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Duluth Public-Policy Alliance

COMMON SENSE : Spring 2004

These articles are retained on the web for historical interest and do not necessarily reflect the views or goals of DPPA today.

What's new with Mayor Bergson?

By Tim Bearheart, DPPA board member

After the first few months of the new administration, changes are already evident in City Hall. One of the first tasks for the Mayor is the process of finding a new City Planner. Mayor Bergson has named a diverse committee (including DPPA's own Vicki Sanville) to review applications for this important position. The committee of about ten members includes a former mayoral candidate, members from Duluth's Planning Commission, a member from the American Indian Commission, local business owners, and other citizens from the community.

With the new administration comes a new focus and priority for diversity on all city boards and commissions. The Mayor has also named a new Advisory Committee, whose responsibility is to increase the number of minorities, women, young people, and citizens from all geographic areas of Duluth to serve on the many boards for Duluth. (The Advisory Committee reviews all applications for Duluth's Boards and Commissions and recommends appointments to the Mayor. To apply for a board or commission, call the city clerk at 730-5500).

Mayor Herb Bergson has also named Friday as his weekly community day, where he visits a school classroom each week, dines with tourists for lunch, tours a local business, and rides a bus with the DTA (Duluth Transit Authority). Herb's "Friday Community Day" has been very successful and popular; his schedule is already filled with school visits for the remaining school term. He's had lunches with visiting tourists and at various conventions; and has made many appearances in classrooms in Duluth. (A question students ask frequently to the Mayor: "How much do you get paid?")

Another change which is rapidly occurring in City Hall is an improved level of accessibility to the Mayor's Office. Citizens with questions or comments can usually expect their message to be heard, and often times quickly returned with a phone call or email from the Mayor himself. Although he is, at times, overwhelmed with communications, the Mayor typically stays late at City Hall to talk with citizens. You can reach Herb at 218-730-5230 or email him at hbergson@ci.duluth.mn.us.

The Importance of Tax Forfeited Land

By Nancy Nelson, DPPA member

What's all the fuss about tax forfeited land? What exactly IS tax forfeited land? Why should the DPPA care? After following this murky and confusing issue for several months, here is what I think I understand about it.

When taxes are not paid on privately-owned land, ownership reverts to the State of Minnesota. Tax forfeited parcels are managed by the County Board, which, according to Chapter 282 of the Minnesota Statutes, must classify each parcel as 'nonconservation' or 'conservation.' 'Nonconservation' lands can be sold at public auction while 'conservation' lands are withheld from sale. The statute does not specify how long land can remain in conservation.

For many years, Duluth has maintained thousands of acres of undeveloped tax forfeited land in conservation. Much of the land in Duluth's greenbelt is tax forfeited land, including portions of some parks (e.g., the upper portions of Lester Park). The city also uses this system to acquire land for public purposes such as stormwater management or road construction as well as to assemble larger land packages for possible development projects.

But for the last few years, the St. Louis County Board has taken the position that land cannot be kept in conservation for any length of time. The County Attorney's current interpretation of the state statute indicates that if the City wishes to hold on to tax forfeited parcels, the City must act within 6 months to permanently acquire the land. If the City does not act in that time period the land will be sold.

This is a new interpretation of the statute, and not everyone agrees with it. Other attorneys have interpreted the statute to indicate that the County's classification, reclassification, and sale of land must be approved by the City. But in the meantime, the Planning Department is moving forward on a review of all tax forfeited parcels within Duluth. This review begins with an evaluation by representatives of various city departments to determine whether the parcels should be preserved as open space, maintained for some other public purpose, or sold for development. After this committee reviews the parcels, their recommendations are shared at a public open house, then passed along to the Planning Commission and the respective neighborhood districts. This review is already underway for neighborhood districts 7, 8, and 9.

Former city planner Jerry Kimball, along with several DPPA members, met recently with city staff, county staff, and Mayor Bergson to question the rationale behind this process. Following that meeting, City Attorney Bryan Brown issued a memo that supports the City's role in approving the classification of tax forfeited lands.

While a thorough review of tax forfeited parcels may be needed, there are numerous reasons why the timing of the review is inappropriate. The City is currently searching for a new Director of Planning, the Planning Department does not have the resources for such a massive project, and decisions about the future of the tax forfeited land should be part of the comprehensive planning process. If the City follows the current time schedule, the review process will be completed by the end of 2004, long before a comprehensive plan is ready. Without a comprehensive plan, these decisions will be made without the context of a citywide vision.

The DPPA urges the City to challenge the County's interpretation of the statute that governs the sale of tax forfeited land. It is important that the City exercises its legal authority to object to the County's reclassification of land. Allowing the County to drive this process is endangering the purpose and long term value of the tax forfeited land conservation system.

Who is DPPA anyway?

By Patty McNulty, DPPA board member

Last summer, 24 DPPA members participated in a mail survey that was sent to all members. Here is a brief overview of how those members who responded viewed things involving City government during last summer's Mayoral campaign. In a way the survey tells us as much or more about DPPA than it does the Council. Our distribution among Council districts is interesting to note - Ed.

A majority (41.7%) of respondents learn about City Council actions by reading the Duluth News Tribune. 20.8% watch meetings on PACT, while 16.7% get their Council updates from radio or television news coverage.

Those who responded said they are most likely to attend a City Council meeting when an important issue is being discussed; 45.8%. Respondents were evenly split on how often they watch a council meeting with 20.8% who watch at least one time per month, 20.8% who never watch it, and 20.8% who watch when an important issue is being debated. The reason most often cited for not watching Council meetings was not having PACT available in their area, or not having cable television in their home.

KUMD also carries the Council meetings, but 37.5% of our respondents never listen to meetings on KUMD. 29.2% listen when there is an important issue being debated, and 12.5% listen less than once a month.

There didn't appear to be a great deal of interest in the Mayor's State of the City address. 58.3% of the respondents said they didn't attend and didn't watch it on television, while 16.7% said they watched it on television, and 8.3 said they attended the speech either "this year" (2003) or "last year" (2002).

Overall, DPPA member respondents felt there were serious problems in the relationship between the City administration and the City Council. Former City Planner, Mike Conlan was named most often in areas where respondents were asked to explain where there were problems. Current administrations changes might have solved some of the problems noted by the respondents, since most of the complaints concerned the previous administration. 87.5% of the respondents felt the City Council was more responsive to community concerns than was the administration, so I will not detail the complaints about the administration, as they seem irrelevant at this time.

DPPA respondents live in 4 of the City's 5 council district. Distribution was as follows:

41.7% in district 2

33.3% in district 3

12.5% in district 1

4.2% in district 4

8.3% weren't sure of their council district

Overall, respondents felt the City Council's performance was acceptable, with 37.5% rating it "good", 33.3% rating it "excellent" and 8.3% rating it "fair". Only 16.7% felt the Council's performance was "poor" or "very poor.

Our survey also asked about specific councillors, but since the make up of the council, and the administration has changed, it could be those impressions are no longer valid in any way.

We also asked how members felt about DPPA involvement: where should we focus more involvement, and what areas would members like to see DPPA not be involved. Most of the respondents wanted DPPA to focus on open government and accountability and get involved in the comprehensive planning process. At the same time, there was a clear message that DPPA should avoid partisan issues, and get more active in open government and bringing more people to the process.

DPPA welcomes the new crew

Some of the councillors and members mingling at DPPA's
      social event with the new Council and Mayor.

Some of the councillors and members mingling at DPPA's social event with the new Council and Mayor.

DPPA members were able to meet almost the whole Council, and Mayor Bergson, at our January social event at Fitger's. The focus was on informal discussion, but the Mayor did address the whole gathering. He identified fund raising in these economically lean times as one of the major challenges facing his administration. Another issue with some bearing on sustainable development, and a major challenge for the City - the EPA is requiring that WLSSD (the Western Lake Superior Sanitary District) crack down on overflow problems Duluth has during peak rain events. Unless significant progress, and hence significant expenditure, is made on this front very quickly, a development moratorium could be imposed. Bergson was very enthusiastic about the selection committee for the new Planning Director, which includes at least three DPPA members.

These articles are retained on the web for historical interest and do not necessarily reflect the views or goals of DPPA today.