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Response: Turnbacks should not occur <br />without direct funding or transfer of a <br />funding source. A process of negotiation <br />and mediation should govern the timing, <br />funding, and condition of turned -back <br />roads. Agreements should be negotiated <br />and finalized before work on a project <br />requiring a turnback begins. City <br />taxpayers should receive the same <br />treatment as township taxpayers. The <br />requirement for a public hearing, <br />standards about the conditions of <br />turnbacks, and temporary maintenance <br />funding should also apply to county <br />turnbacks to cities. At a minimum, roads <br />that are proposed to be turned back to a <br />city government should be brought up to <br />the standards of the receiving <br />government, or that city should be <br />compensated with a direct payment. <br />Direct funding should be provided for <br />smaller cities that are not provided with <br />turnback financing through the <br />municipal state aid system. <br />LE -37. MnDOT Rights -of -Way <br />Maintenance <br />Issue: Maintenance of property, including <br />government property and facilities, is <br />important to public safety and to the image <br />of Minnesota cities. Cities are acutely aware <br />of the responsibility they have for enforcing <br />property maintenance codes pertaining to <br />grass mowing, noxious weed abatement, the <br />placement of trash in yards and fence <br />maintenance. <br />Minnesota has many miles of highways that <br />run through cities. In recent years, the <br />Minnesota Department of Transportation <br />(MnDOT) has cut a substantial percentage <br />of its rights-of-way management staff. The <br />cuts have resulted in reduced maintenance <br />along some corridors and on parcels <br />acquired by MnDOT for transportation <br />purposes. Specifically, MnDOT has reduced <br />the frequency of mowing, litter collection, <br />noxious weed abatement, graffiti abatement <br />and repair of fences and guard rails. This <br />maintenance reduction has created public <br />safety concerns, undermined efforts to keep <br />corridors attractive and presented challenges <br />for communities working to promote <br />economic development. <br />Response: MnDOT must maintain state <br />rights-of-way and parcels acquired by <br />MnDOT for transportation purposes <br />located within city limits in a manner <br />consistent with local ordinances <br />governing the upkeep of private property <br />when requested by the city. Alternatively, <br />MnDOT should reimburse Minnesota <br />cities for the labor, supplies, and <br />equipment necessary to maintain state <br />rights-of-way to meet city standards <br />and/or minimize public safety hazards. <br />The Legislature must provide MnDOT <br />with adequate funds to maintain state <br />rights-of-way. <br />LE -38. Funding for Non -Municipal <br />State Aid City Streets <br />Issue: Minnesota has over 141,000 miles of <br />roadway, and more than 22,500 miles—or <br />16 percent --are owned and maintained by <br />Minnesota's 853 cities. <br />The Minnesota Constitution limits eligibility <br />for dedicated Highway User Tax <br />Distribution Fund dollars to up to twenty <br />percent of streets in cities with populations <br />over 5,000 (147 of 853 cities). This means <br />almost 85 percent of municipal streets are <br />ineligible for municipal state aid (MSA) <br />funds and must be paid for with property <br />taxes and special assessments. Funding <br />challenges are compounded by city cost <br />participation requirements in state and <br />county highway projects, which divert <br />resources from city -owned streets. <br />League of Minnesota Cities <br />2016 City Policies Page 70 <br />