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2004-02-20 Friday NewsTL .i The Friday News -- February 21, 2004 City Engineer Hired At Tuesday's meeting the City Council hired Susan McDermott to be the City's new City Engineer. Sue is currently the City Engineer for Prior Lake. She will start work at Mendota Heights on March 8"'. When checking Sue's references I was extremely pleased to hear all of Sue's references tell me what a wonderful person she was in every area, her work abilities, her attitude and her personality. Sue is from Chicago and has also been in Phoenix, Arizona and Denver, Colorado. She has been in Minnesota since 1991. Sue has a trip planned for Germany this Summer that she is very excited about, and as part of hiring her the City Council said that they would still let her go on that vacation. That vacation should be fun for her, and us too, when we hear about all her stories when she returns. TH 110/TH 13 Traffic Signal Studied The operation of the traffic signal located at the irrtersection of TH 110 and TH 13 has been an area of concern for the City Council -- particularly after some serious accidents have occurred there. Mr. Steve Misgen, MnDOT Traffic Engineer attended last Tuesday's City Council meeting to discuss the operation of that signal with Council. The results of a study conducted by MnDOT concluded that these traffic lights did not warrant any changes. (In spite of the fact that there have been some serious accidents there, the number of accidents occurring at the intersection are below average for all signals). The main concern of Council about the signal was the operation for EB TH 110 traffic turning left on to TH 13. Mr. Misgen described the operation of that left turn signal arrow and how recent traffic signal equipment allows signal phases and operations to function differently at different times of the day, and under different traffic demands. Council felt that this variable operation was probably the cause for concern. Council asked Mr. Misgen to investigate whether he could make the left turn signal phase operate consistently at all times, and if he could reduce the maximum duration of the red left arrow. Street Reconstruction 2004 Marc Mogan presented to Council Tuesday evening the Somerset area neighborhood (located north of Emerson Avenue and between the intersection of Dodd Road and Delaware Avenue) as the City's 2004 Street reconstruction neighborhood. Council accepted Marc's report and ordered a public hearing to consider the proposal to be held the second meeting in March (March 16"'). There are 2.4 miles of existing streets in this neighborhood affecting 10.5 homes. The condition of the streets in this neighborhood is terrible, we hope that the homeowners agree and are supportive of this project. Respectfully Submitted, James E. Danielson Administrator Attachments: Pipeline, Just the Facts, Planning Commission agenda, Pioneer Press Articles "U.S. Congress: Bataglia vows to run in 4°i District", `Burnsville, Minneapolis -St. Paul International Airport: Runway noise to increase" &. Mendota Heights, West St. Paul: Too much firefighting clout?, SouthWest Review article "Pilot Knob landowners, developer sue MH. N EWS• LETTER The Pipeline Public Works Engineering February 19, 2004 Code Enforcement Public Works Rich Burrows responded to a power outage at the Veronica Lane lift station on Thursday morning. Upon arrival he determined that Xcel Energy would have to be called out to climb the power pole in order to restore power to the lift station. Power to the lift station was restored later that morning. The Street Crew repaired a bent trough on sander of truck #304. They put cold mix in potholes on Mendota Heights Road, the Industrial Park, Ashley Lane, Beebe Avenue, Sylvandale Road and Emerson Avenue. They exposed the catch basins on Marie Avenue and Sylvandale Road to capture snowmelt and the rainfall that had been predicted. They had to pick up a boulevard tree that was knocked down on Decorah and Dodd Road. A front end loader owned by Hardrives was driving down Dodd Road, ran out of fuel, lost power and steering, and then unsuccessfully tried to make a turn onto Decorah Lane and obliterated a boulevard tree in the process. Engineering The Engineering Department hosted a preconstruction meeting on Tuesday afternoon with Magney Construction who is the general contractor for the Mendota Heights Road Lift Station Rehabilitation project. The electrical control and sheet metal subcontractors are key suppliers of equipment and expertise in the project and they were represented at the meeting. Marc Mogan, Tom Olund, and Rich Burrows were present from the City. Anne Phares presided on behalf of Barr Engineering who had been hired by the City as a consultant for this project. They will begin ordering equipment, controls and pumps now, and plan to start work in the lift station in mid April. Project completion is scheduled for July 15th. Marc Mogan attended a workshop on Wednesday sponsored the U of M Extension Service that presented ideas and strategies for meeting the public education requirements of the Minnesota Pollution Control Agency NPDES Phase II Storm Water permit. Code Enforcement It was encouraging to note that the contactor hired by Roschon Corporation to complete the excavation related with foundation construction of row house building 2 on Oak Street in Town Center started moving dirt this past week. February 20"', 2004 TA Mix 4 0--P 11104$-14 f 1.e4lkU Ht4141 plo ct NAA411444 Yvette Tillery The AOA US Marshals Office 02-12-2004 1219 hours Mendota Officer Eric Petersen and Sgt. Donn Anderson assisted the Heights United States Marshals Office by serving an arrest warrant. The determined that one of the cars had rear ended the other while it warrant was issued by the South Dakota Division and had a Police $40,000.00 bail for felony failure to pay child support. The Department suspect was arrested and jailed without incident. enough to pick her drivers license out of her wallet. She failed all 10-50 (Front end loader vs. tree) 02-13-2004 0910 hours Support Officer Eric Petersen responded to a property damage accident. Staff When he arrived he found out it was not your run of the mill Bekky Trost automobile accident. A front end loader had lost power and Cathy Ransom removed a 15 foot tall tree from the boulevard. Arrangements restricted "any use of drugs or alcohol invalidates license" due to were made with the public works supervisor to replace the tree in Police Officers ' the spring. 2000. She was transported to Dakota County to be charged with Sergeants Yvette Tillery Felony DUI 02-13-2004 1613 hours Lee Flanarich Officer Scott Patrick responded to the intersection of Dodd and Scott Patrick Wagon Wheel on motor vehicle accident. Upon arrival he Bobby Lambert determined that one of the cars had rear ended the other while it Eric Petersen Todd Rosse was stopped waiting to turn. The driver who crashed into the Tanner Spicer ` other car was obviously under the influence. She could not focus Chad Willson enough to pick her drivers license out of her wallet. She failed all Jeff vonFeldt of the SFST's on scene. At the MHPD a DRE (drug recognition Jennifer Hurst expert) was brought in and determined that drugs other than alcohol were also involved. After implied consent, the suspect Investigations agreed to provide a urine sample. Her drivers license was Mario Reyes restricted "any use of drugs or alcohol invalidates license" due to Brian Convery the fact that she had been convicted of DUI in 1997, 1999 and 2000. She was transported to Dakota County to be charged with Sergeants felony DUI. nnnn Andensn„ Neil Garlock 911 Call 02-14-2004 1222 hours John Larrive Officer Eric Petersen responded to a 911 call placed by a 16 Chief YOA male who was upset because mom took the keys to his Mile Jeep. It turns out that the day before he put 200 miles on the Aschenbrener Jeep that mom and dad paid for and provided the insurance on. He was advised that mom and dad's rules apply and not to misuse 911! -1- Issue # 10 February 20"', 2004 DAR / No Insurance 02-14-2004 1348 hours Officer Bobby Lambert stopped a speeder on 35E for 75 in 55 mph zone. The driver was identified by a valid (not for long) WI driver's license his MN license was revoked. The driver had borrowed the car from a friend he only knew by his first name. The car was towed to Southeast and the driver dropped at a telephone after receiving his citations. Underage Consumption of Alcohol 02-15-2004 0347 hours While officers were responding to an alarm, they spotted two cars leaving the area in a hurry. When Officer Tanner Spicer stopped the first car it was immediately apparent that the occupants were drinking. All of the occupants in the car appeared to be too young to be drinking. The driver was issued a citation for allowing open bottle and the two underage parties were cited for underage consumption. All were released to a sober adult. Warrant Arrest / DAS 02-15-2004 1625 hours Officer Scott Patrick used the in squad computer to run a license check at the intersection of Hwyl 10 and 55. The license plates came back to a Chevrolet Corsica and were on an SUV. After stopping the vehicle Officer Patrick learned the driver was suspended and had an active felony warrant out of Hennepin County. The driver was arrested and transported to the Dakota County jail and the vehicle was towed to Southeast. 10-52 (car vs. pedestrian) 02-18-2004 1132 hours Officer Scott Patrick and Sgt. Donn Anderson responded to the north side of the Mendota Bridge to assist the MSP on a car versus pedestrian accident. The officers arrived to find the man down in the road suffering from multiple injuries; he had apparently spotted something on the other side of the road that he wanted to pick up and had attempted to cross the highway to retrieve the item. The officers assisted with first aid and the MSP wrote the accident. Medical Hold 02-18-2004 2230 hours Officer Jeff VonFeldt responded to assist with an out of control juvenile male. Upon arrival he found out that there were multiple extenuating circumstances. It was determined that for the safety of the youth a 72 medical hold for evaluation would be place on the young man. HealthEast transported him to Regions Hospital for evaluation. School Bus Stop Arm Violations Twice during the week MHPD Officers investigated school bus stop arm violations. These cases are misdemeanor violations and do not require a police officer to witness the offense. An officer may arrest or issue a citation on the violation even though they were not present when it occurred. The violation could be a gross misdemeanor if the driver passes a school bus with the stop arms extended on the right and children are present. Always stop at least 20 feet behind the bus and never pass while the lights are activated. For all the information on stop arm violations try the Minnesota State Statutes on the web at: 'http://www.leq.state.mn.us/lea/statutes.asp then type in 169.444. Have a great weekend. 9ndz& (D 1. Call to Order 2. Roll Call 3 11! CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA [a W-11 i! fill 110RI 6114[s] 14, February 24, 2004- 7:30 P.M. Approval of January 27, 2003 Planning Commission Minutes. Hearings a. Case No. 04-05: Klinglehutz Development - SW Corner of Hwy 13 & 55 - CUP for PUD, Subdivision, Variance, Wetland — Public Hearing 7:30 p.m. b. Case No. 04-06: Zoning Amendment — Industrial District - Public Hearing 7:45 p.m. 5. Verbal Review 6. Adjourn Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administration at 452-1850 with requests. U.S. CONGRESS: Bataglia vows to run in 4th District TwinCitiescorn Posted on Fri, Feb. 20, 2004 U.S. CONGRESS: Bataglia vows to run in 4th District BY AMY SHERMAN Pioneer Press Page 1 of 1 Dakota County Commissioner Patrice Bataglia said Thursday she will run against U.S. Rep. Betty McCollum, D -St. Paul, this fall if she gets the Republican endorsement. Bataglia, 53, said she filed her statement of candidacy Thursday, the first official step in a campaign. She declined to say whether she would run for the county board this fall should she fail to get the endorsement for the 4th District race. On the nonpartisan county board, Bataglia represents her city of residence, Mendota Heights, as well as Mendota, Lilydale and part of Eagan. Bataglia served on the School District 197 board before running for county board in 1992. A St. Paul native, Bataglia will try to drum up support at the March 2 caucuses in hopes of garnering the party endorsement in May. Any Republican challenger will face an uphill battle in the Democratic stronghold, which encompasses St. Paul, Ramsey County, northern Dakota County and western Washington County. The last time a Republican filled the seat was 1948. McCollum won re-election in 2002 with about 62 percent of the vote, beating Republican Clyde Billington who got about 34 percent of the vote. "The challenge in the 4th District for any Republican is to break the 40 percent ceiling. President Bush only received 37 percent in 2000, and this is going to be a much, much more difficult year for Republicans in the 4th District," said Bill Harper, McCollum's chief of staff. Pat Igo, chairman of the Republican's 4th District Committee, said he believes Bataglia is the candidate most likely to get the endorsement. Other likely contenders are Maplewood Mayor Bob Cardinal, who failed to get the endorsement in 2002, and Dr. Jack Shepard. An open seat on the county board is rare, and many candidates may seek the job: *Tom Egan, former Eagan mayor and current Metropolitan Council member, said a few weeks ago that he was considering a bid. He could not be reached for comment late Thursday. *Eagan Council Member Meg Tilley said she is considering a bid. Her seat on the council is up this fall. *Eagan Council Member Peggy Carlson also said she is seriously considering running. Amy Sherman covers Dakota County public safety and government. She can be reached at asherman@pioneerpress.com or 651-228-2174. i;; ")(iQd Pioneer Press and scue ?tr•. ice saarces All Ritthts I.rserned Itttp: %% t',inciticsiont http://www.twincities.com/mld/twiricities/news/local/79955 )4.htm?template=contentMod... 2/20/2004 TvAnCities_ com Posted on Fri, Feb. 20, 2004 BURNSVILLE, MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT: Runway noise to increase BY BOB SHAIN ?ieneer Press Minneapolis will be quieter and Burnsville noisier, according to a map of airplane noise patterns unveiled Thursday. The map of sound levels around the Minneapolis -St. Paul airport showed that when Runway 17-35 opens next year, a new area stretching southwest would be exposed to more racket. Bloomington and Burnsville, get your earplugs ready. But the new runway will relieve airport congestion on other runways, making life a little quieter in Minneapolis. The changes won't make much difference southeast of the airport in Eagan and Mendota Heights, The informational open house at the offices of the Metropolitan Airport Commission drew hundreds of homeowners, curious about the impact on their homes. One was Marna Garrett, who wants relief from the noise. The jets are so low over her Minneapolis house, she said, that "I can tell which of the Northwest pilots have halitosis." Nigel Finney, deputy director of the MAC, said officials measure airport noise in units called DBLs — an average of day and nighttime decibels, with more emphasis on night noise. As many homeowners learned, much depends on the word "average." A dynamite explosion in the living room, followed by an hour of silence, could yield an average equal to a person talking steadily for an hour. Finney said a DBL rating of more than 65 is deemed incompatible with housing — and many homes with ratings of 65 or higher have received noise -abatement treatments, such as sound insulation. Since 1992, the MAC has sound -insulated about 7,000 homes. It announced earlier this month that 500 more homes in Eagan might be eligible for the treatments. In a corner of a room filled with maps and computers, Jonathan Krown of Eagan was pressing MAC official Scott Skramstad about the accuracy of the maps. He said that his home in Eagan is far noisier than a rental property he owns in Minneapolis — even though the maps show the noise levels should be the same. The sound was oppressive, he said, and it took him more than a year to get used to it. Airport noise is by far the biggest problem in the northern part of Eagan, he said. Russell Schroedl, 67, Minneapolis, said the steady drumbeat of planes is like drip -drip of water torture, "especially when you are trying to talk on the phone." Most homeowners have lived with airport noise for years, and were familiar with the DBL ratings of their homes. "I'm 65, I know that," said Ellsworth Stein, who has lived in Mendota Heights for 43 years, as he looked at a map. He has had rattling dishes, and has seen his wife's spoon collection fall onto the floor, shaken by jet noise. But he and others have found a reason to love Minnesota's notoriously cold winters. "Winter is nice because your doors are closed," said Stein. In summer, he said, "There is no talking over your fence to your neighbor, though. That is gone." Bob Shaw can be reached at bshaw@pioneerpress. com or 651-228-5433. MENDOTA HEIGHTS, WEST ST. PAUL: Too much firefighting clout`? Page 1 ot'3 TwvinCitiescom Posted on Wed, Feb. 18, 2004 MENDOTA HEIGHTS, WEST ST. PAUL: Too much firefighting clout? BY BRIAN BONNER Pioneer Press In Mendota Heights, the city's volunteer firefighters hold an annual dance to supplement their $250,000 budget from local taxpayers. In neighboring West St. Paul, when their $1.6 million budget is threatened, the city's career firefighters come out swinging. "West St. Paul Your Safety Is At Risk!" the local firefighters union blared to citizens in advertisements and fliers last fall. "Do you think fire protection is an essential service? Do you think emergency medical services are an essential service?" The ad did the trick, whipping up public support and packing a Sept. 22 public hearing that helped persuade the City Council to forsake big changes in the fire department. The council, in fact, recently approved the hiring of three more firefighters — giving the department 17 firefighters, a chief and an assistant chief. But did firefighters also play a role in getting City Manager Bob Larson fired by the City Council? Larson had strongly questioned the need for a stand-alone, full-time fire service in a suburb with 20,000 residents, few fires and HealthEast ambulances to respond to medical emergencies. "I recommended some things a majority of the City Council didn't agree with," Larson said. The council majority that engineered his ouster has been mum about its reasons for getting rid of Larson, who leaves Feb. 29. Some, including Mayor Kevin Finnegan, denied it had anything to do with the budget. But Larson saw a trail of firefighters and other aggrieved municipal employees behind his exit. pie's not alone. Mike Bisanz, who served 12 years as West St. Paul mayor from 1988 to 2000, said city employees have been successful in achieving their aims through direct, behind -the -scenes contacts with City Council members. "This city has now fired three managers" in the last eight years, Bisanz noted. Disgruntled city employees had a role in dislodging Larson's two predecessors, and the circumstances surrounding Larson's departure suggest the same thing happened this time around, he said. "In West St. Paul, employee groups have always had a lot of power," said Bisanz, a developer who still lives and works in the suburb. Larson's predecessors were Bill Craig, who resigned in 1996, and Dianne Krogh, who left in 2001. Krogh, now assistant city manager in Robbinsdale, and Craig, now planning and development director in Springfield, Ohio, didn't dispute Bisanz's characterization of their forced departures. Krogh said employees in West St. Paul "have far more influence" over elected city officials than "in most places" she knows. "It's learned, entrenched behavior," Krogh said. "I'm certainly not going to argue with Mike Bisanz," Craig said. "He was close to the situation. He's a good source of information." When it comes to municipal employees, few wield as much clout — or resort to as many "scare tactics," as Bisanz put it — as local firefighters. Last fall's ad, he said, is a case in point. Take the ad's question: "Do you think fire protection is an essential service?" Bisanz said someone should have responded this way: "The cities of Inver Grove Heights, Mendota Heights, Eagan, Bloomington, Burnsville all manage with non -full-time fire departments. It's important to point out that our fire department is not in the business of fighting fires. The million -dollar fire department is basically an ambulance service. Most of the calls are ambulance - related." http://www.twincities.com/mldltwincitieslnewsllocal/7977625.htm?template=contentModuleslpri... 2/19/2004 MENDOTA HEIGHTS, WEST ST. PAUL: Too much firefighting clout? Page 2 of 3 Which leads to the ad's second question: "Do you think emergency medical services are essential services?" The truth is, Bisanz noted, HealthEast ambulances are required by law to respond to medical emergencies, provide advanced life support and transport seriously ill or injured patients to hospitals. West St. Paul firefighters are first responders with the secondary role of providing basic life support. "That's a scare tactic," Bisanz said of the ad. Even if firefighters didn't respond to medical calls, he said, "our people would be at no more risk than 90 percent of the metropolitan area. I don't think this is a safety issue." Finnegan, who came to office unopposed in 2002, denied that firefighters — or any other city employees — are calling the shots. "My citizens are telling me loud and clear 'We want a full-time fire department,' " Finnegan said. Support for the department, Finnegan said, is not stopping the City Council from pursuing a cost-saving consolidation with neighboring cities. Finnegan acknowledged he didn't like the firefighters' lobbying tactics last fall, but he saw no reason to make them a public issue. "I think there were some scare tactics. I got very upset," Finnegan said. "I talked to the fire chief, the union chief and said it was uncalled for. " The lobbying was effective, Finnegan conceded. "They know how to lobby," the mayor said. "They know how to get under the citizen's skin." John Voigt, president of the International Association of Firefighters Local 1059, denied his members had anything to do with Larson's ouster. Voigt also defended last fall's ads. "There was nothing in there that was not factual," he said. Bisanz said the firefighters' hardball tactics caused West St. Paul to miss an "honest, open conversation about whether this city can afford a full-time fire department." "I sat with a lot. of City Council members," Bisanz said. "There was a feeling almost universally, I would say, that a full-time fire department is an extravagance that ought to be looked at. Nobody politically wants to do it." In neighboring Mendota Heights and in many other suburbs, the situation is very different. Mendota Heights' paid on-call firefighters operate with a city budget of $250,000. While Mendota Heights has 8,000 fewer residents than West St. Paul, even larger suburbs spend less than West St. Paul. In fact, the state auditor reports that taxpayers in West St. Paul and neighboring South St. Paul pay among the highest per -capita costs for fire service in the metro area. Despite the difference in their fire budgets, Mendota Heights and West St. Paul have nearly identical fire -service ratings, a factor in homeowners' insurance rates. And Mendota Heights' firefighters take a different tack when it comes to community relations and raising money. Since 1947, firefighters in Mendota Heights have held an annual dance for equipment or uniforms. Last year's dance at the Prom Expo in Oakdale drew about 700 people and raised $15,000, Fire Chief John Maczko said. Before the event, Maczko said, firefighters go door-to-door to get to know the residents and sell tickets. While reluctant to comment on his West St. Paul counterparts, Maczko said his firefighters have never thought about distributing a flier that warns: "Mendota Heights Your Safety Is At Risk." "We know people care about their personal safety and their risk, and they feel pretty well protected," Maczko said. "We put a lot of emphasis on prevention and protection." Looking at the bigger picture, Bisanz said, the council's track record of dismissing three city managers in eight years is a troubling sign. It takes at least six months to find a new city manager, Bisanz said, and six more months for the person to get up to speed. He also wondered if West St. Paul could still attract a top-flight candidate under the circumstances. "Who wants to come to a city where every three years the manager is fired? I think it's a very poor way to run the city," Bisanz said. Finnegan disagreed. "I don't think the problem is with the way the city's run," Finnegan said. "I believe we'll have good qualified candidates to choose from." http://www.twiticities.con-i/mldltwincities/flews/localI7977625,htm?template=contentModuleslpri... 2/19/2004 Pilot Knob _ developer:�~ MH Seth Loy news editor Two Mendota Heights landown- ers and Minnstar Builders, a devel- oper looking to build 157 upscale townhomes on historic Pilot Knob, are suing the city, The lawsuit comes after the Men- dota Heights City Council voted late last year to require an Environmen- tal Impact Statement for the project, following a preliminary study and input from citizens and historical preservation experts. For the past year, concerned local residents, the Mdewakanton Dakota Community, historical preservation- ists and others have argued against the development, saying that it would irrevocably harm the cultur- ally important 25 -acre site, Pilot Knob, which overlooks the confluence of the Minnesota and Mississippi rivers, is more than a prominent hill with a scenic view. Some say the site marks the signing of the 1851 Treaty of Mendota, which ceded Indian land to the U.S. government and allowed for non - natives to settle west of the Missis- sippi River. John Allen, one of the landown- ers who filed the lawsuit, said that officials have thwarted efforts to develop the land for years, despite listing Pilot Knob as a potential building site in the city's compre- hensive plan. "For 12 years they would not let us build an office building on the site," Allen said, "I'm in a Catch-22. The city is telling us to build resi- dential, and the MAC [Metropolitan Airports Commission] is telling us we can't build residential there," In the lawsuit, Allen and the other plaintiffs ask the court to approve the zoning/planning paper- work for the project based on a legal technicality allowing applications before a city to be approved auto- matically within 60 days if no deci- sion is reached by officials -- the so- South-West Review Lawsuit... continued from page 1 law.' We believe `notwith- standing any other law to the contrary' means exactly what it says, and Minnesota courts have agreed with that," Mendota Heights City Man- ager Jim Danielson said con- cerns over the 60 -day rule were discussed prior to the council's decision on the EIS, Neither the landowners nor the company raised the issue during those proceedings, he said. "I'm not surprised to see a lawsuit," Danielson added. "But I didn't know what form it would take." Timothy Bohlman, senior project manager for Minnstar called "60 -day" rule.. Allen said the lawsuit is about the city's "failure" to process their application in a timely manner according to state law. .John Baker, the attorney repre- senting Mendota Heights in the case, said that the lawsuit is an effort to invoke this "automatic approval statute," even though an exception to the statute "squarely applies in this case." "Long before the automatic approval statute was adopted, the Legislature put on the books a statute called MEPA, the Minnesota Environmental Policy Act, that is supplemented with regulations from the Environmental Quality Board," Baker said. "It creates a structure whereby local governments are pro- hibited from approving certain types of permits, or from taking major governmental [action], until certain events occur that affect completion of the environmental review." He added that two courts have Builders, said that he couldn't answer specific questions about the lawsuit, since he is involved primarily from a pro- ject management standpoint, "We're actually not the party that brought the suit- ... We're just a named party," Bohlman said, "I'm for the [housing] project, whatever I can do. I never like to sit in court." Bohlman said that he hopes the housing project ultimately goes forward as proposed. An EIS would take nine to 10 months to complete and could cost $100,000 or more — to be paid for by the devel- oper. When asked what the company will do if the lawsuit is denied (such as pay the EIS scoping costs), Blancbett said, ,,our clients will decide that at an appropriate time," recently ruled in cities' favor regard- ing similar projects, "The environmental review pre- vented the city from lawfully doing things that the plaintiffs are suing to pass," Baker said. However, Neal Blanchett, the attorney representing Minnstar Builders and the two landowners, said city officials clearly violated the 60 -day rule in this case. "That is the basis of the lawsuit," Blanchett said. "We believe a landowner is entitled to prompt review of a zoning application, not indefinite delay," Blanchett said that, according to state statute, the 60 -day rule applies "notwithstanding any other law to the contrary" — including the Envi- ronmental Policy Act, "The city just lost a 60 -Day rule case last summer, so we don't know why it would assume the Environ- mental Policy act isn't `any other see Lawsuit on page 11 However, Allen said that he would not pay the EIS scoping costs, no matter the result of the lawsuit. He added that numerous studies and archeo- logical test digs have found that Pilot Knob is not a cultur- ally important site as some have claimed. A study prepared by Barr Engineering, a firm hired by the city, recommended that an EIS be conducted and address several issues: the historic and cultural impacts of the pro- posed development; alterna- tive development proposals; noise and land use issues; the potential impact on wildlife; and storm water runoff and management. A court hearing on the law- suit has been set for March 16, and a decision could take several months.