2010-05-14 Friday NewsMM
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May 14, 2010
Pilot Knob Overlook Monument Dedication
Great River Greening and the City of Mendota Heights invite you to
join us in celebrating the installation of the overlook monument at the
Pilot Knob site. The dedication ceremony is scheduled for Wednes-
day, May 19, 2010 at 11:30 a.m. at Pilot Knob. Great River Greening
and Mendota Heights officials will be joined by State Representative
Rick Hanson, artist Seitu Jones who designed the overlook monu-
ment that will be dedicated and other partners in this projeci Please
put this event on your calendar and come see this excellent addition
to the Pilot Knob site if you have not done so already.
Kathy Swanson Announces Retirement
F City Clerk Kathy Swanson announced that she will be retiring from her position with
the City of Mendota Heights after 38 years of employment. Kathy's last day of em-
ployment with the city will be Wednesday, ,lune 30, 2.01{x. Although she will be retir-
R ing, she will not be leaving us completely. Kathy has graciously said yes to helping
with the 2010 elections and training of her replacement so she will be around for a bit
more for the remainder of the year. A thank you celebration for Kathy is still being
discussed and once we have official pians we will let everyone know what they are so
you have an opportunity to say thank you for the dedication and hard work that she
D has performed for the city and our residents. Thank you Kathy for the help that you
have offered all of us as each of us started our work with the city. The loss of your
years of history is something that we will not be able to replace!
A
Dakota County Regional Transportation Study Meetings
YDakota County will be holding both an open house and neighborhood meeting to dis-
cuss the recommendations that will be presented on the regional transportation study
that has been underway for the past year. Both of these meetings are scheduled for
Wednesday, May 26, 2010 at Trinity School in Eagan. The open house will run from
4:00 p.m. to 6:30 p.m. and the neighborhood meeting will run from 6:30 p.m. to 8:00
Np.m. The neighborhood meeting will focus more on Mendota Heights and Sunfish Lake
issues, Anyone who is interested can attend these meetings.
EAirport Long Term Comprehensive Plan
ARC Chair Liz Petschel and Jake Sedlacek attend a meeting at the Metropolitan Coun-
W cil offices on Thursday afternoon. The Transportation Advisory Board Policy Commit-
tee was reviewing the Metropolitan Airport Commission 2030 Long Term Comprehen-
sive Plan for Minneapolis/St. Paul Airport. The communities surrounding the airport
Scontinue to state our concerns that the plan does not address required planning ele-
ments for capacity and for noise forecasting. The TAB Policy Committee had a good
discussion regarding community concerns and have directed the next level of review to
include establishing a set number of jet operations to trigger further study of capacity.
The TAB Policy Committee also required that the plan include verbiage on review of
forecasts every five years. City representatives continue to feel that our questions are
not being answered, but were at least grateful for a receptive audience.
May 14, 2010
City Hall Work
Thank you to city hall staff for your patience with the work that occurred this week with the city
hall fire sprinkler system. Although the noise and interruptions were not too bad, it was a dis-
ruption to the normal work day. Your patience and understanding is very much appreciated.
In addition, our auditors were here this week in the small conference room performing their
annual work. Their work appears to be complete and the small conference room will again be
available for staff use. Thank you again for your patience this week on all of the city hall is-
sues!
So Long Guy
This Wednesday city staff said goodbye to Engineering Tech and Operations Coordinator,
Guy Kullander with a retirement luncheon at city hall. Guy has been an employee with the
city for 28 + years and the knowledge that he will be leaving with will be greatly missed. We
wish Guy the best in his retirement and hope that he will be able to learn the new skill of re-
laxing. Anyone that knows Guy knows that will be a big challenge for him. Best wishes
Guy!!
Dates To Remember
City Council Meeting
Pilot Knob Overlook Dedication
Bituminous Roadways Open House
Planning Commission Meeting
NOC Meeting
Memorial Day (City Offices Closed)
City Council Meeting
5-18-2010
7:00 p.m.
5-19-2010
11:30 a.m.
5-21-2010
12:00 p.m.
5-25-2010
7:00 p.m
5-26-2010
1,30 p.m.
5-31-2010
6-1-2010
7:00 p.m.
Attachments
.lust The Facts, The Pipeline, City Council Meeting Agenda, 'Pre -Application Meeting Synopsis, Twin-
cities.com Articles "Mendota Heights/Swanson retiring from clerk's post", "Municipal golf scorecard:
75 percent of city -owned courses in Minnesota lost money in 2008" and Friday Fax
May 14, 2010
x/14/2010
7 e latest xem YftPx tAie Nesi&o Xent
The
Drunk / DUI Wednesday 1204 hours
,n 1a
Party called to report that his neighbor has been drunk for the
Heights
past week just drove away. Officer Bobby Lambert checked the
area but was unable to locate the man. 1755 hours Officer Todd
Police
Rosse received a second call — the still drunk man was now
Department
driving away from home. The man headed to Subway, who than
Support
also reported him. Officer Rosse made contact in the parking lot
Staff
as the man was preparing to drive away again. Officer Rosse
Kim Henning
blocked his exit with his squad, activating his emergency lights.
Sandie Ristine
Upon making contact with the driver it was immediately obvious
Susan Donovan
Cathy Ransom
the man was very drunk. At that time he advised Officer Rosse
Becky Pentel
he had a couple of drinks. The man was asked to step from his
Police Officers
car — he could barely do so he was so intoxicated; however, he
Jerry Murphy Scott
firmly believed his only aredeterrent from drivingas that he had
Patrick
John Larrive
serious problems with his knees and feet. But, he was OK - he
Bobby Lambert
was taking VICODIN for that. Because of the driver's inability to
Tanner Spicer
stand (darn those knees and feet), the only SFST's given were
Todd Rosse
the HGN and PBT. The PBT irevealed a BAC of .261. The man
Chad Willson
Jeff vonFeldt
was read the MN Implied Consent Advisory and agreed to
Denise Urmann
provide a urine test. He was transported to the DC Jail. We're
Michael Shepard
looking forward to seeing those test results.
Peyton Fleming
Civil Complaint Thursday 0515 hours
Jenny Fordham
School Resource
Caller wanted to meet an Officer in the parking lot at MHPD.
Officer
Officer Mike Shepard learned a man, driving a Cadillac, was
Steven Meyer
being followed by an unknown person in a Mercury' both vehicles
Investigations
were now in the MHPD lot. The man in the Mercury reported he
Mario Reyes
found a stripper ad online, hired the stripper, paid $300 and after
Tanner Spicer
Sergeants
an hour decided she didn't look like the picture and wanted his
Neil Garlock
money back. He was nice, though and thought the young lady
Brun Convery
should be paid for her work and time —he thought $100 would be
Eric Petersen
fair. The stripper went to confer with her `manager' who had her
Chief
jump into the Cadillac and they drove away, soon to be followed
Mike
Aschenbrener
by the "victim". The young lady spoke up, saying the man
Reserves
wanted oral sex and when she said "No," he wanted his money
Randy Pentel
back. By the way, it occurred in St. Paul. The dispute ended
Gino Messina
when the manager gave the man back his $200 - everyone went
Jesse Mettner
Andrew Quinlan
their separate ways. Don't you love happy endings?
Romet Brown
-1-
5/14/2010
AOA Saturday 0238 hours
Officer Mike Shepard monitored an IGHPD call reference a vehicle not stopping and
was taking evasive action. The car beaded into MH jurisdiction on 1-494. Officer
Shepard positioned himself safely behind a bridge pillar and advised the on -coming
squads that he was in position to deploy stop sticks on the fleeing car. It was clear
who the suspect was as there were multiple squads with lights and sirens following
the vehicle. The stops sticks were pulled in front of the vehicle and two tires were
deflated. The squad cars all slowed, allowing Officer Shepard to remove the sticks
from the roadway. A short distance down the road a high-risk stop was executed on
the stopped vehicle by IGHPD. The suspect was arrested without further incident.
Domestic / Warrant Saturday 0351 hours
Officer Jeff VonFeldt, Peyton Fleming and Mike Shepard responded to a disturbance
call that was soon found to be a mother vs. son domestic. The mother called 911 to
report her son had arrived home, smashing up the house. She thought he was on
some type of narcotics. ippon arrival the man came outside crying and yelling. The
man put his hand in his pockets and acted strangely. He was placed in handcuffs
and secured. Officer Fleming spoke with the mother, who reiterated how strangely
her son had acted and provided the story, Although strange, his behavior did not
elevate to the level of domestic assault. A computer check revealed the young man
had an active warrant for his arrest. When Officer VonFeldt attempted to load the
man into the squad car, he refused until he received a Laser drive stun, making him
instantly compliant. Transported to the DC jail on an warrant.
Hero's in Our Midst Saturday 1530 hours
Officer Bobby Lambert, along with MHFD, responded to the Lilydale Boat launch on
report of an occupied car - in the river. St Paul also responded — as the location is
often confusing for jurisdictional ownership. On scene, Officer Lambert found the
70+ YOA victim had been pulled to safety by some fishermen who were using the
boat launch. (I'm sure a "polar plunge" wasn't in their plan for their fishing
expedition). Apparently the elderly, disabled (and unharmed) man had been parked
at the boat ramp watching the boats go by; when he was ready to leave, he picked
the wrong gear and drove straight into the river. The nearest angler jumped in,
managing to get the man's seat belt undone while another angler jumped in, swam to
the passenger side of the car and began to pull the man to safety. Amazing heroic
effort by good Samaritans! Moments later MHFD and SPFD arrived and helped get
everyone to safety. The man was transported to the hospital; the heroes were
warmed up and enthusiastically thanked for their valorous response.
Domestic Sunday 0120 hours
Officers Fleming, VonFeldt and Fordham responded to a 911 call of a physical
domestic. While enroute, the DCC lost verbal contact with the caller but continued to
have an open line and could listen in. Just before Officers, arrived the caller stated
the suspect was leaving. Once inside the home, officers found the caller bleeding
from the face and loth ears. He adamantly denied calling and refused medical
attention even after the ambulance arrived on scene. The wife of the suspect had
scrapes, bruises and other marks on her. Everyone at the residence refused to
provide any information or cooperate with the investigation. A pick up and hold for
probable cause domestic assault was issued. He was not located.
-2-
5/14/2010
AOA Monday 0530 hours
Officer Peyton Fleming responded to assist the WSPPD with the second robbery at
the drug store in as many days. The robber was armed with a handgun and fled on
foot. The man appeared to be dressed in layers. Officer Fleming assisted on the
perimeter until the K-9 track was completed. No suspects at this time.
Possession of MJ Tuesday 0855 hours
Officer John Larrive spotted a car parked diagonally across the entrance to a local
park. He drove around the block in his fully marked squad, pulled into the park and
stopped behind the vehicle. The passenger immediately jumped out and
approached the squad — the smell of marijuana was prevalent. The man stated the
van had stalled and needed a jump start. The conversation was returned to the
smell of marijuana and in a moment Officer Larrive had the young man's dugout
(drug paraphernalia) in his possession along with the driver's marijuana. The
occupants had an interesting story about the pot, but it still earned the two of them
citations.
Gun Shots Tuesday 1630 hours
Officer John Larrive and Sergeant Neil Garlock spent some time trying to track down
what the caller said was a gun shot. No other reports and no damage reported. The
caller was adamant about what he heard. Nothing located.
Detox Wednesday 0055 hours
Officer Denise Urmann responded to a local bar about a young man who was out of
control. He had multiple friends who were more than willing to bring him home, but
he was out of control; three of them were currently holding 'him down and needed
some help. The inebriated man would not listen to his friends, nor Officer Denise
Urmann when she arrived. His belligerence made it clear that Ramsey County Detox
would be the best place for him. He was provided a ride; nothing further.
Dog Attack Thursday 1118 hours
Caller reported that he was walking his dog on the trail by the river near the Sibley
House when two dogs off leash attacked his dog. The dogs left with a man in a white
car with a bike rack on top. The caller did not have a license number or any other
information to track down the offender; Officer Patrick advised and cleared. The
Dakota County Park Ordinance and The MN State Park rules requires dogs on leash;
learn more at:
http://www.dnr.state.mn.us/state parks/rules.html
http://www. co.dakota,mn. us/N R/rdonlyres/0000167c/nwnlxrdenwlfagtkifuzopswymgawomf/Parks10
7F.pdf
Solicitor Violation Thursday 1557 hours
Several residents called about door-to-door salesmen who did not have a permit.
The parties were overly aggressive and did not want to leave when told ° no." One
resident reported hearing the man try the door after he rang the bell and no one
answered quickly enough. Officer Scott Patrick located the solicitors just a few
houses away from the last complaint. They were cited and released at the scene.
Hot Rod Thursday 1617 hours
Caller reported a "hot rod" racing on Warrior drive, stating it is the same car that
does it every morning at 5 a.m. The caller could only hear the car they could not see
it and have no idea what it looks like. Officer John Larrive was in the area and
couldn't see or hear the hot rod. Officer cleared. A"a"aN '(1,44
-3 -
Imo► ■FATAP
Public Works
En-gineering May
Code En•
Public Works
5
"PUBLIC
The Parks Crew planted donated trees by Rogers Lake in the west parking lot.
They started up the sprinkler system at Mendakota Park and the Fire Hall and
tested for leaks. Sprinkler heads were repaired in the Mendakota Park outfield.
Paint was picked up to stripe the ball fields and the soccer fields.
Rich cleaned the grease off the floats at the Veronica lift station and the
Lilydale lift station. He mowed the lawn at the Veronica lift station. He
sprayed for broadleaf weeds at the City Hall ball field, Curley Tot Lot and
Veronica Lift Station. He also did a sanitary sewer inspection on Wentworth
Avenue.
The Streets Crew put the hot box in truck 303. The dump trucks were washed
and steamed cleaned. They helped Rich clean the floats at the Lilydale lift
station. Main storm grates were cleaned of leaves and debris.
The third full week of May is National Public Works Week to celebrate the tens
of thousands men and women in North America who provide and maintain the
infrastructure and services known as public works.
Engineering
Guy Kullander Retires - Guy will be sadly missed because of his retirement.
His last day was Thursday, May 13tH
2010 Street Reconstruction - A large group of trees at the end of Spring Street
were removed this week. Milling is scheduled for next Tuesday and
Wednesday.
Water Tower Rehabilitation - Odland Protective Coatings continues to blast off
the existing paint on the interior of the water tower this week. The project is
proceeding according to schedule with a completion date of mid August.
Engineering Intern - The Engineering Intern starts on Monday. Please
welcome aboard Brian Heimerl.
Sibley Job Fair - Ryan represented the City of Mendota Heights at the Henry
Sibley High School job fair on Tuesday of this week.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
May 18, 2010 — 7:00 P.M.
Mendota Heights City Hall
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4
5
I
7
Agenda Adoption
Approval of the May 4, 2010 City Council Minutes
Consent Calendar
a. Acknowledgement of the NDC4 Meeting Agenda
b. Acknowledgement of April 2010 Treasurer's Report
C. Acknowledgement of Fire Department April 2010 Monthly Report
d. Acknowledgement of April 2010 Building Activity Report
e. Acknowledgement of Par 3 Update
f. Authorization for Wildlland Fire Protection Cooperative Agreement
g. Authorization for Purchase of Greens Mower for Par 3
h. Authorization for Sale of 1996 Chevy Blazer
i. Approval of Fire Department Equipment Purchase Request
J. Approval of Weed Inspector Appointment
k. Approval of City Cleric Kathy Swanson Retirement Effective June 30, 2010
1. Approval of Personnel Code Update
m. Approval of Financial Crimes Services Agreement Update
n. Approval of Computer Use Addendum Update
o. Approval of Sign Permit (790 South Plaza Drive)
p. Adoption of Resolution No. 10-33: "RESOLUTION ACCEPTING WORK
AND APPROVING FINAL PAYMENT FOR JOB NUMBER 200906 —
SEWER LINING"
q. Adoption of Resolution No. 10-34: "A RESOLUTION ACCEPTING
CENTRE POINTE CURVE WITHIN THE CORPORATE BOUNDARY OF
THE CITY OF MENDOTA"
r. Approval of Contractors List
S. Approval of Claims List
Public Comments
8. Public Hearinj4s
A. Wine and 3.2 Malt Liquor License (On Sale)
Tommy Chicago's Pizzeria
B. 3.2 Malt Liquor Licenses
SuperAmerica (Hwy 110) — Off Sale
SuperAmerica (Mendota Heights Rd) — Off Sale
Par 3 Golf Course — On Sale
9. Presentation
Special Operations Team Presentation
10. Unfinished and New Business
a. Case No. 10-08: Hayley Heidelberg/Roy Bester, 752 Mohican Court —
Conditional Use Permit for a Fence. Resolution No. 10-35: "A RESOLUTION
APPROVING A CONDITIONAL USE PERMIT FOR A SIX FOOT FENCE
WITHIN THE 30 FOOT SETBACK ON A CORNER LOT AT 752
MOHICAN LANE"
b. Amendment to the Mendota Plaza Development Agreement
11. Council Comments
12. Adjourn to Closed Session — City Administrator Six Month Performance Review
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 651-452-1850 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.
AAk a 24A,
CITY OF MENDOTA HEIGHTS
MEMO
DATE: May 13, 2010
TO: City Council, Commission Members, and City Administrator
FROM: Jake Sedlacek, Assistant to the City Administrat4__Al
SUBJECT: Pre -Application Meeting Synopsis
Staff met with one potential planning applicant on Monday, May 10, 2010. Steve
Grittman, Ryan Ruzek and Jake Sedlacek were present.
Peter Opitz — Wetland Regulations
Mr. Opitz is considering purchasing a Mendota Heights Property which has frontage on a
pond. Prior to making an offer, Mr. Opitz wanted to learn more about the City's wetland
regulations. Mr. Optiz reviewed ideas he had for landscaping and fencing the yard, as
well as installing a play structure. Staff reviewed the criteria for improvements within
the 100' buffer to a wetland, as well as the typical application procedures. While no
planning action is anticipated at this time, staff found it to be refreshing to have a
(potential) resident taking such care to understand our ordinances.
Comprehensive Plan
Staff also discussed the additional materials which have requested by Met Council for
review of our 2030 Comprehensive Land Use Plan. A majority of items are completed,
and ready for insertion in the comp. plan. Steve, Ryan and Jake reviewed a draft
wastewater management section, making a handful edits.
Mendota Heights / Swanson retiring from clerk's post - TwinCities.com Page 1 of 1
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Mendota Heights
Swanson" • from
post
Pioneer Press
Updated: 05/06/2010 11:47:52 PM CDT
Kathy Swanson, the city clerk of Mendota Heights
since 1978, is planning to retire at the end of June.
Swanson, 64, who started with the city as an
administrative secretary in 1972, notified officials
Tuesday.
"I've been thinking of it for a while, and once you
make up your mind, it becomes a little easier," said
Swanson, of Hampton. "But after all these years, it
was a difficult thing to do."
At Tuesday's city council meeting, council member
Jack Vitalli praised Swanson for her dedication to
the city.
"Kudos to you for all the work you've contributed to
the city over the years, and excellent job you've
done," he said.
— Nick Ferraro
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http://www.twincities.con-i/dakota/ci-15035199 5/7/2010
Municipal golf scorecard: 75 percent of city -owned courses in Minnesota lost money in 2... Page 1 of 3
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By Bob Shaw
bshaw@pioneerpress.com
Updated: 05/11/2010 09:42:05 AM CDT
Putting or profits
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It's getting lonely on the links as golf in Minnesota
hits a rough patch.
Advertisement
http://www.twincities.conVci_I 5060745
For years, the number of rounds played at most
Twin Cities golf courses has been sinking. Worse,
the state auditor reported last week that about 75
percent of the state's 43 city -owned golf courses
lost money in 2008.
"It is a changing time in our history. We have a weak
market. We are over -supplied with too many
courses," said Al McMurchie, owner of McMurchie
Golf Management Inc. and manager of the Inver
Wood Golf Course in Inver Grove Heights.
For cities, the timing is dreadful. They are facing
financial crisis as assessed property values and
state aid to cities plummet. Confronted with cutting
police officers, libraries and social services, they
are struggling to justify spending money on golf
courses.
In this toxic climate, just breaking even is seen as a
success.
"We are pretty much flat — which is the new 'up,''.
Cottage Grove City Manager Ryan Schroeder said of
the finances of the city's River Oaks golf course.
Nationwide, the recession is taking a toll on golf.
The number of rounds of golf played on public
courses dropped 11 percent this year through
March, according to the firm Golf Datatech. The
drop was worse for private courses — 16 percent.
Although Minnesota courses are reporting big
increases because of warm spring weather, most
managers say the courses will continue to struggle
in the long term.
It is an existential moment for golf.
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Municipal golf scorecard: 75 percent of city -owned courses in Minnesota lost money in 2... Page 2 of 3
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State
Auditor Rebecca Otto said she provided the
statewide golf spreadsheets to help voters decide if
the courses are worth the mounting losses.
"This is transparency," said Otto. "Some will say, 'We
love our golf course and don't mind subsidizing it.'
It is a quality of life issue."
Indeed, city -run courses aren't always expected to
make money. Some cities see the courses as part of
a recreational package or civic identity.
"Other things they do do not make a lot of money
either," Otto
Putting for profits
Buffnfo's i couvfm� prcYii the largest deficit of any
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said, pointing to such facilities as municipal
Advertisement
PIONEER PRKS
swimming pools or ice arenas.
The golf course in West St. Paul, said City Manager
John Remkus, is part of the city's image. "It creates p
ositive thoughts when people think of West St.
Paul," he said. Even if it loses money, "it adds value
to the community."
But an increasing number of cities, including West
St. Paul, are balking at the mounting losses.
Otto said those cities must ask if a city -owned
course is essential — or if there are private -sector
alternatives. "Are there other golf courses in the
area?" Otto asked.
The state's biggest golf money loser in 2008 was
the Wild Marsh course in Buffalo. It lost $719,000.
"We have to get it back into the black," said City
Administrator Merton Auger.
He said the course is succeeding, with a new
marketing campaign that has nearly tripled
membership so far this year.
In West St. Paul, the Thompson Oaks Golf Course
has been losing money for years. And City Council's
patience is wearing thin.
"If we can't turn this around even a little bit, the
council would consider closing it," Remkus said.
He said the course now was increasing business,
thanks to staff changes and course upgrades.
Schroeder, the Cottage Grove city manager, was
pleased to see that rounds of golf at River Oaks
increased 3 percent in 2009. Still, he said, worries
Print Powered By r . im, s'LDyna ` ti
http://www.twincities.com/ci_15060745 5/11/2010
Municipal golf scorecard: 75 percent of city -owned courses in Minnesota lost money in 2
about golf revenue are constant.
"It's something we wring our hands about every
year," he said. "But we will
Starter/ranger Dick Streich lines up empty carts at
Eagle Valley Golf Course in Woodbury on Monday May
10, 2010. Streich has been with the course since it
opened in 1998. (Pioneer Press: Richard Marshall)
(Richard Marshall)
survive just fine."
In Woodbury, Eagle Valley Golf Course saw revenue
fall by 7 percent in 2009. Participation peaked at
36,000 rounds played in 2000 but sagged to
28,000 in 2009.
Bob Klatt, the city's parks and recreation director,
said one critical change was in corporate golfing.
Courses used to count on midweek outings by
corporations, usually entertaining clients.
That business largely ended with the terrorist
attacks of Sept. 11, 2001, when many corporations
tightened their belts and cut back on entertainment
that might be considered lavish.
Advertisement
"#--rliq 11q 11m
Page 3 of 3
Revenue in 2009 also dipped because of cold and
rainy weather. "The fall of 2009 was largely lost to
us," Klatt said. "October was a total washout."
But this year, with the warm spring, he said the
rounds might bounce back to 30,000.
"We are doing the best we can," Klatt said. "But you
can't force people to play."
Bob Shaw can be reached at 651-228-5433.
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May 07 2010 17:3Z:14 Via Fax -> GS14SZO940 Administrator Page 001 Of 004
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LEAGUE or
(MINNESOTA
CITIES
-Freda Fax -
A vveelcly legtslad vc' uptl m4 froin the. League gl'.Minn sola Cilia?
Uncertainty is the only certainty
As the Legistature enters the final 1.0 days of
the 2010 legislative session, the only thing
certain about the upcoming week is that clays
will be long; and schedules will be
unpredictable. With work on In;jor onutiibus
mills such as taxes, education, health and human
services, and pensions still unfinished, it
appears the Capitol will be a busy place well
into Friday evening and possibly through the
weekend.
Matters have been fiurthei- complicated by the
Stfrte Sq i on,)e C„„ c ,�ttrt'.5 d.ec sion, to uphold tilt
lower cOlurt's rtrlillg Oil the governor's use Of
unallotah ent, and the subsequent executive
order from Governor Pawlenty directitlg
emergency cash management planning by state
agencies.
Expect negotiations between legislative leaders
and the governor to intensify in the cooling
days as pressure to meet the Constitutional.
May 17 deadline builds_ 'life League will slake
every effort to keep members informed of
developments through listsery messages bird
next week's C 1jes Bulletin, Jnter:governmental
relatiow staff will also monitor e-mail and
voice mail over the weekend and will be glad to
respond to any member inquiries about the
status of lending legislation_
Oic! tioris? tit 651-281-
1263
i51-811 263 or a7 inn (t:,1TT e. or9.
Governor issues executive order on
emergency cash management
On friday, Governor Pawlenty signed an
emergency executive order 10-7 directing the
`otln ss.,B_vA&t1 to
May 7, 2010
Page 1
develop an emergency cash management plan
that will prioritize core goverrinient services in
light of the state's budget and cash flow
problems. "The order was released in the wake
of the Supreme Court decision that overturiled
his 2009 budget -balancing unallotila of plan
and, accorcliti . to the governor, it is a
precautionary financial planning exercise.
The emergency executive order directs the
corrl.nlissioner to immediately prepare and
review the state's operational plana. for the
"identification Of core government filnctions
which would be funded oil a Funds -available
basis should the current fiscal crisis result in
appropriated and. allotted spending obligations
continuing to exceed fundingavailable in the
State general fiend."
I'Ile resolution offers a number of i.atimiales for
the emergency cash management order
including a firxling that "individuals and
organizations seeking the restoration of
government funding affected by the 2009
una.11otment actions have threateiled to seek.
lltigattoii 'for a restoration of the wialloted
hands in light of the Supreme Court's ruling in
Nr•t.7 ,loo v, 1)awlenty," (E.g., Conlnhon Cause
and the League of Women Voters have asked
the governor to "voluntarily" restore the
Political Campaign Refiund una)lotments).
'rhe resolution concludes that. potential
restoration of the previously-i.cduced
allotments would result in payment obligations
for the cuirent fiscal bienniunh greatly in excess
of the State of Minnesota's ability to pay for
them:, and would place the; State ofMirrriesota
in a pOSitiOn Of "facing an illlnibient and severe
dish flow crisis,"
Noi more ittfonnatioa or 6ty regulative is"uo, c011utO any tttem i oi'tiae l..t�ague of 14ho esota Cities Intagownimentai Rglations teras.
651.281.1200 or 900,925.1122 oiid www.linc.org
May 07 2010 17:33:05 Via Fax
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The effect of the emergency executive order on
city programs, including local government aid
(LGA) and market value homestead credit
(MVH.C) is not entirely clear. 'Those programs
are standing state appropriations and thefefore
inight not be subject to a "core functions"
appropriations analysis. hi any case, the League
will be analyzing the emergency executive
order, including the determination of "core
governmental functions" for the potential
impact on city appropriations.
Quavflon5? CCJmacl (;aij' Carlson at 651-281-
1255 orrcctrl.tr�ra(raIrr�c.nF;*,
Unallotment decision raises more state
budget concerns
In the wake of the Wednesday release of the
Minnesotan Su.rlprome Court de6sion that
reversed the governor's 2009 use. Of
unallotment to balance the state budget, the
goveruior acid tegi.slators are now scrambling to
address the remaining immediate deficit of
roughly $536 million and the potential for
additional fitiatici.al upheaval that could result
from additional legal challenges to the
unallotments.
Last Jt.ily, the governor announced a package of
$2.7 billion in cuts and sliffis of state
expenditures. Roughly `62.5 billion of thiit
package of budget chariges were accomplished
through they governor's unallotment. authority.
The majority of the unallotment, or roughly
S 1.8 pillion, was achieved by shifting K-12
school aids, credits and the recognition of
school property tax levies,
In the 4-3 decision, the Minnesota. Supreme
Court ruled against Governor Pawlenty in the
Br•rrylon cel. Irl. v. Tim Pawlet-tly, el al
May 7, 2010
Page 2
unallotment lawsuit. The Court found that the
governor exceeded his budget unallotment
authority last summer when he made ci.w; to the
Minnesota Supplemental Aid Special Diet
program.
While the Supreme Court decision only directly
affects the cuts to special dietary program, the
Conclusion of the Court appears to create
political and legal uncertainty about the validity
of the remainder of last summer's unallotment
decision ----including the: $192 million of local
government aid (LGA) and market value
homestead credit (,M.'VHC) cuts eff'ectua ted last
July and January for the 2009 and 2010 aid and
credit distributions to cities.
The governor and legislative leaders met twice
on Thursday to begin discussions about: how to
resolve the uncertaizlty created by the Supreme
Court decision as well as the ellallerlge of
resolving the remainder of the underlying
protected budget deficit. The governor has
called on legislators to legislatively mtify the
uiaallotments in order to remove the uncertainty
created by the Supreme Court decision, )n early
March, legislation was introduced by ftL. Yat
Garofalo (R -Farmington) and Sen. David Hann
(R -Eden Prairie) to ratify those, 1. tmillotments,
1„ --IF 3278/S17 3085, Legislative ratification
would eliminate uncertainty of additional
litigation that could force the state to repay
unallotted. funds.
Late Thursday, there were ramors circulating
that. legislators might try to compile a package
that would include a ratification of the
unallotlnent reductions with additional
measures to address the remaining inin.iodiautc
$536 million deficit, We expect negotiations to
continue throughout the weekend.
For adore inf01171alioll on city lr:gislative i,suo, contact lily tr3emher of Ilse L. ague of Mitmoota CifiQa httcrgovemmenuti 1Zelntioas term.
651.2131.1200 or 800,925.1122 011(1 www,lmc.org
May 07 2010 17:33:57 Via Fax -> 6514520940 Administrator Page 003 Of 004
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j,EAGUH or
MINNESOTA
CITIES
-Fri*da F axwow
A weelcly legi.5la dve ujtitale f orn the Lague ql*.MXrtr aywa (7itie
Before the Supre=me Court decision, the League
Board declined to initiate direct legal action
challenging the LGA and MVHC:' c=ats but did
direct the League to participate in the Drayton
case by filing a joint amicus curiae brief with
the titres of Minneapolis and St.:l'aul, tiles
Coalition of Greater Minnesota Cities, Metro
Cities, and the Minnesota Association of Small
Cities. The Boards decision was based in part
on the fact that the state is experiencing a
severe budget deficit and that a successful legal
challenge would not guarantee. that funds
would be available to restore LGA and MVHC
cuts =nor would a successful challeznge compel
the state to raise revenues to cover the restored
cuts,
In light of the Supreme Court decision, cities
and other entities affected by the utnallotrnnelIts
could probably successfully argue to have past
cut's restored and proposed future oats not
implemented. However, the underlying state
budget deficit continues to exist and even if
such a suit were successful, it would only
create a larger deficit for the governor and
Legislature to resolve creating additional
uncertainty as to whether cities would do any
better under sore alternative budget balancing
plan.
League staff will continue to monitor
discussions on this stabiect over the corning
clays and there will be discussions with the
League Board of Directors about the
i=mplications of the ruling for cities.
Question. 0 (.,onfaef Gax v C;aF°l..soTi cit 651-281-
1255
y r1-281-
155 or lrrtc.'.org,
May 7, 2010
Page 3
Metro water fees removed from
House bilin
A proposal by Rep, Jean Wage,aius (DR, -
Minneapolis) to have the Qepartment of
Natu al Kesourees (IBNR) develop an
autorzaated and integrated groundwater nn.apping
and monitoring system in the 11-cotunty
metropolitan area has moved forward as part. of
<a 1 -louse erlvironroental funding package, but
without increasing water appropriation fees on
pe=rmitted groundwater users.
The initial legislatio=n provided $5 million of
state clean water legacy funds and $4.2 million
in new groundwater fees (a new a=nnual fee of
$£i per million gallons on groundwater
appropriations by cities, industry, and
agricultural businesses collected for four years)
in the metro area.
The fees in tint: proposed legislation were
reduced to $6 per million gallons in 2015 at the
request of the League, as the system would
require only $800,000 per year in ongoing
funding to maintain the wells and ecltripment
and continue to manage and process the data.
Tlne fees would go into a new dedicated DNR
account for use only for approved groundwater
programs within that agency. Cities h=ave long
requested such an. account, Current
groiuidwater fees go to the state general farad.
Tile Senate acted earlier this session to approve
starti=ng this proiect, but chose to use only the
clean water fund. The House bill has now been
annended to do the sante thing, allocating $5
million of state funding. The fee is no longer
proposed in either the House or Senate versions
of the legislation. The l:°louse bill, :€4f, 3790,
includes the prgJect in Article 2, sectio=n 3. The
Fol' 111(we h)I'udtllittion on etty Iogl,iative ismwN, contact any member of ilio Lwglle of A4iwwsots Cilie. Intergovelnnle#Ila) Retaiions tc;nn.
651.281,1200 or 800.925.1122 <ind www,inic.org
May 07 2010 17:34:47 Via Fax
(0001
LEAGUE or,
MINNESOTA
CITIES
-> 65145ZB940 Administrator Paye 004 Of 004
-Frida F ax-
A weelciv legisl1dvnC. ]!1%CJate f'om the LeagntG? f)f .{�j]�]9C'1[)�CI Cities
Senate version can be found in Article 2,
section 4 of SF 3275.
A. copy of the DNR report laying out: the
trionitoring plan and its rationale can be found
at the following site: DNR -el2art.fpIf3
Please watch LMC publications for futctre
updates on environmental budget. discussions.
Questions? ('onlact ('raigy,,Io nson crt 651-
281-.1259 or ejohnsr..>nCii_13?lc.•,ot -
First collaboration bill on its wily to
the governor
The conference con -i ittce report on SF 2511.
{Sen_ Armon Kest, DFL -Near flope) is on its way
to Governor Pawlenty and is expected to
receive his signature. Commonly referred to as
the Swails-McFarland hill Q f,2840), the
legislation creates the Collaborative
Governance Council. 1"he League and other
major statewide groups are responsible for
appoiz umot of a representative to the. cou icil,
which will start its work before the end of July
2010. The council has a. list of'duties,
including reviewing the statutes for obstacles to
collaboration, increasing the use of technology
and collaboration, and corning up with model
form's for joint Bower agreements.
Interestingly, legislative representation was
removed fron) the bill in order to keep the cost
ofthe council to a bare minimum,
In the fast few weeks, there have been v -a
number of other collaborative and streamlining
models corning forward in legislation, Another
major effort that appears to be on truck for
passage is Ham' �Q (R- . Paul Mar u art, DFL -
Dilworth), which resurrects the Minnesota
innovation and .Research Council. HF 2227 is
May 7, 2010
Page 4
moving through the committee process on
Friday. Overall, that bill is supposed to take a
broader look, possibly at state government too,
Additionally, Rep. Marquart added
aamendmeaits to both his oiaaaa.ibus tax bill aDd
the education bill that direct working groups to
add account{ability measures and possible
sharing of services aanong cities and school
districts.
League staff will provide a longer summary of
the various bills, in next week's (.."ilius RldlefiH,
Qua.'tiomv? ('oiitact Jt y]inifei, O'.I?ottrke° t7t ,6351 M
,81-1261 or orc3y.A,.&lrr�
I'ol11101'6 6)RImialiotl on City jogisimiyo ismit"s, colrt<]ct i y member of tilt €.,clgvc of Mimmola Citic. 1111agovcrlllllamol Relations wilm.
651.281,1200 or 800,925.1122 oncl www,fync.org