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2005-04-22 Friday NewsDOMESTIC PREPAREDNESS Chief Aschenbrener attended a committee meeting of the Dakota County Domestic Preparedness Committee this week, of which Mendota Heights is a Joint Powers Agreement member. At that meeting they discussed the tanker truck that recently crashed in South St. Paul which was carrying 40,000 lbs of sodium chloride — fortunately there was no release. They also talked about the Special Operations Team (SOT). The SOT is currently working towards certifications for rescues in medium building collapses. The Committee also discussed the first responder group incident management team. Burnsville had conducted an exercise last weekend. Mendota Heights is planning on doing an exercise in 2006. Burnsville said that the exercise was a very important event because it taught them how important a county wide incident management team is. Finally, the committee discussed Chemical, Biological; Radiological and Nuclear (CBRN) awareness level training. The Federal Office of Domestic Preparedness (ODP) has set training standards. The Dakota County Committee has taken the first step in meeting the standards by completing "training the trainers" training and is now preparing classroom training for the public employees. This training is important because it is needed if we want to continue to receive federal funding (800Mhz). It will be mandatory training for the City's Department Heads and the City Council. This training could be up to 8 hours long and will be scheduled for sometime this year. SEVERE WEATHER AWARENESS WEEK. This is Severe Weather Awareness Week, and every day addressed another topic. Thursday was `Tornado Drill Day' and two drills occurred one at 1:45 p.m. and one at 6:55 p.m. For the one at 1:45, the sirens went off and schools, hospitals and businesses were to practice their sheltering plans. SYMPATHY TO TERESA This Wednesday Teresa Gangelhoff s father Charles Cardinal passed away unexpectedly. Our sympathy goes out to Theresa and her family. Respectfully submitted, Jim Danielson City Administrator Attachments: Pipeline, Just the Facts, Planning Commission Agenda, letter from Aaron Coates, Sun Newspaper Article "District 197 approves plans for Sibley gym", Pioneer Press Article "Steeplechase project OK.'d", Twincities.com Article "New runway to affect Eagan" and Friday Fax.. NEWS LETTER The Pmipelmine Public Works Engineering April 21, 2005 Code Enforcement Public Works The Parks Crew planted shrub roses where needed and replaced dead shrubs around the park signs. They replaced the broom on truck 506, the grounds master, after sweeping the pedways and also replaced bearings on the broom. They cut down dead apple trees at Ivy Falls Park by the tennis courts and a leaning tree on the pedway between Fourth Avenue and Wentworth Park. They repaired the sprinkler systems at Mendakota Park, City Hall and the Fire Hall. They picked up the new parks trailer at Scharber and Sons, Inc. in Rogers, Minnesota. Rich cleaned grease off of the floats at the Lilydale lift station. Tuesday evening an alarm call came in from the Lilydale lift station phone line, the alarm broke and Qwest came out and repaired it. Rich did a sanitary sewer inspection at 1161 Dodd Road. He also trimmed shrubs at Kensington Park for the Parks Crew. Len charged the batteries on the generator and port at the Mendota Heights Road lift station. Len and Rich then ran each of them for a half hour. Rich flushed Pilot Knob sanitary sewer lines at the Waters Drive Business Park project to Enterprise Drive - there was sand in the line from the project. The Street Crew met with residents on Chippewa Avenue about the new sidewalk concrete flaking off from salt this winter. Dave told them the concrete cured correctly and the salt wasn't the cause. They met with a resident on High Ridge Circle to discuss a damaged curb from plowing this winter and Dave said it would get fixed this summer. They attended the annual Spring Maintenance Expo put on by the U of M Center of Transportation Studies. Some of the sessions attended were: Get Funded to Try Something New in Your Day to Day Maintenance Operations, Chain Saw Safety, New Snow and Ice Field Guide for 2005, Commercial Driver License Requirements for 2005, and Good, Bad and Ugly Work Zones within the State. Engineering Ryan and Sam (the Engineering Department intern) assisted staff from Barr Engineering with surveying cross sections for the Marie Creek study that was ordered by the Lower Mississippi River WMO. The contractor for Klinglehutz Development has been installing utilities and completing site grading at the Waters Drive office park. RKI completed installation of the pond liner at Town Center last Friday. The Lexington Avenue trail will be paved on Monday. Issue # 05-14 I/J44 TA F TkL",ew4, Ve MSU Hzp poa D. I"4 April 22, 2005 Special Olympics Law Enforcement Torch Run On June 22 Id members of the MHPD will be participating in the Dakota County leg of the Law Enforcement Torch Run, The Law Enforcement Torch Run is one of the primary fund raisers for Special Olympics. Officer Jennifer Hurst of the MHPD is helping coordinate the Torch Run and is a member of the State Committee to help plan and coordinate the Torch Run in other areas of the State. On June 22"d Officers, and at least one of the prosecuting attorneys, will be running to help raise money for Special Olympics Minnesota. If you're interested, you can pledge your favorite officer or attorney by calling the PD at 651-452- 1366 and leave a message, or ask for Officer Jennifer Hurst. Law Enforcement Torch Run hats and t -shirts are available for purchase from Officer Hurst. All proceeds from the sale go to support Special Olympics Minnesota. 10-50 Fail to yield 04-15-051210 hours Sergeant Donn Anderson responded to a car crash at the intersection of Apache Street and Decorah Lane. The car S/B on Apache failed to yield and struck the E/B car on Decorah. The E/B car had 2 & 3 YOA children buckled in car seats. They were not injured. The S/B driver was cited for fail to yield and released at the scene.. 2nd Degree DUI 04-16-05 2341 hours A car was observed as it swerved around, from the right shoulder to the center lane, on 35E. Officer Tanner Spicer attempted to stop the car on 494 without success. The car eventually stopped on Dodd Road over 494. Upon coming in contact with the driver, it was immediately obvious that he was intoxicated. He failed all SFST's and blew a .19 BAC on the PBT. When told he was under arrest, the driver attempted to resist and, after a short wrestling match with him being pinned against the squad, he was tared. After that he was transported to the PD and read the MN Implied Consent. He refused to provide a test and was booked into the DC Jail. DAS Possession MJ & Drug Paraphernalia & Alcohol 04-17-05 2146 hours A computer license check run by Sergeant John Larrive revealed the registered owner of MN# MXW268 was suspended.. After pulling along -side of the car and verifying that the driver fit the physical of the R/O, the car was stopped. When the driver rolled down his window, the odor of MJ was immediately present; or as the report stated, "a haze from in the car came out as the window rolled down." When asked what the smell was, Sergeant Larrive was told it was from the -1- Issue # 05-14 April 22, 2005 marijuana they were smoking earlier. The driver had marijuana in his pocket and a marijuana cigarette was found on the floor of the carr The driver was cited and released; the property was logged into evidence. DAR / No Insurance I Car towed 2x? 04-18-051617 hours Officer Scott Patrick spotted a driver he knew was revoked. Upon stopping the car, he verified that the driver was revoked and learned the car had no insurance. The driver was cited and released. The car was towed to Southeast Towing. At approximately 1900 hours the car was released to the owner to be towed home, as he still had no insurance. 04-19-05 1609 hours DAR / No Insurance less than 24 hours after citing the same driver in the same vehicle Officer Patrick spotted him driving again. The driver was cited and the car was towed again. It would have to be cheaper to buy insurance! Theft from Vehicle 04-18-05 1848 hours Reporter parked her car by the trail in Mendota and upon returning found the window smashed out and her purse missing. No witnesses, no suspects. Sergeant Neil Garlock advised her to contact the credit card companies. False Information to Police 04-18-05 2315 hours Officer Tanner Spicer spotted a person sleeping or passed out in a car. Upon waking the driver, it was immediately obvious that he was under the influence of alcohol. The party did not have any identification and verbally provided his full name and DOB. He came back "not on file." When Officer Spicer went back to verify the information, he was given a totally different name and DOB. Further checking with the DVS website revealed the party's true identity, and a computer check showed an active warrant out of Mower County. Party was arrested and transported to the DC Jail. Gas Theft / False Information 04-19-05 2019 hours Officer Todd Rosse and Sergeant John Larrive arrived at the Holiday Station on Hwy 13 to speak with the employees about a man who had pumped $31 worth of gas and not paid. When Sergeant Larrive spoke with him he provided a false name and DOB. Officers were unable to determine his true identity. DC Jail staff did manage to locate the suspect's real name and DOB. He had provided his brother's information. The original citations were voided out and a formal complaint was issued by the Lilydale prosecutor's office. Attempted Theft 04-19-05 2200 hours The owner of liquor in Lilydale reported to Officer Tanner Spicer that he had stopped a W/M approximately 20 YOA, 57', 150 wearing a black leather jacket. The suspect had shoved a bottle in the front of his pants and was attempting to leave with out paying. The suspect fled with out his booze and was last seen heading toward the pedestrian bridge back to St. Paul. Officer Spicer checked the area thoroughly but was not able to locate the suspect. Customer Problem / Detox 04-20-05 0053 hours The staff at the Moose Country called to report a person checking out cars in the parking lot. Upon arrival, Officer Spicer and Sergeant Larrive spoke with the party. They learned he had been removed from the club for fighting. Staff called him a cab. While waiting for the cab the young man ran across Hwy 13 and into the woods near Ecolab. The Moose as the man was back in the parking lot two more times casing cars. The second time officers caught up with him in the lot and he was given a ride to Ramsey County Detox. He blew a .159 BAC on the PBT. Spring is in the Air 04-21-05 0445 hours Officer Jeff VonFeldt responded to the 2500 block of Delaware Avenue and shut of the fire hydrant that was opened up.. Yes that is quarter to 5 in the morning. Have a great weekend! 101. O -2- CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION April 26, 2005 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Election of Acting Chair 4. Approval of March 30, 2005 Planning Commission Minutes. 5. Hearings a. Case No. 05-08: OPUS — 820/840 Sibley Memorial Hwy (Hwy 13 & Wachtler) — Conditional Use Permit for a Planned Unit Development, Comprehensive Plan Amendment, Rezoning, Subdivision, Critical Area Permit, and Variances for a multi -family residential development. Public Hearing 7:30 p.m. b. Case No. 05-12: Patrick Vocovich - 748 Willow Lane - Lot Split — Public Hearing 7:50 p.m. C. Case No. 05-13: 'Rick Fretschel for ISD #197 —1897 Delaware Avenue - Zoning Ordinance Amendment for Electronic Signs, Conditional Use Permit and Variances for Sign at Henry Sibley High School. Public Hearing 8:10 p.m. d. Case No. 05-14: Kurt Hagen — 1280 Lakeview Avenue - Wetlands Permit for Home Reconstruction. Public Hearing 8:30 p.m. e. Case No. 05-15: Ronald Meyer & Rhonda Simonson —1399 Clement - Variance from the side yard setback requirement. Public Hearing 8:50 p.m. f. Case No. 05-16: Mark Fenton for ISD #197 — 1355 Dodd Road - CUP & Wetlands Permit for Grading Work for Playground Improvements. Public Hearing 9:10 P.M. 9. Case No. 05-17: Scott Fleming for SuperAmerica — 1080 Highway 110 — Amendment to Conditional Use Permit to expand environmental cleanup facility. Public Hearing 9:30 p.m. C. Case No. 03-04: Property Maintenance Ordinance — Public Hearing 9:50 p.m. 6. Verbal Review FAINNN�� 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 attemptto provide the aids, however, this may not be possible on short notice. Please contact City Administration at 452-1850 with requests. FROM THE DESK OF AARON COATES 2951 50th St. East, Inver Grove Heights, MN 55076 (M 651.552.8530, email NWd40@pro-ns.net April 5, 2005 Mendota Heights Fire Department Attn: Chief Mazcko 2121 Dodd Road Mendota Heights, MN 55120 Dear Chief and fellow firefighters: Ever since I was little, I remember hearing the fire siren go off and I'd either ride my bike to the station or see if the trucks would go past my house. It was then that I knew I wanted to become a fireman. That dream came true in January of 1987. From that day on, I have enjoyed almost every minute at the fire station. A lot of what I've experienced here will forever live in my memory. Demands from my growing family have forced me to re evaluate my priorities, and with that, we are moving to a newer, bigger home in Inver Grove, putting me outside the response zone. k With that, I am resigning/retiring from the Mendota Heights Fire Department on May, v 2005. I hope you will allow me to come back and help when I can, whether it's helping out bringing refreshments to the scene of a "cooker" or fire prevention activities. I'd still like to be a little part of this great organization.. It was a great ride. Stay safe. Aaron Coates 9257 Cheney Trail (new address as of May 1) Inver Grove Heights, MN 55076 MNSUN - News Archive Page 1 of 2 -- Local Forecast Thursday, Apr. 21 IN�'��' C� lltews j}�1 1+41i'7 r r r Y a � 8 1 6'04M/ Click Here Select. a Town. Select a Town GO! —IVINSUn— Archives Classifieds Candidates 2004 Finance.Calc District 197 approves plans for Nutrition Calc Sibley gym Weather Contact Us NA I U� `� How to (Created 4/14/200.5 9:04:21 AM) ��!r Advertise Ad Rates The District 197 School Board approved specifications for a gym Jobs At Sun floor for Henry Sibley High School April 4 as part of its regular board meeting. The new gym floor is part of the bond construction effort approved • by voters last November. The surface in the gym is more than 30 years old and is showing its age, especially where the risers rest Special Sections when extended. v Bride's Guide Forms Building staff have repeatedly patched and repaired the floor, but Art & Education now it will be replaced with a new wood floor. Bids will be received In Memory _Of by April 19 and the project is estimated to cost $253,000. Let It Be Known Construction will take place in June and July with the gym beingi#1[ilc�tl Private Party_Ad_Form turned back over to the school no later than Aug. 19. Sport Shots Stork Report In addition to the new floor, the project includes striping for Search The Web basketball, volleyball and badminton courts, graphics for the Powered by: basketball game court, volleyball sleeves, moving of bleachers and equipment to accommodate the work, and replacement of doors 1 around the gym. III — In other business at the meeting: y LSearch � • The board recognized the district's Child Nutrition Committee, which received a Public Health Achievement Award from Dakota _mom County.. The committee received Dakota County's Community Coalition Award for its efforts to change the district's food service program to provide healthier options to students. The committee developed new policies including eliminating candy, removing soda from vending machines, increasing sales of bottled water, and expanding communication with parents. The school district is evaluating the long-term results of these nutritional improvements. http://www.im-isun.com/archive.asp?display=stoly2&year=200.5&storyID=155689 4/21/2005 MNSUN - News Archive Page 2 of 2 • Pilot Knob kindergarten teachers Ann Siegel and Debbi Krohn gave a presentation on the Minnesota Kindergarten Association convention that will take place at Henry Sibley later this month. This site and its contents 02000 - 2003 Sun Newspapers - Main Office: 952-829-0797 webinfo@mnsun.com - Created and maintained by Quantum Digital Interactive jcorbo@quantumsite corn http://www.mnsun.com/archive.asp?display=story2&year=2005 &storyID=155689 4/21/2005 Council unanimous despite neighbors' opposition EAGAIN RESIDENTIAL DEVELOPMENT BY MEGGEN LINDSAY Pioneer Press Despite a year-long outcry from dozens of local residents, new houses and town homes will supplant the stables and pastures at the former Dia- mond T horse ranch in Eagan. The City Council unani- and came after national builder Toll Brothers reworked parts of its proposal. The agreement included 35 caveats, including the extension of a nearby cul- de-sac into a thoroughfare and the off-site mitigation of lost wetlands. "This is a package deal," Council Member Peggy Carlson mously gave its preliminary approval to the controversial housing development late Tuesday night, in a decision that left some local homeown- ers in tears and others vowing to appeal the decision over environmental concerns. The council's approval was more than a year in the making said. "There are some things I like and some I don't like, but I can't break it all apart." Residents living next to the proposed subdivision wish the council would have. They believe aspects of the develop- ment, called Steeplechase of Eagan, will destroy the neigh- borhood they've lived in for years. Raising a host of environ- mental and density concerns, dozens of vocal neighbors have spent months trying to block the proposal, which creates 37 single-family houses and 58 upscale town homes on a 37 - acre site west of Pilot Knob Road and a half mile south of Cliff Road. "It's like trying to fit 20 pounds of stuff into a 10 -pound bag. It keeps overflowing," resi- dent Brad Moir told the coun- cil. "The word 'preservation' is not in this plan." Moir and his neighbors are upset about the development's encroachment on a pond, loss of wetlands and the eventual removal of nearly 600 trees at the former ranch. In addition, they oppose the extension of Wellington Way, a cul-de-sac that ends just west of Steeple- chase, to Pilot Knob. But council members have said they needed to think about all of Eagan's "stakehold- ers," including the former ranch's owner, the developer and future residents. At the request of residents, they Steeplechase allowed a discretionary envi- ronmental assessment work- sheet to be drafted. And they also required Toll Brothers to reduce the number of overall housing units from 109 to 95. "I appreciate and haveproject OK'd heard the concerns of the neighbors, and quite frankly, with (35) conditions, we've tried to accommodate them," said Council Member Mike Maguire. "But I know this will change the neighborhood." The battle has raged since Toll Brothers unveiled its ini- tial blueprint in late 2003. It was revealed that the land had a history of pollution — from two separate sources. The ranch's owner — the late Jerry Thomas, a former Eagan City Council member — illegal- ly stockpiled horse manure at the site, according to city and Dakota County officials. And, in 1985, demolition debris from the former Metropolitan Stadi- um in Bloomington also was dumped illegally on at least 2 acres of the ranch. Although the extent of the pollution — and how haz- ardous it is — remains unknown, both policy -makers and residents agree that years of contamination likely degrad- ed the ranch's wetlands and trees and now must be cleaned. Pennsylvania -based Toll Brothers will foot the bill for the site's environmental reme- diation and hopes to get it done by mid summer, with final plat approval in July. A Steeple- chase home model should be up this fall, with lots for sale by the end of the year. "But a lot of work has to happen before that. We need to prepare and clean the site cor- rectly and have the site signed off and approved by the Min- nesota Pollution Control Agency," project manager Joey Zorn said. The cleanup plan pleases city officials, but residents pri- vately say the ranch's owners should have paid for it long ago. "They are destroying beau- tiful wetlands and forest to save them from years of abuse," said neighbor Sharon Holbeck, who lives on the pond that abuts the former ranch. "I look outside now and I just cry. It just breaks my heart." "They are destroying beautiful wetlands and forest to save them from years of abuse. I look outside now and I just cry. " Sharon Holbeck, neighbor Homeowner Eric Vevea and other residents hired St. Paul attorney Brian Bates to review the proposal's impact to wet- lands. Vevea said they plan to appeal the council's Tuesday decision — which agrees with the recommendation of Eagan's Wetland Technical Evaluation Panel — to mitigate the loss of 0.4 acres by creating 0.8 acres of wetland elsewhere. The homeowners will chal- lenge the council before the Minnesota Board of Water and Soil Resources. "After hearing from the council and watching their actions, I was disappointed that they did not give the emphasis I would have lilted to have seen to the Wetland Con- servation Act and the policy established in. this state that, above all else, wetlands are to be protected," Bates said. The Steeplechase develop- ment project now has been before the City Council, Parks Commission and Advisory Planning Commission multiple times, and went before the Dakota County Board of Com- missioners in February. At each stop, more changes were suggested. Most recently, the debate has been over the fate of Wellington Way. Many neighborhood resi- dents — and the majority of the City Council — want the road to remain a cul-de-sac, instead of a second access point into the new develop- ment. DAKOTA COUNTY Site of the former Diamond T Ranch PIONEER PRESS However, others in the area wanted it to become a through road to relieve traffic buildup elsewhere. And for improved safety and traffic flow, Eagan's engineering and planning employees also backed its use as a connector road, as did the county's Plat Commission. Although the County Board said there must be a second access point before commis- sioners would approve the sub- division's layout, they did not specify that the city open up Wellington Way. But there is no other road in, Council Member Cyndee Fields and her colleagues pointed out. "We're going to get into, excuse me, a p --- ing match with Dakota County and we're going to lose," Fields said. "I hate the fact that Wellington Way is going to have to open. But if we don't do it now, they'll have us do it anyway." Meggen Lindsay can be reached at mlindsay@pioneerpress.com or 651-228-5260. New runway to affect Eagan Posted on Sun, Apr. 17, 2005 New runway to affect Eagan More noise in store for Burnsville, too BY MEGGEN LINDSAY Pioneer Press This summer might be the last that Eagan resident Nathan Krahn sleeps with his windows open. Shutting out airplane noise soon could trump catching a waft of fresh evening air. Page 1 of i Krahn, like others in the south metro, is not quite sure what to expect when the new North-South Runway at the Minneapolis -St. Paul International Airport opens in late October. But he knows there will be more noise — and complaints. "I do have concerns, as does the city. But no one has a whole lot of control. We just have to understand that it's coming," Krahn said. The new southern runway — and its increased traffic and noise — has been a topic of conversation since the Legislature approved it in 1996, but as the opening creeps closer, officials have bolstered their effort to get the word out. Both Burnsville and Eagan are holding public meetings this week for interested residents. And with good reason: Those living in sections of Eagan, Apple Valley, Burnsville and Bloomington should expect a noticeable increase in air traffic activity this fall, warns the Metropolitan Airports Commission, the public body that owns and operates the airport. "People are concerned, and we do get phone calls about it. But the runway is in place and there's not much we can do now except inform our residents," said Burnsville Mayor Elizabeth Kautz. "I tried for nine years to change the runway's footprint. It didn't work." The new runway will add five flight paths and a total of about 290 new daily departures and arrivals over Eagan alone. In all, 37 percent of the airport's traffic is expected to use the 17/35 Runway, which will increase its capacity by 25 percent. The southern cities, along with Richfield and Minneapolis, long have wanted the MAC to buffer more residents from the racket that accompanies expansion and stepped-up airline traffic. Earlier this month, Minneapolis, Eagan and Richfield jointly sued the MAC for backing out of a 1990s agreement to provide more impacted homes with extra insulation, new windows and air conditioning. Despite the rift over noise mitigation, Eagan and MAC officials continue to hold open houses together and educate the public. Eagan held its first MAC -staffed open house in November and will continue to hold them in different neighborhoods until the runway opens. Burnsville is holding three meetings in April and May. "We've been working as hard as we can to communicate the impact, as best we know it," said Dianne Miller, Eagan's staff liaison to the city's 10 -member Airport Relations Commission. Eagan has held four meetings so far, with attendance ranging from 50 to 300 people. She fields at least a dozen calls weekly from residents curious about what their new noise levels will be. Miller directs them to the MAC's noise Web site and finds a comparable location to the existing runway for them to go to. "For example, if a resident lives six miles from the new runway, I would encourage them to visit Lake Harriet, which is six miles away from the existing runway," she said. http://www.twincities.com/mld/twincities/news/local/11407930.htm?template=contentMo... 4/21/2005 New runway to affect Eagan Page 2 of 3 Krahn joined Eagan's airport commission two years ago and has been involved in planning the community meetings, He lives just off of Diffley Road in central Eagan — squarely underneath one of the new flight paths. Despite MAC efforts, Krahn said, he does not believe there is a good way to accurately measure the impact. "What is undeniable is that noise will come to sections of the city that previously didn't have any." The Cedar Grove corridor is expected to bear the brunt of the noise increases in Eagan, and resident Margo Danner said her neighbors are warily awaiting the runway. Danner, a member of the city's Parks Commission who moved in 40 years ago, said hers is an established community, comprising many retirees. "We joke that they set the runway up this way on purpose. They figured all the old people could just take out their hearing aids and not notice the noise," she laughed. Danner's levity turned somber when she talked about her neighborhood's stability. "I have a neighbor who is moving because of the runway. You do notice more For Sale signs going up," she said. "This is a settled area. Who would ever have thought there'd be a runway going over our house? "I hope it isn't as bad as we fear. Most affected south metro residents live in areas where noise levels are below the Federal Aviation Administration's standards to require noise insulation. In areas where the noise levels — called DNL, or Day -Night Average Sound Level — were considered too high, the MAC has spent $223 million to soundproof 7,690 homes since 1992. The mitigation for homes that experienced jet noise at 65 DNL or higher generally included ramped -up doors, windows, insulation, ventilation systems and air conditioning. But officials in the three cities that sued the MAC say it originally promised the same comprehensive mitigation for more than 5,500 other homes near the airport located in areas with DNL levels in the 60-64 range. While Eagan and other cities are bracing for more noise, other areas likely will see a drop-off as traffic shifts from the existing parallel runways. "We've been anxiously awaiting the opening of 17/35. We've been told it will help us, that it could reduce traffic here by at least a half," said Mendota Heights City Administrator Jim Danielson. MAC spokesman Patrick Hogan said he expects some folks in South Minneapolis to get noise relief as well, "There's no question there will be an impact. But it will be mixed," Hogan said. That's about how Krahn sums up his feelings about the airport's overall impact on Eagan. "It's far more complicated than saying 'Shame on you for the noise,' " he said. "The airport might have a less than desirable impact sometimes, but it pumps a lot of money into the economy, boosts the tax base and brings in jobs. It's an important resource." TO LEARN MORE The cities of Burnsville and Eagan will host informational meetings on the new Minneapolis -St. Paul International Airport runway scheduled to open in October. All meetings are from 6:30 to 8 p.m. BURNSVILLE Wednesday, April 20 at Burnsville City Hall, 100 Civic Center Parkway Wednesday, April 27 at Sioux Trail Elementary School, 2801 River Hills Drive littp://www.twincities.com/mld/twincities/iiews/local/I 1407930.htm?template=contentMo... 4/21/2005 Apr 15 ZHHS 17:HZ:53 Via FaX _> GS14SZH94H Administrator Page 0H1 Of HHG ' �� -Freda vFr1-v&,r- A weekly legislative update from the League ofMinnesota Cities April 15, 2005 Page I Property tax freeze, turbocharged Impaired waters bill improved for truth in taxation, and.levy limits—all cities in one day Three state -imposed levy restriction bills will be considered in the full House Tax Committee this Thursday, April 21 at 10:15 a.m. in Room 200 SOB. The bills on the agenda include the property tax freeze bill, Hf -'785 '(Kxinkle, R - Shoreview), the Governor's taxpayer satisfaction bill, 11F 1660 (Kxlnkie, R - Shoreview) and permanent levy limits. HF .197 (Vandeveer, R -Forest Lake). Earlier this year, city officials, as well as staff from the League, testified against the Senate's companion bills on the property tax freeze and Governor's taxpayer satisfaction survey. The companion to HF 2197, the levy limit bill, has not been scheduled for a hearing in the Senate. Let your representative know your opposition to these bills—even non -tax committee members. These types of bills are generally laid over for possible inclusion in the omnibus tax bill and therefore, we believe the committee will hear the bills but not take any final votes. Nonetheless, the House Tax Committee will be compiling its omnibus bill in the next several weeks and voicing your concerns would be timely. For more information on the proposals, contact Jennifer O'Rourke at (55,1.281.12(51 or org, or Gary Carlson at 651,281.1255 or acarlson&?nnc. o . To locate contact information for your representatives, go to -wwis,.leg .mn The Clean Water Legacy Act, I -IF 826, Rep. Dennis Ozment (R -Rosemount) was heard in the House Environment and Agriculture Finance Division this week. Portions of the bill related to cities were changed in several ways. The new Phosphorus Reduction grants program that pays up to 75% of the cost of new phosphorus treatment 'infrastructure was amended so that any community that has built new phosphorous treatment since March 28, 2000 would be eligible for the grant, regardless of whether that is a new requirement for the facility or not. Previously, 186 facilities having this requirement imposed for the first time were eligible for the grant program, but facilities that were required to treat their wastewater for phosphorus prior to that date were not. The Small Community Wastewater Treatment program was amended so that it is no longer only a loan program. The program can provide up to 50% grants to small communities for the costs of replacing failed ISTS systems with community wastewater or cluster systems. Finally, the fee structure for generating revenue for the state's impaired water and TMDL program through sewer and septic fees was removed. The committee Will return to discuss how to generate revenue for the Clean Water Legacy Act after they have completed work on the budget. Questions? Contact Craig Johnson at 6.51.281.1259 or at ciohnso;,CddP jinc. org For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925. 1122 Apr 15 2005 17:03:34 Via Fax _> 6514528940 Administrator Pd9C HOZ Of 086 L,MC F r i d a F "ex- A weekly legislative update from the League ofMinnesota Cities April 15, 2005 Page 2 Court decision likely to reignite gun amend the UNTR bill because it allowed the debate controversial measure to avert the committee Earlier this week, an appellate court upheld a 2004 ruling that overturned the 2003 Citizens Personal Protection Act, also known as conceal and carry. Supporters of the 2003 law will challenge the ruling in the Supreme Court in the coming months; however, the Legislature may re -pass the law before the court can rule. A new version of the law was introduced in the Legislature on Thursday, with a one -word change from the original language. SF .2 (Pariseau, R-Farrn1ngton)/I-1F',.'142:8 (Howes, R -Walker) retroactively reenacts the Minnesota Citizens Personal Protection Act of 2003 without interruption upon a finding of unconstitutionality by an appellate court and makes a technical change that would allow private property owners to ban guns on premises by posting a sign or giving verbal notice. The 2003 law requires both written and verbal notice. The court challenge—filed by a group of several churches, nonprofit organizations, and the City of Minneapolis—arose not from the law itself but from the way the 2003 Legislature passed the law. The 2004 decision by Ramsey County District Judge John Finley ruled the law unconstitutional because it was passed after being amended onto an unrelated bill dealing with the Department of Natural Resources (DNITR). The Minnesota Constitution prohibits laws that *involve more than one subject. Finley criticized the legislative maneuver used to process in the Senate.. Last July, when Judge Finley struck down -the 2003 Act., he ruled that the process for obtaining a permit to carry a gun reverts to -the pre -2003 law. According to the AG-, permits issued under the 2003 law will remain valid until they expire- however, any new permits must be issued under the old law. In other words, police chiefs are responsible for making decisions about whether a permit should be issued. The training and crim ni'lalbackground check requirernents---more stringent under the new law—are no longer in place. And, the minimum age fir carrying a gun reverts back to 18 instead of the age 21 requirement in the 2003 law. The newly 'introduced bills have not been scheduled for hearings. Although policy committee deadlines have passed, the bills' authors have stated they intend to work to advance the measure, possibly as an amendment to other legislation. Questions? Contact Anne Finn at 651.281.1263 or at LGA bills discussed On Thursday, the House Property and Local Tax Division met to discuss five bills related to LGA. The bills included HF 754- a bill offered by Rep. Tom Rukavina (DFL -Virginia) that would eliminated taconite aid from the capacity side of the LGA formula, 1-11 1827, a bill offered by Rep. Joe Mullery (DFL - Minneapolis) that would increase the Minneapolis LGA base by $12 million for public safety purposes and HF, 2033, offered by For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651,281,1200 or 800.925.1122 Apr 15 ZOOS 17:04:10 Via Fax _> 6514520940 Administrator Pd9E 003 Of 006 LMC -Frid,.a.Fa.:x- Y A weekly legislative update from the League of Minnesota Cities Rep. Keith Ellison (DFL -Minneapolis) that would fully -fund the LGA formula by adding $82 million to the system and requiring the additional funds to be dedicated to police and public safety purposes. The committee also considered H -F ' 2059 offered by Rep. Greg Davids (R -Preston) also known as the One Minnesota Act and HF 1182 a bill authored by Rep. Dan Severson (R -Sauk Rapids) that would expand the regional center aid provision to cities that have recently eclipsed the 10,000 population threshold. The One Minnesota Act would eliminate the transit levy takeover enacted in 2001, replace the funding with a metropolitan 1/z cent sales tax and use the savings from the transit aid elimination to increase funding for education by $75 million and funding for local government aid by $60 million. Owatonna Mayor Tom Kuntz representing the Coalition of Greater Minnesota Cities and Renville Administrator Paul McLaughlin representing the Minnesota Association of Small Cities testified on behalf of the bill. The bill was also supported by Education Minnesota and Schools for Equity in Education. Concerns about the legislation were expressed by the Minnesota Inter -County Association and the Association of Metropolitan Municipalities. Representative Dan Severson's bill would modify the regional center aid available to cities that had a 2000 population in excess of 10,000 population by providing the additional aid to city's that have recently exceeded that threshold. Under current law, this additional aid is only available to cities outside the metropolitan area that had a 2000 population in excess of 10,000. Several cities have either recently eclipsed this threshold or will likely April 15, 2005 Page 3 exceed the threshold in the near future but would not otherwise be eligible for the increased LGA. The League's 2005 legislative policies oppose adding other revenue sources to the LGA formula and therefore support the Rukavina proposal to eliminate taconite aid from the LGA formula. The five bills were all laid over for further consideration and possible inclusion in the House Omnibus Tax Bill. Questions? Contact Gary Carlson at 651.281.1255 or .Latgcar1so770i1mnr.org � House adopts committee targets As the Legislature begins the countdown toward the end of the 2005 regular legislative session, the House of Representatives this week adopted targets for their committees. The targets are developed as a method to control the overall state budget by requiring that all of the pieces of the budget add up to a predefined maximum state budget level. On Wednesday afternoon, the House majority unveiled their committee targets and rather than prescribe a single set of maximum committee targets, the recommendation 'included an "Option X" and "Option B" alternative, the latter assuming the passage of a casino or racino hybrid that would apparently result in $210 million in additional revenue for the 2006-2007 biennium. Both targets set the maximum state general fund budget at $29-8 billion. During a contentious Ways and Means Committee hearing on Wednesday evening, committee chair Rep. Jim Knoblach (R -St. Cloud) described the targets and their impact For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651 .281.1200 or 800.925.1122 Apr 15 ZOOS 17:05:01 Via Fax -> 6514520940 Administrator Page 004 Of 006 Lmc -Frid.-ayF ax:- c A weekly legislative update from the .League of.Minnesota Cities April 15, 2005 Page 4 on various areas of the state budget. Of concern Option B would rely on money from proposals to cities is the fact that the targets indicate that to expand gambling. the Tax Committee will have to find $79 million in additional spending reductions or $79 million in revenue increases or some combination of spending cuts and revenue increases that total $79 million. City aids and credits are funded from that target. The governor's recommendations would already reduce funding for cities by extending the MVHC cuts for two years, saving the state nearly $40 million. When asked about the reduced tax target, Chair Knoblach stated that LGA would not be cut and he indicated that as much as half of the target could be attained through a new tax compliance effort that the House is considering for the Department of Revenue. Tax compliance has been discussed extensively over the past several years as the state has faced continual budget deficits and as reports about the amount of uncollected taxes have been released by the Department of Revenue. Several amendments were proposed by DFL members that would have drawn down the state's $350 million cash flow account and used the revenues to increase the committee targets for the Education Finance Committee, the Tax Committee and the Health Policy Finance Committee. All of the amendments were either defeated or withdrawn and the resolution was sent to the House floor. On Thursday, the full House considered and approved the targets on a 69 to 66 party line vote. Many of the DFL members who spoke against the resolution indicated that they opposed the plan largely due to the fact that education was not adequately funded under either option and also due to the fact that Questions? Contact Gary Carlson at 651.281.1255 or at Building inspector certification bill advances to the Senate floor A bill introduced by the Association of Minnesota Building Officials (AMBO) to i in require certification of building inspectors is on its way to the Senate floor. This legislation, FIF .1 929/SF 1819, cleared a second House committee last month and passed out of the Senate State & Local Government Operations Committee on Monday evening. Sen. Mee Moua (DFL -St. Paul) is the chief sponsor of the proposal in the Senate- Rep. Karen Klinzing (R -Woodbury) is carrying the House companion. Under this proposal, all construction code inspectors who start employment after July 1, 2007 would, within a year of hire, be required to meet certain competency criteria established by the commissioner of administration. The bill requires the commissioner to adopt rules specifying these new requirements, which must include certifications developed or administered by any nationally recognized agencies that are relevant to the building, mechanical, and plumbing codes adopted in Minnesota. HF 1929/SF 1819 would also allow the commissioner to adopt rules providing continuing education programs for construction code inspectors. The Senate committee amended the bill to exempt persons with a valid state plumbing or mechanical license, or a mechanical certificate For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925. 1122 Apr 15 2005 17:0543 Via Fax __> 6514528940 Administrator Page 005 of 006 LMC -Frida.YFCA"%7- W7 CUX. A weekly legislative update from the League of Minnesota Cities April 15, 2005 Page 5 of competency issued by a first-class city, from Require operators to stay on the right shoulder these new requirements. of roadways-, and AMBO is proposing this bill as an alternative to several legislative proposals, including bills that would impose onerous reporting requirements, require excessive and costly continuing education requirements for building inspectors, increase municipal liability, and privatize inspections for certain residential buildings. Questions? Contact Laura Offerdahl at 651. 281.1260 or at lo,,(Lprdahj��.uifnnc. ur Scooter bills zip through committees Bills that would define and regulate motorized scooters have advanced through the committee process in both the House and Senate. L-.LF'91 2 (Beard, R-Shakopee)/f;F 908 (Murphy, DFL --Red Wing) defines "motorized foot scooter" as "a device with no more than two ten -inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion." The legislation would: Prohibit use of motorized scooters on sidewalks; Prohibit carrying of passengers; Require that a scooter operator be at least 12 years old; Require helmets for minors operating scooters; Require scooters to have headlights and tall lights; Allow local units of government to restrict operation of scooters on trails. At this time, it is unclear whether the bills will be heard *independently on the floors of the House and Senate, or whether they will be rolled into omnibus transportation policy bills. Questions? Contact Anne Finn at 651.281.1263 Meth bill up on the floor Tuesday The House is expected to take up the omnibus meth bill, HF 572 (Johnson, R -Plymouth), on the floor for a vote on Tuesday. Important for cities, the bill contains $500,000 in a revolving loan fund for cities and counties who get stuck with meth lab clean-up. On the issue of regulating precursor drugs, the bill places meth precursor drugs, those containing ephedrine or pseudophedrine, on Controlled Substance Schedule 5 --meaning there are tight restrictions on how and where it can be sold. The bill currently has language in it preempting cities and counties on any ordinances or regulations governing the sale of precursor drugs. Proponents of the bill believe it is important to have strong restrictions on the precursor drugs in order to keep local meth labs at a minimum, as these sites end up costing cities and counties in terms of public safety time and energy, as well as clean-up. Questions? Contact Jenn O'Rourke at 651.281.1261 or at,icjrlou�,yLc-e.(&1,7,r?tnc.orq For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team, 651.281 . 1200 or 800.925, 1122 Apr 15 ZHHS 17:06:ZZ Via Fax _> 65145ZH94H Administrator LMC -FridnvFax7- A weekly legislative update from the League ofMinnesota Cities Meth mini -grants available Minnesota cities that are creatively working to reduce the meth problem in their community should consider applying for a mini -grant from the MN Pharmacists Foundation. Interested cities should check AVWW.M:ir,Ltie,-;ofiafne-tliivatcli.coi-n for the one- page application, and more information. An application must be postmarked by April 22, 2005 for consideration_ Programsshould be aimed toward reducing meth use through partnering with local law enforcement, business entities, elected officials and state agencies; and improving communication with, and educating community retailers and their employees with the Meth Watch materials on how to identify meth users and related suspicious activity throughout the state, Questions? Contact Jenn O'Rourke at 651.281.1.261 or atJorourke0z,'Vnmc.o Third deadline April 22nd Budget committees will be busy over the next week assembling their omnibus bills with Friday as the third deadline. This is the date by which the committee has to vote out any major appropriation or finance bill. Page HOG of 006 April 15, 2005 Page 6 The schedules for the week will be full of omnibus bill hearings, with time for public testimony. Legislators and capitol watchers will be scouring the policy sections of these bills as these are often vehicles for amendments. The most up-to-date agendas and schedules can be found at ww-w.leg.mn Questions? Contact Jenn O'Rourke at (5.51.281.12(51 or Legislative meetings in your city District and town hall meetings are a great chance to meet with your legislators and tell your city story close to home. Upcoming meetings in a city near you include: April 20 in Rosemount (Rosemount Community Center, 7pm) with Sen. Chris Gerlach, Reps. Lloyd Cybart and Dennis Ozment To receive e-mail notification of upcoming town hall meetings near you, subscribe online at nglist.as,p For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team, 651 .281.1200 or 800.925,1122