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01-02-03 agendaCITY OF RICHFIELD, MINNESOTA THURSDAY, JANUARY 2, 2003 SPECIAL CITY COUNCIL MEETING COUNCIL CHAMBERS 6:30 P.M. AGENDA INTRODUCTORY PROCEE-DINGS Call to order Oath of Office to Mayor Martin J. Kirsch Oath of Office to Council Member At-Large Suzanne M. Sandahl Roll call Pledge of Allegiance 1. Consideration of designating Mayor Pro Tempore for 2003 Staff Report No. 1 Notes: 2. Consideration of designating Steven L. Devich, Administrative Services Director, as Acting. City Manager for 2003 Staff Report No. 2 Notes: 3. Consideration of resolution designating- Richfield Sun-Current as official newspaper and Star Tribune as second official newspaper for 2003 Staff Report No. 3 Notes: 4. Consideration of resolutions designating official depositories, including collateral, for 2003 Staff Report No. 4 Notes: 5. Consideration of resolution regarding attendance by Council- Members at Council meetings in 2003 Staff Report No. 5 Notes: 6. Discussion of City Council attendance at National League of Cities Conferences and N.O.I.S.E. Conference in 2003 Staff Report No. 6 Notes: 7. Adjournment Auxiliary aids for individuals with disabilities. are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. AGENDA ITEM # j REPORT # j J STAFF REPORT CITY COUNCIL MEETING JANUARY 2, 2003 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASSISTANT NAME, TITLE REPORT PRESENTER: STEVEN L. DEVICH, ACTING CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of designation of Mayor Pro Tempore for 2003. I. RECOMMENDED ACTION: B Motion: Council deli nation. of Ma or Pro Tem ore for 2003. II. BACKGROUND It is necessary to designate a Council Member to serve as the Mayor Pro Tempore for those times when the Mayor is absent from the City. Council Member Sue Sandahl served as Mayor Pro Tempore for 2002. III. BASIS OF RECOMMENDATION A. POLICY • Each year the City Council designates a Council Member to serve as the Mayor Pro Tempore. 0102protempore B. CRITICAL ISSUES • It is necessary to designate a Mayor Pro Tempore to ensure continuation of City operations during an absence of the Mayor. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Defer the designation to a future Council meeting. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA ITEM # 2 REPORT # 2 J STAFF REPORT CITY COUNCIL MEETING .JANUARY 2, 2003 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASSISTANT NAME, TITLE REPORT PRESENTER: STEVEN L. DEVICH, ACTING CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a designation of an Acting City Manager for 2003. I. RECOMMENDED ACTION: By Motion: Designate Steven L. Devich, Administrative Services Director, as the Actin Cit Mana er for 2003. II. BACKGROUND It is necessary to designate a person to serve as the Acting City Manager for those times when the City Manager is absent from the City. The Director of Administrative Services has previously been designated as the Acting City Manager. III. BASIS OF RECOMMENDATION A. POLICY • Past practice has been for the City Council to designate an Acting City Manager for times when the City Manager is absent from the City. _ • The Administrative Services Director has previously been designated as the Acting City Manager. 0102manager B. CRITICAL ISSUES • It is necessary to designate a person to serve as the Acting City Manager to ensure continuation of City operations during an absence of the Manager. C. FINANCIAL • N/A D. LEGAL • N/A IV. t1LTERNATNE RECOMMENDATION~S~ • Defer this designation to another Council meeting V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA ITEM # 3 REPORT # 3 ~- STAFF REPORT CITY COUNCIL MEETING JANUARY 2, 2003 REPORT PREPARED BY: DEBORAH GUIHER, DEPUTY CITY CLERK NAME, TITLE REPORT PRESENTER: NANCY GIBBS, CITY CLERK NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNA REVIEWED BY CITY MANAGER: ©'~ ' ~~~ ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution designating an official newspaper for 2003. I. RECOMMENDED ACTION: By Motion: Approve the resolution designating for 2003 the Richfield Sun-Current as the official newspaper and the Minneapolis Star Tribune as the second official newspaper for the City of Richfield. III. BACKGROUND ~ The Richfield Sun-Current, published by Minnesota Sun Publications, has been the City's official newspaper for many years. Attached is a copy of a letter from Minnesota Sun Publications requesting that they be designated the official newspaper for the City of Richfield for 2003. The 2003 advertising rate structure for legal notices is as follows: 1 Column width $14.30 per inch $7.15 per subsequent inch 0102newspaper There are 11 lines per inch. The 2002 rate was the same as the rate proposed for 2003. For 2003, the Minneapolis Star Tribune should be considered as the second official newspaper to be used only in rare situations where more timely publication dates are required. The 2003 advertising rate structure for legal notices in the Sunday and week day, metro and statewide, issues is $4.15 per line. The 2002 rate was $3.78 per line. III. BASIS OF RECOMMENDATION A. POLICY • The Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. • The Sun-Current has expressed an interest in continuing to serve as the official newspaper of the City. • The Sun-Current has served well as the official paper for many years. • The Sun-Current is delivered to nearly all residences in the City. B. CRITICAL ISSUES • The designation must be made at the first meeting of the new year. C. FINANCIAL • The cost for the official publications is reasonable. D. LEGAL • A newspaper must be designated each year by the City for publication of all official and legal City business. IV. ALTERNATIVE RECOMMENDATION(S~ • Not make a designation and request the City Clerk's office to check into using another publication. V. ATTACHMENTS • Resolution • Letter from Minnesota Sun Publications • Fax from Star Tribune VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2003 WHEREAS, the Charter of the City of Richfield requires in Section 13.01 thereof that the City Council annually designate an official newspaper for the City. NOW, THEREFORE, BE IT RESOLVED that the Richfield Sun-Current is designated the official legal newspaper for the City of Richfield for 2003 for all publications required to be published therein. BE IT FURTHER RESOLVED that the Minneapolis Star Tribune is designated as the City of Richfield's second official newspaper for 2003. Adopted by the City Council of the City of Richfield, Minnesota this 2nd day of January, 2003. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk '{: *~; .:~~~ _ -_`;_ . newspapers December 13, 2002 City of Richfield City Council 6700 Portland Avenue Richfield, MN 55423-2599 Dear City Council Members: The Richfield Sun Current would like to be considered for designation as the legal newspaper for the City of Richfield for the year 2003. All published legal -notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broad- en the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun Current is our home delivery. Sun Netivspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. We would like to continue working with you, therefiore, we will not be making a rate change for the coming year. The rate structure for iegals effective January 1, 2003 will be: 1 column width: $14.30 per inch for first insertion $ 7.15 per inch for subsequent insertions There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline .for regular length notices is 2:00 pm the Wednesday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The a-mail address for the legal department is IegalsC~mnsunpub.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Meridel Hedblom, our Legal Representative, at 952-392-6801. Thank you for considering the Sun Current as the official newspaper for the City of Richfield in 2003. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeffrey Coolman Vice President of Sates and General R"."Hager 10917 V.-~,LE~ Vatic Roan ®EDE~ Px~~uuE ®l~IL1NESOT~ 553 ®952-8~9-0797 ®F~x: 95~-9~1-3588 ~.ci ~.li cv~c ic.~f~ [AAA O1G O(J 4804 J1H1C 11C1DU1Y L' 1.LJ. A1JY. Ip~UUl 425 Portland Avenue C~~C... Minneapolis, Minnesota 554813 0002 ~~~ December 11, 2002 The Legal Notice rate beginning ]anuary 1, 2003 will be $4.15 per line. ' Thank You. Cheri Ronglien Supervisor Classified Cal! Cc nter Supervisor AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JANUARY 2, 2003 4 4 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE REPORT PRESENTER: FINANCE MANAGER NAME, DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: Q ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions designating official depositories for the City of Richfield for 2003,. includin the a royal of collateral I. RECOMMENDED ACTION: By Motion: Adopt the attached resolutions designating official depositories, with the understanding that the. City could not invest in any of the depositories beyond the level of insurance coverage of the aledaed collateral. II. BACKGROUND N/A III. BASIS OF RECOMMENDATION A. POLICY • In accordance with Minnesota Statutes Section 118A.01 - 118A.06, the City of Richfield must designate financial institutions annually. The institutions must pledge the collateral over and above the amount of federal insurance, as public depositories. 0102depositories • M&I Marshall &Illsley Bank, pledging $1,500,000 of collateral, has fulfilled this requirement and should be considered as a depository for the City's Deputy Registrar, payroll and vendor accounts and all savings deposits in excess of $100,000. • The City must also designate annually, certain savings and loan associations and banks as official depositories for investment of certain City funds. With approval of these official depositories, the City will be able to invest funds in these institutions, not exceeding the federal. insurance of $100,000. • Finally, a designation must be made for certain financial institutions as depositories for the investment of City funds_for 2003. These institutions, such as investment brokerage firms, offer government securities in the manner required by law. These financial institutions include M&I Marshall &Illsley Bank, Dain Rauscher, Wells Fargo Brokerage Services, Morgan Stanley Dean Witter, Legg Mason, Morgan Keegan and N.A. Investment Services, Inc. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • The City is required by .Minnesota Statute 118A.01 - 118A.06, to designate as a depository of funds, insured banks or thrift institutions. Any collateral so deposited is accompanied by an assignment pledged to the City in the amount specified in the attached resolutions. IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could solicit other financial institutions for official depositories, but past relationships with the depositories recommended have proven satisfactory for the City. V. ATTACHMENTS • Resolution designating M&I Marshall &Illsley Bank a depository of funds of the City of Richfield- for the year 2003 and approving collateral • Resolution designating certain savings and loan associations and banks as depositories for the investment of City funds in 2003. • Resolution designating certain financial institutions as depositories for the investment of City of Richfield funds in 2003. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None REVISED Agenda Item 4 RESOLUTION NO. S taf f Rep t 4 RESOLUTION DESIGNATING M & I MARSHALL & ILLSLEY BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2003 AND APPROVING COLLATERAL BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 118A.01- 118A.06, M & Marshall & Illsley Bank be, and hereby is designated a depository of the funds of the City of Richfield, subject to modification and revocation at any time by said City, and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank- deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the City Council of said City. That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited all monies from the water, sewer, storm sewer, liquor, swimming pool/ice arena, deputy register fees, City permits and other deposits not otherwise specifically provided for. The following officers or their facsimile signatures shall sign checks on this account; SAMANTHA ORDUNO, CITY MANAGER STEVEN L. DEVICH, TREASURER BE IT FURTHER RESOLVED, that there shall be a daily interest savings. account. All withdrawals from said account will be for transfers to the general checking. account. BE IT FURTHER RESOLVED, that collateral in the amount of $1,800,000 is deposited for safekeeping at the The Kansas Bankers Surety Company, is hereby approved. Passed by the City Council of the City of Richfield, Minnesota this 2nd day of January, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS AND BANKS AS DEPOSITORIES FOR THE INVESTMENT OF CITY FUNDS IN 2003 BE IT RESOLVED, by the City Council of City of Richfield, Minnesota WHEREAS, pursuant to Minnesota Statutes, Sections 118A.01 = 118A.06, municipal funds may be deposited in any Savings and Loan Association or Bank which has its deposits insured by the Federal Savings and Loan Insurance Corporation (FSLIC) or the Federal Deposit Insurance Corporation (FDIC), and WHEREAS, the amount of said deposits may not exceed the FSLIC/FDIC insurance covering such deposits which insurance amount is presently $100,000, and WHEREAS, the deposit of City funds in Savings and Loan Associations and Banks would provide greater flexibility in the City's investment program and maximize interest income thereon, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City funds that various banks be designated as additional depositories for City funds for 2003. 2. It is further found and determined that the purpose of such depository designation is to facilitate the proper and advantageous investments of City- - funds and that such designation is not exclusive nor does it preclude the deposit of any City funds in other officially. designated depositories of the City..- 3. The Treasurer and Finance Manager are hereby authorized to deposit City funds in various depositories up to the amount of $100,000, or such other amount as may be subsequently permitted by law, such deposits to be in the form of demand .accounts for Public Unit Savings Certificates purchased by the City, payable to the City of Richfield on the signatures of the City Treasurer of Finance Manager. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager as his best judgment and the interests of the City dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies of the City. regarding the investment of City funds. Adopted by the City Council of the City of Richfield, Minnesota this 2nd day of January, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2003 WHEREAS, the City of Richfield has money which is available for investment, and WHEREAS, different financial institutions offer different rates of return on investments, and WHEREAS, the City of Richfield shall purchase U. S. Treasury Bills, U. S. Treasury Notes and other such government securities in the manner required by law from the institution offering the highest rate to the City of Richfield providing greater flexibility in the investment program and maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota, in accordance with Minnesota Statutes, Sections 118A.01 - 118A.06, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City of Richfield funds that`certain financial institutions be designated as additional depositories for City of Richfield funds for 2003. 2. The following financial institutions designated. as depositories for the City of Richfield funds: Dain Rauscher, Inc. Morgan Stanley Dean Witter Wells Fargo Brokerage Services Morgan Keegan N.A. Investment Services, Inc. Legg Mason 3. The Treasurer and Finance Manager are hereby authorized to deposit the City of Richfield funds in any or all of the depositories herein designated. Such deposits may be made and withdrawn-from time to time.. by the Treasurer or Finance Manager's ' judgment and as the interest of the City of Richfield dictates. 4. The investment of funds. and the reporting .thereof, pursuant to this resolution shall be conducted in accordance with established policies regarding the investment of these funds. Adopted by the City Council of the City of Richfield, Minnesota this 2nd day of January, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JANUARY 2, 2003 5 5 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASSISTANT NAME, T/TLE REPORT PRESENTER: STEVE L. DEVICH, ACTING, CITY MANAGER ~ NAME, TITLE REVIEWED BY CITY MANAGER: ~i " ~ (~~~ ~~ ~ Q V ITEM FOR COUNCIL CONSIDERATION: II Consideration of a resolution regarding- Council Member attendance at Council meetings. I. RECOMMENDED ACTION: By Motion: Approve the resolution regarding attendance by Council Members at Council meetin s for 2003.. IIL BACKGROUND Subsection 205.15 of the Richfield City Code establishes an attendance policy for Council Members. The policy requires attendance to be taken at every regular and special meeting of the City Council and provides for the imposition of a monetary penalty for unexcused absence from a Council meeting. The policy may be annually invoked by resolution of the City Council III. BASIS OF RECOMMENDATION A. POLICY • The Richfield City Code establishes attendance rules, which may be invoked for any calendar year by Council resolution. • Council Members have requested that this matter be placed on the agenda for consideration at the January ~ 2, 2003 meeting. B. CRITICAL ISSUES • None. 0102attendance C. FINANCIAL • None. D. LEGAL • None. IV. ALTERNATIVE RECOMNIENDATION(S~ • Defer action on this item to another Council meeting. V. ATTACPIMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION REGARDING ATTENDANCE BY COUNCIL MEMBERS AT COUNCIL MEETINGS WHEREAS, the attendance of Council Members at meetings is one of the most important duties imposed by law on members; and WHEREAS, member presence to participate in hearings, deliberations and decisions of the Council- is essential to the proper discharge of the member's official duties; and WHEREAS, recognizing that it-is not always possible for amember#o-be present at all meetings and that by reason of business demands, state of health, personal problems, vacations and other matters, occasional absences are excusable; and WHEREAS, Subsection 205.15 of the Richfield City Code establishes rules for attendance at City Council meetings that may be invoked by resolution of the Council. NOW, THEREFORE, BE IT RESOL!/ED, by the City of Richfield, Minnesota that the following rules apply to absences of Council Members from meetings during calendar year 2001: 1. This resolution applies to all regular meetings of the Council, as defined in Subsection 205.01 of the Richfield City Code. This resolution also applies to duly called special business meetings of the Council. The resolution does not apply to special informational or special ceremonial meetings. Special Council meetings are those called pursuant to Subsection 205.03 of the Richfield City Code. For purposes of this resolution, special meetings are further categorized as: a) Special business meetings. Special business meetings include: Special meetings called to conduct official business of the City where the Council considers action requiring a vote of the. City Council; special work study meetings; and special meetings called for the purpose of conducting a public hearing:. b) Special informational meetings. Special informational meetings are those called for the City Council to receive information or to participate in discussion but where no official action of the City Council is taken, except that the term does not include special work study meetings or meetings` called for the purpose of conducting a public hearing. c) Special ceremonial meetings. Special ceremonial meetings are those called for ceremonial activities but where no official action of the City Council is taken, including ribbon cuttings, community celebrations and similar activities. 2. Any member of the Council desiring to be excused shall insofar as possible, give advance notice to the City Manager stating i) the meeting:at which the member will be absent; ii) the member's reason for being absent; and iii) the member's location during the meeting. 3. At the beginning of each regular or special business meeting, the Clerk shall call the roll. If a member is absent, the City Manager shall report any communication from. the absent Council Member regarding the reason for absence. The Mayor shall request the Council Members to determine whether the absence is excusable or inexcusable. 4. For each unexcused absence from a regular or special business meeting, the absent member shall be penalized by a fine of $25 and the Mayor, if absent, shall be penalized by a fine of $50: The fine shall be automatically deducted from the next Council Member payment unless otherwise directed by a majority of the City Council Members present. 5. This resolution remains in effect until December 31, 2002 unless revoked prior to that date by resolution of the City Council. This resolution supersedes Resolution No. 9136. Adopted by the City Council of the City of Richfield, Minnesota this 2nd day of January, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA ITEM # REPORT # ~- STAFF REPORT CITY COUNCIL MEETING JANUARY 2, 2003 6 6 REPORT PREPARED BY: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE REPORT PRESENTER: STEVEN L. DEVICH, ACTING CITY MANAGER ~ NAME, TITLE REVIEWED BY CITY MANAGER: © / ITEM FOR COUNCIL CONSIDERATION: Discussion regarding Council attendance at 2003 National League of Cities Conferences and N.O.I.S.E. Conference. I. RECOMMENDED ACTION: By Motion: Designate CounciF Member(s) to attend the March 2003 National League of Cities (NLC) Congressional Conference;. July 2003 N.O.I.S.E. Conference; and the December 2003 NLC Congress of Cities Conference. II. BACKGROUND Council Member Enger informed the City Manager last week that he wishes to attend the National League of Cities (NLC) CongressionaLConference in Washington, D.C. in March. Because the Council decided in 2002 that attendance at conferences should be rotated among the Council Members, this item is placed on the agenda so the Council may consider the attendance for the three conferences in 2003. These conferences become especially important this year as federal policy issues affecting a wide variety of local government concerns will be on the congressional agenda. Like Minnesota, 45 other states are facing budget deficits and the information obtained at these conferences can be critical in dealing with the difficult times ahead. Knowing which Council Member(s) will be attending each of the conferences will help staff with early registration and airline schedules. 0102conferences III. BASIS OF RECOMMENDATION A. POLICY • The Council has determined that attendance at the NLC and N.O.I.S.E. Conferences is beneficial to the City's operations and long- range planning efforts. B. CRITICAL ISSUES • While the City faces potential and perhaps serious-revenue-reductions from the State, it is even more critical that the Council remains in the informational loop regarding congressional activities as it relates to airport/aviation activities, federal funds and homeland security issues. • Because the Legislature will be addressing the deficit issue, it is doubtful that State dollars will be allocated for airport mitigation in 2003 and 2004. It becomes even more critical to keep the City's airport impacts issue before our congressional delegation. C. FINANCIAL • The NLC Conferences are budgeted in the City's 2003 budget. The N.O.I.S.E. Conference is budgeted in the HRA 2003 budget. D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Address this issue prior to each. conference. • Decline to send Council delegates to any or only designated conferences. V. ATTACHMENT (S~ • List of conferences. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 2003 CONFERENCE REGISTRATION CITY COUNCIL National League of Cities Congressional Conference March 2003 N.O.I.S.E. Conference July 2003 National League of Cities Congress of Cities Conference December 2003