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2005-04-08 Friday NewsSTACY STARTS This Monday Stacy Kaiser began work at City Hall. Stacy is our new, half-time Information Technology (IT) person,. I said new, but Stacy has been providing our IT services as a consultant over the past several years, so she really isn't new. We had been providing IT support through a combination of ways — as much as we could in house with Kathy Swanson and Mike Aschenbrener, and a consultant when it was beyond their capabilities. Performing IT is getting more difficult, so Kathy and Mike had to use consulting more and more. Our consulting fees were rising to the point where they almost equaled a half-time person. Stacy recently told us that she was interested in quitting her consulting position and working half-time — it worked out. Stacy is not a normal computer `geek'; she is a very interesting person. She is currently working toward her masters program in Old Testament and Hebrew at Luther Seminary. She runs marathons, she has two kids and she has a cop (a Sergeant for New Brighton) as a husband, to name a few of the things that keep her busy. Welcome aboard Stacy. LEE FLANDRICH LEAVES Officer Lee Flandrich has resigned from the police force to work for Burlington Northern Railroad. Lee was with the City for 10 years. We wish Lee the best in his new profession. LAWSUIT AGAINST AIRPORT Minneapolis, Eagan and Richfield all announced this Wednesday that they had filed a lawsuit against the Airport (MAC) over air noise (see attached articles). Minneapolis has taken the lead in this lawsuit and had also asked Mendota Heights to join with them in it. The three cities in the lawsuit are the cities that have homes that are affected with air noise within the 60-64 DNL. Mendota Heights does not have any homes in that zone that have not been sound insulated. Mainly because of that reason, the Mendota Heights City Council elected not to join in the lawsuit at this time, but the Council looks forward to standing with our neighboring cities to work to control airnoise impacts on our residents. MOCK CRASH On Monday morning at 10 AM at St. Thomas Academy our Police Department, Fire Department, Health East Ambulance Service, State Patrol, Police Chaplain, City Attorney's Office and Dakota County Coroner will be staging a mock fatal car crash. They use cars from SE Towing that have been involved in a crash. The event starts with the call of a crash going out dispatched on the police radios. The crash simulates an alcohol related accident with teenagers going to prom as the participants. The mock crash is used to teach teenagers about the dangers of drinking and driving before the prom season arrives. CHIEF OF POLICE ASSOCIATION AWARD Police Chief Aschenbrener will be attending the Annual Police Conference in St. Cloud next week. At that conference Ken Gilma will be receiving the Citizen's Valor Award. Ken was awarded a Citizen Valor Award by the Mendota Heights City Council at their October 2004 meeting. Ken had stopped and assisted Officer Flandrich in a traffic stop on I -35E (see attached nomination form). Respectfully submitted, Jim Danielson City Administrator Attachments: Just the Facts, Pipeline, Planning Commission Agenda Synopsis, Parks and Recreation Commission Meeting Agenda, Airport Relations Commission Agenda, NDC4 Memorandum, Pioneer Press Article "Cities sue over noise abatement issues" and "Cities, schools to develop network", Star Tribune Article ".3 cities to sue MAC over noiseproofing", Minnesota Chiefs of Police Association Award Nomination Form and Friday Fax.. Issue # 05-12 04/08/2005 The Officer Lee Flandrich has announced his resignation from the Mendota Police Department. Lee arrived at MHPD in April of 1995 from Heights the Lindstrom Police Department. Lee has served as a DARE Officer and a FTO (Field Training Officer) during his tenure with Police the department. Lee has a special interest in history and worked Deartment P - to see that the department history has been preserved. If you visit the PD you will see the displays that he put together. Everyone at MHPD wishes him well in his new career.. Support Revoked Plates 04/2105 0006 hours Staff While on patrol, Officer Tanner Spicer ran a license plate check BekkpTrost on a vehicle and in doing so, learned the plates were revoked. Cathy Ransom Officer Spicer then stopped the vehicle, making contact with the Police' Jffcers driver.. The driver stated he had purchased the vehicle from the JerrylYlurphy registered owner. He admitted not having any insurance on the seotr pati; vehicle.. After issuing the driver, a tag for operating with revoked B Lambert plates and no insurance, the vehicle was towed by SouthEast Eric Petersen Towing.. The driver was dropped off in South St. Paul. Todd Rosse Gas Drive -Off 04/02/05 2043 hours TannG spicer Officer Eric Petersen was dispatched to the Holiday station on a Chad Willson report of a person pumping gas, then driving off without paying, Jeff VonFeldt A license number was obtained by the store employee who was Jennifer Hurst able to provide a description of the driver,. Under investigation. Investigations Juvenile Complaint 04102/05 2159 hours Mk Loo Reyes Officer Eric Petersen received a call to respond to the area of Brian Convery Lexington and Hwy. 110 on juveniles throwing eggs at cars (must be something about the combination that it never goes away). Sergeants The caller gave a description of the car the males were driving,. Donn Anderson Later that same evening, Officer Petersen pulled over a vehicle Neil Garlock' matching the description given and spoke to the juvenile males. J*Larrive` They admitted to throwing eggs at vehicles.. Their parents were called to pick up their children. No charges were filed; children Chief Mike and parents advised. Aschenbrener Public Assist 04/03/05 0220 hours Officer Jeff' VonFeldt was dispatched to speak to a homeowner in the 2300 block of Lexington regarding a motion light on his patio. The homeowner stated the motion light had come on and he didn't want to look outside the apartment window in case -1- N E W S LETTER The Pmipeline Public Works Engineerinci April 7, 2005 Code Enforcement ON A Public Works The Street Crew took the plows off the dump trucks to get them ready for sweeping the streets which will start next Tuesday. They also got the roller fixed and ready for fixing potholes. The Parks Crew dragged the ball fields throughout the City. They turned the water on in the buildings at Mendakota and Kensington Parks (a sure sign of spring). They repaired a leaking water pipe at Kensington Park. Tennis nets were put up throughout the parks with tennis courts. They attended the spring workshop at Midland Hills Country Club for the Minnesota Sports Turf Managers Association. The sump pump at the Mendota Heights Road lift station was plugged and Rich cleaned it and it now runs good. Rich did a sewer inspection for 702 Main Street. He flushed the sanitary sewer lines at Augusta Shores (had paper build up), LeMay Lake easement from Augusta Shores to Enterprise Drive, and Spring Creek at easement to Marie Avenue. Engineering Sue and Dave attended a preconstruction meeting for the joint powers seal coating and crack sealing project. This method of maintaining the streets is different than the slurry seal that the City has used in the past. The seal coating consists of placing a thin layer of emulsified asphalt and topping it with 1/8" granite "chips". The contractor will let the seal coat set for several days and then sweep up the excess chips. We will be crack sealing and seal coating in the Friendly Hills neighborhood and crack sealing in the Rogers Lake neighborhood. The Rogers Lake neighborhood will then be seal coated next year. Ryan attended a class on designing rain water gardens. We hope to construct rain water gardens with future street reconstruction projects. Sue attended a meeting with Dakota County staff to discuss their 2006-201.0 Capital Improvement Program as it relates to Mendota Heights. Currently included in the CIP is the 110/Delaware intersection which will be constructed this year and a traffic signal at,,Mendota Heights Road. We also discussed the Wachtler Avenue/TH 13 intersection and the trail proposed along Wachtler. The CIP will be presented to the Council at an upcoming meeting. CITY OF MENDOTA HEIGHTS MEMO April 8, 2005 TO: City Council, Commission Members, and City Administrator FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Planning Commission Agenda Synopsis The Planning Commission will discuss the following items at their April 26, 2005 meeting: Planning Case #05-08 OPUS Corporation EcoLab Site, 820 and 840 Sibley Memorial Highway Conditional Use Permit for a Planned Unit Development, Comprehensive Plan Amendment, Rezoning, Subdivision, Critical Area Permit, and Variances for a Multi -Family Redevelopment Planning Case #05-12 Patrick M. Vocovich 748 Willow Lane Subdivision to Create One Additional Lot Planning Case 905-13 Rick Fretschel Henry Sibley High School, 1897 Delaware Avenue Zoning Amendment, Conditional Use Permit, and Variances for an Animated Digital Sign Planning Case #05-14 Kurt J. Hagen 1280 Lakeview Avenue Wetlands Permit to Demolish an Existing House and Construct a New House Planning Case #05-15 Robert J. Meyer 1.399 Clement Street Setback Variance for a Home Addition Planning Case #05-16 Mark Fenton Somerset Elementary School 1355 Dodd Road Wetlands Permit and Conditional Use Permit for a New Playground and Fill Planning Case #05-17 SuperAmerica, 1080 Highway 110 Conditional Use Permit for an Accessory Structure Planning Case #03-04 Property Maintenance Ordinance CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA PARKS AND RECREATION COMMISSION April 12, 2005 6:30 p.m. — Council Chambers 1. Call to Order 2. Roll Call 3. March 8, 2005 Parks and Recreation Commission Minutes 4. Opus Redevelopment of Ecolab Site 5. 2006 Improvement Projects Funded by the Special Park Fund 6. Future Trail Projects 7. Updates • Recreation Programmer's Report • Police Report 8. Other Comments 9. 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. This may not, however, be possible on short notice. Please contact City Administration at (651) 452-1850 with requests. CITY OF MENDOTA HEIGHTS AIRPORT RELATIONS COMMISSION AGENDA April 13, 2005 — Large Conference Room Call to Order - 7:00 p.m. 2. Roll Call 3 . Approval of March 9, 2005 Airport Relations Commission Minutes. 4. Unfinished and New Business:: a.. MSP Corridor Definition b. NOC Update C. Airport Noise Plan of Action d. Burien, WA Airport Redevelopment Study e Australian Air- Noise Plan f. Updates for Introduction Book Acknowledge Receipt of Various Reports/Correspondence:: a. E-mail fiom Chad Leqve b. Letter to Mayor Rybak C. February 2005 ANOM Technical Advisor's Report. d. February 2005 ANOM Eagan/Mendota Heights Departure Corridor Analysis e. Airport Noise Report, March 7, 2005. f. Airport Noise Report, March 21, 2005, g.. Airport Noise Report, March 28, 2005. h.. Airport Noise Report, April 4, 2005, 6. Other Commissioner Comments or Concerns 7 Public Comments 8. Adiourn 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. This may not, however, be possible on short notice.. Please contact City Administration at (651) 452-1850 with requests. NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION 5845 Blaine Avenue 1)C 14 Inver Grove Heights, Minnesota 55076 651/450-9891 Fax 651/450-9429 e-mail; NDC4@townsquare.ty Memorandum To: City Administrators, City Managers, and City Clerks From: Carmen Hauck, NDC4 Government Associate Producer Date: April 5, 2005 Re: City meeting schedules on Town Square Television's Website This is to inform all city administrators, city managers, and city clerks in the Town Square Television viewing area that schedules for our two government channels, 18 and 19 can now be found on our, website at www.townsquare.ty/home/schedules.shtml. This is where you can find playback times for all of your city meetings, along with all of our other government programming. We would greatly appreciate it if you could share this information with the rest of your city staff and your city council and advisory commission members. Also, if you could ask you council and commission members to announce at one of their televised meetings that the government channel schedules can now be found on the web, we would greatly appreciate it. If you have any questions or concerns about this, please feel free to call us at 651-450- 9891. MINNEAPOLIS -ST. PAUL INTERNATIONAL. AIRPORT cities sue over noise; abat em__ent issues BY BETH SILVER Pioneer Press The cities of Eagan, Minneapo- lis and Richfield filed suit Wednesday against the airports commission for failing to dampen the jet noise that rolls over thou- sands of houses near the Min- neapolis -St. Paul International Airport. The cities claim the Metropoli- tan Airports Commission reneged on a promise to buffer the homes' with extra insulation, new win- dows and air conditioning, accord- ing to a complaint filed in Hen- nepin County District Court.. The lawsuit says the state Environ- mental Rights Act requires the commission to protect the homes from the roar of overhead jets as they approach Minneapolis - St. Paul International Airport.. In November, the airports com- mission, the public body that operates the airport, submitted a proposal to the federal govern- ment that would provide central air to homes with noise levels between 60 and 64 decibels. The commission board said' it would pay between halt and 90 percent of the cost of installing central air conditioning in homes that don't have it. The total cost to the com- mission would be about $55 mil- lion, said airports commission spokesman Pat Hogan. Houses that experience jet CITIES SUE, 8B "They want the same $45,000 package for homes 5 miles from the airport that we provide homes 200 yards off the runway. The board has said that's not reasonable." Pat Hogan, Metropolitan Air'por'ts Commission spokesman Lines sue (continued) noise at 65 decibels and higher receive a full $45,000 insulation package. Since 1992, the com- mission has insulated 7,600 such homes at a cost of $330 million, Hogan said. But in some cases, that can mean one house has new insu- lation, while another across the street does not, Minneapo- lis Mayor R..T. Rybak said Wednesday at a news confer- ence. "We will not stand by when a promise is broken," Rybak said Among the houses the suit says should receive aid are 492 in Eagan, 4,291 in Minneapolis and 845 in Richfield. The suit set.ks a five-decibtl reduction in +airplane noise for those homes.. Accomplishing that would cost the commission $300 mil- lion, Hogan said. "They want the same $45,000 package for homes 5 miles from the airport that we provide homes 200 yards off the runway, The board has said that's not reasonable," Hogan said., Federal law requires noise mitigation only for homes that experience noise at 65 decibels and higher, he said. Dozens of neighbors gath- ered for the news conference in front of Magdalen and Kris Nel- son's home in the 4500 block of Pillsbury Avenue South in Min- neapolis. The Nelsons noted that during the 30 -minute news conference, no airplanes seemed to interrupt But at other times, the noise is so dis- ruptive that windows in the nearly century -old home shake arid i backyard conversations are impossible, the Nelsons said. Kris Nelson estimated it would cost him at least $27,000 to replace windows' and doors and to redo heating and air conditioning to cut down on the airplane noise.. He said he had no idea of the cost of extra insu- lation in the walls. "It's been 26 years that we've had the noise," he said.. Standing by the Nelsons, Jennifer Smith said she and her husband bought a house in the same south Minneapolis neighborhood because the real estate agent selling it said the airports commission planned to replace the 1927 home's windows and insula- tion and install air condition.. ing.. Life has been noisy since they bought the house in 2001, she said.. "The whole frame just rat- tles," she said. Rybak :.V. ould not say how much the cities are spending "We will not stand by when a promise is =T broken." Minneapolis Mayor R Rybak on the lawsuit Revealing that figure would give the airports commission an unfair advan- tage, he said.. Rybak conceded the lawsuit could be tough to litigate because aviation law is compli- cated. It is not clear whether the aviation industry is required to "clean up" noise pollution, Rybak said.. Beth Silver can be reached at bsilver@pioneerpreg com or' 612-338-6516. - Online: Read past stories about the airport noise dispute at www, twincities.com, click on Local. ST. PAUL PIONEER PRESS WEDNESDAY, APRIL 6, 2005 DAKOTA COUNTY Cities, schools to develop network Cities and school districts in Dakota County are amping up their access to the Internet = and to each other — with hopes of saving money. The county has invited the Farmington, Lakeville and Rosemount -Apple Valley -Eagan school districts to develop a network of high-speed fiber optic connections, allowing them to share data, voice and video faster. County officials expect the Institutional Network, or I -NET, to link municipal buildings to state and county government more effectively, replacing cost- lier T-1 telephone lines. I -NET was formed in 2001 as a partnership between northern Dakota County schools, cities and libraries. Since then, the county has eliminated 22 copper T-1 telephone lines, at a savings of $160,560 annually. The county spent $174,761 in one-time capi- tal costs, but annual operating expenses have dropped to $52,032. Another seven T-1 lines will be eliminated by the end of 2005. Individual cities and school districts may see similar savings. On Tuesday, the Dakota County Commission voted to unanimously support a joint powers agreement between the three school districts and the cities of Apple Valley, Eagan, Burnsville and the state of Min- nesota. The agreement will allow the parties to develop a plan to construct and manage I -NET and request bids for its implementation. — Frederick Melo In the 26 years that Kris and Magdalen Nelson have lived in south Minneapolis, they've got- ten used to airplane noise, even though it's gotten so loud and so frequent that it often drowns out outdoor conversation. 'But Kris Nelson, who lives with his wife in the 4000 block of Pillsbury Av S.., said he can't get accustomed to the idea that the Metropolitan Airports Com- mission has broken its promise to help people like him who ex- perience average airport decibel levels in the 60 -to -64 range„ Suit says quiet is a protects resource The suit also calls for the court to require that insulation provide at least a 5 -decibel reduction in airplane noise. (A jet airplane on takeoff can gener- ate a decibel level of 180; exposure to decibels of 90 and higher is damaging to hearing.) The suit cites the MAC's statutory obligation to ensure minimum envi- ronmental impact from air navigation, and it also cites the Minnesota Envi- ronmental Rights Act, saying that the quiet of neighborhoods is a protected natural resource. The MAC's position is that it prom- ised to do something for homeowners with decibel levels in the 60 -to -64 range but that it never promised to cover all of the costs related to insulation and air conditioning. The 165 homes at 65 decibels, as determined by a federal weighted average, will get a full insula- tion package costing $45,000„ Since 1996, the MAC has spent $330 million on noise mitigation for people experiencing the worst noise problems, many at $45,000 per home„ Now it's of- fering much less to the last residents to be addressed, More noise mitigation won't come cheap. A budget passed by the MAC in November calls for 10 to 50 percent payments on air-conditioning systems at a cost of $55 million to those in the 60 -to -64 -decibel group. The MAC ear- lier had discussed a more complete package that would have cost $106 mil - "When they decided to ex- pand the airport in the '90s, they promised they were going to noise -insulate, and we agreed to put up with the noise," said Nelson, who hasn't sought MAC assistance„ "We have held up our end. We are looking for them to fulfill their promises." Using the same logic, Min- neapolis, Eagan and Richfield have decided to jointly sue the MAC, the public body that op- erates privately financed Min- neapolis -St. Paul International Airport.. In a lawsuit to be filed today in district court, the cit- ies say the commission should pay for a complete package of noiseproofing for those in that 60 -to -64 -decibel range, lion for the nearly 3,600 homes in the group. The MAC thus far has paid for improvements to about 7,500 homes,. MAC spokesman Pat Hogan said the commission's noise -mitigation pro- gram in that 60 -to -64 -decibel range, paid for by passenger, fees and conces- sions at the airport, is the most ambi- tious in the country, The MAC's plan is under review by the Federal Aviation Administration (FAA), and Hogan contends that the cit- ies could have appealed to the FAA rath- er than sue. The cities' position is that the FAA has no authority beyond approving or disapproving a flawed plan. Minneapolis Mayor R.T. Rybak claims there are at least nine differ- ent public documents in which the MAC committed to a full program of noise mitigation down to a 60 -deci- bel weighted average. Noise insulation became a big issue in the debate in the 1990s about whether to expand the airport or build a new one.. The choice to expand came with strings attached, both sides agree, but the commitment level remains in dispute. Rybak said the MAC has waffled, claiming first that it had to scale back the program because it needed more airport security and then saying mon- ey had to be diverted to airport expan- sion. He added that the cities also are working through Minnesota's congres- sional delegation to have the FAA reject the MAC plan. "Any business in America that makes a promise to pay for its own pollution should be held to that prom- ise, especially when it involves the largest investment that most of these people [homeowners] will ever have," Rybak said. For Bill Kilian, a Richfield City Council member, the decision to join Ale lawsuit was a professional and per; They Say the commission has reneged on promises. 3 cities- to sue MAC, over -0 . - nooseproofing By Terry Fiedler Star Tribune Staff Writer, sonal one. He has lived in Richfield for 35 years, and only recently have the windows of his house at 66th St. and 17th Av begun to rattle periodically. "It's basically been a 35 -year en- croachment with no mitigation," he said. Residents are stakeholders in the airport, he added, but "the airlines and the passengers are treated much more favorably than the residents." In Eagan, the scaling back of the noise -insulation program is likely to affect about 500 homeowners, Mayor Pat Geagan said.. "I'm disturbed," he said. "I think the entire community is disturbed. We were under the impression that we had an agreement." Khris Strehlow of Highview Avenue said she waited years for the abatement help, only to see work on the "full pack- age' of assistance — air conditioning and new windows — stop just to the east and south of her home in 2001. The homes on her block, which abuts Lost Spur Country Club, were to be next in line for help in 2002, she said. Then came 9/ 11. Now she expects nothing more than the partial deal on air conditioning, "which we already have," she said. New windows with double -paned glass are what her fam- ily needs most, Strehlow said. Eagan's decision to join the legal ef- fort ffort came in the form of a unanimous City Council vote, but Geagan said it still was difficult.. "The idea of having to litigate anoth- er governmental agency— I don't know if it's in the best interests of anybody," he said. "But we just really didn't have any options." Staff writerAnthony Lonetree contributed to this report. Terry Fiedler is at tfiedler@startribune.6m. Minnesota Chiefs of Police Association AWARD NOMINATION FORM Citizen Valor Award Nominee: Ken Gilman 249 Arion Street West Saint Paul, MN 55118 Department: Mendota Heights Police Department 11o1 Victoria Curve, Mendota Heights, MN 55118 Nominated by: Chief Mike Aschenbrener Mendota Heights Police Department Summary of reason for candidate's nomination On September 4, 2004 at 19:3o hours, Officer Lee Flandrich had stopped a truck for speeding, 115 mph in a 55 zone, and weaving through traffic. Officer Flandrich was working a Safe and Sober shift at the time. Shortly after the stop was initiated, the driver attempted drive off and became non-compliant. When he attempted to drive away Officer Flandrich attempted to stop him and was caught half in the truck. At this time, Ken Gilman, an off-duty MSP dispatcher, was en route to his part-time job. He saw the traffic stop ahead of him on the right shoulder and pulled to the center lane. As he drove past the traffic stop, Ken observed that there was a problem and the officer was fighting with the driver. Ken immediately pulled over and started to back up. As he was backing up towards the traffic, Ken realized that the suspect's truck was now moving towards him. Ken jumped out of his car and ran behind the truck, identified himself and that he was there to help. Ken immediately grabbed onto the driver and held him, allowing the officer to put the vehicle in park and shut it off. Ken assisted the Officer in removing the suspect from the vehicle and after a short wrestling match on shoulder of the interstate freeway the suspect was handcuffed and taken into custody. During this entire altercation, no one else stopped to provide assistance and only a few people even called 911 to report what was going on. The driver was arrested for 4th degree assault on a police officer, driving under the influence (he has three prior under 21 drinking and driving offenses on his record) driving without a license, underage possession of alcohol, open bottle and speed, 115/55• After being read implied consent the driver did provide a breath test that revealed a .14 BAC on the Intoxilyzer. In nominating Ken Gilman for this award the committee should consider; the danger of making an arrest on a busy section of the freeway, the officer was being dragged down half in the suspect's vehicle, the driver was underage, intoxicated and actively resisting when Ken arrived. Further it should be considered that Ken had the presence of mind to stop and identify himself before becoming involved in the arrest. Thank you for considering Mr. Ken Gilman for the Citizen's Valor Award. Respectfully, Michael Aschenbrener Chief of Police Mendota Heights MN Apr 81 2005 18:48:50 Via Fax -> 6514528948 Administrator Page BB1 of 885 -Friay F x - a A weekly legislative update from the League ofMinnesota Cities City Day at the Capitol a success More than 200 city officials from across Minnesota lobbied for city -friendly legislation and they educated state lawmakers with stories of the services, solutions, and partnerships found at city halls daily as part of the 2005 State of the Cities Legislative Conference and City Day at the Capitol yesterday. The League would like to thank those who attended the Legislative Conference and lobbied for Minnesota cities at the Capitol by telling their "city story.." A list of participants, and a full recap of the conference, will be published in the April 6 edition of the LMC Cities Bulletin.. Questions? C, ontact Brian Strub at 651.281.1256 or at trub(cz„-lana?C or fA Turbo -Charged TNT up next week Next Wednesday morning, the Senate Tax Committee will consider S 1455, the Governor's "turbo -charged truth -in -taxation” bill, also known as the "taxpayer satisfaction survey.." Based upon the League's 2005 legislative policies, the League will be testifying in opposition to the bill.. The bill, authored by Senator Warren Limmer (R - Maple Grove), would eliminate the current truth - in -taxation hearing process and replace it with the taxpayer satisfaction survey for cities over 500 population that would be provided to property owners with the annual truth -in -taxation statement.. The survey would be an attachment or an enclosure that would include the question "Are you satisfied with the proposed property tax levy for (city or county)" and also provide a space where the taxpayer can answer yes or no.. Taxpayers must return the survey by December 1 and the taxpayer is responsible for the postage.. If less than 20 percent of the surveys are returned with a "no" response, the city's levy is not subject to the referendum requirement and the April 1, 2005 Page 1 city would certify its levy to the county in the normal manner.. If at least 20 percent of the postcards are returned with a "no" response, the city or county would have to hold a referendum on the levy increase and certify two levies to the county—one assuming the referendum is successful and one assuming the referendum fails.. The election would be held on the last Tuesday in January. If the voters do not support the proposed levy, the final levy would be reduced to the previous year's level, with adjustments for debt service levy increases and levies that had been previously approved by voters. The local unit of government would certify the final levy to the county the day after the election.. In contrast to previous reverse referendum proposals, this new bill would allow property owners, rather than registered voters to trigger the election requirement. However, if an election were to be successfully petitioned, the final decision would rest with registered voters at the required election.. Unlike levy limits, the process outlined in SF 1455 would not provide cities any levy authority for new growth in the city or for boundary adjustments. As a result, a successful challenge to a levy increase would force the city to revert to the previous year's property tax level with adjustments only for debt service and levies previously approved by voters. Under SF 1455, if a levy is challenged but subsequently approved by voters, the bill does not specify whether a referendum petition would require the voter -approved portion of the levy to apply to referendum market value or net tax capacity., Referendum market value for most classes of property is the assessor's estimated market value of the property and therefore a 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 81 2885 18:41:34 Via Fax -> 6514528940 Administrator Page 082 Of 885 LMC Lcm>er.• ar.vlinurrnla G6 t iliux px,un,tiny .,mvricmr.n -Frida F ax - Y A weekly legislative update from the League ofMinnesota Cities home, a business and an apartment of equal value will pay identical amounts.. If the referendum would require that the levy be applied to referendum market value more of the tax burden would be borne by homes.. If the election requirement is triggered by taxpayer petition, the city could cancel the election if the council reduces its levy to the previous year's level.. However, if the city simply reduces its levy from the September 15 preliminary level but the final levy still represents an increase over the previous year, the referendum requirement would still apply.. Unfortunately, the taxpayer's satisfaction would only be measured based on the preliminary levy proposal.. Taxpayers would not be able to indicate their satisfaction with any adjustments made by the city when the budget is finalized.. The taxpayer satisfaction survey does not anticipate cuts in state aids such as LGA or MVHC.. In other words, taxpayers could force an election on a levy increase to replace losses of state aids.. Questions? Contact Gary Carlson at 651.281.1255 or at gc.,crr_l.7cA ar iron ... o „ Street utility provision removed from funding package in Senate State and Local Government hearing The Senate State and Local Government Committee today removed the street utility authority provision from the omnibus transportation funding bill, SF .1.980 (Murphy, DFL -Red Wing), Senator Claire Robling (R - Jordan) moved an amendment to delete the measure and the motion prevailed on a vote of seven to six.. April 1, 2005 Page 2 Those voting to remove the street utility provision were:: Sen.. Dick Day (R -Owatonna) Sen.. Michelle Fischbach (R-Paynesville) Sen.. Debbie Johnson (R -Ham Lake) Sena Claire Robling (R -Jordan) Sen.. Dave Tomassoni (DFL -Chisholm) Sen.. Betsy Wergin (R -Princeton) Sen.. Chuck Wiger (DFL -North St.. Paul) Those voting to keep the provision in the bill were: Sen.. Scott Dibble (DFL -Minneapolis) Sen.. Linda Higgins (DFL -Minneapolis) Sen. Gary Kubly (DFL -Granite Falls) Sen.. Sharon Marko (DFL -Cottage Grove) Sen.. Dave Senjem (R -Rochester) Sen.. Jim Vickerman (DFL -Tracy) Absent from the hearing was Sen.. Yvonne Prettner Solon (DFL -Duluth).. The vote may mean the end of the debate on this issue in 2005.. Proponents of the street utility initiative had hoped the provision would remain in the Senate omnibus transportation bill because the stand-alone street utility bills. SF 366 (Marko, DFL -Cottage Grove) and 1-11' 313 (Hornstein, DFL -Minneapolis) have not progressed beyond initial hearings in the House and Senate.. The omnibus bill is likely to end up in a conference committee where supporters would have been able to advocate to keep the provision as a measure in the final package.. The League will continue to advocate on this issue and encourages members to keep the pressure on legislators to provide improved funding tools for city streets, Questions? ContactAnne Finn at 651.281.1263 or at Zfinnri'1?,nRnc. or27 For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team.. 651281 1200 or 800,925.1122 Apr 01 2085 18:42:15 Via Fax -> 6514528948 Administrator Page 883 Of 005 Lmc -Fri F x - da a �_��r..Y A weekly legislative update from the League ofMinnesota Cities April 1, 2005 Page 3 Annexation bills laid over until next Ripley), which contains the following enabling yea r language:: Friday afternoon, the House Local Government Committee indefinitely tabled three annexation bills—including a proposal supported by the townships and opposed by cities.. With next Tuesday's looming committee deadline and given committee member uncertainty about provisions in the bills, the committee chair Rep.. Mark Olson (R -Big Lake) stated that he wanted to leave all of the bills on the table to keep a level playing field for the cities and townships.. After the session, Rep.. Olson intends to hold interim hearings in a few communities where recent annexations have taken place in order to hear more of the local perspective.. Community hearings had been scheduled for early March, but were cancelled.. The three annexation bills laid over are : I IF 197:1 (Nelson, P.., R -Lindstrom), FI.F 2060 (Liebling, D -Rochester), and I-IF�r061 (Lanning, R -Moorhead). While the Senate State & Local Operations Government Committee does not plan to hear these bills, the possibility of annexation amendments at some juncture is always a possibility.. Questions? Contact Craig Johnson at 651.281.1259, or c ohnsr::An rY%l�r Administrative fine authority bill advances Sall to prohibit voted down A bill that would allow cities to impose administrative penalties for low-level moving violations advanced on a voice vote after lengthy testimony in the Senate Transportation Committee. Several city officials testified in favor of the bill, SF :1042 (Koering, R -Fort A municipality, by ordinance, may enforce minor traffic offenses through an administrative system separate and distinct from the court system.. Administrative penalties may not exceed the maximum penalty established by law for a petty misdemeanor offense.. An administrative penalty may not be imposed unless the offender is given the opportunity for a hearing held before a hearing officer appointed by the municipality and independent of the law enforcement agency.. A bill that would prohibit cities from imposing administrative fines for traffic was voted down on a vote of six to eight. That bill, SF 1713 (Foley, DFL -Coon Rapids) would have added a provision to Minnesota Statutes (M.S.) 169..022, the uniform traffic code, stating, [N] otwithstan ding any contrary charter provision, no statutory or home rule charter city, county, or town may impose administrative penalties to enforce provisions of this chapter." Both bills attempt to resolve an ongoing dispute between city- and state -level officials that has resulted from conflicting interpretations of the existing law. SF 1042 now awaits a hearing in the Senate State and Local Government Operations Committee.. Questions? Contact Anne Finn at 651.281,1263 or at aL znn,,i7ehnnc.or.g, Mechanical code bill to be debated on Monday Legislation that would repeal the recently adopted International Mechanical Code (IMC) For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651281 1200 or 800.925,1122 Apr 01 2005 10:42:56 Via Fax -> 6514528940 Administrator Page 004 Of 005 -FridaYF ax - A weekly legislative update from the League ofMinnesota Cities and replace it with the 1991 Uniform Mechanical Code (UMC) is scheduled for a hearing in the Senate State & Local Government Operations Committee next Monday, April 4.. The bill, SF 1884 (Sen.. Higgins, DFL - Minneapolis), repeals the IMC and directs the commissioner of the Department of Administration to amend state rules governing mechanical code issues by incorporating references to the 1991 UMC. The bill does not have a House companion.. Proponents plan to offer an amendment to the bill that would also establish a state Board of Mechanical Systems.. Under the proposed language, the board would have the authority to conduct rulemaking and to interpret, administer and enforce all mechanical code issues.. The amendment would set aside the surcharge paid on mechanical system permits to fund the board's operations. It is unclear how the authority granted to the board would affect local building code administration and enforcement. This proposal would prevent the adoption of a single set of coordinated codes that provides for more efficient administration and enforcement of construction regulations. It would also frustrate an effort that is underway to consolidate state construction regulatory functions to create a one- stop -shop for local code officials.. The hearing will be held on Monday, April 4 at 6:00 p..min room 123 of the State Capitol. Questions: Contact Laura Qfferdahl at 651.281.1260 or at lr�rsr rlcal�l cl�sarac: 2M April 1, 2005 Page 4 Anti -municipal liquor store bill pulled from agenda A bill that would have required cities with municipal liquor stores to divest of their goods and buildings by January 1, 2006 was scheduled for a hearing in the House Local Government Committee this week, but was pulled from the agenda by the author. I -IF 1158 (Buesgens, R - Jordan) will likely not proceed in any form this legislative session, and no Senate companion was introduced.. Its likely the Legislative Auditor could do an interim study of Minnesota's liquor regulation, including municipals, as both the Senate and House committees overseeing liquor issues have expressed interest in such a study.. Thanks to all the cities that took time to contact their legislators on this bill.. Questions? ContactJenn O'Rourke at 651.281.1261 or at r�rIAGIkw.rx%Intrc.tAr Legislative meetings in your city Legislators regularly hold district and town hall meetings to update residents on key issues at the Capitol.. These meetings in 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 2 in Wabasha (Eagle's Nest Coffee Shop, 330 Second Street, 8::45 - 10:15am) with Rep.. Jerry Dempsey April 2 in Goodhue (Doc Sawyers diner, 207 2nd Street, 11:.00am-12::00 noon) with Rep.. Jerry Dempsey April 6 in Little Canada (City Center 515 Little Canada Road, 7-9pm) with Reps., Mindy Greiling and Bev Scalze 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 B1 2885 18:43:36 Via Fax —> 6514528948 Administrator Page 085 Of 885 LMC Leeai�o or,�linuerota Cil6•i -FridayF ax - -4 weekly legislative update from the League ofMinnesota Cities April 9 in Walker (Cass County Court House loam) with Reps Larry Howes, Frank Moe, Brita Sailer and Sen.. Carrie Ruud To receive e-mail notification of upcoming town hall meetings near your city, or just to keep up with the Minnesota House of Representatives, subscribe to one or several of the available mailing lists online at lktt.b::;','Y��r�c.lkcxusc:.lt'.st.atca.r.:&r�.nasig:r�a:t.t.t:�stig:xas�:lMIg fistIts Questions? Contact Brian Strub at 651.281.1256 or at bstrr,cb'€r InI??c.oI-g, League conference survey The LMC Board of Directors is evaluating the conference schedule to ensure that future conferences are scheduled at times when as many city officials as possible are likely to attend.. The League recently sent a brief survey on the timing of the annual conference to city officials who have attended the conference since 2000.. If you haven't already responded, please take a minute to complete the survey and return it by April 15 to Rachel Walker at the address below: League of Minnesota Cities 145 University Avenue W St Paul MN 5 5103 Fax:651-215-4145 Thank you for taking the time to provide your feedback on the timing of the annual conferences Questions? Contact Rachel Walker at 651.281.1236 or at rw'c.allC;rrr..lrr'Tnc,�.Ar* April 1, 2005 Page 5 Impaired waters seminar April S Registration remains open for the April 8 LMC legislative update on impaired waters legislation.. LMC staff will answer questions and discuss city impacts of the proposal (ILF-8.26 Ozment/SF.76 Frederickson) to create a state funding pool to address federal water cleanup mandates. For more information visit Irn pai.led Waters \,leetings Questions? Contact Craig Johnson at 651.281.1259 or at �-"ohra.orr �iio�rc:.rrr* Committee meetings MONDAY, April 4, 2005 Senate State and Local Government Operations 12 noon, Room 123 Capitol Chair:: Sen.. Linda Higgins Agenda: S.T.. 762 -Frederickson:: Clean Water Legacy Act; all amendments will be made public at this time.. S.T. 1468 -Cohen: Modifying public employer reimbursement for compensation paid to certain firefighters and peace officers; creating a panel to evaluate claims.. TUESDAY, April 5, 2005 Committee: Regulated Industries 2:30 PM, Room 5 State Office Building Chair: Rep., Joe Hoppe Agenda: HF 687 (Bernardy) Mandating alcohol compliance checks by cities with minimum administrative penalties imposed. For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team.. 651281 1200 or 800 925 1122