HomeMy WebLinkAbout2002-05-22 CC Packet
COUNCIL MEETING
L
WEDNESDAY, MAY 22,2002
-f 6:30 P.M.
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1.
RoBC
H. SET AGENDA
HL PUBLIC HE' (S)' J!1. ~i
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\vT~ O1~ntrol "'51 ~J\I.{~
\I '"' 2J rdin~~e #51- Charitable Gambling ':lftf'~ (.. . If'."'"
IV. APP ARANCES/AWARDS '
vi Senator Ms. Jane Krentz ~' , , r
t.f. 'Mr. Marcel Eibensteiper, Royal Oaks Letter [~ ~".,...........
, U')(.t.u~) Co,e,~"''''''' .
CONSIDERATION OF MINUTES . "" /~
1. May 8,2002 Conncil Meeting Minutes lh~
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VI. PETITIONS AND 'COMPLAINTS ~ 000
VIL OLD BUSINESS IJJtl~ ~ ~ ~ ,/jJltiJ,b '6,c
# . ~ (J~' ~.:i"(!> C.>1lr"-'''...t~:o-
1Y.". Computer Upgrades (KIm) ./VI.IAL<'" -I' ~
~ V Overweight Permit Request - Carl Buechler - ~
iY." ExemptINon-Exempt Status - Public Works DirectorlBuilding Inspector ~
, Position (Kim) d....dj~o. <;'0 . j , ,
~'/ PheasantMarsh~2 'Ii ~t tPlans om .) /"""7r )
.:t i:2S~~;~i~o~:';\i4J~-OI5 -C9\t-I- Jif {3rd ~I/e.. p~ ~ I
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VIH. NEW BUSINESS
v.
'yL North Metro Telecommunications Commission Update (AT & T
Broadband)
~ Mound Trail (Street Update) , ~ '
'v: I Joint Meeting with Lino Lakes Council (Centenille VI. Lino) Wt. ~ /%--'5~'
"'IY Request for YeBow Painted Areas of No Parking on Westview Street
IX.
CONSENT AGENDA
1. City ofCenterville May 8, 2002 through May 22, ~
2. Centennial Fite District Expenditures '
3. Successful Performance Review - Public Works DirectorlBuildiug OMcial
Grade 9, Step 8 and Recommended Increase to Grade 9, Step 9
~
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X. COMMITTEE REPORTS
XI. ADMINISTRATOR'S REPORT
.~ Deferred Compo Report - Abdo, Abdo, Eick & Meyer (Update)
~./ Employment Personnel Policy (Update)'
~ _ New Agenda Fonnat
~ Constru~tion Update, (Lloyd Drilling ~ CenterVilla) . '1 ~ "I
_ .J .. k".t!. 1 I _ ~._~ ~ h. ~ J" ~I .5 ~.
XII. EXECUTIVE SESSION - PmfLIC WbRKS DIRECTORIBUILDING OFFICAL
XDL AIDOllRNMFJ<T ~ ~
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STAlE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #24
AN ORDINANCE PRESCRIBING REGULATIONS FOR CONFINEMENT, UCENSING .
AND CARE RELATING TO ANIMAL CONTROL; AND REPEALING ORDINANCE NO.
24-A and NO. 24-B RELATING TO TIIE SAME SUBJECT.
The City Council of the City ofCenterville ordains:
24.01 Definitions. As used in this Ordinance, unless the context otherwise indicates, the fullowing
words shaD be defined to mean:
Subd. 1 AnimaL "Animal" shaD mean any mammal, reptile, amplnOian, fish, arachnid, birds
(including all fuwl and poultry) or other member commonly accepted as a part of the animalkingdom.
Animal~ shall be classified as fullows;
A. Domestic. "Domestic AninvM' shall mean those animals commonly accepted as domesticated
household pets. Unless otherwise defined, such animal. shaD include dogs, cats, caged birds, gerbils,
hamsters, guinea pigs, white mice and rats, furrets, domesticated rabbits, fish, non-poisonous, non-
venomous and non-constricting reptiles or amplnbians, and other similar animal..
B. Non-Domestic. "Non-Domestic AnimaJ~" shaD mean those anitrull. commonly considered to be
naturally wild and not naturally trained or domesticated, or which are commonly considered to be
inherently dangerous to the health, safety, and welfare of people. Animal~ normally kept outside of
the home for the purpose of fuod or pleasure, naming; wild dogs, wild cats, cattle, sheep, horses,
bees, goats, birds such as fowl, falcons, and similar animals, are included in addition to those defined:
(1) Any member of the large cat fumily (fumily felidae) including lions, tigers,
cougars, bobcats, leopards and jagnars, but excluding commonly accepted
domesticated house cats.
(2) Any naturally wild member of the canine 1iunily (fumily canidae) including
wolves, fuxes, coyotes, dingoes, and jackals, but excluding commonly
accepted domesticated dogs.
(3) Any crossbreeds such as the crossbreed between a wolf and a dog, unless
the crossbreed is commonly accepted as a domesticated house pet.
(4) Any member or relative of the rodent fumily including any skunk (whether
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or not descented), raccoon, or squirrel, but excluding those members
otherwise defined or commonly accepted as domesticated pets.
(5) Any poisonous, venomous, constricting, or inherently dangerous member
of the reptile or ampln'bian fiunilies including rattlesnakes, boa constrictors, pit
vipers, crocodiles and alligators.
(6) Any other animAl which is not explicitly listed above but which can be
reasonably defined by the terms of this subpart, including but not limited to
bears, deer, monkeys and game fish.
C. Farm. "Fannan;mal~" shall mean those animals commonly associated with a fium or performing
work in an agricultural setting. Unless otherwise defined, such an;mal~ shall include members of the
equestrian fiunily (horses and mules), bovine fiuniIy (cows and bulls), sheep, poultry (chickens and
turkeys), fowl (ducks and geese), swine (including Vietnamese pot-bellied pigs), goats, bees, and
other anima I~ associated with a fium, ranch, or stable.
Subd.2 Cat. "Cat" shall be intended to mean both the male and temale of the felidae species
commonly accepted as domesticated household pets.
Subd.3 Dog. "Dog" shall be intended to mean both the male and female of the canine species,
commonly accepted as domesticated household pets.
Subel. 4 At Large. "At Large" shall be intended to mean off the premises of the owner and not
under the custody and control of the owner or other person, ( an individual capable of controlling
the animal as needed) either by leash, cord, chain, or otherwise restrained or confined.
Subd. 5 Dangerous AnimaL A Dangerous Animal shall be defined as any animal, which meets
the definition of dangerous dog set forth in Minnesota Statute Section 347.50, and or any
successor Statute.
Subd. 6 PotentialJy Dangerous. A Potentially Dangerous shall mean any animAl, which meets
the definition of potentially dangerous dog set forth in Minnesota Statue Section 347.50, and or
any successor statute.
Snbd. 7 Enclosure. Any structure, except a dwelling, designed to securely enclose and prevent
an animal from escaping there from, and/or designed to provide the animal with sheher and
protection from the weather.
Subd. 8 Kennel- CommereiaL Any structure or premises on which five (5) or more domestic
an;mal~ over six (6) months of age are kept, owned, boarded, groomed, sheltered, protected, bred, or
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offered fur sale or any other merchAndi~itJg. Every commercial kennel shall be enclosed or fenced in
such a manner as to prevent the running at large or escape of the domestic AmmAJ(s) confined therein.
Subd. 9 Owner. Any person, firm, corporation, organization, or department, possessing, fueding,
harboring, keeping, having an interest in, or having temporary or permanent custody or control of the
animal.
Subd. 10 Animal Control Officer. A person employed by or under contract with the City or a
licensed peace officer who is responsible for Animal control enfurcement.
24.02 Restrictions.
Subd. 1 Running at Large Prohibited. It shall be unlawful for the domestic AnimAl of any person
who owns, harbors, or keeps a domestic An1mAI to run at large. Dogs or cats must be on a leash
accompanied by an individual capable of controlling the animal as needed. Subject to the above
restrictions, dogs and cats shall be permitted in streets or on public land unless the City has posted an
area with signs reading "Dogs or Cats Prolubited."
Subd. 2 License Required.
(1) All dogs, cats and ferrets over the age of six months kept, harbored, or
maintained by their owners in the City, shall be licensed and registered with
the City. Licenses shall be issued by City Staffupon payment of the license
fee. The license fee will be established by Council resolution or separate
Ordinance. Such license shall be renewed every two years fur the Iifu of the
AnimAl provided that the owner shows proof every two years that the animal
has shots within that period and provided the address of the owner fP.mAin~
the same. The owner shall state, at the time application is made for the license
and upon furms provided for such purpose, his or her name and address and
the name, breed, color, and sex of each animal owned or kept by him or her.
No license shall be granted for an animal which has not been vaccinated
against distemper and rabies, as provided in this Ordinance. Vaccination shall
be performed only by a doctor qualified to practice veterinary medicine in the
state in which animal is vaccinated. A veterinarian who vaccinates ail animal
to be licensed in the City shall complete a certificate of vaccination. One copy
shall be issued to the animal owner fur affixing to the license application.
(2) Upon payment of the license fee, City Staff shall issue to the owner a
licllnse certificate and metallic tag fur each animal licensed. The tag shall have
stamped on it the year fur which it is issued and the number corresponding
with the number on the certificate. Every owner shall be required to provide
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each animal with a collar to which the license tag must be affixed, and shall
see that the collar and tag are worn. In case an animal tag is lost or destroyed,
a duplicate sbalI be issued by the City. A charge shall be made for each
duplicate tag. Animal tags sbalI not be transferable from one an;"",) to
another and no refunds sbalI be made on any animal license :fee or tag because
of death of an animal or the owner's leaving the City before the expiration of
the license period.
(3) The licensing provisions of this Subdivision sbaIl not apply to ani"",]g
whose owners are non-residents temporarily within the City, nor to ani"",].
brought into the City fur the purpose of participating in any animal show, nor
shall this provision apply to animals specifically trained fur and actually
providing assistance to the physica1ly challenged.
(4) Address Change. An applicant who has obtained a license shall notifY the
City of applicants address change within corporate limits of the City within
thirty (30) days of any address change.
(5) Counterfeit Tags. No person shall counterfuit, attempt to counterfeit, or
attach any counterfeit tag to any dog, cat and ferret in the City.
Subd. 3 Pigeons. No person sbaIl keep four (4) or more pigeons on a premises, without first
obtaining a license as provided in this Section, and no person shall keep or harbor pigeons except in
compliance with this Section.
(1) As used in this Section the term pigeon includes any and all varieties of
pigeons. The term loft includes any and all quarters in which pigeons are
housed.
(2) Application fur a license to keep pigeons shall be made to City Staff on
such furms as the City Staff may provide. The application sbalI be
investigated by the admin;~tive staff of the City to determine compliance
with the Ordinance of the City and sball then be refurred to the City Council
which sball have the discretion to grant or deny the license. The Council sball
conduct a public hearing if needed. In making such determination, the
Council shall take into consideration, among other things, the fullowing: the
adequacy of the housing fur the pigeons; the methods to be used fur AA11itarion
and to maintain quiet; and, any violations during the previous license period, if
applicable. The Council may also impose such conditions as it deems
necessary and appropriate to carry out the intent of this ordinance.
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(3) In lJ<lditiou to such infonnation required by the City, the application shall
also include the following infurmation: a site plan showing the location and
size of the premises and the location, size and type of all structures for the
housing of pigeons, said structurelloft will comply with City zoning
requirements, the maximum number of pigeons to be kept on the premises at
one time, and an agreement by the applicant that the premises may be
inspected by the City at all reasonable times so as to assure compliance with
the following:
A. All premises on which pigeons are kept or mAiTttl.ined shall be kept
reasonably clean from filth, garbage, and any substances which attract
rodents. The 10ft and its surrolmding.~ must be cleaned at least
weekly.
B. The loft must be constructed and maintained so as to be rodent-
proof.
C. All pigeons shall be red within the confines of the 10ft on the
premises on which the pigeons are housed. The pigeons shall be
confined to the 10ft except when they are released for exercise,
performance, training, or to return from areas outside the corporate
limits of the City of Centerville for the purpose of engaging in a race
or retmning from training flights.
D. All grains and food stored for the use of the pigeons on a licensed
premises shall be kept in a rodent free container.
E. Pigeons shall not be kept in such a manner as to constitute a
nuisance to the occupants of adjacent property.
24.03 Rabies Control
Subel. 1 The Minnesota health Jaws and regulations are hereby adopted in cases of animA)~ which
have bitten persons and the an;ma) is rabid or is suspected ofbeing rabid.
Subel. 2 It shall be the duty of the owner of any Ani"",) to i"""""'illtely, but in all cases no IaJer than
twenty-four (24) hours, report to the Police Department all bites inflicted by the owners Ani"",) to
any person. The owner of such animAl shall also be required to provide the police written proof of
vaccination and pertinent infunnation when warranted or requested by the Police Department.
Subel. 3 The Police are hereby authorized to take into possession any An;mal suspected of having
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rabies fonowing a bite inflicted to any person.
Subd. 4 MtI7.'T.ling. Whenever the prevalence ofrabies renders such action necessary to protect the
public health and safety, the Police Department/City Council shall issue a proclamation ordering
evety person owning or keeping a dog, cat or ferret to confine it securely on its premises unless it is
tml'7.7lP.d so that it cannot bite. No person shall violate such procJamation, and any domestic animal
rnnning at large during the time fixed in the procJamation may be destroyed by the police without
notice to the owner.
Subd. 5 Whenever an animal bas bitten a person or ~never a suspected or known rabid is picked
up by an animal control officer or police officer, such animal may be confined for a minitmlln period
often (10) days as follows:
(1) Upon proof of current rabies vaccination, the animal control officer or
policeman may authorize the confinement of the animal at the owners place
of residence, provided that the animal shall not be permitted to come in
contact with other animal~ or persons, and provided further that the animal
be muzzled and on a leash not exceeding six (6) feet when removed from the
place of confinement.
(2) If no proof of current vaccination is provided, or if the animal control
officer or police do not consent to con1inement at the oWnerS place of
residence, the anirmll shall be confined at the animal control fucility for the
entire ten (10) day period at the owners expense.
(3) An animal under confinement may not be removed from such
confinement prior to the expiration of ten day period without written
permission of the animal control officer or the Chief of Police.
(4) The owner ofany animal confined at the owners residence shall, at an
times, permit the inspection of such animal during the confinement period
upon oral request of animal control officers or the police. The owner shall
further be re8p01lS1Dle fur immediately reporting any change in the animal"
hea.Ith or behavior to the appropriate animal control officer during the
confinement period.
(5) A quarantined animal shall be confined to an enclosure in such a matter
so as to prevent the animal from escaping. All openings to the enclosure
shall be locked with a secure locking device, and the animal shall not be
removed from the enclosure unless muzzled and on a leash not exceeding six
(6) feet in length, and under the control of a competent person.
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(6) An animal control officer and/or police officer may enter upon the
private property of another for the purpose of removing such quarantined
animal to an animal shelter when it has been detennined that such
quarantined Animal bas not been T11llintained by the owner in a manner
consistent with the provisions of this Section.
24. 04 Non-Domestic Animals. It shall be illegal for any person to own, possess, harbor, or offer
for sale, any non-domestic Animal within the City limits. An exception shall be made to this
prohibition for animAl~ specifically trained for and actually providing assistance to the physically
challenged and for those animal~ brought into the City for educational purposes, as part of an
operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition.
24.05 Farm Animals. Farm animal~ shall only be kept in an agricultural district of the City, or on a
residential lot of at least ten (10) acres in size provided that no animal shelter shall be within three
hundred (300) teet of an adjoining piece of property. An exception shall be made to this Subsection
for those animAl~ brought into the City as part of education, an operating zoo, veterinarian clinic,
scientific research laboratory, or a licensed show or exhibition.
24.06 Impounding.
Subd. 1 Runuing at Large. Any animal rllnnillg at large is hereby declared a public nuisance. Any
police officer may impound any animal found unlicensed or any animal found rllnning at large and
shall give notice of the impounding to the owner of such "";T11llI, ifknown.
Snbd. 2 Reclaiming. All animals conveyed to the pound shall be kept, withhumane treatment and
sufficient food and water for their comfort, at least five regular business days to a maximumofseven
days, unless reclaimed sooner by its owner or keeper as provided by this Ordinance. If the animal is
a dangerous animal as defined under' 24.01, Subd. 5, it may be impounded for a period of time
including the time required to complete an appeal process. The owner of an aniT11ll1 is required to
pay the entire costs of confinement of any animal Immediately on confinement of any ani~I.
reasonable effort shall be made by the impo1Jtlllillg official to n.otilY the owner of the animal, of the
aniT11ll11' confinement, and procedures to be followed for reclamation of such animal Any animalmay
be redeemed from the pound by the owner upon performance of the following:
of a release fee and rece' t of a release permit from the _
'and
(2) Payment ofmaintenance costs, as provided by the pound, per day or any
part of day while animal is in said pound; and
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(3) If an ..ni.....l is unlicensed. payment of a regular license me and valid
certificate of vaccination for rabies and distemper shots is required; and
(4) Said feel shall be set by City Council and reviewed periodically and kept
on record with the City.
Subel.3 Permiuible Retaru ofUDrestralDed Dog. Not withstanding the provisions of Section
24.06, Subd.l, ifa 1icensed animal is found unrestrained and its owner can be identified and 1ocated,.
such animal need not be impounded but may, instead be taken to the owner. In such case, oowever,
proceedings may be taken against the owner for violation of this Ordinance.
Subel.4 Uaclaimed AIlimals. At the eJqliration of the times established, if the animal bas not been
reclaimed in accordance with the provisions of this Ordinance, the officer appointed to enforce this
ordinance may let any person claim the animal by complying with all provisions in this Ordinance, or
the officer may sell the animal, with all funds paid to the City ofCenterville, or cause the animal to
be destroyed in a proper and humane manner and shall properly dispose of the remains thereof. Any
money coUected under this Ordinance shall be payable to the City of Centerville.
24.07 KenDels.
Subel 1. A commercial kennel license is required in addition to individual licenses. The City Council
shall issue a commercial kennel license upon the following conditions;
(1) Payment of an commercial ..nmtal kennel license me which shall eJqlire on
December 31 of each year and must be renewed annually.
(2) Kennels and the premises used therefore shall be kept in a clean, quiet,
orderly and sanitary condition, so at not to constitute a lluisa1lCe. In
determining whether a JI.li$3nce exists, consideration shall be given to the
kennels location, location of other residents, and the general character of the
neighborhood.
(3) All such dogs in excess of two shall be at all times confined ina building or
enclosure by a leash or otherwise under control.
(4) A commercial kennel must be in compliance with the City Zoning Code.
24.08 Nuisaaces.
Sobd. 1 Habitual Barldllg. It shall be unlawful for any person to keep or harbor an animal which
habitually barks or cries. Habitual barking shall be defined as barking fot repeated intervals of at
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Ieast three minutes with less than one minute of interruption. Such barking nmst also be audible off
of the owner's or caretaker's premises.
Subd.2 Chasing ofPedestrianlMoving Vehicles. To chase vehicles or to molest or annoy any
person while away from the property of its owner.
Subd. 3 Damage to Property. It shall be unlawful for any person's dog or other animal to damage
any lawn, garden, or other property, whether or not the owner has knowledge of the damage. Any
such animal may be impounded as provided in this Ordinance or a complaint may be issued by
anyone aggrieved by an animal under this ordinance, against the owner of the animal fur prosecution
under this Ordinance.
Subd. 4 Cleaning Up LitterlFeees DisposaL The owner of any ani1)'l8.1 shall be responsible fur
cleaning up any feces of the animal and disposing of such feces in a sanitazy manner whether on their
own property, on the property of others or on public property, in the following manner:
(1) During the period of November lilt through April301h, all feces material
shall be removed from the owners premises and/or stored in a sanitary
manner within seven (7) days/one (1) week.
(2) During the period of May 1 lit through October 31 lit, all feces material shall
be removed from the owners property and/or stored in a sanitary manner
within furty eight (48) hours/two (2) days.
(3) Objectionable feces odor and/or flies detectable at the adjoining property
line shall be deemed a violation of this Section.
Subd. 5 The owner of any animal shall not permit such animal to be on public property or the
property of another without having in their owners immediate possession a device fur the immediate
removal of feces material deposited by the "nlm..', as well as a container fur the transport of such
material to a proper disposal receptacle located on the property of the owner. Immediate removal of
feces is required per this Ordinance.
Subd. 6 The provisions of this Section, shall not apply to any animal specifically trained fur and
actually providing assistance to the physically challenged or other individuals with severe disabilities
who are unable to clean up after a companion dog; dogs when used in police activities by the City; or
tracking dogs when used by or with permission of the City.
Subd. 7 Written Complaint. Any person aggrieved by an animal nuisance may make a written
complaint to the Police Department, or such other persons designated by the CityColl1lcil, stating the
acts complained ot: the name and address of the owner of the anim..l, and the name and address of the
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person J11llking the complaint. The Police Department shall then promptly notiJY the person owning
or keeping the animal and shall order the nuisance abated within five (5) days. If such animal
nuisance is not abated within that time, a charge may be made against the owner or keeper of the
animal and any person found to have violated the provisions of this Section shall be guilty of a
misdemeanor.
Subd. 8 Other. Any animals kept contrary to this Section are subject to impoundment as provided
in this Ordinance.
24.09 Seizure 01 Auimals. Any police officer or animal control officer may enter upon private
property and seize any animal provided that following exist:
(1) There is an identified complainant other than the police officer or animal
control officer making a contemporaneous complaint about the animal;
(2) The officer reasonably believes that the animal meets either the habitual
barking/crying criteria; criteria for inhumane treatment; or the criteria for an at
large anima I as set forth herein.
(3) The officer can demonstrate that there has been at least one previous
complaint of habitual barking; inhumane treatment; or that the animal was at
large on a prior date;
(4) The officer has made a reasonable attempt to contact the owner of the
property and those attempts have either fuiled or have been ignored;
(5) The seizure will not involve the forced entry into a private residence. Use
of a pass key obtained from a property manager, landlord, innkeeper, or other
authorized person to have such key shall not be considered unauthorized
entry; and;
(6) Written notice of the seizure is left in a conspicuous place ifpersonal
contact with the owner of the animal is not possible.
24.10 Bumane Treatment of Auimd. The owner of any animal within the City shall provide such
animal with sufficient wholesome food and water on a daily basis, proper and sufficient shelter from
the weather, and veterinary care when needed to prevent suffi:ring of any sick or injured animal No
person shall beat, torment, tease, or otherwise abuse an animal, or permit an animal fight. Any person
not treating their pet in such humane manner will be subject to the penahies provided in. this
Ordinance.
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24.11 Domestic Animal Shelters. A person in charge or control of any domestic animal which is
kept outdoors or in an .mheated enclosure shall provide the domestic animaI with shelter and bedding
as prescribed in this Section as a m;,,;mnm
(I) The shelter shan include a moisture proof and wind proof structure of
suitable size to accommodate the domestic animal and allow retention of
the body heat.
(2) Shade from the direct rays of the sun, during the months of June to
September shall be provided.
(3) A domestic animal kept on a fitrm may be provided with access to a barn
with sufficient quantity of loose bay or bedifing to protect against cold and
dampness.
(4) All shelters required by this Section shall be subject to all bnilding or
zoning regulations of the city, township, county or state.
24.12 Guard Dog Warning Signs. Apersonmaintainiog a dog for security purposes within the City
shall post a sign at all entrances to the property. Said sign shall be a minin1111'\1 of 6" x 12", with
letters of contrasting color, a minirmlJ1' of2" in height, and a brush stroke of2" minimnm, with the
following words affixed to such sign, DANGER. GUARD DOG.
24.13 Abandoned Animals. Upon written notice of the Chief of Police that private property is
attracting or providing shelter to animRl~ that are not owned or cared for by any known person, the
owner of such property shall be responsible fur removing such aninm'" in a humane manner within
thirty (30) days of such a written notice.
24.14 Animals Presenting a Danger to Health and Safety of City. It: in the reasonable belief of
a police officer, ananinml presents an immediate danger to the health and safety ofanyperson, orthe
animal is threatening imminent harm to any person, or the "nimal is in the process of attacking any
person, the officer may destroy the animal in a proper and hnmane manner. Otherwise theoflicer may
apprehend the aml1Ull and deliver it to the pound fur confinement. If the animal is destroyed, acbarge
to dispose of the animal is payable by the owner of the animal If the am1T1ll1 is fuund not to be a
danger to the heahh and safety of the City, it may be released to the owner or keeper in accordance
with the provisions of this Ordinance.
24.15 Diseased Animals.
Subd. 1 Keeping of Diseased AnimaL No person shall keep or allow to be kept on his or he
premises, or on premises occupied by them, nor permit to run at large in the City, any Imimal whichis
diseased so as to be a danger to the heahh and safety of the City, even though the animal be properly
licensed under this Section.
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Subd. 2 Confinement. Any animal reasonably suspected ofbeing diseased and presenting a threat
to the health and safety of the public, may be apprehended and confined in the pound by a police
officer. The police officer shall have a qualified veterinarian examine the anima I If the animal is fuund
to be diseased in such a manner so as to be a danger to the health and safety of the City, the officer
shall cause such AniTtUlI to be euthAni7ed and shall properly dispose of the remains. Reasonable eJlbrts
will be made to notuy the owner or keeper of the animal prior to the euthanasia. The owner will be
liable to cover the cost of maintAining and disposing of the animal, plus the costs of any veterinarian
eJ<AminAtions.
Subd.3 Release. If the animal, upon examination, is not fuund to be diseased within the meaning of
this Section, the animal shall be released to the owner or keeper :free of charge.
24.16 Designation as Dangerous or Potentially Dangerous AnimaL The animal control officer
shall designate any animal as a dangerous or potentially dangerous animal upon receiving such
evidence that meets the definition as stated in this Ordinance. When an animal is declared dangerous
or potentially dangerous the ,,"imAI control officer shall cause one (1) owner of the potentially
dangerous or dangerous animal to be notified in writing that such animal is potentially dangerous or
dangerous.
Subd.! Authority to Order Destruction. The animal control officer, upon finding that an animal is
dangerous or potentially dangerous hereunder, is authorized to order, as part of the dispositionofthe
case, that the Animal be destroyed based on written order from City Council.
Subd.2 Procedure. The animal control officer, after having determined that an animal is dangerous
or potentially dangerous, pIlly proceed in the following manner:
(1) The animal control officer shall cause one (1) owner of the ani"",l to be
notified in writing or in person that the animal is dangerous or potentially
dangerous and may order the animal seized or make such orders as deemed
proper.
(2) If the owner of an animal elects to appeal, the appeal shall be referred to
the City Council fur a hearing. The City Clerk sball notuy the owner of such
Animal by certified mail, return receipt requested, of the time of the hearing at
least fourteen (14) days prior to the hearing. The notice shall state that the
owner may be represented by legal counsel during such hearing and may
provide oral and written testimony. The Council shall maintain an electronic
record of the hearing.
(3) If an owner requests a hearing fur determination as to the dangerous
nature of the animal, the hearing sball be held before the City Council, which
shall set a date for hearing not more than three (3) weeks after demand fur the
Page 12 of 16
,-
City of Centerville Ord #24
Effective: 10127/99
hearing. The records of the animal control or City Clerks office shall be
admissl'ble for consideration by the animal control officer
without further foundation. After considering all evidence pertaining to the
temperament of the animal, the City Council shall make an order as it deems
proper. The City Council may order that the animal control officer take the
anima I into custody fur destruction, if such animal is not currently in custody.
If the animal is ordered into custody for destruction, the owner shall
immediately make the animal available to the animal control officer.
(4) If no appeal is :fiIed, the orders issued will stand and the animal control
officer may order the a~l destroyed.
.1
I
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(5) No person shall harbor an animal after it bas been fuund by to be
dangerous and ordered into custody fur desttuction.
24.17 Notification of New Address. The owner ofananimal wbichhas been identified as dangerous
or potentially dangerous must noiliY the animal control officer in writing if the animal is to be
relocated from its current address or given or sold to another person. The notification must be given
in writing at least fuurteen (14) days prior to the relocation or transfer of ownership. The notification
must include the current owner's name and address, the relocation address, and the name of the new
owner, if any.
24.18 Dangerous Animal or Potentially Dangerous Animal Requirements. If the City Council
does not order the destruction of animal that has been declared dangerous or potentially dangerous
the City Council may as an alternative, order any of the funowing:
(1) The owner provide and maintain a proper enclosure for the dangerous or
potentially dangerous animal as specified below.
A. Proper enclosure. Proper enclosure means securely confined
indoors or in a securely locked pen or structure suitable to prevent the
animal from escaping and to provide protection fur the animal from
the elements. A proper enclosure does not include a porch, patio, or
any part of a house, garage, or other structure that would allow the
animal to exit of its own volition, or any house or structure in which
windows are open or in which door or window screens are the only
barriers which prevent the animal from exiting. The enclosure shall not
allow the egress of the animal in any 1\'lllnnef without human
assistance. A pen or kennel shall meet the fonowing minimum
specifications:
(1) Have a minimum overall floor size of thirty-two (32) square feet.
Page 13 of 16
City of Centerville Ord #24
Effective: 10127/99
(2) Sidewalls shall have a minimum height of five (5) teet and be
constructed of II-gauge or heavier wire. Openings in the wire shall
not exceed two (2) inches, support posts shaII be one-and-one-
quarter-inch or larger steel pipe buried in the ground eighteen (18)
inches or more. When a concrete Hoor is not provided, the sidewalls
shaI1 be buried a minimum of eighteen (18) inches in the ground.
(3) A cover over the entire pen or kennel shall be provided. The cover
shall be constructed of the same gauge wire or heavier as the sidewaDs
and shaII also have no openings in the wire greater than two (2)
inches.
(4) An entranceIexit gate shaI1 be provided and be constructed of the
same material as the sidewalls and shaI1 also have no openings in the
wire greater than two (2) inches. The gate shaI1 be equipped with a
device capable ofbeing locked and shaI1 be locked at all times when
the AnimAl is in the pen or kenneL
B. Post the front and the rear of the premises with clearly visI"ble
warning signs, including a warning symbol to inform children, that
there is a dangerous animAl on the property.
C. Provide and show proof Anm11l11y of public liability insurance in
the minim"m amount of three hundred thousand dollars
($300,000.00);
D. If the animal is a dog and is outside the proper enclosure, the dog
must be muzzled and restrained by a substantial chain or leash not to
exceed six (6) teet in teet in length, and be in physical restraint of a
person sixteen (16) years of age or older. The muzzle must be of such
design as to prevent the dog from biting any person or AnimAl, but will
not cause injury to the dog or interfere with its vision or respiration;
E. If the animAl is a dog, it must have an easily identifiable,
standardized tag identifying the dog as dangerous affixed to its collar
at all times as specified in Minnesota Statute 347.51;
F. Provides and shows proofofmicrocbip identi:fication as required in
the
Minnesota Statues.
Subd.1 Seizure. Animal control shaI1 inunediately seize any dangerous animal if the owner does not
meet any such conditions imposed by order of the City Council within fuurteen (14) days after the
Page 14 of 16
city of Centerville Ord #24
Effective: 10/21/99
date notice is sent to the owner. Seizure may be appealed to district court by serving a summons and
petition upon the City and filing it with the district court.
24.19 Reclaiming Animals. A dangerous or potentially dangerous animal seized under this
Ordinance, may be reclaimed by the owner of the animal upon payment ofimpouQding and boarding
tees, and presenting proof to animal control that all requirements set forth by City Council order are
fulfilled. An animal not reclaimed under this section within fourteen (I 4) days may be destroyed with,
the owner liable to animal control for costs incurred.
24.20 Summary Destruction. Whenever an animal control officer or police officer determines that
any animal presents an immediate threat to the safety of any person, after making reasonable attempt
to impound such animal, said officer is hereby authorized to destroy such animal in the interests of
public safety.
24.21 Enforeing Officer. The Council is hereby authorized to appoint an animal control officer(s)
to enforce the provisions of this Ordinance. In the officer's duty of enforcing the provisions of this
Ordinance, he or she may from time to time, with the consent of the Council, designate assistants.
The provisions of this chapter may be enforced by any of the following:
(1) The primary law enforcement agency of the community.
(2) The law enforcement agency contracted with by the City.
(3) The animal control officer as designated by the City.
(4) The animal control :fucility contracted with by the City.
24.22 Interference with Officers. No person shall in any maJ111el" molest, hinder, or interfere with
any person authorized by the Council to capture dogs, cats or other animals and convey them to the
pound while engaged in such operation. Nor shall any unauthorized person break open the pound, or
attempt to do so, or take or attempt to take from any agent any animal taken up by him or her in
compliance with this Ordinance, or in any other manner to interfere with or hinder such officer in the
discharge ofhis or her duties under this Ordinance.
24.23 Existing Permits. Animal owners that have life time permits for their animal are grand
futhered in as part of this ordinance as long as the owner shows proof every two years that the animal
has shots within that period and provided the address of the owner remains the same. lfthe owner
does not provide the vaccination record every two years, they will no longer be considered grand
:fathered in as part of this ordinance and will be required to obtain an animal license every two years
with the tee set by Council.
24.24 Penalty Violations of this Chapter. Any violation of this Ordinance is a miWf.........tV\r. Each
day on which said violation continues shall constitute a separate violation.
24.25 Repealer. On the effective date hereof, Centerville Ordinance Number 24-Adated September
25, 1985 and Ordinance Number 24-B dated December 23, 1985 is repealed.
Page 15 of 16
City of Centerville Ord #24
Effective: 10/27/99
24.26 Effective Date. This Ordinance shall take effuct and be enforced from and after its passage as
provided by law.
Passed by the City Couneil this 27$ day ofOetober, 1999.
APPROVED:
(SilI:nature of File)
Mayor Tom Williarber
ATTEST:
(SillUature of File)
Diane F. Ward, City Clerk
Page 16 of 16
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Effective; 3/13/91
City ofCenterviJle Ord. #51
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #51
AN ORDINANCE REGULATING LAWFUL GAMBLING WITH THE CITY OF CENTERVlLLE.
The City Council of the City of Centerville does ordain:
ARTICLE 1. ADOPTION.
Chapter 349 of the Minnesota Statute is adopted by reference the same as if it were fully
set forth herein.
ARTICLE 2. PROm.
The gross receipts from the operation of gambling devices and the conduct of raflles, less
reasonable sums expended for prizes, local licensing fees, taxes, mainlenance costs for the
devices, purchase of gambling supplies, state and federal tax, all necessary bonds. salaries and
clerical supplies.
ARTICLE 3. RECORDS AND REPORTS.
A copy of all applications and reports applicable to the City of Centerville require by and
submitted to the Minnesota Charitable Gambling Control Board shall also be submitted to the
City ofCenterville within seven (7) days after they were submitted to said board.
ARTICLE 4. PROFITS.
Profits from the operation of gambling devices or the conduct of rafDes shall be used
solely for lawful purposes as defined in Minnesota State Statutes, er 3491 and as authorized
at are' of the 0 ani..ation.
Not less than percent
of the profits from the operation of gambling or the conduct of raftles earned by charitable
organi7Jltions other than veteran's club shall be lawfully expended within the trade area of the
~erviIle which also includes the cities of Hugo, Lino Lakes,
_ Blaine, Circle Pines and Lexington?
Page 1 of2
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Effective: 3/13/91
City ofCenterviUe Ord. #51
ARTICLE 5. FEES.
Subsection 1. InvemiO'Ation Fee
Upon being notified by the Board of a license, the organi7ation sbaIl pay to the City an
investigation fee in an amount to be determined by the City Council in the furm of a resolution.
Failure to promptly pay the required investigation fee shall be grounds fur disapproval of a
license.
Subsection 2. Permit Fee.
No Organization my conduct a gambling event which would otherwise be allowed pursuant to
the exemptions set furth in Minnesota Statutes section 349.214, without first securing a permit
from the City and paying a permit fee in an amount to be determined by the City Council in the
furm of a resolution.
ARTICLE 6. PENALTY.
Any person violating any provision of this Ordinance is guilty of a misdemeanor and
upon conviction thereof sbaIl be punished as defined by State Statute.
Adopted by the City Council this 13* day of March, 1991.
ATIEST:
(Si~natnre on File)
Mayor, George Haberman
(Si~tnre of File )
Clerk/Administrator, Tamara MHz-Miller
IA.......vted: August 25, 1993
Published in the Circulating Pines on September 16, 1993
2Amended: August23,1995
Page 2 of2
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ROYALI<l1v.~~
May 1, 2002
Ms. Kim Moore-Sykes
City Administrator
City Hall
. 1880 Main Street
Centerville, MN 55038-9794
Dear Ms. Moore-Sykes:
We currently own the Royal Industrial site south of Fairview.
Utilities were installed a couple of years ago and curb and street construction was
stopped because Me. Carpenter had an interest in a sma1l parcel of land crossing the
road "Fairway Street".
We ask the City to gain right of way access to our property, including eminent domain,
if necessary.
Sincerely,
Royal Oaks Realty, Inc.
~I:fI-L
'by: lEi nStemer, Pres.
-
1000 County Road E West, Suite 150. Shoreview, Minnesota 55126. (651) 483-5518. Fax (651) 483-5642
www.royaloaksrealty.com
./
City ofCcma'rille
COUIIOiIMeetiDgMiDutes
May 8, 2002
CITY OF CENTERVILLE
CITY COUNCIL MEETING
MAY 8, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
::;:~:~:~~ms::: 1880 Main Street. ~rQ)rQ)r1I@nJ7@~
g~=~==~.~' @~ [;JlrlrU' I,\P
Council Member Mari Nelson
Council Member Linda Boo ickers
ABSENT: None.
STAFF: Public Works Director, Mr. Paul PaIzer
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Tun Hoeft
I. CALL TO ORDER
Mayor Swedberg called the May 8, 2002, City Council meeting to order m 6:30 p.m.
II. SET AGENDA
Mr. PaIzer indicated thm Carl Buechler and Rob Sheppard had requested that they be
allowed to appear before Council
Motion bv Counell Member Nelson. seconded bv Counell Member Caora to
aporove the Henda as amended. AD in favor. Motion earned unanimously.
m. PUBLIC HEARING(S)
None.
IV. APPEARANCES/AWARDS
1. Tracv Tratar. 1710 Peltier Lake Drive - V,.,;ant".e . Gara2e
Mr. Tratar addressed Council and briefly reviewed his request.
Mr. PaIzer indicmed he had done some research and determined thm Mr. Tratar's home
was constructed prior to the City's Code being changed to require attached garages as
Page 1 oflO
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CityofC_.
CounoiI Meetiog Minules
May 8, 2002
well as the change to corner lots that would have given him another ten (10) teet to his
yard.
Motion by Council Member CaDra. seconded by Council Member Travis to aDD rove
the variance request for 1710 Peltier Lake Drive.
Council Member Broussard Vickers asked if Mr. Tratar intended to construct the
driveway sutfuce right away. She then said she is concerned that Staff recommended
approval of the variance based on the City's requirement for attached garages and
suggested she would like to see the driveway constructed right away because a hard
surfiIce driveway is also a requirement of the City's Code.
Mr. Tratar indicated he intended to construct a concrete driveway provided it is not cost
prolnbitive to do so due to the soils and water table. He then explained he cannot mow
his lawn due to puddling and his driveway ripples when you walk or drive on it.
Council Member Nelson asked whether the variance requirements were applied to the
request.
Mayor Swedberg indicated the Staff report had outlined the variance requirements and
how those were applied to this situation. He then said that both Staff and the Planning
and Zoning Commission recommend approval.
Council Member Capra indicated that most residents on the north heading east from the
Tratar property have gravel driveways.
Mr. PaIzer indicated there are some residents that have asphalt driveways.
Mr. Tratar indicated his neighbors have an issue with frost heaving in the winter.
Mr. PaIzer indicated that the City has an issue with some of its streets and noted Center
Street moves between 8 and 10 inches each winter. He further commented that a cement
driveway could break up over time.
Council Member Broussard Vickers expressed concern with allowing the variance to
match neighboring properties and to match the City's code but not requiring the
driveway.
Vote: Aves - 3. Navs -1 (Nelson). Abstain -1 (Broussard Vickers). Motion carried.
Council Member Nelson indicated she did not think the variance request met the hardship
requirement.
Page 2 of 10
.
.40
City ofCa1fJ:rvilJe
Couucil Ml:c:liD8 Minutes
May 8, 2002
2. Mr. Mike Kraft - Shea Arc\!itects
Mr. Kraft from Shea Architects provided a brief presentation to Council on the proposal
for architectural styles and ideas fur commerciaVindustrial development within the City.
Council Member Nelson asked whether environmentally friendly lig/1ting was considered
with the recommendations.
Mr. Kraft explained the type of lighting recomm<'!T1<1ed. Council Member Nelson
indicated she is concerned with light pollution and would prefer closed top lights so as
not to spill light into the sky.
3. Carl Buechler
Mr. Buechler addressed Council and asked Council to commit to working with him to
finish Mound Trail as agreed by contract a number of years ago. Mr. Buechler also asked
fur an overweight permit to be allowed to construct his driveway.
Council asked that this item be placed on the agenda fur the next meeting for further
discussion.
Council Member Nelson indicated she would like to see another bid for the work.
Motion bv Council Member Broussard Vickers. seconded bv Couucil Member
Capra to approve an overweillht permit to construct the driveway subiect to
approval of the start date bv the City Enllineer. Aves - 4. Navs - 1 (Swedberll).
Motion carried.
4. Rob Sheonard
Mr. Sheppard addressed Council and indicated his yard is in danger of flooding due to a
clogged outlet in the holding pond on an adjacent property. He also commented that he is
concerned that the overflow elevation is too high and he would like to have it reviewed.
Mr. Palzer indicated that the area is a DNR protected wetland and said he would need to
discuss the matter with the DNR before any water is drained from the area.
Council Member Nelson expressed concern for using taxpayer dollars to rectify a
situation alleged to have been caused by the neighbors dumping on the property.
Mr. Sheppard indicated the things that were dumped there were used for fill fur the edge
of the pond.
Council Member Broussard Vickers questioned whether the property owner would have a
responsibility to provide silt fencing to keep erosion from filling the pond.
Page 3 ofl 0
...
City ofeem.mn.
CoonciI Meeting Miou...
May a. 2002
Mr. PaIzer indicated he would look into the matter.
V. CONSIDERATION OF MINUTES
1. April 24. 2002. Council MeetinV Minutes
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve the April 24. 2002 Council Minutes as presented. An in favor.
Motion carried unanimousIv.
Council recessed at 8:00 p.rn.
Council reconvened at 8:06 p.rn.
Mayor Swedberg noted that Centerville had held its volunteer appreciation activities on April 27,
2002. He then thanked all the volunteers that help to make the City a better place to live.
VI. PETITIONS AND COMPLAINTS
None.
VII. OLD BUSINESS
1. The ShoreslCSAH 14 Water Main
city Engineer Peterson provided a brief overview of the proposed water main extension
and then indicated the matter was before Council for approval to authorize Staff to go out
to bid on the project.
Motion bv Council Member Broussard Vickers. seconded bv CouncIl Member
Nelson to approve the plans and specifications for the water main extension alon2
CSAH 14 from LakeIand BiBs to the Shores. Aves - 4. Navs -l(SwedbeN). Motion
carried.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to authorize Staff to 20 out to bid on the proiect. Aves - 4. Navs -
l(SwedbeNl. Motion carried.
2. Ex<mmt, Status ilioeftl
This item was tabled until the next meeting.
VIII. NEW BUSINESS
1. Tracv Tratar. 1710 Peltier Lake Drive - Variance - Garage
ThiS item was heard earlier in the meeting.
Page40flO
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city ofc..n.rnne
Counoil Meetios Minulos
May 8. 2002
2. Health Insurance :Renewal & Monthly Allotment
Council Member Nelson indicated she would like to see the City pay 70% rather than the
$500 which would be 73% fur this year.
Mayor Swedberg indicated the bigger issue fur him is that he would like to see the City
get out of the deferred compensation and into a 401K because there could be tax savings
fur employees.
Mayor Swedberg indicated that using a percentage could end up costing the City more
because health care costs continue to rise.
Council Member Nelson agreed but said, in this instance fur a quick fix, she would like to
continue fur the year with the percentage.
Motion by Council Member Nelson. seconded bv Conneil Member Broussard
Vickers to approve a City contribution to heakh insurance of 70.'" with Staft'
contributine 30% for the remainder oltle calendar vear.
Mr. Palzer commented that the union employees are receiving 80%.
Council Member Nelson indicated further issues would be addressed with the personnel
policy. She also noted that the City has made it clear it is not matching nonunion with
union.
Vote: An in favor. Motion carried unanimously.
3. Relocation of the Civil Defense Siren
Fire Chief Bennett addressed Council and explained that the civil defense siren is to be
moved but there has been a delay due to an attempt to have Connexus Energy move the
sign at no cost to the City. He then noted it has since been learned that the pole is owned
by Xcel Energy and he will be contacting them to move the pole. He further explained
that he would work with Staff to make sure that the siren is moved and reinstalled
without too much time elapsing especially in light of the fact that severe weather season
is here.
4. Tenu?"rnrv SiB1'''17e
Council Member Nelson indicated she had received a call concerning the temponuy signs
at Corner Express and Per1brmance Auto.
Council Member Broussard Vickers indicated she thought it was the intent when the sign
ordinance was implemented that any existing signs would be grantffitthered in.
Page 5 oflO
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Cityof~.
Council Meeting Minules
May 8, 2002
City Attorney Hoeft indicated that a temporary sign would not be grandfatbered.
Council Member Nelson commented that Kelly's has been in CenterviIIe for a long time
and was forced to remove temporary signage that violated the sign code.
Council Member Travis asked whether a complaint is on file with the City.
Council Member Nelson indicated the information bad been forwarded bye-mail to Ms.
Moore-Sykes.
Council directed Staff to send a letter to the businesses indicating they are in violation of
the sign code.
5. Street Reoair & Heat Patchinv/Seal Coatinf'
City Engineer Peterson indicated this matter was befure Council for approval to seal coat
the streets.
Mayor Swedberg asked what seal coating is. City Engineer Peterson explained that oil is
put down on the streets fullowed by small smooth stones that are then rolled in and traffic
drives on befure the extra rocks are swept up. He also explained that this adds to the
wear surfuce of the pavement extending the li:fu of the pavement.
Mayor Swedberg indicated he did not feel Deer Pass needed to be done and expressed
concern with doing Dupre Road in light of the impending construction traffic.
Mr. Patzer indicated that the seal coating may counteract the effi:cts of the construction
traffic.
city Engineer Peterson indicated that the seal coating would be done in July or August
and Eagle Pass will be done by then.
Council Member Broussard Vickers asked whether there would be any real savings to the
City by eliminating some streets from the seal coating schedule fur 2002. Mr. PaIzer
indicated that for the price, seal coating is cheap maintenance for the City's streets. Mr.
Peterson indicated that the larger the project the lower the price and recommended
approval of the plan.
Motion bv Council Member Broussard Vieke1'll. seconded bv Council Member
Nelson to authorize plans and specifications fur the 2002 seal eoatinl! oroieet ocr the
recommendation ofthe City Enl!ineer and Pub6c Works Director.
Council Member Travis commented he did not feel that the two new streets needed to be
done and the money could be spent elsewhere.
Page 6 of! 0
Cilyof~
Council MeeliogMimnlls
May 8, 2002
Council Member Nelson asked whether the billil on Peterson Trail could be ramped 80
they are not 80 abrupt. Mr. PaIzer indicted he would look into it.
Vote: Ayes - 3. Nays - 2{SwedbenUrravis). Motion earried.
6. Tobacco License - Todd Ste:lfen d/b/a Corner EJq>ress
Council Member Nelson indicated this is a housekeeping issue as the business changed
bands and the tobacco license cannot be transferred.
Motion by Council Member Nelson. seconded bv Council Member Trayis to
approve the Tobacco License for Todd Steffen d/b/a Comer Exoress. AD in favor.
Motion carried unanimously.
7. ~hR"'" ofConwuterslPrinter
Mayor Swedberg indicated be would like to see a priority list of how Staff wishes to
implement the computer system. He then said he could support a new computer fur the
finance director but would like City Staff to come back with a way to implement the plan
in stages and with a plan for filMing.
Motion br Mayor Swedbefll. seconded by Council Member Nelson to authorize the
purchase of a Pentium 4 computer with orinter as recommended bv Staff not to
exceed $1.700.00. All in favor. Motion earried unanimou~.
8. Parks & Recreation Committee Recomtt"lP.ndRtions
Mayor Swedberg commented that green treated lumber has fuIlen out offilvor due to the
arsenic in the. product.
City Attorney Hoeft indicated there is a new treated wood product on the market that
does not contain arsenic.
Motion bv Mavor SWedbefll. seconded by Council Member Capra to approve the
satellite enclosure prolect as recommended by the Park and Recreation Committee
not to excee4 ~1.500 with the requirement that non-arsenic treated wood be used.
An in fayor. Mlltion earried unanimouslv.
Council Member Broussard ViCkers noted that due to numerous incidents of repeated
va'liJRli,.." she questions whether the City should look into selling the property used fur
Royal Meadows Park.
City Attorney Hoeft in(!icated it is possible to sell park: property and then said the
procedure would vary depending upon how the property was acquired.
Page 7oflO
CilyofC_"
Council Mectina Minutes
May S, 1001
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the hirine: of attendants for the skate nark in an amount not to exceed
55.000 for the 2002 skate park season.
Mayor Swedberg said he would like the skate park open longer into the evening.
Council Member Broussard Vickers indicated the park closes at 8:00 p.rn.
Kim Steffen indicated the Police Chief recommended the hours for the skate park to be
from 4:00 p.rn. to 8:00 p.rn.
Council indicated that it desired to have an older individual hired as an attendant fur the
skate park provided that could be done without violating any employment laws.
Vote: AU in favor. Motion carried unanimously.
Motion bv Council Member Broussard Viekers. seeonded bv Couneil Member
Nelson to approve the 2002 WaNo Nature Center Proe:ram not to exceed 51.000.
All in favor. Motion carried unanimously.
Council Member Broussard Vickers indicated the Park and Recreation Committee is
seeking Council approval and comment on the Volunteer Brochure before making it
available to residents.
Motion bv Council Member Capra. seconded bv Conneil Member Nelson to
approve the brochure and authorize advertisinl! within budl!eted amounts. All in
favor. Motion carried unanimousIv.
9. Fire Department - Stor;tge located at the Public Works Site
Fire Chief Bennett addressed Council and indicated the Fire Department had received
funds to construct a storage building and is seeking permission to construct it on the
City's public works site.
Motion bv Couneil Member Broussard Viekers. seconded bv Couneil Member
Nelson to authorize the eonstruction of a Fire Department storal!e buildinl! on the
publie works site subiect to the approval of the Publie Works Director and Fire
Chief. and subiect to the Fire Department insurinl! the contents. An in favor.
Motion earried unanimously.
IX. CONSENT AGENDA
1. The City of Centerville Apri124, 2002 through May 7, 2002 Expenditures.
2. Centennial Fire District Expenditures
3. Worksession prior to May 22, 2002 Council Meeting (5:30 p.rn.)
4. Tricia & The TooDies (Elementary School- $800/SCORE Funds)
Page 8 of 10
CityofCeotllrviIIe
COUIICil MeotiDg MiDutes
May 8, 2002
5. Purchase of an Additional Election Booth
Motion bv Council Member Nelson. seconded by Council Member Broussard
Vickers to approve the Consent A2enda as presented. AU in favor. Motion carried
unanimously.
X. COMMITTEE REPORTS
Council Member Travis reported that the planning and Zoning Commi..'lion is looking at
Ordinances 70, 71, and 63.
Xl. ADMINISTRATOR'S REPORT
Mr. PaJzer asked for approval of an overweight permit for the City's landscaping service.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to ap~rove an overwei2ht permit for Valley Creek Lawn Service. All in
favor. Motion carried unanimously.
Council discussed the issue of wine being served at Hair Update, noted the Police Chief
had indicated a liquor license is required to do so, and asked that Staff inform Hair
Update of the need to either apply for a liquor license or cease providing wine to its
customers.
Mayor Swedberg asked how the City could control undesirable uses within the City.
City Attorney Hoeft explained that certain uses are aUowed in certain zoning areas and
the City can determine what is aIIowed in each zoning area.
Council Member Broussard Vickers asked whether Council needed to act on the request
for condemnation proceedings to clear up the access issue on 21 st Avenue.
Council agreed that since the City has invested in infrastmcture it would make sense to
work with Mr. Evansteiner to agree on a cost sharing should the City decide to institute
eminent domain prol"~it1gs.
Council directed Staff to invite Mr. Evansteiner to a meeting to give his side of the story
as well as Mr. Carpenter but indicated separate meeting dates would be preferable.
Mayor Swedberg asked for legal research on eminent domain in this type of situation for
review.
Council suggested he look the matter up on the Internet rather than paying the City
Attorney to provide information to him.
Page 9 ofIO
,
City ofC...-ill.
CollllCiJ Meeting Min_
May 8. 2002
City Attorney Hoeft suggested reviewing the Handbook on the League of Minnesota
Cities website.
No update on the deferred compensation situation.
xn. EXECUTIVE SESSION - CITY ADMINISTRATOR SIX (6) MONTH JOB
PERFORMANCE
Council agreed that Mr. PaIzer's review was done by the City Administrator and a step
increase should be placed on the consent agenda for approval
Council agreed to recess to executive session to discuss the City Administrator's review.
Motion bv Council Member Travis. seconded bv Council Member Broussard
Vickers to recess to executive session. Aves - 4. Navs - 1 fSwedbel1l). Motion
carried.
Council recessed at 10:03 p.rn.
xm. ADJOURNMENT
Motion bv Council Member . seconded bv Councll Member
adiourn the Mav 8. 2002 Citv Council Meetin2 at 10:30 p.m. All in favor.
carried unanimously.
to
Motion
TranscnDed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 10 oflO
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tervi{{e
'Esta6(isfid 11J57
1880 !Main Street . Centervi<<e,!M'!J{ 55038
(651) 429.3232 .!J~ (651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERvn.LE
RESOLUTION #02-015
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS FOR MUNICIPAL WATER MAIN EXTENSION FROM
LAKELAND HILLS TO "THE SHORES" SUBDMSION
WHEREAS, pursuant to Council motion at the May 8, 2002 regularly scheduled meeting, the City
Engineer has prepared plans and specifications fur municipal water main extension from Lakeland Hills
to '''The Shores" subdivision and has presented such plans and specifications to the council for
approval;
NOW, TIlEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CENTERVILLE, MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part hereof:
are hereby approved.
2. Bonestroo, Rosene, Anderlik and Associates shall prepare and cause to be inserted in the
official paper and the Construction Bulletin an advertisement for bids upon the making
of such improvement under such approved plans and specifications. The advertisement
shall be published fur 10 days, shall specifY the work to be completed, bids will be
opened on June 11,2002 at 10:00 a,In. in the council chambers of the city hall, bids will
be received by the City Clerk and Engineer, will be tabulated, and will be considered by
the Council on June 12,2002 at their regularly scheduled meeting.
Approved and Adopted by the Centerville City Council on May 22, 2002.
Mayor Tim Swedberg
ATTEST:
Kim Moore-Sykes, City Administrator
1_"
y
MEMO
DATE:
May 16,2002
Honorable Mayor and Council Members
Mary Capra
CooleCo~onUpoote
TO:
FROM:
RE:
......................................................................................
Please find attached the find attached Resolution 2002-02 Order to Cease and Desist by North Metro
Telecommunications Commission and the response from Mr. David Seykora of AT&T Broadband.
Actions Taken:
. Resolution No. 2002-02 cease and desist order was given to ATT &T broadband
April 18, 2002 for ATI&T broadband to stop using the arbitration clause in their
customer service agreement.
. May 3, 2002 letter received from Mr. Seykora regarding ATT&T customer policy and
their reasoning behind their belief they are within the law to request arbitration.
. Cable Commission motion was to allow staff to find AT&T Broadband in non-
compliance with the franchise agreement, if the company does not fully comply with
the Cease & Desist order by May 18, 2002. This Will include the issuance of notice
of violation and the invocation of applicOOle remedies.
. The Coole Commission agrees to participate in comments to the FCC regarding the
removal of franchise fees from high-speed cable modems. The cities want to have
their voices heard because any FCC rule rnHking could affect the rights of way
management and future income from cOOle modem service. The commission agree to
not exceed two thousands dollars to support this effort.
Future Actions:
· The city will be receiving a request shortly to free up the permits for AT&T
broadband to upgrade the system. AT&T broadband will agree to work with the
cities public works and engineering firms in an effort to make the work flow
smoothly. This will be coming to council for approval within the next three to four
weeks. The commission feels they are close enough to agreement on the contract to
allow upgrading to begin.
,
".j'
10
RESOLUTION NO. 2002-02
ORDER TO CEASE AND DESIST
WHEREAS, the North Metro Telecommunications Commission (hereinafter, the "Commission") is a
Joint Powers Commission organized pursuant to Minn. Stat !i 471.59, as amended, and includes the
municipalities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes and Spring Lake Park,
Minnesota (hereinafter, the "Member Cities"); and
WHEREAS, the Commission's Joint Powers Agreement includes the power to administer and enforce
the Member Cities' cable television franchises.
NOW, TI-IEREFORE, the following is resolved:
Fin d inl!S
1. AT&T Broadband sent a new Customer Service Agreement ("CSA") to subscribers in the Member
Cities.
2. The new CSA contains several modifications to the older agreement and was sent out as a "bill stuffer"
to subscribers ip the Member Cities.
3. The new CSA unilaterally attempts to impose a mandatory arbitration provision governed by the Federal
Arbitration Act (the "Arbitration Clause").
4.' The Arbitration Clause, among other things, purports to eliminate certain rights otherwise enjoyed by
subscribers, most inlportantly the right to danlages other than actual damages and the right to bring a class
action lawsuit.
5. The new CSA states that acceptance ofits terms, including the Arbitration Clause, will be presumed
where there is continued use of service and that, if a subscriber finds the terms of the new CSA unacceptable,
the only recourse available to the subscriber is to cancel service.
6. The terms of the CSA were not negotiable and were offered on a "take it or leave it" basis.
7. Pursuant to the terms of the cable television franchises between AT&T Broadband and the Member
Cities, AT&T Broadband is required to comply with all state and federal laws and regulations.
8. Pursuant to the terms of the Member Cities' cable television franchises, AT&T Broadband may be
assessed a penalty of $100.00 per franchise per day for failure to comply with the franchises.
Conclusions
The CSA is invalid for the following reasons:
rP._~6
,
..
.
(a) subscribers did not knowingly, voluntarily, and intelligently waive their Constitutional
right to a jury trial; ] and
(b) the contract is unconscionable under Minnesota contract law as a contract of adhesion.
Order
Based on the foregoing Findings and Conclusions, the Commission hereby enters the following orders:
I. AT&T Broadband is hereby ordered to innnediately cease and desist the implementation, imposition and
enforcement of the Arbitration Clause in the new CSA.
2: AT&T Broadband is hereby ordered to innnediately notify the Commission of AT&T Broadband's
intent to fully comply with this Order.
3. AT&T Broadband is hereby ordered to do the following within thirty (30) days of the effective date of
this Order: (i) modify its CSA by bringing its dispute resolution policy into total compliance with applicable
law; (ii) provide the Commission with an opportunity to review and approve the revised dispute resolution
policy before it is issued to subscribers; (iii) inform the Commission of the manner in which subscribers will be
notified of the revised dispute resolution policy; and (iv) issue a revised dispute resolution policy to subscribers.
4. Failure to comply with this Order may result in a franchise violation, the innnediate issuance of a notice
violation to AT&T Broadband, and the invocation of appropriate remedies.
5. This Order shall be effective innnediately upon its approval by the Commission.
This resolution is passed, adopted and issued by the Commission this 17th day of April, 2002.
NORTH METRO TELECO.
COMMISr /).
By: ~
I Chair
Attest: ~f1I1 /)1.:Jhm1Ih
I ~ Bmdv v. United States. 397 U.s. 742, 748 (1970); also ~ State v. Johnson. 354 N. W.2d 541, 543 (Minn. App. 1984).
2
1_-
p>.47
.
.
David G. Seykora
Vice President - Law & Public Polley
AT&T
Telephone:
Facsimile:
651-493.5280
651-493-5266
10 River Park Plaza
St. Paul, MN 55107
May 3, 2002
Thomas D. Creighton, Esq.
Creighton, Bradley & Guzzetta
5402 Parkdale
Suite 102
Minneapolis, MN 55416
Ramsey/Washington Counties Suburban Cable
Suburban Communities Commission,
Telecommunications Commission, North Metro
Commission, Coon Rapids, and Columbia Heights
Dear Mr. Creighton:
Re:
Commission, North
Burnsville/Eagan
Telecommunications
Your above referenced clients (the "LFAs"), beginning with the
Ramsey/Washington Counties Suburban Cable Commission on April 5, 20021, have,
though various communications ("LFA Communications") informed us of concerns
regarding the arbitration provisions ("Arbitration Provisions") included in our revised
customer service agreement policies ("CSA") and have requested alterations. The LFAs
also requested that we respond within thirtY (30) days, and in one of the commission
meetings, you stated that the response would provide the Company with an'opportunity
to articulate its views regarding the validity of the 'Arbitration Provisions. In subsequent
conversations you have indicated a willingness to meet with us, either on behalf of, or in
conjunction with the LFAs, in order that we can discuss these issues and any continuing
concerns after you have reviewed this response. In the course of their recent meetings,
various commissioners also have urged us to seriously consider their concerns and
engage in such meaningful dialogue.. We would very much appreciate that opportunity.
Though we take the LFA concerns seriously, and will engage in meaningful
discussions, we would like, at the outset, to underscore a few important considerations:
1. Arbitration benefits consumers (and AT&T Broadband) by providing for
the speedy, informal and affordable resolution of disputes.
2. The rights of the LFA are not reduced by the Arbitration Provisions.
3. The rights of a customer vis a vis the LFA are not reduced by the
I The Ramsey/Washington Counties letter was sent on April 5, 2002 and was followed by
communications from the North Suburban Communications Commission on April 15, the
Burnsville/Eagan Teiecommunications Commission on April1?, the North Metro
Telecommunications Commission ana Coon Rapids on April 18 and Columbia Heights on April 24
@ Recycled l?aper
P.36
..
Arbitration Provisions.
4. In addition to contacting AT&T Broadband or the LFA, customers may
continue to contact agencies such as the Better Business Bureau in the
same manner as before. Since adoption of the Arbitration Provisions last
Fall, our traditional customer resolution mechanisms have been
successful, and no Minnesota or Wisconsin customers have brought any
dispute to arbitration.
While reserving any and all substantive and procedural rights with respect to
each individual franchise and LFA, for convenience purposes, we have prepared and
submit this common response to all of the LFA Communications. Any Franchise
citations in this letter, however, refer to the RamseylWashington Franchise unless
otherwise noted.
The Arbitration Provisions do not affect any LFA's authority or Franchise
provisions.
As a threshold matter, it is important to recognize, and AT&T Broadband
provides this assurance that:
. the Franchises are not altered by the Arbitration Provisions,
. the role and relationship of the LFA vis a vis a consumer is not changed by
the virtue of the Arbitration Provisions, and
. the LFA authority with respect to consumer matters is not diminished.
As the CSA explains, we continue to follow the same customer complaint
resolution procedures as before. The CSA also states that customers who are
dissatisfied with our handling of the matter may contact their LFA. and our LFA
complaint practices remain unchanged. In addition, customers may continue to contact
agencies such as the Better Business Bureau or the Office of Attorney General in the
same manner as before. The procedures of the Arbitration Provisions are intended to
come into play where a customer remains dissatisfied after attempting to resolve the
matter using these methods and seeks remedies outside of procedures established
either internally within AT&T Broadband or within the provisions of any LFA Franchise.
For example, if a customer were to choose to complain neither to AT&T Broadband nor
the LFA, but rather, attempted to proceed directly to litigation on any issue, the
Arbitration Provisions would apply. This, however, would not be in contravention of, nor
interfere in any way with the procedures under the Franchise.
This is a significant point to keep in mind because the overwhelming majority of
customer complaints are resolved through these. mechanisms. Litigation filed by
customers is unusual rather than the norm. We believe that there are two overriding
reasons for this. First, the Company works hard to resolve customer problems to the
mutual satisfaction of both parties as promptly as possible, and we are very successful
in accomplishing this objective. Second, litigation is an expensive, lengthy and uncertain
process that some individuals may choose not to undertake. In contrast, arbitration is
less expensive and faster for both parties. For this reason, we feel it is a superior
method for dispute resolution.
AT&T Broadband is entitled to establish policies with its customers.
2
P.37
. .
As a general proposition, it is not disputed that cable companies have the right to
enter into contracts between themselves and others, free from governmental control, so
long as such contracts are not unconscionable or oppressive and do not impair the
obligation of the company to discharge its public duties.2 Indeed, such authority is
generally recognized in the Franchises. For example, Section 2.7 of the
RamseyMlashington Franchise expressly acknowledges the authority of AT&T
Broadband to adopt rules, regulations, terms, and procedures governing its business, at
least so long as such rules, regulations, terms, and procedures "shall not be in conflict
with ... the laws of the State of Minnesota... or any other body having lawful jurisdiction."
Section 13.4 of the Franchise provides that the Company shall comply with any changes
in state or federal law regardless of whether they conflict with the Franchise. As
described in more detail below, we believe that no violation of any law has been
established and that the Arbitration Provisions are appropriate.
Minnesota Courts recognize arbitration as a preferred method of dispute
resolution
In 1973, the Minnesota Supreme Court formally acknowledged that "Minnesota
has consistently looked on arbitration as a proceeding favored in the law."3 Minnesota
courts still follow this policy.' As recent as 1995, the Minnesota Court of Appeals
recognized that [t]he primary intent of arbitration is to encourage resolution of disputes in
a forum created and controlled by the parties in their written agreement, and to
discourage Iitigation.5 Similarly, Minnesota courts acknowledge the "strong federal
policy in favor of enforcing arbitration agreements.s Over the past two decades, the
United States Supreme Court has consistently found arbitration to be favored in the law
and, in fact, reflected this preference and upheld arbitration in five separate arbitration
related decisions last terms.7
The Arbitration Provisions are legally valid.
The Federal Arbitration Act (FAA) requires enforcement of Arbitration Provisions,
and preempts inconsistent state laws.s In 1984, the United States Supreme Court held
that a California franchise law provision (which rendered arbitration agreements
2 BellSouth Telecom, Inc. v. MCIMetro Access Transmission Services, Inc., 278 F.3d 1223 (11th Cir.
2002). .
3 Ehlert v. Westem Nat'! Mut. Ins. Co., 207 NW.2d 334,336 (Minn. 1973).
· See Ottman v. Fadden, 575 NW.2d 593, 597 (Minn. App. 1998) (noting "strong tederal
policy in favor of enforcing arbitration agreements"); Independent School Dist. No.. 279 v.
Winkelman Bldg. Corp., 530 NW.2d 583, 586 (Minn. App. 1995) ("[a]rbitration is a proceeding
favored in law").
5 Independent School Dist. No.. 279 V. Winkelman Bldg. Corp., 530 N.W.2d al586 (Minn.
App. 1995)
6 Ottman v. Fadden, 575 NW. 2d at 597.
7 See Circuit City Stores, Inc. V. Adams, 121 S. Ct. 1362 (2001). C&L Enterprises v. Citizen
Band Potawatomi Tribe, 121 S. Ct. 1589 (4/30/01). Eastern Associated Coal Corp. v. UMW Dist.
17,121 S. Ct. 462 (2000). Major League Baseball Players Assn. Garvey, 121 S. Ct. 1724
15/14/01). Green Tree Financial Corp. V. Randolph, 121 S. Ct. 513 (2000).
See 9 U.S.C. S 2; Southland Corp v. Keating, 465 U.S. 1, 10(1984).
3
P.38
unenforceable) violated the Supremacy Clause."
Minnesota - the first state to adopt the Uniform Arbitration Act in 1957 - also
recognizes a firm public policy requiring enforcement of arbitration agreements.'o Thus,
like the FAA, Minnesota law favors arbitration as a speedy, informal, and inexpensive
manner of resolving disputes.
Contrary to the LFAs' assertions, the Arbitration Provisions are not void as
unconscionable contracts of adhesion under Minnesota law. First, they are not contracts
of adhesion. Under Minnesota law, a contract of adhesion is "a contract generally not
bargained for, but which is imposed on the public for necessarv services on a 'take it or
leave it' basis."11 The CSAs do not meet that definition. As a threshold proposition, the
CSAs are not contracts imposed on the public for necessarv services, but rather
contracts knowingly entered into for the purposes of entertainment services. Courts all
across the country have consistently held that cable teleilision service is not a necessity,
but rather a luxury with multiple alternatives for the consumer.12 That cable television is
not a necessary service is evidenced by the variety of ever increasing available options
such as satellite services, video rentals, broadcasters and others. In fact, only
approximately 50% of television households in AT&T Broadband's Minnesota service
area choose to receive their video programming from AT&T. Last year alone, satellite
service penetration grew 30% in our service areas and is purChased by approximately
15% of the households.
Moreover, even if the CSAs could properly be characterized as adhesion
contracts, not all adhesion contracts are unconscionable under Minnesota law.'3 Neither
are agreements to arbitrate per se unconscionable. Mere inequality in bargaining power
is an insufficient basis to invalidate an arbitration agreernent.'4 Rather, a contract is
unconscionable only in the rare circumstances that "no man in his senses and not under
delusion would make on the one hand, and as no honest and fair man would accept on
the other."'5 Obviously, that standard has not been met here. In fact, very few, if any,
customers. have voiced concerns about the Arbitration Provisions and, as described
below, they inure to the great benefit of consumers by significantly reducing their
"
In overturning the California restriction on arbitration, the Supreme Court in Southland
Corp., noted that Congress, in enacting the Federal Arbitration Act consciously rejected the "oid
common-law hostility toward arbitration." Southland Corp., 465 U.S. 1, 14 (1984).
'0 See Minn. Stat. S 572.08; Dunshee v. State Farm Mut. Auto. Ins. Co., 228 NW.2d 567,
570 (Minn.1975) (detailing history of arbitration law in Minnesota).
11 Schlobohm v. Spa Petite, Inc., 326 N.W.2d 920,924 (Minn. 1982) (emphasis in original).
12 See Thomson v. Mediaone of St. Paul, Inc., slip. Op. At 4 (Minn. Dist. Ct. July 1, 1999)
("cable service is a luxury; not a necessity"); see also Hassen v. MediaOne of Greater Florida,
slip. Op. At 6-7 (Fla. Cir. Ct. Nov. 24, 1998) ("cable television, as a matter of law, is not a
necessity, and even if it were, the same services were available to plaintiffs through a wide
variety of alternatives, such as wireless cable television, videocassettes, satellite dishes, and
television antenna"), atl'd by 751 So.2d 1289, 1290 (Fla. Dist. Ct. App. 2000). Smith v. Prime
Cable of Chicago, 658 N.E.2d 1325,1332-33 (III. App. 1995) (holding that cable television is not a
necessity such that its threatened loss will support an exception to the voluntary payment
doctrine).. .
13 See Vierkant v. AMCO Ins. Co., 543 N.W.2d 117,120 (Minn. App. 1996); see also Bank
One v. Coates, 125 F.Supp.2d 819,831-32 (S.D. Miss. 2000).
,. Ottman v. Fadden, 575 NW.2d 593, 597 (Minn. App. 1998) (citing Gilmer v.
Interstate/Johnson Lane Corp., 500 U.S. 20, 23 (1991)).
15 Vierkant, 543 N.W.2d at 120
4
P.39
litigation costs. Simply put, the Arbitration Provisions which have been adopted do not
fail under the Minnesota standard of unconscionability.
The Arbitration Provisions adopted by modification of the CSAs are mutual and
mutually beneficial to AT&T and its customers.'6 Both AT&T Broadband and its
customers benefit from the speedy, informal and affordable resolution of their disputes.
Under the CSA, the costs of the arbitration is governed by the Consumer Arbitration
Rules of the American Arbitration Association (AAA). The AAA Rules provide that for
claims of less than $10,000, a customer's contribution is limited to $125, while AT&T
Broadband must, upon notice of a claim, submit $625 to the AAA. Further, under the
Arbitration Provisions, AT&T Broadband agrees that a customer's cost for bringing a
claim worth less than $1,000 will be just $15, which is less than the filing fee in
conciliation courts.17 As a prevailing party, the customer may recover,even those limited
arbitration costs that they are required to pay to initiate their claim.
Along with their agreement to arbitrate claims, AT&T Broadband's customers
knowingly waived their right to a jury trial of those claims. Courts have consistently
recognized that ''the 'loss of the right to a jury trial is a necessary and fairly obvious
consequence of the agreement to arbitrate.'"'8 As the Minnesota Court of Appeals has
found, arbitration is not a violation of one's right to a jury trial.'S In addition, AT&T
Broadband gave consumers specific notice that the new arbitration provisions would
require resolution of disputes through binding arbitration instead of "in a court by a judge
or jury or through a class action." (Original in all caps). The LFAs' assertion is evidently
based on two court decisions that arose in the criminal law context, which is decidedly
different from and not applicable to this circumstance:o That AT&Ts customers have
not knowingly and voluntary waived their right to a jury trial is unfounded and contrary to
the clear, established interpretations under Minnesota and federal law under the
arbitration acts.
The fact that AT&T Broadband customers have agreed to waive their right to
bring their claims as a class action does not render the arbitration clause
unconscionable under Minnesota law. The waiver of consolidated claims is an
expectable consequence of agreeing to arbitrate, and has been upheld by the courts:'
16 Further as the subject of mutuality, we refer to our letter to Thomas D. Creighton dated
March 20, 2002 (attached).
17 See Green Tree Financial Corp. v. Randolph, 121 S. Ct. 513 (2000) (holding that an
agreement to arbitrate in a consumer context is enforceable even if it says nothing about the
costs of arbitration); Ottman, 575 NW.2d at 597 (holding that $2900 in arbitration fees did not
p'lace disproportionate burden on plaintiff such that agreement to arbitrate was unconscionable).
B Bank One, 125 F. Supp. 2d at 833 (valid arbitration clause implicitly waives jury trial right)
(quoting Parsley v. Terminix Int" Co., 1998 WI. 152763 (S.D. Ohio Sept. 15, 1998)).
" Ottman v. Fadden, 575 N.W.2d at 597 (finding jury trial waived by arbitration agreement).
20 Marsh, 103 F. Supp. 2d at 921 (distinguishing waiver of rights in criminal context).
21 See Johnson v. West Suburban Bank, 225 F.3d 366 (3d Cir. 2000) (holding that plaintiff
waived right to participate in class action by entering into arbitration agreement); Bischoff v.
DirecTV, Inc., 180 F. Supp. 2d 1097, 1108 (C.D.Cal. 2002) (rejecting plaintiff'S argument that
arbitration provisions are unconscionable if they prohibit class actions); Goetsch v. Shell Oil Co.,
197 F.R.D. 574, 578 (W.D.N.C. 2000) (finding that arbitration clause prohibiting class actions.
"valid and enforceable"); Marsh v. First USA Bank, NA, 103 F. Supp. 2d 909,923 (N.D. Tex..
2000) (holding that "[p]laintiffs are not entitled as a matter of right to proceed as a class");
Zawikowski v. Beneficial Nat'! Bank, No. 98 C 21 78, 1999 WI. 35304, at *2 (N.D. Ill. Jan. 11,
1999) ("[n]othing prevents the Plaintiffs from contracting away their right to a class action").
5
P.40
>
The United States Supreme Court has rejected the argument that the unavailabiliJr of
the class-action device in arbitration proceedings precludes agreements to arbitrate. In
Minnesota, as under the federal rules, the class action is a procedural device, rather
than a substantive part of any cause of action.23 Thus, just as parties may waive their
right to a judicial forum, they may waive their right to the procedures attendant to that
forum.24 .
The. Arbitration Provisions regarding limitation of remedies also are mutual and
reasonable under the circumstances. Those provisions allow AT&T Broadband to limit
the costs of litigation and pass those savings on to consumers in the form of lower prices
for services.25
AT&T Broadband's method of providing notice to consumers that the Arbitration
Provisions was proper.
We do not agree that A T& T Broadband's customers received inadequate notice
of amendments to the Arbitration Provisions. AT&T Broadband purposefully notified
. customers of the change in the terms of the CSAs through orominent notices
communicated to customers in their billing statements. Customers not only received a
copy of the new terms as an insert to their bill, thev also received a blue notice
document. seoaratelv included in the invoice envelooe. and which announced the
chanaed terms. This blue notice document was headlined "Important Legal Notice" and
urged consumers to read the details. The text of the blue document read as follows:
IMPORTANT LEGAL NOTICE
INCLUDED IN THIS MONTH'S BILLING STATEMENT IS A REVISED
VERSION OF AT&T BROADBAND'S NOTICE TO CONSUMERS
REGARDING POLICIES, COMPLAINT PROCEDURES AND DISPUTE
RESOLUTION (THE "NOTICE"). . .
THE NOTICE CONTAINS IMPORTANT INFORMATION CONCERNING
YOUR USE OF AT&T BROADBAND'S SERVICES. AMONG OTHER
CHANGES, WE HAVE IMPLEMENTED A NEW COMPLAINT
RESOLUTION PROCEDURE INCLUDING PROVISIONS FOR FINAL
AND BINDING ARBITRATION OF DISPUTES. THESE PROVISIONS
AFFECT LEGAL RIGHTS THAT YOU MAY HAVE HAD PREVIOUSLY.
IT IS IMPORTANT THAT YOU READ THE NOTICE CAREFULLY.
THE POLICIES AND PRACTICES CONTAINED IN THE NOTICE WILL
BECOME EFFECTIVE THIRTY (30) DAYS AFTER THE DATE OF THE
ENCLOSED STATEMENT. YOUR CONTINUED USE OF AT&T
BROADBAND SERVICES AFTER THIRTY (30) DAYS OPERATES AS
YOUR CONSENT TO THESE POLICIES AND PRACTICES.
22 See Gilmer, 500 U.S. at 32.
23 Compare Minn. R. Civ. P. 23 with Fed. R. Civ. P.23.
24 See Johnson, 225 F.3d at 369 (characterizing class action as procedural device rather
than substantive right).
25 See Christopher R. Drahozal, 2001 U. III. L. Rev. 695, 761-62 (2001) (explaining
reasonable motivations for contractual waiver of punitive damages).
6
P.41
FOR A DETAILED STATEM!;NT OF THE CHANGES, PLEASE SEE
THE AT&T BROADBAND WEBSITE AT
www.attbroadband.com/leaalnotice.
The notification of the Arbitration Provisions and other amendments was done in
accordance with the modification provisions of the CSAs, which allow AT&T Broadband
to make changes to the t,erms of the CSAs upon notification to the customers of the
modification and its effective date. The CSAs also advise customers that upon notice of
a change in terms, they have the right to cancel their service. However, if they elect to
continue service, they also agree to accept the modified terms. The CSAs also instruct
customers to read their billing statements carefully, as they may include important
notices about their service. 26 The AT&T Broadband notice and implementation outlined
above stands in contrast to a well-publicized recent District Court decision in California,
Ting v. A T& T Long Distance. 27
In the past two years, courts have repeatedly recognized that a consumer's
continued use of a product or service after receiving notice of amended terms and
conditions - including the addition of an arbitration clause - effects a modification of the
contract.2B The Minnesota courts have similarly held that arbitration provisions included
as modifications to a contract are enforceable where the party opposing arbitration
agreed that such modifications could be made.29
" This notice was substantially more prominent than the forum-selection clause located on
a form passenger ticket that the United States Supreme Court found enforceable against a
cruise-line passenger seeking to assert a claim for personal injuries. Carnival Cruise Lines, Inc.
v. Shute, 499 U.S. 585, 596,597 (1991).
Zl This notice is very different from the notice provided in Ting v. A T& T Long Distance, 182
F. Supp. 2d (N.D. Calif. 2001). There, AT&T Long Distance assured customers that nothing
about their service would change. AT&T Long Distance also had conducted internal studies to
determine how the arbitration provisions could be communicated so that consumers would not
take notice, would not think that anything was changing, and in many cases, would not read the
new terms.
28 See Bank One, 125 F. Supp. 2d at 831-32 (plaintiff's failure to object to mailed notice of
amendment to include arbitration clause constituted agreement to arbitration 'clause); Herrington
v. Union Planters Bank, 113 F. Supp. 2d 1026, 1031-32 (S.D. Miss. 2000) (plaintiff's continued
use of savings account after notice of arbitration clause constituted agreement to arbitration
clause); Marsh, 103 F. Supp. 2d at 921 (enforcing arbitration agreement added by amendment to
credit card agreement); Goetsch v. Shell Oil Co., 197 F.RD. 574 (W.D.N.C. 2000) (same); Stiles
v. Home Cable Concepts, Inc., 994 F. Supp. 1410, 1414 (M.D. Ala. 1998) (plaintiff's receipt of
amended terms and failure to send in card opting out of terms constituted acceptance of
arbitration'ciause); South Trust Bank v. Williams, 775 So.2d 184, 190-91 (Ala. 2000) (plaintiff's
assented to arbitration provisions by holding accounts open after notice of amendment). Cf. Hill
v. Gateway, 105 F.3d 1147 (7th Gir. 1997) (arbitration clause first received by customer along
with mail-ordered computer was binding on customer where clause provided for return with 30
days and customer did not return computer).
29 See Moritz v. Francis I. duPont & Co., 189 N.W.2d 487, 488 (Minn. 1971) (enforcing
arbitration provision where plaintiff agreed that his employment would be governed by NYSE
rules, as amended from time to time, and rules were amended during course of plaintiff's
employment to include arbitration provisions); see also Dunshee, 228 NW.2d at 570 (enforcing
arbitration agreement included as endorsement to insurance policy).
7
P.42
There is no basis for any order or finding that AT&T Broadband violated the
Franchises.
a. No Franchise provision prohibits our Arbitration Provisions.
The basis for the LFA Communications appears to be a belief of the LFAs that 1)
the Arbitration Provisions violate a constitutional provision regarding jury trials and 2)
violate state contract law prohibiting contracts of adhesion. As a result, the .LFA
Communications .suggest that there has been a failure to meet general requirements in
the Franchises that AT&T Broadband "comply with all laws affecting the cable system,"
(Columbia Heights Order at Finding 7) or "comply with all applicable state and federal
laws and regulations." (Ramsey/Washington Order at Finding 5).
As an initial matter, we note that no provision in the Franchise expressly provides
that a violation of constitutional provisions or state contract laws by AT&T Broadband
would constitute a distinct violation of the Franchise.30 More importantly, there simply is
no support for the implication in the LFA Communications that the Arbitration Provisions
violate constitutional provisions or any other provisions of state or feeleral law. As
demonstrated above, all applicable statutes and judicial precedent support the fact that
the Arbitration Provisions comply with state and federal statutes and rules. The LFAs do
not and cannot point to any judicial or other determinations finding that AT&T
Broadband's implementation of the Arbitration Provisions violate any provision of state or
federal law. Instead, the LFA Communications appear to rely solely on the LFAs own
subjective assessment that the Arbitration Provisions somehow violate constitutional
rights and state contract law.
Neither the Franchises nor any provision of applicable law gives the LFAs
jurisdiction or authority to so. adjudicate matters of constitutional or state contract law.
See aenerallv Minn. Stat. 99 238.01 et sea., 412.211; Welsh v. City of Orono, 355
N.W.2d 117 (Minn. 1984) ("A municipality has no inherent powers, but only such powers
as are expressly conferred by statute or are implied as necessary in aid of those powers
which are expressly conferred."). Rather, authority to adjudicate constitutional rights and
contractual dispute remains constitutionally vested in the appropriate state and federal
courts. See. e.a., Minn. Const. Art VI, 99 1 & 3 (vesting judicial power exclusively in the
judiciary and providing the district courts with original jurisdiction over civil and criminal
matters); Holmbera v. Holmbera, 588 N.W.2d 720 (Minn. 1999) (holding that the original
jurisdiction of the courts over core judicial matters may not be encroached upon by non-
jUdicial bodies). Simply put, the LFAs have no authority to make a determination that the
Arbitration Provisions violate an applicable law.
30 As noted above, only two provisions in the Franchise could be interpreted as addressing
matters of AT&T Broadband compliance with constitutional provisions or state contract laws
applicable to the Arbitration Provisions. First, Section 2.7 of the Franchise expressly
acknowledges the authority of AT&T Broadband to adopt rules, regulations, terms and
procedures governing its business; at least so long as such rules, regulations, terms and
procedures .shall not be in conflict with... the laws of the state of Minnesota... or any other body
having lawful jurisdiction." Section 13.4 of the Franchise provides that the Company shall comply
with any changes in state or federal law, regardless of whether they conflict with the Franchise.
Neither of these provisions imposes any express or distinct Franchise obligation with respect to
compliance with state and federal laws or provides that a failure to comply with such laws would
constitute a separate Franchise violation.
8
P.43
Because no body of competent jurisdiction has made any determination that
AT&T Broadband has violated any constitutional right or state or federal law, there is
simply no basis for concluding that AT&T Broadband has violated any Franchise
obligation to comply with federal and state law.
b. The absence of an applicable Franchise Provision precludes a findina that
the Arbitration Provisions constitute a Franchise violation.
The LFAs are prohibited from applying the Franchises so as to unilaterally
impose Franchise restrictions or regulations on A T& T Broadband's authority. to
implement the Arbitration Provisions. As is firmly established under applicable law, the
Franchise is a contract binding upon the Company and the LFAs. See McQuillin;
Municipal Corporations, 934.69 (a franchise is "a contract between the municipality and
the grantee, and is protected from impairment by the contract clause of the federal
constitutions, so that... the grant cannot be revoked, nor additional burdens imposed, as
against the objection of the company."); Northwestern Tel. Exch. Co. v. City of
Minneapolis, 83 NW. 527, 528 (Minn. 1900) aff"d 86 NW. 69 (1901) (rights granted by a
franchise may not be later impaired by an unreasonable exercise of police power); 36
Am. Jur. 2d, Franchises 9 38 (municipal regulation of franchises is subject to
constitu1ional guarantees against impairment of contracts); Russell v. Sebastian, 233
U.S. 195 (1914) (municipal ordinance limiting the franchise right to construct along
streets deemed unQonstitutional as an impairment of essential contract rights); Minn.
Const. Art. 1, 911 (no law impairing the obligation of contract shall be enacted); U.S.
Const. Art. 1, 910 (same); Accordingly, any attempt by the LFAs to impose additional
obligations on AT&T Broadband contrary to the provisions of the Franchise would be an
unconstitutional violation of AT&T Broadband's rights under the Franchise.
The above analysis is further reflected by Franchise Section 2.6(a), which
specifies that, other than as necessary to the lawful exercise of police powers,
substantive changes to the terms of the Franchise may be imposed only with the mutual
consent AT&T Broadband. Case law confirms that an attempt to regulate the company's
implementation of customer contracts would be purely regulatory, and not a valid
exercise of police powers. See. e.a.. Northwestern Tel. Exch. Co. v. Citv of Minneapolis,
83 N.W. 527 at 528 (a regulatory requirement that. unreasonably impaired vested
franchise rights was not a valid exercise of police power and thus void); City of Garland
v. Texas Power & Liaht Companv, 342 S.W.2d 816,821 (Tex. App. 1961) (governmental
authority to adopt regulatory requirements may not "be used by the city to deprive the
franchise holder of any essential rights and privileges acquired thereunder") (citina
Northwestern Tel. Exch. Co. v. Citv of Minneapolis, 83 N.W. 527). Thus, the Franchise
terms prohibit the LFA's from prohibiting or regulating the Arbitration Provisions.
c. AT&T Broadband provided the reauisite notices.
Section 5.6 of the Franchise requires AT&T Broadband to file with. the LFA the
standard form subscriber contract. In compliance with this provision, AT&T Broadband
filed the revised CSAs with the LFAs in October, 2001, in advance of their
implementation. The oniy other applicable requirements imposed on the Company by
the LFAs are the FCC's customer service standards, which require that the Company
notify subscribers thirty (30) days in advance of any significant changes in the terms and
conditions of cable service. See 47 CFR 9 76.1603(b). Again, the Company fully
complied with these provisions by providing its subscribers the requisite notice at least
9
P.44
thirty (30) days prior to making the changes.
CONCLUSION
A T& T Broadband is very committed to a positive, clear and well understood
relationship with our customers. To that end we regularly communicate our policies and
practices. The CSA amendments and Arbitration Provisions were well communicated to
our customers. The Arbitration Provisions work to the benefit of the customer by
minimizing the time, effort and cost of dispute resolution. Such provisions are favored in
the law - and in any event, are over and above any and all rights of the customers vis a
vis the LFAs under the Franchise. AT&T Broadband's Arbitration Provisions have not
been found. to violate any Minnesota law or Federal law, and they violate no
Franchiseprovisions.
We appreciate the opportunity to outline our views on this subject and, as noted
above, we would very much welcome the opportunity to meet with you to discuss these
issues.
Sincerely,
12*~~
cc: Tim Finnerty
Cor Wilson
...fIeidi Arnson
Jeff Karlson
Linda Magee
Terry O'Connell
10
P.45
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Amount
CITY OF CENTERVILLE
Cash Receipts
Tran
Oaw R~erCommeng
Batch
Narne
05117102 10:28 AM
Page 3
Account Oeser
Act
$50.307.66
FUND 43
$50.307.66
FUND 601 WATER FUND
Act Type G
$1.66
$8.72
$6.92
$5.98
Act $23.28
Act Type R
$1,571.76
$7.43
$1,500.00
$290.00
$0.39
$133.78
$3.52
$852.86
$0.71
$25.50
$1.525.27
$1,429.80
$106.65
$0.91
$4.63
$91.90
$2.45
$0.13
$18.04
$1.98
$0.11
$937.81
$2.908.97
$11.99
$188.70
$284.75
$4.39
$333.05
$0.83
$537.87
$53.74
$12.827.58
Act
FUND 60
$12,850.86
FUND 602 SEWER FUND
Act Type G
5/13/02
5/13/02
5/14/02
5/15/02
5/13/02
5/13/02
5/13/02
5/13/02
5/13/02
5/13/02
5/13/02
5/13/02
5/13/02
5/13/02
5/13/02
5/14/02
5/14/02
5/14/02
5/14/02
5/15/02
5/15/02
5/15/02
5/15/02
5/15/02
5/15/02
5/15/02
5/15/02
5115/02
5/16102
5/16/02
5/16/02
5/16/02
5/16/02
5/17/02
5/17/02
o US REC Re-trans US SURC 5-13-02U
o US REC Re-trans US SURC 5-10-02U
o US Receipt Sure 1 SALES TA 051402U
o US Receipt Sure 1 SALES T A 5-15-02U
o UB REC Re-trans US SERV 1 5-13-02U
o UB REC Re-trans UB SERV 1 5-13-02U
o 1697 HUNTER'S TRAIL 02-0 051302
o 1697 HUNTER'S TRAIL 02-0 051302
o US Receipt Serv Pen 1 WAT 051OO2U
o US REC Re-trans UB SERV 1 5-10-02U
o US REC Re-trans US SERV 1 5-1iJ.'02U
o UB REC Re-trans US SERV 1 5-1iJ.'02U
o UB REC Re-trans UB SERV 1 5-10-02U
o US REC Re-trans US SERV 1 5-13-02U
o UB Receipt Serv 1 WATER 051002U
o US Receipt Serv 1 WATER 051402U
o US Receipt Serv 15 WATER 051402U
o UB Receipt Serv Pen 15 WAT 051402U
o US Receipt Serv 30 WATER 051402U
o US Receipt Serv 15 WATER 5-15-D2U
o US Receipt Serv 30 WATER 5-15-02U
o US Receipt Serv Pen 30 WAT 5-15-02U
o US Receipt Serv Pen 1 WAT 5-15-02U
o US Receipt Serv 30 WATER 05-15-02u
o US Receipt Serv Pen 30 WAT 05-15-02u
o US Receipt Serv 1 WATER 05-15-02u
o UB Receipt Serv 1 WATER 5-15-02U
o US Receipt Serv Pen 1 WAT 05-15-02u
o US Receipt Serv 1 WATER 051002
o US Receipt Serv 1 WATER 051502ut1
o US Receipt Serv Pen 1 WAT 051502utl
o US Receipt Serv 1 WATER 05-15-02ut
o US Receipt Serv Pen 1 WAT 05-15-02ut
o US Receipt Serv 1 WATER 051702U
o US Receipt Serv Pen 1 WAT 051702U
G 601-20800 State Sales & Use Tax
G 601-20800 State Sales & Use Tax
G 601-20800 State Sales & Use Tax
G 601-20800 State Sales & Use Tax
R 601-37100 Water Sales
R 601-37100 Water Sales
R 801-37150 Water Connect/Reconnect
R 601-34600 Water Meter Charges
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Saies
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-37100 Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-34400 Safe Drinking Water Fee
R 601-37100 Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-34400 Safe Drinking Water Fee
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-37100 Water Sales
Amount
CITY OF CENTERVILLE
Cash Receipts
Tran
Date Refer Comments
Batch
Name
05/17102 10:28 AM
Page 2
Account Oeser
Act
$1.455.45
$50.00
$258.72
$15.19
$110.00
$518.60
$100.00
$20.00
$30.00
$90.00
$94.00
$20.00
$90.00
$20.00
$75.00
$8,127.99
FUND 10
$8,506.12
5/15/02
5/15/02
5/15/02
5/15/02
5/17/02
5/17/02
5/17/02
5/17/02
5/17/02
5/17/02
5/17/02
5/17/02
5/17102
5/17/02
5/17/02
o APRIL 2002 FINES/FEES - A 05-15-02
o 6845 20TH AVE S - 1 ST CLA 05-15-02
06871 BEAVER POND WAY - 05-15-02
o UB Receipt SeIV 102 CERTIF 05-15-02u
o 1608 HUNTER'S TRAIL - C02 05-17-02
07018 EAGLE TRAIL - 02-061 05-17-02
02025 GATEWAY CIRCLE - C 05-17-02
06882 DEER CT -23-31-22-33- 05-17-02
o BURING PERMIT - M. SPOR 05-17-02
o 1608 HUNTER'S TRAIL - P02 05-17-02
06845 20TH AVE - M02-024 05-17-02
o KEY DEPOSIT - WILLOW GL 05-17-02
06883 BEAVER POND WAY - 05-17-02
07332 DEER PASS - M02-021 05-17-02
o 1638 HUNTER'S TRAIL - P02 05-17-02
FUND 415 STORM WATER IMP PROJECTS
Act Type R
$175.97
$0.32
$139.06
$200.00
$200.50
$0.35
$0.47
$0.04
$183.61
$274.99
$0.51
$0.44
$61.53
$0.10
$19.72
$15.00
$0.02
$9.18
$27.00
$6.03
$60.85
$1,395.69
Act
FUND 41
$1,395.69
5/13/02
5/13/02
5/13/02
5/13/02
5/13/02
5/13/02
5/13/02
5/14/02
5/14/02
5/15/02
5/15/02
5/15/02
5/15/02
5/16/02
5/16/02
5/16/02
5/16/02
5/16/02
5/16102
5/17/02
5/17/02
FUND 438 PHEASANT MARSH
Act Type R
$50,307.66 5/15/02
o UB Receipt SeIV 10 DRAIN F 051002U
o UB REC Re-trans UB SERV 1 5-1Q-02U
o UB REC Re-trans UB SERV 1 5-10-02U
o 1697 HUNTER'S TRAIL 02-0 051302
DUB REC Re-trans UB SERV 1 5-13-02U
o UB Receipt SeIV Pen 10 ORA 051002U
o UB REC Re-trans UB SERV 1 5-13-02U
o UB Receipt SeIV Pen 10 ORA 051402U
o UB Receipt SeIV 10 DRAIN F 051402U
o UB Receipt SeIV 10 DRAIN F 5-15-02U
o US Receipt Serv Pen 10 ORA 5-15-02U
o UB Receipt SeIV Pen 10 ORA 05-15-02u
o UB Receipt SeIV 10 DRAIN F 05-15-02u
o UB Receipt SeIV Pen 10 ORA 051502ut1
o UB Receipt SeIV 10 DRAIN F 051502ut1
o UB Receipt SeIV 10 DRAIN F 051002
o UB Receipt SeIV Pen 10 ORA 05-15-02ut
o UB ReceiptSeIV 10 DRAIN F 05-15-02ut
o UB ReceiptSeIV 10 DRAIN F 05-15-02ut
o UB Receipt SeIV Pen 10 ORA 051702U
o UB Receipt SeIV 10 DRAIN F 051702U
o PARK DEDICATION/STORM 05-15-02
R 101-35000 Fines and Forfeits
R 101-32225 Electrical Inspection
R 101-32210 Building/Mech. Permits
R 101-36200 Miscellaneous Revenues
R 101-32225 Electrical Inspection
R 101-32210 Building/Mech. Permits
R 101-32225 Electrical Inspection
R 101-34107 Assessment Search Fees
R 101-32000 Special Use/Grading/Burni
R 101-32180 Plumbing Permits
R 101-32210 Building/Mech. Permits
R 101-36270 RefundsJReimbursements
R 101-32180 Plumbing Permits
R 101-32225 Electrical Inspection
R 101-32180 Plumbing Permits
R 415~32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415.32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415--32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415~32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 438-32350 Storm Water Drainage Fu
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CITY OF CENTERVILLE
Cash Receipts
05117/0210:28 AM
Page 1
I
Amount
CITY OF CENTERVILLE
Cash Receipts
Tran
Date Refer Comments
Batch
Name
OS/17/02 10:26 AM
Page 4
Account Descr
G 602-34407 Service Avaiiabillty Chary
Act
$1,200,00
$1,200,00
Act Type R
$19S,32
$49,00
$7,79
$2,858.47
$392,00
$3,249,14
$4.91
$2,107,09
$4,66
$2,000,00
$10,35
$0,80
$2,950.9S
$10S,89
$11,37
$98,28
$4,38S,92
$1,355,67
$9,84
$592,09
$2,22
$49,00
$279,22
$0,41
$245.00
$95,04
$951,21
$4.45
$44,55
Act $22,060,54
FUND 60
$23,260,54
$96,320.97
5/13/02
5/13/02
5/13/02
5/13/02
5/13/02
S/13/02
5/13/02
5/13/02
5/13/02
5/13/02
5/13102
5/13/02
5/14/02
5/14/02
5/14/02
5/15/02
5/15/02
5/15/02
5/1S/02
5/15/02
5/16/02
5/16/02
5/16/02
5/16/02
5/16/02
5/16/02
5/17/02
5/17/02
5/17/02
5/17/02
01697 HUNTER'S TRAIL 02-0 051302
o UB REC Re-trans UB SERV 1 5-1 D-02U
DUB REG Re-trans UB SERV 1 5-13-02U
DUB Receipt Serv Pen 6 SEW OS1002U
o US Receipt Serv 6 SEWER OS1002U
o US Receipt Serv 18 SEWER OS1002U
o US REG Re-trans US SERV 6 5-13-02U
o US REC Re-trans US SERV 6 5-1D-02U
DUB REC Re-trans UB SERV 6 5-10-02U
o UB REG Re-trans UB SERV 1 S-1D-02U
01697 HUNTER'S TRAIL 02-0 OS1302
o US REC Re-trans US SERV 6 5-13-02U
o UB Receipt Serv Pen 18 SEW OS1402U
DUB Receipt Serv 6 SEWER 051402U
DUB ReceiptServ 18 SEWER OS1402U
o US Receipt Serv Pen 6 SEW 5-15-02U
o US Receipt Serv 18 SEWER 5-15-02U
o UB Receipt Serv 6 SEWER 5-15-02U
o UB Receipt Serv 6 SEWER OS-1S-02u
o US Receipt Serv Pen 6 SEW OS-lS-02u
o US Receipt Serv 6 SEWER OS-lS-02ut
o US Receipt Serv Pen 6 SEW 051S02ut1
o UB Receipt Serv 18 SEWER 051502utl
o UB Receipt Serv 6 SEWER 051502ut1
o US Receipt Serv Pen 6 SEW OS-15-02ut
o US ReceiptServ 6 SEWER OS1002
o UB Receipt Serv Pen 6 SEW OS1702U
o US Receipt Serv 6 SEWER 051702U
o US Receipt Serv Pen 18 SEW OS1702U
DUB ReceiptServ 18 SEWER 051702U
R S02-37200 Sewer Sales
R 602-37200 Sewer Saies
R 602-37200 Sewer Sales
R 602-37200 Sewer Saies
R 602-37200 Sewer Sales
R 602-37200 Sewer Saies
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37250 Sewer ConnectlReconnec
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Saies
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Saies
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Saies
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
FILTER: (([Period] in(5) and [Act Year] = '2002') and rrran Nbr] In(10,13)) and ((((((Not rrran Date]=#5/1/2002#))) AND
((Not rrran Date]=#5/3/2002#))) AND ((Not rrran Date]=#5/7/2002#))) AND ((Not rrran Date]=#5/6/2002#)))
CITY OF CENTERVILLE
*Check Summary Register@
Name
MAY 2002
Check Date
05/17/0211:47 AM
Page 1
Check Am!
10100 MAIN STREET BANK
Paid Chk# 016952 CALIFORNIA CONTRACTORS SUPPLlE
Paid Chk# 016953 CENTENNIAL lAKES POLICE OEPT
Paid Chk# 016954 CITY OF ST. PAUL
Paid Chk# 016955 CORNER EXPRESS
Paid Chk# 016956 CULLIGAN
Paid Chk# 016957 EHLERS & ASSOCIATES INC
Paid Chk# 016958 GAMETIME
Paid Chk# 016959 GOPHER STATE ONE CALL INC
Paid Chk# 016960 LEBLANC, WAYNE
Paid Chk# 016961 MC PHERSEN, JOEL
Paid Chk# 016962 MCFOA.
Paid Chk# 016963 MET. COUNCIL ENV. SERVo (SOS)
Paid Chk# 016964 METRO SALES INCORPORATED
Paid Chk# 016965 MINNEGASCO.
Paid Chk# 016966 MOORE-SYKES, KIM
Paid Chk# 016967 ON SITE SANITATION
Paid Chk# 016968 PEIL, KATHY
Paid Chk# 016969 PRESS PUBLICATIONS
Paid Chk# 016970 PUBLIC EMPLOYEES INS PROGRAM
Paid Chk# 016971 QWEST
Paid Chk# 016972 SAM'S CLUB
Paid Chk# 016973 SUBURBAN INSPECTIONS
Paid Chk# 016974 SWEENEY, KRIS
Paid Chk# 016975 TIME SAVER
Paid Chk# 016976 TRICIA & THE TOONIES
Paid Chk# 016977 TRU GREEN - CHEM LAWN
Paid Chk# 016978 U.S. BANK TRUST N.A.
Paid Chk# 016979 XCEL ENERGY
FILTER: None
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
5/22102
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
5/22102
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
5/22/02
Total Checks
$79.80
$35,510.56
$164.36
$241.37
$14.22
$187.50
$400.33
$26.35
$20.00
$45.57
$35.00
$9,167.60
$1,263.03
$140.48
$114.83
$902.80
$47.40
$545.13
$4,380.22
$55.38
$1,085.04
$417.96
$15.70
$294.75
$750.00
$1,600.71
$99.85
$1,029,80
$58,655.54
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CASH/GENERAL LEDGER BALANCE RECONCILIATION
March 31, 2002
Balance Der Bank Statement
Mainstreet Bank Checkina Accaunt #3017115 $2,390,464.21
First Star MuniciPal Sweep CheckinQ #5502755 $40,277.01
Total CheckinQ Account $2,430,741.22
.
Add Outstandlna Deposits
03/31/02 $0.00
Total Outstandlna Deposits $0.00
Less Outstandlna Checks
See attached list ($59,503.79
Total Outstandina Checks 1$59,503.79\
Checking Account Balance $2,371,237.43
.
Add Investments
See attached list $2,512,259.99
Tatal Investments $2,512,259.99
.
TOTAL CASH PER BANK $4,883,497.42
TOTAL CASH PER GENERAL LEDGER $4,884,133.72
March 31, 2002
Adlustments to General Ledger
Incorrect DeDosit 1$0.02'
Ck #16812 Posted to Wrona Period ($636.35\
Total Adjustments 1$636.37\
ADJUSTED CASH BALANCE $4 883,497.35
DIFFERENCE BETWEEN BANK AND GENERAL LEDGER $0.07
5/17/02
12:28 PM
bank reconciliation3.xls
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CASH/GENERAL LEDGER BALANCE RECONCILIATION
Februarv 28, 2002
Balance per Bank Statement
Malnstreet Bank Checkina Account #3017115 $2,439,954.16
First Star Municipal Sweep -Checkin!:l #5502755 $40,277.01
Total Checklna Account $2,480,231.17
Add Outstandina Deposits
02128/02 $0.00
Total Outstandina Deposits $0.00
Less Outstanding Checks
See attached list ($72,693.90
Total OUtstandina Checks 1$72,693.90
Checking Account Balance $2,407,537.27
Add Investments
See attached list $2,509,733.10
Total Investments $2,509733.10
TOTAL CASH PER BANK $4,917,270.37
TOTAL CASH PER GENERAL LEDGER $4,917,270.32
Februa~28,2002
Adjustments to General Ledger
Incorrect Deposit ($0.02
Total Adjustments 1$0.02
ADJUSTED CASH BALANCE $4,917 270.30
DIFFERENCE BETWEEN BANK AND GENERAL LEDGER $0.07
5/16/02
1:13 PM
bank reconciliatlon2.xls
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CASH/GENERAL LEDGER BALANCE RECONCILIATION
January 31, 2002
Balance per Bank Statement
Mainstreet Bank Checkinll-Account #3017115 $2,591,209.58
First Star Municipal Sweep Checking #5502755 $40,277.01
Total Checking Account $2,631 486.59
Add Outstanding Deposits
01/31/02 $0.00
Total Outstanding Deposits $0.00
Less Outstandina Checks
See attached list ($44,272.45)
.
Total Outstandina Checks 1$44,272.45
Checking Account Balance $2,587 214.14
Add Investments
See attached list $2,501,239.18
Total Investments $2,501,239.18
TOTAL CASH PER BANK $5,088,453.32
TOTAL CASH PER GENERAL LEDGER $5,089,485.33
January 31, 2002
Adjustments to General Ledaer
Ck #16551 12/31/01 posted to Feb. 2002 ($390.76
Ck #16633 01/25/02 posted to Feb. 2002 ($641.25)
Total Adiustments 1$1.032.011
ADJUSTED CASH BALANCE $5,088,453.32
DIFFERENCE BETWEEN BANK AND GENERAL LEDGER $0.00
5/14102
2:16 PM
bank reconciliation.xls
~
~-
Centennial Fire District
Check Register
5116/02
The disbursements listed below are submitted by the Centennial Fire District for your approval:
DATE
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
5/16102
CHECK# NAME
13216
13217
13216
13219
13220
13221
13222
13223
13224
13225
13226
13227
13228
13229
13230
13231
13232
13233
13234
13235
Amoco OR Company
Anoka- Technical College
Con nexus Energy
Emergency Apparatus Maintenance
Frattallone's Hardware
Grainger
Image Printing & Graphics
Loftier Busiless Systems
Maloy, Montague, Kamowsk~ & Radosevich
Mcleod USA
Nat'llmprintlFrankUn Products
Orkin Exterminating
Oxygen SeNice Company, Inc.
awes!
Reliant Energy Minnegasco
Sam's Club
Verizon Wireless
Viking Office Products
Xcel Energy
Zep M~nufacturing Company
1 all
ACCOUNT
42100 - Fuel and Lube
42220 - Travel, Conference, School
42252 - Station 1 - Electric
42000 - Vehicle Mainlenanca
42110 - other Maintenance
42130 - Equipment Expense
42180 - Office Supplies
42110 - Other Maintenance
42160 - Accounting SeNices
42240 - Telephone Expense
42190 - Fire Prevention Supplies
42110 - Other Maintenance
42270 - Breathing Air
42240 - Telephone Expense
42253 - Station 2 - Gas
42130 - Equipment Expense
42240 - Telephone Expense
42180 - Office Supplies
42254 - Station 2 - Electric
42230 - Cleaning Supplies
Total
AMOUNT
249.76
396.00
267.29
1,345.38
2.94
172.87
41.80
31.51
422.00
358.23
881.24
51.12
310.27
297.85
332.24
813.25
152.14
276.57
440.45
ZEQl
$7,129.98
., f
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'Esta6fisfied 1857
STAFF REPORT
DATE:
May 22, 2002
TO:
Mayor and Councilmembers
Kim Moore-Sykes, City Administrator ~
Proposed Change in Agenda Format
FROM:
RE:
,...........................................................................
BACKGROUND
In a recent discussion with the Mayor, we discussed ways in which city hall processes
can be simplified. One item I see that is in need of simplification is the Council meeting
agenda. Under the current agenda fonnat, issues can come up for discussion three
different times during the course of a Council meeting. For instance, if an issue requires
a public hearing, that issue is considered at that time; then the issue is again discussed in
the "Appearances" section of the agenda whereby the individual requesting the public
hearing is asked for the second time to speak on the issue; and then the issue reappears
for the third time at ''New Business", where it is again discussed at the CouncilleveI.
This process can and does require a great deal of time from the Council, the petitioner
and others waiting to address the City Council.
I propose that the Council consider condensing the agenda so that issues are disCussed
and decided once in the agenda. Using the above example, the public hearing on the
issue is opened; public comments regarding the issue are received; questions of the
petitioner are asked and the public hearing is closed. Then the Council discusses the
issue and any further questions are directed to staff and/or the petitioner. Once the
Council is satisfied that the issue has been thoroughly considered, then the Council takes
action on the issue and moves to the next item. In this way the meeting continues to
move forward.
~
Attached is a copy of the proposed condensed agenda furmat that Staffwill implement
with the next Council meeting.
ervifCe
'EstaDBsIied 1857
CITy OF CENTERVlLLE
COUNCIL MEETING AGENDA
VVEDNESDAy,~Y22,2002
6:30 P.M.
1880 Main Street . Centerui/le, 9tf!:V. 55038
(651) 429.3232 .:F~ (651) 429-8629
L CALL To ORDER
II.
ROLL CALL
Mayor Swedberg
Councilmember Broussard Vickers
Councilmember Capra
Councilmember Nelson
Councilmember Travis
m. ApPROVAL OF AGENDA
AWARDslPRESENTATIONslApPEARANCES
-r
&J tf;-
APPROVAL OF COUNCIL MINUTES
. CONSENT AGENDA
PuBuc HEARING(s)
COUNCIL BUSINESS
TlUS IS WHERE BOTH NEW AND OLD BUSINESS ITEMS WILL BE PRESENTED,
DISCUSSED AND CONSIDERED.
IX. ANNOUNCEMENTS AND UPDATES
X. ADJOURNMENT
l
r
I '
JANE KRENTZ
Senator" District 51
III State Capitol
76 Constitution Avenue
St. Paul, MN 55155-1606
Phone: (551) 296-7061
Fax: (651) 296-6511
internet e-mail .
senjane.krentz@sena1e.leg.state.mn.us
May 3, 2002
Jim March
1880 Main Street
Centervill 55038
Dear Co
March:
MAY 0 ~ 2UO,
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Senate
State of Minnesota
Greeting. want to take this opportunity to touch base with the elected officials of the area.
As you know, Centerville is now in the newly created Senate District 52, which includes my
home on Square Lake in May Township. I am proud to have represented Centerville and
many other communities in northern Washington and Anoka Counties in the Minnesota
Senate for the past ten years.
I am currently the Chair of the Environment and Natural Resources Committee, and I also
serve on the Environment & Agriculture Budget Division, E-12 Education Budget Division,
Education Policy Committee, Crime Prevention Committee, and FinanceCommittee.
I plan on visiting all of the sixteen communities and six school districts that make up the new
Senate District 52. I wanted to wait until my legislative responsibilities were completed and
hope we will finish our work soon. I am concerned that if we do not reach an agreement with
the House, the Governor will simply unallot funds to cover the $439 million shortfall. The
most likely targets, as you probably know, would be state aid to school districts and local
governments, which would shift additional burdens onto local taxpayers. I am opposed to
this approach, and am committed to working with you and other local officials to ensure a fair
resolution to the budget impasse.
The communities that are included in the new district 52 are May Township, Marine on St.
Croix, Scandia, Forest Lake, Hugo, Lino Lakes, Centerville, Linwood, Columbus, Stillwater,
Stillwater Township, Dellwood, Willernie, Mahtomedi, Birchwood Village, and Pine
Springs.
I am planning on visiting with all of the elected officials in the new district, and I look
forward to seeing you at your May 2200 council meeting. Please don't hesitate to contact me
if I can be of any assistance. ~
ly,
.............~. ~r~!
tor Jane Krentz
. , Environment & Natural Resources Committee
G
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Consumer Piber
COMMrITEES: Environment and Natural Resources, Chair . Education. Finance. Crime Prevention.
E-12 Education Budget Division. Environment and Agriculture Budget Division
SERVING: Blaine, Lexington, Lino Lakes, Centerville, Forest Lake, Scandia, Marine on St. Croix,
Hugo, sod May Township
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PlIIle 881 Of 1183
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A w.llIdy legislative updiue from the LelJgue of MlnnesotlJ Cilin
The lias' couotdown
With less than 88 hou", until the legislature will
adjourn sine die for this 5elisiou, much legislative
work remains on the table even with the large
iasueli of policy, spending, and saving already at
the governor's desk. As of this publication's noon
deadline, there had not been word from the
governor's office on whether he would veto the
budget or tax bills. The major transportation
funding package has been declared dead by the
transportation advocates. At this point, the buzz
centers around the activities of the bonding and
anti-terrorism bill negotiations. A stadium bill
could see action on the floor still, and the
governor is pressing legislators to take a vole on
tbe unicameral issue. No daubtlegislators will
use these IlI5l few nights and days to put it all
together before going home for a summer of
parade appearances and candidate forums before
the November elections.
2002 Omnibus T8X Bill
Late Wednesday night, the House and Senate
each passed the omnibus tax conference
nnmmillnn ml'nrt, ITJi ~w')~ nn" r,nnt thn tmr
package off to the governor thus meeting their
midnight deadline. For most of this session, the
speculation was that there would not even be an
omnibus tax bill. This omnibus tax package was
nrnftnn n",inn Ihn hllnnn' hill nnnfnrnnnn
committee ~gotiations earlier this week, and was
amended onto last year's regular session lax bill,
which was lefl behind in tax committee after ~he
regular session ended without a tax bill.
What tollows 15 a bnel summary ot prOVISIOns In
the tax bill affecting municipalities. More details
will follow as this bill moves through the
governor's office. Please call if you have
~1I'1l.11~11"
!nils tmd aitls
- Allows a new special levy for any increased
levy need to meet required contributions for
May 17, 2002
Page 1
police and firefighler relief associations, in excess
of any levy for this purpose in 2001, payable in
2002. Effective besinning with pay 2003 levies.
- Allows for increasing the levy limit base for
taxes levied in 2002, payable in 2003 by the
amount of tree growth tax a city or county
receives in payable 2002 (only a few cities in
northeaslern MN receive tree growth aid) and for
the amount of mobile home HACA received by a
city payable in 2oo1.Tree growth revenue
payments are eliminated beginning in 2003. City
mobile home HACA payments were eliminated
beginning in 2002.
- The statutes are amended to reflect the two-year
delay (enacted in 2000) for when "existing low-
income housing aid" is to be folded into each
city's local government aid base. Effective for aid
payable in 2002 and after.
- A change to the homestead classification
clarifies a 2001 law change affecting property
that is classified partly as homestead and partIy as
nonhomestead property. This provision is
inlendeclto mitigate the large tax increases that
nnnlllm" fhir. yonr fnr r.nmn nffhlll.o 'r'l'lIf'
properties.
- Hermantown's LGA base aid is increased by
$200,000. The city had received a $200,000
increase in its HACA in 1995. This provision is
IU~..J...J Lu ,",ulUpwu.aAh.. JI"uuauLuwu LVI U.... l~
of that HACA increase when the HACA program
was eliminated in 200l.
- County HACA is increased for counties with a
~fl~ ,I"'IU!,I If 1111111 'lI~lII1Ullh!1 ,.., III!I
The 2001 tax bill provided sisnificant relief to
public utility properly and in certain areas of the
state and the result was sisnificant shifts in IlIxes
10 other types of property. The aid will miliRBte
UH' uUI'II.",l ",L Llw ...Iuu.... III Lhu !JW'1 L~ "IU In null
Lalce, Killson and Clearwater Counties.
FnT TmM In'nmtIltlM n. rll'( IflrllNlIll\lfil lMUM. ~nlllrl"Y mlml'ull' ftt' 1M I M1'\lIl11 nfMianMnlll r'11l. ln1f1Ir/'VPI1Imjll1ll,ll R~lllfnnlllMm.
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tIcly 172882 15:Z?:5B Ilia Pax
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651 429 BG2'3 AdJn i nistrator
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A weeldy IeglsllZllve uptiarefrom 1M League of Minnesola Clites
'....,......f M/...... (-IHq.o
Cit.w~Ilt'~t.,,"&w.>.r
SailS alUllodgm, twces
. The liSles lax exemption for construction
malerials for low-income housing is expanded 10
include more Iypes of housill8 projects.
- Exemption from sales lax for construclion or
renovalion of facililies owned or operated by
nonprofit arts organizalions if these projects
receive funding in lhe 2002 bonding bill.
. Authorizalion for Bloomington 10 increase ilS
lodging lax {10m one 10 Iwo pelCeDl upon local
approval.
. Aulhorization for Rochesler to impose an
addilional one-pelcenllodgill8 tax.
. Authorizalion for six cilies in SL Cloud area to
impose a one. half percent local sales lax 10 fund
improvements 10 regional airport. Extra proceeds
may be used for olher projects of regIonal scope
including parks, libraries, communily centers,
and roadway improvemenlS. The cities of
SL Ooud and Sarlell have already received voter
approval; the cilies of Sauk Rapids, Waite Park.
St. Joseph and SI. Augusla musl slill receive
vOler approval.
- Delay of Ihe slale administration of Ihe Duluth
sales tax unlil January 1, 2006.
Tax increment fllUUlcm, provisions
- The city of Moorhead is authorized 10 levy a
properly lax on commercial. industrial properly
and public utility property to pay for pre-existing
laX increment financill8 (TIF) obligations. The
amount of the levy is limited to the amount
needed 10 pay for deficits in TIF districlS caused
by the property tax class rate changes and the
elimination of lhe slate general education levy
contained in the 2001 lax bill.
- The Iypes of propelly lhal qualify fOI lhe
property tax exemplion under the bordel cily
development zone law are expanded to include
hcusing (homestead and non.homestead
residential and apartmenlbuiJdings). Effective for
May 17, 2002
Page 2
the 2003 assessmenl year. Border cit y
development zone alloC/ltions are also authorized
to be used to grant sales tax exemplions for
conslruction matelials for housing thai is localed
in the zone. Effective for sales made aflel June 3,
2002.
- Cilies ale authorized to use the deficit reduction
provisions (allowill8 Ihe original lax rale 10 float
and changing the fiscal disparilies election)
without being requiled 10 pool available
increments from olhel districts firsllo leduce the
deficits. Effective fOI actions laken and
lesolutions approved after Iune 30, 2002.
- Twenly-year propelty lax abatements ale
authorized for businesses with at Ieasl 50 percent
of lheil payml! payable 10 employees who arc
engaged in manufacturing. aglicullural
processing, mining, research and development,
wale housing, or qualified high lechnology. The
authority to grant 20-yeal abalements to qualified
businesses expires July 1. 2004.
- The cilies of Rushford and Minneapolis and
Dakota County wele granted Ihe authority to
exlend Ihe duratiom of cerlain TIF disllicts. The
cily of Albert Lea was granled the authority 10
create a TIF district without cellain genelal TIF
law restrictions.
Misce11a.neous
- The cily of Thief River Falls is aulhorized 10
incorpolale a nonprofil corporation to operate a
community or regional cenlel.
&pealers
- Repeals Laws 2001, First Special Session
chaplel S, allide 3, section 88. This provision
authoIized Chisago Cily 10 Plovide
reimbursement fOI olderly annexalion of property
Ie the lown of Wyoming for Ihe period and in Ihe
amounts agreed to by the cily and lown under a
joint powel'll agreement.
For more In!ormalion on city 11&(slll(ve iSlllill, eont&c.t Iny milmb<< of lM LAaau of Mlnnoo\l em.. Inl81SOV.lun.nlal a.t.llonlli leArn.
651.281.1200 or 800.925.1122
.'
lIlIy 172082 15:28:41 'ia Fax
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651 42'3 ~29 Acbtinistrator
PClIIC 883 Of 883
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A weeldy l"gulDllve updale from rhe League of Minnesola Clrles
2002 Public Finance Bill (SFZS72 (HoUiapr) -
substilutiall (51<'3343 Rat I HF 2879 Abrams)
Lale Wednesday evening the Senate/House
conferees completed their work on the public
finance bill. The provisions eclipse the original
focus of lhe bill that was to establish the Region
Nine Development Commission nonprofil
corporatiolL
Key provisions of lhe bill include:
. Removes lhe counly residency requirement
when selecllng qualified commissioners to
eminent domain commissions,
. Provides for lhe St. Paul library levy to be
listed separale from lhe remaining amounl
of Ihe clty's levy. Provides for an
Independenlllbrary agency for lhe clly and
authorizes the agency 10 Issue general
obllgallon bonds.
. Expands tbe projects eligible for USDA
Rural Developmenlloans and Increases Ibe
maximum loan amounl from $250,000 10
$450,000,
. Provides for public notice requirements 10
the public and property owners of properly
to be acquired via eminent domain when
part of development project Is under MS
469.
. Provides that general obllgallon revenue
bonds maturilles may not extend more lhan
30 years from the estimated dale of
completion of lhe project and extends tbe
malurlty of housing bonds from 20 years to
30 years,
. DeOnes under MS 469.153, "relaled public
Improvements", as any public Improvement
described under MS 429.021 that are
acquired and construcled in connecUon
wilh lhe project and are financed by the
contracting party under the revenue
agreemenl.
. Extends 1M abllily 10 refinance Ihe deb! of
nonprofit corporations 10 a variely of
S01(c)(3)organlzatlons engaged In heailh
.
May 17, 2002
Page 3
care, educallonal acllvilles, arlS education
and sodal services.
Places IImllalfons on bonds Issued for
extralerrltorlal projeclS.
Allows Metropolitan Council 10 provide for
funding 10 munlclpalllles for Ute production
of affordable housing.
Granting munlclpalllles Ibe authority to
issue bonds under MS 475 for slreet
reconslruction wllhoul regard elecllon
requlremenl&. Conditions on tbe aUlhorlly
include approval of lhe Issuance by
unanimous council vole, Is part of the
reconstruction plan, public notice Is
provided, reverse referendum, and Is
SUbjecllO the munlclpalllles nel deblllmll.
Allows tbe Soutbwest Regional
Development Commission to levy an
addtt1onalamounlto retire the rel1lllning
deb! connected wilh the Prairie Expo.
projeClln Wortblngton
Grants Soulh St. Paullhe ability to convey
real estate 10 advance construction of
resldenlla I dwellings.
Amends the levy provisions governing lhe
Cook Coonty Hospital District.
Establishes tbe Region Nine Development
Commission.
Granls Anoka Counly lbe authority 10 Incur
debt for building out Its public safety
comllllnlcallon system.
Directs the establishmenl of a single
coordlnaled economic development
aulhority for lhe Alexandria area known as
tbe Lakes Area Economic Development
Aut horlly.
Guide. lite use of lax forfeited land
proceeds Cor properly in St. louis County.
InC%eases the amount Ilasca County can
spend annually for the prol11Ollon of
tourism, agrlcullure and Industrial
development from $4 to $10 per capita out
ofproceeds from sale or tax forfeited land
dedicated for those purposes.
.
.
.
.
.
.
.
.
.
.
Por ~r.ll\rOrmIUon OR cil)' l'sill.Uv.I..u~ conlacl an)' rnmber of lh.lAIau- of Mlullota Chili 1n1.J.C'....n.ZMnllllltl&lIou leam.
651.281.1200 or SOO.~2S.1122
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1!a)""1T,oZ oa,4!lIIII FrarANOKA CWITY ELECTICIlS I'OTER REGIS
+783320284
T-.406 P.Ol/04 F-iZ3
,
.'
COUNTY OF ANOKA
otilu of EJectums " Voter ~a[ioo
325 East Main Slreet, AnCka MN 55303
PHONE; (763) 323-5275 FAX: (753) 4.22.7526 TOOlTTY: (7SS) 323-5289
May 17, 2002
TO: Election Lil\iSons i:-.. ..A.
FROM: Gary A. Poser, Supervisor of Elections {j W ~
SUBJECT: New 2002 County Commissioner Districts
Today, the AnoKa County Board adopted Resolution 1f2002-85 reClistricting 2002
County Cor,nmissioner Districts.
Enclosed you will find a map of the new dIstricts and a copy of the resolution
Clesignating the precincts in each commissioner district and the terms of each district.
Additional information regarding redistricting will be included in the June edition of ACCESS.
Please contact me il you have any questiOns.
Ma~lT-02 08:46111 Fr.ANOKA COlllTY ELEtTICfiS VOTER REGIS
+76332"284
T-406 P.02/04 F-823
"
EXHIBIT A
SAINT I'/IANClS
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UNWOOa TO_$/lIP
EAST SET!fll~
,
i
SURN$ TOWNSHIP I ICGROVE
I
1 ,
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,
i 2
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~, CO~l.JAfBUS TOWNSHIP
RAMSEY 6
NDO~1l I1AIIlUKE
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5
~LAJNE
L.. L
CiTERj
I.I.NO ~AKri--
Anoka County
Commissioner
Districts
SPRING liE FARK
FlllOUY
2002
.4
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~17-o2 08:4hI Fr-.lNOKA COlM"( ELECTICIlS V07ER REGIS
+7833281284
T-408 P.OSl04 F-823
RESOLunON dOO2"S
REDISTRICMNG COUNTY COMMISSIONeR DISTRICTS
WHEREAS. Minnesota Statutes Chllpter 375 estabfillhel 1I1e proceclure and requires a
process for redistricting County Commissioner OielriClS based on popLllation figUres from 1I1e Federal
Census; and,
WHEReAS. Minn.SOIa SIIIMe ! 2048.135, subd. 2 reqlJirGSll'Iat County Commissioner
OilllriClS be redistricted within 80 days of when the legislalure hili been rlKliSlricted Or at leUl 15
weekS before !he state primary election, whIChever comes first; and.
WHEReAS, pureuant to ltlllSe statules lhe 2000 Fllderal Census population figures shall be
uSlldlo I'Ildlstrict!he AnOl<a County COmmiMionerOiSlriCII by May 2S, 2002, and Ihat Commissioner
DiltriCII snail be bounded by lOWn, municipal, ward. ci1y dilllrict, or prec;inct lines; and,
WHEREAS, !he Anoka County SOard of COmmiSSIOners haS conSidered me posslbili1y or
po1enQal fer muimiling minerlty representation on 111. board of oommiseion8l'8: and.
WHEREAS. Anoka County publiShed a three wee/< notice in me newspaper having 1I1e
contract for publillhing !he oommiaslonere' proceedings for the ceunty for 2002; Ind,
WHEREAS, Anol<a CO\lnty conducted a pL.lblic: meeting on redl8lricting May 17, 2002:
NOW, THeREFORE, se IT RESOl-veD lnal1he Anoka County !Soard of Commissioners
hereoy redilllrictlllhe County of Anoka, folloWing town, mWlicipal, ward, city district, or precinct lines
as resS1Bblished in April 2002, and establishelllhe lengln of the lerms as follows:
District 1 . City of Sl. Francis. City of Bell'lel, Township of Bums. CIlY of Ramsey, Cily of Oak
G/'OIIe PrecinCl2, City of Andover Precinct 1. Precinct 2, and Precinct 4 . City of Anoka
PrecinCl 2, and Precinct 3 (4.year term .2002 Elec:tion).
Dislrict 2 - City of EIlIl Bemel, Cily of Ham Lake, City of Blaine District :3IPrec:inct 1, Distrim
3IPrecinct2, and DistriCl3/Preclnct2A, City of Oak Grove Precinct 1. CIly of Andover
Preeinct7. PrecinctS, and Precinct 9 (4-year lerm - 2002 Elliction).
District 3 - CIly of Spring I..ake Pari< PreCinct lA, Pr8Cinct 2, and PrecinCl3, CIly of Fridley WlIrd
31PrecinCI 1, City of Blaine Oistnel l/Precinct lA, Dislrict lIPreclnct 3, District
l/PreclnCl 4, Dislri01l/Prec:inct!l, Disl!ict 1/PrecinctS, Distnel 21Precinc:t 1. District
21Precin012, District 21Precinct2A, Disln0121Precinct S. Oilllriet2IPrec:inc:t 4, District
21PrecinCl 5. Di8lriCl 21Precinct 8, District 31Preclnct 3. District 3/PrecinCl 4. and
District 31Precinct5 [+year lerm . 2002 Election).
Districl4. City of Columbia Height!l, City of Hilltop. City of Fridley Ward 1/Precinct 1, Ward
l/Precinct 2, Ward l/Precinet 3. Ward l/Prec:inCl 4, Ward 21Prec:inct 1. Ward
21Precinct 2. Ward 21Prec:inct 3. Ward 2IPrecinct 4. Ward 2IPreclnct 5, Ward
3/Precinct2, Ward 31Precinct 3; and Ward 3/Preoitlot 4 (4-yearllrm . 2002 Election).
May-17-o2 08'47am Fr_ANOKA Cilum ELECTICIlS VOTER REGIS
+7833235284
NOS P. O~ H23
"
Disllict !5 . CIly of Coon Rapids Ward 21PreClnCll , ware 21Precinct2, Ward 21PreCincl 3, Wara
21precinct 4. Wan:! 31Preclnct 1, Ward 31Precinct 3, Ward 3tPrecmct 4, Wan:!
5tPreClnct 1, Ward 51Precjncr 2, Ward 51Preclnct 3. Ward 51Precinct 4, and Ware
!5IPrl!lcinct 5, City 01 AndOver Precinct 3, Precinct 5, Precinct 6, and Precinct 10
{conlinuation of current term - 2004 Election (2-year term)).
District 6- City of Centerville. City of Circle Pines, Township of Columbus, City of Lexington,
City of Lino LUes, Township of Linwood and City of Blaine D,strict llPrecinct 1. and
District l/Precinct2 (2-year term . 2002 Election).
District 7 - City of Ancka Precinct 1, Precinct 4. Precinct 5, PrecInct 6, PreClncl7, and Precinct
8, City of Coon RaPidS Ward 1/?recinct 1. Wan:! 11?recinct 2, Ward l/?recinct 3,
Ward 1 IPrecinct 4. Ward 3/PrecinCl2. Ward 41Pracinct 1. Ward 41Precmci 2. Wl!rd
41Precinct 3, Ward 4/PreCinCl4, and Ward 4/Precinct5 (continuation of currenrterm-
2004 Election (2-year lem)).
Be IT FURTHER RESOLVED mat me County Administratoris dtrected tel file me rediStricting
plan wllh the DiViSion Manager 01 Govemmental Services l:ly May 17, 2002, 10 be effective on June
17. 2002. for me 2002 primary and general election and publish in Ihe AnOl<a County Union, Coon
Rapias Herald. Blaine/Spnng Lal<@ Park Life, Sun FOCllS Newspaper, Faresl Lake TimllS, and Quad
Community Press.
BE IT FINAU. Y RESOLVeD that the districts are, for iIlu~tive purposes, identified in a map
of the ooLlnty atUlotled hereto and mar1<ed Exhibit A whicl't by reference is hereby made iii pan hereof.
.
".\../
P
ervU{e
'Estafi1sfid 1857
1880 'MamStreet ~ Centervil!e, '7If.9f. 55038
(651) 429.3232 .!F~ (651) 429.8629
May 14,2002
Mr. and Mrs. Scott Everson
6987 Brian Drive
CenterviJle, MN 55038
Dear Mr. and Mrs. Everson:
The City recently received a complaint that you are directing the water flow from your
sump pump into the street, wbich is a violation of CitY Ordinance. Enclosed, please :find
Ordinance #57 that Pertains to same.
In February of this year, you also received a letter requesting that you redirect the water
flow from your sump pump to the west so that the water flows into a drainage pond
adjacent to your property and it appears that you have not complied with this request.
You will have 30 days from the date of this letter to correct the situation. I will also
remind you that redirecting discharge from a sump pump to a floor drain or other sewer
inlet is illegal.
If you have any further questions or concerns, please don't hesitate to ca1l me at City
Hall.
s~_
~~
City Administrator
L_~
l'
tervi{{e
'Estabfisheti 11J57
1880 9.Win Street . Centeroilfe, '.Jvfst{ 55038
(651) 429-3232 . !Fa;"( (651) 429.8629
May 14, 2002
Mr. and Mrs. Fred Hollenkamp
6922 Dupre Road
Centervi1le, MN 55038
Dear Mr. and Mrs. Hollfmlcamp:
The City recently received a complaint that you are directing the water flow from your
sump pump into the street, which is a violation of City Ordinance. Enclosed, please find
Ordinance #57 that pertains to same.
The City requests that you correct this violation within 30 days from the date of this
letter. I will also remind you that redirecting discharge from a sump pump to a floor
drain or other sewer inlet is also illegal. .
The City would like to thank you in advance fur your immediate attention to this matter.
If you have any further questions or concerns, please don't hesitate to call me at City
Hall. '
Sincerely,
Enclosure
eroi{{e
'Esta6CisIid 1.857
1880 'MoinStreet . CenterPiUe,9tf!1tl55038
{651} 429-3232 .!F~ {651} 429-8629
May 14, 2002
Mr. and Mrs. Curtis Coffinan
7041 Brian Drive
Centerville, MN 55038
Dear Mr. and Mrs. Coffinan:
The City recently received a complaint that you are directing the water flow from your
sump pump into the street, which is a violation of City Ordinance. Enclosed, please:find
Ordinance #57 that pertains to same.
The City requests that you col1'ect this violation within 30 days from the date of this
letter. I will also remind you that redirecting discharge from a sump pump to a floor
drain or other sewer inlet is also illegal.
The City would like to thank you in advance for your immediate attention to this matter.
If you have any further questions or concerns, please don't hesitate to call me at City
Hall
s~_
. Moore-Sykes
ity Administrator
Enclosure
ervi[[e
'EstaGfisfted 11357
188a 9>fain Strut . CenterrJi[{e, 9tlN.. 55a38
(651) 429-3232 . 'F~ (651) 429-8629
May 14, 2002
Mr. and Mrs. David Billingsley
6923 Sumac Court
Centerville, MN 55038
Dear Mr. and Mrs. Billingsley:
The City recently received a complaint that you are directing the water flow from your
sump pump into the street, which is a violation of City Ordinance. Enclosed, please find
Ordinance #57 that pertains to same.
The City requests that you correct this violation within 30 days from the date of this
letter. I will also remind you that redirecting discharge from a sump pump to a floor
drain or other sewer inlet is also illegal.
The City would like to thank you in advance for your immediate attention to this matter.
If you have any further questions or concerns, please don't hesitate to call me at City
Hall.
'-
Enclosure
.
r -
.
ervi{[e
'Estt1.6Cisfid 1857
1880 'MainSttUt . Centeroilfe, ~55038
(651) 429-3232 .!F(1;( (651) 429-8629 .
May 14, 2002
Mr. and Mrs. TholllllS French
6921 Dupre Road
Centerville, MN 55038
Dear Mr. and Mrs. French:
The City recently received a complaint that you are directing the water flow from your
sump pump into the street, which is a violation of City Ordinance. Enclosed, please find
Ordinance #57 that pertains to same.
The City requests that you correct this violation within 30 days from the date of.this
letter. I will also remind you that redirecting discharge from a sump pump to a floor
drain or other sewer inlet is also illegal
The City would like to thank you in advance fur your immediate attention to this matter.
If you have any :further questions or concerns, please don't hesitate to call me at City
Hall.
g~~~
. Moore-Sykes
City Administrator
Enclosure
.
r
, I'
fOR IMMEDIATE RELEASE
May 14,2002
Anoka County Commissioner Paul McCarron Not Seeking Reelection
After serving as an elected official for more than three decades at three levels of
government, County Commissioner Paul McCarron will not be a candidate for
re-election for the commissioner seat which he has held for 20 years.
During his many years of service to the corrununities of Spring Lake Park, Circle Pines,
and parts of Fridley and Blaine, Commissioner McCarron has provided leadership in a
broad range of programs. Early in his years as County Commissioner, Paul served as
liaison to the Library Board and on the Health and Human Services Committee.
Commissioner McCarron's commitment to public safety resulted in the development of a
collaborative relationship between the County Board and the Sheriff. He has provided
leadership in developing comprehensive solid waste management programs for Anob
County. He was instrumental in reorganizing the county administrative structure to
become more efficient and effective. Most recently, McCarron provided the vision and
strategies for achieving commuter rail services for Anob County residents.
Paul McCarron's years of public service began with the Spring Lake Park Planning
Commission in 1966. He joined the Spring Lake Park City Council in 1969 and served in
the Minnesota House ofRepresen1atives from 1973,82. A life-long member of the
Democrat-farmer-Labor (DFL) Party, he was endorsed by the DFL and labor in each of
his election campaigns.
In addition to his years in public service, Paul McCarron is active in many community
service organizations, including Ro1ary, Lions International, American Legion, Disabled
American Veterans, and chair of the Navy Recruiting District Assistance Council.
CONTACT: Paul McCarron (763)784-9773
r
.
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t...g... of ~ em-
Ci_~ l",W
145 University Avenue West, St. Paul, MN 55103-2044
. Phone: (651) 281-1200 . (BOO) 925-1122
TDD (651) 281-1290
!Me Fax: (651) 281-1299 . LMCIT Fax: (651) 281-1298
weh Site: http://www.lmnc.org
.LMC
April 3, 2002
.APR 82M2
Dear City Clerk:
I'm happy to invite you, others from your city staff and your city's elected and appointed officials
to the LMC Annual Conference 2002! This year, the Annual Conference is at the Mayo Civic
Center in Rochester, June 18th-21St. Its theme, New Neighbors, New Citizens, New Ways,
spotlights Minnesota's broadening cultural diversity.
We're sending along this packet of mateiials to get you starte(}-enclosed you'll find the
Preliminary Conference Program, Registration and Housing information, and information about
several fun-to-know features of the conference.
This year, the LMC Conference Planning Committee has designed an Annual Conference that's
not to be missed! Here are just a few of its highlights:
y" Critical and key topics addressed in 30 Concurrent Sessions-topics to suit every city!
y" Session tracks specifically geared toward Small Cities, Greater Minnesota Cities and Metro
Cities
y" Inspiring keynote speakers and specific sessions concerned with our 2002 theme of New
Neighbors, New Citizens, New Ways
y" 150 vendors in Cities' Exposition 2002, and Door Prize Awards every city can use!
y" A welcoming, quality program for Minnesota's Youth Delegates
y" Recognition of outstanding contributions to the govemment of our Minnesota cities
y" Several delightful opportunities to network with other mayors, councilmembers and city staff
We're anticipating a great Annual Conference in Rochester, and hope you'll find this year's
conference opportunity to be a good value. Plan to be a vital part of the LMC Annual
Conference 2002, and register nowl Please review the enclosed materials and complete the
enclosed registration. form. Retum it to us at the League of Minnesota Cities, along with the
registration fee. Better yet; register online at www.lmnc.oro.
Register as soon as possible-we'll be happy to hear from you!
If you have- questions or concems, don't hesitate to call Rebecca Erickson at 651/281-1222.
.
Sincerely,
OJ,"{ .
to:;~oOley, Manager
Conferences & Training
AN EQUAl. OPPORTUNITY! AFFIRMATIVE AcnON EMPLOYER
.
-.
AMISH TOUR RESERVATION FORM
NAME
CITY
ADDRESS
MAKE CHECKPAYAllLE TO CTIYOF ROCHESTER AND SEND TO:
PARK & RECREATION DEPARTMENT
201 4 STREET SE - ROOM 150
ROCHESTER, MN 55904
ATTENTION: AMISHTOUR
FEE PAID
.
r ·
, ""
LEAGUE OF MINNESOTA CITIES CONFERENCE
FAMILY ACTIVITIES
PLUMMER HOUSE TO~ & LUNCH
TOUR OF GONDA BUILDING
THURSDAY,JUNE 20, 2002
COST: . $11.95 PER PERSON
LIMITED TO THE FIMT 40 PEOPLE
,
TOUR INCLUDES THE FOLLOWING:
.
~ SELF-GUIDED TOUR OF PLUMMER HOUSE OF THE ARTS
The Plummer House is the former home of Dr. Henry PlU1lllller, who
was associated with the Doctors Mayo. A tour guide will be at
the House to answer any questions you may have of the House.
~ LUNCH - A choice of either chicken salad or seafood salad and all the
trimmings
.:- TOUR OF THE GONDA BUILDING
The Gonda Building opened in 2001. It is the centerpiece of the
most extensive building program in Mayo Clinic history. The 20-
story building is linked with the Mayo Bui1ging and the Charlton
Building of Rochester Methodist Hospital, forming the largest
interconnected medical facility of its kind in the world - more
'than 3.5 ,million square feet.
ITINERARY
11:00 a.m.
12:00 noon
1:15 p.m.
Bus leaves from the Mayo Civic Center Lobby for
PlU1lllller House
Lunch
Bus leaves for tour of Gonda Building
(Tour lasts about one hour)
Following the Gonda Building Tour, you are free to head back to your hotel
or visit some of Rochester's other downtown sites.
PLtIMMER. HOOSE/GONDA Bt1:ILJ:l:ING TOtms REG:IS'rRA'l'IoN FOlilM
NAME
CITY
ADDRESS
M100l CHECKS PAYABLE TO THE CITY OF ROCHESTER AND SEND TO:
FEE PAID
.
l1ARK AND RECREATION DEPARTMENT
ATTENTION: CITY TOUR
201 4 STREET SE - ROOM 150
ROCHESTER, loIN 55904
Please select one:
_ CHICKEN SALAD
_ SEAFOOD SALAD
L-..--_ __ ____
.
'~
"If civilization is to
survive, we must cultivate
the science of human
relationships-the ability
of all peoples, of all kinds,
to live together, in the
same world at peace. >>
-Franklin D. Roosevelt
Award Winning
Rochester, Minnesota
Home of the world-rentJW7led
, Mayo Medical Center
Home of the largest IBM
complex tmtkr 11m roof
Home to prestigious awards
that place it among Americas
Most Liveable Cirin
. Home to 85,806 adults,
kitls, e/Jm, men, women,
11U!chtmics~ nurses~ artists,
executives, pet Iuvers, tuchm,
athletes, community builders,
and tbeamm--a diversity
of cultures and communitUs
Hbst to LMC's 2002
Annual Conference
2002 LMC Annual Conferenee
'001
Minnesota is home to a rich diversity of cultures.
Our first immigrants arriv<:d in the 1830s to work in lumbering and
farming. New neighbors of African des=t moved to Minnesota after
the Civil War, and lived an<1 worked mainly in Minnesota's cities. By
1900, Scandinavians oumumbered those from any single country. Later,
nearly half of all MinnesotanS were of Gerinan anceStry. In the 1920s,
migrant farm wOtkets of Mexican descent made way fot Spanish"
speaking citizens, and in the 1980s, Minnesota became home to many
Southeast Asian refugees.
The 2000 Census tells Minnesota's latest story of a changing cultural
landscape. Whether you're a leader in a rural ciry lIr in the metro,
wharever the economic base of your community, whatever your city's
opportunities disguised as challenges-you are leading in a climate of
unparallded change.
IMe's 2002 Annual Conference bring:s you this ".,..rs Conference
thenur-New Neighbors, New Citizens, New Ways.
It's exclusivdy geared to leaders like you, spodighting strategies and
inspiration to hdp you conn= effi:crivdy with all your citizens!
LMC Annual Conference Overview
1\Iesd8y,
~18
Registration
Open-3 p.m.
Exhibitor
Welcome
R.ecepcion-4 p.rn.
Minnesota Cities:
The Greatest
Show on Eiuth
ft...,;.g .,.,.u.
fizmoar Laser
~
6:30 p.m.
WedRMday,
June 19
Cities' Exposition
7:30 a.Ol.-6 p.ol.
Opening Keynot.,
Michael A. Gaido,
Mayo~ Dearbotn
Michigan-8:45
Conkrenco Within .
Conkren=-10:45 a.m.
Concurrent Sessions
10:45 a.m.
E:mibi",r and MWCG
Lnncb<o.....12 p.ro..
Mini-Conf=nce:
MeeriDg ChaIlenp
Facing AU llL:ctcd
Officials--l:30 p.m.
Concurre:nt Sessions
1:30pm.
. LMCSponson'Citdc
Door Prize Awaxds
4:45 p.m.
City N"lghr in RDch=
ft...,;nggretzt ftod
and Herman, Hnmit<!
6p.m. .
Thursday,
J_ZO
Friday,
J_21
Cultut3l Div=ity
CommODity
Brcald33t-8.a.m.
City Achievement
Aw=fs..9 a.m.
Fmalr Krynotr:
.&IwaIt! T.
Crcagan. MD
9 a.m.
C1ose-ll:30 a.m.
Cities' &position
7:30-11:30 a.m.
LMC Citirs' Forum
. 71ID<krated disamUm
withM_,
GuhematuriaJ
~:30 a.m.
Spotlight on
Homcland Srcurity
10:45 a;Ol.
Spotlight on Spa_
. and Partnr..
Ed Pitcher. po~tiad
<_10:45 a.m.
Concurrent Sessions
10:45 a.ol.
Mayors' Association
Luncheon and LMe
Annual Mrding
12 P;ol.
Conrurrrnt Srssions
2:30 p.ol.
l\ra:ption lOt Mayots
5~ p.m.
LMC Rrcrption and
Aw.u<Is Banqnrt-6 p.m.
Regi&terclRllne anytlnae: www.lmnc.QI'g
~ General Sessions
, ", "" "" - ~ ,--eo. ~ _ ,
Opening Keynote Address
. WEDN. ESDAY, JUNE 19, 2002, 8:45 A.M. .
Strengthening the Bonds of Community> .
Cotiunitting to "the Common Good
Michru! A. GuidtJ, Mayor, Dearborn, Michigan
" Michael Guido has been the Mayor of his hometown since 1986. The son ofItalian
immigrants to America, Mayor Guido developed a deep appreciation for Dearborn's enviable way of life,
which fueled his passion for serving the citizens ofhis city, and for help~ it prosper. At 23, he became
the youngest person elected to Dearborn's City Council, and after serving two terms, he became the
youngest Mayor in Dearborn's history. Mayor Guido bases his .tlministration on '(alues of public service,
accountability and accessibility. He adds a fucus on innovation, and technologies that deliver Servi=
efrecrively and efficiently. His vision and leadership have strengt:b.ened Dearborn's neighborhoods, bolstered its
downtown business and catalyzed growth in its industrial, manufacturing and technology secrors. His record
of success has contributed ro his emergence as a national leader, shaping public policies that affect Americas
urban centers. Mayor Guido is a member of the Board of Di=rs of the National league of Cities, and
since Sept. 11, has co-chaired NLC's Homeland Security Committee. Additionally, he serves on the Executive
Committee of the United Stares Conference of Mayors.
LMC Cities' Forum
THURSDAY, JUNE 20, 2002, 8:30 A.M.
Meet Minnesota's Gubernatorial Cao,Jj,J"t/'<!
With Political Commmtary by Lilly Goren, Ph.D. and Lisa Disch, Ph.D.
In November, Minnesota will elect its Governor-in this year's Forum, gubernatotial candidates speak
directly to the issues that affect local government. The candidates' discussion will be moderated by two
well-lnfunned and energetic political science leaders from Minnesota's academic community. Lilly Goren,
Political Science Chair at the College of St. Catherine; and Lisa Disch, Associate Professor of Political
Science ar the University of Minnesota, add sparkle and wit with commenraIy guaranteed to broaden
your understanding and point of view.
Finale Keynote Address
. FRiDAY, JUNE 21, 2002, 9:00 A.M.
i . How to Live Long Enough to Collect Your Pension:
Proven TIps for the Long Haul
.". Edward T. Creagan, MD, Division of Medical OncoJqgy, Mayo Medical Schoo!
. Many conferenre-goers will remember Dr. Creagan from LMC's 1999 visit to Rochester.
He was such a hit, we invited him back! He's got more to say to us following the distressful events of
Sept. 11, motivating our city's leaders to cultivate healthfUl atritudes and practices proven to keep US in
the game fur the long haul. Onre again, Dr. Creagan translares the wisdom of Rochesrer's world-class health
industry to the interests of effective local government. He is a consultant in the Division of Medical
Oncology at Mayo Clinic and is currendy the American Cancer Society Professor of Clinical Oncology
and the Rouse Professor of Humanism in Medicine. Dr. Creagan earned his medical credentials in
Philadelphia and New York, then specialized in internal medicine at the University of Michigan. He was
appointed to the staff of the National Can= Institute and then arrived at Mayo Clinic, rem.ining there
for over 25 years. Dr. Creagan is known for his engaging speaking Style and entertaining observations of life.
Register online anytime: www.lmnc.org
2002 LMC Annual Conference
- Concurrent Sessions
. -~- - """"'" '. -.. .'
Wednesday, June 19
Thursday, June 20
~SpotIights
, Forum 2002:
esora's Gubernatorial Candidates!
tary by Lilly Goren, Ph.D and Lisa Disch, Ph.D
Featured 'frada
Homeland Security and Emergency Preparedness
Spotlight on Spouses and Putn"",
What's So Fuony?
Poli#caJ Cartoons with Ed Fischer
SpotlIghts
Wrtbin a ConJ.en:nce (CWC):
tS, New Citizens, New Ways:
Ahead Together
MWCG Mini-Confctence:
Meeting Challenges Facing All Elected Officials
Concurrent Sessions I/Choooe One
10:45 a.m..12 p.m.
Implementing an EPA Stormwaccr Program
in 3 Months or Less
National StandanIs ror Fm: Deparrments
24 Hour City Hall: E--Gov'r Basic Tools & More
Show Me the Money: The Evolving Stare-Local
F1seal Rdarionship
City and Community Organizations:
Working to Benefit the Community
ewc Sessibn #1:
What Makes a Wdcoming Community?
Concurrent Sessions IIIC11oo8e One
1:30.2:45 p.m.
.R,..,.'~i'Ming Our Community HiStory
Consolidation ofPuhlic Safety Services:
Should We or Shouldn't We?
CyberCrime & Information Security
LMC 2002 i.eg;s1ative Update
MWCG Mi"i-Cot1ferenc~:
Meeting Challenges Facing All Elected Officials, Pan 1
ewc Session #2:
Understanding and Acllleving Cultural Competency
at City Hall
Concurrent SeuioIis JlIIChoose One
3:15-4:45 p.m.
Especilll!r jOr Youth Delegates:
Topic To Be Announced
Regional Cooperation in Rural Minnesota
Special Ass~ents: An Overview of Us< and Process
10 Do's & Don'ts ror City. Councils 'Threatened
with Litigation
MWCG Mini-c"nfermce:
Meeting Challenges Facing All Elected Officials. Pan 2
ewc Session #3:
Multicultural Communities: StIategies and Resources
Concurrent Sessions IV/a- One
10:45 a.m..12 p.m.
EspeciIIJ!r jOr Youth Delegates:
Topic to be announced
Eye of the Beholder: How Different Groups
View the Same Issue
Especially fir SmaIJ Cities:
Top 10 Pecsonnd Practices & Iss1.ies of Interest
(presented in cooperation with the Minnesota
Association of Small Cities) .
Especially fir MetrO Cities:
Housing-S=ts to Success in Your Community
Especially jOr Greater MN Urban Cmters:
Annexation Anxieties
(presented in cooperation with the Coalition of Greater
Minnesota Cities)
FeaturtdTTtlCk:
Homeland Security & Emergency Prcpareriness
Local Leaders Mobilizing the Community
Spotlighr onSpouse< and Partnm:
What's So Fuony?
Political Cartoons with Ed FIScher
Concurrent Sessions Vlca-se One
2:30-4:30 p.m.
DowntownDevelopment in a Changing World
Planning ror Your Future Workfurce
Especilll!r jOr MetrO Cities:
Metropolitan Council Forum
(preSented in cooperation with the Association
of Metropolitan Municipalities)
Especially fir Greater MN Urban Cmters:
Comprehensive Planning ror Rapid Growth
Featured TTtlCk:
Homeland Security & Emergency Prcparerini:ss
Is Your City Ready For Disaster?
zooz LMC A........ COnfere.....
Realder oallne anytime: www.lmnc.ora:
'^ .
Conference Highlights
'- '-"' - '" <;' ~ A' -~~, ~ ,'" * . ~-
Wednesday Highlights
Thursday Highlights
A Conference Within a Conference:
New Neighbors, New Citizens,
New Ways: Moving Ahead Together
Take adV1l11tage of this day-long look at our
featured topic-leading within Minnesota's
increasingly diverse cultural landscape. Featured
strategies aod tools will assist j'9U to be a more
elfective leader in todays climate of chaoge.
A 3-sessioo workshop
(IJO atltlitimuJfte r<qKinul)
. What Makes a Welcoming Commuoity? ^
with fOllow-up commmts from Keynote Speaker
Md:jOr Michael Guido
. Undemaoding and Achieving Cultural
Competency at City Hall
. Multicultural Commuoities: Strategies and
Resourcc:s
LMe Cities' Forum 2002
Meet Minnesocrs Gubernatorial Candidates!
With Political Commentaty by Lilly Goten, Ph.D.
aod Lisa Disch, Ph.D.
Featured Track
Homeland Security and Emergency Preparedness
The ttagic eveuts of 911 remind city leaders to take
sreps to review aod update their city's emergency
maoagement plao. Attend Thursdays featured track
and heat a local oommuoity's remat~le stoty. Later,
learn the role of the elected official in an emergency and
patticipare in a fascinating tabletop demonstration.
. Local Leaders Mobilizing the Commuoity
10:45 lWll.-12 p.m.
. Is Your City Ready fur Disaster?
2:30-4:30 p.m.
What's So Funny?
Political .Cartoons with Ed F"1SCher
Spotlight 00 Spouses and Partners!
10:45 a.m.-12 p.m.
This year's speaker is sure to provide just the tight blend
of laugh -out. loud carmons, quotes, aod tales! Ed Fischer
is the e<litorial cartoonist fur the Rochester Post-BuOa;n
aod is syndicated in 90 other newspapers. His cartoons
have been reprinted in TItM aod Newswak magazines
aod in the WOrld Book Ew:yclopedia, as well as many text-
books and other publications. "My business is to make
people laugh," Ed FISCher says, "If there's a message there
to help or enrich people's lives, so much the better."
Mayors' Reception
Sponsored by the Minnesota Mayors' Association
5-6 p.m.
A Minl-Conference:
Meeting Challenges Facing
AU Elected Officials
Presented by Minnesota Women
in Gty G.wunment
1:30-5 p.m.
LMC Sponsors' Circle
Door Prize Awards
Door Prizes Every Gty Can Use!
4:45-6 p.m.
VIsit Cities' Exposition 2002 to win great prizes
fut your city. (You must b. present to winl)
Networking Highlights and Family Fun in Rochester!
Exhibitors' Welcome Reception
Our exhibitors greet you at Registration with tasty
bites and a cash bar that', a perfect warm-up fur the
Kickoff Event that follows!
City Night in Rochester
Features Herman's Hennits!
The Herman's Hennirs Concert is not included. in your
registration fee" reservation aod additional $6 fee required.
Sign up on the. Registration Form.
Minnesota Cities:
The Greatest Show on Earth
Thrill to a wild aod wonderful circus theme,
featuring world-funous Lazer Vaudeville!
Bring the Family
VlSit southeast Minnesocas Amish Counuy, or tour Mayo
Clinic's state-of-the-art &.cilities, featuring the Gonda
Building" the new gem of the Rochester skyline.
Bonus Fun-Free Admission to Rochesterfest!
All ADnnal Conference patticipants receive a Rochesterfest
button" free admission to many delightful activities that
celebrate Rochester!
Register online anytime: www.lmnc.org
2002 ~C' Annual Conference
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2002 League of Mlnnillsota Cities Annual Conferen"e . June 18-21, 2002 . Roc:/>..stAor. Minnesota
~ PolIcy; Jiyon are ~ and W1IlOt auend, we encowageyou to send a subscio.ne. If you ClU1l1Ot.send a substitute, a Olpn-ll"rion
l;. ($75 fr FoJJ Confmnu or $50 fr o-lmj) will be applied ifwri_ .."oo!laliOl1;' &xed. __mailed ox po<<marl<cd by 4,30 p.m., May 31, 2002. 0........"".. "'"
_=cptcd byphooC. w. _.&at no tefund. will be....de... May 31, 2002. If your ~.... paid, LMC will mimd the baW= If",ur ~
was not paid )U.lMC will bill your city for the balance due. Fax amcc1lation n.otice to ~ Erid:son at (651) 281-1296. e-mail to rerickso@lmnc..org.ormail to:
leogu<ofMiaDesotaCitie;,Ann, Rd>=aEricbon. 145 Univtz>ityA=-W.... St. P:ouf.MN55103-2044.
Dup/kate thU furm fur mu/tipk ~ p,- 'JPt or prinz demIy.
Registration Options/Fees:
];".-""Jmik~ whM_....-.ft< """""'- -,..._rip<
Option #2: Qne.Day Only R.....- ........-M,J
o .6111. t.y.OnIy Registration rn'
o 11Iursday..On/y ~.&...I (ioa_""""'......_
o Adr.u= R.gisuation: $180 (tlmNghMAy31, 2(02)
o O".S;..R.gisuation:$195 ~M",31.2002)
0pII0i, il.
o FuII_~..... ~b..u..n
o Adr.u= &gisrmdon: $315
(tImNgh MAy 31.2002)
o On-Si.. &gisrmdon: $345
(".fMoMAy31,2oo2)
o Compo.ny R<p Rcgistrarlono $495
Option #3.
o YoIdfr ~ He': h_lk.n
o Youth DcI.gard}i=unted
R<gisuarion: $75
o Adult Chaperone Disco....d
R<gisuaricre $75
Registrant Information:
Name 1'0, badge
Cbyoro~
Mailing odd...,
Qty
Gty conma:
&g;smu;.n amjirm4si.n w;/J be ...uJeJ It> }OUT c#y elm
at c#y h4Jl, or we'll..maiI i< It> the ftgq.,;"g """'=
Talc
s..'" Zip
Daytime phone ( )
Youth Delegate Registrant Information:
Far amtplm rid4i4 I" JNlf.I! 1It,.;p.
Youth ..... 1'0, badge
Mailing odd...,
Qty
&g;smu;.n ~."j:. .Ail'lI wiJJ be >>WIld A' yt'U 1St the
"""""""""'. orwe'/i..m4il izm theftQq.,;"g"""'=
Chap""....... 1'0, badge
City or organization
s...,
Zip
o 1 will aaend m. MWCG luncheon on Wcdnescby, June 19 (hdd during the Exhibioon' r.uncl.",n). m- iz '"' ~ ft< fur thU Iunch=.J
Family & Guest Registration/Tickets:
Name 1'0, badge
Name 1'0, badge
Name fu, badge
Family a Gueet Meal a EY&It 1Id<eIa:
W..m..day Exb;bia" 1ond><on _ ti<h<(.) @$12"';'
W..m..day City Nogh< Picnic Mcol_ ti<h<(.) ,. $14"';'
o Aduk 0 Child
o Aduh 0 Chlld
o Adult 0 Child
F_..... _ R........-, =
is no ~ for family members or guests to
attend amfercDee sessions.. but meal
tid= must be pIl'dwcd oopamcIy.
Thuaday Mayoa' Luo<hccn _ ddtet(o) @$18_
Thuaday Awam. __ ti<h<(.)@$3O_
Purc:Uae Ib..AIa
IIermIlo ......tt
_...-T
o 1'1= bill the city
~$6perP"'otm.
o Cbet:k cndoscd payabI. to
I..ague ofMinn"".. Cine.
TOTAL AMOUNT DUE, $
MaD fonn with payment to: League ofMinn=.. Cities, Finance Departm"'t~c, 145 Univenity Avenue West, St. Paul, MN
Fax fonn to: (651)281-1296, Ann: R<becca Ericbon
Registration information
3 Registration Options:
Adwnce Ro,jIllb..liun. $315
. (tInuogb M4y 31, 2002)
00-5ite R......b..Iiun' $345
(4fin'M4y 31, 2002)
~ Rop R..,jIoob.....n: $495
~I\ocmdudes
.Admission to confomce sessions
Admission to OtieS &.position
2002, induding:
- Emibitor Welcome R.o:eption
- Exhibitor Luncheon
- IMC 5po='" Circle 000,
prize Awards (mtIIt k pzmu f4 win)
Admission to all confcm1.o:
netWorking ~u. including:
- Minnaota Cities: The Greatest
Show on &rth
- Ci:y N"<gb, in R.ochc.t.:'
- Mayors' Assocla.tion Luncheon
..d IMC Annual Meeting
- IMCR=ption &Aw.ms Bonq...
- City Achievement Awards
- Friday C'<>mmwll:Y B_
"YOlQ'~fuDOESNOTincJutk
4 tieht III tht lknnmis HumitI t:IIMn'#.
A$6ji<'~'b.,,';"p.,..
~Fmn.
3 Easy Ways to Register:
...Ji:b Register online anytime:
- U www.lmne.org
OneMDa~ Conference
Registra1ion
2 BIG CIl01CES: .
W~~
or'J.'h-"'Y.Quly~
~OalyF.. mdudes
. Admission to.n W<dnaday
confaence sessions
. Admission to Cities' Exposition
2002 (WiJ..J-19..g) induding:
- Exhibitor &. MWCG Luncheons
- LMe Sponsors' Circle Door
Pritt Awards (must 1M 1"-" tv wi1J)
A.d.m.ission to 2 conference
netWOrking evmts, including:
- Minnerota ane., The G==
Show on Earth
- a:y N"ogh, in Ro<:ho=-
C'<>ming Weduesday only;
~$ what yuliD m.iss;
Admission to Cities'. Exposition
2002 m.".,J-20)
LMe Ciries' Forum 2002
Thursday's Conament oXssiol1$
Mayers' Association Luncheon and
IMCAnnual Meeting
Mayo'; R=ption
IMC R=ption & A....-ds Banq=
a:y Ad>ievemen'A....-ds
Friday C'<>mmuni:y B=Id3s:
Fmalc Ktynotc:
__ Ro,jIllb....... $180
(tInuogb M4y 31, 21Xl2)
011_ R.....b ......, $195
(4fin'May31,2002)
Thunday-Oaly Foe Wlnda
. Admissio.q to all Thundayand
Frida:y confetence sessions
MayoIS' .Assoc:iation Ltmcheon
..d IMC Annual Meeting
Ci:y~Aw.ms
Friday Conununity Btc3kfast
. .Admission to~' &pmirion
2002 m.".,]uM 2O..g)
"""'''''~&'''''..,
indwk "" LMe lI#<p","...As.mk
~wind,''''~f".j$30)
C'<>mingThanday o<dyl
H...... _,.,u'n_
Admission to Citics' Exposition
ioo2 rw,J"J- 19)
Exhibiror &: MwCG Luncheons
"LMe Spol:lSO!S' Circle Door Priu
Awards (711II# N /'"Sent tD win)
.. Opening KeynOte
Wednesday Concunent Sessions
Minnesota Cities: The Greatest
Show on Earth
a:y N"ogh, in Ro<:ho=-
Mail completed
registration form to:
League of Minnesota Cities
F'manc:e Dc:pr.-AC
145 UniVClSltY Ave. Wcsr
St. Paul..MN 55103-20<<
fjj
Conference Loc:ation:
Mayo Civic Ccnrer, 30 Civic C:i1tcr Drive, S.E., Rochesro', 1\.1N 55906. Phone:
(BOO) 422-2199.
Special Needs:
If you have special dicwy needs (vegerac1an, kosher, etc.). please attaeb a
written description to the: Registtati.on. FOrm.
If you or your guest are disabled and require special sCrvici:s or ttansportation.
please attach a wrinen description to the Rcgistt3rion FoJIIL
To City Stllff and Elected OfftdaJs:
If you are a staff or eJected?fficW of a city. you must ~ as a Ddegate rather
than ancnd as a spouse, f.unily member. o.r guest.
Youth Dsl 1, DIscounted
R~b.u..... F_ $75
AduIl ~ Discoullted
RecI&1ration Fee. $75
. Youth ddc:gates must be 14-18
",""old.
.. Youth de1cgates are welcome at all
conkImc:c~ons!
Youth delegateS must be ac:aimpa.
nkd by aD. adult chaperone at all
conference activities. A Chaperone is
any responSible adul~ not ot:hetwise
~fu,m.confO=<:e.
~onfec:saKm:l.ucedfor
)'Dum. ddegues ..d chaperoneo.
Qaperonc di$count does not apply
tocityelected.or~
oJlicWo.
Parents or guardians may be
'<<jui:<d to oign a liability_
fu: ,.,um ddegues engaging in
opeclfic group aaiv;a.;.
~nFeemdnda
.. Admission to all confezmce
sessions and aaivities
M"" meaIo "" pwrided
Registtati.oll Fee does not include '
. Hotel. transportarion, Herman's
Hermia concett. and SOme meals
~
Fax completed
..,p,t,ation form to:
Reb=a Edd<onn
. .. (651) 281-1296
.
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Housing infor:nation Reserve your housing online anytime: www.lmnc.org
2002 ~ of Minnesota CItieS Annual Conference . June 18-21, 2002 . RocIIest8l', M""-D
How to reserve your housing
. All hotel reservations must be made using the
form below and suhmitted to 1he Rochester
Convention and V' wtoIS Buteau online at
www.lmnc.org or by fax or roail. No telephone
n:serwnOlJS will be accepted.
. Reservations must he guaranteed by providing a
deposit of one night's rental with a major credit
card.
. Confirmation will arrive directly from the hotel.
Housingdeadlines
. Rese:muions must be received by May 20,
2002. After this date, reservations may be made
directly with the hotel of your choice.
. ReservatiOlJS will be made on a first-comc, first-
served basis based on the send date (online and
fax) or on the posunark (mail) date of your
housing request. Priority for reservations with
the same sencllposunark date will be determined
by a random drawing.
Housing changes/cancellations
. All changes and ""n~l1.';.,ns must be bandied
through the Housing Buteau by calling 1-800-
634-8277, en. 106, by May 20,2002. After this
date. all housing changes and caf'C'l"lbrions must
"" made directly with the hotel.
Hotellnfonnation and Rates
lIAus listed hm '" ..., indutk an 4dditWMi 1 O'!6/odging ""'pet room per night.
lIAus listed tnIlJ be hightr with two or more people pet room.
CoDfe.ence Hotels Connected to SkywaY'
Kahler Grand Hotel-$89
Rochester Marriott--$149
Holiday Inn City Centre--$89
Economy lno--$69
Executive Suires--$89
Radisson Plaza Hotel--$109
Hilton Garden Inn--$89
Conference Hotels Not Connected to SkywaY'
Best Western Soldiexs Field Towexs & Suites'
$75 stIlnIiard ....m
$85 two-room suite, kitdJenette
Travelodge (furmerly Ramada Limit<d)--$60
Comfort lno--$60
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Canlnuml= &piration m.. I
The IMe Houm,g B..- ;, -'>>rized to .., *..... """to _tu my Imt4 """""""" ramwI by "'" I
I ~ "'at the ftm n# mual will 1M 6i/Id "'-gb "'" "'" if I j4jJ to dNw up fur my atSipdhoum,g on the
amjimuJ "- udeu I =uI my ~'" wiJJ the Imt4 prWr to 4,00 p.... on the J4y uf arrimJ. I
I Cardholder signature D= I
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Mal or fax this .
completed form
by May 20, 2002 to:
Roehester Convention
andV'wtoISBureau
LMe Annual Conrerence
Housing
150 South Broaftway
Suite A
Rochester, MN 55904-6500
Fax: (507) 288-9144
Special housing
request:
If you have special needs,
please attach a written
description to this housing
form, e.g., wheelchair
aceessible room, ere.
. Retain a copy of this
fonn for your records.
Name
Yule
City or o1pDizarlon
A.<I<h=
City
s...._ Zip
Woo-. phone (
Home phaoc {
Room R.........atIon 1nfonnaticl!1,
_ 3 <how.of'-" ftom th. Hn -if AiI_ <how. ~ .........w.. -"'" h<<d w/J1 IN """"'fin']OO.
l~ ~
3m, 'Th101 aumIJer of""",,, ....w.
I~~I _._~.- n
~tg.. . ".....tl:'2Jeua-huedootbefullowiag:.DO\:alltypeJzvaiIablear:a1lboa:ls: .
A.I """1_B_1 "",,2...pIe;C-2bedo, 2p<op1<.D. 2bedo, 3 p<opI<.E-2bedo, 4 people
Hotel RIJ'e,.,..~ DeposIt:
~...... be __ by pnMdlnga clepooit equal "'... .;pt'.lodaiDJ!:pee........
Oedit.=dCOlJ1!lU'Y
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!lay 17 ZB82 11!1 :Z4:27 ViA FAX
-)
651 iZ9 B6Z9 AdotinistrAtor
Pase BIll Of 881
,
LEAGUE OF MINNESOTA CITIES' ANNUAL CONFERENCE-
ADVANCE REGISTRATION EXTENDEDI
The League of Minnesota Cities' 2002 Annual Conference is just around the
corner, June 18-21, in Rochester! If you haven't Registered yet, don't miss this
onel Inspiring Keynote Speakers, 30 Concurrent Sessions, 140 Exhibitors,
Awards, a terrific Youth Program, Family Activities, Fun Rochester-Style and
much morel
We've extended the dlHldllne for Advance Registration
through Friday. June 7/
Register by the new deadline, and pay just $315 for a Full Registration. and only
-$180 for One-Day Registrationsl Yes, you Can still Register on-site at the Mayo
Civic Center, but on-site registrations may be limited, and on-site Registration
costs you more. .
There are 2 Easy Ways to Register:
1. Register online anytime at www.lmnc.ora
2. Complete the Registration Form in the League's April issue of Minnesota
Cities'Magazine. Then fax it to Rebecca Erickson at 651/281-1296 or mail it
to the League of Minnesota Cities, Finance Department-AG, 145 University
Avenue West, St. Paul, MN, 55103
Take action now to join us, and tell your colleagues who would be interested to
attend.
We're looking forward to grHtlng you In Rochester!
Questions?!
Just call Jodie Tooley at 651/281-1251.
.
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Officer Dale N. Bernard
CentemriaI Lakes Police Department
200 Civic Heights Circle
Circle Pines MN 55014
763-784-2501
May 9, 2002
Kim Moore Sykes
City Administrator
1880 Main St.
Centerville MN 55038
Kim,
During the state mandated alcohol sales compliance check that I conducted on April 11 th
2002 all of the businesses in your city that are licensed to sell alcohol passed the check. I
directed an underage buyer into these businesses for the putposes of ensuring that the
businesses are taking the appropriate measures to sell their alcohol products to adults.
It should be noted that Sager's Liquor was closed when I arrived at the address to conduct
the check. I will be conducting the second alcohol check in the near future and will be
sure to have the business checked on that date. I also have recently been aware of a
possible liquor violation that is occurring at Hair Update. I intend to investigate this
matter and take appropriate action on this matter. Thank You.
Sincerely,
~ ~ \ \ Jft,-\fl
D. B~dY#1l7 ~
CLPD
Alcohol Compliance Officer
.
Officer Dale N. Bernard
Centennial Lakes Police Department
200 Civic Heights Circle
Circle Pines MN 55014
763-784-2501
May 9,2002
Wise Guys Pizza & Pub
7095 201h Ave.
Centerville MN 55038
Dear Licensee,
Congratulations and thank you for your efforts leading to your recent success in passing
the alcohol sales compliance check conducted at your business. Hiring, tp!;n;ng, and
supervising responsible staff is essential to keeping your business in compliance with the
laws and ordinances regulating the sale of alcohol. We appreciate the work you have put
into this important part of your business. Responsible alcohol sales are a respected part
of our business community and your efforts to help us keep alcohol out of the hands of
youth are appreciated.
We will regularly use alcohol sales compliance checks as a tool in our efforts to keep the
children of Circle Pines safe and healthy. By working together we can make a difference.
Please pass this letter on to your employees who performed correctly during the
compliance check.
Additionally, I have spoke with a business that has expressed interest in receiving training
through the Minnesota Department of Public Safety. I have spoke with a representative
from the Department of Public Safety and they have expressed interest in conducting
training regarding alcohol laws in our community. If you are interested in attending a
training session please contact me at 763-784-2501 before May 20tb 2002. I have to hear
from you in the near future. Thank you.
Sincerely,
CJ ~.\\-Wl
D. Bernardy #117
CLPD
Alcohol Compliance Officer
.
Officer Dale N. Bernardy
Centennial Lakes Police Department
200 Civic Heig1rts Circle
Circle PiDes MN 55014
763-784-2501
May 9, 2002
Waterworks Beach Club
7281 Main Street
Centerville MN 55038
Dear Licensee,
Congratulations and thank you for your efforts leading to your recent success in passing
the alcohol sales compliance check conducted at your business. Hiring, training, and
supervising responsible staff is essential to keeping your business in compliance with the
laws and ordinances regulating the sale of alcohol. We appreciate the work you have put
into this important part of your business. Responsible alcohol sales are a respected part
of our business community and your efforts to help us keep alcohol out of the hands of
youth are appreciated.
We will regularly use alcohol sales compliance checks as a tool in our efforts to keep the
children of Circle Pines safe and healthy. By working together we can make a difference.
Please pass this letter on to your employees who performed correctly during the
compliance check.
Additionally, I have spoke with a business that has expressed interest in receiving training
through the Minnesota Department of Public Safety. I have spoke with a representative
from the Department of Public Safety and they have expressed interest in conducting
training regarding alcohol laws in our co=unity. If you are interested in attending a
training session please contact me at 763~784-2S01 before May 20th 2002. I have to hear
from you in the near future. Thank you.
~ \\""1
D. Bernardy #117
CLPD
NcoholComplianceOfficer
"
Officer Dale N. Bernard
Centenoia1 Lakes Police Department
200 Civic Heights Circle
Circle Pines MN 55014
763-784-2501
May 9, 2002
Trio Inn
7082 Centerville Road
Centerville MN 55038
Dear Licensee,
Congratulations and thank you for your efforts leading to your recent success in passing
the alcohol sales compliance check conducted at your business. Hiring, training, and
supervising responsible staff is essential to keeping your business in compliance with the
laws and ordinances regulating the sale of alcohol. We appreciate the work you have put
into this important part of your business. Responsible alcohol sales are a respected part
of our business community and your efforts to help us keep alcohol out of the hands of
youth are appreciated.
We will regularly use alcohol sales compliance checks as a tool in our efforts to keep the
children of Circle Pines safe and healthy. By working together we can make a difference.
Please pass this letter on to your employees who performed correctly during the
compliance check.
Additionally, I have spoke with a business that has expressed interest in receiving training
through the Minnesota Department of Public Safety. I have spoke with a representative
from the Department of Public Safety and they have. expressed interest in conducting
training regarding alcohol laws in our community. If you are interested in attending a
training session please contact me at 763-784-2501 before May 20th 2002. I have to hear
from you in the near future. Thank you.
Sincerely,
C)"
*\\\
D. Bernardy #117
CLPD
Alcohol Compliance Officer
Officer Dale N. Bernard
Centennial Lakes Police Department
200 Civic Heights Circle
Circle Pines MN 55014
763-784-2501
May 9, 2002
Kelly's Comer Bar
7098 Centerville Road
Centerville MN 55038
Dear Licensee,
Congratulations and thank you for your efforts leading to your recent success in passing
the alcohol sales compliance check conducted at your business. Hiring, training, and
supervising responsible staff is essential to keeping your business in compliance with the
laws and ordinances regulating the sale of alcohol. We appreciate the work you have put
into this important part of your business. Responsible alcohol sales are a respected part
of our business community and your efforts to help us keep alcohol out of the hands of
youth are appreciated.
We will regularlY1lSe alcohol sales compliance checks as a tool in our efforts to keep the
children of Circle Pines safe and healthy. By working together we can make a difference.
Please pass this letter on to your employees who performed correctly during the
compliance check.
Additionally, I have spoke with a business that has expressed interest in receiving training
through the Minnesota Department of Public Safety. I have spoke with a representative
from the Department of Public Safety and they have expressed interest in conducting
training regarding alcohol laws in our community. If you are interested in attending a
training session please contact me at 763-784-2501 before May 20tb 2002. I have to hear
from you in the near future. Thank you.
Sincerely,
D~W\\-,
D. Bernardy #117
CLPD
Alcohol Compliance Officer
" I
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Officer Dale N. Bernard
Centennial Lakes Police Depar1Jnent
200 Civic Heights Circle
Circle Pines MN 55014
763.784-2501
May 9, 2002
Sager's Liquors
7093 20th Ave.
Centervi1le MN 55038
Dear Licensee,
During the recently conducted alcohol compliance checks your business was closed at the
time I was conducting the checks in your area. Your business was not rechecked but will
be checked during the next scheduled compliance check.
Additionally;xJ1ave spoke with a business that has expressed interest in receiving training
through the Minnesota Department of Public Safety. I bave spoke with a representative
from the Department of Public Safety and they have expressed interest in conducting
training regarding alcohol laws in our community. If you are interested in attending a
training session please contact me at 763-784-2501 before May 20th 2002, I hope to hear
from you in the near future. Thank: you.
Sincerely,
\
\C1
D. Bernardy #1 17
CLPD
Alcohol Compliance Officer
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\J'"SB . Roxie Muehlber9.
From:
Sent:
To:
Subject:
scott.dickmeyer@elansales.com
Thursday, April 25, 2002 9:00 AM
roxiem@localbankers.com; ksykes@centervillemn.com
City Municipality as Merchant
Roxie & Kim:
Please find the answer to our question regarding the City of Centerville
"up-charging" customers for the use of plastic. The City can certainly do
this, however according to the rules, the City would need to charge the fee
on all transactions, even if the customer paid by check or cash.
Sorry about the delay in getting back to you. Please let me know if I can
be of further assistance in any way.
Scott
------ Forwarded by Scott DickmeyerIWIMKElFirslar on
04/25/200208:58 AM -------
.'1_
Bob Callies
04/24/2002 02:28 PM
To: Rich VolkmanIWlMKElFirslar@FIRSTAR,Scott
DickmeyerIWIMKElFirslar@FIRSTAR
cc: Mary BodendeinIWIMKElFirstar@FIRSTAR
Subject: City Municipality as Merchant
The answer to your questions is YES. However, Mastercard and Visa a very
specific.
MasterCard rules specifically prohibit merchants from adding a fee for
acceptance of masterCard Cards. This is considered a surcharge. These
rules support universal ac4eptance of all MasterCard cards and ensure our
cardholders
are not discriminated at the point of sale. However, there are business
cases that I(may warrant a service fee for specific
payment modes such as Intemet and telephone. As long as the same service
fee, (Flat Rate, Percentage Based, Tiered Rate) is applied to each
transaction method (credit/debit card, cash or check) made within a
specific payment mode (in person, mail, telephone, Internet, etc) the
service fee is not considered a surcharge and is acceptable as offsetting
the cost of acceptance.
Bottom line for MasterCard is, if a convenience fee is going to be charged,
it must be charged to all modes of payment
(Credit/Debit Card, Cash or Check)
Visa USA has not, to our knowledge, published any operating regulations
relating to the "Convenience Fee" occasionally
charged to cardholders on certain PHONE based anomalous transactions. If
an acquirer wishes to enter into such a business relationship with a
government entity, a business plan must be submitted to Visa and approved
for each such relationship.
While no operating regulations have been published for this transaction
type, the follOwing can be considered basic requirements:
Transaction must be performed via telephone and ARU
1
,
.
"Con'/enience Fee" must be a set amount, and not a percentage
Cardholder must be presented with the option to concel the transaction
after convenience fee is mentioned
Relationship must be with a Govemment entity
hope this answers your question, please feel free to call me if you have
any further questions on this.
Thanks
Bob
X-6645
Forwarded by Bob CallieslWlMKElFirstar on 04/24/2002
01:54 PM
Mary Bodendein
04/24/2002 11:44 AM
To: Bob CalliesJWlMKElFirstar@Firstar
cc:
. Subject: City Municipality as Merchant
Please respond to Rich and Scott.
Forwarded by Mary BodendeinJWlMKElFirstar on
04/24/2002 11 :38 AM
Rich Volkman
04/24/2002 11 :38 AM
0: Mary BodendeinlWlMKElFirstar@FIRSTAR
cc: Scott DickmeyerlWlMKElFirstar@FIRSTAR
Subject: City Municipality as Merchant
Mary, is a city municipality able to pass the fee on. I do not think so,
but wanted to get your opinion first.
Forwarded by Rich VolkmanJWlMKElFirstar on
04/24/2002 11 :39 AM
Scott Dickmeyer
04/22/200203:16 PM
Sent by: Scott Dickmeyer
To: Rich VolkmanJWIMKElFirstar@FIRSTAR
cc: -
Subject: City Municipality as Merchant
Rich:
The City of Centerville has Inquired about becoming a merchant. However,
they asked the question about passing along the fee that they would be
charged as a merchant. I told them it is against Visa & MasterCard to
~rge a customer for using their piece of plastic. However, I do remember
~ething about a City Municipality being able to do this, but then they
must be consistent and pass along the fee to all customers regardless of
how they pay. Can you confllTTl which information is correct?
2
CITY OF CENTERVILLE
Level 2 - Annual Volume: $25,000 - $75,000
Electronic Draft Capture Processing
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Network Draft Capture Charges
NOVA
1011
$6.001T erminaVPClECR
$.2.501EIectronic Printer
(pri_toe <1000 noI applyW printer
Ispartof_>
Note: Ongoing Support Charges Apply (see attachment)
4/9/02
SUPPORT FEES
One Time Set Up Fee
New Merchant Set Up Fee
(primary location only)
$50.00
Ongoing Support Charges
Audio Response (ARU) Authorizations
WATS
$.55
Voice Authorizations
WATS
Monthly Membership
(per location/merchant number)
Electronic Merchants
Simplified EDC
ARU Capture
Paper Merchants
Simplified EDC Merchants
Manual Imprinters
Purchase Price
$.65
$2.00
$5.00
$5.00
$5.00
$5.00
$40.00
Miscellaneous Support Fees (if applicable)
Pupllcate Statement :t)1U.OO I statement
Reprogramming Fee $35.00 ! terminal! PC ! ECR
Research Fee $35.00 ! hour
Equipment Restocking $75.00
Rush/Overnight Shipping $50.00
ARU Usage Fees
Fax Back Detail
Auto Inquiry Detail
Operator Inquiry
Imprinter Plate Remake Fee
Integrated Debit Network Set Up Fee
Chargebacks
Paper Deposit Adjustments
ATM Card Adjustment Fee
PIN Pad Injection Fee
Equipment Replacement Fee
under warranty
out of warranty
Early Termination Fee
Terminal Supplies (ribbon, paper rolls, etc.)
Paper Supplies (drafts, credits, envelopes)
$2.00
$3.50
$5.00
$20.00
$50.00
$10.00
$10.00
$10.00
$10.00
$35.00
$150.00
$95.00
Cost
Cost
4/9/02
ELAN'S PRICING PHILOSOPHY
E1an's pr1clng philcoophy is to quallft each transaction forthe _ possible dlsoount _ based on 1I1e
type of canl used (CIIldil. debit. commen:ial card products, etc.) and based on qualIfYing transacllons far
the best Interchange feee available through MastefCard International and Visa U.SA
ARU Capture Processing
ARU plO\.eSS/ng allows a merdlant to utilize a spscialBOO number and a louch-lone telephone to
both authorize and setlle bankcard transacllons. ARU processing provides betler pricing than paper
processing. yet doesn' torce 1I1e merchant to purchase a terminal. The best pricing a merchant can
obtain is via Bectronlc Draft Capture. Elan recommends that any merchant generating over $50,000
in bankcard volume should automatically ba quoted EOC processing. See the Elan Operations
Manual far ARU processing procedures. Note: Once a merchant bagins processing via ARU Capture,
they must not bring paper drafts to the bank for deposit or dupncate processing win occur.
. Electronic Draft Capture (EDC)
ElecIronic Draft Capture refers to transacllons that are electronically authorized (zero floor) and deposited.
Transacllons are processed through a terminal. eleclronlc cash register (ECR), or personal computer.
-'''''',-.
Indicated below are the dltrerent categories of pricing available to merchants and the requirements for
each category.
MasterCard Merit 3 or Visa Custom Payment Services Retail (CPS)
Best possible credit card rates available.
. Transaction must be elecIronlcafty au1l1oriz8d; only one author1zation allowed and must match
settled amount For restaurants, actual amount sellled must be within 20%(+/-) of amount
authorized.
. Card present- entire contents of magnetic stripe must ba electronically reed and transmitted
and signature obtained.
. Enriched transacllon data In authorization and setllement record.
. Transacllon deposited eleclronically same day as purchase date.
. Merchant Category Code (MCC) used in authorization and setllement must match.
MasterCard Keyed or Visa Keyed rate
Same requirements as Retail Meril3 or CPS Retan, however. the card account number Is key entered
due to a faulty magnetic stripe or equipment Cardholder Is present Card Imprint required. Travel
agents, airlines. vehicle rental, hoteJlmotel, transportation and SSlVIce merchants are not eIigibJe. To
qualJfy for the Visa Keyed rate, an address verification (AVS) request must be made and a match must
be obtained, otherwise 1I1e transacllon will downgrade to EIRF.
MasterCard Merit 1 or Visa EIRF
. Transacllon must be electronically authorized.
. Salected data ftelds In authorizetion and setllement records.
. Transaction deposited electronically no later than one day after purch.... dele.
MasterCard Standard or Visa Standard
. Transaction not au1l1oriz8d eleclronicafty.
. Transacllon daposIted Iwo days or more after purchase date.
. AuthorizatIon response data not Included In setllement record.
MasterCard World Card
MaSleJCard issuers are beginning to Introduce a new premium card caRed the World Calli. Unique
pricing applies as World Cam are used at hotels, restaurants, alrtines, travel agents and vehicle
rentals.
MasterCard Travel Premier
Some large national merchant chains, i.e.. HoIidey Inn, Hertz, provide a Premier Club for their
frequent custom..... MasterCard Trawl Premler rate applies far these canlholders.
Visa CheckCard (no comparable MasterCard rate)
VIsa U.S.A. has established unique pricing for Visa CheckCards (debit to a checking aocaunt not a fine
of CIIlda) provided thallhe requirements of CPS ReIaiJ are met Authorization must match settled amount
These transactions will be Identifted as "VIsa Chk" on 1I1e monthly merchant statement MasterCard has
no equivalent rate.
1
419102
Specific Consumer Rates for Select Industries
,
Supennarket
To qualifY for spedal Supennarket rates:
. 45% of annual sales must be perishable goods.
. Bankcards must be accepted at aU lanes that accept dIecks.
. TransaClions must meet the technicaltequil8lllents of CPS RetaillMerit 3.
. MasterCard and VIS8 "",uire registrallonlcarti1lcation. contact the Elan Financial Institution
Support Center.
Visa CPS Hotel/Car Rental (no comparable MasterCard rate)
This rate is available to larger properties who generally utilize PCs or the latest generation of
dial terminals to pmoass activity. The card Is swiped at check in time and the transaCllon Is
completed aller daperture.
. Card Pl8S8l1t- entire contents ofmagneUc stripe must be electronically read and transmitted
and signature obtained.
. One or more authorlzations allowed - actual amount settled cannot exceed total amount -
authorized plus 15%.
. One transaction deposited (which would Indude all services).
. Additional data tequired on dearing record (hotel check in, hotel folio #, car check out date,
rental agreement #).
. Transaction date &qual 10 and deposited electronically on car retum datalhotel check out date.
Hote/sICa. Rentals may choose 10 act as 'retailers' whereby they swipe the card and authorize the
transaClion at time of check out Under thIs seanario, CPS Retail and Merit 3 pridng will apply as long
as the addillonal data Is provlded; hotel check in and hotel folio number, or car check out date and
rental agreement number.
Visa CPS Mail OrderJTelephone Orderllntemet (no comparable MasterCard rate)
. Card not present.
. Address Verification Service (AVS) "",uired as perl of authorization.
. Shipping dale (transaClIon date) within seven days of authorization date.
. Transaction amount must be equal to amount authorized.
. Additional data "",uired In dearing record (merchant telephone number, order number and fotal
authorized amount).
. Transaction deposited electronically no later than one day after transaction date (shipping data).
If a Mail Order merchant does not or cannot provide the additional data, thelr transcations will
qualifY as either EIRF Of Standard.
MasterCard Merit 3 or Visa Custom Payment Services Retail (CPS)
. Purchasing Card and Business Card.
. Transactions must meet the technical requirements of CPS RetaiVMerit 3.
. Additional data tequired on dearing record (Sales Tax, Customer Code, e.g., Purchase Order #).
MasterCard Commercial Electronic 1 and Visa Commercial Electronic
. Transaction must be electronically authorized.
. Enriched transaction data in authorization and settlement record.
. Transaction deposited electronically same day as purchase dale.
MasterCard Com Standard or Visa Com Standard
. T ransaCllon not authorized electronically.
. Transaction deposited more than one day afIer purchase date.
. Authorization response data not Induded In _ment record.
2
419/02
Oc
MasterCard Commercial. Electronic :z
. Purchasing Card and Business Card.
. Transaction must be elednlnicallyauUtorized.
. Transacllon deposited eIecIIonlcaUy no later than one day after purchase date.
. Additional data required on clearing reconl (Sales Tax, Customer Code, e.g., Purchase Order #).
MasterCard Commercial Electronic 1
. Purchasing and Business Card.
. Transaction must be e1ednlnically authorized.
. TransactiOn deposited _cally no Ialer than one day after purchase date.
MasterCard Large Ticket
This rale automatically applies if a tra_ction exceeds $4,500 (if less. the MasterCard Com EIec 2
rate applies).
. Transaction must be eleclronically authorized.
. Transaction deposited eleclronically same day as purchase date.
. Additional data required on clearing record (Sales Tax, Customer Code, e.g., Purchase Order #).
MasterCard Commercial Standard
. Transaction 110/ authorized eIecIIonlcally.
. Transaction deposited two days or more efter purchase date.
Visa CPS Mail OrderlTelephone Orderllntemet
. Purchasing and Business Card.
. Card not present.
. Address Verification Servioe (AVS) required as part of authorization.
. Shipping date (transaction date) within seven days of au_tion date.
. Transaction deposited eleclronlcally no later than one day after purchase (shipping date).
. Transaction amount must be equal to amount authorized.
. Additional data required on dearlng record (merchantlelephone number, order number, total
authorized amount. Sales Tax, Customer Code, e.g., Purchase Order #).
Visa EIRF
. Purchasing and Business Card.
. Transaction must be eleclronicalfy authorized.
. Selected dalll fields in authorization and seWarnent records.
. Transaction deposited eIecIIonlcally no later than one day after purchase data.
. Additional data required (Sales Tax, Customer Code, e.g.. Purchase Order #).
Visa Standard
. Purchasing and Buslne.. Card.
. Transaction not authorized eledronlcally.
. Transaction deposited two days or more after purchase date.
3
419102
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Tentsa Bend...
rom:
ent:
To:
SUbJect:
Teresa Bender [tbender@c:enterillemn.com]
Friday, May 17, 2002 12:22 PM
MULEOLSON@msn.com
Laurie LaMotte Soccer Fields
Dear Mr. Olson:
I received your e-mail regarding the proposal to install irrigation to the soccer fields;
however, I feel it would be best to place this item before our Parks and Recreation
Committee on June 5, 2002 prior to Council considering same. The next Council Meeting
takes place on June 12, 2002 and would fit well with P & R's consideration of the item.
If you are ok with this or your deadline for an answer does not fit in the parameters of
these dates, please let me know.
Thank you,
Teresa
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Page 10fl
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Teresa Bender
From: TERRANCE OLSON [MULEOLSON@msn,com]
Sent: Thursday, May 16. 200210:03PM
To: tbender@centelVillemn.com
Subject: Soccer Fields proposal
I hope this is ok.
Terry Olson
7240 Unity Ave
Centerville MN
H 651-653-5932
W 651-490-6293
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5117/2002
I'
To die City olC...teniIIe.. iD cOIIDen _ben
Ceriteonial Soccer club would like to propose the following
1) Centeonial Soccer Club will pay for and install a sprinkler system 00 the two-soccer field in lhe park of
Laurie Lamotte.
What the Centeonial Soccer Club would like lhe City of Centerville to do wilh lhe fields is.
I) Mow lhe grass and if possible fertiJize it
2) Water lhe fields when need.
3) Give lhe Club a 3-5 year commitment that lhey will nol use lhe fields for anythiog but Soccer fields.
l