HomeMy WebLinkAboutCity Council Resolution 2006-104CITY OF PLYMOUTH
RESOLUTION 2006-104
AUTHORIZING SUBMISSION OF
MANDATE RELIEF SUGGESTIONS TO THE STATE AUDITOR
WHEREAS, the Plymouth City Council has adopted a legislative priority which states, "The City
opposes any legislation that erodes local control or creates mandates without a corresponding
state appropriation or fiinding mechanism," and
WHEREAS, Minnesota Statutes 6.79 creates a new venue at the Office of State Auditor for
mandate relief ideas from local units of government; and
WHEREAS, the submitted proposals on mandate relief will be listed on the State Auditor's
website, thereby giving local governments another communication tool for expressing their
concerns on any given mandate; and
WHEREAS, the Plymouth City Council does not oppose the intent of the mandates listed, but
does object when the mandate erodes local control or impacts local government due to the
mandate being unfiinded or under fiinded.
NOW THEREFORE, BE IT RESOLVED that the Plymouth City Council requests that the
following mandates be considered for relief and/or be accompanied with a corresponding state
appropriation or fiinding mechanism:
Mandate
Statutory Citation
Comment
State sales and MVET on
M.S. 297A and 297B
Cities are required to raise, through
city purchases
property taxes or fees, adequate
revenue to pay the 6.5 percent sales tax
on most city purchases of goods and
services. In addition, cities must pay the
motor vehicle excise tax (MVET) on
vehicles such as road maintenance
vehicles, plows, dump tricks, etc. The
City does not oppose the intent of the
mandate, but rather objects if it erodes
local control or is unfunded or
underfunded.
Market Value Homestead
Each year since 2003, the State has not
Credit
reimbursed cities for the Market Value
Homestead Credit. To date, Plymouth
has lost more than $2 million in
promised reimbursements from the
state. In order to remove
unpredictability from budgeting and to
improve transparency, the City also
encourages the state to provide Market
Value Homestead Credit directly to
homeowners, rather than administering
the program through the cities. The
City does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Ordinance copies to law
M.S. 415.021
Cities are required to furnish copies of
libraries
any ordinances they adopt to the local
county law libraries and do not receive
reimbursement for reasonable copying
charges unless they make a request to
the library. The City does not oppose
the intent of the mandate, but rather
objects if it erodes local control or is
unfunded or underfunded.
Development and permit
M.S. 1613.685
Cities are required to report in detail all
fees report
fees collected relating to building and
development in their communities. In
addition, the report requires a
comprehensive identification of all costs
and expenses related to providing
services for those activities. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Development fees
M.S. 462
Requires fees imposed under M.S. 462
must be fair, reasonable and
proportionate to the actual cost of the
service for which the fee is imposed.
This requirement has added a level of
complexity to the calculation of local
development fees. The law also requires
cities to establish procedures to account
for the use of the fee. The City does not
oppose the intent of the mandate, but
rather objects if it is unfunded or
underfunded.
Truth-in-taxation
M.S. 275.065
State law requires cities to provide pre-
notification of property tax changes,
newspaper advertisements, multiple
special hearings, and compliance with
state riles. Cities must certify a
proposed levy amount by September 15
and, with few exceptions, are not
allowed to increase this amount. Cities
must also pay a proportional share of
the counties' costs of preparing and
mailing parcel specific notices. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Property tax personnel
M.S. 273.0755
Requires that every person licensed by
training
the state board of assessors at the
Accredited MN Assessor level or
higher shall successfully complete a
week-long MN laws course sponsored
by the Department of Revenue at least
once every four years. The City does
not oppose the intent of the mandate,
but rather objects if it is unfunded or
underfunded.
Training for local boards
M.S. 274.014
Requires that at least one member of
of review
the local boards of review must attend
an appeals and equalization course
developed or approved by the
commissioner of revenue. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Valuation and
M.S. 273.062
Requires notices for all properties on
classification notice
the tax rolls, not just for those that
were reassessed or reclassified that
year, requiring the notices to show the
market value and classification of the
property for both the current and
previous year's assessment and
authorizing the commissioner to specify
the form of the notice. The City does
not oppose the intent of the mandate,
but rather objects if it is unfunded or
underfunded.
Tax exempt property
M.S. 272.02
Many properties in cities are defined by
state statute as exempt from property
taxes imposed by the city. The use and
nature of these properties frequently
increase city costs (police, fire, road
maintenance, street lighting, etc.)
Examples include: state institutions
such as universities, hospitals,
corrections facilities, and other state-
owned properties. The City does not
oppose the intent of the mandate, but
rather objects if it is unfunded or
underfiinded.
Limitations on local
M.S. 429
Statutory restrictions are imposed on
special assessments
the uses, notices, hearings, bidding,
contracts, apportionment of cost,
assessment procedures, and collection
of special assessments. The City does
not oppose the intent of the mandate,
but rather objects if it is unfiinded or
underfiinded.
Local improvement
M.S. 429.031
Feasibility reports must contain
requirements
information showing the need and cost
effectiveness of a project. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfiinded or underfiinded.
Limitations on maximum
M.S. 609.033-0391
Statutory restrictions are placed on
penalties and fines
allowable penalties and fines for
ordinance violations, and petty and
gross misdemeanors. The City does not
oppose the intent of the mandate, but
rather objects if it is unfiinded or
underfiinded.
Pay equity, reporting and
M.S. 471.991-99
Personnel costs have been increased by
implementation
the state requirement that cities and
other local governments conduct job
evaluation studies, report on
implementation, and meet equitable
compensation standards as defined in
state riles. Local governments must
report to the Department of Employee
Relations (DOER) detailed reports. The
City does not oppose the intent of the
mandate, but rather objects if it is
unfiinded or underfiinded.
Workers' compensation
M. S. 176
Cities are responsible for enforcing
state requirements for workers'
compensation for local contractors and
licensees. The City does not oppose the
intent of the mandate, but rather objects
if it is unfiinded or underfiinded.
Public pensions — basic
M.S. 353.27
Cities are required to participate in the
and coordinated plans
state Public Employee Retirement
Association (PERA) that requires city
employer contribution rates of 5.53
percent for Coordinated plan members.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Public pensions — police
M.S. 353.65
Cities are required to participate in the
and fire plan
state PERA Police and Fire Plan that
requires a city employer contribution
rate of 9.3 percent. The City does not
oppose the intent of the mandate, but
rather objects if it is unfunded or
underfunded.
Continuation of health
M.S. 62A.17 and
Cities must comply with a state
and life insurance
M.S. 61A.092
requirement to offer continued health
coverage
and life insurance coverage to former
employees following voluntary or
involuntary termination. The City does
not oppose the intent of the mandate,
but rather objects if it is unfunded or
underfunded.
Prevailing wages paid on
M.S. 177.41 and
The state's Davis -Bacon requirements
public contracts
A.G. Op. 415c1
(prevailing wage requirements), as
interpreted by the Attorney General,
can increase the costs of city contracts.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Veterans preference
M.S. 197.447, 455,
Cities are required to give preferential
46,48, 481 and
treatment to veterans for hiring,
192.26
protection from discharge, fully paid
leave while challenging any discharge
or disciplinary action, and full salary for
up to three weeks for all city employees
serving in the military reserves or on
active duty. The City does not oppose
the intent of the mandate, but rather
objects if it is unfunded or underfunded.
Mandatory binding
M.S. 179A.16, .18
Employee classes such as peace officers
arbitration
and firefighters are not allowed to
strike. Rather, cities are mandated to
comply with the compensation and
benefit determinations of an appointed
arbitrator. The City does not oppose
the intent of the mandate, but rather
objects if it is unfunded or underfunded.
Peace officer standards
M.S. 626.84-863
Cities are required to assure that their
and training
public safety personnel complete
mandated pre -service and continuing in-
service training to maintain licensed law
enforcement officer status. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Temporary detention
City facilities for temporary holding of
facilities/detoxification
persons who have been arrested must
centers
meet state standards for the building
and its maintenance. The City does not
oppose the intent of the mandate, but
rather objects if it is unfunded or
underfunded.
Confined space entry
State and federal standards are imposed
for situations where a confined space
(such as a manhole) is entered. For
example, there is a requirement that a
minimum of two employees are present
whenever a confined space is entered.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Animal control
M.S. 346, 347
State regulations set standards for
facilities used for animal control,
procedures for apprehending animals
and minimum holding periods. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
First responder and
State reimbursement for these public
firefighting by city
safety services does not adequately
employees on state
cover the costs of performing these
highways
services. The City does not oppose the
intent of the mandate, but rather objects
if it is unfunded or underfunded.
800 megahertz radio
M.S. 473.891-.905
Metro -area cities must implement plans
system
for regional public safety radio
communications system. The City does
not oppose the intent of the mandate,
but rather objects if it is unfunded or
underfunded.
Suspense file reduction
M.S. 299C.10-11
Requires peace officers and community
corrections agencies to immediately
collect identifying information relating
to persons arrested or appearing in
court on certain charges. Information
includes fingerprints and known aliases.
Identification data must be furnished to
the Bureau of Criminal Apprehension.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Continued health
M.S. 299A.465
Cities are required to continue health
insurance for injured
benefits to police officers and
public safety officers
firefighters injured on duty, and their
dependents, until age 65, even if they
gain other employment and health
insurance coverage. Initially, the state
reimbursed cities for the full costs to
comply with this requirement, but has
not done so for several years. If the
state cannot meet the obligation, the
mandated payment by the employer
should be eliminated, funded by the
state, or have the PERA fiend the costs
from the retirement fiend. The City does
not oppose the intent of the mandate,
but rather objects if it is unfunded or
underfunded.
Peace officers post
M.S. 299A.411
Cities are required to provide benefits
traumatic stress syndrome
to police officers and firefighters
benefit
disabled by a psychological reaction to
a traumatic event that occurred on
duty. The law requires the employer to
provide payment of lost wages and
medical treatment for up to one year.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Fine distribution
M.S. 357.021
State law defines the distribution of fine
revenues collected from violators of
state laws. Although local law
enforcement costs have risen in recent
years, the portion of fine revenues
distributed to cities has not been
adjusted. In addition, steep increases in
state -imposed traffic citation surcharges
have resulted in more court challenges
to citations and increased local
prosecution costs. The City does not
oppose the intent of the mandate, but
rather objects if it is unfunded or
underfunded.
Notification of liquor
M.S. 340A
Cities are required to notify the
licensees
Commissioner or Public Safety when
issuing various liquor licenses and
either have to certify to the sate or wait
for approval. The City does not oppose
the intent of the mandate, but rather
objects if it is unfunded or underfunded.
Sex offender notification
M.S. 244.052, Subd.
The law requires local law enforcement
4
agencies to disclose information
regarding sex offenders to the public.
Cities should be able to determine the
appropriate communications approach
to meet the needs of their community.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Sex offender registration
M.S. 243.166
The law requires sex offenders to
register their residences with local law
enforcement agencies. Local law
enforcement agencies should be able to
determine the specific monitoring
method. The City does not oppose the
intent of the mandate, but rather objects
if it is unfiinded or underfiinded.
Minor residential
M.S. 16B.63
State law limits permit fees to $15 or
improvements
five percent, whichever is greater, for
improvement, installation or
replacement of a residential fixture or
appliance that does not modify electric
or gas service, has a labor cost of $500
or less, and is done by the homeowner
or a licensed contractor. The City does
not oppose the intent of the mandate,
but rather objects if it is unfiinded or
underfiinded.
Building code
M.S. 16B.65
Cities are given specific direction on
administration
how to designate a certified building
official who is responsible for code
administration in the city. The City does
not oppose the intent of the mandate,
but rather objects if it is unfiinded or
underfiinded.
Job reference liability
Chapter 173,2004
Regulates city disclosure of
Session Laws
employment information regarding
current and former employees,
requiring that disclosure procedures
and policies be implemented to assure
that information provided is complete
and accurate; that disclosure of
information regarding acts of violence,
etc., are to be provided only in writing;
that the city obtain authorization from
current or former employees to the
release of such information prior to
disclosing public personnel data,
evaluates conduct prior to separation
and employee responses, employee's
personnel record and reasons in writing
for employment separation; and provide
current and former employees by mail a
copy of employment information
disclosed and to whom it was disclosed.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Compliance with new
Chapter 290, 2004
Compliance with new data practice
data practices
session laws
government data classifications such as
classifications
payroll time sheets or other data that
would reveal city of residence of
current and former employees,
volunteers and independent contractors;
etc. The City does not oppose the intent
of the mandate, but rather objects if it is
unfunded or underfunded.
Compliance with federal
Chapter 293, 2004
Cities are required to comply with
Help America Vote Act
Session laws
HAVA voter registration, absentee
voting, military and overseas voter
record reporting procedures as well as
with assisted voting equipment
requirements. Cities that administer
absentee voting are to be open
extended hours the day before election.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Conduct of Elections
M.S. 205
State requirements determine when and
how cities conduct elections. These
laws apply to regular and special
elections, the timing of the elections,
publication and posting of the election,
the hours that polls are open, the
number and salaries of election judges,
state -certified voting equipment, time
lines for testing of equipment,
preparation of ballots, absentee ballot
procedures, location of polling places,
and same-day voter registration.
Although all requirements are from the
State, no reimbursement is made for
costs incurred. The City does not
oppose the intent of the mandate, but
rather objects if it is unfunded or
underfunded.
Election judges
M.S. 20413.22
Head election judge must be present in
the polling place all day; other judges
may serve shifts. Head election judges
must obtain additional training.
Required party designation and other
requirements for election judges make it
difficult to obtain judges. The City does
not oppose the intent of the mandate,
but rather objects if it is unfunded or
underfunded.
Absentee ballots for
M.S. 203B.16-17
Overseas voters may submit absentee
overseas voters
ballot applications by fax or email (if
Secretary of State determines that
security concerns have been addressed)
as well as in writing, meaning that local
election administrator must set up a
process for receiving and processing fax
and email absentee applications and
mailing out ballots, return envelopes,
and postage to voters outside the U.S.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Absentee ballots for
M.S. 203B.16-17
Local election administrators must
subsequent elections
automatically arrange to mail out
absentee ballots for any general or
special election for the remainder of the
calendar year to overseas voters who
previously applied for an absentee
ballot for the primary that year. The
City does not oppose the intent of the
mandate, but rather objects if it is
unfimded or underfimded.
Recounts
M.S. 204C.35
State law imposes requirements on
when automatic recounts must be
conducted. The City does not oppose
the intent of the mandate, but rather
objects if it is unfiinded or underfiinded.
Wetlands
The Wetland Conservation Act must be
administered by a city, county, or other
local government unit. The City does
not oppose the intent of the mandate,
but rather objects if it is unfiinded or
underfunded.
Solid waste management
State law specifies the existence and
parameters of local recycling programs,
waste collection practices, etc. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Drinking water standards
State and federal regulation of drinking
water requires frequent testing and
reporting to assure adherence to
standards. The City does not oppose
the intent of the mandate, but rather
objects if it is unfunded or underfunded.
Surface water
M.S. 103
Cities are required to participate in the
management
development and costs of a
organizations or plan
comprehensive water management plan.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Minnesota Clean Indoor
M.S. 144.411-17
Cities are required to comply with and
Air Act
enforce the act within public buildings.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
NPDES Phase II
Federal Clean Water
Cities are faced with significant
Permitting
Act, Minnesota Rules
unknown costs related to NPDES
7050
Phase II permitting. The City does not
oppose the intent of the mandate, but
rather objects if it is unfunded or
underfunded.
Surface waters
M.S. 1031)
Watershed districts have been
authorized by the state to draft and
make riles regulating surface waters.
This puts an unfunded mandate on
cities with no legislative review or
oversight. The City does not oppose the
intent of the mandate, but rather objects
if it is unfunded or underfiinded.
Land use planning
M.S. 473H
Cities in the seven -county metro area
are required by the state and the Met
Council to have a comprehensive land
use plan. The City does not oppose the
intent of the mandate, but rather objects
if it is unfunded or underfiinded.
State zoning standards
M.S. 463.365
Local zoning decisions for
manufactured homes, group homes,
earth -sheltered homes etc., are limited
by the state. The City does not oppose
the intent of the mandate, but rather
objects if it is unfunded or underfunded.
Uniform building code
M.S. 13
Cities are required to adopt and enforce
a state uniform building code which
regulates heating, ventilation, energy
conservation, electric, fire standards,
and plumbing. Handicap accessibility is
one of the requirements which must be
assured for public buildings. Cities no
longer receive excess building code fees
to help train local building officials. The
City does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Flood plain management
M. S. 104.04
The commissioner of natural resources
is authorized to require and approve
local government reporting on flood
plain management ordinances. Costs
associated with imposing local
ordinances are borne by the local
governments. The City does not oppose
the intent of the mandate, but rather
objects if it is unfunded or underfunded.
Shoreland regulations
M.S. 104.485
The commissioner of natural resources
is authorized to require and approve
local government reporting on
shoreland management ordinances, and
monitor ongoing land use in the vicinity
of the shoreland. The City does not
oppose the intent of the mandate, but
rather objects if it is unfunded or
underfunded.
Municipal state -aid roads
M.S. 162.09 and
Cities must comply with standards in
MnDOT riles
order to receive reimbursement for
funding for constriction and
maintenance of certain roads. These
standards can result in overbuilding city
streets. Many items, such as full signals,
landscaping, pre -engineering, and
certain legal costs are not eligible for
compensation. The City does not
oppose the intent of the mandate, but
rather objects if it is unfunded or
underfunded.
Seasonal weight
M. S. 169
State law provides exemptions to
restrictions
seasonal gross weight limits for specific
vehicles, including vehicles transporting
mills, recycling and garbage, forest
products, certain agricultural products
and utility vehicles. These exemptions
sometimes result in wear and damage
that shortens the life span of local
roads. The City does not oppose the
intent of the mandate, but rather objects
if it is unfunded or underfunded.
Biodiesel fuel mandate
M.S. 239.77
Requires that fuel sold in the state for
use in internal combustion engines,
contain a minimum of two percent of
biodiesel fuel by volume. This
requirement could increase fuel costs
and/or maintenance costs for affected
vehicles or fueling stations. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Minncor
M.S. 1613.181
A state law requires the state and all
political subdivisions to purchase only
from MINNCOR when purchasing the
products that MINNCOR produces.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Non -visual technology
M.S. 16C.145
A state law mandates the state and all
political subdivisions to require all
technology hardware and software
purchases and upgrades to satisfy non -
visual technology standards that exceed
the America Disability Act (ADA)
requirements. This mandate requires the
purchase of technology that is either
not yet available or is cost prohibitive.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Street lighting
M.S. 216C.19
State law requires all new and
replacement lighting for street and
parking lot lighting to meet energy
efficiency standards adopted by the
Department of Transportation. The
City does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
State record retention
M.S. 13
State regulations determine what
schedule — Department of
records cities must keep and for what
Administration
length of time. Requirements include
storage time ranging from one year to
infinity. The City does not oppose the
intent of the mandate, but rather objects
if it is unfunded or underfunded.
Minnesota Government
M.S. 13
Nearly all government data is
Data Practices Act
considered to be "public" under the
Minnesota Government Data Practices
statutes and public access to and
reproduction of this information is
required. The costs and fees charged by
cities are minimal and limited. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Data practices act
M.S. 13.03
The data practices act should allow the
timelines
use of normal discovery procedures and
timelines, instead of data practices
timelines. Most onerous data practices
requests come out of litigation
situations, and cities must respond to
both the data practices requests and the
discovery, which is duplicative. The
City does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Open meeting law
M.S. 471.705
Cities are generally required to open all
meetings to the public. State law
includes specific requirements for
meeting notices, agendas, and minutes.
Unlike the Legislature, city officials
may be sued for alleged violations. The
City does not oppose the intent of the
mandate, but rather objects if it is
unfiinded or underfiinded.
Competitive bidding
M.S. 471.345
The uniform municipal contracting law
M.S. 429.041
contains extensive regulation of the
requirements for the advertising of and
bidding on municipal contracts. Newer
methods, such as "reverse on-line
auction" and design -build options are
not allowed. The City does not oppose
the intent of the mandate, but rather
objects if it is unfiinded or underfiinded.
Home rile city charters
M.S. 410
State regulations are provided for the
framing, adoption, and amendments to
the charter, and the operation of the
charter commission. The City does not
oppose the intent of the mandate, but
rather objects if it is unfunded or
underfunded.
Tax increment district
M.S. 469.175
Comprehensive and detailed annual
reporting requirements
reports of each TIF district are required
and they must be provided by cities to
County Boards, County Auditors,
School Boards, and the State Auditor.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Business Subsidy
M.S. 1161993-995
Local governments providing business
Reporting
subsidies or financial assistance are
required to submit information to the
DEED for two years after the benefit
date, or until the goals are met,
whichever is later. The City does not
oppose the intent of the mandate, but
rather objects if it is unfiinded or
underfimded.
Securing vacant buildings
M.S. 463.251
Notice must be sent to the owner or
owner's agent, the property taxpayer of
record, holders of mortgage or sheriffs'
certificates, and the neighborhood
association in the metro area. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfimded or underfimded.
Publication requirements
M.S. 412.191
There are many statutory requirements
M.S. 410.021
for publication in a city's "official
M.S. 412.221
newspaper." Cities should be allowed
M.S. 412.301
to use electronic or city newsletter
M.S. 412.311
publication as an alternative to
M.S. 443.30
traditional requirements. Also, summary
M.S. 275.065
publication or condensed format should
M.S. 275.07
be allowed for such requirements as
summary budget, publication of TIF
information, annual financial report,
truth-in-taxation hearing notice,
publication of ordinances, officer
salaries, proposed contracts, and tax
levy adoption. The City does not
oppose the intent of the mandate, but
rather objects if it is unfiunded or
underfimded.
State building code
M. S. 16B
The State Building Code is comprised
amendment process
of several model codes that are
published in new codebooks every three
years. The cost of purchasing new
codebooks and the related training
could be reduced if the State would
modify its code cycle to 5 or 6 years.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Plan review requirement
Most large building projects carry a
for building plans with
Minnesota engineer's stamp; however,
engineer's stamp
plan review is required by licensed
building officials. This should be
reviewed to determine if plan review is
necessary for all such plans. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Surface water
The responsibility for surface water
management
management currently overlaps among
many different levels of government.
This should be streamlined. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Noxious weeds
M.S. 18.80
Cities are required by statute to control
noxious weeds. The City does not
oppose the intent of the mandate, but
rather objects if it is unfunded or
underfunded.
Utility locate requirement
Cities are required to locate utilities,
including utility lines on private
property. Cities have incurred increased
costs for additional Gopher State One
Call services. The City does not oppose
the intent of the mandate, but rather
objects if it is unfiinded or underfiinded.
Liquor license fees
M.S. 340A.408
Liquor licensee fee limits have been
M.S. 340A.504,
established for cities. Cities are unable
subd. 3c
to recover fiill costs of licensing and
enforcement due to these caps. The
City does not oppose the intent of the
mandate, but rather objects if it is
unfiinded or underfiinded.
State auditor — TIF
Limit the state auditor's ability to
districts
comment, question, and audit TIF
districts to the past ten years. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Timelines for legal notice
Cities are required to provide legal
notice for a specific number of days for
various items. Timelines should be
reviewed to ensure they are needed and
streamlined to ensure that the timelines
are not the cause of delays. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Zoning deadlines
M. S. 15.99
State law currently requires cities to
maintain sufficient staffing to meet 60-
day deadlines for approving zoning
applications. Cities should be able to
determine their own staffing and
processing priorities. The City does not
oppose the intent of the mandate, but
rather objects if it is unfunded or
underfunded.
Tobacco compliance
M.S. 461.12
The state requires annual unannounced
procedures
compliance checks involving minors at
each location where tobacco is sold
within the city. Cities should be able to
determine the manner of enforcing
compliance and may elect to adopt
alternative incentive programs. The
City does not oppose the intent of the
mandate, but rather objects if it is
unfiinded or underfiinded.
Liability
M.S. 466
The State's joint and several liability
statutes should be amended to reduce
the chances that local units of
government are brought into litigation
solely because they are government
entities with access to revenues. The
City does not oppose the intent of the
mandate, but rather objects if it is
unfiinded or underfiinded.
Product liability
Provide protection for public water
suppliers from product liability law suits
in an incident where they have met all
regulations. The City does not oppose
the intent of the mandate, but rather
objects if it is unfiinded or underfiinded.
Notification of crime
M.S. 611A
Requirements for notification to crime
victims
victims result in increased local costs.
The City does not oppose the intent of
the mandate, but rather objects if it is
unfunded or underfunded.
Frequency of assessment
The frequency of inspection by local
assessors for property valuation
purposes should be reviewed. It was
recently changed from a 3 to 4 -year
cycle. Further extension to a 6 or 8 -
year cycle could significantly reduce
city costs. The City does not oppose
the intent of the mandate, but rather
objects if it is unfunded or underfunded.
Homestead classification
Administering the homestead
classification is costly to the city. The
financial difference between homestead
and non -homestead properties has been
reduced much in recent years. A review
of this classification should be done to
consider whether it should be
eliminated, extended to all residential
property, administered at the state level,
or verified every other year rather than
annually. The City does not oppose the
intent of the mandate, but rather objects
if it is unfunded or underfunded.
Modify police reporting
Numerous mandatory law enforcement
requirements
reports require substantial staff time
and should be reduced to only those
essential for public safety as opposed to
research data collection. Local police
are required to file reports on bias
crimes, pursuits, statistical crimes,
record expungement, alleged
misconduct by officers, law
enforcement accidents, license
applications, reports on number and
gender of officers, etc. The City does
not oppose the intent of the mandate,
but rather objects if it is unfiinded or
underfiinded.
Debt reporting
M.S. 471.70
State law requires cities to annually
report their amount of outstanding
obligations. This requirement duplicates
the consolidated annual financial report
(CAFR) requirement and could be
Adopted by the Plymouth City Council on February 28, 2006.
eliminated with no effect on financial
management. The City does not oppose
the intent of the mandate, but rather
objects if it is unfunded or underfunded.
Dangerous dog restriction
M.S. 347.51
State law mandates specific procedures
and reporting
for dangerous dog process and
reporting. The City does not oppose the
intent of the mandate, but rather objects
if it is unfunded or underfunded.
Staff present at burial
The requirement that city staff be
present at a burial at a municipal
cemetery should be eliminated. The
City does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
PERA eligibility
The current threshold for PERA
requirements
eligibility is very low, $425 per month.
The threshold should be considered for
adjustment to a higher earnings test or
to some type of minimum hours worked
requirement. The City does not oppose
the intent of the mandate, but rather
objects if it is unfunded or underfunded.
First aid equipment
M.S. 169.753
Under state law, every patrol vehicle is
required to carry a specified list of first
aid equipment. The City does not
oppose the intent of the mandate, but
rather objects if it is unfunded or
underfunded.
Streamline police training
Minnesota Rules
The state requires training on pursuit,
requirements
6700.2700-4
use -of -force, and first aid. Cities should
be able to determine the appropriate
extent and frequency of the training
necessary for their officers. The City
does not oppose the intent of the
mandate, but rather objects if it is
unfunded or underfunded.
Adopted by the Plymouth City Council on February 28, 2006.