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2005-03-04 Friday NewsMAYOR'S "STATE OF THE CITY" ADDRESS Mayor Huber was asked by the Northern Dakota County Chamber of Commerce to give a "State of the City" address for Mendota Heights this year. At 7:30 a.m. this Tuesday morning the Mayor gave his address in the City Council Chambers. There was a good audience which included the Gateway Bank owners; and the future owner of the Town Center Cold Stone Creamery (also a resident). The Mayor did an excellent job of informing the audience of what great shape the City is in, telling them about our financial status, proposed and recent developments, with a special emphasis on Town Center — well, I do not need to tell you all this because you can see it all for yourself, it was televised live and is being rebroadcast according to the following schedule. Mayor Huber's "State of the City Address" will replay on Channel 18 on: Friday -March 4th at Noon & 6:00 pin Saturday -March 50h at 2:30 pm Monday -March 7th at 10:00 am Tuesday -March 8th at 6:00 pm Wednesday -March 9th at 10:00 am & 6:30 pm Friday -March 11`h at Noon & 5:30 pm Saturday -March 12 at 2:00 pm ECOLAB REDEVELOPMENT Members of Opus Corporation appeared before the City Council this last Tuesday to present their proposal for redevelopment of the Ecolab site. Opus is at the Concept Plan stage, which means that they are presenting their PUD to the City for Preliminary feedback before they expend much time and money on more finalized plans. Some of the recent issues in flux include: the position of one, or more condominium buildings, the alignment of a trail, the total number of housing units, public vs. private streets the amount of fill imported to the site, traffic, improvements to the Wachtler/TH 13 intersection. Next Tuesday at Mendakota Country Club Opus is hosting their own neighborhood meeting to present their project and get feedback before a formal hearing at the Planning Commission in April. 2005 STREET IMPROVEMENT PROJECTS At this week's City Council meeting City Engineer Sue McDermott presented her feasibility report for the 2005 Street Projects. This year's projects include Dodge Lane, Ivy Falls Avenue, Somerset Lane, Ridgewood Dr. Ivy Hill Drive and a portion of Maple Park Drive. Sue is going to have her own neighborhood meeting at 6 pm on Monday, March 281h here at City Hall. This will be an informal meeting with the opportunity for affected residents to ask one on one questions off camera before the formal meeting by City Council on April .5th. Respectfully submitted, Jim Danielson City Administrator Attachments: Just the Facts, Pipeline, Park. and Recreation Meeting Agenda, ARC Meeting Agenda, Planning Commission Agenda Synopsis, Pre -Application Meeting Synopsis, Opus Neighborhood Meeting Flyer, Public Hearing Notice for 2005 Outreach Meeting on 2030 Regional Parks Policy Plan, AMM News and Friday Fax. Issue #05-08 „J TZ fes...,, March 4, 2005 Damage to Vehicle 02/24/05 2149 hours Caller reported that someone had punctured all four tires of his vehicle which had been parked in the lower lot of Brown College Complainant reported to Officer Petersen that he thought his ex-girlfriend could be a possible suspect Damage to Vehicle 02/27/05 0803 hours The complainant reported that someone had damaged the rear window of his vehicle that was parked in his driveway In checking the vehicle, Officer Patrick found that not only was the rear window shattered, but there was a small dent above the window where a pellet had struck the car. There are no suspects Theft from Vehicle 03/1/05 2107 hours Officer Tillery responded to a business in Mendota reference a theft The complainant reported that she had parked her vehicle in the parking lot at 1920 hours and when she returned at 2100 hours, she discovered the rear passenger window on the driver's side had been shattered On closer inspection, it appeared the suspect(s) tried to pry the window and damaged the rubber/steel border around the window Theft from Vehicle 0312/05 0226 hours Officer VonFeldt responded to the 800 block of Hwy 13 to speak to the complainant about a theft The complainant advised that someone had broken out the passenger side window on her vehicle while parked in the parking lot She compiled a list of the missing items Theft from Vehicle 0312/05 9005 hours Officer Bobby Lambert spoke to the complainant who reported that his vehicle had been parked in the parking lot of the business. He stated the incident occurred sometime between 0100 and 0830 hours this morning. Several items were taken Note: At 1040 hours, a resident reported finding this property in the area of Annapolis and Chippewa while out jogging It appeared the property had been thrown out of a car window onto the street Owner was advised he could pick up his property at the police department Burglary 02/27/05 1611 hours Officer Scott Patrick spoke to the complainant in the 1400 block of Northland Drive. He reported a burglary -in -progress had just occurred and the suspect(s) were just leaving the scene. Sgt Neil Garlock was the first on the scene and the suspect(s) were gone on his arrival in the area Taken were two laptop computers.. The case is under investigation Burglary 02/28/05 0720 hours Officer Tanner Spicer was dispatched to the 1100 block of Kingsley Circle S to speak to the homeowner reference a burglary. When Tanner arrived, he observed footprints from the street to the garage door There didn't appear to be any damage and no forced entry The homeowner reported that some cash and a cell phone, a black leather zippered bag, and an ashtray had been taken from his vehicle. Referred to Investigations for follow-up Burglary 02/28/05 0808 hours Officer Scott Patrick spoke to a homeowner in the 1600 block of ,lames Road Issue #05-08 March 4, 2005 who reported that he had accidentally left his garage door open all night When he went out the next morning, he found that someone had entered the attached garage and had taken some items from his vehicle The missing items were later found down the street where they had been thrown Burglary 0312/051953 hours Victim reported to Officer Eric Petersen that she came home to find that her residence had been ransacked and several doors left open Forced entry was found on an exterior door which faces north There were several items taken from the residence There is no suspect information; however, several footprints were found belonging to the suspect Photos were taken Referred to Investigations for follow-up and possible connections to burglaries in Eagan Possession of a Small Amount of Marijuana & Paraphernalia 02/24105 1326 hours SRO Officer Jenny Hurst was notified by that a student was found to be in possession of a small amount of marijuana and drug paraphernalia The student, when confronted, admitted to smoking marijuana prior to coming to school and having marijuana, as well as paraphernalia, in his vehicle The student was tagged Medical 02/25/05 0220 hours Officer Chad Willson responded to the 2400 block of Aztec Lane to assist on a medical While en route, he was advised that the caller's grandfather was smoking crank in his bedroom and already had a heart condition Upon Chad's arrival, granddad admitted to smoking crack, then flushed the remaining drugs and pipe down the toilet Medics checked the granddad that refused transport.. Assault/interference with 911 Call 02/26/05 1808 hours Officer Todd Rosse responded to a residence on an in -progress physical domestic Prior to his arrival, the suspect fled in an unknown direction The father, who was the victim, stated that his stepson had assaulted him and he had suffered a small cut on the left side of his neck. He also advised that while speaking with the 911 dispatcher, his stepson took the phone away from him and disconnected the line Two addresses were checked by officers with no success. Note: Officers were called to respond back to this residence reference a verbal domestic on 2/27105 at 1548 hours Sgt Garlock arrived on scene and advised the son to pack some clothes and leave the residence He was then transported to his sister's home in Eagan. Injured Coyote 03111051208 hours Officer Jerry Murphy received a call to assist a homeowner with an injured "dog" The dog appeared to be a coyote, but was wearing a collar. According Jerry's report, " the dog was basking in the sun" upon his arrival. He stated he could not get close to the animal, which bolted upon seeing the officer Jerry observed that when the dog ran, he did so with his left leg up as if it was injured 4t" Degree Assault/5t" Degree Controlled Substance 03/1/05 1325 hours Officer Patrick stopped a vehicle being driven by a subject whom he knew to be revoked While handcuffing the subject, he became belligerent, kicking and spitting at Scott, and had to be forcibly handcuffed. He was searched and a controlled substance was found in his pant pocket. When placed in the back of Scott's squad, he spit on the plexi -glass and kicked the back seat windows in the squad (note without the new protective bars manufactured and installed by PWG staff we would be putting new windows in again). Scott received a small cut and swelling on his hand, which was photographed The subject was taken to the DC Jail Possess Burglary Tools/Auto Tampering/False Info 03/1105 1557 hours Officer Rosse responded to the 500 block of Fremont concerning two males who were observed inside the neighbor's garage One male was inside a parked vehicle in the garage, and another was near the interior wall Both males were known not to be the residents The males left on foot and were later apprehended in the area of Chippewa and Miriam During interviews the thieves admitted to what they were doing The juvenile was brought in for his first court appearance and plead guilty Fie was transferred to Ramsey Juvenile The adult is in the DC jail awaiting formal charges from the City Attorney's Office. Have a great weekend! 1% 0 N E wsThe e LETTER ine Public Works Engineering March 3, 2005 Code Enforcement Public Works Public Works was called in on Sunday morning at 7:00 A.M. to plow the main lines and sand streets. The Parks Crew plowed the pedways after Sunday's snowfall. They rebuilt the picnic tables by replacing boards where needed that are in the back of the shop. They solicited bids for portable satellites to use this summer in the parks. Rich cleaned grease off the floats at the Veronica lift station. Infratech put patches in the sanitary sewer main at William Court to cover a broken joint and at Mears and Delaware to cover a crack and broken pipe. The Street Crew mixed sand and salt. They replaced a missing cross walk sign at Maple Park Drive going on to the pedway at Ivy Park. They filled potholes with cold mix. Snow Events of the Week Date: Response: Amount 2-27-05 Scrape main lines and sand 1" Engineering Engineering sent out letters and notices to residents regarding this summer's street projects. Please see the attached letters and notice. Code Enforcement A new single family permit was issued for 1161 Dodd Road to Meisinger-Long Development. The estimated square footage is 150,000. March 2, 2005 RE: Public Hearing and Informational Meeting Notices 2005 Street Rehabilitation Projects — Ivy Hill Drive/Maple Park Drive (City Proj ect #200506), and Ridgewood Drive (City Proj ect 4200508) Dear Property Owner: An Informational Meeting regarding proposed street improvements to Ivy Hill Drive, Maple Park Drive and Ridgewood Lane is scheduled for Monday, March 28, 2005 at 6:00 P.M. at City Hall, 11.01 Victoria Curve. The agenda will include discussion of proposed street improvements, estimated construction cost and estimated assessment amounts. Representatives from the City of Mendota Heights Engineering Department will be available to answer your questions at this meeting. This Informational Meeting is intended to provide a better understanding of the potential improvements in an informal setting. Please note that this is not a Public Hearing. A Public Hearing for the subject projects is scheduled to be held on Tuesday, April 5, 2005 at 7:30 P.M. in the City Council Chambers at 1101 Victoria Curve. Enclosed is the Notice of Public Hearing that will be published in the Southwest Review. Your property abuts the potential improvements and is proposed to be assessed. The feasibility report for the project was accepted by the City Council on March 1, 2005. All persons desiring to be heard with reference to the proposed improvements will be heard at this meeting. Written or oral comments will be considered. Please note that this hearing is not the Assessment Hearing. This meeting is to consider the improvement project. If the City Council orders the improvements, a separate assessment hearing will be held after the bids are received. All pertinent assessment information will be mailed to each affected property owner prior to the assessment hearing. If you have questions concerning the project, please call me at (651) 452-1850. Sincerely, Sue McDermott, P.E. City Engineer CITY OF MENDOTA HEIGHTS Cc: Jim Danielson, City Manager \\Server\shared\Engineering\2005 Projects\05-01Uetterpubhearingrehab.DQC March 2, 2005 RE: Public Hearing and Informational Meeting Notices 2005 Street Reconstruction Projects — Dodge Lane (City Project #200214), Sunset Lane (City Project #200212), and Ivy Falls Avenue (City Project #200210) Dear Property Owner: An Informational Meeting regarding proposed street improvements to Dodge Lane, Sunset Lane, and Ivy Falls Avenue is scheduled for Monday, March 28, 2005 at 7:00 P.M. at City Hall, 1101 Victoria Curve. The agenda will include discussion of proposed street and storm sewer improvements, estimated construction cost and estimated assessment amounts. Representatives from the City of Mendota Heights Engineering Department will be available to answer your questions at this meeting. This Informational Meeting is intended to provide a better understanding of the potential improvements in an informal setting. Please note that this is not a Public Hearing. A Public Hearing for the subject projects is scheduled to be held on Tuesday, April 5, 2005 at 7:30 P.M. in the City Council Chambers at 1.101 Victoria Curve. Enclosed is the Notice of Public Hearing that will be published in the Southwest Review. Your property abuts the potential improvements and is proposed to be assessed. The feasibility report for the project was accepted by the City Council on March 1, 2005. All persons desiring to be heard with reference to the proposed improvements will be heard at this meeting. Written or oral comments will be considered. Please note that this hearing is not the Assessment Hearing. This meeting is to consider the improvement project. If the City Council orders the improvements, a separate assessment hearing will be held after the bids are received. All pertinent assessment information will be mailed to each affected property owner prior to the assessment hearing. If you have questions concerning the project, please call me at (651) 452-1850. Sincerely, OAA.� Sue McDermott, P.E. City Engineer CITY OF MENDOTA HEIGHTS Cc: Jim Danielson, City Manager \\Server\shared\EngineeringUO05 Proiects\05-01\]etterpubhearingrecon,DQC CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA NOTICE OF HEARING ON PROPOSED STREET IMPROVEMENT PROJECTS INCLUDING GRADING, STORM SEWER, AGGREGATE BASE, CONCRETE CURB AND GUTTER, BITUMINOUS SURFACING, AND APPURTENANT WORK WHEREAS, the City Council of the City of Mendota Heights, Dakota County, Minnesota deems it necessary and desirable to consider construction of the street improvements hereinafter described. NOW THEREFORE, notice is hereby given that the City Council of the City of Mendota Heights will hold a public hearing on said improvements at the following time and place with the said City: Date and Time: Tuesday, April 5, 2005 7:30 o'clock P.M. or soon as possible thereafter Location: Mendota Heights City Hall 1.101 Victoria Curve Mendota Heights, MN 55118 The general nature of the improvement is: Reconstruction of Sunset Lane, Ivy Falls Avenue and Dodge Lane, including grading, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work. Rehabilitation of Ivy Hill Drive, Maple Park Drive and Ridgewood Drive, including milling, bituminous overlay, and appurtenant work. The area proposed to be assessed is every lot, piece, and parcel benefiting from said improvement, whether abutting or not, based on benefits received without regard to cash valuation within the following described areas: Portions of the southeast quarter of Section 13, Township 28, Range 23, Dakota County, Minnesota. Portions of the southeast quarter of Section 24, Township 28, and Range 23, Dakota County, Minnesota. Portions of the southeast quarter of Section 25, Township 28, Range 23, Dakota County, Minnesota. \\Server\shared\Engineering\2005 Projects\05-01Tubheamotice.DQC Specific property descriptions are included in the above described area, but not inclusive, are as follows: Property abutting including: Delaware Hills Glen Toro Bauers Acre Lots Olricksen Addition Breckenridge Estates Grappendorf 1st Addition Ivy Keep Ivy Keep 1I Clapp-Thomssen Ivy Hill Addition Clapp-Thomssen Ivy Hill 2nd Addition Kirchner Addition The Council proposes to proceed under and pursuant to the authority granted by Minnesota State Statutes Chapter 429. The total estimated cost of improvements is $848,400. A reasonable estimate of the impact of the assessment will be available at the hearing. All persons desiring to be heard with reference to the proposed improvements will be heard at this meeting. Written or oral comments will be considered. Dated: March 1, 2005 BY ORDER OF THE CITY COUNCIL Kathleen M. Swanson City Clerk City of Mendota Heights Published in the Southwest Review, March 13, 2005 and March 20, 2005. \\Server\shared\Engineering\2005 Projects\05-01\Pubheamotice.D0C CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA PARKS AND RECREATION COMMISSION March 8, 2005 6:30 p.m. — Council Chambers 1. Call to Order 2. Roll Call �. February 8, 2005 Parks and Recreation Commission Minutes 4. Somerset Elementary School Playground Improvements 5. Eco -Lab Redevelopment Concept Plan 6. Updates • Recreation Programmer's Report • Police Report 7. Other Comments 8. Adjourn Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids. This may not, however, be possible on short notice. Please contact City Administration at (651) 452-1850 with requests. CITY OF MENDOTA HEIGHTS AIRPORT RELATIONS COMMISSION AGENDA March 9, 2005 — Large Conference Room 1. Call to Order - 7:00 p.m. 2. Roll Call 3. Approval of February 9, 2005 Airport Relations Commission Minutes. 4. Unfinished and New Business: a. Introduction of Brian Linnihan b. MSP Corridor Definition C. Airport Noise Plan of Action d. HF 1063 and HF 1064 e. Australian Airnoise Plan f. Updates for Introduction Book 5. Acknowledge Receipt of Various Reports/Correspondence: a. Mayor Huber Town Hall Meeting letter. b. Chad Leqve letter. C. N.O.I.S.E. d. January 2005 ANOM Technical Advisor's Report. e. January 2005 ANOM Eagan/Mendota Heights Departure Corridor Analysis f. Airport Noise Report, February 7, 2005. g. Airport Noise Report, February 14, 2005, h. Airport Noise Report, February 21, 2005. i. Airport Noise Report, February 28, 2005. 6. Other Commissioner Comments or Concerns 7. Public Comments 8. Adiourn Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids. This may not, however, be possible on short notice. Please contact City Administration at (6.51) 4.52-1850 with requests. CITY OF MENDOTA HEIGHTS MEMO March 2, 2005 TO: City Council, Commission Members, and City Administrator FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Planning Commission Agenda Synopsis The Planning Commission will discuss the following items at their Wednesday March 30, 2005 meeting: Planning Case #05-09 Richard Chapman 614 Hidden Creek Trail Wetlands Permit for a Swimming Pool Fence Planning Case #05-10 Kevin Courtney (for John Weikert) 1737 Delaware Avenue Conditional Use Permit and Variances to Modify an Existing Detached Garage Planning Case #03-04 Property Maintenance Ordinance \l CITY OF MEND A EIGHTS MEMO March 2, 2005 TO: City Council, Commission Members, and City Administrator FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Pre -Application Meeting Synopsis Staff met with four potential applicants on Monday, February 28, 2005. Steve Grittman, Sue McDermott and Patrick Hollister were present. Donald Streeter, 879 Mendakota Court Mr. Streeter is a contractor working for the owners of the vacant lot at 879 Mendakota Court. Mr. Streeter showed Staff his clients' plans for a new home. Staff determined that the plans would require a wetlands permit and provided him with the appropriate materials for a Wetlands Permit application. Mr. Streeter plans to apply in time for the April 2005 Planning Commission meeting. Curt Hagen, 1280 Lakeview Avenue Mr. Hagen is considering purchasing the lot at 1280 Lakeview Avenue. The house at 1280 Lakeview Avenue burned down last year, and the remnants of the house are still on the property. Mr. Hagen said that he is currently negotiating with the owner of the property to purchase the house with the structure, remove the structure himself, and build a new home on the lot. Staff reviewed with Mr. Hagen the setbacks and wetland buffer for a new home. Staff also advised Mr. Hagen about the airport noise insulation requirements. Mr. Hagen anticipates that his house plans will require a wetlands permit. Staff provided Mr. Hagen with the appropriate materials for a wetlands permit application. Mr. Hagen intends to apply in time for the April 2005 Planning Commission meeting. Kevin Courtney, 1737 Delaware Avenue Mr. Courtney of Authentic Construction met with Staff on behalf of the owners of 1737 Delaware Avenue. The house has an existing detached two -car garage with upper level storage space. The homeowners wish to finish the upper level and provide heating, and also modify the exterior of the garage. Staff discussed whether or not these changes would require any planning approvals, and determined that the homeowners would need a Conditional Use Permit and one or more variances because they desire to modify an existing non -conforming structure. Mr. Courtney has now applied for a Conditional Use Permit and Variances for the March 2005 Planning Commission meeting. Rick Fretschel, Henry Sibley High School Mr. Fretschel met with the Council last year to discuss whether or not the Council would be willing to amend the Zoning Ordinance to allow a digital display sign at Henry Sibley High School to advertise school events. At that meeting there were only four Council members present for the discussion and it became apparent that the Council was divided on the issue. The Council indicated to Mr. Fretschel that there did not appear to be sufficient support on the Council to amend the ordinance. Mr. Fretschel now would like to return to the Council with a new rendering of a possible sign in hopes that the sign's attractiveness will persuade the Council to amend the ordinance. Mr. Fretschel will appear at a Council meeting soon. NEIGHBORHOOD MEETING PLEASE JOIN US FOR A NEIGHBORHOOD MEETING TO DISCUSS A PROPOSED NEW RESIDENTIAL DEVELOPMENT FOR. THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF WACHTLER ROAD AND HWY 13 IN THE CITY OF MENDOTA HEIGHTS. TUESDAY9 MARCH 8, 2005 6:30 P.M. — 8:00 P.M. MENDAKOTA COUNTRY CLUB LAKESIDE ROOM 2075 Mendakota Drive Mendota Heights, Minnesota HOSTED BY: Opus NORTHWEST, L.L.C. Opus NORTHWEST REPRESENTATIVES WILL, BE AVAILABLE TO ADDRESS AND ANSWER ANY QUESTIONS. PLEASE CONTACT DAVE MENKE OR MICHAEL RAMME AT Opus NORTHWEST 952-656-4565 OR 952-656-4613 IF YOU HAVE ANY QUESTIONS .9 Association of Metropolitan Municipalities Page 1 of 5 AMMNews March 4, 2005 ARCHIVES Clean Water May Cost an Arm and a Legacy AMM is following HF 826 and SF 762, entitled the "Clean Water Legacy Act". The chief authors are Representative Dennis Ozment (R. -Rosemount) and Senator Dennis Frederickson (R -New Ulm). In brief, the purpose of the bills is to raise money in order to comply with federal Clean Water Act mandates. But because neither the federal government nor the state Administration is willing to generate additional revenue through traditional tax channels, the bills initiate a state -mandated pass-through "fee". The fee is to be collected by cities where centralized wastewater collection systems are in place, and by counties for all areas served by septic systems. The proceeds would be forwarded to the state for clean water related programs and activities. For residences the fee is $36 per year. For businesses, the fee is $120, $300, or $600, depending on water use. The fees are expected to generate about $85-$90 million per year. Because the bills were introduced and have been heard in the environment committees, discussion and testimony has focused on program and service design - the science side of the proposal. Discussion of the financing aspects of the bill will be left up to the government operations and finance committees. Count on the discussion to be lively. While the proposed financing plan is problematic, the state and cities can't ignore the federal clean water requirements. Environmental groups around the nation have successfully sued states that weren't in compliance with the law. (There's one suit in Minnesota, filed by the Minnesota Center for Environmental Advocacy, that has delayed the construction of the Annandale -Maple Lake wastewater treatment plant because the plant would add unacceptable nutrients to unpaired waters.) A quick review of MPCA's impaired waters lists suggests that, in spite of efforts to date, the entire Metro Area is in the watershed of several impaired waters including the Mississippi, Minnesota, St. Croix, Crow, Rum and Vermillion, to naive a few. The requirements apply to both point and non -point pollution sources. The effect of the lawsuits, especially if they are successful, is a de -facto development moratorium. For AMM member communities, in addition to the odd financing method and the negative effect that lawsuits could have on your development plans, there are three other issues. 1.The fees don't appear to be equitable between agriculture, businesses and residences, relative to their environmental impact on impaired waters. 2. It isn't certain that the proceeds from the fee will be spent on projects in proportion to where the money was collected. 3. Because environmental issues have a propensity for lawsuits and other forms of public bickering, and because the human and organizational infrastructure is not fiilly in place to implement the programs, it isn't certain that the money will be distributed in a timely manner for clean water related activities and projects. 1-ittp://www.amml45.org/newsletter.htm 3/4/2005 Association of Metropolitan Municipalities The finance and tax committees in both the House and Senate will pay close attention to issues raised by groups like AMM. Our challenge, however, is this: We can't simply oppose the bill. There's too much support from a variety of business, government and environmental groups. And more importantly, failure to address the requirements of the Clean Water Act is a real, clear threat to Metro Area development and redevelopment interests. As a result, we probably need to either identify a better and workable plan, or live with the one that's on the table. In a "no new taxes" environment at both the federal and state level, crafting workable alternatives is not an easy task. AMM staff are working with others to generate a few options. All ideas are welcome. For further information, contact Louie Jambois at 651/215-4001 or louis@amml45.org. Market Value Homestead Credit Reimbursement Update As reported in previous editions of the AMM News, the Governor is proposing to postpone reimbursing cities for the Market Value Homestead Credit program. Of the 103 cities affected by the proposal, 76 are in the Metro Area. Over $17 million of the $19 million total state savings is attributable to the 76 Metro Area cities. Today in Senate Tax Committee, Chairman Larry Pogemiller (D-Mpls), proposed to make the two year postponement a permanent cut. Both AMM and League of Minnesota Cities staff testified against the proposal, but we do not expect the Senate to be compelled by our arguments. AMM, LMC and Municipal Legislative Commission staff are concurrently working with House Research staff to craft a bill that would remove cities as the middleman in this process. For more information contact Louie at Louis@amml45.org or 651-215-4001. Accelerated Transportation Funding Bills Heard Both the House and Senate Transportation Finance Committees have now heard transportation funding proposals sponsored by the Governor, the Minnesota Chamber of Commerce, the Association of Minnesota Counties and The Transportation Alliance. In addition, the Committees have heard from goMinnesota, a grass roots public awareness organization sponsored by the Itasca Project. In the Senate, Transportation Finance Chair Steve Murphy (D -Red Wing) has introduced a bill that is generally consistent with the Transportation Alliance proposal. In the House, Transportation Finance Chair Mary Liz Holberg (R -Lakeville) has not yet introduced her funding bill. Those AMM members who had the opportunity to attend the joint AMM/MICA Transportation Funding meetings know that there are many individual options for accelerated funding including gas tax, bonding, wheelage tax, sales tax, tab fees options. Some options include constitutional amendments, while others don't. With so many options on the table, the legislature has the latitude to craft a significant accelerated funding package this year. Regardless of the preferred option, testimony has been consistent and passionate, all in favor of legislative action. AMM will continue to provide updates as the session progresses. Contact Roger for information at Roger@amml45.org or 651-215-4002. Page 2 of 5 http://www.anlml45.org/newsletter.htm 3/4/2005 Association of Metropolitan Municipalities Eminent Domain is Being Condemned Last year the Minnesota Automobile Dealers Association sponsored a bill that would seriously inhibit city's ability to acquire property for economic development through eminent domain. While the bill failed, most eminent domain watchers expected some form of last year's bill to be introduced again this year. AMM has been informed that the bill will likely be introduced this Monday. In the meantime, a consortium of municipal interests groups, lead by LMC, has been working on an alternative to the Auto Dealers' bill. The consortium bill would tighten up some of the public process activities associated with eminent domain, but would not restrict the public purpose components of the existing statute. Look for the debate to start next week. Future AMM News editions will provide updates. For additional info contact Louie at Louis@amm145.org or 651-215-4001. A Bonding Breakthrough? Both the House and Senate have passed their respective bonding bills and have begun the conference committee process. The Senate bill is over $1 billion, while the House bill exceeds $800 million. The bill includes money for local road and bridge projects, redevelopment funds, bioscience infrastructure funds, wastewater treatment funds and many other important appropriations. Senate staff indicated that the differences between the two versions were reconcilable and expressed confidence that a final bill would be conferred quickly. If that happens, there are two important points. First, it's likely to be the biggest bonding bill in this (albeit short) century. And second, it signals real, definitive cooperation between the House, Senate and the Administration. Further description of the bonding proposals can be found on the AMM bill tracker. Conference Opportunity FiberFirst Minnesota and several other organizations are sponsoring a conference on March 30th at the Four Points Sheraton Hotel/I-94 and Hamline Avenue in St. Paul. The conference is devoted to exploring the extension of fiber optics to individual homes. This issue, of course, has permitting and right-of-way implications for AMM members. For further information on the conference, contact FiberFirst Minnesota at 612/559-0314 or www.fiberfirstminnesota.org. Livable Communities Act Program Criteria Review Update The Metropolitan Council is currently evaluating criteria for the three programs funded under the Livable Communities Act: Livable Communities Demonstration Account (LCDA), Tax Base Revitalization Account (TBRA), and Local Housing Incentives Account (LHIC) in preparation to adoption of the 2005 Annual Livable Communities Fund Distribution Plan. This plan will establish the amount of funding that will be available for grant awards from each of the LCA Fund accounts during 2005, set the calendar for the grant making process, and set for the criteria upon which grant awards for each account will be based. Page 3 of 5 http://www.amml45.org/newsletter.htm 3/4/2005 Association of Metropolitan Municipalities We are keeping a close eye on these deliberations and think- it is important to let you know about the issues, timing and process so that you can share your thoughts with your Council Member. Following is a summary of program under discussion for each of the three programs: LCDA: A working group has been established to work- on the criteria for the LCDA. It is comprised of Peter Bell, Ruth Grendahl, Tony Pistilli, Song Lo Fawcett, Natalie Steffen and Chris Georgacas, Chair. The working group is currently scheduled to conclude their work by March 7, although they have left open the possibility of a meeting on March 16, with the goal of presenting their recommendations to the Community Development Committee on March 21. Following are the areas that are being evaluated. . 30 percent target -how much and should there be a set aside within the program. . Large versus small cities -do large cities have a competitive advantage? . Whether there is a need for a "but for" test -not currently required -and how rigorous should it be? . Status of previous grants as a factor -should history be a factor? . Limiting applications per jurisdiction -should communities be required to prioritize applications? . Limiting funding per grant -is this desirable or efficient? . Continuation of "opportunity grants" -these small grants intended to help communities get to point where development is imminent. The working group is making progress, with staff. So far, the conversations have leaned toward realistic and practical approaches to these issues. TBRA: One of the goals of the TBRA is to "promote compact and efficient development." Staff recommends that one of the tools for assigning points in the granting process be adjusted in order to accommodate the 2002 legislative change adding affordable housing to job creation as one of the goals of the program. Currently, staff looks at the ratio of new full-time jobs to number of acres developed, which doesn't take into account a housing end use. The proposed ratio would be total square feet of usable space to square feet of net area of the site. This proposed change would not alter current points awarded in that category. Staff recommends that the criteria for the program also be changed in order to accommodate the broadening of purpose referenced above. The first criteria option would be t o maintain the status quo. The second option is the staff recommendation (current DEED policy for the Contamination Cleanup Grant Program). The final option is a more dramatic departure from current policy but would put housing production on equal footing with job creation in terms of points garnered in the granting process: Page 4 of 5 http://www.anlml45.org/newsletter.hti-n 3/4/2005 Association of Metropolitan Municipalities 1. Retain existing criteria with an emphasis on return in public benefit for public costs incurred, living wage jobs and increase in tax base. 2. Make the eligibility for proposals that are predominantly residential in nature dependent upon the inclusion of an affordable component on the site or committed or contributed to occur elsewhere in the city. 3. Change the criteria to allow the production of affordable housing to rank equally to the preservation or growth of living wage jobs. LHIA: Staff recommends giving further funding priority to proposals serving households at 30 percent of median income, if those proposals will serve the chronically homeless. Page 5 of 5 AMM _News is sent periodically to all AMM city managers and administrators. The information is intended to be shared with mayors, council and staff in order to keep officials abreast of important metro city issues. © Copyright 2005 AMM 145 University Avenue West St. Paul, MN 55103-2044 Telephone: 651-215-4000 Fax: 651-281-1299 mailto:amm@Amro 145.org http://www.amml45.org/newsletter.htm 3/4/2005 Feb 25 2005 10:25:32 Via Fax _> 6514520940 Administrator L Mc 0 -Frid ta.IFax- Y -4 weekly legislative update from the League of Minnesota Cities Property tax freeze update The property tax freeze proposals introduced earlier this session in both the House and Senate have not disappeared. The Senate bill, SF 318, authored by Sen. Larry Pogemiller (DFL, Minneapolis), was considered in several hearings earlier this month but the committee never voted on the b11 The House companion bill, HF 785, introduced by Rep. Phil Krinkie (R -Shoreview), has not yet been scheduled for a hearing.. Although no votes have been taken, we remain concerned that the proposal could gain momentum as the session progresses. As a result, the League has been working with a group of local government stakeholder organizations in order to prevent the property tax freeze proposal from gaining traction. The group includes representatives of cities, counties, school districts and townships. In conjunction with that group's efforts, Plymouth Mayor and League of Minnesota Cities President Judy Johnson, St. Cloud Mayor and Coalition of Greater Minnesota Cities President John Ellenbecker along with Dakota County Commissioner and Metropolitan Inter -County Association (MICA) Board Member Joe Harris and Rocorl School District Board member and President of Schools for Equity in Education (SEE) Lynn Schurman met with Sen. Majority Leader Dean Johnson (DFL -Willmar) and later with Sen. Larry Pogemiller to discuss the implications of the proposed property tax freeze legislation introduced by Sen.. Pogemiller. The Senate meetings provided an opportunity for local officials to air their concerns about the potential impacts of a property tax freeze on local services and local control. The local elected officials each urged the senators to reject the property tax freeze proposal and allow locally - elected city, county and school officials to Page 001 of 005 February 25, 2005 Page 1 address local tax and spending priorities. Sen. Pogemiller stressed his intent of highlighting the recent trend in state policy to shift more local government'funding to the local property tax and his desird to discuss this trend in the legislative arena. From the conversation with Sen. Pogemiller, it is clear that the property tax freeze is far from dead for the session. The same group of local officials are scheduling meetings with House leadership to discuss the problems with a property tax freeze. 'Mese meetings will be conducted in the next several weeks. We will report on those meetings in an upcoming edition of the FnidayFax. Questions? Contact Gary Carlson at 651.281.1255 or gccqz'iSt?n&!=_ School reform bill would shift sports and arts activities to local government Rep. Mark Buesgens (R -Jordan) introduced a bill last week that would transfer noncurricular youth athletic and fine arts activities from school districts to local governments. The bill, HF 1090, would prohibit school boards from authorizing ­noncurricular7' activities and from spending any general fund revenue on these activities. Instead, local governments would be authorized to provide athletic and fine arts activities for high school age residents and to levy a tax to pay for these services. The bill would also modify the structure and authority of the Minnesota State High School League (MSHSL). Under this proposal, the league could sponsor athletic and fine arts contests, and local governments could charge fees to cover the costs of providing these league - supervised activities. Local governments would also have the authority to enter into lease For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovemmental Relations team. 6.51,281 1200 or 800.925 . 1122 Feb 25 2005 1,0:26:17 Via Fax _> 6514520940 Administrator Page 002 of RRS Lmc -Freda YF"a-Y%(- A weekly legislative update from the League ofMinnesota Cities February 25, 2005 Page 2 agreements to use school facilities for these types 340A-601-604, the statutes dealing with of events. municipal liquor stores. Neither of these bills has a companion at this point. The bill requires the MSHSL, the League of Minnesota Cities and the Minnesota Association of Townships to develop a process for resolving the details involving the structure of interregional conferences, the formation of joint powers agreements, and the transfer of personal property between school districts and local governments for the purpose of providing these activities. This proposal marks a major shift in the delivery of youth sports and arts activities. Rep. Buesgens is advancing this reform to enable school districts to focus their resources on academics. A hearing on this bill is scheduled for next Thursday, March Yd at 8:15 a.m. in the House Education Policy and Reform Committee, chaired by Rep. Buesgens. The League of Minnesota Cities would appreciate feedback from local officials on this school reform proposal. To review this bill in its entirety, visit the legislature's web site at: F, state - mr.l. I I s. Please send your comments, as soon as possible, to Laura Offerdahl (651.281.1260, jqfle..iciakL K or Anne Finn (651.281.1263, Push to eliminate municipal liquor stores This week bills were introduced that could spell the end of municipal liquor stores. SF 1131 (Ourada, R -Buffalo) would prohibit a city from opening any new stores after June 30, 2005. The bill would apply to cities currently operating stores, as well as those not currently operating a store. HF 1158 (Buesgens, R -Jordon) goes a step further by requiring cities with municipal stores to sell off their store by 1/1/06. The bill repeals There was similar legislation discussed in 2003 that would have required cities to divest of ANY enterprise type activities. The hearing occurred in the House Local Government Committee where it was laid over and never acted upon. However, out of those discussions the state auditor did take up a study of city enterprise operations which was completed for the 2004 session. Questions? Contact Jennifer O'Rourke at 651.281.1261 orjorourke@lmnc.org State auditor recommends sanctions against cities that use administrative fines for traffic violations In a letter to Department of Public Safety (DPS) Commissioner Michael Campion, State Auditor Patricia Anderson raised a concern that some cities continue to use administrative fines for traffic offenses in spite of legal questions surrounding their authority to do so. The letter, dated February 24, 2005, reiterates the auditor's well-known position that the practice is not permissible, and calls for efforts "...to resolve this growing legal non-compliance issue." The document provides the following policy options the state could implement to discourage cities from using administrative fines for traffic violations: Amend the law so local units of government using administrative traffic tickets forfeit their fine, penalty and fee splits from other prosecutions of statutes or ordinances-, Deny public safety grants to local units of government using local traffic tickets; 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 Feb 25 2005 1026:59 Via Fax _> 6514520940 Administrator Page 003 Of 005 eda v L -M --C Citi -P.,. -,u ty A weekly legislative update from the League ofMinnesota Cities February 25, 2005 Page 3 • Seek mandamus or declaratory judgment authority to use administrative fines for some actions to compel compliance with existing speeding violations. law-, or • Deny highway state -aid to local units of government using administrative traffic tickets. The letter takes specific aim at the League of Minnesota Cities (LMC) policy language on the issue. Anderson states that she is "deeply concerned" about the League's position, Her letter characterizes the LMC's policy as follows: [D]uring the 2005 session, the LMC appears to be taking the position that the state needs to enact legislation prohibiting cities from using administrative fines for minor traffic offenses ----and if such legislation is enacted, the State should share fine revenues with cities, according to the LIVIC. The LMC's current position ignores that the State has plainly pre-empted cities in the area of traffic enforcement, and encourages cities to adopt administrative traffic ticket procedures. Her criticism appears to be a reaction to a provision in the League's SD -24 (Administrative Fines) policy language that states: If state leaders enact legislation that prohibits cities from using administrative fines for minor traffic offenses, they should also change the distribution of statutory violation fine revenues so cities are adequately compensated for enforcement and prosecution costs. In fact, the League has continued to urge cities to use caution in this gray legal area. The LMC has also refrained from initiating any legislation that would change the current law. The only bills that have been introduced on the topic in 2005 (HF 592: Samuelson, R -New Brighton and SF 1951: Koening, R -Fort Ripley) were introduced independently and would give cities explicit The letter, which was copied to twelve legislators and the commissioner of the Department of Finance, does not indicate whether the auditor will seek legislative action on the issue. The letter to Car ml*ssloner Campion is available on the state auditor's website: To view the League's legislative policy on administrative fines, see policy SD-241nthe 2005lative, ,,LgL__ q is.policies document. Questions? ContactAnne Finn at 651.281.1263 orafznn@lmnc.org Proposed cuts to challenge grant program will harm workforce housing development The Governor's budget would cut the Economic Development and Housing Challenge Fund Program by 60 percent ($13 million). The program, which is widely used by cities, is administered by the Minnesota Housing Finance Agency (MHFA). The program provides funding for construction and rehabilitation of workforce housing and is often cited as one of the most important state housing programs to assist communities when local employers plan on increasing jobs, but there is a lack of available single-family and rental housing. In the last round of state budget cuts, the Challenge program bore the brunt of reductions to the MHFA budget, when the program was cut by more than $4 million (18 percent) for the 2004-05 biennium. Historically, the program has maximized resources statewide because it requires leveraging 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 Feb 25 2005 10:27:41 Via Fax -> 6514528940 Administrator -Frida Fax - Y A weekly legislative update from the League ofMinnesota Cities outside funding and has been an important housing resource in Greater Minnesota. Between 2000 and 2004, 40 percent of the $74.8 million expended through Challenge Fund programs on both single-family and multi -housing development went to build or rehab housing in Greater Minnesota. Approximately half as many workforce housing projects will be assisted in the next biennium -- about 900 multi -family units alone. Statewide, the annual median household income of a family benefiting from the program is just under $30,000, less than 50 percent of median statewide income. For more information about cuts to the Challenge Grant program or to become involved in opposing the cuts, contact Terry Van Den Hoek at (651.) 649-1710 ext. 120 or tvandei-dzoek@mhponline.org or go to www.HousingMinnesota.org/policy. Ouestions? ContactAnn Higgins at 6.51.281.1257 or radaiy Li - ei,47 i . or Clean Water Legacy Act on the move The bill known as the Clean Water Legacy Act (IIF;g26: Ozment, R -Rosemount/ -SF 762: Frederickson, R -New Ulm) --a bill that may become the state's plan to comply with federal regulations dealing with impaired waters --was heard in key House and Senate committees this week., On Monday, the Senate Environment and Natural Resources Committee discussed SF 762. 'Ihe bill was amended and laid over for further consideration. The committee plans to continue the discussion when it convenes next Monday, February 28 at 12:00 noon in room 107 of the Capitol. On Thursday, the House Environment and Natural Resources Committee recommended Paye 004 Of O05 February 25, 2005 Page 4 passage of the House companion, HF 826. The next stop for the measure will be the Government Operations and Veterans Affairs Committee, where the bill is scheduled for a hearing on Tuesday, March 1, at 10:15 a.m. in room 5 of the State Office Building. Questions? Contact Craig Johnson at 651.281.12.59 or cjohnson@lmnc.org Committee meetings Monday, February 28, 2005 House Local Government Conunittee Chair: Representative Mark Olson 12:30 p.m., Room 10 State Office Building Bill(s) Added Agenda: HF 0982 (Tingelstad) Housing improvement area establishment sunset extended and reports required. HF 0994 (Lanning) Compensation limit for political subdivision employees modified. HF 0995 (.Erhardt) Local government employee compensation limit repealed. HF 1044 (Garofalo) Metropolitan Council required to carry out water supply planning activities, advisory committee established, and housing bond credit enhancement program abolished Monday, February 28 Senate Environment and Natural Resources Committee Chair: Sen. John lidarty 12 noon, Room 107 Capitol Agenda: SF 762 (Frederickson): Clean Water Legacy Act Tuesday, March 1 House Governmental operations and Veterans Affairs Conunittee Chair: Rep. Kathy Tingelstad 10:15 a.m., Room 5 State office Building For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovemmental Relations team. 651.281.1200 or 800.925.1122 Feb 25 ZHHS 1B:2B:22 Via Fax _> 65145ZB94H Administrator LM -C " 7 Frida YFaY- W7 A weekly legislative update from the League ofMinnesota Cities Agenda.- HF 826 (Ozment) Clean Water Legacy Act established providing authority, direction, and funding to achieve and maintain water quality standards for surface waters in accordance with the federal Clean Water Act, and money appropriated. Tuesday March 1 Senate Tax Committee Chair: Sen. Pogemiller 9-00 a.m., Room 15 Capitol Agenda: SF 971 (Pogemiller): Public Finance bill. Forecast briefing from Commissioner of Finance. Tuesday March 1 Judiciary Committee Chair: Sen. Don Betzold 12 noon, Room 112 Capitol Agenda: SF 423 (Rosen): Methamphetamine provisions. SF 901 (Skoglund).- Providing for the establishment of civil nuisances involving methamphetamine manufacture and providing for a citizen tip line. Wednesday, March 2, 2005 Public Safety Policy and Finance Committee Chair: Rep. Steve Smith 10:15 a.m., Basement State Office Building Agenda: HF 572 (Johnson, J.) Methamphetamine Enforcement Act. HF 89 (0patz); HF 364 (Lesch), HF 90 (S. Johnson) All bills regulating meth precursor substances sales Wednesday, March 2 February 25, 2005 Page 5 Make your city's voice heard at the Capitol—State of the Cities Legislative Conference set for March 31 The State of the Cities Legislative Conference is set for March 31, 2005 and will be held at the Four Points Sheraton, St. Paul. This conference is followed by the City Day at the Capitol—the perfect chance to meet with your legislators and tell your city's story. At this conference, you'll: • Learn about key legislative initiatives and issues facing cities this session, 'including transportation, land use and water quality. * Hear about the 2005 State of the Cities Report • Learn how Minnesota cities are coping with fiscal pressures and how our cities compare to other states. • Find out about the Financing Local Government Task, Force recommendations. * Hear from legislative leaders. • Network with other city officials and learn how to foster closer state -local partnerships. • Stay on for the networking social hour from 4 to 6 p.m. at the Kelly Inn, Sweetwater Bar and &III. House Local Government Committee Registration Fee: S 75 person Chair: Rep, Mark Olson 1230 p.m., Room 10 State office Building Questions? Contact Cathy Dovidio at (651) 281 Agenda: HF 1172 (Olson) Local government 1250 or (800) 925-1122, or e-mail: state mandate opt -out provided. cdovldlo@lnmc.org. Register online anytime at: www.lmnc.org Far more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovenunental Relations team. 651.281,1200 or 800.925.1122