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HomeMy WebLinkAbout2002-05-22 CC Packet COUNCIL MEETING L WEDNESDAY, MAY 22,2002 -f 6:30 P.M. \ '{PAD 1. RoBC H. SET AGENDA HL PUBLIC HE' (S)' J!1. ~i . ..v('~,,o 0"'''_ .,. - c..fin<m<ri.. ......... ... c.re -.... to ......, ..'" .t,jlt11" I \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~ -Ld~ ~ 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 '~~ 'S--~ 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 ~ ~#j~ c/) J 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 ~ ~ ,. . 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 Page 1 of 16 . City of Centerville Ord #24 Effective: 10/27/99 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 Page 2 of 16 City of Centerville Ord #24 Effective; 10/27/99 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 Page 3 of 16 I - City of Centerville Ord #24 Effective: 10/27/99 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. Page 4 of 16 r- City of Centerville Ord #24 Effective: 10127/99 (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 Page 5 of 16 City of Centerville Ord #24 Effective: 10/27/99 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. Page 6 of 16 - --...I city of Centerville Ord #24 Effective: 10/27/99 (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 Page 7 of 16 city of CenterviIJe Ord #24 Effective; 10/27/99 (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 Page 8 of 16 '. .,. '. .' .\.-, '. .j.; L ."J. ' 1- --- -- - I -- City of Centerville Ord #24 Effective: 10/27/99 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 Page 9 of 16 City of CenterviIle Ord #24 Effective: 10/27/99 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. Page 10 of 16 City of Centerville Ord #24 Effective: 10/27/99 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. Page 11 of 16 City of Centerville Ord #24 Effective: 10/27/99 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 I I (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 ':". ,,""',. . 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 .",' , ; i;, ;- :: ~' I , .1 , i' .; .',."" ,-,.; . ,I. " i,i" 'l'.i.-" ,', '",' './ /' :~. ( ~ .' " ',.} ,H' ',' :",.' ,..(. ',,'I' 'J:" .!' ','" \ 1\ " . ., , .:'. ~ . . 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 J r ~\ ,. ;.:t ,.....,;, '. i \ ! ; _ ~,: ~ : ~ i , " ~ (; ~ H) ~'< - ',I,". '.\; !:\'.:"" " -',.i , !':"}r'~. :r .....; '~'; ,.,' ~r';i ',': ~., .' ,.;, (, "(' ;r .j".' -: ,I "d ,',-. "',.'1, ., . .'~ ' ;'.. ',J .' !'~- .i , . " .." 'f" 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 , :. 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 I-~ 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 , 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. 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II . , ., I I , \ ~, / / / CJ \ \ r, ,/ --+~ I 'ILI -y---~ n. 5 I I I , -il: .H....s.or~I---1 -- -----T ! ~ _ 0 I . 10 ~i n~Il\I_11 110O...._ "_""~m_"t1"'1 z- .. f' 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 , 51 IG. ~2 bw.. 10 ~fl~l(i'3' Lilo\a.,-tions ~lt~ lVdo amd A-bb ~11()Cu YtA:\ n + i-D ~ 5 I cks at UJe:;+uifld And '&jfu-sh prWn t- rm eu,Jz..u,/1t 'RO 3i eLL. A-l so A- Db A-n67ilW1 AJ{) pltl!4J;i Si~ em lJ--Us+ulflU ~nd~lHtd~ OM; ue $r:t('b tky C6Jvl f\o+-fnf"oV'0- . V()JLIU ilj 'I:; tW- With w.+ ~lov-fJ fJ-i n+- aLso, ~lL.UpU fvt ~OCl~ ~6m(dir:3l1'\ this l'i\o.k.Urc . ~ cJ- ~0Jmf30Aon >-[1;)1 ~u11LL ~t ~lli lis- rY\ n 55038" , ~ ~. V5 ~ ~ ~ .-.=> ~ ? Q- ""-: Ioy,] I , I" , I- ~ %>~ Z ~.S' W ~ ~ 0>,5' N ~c:> w 8 U) a. N ~ en .. "- U) ~ 1-4 ~o a >- ~~ ~ ~ 0' ~ l- I a.. 1-4 0\ W U >- W ~ a. ~ ::t ,5' U) '<'~ ~~ ~ 0- -'Yc U 0000000 ~~ 000000 ..:> 000000 000000 NOCOc.o-.::tN T"'" T"'" 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 r- I I I 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 - ::;; ~ 8 0 0 "' "' ... <0 Ul; l; 0 ~ '" "' '" '" a. " 0 '" CD '" ~ CD " CD .... .... ~ l; '" a. N N .; ... 0 gj N ... .; 0 l!i <'i .; .; ,..: 8:- 'i "' '" " '" c;; ~ "' ~ '" "' .... "' " 'f ~ "< '" "l q q t; ~ '" ~ ~ '" z W '" ~ '" ~ ~ w '" '" '" 0 , '" '" '" ~ '" in Ie CD .... .... " i::' 18 "' "' " '" "' J! ,..: .,; ,..: .,; <6 a c '" ~ '" 0 <D ::I '" '" ~ '" 0 '" '" > "", " " " 0 ..i! " " 0 " ....s 0 .; 0 .; 0 Ol <D .... 'ii '" ~ .. .... .c .. '" '" en i! 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'" E w ::> ::;; w w Z a: c:i :I: N .. z it. S2 '" a Z w '" <( g '-' z z ~ I .... Iii ~ ::;; ii2 a. 0 w Z [Q a c) 0 '" '" '" ..; tu rJ) ri Z w en '" ~ :I: rJ) W a: w z rJ) a '" W i. .. >i: ~ 0.. a: ..J :J: I!! " w ::> rJ) " ~ ..J 'l::' .0 a w a ::> a. Z w a ..J w ..J '" E a .... a ..: '-' w w 3: a: w ~ w '" ::I () rJ) ::;; a. ::;; a. '" rJ) '" z .... >- " () - 2:l z W .;;; ~ '" '" ~ "' ~ "' m " ~ ~ 0 '" '" I" il 0 .. '" .Ol 8 '" .... <D '" .... <D '" D:: .. :5 0 0 :5 0 0 0 0 :5 0 0 .... I!! " " Co ~ rJ) .. 0 :5 0 0 " 8 0 0 0 " :5 - l'l 0 " w 0 0 [5 0 0 0 :5 :5 0 0 0 ; - iii c !:i 0. :5 0 0 :5 0 0 :5 0 0 0 g! ~ E :5 0 0 " 0 8 0 0 :5 :5 0 "al '0 0 0 0 0 0 " :5 " 0 " &f,::Z: ell :t u: w 0 0 0 0 0 0 0 0 0 0 0 0 . 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 III oJ oJ -(I)S ~I-Q IIIZ'" ~1II Z::EM IIII-X Ull)U 11.1110:: O~< ~-::E (; .,,'E..: I!! .U .. 1: CD . C 0 :sa:8::iE 1: '0 .. s.s .. .. In ~ .5 - ~ e $" !!t ~ > .5 - CD e .. .. .l!!.5 l! ill ~ > ....5 GIN ~~ .!!~ ,;.. GI .. ".21 "".. l!c ~ ... "'~ .U .. ~~ te1: CD I!! S !; .50 GIN US! e_ "", ;as .. lIlte z:! 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M '" N - ~ Z OJ :IE l- ll) ~ ....I ....I < ....I ;5 l:! ~ iii 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 W ...J N ...J '" -(/)0 ii;:1-~ WZeo I-WN Z::;;> WinO:: OWe( u.>:J OZO:: ~-~ o " ~ - .. g~ G::_ ,~ $ " .5U ,~!~ CD CD ~. 0 Sa:(J:E "'" g~ .!~ "'" Ill.. 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'" '" .. 000 000 oog gso cioo ocoo "'..- .. .. -~- eS2e ~a~ M~~ gSg c:iog 880 sigg <<i..._ .. .. 1 .! ~ o .. .! .. ill 1: " U J J!l Iii:::;:::; :::; E~{)O _ :::;:::; .. ..J:J I!!:z:r::r: eu.u..u. .. C! .. .. .. :t .. .. .; .. .. .,; .. .. a g a .,; .. l:l a a c:i a .. .,; .. .. .. ~ g .; .. .. .. ~ g .. .. C!. :il ~ ! " s .. !r .5 l!i ~ .. .... i '" ... S :;: ,..: ~ - .. .. ,., liil .. ... - .: .. ... .. .. - .. '" - i:! ~ ~ .. l:i .. .. - .. ~ " '0 C " IL .!! :;; " ... i en - '" cD '" ... - - .. .. " I '" co ~ ... .. .. - ..; l:! '" .. ., Ii .. '" cD ... .... : g .; .. ~ $ ~ .: .. :::; ... '" ~ - .. - .,; .. '" .: 51 ri .. [!! 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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 , >" ervi{{e '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, - ". ~..'....... ~. 0" ff~' II :j~; ~L~I:JI I i'(\:l::;;~:ii!l"iI';H::' .nrt....,...lI~...... UirlT1IlITTln ,n- ..... '-, ",,-~.~-"---. 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 $439 million shortfall. The most likely targets, as you probably know, would be state aid to school districts and local governments, which would shift additional burdens onto local taxpayers. I am opposed to this approach, and am committed to working with you and other local officials to ensure a fair resolution to the budget impasse. The communities that are included in the new district 52 are May Township, Marine on St. Croix, Scandia, Forest Lake, Hugo, Lino Lakes, Centerville, Linwood, Columbus, Stillwater, Stillwater Township, Dellwood, Willernie, Mahtomedi, Birchwood Village, and Pine Springs. I am planning on visiting with all of the elected officials in the new district, and I look forward to seeing you at your May 2200 council meeting. Please don't hesitate to contact me if I can be of any assistance. ~ ly, .............~. ~r~! tor Jane Krentz . , Environment & Natural Resources Committee G _Fa...- I(f!PO$t- 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 ~. , , t -} &y 17 2B82 15:Z7:82 ViII FIIX .-.../\ i~c 1""""""'~1"""",,,(1Hoo t.'"1fIw,-..:4I11j1~Il.'r 651 429 11629 AdJniniiStrator PlIIle 881 Of 1183 -FridayFax- 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. '1' '1' '''11'11"1..11"11"11"1'1'''' tIcly 172882 15:Z?:5B Ilia Pax -) ,.,...!\ ........." .-..- LMC 651 429 BG2'3 AdJn i nistrator " Pll8C BB2 Of BB3 , -FridayFax- 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 -) 651 42'3 ~29 Acbtinistrator PClIIC 883 Of 883 ...__1\ iMc 1~,,!ofh,-...fHl\Y< t.it.w~~~....>>&_ -FridayFax- 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 $10 per capita out ofproceeds from sale or tax forfeited land dedicated for those purposes. . . . . . . . . . . Por ~r.ll\rOrmIUon OR cil)' l'sill.Uv.I..u~ conlacl an)' rnmber of lh.lAIau- of Mlullota Chili 1n1.J.C'....n.ZMnllllltl&lIou leam. 651.281.1200 or SOO.~2S.1122 I _ . 1!a)""1T,oZ oa,4!lIIII FrarANOKA CWITY ELECTICIlS I'OTER REGIS +783320284 T-.406 P.Ol/04 F-iZ3 , .' COUNTY OF ANOKA otilu of EJectums " Voter ~a[ioo 325 East Main Slreet, AnCka MN 55303 PHONE; (763) 323-5275 FAX: (753) 4.22.7526 TOOlTTY: (7SS) 323-5289 May 17, 2002 TO: Election Lil\iSons i:-.. ..A. FROM: Gary A. Poser, Supervisor of Elections {j W ~ SUBJECT: New 2002 County Commissioner Districts Today, the AnoKa County Board adopted Resolution 1f2002-85 reClistricting 2002 County Cor,nmissioner Districts. Enclosed you will find a map of the new dIstricts and a copy of the resolution Clesignating the precincts in each commissioner district and the terms of each district. Additional information regarding redistricting will be included in the June edition of ACCESS. Please contact me il you have any questiOns. Ma~lT-02 08:46111 Fr.ANOKA COlllTY ELEtTICfiS VOTER REGIS +76332"284 T-406 P.02/04 F-823 " EXHIBIT A SAINT I'/IANClS I l:-.J UNWOOa TO_$/lIP EAST SET!fll~ , i SURN$ TOWNSHIP I ICGROVE I 1 , I , i 2 \ 0 ~, CO~l.JAfBUS TOWNSHIP RAMSEY 6 NDO~1l I1AIIlUKE ;;> 5 ~LAJNE L.. L CiTERj I.I.NO ~AKri-- Anoka County Commissioner Districts SPRING liE FARK FlllOUY 2002 .4 I "/~t:rO,. L""'_!fB HTS r1 ~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 . "" 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 . - . . . '.. . . 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 . ..".. "'-._--"'~_'~_'_.,.._--~---~.- I , 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 ------, I I I I I I I I I I I I I I I I I I I I I 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 L_________________________________-----~ r----- I I I I I I I I I I I I I I I I I I I I I 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 r - I I I I I I !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. . .'" 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 "." " I I i I I 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 ". ..........--- ... ~~~l:n3 ~ e 'ifl,'ifl,'ifl,'ifl,'jI. 18 ~ ~l;n;; ..-)"":ujP)eS !II: ~~~~t") z :5 ID ~'ifl,~~~ ",a 10 Ia.., ~;:!I:!~lli 1ll~2~~ o '" (..,,~ "'.., z ~~~~~ ;t:2~~N :illi:l~~'" w ~~ ~> wO:: ...;:) Z0 w'" CJZ u.W o~ ~~ - CJ ~ :i'Gi r~ i Iii l! 00 - o " ~Ol.':~ -~1D() ~~jig =:5. "i"i"5 I"~~~ i!: lll'~.c i !.e~~ .cl!l . r~o IS I ii~ .s :g~ .e Ifill !~!fl l!~j~~ alftS mQ. as ~s ::1::1 .c ss.ssr l! l!!J"l!= -- .- ~ .fl.fl .flz ;!::I::I;!::I !;:,~~!;:,~ :s!:s!3i!:g3i! ::Ii :a ;:, _6 :Ii ~~~~~ "":NM-.:tri 8~ "'.., ~ . '"2 lie ~, tt ii i 00 !! EE ~-i ~ - itl ~ ~ i~~.e fj'ggE ..IOU & ~~!g. i 1l!"''i5 ! :H~. ;e 31Slc J 1 i~J~ ~ ! i~&i s E 'l!15~<; 11 J ~Ili ~ i ~~~G i j a.~ ~ _ ~ ~ ~I~~ i E E,",foOl.s:5- a; c;" = ~ o oE.fia :a.- ~ j5 ii~i ~1 ~~! i~ll Ii jli~ ...... Ii i~~ 11 ~ i~ jt~ ~lti:t ..... i ......~ -gB 15~5. -;s~--: ~'"' "E~ ;z.a1i-:a. ~ ill lii ~~ f ! g ~ljJ~ ill; ~i .......8 'E;: lJ ..8 C",p> lJ.-.!I!j c. ~g~!;i;iii~~ti ~ij~e~~8i'~~~:!! li~~-::S:~-:WElSE~": U..-N C')... 10 co r--.co .:oI \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 - ~.%.~ .::-:,;,: "".".: ::::~~:. .":-:.;': - 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 r--::u /'" 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 1 I l --~ Page 10fl .. '\' 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 I I I l _ 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