White Bear Press

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WEDNESDAY, FEBRUARY 22, 2017

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VOL. 121 NO. 19 www.presspubs.com $1.00

GUILLIAN-BARRÉ SYNDROME: Recovery slow for former mayor PAGE 2A

New HyVee: Traffic woes in eye of beholder BY DEBRA NEUTKENS EDITOR

WHITE BEAR LAKE — A county traffic engineer agrees a stoplight is needed as part of the HyVee development on Centerville Road, but the city and township will have to figure out how to pay for it. In a letter to Community Development Director Anne Kane Feb. 9, traffic expert Erin Laberee claimed the county does not have funds for a signal. She also provided a layout showing the required improvements of the road, which is county owned,

stretching from Highway 96 to the intersection of Cub Foods’ northern driveway and the main entrance into HyVee on the east side. Concerns were raised in flurries of emails to Kane regarding the traffic anticipated with the 2018 opening of the new 70,000-square-foot HyVee. Included among the engineer’s comments: • A northbound auxiliary lane will provide a right turn lane into HyVee at the new signal. The road will need to be widened. SEE TRAFFIC, PAGE 8A

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The county design includes a modied median, versus a full median, between Hwy. 96 north to the new traffic light. It will restrict northbound left turn lanes into Meadowlands Drive and limit all access points on the east side of Centerville Road to right in/right out between Hwy. 96 and the new signal.

DNR in more hot water over lake issue BY DEBRA NEUTKENS EDITOR

PAUL DOLS | PRESS PUBLICATIONS

Midwinter meltdown Ian Jorissen skims across a puddle of water while swinging on playground equipment at Podvin Park in White Bear Lake Friday, Feb. 17. He and other Lincoln Elementary School students were participating in an outdoor exercise session that — before the record breaking warm temperature — was originally scheduled to include winter activities like skiing and snowshoeing.

WHITE BEAR LAKE — Now it’s the White Bear Lake Conservation District’s (WBLCD) turn to take the Department of Natural Resources (DNR) to court. In a petition filed Feb. 15, Alan Kantrud, attorney for the WBLCD, is appealing both the DNR order establishing a protective elevation without proper notice and the agency’s decision to deny the district’s request for a hearing. The filing follows a letter sent by DNR general counsel Sherry Enzler to Kantrud late last month that said the agency will not grant a public hearing request by the WBLCD over the protective lake elevation order. That Dec. 21 order by Assistant Commissioner Barb Naramore set the protective elevation of White Bear Lake at 922 feet. The WBLCD board feels the elevation is too low and asked for a public hearing to challenge the order, noting the DNR did not provide opportunity for public or private input from stakeholders.

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The WBLCD board is appealing the DNR’s actions using a legal term called writ of certiorari, which entails a review by an appellate court. In the petitioner’s statement, Kantrud raised issues such as was the Dec. 21 order made upon unlawful procedure? Was the order arbitrary and capricious, unsupported by substantial evidence or affected by other error of law? And did the DNR’s denial of a request for a hearing deny the petitioner due process? The DNR has 30 days to submit an itemized statement “of the record, exhibits and proceedings” to the court so it may review the decision. Kantrud explained in the petition that the conservation district has the power to “regulate, maintain and police public beaches, public docks and other public facilities for access to the lake within the territory of the municipalities that border White Bear Lake.” Those five municipalities are represented on the board of directors. In addition, he noted the SEE APPEAL, PAGE 8A

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