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2005-05-06 Friday NewsAUDITORS ARRIVE Tuesday morning this week Esther and Nick, from HLB Tautges Redpath (our auditors) showed up at City Hall and took up office in the small conference room. Esther and Nick are here to complete the City's 2004 audit. Their work will take about two weeks. TOWN CENTER PICKETS Rochon, Ross Fefercom's building contractor on Town Center has non-union carpenters on the job, all other trades working on the project are unionized. On Monday morning this week the carpenter's union did an "informational banner" of the entire job (not pickets),. Some of the union member workers on the project crossed the line and some didn't. On Tuesday, the union only bannered Building F, and then, for only half the day. Wednesday the banners were all gone. Ed Fiskewold, Roshon's job superintendent told me that they were bringing in extra workers to try to catch up for the time they lost, if they were not caught up to their schedule by the end of the day on Friday, they would work the weekend until they were back on schedule. SPRING CLEANUP This Saturday behind Mendota Plaza is the city's Annual Spring Clean Up Day. The event is from 8 a.m. until 2 p.m. Mendota Heights residents may deposit construction debri, tires, scrap metal, furniture and mattresses. Mendota Heights ID is required, no commercial materials are accepted. Thanks to Paster Enterprise, Nitti Sanitation, Scrap Busters, Greenman Tire Recyclers, Dakota County, the Minnesota Office of Environmental Assistance and the many city employees who volunteer their time for this event. PAR 3 AT SUPREME COURT Council Members Duggan and Schneeman, Dan Schleck, Pat Hollister and I attended the oral arguments for the Par 3 appeal at the State Supreme Court in the State Capitol this Wednesday morning. All of us agreed that Cliff Greene our League of Minnesota Cities Insurance Trust appointed attorney did an outstanding job. Dan informed us that he thinks that it will be at least 90 days before we receive the decision from the court. Respectfully submitted, Jim Danielson City Administrator Attachments: Pipeline, Just the Facts, Park & Recreation Meeting Agenda, ARC Meeting Agenda, St. Paul Pioneer Press Articles "Golf course in limbo", Court sides with golf course owner" and "Carpenters protest nonunion workers", Letter from CDA, Letter from Lilydale, Letter from Dakota County and Friday Fax. NEWS• LETTER The Pimpeline Public Works Engineering May 5, 2005 Code Enforcement Public Works The Parks Crew hauled rec rock to the civic center ball field and filled in around the grass lines. They repaired the sprinkler system valve at Mendakota Park on field 2, repaired the sprinkler system at the Fire Hall and started the sprinkler system at City Hall. They planted new pine trees at Marie, Wentworth and Mendakota Parks and put down mulch around them. They also chipped up the dead pine trees from Mendakota Park. John Ambrose fabricated the mower deck runners for the Parks Crew. He also assisted Rich with cutting roots in the sanitary sewer lines. The Street Crew realigned the Ivy Falls Creek bed on Maple Park Drive and filled the ditch with rip rap to the gabion. The street is caving in our storm and sanitary sewer in front of 679 Marie Avenue and our lines are ok. St. Paul Regional Water Service said they couldn't detect any problems. The void was filled with Class 5 and patched which will be monitored for future problems. Rich pulled pump one at the Northland Drive lift station which was plugged with rags and rocks. The high water alarm at the Mendota Heights Road lift station went off because grease was blocking the transducer's view of the water level - so Rich had to scrape grease off the walls. Rich raised a manhole on Lexington Avenue (in Lilydale) and on Marie Avenue. Tom Knuth and Rich televised the City's sanitary sewer lines and the homeowner's sanitary sewer line at 679 Marie Avenue and found no problem. Rich inspected and air tested the newly installed sanitary sewers at the Waters Drive project and everything was good. Engineering The Somerset Area reconstruction is underway! Northdale Construction is installing storm sewer. Arnt Construction has installed the Class 5 aggregate base course on Coleshire. Tom Knuth and Sue met with staff from Dakota County SWCD to discuss this year's erosion control inspections. These are required as a part of the City's NPDES, Phase II permit. Minger Construction finished underground utility work and street construction begins next week at Water Drive Business Park. The Lexington Avenue bituminous trail was paved on Friday. Code Enforcement A building permit was issued to Mihm Custom Homes, Inc. for 700 Hidden Creek Trail. The builders estimated cost is $775,000.00. Issue # 05-16 „i�T� Fes... ,, 7 �A" 4,N14 11-0,0114 HtIdOU H,6� 14 Pd'Cel D�1441411t May 6, 2005 FOUND PERSON 04/29/05 1129 hours Sibley school staff called the PD to report an elderly gentleman who was in the school, not dressed for chilly weather and apparently lost. Officer Scott Patrick responded and called the man's wife to pick up her, husband. She explained they were new to the area and he was on a new medication.. SUSPICIOUS CIRCUMSTANCES 04129/05 2111 hours Officer Todd Rosse took a call from a resident on Claremont who was concerned that his neighbor's garage door had been open all day, A search of the residence revealed no evident problems The garage door was closed and a business card was left for the homeowner POSSESSION OF DRUG PARAPHERNALIA 04130/05 0017 While on routine patrol at Mendota Hts Road and Hwy 13 Officer 'Fanner Spicer observed a vehicle with a large sticker, in the rear, window, obstructing the driver's view. After stopping the vehicle he detected a very strong odor of burned marijuana coming from inside the vehicle. Two marijuana pipes and a dugout (storage containter), all with marijuana residue, were located in the vehicle. Citations were issued, to the driver, and passenger. ASSIST STATE PATROL 04/30/05 1242 hours Officer Eric Petersen assisted State Troopers at the scene of an accident on Hwy 55 at Mendota Heights Road. Mendota Heights Fire Dept was called to extricate one victim. Officer Petersen assisted with traffic control. DAR 04/301051848 hours While doing a routine license plate check on a vehicle driving on Dodd at Bachelor, dispatch advised Officer Todd Rosse that the R/O had a Revoked DL in MN and a valid license from GA. After stopping the vehicle, Officer Rosse learned that the driver was the R/O's sister, and her license was also Revoked. She was given a citation and the passenger was allowed to drive the vehicle to her residence in the next block. POSSIBLE UNDERAGE DRINKING 04130105 2325 hours Officer Jeff VonFeldt was called to respond to a possible underage drinking party at a residence on Culligan When he arrived he saw three unknown age males run from the residence.. -i- Issue ## 05-16 May 6, 2005 The homeowner stated he didn't believe anyone was drinking alcohol.. Officer Von Feldt was unable to locate the three males. 4" DEGREE DWI 05/1/05 0205 hours Officer Tanner Spicer observed a vehicle weaving from lane to lane on Hwy 13 and stopped the vehicle, making contact with the driver, who admitted right away that she had far too much alcohol and needed to go to jail. She failed the Intoxilyzer 5000 test with a result of 17.. She was given a citation, and was later released to a sober, party. THEFTS FROM VEHICLE Officer Scott Patrick took a report of theft from an unlocked vehicle in a driveway on Stanwich on 0511105 at 0714 hours The stolen property was later recovered on a nearby lawn At 0727 hrs on 0511/05 Officer Bobby Lambert took a report of Theft from Vehicle The vehicle owner from Callahan Place had left his vehicle, unsecured, over night. Suspects stole a Visa card that was used the same morning at several businesses to buy gas and food. In another incident, Officer Lambert made contact with a resident on Ridgewood Drive who had two vehicles gone through overnight.. Personal checks that had been taken were later recovered, however, his D/L was still missing.. A resident on South Lane reported to Officer Lambert on 05/1/05 at 0817 hours that property was taken from his vehicle over the night hours. His laptop computer, and cell phone were missing Another resident of South Lane reported to Officer lambert at 0834 hours that his cell phone had been taken from an unlocked vehicle in his driveway. Officer Patrick responded at 0812 hrs on 05/01/05 to an address on Hidden Creek concerning stolen property found near and under a vehicle parked on the street. At 0948 hrs on 05/01/05 Officer Patrick took another report of unlocked vehicles on Hilltop Court that had been gone through overnight. At 1031 hours on 05/01/05 Officer Lambert took a report of Theft from a vehicle parked unlocked, in the owner's driveway on Marie Avenue. Books and other property was later located in the area. A vehicle owner from Ridgewood Drive reported to Officer Lambert that during the night hours of 05101/05, someone had stolen an expensive pair of sunglasses from his vehicle parked unlocked in his driveway. At 0355 hours on 05102/05, while on routine patrol, Officer Tanner Spicer spotted two young males walking a dog on Mohican Lane. He stopped to talk to the males and obtained names and an address The story seemed to be just that. Officer Spicer began back checking the area and discovered a car, that had been broken into and property near another car. He responded to the address given by one of the young men Both suspects cooperated with the investigators and admitted to several of the car break ins and opening mailboxes and looking at mail, and disposing of mail in dumpsters or down sewers Mario Reyes and Brian Convery continue to work this case in preparation for charging.. AOAANARRANT ARREST 05/05/05 0904 hours Sergeant Donn Anderson assisted Stearns County Sheriff's Office by picking up a student from Brown College who was wanted on a felony drug warrant. After several attempts were made to locate this student, he was placed under arrest and transported to Dakota County to await Stearns County pick up.. Our thoughts and prayers go out to the family of Sergeant Gerry Vick and the entire Saint Paul Police Department Sergeant Vick was killed in the line of duty early Friday morning. Officers Eric Petersen and Jeff VonFeldt responded to assist with the perimeter and search. X,. -2- ST. PAUL PIONEER PRESS I WEDNESDAY, MAY 4, 2005 MENDOTA HEIGHTS DEVELOPMENT With courts deciding property's fate, few realize they can still tee off BY BRIAN BONNER Pioneer Press It is not good for business when people think you are no longer iwbusiness. David Bergen knows that well. He is the manager of the Mendota Heights Par 3 Golf Course, which some people mistak- enly believe is closed because it has been the focus of a long-running legal dispute with the city of Mendota Heights„ amend the property's land -use designation to allow for housing or begin eminent domain pro- ceedings to take the course.. The City Council is considering an appeal.. In Mendota Heights, Par 3 Golf Course owners Michael Cashill and Alan Spaulding have been trying to sell to a housing developer willing to Pay $2.35 million for the prop- erty. The city of Mendota Heights, meanwhile, has been vigorously trying to stop the sale„ Under the city's comprehen- sive plan, Mayor John Huber and other officials argue that the land is designated as a golf course. They have said the long- standing designation reflects public opinion and their desire to preserve open space., Course owners, supported by two lower court rulings, argue that the city's own zoning ordi- nance permits single-family res- idential housing development on the parcel in question.. A ttzee judge panel of the Minnesota Court of Appeals, in support of a ruling by District Judge Thomas R. Lacy, cited the inconsistency between the city's comprehensive plan and zoning ordinance. The judges ordered the city to bring the comprehensive plan in line with the zoning ordi- nance, a step that would pave the way for sale of the land and construction of housing.. But the city's lawyers dispute the rulings„ The issue is whether the 18 -acre golf course in the St Paul suburb can be sold for housing.. The case will be heard by the Minnesota Supreme Court at 10 am. today. The ruling, perhaps months away, might have broader implications by more explicitly defining the powers that city governments can wield in regulating land use.. Similar disputes over golf courses have They contend that the Legis- lature, in adopting the Minneso- ta Land Use Planning Act of 1995, gave overriding power to a municipality's comprehensive plan when it conflicts with zon- ing ordinances. Broader issues are at stake as well, said Minneapolis attor- ney Clifford M. Greene, part of the legal team for the city of Mendota Heights,. "In a nutshell, this case is about the propriety of a judicial order that deprives the elected officials of their responsibility to engage in comprehensive plan- ning process," Greene said. "If individuals can persuade judges to engage in piecemeal amending of a comprehensive plan," Greene said, thensuch planning — designed to ensure that land is developed in the community's best interests — loses its meaning. Whatever the merits of the Mendota Heights lawsuit, the dispute has not been good for business at 1695 Dodd Road. Minnesota Golfer magazine's current issue rates the best par 3 golf courses in the metro area. At the end, "they said we were no longer in existence," Bergen said. The unfortunate publicity has had an effect.. Corporate and bar leagues —' important clien- tele — have been calling to say they heard the course was ouf of business.. Bergen said the golf course will stay open for the entire sea- son, regardless of the lawsuit's outcome.. If the owners lose :. broken out in the metropolitan area, driv- en by economic conditions that lately favor the use of land for housing over golf. In Eagan, for instance, Dakota County District Judge Patrice Sutherland recent- ly dealt a blow to that city's efforts to block the sale of the 120 -acre Carriage Hills Golf Course for housing, The judge ordered Eagan to either GOLF COURSE IN LIMBO, 4B `their case, "we may be there for- - ever," Bergen said.. "Don't give up on us." Bergen is part of a new man- - agement team that has made changes designed to make the course easier to play. The grass in the roughs is shorter, Bergen said, and people can reserve tee times on the weekends. S„ Todd Rapp, the Eagan attorney representing course owners, is surprised that the issue has reached the high court. "I don't think it raises novel issues, nor does it have the req- uisite statewide importance that ordinarily justifies Supreme Court review," Rapp said.. "But the Supreme Court thinks oth- erwise,." PIONEER PRESS EAGAN Court sides with golf course owner Ruling may clear way for deNrelopment Golf course (continued) last summer unanimously rejected a proposal to develop the 18 -hole course, located off' Yankee Doodle Road on Wescott Woodlands Drive. The city must either amend the property's zoning to allow f'or the housing development or begin eminent domain pro- ceedings to take the 40 -year- old public golf course, District Court Judge Patrice Suther- land ruled. Either action must begin within 30 days. The legal loss comes as a sig- nificant blow to the council's effort to block development at Carriage Hills, one of the sub- urb's last bastions of open space. `Tm very dejected, Develop- ers used to at least need to get city approval before coming in," said Dan Bailey, a member of the Carriage Hills Coalition, a group of neighbors who have spent years fighting the course's development. "Now, apparently, if you have enough money and can sue people, you can do what you want.." Both the city and developer received word of Sutherland's ruling Monday The City Council will meet tonight in a closed -door session to determine whether it will appeal the decision. Officials had no further comment Mondays "This is a big step.. We know this is an important case with a far-reaching impact in this area," said Christopher Pen- well, attorney for Wensmann and Rahn. "Of course, my clients are pleased with the decision, and, of course, it's the outcome we were looking forward to.. But it's premature to say anything about what happens next until we know what the city will do," he said. Under Eagan's comprehen- TUESDAY, MAY 3, 2005 BY MEGGEti LINDSAY Pioneer Press Carriage Hills Golf Course in Eagan is closed for the season and is likely to stay that way. Course owner Rahn Family Limited Partnership and promi- nent Minnesota developer VVensmann Realty Inc. won a 0 DAKOTA COUNTY PIONEER sive guide plan, the Carriage Hills property is zoned only for parks and recreation. NVens- mann had asked the council to change the area's land -use des- ignation to allow low-density residential housing. The home builders want to add 480 housing units — including condos, town homes and single-family houses — while preserving 40 or more acres as parks and open space- .. But the council refused to amend its comprehensive plan. And it shouldn't have to, Barley said ,'"'hat is a guide plan then? Why have this going into the future if it really means noth- ing and has no legal teeth?" he asked In the lawsuit, Rahn said he was losing hundreds of thou- sands of dollars annually and charged that the ciVs denial of development amounted to tak- ing the course without paying for it. District Judge Patrice Sutherland agreed. In her deci- sion, she said Eagan's denial meant that Rahn had to either incur significant annual losses from the golf course's opera- tions or abandon the property, which allowed the city and its residents to benefit from the land without paying for it. "This one-sided benefit to the city is not only at odds with its goal of preserving public lawsuit Thursday-- against the city of Eagan, bolstering their bid to convert the 1290 -acre golf course into a housing subdivi- sion and park. Wensmann and owner Ray Rahn had sued the city in November after the City Council GOLF COURSE, 4B amenities such as parks and open space through pr!N ate - public partnerships, it is arbi- trary and capricious as a mat- ter of laws," she «rote in her 20 -page decision. "The burden on Rahn is grossly disproportionate to the burden it should be expected to bear while the city reser es the advantage of property rights f'or which it did not pay " Sutherland also said the developer's plans to keep a por- tion of the golf course as park- land supports the city's guide plan, Rahn would say only that he heard he had won his lawsuit., In the past, he has pegged his losses at the course over the past five years at $900,000. Rahn bought it for $3.6 mil- lion in 19%, just weeks after the Carriage Hills Coalition success- fully fought a request from another residential developer to change the comprehensive plan. "tie knew full well what he was doing, so he invested the minimum amount of money possible into the golf course and waited until the market was ripe to sell it," Bailey said.. Penwell said that is nonsense. "Mr. Rahn bought the course with the belief and expectation that it would be viable- He made significant capital improvements to the golf course, and undertook sig- nificant marketing efforts," he said. "It's simply not true that he bought it with the intent of closing it_" in Mendota Heights, a simi- lar legal battle over a golf course is under way this week. The city will go before the state Supreme Court Wednesday to try to stop a housing develop- ment at the Mendota Heights Par 3 Golf Course.. It is the final chance for the city, which already has lost two lower court rulings.. Meggen Lindsay can be reached at mhndsaytapioneerpress corn or 651 22S 5260 Carriage Hilts N 35E Golf Course Yankee Doodle Rd. 1 a Y 3 E Duckwood Dr. E v 6 Wescott Rd. E A G A N=-` .' De&wood D r al 0 DAKOTA COUNTY PIONEER sive guide plan, the Carriage Hills property is zoned only for parks and recreation. NVens- mann had asked the council to change the area's land -use des- ignation to allow low-density residential housing. The home builders want to add 480 housing units — including condos, town homes and single-family houses — while preserving 40 or more acres as parks and open space- .. But the council refused to amend its comprehensive plan. And it shouldn't have to, Barley said ,'"'hat is a guide plan then? Why have this going into the future if it really means noth- ing and has no legal teeth?" he asked In the lawsuit, Rahn said he was losing hundreds of thou- sands of dollars annually and charged that the ciVs denial of development amounted to tak- ing the course without paying for it. District Judge Patrice Sutherland agreed. In her deci- sion, she said Eagan's denial meant that Rahn had to either incur significant annual losses from the golf course's opera- tions or abandon the property, which allowed the city and its residents to benefit from the land without paying for it. "This one-sided benefit to the city is not only at odds with its goal of preserving public lawsuit Thursday-- against the city of Eagan, bolstering their bid to convert the 1290 -acre golf course into a housing subdivi- sion and park. Wensmann and owner Ray Rahn had sued the city in November after the City Council GOLF COURSE, 4B amenities such as parks and open space through pr!N ate - public partnerships, it is arbi- trary and capricious as a mat- ter of laws," she «rote in her 20 -page decision. "The burden on Rahn is grossly disproportionate to the burden it should be expected to bear while the city reser es the advantage of property rights f'or which it did not pay " Sutherland also said the developer's plans to keep a por- tion of the golf course as park- land supports the city's guide plan, Rahn would say only that he heard he had won his lawsuit., In the past, he has pegged his losses at the course over the past five years at $900,000. Rahn bought it for $3.6 mil- lion in 19%, just weeks after the Carriage Hills Coalition success- fully fought a request from another residential developer to change the comprehensive plan. "tie knew full well what he was doing, so he invested the minimum amount of money possible into the golf course and waited until the market was ripe to sell it," Bailey said.. Penwell said that is nonsense. "Mr. Rahn bought the course with the belief and expectation that it would be viable- He made significant capital improvements to the golf course, and undertook sig- nificant marketing efforts," he said. "It's simply not true that he bought it with the intent of closing it_" in Mendota Heights, a simi- lar legal battle over a golf course is under way this week. The city will go before the state Supreme Court Wednesday to try to stop a housing develop- ment at the Mendota Heights Par 3 Golf Course.. It is the final chance for the city, which already has lost two lower court rulings.. Meggen Lindsay can be reached at mhndsaytapioneerpress corn or 651 22S 5260 THE VILLAGE AT MENDOTA HEIGHTS BY BRIAN BONNER Pioneer Press Representatives of a local carpenters union this week held a two-day protest at The Village at Mendota Heights, a showcase $60 million retail -housing -office project under construction. Thomas B. Tinglov, field agent for the St.. Paul -based Regional Council of Carpenters & Joiners, said several union members carried signs to protest the hiring of nonunion carpenters, "They have no training. I don't know about the quality of the work," Tinglov said. "They're getting paid cash wages, no benefits. I believe they're getting paid $10„99 an hour.," The developer of the site is Ross M. Fefercorn, president of Edina -based RMF Entities. "I can't imagine they'd be paying anybody in cash," Fefer- corn said of subcontractors on the job.. "I've never heard of that." As for the work quality, Fefercorn said: "We wouldn't tolerate inferior work." The general contractor for the project is Plymouth -based Rochon Corporation, whose president is Jerry Braton. "I would believe that to be false. We hire quality subcon- tractors," Braton said, "We might have 30 subcontractors on a job like this,, We assume they're following all the laws. They have contracts that tell them to follow all the laws" Tinglov said other union construction workers on the site — ironworkers, plumbers and electricians — stayed away dur- ing the protest that ended Tues- day. Not true, said Braton and Ed Fiskewold, identified as an on- site project manager.. "Everybody worked that day," Braton said. "We did not lose any work due to their union tactics.. We're on schedule, and everything's progressing nicely." Aside from his other con- cerns, Tinglov wants the work to be done by union carpenters, who get paid about $38 an hour in the metropolitan area. "They have no training. I don't know about the quality of the work." Thomas B Tinglov, field agent for the Regional Council of Carpenters & Joiners Fefercorn said many union workers are being hired. "We don't take the lowest price That's not what it's all about,' Fefercorn said. "It's about quali fications and price" Brian Bonner can be reached at bbonner@pioneerpress com or 651-228-2173. CDADakota County Community Development Agency 60*0000000000000000069 May 2, 2005 Mr. Jim Danielson City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Danielson, The Dakota County CDA, with the assistance of Wilder Research, recently completed a survey of residents living in our 18 senior housing developments. Enclosed is a copy of the executive summary from the report. As a valued partner, we are sharing this information with you to document the effectiveness of the CDA's Senior Housing Program in helping to meet the need for affordable housing in your community. The success of the program is a direct result of sustained support from organizations such as yours. We also invite you to attend a presentation of the entire survey results by Wilder Research staff at the CDA's office located at 1228 Town Centre Drive in Eagan on Thursday, May 19 at 2 p.m. You will have an opportunity to ask questions you may have regarding the survey results and will receive an electronic copy of the full report. We hope to see you there. If you are unable to attend the meeting on May 19 and would like an electronic copy of the report, please let me know. If you have any questions, please call me at 651-675- 4501 or e-mail me at kkeenakdakotacda.state.mn.us. Thank you again for your continued support of the CDA's programs. Sincerely, Kurt Keena Director of Property Management 1228 Town Centre Drive • Eagan, MN 55123-1066 tel 651-675-4400 • fax 651-675-4444 Summary This survey of over 1,000 Dakota County Community Development Agency apartment building residents found high levels of satisfaction on everything from the assistance they received when applying for housing, to the maintenance, upkeep, and management of their, units and buildings, A strong majority of residents feel good about the safety and security of their, buildings, and most residents feel that their living situation has improved since moving into their apartment. The Dakota County CDA owns and operates 19 apartment buildings, primarily for lower- income adults. Eighteen of the buildings are designated for adults age 55 or older, and the other is designated for adults who are either disabled or at least 62 years of age.. Close to 90 percent of the residents responded to the survey, which was developed by Wilder Research and the CDA to assess resident satisfaction with building conditions, as well as the residents' service needs and preferences. In terms of general satisfaction with living conditions, overwhelming majorities of residents agreed with statements like "your current housing is in a good location," and "this housing program fits your needs." The social atmosphere was also rated highly, with one resident commenting, "[this building is] very clean and people are very pleased to help you out. We are one big family." Ninety-six percent of respondents said they would recommend CDA housing to family or friends in a similar situation.. Move -in services were rated very highly, whether residents had lived their apartments less than a year or- more than 10 years. Nearly all residents report feeling safe in their apartments and most feel good about their building security. Some residents suggested that more should be done to increase security, however, by adding cameras and increasing vigilance over who is allowed in the building. Survey results do not suggest any large unmet need for services. However, nearly half'of residents report currently using some type of services, such as transportation, congregate dining, or blood pressure checks. Service use is strongly related to age, with over, two- thirds of those age 85 or older using at least one service, Residents generally do not report a large unmet need for services, but many could benefit from transportation and congregate dining opportunities, as well as shopping assistance.. Additionally, several residents noted that without additional supports, remaining in their current apartment may not remain feasible if their health declines in the next .5 to 10 years. Dakota Count v 1 Wilder Research, May 2005. Community Development Agency eity Of aG'my6ale on criie crkw sippi May 3, 2005 Jim Danielson City Administrator 1101 Victoria Curve Mendota Heights MN 55118 Dear Mr. Danielson, For the past many years, Mr. Rich Burrows has been monitoring our Lift Station and storm water sewers. He has been meticulous in his efforts to watch over Lilydale's systems. It is a pleasure to work with some one who is knowledgeable and is able to make me understand any problems that might occur. I am comfortable in knowing that Rich is watching over Lilydale's sewer systems. Sincerely, A.- . eitzm Bernard J. W�CMC Clerk -Treasurer 1011 SIBLEY MEMORIAL HIGHWAY/ LILYDALE, MINNESOTA 55118/(651) 457-2316/ FAX (651) 552-4912 .AA....♦ May 3, 2005 Holly Anderson Dakota County 14955 Galaxie Avenue, 3rd Floor Apple Valley, MN 55124 City Mendota Heial RE: DAKOTA COUNTY 2006-2010 CIP Dear Holly: of is The City Council discussed the Dakota County Capital Improvement Program at their April 12d' meeting. The Council supports the following projects that are currently in the 2005-2010 CIP: • Upgrade of the traffic signal at the Delaware Avenue/ TH 110 intersection which is scheduled for completion in 2005. • The Lexington Avenue trail from Mendota Heights Road to Wagon Wheel Trail which will be completed in 2005. • The Northern Urban Regional Trail (NURT) which is scheduled for construction in 2005. • Traffic signal at Pilot Knob Road (CSAH 63) and Mendota Heights Road which is scheduled for installation in 2006. In addition, the Council would like to see the following projects included in the County's 2006-2010 CIP: • Trail along Wachtler Avenue (CR 8) from TH 13 to Emerson Avenue in the year 2007. • Intersection improvements at Wachtler Avenue (CR 8) and TH 13 to create a 90 - degree intersection. If you have any questions, please call me at (651) 452-1850. Sincerely, Sue McDermott City Engineer Cc- Jim Danielson, City Administrator ✓ 1101 Victoria Curve • Mendota Heights, MN 55118 (651) 452-1850 • FAX (651) 452-8940 Apr 29 2005 17:16:06 Via Fax -> 6514528940 Administrator Page 001 Of 005 -Frida F x - y a A weekly legislative update from the League ofMinnesota Cities LGA technical fix bill passes Senate On Wednesday, the full Senate passed I:IF 47, a bill that retroactively corrects a drafting error that occurred when the LGA program was modified during the 2003 Special Legislative Session.. The bill was approved on a 57-0 vote. The bill passed the full House on March 10 on a 112-20 vote.. The House bill was authored by Rep.. Ron Abrams (R -Minnetonka) while the Senate companion was authored by Sen.. Mee Moua (DFL -St. Paul).. The drafting error occurred within the 2003 legislation that reformed the LGA system and eliminated the 1993 portion of the city aid base— or the grandfathered aid—while retaining the amounts granted to specific cities for special needs.. Unfortunately, the bill that was sent to the Governor inadvertently failed to strike a reference to the formula grandfather.. The error was discovered by the Department of Revenue during the summer of 2003 while they were computing the 2004 LGA amounts.. The impact of including the stray paragraph in the LGA formula calculations was subject to interpretation.. Staff at the House of Representatives Research Department concluded that the inclusion of the paragraph could result in two different interpretations and therefore two different distributions of LGA. With the input of the House and Senate Tax Chairs, the Department decided to distribute LGA for 2004 assuming the Legislature would correct the error during the 2004 session.. Last session, both the House and the Senate approved the correction in their respective versions of the omnibus tax bill.. Unfortunately, the House and Senate never reached a compromise on those omnibus bills and therefore correction was never enacted into law.. April 29, 2005 Page 1 Last summer, the continued existence of the error created a predicament for the Department of Revenue. The Department and Governor had to again make a decision about whether to follow "legislative intent" or the "letter -of -the -law," which included the error.. In the end, and with the support of the League of Minnesota Cities, the 2005 LGA distribution was again computed assuming the error would be corrected in 2005.. The correction contained in this bill is retroactive to aids payable in 2004. LGA distributions in CY 2004 and 2005 were calculated under the assumption that this error would be corrected.. The bill will now be sent to the Governor for his signature.. Questions? Contact Gary Carlson at .1255 or s;ccrr�.sralx!r.' �Iax,.rr�• House property tax articles unveiled The House Property and Local Tax Division released its subcommittee bill late Thursday evening.. The bill is scheduled to be discussed and amended this afternoon in the subcommittee and then forwarded to the full tax committee for its consideration.. We will provide a full summary of the bill and any amendments in next week's Cities Bulletin. The bill contains many provisions of interest to cities, although it is most notable for what it does not contain.. There are no provisions for levy limits, a property tax freeze, or the turbocharged TNT referendum procedure.. However, these proposals could be amended into the bill by the division, the full tax committee, or on the House floor.. The following provisions are contained in the committee bill: 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 29 2005 17:16:49 Via Fax —> 6514520940 Administrator Page 002 Of 005 LMC Zaaae,a orplim„•rote I. il6•i -FriF - ay ax A weekly legislative update from the League ofMinnesota Cities Limited Market Value delayed phase-out (Section 11). The phase-out of the limited market value program is delayed by two additional years.. Under this provision the program will not be fully phased out until taxes payable in 2010. Additionally, the limited market value provisions are extended to all types of property for the remainder of the program's phase out. LMC policy was modified last year to support preserving the limited market value program.. LMC policy does not address an expansion of the program to other types of property.. Affordable rental housing classification (sections 16 and 18). The 4d Apartment Classification is recreated, granting qualifying low-income apartment property a class rate reduction from 1..25%to 1..0 % LMC policy supports incentives for investment in affordable housing.. Payment for property converted to tax exempt (Section 20). The bill requires that when a governmental entity acquires taxable property that becomes tax-exempt, the entity must pay a portion of the property taxes due to all other jurisdictions over the next five years. The purchasing government must pay the full current year taxes due. The government then must either Pay: 1.. A decreasing amount over the next four years (80 percent in the year after the property is acquired, 60 percent the following year, 40 percent, then 20 percent) 2.. A lump sum equal to 150 percent of the current year taxes or can pay A government does not have to pay the taxes if it has a written plan under which the property will become taxable property within five years of acquisition. April 29, 2005 Page 2 Acceleration of TNT dates (Sections 22-27).. The current truth in taxation schedule is accelerated as follows:: Preliminary levy certification by September 1 (currently September 15) Parcel -specific notices sent by October 15 - October 24 (currently November 10 - November 24) Public hearings held November 9 - December 1 (currently November 29 - December 20) Joint TNT Hearings authorized (Section 28).. The bill authorizes joint county -municipality -school TNT hearings. The hearing would be initiated and coordinated by the county.. City participation would be voluntary, and would count as the city's initial public hearing. A participating city's final levy must be adopted at a regularly -scheduled meeting.. LGA formula transition (Section 34). The bill provides for a five-year transition from the small city LGA formula to the large city LGA formula for cities that cross the 2,500 population threshold. Under current law the transition to the large city formula can cause a significant drop in a city's LGA. Currently, only Wells and Lake Crystal would be affected by the provision.. LMC policy supports this provision.. Other provisions contained in the bill that will be covered in greater detail in the Cities Bulletin:: Authorization for local governments to reduce taxes on homes with certain mold contamination (Section 12) A property classification reduction for small resorts (Section 17) Creating a fixed apportionment of the state property tax levy at 95 percent for commercial/industrial property and five percent for cabins (Section 21).. Under currently law 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 29 2005 17;17;30 Via Fax -> 6514528940 Administrator Page 003 Of 005 -Friay a F x- -4 weekly legislative update from the League ofMinnesota Cities approximately 92..8 percent of the levy is paid by commercial/industrial property.. A new requirement for assessors to attend training once every four years on ethics, professional conduct and the need for standardized assessment practices. Questions? Contact Eric Willette at 651.281.1245 or at cwillettE ii'1!Irnaaa .r�r T. Senate committee considers MVHC calculation adjustment This morning, the full Senate Tax Committee is scheduled to consider SF' 204:7, a bill offered by Sen.. Ann Rest (DFL -New Hope) that attempts to remedy a problem created by recent cuts in the market value homestead credit reimbursement.. Under existing law, state reductions in the MVHC are not reflected as a reduced credit on the property tax statement.. Instead, the state reductions result in a reduced property tax levy for affected cities. The bill will likely be laid over for possible inclusion in the third Senate omnibus tax bill.. The MVHC was originally created in 2001 and is a state -paid credit that reduces the property taxes paid by qualifying homeowners.. State law specifies that a homeowner's property taxes be reduced by an amount equal to .4% of the home's market value.. The maximum amount of the reduction is $304 and the credit is phased -out by .09% of the home's market value in excess of $76,000.. The credit fully phases -out for homes over $413,777.. Through the MVHC, the state effectively becomes a property taxpayer by reimbursing local units of government for the reduction in property taxes to homeowners under the credit.. The MVHC does not provide additional revenue to local units of government.. It simply replaces a portion of the property taxes that would otherwise be paid by qualifying homeowners.. April 29, 2005 Page 3 Cuts in the MVHC program enacted for 2003 and 2004 were made to the reimbursement paid to local units of government but the credit continued to be shown on the tax statement.. The cuts in 2003 and 2004 impacted 103 cities that did not previously receive sufficient LGA to cover the across-the-board city cuts imposed to balance the state's budget.. The Governor has proposed extending those cuts for two more years.. When the cuts are enacted after a city sets its property tax levy, the city must absorb the cut due to the fact that the city will receive less revenue than it originally certified when it sets its property tax levy.. However, if the cuts are enacted before the city sets its property tax levy, the city can increase its property tax levy to offset the state cut.. Under this scenario, all property taxpayers in the jurisdiction are effectively paying for the benefit of the reduced property taxes paid by homeowners.. In this manner, the credit acts more like a hidden property homestead classification rather than a state paid credit.. Sen.. Rest's bill would require individual homeowner property tax statements to accurately reflect the actual amount of the state -paid MVHC reimbursement.. This change would also permit the city to collect its total certified property tax levy.. The League's policies support modifications to the MVHC program to make the credit a direct payment to qualifying homeowners. Sen. Rest chose not to introduce a bill to convert the MVHC into a direct payment because of the administrative overhead and cost.. The alternative contained in SF 2043 is consistent with the League's policies.. Questions? Contact Gary Carlson at 651.281.1255 or at rfcar•lsren u%lr�zr�c.+dr 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 29 2885 17:18:14 Via Fax L MC —> 6514528948 Administrator Page 884 Of 885 -Friday F - ax A weekly legislative update from the League ofMinnesota Cities Gun law reenactment bill advances, counter proposal introduced A bill that would reenact the 2003 Citizens Personal Protection Act passed on a vote of seven to five out of the House C ' 'I Laiv and Elections Comrr-ni tee on Wednesday.. State Rep.. Larry- -- Howes (R -Walker), author of .ff:I.F ",2428, is seeking re -passage of the act because a district court judge overturned the 2003 law on the grounds that the way the law was passed was unconstitutional.. Re -passage of the law, also known as conceal - and -carry, may ultimately be unnecessary since the Attorney General has not exhausted appeals of the ruling on behalf of the Legislature.. Still, proponents hope to ensure the law is reenacted regardless of the outcome of a potential Minnesota Supreme Court ruling on the decision that struck down the law., The committee approved one change to the 2003 law:: they agreed to allow private entities that want to ban guns on premises to give verbal or written notice.. The 2003 law requires both verbal and written notice. In spite of testimony criticizing elements of the 2003 law, the committee did not consider any other substantive changes to the bill.. Edina Mayor James Hovland testified on behalf of the League of Minnesota Cities and said that cities are seeking the authority to ban guns in city buildings, facilities and parks.. No amendment to accomplish this request was offered.. Should the bill reach the House floor, the League will seek an author for this amendment.. Because :1F 242a did not meet the committee deadline for policy bills, it cannot reach the House floor without the approval of the I'louse ................. :l_.._egislativc..Adr..ninistrationC�`.oazts:nittc:e. Rules 1:1.:eiYrs......._� April ---- 29, 2005 Page 4 The committee would likely advance the measure.. A similar bill in the Senate, SF 2259 (Pariseau, R -Farmington), has been scheduled for a Monday hearing. On the same day a House committee advanced the 2003 law, a bill was introduced in the Senate that would repeal the 2003 Citizens Personal Protection Act and create a new concealed carry permit law.. SF2271 (Skoglund, DFL - Minneapolis) would be coined the Minnesota Public Protection Act of 2005 and would create new criteria for obtaining and issuing permits to carry.. The bill allows law-abiding citizens to obtain permits; however, it contains more restrictions than the 2003 law.. Significant for cities are provisions that return authority for issuing permits to police chiefs, and authority for local units of government to ban guns on properties. This bill has not been scheduled for a hearing, but may appear in the form of an amendment to other conceal -and -carry legislation.. The, Senate �":ri.xrzr� �r.ev�agx�ipx� and Public S ate.t:1 �..t.}.Ciunittee plans to take up L. 3,59 on Monday, May 2, at 9:30 a.m. in room 15 of the Capitol.. As in the House, any policy bill would need Senate a:rx�:l .r�t$azxirlistr�atic3sa C: e>ara.t.x�:it:tec: approval before advancing to the floor of the Senate.. Based on the talk at the Capitol, re -passage of the Citizens Personal Protection Act this session is probable.. Members who support the League's amendment should contact legislators in the next few days.. Questions? ContactAnne Finn at 651.281.1263 or atinn,1TDY v?c.o):,P. 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 29 2885 17:18:58 Via Fax —> 6514528948 Administrator Page 885 Of 885 -FriFda - y ax A weekly legislative update from the League ofMinnesota Cities Fate of House transportation funding bill uncertain After removing most of the revenue -generating provisions from the House transportation finance bill, FIF 246I (Holberg, R -Lakeville), the House_ Tax t;omiltee rejected what remained of the package on a bipartisan vote.. In a late-night hearing, the committee considered numerous amendments that would have either added or subtracted funds from the state's transportation budget.. In the end, few of the committee members could support the final product. Rep. Mary -Liz Holberg, the bill's author, will have to determine how to proceed.. For now, the bill is considered dead.. Passage of a transportation funding package is necessary to continue the state's transportation operations.. The Senate's transportation funding bill, SF1980 (Murphy, DFL -Red Wing) awaits a hearing in the Senate '1'ax Cornrinttee.. Questions? ContactAnne Finn at 651.281.1263 Shooting range bill update The compromise bill, I-II 2006/SP 1906, worked out over the past year to give shooting ranges protection from the encroachment of development in exchange for establishing state standards for the operation of shooting ranges will have a hearing next week in the Senate Judiciary Committee, despite the fact that policy committees finished their normal hearing schedule on April 12., The Senate Judiciary Committee will meet to hear the bill as soon as possible in an agreement reached today in the Senate Rules Committee between the bill's author, Sen.. Chaudhary (DFL - April 29, 2005 Page 5 Fridley) and the Judiciary Committee Chair, Sen.. Betzold (DFL -Fridley).. The bill will then be sent to the Rules Committee where it must be authorized to be sent to the Senate floor for action.. At this time, the Senate Judiciary Committee is hoping to meet to hear this bill on Wednesday, May 4.. This compromise bill is supported by LMC, the Minnesota Association of Townships, and the Association of Minnesota Counties, as well as by the shooting range industry and virtually every conservation and hunting organization. Questions? Contact Craig Johnson at 651.281.1259 or at ciohnsoT!rs';l�naac.or a.. 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 30 in Rochester (Rochester Public Library, 1012" Street SE, noon-2pm) with Rep.. Tina Leibling Check your local newspaper or radio station for additional dates„ To receive e-mail notice of Upcoming town hall meetings near you, subscribe online at a't:t �:,%r��r��'��'...latstasc'.le.'.st:a'd:ca.rz"kn.txs;�'xarasl.l:tst.gaaa:s.l:g:�a:�x 1:ist.aasfx 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