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B. Unfunded Mandates, Metro Cities Assn0 CITY OF CHANNASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.2271110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227, 1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.2271310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Mayor & City Council FROM: Todd Gerhardt, City Manager DATE: October 11, 2010 0 ' SUBJ: Unfunded Mandates and Metro Cities Presentation As a part of our Key Financial Strategies for 2010, Patricia Nauman, Executive Director of Metro Cities Association has been invited to attend the work session on Monday night. The primary objective of the Metro Cities Association is to be an effective voice for the member cities. She will discuss how the City of Chanhassen can play a larger role in communicating the needs of our region to the Legislature and Metropolitan Council. Attached is Chanhassen's list of unfunded mandates and Metro Cities' 2010 Legislative Policies for your review. My expectation for Monday's meeting is that we learn about the role, responsibility, and accomplishments of the Metro Cities Association; and to discuss Chanhassen's role in the organization and how we can help accomplish the policies developed by member cities. gAadmin \tg\metro cities assn.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow City of Chanhassen s� 2009 Unfunded Mandates Based on conversations with local legislators, the City of Chanhassen has developed a list of significant unfundedlunproductive State and Federal mandates. Minnesota Department of Health Testing Requirements: Daily - Fluoride and Free C12 at WTP (.25 hrs) - Fluoride and Free C12 at High Zone (.5 hrs) Monthly - Bacteriological Sampling (Contracted out $350 month) - Complete and send Fluoride report (2 hrs.) Quarterly - Fluoride samples for MDH analysis (2 hrs.) Annual - Nitrate sample for MDH analysis (lhr.) - THM sample for MDH analysis (lhr.) - Radiochem sample for MDH analysis (lhr.) - CCR, prepare and distribute to customers - Send copy of CCR and certification form to MDH Periodic - Escort MDH District Engineer (Ike) for well and/or WTP sampling (2 hrs., 3 or 4 times a yr.) - Escort MDH District Engineer (Ike) on well house inspection (6 hrs. annual) - Escort lab contractor in taking new construction bacteriological tests. (frequency varies) Past samplings required, not required in 2009: Radon, TOC Alkalinity, Water Quality (Lead and Copper) Reporting Requirements: - Annual Consumer Confidence Report, preparation and mailing costs. (Annual Cost of $1700) Metropolitan Council - I &I surcharge placed on the City that will cost $250,000 per year for the next three years. �j� _ l � l /7�1�r/O-le" - Costs to draft, solicit comments and submit for approval 10 -year Comprehensive plans. State of Minnesota - Recent changes to Eminent Domain state statue makes it harder, more time consuming and more expensive to acquire land for roadway projects. - Annual bridge inspection report. (Annual Cost of $5,000) - Annual certification of miles report. (Annual Cost of approximately $1,000 in staff time) - State mandated bidding requirements which include costly publication and delays in obtaining bids. The National Pollution Discharge Elimination System Program (NPDES) - The City of Chanhassen is required to get permitted under the NPDES as a result of the Clean Water Act. Requirements include: • Storm Water Pollution Prevention Plan (Costs for Required Erosion Control Inspections since 2003 - $50,235) • A Non - degradation Assessment (costs since 2006 - $33,658) - Section 103 /Impaired Waters - Minnesota Statute 103B / Comprehensive Surface Water Management Plan (Costs since 2006 - $184,642.53) - Minnesota Rules 8420 / Minnesota Wetland Conservation Act \ \cfsl \cfsl \Shared_Data\Admin \TG \Key Financial Strategies \2009 \Unfunded Mandates.doc Metro Cities -- Page 1 of 5 METRO C1 IES Association of Metropolitan Municipalities Search Gp General Government Home II -A Mandates & Local Authority Board of Directors Member Cities II -B City Enterprise Activities Legislature II -C Firearms on City Property Met council II -D 911 Telephone Tax Newsletter II -E 800 MHz Radio System Billtracker 2010 Legislative Policies II -F Building Codes Policy Committees and II -G Administrative Fines Members Metro Area Managers II -H Residential Care Facilities Association II -I Annexation Staff Questions, Comments or II -J Rental Housing Ordinance Enforcement Suggestions Site Map II -A Mandates & Local Authority In 2010 Legislative Policies: Metro Cities opposes statutory changes which erode local control and authority or create mandated additional tasks Municipal Revenue and Taxation requiring new or added local costs without a corresponding Taxation General Legislation state appropriation or funding mechanism. New unfunded Housing and Economic mandates potentially cause increased property taxes which Development impede cities' ability to fund traditional service needs. Metropolitan Agencies Transportation 11 -13 City Enterprise Activities Metro Cities supports cities having the authority to establish city enterprise operations in response to community needs, http:// www. metrocitiesmn .org /index.asp'.Type= B_BASIC &SEC ={ A70E88F&D09E- 4AE... 10/5/2010 Metro Cities -- Page 2 of 5 local preferences, state mandates or to ensure residents' quality of life. Creation of an enterprise operation allows a city to provide the desired service while maintaining financial and management control. The state should refrain from infringing on this ability to provide and control services for the benefit of community residents. II -C Firearms on City Property Cities should be allowed to prohibit handguns in city -owned buildings, facilities and parks. This would allow locally elected officials to determine whether to allow permit - holders to bring guns into municipal buildings, liquor stores, city council chambers and city sponsored youth activities. It is not Metro Cities' intention for cities to have the authority to prohibit legal weapons in parking lots, on city streets or city sidewalks. II -D 911 Telephone Tax Public safety answering points (PSAPs) must be able to continue to rely on state 911 revenues to pay for upgrades and modifications to local 911 systems, maintenance and operational support, and dispatcher training. State funding should also support the technology and training needed to provide the number and location of wireless and voice over internet protocol (Vol P) calls to 911 on computer screens and transmit that data to police, fire and first responders. II -E 800 MHz Radio System Metro Cities supports the work of the Metropolitan Emergency Services Board (previously the Metropolitan Radio Board) in implementing and maintaining the 800 MHz radio system, as long as cities are not forced to modify their current systems or become a part of the 800 MHz Radio System until they so choose. Metro Cities further urges the Legislature to provide cities with the financial means to obtain required infrastructure and subscriber equipment (portable and mobile radios) as well as provide funding for operating costs, since the prime purpose of this system is to allow public safety agencies and other units of government the ability to communicate effectively. II -F Building Codes In spite of the serious downturn in the construction economy, thousands of new housing units have been constructed annually in the metro area, and when the economy rebounds, building will resume. Structural and water intrusion problems have surfaced in many houses and commercial buildings built in the last 20 years. These problems have resulted in http://www.metrocitiesmn.org/index.asp?Type=B—BASIC&SEC=f A70E88F8- DO9E- 4AE... 10/5/2010 Metro Cities -- Page 3 of 5 dissatisfied homeowners and conflicts between the state, builders and cities. Metro Cities supports an equitable distribution of fees from the newly created Construction Code Fund, with proportional distribution based on the area of enforcement where the fees were received. Metro Cities further supports a joint effort by the state, cities and builders to collectively identify appropriate uses for the fund, including education, analysis of new materials and construction techniques, building code updating, building inspector training, development of performance standards and identification of construction "best practices." Metro Cities does not support legislative solutions that fail to recognize the interrelationships between builders, state building codes and cities. II -G Administrative Fines Traditional methods of citation, enforcement and prosecution have met with increasing costs to local units of government. The use of administrative fines is a tool to moderate those costs. Metro Cities supported the passage of the 2009 legislation giving cities the authority to issue administrative fines for defined local traffic offenses. Metro Cities continues to support cities' authority to use administrative fines for regulatory ordinances, such as building codes, zoning codes, health codes, and public safety and nuisance ordinances. Metro Cities supports the use of city administrative fines, at a minimum, for regulatory matters that are not duplicative of misdemeanor or higher level state traffic and criminal offenses. Metro Cities also endorses a fair hearing process before a disinterested third party. II -H Residential Care Facilities Sufficient funding and oversight is needed to ensure that residents living in residential care facilities have appropriate care and supervision, and that neighborhoods are not disproportionately impacted by high concentrations of residential care facilities. Under current law, operators of certain residential care facilities are not required to notify cities when they intend to purchase single - family housing for this purpose. Cities do not have the authority to regulate the locations of group homes and residential care facilities. Cities have reasonable concerns about high concentrations of these facilities in residential neighborhoods, and additional traffic and service deliveries surrounding these facilities when they are grouped closely together. Municipalities recognize and support the services residential care facilities provide. However, cities also have an interest in preserving balance http:// www. metrocitiesmn .org/index.asp?Type= B_BASIC &SEC= { A7OE88F8- DO9E- 4AE... 10/5/2010 Metro Cities -- Page 4 of 5 between group homes and other uses in residential neighborhoods. Providers applying to operate residential care facilities should be required to notify the city when applying for licensure so as to be informed of local ordinance requirements as a part of the application process. Licensing agencies should be required to notify the city of properties receiving licensure to be operated as residential care facilities. Cities should have statutory authority to require licensed agencies and licensed providers that operate residential care facilities to notify the city of properties being operated as residential care facilities. The Legislature should also require the establishment of non - concentration standards for residential care facilities to prevent clustering and require the appropriate county agencies to enforce these rules. 11 -1 Annexation The 2006 Legislature created the Municipal Boundary Adjustment Task Force to study and make recommendations on what, if any, changes should be made to the law governing municipal boundary adjustments. The task force was charged with developing recommendations regarding best practices annexation training for city and township officials to better communicate and jointly plan potential annexations. The report from the Municipal Boundary Adjustment Task Force to study and make recommendations on what, if any, changes should be made to the law governing municipal boundary adjustments was published in February of 2009. While the task force was able to define the differences between cities and townships on the issue of annexation, no significant advancements were made in creating best practices. Metro Cities supports continued legislative investigations into developing recommendations regarding best practices annexation training for city and township officials to better communicate and jointly plan potential annexations. Further, Metro Cities supports substantive changes to the state's annexation law that will lead to better land -use planning, energy conservation, greater environmental protection, fairer tax bases, and fewer conflicts between townships and cities. Metro Cities also supports technical annexation changes that have been agreed to by cities and townships. II -J Rental Housing Ordinance Enforcement In 2008, the Minnesota State Supreme Court ruled in Morris v. Sax that certain provisions of the city of Morris' rental housing code were invalid because there were subjects dealt with under the state building code and the city was attempting to http:// www. metrocitiesmn .org/index.asp?Type= B_BASIC &SEC ={ A70E88F8- D09E- 4AE... 10/5/2010 Metro Cities -- Page 5 of 5 regulate these areas "differently from the state building code." Minnesota Statutes section 1613.6s subdivision 1 states: "The state building code applies statewide and supersedes the building code of any municipality. A municipality must not by ordinance or through development agreement require building code provisions regulating components or systems of any residential structure that are different from any provision of the state building code." Metro Cities supports the creation of a task force by the Department of Labor and Industry to investigate a solution to ordinance and state building code conflicts. 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Call (651) 215 -4000 cities, comprising 90% of the region's or Email Us population, including the core cities, inner ring and developing communities, Upcoming Events before the State Legislature and Metropolitan Council Policy Committees: Metro Cities provides a forum for bringing city officials from across the region together to share ideas and experiences and works to foster open lines of communication between city officials and officials at the state and regional levels of government AA�Xe Transportation and General Government - Wednesday, Sept. 29, 11:30 - 1:30 p.m. Municipal Revenues and Taxation - Tuesday, Sept. 28, 11:00 - 1:30 p.m. Metropolitan Agencies - Wednesday, Sept. 29, 11:00 - 12:30 p.m. � 3 http:// www. metrocitiesmn .org/index.asp?Type =NONE &SEC ={ 9CF72413 -DE31- 4777 -A7... 10/5/2010 Metro Cities -- Metro Cities lobbies on a wide range of policies, over 60 in all, including transportation, local government aids and credits, wastewater, redevelopment and housing. 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