assessments 287 Charges for Service 279,795,068 8.25% 406,842,459 10.16% Charges for Service 407 Interest Earnings 129,649,860 3.82% 89,771,533 2.24% Interest Earnings 90 Federal Grants 155,138,09 4.58% 185,882,619 4.64% Federal Grants 186 Licenses and Permits 116,075,469 3.42% 165,408,805 4.13% Licenses and Permits 165 County and Local Grants 53,532,382 1.58% 100,393,504 .2.51% County and Local Grants 100 Fines and Forfeits 33,608,095 0.99% 41,848,613 1.05% Fines and Forfeits 42 Other Revenues 289,572,300 8.54% 263,238,536 6.57% Other Revenues 263 Total 3,390,039,078 100.00% 4,004,224,03 100.00% Revenues from Borrowin 992 Other Financing Sources Other Financing Sources 37 Revenues from Borrowin 810,554,640 991,732,735 Transfers from Ente rise Funds 154 Other Financing Sources 11,666,038 36,608,977 Transfers from Govemmental Funds 697 Transfers from Enter rise Funds 116,062,209 154,375,201 Transfers from Governmental Funds 676,046,874 697,314,048 1400 c 1200 0 __ 1000 ~ 800 c 'y 600 L ~ 400 p 200 0 Figure 2a City Revenues for 2004 1,164 l 186 165 ey ~ o ey ~y ° ry oei Oy cry by cwy ewy Jes ' ,~a~' Le ,~a~' Gra ~~ ec ~~ G~x e~6 mo G~ o~ ~~ G`e er ~e c s yS ` ~ I \ a~ ~ ae ~e Qe \c O~r yy~ 5~ a yo ey~ ~ ~c e` ac ~` Q`o ~~~ . \P a Qe cAm wer c a~ ey ~y `r o 0 ° \ ~' ra ~ G cy a ~~ ~ ~ Q2 cr vrG ~ ~ cA 52 League of Minnesota Cities -61- IV. Revenues Cities in Minnesota receive revenue from a variety of sources. Property taxes, general and categorical state aid, and fees comprise the largest sources of revenue for most Minnesota cities. Minnesota law greatly restricts the available types of local revenue sources. For example, unlike some other states, local governments in Minnesota may not impose an income tax. Also, without specific legislative authority, cities may not impose a local sales tax, and those that have been granted are usually for specially designated purposes. As a general rule, if the state does not specifically authorize cities to use a revenue source (such as special authority for local sales taxes), the city cannot use that source. see Figures i ana za• Figures 2 and 2a show distribution of revenue sources for all Minnesota cities in the calendar year 1999 and 2004. A. Tax revenue Tax revenue includes current property taxes; delinquent property taxes; apportionments from tax forfeit sales; franchise and public utility taxes; and city sales, gambling, and lodging taxes: B. Property taxes Minn. lint. § z73.i3. The property tax is the primary revenue source for most Minnesota cities. The property tax applies to all taxable property within the jurisdiction's boundaries. 1. Class rate Depending on use, properties have different class rates that determine the properties' relative share of the property tax burden as well as a property's tax capacity. For taxes payable in 2004, the following table summarizes several of the major classes of property: Property classification Class rate First $500,000 of residential homestead and single-unit residential 1.0 percent Amount over $500,000 1.25 percent First $150,000 of commercial/industrial 1.5 percent Amount over $150,000 2.0 percent Two or more units of rental residential 1.25 percent Guidelines for Preparing City Budgets 2007 53 -62- 2. Tax capacity Tax capacity is the measure ofproperty tax base value. Each taxable parcel has an individual tax capacity. The tax capacity of a property is determined by multiplying its class rate by the property's assessed market value. For exarnple, the tax capacity of a $150,000 owner-occupied home would be: $150,000 x 1 percent = $1,500. Each jurisdiction has a total tax capacity that is the sum of the tax capacities of all the parcels in the jurisdiction. This total property tax base, based on the sum of tax capacities; is used to compute the local. property tax. The total tax base figure must be reduced by 10 percent of the powerline value in the community, the captured tax increment value, and the fiscal disparities contribution value, if any, to arrive at the tax base for computing the local tax rate. 1l C. Setting the property tax levy Each year, cities certify a property tax levy for the following year in dollars, not at a specific rate. To compute the city tax rate, the city's certified levy is divided by the city's total tax capacity.. The property tax levy should be set at a level to raise adequate revenue for the operating budget when combined with other expected revenues. The final level of expected revenue should be sufficient to result in a proiected vear-ems balance to cover possible emergencies or contingencies. Minn. scar. § z~s.~2. Cities with populations greater than 2,500 and those receiving taconite aid must file an annual report with the commissioner of Revenue. The report will require separate information on levies for debts, libraries, and general levies. The annual deadline to submit the report is by Dec. 30. It the report is not filed by Jan. 30, a 5 percent LGA penalty will be imposed. 1. Levy limits The 2006 Legislature djd not re-imnnse levy limi s during the 2006 regular Minn. star. ~ ?~s.n. session. Therefore, cities are not subject to state-imposed. levy limits as they budget and levy for 2007. a. Speciallevies When levy limits are in effect, the Legislature exempts some levies from the Minn. Star. ~ 2~s.~o, subd. s. overall levy limit. These exempt levies are called "special levies" and they include: • .Debt levies for principal and interest on all. bonded indebtedness or for most certificates of indebtedness. • Voter-approved levies assessed against market value. • Armory construction levies. 54 League of Minnesota Cilia -63- • Levies for matching requirements for state and federal grants, to the extent that the matching requirements exceed the previous year matching requirements. • Levies for certain expenses related to natural disasters. • Levies to pay abatements under Minn. Stat, § 469.1815. • Levies to pay increases in the employer contribution rate to the PERA coordinated plan that are effective after June 30, 2001. • Levies to pay for operation of a lake improvement district. • Levies to repay a state or federal loan used to fund required spending for a state or federal transportation project or other state or federal capital project. • Levies to fund a required contribution for a police fire relief association, to the extent that the lery exceeds the amount levied in 2001. Minn. Stat. 4 275.74, sand. ~. Because levy limits are not in effect for 2007, the Department of Revenue will not require cities to file a form to claim special levies. However, as noted above, cities with a population greater than 2,500 and those cities receiving taconite aid Mann. st~~tt. § 27s.h2. must file an annual report to the Department of Revenue. The annual report includes the amounts levied for each of the various special levy purposes. b. Home rule charter levy limits Generally, home rule charter cities with levy limits will have to observe the stricter of either astate-imposed levy limit or the local charter limit. Any charter levy limits would generally apply,. despite the absence of astate-imposed levy limit. It remains the responsibility of city officials to enforce home rule charter levy limits. 2. Election to exceed levy limits ivfinn. star. ~ 27s ~s. If lery limits were in effect, a city could exceed its levy limit by an amount approved by the majority of voters on the question at a general or special election. A levy override so authorized by the voters must be levied against net tax capacity unless the levy required voter approval under another general or special law or any charter provision. 3. Referendum levy elections for certain debt A11 city levies for which voter approval is required, except levies approved by voters to exceed levy limits, must be applied on the basis of referendum market value rather than tax capacity. A common example of this type of levy is debt service levies for the repayment of general obligation bonds. Guidelines for Preparing City Budgets 2007 55 -64- Several types of general obligation bonds, however, are excepted from Minn. Scat. ~}' 4?5.58 as amended referendum requirements. For example, cities are able to issue bonds for some try 2000 Minn. Laws ch. 259, art, street reconstruction projects without regard to the traditional election to, Sec.. t t. requirements. Also, cities have authority to issue bonds without an election for Minn. stat. ~ azs.s2t. some tax increment bonds and certain capital improvements used as a city hall, public safety or public works facility. Levies applied on the basis of referendum market value fall more heavily on homestead property than levies applied on the basis of tax capacity. This is because agricultural and seasonal recreational residential property is exempt from the referendum market value definition, so the burden of a referendum levy falls exclusively on remaining classes of property, including homestead, apartment, and commercial industrial property. Cities must specifically advertise this referendum market value requirement as part of the referendum levy notice. 4. Property tax delinquencies Sometimes property tax payers do not pay their property taxes, which will reduce the city's property tax receipts for that year. When the delinquent property taxes are eventually collected, .penalties and interest will be applied. Minn. scat. g zz~.tst. Half the interest on tax delinquencies outstanding for more than one year is split between the city and county in proportion to their tax levy, with the other half going to the schools. All penalties on tax delinquencies are equally divided between counties and schools only. 5. Property tax relief programs The state provides direct property tax relief to property taxpayers in certain situations. These programs do not provide the city with any additional revenue, but they are based on the overall level of taxation in each community. Knowledge of these programs maybe useful for the budgeting and truth-in- taxation process. a. Targeting Minn. Stat. p 29t7A.04, subd. z. Homeowners whose property taxes have increased by more than 12 percent and by more than $100 are eligible for astate-paid reimbursement, or special refund, of the tax increase. The homeowner's property tax shall be automatically reduced by a special refund equal to 60 percent of the amount of the increase over the greater of 12 percent of the prior year's property taxes payable or $100. In addition, owners of non-commercial cabin property whose property taxes have increased by more than 10 percent and by more than $100 are eligible for a credit equal to 75 percent of the first $300 of the increase. b. Homeowners' refund Minn. Star. $ 290A.04, sand. z. Homeowners who pay property taxes in excess of a percentage of their income are eligible for astate-paid credit. The maximum credit is currently $1,500. The credit declines as income rises and is phased-out for incomes over $77,520. Eligible homeowners must complete and submit Form M-1PR to the state. 56 League of Minnesota Cities -65- c. Renters' circuit breaker Minn. Siar. ~ 290AA4, snbd.2a. Renters who pay properly taxes. (through their rent) in excess of a percentage of their income are eligible for astate-paid credit. The credit declines as income rises and is phased-out for incomes over $41,820. Eligible renters must complete and submit Form M-1PR to the state. 6. Local sales tax Sec MN Reveituc Sales 7'ax Fact A growing number of cities have received specific legislative authority to Sheet 164, i.ocal Sales and Use T~~. impose a local sales tax for purchases made in or received within the city. For a list of local sales taxes, and a history and description of local taxes, see Minnesota Revenue Sales Tax Fact Sheet 164.Only Duluth has a sales tax for general use. Afl other local city sales taxes are dedicated for specific purposes and projects within the city. Minn. Slnr. ~ 297A99, snbd. z. In order to impose a local sales tax, a city must obtain special legislation -and approval from local voters at the ballot box. City. councils wanting special legislation for local sales tax must also pass a resolution before requesting legislative approval of such a tax. The resolution must include information on the proposed tax rate and how the tax revenue will be used, the total revenues to be raised before the tax expires, and the estimated length of time the tax will be in effect. Minn. Stat. ~ 297A.99, snbas. s-~. Minnesota iaw provides for uniformity in the collection and administration of local sales taxes. The local rates apply to all taxable sales; complementary use tax applies with all local sales taxes; and all state exemptions from state sales tax also apply to local salestaxes. Cities cannot collect local sales tax from another political subdivision. Minn. Stet. ~ 297A.99, saba. 9. The collection and administration of local sales tax is performed by the ivtinn. Stay. ~ 297A.99, subd. l 1. Department of Revenue. The department remits the collected local sales tax to the city on a quarterly basis. The remittance is reduced by the amount it costs Report on Minnesota's Local Sales the de artment to collect and administer the tax. and Use Taxes. p D. Local lodging taxes Minn. srar. ~ a69.190. A city may pass an ordinance to impose up to a 3 percent tax on the gross receipts of lodging at a hotel, motel, rooming house, tourist court, resort or city campground. The law requires that 95 percent of the gross proceeds from the tax be used to fund a local convention or tourism bureau for the purpose of marketing and promoting the city. Separate rules govern lodging taxes adopted before 1972. E. Gambling tax and fund Minn. Stnt. ~ 349.213, anba. 3. Cities may impose up to a 3 percent local gambling tax on licensed gambling organizations in order to cover the cost of regulating lawful gambling. A city may not use these tax revenues for any other purpose. Guidelines for Preparing City Budgets 2007 s7 -66- Minn. Stal. ~ 349.2]3, snnti. tia~. Cities may also require organizations conducting lawful gambling to contribute 0 percent of their net profits derived from lawful gambling to a city- administered fund to be disbursed for lawful purposes. Such funds cannot be used for the benefit of a pension or retirement fund. see LMC «sr:von ,ne,,,o zss.7, For further discussion of lawful gambling expenditures and regulation, see c~„~>;,r c;~mn~,„~, LMC research memo 255.7, Lawful Gambling. F. General state aid Cities in Minnesota receive a variety of shared revenues from the state. Each of these programs has a separate policy goal, and, taken in combination, the programs and their impact on city finances can be confusing. The following sections describe these programs and their interaction with the city budget- setting process. 1. Local government aid Local government aid (LGA) is intended to reduce disparities between cities in both revenue needs and taxable wealth by equalizing cities' ability to provide average-level services at reasonable property tax rates. a. Background LGA was originally established in 1971 as a per capita revenue sharing/property '-' tax relief program that initially replaced the exempt property reimbursement program and the sales tax per capita aids. In 1973, the LGA program was expanded as cities lost other miscellaneous revenues. Since the LGA program was created, the formula has been amended or changed frequently, In 1993, the Legislature enacted a new formula based on relative city "need" and tax base. That formula distributed aid for amounts above a grandfathered base of the LGA received in 1993. The old program would have distributed about $608 million to cities in 2004. b. New LGA program Minn. Slat. §§ 477A.O11, A13 • The 2003 Legislature enacted a new LGA program that distributes $437 million per year. The new program eliminates the 1993 grandfather aid base, although it maintains about $26 million in aid base for 42 cities that. reflect increases in their total base since 1993. The new program does not provide for an automatic inflationary increase. btinn, star. Q a77:a.oti. The new program includes a new formula for cites over 2,500 population and an update of the existing formula for small cities. The new formula for cities over 2,500 population uses a number of statistical variables to measure each city's expenditure need. The new need formula variables include: (1) pre-1940 housing percentage; (2) population decline over the past 10 years; (3) accidents per capita; (4) average household size; (5) metro or non-metro; and (6) adjusted net tax capacity. Small cities of 2,500 population or less remain subject to the old need formula variables, which are: (1) pre-1940 housing percentage; (2) population decline 1990-2000; (3) commercial/industrial market value percentage; and (4) population. 58 League of Minnesota Citiea -67- For all cities, revenue need is compared to ability to pay or revenue-.raising capacity. Taconite aid is phased in to the ability-to-pay calculation. Cities that have revenue needs that exceed their local ability to pay receive a share of the LGA distribution. c. Transition to new formula distribution Although the new formula is used to compute the initial aid for 2004 and beyond, the 2003 Legislature enacted several transition mechanisms to buffer the impact of the transition to the new formula for individual cities. Minn. Stat. ~ 477A.Ot3, Saba. 9. For 2005 and beyond, cities with populations over 2,500 may not receive aid reduction under the new formula from one year to the next greater than 10 percent of the previous year's levy. This provides up to a five-year phase-in of the new formula amounts for larger cities that receive greatly reduced aid amounts under the new formula. Cities with populations less than 2,500 may not receive aid reduction more than 5 percent of their 2003 certified aid amount. Also, the change in total aid for any city shall not be greater than the previous year's levy by more than 10 percent.. And, even if a city has a charter provision or ordinance that says otherwise, the Legislature gives a city whose certified aid goes down from the previous year's level the authority to lery for that decrease and make up the difference from one year to the next. d. Taconite aid phase-in Minn. Star. ~ 477.A.013, Cuba. s. For taconite cities, the new aid formula phases in the taconite aid distribution to each recipient city's "capacity" measure. The effect of the inclusion of taconite aids is to reduce the LGA distribution to these cities-in some cases dramatically. 'The taconite aids are phased in 25 percent increments over four years beginning with the 2005 aid distribution. The phase-ins for small cities and large cities described above would further mitigate the inclusion of the taconite aid phase-in. For example, the full effect of the taconite phase-in might not occur for some smaller cities for as long as 20 years. The 2006 tax bill establishes a special fund and creates cone-time 2007 2006 Minor. Laws ch. 259, art. 12, distribution of 38.4 cents per ton of the taconite production tax that would s°a.13 amendtngMinn. siat. 9 otherwise be distributed into the property tax relief account. The property tax 29g 296 t. relief account currently has sufficient resources to cover the ongoing taconite homestead credit without this one-time distribution. Revenue in the special. fund is allocated to a variety of infrastructure projects in the taconite tax relief area. 2. LGA Payments Minn. star. § a77A.o1 s. LGA payments are made to local units of government in two equal installments on or around July 20 and Dec. 26 each year. A city may request that all or part of its Dec. 26 payment be made at anytime after Aug. 15 if the distribution is necessary to meet the city's cash flow needs. These requests should be directed to the commissioner of Revenue. Guidelines for Preparing City Budgets 2007 59 -68- a. Notification and certification Minn. stat. ?; a77n:u1a. The commissioner of the Department of Revenue will notify each city of its 2007 LGA distribution during the first week of August, 2006. This notification includes the data and factors used to compute the LGA distribution. Cities. have 60 days to appeal the calculation or factors used in the computation. City officials should use the official state LGA notification in the budget-setting process. b. Status of city for aid calculations 2006 ivtinn. Laws ob 2s9, ;~. s, In regard to annexation and consolidation, a city's population status on June 30 seg. a, amending Mann. Stet:. d is used as the basis for the calculation and distribution of aid the subse uent 477A.014, s<ibd. 1, q year. However, the Department of Revenue must now have extensive information about annexations (boundary adjustments), or changes in form of government, by July 15 to calculate local government aid adjustments for taxes payable the following year. G. Market value homestead credit blink. srat. d 27s.lssa: The MVHC program replaced homestead and agricultural credit aid, which was repealed in 2002. Beginning with taxes payable in 2002, homesteads became eligible for state paid credit of as much as 0.4 percent of a home's market value. Homeowners do not apply for this credit-it's automatically applied and the state reimburses local governments for the value of the credit. The maximum. credit is $304 per home. A home with a value. of $76,000 receives the maximum credit. The credit is reduced by $9 per $10,000 of value in excess of $76,000-so, homes that are valued. at $414,000 or more do not qualify for any credit. The full amount of MVHC does not go to cities. Rather, it is proportionately distributed among the various taxing districts in which the home is located. 60 Cities do not have to budget for MVHC. The credit will simply replace a portion of the property taxes that a homeowner would otherwise pay to the city with state revenues. If a city prepares estimates of the impact of the city's proposed property taxes on sample properties, however, the city may want to include the impact of MVHC in the estimates. Cities will receive one-half of the state reimbursement for MVHC on Oct. 31 and the remaining one-half on Dec. 26. This payment structure means that a portion of the property tax receipts a city expects to receive with the first-half distribution of the property taxes from the county will be effectively delayed by more than three months. This could be an important cash flow consideration for cities with tax bases that are predominantly comprised of lower-value homes (homes generally under $100,000 market value). Market value homestead credit reimbursement due to tax increment financing districts is paid entirely on Dec. 26. This payment structure could impact the cash flow of TIF districts that are predominantly comprised of lower-value homes (homes generally under $100,000 market value). League of Minnesota Cities -69- The 2006 Legislature ended previous. cuts in the market value homestead. credit (MVHC) Contact the League for the .latest estimates of MVHC reimbursements if you have questions. Minn. Stat. eh. h73F, Minn. Stat. ch. 276A, H. Fiscal disparities programs Communities in the seven-county metro area participate in the metropolitan fiscal disparities .program. Communities in parts of northeast Minnesota participate in a similar taconite tax relief area disparities program. Under these programs, communities in each. area share a portion of the growth. in commercial and industrial property value with other jurisdictions in their area. The programs redistribute this growth to municipalities in the respective programs through a formula based on population and market value of taxable Property. Designated county auditors (Anoka and St. Louis) administer the overall application of each fiscal disparities program, and each county auditor completes the necessary computations before the ]ocal property tax rates are computed, It is, therefore, not essential foreach city official to understand the intricacies of the program: Because the fiscal disparities program has a significant bearing on local tax burdens, city officials in each area may want to understand the program's general structure and impact. 1. Contribution .Each city's tax base contribution to the fiscal disparities program is 40 percent of the growth in commercial/industrial tax capacity since the base year (1971 for the metropolitan program and 1995 for the taconite area program), This growth is notlimited to new construction. The effects of inflation and revaluation of property are also considered in the growth calculation.. 2. Distribution Generally, each community receives. a tax base. distribution from the program based on the relative fiscal capacity of each community. Fiscal capacity is measured by market value per capita: Cities with relatively less fiscal capacity receive a larger distribution from the program. 3. Impact on levies City officials are notxequired to make any adjustments to their levies as a result of the fiscal disparities program. The county auditor makes the adjustments. before the local tax rates are computed. Each city raises a portion of its levy (known. as the distribution levy) through the fiscal disparities program. The distribution levy is determined by multiplying the city's prior year tax rate by the distribution value. The distribution levy is subtracted from the certified levy before the local tax rate is computed. In this manner, a portion of each city's levy is raised from local taxpayers, and a portion is raised from all commercial and industrial property in the fiscal disparities area. Guidelines for Preparing City Budgets 2007 61 -70- 4. Impact on taxpayers Non-commercial/industrial property owners are taxed entirely at the total local property tax rate that reflects the net impact of the fiscal disparities program on each community. The program may cause the local-tax rate to be higher or lower depending on whether the city contributes more tax base value to the area-wide pool than they receive in distribution value. Commercial and industrial properties have approximately 30 percent of their tax capacity taxed at the area-wide tax rate. The other 70 percent of their tax capacity is taxed at a local tax rate. The area-wide tax rate is the same throughout the fiscal disparities area; therefore, the overall property tax burden on commercial and industrial properties reflects less variation from community to community than property tax burdens on other types of properties. I. Categorical state aid Other aid programs distribute funds to cities for specific purposes. 1. Fire and police state aid Mi"". srar. §§ e9.o~i-.osi. Another primary source of intergovernmental revenue is state aid for police and lainn. sort. § azan.oa. fire services. This money is apportioned as state aid to qualifying cities for fire and police retirement and relief. If there is no firefighters' relief association, then the fire aid must be used to maintain the fire department. Minn. scat. § 69.o2i, sutxl. t. Funding for these programs comes from the state general fund and is based on taxes paid to the state for certain insurance policies. 2. ,Fire state aid program a. Qualification Nf;no,. stat. § 69.oi ~, sui,a. a. In order to .qualify for state aid for fire service, a city must have a city fire department that was organized prior to March 15 of the previous year, or have contracted with an independent or nonprofit firefighting corporation that provides relief and pension benefits to its members. Minn. scar. § r,9.oi i. sung. 2. To qualify for fire state aid, the clerk of a city with an organized fire Nunn. 5tnt. § 69.021., sand. a. department, or the secretary of an independent nonprofit firefighting corporation and the secretary and treasurer of the firefighter's relief association, must jointly certify the existence of the department or corporation that meets the requirements for receiving state aid. The certification forms will be provided by the commissioner of the Department of Revenue and must be sent back to the commissioner each year by March I5. Minp. srar. § ~9.oi i, sand. a. Qualification depends on all of the following factors: • Meeting minimum personnel, training and equipment standards. • Meeting annual financial reporting requirements. • Supplying any other information required by the commissioner. 62 League of Minnesota Cities -71- Minn. Star. ¢ 69.011, sabd. 3. Upon completion of the determination of qualification (on or before Oct. I) the Minn.. Stat. ¢ 69.021, snba. 4. commissioner will calculate the amount of fire and police state aid to be received by each city. If the relief association does not meet the financial Minn, star. ¢ 69.ust' disclosure provisions in the law, it will not qualify for the funds, b. Loss of state fire aid Minn. Stet. ¢ 424A.02, subd. 3a There is a penalty for paying relief association benefits in excess of the statutory limits. This penalty includes the loss of fire state aid. Minn. Stet. ¢ 424A.02, s<ibd. ~o. Volunteer firefighter relief associations must file a copy of revised bylaws with the state auditor when they are amended. Failure to do so could mean a loss of state aid until such documents have been filed. c. Distribution Minn. Stet. § (19.021, snbd. 7. Fire state aid distribution from the state to cities and to relief associations affiliated with independent firefighters' nonprofit firefighting corporations is done in the same way. Cities will receive both an initial state aid and an additional minimum state aid. Initial state aid distributes about $18 million to qualifying departments based on the population and market value of the area served. The minimum state aid distributes approximately $2 million to departments based on the number of active firefighters who are members of the relief association. If your relief association was created after 1992, special caps may apply to your minimum state aid distribution. For further information, contact the Department of Revenue Property Tax Division or the League. Regardless of how it is calculated, fire state aid is paid to the city treasurer. If a duly incorporated relief association exists, the treasurer must transmit the aid within 30 days to the relief association if the association has filed a financial report with the city treasurer and has met all other statutory provisions pertinent to the aid apportionment. 3. Police stafie aid program a. Qualification To participate in the police state aid apportionment, the clerk of each city employing one or more police officers must file a certification of police officers. The certification forms are sent in December to all cities employing police officers. Minn, Stat. ¢ 69.011, snbd. 1(g). For police state aid purposes, a police officer is any person who meets all of the following criteria: • Primary source of income from wages is from direct employment by a city as a law enforcement officer on a full-time basis of not less than 30 hours per week. • Has been employed for a minimum of six months before Dec, 31 preceding the current year's certification on March 15. Guidelines for Preparing City Budgets 2007 63 -72- • Sworn to enforce local ordinances and the general criminal laws of the state. • Authorized to arrest with a warrant. • Member of a local police relief association or the public employees' police and fire fund. • Certified or meets the requirements for certification by the Minnesota Peace Officers Standards and Training (POST) Board. bairua. slat. ~ e~.ozt, s„bd. ~8. police state aid calculations depend on the number of full-time police officers, excluding part-time officers. If a city contracts with the county or another city for police service, the city must receive a credit. applied to its contract of a proportionate amount of the state aid the county or city receives based on the number of full-time police officers providing service to the city. b. Distribution M;in,. slat. § ~q.o3 i, snba. s. The city treasurer will disburse police state aid as follows. If the city has a police relief association that is not phasing out, all of the police aid must go to the relief association. If the police retirement coverage is provided by the PERA Police and Fire Fund, all of the police state aid must be applied toward the city's employer contribution to the fund. If the city has a combination of both of the above, the city has the option to: • Distribute all of the aid to the police relief association. • Distribute all of the aid to the employer's share of the PERA Police and Fire Fund. • Distribute between both, with the city's employer contribution to the PERA fund based on the number offull-time police officers employed who are members of the fund. Some cities that had full-time fire departments prior to 1997 receive an additional fixed amount of police state aid. No new excess police aid is sent to any city for fire pension costs.. Except for cities with local police or paid fire relief associations; fire and police state aid distributions should not exceed the amount of the city's obligation to the PERA Police and Fire Fund. Mann. Stat• O 69.01 I, sea. z. March 14 is the last day for filing applications for state aid, fire equipment certificates, and the certification of police officers, as well as for filing the financial reports. of fire and police relief associations. Audit reports and actuarial survey reports should be filed within 30 days of being received by the relief association, 64 Questions about the apportionment of funds to the city, the filing of contracts, fire service area apportionment agreements, or qualifying for fire or police state aid or funding requirements should be directed to the Department of Revenue Property Tax Division at (651) 296-5141. League of Minnesota Cites -73- 4. Peace office training reimbursemenf M;na. slat. § 3s7.o2t, 5uhds. v. 7. Funds are available annually to help defray the costs incurred by local units of 2006 Mimi, Laws clt. 282 government to provide training to peace officers. The 2006 Legislature appropriated an additional $200,000 to reimburse local governments for peace Minn. R. 6700.1800, suvps. a, s. officer training costs in fiscal year 2007. The training costs must have been incurred after June 30,2006 and before July 1,2007 to be eligible for reimbursement. In late June, the Peace Officer Standard and Training (POST) Board will mail reimbursement application forms to law enforcement agencies. The forms must be completed and returned to the POST Board by Aug. 1 . Contact the POST Board for further The reimbursement amount available per officer depends on the number of information at (6s1~ 6a3-3o60. eligible officers and is not determined until all of the applications have been received. Large changes in the total number of police officers in the state could affect the total. amount available. The final amounts will be determined and checks should be mailed to cities by mid-September. J. Amortization aid Minn. scat. § ~23a.o2, All local police and salaried firefighters' relief associations and consolidation accounts must amortize their actuarial deficits by Dec. 31, 2010. Three amortization state aid programs. assist cities with relief associations and cities whose consolidation accounts have merged with the PEItA Police and Fire fund to meet their amortization requirement. Portions of this aid also fund actuarial deficits in the first class city teacher funds and volunteer fire state aid. K. Loss of amortization aid entitlement Minn. Scat. § 423A.02, snbd. 2. When local police and salaried-firefighter relief associations become fully funded, they lose entitlement to these aid distributions. Generally, once a city runs out of these funding programs, it cannot become eligible again and loses these funds permanently except under limited circumstances. L. Street and highway funding The Minnesota Constitution requires that state gasoline taxes and motor vehicle registration fees provide funding for certain city, county, and state roads, These revenues are distributed through the highway user distribution fund. This fund is distributed by the Department. of Transportation for state trunk highways and for certain county and city roads through the county state aid highway (CSAI-~ and municipal state aid (MSA) programs. Twenty-nine percent of the fund is dedicated for certain county roads and highways. Nine percent goes to cities with populations over 5,000. The remaining 62 percent is dedicated to the state trunk highway system. Guidelines for Preparing City Budgets 2007 65 -74- Cities with o ulations of 5 000 or more 1. p p , Minn. $lal. of 162.09, sntxi. a. The MSA prog_raln currently provides direct funding to approximately 130 cities with populations of 5,000 or more. Generally, population results from the latest U.S. Census are used to determine a city's eligibility for MSA. For those cities that are created by the consolidation of two or more cities, the most recent population estimate of the Metropolitan Council or state demographer will be used to determine the city's population until the next U.S. Census. In addition, if the annual population estimate prepared by the Metropolitan Council or state demographer indicates that a city's population exceeds 5,000, the city can request a distribution based upon this estimate. 2002 Minn. Laws ch. 36d, ~ 29. An exception is made for cities between 4,900 and 5,000 in population. A city that has previously been classified as having a population of 5,000 or more for the purposes of the state aid system, and that has a population greater than 4,900 but less than 5,000 according to the federal Census, is deemed to have a population of 5,000 for the purposes of the. state aid system. An example of a city that would qualify under this law is the city of Chisholm. irfinn. star. g 1.62.tt. As a group, participating cities receive 9 percent of the highway user distribution fund. This money is apportioned to these cities on the basis of two factors: Minn. srac. q 16z.1~: . 50 percent is distributed on the basis of population in relation to the total population of alt of the other cities receiving this aid. • 50 percent is distributed on the basis of fiscal need. Specifically, the distribution considers the city's adjusted money needs in relation to the total needs of all the other cities receiving this aid. This is determined by the estimated costs of construction and maintenance on the city's municipal state aid streets over 25 years, annually identifying portions that need work, and allotting appropriate amounts needed to carry out the work. Minn. Stat. ~ 162.18, subd. t Any city with a population of 5,000 or more may issue and sell obligations, or nmaroded by 2006 Minn. Lnws ch. bonds, for the u ose of establishin , locatin relocatin constructin zs9, arc. <~, sec. 3 p rP g g~ g~ g~ reconstructing, and improving municipal state-aid. streets. The bonds, issued in anticipation of MSA payments, may be issued in amounts not to exceed 90 percent of the amount of the last annual allotment preceding the bond issue the city received from the construction account in the municipal state-aid street fund. n4i„n. scar. ~ 16z.o9, 5ubd.1. The funds may only be spent on 20 percent of total miles of city streets and county highways within the jurisdiction, plus the additional miles of county and state roads turned back to the city. Minn. R. 8820:1400, snbp. a. Cities must designate a minimum of either 25 percent of their total MSA distribution or $1,000 per kilometer of improved MSA streets towards general maintenance ofMSA-designated streets. If cities wish to receive more than the minimum, they may request that up to 35 percent of the total distribution be used for genera] maintenance. The request for the maintenance distribution is due by Dec. 13 for funding for the next calendar year. For further information on the MSA program, contact: Office of State Aid, Department of Transportation, State Transportation Building, St. Paul, MN 55155. Telephone: (651) 296-1.662. 66 League of Minnesota Cities -75- 2. Cities with populations less than 5,000 Smaller cities are not eligible for the direct state aid program. They do, however, have access to state funding for certain county and state roads that pass through their- communities. Counties, like cities, are constitutionally guaranteed a portion of the highway user distribution fund. Twenty-nine percent of the fund is dedicated for certain county roads and highways. Minn. sa+t. ~ 16x.os. State law requires a portion of this aid to counties to be set aside for use on county state aid roads within the cities. with populations of less than 5,000. The percentage allocated in each county for these roads depends on the estimated costs of construction projected over the next 25 years for the county state aid system roads that are within smaller cities. The total amount available for this municipal account varies widely from county to county. Those dollars the county does not spend on roads and highways in smaller cities will be spent on other county roads in the townships or unorganized areas of the county. The commissioner of Transportation regulates compliance of county boards. Minn. Stat. § 1(i2.0A, subd, a. Despite the requirement to set aside a portion of county state aid for cities, the county can divert this money for other uses. County boards can appeal to the commissioner of Transportation for permission to use the money elsewhere in the county (such as outside small cities on county and township roads.). These requests can be made when the County State Aid system lying within cities under 5,000 population is improved to required standards. The commissioner can grant requests to use these funds on non-city roads. The CSAH municipal account is valuable to smaller cities. Cities should increase their efforts to use available set-aside funds. If they do not, counties are likely to lobby to eliminate the requirement. A4;an. a. gs2o.iaoo, subp. ]n. Smaller cities should also be aware that a minimum of 40 percent of the total allocation to each county is dedicated for maintenance. These funds can be available for maintenance of county roads that run through smaller cities. Some counties compensate the public works staff of their small cities for performing maintenance on county roads. City. staff should check with their county highway departments to determine the amount of maintenance funds, .if any, they will receive for 2007. M. Highway user tax distribution fund Minn. Stat. § 161.081, Suvd. 1. Minnesota law, pursuant to article 14, section five of the state Constitution, requires 5 percent of the net highway user tax distribution fund (HUTDF) be set aside for use on municipal and state roads. The 5 percent formula is broken down as follows: • 30.5 percent devoted to the newly established town road account. • 16 percent devoted to the town bridge account, allowing townships to use funds in the town bridge account to pay t 00 percent of bridge rehabilitation and replacement costs. Guidelines for Preparing City Budgets 2007 67 -76- • 53.5 percent devoted to the newly created flexible highway fund, to be used primarily to fund trunk highway turnbacks(approximately $30 million per year). Turnbacks aze former trunk highways that the state relinquishes control of to another level of government, for example from state control to county responsibility. The flexible highway fund includes turnbacks of county highways in the computation of MSA miles. bfinn. slat. ~ 151.os1- The statue also requires the Department of Transportation to consult with the League of Minnesota Cities and the Association of Minnesota Counties (AMC) regarding the distribution of the HtJTDF flexible fund's turn-back moneys. City and county officials make recommendations on how to divide the fund between cities, counties, and the state regarding turn-backs. The commissioner of transportation incorporates those recommendations in the department's biennial budget requests to the governor's office and Legislature. N. Clean Water Legacy Act 200E Minn. Laws ch. ?51 to be The 2006 Legislature passed legislation to begin cleaning up impaired state ecaified at Minn, stet. enap. waters-and to com l with the federal Clean Water Act. The Clean Water 114D.05 - 114D.45. P y Legacy Act provides funds to the Minnesota Public Facilities Authority (PFA) Fublic Facilities Au[hrni'y for wastewater capital improvement projects. Through the State Revolving Fund (SRF) the PFA provides $32,800,000 in low-interest loans to priority projects. Also, the Wastewater Infrastructure Fund provides $23,000,000 in supplemental assistance through matching grants with USDA-Rural Development or zero- interest deferred loans for priority projects ' 2005 Minn. Laws ch: Z51 Sec. 15 The final clean water package also included $8.31 million in state bonding for t~ be codified at Minn. smt. three other ro rams: the Phos horns Reduction Grants ro ram the Small §aar,~~.o~s P g P P g Community Wastewater Treatment grant and loan program, and the TMDL ~ubiic Facilities aut:h°tity Grants program. The time to apply for these grants was very short and closed on July 31, 2006. The law also creates a Small Community Wastewater program awarding loans and, in some situations, grants to governmental units to replace failing or inadequate individual septic systems. This grant and loan program uses the existing Project Priority List (PPL) scores of eligible projects to determine which projects will be funded. The Minnesota Public Facilities Authority (PFA) administers the program and awards loans to local units of government. When the area served by a project has a median household income below the state average median household income, the governmental unit may receive 50 percent of the funding as a grant. Funds for small communities to develop technical and managerial skills related to wastewater treatment are also a component of this program. Total awards are capped at $500,000 per year, but a project that will take multiple years to be completed could be given a multiyear commitment. The mix of funding could include up to 50 percent grants, with the balance being covered by state-subsidized low interest loans. Projects must have a project proposal approved by the MPCA. The projects will be ranked for funding priority using the current project priority list criteria. 68 League of Minnesota Cities -77- 2006 Minn, Laws, ~;~. zsl see. is The Phosphorus Reduction Grant program provides $2.31 million and covers to he codified at Minn. Stat. ¢ U to 75 ercent of the ca ital costs of addin hos horns treatment to a aa~a..o7a p P P g P P wastewater treatment facility. Funds go first to any eligible new project that starts construction on or after July 1, 2006. The application form for the: Pubii~ Pisoiliries Aamoriry Phosphorous Reduction Grant program should be available on the PFA web site as of July 1, 2006. For both new and retroactive grants (discussed below), the application form requires detailed information on construction (as-bid or incurred}, engineering, and inspection costs. The timeline for applications for new grants was only from July 1, 2006, to July 31, 2006. Remaining funds for each calendar year go to retroactively cover portions of the debt on eligible phosphorus treatment infrastructure installed between March 28, 2000, and July 1, 2006, as long as the city properly applies to the PFA and qualifies before June 30, 2008. (Retroactive grants will be issued in chronological order based on the date a facility's phosphorous reduction plan was approved by the MPCA.) Going forward, projects that meet eligibility criteria, and obtain approval from the MPCA before July 1, 2010, may receive 75 percent of their capital costs. After July 1,20]0, eligible projects may receive 50 percent of their capital costs. O. Additional revenue sources -Licenses and permits There are other sources of revenue for cities, such as different types of fees for licenses, services, and ordinance violations, among others. Cities should be conservative when estimating these amounts as they can vary considerably from year to year. Cities receive revenues from businesses and occupations licensed by the city, such as sales of food, beer, cigarettes, liquor establishments, bowling alleys, waste disposal contractors, and heating and utilities connections. This classification would include non-business licenses, such as those regulating dogs, signs, bicycles,. and buildings. Whenever a city requires a license or permit, it may set a fee for the license or permit. In general, statutes granting authority to issue licenses do not specify maximum fees. In a few cases, however, the statutes set maximum fees for city licenses or prohibit fees. For instance, state law sets maximum fees for off-sale liquor licenses. rormore;nfonnarinn oa mun;cipai . Municipal licensing should not be viewed as a significant source of revenue. licensing, see Ch. 13 of the Gerierall license fees must a roximate the direct and indirect costs in issuing League's Handbook for Minnesota y~ PP dries. the license and policing the licensed activities. License fees that significantly exceed these costs are generally considered to be taxes that a city does not have the authority to enact. Guidelines for Preparing City Budgets 2007 69 -7H- 1. Development fee reporting Minn_ Stat. § ~ a~.ess. Minnesota statute mandates an annual report to the state regarding municipal development and construction fees and costs associated with services related to these activities. The 2003 Legislature amended the reporting requirement by Miun. Slat. § 16Ii.G85, as amended extendin the deadline to June 30 and exem tm cities that collect $5,000 or by 2003 Minn. Laws ch. 6, § 1. g p g less in fees. 2. Planning and zoning fees n4inn. star: ~ aez.3r, snbd. a. Fees related to planning and zoning applications are required by statute to be fair, reasonable, and proportionate. The 2004 Legislature added a statutory requirement that fees related to planning and zoning applications have a "nexus" to the actual cost of the service for which the fee is imposed. 3. 2006 Legislature requires municipal. action on release of letters of credit 200(i Miun. i,aws ch. 204 The 2006 Legislature made changes to subdivision regulation. law that could amencG'ng Minn. Stat. ¢4G2.35R, affect city budgets. Effective Aug. 1, 2006, a city or town may require that an subd. 2a applicant seeking subdivision approval establish an escrow account or other financial security to reimburse the municipality for direct established costs relating to the review, approval, and inspection of the project. In addition, this law establishes a 30-day deadline for release and return of an applicant's financial security when the municipality's conditions for approval are met. Once an applicant vouches, by certified letter, that all of the city's subdivision requirements are met, the city has 30 days to release and return to the applicant any and all financial securities tied to the requirements-if the city does not release the financial security within 30 days, the city must pay any accrued interest to the applicant. If the city determines that the conditions for approval are not met by the applicant, the city has seven days from receipt of the certified letter to provide written notice to the applicant indicating which specific conditions are not met. A municipality must require a maintenance or performance bond from any subcontractor that has not yet met all the municipality's remaining requirements. 4. Park dedication fees Minn. star. § a62.3ss. Regarding subdivisions and park dedication fees, the 2004 Legislature prohibited the use of fees in lieu of dedication for ongoing operation or maintenance, and required an "essential nexus" between a fee or dedication and the municipal purpose to be achieved by the fee or dedication. 70 League of Minnesota Cities -79- 5. Charges for services Cities may also receive revenues. from election filing fees, sales of maps and ordinances, assessment searches, court fees, police patrol and fire service fees; street and sidewalk repair, parking fees, refuse collection, water and sewer charges, inspection fees,. and service charges such as those made by libraries, museums, and recreation facilities. 6. Fines and forfeits The budget should include expected amounts from violations bureaus, courts, confiscated deposits, and collections on bonds or surety held for enforcement or security purposes. Cities should be careful that the expected revenues do not set an expectation that police issue a certain number of citations. 7. Enterprise funds These items would include expected transfers from various enterprises to reimburse the city for administrative activities performed by city staff, office overhead, unencumbered fund balances, etc., for departments such as municipal liquor stores or an electric utility. 8. Franchise fees n4inn. suv. a z~~B.36. Cities are authorized to impose a franchise fee on utility services, such as gas, a7 us.c.A. § sae. electric, and cable television. Franchise fees for gas and electric utilities are subject to negotiation. Cable franchise fees are limited to no more than 5 percent of the cable operator's gross revenues over a 12-month period. xx. szs2, lov'" cong., 2d sess. However, proposed legislation currently in the U.S. Congress could (2°06>. significantly and adversely affect Minnesota. cities' ability to impose franchise fees on cable services (and could substantially reduce Public, Educational and Government (PEG) funding and support). At the time this publication went to print, it was not known whether or when this legislation will pass. The revenues from franchise fees can be useful in offsetting a city's costs. in regulating these businesses and maintaining and protecting the public right-of- way. In 2000, franchise fees reflected less than 2 percent of total city revenues. Guidelines for Preparing City Budgets 2007 71 _80_ V... T ruth -i n -taxati o n Nunn. star. g 2~s.o~s. In 1988, the Legislature adopted a program of notice and hearing requirements for proposed property taxes, commonly referred to astruth-in-taxation (TNT). The TNT law requires cities to adopt a proposed budget and certify a proposed See Ure MNUepariment of Revenue for more information au ]e to the coun auditor on or before Se t. 15. The coup uses the ro osed ~'y ty P n' P P -rN~r. levy to prepare parcel-specific property tax notices. Further, the. TNT program generally requires cities hold a series of public hearings between Nov. 29 and Dec. 20 to present the proposed levy and budget, and to provide an opportunity for the public to comment and make recommendations. The statute provides for the selection of hearing dates and specifies certain public advertisement requirements. Some cities are exempt from the TNT hearing requirement. Cities of 500 population or less are exempt from the TNT hearing process. Cities over 500 population with nominal proposed property tax increases may also be exempt from holding TNT hearings. Minn. Star. § 27C,p7, /All cities must adopt a final levy and budget, certifying the final levy to the V county auditor by Dec. 27, 2006. A. Proposed levy and budget b4inn. SL9t. § 275,p65, smud. i~a). ~ /All cities must adopt a proposed 2007 budget and certify a proposed 2007 levy See Appendix C for sample V to the county auditor on or before Se_ fit. 15. The proposed levy is the total of all resolution. levies the city intends to impose, both general and special levies. (Any market value-based referendum levies must be certified separately from the rest of the city's proposed property tax.) Mina. star. ~ 2~s.oes, $~t~a. 6pm> . With some limited exceptions, the TNT statute generally prohibits any subsequent increases in the proposed levy once adopted; therefore, city officials should. carefully consider their levy needs before certifying the proposed levy to the county. In contrast, the proposed budget is not subject to a restriction on subsequent increases. B. TNT hearing exemptions 1. Cities of 500 population or less Mi~m. srnr. ~ z~s.oes, snbd. ~ttr). Cities of S00 population or less are exempt from the TNT hearing requirements, including selection of hearings dates and the public advertisement requirements. Cities of 500 population or less must nonetheless: (1) adopt a proposed budget and levy and certify the proposed levy on or before Sept. 15, 2006; (2) adopt a final budget and levy and certify the final levy by Dec. 27, 2006. At the time the city certifies its proposed property tax levy, it may inform the county auditor that its proposed levy is also its final property tax levy, in which case no further certification is necessary. 72 League of Minnesota Cities _8~_ 2. Cities with nominal tax increase Julian: Stnf. § 275.065, snba. 6rb). A city over 500 population may be exempt from the TNT hearing requirements if there is only a nominal increase in the total 2007 proposed tax levy from the total 2006 final tax levy. The exemption applies if the increase is not greater than the percentage increase in the federal implicit price deflator (IPD) for government consumption expenditures and gross investments for state and local governments prepared by the Bureau of Economic Analysis of the U.S. Department of Commerce for the 12-month period ending March 31. (The IPD is a ratio of current dollar gross domestic product (GDP) to constant dollar GDP and is used to account for the effects of inflation.) For levy year 2006, taxes payable 2007, the percentage increase in the IPD is 6.4187. The Department of Revenue will provide cities over 500 population with the information needed to make an exemption determination. The information will include the payable 2006 final total property tax levy, as well as the maximum proposed property tax levy the city may have for payable 2007 and still qualify for the exemption. The levy amounts compared to determine this exemption must be the city's total levy, both net tax capacity and market value based, as well as debt and non-debt. Atinn. Stet. § 275.(1G5, snt~a. G(j). The exemption is from advertising and holding TNT hearings, but not from the requirement of selecting TNT hearing dates. For the purpose ofparcel-specific notices, the county auditor will need to verify the city's exempt status. A city that qualifies for the exemption may nonetheless choose to advertise and hold .TNT hearings. C. .Selecting hearing dates Minn. Stat. y~ 275.065, saUd. G(a). The TNT process involves up to three hearings: two public comment hearings (an initial hearing and a continuation hearing if necessary), and a subsequent hearing. The public comment hearings are held to discuss the city's proposed budget and property tax levy for the following year. The subsequent hearing is held to adopt the city's final property tax levy. Minn. St:u. § 275.OGS, Sued. G(b)- The public comment hearings must occur between Nov. 29 and Dec. 20. The fie)' continuation hearing must occur at least five business days, but not more than 14 business days, after the initial hearing. All public comment hearings must be held after 5 p.m., Monday through Friday, or anytime on Saturday. No public comment hearings may be scheduled on Sunday. Minn. star. p 27s.oes, snbd. Go)• The subsequent hearing must beheld on or before Dec. 27.. The subsequent hearing must be held on a date subsequent to the date of the initial public hearing. If a continuation hearing is held, the subsequent hearing must be held either immediately following the continuation hearing or on a date subsequent to the continuation hearing. Guidelines for Preparing City Budgets 2007 73 _82_ Minn. scat. ~ z7s.o6s, sand. ~tnl. The county auditor is responsible for coordinating the selection of hearing dates nT,'„~,. slat. ~ 27s.o65, sand. 6t >. for the initial and continuation hearings for local units of government within the county, including cities. Cities are not required to schedule the date of the subsequent hearing through the county auditor. Cities must certify the dates on Minn. Slat. § 275.otiS, snbd. 6Q). which they elect to have their initial hearing and continuation hearing to the county auditor at the same time the city certifies its proposed levy to the county auditor (on or before Sept. 15). N[inn. Slat. § 275.065, Saba. 6Q). Cities may not select an initial heazing date that conflicts with the initial hearing date of another taxing authority. Cities may, however, select a date for its continuation hearing that conflicts with the continuation hearing date of another taxing authority if it is not possible to avoid the conflict. A city can hold TNT public comment hearings on the night of a regularly scheduled city council meeting as long as that date is available. If this is the case, the city should separately convene the TNT hearing and the council meeting. For example, the city could convene the TNT hearing and adjourn to .conduct the regular council meeting. The subsequent hearing may be held at a Minn. star. ~ 27s.o65, 5ni,d. 6p). regularly scheduled council meeting or at a special meeting scheduled for the purpose of the subsequent hearing. Minn. SutC. § 275.065, snbd. 6(i>. By Aug. 20, the county auditor shall notify city clerks of the dates on which school districts and regional library districts have elected to hold their initial and continuation hearings. The first and second Mondays of December are reserved _ for the use of cities until Sept 15. In 2006, the reserved dates are Dec. 4 and Dec. l 1. Minn. Star. ~ 275.065, sand. 6(f). In all counties except Ramsey County, no city may select Dec. 1, 2006 (the first Thursday in December}, for its initial hearing date since this date is set aside for county initial hearings. Within Ramsey County,. cities may choose Dec. 1, 2006, Mina S,at. § 275.065, sand. s. for their initial hearing, but not Dec. 12, 2006 (the second Tuesday of December), since Dec. 12 is the date for Ramsey County, the city of St. Paul, Minn. Slat. ~ 275.065, Saba. big>. and Independent School District No. 625 to hold their joint initial hearing. In addition, within the metropolitan area, no city may select Dec. 6, 2006 (the first Wednesday in December), for its initial hearing date since this date is set aside for the metropolitan special taxing districts to hold their joint initial hearing. Minn. Slat. § 275.065, snnd. 6(b). Joint TNT hearings with county and school officials are authorized for cities with populations of 10,000 and over. Such cities can elect to hold a joint hearing by adopting a resolution, and by notifying. the other taxing authorities and requesting that.a member of the other body attend the joint hearing. D. Parcel-specific notices Minn. Slat. y 275.065, sand. s. Between Nov. 10 and Nov.. 24, counties will prepare and send, by first class mail, parcel-specific notices of proposed property taxes to each property owner listed on the current assessment rolls. These notices show the impact of the proposed property tax levies of the city, county, school district, and special taxing districts on individual parcels of property. The notices include parcel-specific listings of the net taxes for TIF districts and for the fiscal disparities levy. Specific metropolitan taxing jurisdictions' levies aze listed separately. Levies for all other special taxing districts are aggregated as a total "special taxing district" proposed levy amount. 74 League of Minnesota Cities -83- Minn. Slat. § 275.065, snba. 3(~). A city within the metropolitan area that is levying a property tax under Minn. Stat. § 473.388, subd. 7 to pay obligations issued by the city for capital expenditures for transit and other related activities may request that the city's parcel specific notices show a breakdown of the city's property tax between "regular city tax" and "transit tax," along with an explanatory statement. The parcel-specific form uses a layout that shows the current year's taxes payable and proposed taxes payable for the following year for each taxing jurisdiction. The 2003 Legislature modified the parcel-specific TNT form by tvlinn. star. § 27s:oes, subd. s. eliminating columns that report the tax change due to "spending" factors and changes due to "other" factors.. The TNT law was also changed to except voter- approved levies from the proposed levy amounts shown on the TNT notice. Minn. S4~t. § 275.065, Saba. ;(e>. For each taxing authority required to hold TNT hearings, the parcel-specific notices must clearly state the. time and place of each taxing authority's TNT hearing, a telephone number for the tax authority that taxpayers may call if they have questions related to the notice, and an address where comments will be received by mail. E. Advertising requirements Minn. Stat. § 275.065, snbd. sa. All cities required to hold TNT hearings must advertise the initial TNT hearing. Only the initial hearing must be advertised; the date and time of the continuation hearing, if necessary, will be announced at the initial hearing. Generally, the advertisement must include notice of the city's intent to adopt a property tax levy and budget for 2007, and the time, date, and location of the initial TNT hearing. The statute prescribes standardized advertisement forms that cities must follow. The specific advertisement requirements vary by city size. 1. Cities of 500 population or less Minn. Stal. § 275.065, subd. Sa(e). Minn. Stat. § 6a 5.12, subd. 1. Minn. Star. § 275.065, subd. Sala). Minn. Star. § 275.065, subd. Sa(b). See Appendix D for sample notice. Cities of populations of 500 or less. are exempt from the TNT hearing and advertising requirements. 2. Cities over 500, but not more than 2,500 Cities with populations over 500, but not more than 2,500, that are required to hold hearings must post a notice of their proposed tax levy in the three most public places in the city. The advertisement must be posted not less than two business days, nor more than six business days before the hearing. No published advertisement is required for these cities. The advertisement must be in the form specified in Minn. Stat. § 275.065, subd. Sa(b), and include notice of the city's intent to adopt a property tax levy and budget for 2007, and the time, date, and location of the initial TNT hearing. Guidelines for Preparing City Budgets 2007 7s -84- ~3. Cities over 2,500 population Minn. Stet. § 27s.oGS, st,na. Sala), Cities with populations of more than 2,500 that are required. to hold hearings Mtnn. stet. ~ z~s.oes, sane. sace~. must publish an advertisement at least the size of cone-eighth page standard- size newspaper. The advertisement for these cities must be iri the form specified See Appendix E for sample notice. In Mtnri. Stet. § 275.06$, subd. Sa(c), and include information.on the current local tax rate, the proposed rate if no levy increase is adopted, and the tax rate under the proposed budget in a form prescribed by statute, Minn. Stet. ~ 295.Ob5, Saba. Sala>. The advertisement must be published throughout the city (publication in more than one newspaper may be necessary) that includes local and/or state news and is published at least once a week. The advertisement must not be placed in the section of the newspaper that includes legal notices and classified advertisements. The advertisement must be published not less than two business days nor more than six business days before the hearing. F. TNT hearings The TNT law generally requires cities to hold a series of public hearings in order to present the proposed levy and budget, and to provide an opportunity for the public to comment and make recommendations. Minn. Stet. § 275.oG5, ~ttna. a. The TNT process involves up to three hearings: an initial hearing, a continuation heazing~and a subsequent hearing..The initial hearing, and the continuation hearing if necessary, is held to discuss the city's proposed budget "~ and proposed property tax levy for the following year. The subsequent hearing is held to adopt the city's final property tax levy. The separation of the public comment hearings (initial and continuation) and the official adoption hearing (subsequent heazing) is intended to allow time for the city council to carefully consider and possibly incorporate concerns raised by the taxpayers. While many major decisions regarding the levy and budget may, in fact, be quite final by the time of the initial hearing, cities should. listen to the comments and attempt to incorporate them where feasible. See discussion of "selecting The initial and continuation hearings are held between Nov. 29 and Dec. 20. nearing dates" anove. The continuation hearing must occur at least five business days, but not more than 14 business days, after the initial hearing. The subsequent hearing must be held by Dec. 27. 1. Initial hearing Minn. Stet. ~ 275.061, subd. The initial hearing is the first and primary public hearing held to discuss and o(a)f l) seek public comment on the city's proposed budget and proposed property tax Minn. star. ~ z~s.nbs, Saba. G(b). levy for the following year. Minn. Stet. § 275.065, sttna. eld~. The initial hearing must include a discussion of the percentage increase in any property taxes proposed by the city, if any, and the specific purposes for which the property tax revenues are being increased. During the discussion, the governing body must hear comments regarding a proposed increase and explain the reasons for the proposed increase. The public must be allowed to speak and ask questions. 76 League of Minnesota Cities -85- 2. Continuation hearing Minn. Stal'. § 275.065, sttba. The continuation hearing is a hearing held to complete the initial hearing, if the 6(a>(2). initial hearing is not completed on the scheduled date. If the initial hearin g is not completed on its scheduled date, the city must announce (prior to DRinn. Star. § 275.06.5, snbd. 6(e>. adjournment of the initial hearing) the date, time, and place for the continuation of the hearing. 3. Subsequent hearing Minn. Stat. § 27s.065, st,bd. The subsequent hearing is held to adopt the city's final property tax levy and the e(axs)' final budget. The date, time, and place of the subsequent hearing may be Minn. Slat. 9 275.065, snbd. 6it). announced at the initial public hearing or at the continuation hearing. Minn. Stai. § 275.065, Saba. 6p>. At the subsequent hearing, the city may amend its proposed property tax levy and must adopt a final tax levy. The city may also amend its proposed budget and must adopt a final budget at the subsequent hearing. The final property tax levy must be adopted prior to the final budget. G. Certification of final levy Minn. star. § 27s.oz After official adoption of the final levy and budget, cities must certify their final see Append;x c for sample property tax levies to their county auditors on or before Dec. 27 (the law states, resoincion. obscurely, that all subsequent meetings must be held "prior to five working days after Dec. 20," which means these hearings must be held by Dec. 27.) Minrt. Stat. ` 275.065, Subd. 6t~ri>. The final certified levy may be less than the proposed levy but it may not exceed the amount of the proposed levy. The few exceptions to this rule are: • Voter approved operating or capital expenditure levies: Levy increases for operating costs or capital expenditures approved by the voters at a referendum held after certification of the proposed levy. • Bond referendums. Levy increases to pay principal and interest on bonds approved by voters after certification of the proposed levy (does not apply to bonds issued without voter approval). • Natural disaster costs. Levy increases to cover costs incun ed due to a natural disaster occurring after certification of the proposed levy (cities must appeal to the commissioner of Revenue for approval). • Tort judgment costs. Levy increases for amounts necessary to pay tort judgments that become final after the proposed levy was certified (cites must appeal to the commissioner of Revenue for approval). H. Compliance and enforcement Minn. sett. § ns.obs, s„bd. 7. State }aw authorizes the Department of Revenue to document compliance with the TNT requirements. Cities required to hold public TNT hearings must complete Form TNT-2007 and return it when the final levy is certified to the county. Cities whose final .levy exceeds their proposed levy due to an allowable exception must also complete a supplemental form. Guidelines for Preparing City. Budgets 2007 77 -86- 1 The commissioner ofRevenue is responsible for determining whether local governments have fully complied with the TNT laws. If a city is found to be "substantially out of compliance," the city's property tax -evy is limited to the amount levied in the previous year. No increase in the lery is allowed. 1. Administrative costs No state funding is provided to administer the TNT process, so all costs incurred must be paid by the participating local governments. Minn. St<~t. § 275.005, sun~t. a. Counties may apportion their costs for the preparation and mailing of the notices among all of the participating local governments. If the county decides to apportion these costs, they must use a statutorily specified apportionment formula. J. TNT Summary Chart Dates Event On or before 8/20/05: County notifies cities over 500 of school district hearing dates. /On or before 9/15/O5: All cities adopt a proposed budget and certify a proposed levy. On or before 9/15/05: All cities over 500 population certify hearing dates. 11/10/OS toll/24/05: County auditor prepares and sends parcel-specific notices. Two to six business days Cities holding. TNT hearings (cities over 500 whose proposed Levy before initial hearing: exceeds previous years levy by more than 6.4187 percent increase in IPD} must advertise initial hearing. 11/29/05 to 12/20/05: Cities holding TNT hearings hold initial TNT hearing. 5 to 14 business days after initial hearing, and Cities holding TNT hearings hold continuation hearing if necessary. no later than 12/20/05: On or before 12/27/05: Cities holding TNT hearings hold subsequent hearing to adopt final levy and budget. /By 12/28105: All cities must certify their final property tax levy. 78 League of Minnesota Cities _87_ VI. Financial reporting There are a number of budget and financial statement reporting and publication requirements with which cities must comply. What follows is a summary of some of the relevant statutory requirements. Cities should consult with their city attorneys and their accounting and auditing professionals as to the specifics of their compliance. The fiscal year for all cities is the calendar year. This applies to all city funds. A. GASB reporting standards 1. GASB Statement No. 34 In June 1999, the Governmental Accounting Standards Board (GASB) issued GASB Statement No. 34, which established new financial reporting standards for state and local governments throughout the United States. All cities that issue audited annual financial statements need to comply with some or al l of the GASB 34 standards for financial reporting.l'he authoritative audit guide suggests it would issue an adverse opinion on financial statements that are not in compliance with GASB 34. GASB 34 is a financial reporting framework that measures the overall net financial condition of the city by taking into account all long-term assets and liabilities. One of the major aspects of GASB 34 is that long-term assets should be reported at initial cost less depreciation. GASB 34 now applies to cities of all sizes (as of fiscal year 2004). see GrsB Websire. The breadth and efforts that are required to implement the new standards may be substantial, and cities should budget for associated implementation and staffing costs.. see os,~ Web site. The new standards are lengthy and are not discussed in detail in this document. see GFGA web site . For further information on GASB 34, contact the Governmental Accounting Standards Board (GASB), the Minnesota Office of State Auditor, or the Government Finance Officers Association (GFOA). 2. GASB Statement No. 43 See GASB for more information. In 2004, the Governmental Accounting Standards Board (GASB) issued summaries oP GASS statements. Statement No. 43: Financial Reporting for Post-employment Benefit Plans Other Than Pension Plans, and Statement No. 45: Accounting and Financial See previous sections on GASB 43 Re ortin b Em to ers or Post Em to went Bene Tt Plans Other Than and 45 Retiree Health Insurance p g y p y f p y Pension Plans, establishing uniform financial reporting standards to measure and report the long-term costs of other post-employment benefits (OPEB) plans (e.g., retiree health benefits), as well as the funding status of these programs. Implementation will be phased-in, with the largest employers required to implement in financial statements for periods beginning after Dec. 15, 2005, and the smallest employers required to implement in financial statements for periods beginning after Dec: 15, 2007. Guidelines for Preparing City Budgets 2007 79 _88_ B. Levy information Mann, star. § z~s.~2. Each city over 2,500 population, and each city (regardless of population) that see me iunv Department of receives a distribution of taconite municipal aid in the levy year must annually R.evenne wen sue for more: submit a property tax levy report to the Department of Revenue concerning its information. final certified property tax levy. The report is due on or before Dec. 30. If the city fails to submit the report by Jan.30, local aid payments may be reduced by 5 percent. G Budget information 1. Summary budget publication Mann. stet. ~ 4~f.69es. Annually, upon adoption of the city budget, the city council must. publish a .summary budget statement. The statement must contain information relating to anticipated revenues and expenditures in a form prescribed by the state auditor. see osA ~-en site for sununary The form allows for com arisons between the current ear and the bud et ear. nuiif;et publication form: p ~' g }' The statement must be published either: (1) in the official newspaper of the city, or if there is none, in a qualified newspaper of general circulation in the city; or (2} in a city newsletter or other city mailing sent to ail households in the city. 2. Summary budget ding Minn. stet. ~ 6.~as.: Cities must also forward summary budget. information to the state auditor, using sec osa, .,yen site for summary forms. prescribed by the state auditor. The summary data must include, nnagec filing form; separately, any net unrealized gains or losses from investments. This summary budget data must be provided to the state auditor no later than Jan. 31. Note that this form is different than the form for publication. D. .Annual financial statement After the close of the fiscal year, cities must prepare, publish, and file financial reports providing detailed annual financial statements. The specific requirements differ depending upon city size. The state auditor will withhold state aid for cities that do not submit the required information. 1. Cities under 2,500 population Minn. star. ~ a~i.69s. In any city with a population of less than 2,500, according to the latest federal census, the clerk or chief financial officer must prepare an annual financial statement in accordance with Minn. Slat. § 471.698. Any city with a population of less than 2,500, however, may choose to comply instead with the provisions for larger cities under Minn. Slat. § 471.697, in which case the provision of Minn. Slat. § 471.698 would not apply. n-lion. stet: g a~t.s9s• s~i~a• ital. The city clerk must prepare a detailed statement of the financial affairs of the sce ~s,a wee site for futanciat city in the style and form prescribed by the state auditor. The statement must statement form pursuant to Minn. show the following: Stet. ~ 471.698. gp Leaguc of Minnesota Citice _gg_ • All moneys received, sources, and respective amounts. • All disbursements for which orders have been drawn upon the treasurer. • The amount of outstanding and unpaid orders. • All accounts payable. • All indebtedness. • Contingent liabilities. • All accounts receivable. • The amount of money remaining in the treasury. • All items necessary to accurately show the revenues, expenditures, and financial position of the city. Minn. Slat. § 471.698, snba. i(b). The clerk must file the statement in the clerk's office for public inspection and present it to the city council within 45 days after the close of the fiscal year. hfinn. star. § 47t.69s, suba. l(c). The clerk must publish the statement within 90 days after the close of the fiscal year in a qualified newspaper of general circulation in the city. If there is no qualified newspaper, the clerk must post it in at least three public places in the city. It is not necessary to publish individual disbursements of less than $300, if disbursements aggregating $1,000 or more to any person, firm or other entity are set forth in a schedule of major disbursements showing amounts paid out, to whom, and for what purpose, and are made a part of and published with the financial statement. Minn. scar. ~ 471:698. Small cities (less than 2,500) are now allowed to publish a summary of their financial statements in a form prescribed by the state auditor. Tvfinn. Star. § 471.ti9S, snbd. t(~i~. The clerk must submit, within 90 days after the close of the fiscal year, a copy of the statement to the state auditor in such .summary form as may be prescribed by the state auditor. 2. Cities over 2,500 population Minn. star. 0 471.697. In any city with a population of more than 2,500, according to the latest federal See OSA web site for financial census, the clerk or chief financial officer must prepare an annual financial statement form pursuant io Minn. report and statements in accordance with Minn. Slat. § 471.697. slat. § 471.697. Minn. Slat. ~ 471.697, sued. ~(:~~. At the close of the fiscal year, the clerk or chief financial officer must prepare the financial report covering the city's operations during the preceding fiscal year. The report must contain financial statements and disclosures that present the city's financial position and the results of city operations using generally accepted accounting principles. Minn. slat. § 471.697, suba. i(u>. The clerk must file the financial report in his or her office for public inspection, and present it to the city council after the close of the fiscal year. One copy of the report shall be furnished to the state auditor after the close of the fiscal year. Guidelines for Preparing Ciry Budgets 2007 sr -90- Minn. Slat. § 471.697, Stand. ~~~>, Within 180 days after the close of the fiscal year, the clerk must submit to the state auditor audited financial statements that have been attested to by a certified public accountant, public accountant or the state auditor. The state auditor may,. upon request of a city and a showing of inability to conform, extend the deadline. The state auditor may accept this report in lieu of the copy of the report filed by the clerk in his or her office for public inspection. Minn. Slat. § 471.697, enbd. i(c). A copy of the audited financial statement along with any management letter or other written findings or comments by the auditor must be provided to each city councilmember and the mayor no later than 30 days after the report is required to be .submitted to the state auditor, and presented at a scheduled meeting of the city council prior to Oct. 31 of the year in which the report is submitted to the state auditor. A~inn. star. ~ a~1.~97, snba. r(a). The financial report, or a summary of the report, must be published using the state auditor's recommended form in a qualified newspaper of general circulation in the city. If there is no newspaper, the clerk must post copies in three of the most public. places in the city. This rriust be done no later than 30 days after the report is due to the Office of the State Auditor. E. Municipal liquor financial statement Minn. star. ~ 4zi.69as. Cities that operate municipal liquor stores must publish a balance sheet with a statement of liquor store operations within 90 days after the end of the fiscal year. At the option of the city council, the statement may be incorporated into the general financial reports published by the city. Minn. Stat. ~ d71b985,subd. ~. The statement must be written in clear and easily understandable language and must contain the following information: total sales, gross profits, profits as a percent of sales, operating expenses, operating income, contributions to and from other funds, capital expenditures, .interest paid, and debt retired. The state auditor prescribes the form and style of the statement. Minn. st;u. ~ 4~z.69ss, Sava. 2. Cities with stores having total sales in excess of $3.50,000 must submit within 180-days -after the close of the fiscal year audited financial statements to the state auditor attested to by a certified public accountant, public accountant or the state auditor. The state auditor may provide a time extension. F. Enforcement power of state auditor :Minn. star. ~ a~i.sv9. If a city fails to file a financial statement or report required under Ch. 471 by the due date, the state auditor is authorized to send personnel to the city or to contract with a private firm to complete and file the financial statement or report. The city will be charged for these expenses. If the city fails to pay these charges within 30 days of billing, the state auditor will notify the commissioner of finance, who will then deduct this amount from any state aids or shared taxes owed to the city. The state auditor's annual report on cities includes a list of all cities failing to file a financial statement or report. Please note: The state auditor will withhold state aid for cites that do not submit required financial statements or reports! Mian. Stns. g a~i.499s. A special exception to the deadlines for filing exists for cities located in areas that have been declared disaster areas. 82 League of Minnesota Cities _g~_ G. .City reporting under Minn. Stat. § 6.74 Minn. Brat. § (i.74. Cities are required to report their financial activities annually to the Office of State Auditor under Minn. Stat. § 6.74. The OSA .collects financial data that is used to provide uniform data to the Legislature, the Minnesota Department of Transportation, the U.S. Census Bureau, and other interested parties. See OSA financial reporting forms The OSA sends out reporting forms to city clerks to be used to collect financial under Minn. Stat. § 6.74: data. One form is for cities with audited financial statements prepared in GAAI'. accordance with generally accepted accounting principles (GAAP). Another cash Basis. form is sent to cities using the cash basis of accounting. Ir4inn. scat. § 6,7a. Cities should ensure the forms are filled out properly and returned promptly. Minn. Stat. § bs3. Anyone who refuses or neglects to obey lawful direction of the state auditor maybe guilty of a felony with a minimum penalty of $3,000 or imprisonment.. Completion of these forms pursuant to Minn. Stat. § 6.74 does NOT relieve cities of their responsibilities to prepare and publish financial statements under Minn. Stat. §§ 47].697, 471.698 or 471.6985. H. Development fee reporting Mann: scat. § tEB.eRS, Minnesota statute mandates an annual report to the state regarding municipal development and construction fees and costs associated with services related to these activities. The filing deadline is June 30, and cities that collect $5,000 or less in fees do not have to file this report. I. Other types of financial reports see Cn. 27 of tue League's In addition to statutorily required financial reports; cities may also prepare other t-landbook for Minnesota cities. kinds of financial reports. Cities prepare financial statements necessary for administrative and budgetary purposes, and financial statements used to inform the public about the city's financial condition. J. Audits Minn.,Stat. § 471.G47, sut~d. t. As noted above, all cities with a population over 2,500 must submit an audited annual financial report to the state auditor. Further, ali statutory cities that have a combined clerk-treasurer position must have an annual audit if city revenues Minn. Scat. § 4 [2581, suba. z, exceed $150,000 adjusted for inflation using the annual implicit price deflator. A4inn. Stat. § 413.0?, suUd: 3 (For 2007, the annual implicit price deflator (IPD) is 6.4187. If the city's revenues are less than threshold, an audit is required once every five years and the person doing the auditing will select the year to be audited. Guidelines for Preparing Ciry Budgets 2007 83 -92-