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2004-03-12 Friday NewsThe Friday News March 12, 2004 Heights Highlights It has come to our attention that the Winter edition of the Heights Highlights, which was delivered about three weeks ago, did not reach some homes. We received a letter from a resident living in the Somerset neighborhood informing us that he and at least several of his neighbors on Somerset Road did not receive the newsletter. Emmy Foster, HR/Communication Coordinator for the City does the newsletter and is working with the mailing company and post office to correct the problem. The newsletters are currently given to the mailing company where they break them down into individual packages to be delivered by Post Office letter carriers to the different sections of the City. If the post office is unable to correct the problem, one option to improve the distribution would be to pay the mailing company to individually address each newsletter. Sue Starts Monday morning was Sue McDermott's first day as the City Engineer. We had coffee and donuts in the Large Conference room so that all the employees could welcome her. Mayor Huber and Council Member Schneeman also attended the event. Fire Department Recognition On Saturday night the Fire Department Relief Association will hold its anmial awards and retirement Banquet at Mendakota Country Club. In addition to recognizing firefighters for years of service and the firefighter of the year, they will be honoring 3 firefighters who retired with a combined 64 years of Service. They are Tom Weinzettel (32 years), Randy McNamara (16 years), and Kevin Perron (16 years). All three were active in the department serving on various committees and in various titles. With Tom Weinzettel's retirement, it makes the first time in the 56 -year history of the department that a Weinzettel is NOT on the department. Tom's Grandfather Jacob served 23 years as the department's first Assistant Fire Chief and then second Chief, Tom's father served 31 years and retired as the Assistant Fire Chief (a position he held for 9 years) and Tom's Uncle Jack served 3 years and Tom's uncle Bob served 30 years as a firefighter for a total years of service of the Weinzettel family name of 119 years. Back Trouble I was notified on Thursday of this week by Paul Berg, one of the City's Building Inspectors, that he had herniated discs in his back and would have to be operated on this coming Tuesday to correct the problem. Paul said that the surgery would require a 4 to 6 week recovery period. We all wish Paul the best, and of course, are hoping for a Very speedy recovery. Respectfully Submitted, Jim Danielson Administrator Attachments: The Pipeline, Just the Facts, Pre -Application Meeting Synopsis, City Council Agenda, Villager Article "MAC maps out noise relief for Mendota Hts", AMM News, and the Friday Fax. N E wsm LETTER The Pwpeline Public Works Engineering March 11, 2004 Code Enforcement Public Works The Street Department made repairs to plow truck #308 which had a broken hydraulic hose on the plow, and a bad o -ring on the hydraulic pressure gauge for the hydraulic controls. They also attended the annual "Work Zone - Traffic Control" seminar. Topics covered were the MnDot Field Manual, updated OSHA standards on high visibility garments, and working safety in work zones. Snow Events for the Week: Date: Event: Response: 3-5-04 6" Snow Plow all areas 3-8-04 2" Snow Plow all areas Monday's snow was harder to plow than Friday's because it came down so fast and iced up on the roads. The Parks Crew removed downed tree limbs from pedways and removed a tree from the pedway at Rogers Lake. They also attended seminars put on by Sherwin Williams Company and Garlock Services, Inc. to test out new equipment for the upcoming season. They received a call on vandalism at Rogers Lake where someone drove through the park and rutted up the grassy areas. Rich jetted and flushed the sewer lines at Lilac Lane, Caren Road and Oak Street. He did sewer inspections at 2400 Pilot Knob Road and 943 Oak Street. He also attended the "Work Zone - Traffic Control" seminar with the Streets Crew. Engineering The Engineering Department submitted the NPDES, Phase 2 Annual Report to the MPCA by the March 10th deadline. Engineering continues to work on the Somerset Street Reconstruction Project. Code Enforcement The first building permit was issued in the Burow Pond subdivision to Lifestyle Homes for a single-family detached dwelling. The estimated cost is $400,000. Issue # 13 T41A"4444+V,H,#4 Ht4,14U H444 P01" D"Ut44 March 12'h,, 2004 MHCCAF REWARD POSTED Criminal Damage to Prop" 03-08-2004 0856 hours Officer Bobby Lambert responded to Friendly Hills Middle School it on damage to property report. Over the weekend, someone clogged the sinks and turned the water on causing overflow into neighboring rooms and the rooms on the level below. The building sustained extensive damage. The MHCCAF has posted a reward for information in the case. Keep an eye on Town Square TV they are doing short presentation on Sgt Neil Garlock and Officer Tanner Spicer's recognition by the Dakota County Chapter of MADD. Recovered Stolen Auto 03-05-2004 1502 hours Officers responded to Mendota on the report of a suspicious vehicle. The car had been parked behind a business for several days. Upon closer inspection, the vehicle was signed stolen out of Roseville. The vehicle was brought to the MHPD garage and processed for fingerprints. Check the Welfare 03-05-2004 2236 hours Officer Tanner Spicer responded to a Lilydale business on a confused elderly male. Upon making contact with the party, Officer Spicer determined that it was most probably a medical emergency and called HealthEast to the scene. The paramedics transported the party after determining it was likely he was having a stroke. No Insurance / Fail to Transfer Title 03-06-2004 2333 hours Sergeant John Larrive spotted a vehicle traveling at a high rate of speed past MHPD. Upon pulling behind the car, it immediately slowed down. A check of the license plate on the in -squad computer revealed that the car was impounded by the DCSO. The vehicle was stopped and the driver indicated he was the registered owner. Sgt. Larrive obtained the driver's license at this point and determined he was not the person the computer Issue # March 12'h,, 2004 showed as the owner. The driver had purchased the car on 12-03-2003 and had not yet transferred the title into his name because he did not have insurance. The driver was cited, the car was towed, and the driver given a ride home. 5th Degree Assault 03-07-2004 2359 hours Officer Tanner Spicer responded to the Super America on the call of a man who had been hit with a gun. The suspects fled westbound on Hwy 55. Upon Officer Spicer's arrival, the suspect had returned to the scene where, a felony stop was conducted and the suspect was taken into custody. After reviewing the security tape, it was not clear what the suspect had hit the victim with. The witnesses all stated it was a gun. It was determined that the county attorney's office would never charge the felony assault without the weapon as evidence. Officers viewed the security tape and could not conclusively determine if it was a gun. The suspect was transported to DC jail and charged with a misdemeanor assault. Terrorist Threats 03-08-20041848 hours Officer Jennifer Hurst took a complaint from a middle school teacher who had two kids walk up and pull out, what appeared to be, two small hand guns from the front of their pants. They fired several times before stopping and running away. After realizing that the guns were cap guns, the victim yelled at the kids as they ran off. After the initial shock wore off she contacted the police. The case is still being followed up on at this time. 4t" Degree DUI / Warrant Arrest 03-08-2004 2202 hours Sergeant John Larrive observed a car parked in the main aisle of the parking lot in front of the liquor store. He used his PA to try and get the driver to move his car to a parking space but this did not work. Sgt Larrive then went to talk with the driver and found he was extremely intoxicated. He failed SFST's and was arrested for DUI. After running a driver's license check on the passenger to see if he could remove the car, it was determined that he had an active warrant out of Ramsey County. Both were arrested and taken to jail. DAS / No Insurance 03-10-2004 0017 hours Officer Jeff VonFeldt ran a computer check on the car in front of him on 135 and determined that the driver was suspended. The registered owner was a female, after determining that a female was driving, he stopped the vehicle. The driver was the registered owner, she was arrested. It was also determined that the vehicle did not have insurance. (Don't even think about dropping that uninsured / under insured motorist insurance coverage) The car was towed by Southeast and the driver (after receiving her citations) was transported to a phone to call for a ride. Have a great weekend! Mike (D CITY OF MENDOTA HEIGHTS March 9, 2004 TO: City Council, Commission Members, and City Administrator FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Pre -Application Meeting Synopsis Staff met with five potential applicants on Monday, March 8, 2004. Sue McDermott, Marc Mogan, Steve Grittman, and Patrick Hollister were present. Dawn Martin, Mendota Heights Business Center South Plaza Drive Staff spoke to Ms. Martin by conference call regarding her plans to provide Reiki energy working as part of the practice of Chiropractor Dr. Kim Heffron at Mendota Heights Business Center on South Plaza Drive. Mendota Heights Business Center is located in the B-1 zone. Staff determined that the B-1 zone would allow Ms. Martin to provide this treatment as part of Dr. Heffron's practice during his normal office hours. Ross Fefercorn, RMF Entities Mike Kraft, HTG Architects Jeremy Thomas, RJ Ryan Construction, Inc. Gateway Bank at Town Center The above gentlemen met with Staff to discuss PUD Final Development Plan approval for Gateway Bank at Town Center. Staff provided the gentlemen with the checklist of materials for PUD Final Development Plan approval. The gentlemen intend to appear before the Council at their regular meeting on Tuesday, March 16, 2004 for approval. Rob Clapp, 1.167 Dodd Road Mr. Clapp met with Staff to discuss the possibility of moving a house within Mendota Heights from 1680 Lexington Avenue South to the vacant lot at 1167 Dodd Road. The lot at 1167 Dodd Road is zoned R-1, Single -Family. Staff reviewed all applicable setbacks in the R-1 zone with Mr. Clapp. Staff also advised Mr. Clapp to contact the Code Enforcement Officers for any building code issues involved with moving a house. Mr. Clapp said that he would determine if the house could fit on the lot and conform to all setbacks. If the house carmot fit on the lot, Mr. Clapp said that he would stick -build a house on the lot that would conform to all R.-1 requirements. B. J. Inserra 2138 Aztec Lane Mr. Inserra currently has an attached two -car garage. Mr. Inserra would like to convert his garage into living space and add a slightly larger two -car garage to the front of his house. Mr. Inserra said that his plans would include adding a second story to the attached garage. Staff reviewed Mr. Inserra's plans and determined that it would require at least two, and possible three, variances. Staff also told Mr. Inserra that he would need to demonstrate an appropriate hardship to justify the variances, and that there was no guarantee that the variances would be approved. Mr. Inserra said that he would like to apply anyway. Staff provided Mr. Inserra with the appropriate materials for a variance application. Mr. Inserra intends to apply for the April 2004 Planning Commission meeting. Mark Brown, McGough Construction Henry Sibley High School Mr. Brown met with Staff to discuss the possibility of new signage at Henry Sibley High School. Mr. Brown said that some parents of Sibley students are interested in raising money for a scrolling digital display sign on the Delaware Avenue side of the High School to advertise upcoming events. Staff informed Mr. Brown that the Zoning Ordinance does not allow such signs, and that even if the Council wished to permit such a sign, the Council would have to amend the zoning ordinance to allow it. Staff also informed Mr. Brown that the High School is in the R -i zone and that the sign would also require variances for size, number, and possibly front -yard setback. Mr. Brown told Staff that at this point the ISD 197 School Board has not officially endorsed any plan for a sign, but that they did authorize him to inquire with the City about whether or not the sign would be allowed. Staff suggested to Mr. Brown that if the School Board wished to pursue this idea, Mr. Brown should make a concept drawing of the sign and return to meet with the Planning Staff again. Mr. Brown could then write a letter to the Council asking whether or not they would be willing to consider an amendment to the sign ordinance to allow a scrolling digital sign before malting a formal application for a Zoning Ordinance Amendment and variances for the sign. Mr. Brown said that he would return to meet with Staff after he had made a concept drawing of the sign. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA CITY COUNCIL AGENDA March 16, 2004 - 7:30 P.M. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Agenda Adoption 5. Approval of the March 1, 2004 City Council Minutes. 6. Consent Calendar a, Acknowledgement of the NDC4 Meeting Agenda for the next Executive Committee Meeting. b. Acknowledgement of the February 2004 Treasurer's Report. c. Acknowledgement of the Nuisance Complaint on 4th Avenue. cl. Acknowledgement of the Request from the City of Eagan for Support of Full Funding of State Highway Improvement for Highways 3, 13 and 149. e. Acknowledgement of Information for Vehicle Update. f. Acknowledgement of Response for Stop Sign Request on Frontage Road. g. Authorization for Purchase Order of Fire Department Replacement Vehicle. h. Approval of Successful Completion of Probationary Period for Finance Director Kristen Schabacker. i. Approval of Traffic Control Request (Marie and Victoria) Ordinance No. 390: "AN ORDINANCE AMENDING TITLE 6 CHAPTER 3 SECTION 1 OF THE CITY CODE". j. Approval of Purchase Order for 2004 Street Sweeping Bids. k. Approval Sign Permit for 1200 Mendota Heights Road, Super America #4516. I. Approval of Retaining Wall Replacement for JES Enterprises Office Building/Printware Pond, Job No. 9213. m, Adoption of Resolution No. 04-17: "RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE SCHOOL FACILITY REVENUE REFUNDING NOTE, SERIES 2004 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO (ACADEMY OF THE VISITATION PROJECT)'. n. Approval of Contractor List. o. Approval of Claims List. 7. Public Comments 8. Public Hearings Somerset Neighborhood Street Reconstruction Project Resolution No. 04-18: "RESOLUTION ORDERING OF IMPROVEMENT, AND PREPARATION OF PLANS AND RESOLUTION FOR STREET RECONSTRUCTION IMPROVEMENTS TO SERVE PROPERTIES IN THE AREA REFERRED TO AS THE SOMERSET NEIGHBORHOOD INCLUDING SOMERSET VIEW, SOMERSET HEIGHTS PLATS, AUDITORS SUBDIVISION 3 AND SURROUNDING AREAS (JOB NO. 200203, IMPROVEMENT NO. 2004, PROJECT NO.1) 9. Unfinished and New Business a. Case No. 02-11: Ross Fefercorn, Final Development Plan for a Planned Unit Development for Gateway Bank. Resolution No. 04-19: "A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT FOR THE GATEWAY BANK OF THE TOWN CENTER REDEVELOPMENT PROJECT". b. Case No. 04-05: Klingelhutz Development Company, Southwest Corner of Highway 13 and Highway 55 — Conditional Use Permit for a Planned Unit Development, Preliminary Plat, Wetlands Permit and Variance for Individually -Owned Town Office Buildings. Resolution No. 04-20: "A RESOLUTION APPROVING A WETLANDS PERMIT, PRELIMINARY PLAT, CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT, AND VARIANCE FOR A RESIDENTIAL DEVELOPMENT AT THE SOUTHWEST CORNER OF HIGHWAY 13 AND HIGHWAY 55". c. Discussion of Distribution of Heights Highlights. d. Discussion of Joint Airport Board - Indemnification. 9. Council Comments 10. 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, however, this may not be possible on short notice. Please contact City Administration at 452- 1850 with requests. This meeting is being taped by NDC4 (651-450-9891) and will replay on Friday at 1:00 p.m. and 7:00 p.m. on the NDC4 Government Channel 18 Ir°sh pipefs fednesday March 17 5:®® pm� vem on Gmnd amous for Walleye" 56 Grand kie. 51-228-9030 A iem5ar F1 AW 91 All Certified Instructors In - by Bill Wagner Relief is on the way for the city of Mendota Heights, according to new maps of airport noise levels released by the Federal Aviation Administration (FAA) and the Metropolitan Airports Commission (MAC). Projected airport noise for the year 2007 will be lower over much of southwestern Mendota Heights due to the construction of a new north -south runway at Minneapolis - St. Paul International Airport, according to the MAC. The runway, which runs roughly parallel to Cedar Avenue in Minneapolis, is scheduled to open in late 2005. It is expected to eventually handle 37 percent of all takeoffs at the airport, according to Chad Leqve, man- ager of aviation noise for the MAC. Leqve said it was clear that the 2007 noise projections would benefit Mendota Heights. "We're taking a good volume of departure traffic and putting it on this new runway," he said. "I doirft know if you can put a percentage (of noise decrease) on it, but I think there's a benefit. " The new Runway 17-35, which has been in the planning stages since the mid-1990s, will direct takeoffs to the south over Richfield, Bloomington and Burnsville. There will be no takeoffs to the north. Mendota Heights resi- dents, who complain most about takeoffs from the airport's two parallel runways, will not be affected by airport noise from the new runway, but city officials differ on how much less noise the city will be subjected to when the new runway opens. City Council member Jack Vitelli, the city's representative on the MACs 12 -member Noise Oversight Committee (NOC), thinks the noise -level maps are the best news Men- dota Heights has had on airport noise in a long time. "It looks like the city is going'to come out pretty good," he said. According to him, Mendota Heights could see as much as a K ii ill r rijilli 111111 ... I � I - ill 50 percent reduction in airport noise because of the new runway. However, council member Sandra Krebs- bach, the city's alternate on NOC, has reserva- tions. Though she admitted that the new noise projections were a step in,,the right di- rection, she estimated that only a quarter to a third of Mendota Heights will realize a reduc- tion in noise. Mendota Heights residents have com- plained for years about airplanes taking off from the two parallel runways and straying over the city instead of sticking to the airport noise corridor that runs along 1-494. The new noise projections show that after the new runway opens in 2005, noise levels will drop from 70 to 65 DNL (a measurement of daytime and nighttime decibels) on the western edge of Mendota Heights and from 65 to 60 DNL east of Highway 55. For most Mendota Heights residents living northeast of 1-35E and 1-494, noise levels are expected to drop below 60 DNL. Vitelli pointed out that 6� DNL, the thresh- old that qualifies a home for soundproofing, will be almost strictly west of Highway 55 after the new runway opens."IfU no longer in- clude St. Thomas Academy and Visitation," he said. This month, the NOC will meet to discuss whether additional money should be allo- cated to soundproof residences that fall within 65 DNL. "But I don't think there'll be any new sound abatement money offered to Mendota Heights residents," Vitelli said. The NOC meetings will take place at 1:30 p.m. on Thursday, March 11, and on Wednes- day, March 24, at the MACs general office, 6040 S. 28th Ave., Minneapolis. Following re- view by NOC and an environmental commit- tee, the MAC will review the noise contour maps and related issues. A public hearing will be held prior to a vote by the MAC and a re- view by the FAA. Association of Metropolitan Municipalities Page 1 of i March 8 - 12, 2004 ARCHIVES Governor Releases Supplemental Budget Proposal No Changes to Local Government Aids or Credits On Thursday, March 4, Governor Pawlenty released his 2004-05 supplemental budget proposal, which would address the $160 million budget deficit forecasted last month and provide $63 million for what he termed "critical initiatives that must be addressed this session." The Governor's proposal includes $96 million in spending reductions, $50 million in revenue adjustments, and $76 million in one-time balance transfers from other state funds. It does not include any tax increases or use of the state's budget reserve. Of the $96 million in spending reductions, approximately $40 million would come from a reduction in provider reimbursement rates paid by the Department of Hurnan Services, $20.2 million from surpluses in the state grant and tuition reciprocity programs administered by the Higher Education Services Office and $17.6 million from an across-the-board cut to state agencies. To yield an additional $50 million in revenue, the Governor proposes improving ompliance with cigarette tax collections ($10.5 million) and requiring the sales tax on car and truck leases to be paid up -front rather than as part of a periodic payment schedule ($35.6 million). The proposed revenue transfers include $70 million from a surplus in the Health Care Access Fund, and $6 million, or one-half of the balance, from the 21st Century Minerals Fund. New or additional firnding is recommended to pay for increases in the state prison population ($2.8 million); various education programs ($10 million); the capital budget ($13.8 million); civil commitments to the Minnesota sexual offender program ($8.6 million) and replacement funding for public defenders ($7.7 million). A co -pay requirement imposed on those using a public defender was struck down by a recent court decision. The Governor's proposed budget does not include any reductions in local government aids or credits. Legislative review of the Governor's proposal should begin this week and is likely to include an examination of alternative revenue shifts and expenditure reductions, as well as use of the budget reserves and imposition of levy limits. Employee Relations Subcommittee Supports Salary Waivers Salary Cap Bill To Be Introduced in Senate On Friday, March 5, the Legislative Coordinating Commission's Subcommittee on Employee Relations voted to support salary waivers for two metro counties; authorizing $140,000 for the Ramsey County Administrator and $135,000 for the Washington County Administrator. The subcommittee's action is advisory to the Commissioner of Employee Relations who makes the final decision. Testimony from the Deputy Commissioner of Employee Relations suggests the waivers may not be approved. http://www.amml 4.5.org/newsletter.htm 33/9/2004 Association of Metropolitan Municipalities Page 2 of 3 In addition to reviewing the Ramsey and Washington County waiver applications, the subcommittee also had a broader discussion of the salary cap. While there was support to modify or repeal the cap, no motion or committee bill was offered. Some subcommittee members supported an increase in the cap to 105% of the Governor's salary. Senator Steve Kelley (DFL Hopkins) expressed support for repealing the cap and indicated that lie would introduce legislation to do so this week. Meanwhile, the House Local Government and Metro Affairs Committee is scheduled to hold a hearing this Wednesday (March 10) on a House bill (h.f. 1759) to exempt local government officials from the salary cap. Cities Hear MCES Proposals for Alternative Wastewater Treatment Charges The Metropolitan Council's Environmental Services (MCES) Division heard from numerous city representatives last week in a set of meetings to discuss the current budget shortfall facing MCES and potential changes to the existing system for funding regional wastewater treatment operations. Dry weather conditions late last sunirrrer and fall significantly reduced the amount of inflow and infiltration into the regional wastewater system. While inflow and infiltration are generally viewed as something the system needs to reduce, the significant and unexpected reduction in system flow has left MCES facing an estimated budget shortfall of $4.1 million for 2004. While the meetings began with a discussion of the current year budget shortfall, and the capacity of MCES's reserves to handle the situation, the majority of each meeting was devoted to a discussion of how to avoid fixture budget shortfalls resulting frorn lower than predicted system flow. MCES staff proposed three potential alternatives, including: (1) having larger than normal rate increases in coming years to replace reserves used for 2004 and establish a larger reserve capable of withstanding multi-year droughts; (2) establishing mid -year or next -year surcharges that would be automatically triggered by low wastewater flows; and (3) moving to a "firm flow allocation," which would base each city's bill on their flow dating back 18 months rather than the current six. This would allow MCES to avoid having to estimate system flow at the time they set their annual budget and rates, and would give cities certainty in their charges for the upcoming year. Attendees at the two MCES sponsored meetings largely rejected the notion of low -flow triggered surcharges; however, opinion was split over the proposal for a firm flow allocation versus continuing with the existing system, but with larger MCES reserves funded through a multi-year rate increase. If a representative of your city was unable to attend the meeting, or if you have any questions or concerns regarding the information presented by MCES, please feel free to contact Kris Wilson at AMM (651.215.4003). AMM will continue to monitor the Council's debate over this issue. Current AMM policy IV -D on funding regional services states that "fees should be uniform by type of user and set at a level that will: 1) support effective and efficient public services, based on commonly accepted industry standards; and 2) allow for sufficient reserves to ensure service and fee stability over the long-term." Member input on how the various alternatives under consideration coincide with this position are welcome, as always. http://vAvw.anim 145.org/newsletter.litin 3/9/2004 Mar 05 Z004 15:5Z:41 Via Fax _> 65145ZO940 Administrator Page 001 Of 004 LMC L,�,yiw Cizi­ ?­ -FridayFax- A weekly legislative update from the League of Minnesota Cities Supplemental budget released Thursday the governor released his plan to address the budget deficit and fund a handful of new initiatives. His supplemental budget eliminates the $160 million forecasted general fund deficit through a mix of spending reductions, revenue adjustments and one-time transfers from other funds. He did not recommend further cuts to local government aid programs, but proposed reductions and adjustments in areas such as education programs and health and human services provider reimbursements. He also proposed a 3 % reduction in state agency operating budgets for all agencies. He is proposing spending $62 million on new initiatives and emergency items, including spending for several programs that would benefit cities in the areas of public safety and economic development. Expect both bodies to hold hearings on the budget recommendations over the next few weeks. See next week's Bulletin for more information. To download the governor's full supplemental budget, visit the Dept. Finance's website at www.firlance.stateann.us. Final city levies down $10 million from preliminaries Final city certified 2004 property tax levies are 7.9 percent, or $90 million higher than 2003 certified levies. This represents a $10 million reduction from the preliminary 2004 levies set last September. Cities' LGA and MVHC reimbursement were reduced $170 million for 2004. Cities over 2,500 population were only allowed to increase their levies by 60 cents for every dollar of 2004 aid March 5, 2004 Page I and credit loss. Because of these tight levy limits, and because city officials are responsibly looking at other ways to balance their budgets, the total city property tax increase of $90 million is only $20 million higher than it was in 2001 and 2003, the last two years in which there were no aid or credit reductions to cities. Property taxes for all local governments are up 6.2 percent or $283 million over 2003 levels statewide ARMR bills heard next week Two bills sponsored by a coalition of businesses known as the Alliance for Reasonable Municipal Regulation (ARMR) are scheduled for a hearings in House and Senate committees next week. HF 2103 (Nelson, C., R -Rochester) would impose numerous restrictions on municipal building and development fees and land dedications. As introduced, the bill would require cities to demonstrate a "direct and essential nexus" between development fees and land dedications and a specific need created by a project. It would also prohibit a city from conditioning the approval of a development or subdivision on an agreement to waive the right to later challenge the validity of a fee or dedication. The bill was tabled in a previous meeting of the House Local Government committee when testimony revealed problems with aspects of the bill. The League and other city organizations have been working with the author and proponents of this proposal to moderate the bill. HF 2103 will be heard in the House Local Government committee on Wednesday, March 10'h at 2:30 p.m. in room 200, State Office Building. Another ARMR proposal, HF 1901 (Paulsen, R - Eden Prairie)/SF 2037 (Kiscaden, IP -Rochester), For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations learn. 651,281.1200 or 800.925.1122 Mar 05 2004 15:53:23 Via Fax _> 6514520940 Administrator Page 002 Of 004 LMC COOS • -FridayFax - A weekly legislative update from the League of Minnesota Cities is scheduled in for a hearing in House and Senate committees on Tuesday, March 9. This legislation would require cities to pay property owners' attorney fees in an eminent domain proceeding if the final damage award exceeds the condemning authority's original offer by 20 percent or more. It would also require cities prove that property taken through condemnation serves a "primarily public purpose." The League is concerned that this proposal will delay public projects and increase acquisition costs by creating a disincentive for property owners to settle. We are also concerned that the public purpose provision could have devastating consequences for local redevelopment, economic development and housing initiatives. HF 1901 will be heard in the House Local Government committee at 2:30 p.m. in room 200, State Office Building. SF 2.037 is scheduled for a hearing in the Senate Judiciary committee at 12:30 p.m. in room 112, State Capitol. Homeowners' protection bill advances in House Next week the House Local Government committee will vote on legislation that addresses moisture intrusion and other problems in newly constructed homes. HF 1801 (K.linzing, R - Woodbury), also known as the Homeowners' Protection Act, requires additional building code enforcement reporting, requires pro -license education and continuing education for building contractors, provides public education for homeowners, and provides a pre -litigation dispute process and attorney fees for certain homeowners who prevail in court. Section 2 of the bill requires municipalities to provide detailed accounting of staff time devoted March 5, 2004 Page 2 to building code administration and enforcement in their annual construction and development fee reports. The bill would also require municipalities to explain surplus construction and development fees. If fees collected in a calendar year by a municipality exceed the expenses for which the fees were collected, then the municipality must: 1) describe its plan to reduce future fee revenue; 2) describe its plan to increase the quality or quantity of activities related to the fee; or 3) explain why it does not expect the surplus to be repeated in future years. The Local Government committee will hear HIT 1801 on Wednesday, March 10 at 2:330 p.m. in room 200, State Office Building. The Senate has not scheduled a hearing on the companion bill, SF 2248 (Scheid, DFL -Brooklyn Park). Annexation action alert HF 2738 (P. Nelson, R -Lindstrom) was introduced this week. It is a bill that makes sweeping changes to annexation law, including requiring that all annexations of any size must be Orderly Annexations, which essentially gives townships complete veto authority over any annexation. It also completely removes individual property owners rights to have their property annexed unless the township agrees to it. It further requires all annexations to be approved by the county board as being consistent with the county comprehensive plan. This is very troubling piece of legislation and may be pushed for fast action next week. City officials who are concerned about this bill are strongly encouraged to contact the office of Rep. Dempsey, the chair of the Local Government and Metropolitan Affairs committee, to ask to be made aware of any scheduled hearing on annexation and to be given time to testify on their concerns if the bill is scheduled. 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 Mar 05 Z004 15:54:05 Via Fax _> 65145ZH940 Administrator Page OB Of 004 LMC L"y—dAt ;1114 -FridayFax- A weekly legislative update from the League of Minnesota Cities Meth ordinances, anyone? There are major meth bills traveling through the House and Senate committees in the form of HIT 1989 (Fuller,R-Bemidji)/SF 1580 (Rosen, R - Fairmont). The bills deal with a number of issues surrounding the creation and abuse of the drug methamphetamine, commonly referred to as meth. An amendment has been brought forward to pre- empt cities and counties from passing more restrictive ordinances regarding the sale of pre- cursor drugs. These pre -cursor drugs are items such as Sudafed and other cold -tablet like medicines that. are used to make or "cook" meth. The pre-emptive language has been added to the Senate bill, but the League and AMC were able to defeat the measure in House Judiciary Committee. Has your city passed an ordinance regulating the sale of such products? If so, please contact Jenn O'Rourke (ph: 651.281.1261, fax: 651.215.4119, or email jorourke@21mric.org?). If it is not, but its something you are discussing at the council or staff level, we'd like to know more. Many counties are acting to pass their o\vn ordinances dealing with the other negative aspects of meth, such as cleanup of sites—but League would like to know more about what cities are up to on this issue. Legislation update Here is a quick update on just a few of the bills LIVIC IGR staff are tracking this week. HF 898 (Thissen, DFL-Mp1s) allows inverse condemnation claims to be made against local governments under certain circumstances where a private vendor has been prohibited from providing a good or service that they previously provided. This bill is aimed at ending organized March 5, 2004 Page 3 garbage collection, but is worded broadly and will affect other areas. The bill was passed to the House floor by the Local Government and Metropolitan Affairs committee on a close vote, but may now be heading back to the Environment and Natural Resources committee for debate on the solid waste policy implications of the bill. HF 2005 (McNamara, R-Hasting) removes the sunset date on the ban on phosphorous in lawn fertilizer. It also extends the ban statewide. The bill was passed to the floor of the House with very little debate and was supported by LMC. SF 2224 (Sams, DFL -Staples) supplies $25 million of bonding authority for use by cities who are required to improve wastewater treatment facilities because of pollutant load reduction requirements under a TMDL. It also requires the state to provide a 5000 cost share grant to cities who have those requirements. It was heard and laid aside for possible inclusion in the bonding recommendations of the Senate Agriculture, Environment, and Natural Resources Finance committee. Deadlines, schinedlines After not being able to negotiate on bill deadlines, the House went ahead and set their own first deadline for hearings of bills by March 12. Their very aggressive timeline has resulted in lots of long meetings into the evening in order to hear members' bills. While the Senate has also had full agendas for their hearings, the committee load has not quite matched the pace in the House. LMC staff just confirmed with Senate leadership that they have not set deadlines yet. House finance committees are putting together their bonding recommendations and many of these compilations will be before the full Capital Investment committee, chaired by Rep. Krinkie (R -Shoreview), on Thursday afternoon. 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 Mar 05 2004 15:54:47 Via Fax —> 6514528940 Administrator Page 004 Of 004 -FridayFax- LMC 4j;I!, A weekly legislative update from the League of Minnesota Cities March 5, 2004 Page 4 Upcoming hearings Cable franchise reform bill to be heard For a full listing of House and Senate schedules, go to the legislative website at wwwje).stafeann.us and click on schedules. It's best to check in with committee staff to make sure the bill is still on the agenda. This time of year, many get pulled or added at the last minute. House Local Government Tuesday, March 9, 2:30-7 pm. Room: 200 SOB Chair: Rep. Dempsey HIT 2270 (Adolphson) Newspaper publication bill HIT 2493 (Lanning) Public funds collateralization bill, allowing banks to aggregate local government accounts Senate Crime/Public Safety Wednesday, March 10, 12:30 prri Room :15 Capitol Chair: Senator Foley Complete discussion on meth bills House Regulated Industries Wednesday, March 10. 2:30-7 pin Room: 5 SOB Chair: Rep. Westrorn Discussion of liquor law and liquor bills. I -louse Local Government and Metropolitan Affairs Wednesday, March 10, 2004, 2:30 PM Room: 200 State Office Building Meeting Time Note: If needed, the Local Government Committee will recess at 4:15 pm and reconvene in room 400 North at 5:00 pm. Chair: Rep. Jerry Dempsey HF2243 (Samuelson) Speed limit law violator administrative penalties authorized. The House Regulated Industries committee is scheduled to hear HF 2542 (Westrom), which would allow cities more flexibility in granting additional franchises for cable tv service, at the committee meeting at 2:30 p.m., next Tuesday afternoon (March 9) in Room 5 of the State Office Building. The proposal has been brought forward by the Minnesota Telecommunications Alliance (IVITA) and has League support. The legislation was developed over the interim between the 2003-2004 legislative sessions and involved extensive discussions between cable franchise administrators represented by the Minnesota Association of Community Telecommunications Administrators (IVIACTA), the League and MTA representatives. To get the names and phone numbers of members of the House Regulated Industries Committee, call the House Information Office at (651) 281- 2146 or go to www.lxozise.ley;.stat_e.rrz_rr.t1s/. Once at that site, you can click on the link to "committee information" (on the left side of the screen) and scroll down to the Regulated Industries Committee listing. You can then click on that listing and bring up the names of committee members, their offices and email addresses. 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