2004-06-18 Friday NewsThe Friday News
June 18, 2004
TOWN CENTER COMMERCIAL BUILDINGS APPROVED
At the City Council meeting on Tuesday evening, the Council approved the Final Development
Plan for Buildings "D", "E", and "F" for Town Center, or "The Village at Mendota Heights".
The Council also asked Staff to draft the formal Resolution of Approval for formal adoption by
the Council on July 6.
GATEWAY BANK GROUNDBREAKING
Also on Tuesday evening, Town Center developer Ross Fefercorn announced that there will be a
groundbreaking ceremony for the new Gateway Bank at 10:00 am on Wednesday, June 30.
ROGER'S LAKE — DNR FISH SURVEY
Mr. Kullander reports that the Department of Natural Resources conducted a fish survey of
Rogers Lake last July. Results and observations contained in the seventeen -page report have
been condensed and are attached. The lake was first surveyed in 1978 and again in 1999
following reports of large panfish. The DNR. followed up with use of a lake aerator in 1999 and
the additional stocking of fish on several occasions, details of which are contained in the report.
The DNR also surveyed the number and type of watercraft that they observed along the lake
shoreline.
HAVE A NICE WEEKEND!
Respectfully Submitted,
Patrick Hollister
Administrative Assistant
Attachn7ents: Just the Facts, Pipeline, Planning Commission Meeting Agenda, Pre -Application
Meeting Synopsis, "Minnesota DNR Section of Fisheries Lake Survey Report", SouthWest
Review Article "MH wins Pilot Knob lawsuit", TwinCities.Com (Pioneer Press) Article "New
Village plans get Council's OK" and "Golf course home plans draw fire", CDA Memorandum
and Friday Fax.
NEWS
LETTER The Pwipeline
Public Works
Engineering June 18, 2004
Code Enforcement
Public Works
The Parks Crew picked up trash daily from the parks, dragged and chalked fields,
striped foul lines on an as needed basis and cut grass. The second application of
crabgrass preventative and fertilizer was applied to Mendakota, Kensington South,
City Hall, Victoria Highlands, Public Works and the Fire Hall. The ball fields at
Mendakota Park were prepared for the AAU Baseball Tournaments which will take
place this week -end. The men's restroom at Mendakota Park was vandalized and
the door lock had to be repaired. All ped -ways that had sand accumulated
following the recent storms were swept. They also removed sand on the ped -way
in Valley Park between Marie Avenue and Highway 110 that had washed down
from the MnDOT storm sewers on 35-E.
The part-timers attended a mandatory Safety Meeting in Burnsville that was put
on by, our consultants, Safe Assure.
St. Paul Water installed a remote water usage meter at Mendakota Park comfort
station.
The new skate park at Roger's Lake was closed Wednesday and Thursday so that
the concrete footings supporting twelve foot long square steel ground rail could be
installed. Several disappointed skateboarders called inquiring as to why the gates
were locked. The park will re -open Friday now that the concrete footings have
cured!
The Street Crew responded to a call that a tree from a private residence on
Evergreen Knoll near Dodd was down and blocking the street; they removed the
limbs blocking the street. A boulevard tree located at 1958 Knob Road was also
removed. They dropped off street barricades at 996 Caren Court for a block party
at the request of our Police Department. Because of the over hang from the trees
on Marie Avenue across from Valley Park, the street crew removed some trees
limbs that extended over the street area. George assisted the Parks Department
with the installation of the steel ground rail at the skate park using the Bobcat.
The Street Crew did some pothole patching at City Hall parking lot, Crown Pointe
and Delaware from Annapolis Street to Dodd Road on our side.
Rich did sanitary sewer inspections at 1885 and 1893 Victoria Road. He also jetted
the sanitary sewer lines on First, Second, and Third Avenues and also Somerset
Court and Clement Street.
The start up of the refurbished Mendota Heights Road Lift Station is going to occur
Friday morning. The contractor will observe the operation of the pumps and
control panel for four days to insure that everything is operating correctly and
then turn it over to Mendota Heights.
Utility work has begun at the St. Peters Church addition. Staff worked with their
Architect's /Engineers to change the sanitary sewer hook-up to the church
buildings.
Work continues on resurfacing the Wentworth Tennis Court. The same company
will also patch cracks at the other tennis courts and will resurface the basket ball
court in Mendakota Park. All work should be completed next week, subject to
weather.
Issue #26
June 18th, 2004
H014U Nth p,0.2:60, i1q,41�
The
Possession of Marijuana / DAR 06-11-2004 0029 hours
Mendota
While on patrol Officer Tanner Spicer observed a car parked at
Heights
the end of Pilot Knob Road. When he walked up to speak with
Police
the driver he could smell a strong odor of marijuana. In looking
into the car Officer Spicer could see a blunt, large marijuana
Department
cigarette, in the ash tray. The driver told him that she had
smoked that earlier. A baggie of marijuana was located in the
car. The driver had a revoked learner's permit and was not
Support
allowed to drive after being cited.
Staff
Bekky Trost
Theft 06-11-2004 0757 hours
Cathy Ransom
A construction superintendent reported to Sergeant Garlock that
between 1800 hours on the 10th and 0500 hours on the 11th
Police Officers
someone had stolen a power washer and generator. The items
Jerry Murphy
were chained to a skid loader to prevent theft. The chains
Yvette Tillery
Lee Flandrich
appeared to have been cut with a bolt cutter. The superintendent
Scott Patrick
was going to look for model and serial number on the equipment
Bobby Lambert
valued at $1200. Referred to investigation.
Eric Petersen
ToddRosse
Reckless Driving 06-11-2004 1908 hours
Fanner Spicer
Officer Eric Petersen responded to the area of the new Town
Chad Willson
Center as several calls came in about a 4x4 truck monster
Jeff vonFeldt
mudding in the construction zone. When Officer Petersen arrived
Jennifer Hurst
the truck was buried in the mud and water up to the doors. He
was cited and released (he had already called a tow truck.)
Investigations
Matio Reyes
AOA / Felony Stop 06-11-2004 1926 hours
Brian convery
Officer Petersen responded to a call for assistance from the
Bloomington Police. BPD Officers were following a car on 1494
Sergeants
that was reported to have pointed a gun at other motorists. A
Donn Anderson
felony stop where occupants removed, one at a time while the
Neil Garlock
officers cover them with drawn guns, was conducted on the
John Larrive
freeway. Both of the car's occupants were arrested by BPD.
Chief
DUI 06-12-2004 0030 hours
Mike
Officer Spicer clocked a vehicle traveling 76 mph in a 55mph
Aschenbrener
zone on 35E S/B. When he attempted to stop the vehicle it
continued to gain speed, weaving in and out of traffic. The car
finally stopped at Lone Oak Road in Eagan. When Officer Spicer
Issue #26 June 18th, 2004
went to speak with the driver he observed two plastic drink glasses between her feet.
The driver was requested to SFST's which she failed. After placing her under arrest
Officer Spicer located some marijuana in her car. When he brought it back to the
squad she stated "You're not going to worry about my weed are you? It's just a little
dirty weed." After being read the Minnesota Implied Consent Advisory the suspect
finally provided a breath test at 0147 hours which revealed a BAC of .14. She was
released to a sober responsible party at 0230 hours.
Terroristic Threats 06-12-2004 1936 hours
Sergeant John Larrive responded to a residence to take a call about threats being
made. Upon arrival he was informed of the history between the suspect and the
victims. Sergeant Larrive was informed that the suspect had left 5 threats on the
answering machine. After playing the recorded threats to kill the complainant's
family, the suspect was arrested in WSP. The suspect told Sergeant Larrive that he
was not really going to kill anyone.
Turtle Complaint 06-13-2004 0913 hours
Officer Eric Petersen responded to a complaint of a snapping turtle on the steps that
would not leave. (No kidding.) The turtle was sprayed with the hose and it left.
Theft from Vehicle 06-14-1430 hours
Officer Scott Patrick responded to the Big Rivers Trail parking area on a theft from
vehicle. The victims reported that they had locked their purses in the trunk before
rollerblading and returned to find the car broken into and purses missing.
Recovered Stolen Trailer 06-15-20041558 hours
The owner of a business in Mendota called to report a construction trailer left in his
parking lot overnight. Officer Scott Patrick discovered that the trailer was stolen out
of Inver Grove Heights. A quick check did not reveal any evidence. The trailer was
towed to MHPD where it was processed for fingerprints. The trailer was returned to
the owner.
Ice Bombs 06-15-2004 1635 hours
Sergeant John Larrive responded to check a residential area for what was believed
to be two shot gun blasts. Upon arrival he spoke with the caller who thought it may
have been the neighbor lighting M -80's. In speaking with the neighbor Sergeant
Larrive learned that it was actually "ice bombs" that were exploding. The neighbor
agreed not to make any more ice bombs.
Gas Drive Off 06-15-2004 2146 hours
Officer Jennifer Hurst responded to Holiday on a gas drive off (theft) of $7.55. The
employee suspected that a problem was about to occur and confronted the suspect.
The suspect told them they used a card and jumped into the car and drove away.
Officers were not able to locate the vehicle. Officer Hurst spoke with the registered
owner who told the officer that her boyfriend had the car. The R/O immediately went
and paid for the gas.
Personal Safety reminder! Never leave anything in your car that you are not willing
to give away. If a thief is waiting and watching, your trunk is no more secure than the
front seat. Be aware of your environment and plan prevention into your everyday life.
Have a great weekend! 10A (D
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
�*T I kh 16M Eel 0
June 22, 2004- 7:30 P.M.
1. Call to Order
2. Roll Call
3. Approval of May 25, 2004 Planning Commission Minutes.
4. Hearings
a. Case No. 04-18: Priborkin, Eugene, 2361 Apache Court — Front Yard Setback
Variance for the addition of a dormer over the front entry door — Public Hearing
7:45 p.m.
b. Case No. 04-19: Corrigan, Dennis, 1309 Furlong Avenue — Front Yard Setback
Variance for the addition of a front entryway — Public Hearing 8:00 p.m.
C. Case No. 04-20: Postiglione, Antonio, 562 Fremont Avenue — Side Yard Setback
Variance to replace an existing driveway — Public Hearing 8:15 p.m.
d Case No. 04-21: Stute, Tom/Tracy, 2050 Theresa Street — Conditional Use
Permit to construct a 6 -foot fence — Public Hearing 8:30 p.m.
e. Case No. 04-22: Robert McKinney for Mendakota Country Club, 2075
Mendakota Drive — Conditional Use Permit to allow mod ification/renovation of its
18th
hole - Public Hearing 8:45 p.m.
f. Case No. 04-23: Quade, David J., from Le Condon Bleu (Brown College) 1440
Northland Drive — Conditional Use Permit for Restaurant/Liquor License as
Accessory Use to Trade School; Sign Setback Variance — Public Hearing
9:00 P.M.
9. Case No. 04-24: Ostberg Gary W., for Convent of the Visitation School, 2455
Visitation Drive — Wetlands Permit for Construction of Sidewalk — Public Hearing
9:15 P.M.
h. Continued Discussion of Property Maintenance Ordinance
5. Verbal Review
6. Adjourn
Auxiliary aids for persons with disabilities are available upon request at least 120 hours in
advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make
every attempt to provide the aids, however, this may not be possible on short notice. Please
contact City Administration at 452-1850 with requests.
CITY OF MENDOTA HEIGHTS
MEMO
June 18, 2004
TO: City Council, Commission Members, and City Administrator
FROM: Patrick C. Hollister, Administrative Assistant
SUBJECT: Pre -Application Meeting Synopsis
Staff met with seven potential applicants on Monday, June 14, 2004.
Steve Grittrnan, Sue McDermott, and Patrick Hollister were present.
Julie Toth, 79.5 Hokah Avenue
Ms. Toth met with Staff to ask about the possibility of installing a seven -foot high fence
along her common property line with SignArt. Ms. Toth said that although SignArt has
been a very good neighbor, oar lights from their parking lot often shine into her windows.
Ms. Toth feels that with a seven -foot high fence she could block out all or most of the
light. Ms. Toth said that in all other respects, such as the 30% openness requirement, the
fence would coliform to the Zoning Ordinance. Staff told Ms. Toth that to our
knowledge, a variance had never been granted for a seven -foot high fence, and that we
felt that she might have difficulty getting such a variance approved. Nevertheless, Staff
provided Ms. Toth with the appropriate materials for a variance application and advised
her that in the event she did decide to apply, she should make the best case she can for a
hardship, perhaps with the argument that the light shining from the neighboring
commercial property interfered with "reasonable use" of her property.
Joe Bonfe, Wagon Wheel Trail and 35E
Mr. Bonfe met with Staff to discuss the property at the southwest corner of Wagon Wheel
Trail and 35E. The property is zoned R-1 and guided LR in the Comprehensive Plan.
Mr. Bonfe asked if it would be possible to get the property rezoned for multi -family.
Staff told Mr. Bonfe that Council discussions of this property within the last few years
gave Staff the strong impression that the Council was not interested in increasing the
potential housing density of this parcel. Mr. Bonfe said that based on Staff s comments
he would not pursue a rezoning.
Robert Alvarez and Paul McGinley, 1167 Dodd Road
Mr. Alvarez appeared before the May 25 Planning Commission meeting to discuss his
application for a subdivision and variances. The Planning Commission recommended
denial of the application. Mr. Alvarez has now retained Mr. McGinley of Loucks-
McClagan to assist him with his application. Mr. Alvarez requested to be placed on the
July 20 Council agenda rather than the June 1 Council agenda in order to give Mr.
McGinley and himself time to do further research and meet with the neighboring
townhome association. Staff agreed to place this item on the July 20 Council agenda.
Paul Haggerty, 645 Sibley Memorial Highway
Last year the Council denied an application for a Critical Area Permit for Mr. Haggerty
for a deck in part because Mr. Haggerty failed to provided a sufficient landscape plan to
restore vegetation on the bluff. Mr. Haggerty told Staff that he has now retained Loucks-
McClagan to assist him with re -applying. Mr. Haggerty said that sometime within the
next few mouths lie intends to re -apply for a Critical Area Permit, re -submit his plans for
the deck, and submit a new landscape plan. Staff told Mr. Haggerty that we could not
guarantee that this second application would be approved. Mr. Haggerty said that he
would contact Staff again when he was ready to apply.
Charlie Skemp, 1060 View Lane
Mr. Skemp has a storage shed that is in bad condition. Mr. Skemp asked about replacing
the storage shed or removing the shed and adding the equivalent space onto his existing
detached garage. Staff examined the situation and advised Mr. Skemp to apply for a
Conditional Use Permit to expand his detached garage. Staff determined that even after
the space is added, the detached garage would still be less than the maximum size
allowed. Staff provided Mr. Skemp with the appropriate materials for a Conditional Use
Permit application. Mr. Skemp intends to apply in time for the July 2004 Planning
Commission meeting.
Troy Randolph, 2122 Theresa Street
Mr. Randolph is a contractor working for the homeowner at 2122 Theresa Street. The
house is on a corner lot and the property has a swimming pool. Mr. Randolph met with
Staff to discuss his client's plans to replace their fence with a new fence encompassing a
larger area. Pools are required to be surrounded by a fence at least five feet high. Staff
determined that in this case the new fence would require a Conditional Use Permit
because of its encroacli hent within the front yard setback. Staff provided Mr. Randolph
with the necessary application materials. Mr. Randolph said that he would convey this
information to his client.
Sarah and Aaron Macke, 221.6 Swan Court
The Mackes met with Staff to discuss their plans for a screened porch and entryway.
Staff examined their plans and determined that they would not need any variances. Staff
therefore advised the Mackes to contact the Code Enforcement Officer for a building
permit.
03/04/2004
Minnesota Department of Natural Resources
Section of Fisheries
Lake Survey Report
Division of Waters inventory number: 19-0080-00 Starting date of survey: 07/14/2003
Lake name: ROGERS Alternate name: N/A
Lake class: 42 Alternate classes: N/A
Area code: 610 Map ID: C1791
Survey type: Population assessment
Note: 9 trapnets and 1 gillnet
Lake Location Information
Counties. Dakota Nearest town: MENDOTA HEIGHTS
Legal description: Township - 28N; Range - 23W; Sections - 26, 35
Public Access
ID #: Ownership: Type: Location Description and Comments:
AC- 1 City Other City park located on north shore of south basin
Previous Surveys and Investigations
Initial Survey:
Resurveys:
Population assessments: 1978;
Special assessments: 1999;
Creel surveys:
Other kinds of survey:
Lake and Watershed Characteristics
Lake area (acres): 99.1
Area in,MN (acres): 99.1
DOW area (acres): 116
Littoral acres: 99.1
Maximum depth (feet): 8
Mean depth (feet): N/A
Primary USGS Quad map code: S17c
Shoreline length (mi): 3.0
Maximum fetch (mi): N/A
Fetch orientation: E
Watershed size (acres): N/A
Major watershed number: 33
Minor watershed number: 88
Survey Completed on 7/14/2003 for DOW # 19-0080-00 03/04/2004
Discussion
Rogers Lake (99 acres) is take located in Mendota Heights, Dakota County. It is divided in to a larger south basin
(approx. 75 acres) and a smaller north basin (approx. 25 acres). The two basins are connected by culvert under a county
road. This connection was enlarged and deepened in the fall of 2003 to faciliate fish movement between the basins. The
south basin has had winter aeration capability since 1999/2000. The north basin is not aerated. Maximum depth of the
south basin is 8 feet.
A city park on the south basin has a fishing pier. Carry -in access is possible here. Motorboats are prohibited.
Previous management up to 1999 had been limited to a 1978 population assessment, panfish stocking in 1958, and
panfish/walleye/nprthern pike stocking in 1953. A special assessment was conducted in 1999 in response to reports of
Large panfish. Recent fish stocking began in 2000 with 100,000 walleye fry and 34 northern pike adults. In 2001 and
2003, surplus channel catfish yearlings were stocked (4,704 in 2001 and 3,014 in 2003). Winter rescue northern pike were
also stocked in 2002 (768 fish) and 2003 (257 fish).
Bluegill were the most abundant species sampled. The catch rate of 50.4/set is in the 4th quartile for Lake Class 42.
Catch rate was down from 1999 when it was 112.0/set. Lengths ranged from 3.0 to 8.1 inches, with an average of 6.0
inches, a PSD of 47.5, and an RSD -7 of 19.2. Size structure has increased since 1999 when PSD was 40.3 and RSD -7 was
only 2.0. Ages I through VI were sampled, with age II dominant. Growth rate was near or above average in years 1, 2,
and 5 when compared to other Class 42 takes, but below average in years 3 and 4. This same growth rate pattern was
observed in 1999.
Black bullhead abundance was in the third quartile at 28.4/set. This is down from 1560.8/set in 1999 and similar to the
1978 catch rate of 28.8/set. Lenghts ranged from 5.5 to 8.5 inches with a 6.7 inch average.
Northern pike is a primary management species for Rogers Lake. Adult, winter rescue northern pike were stocked in 2000,
2002, and 2003. GiLtnet catch rate was 4.0/set, which is at the top of the second quartile. Four northern pike were
also sampled from eight trapnets sets. Lengths ranged from 14.1 inches to 27:1 inches. Average length was 22.7 inhes.
Ages II through V were sample and equally represented. Growth rate was above the statewide average through year 4.
Black crappie is the other primary management species. Trapnet catch rate (11.3/set) was in the third quartile. Like
bluegiLL, this was down from 1999. Lenghts ranged from 5.2 to 7.3 inches with a 6.2 inch average and a PSD of 0. Size
structure has declined sharply from 1999 when PSD was 94.9 and RSD -10 was 21.1. The boom of large crappies in the late
1990s is what prompted interest in this lake. Ages II, III, and IV were sampled, with II being dominant. Growth rate
was above average for the first year, but below average after that.
Largemouth bass abundance (0.9/trapnet set) was in the third quartile and has remained near the 1999 level of 0.5/set.
Lengths ranged from 4.4 to 15.0 inches. Seven fish of ages I, II, and V were sampled. Growth rate was below average
except for year 3. ELectrofishing was not conducted.
Pumpkinseed (6.3/set) and hybrid sunfish (1.6/set) were also sampled. Lengths for both ranged from about 4 to 7 inches.
Yellow perch abundance (0.4/trapnet set) dropped significantly from 1999 (27.5/set). Lengths of the three fish ranged
from 6.3 to 8.4 inches. Yellow perch were not sampled in 1978.
Three channel catfish were sampled in the gillnet for a catch rate of 3.0/set. Lengths ranged from 11.7 to 13.5 inches.
These fish were at[ from the 2001 yearling stocking of 4704 fish is 24/lb. The catch rate of 3/set is in upper end of
the range of catch rates from East Metro catfish Lakes (0 to 5.0/set). Rogers Lake departs from the pattern observed at
most other East Metro catfish lakes in that relatively small yearlings seem to have produced a moderate population. The
norm is that takes which have received catfish smaller than 10/lb have not seen return to gillnets. Six of eight lakes
receiving fish larger than 10/lb did have return, whereas only one of six Lakes receiving fish smaller than 10/Lb had
return. Yearlings were also stocked in 2003, but only two weeks prior to this netting and the fish were too small
(9.7/lb.) to be sampled.
Survey Completed on 7/14/2003 for DOW # 19-0080-00 03/04/2004
Field Notes
Dense mats of elodea covered about 25% of lake surface. GN1 was relocated due to elodea. Overnight the wind blew the
elodea into GN1 entangling it, dragging it out of position and submerging the floats. The catch from GN1 was thrown out
excpet for NOP and CCF. NOP and CCF catch rates were recorded and their catch rates are reported here, but this number
is probably conservative.
Dense vegetation may have resulted in the relatively low surface dissolved oxygen (5.3 ppm) on 7/16/03 at 1030 hours.
TN9 was not set due to the rapid dropoff at this site which would have resulted in a frame depth of approximately 7.0
feet.
Physical and Chemical
Characteristics
of Lake Water
Bottom
Water
Dissolved
Station Sampling
Depth
Depth
Temperature
Oxygen
ID Date
(ft)
(ft)
(F)
(ppm)
WO -1 7/16/2003
8.0
0.0
74.3
5.3
1.0
74.3
5.2
2.0
74.3
5.2
3.0
74.3
5.2
4.0
74.3
5.0
5.0
74.3
4.6
6.0
74.3
3.8
7.0
73.2
0.3
Water Quality
Station Sample Sample Secchi Water Color
ID Date Depth (ft) pH Alkalinity Color Cause
WO -1 7/16/2003 N/A 6.0 N/A 95 Clear Unknown
Status of !he Fishery
Rogers Lake is located in Mendota Heights. It has a lrger south basin and a smaller north basin. A city park on the
norths side of the large basin has a fishing pier. Motorboats are not allowed, but carry -in boats and canoes can be
launced from the park. The south basin is aerated in the winter to prevent fishkill.
This survey found abundant bluegills with an average lenght of 6 inches, and 20% over 7 inches. Black crappie are
moderately abundan, but small with and average Length of 6 inches and very few over 7 inches. Northern pike aubundance
was moderate to Low with lengths from 14 to 27 inches and a 22 inch average. Channel catfish from a 2001 stocking are
moderately abundant and are 12 to 13 inches. Largemouth bass are fairly abundant and were sampled up to 15 inches.
Yellow perch Were sampled in low numbers. Black bullheads, pumpkinseeds, and hybrid sunfish are all moderately
abundant.
Age Class Frequency Distribution
Age Class Frequency Distribution for Survey Dated 7/14/2003
Species Number of Fish in Year Class and Age Group
and Number of Fish 03 02 01 00 99 98 97 96 95 94 93 92 91 90 89 <89
Gear Aged* Keyed* Unaged* 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 >14
Black Crappie
8
Yellow Perch
3
0.38
0.06
0.16
8
Pumpkinseed Sunfish
50
6.25
TN 26 62 2 0 0 63
23 2
0 0
0
0
0
0
0
0
0
0
0
Bluegill
0.88
0.51
0.58
8
Hybrid Sunfish
13
1.63
0.38
0.24
TN 34 366 3 0 9 286
10 30
61 5
0
0
0
0
0
0
0
0
0
Largemouth Bass
8
Black Bullhead
227
28.38
3.99
0.14
4/27/1999
4
Yellow Perch
110
TN 4 3 0 0 1 4
0 0
2 0
0
0
0
0
0
0
0
0
0
Northern Pike
2
0.50
0.15
0.30
4
Bluegill
448
112.00
14.88
0.13
TN 3 1 0 0 0 2
0 1
1 0
0
0
0
0
0
0
0
0
0
Number of Fish Aged = fish that were aged from bony
parts
7/25/1978
4
White Sucker
1
0.25
0.13
0.50
4
Snapping Turtle
Number of Fish Keyed = fish assigned an age with an
age -length
key or by
expansion
of
mesh
or station
age
distributions.
Number of Fish Unaged = fish that were not aged and
were not assigned an
age.
Black Bullhead
115
28.75
3.53
0.12
Key to sampling gears included in this report:
Gear Description
TN Standard 3/4 -in mesh, double frame trap net sets.
Historic Catch Summary for TN
Standard 3/4 -in mesh, double frame trap net sets.
Number Number Lbs. Mean
Survey of Fish per per Weight
Date Nets Species Caught Set Set (lbs)
7/14/2003
8
Yellow Perch
3
0.38
0.06
0.16
8
Pumpkinseed Sunfish
50
6.25
0.92
0.15
8
Northern Pike
4
0.50
0.90
1.81
8
Largemouth Bass
7
0.88
0.51
0.58
8
Hybrid Sunfish
13
1.63
0.38
0.24
8
Bluegill
403
50.38
8.95
0.18
8
Black Crappie
90
11.25
1.26
0.11
8
Black Bullhead
227
28.38
3.99
0.14
4/27/1999
4
Yellow Perch
110
27.50
6.47
0.24
4
Pumpkinseed Sunfish
7
1.75
0.24
0.14
4
largemouth Bass
2
0.50
0.15
0.30
4
Bluegill
448
112.00
14.88
0.13
4
Black Crappie
228
57.00
17.95
0.31
4
Black Bullhead
6243
1560175
125.21
0.08
7/25/1978
4
White Sucker
1
0.25
0.13
0.50
4
Snapping Turtle
4
1.00
N/A
N/A
4
Bluegill
1
0.25
0.03
0.10
4
Black Bullhead
115
28.75
3.53
0.12
Net Catch Summary for TN
Standard 3/4 -in mesh, double frame trap net sets.
Number of sets:
First net set on:
Last net lifted on:
Sampling method:
Target species:
8
07/14/2003
07/16/2003
Standard sampling
None
Summary by Numbers
Total Number Quartiles for Lake Class
Species Fish per Set 25% 50% 75%
Black Bullhead
227
28.38
2.20
17.30
60.46
Black Crappie
90
11.25
2.36
5.60
15.10
BluegiLL
403
50.38
1.88
10.80
29.50
Hybrid Sunfish
13
1.63
N/A
N/A
N/A
Largemouth Bass
7
0.88
0.25
0.60
1.20
Northern Pike
4
0.50
N/A
N/A
N/A
Pumpkinseed Sunfish
50
6.25
0.80
2.74
8.38
Yellow Perch
3
0.38
0.48
1.29
3.45
Total fish/set: 99.63
Summary by Weight (lbs)
Species
Total.
Weight
Lbs
per Set
Mean
Weight
Quartiles* for Lake
25% 50%
Class
75%
Black Bullhead
31.96
3.99
0.14
0.19
0.30
0.50
Black Crappie
10.04
1.26
0.11
0.17
0.25
0.36
BLuegiLL
71.57
8.95
0.18
0.15
0.20
0.30
Hybrid Sunfish
3.08
0.38
0.24
N/A
N/A
N/A
Largemouth Bass
4.07
0.51
0.58
0.37
0.61
1.20
Northern Pike
7.22
0.90
1.81
N/A
N/A
N/A
Pumpkinseed Sunfish
7.36
0.92
0.15
0.09
0.14
0.20
Yellow Perch
0.48
0.06
0.16
0.10
0.17
0.27
Total Lbs fish/set: 16.97 * Quartiles for mean weight
Age Groups
(Sample size)
Species*I
II
III
IV
V
VI VII VIII
(N)
8.6
(N)
14.7
(N)
19.6
(N)
22.4
(N)
25.3
(N) (N) (N)
northern pike
(7)
(7)
(5)
(3)
(1)
2.2
4.5
5.4
6.2
6.9
7,6
bluegill
(35)
(28)
(9)
(8)
(5)
(1)
3,1.
5.0
5.9
6.3
black crappie
(26)
(26)
(9)
(1)
3.2
5.7
8.2
10.4
12.6
largemouth bass(5)
(4)
(2)
(2)
(2)
Stocking History by Year Class, 1989 - 2003
Species and Number of Fish Stocked, by Year Class*
Size Stocked 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989
Walleye
Fry (thousands) - - - 100.0 - - - - - - - - - -
Northern Pike
Adults - 768 - 34 - - - - - -
Channel Catfish
Yearlings N/A - 4704
* for adults and unknown sizes, stocking reported under year stocked, not by year class
C 5.50 - 5.99) 10 13 148 1 1 25 -
C 6.00 - 6.49) 73 37 87 6 - - 4 1
C 6.50 - 6.99) 77 26 27 5 - - 2 1
C 7.00 7.49) 57 3 58 - - 1
C 7.50 7.99) 6 - 18
[ 8.00 _ 8.49) -
C 8.50 8.99) 1 - -
[ 9.00 - 9.49) - - 1 -
C 9.50 - 9.99) 1 -
[10.00 - 10..49) - - 1 -
Total by station 226 90 403 13 7 4 50 3
Min. Length (inch) 5.47 5.24 2.95 3.78 4.41 14.06 3.58 6.30
Max. Length (inch) 8.54 7.28 8.11 6.77 15.00 27.09 7.13 8.43
Mean Length (inch) 6.71 6.22 6.03 6.24 9.54 19.68 5.46 7.11
Number Measured 156 90 150 13 7 4 50 3
No Lengths For 1 0 0 0 0 0 0 0
RESIDENT/MOORED WATERCRAFT
(2003)
F- TYPE �
NUMBER
Length Frequency Distribution for TN
1
Fishing/Utility Boat
Standard 314 -in mesh, double frame trap net sets.
Runabout
House/Pontoon Boat or
Cruiser
for Field Work between 7/14/2003 and 7/16/2003
Length Category
BLB BLC BLG
HSF LMB NOP PMK YEP
< 3.00
1
-
[ 3.00
3.49)
- 3
-
C 3.50
3.99)
4
1 - - 3
C 4.00
4.49)
- 1
1 - 4
C 4.50
4.99)
- - 4
-
C 5.00
5.49)
2 11 51
11
C 5.50 - 5.99) 10 13 148 1 1 25 -
C 6.00 - 6.49) 73 37 87 6 - - 4 1
C 6.50 - 6.99) 77 26 27 5 - - 2 1
C 7.00 7.49) 57 3 58 - - 1
C 7.50 7.99) 6 - 18
[ 8.00 _ 8.49) -
C 8.50 8.99) 1 - -
[ 9.00 - 9.49) - - 1 -
C 9.50 - 9.99) 1 -
[10.00 - 10..49) - - 1 -
Total by station 226 90 403 13 7 4 50 3
Min. Length (inch) 5.47 5.24 2.95 3.78 4.41 14.06 3.58 6.30
Max. Length (inch) 8.54 7.28 8.11 6.77 15.00 27.09 7.13 8.43
Mean Length (inch) 6.71 6.22 6.03 6.24 9.54 19.68 5.46 7.11
Number Measured 156 90 150 13 7 4 50 3
No Lengths For 1 0 0 0 0 0 0 0
RESIDENT/MOORED WATERCRAFT
(2003)
F- TYPE �
NUMBER
Canoe
1
Fishing/Utility Boat
1
Runabout
House/Pontoon Boat or
Cruiser
Sailboat
1
Jetski/Wetbike
Paddleboat
4
Inflatable Raft
Wind Surfboard
Other: Kayak
2
TOTAL
9
CD
bip
r=.
cz
In ANN M
WE
nnrl wins Pilot Knob lawsuit
Developer and
landowners may
appeal ruling
Seth Loy
news editor
A judge has ruled that the city of
Mendota Heights acted properly in
delaying a decision on a townhome
proposal for the Pilot Knob site,
pending an environmental study.
Two Mendota Heights landowners
and Minnstar Builders, the devel-
oper, had. sued the city earlier this
year, saying officials had violated the
so-called "60 -day rule" by delaying a
decision on the proposal to build 157
upscale townhomes on the site.
The lawsuit came after the City
Council voted late last year to
require an Environmental Impact
Statement for the project, following
a preliminary study and input from
citizens and historical preservation
experts.
Pilot Knob, which overlooks the
confluence of the Minnesota and
Mississippi rivers, is a Native Ameri-
can burial site off Highway 13. The
1851 Treaty of Mendota was signed
nearby -- a document that ceded
Indian land to the U.S. government
and allowed for non -natives to settle
west of the Mississippi River.
Mendota Heights City Administra-
tor ,Jim Danielson wouldn't com-
ment on the case, saying that the
decision may be appealed by the
landowners. But he did say that he
hasn't heard much from residents on
the Pilot Knob issue in general.
"I haven't gotten any input from
residents," Danielson said.
Neal Blanchett, the attorney repre-
senting Minnstar Builders and the
two landowners in the case, said that
his clients have not decided yet
whether they will appeal the ruling,
despite earlier newspaper reports to
the contrary.
"Obviously, we don't agree with
it," Blanchett said of the judge's rul-
ing. "You always realize that a judge
Lcawsulit...
continued from Page 1
Baker said that the whole
purpose of an environmental
review is "to better inform
the permitting process." He
didn't buy Blanchett's argu-
ment that the city could have
made a decision prior to the
environmental study.
"Well, I don't think much
of their arguments. I think
this is an issue where all the
courts have ruled and are cor-
rect, that it really would gut
the environmental review
statute for them to adopt the
property."
A study prepared by Barr
Engineering, a firm hired by
the city, recommended that
an EIS be conducted and
address several issues: the his-
toric and cultural impacts of
the proposed development;
alternative development pro -
can go way or another, and judges
are not always right.,,
Blanchett said that the city has not
made an effort to work with the
developer or the landowners in the
case. He said that officials were try-
ing to "postpone indefinitely" a deci-
sion on the townhome proposal.
"We thought we were right and we
continue to think we are right,
because cities can do [Environmen-
tal Assessment Worksheets] anytime
they want. So it gives them an auto-
matic out. The city's reasoning is not
correct, [as] they can always negoti-
ate.
Attorney John Baker, who repre-
sents the city, said that he wasn't
surprised by the judge's ruling.
"We really weren't," Baker said.
"This particular issue of whether or
not the automatic approval statute
applies when environmental review
is [pending] is one that cities have
prevailed on against developers on a
number of occasions."
see Lawsuit on Page 5
posals; noise and land use
issues; the potential impact
on wildlife; and storm water
runoff and management.
An EIS would take nine to
1.0 months to complete and
could cost $100,000 or more
— to be paid for by the devel-
oper.
The developer and the
landowners have 60 days
after the entry of judgment in
the case to decide'whether or
not to appeal.
New Village plans get Council's OK
TwinCitiesacam
Posted on Thu, Jun, 17, 2004
New Village plans get Council's OK
After first rooflin .s fall flat, developer's redesign with traditional, angled peaks 9 --it's rave revielms:
BY BRIAN BONNER
Pioneer Press
Everything is fine in the village again.
Page 1 of 2
Only two weeks after the Mendota Heights City Council raised the roof over a developer's designs on three commercial buildings, the
controversy quickly evaporated after modified plans were unveiled.
The council voted 4-0 on Tuesday night to support the new design after developer Ross Fefercorn's decision to restore angled rooflines —
as opposed to boxy flat roofs. The three buildings are key parts of a $60 million retail -housing -office project known as The Village at
Mendota Heights.
"He redid the plan to our satisfaction and the design of his roofline was approved unanimously," City Council member Jack Vitelli said
Wednesday. "To his credit, he turned this around within days. He personally reviewed it with each council member and the mayor, and got
all their input. There was very minimal discussion."
Vitelli and others on the council had derided Fefercorn's now -discarded, flat -roof designs, which some thought gave the buildings an
unappealing strip mall look.
The City Council could still find itself at odds with the developer over other parts of the project, such as signage, lighting and landscaping.
But Vitelli said he would be surprised if Fefercorn didn't meet the concerns of city leaders. "This is a well-managed project by a very
capable developer," Vitelli said. "It's well-managed financially and schedule -wise."
Several criticisms of the project have surfaced, however.
Some say the project should have been done this year, not in 2006, as currently envisioned. But Vitelli said that the 2004 date surfaced
only in the project's conceptual stages. After the plans became final, he said, late 2005 became the expected completion date.
Others have raised questions about $7.5 million in public subsidies, mainly tax -increment financing, although city officials have defended
the money spent as essential to redeveloping the site.
Even with the now -resolved design problems, some have suggested the city should find a new developer.
But Vitelli thinks criticism of The Village at Mendota Heights has more to do with local politics than any shortcomings of the project, city
officials or the developer.
Mayor John Huber and two City Council members, including Vitelli, are up for election this fall.
One of the most vocal critics of the project has been Charles Mertensotto, the former mayor defeated by Huber in the 2002 election.
"I think Mertensotto is going to run for mayor," Vitelli said. "Every chance he gets, which isn't too many, he tries to make the council look
bad and the mayor. People who want to take shots at the financial plan or schedule are looking for reasons to make the council look bad,
to make the project look negative."
Neither Mertensotto nor Huber could be reached Wednesday. But, in a recent interview, Mertensotto said he's not interested in a rematch
for the post he held for 16 years.
Fefercorn said Wednesday that the City Council's objections improved the project by forcing him to come up with more visually appealing
buildings.
He said criticisms of the design "seemed harsh initially" but were actually reasonable. The roof angles are important visually in "how the
building attaches itself to the sky," Fefercorn said. "The building needed more height to be successful in that setting."
http://www.twincities.coin/nlld/twincities/liews/local/8941720.litm?template=coritentModules/priiitstory.jsp 6/18/2004
New Village plans get Council's OK Page 2of2
Rather than building an additional story' Fe[ uorn said, the approved refinements accomplish the look the City Council is seeking.
Fefercomsaid he's trying tostay out oflocal politics. But the developer expressed surprise that M the ex-mayor,"no longer
supported the project. I think we're on track with what we're supposed to be doing, and he was a party to that."
The project is under construction on a 23 -acre site on the northeast corner of Minnesota 110 and Dodd Road.
-
Brian Bonner can bereached at bbonn mmor651-228-2173.
� �wI Simmeo=urnss,*m*/m$ 11vice smmc S^nmxu'u:�klvx
littp://www.twincities.com/mld/twincities/�iews/locaI/8941720.litm?template=contentModules/printstoryjsp 6/18/2004
Golf course home plan draws fire
Tw ncifiesocam
Posted on Tue, Jun. 1.5, 2004
Golf course home plan draws fire
Residents asir cit, to stick to guides for public space
BY LAURA i'€ EN
Pioneer Press
Dan Bailey admits that the latest pitch to put houses on the Carriage Hills Golf Course in Eagan could be worse.
Page 1 of 2
About 40 of the 120 acres would remain open space, including wetlands, a neighborhood park and two miles of walking trails. The
developer also decided to cut the initially proposed housing density by a third.
There's still one major hitch for neighbors like Bailey, though: It's not a golf course.
"The population does not want that property developed, period," he said.
Eagan builder Wensmann Homes Inc. has asked the city to change the comprehensive guide plan, which designates the verdant slopes
south of Yankee Doodle Road for public use. The request goes before the planning commission June 22, and the City Council is expected to
make a final decision next month.
Residents caution against tinkering with the guide plan, which Bailey compares to a "constitution" intended to steer the city through
development -making decisions for generations to come.
But Ray Rahn, whose family -run company owns the golf course, says it's not fair to keep him tied to a sinking ship. He has entered a
purchase agreement with Wensmann Homes pending approval of the development, which would also require a zoning change.
He points out that his snack shop, which serves hotdogs and cellophane -wrapped sandwiches, can't compete with upscale clubhouses on
more challenging courses. And he can't afford a $4 million upgrade that would put his course on par with others.
All across the suburbs, older golf courses are getting sidelined by bigger, classier ones in outlying areas.
Rahn, who also owns the Rich Valley course in Rosemount, said he has lost several hundred thousand dollars operating Carriage Hills. He
bought the course in 1996, just weeks after neighbors successfully fought a request from another residential developer to amend the
comprehensive plan.
Even if this proposal to develop the golf course is rejected, another will come, said city planner Mike Ridley. "This isn't going to go away, I
guarantee it," he said.
Large, undeveloped chunks of land have vanished throughout Eagan. The ones that remain tend to be targeted for commercial
development or are "developmentally challenged" by severe topography or wetlands.
That's why Carriage Hills, groomed over the years, "is kind of a gem from a developer's point of view: 'Holy cow, all these acres and not all
of the challenges that come with a lot of infill developments,' " Ridley said.
At a community meeting last week, Wensmann Homes shared with neighbors a rough plan to build about 480 units, including single-family
homes, town homes and senior condominiums. Terry Wensmann said he's proposing to dedicate part of the open space as a city park.
Condo prices would start around the mid -$100,000s, and the single-family homes could sell for up to $1 million. Wensmann figures the
development would net about $1.2 million in annual property tax revenue.
"I'm sure he would build a beautiful product," said resident Claudia Battaino, a member of the anti -development Carriage Hills Coalition.
But "quite truthfully, I don't want to have to look out at town homes," she said.
Bailey said he fears the proposed development would congest streets and shrink the property values of his home. He said it could also
cause storm water to spill out into surrounding yards; Wensmann said he would pay for the necessary infrastructure changes and could
"even make it better" for the neighbors.
http://www.twincities.coln/mld/twincities/news/local/8923224.litm?template=coritefitModi.iles/printstory.jsp 6/18/2004
Golf course home plan draws fire
Page 2 of 2
Coalition members are thinking of alternative uses for the site, such as a golf -instruction facility. Under the current land designation, the
property could house a school, museum, hospital, cemetery or other places used by the community.
In the meantime, they also want Rahn to promote and invest in his business. Over the past year, he has quit advertising the course and
closed the driving range.
"I've seen a lot of courses that are more cared for," said Carriage Hills golfer Sean Sandquist of Little Canada, who regularly tees off there
with co-workers. "I don't see them putting a lot of money into here, and in general that doesn't generate more money."
Rahn said his business soured in the last four or five years, and he was forced to close the driving range in part because too many people
were stealing his golf balls.
"I told the city right off when I bought it, 'I'm going to give it five years. If I can't turn a profit, you're going to be seeing me again,' " he
said. "The time has come."
Laura Yuen covers Apple Valley and Eagan. She can be reached at lyuen@pioneerpress.com or 651-228-5498.
b 200 St i'auI Pinna I PICssandsct,icesowces ",II Ri„hIsRcsor�,ed
Imp
http://www.twincities.com/mld/twincities/news/local/8923224.htm?template=contetitModules/printstory..jsp 6/18/2004
Dakota County
Community Development Agency
D A 8880088800089000000000
MEMORANDUM
TO: Dakota County CDBG Subrecipients
FROM: Dan Rogness, Director j.
Department of Community Revitalization
DATE: June 14, 2004
RE: Home Improvement Loan Program
Program Changes and General Information
On June 8, the CDA Board approved amendments to the Home Improvement
Loan Program. Highlights of these amendments are enclosed for your review,
but please note that the maximum loan amount increased from $20,000 to
$25,000. However, the maximum amount for manufactured homes remained at
$5,000 (MHFA allows up to $15,000).
I'm also providing you some additional summary information on the county's
successful rehab loan program. You will see data ranging from the number of
projects completed this year to the total number of outstanding loans.
The following additional CDBG funds will be available after the start of the
upcoming 2004 Program Year, beginning July 1st:
• Burnsville =
$
76,500 (includes $23,000 for remodel grants)
• Farmington =
$
40,000
• Mendota H. =
$
39,785
• W. St. Paul =
$
80,485
• Countywide =
$175,860
* Total = $412,630
As you know, program income provides at least one-half of the county's funding
source each year for this activity. Program income includes approximately
$120,000 annually from installment loan payments plus variable amounts
annually from loan payoffs.
Please don't hesitate to call me at 651-675-4464 if you have further questions.
cc: Mark Ulfers, Executive Director
1228 Town Centre Drive -D Eagan, MN 55123-1066
tel 651-675-4400 ® fax 651-675-4444
SUMMARY
HOUSING REHAB POLICY AMENDMENTS
(Approved June 8, 2004)
Dakota County CDA
The "Policy and Procedures Handbook for the Housing Rehabilitation Loan Program" is being
amended for Dakota County. Currently, CDBG/HOME-funded loans include: (1) installment
and deferred loans up to $20,000 for single family homes and $5,000 for manufactured homes,
(2) accessibility loans up to $10,000 for single family homes and $3,000 for manufactured homes,
and (3) LBP loans up to $5,000.
• Loan limits will increase from $20,000 to $25,000 for single family deferred and
installment loans (due to increasing labor/material costs).
• Loan limits will increase from $3,000 to $5,000 for manufactured home accessibility
loans.
• A loan file will be terminated if the loan is not closed within 150 days of issuing the
Applicant's file.
• Loan fiends will be reserved at the time of closing for a maximum of 300 days, after
which time the loan amount will be reduced or canceled.
• Self-help work must begin no later than 60 days after loan closing.
• Carpet, siding and air conditioning will be eliminated as low priority items and
considered with other items as medium priority.
• Additional items now allowed to be financed under this program include: (1) permanent
over -the -range microwave ovens, (2) tree trimming and/or removal when trees affect a
building's exterior or structural condition, (3) new construction of garages ... as a low
priority, (4) new decks, security systems and air filtration/exchange equipment ... as
medium priorities.
• Various items were clarified as being ineligible, such as intercom/vacuum systems,
greenhouses, kennels, spas, outdoor fireplaces, furnishings, and the replacement of
new/like-new items.
• Controls to eliminate or reduce significant mold problems have been added as a high
priority item.
• Credit evaluation for deferred loans will be done in order to determine the applicant's
potential for bankruptcy or foreclosure rather than to assure repayment ability (due to
deferment status).
Loan Options (1, 2 or 3 -unit structures as homestead):
* CDA Deferred
(0%.00term, repaid iOfull, $25'000maximum)
* CDA Installment
(3% w/ term, repaid iVfull, $25'00maximum)
w CDA Accessibility
(0%'forgiven iD1Oyrs,$1O.N0maximum)
n Lead-based Paint
(0%.forgiven in5yrs,$5'00maximum)
* MHFAReh8b
(U%. 30 -yr term, repaid in full, $15,000 maximum)
• MHFA Fix -up
(5.25% w/ term, repaid in full, $25,000 maximum)
Loan Options (manufactured homes):
• CDA Deferred
= CDA Installment
w CDA Accessibility
w K8HFAR8h@b
• W1HFA HX -Up
($5,000 max.)
($5,000 max.)
($5,000 max.)
($15,000 max.)
/N/Afor rn8OU[homes)
CDA Loan Activity — FY03 (11 months beginning 7/01/03):
• Total loans issued = 105 (including MHFAReh8b\ ... Avo.N[ =S5
• Total loans issued =72%8Sdeferred &2O%GSinstallment
* Loan expenditures =$1,115'40O(8vg.per month =$1U1,4OO)
• Loan expenditures =77%revolving &23%entitlement accounts
• Loans closed =O9
• Loans closed =$1O'33Oper loan avg. (not including nnanU[homes)
• Rehab projects CO[np|8kad = 54 (FY03)
• Rehab projects oO[Dp|eted=O71 (1994-CU[[enU
Rehab Account Balances:
* C-VVRevolving =
$350.1000D12/31/02-Vs.-$97,550on5/50/04
° City Revolving
$381'500OD12/31/02'vS.-$130'450oO5/30/04
• C -VV Entitlement
$714.450 OO 12/31/02-vs.-$515'450nD 5/30/04
* City Entitlement
$585.700OO12/31/02-VS.-$205'200OO5/30/04
* FYO4Entitlement Allocation
= $175.860/C-VV\+$236'770(Cities)
Loan Portfolio (as of 5/31/04):
• Installment Loans =S2
w Installment Loans Principal Balance = $941.575
* Installment Loans Monthly Payments =$10'O0Oavg.
�
Deferred Loans =49S (3are HOME loans)
�
Deferred Loans Principal Balance =$5.172'5OO
Apple Valley
Burnsville
Eagan
Farmington
Hastings
Inver Grove Heights
Lakeville
Mendota Heights
Rosemount
South St. Paul
West St. Paul
Small Cities & Turps
NOTE: South St. Paul HRA operates its own rehab
program; however, the CDA assists by
request of the HRA.
99128
13,
80
2
3�
26
31
]2
15
49
NOTE: South St. Paul HRA operates its own rehab
program; however, the CDA assists by
request of the HRA.
Jun 10 2004 17:30:52 Via Pax
7,
LMC
-> 6514528940 Administrator Page 001 of 001
-FridayFax-
A weekly legislative update frorn the League of Minnesota Cities
League Board holds special meeting to
discuss LGA issue
In a special meeting today, the League of
Minnesota Cities Board of Directors
unanimously adopted a position calling on the
Governor and legislative leaders to convene a
special session to address a need for a technical
fix to the LGA distribution formula.
In the 2003 special session tax bill that
contained the most recent LGA reforms, the
legislature inadvertently failed to delete a
paragraph dealing with the LGA grandfather. In
administering the formula last summer, the
Department of Revenue accepted letters from
House Tax Chair Ron Abrams (R -Minnetonka)
and Senate Tax Chair Larry Pogemiller (DFL -
Minneapolis) requesting that the 2004
distribution follow legislative intent with an
apparent understanding that the 2004
legislature would fix the technical problem.
During the 2004 legislative session, both the
House and Senate Lax bills contained the fix
and in committee discussions of the provision,
no one testified in opposition to the elimination
of the paragraph. In addition, the House and
Senate written summaries of the provision
indicated that the deletion of the paragraph was
an inadvertent omission from the 2003 tax bill.
Despite the non -controversial nature of the
provision, the House and Senate never
negotiated a conference committee compromise
and therefore, the technical fix did not become
law.
June 10, 2004
Page I
LGA distribution significantly for Minneapolis
and St. Paul and to a lesser extent other cities
primarily in greater Minnesota. Other cities,
primarily in the metro area, would experience
LGA increases. The League will post estimates
of the impacts on our web site when they are
made available.
Administration officials as recently as
yesterday indicated to us that they had not yet
concluded how to interpret the law. In today's
St. Paul Pioneer Press, however, the governor
indicated that he would direct the Department
of Revenue to interpret the law as drafted,
including the grandfather paragraph. It is
unclear whether this would impact the
distribution in both 2004 and 2005 or just in
2005. Later today, we anticipate receiving
official estimates from the Department of
Revenue on the impact of this change.
Unofficial estimates indicate that the change
could redistribute approximately 8 to 10
percent of the LGA appropriation.
During the League Board's deliberations today,
members discussed the importance of following
legislative intent as outlined in last summer's
letters from the House and Senate tax chairs.
Members also discussed the need for stability
and predictability in the LGA formula. Given
that the legislature did not act to correct the
problem during the 2004 session and given the
governor's statements in the paper today, it
appears that a special session is necessary to
have the 2005 LGA distribution follow
legislative intent.
Interpretation of the effect of including the The League will be communicating this
paragraph is not entirely clear. However, under position to the governor and legislators this
either of the two interpretations that the League week.
has heard discussed, including the grandfather
paragraph in the formula would reduce the
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