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11/27/2012
LAUDERDALE CITY COUNCIL MEETING AGENDA 7:30 P.M. TUESDAY, NOVEMBER 27, 2012 LAUDERDALE CITY HALL, 1891 WALNUT STREET The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL THE MEETING TO ORDER 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the November 13, 2012, City Council Meeting c. Claims Totaling $32,321.94 4. CONSENT a. October 2012 Finances b. Step Increase for Deputy Clerk Kevin Kelly c. Findings -of -Fact for Variance Request for 1746 Carl Street — Resolution 112712A d. 2013 Sanitary Sewer, Storm Sewer, and Recycling Rates — Resolution 112712B e. Application for 2013 SCORE Grant for Recycling — Resolution 112712C 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. 8. DISCUSSION / ACTION ITEMS a. 2013 Budget and Levy b. Non -Union Employee Compensation for 2013 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. Billing Agreement with St. Paul Regional Water b. Rental Housing Ordinance Revisions c. Fire Call Charge Backs d. Application for Public Entity Innovations Grant for Recycling a. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting for specific items on the agenda, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. b. Eustis Street and Larpenteur Avenue Streetscape c. Animal Ordinance Revisions d. Nightly Use of the Dog Park 13. CLOSED SESSION a. Administrator Performance Evaluation 14. ADJOURNMENT LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 3 November 13, 2012 Mayor Dains called the City Council meeting to order at 7:32 p.m. Councilors present: Mary Gaasch, Roxanne Grove, Denise Hawkinson, Lara Mac Lean, and Mayor Jeff Dains. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator; and Kevin Kelly, Deputy City Clerk. Mayor Dains asked for changes to the meeting agenda. The Mayor added Ramsey County's plans to update its computer aided dispatching software to the agenda. Councilor Mac Lean moved to approve the amended agenda. Councilor Gaasch seconded the motion and it passed unanimously. Councilor Grove moved to approve the October 23, 2012, City Council meeting minutes. Councilor Mac Lean seconded the motion and it passed unanimously. Councilor Hawkinson moved approval of the claims totaling $98,302.07. Councilor Grove seconded the motion and it passed unanimously. Councilor Grove moved to approve the consent agenda acknowledging the Third Quarter Investment Report. Councilor Mac Lean seconded the motion and it passed unanimously. Special Order of Business: Canvas Election Results — Resolution I I 1312 Councilor Grove moved to approve Resolution 111312A — A Resolution Certifying the Election Returns of the November 6, 2012, General Municipal Election. Councilor Gaasch seconded the motion and the resolution passed unanimously. Informational PresentationslReports: Prosecuting City Attorney Katrina Joseph on proposed changes to the Court Schedule — Resolution 111312B. Katrina Joseph addressed the Council regarding the scheduling changes proposed by Ramsey County District Court judges. The new schedule will increase the hours required by Katrina to represent the City. She said it would affect all suburban Ramsey County cities in the same way. The scheduling change will ultimately result in greater legal expenses for the suburban cities. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 3 November 13, 2012 The police chiefs and public defenders in Ramsey County also oppose the change. Katrina asked for Council consideration of a resolution supporting her efforts to keep the schedule unchanged. Councilor Gaasch moved to adopt Resolution 111312B — A Resolution Requesting the Ramsey County District Court Retain the Current Scheduling System for Suburban Criminal Cases. Councilor Mac Lean seconded the motion and it passed unanimously. Discussion Items: Variance Request for 1746 Carl Street John Hazen, the owner of 1746 Carl Street, proposed adding a second story to his garage. The variance was requested because the existing garage is located within the side -yard setback area. When the garage was constructed in 1980, the owner received a two -foot variance to the side - yard setback. To expand the structure in that footprint requires a variance. Mayor Dains opened the public hearing regarding the variance request for 1746 Carl Street at 7:45. No one came forward and the hearing was closed at 7:46. Councilor Gaasch moved to approve the variance request and directed staff to prepare findings -of -fact for the next meeting. Councilor Mac Lean seconded the motion and it passed unanimously. Revisions to the Open Burning Ordinance 5-7 Butkowski informed the Council that the city attorney had reviewed the proposed changes. The changes bring the ordinance in compliance with the State Fire Code. Mayor Dains opened the public hearing regarding the Open Burning Ordinance at 7:49. No one came forward and the public hearing closed at 7:49. Councilor Grove moved to adopt Ordinance 5-7 regarding Open Burning. Councilor Hawkinson seconded the motion and it passed unanimously. 2012-2013 Union Contract The City Council and union employees agreed to a 2% wage increase effective January 1, 2013. Councilor Hawkinson moved to approve the union contract addendum increasing wages by 2% for 2013. Councilor Mac Lean seconded the motion and it passed unanimously. 2013 Sanitafy Sewer, Storm Sewer and Recycling Rates Bownik stated the Recycling Fund is healthy and didn't propose any changes to the 2013 recycling rates. Bownik also didn't recommend an increase to the sanitary sewer rate as the LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 3 November 13, 2012 wastewater treatment costs set by the Metropolitan Council remain flat. Bownik recommended a 12.5% increase in storm sewer rates for 2013 to cover expenses and maintain a healthy fund balance. He will prepare a resolution setting the 2013 rates for the next council meeting. Additional Items: Ramsey County Computer Aided Dispatch The Mayor updated the Council on the discussion had by the Ramsey County Board with regard to the replacement of their dispatching system. Two years ago, the cities of St. Anthony and Roseville were forced to update their records management software. As the vendor of the software purchased by the cities was not selected by the County, there will be costs to integrate the cities' records management software with what the County has selected. Some County Board members believe integration costs should be borne by the cities. Other County Board members argue that the County did not make timely decisions with regard to the dispatching software which created this situation so the costs should not be borne by the cities. The integration costs are estimated at $250,000.00. Agenda items for the November 27 council meeting will include a discussion on the 2013 budget and levy, application for the 2013 SCORE grant for recycling, application for the Public Entity Innovation Grant for Recycling, establishing utility rates for 2013, and a new billing agreement with St. Paul Regional Water Services. Mayor Dains explained the Council was moving into the work session. Work sessions are a continuation of the meeting but not aired on community television. The Mayor asked if anyone present wished to address the Council. No one present addressed the Council. City Logo The Council reviewed the logo design prepared by Councilor Hawkinson. The Council liked it and staff will work on it with Councilor Hawkinson. There being no further business on the council agenda, Councilor Hawkinson moved to adjourn the meeting. Councilor Grove seconded the motion and it carried. The meeting adjourned at 8:20 p.m. Respectfu y submitted, C Kevin lly Deputy City Clerk CITY OF LAUDERDALE CLAIMS FOR APPROVAL November 13, 2012 City Council Meeting Payroll 11/23/12 Payroll: 11/23/12 Payroll: Vendor Claims 11/27/12 Claims: Direct Deposit # 501471-501480 Payroll Liabilities, e -payments #721 E -724E Check #'s 21481-21499 $8,395.37 $7,134.56 $16,792.01 SUBTOTAL $32,321.941 Total Claims for Approval $32,321.94 CITY OF LAUDERDALE 11/21/12 10:56 AM Page 1 *Claim Register© 112312pyroll Pre -Written Check $7,134.56 Checks to be Generated by the Compute $0.00 Total $7,134.56 NOVEMBER 2012 Claim Type Direct Claim# 3004 NORTH STAR BANK, CHECKING S Ck# 000721 E 11/21/2012 Cash Payment G 101-21703 FICA WITHHOLDING. 11/23/12 Payroll $1,795.98 Invoice Cash Payment G 101-21701 FEDERAL TAXES 11/23/12 Payroll $1,154.89 Invoice Transaction Date 11/21/2012 Due 0 NORTH STAR CHE 10100 Total $2,950.87 Claim# 3005 ICMA RETIREMENT TRUST- 457 Ck# 000722E 11/21/2012 Cash Payment G 101-21705 ICMA RETIREMENT 11/23/12 Payroll $1,474.18 Invoice Transaction Date 11/21/2012 Due 0 NORTH STAR CHE 10100 Total $1,474.18 Claim# 3006 PERA Ck# 000723E 11/21/2012 Cash Payment G 101-21704 PERA 11/23/12 Payroll $1,592.35 Invoice Transaction Date 11/21/2012 Due 0 NORTH STAR CHE 10100 Total $1,592.35 Claim# 3007 MN DEPARTMENT OF REVENUE Ck# 000724E 11/21/2012.,_tir y.r sr Cash Payment G 101-21702 STATE WITHHOLDING 11/23/2012 Payroll $1,117.16 Invoice Transaction Date 11/21/2012 Due 0 NORTH STAR CHE 10100 Total $1,117.16 Claim Type Direct Tota $7,134.56 Pre -Written Check $7,134.56 Checks to be Generated by the Compute $0.00 Total $7,134.56 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session Meeting Date November 27, 2012 ITEM NUMBER 1843 Malvern Alley STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: In October, the Council approved compensating Ralph and Barbara Mikel $1,620 to build a retaining wall they argued should have been built during the alley project in 2003. The Mikel's recently completed the wall per the agreement and asked for the reimbursement. The check was prepared with the rest of the claims items. If the Council would like to dis- cuss the payment, you would need to do that before approving the claims. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: CITY OF LAUDERDALE 11/21/12 11:27 AM Page 1 *Check Detail Register© NOVEMBER 2012 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 021481 11/27/2012 1843 MALVERN STREET E 101-43000-324 ALLEY REPAIR $1,620.00 Retaining wall payment Total 1843 MALVERN STREET $1,620.00 Paid Chk# 021482 11/27/2012 CITY OF ST PAUL E101-41500-201 GENERAL SUPPLIES $160.72 Ramsey County Election Materials Total CITY OF ST PAUL $160.72 Paid Chk# 021483 11/27/2012 EUREKA RECYCLING E 203-50000-389 RECYCLING CONTRACTOR $2,238.44 10/12 Recycling Contract Total EUREKA RECYCLING $2,238.44 Paid Chk# 021484..11/27/20-0-1 12 G & K SERVICES E 601-49000-425 CLOTHING $64.67 10/12 PW Clothing E 602-49100-425 CLOTHING $64.68 10/12 PW Clothing E 101-41200-203 Total G & K SERVICES $129.35 Postage for Elections IVAChk# 021485 11/27/2012 �HUGH�ES AND COSTELLO $11.96 Water for Meetings E101-41500-300 LEGAL FEES -PROSECUTING $850.00 10/12 Legal Fees E 201-45600-379 Total HUGHES AND COSTELLO $850.00 Food for Halloween Party Paid Chk# 021486 11/27/2012 INTEGRA $23.56 Propane for Halloween Party E 101-41200-391 TELEPHONE/PAGERS $47.30 10/12 Fax Line E 101-41500-201 Total INTEGRA $47.30 Blue Tape for Election Use Paid Chk# 021487 11/27/2012 KENNEDY & GRAVEN $5.00 Parking for Mtg. - HB E 101-41500-305 LEGAL FEES - CIVIL $1,787.00 10/12 Legal Services Total KENNEDY & GRAVEN $1,787.00 Paid Chk# 021488 11/27/201.2 N��.ELSON CHEESE AND DEL I E101-41500-201 GENERAL SUPPLIES $109.35 General Election - Food For Election Judges Total NELSON CHEESE AND DELI $109.35 Paid Chk# 021489 11/27/2012 #NORTH STAR BANK, CHECKING STMT E 201-45600-379 HALLOWEEN EVENT $8.37 Food for Halloween Party E 101-41200-203 POSTAGE $5.75 Certified Mail E 101-41200-203 POSTAGE $98.00 Postage for Elections E 101-41200-442 MISC $11.96 Water for Meetings E 201-45600-379 HALLOWEEN EVENT $12.99 Halloween Party Set Up snacks E 201-45600-379 HALLOWEEN EVENT $49.00 Food for Halloween Party E 201-45600-379 HALLOWEEN EVENT $23.56 Propane for Halloween Party E 101-41200-440 MEETING EXPENSES $47.98 Food for Election Judges E 101-41500-201 GENERAL SUPPLIES $11.87 Blue Tape for Election Use E 101-41200-440 MEETING EXPENSES $5.00 Parking for Mtg. - HB E 101-41200-201 GENERAL SUPPLIES $45.25 Copier Paper for Office E 101-41200-203 POSTAGE $5.75 Certified Mail E 101-41200-203 POSTAGE $5.75 Certified Mail �1m1nu11�7mw ���Y ��F LAUDERDALE Page 2 *������U����~U ����^�*��� *Check ----_— ' '_��-_--' _ NOVEMBER 2012 'iya—rd-SW 0-21493 _11/27/2012 --REL—IAKOR SERVICES E1O143OV0-314 STREET SWEEPING _$2,863.48 2O12Fall Street Sweeping Total asLmmORSsRv|csa *2.863.48 Paid Chk# 021494 11/27/2012 SPRINT PCS EOOc49 00-38 $1826 1U/1uPVVCell Phones E0O148000'391 TELEPHONE/PAGERS $18.20 1012PYVCell Phones E1O143OU0-391 TELEPHONE/PAGERS __$36.511&U2PVVCell Phones Tmo| SPRINT PCS o73.03 EO0-49UOV-3O4 ENGINEERING Check Amt Invoice omnmvm E1O148OV-3OO CONSULTING FEES E1O1-412VO44O MEETING EXPENSES $2.98 Food for Election Judges E2O1'4mD00-378 HALLOWEEN EVENT $58.06 Halloween Party Supplies otu| NORTH STAR BANK, CHECKING STMT o383.28 M|GCREPAIRS MA|NTGUPPL|E Paid Chk# 021490 11/27/2012 POSTMASTER -STAMPS Total SUBURBAN ACE HARDWARE *18.14 E1O141cOO'2O3 POSTAGE $98.00 2Rolls &2flats of*2Ostamps Total POSTMASTER 'STAMPS $98.00 $140.88 Paid Chk# 021491 11/27/2012 P EMIUM WATERS, INC Total WASTE MANAGEMENT $146.89 E1O1412OO-2O8 WATER DELIVERY $3578 1012Water Delivery Total PREMIUM WATERS, INC $35J8 $1,623.43 Paid Chk# 021492 11/27/2012 PUBLIC EMPLOYEES INS PROGRAM Total vvAVS4VTILE INC. GiO1'217OV HEALTH INSURANCE _$2,357/02 1u/12Health Benefits Total PUBLIC EMPLOYEES INS PROGRAM $2.357.02 'iya—rd-SW 0-21493 _11/27/2012 --REL—IAKOR SERVICES E1O143OV0-314 STREET SWEEPING _$2,863.48 2O12Fall Street Sweeping Total asLmmORSsRv|csa *2.863.48 Paid Chk# 021494 11/27/2012 SPRINT PCS EOOc49 00-38 $1826 1U/1uPVVCell Phones E0O148000'391 TELEPHONE/PAGERS $18.20 1012PYVCell Phones E1O143OU0-391 TELEPHONE/PAGERS __$36.511&U2PVVCell Phones Tmo| SPRINT PCS o73.03 EO0-49UOV-3O4 ENGINEERING $80475 Sewer Lining Project E1O148OV-3OO CONSULTING FEES $1,322.50 LAand Eustis Street Development Total anumTEC $2.127.2e Paid Chk# 021496 11/27/2012 SUBURBAN ACE HARDWARE E1O14300O'228 M|GCREPAIRS MA|NTGUPPL|E $18.14 Anti Freeze and Cleaning Products Total SUBURBAN ACE HARDWARE *18.14 Paid Chk# 021497 11/27/2012 WASTE MANAGEMENT E1O1'43OOO'384 REFUSE DISPOSAL $140.88 Refuse Disposal City Hall Total WASTE MANAGEMENT $146.89 Paid Chk# 021498 11/27/2012 WAUSAU TILE INC. e4Ou404O*-our GENERAL PARK |MpROvsMsw $1,623.43 3Trash Containers for the Parks Total vvAVS4VTILE INC. $1.6e3.43 Paid Chk# 021499 11/27/2012 XCEL ENERGY, PARK & GARAGE E1O1'4S2VV'3o1 ELECTRIC *28.00 10/12PVVand Warming House E1O1'430OO'3O1 ELECTRIC *28.06 1O/12PVYand Warming House E1O1'4520O'3O3 GAS UTILITIES $28.71 1012PVVand Warming House E101'48UOO'383 GAS UTILITIES $2871 1V/12PVYand Warming House CITY OF LAUDERDALE 11/21/12 11:27 AM Page 3 *Check Detail Register© NOVEMBER 2012 Check Amt Invoice Comment ,. �� „ � _.„ ,. �r � •���:� . __.:,a ,���'� �;,.��� ' _:.�r''w'� a z�., �: '� -��� `" � mom. w_ ;_ ... .. .-..:,�., Total XCEL ENERGY, PARK & GARAGE $113.54 10100 NORTH STAR CHECKING $16,792.01 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $11,806.54 201 COMMUNITY EVENTS $152.98 203 RECYCLING $2,238.44 404 PARK IMPROVEMENT $1,623.43 601 SEWER UTILITIES $887.68 602 STORM SEWER ENTERPRISE FUND $82.94 $16,792.01 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X_ Public Hearing Discussion Action Resolution Work Session Meeting Date November 27, 2012 ITEM NUMBER October Finances STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Every month I provide the Council with an updated copy of the city's finances. Following are the revenue, expense, and cash balance reports for October 2012. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council acknowledges the city's finances for October 2012. COUNCIL ACTION: CITY OF LAUDERDALE 11/21/12 10:42 AM Page 1 Cash Balances Current Period: OCTOBER 2012 MTD MTD Current FUND Descr Account Debit Credit Balance CASH GENERAL G 101-10100 $5,574.94 $90,140.04 -$2,506,846.01 COMMUNITY EVENTS G 201-10100 $783.47 $197.55 $7,490.52 COMMUNICATIONS G 202-10100 $5,150.59 $1,611.06 $23,481.98 RECYCLING G 203-10100 $33.04 $2,876.71 $100,005.72 03 ST/UTIL IMP DEBT SERVICE G 304-10100 $702.80 $0.00 $244,139.08 CAPITAL IMPROVEMENT STREETS G 401-10100 $176.28 $0.00 $533,649.10 CAPITAL IMPROVEMENTS G 402-10100 $78.65 $0.00 $24,660.40 CAPITAL IMPROVE STORM WATER G 403-10100 $59.38 $0.00 $179,762.32 PARK IMPROVEMENT G 404-10100 $84.72 $815.46 $256,457.87 TIF -PROJECTS G 405-10100 $130.08 $97.50 $393,779.98 SEWER IMPROVEMENT G 407-10100 $143.26 $0.00 $433,677.85 SEWER UTILITIES G 601-10100 $12,914.45 $15,397.25 $344,122.70 STORM SEWER ENTERPRISE FUND G 602-10100 $2,873.17 $3,774.35 $59,335.22 Total CASH $28,704.83 $114,909.92 $93,716.73 PETTY CASH GENERAL G 101-10200 $0.00 $0.00 $400.00 Total PETTY CASH $0.00 $0.00 $400.00 INVESTMENTS GENERAL G 101-10400 $1,011.30 $0.00 $2,967,713.60 Total INVESTMENTS $1,011.30 $0.00 $2,967,713.60 Grand Total $29,716.13 $114,909.92 $3,061,830.33 CITY OF LAUDERDALE 11/21/12 10:43 AM *Revenue Guideline© Page 1 Current Period: OCTOBER 2012 2012 2012 OCTOBER 2012 % of YTD Budget YTD Amt MTD Amt YTD Balance Budget GENERAL Active R 101-31010 CURRENT AD VALORE $496,993.00 $241,717.97 $0.00 $255,275.03 48.64% Active R 101-31020 DELINQUENT AD VALO $0.00 $7,771.23 $0.00 -$7,771.23 0.00% Active R 101-31030 FORFEITED TAX SALE $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-31040 FISCAL DISPARITIES $101,159.00 $52,055.08 $0.00 $49,103.92 51.46% Active R 101-32000 LICENSE AND PERMIT $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-32110 3.2 ALCHOLIC LICENSE $150.00 $0.00 $0.00 $150.00 0.00% Active R 101-32120 CIGARETTE LICENSE $400.00 $0.00 $0.00 $400.00 0.00% Active R 101-32130 GARBAGE HAULERS LI $1,000.00 $1,350.00 $0.00 -$350.00 135.00% Active R 101-32140 HEATING/AC LICENSE $600.00 $700.00 $50.00 -$100.00 116.67% Active R 101-32150 TREE COMPANIES LIC $300.00 $450.00 $100.00 -$150.00 150.00% Active R 101-32160 GAS STATION LICENSE $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-32170 DRIVEWAY CONTRACT $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-32180 RENTAL HOUSING LIC $3,000.00 $1,116.25 $0.00 $1,883.75 37.21% Active R 101-32210 BUILDING PERMITS $5,000.00 $11,228.64 $1,165.20 -$6,228.64 224.57% Active R 101-32211 ZONING PERMIT APPLI $500.00 $900.00 $250.00 -$400.00 180.00% Active R 101-32225 PLAN REVIEW FEE $1,000.00 $2,736.32 $0.00 -$1,736.32 273.63% Active R 101-32230 PLUMBING PERMITS $700.00 $1,446.00 $317.00 -$746.00 206.57% Active R 101-32240 ANIMAL LICENSES $250.00 $310.00 $30.00 -$60.00 124.00% In -Active R 101-32260 VENDING PERMIT $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-32270 HEATING A/C PERMIT $1,000.00 $1,198.50 $50.50 -$198.50 119.85% Active R 101-32280 STREET EXCAVATION $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-33401 LOCAL GOVERNMENT $516,153.00 $258,076.50 $0.00 $258,076.50 50.00% Active R 101-33402 HOMESTEAD CREDIT $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-33405 PERA RATE INCREASE $1,198.00 $599.00 $0.00 $599.00 50.00% Active R 101-33406 MARKET VAL HOM CR $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-33623 MET COUNCIL - LIV CO $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-33624 LIVABLE COMMUNITIE $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-34101 CITY HALL/PARK RENT $4,000.00 $6,480.00 $370.00 -$2,480.00 162.00% Active R 101-34103 ADMINISTRATIVE FEE $0.00 $31.00 $0.00 -$31.00 0.00% Active R 101-34105 SALE OF PUBLICATION $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-34107 ASSESSMENT SEARCH $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-34109 COPIES $50.00 $80.73 $0.00 -$30.73 161.46% Active R 101-34110 VARIANCE FEES $0.00 $150.00 $0.00 -$150.00 0.00% Active R 101-34111 LEGAL FEES $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-34112 CONDITIONAL USE PE $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-34113 ZONING AMENDMENT $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-34114 ADVERTISING SALES $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-34115 GENERAL GOVERNME $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-34116 ENGINEERING FEES $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-34201 FALSE SECURITY ALA $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-34202 FALSE FIRE ALARM - FI $500.00 $222.63 $0.00 $277.37 44.53% Active R 101-34203 FIRE INSPECTION FEE $1,000.00 $0.00 $0.00 $1,000.00 0.00% Active R 101-34205 FIRE CALL REIMBURSE $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-35101 COURT FINES $37,000.00 $38,432.53 $3,028.00 -$1,432.53 103.87% Active R 101-36100 SPECIAL ASSESMENT $0.00 $13,912.97 $0.00 -$13,912.97 0.00% Active R 101-36101 PRINCIPAL $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-36102 PENALTIES & INTERES $0.00 $940.34 $0.00 -$940.34 0.00% Active R 101-36103 TREE REMOVAL $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-36200 MISCELLANEOUS REV $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-36211 INVESTMENT INTERES $6,000.00 $2,224.80 $152.24 $3,775.20 37.08% Active R 101-36230 DONATIONS $0.00 $0.00 $0.00 $0.00 0.00% CITY OF LAUDERDALE 11/21/1210:43 AM *Revenue Guideline© Page 2 Current Period: OCTOBER 2012 2012 2012 OCTOBER 2012 oda of YTD Budget YTD Amt MTD Amt YTD Balance Budget Active R 101-36231 DOG PARK DONATION $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-36240 SURCHARGES $300.00 $576.00 $62.00 -$276.00 192.00% Active R 101-36250 REFUNDS & REIMBURS $0.00 $134.56 $0.00 -$134.56 0.00% Active R 101-36252 LMC INSURANCE REFU $0.00 $2,334.00 $0.00 -$2,334.00 0.00% Active R 101-36255 MISC $0.00 $16.65 $0.00 -$16.65 0.00% Active R 101-39101 SALES FIXED ASSETS $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 101-39999 PRIOR PERIOD ADJUS $0.00 $0.00 $0.00 $0.00 0.00% Total GENERAL $1,178,253.00 $647,191.70 $5,574.94 $531,061.30 54.93% COMMUNITY EVENTS Active R 201-34785 PARK EVENTS $0.00 $0.00 $0.00 $0.00 0.00% Active R 201-34786 WINTER EVENT $0.00 $0.00 $0.00 $0.00 0.00% Active R 201-34787 GARAGE SALE $50.00 $75.00 $0.00 -$25.00 150.00% Active R 201-34788 DAY IN THE PARK $1,500.00 $1,200.00 $0.00 $300.00 80.00% Active R 201-34789 MUSIC UNDER THE TR $400.00 $401.00 $0.00 -$1.00 100.25% Active R 201-34790 MUGS $0.00 $0.00 $0.00 $0.00 0.00% Active R 201-34791 POP SALES $0.00 $0.00 $0.00 $0.00 0.00% Active R 201-34792 T-SHIRT SALES $100.00 $375.00 $8.00 -$275.00 375.00% Active R 201-34793 FUN RUN/WALK $0.00 $325.00 $0.00 -$325.00 0.00% Active R 201-34794 NATIONAL NIGHT OUT $0.00 $0.00 $0.00 $0.00 0.00% Active R 201-34795 HALLOWEEN DONATIO $600.00 $1,465.00 $773.00 -$865.00 244.17% Active R 201-36211 INVESTMENT INTERES $100.00 $32.47 $2.47 $67.53 32.47% Active R 201-36230 DONATIONS $0.00 $0.00 $0.00 $0.00 0.00% Active R 201-36250 REFUNDS & REIMBURS $0.00 $0.00 $0.00 $0.00 0.00% Active R 201-36255 MISC $100.00 $139.64 $0.00 -$39.64 139.64% Active R 201-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 201-39201 TRANFER FROM GENE $0.00 $0.00 $0.00 $0.00 0.00% Total COMMUNITY EVENTS $2,850.00 $4,013.11 $783.47 -$1,163.11 140.81% COMMUNICATIONS Active R 202-33600 GRANTS & AID FROM L $0.00 $0.00 $0.00 $0.00 0.00% Active R 202-36211 INVESTMENT INTERES $300.00 $107.00 $7.76 $193.00 35.67% Active R 202-36250 REFUNDS & REIMBURS $0.00 $0.00 $0.00 $0.00 0.00% Active R 202-36253 CABLE FRANCHISE RE $20,000.00 $15,079.59 $5,142.83 $4,920.41 75.40% Total COMMUNICATIONS $20,300.00 $15,186.59 $5,150.59 $5,113.41 74.81% RECYCLING Active R 203-33621 METROPOLITAN COLIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 203-33622 COUNTY GRANTS $5,000.00 $4,947.00 $0.00 $53.00 98.94% Active R 203-36100 SPECIAL ASSESMENT $35,000.00 $17,947.94 $0.00 $17,052.06 51.28% Active R 203-36101 PRINCIPAL $0.00 $0.00 $0.00 $0.00 0.00% Active R 203-36102 PENALTIES & INTERES $0.00 $24.00 $0.00 -$24.00 0.00% Active R 203-36211 INVESTMENT INTERES $800.00 $472.04 $33.04 $327.96 59.01% Active R 203-36250 REFUNDS & REIMBURS $0.00 $0.00 $0.00 $0.00 0.00% Active R 203-36255 MISC $0.00 $0.00 $0.00 $0.00 0.00% Active R 203-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Total RECYCLING $40,800.00 $23,390.98 $33.04 $17,409.02 57.33% TAX INCREMENT DEBT SERVICE Active R 301-31040 FISCAL DISPARITIES $0.00 $0.00 $0.00 $0.00 0.00% Active R 301-31050 TAX INCREMENT $0.00 $0.00 $0.00 $0.00 0.00% Active R 301-31051 DELINQUENT TAX INC $0.00 $0.00 $0.00 $0.00 0.00% Active R 301-33402 HOMESTEAD CREDIT $0.00 $0.00 $0.00 $0.00 0.00% Active R 301-33406 MARKET VAL HOM CR $0.00 $0.00 $0.00 $0.00 0.00% Active R 301-36100 SPECIAL ASSESMENT $0.00 $0.00 $0.00 $0.00 0.00% CITY OF LAUDERDALE 11/21/1210:43 AM *Revenue Guideline© Page 3 Current Period: OCTOBER 2012 2012 2012 OCTOBER 2012 % of YTD Budget YTD Amt MTD Amt YTD Balance Budget Active R 301-36211 INVESTMENT INTERES $0.00 $0.00 $0.00 $0.00 0.00% Active R 301-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 301-39205 TRANS FROM TIF PRO $0.00 $0.00 $0.00 $0.00 0.00% Active R 301-39999 PRIOR PERIOD ADJUS $0.00 $0.00 $0.00 $0.00 0.00% Total TAX INCREMENT DEBT SERVICE $0.00 $0.00 $0.00 $0.00 0.00% 00 ST/UTIL IMP DEBT SERVICE Active R 302-36100 SPECIAL ASSESMENT $0.00 $0.00 $0.00 $0.00 0.00% Active R 302-36102 PENALTIES & INTERES $0.00 $0.00 $0.00 $0.00 0.00% Active R 302-36211 INVESTMENT INTERES $0.00 $0.00 $0.00 $0.00 0.00% Active R 302-36250 REFUNDS & REIMBURS $0.00 $0.00 $0.00 $0.00 0.00% Active R 302-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 302-39310 GENERAL OBLIGATION $0.00 $0.00 $0.00 $0.00 0.00% Total 00 ST/UTIL IMP DEBT SERVICE $0.00 $0.00 $0.00 $0.00 0.00% 02 ST/UTIL IMP DEBT SERVICE Active R 303-36100 SPECIAL ASSESMENT $0.00 $0.00 $0.00 $0.00 0.00% Active R 303-36102 PENALTIES & INTERES $0.00 $0.00 $0.00 $0.00 0.00% Active R 303-36211 INVESTMENT INTERES $0.00 $0.00 $0.00 $0.00 0.00% Active R 303-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 303-39310 GENERAL OBLIGATION $0.00 $0.00 $0.00 $0.00 0.00% Total 02 ST/UTIL IMP DEBT SERVICE $0.00 $0.00 $0.00 $0.00 0.00% 03 ST/UTIL IMP DEBT SERVICE Active R 304-36100 SPECIAL ASSESMENT $34,000.00 $23,727.28 $622.15 $10,272.72 69.79% Active R 304-36102 PENALTIES & INTERES $6,907.00 $2,124.81 $0.00 $4,782.19 30.76% Active R 304-36211 INVESTMENT INTERES $3,000.00 $1,115.51 $80.65 $1,884.49 37.18% Active R 304-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 304-39310 GENERAL OBLIGATION $0.00 $0.00 $0.00 $0.00 0.00% Total 03 ST/UTIL IMP DEBT SERVICE $43,907.00 $26,967.60 $702.80 $16,939.40 61.42% CAPITAL IMPROVEMENT STREETS Active R 401-36100 SPECIAL ASSESMENT $0.00 $0.00 $0.00 $0.00 0.00% Active R 401-36102 PENALTIES & INTERES $0.00 $0.00 $0.00 $0.00 0.00% Active R 401-36200 MISCELLANEOUS REV $0.00 $0.00 $0.00 $0.00 0.00% Active R 401-36211 INVESTMENT INTERES $4,500.00 $2,537.17 $176.28 $1,962.83 56.38% Active R 401-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 401-39201 TRANFER FROM GENE $0.00 $0.00 $0.00 $0.00 0.00% Active R 401-39999 PRIOR PERIOD ADJUS $0.00 $0.00 $0.00 $0.00 0.00% Total CAPITAL IMPROVEMENT STREETS $4,500.00 $2,537.17 $176.28 $1,962.83 56.38% CAPITAL IMPROVEMENTS Active R 402-36211 INVESTMENT INTERES $1,000.00 $229.23 $8.15 $770.77 22.92% Active R 402-36250 REFUNDS & REIMBURS $0.00 $70.50 $70.50 -$70.50 0.00% Active R 402-39101 SALES FIXED ASSETS $0.00 $0.00 $0.00 $0.00 0.00% Active R 402-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 402-39201 TRANFER FROM GENE $0.00 $0.00 $0.00 $0.00 0.00% Active R 402-39999 PRIOR PERIOD ADJUS $0.00 $0.00 $0.00 $0.00 0.00% Tota/ CAPITAL IMPROVEMENTS $1,000.00 $299.73 $78.65 $700.27 29.97% CAPITAL IMPROVE STORM WATER Active R 403-36211 INVESTMENT INTERES $1,800.00 $862.19 $59.38 $937.81 47.90% Active R 403-36250 REFUNDS & REIMBURS $0.00 $0.00 $0.00 $0.00 0.00% Active R 403-37230 PENALTIES $0.00 $0.00 $0.00 $0.00 0.00% Active R 403-37300 STORM SEWER FEE $0.00 $0.00 $0.00 $0.00 0.00% Active R 403-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 403-39201 TRANFER FROM GENE $0.00 $0.00 $0.00 $0.00 0.00% Active R 403-39999 PRIOR PERIOD ADJUS $0.00 $0.00 $0.00 $0.00 0.00% CITY OF LAUDERDALE 11/21/12 10:43 AM *Revenue Guideline© Page 4 Current Period: OCTOBER 2012 2012 2012 OCTOBER 2012 % of YTD Budget YTD Amt MTD Amt YTD Balance Budget Total CAPITAL IMPROVE STORM WATER $1,800.00 $862.19 $59.38 $937.81 47.90% PARKIMPROVEMENT Active R 404-33130 CDBG/DNR $0.00 $8,048.64 $0.00 -$8,048.64 0.00% Active R 404-33400 STATE GRANTS AND Al $0.00 $0.00 $0.00 $0.00 0.00% Active R 404-36211 INVESTMENT INTERES $1,200.00 $1,202.69 $84.72 -$2.69 100.22% Active R 404-36230 DONATIONS $0.00 $0.00 $0.00 $0.00 0.00% Active R 404-36255 MISC $0.00 $2,150.78 $0.00 -$2,150.78 0.00% Active R 404-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 404-39201 TRANFER FROM GENE $0.00 $0.00 $0.00 $0.00 0.00% Active R 404-39204 TRANS FROM COMMU $0.00 $0.00 $0.00 $0.00 0.00% Active R 404-39999 PRIOR PERIOD ADJUS $0.00 $0.00 $0.00 $0.00 0.00% Total PARK IMPROVEMENT $1,200.00 $11,402.11 $84.72 -$10,202.11 950.18% TIF -PROJECTS Active R 405-31050 TAX INCREMENT $161,000.00 $79,861.82 $0.00 $81,138.18 49.60% Active R 405-31051 DELINQUENT TAX INC $0.00 $0.00 $0.00 $0.00 0.00% Active R 405-33406 MARKET VAL HOM CR $0.00 $0.00 $0.00 $0.00 0.00% Active R 405-33419 LARPENTEUR AVE REI $0.00 $0.00 $0.00 $0.00 0.00% Active R 405-36210 INTEREST EARNINGS $0.00 $0.00 $0.00 $0.00 0.00% Active R 405-36211 INVESTMENT INTERES $2,000.00 $1,657.24 $130.08 $342.76 82.86% Active R 405-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 405-39207 TRANS FROM DEBT SE $0.00 $0.00 $0.00 $0.00 0.00% Active R 405-39999 PRIOR PERIOD ADJUS $0.00 $0.00 $0.00 $0.00 0.00% Total TIF -PROJECTS $163,000.00 $81,519.06 $130.08 $81,480.94 50.01% SEWERIMPROVEMENT Active R 407-36200 MISCELLANEOUS REV $0.00 $0.00 $0.00 $0.00 0.00% Active R 407-36211 INVESTMENT INTERES $4,000.00 $2,080.07 $143.26 $1,919.93 52.00% Active R 407-37240 SEWER CONNECTION $0.00 $0.00 $0.00 $0.00 0.00% Active R 407-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Total SEWER IMPROVEMENT $4,000.00 $2,080.07 $143.26 $1,919.93 52.00% WATER UTILITY Active R 409-36211 INVESTMENT INTERES $0.00 $0.00 $0.00 $0.00 0.00% Active R 409-36251 ST. PAUL WATER SUR $0.00 $0.00 $0.00 $0.00 0.00% Total WATER UTILITY $0.00 $0.00 $0.00 $0.00 0.00% 02 ST/UTIL CONSTRUCTION Active R 412-36211 INVESTMENT INTERES $0.00 $0.00 $0.00 $0.00 0.00% Total 02 ST/UTIL CONSTRUCTION $0.00 $0.00 $0.00 $0.00 0.00% 03 ST/UTIL CONSTRUCTION Active R 413-33000 INTERGOVERNMENTA $0.00 $0.00 $0.00 $0.00 0.00% Active R 413-33600 GRANTS & AID FROM L $0.00 $0.00 $0.00 $0.00 0.00% Active R 413-36100 SPECIAL ASSESMENT $0.00 $0.00 $0.00 $0.00 0.00% Active R 413-36211 INVESTMENT INTERES $0.00 $0.00 $0.00 $0.00 0.00% Active R 413-36250 REFUNDS & REIMBURS $0.00 $0.00 $0.00 $0.00 0.00% Active R 413-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 413-39310 GENERAL OBLIGATION $0.00 $0.00 $0.00 $0.00 0.00% Total 03 ST/UTIL CONSTRUCTION $0.00 $0.00 $0.00 $0.00 0.00% SEWER UTILITIES Active R 601-33000 INTERGOVERNMENTA $0.00 $0.00 $0.00 $0.00 0.00% Active R 601-36100 SPECIAL ASSESMENT $0.00 $0.00 $0.00 $0.00 0.00% Active R 601-36101 PRINCIPAL $0.00 $0.00 $0.00 $0.00 0.00% Active R 601-36102 PENALTIES & INTERES $0.00 $0.00 $0.00 $0.00 0.00% Active R 601-36104 SEWER ASSESSMENT $0.00 $0.00 $0.00 $0.00 0.00% Active R 601-36211 INVESTMENT INTERES $2,300.00 $1,540.17 $113.67 $759.83 66.96% CITY OF LAUDERDALE 11/21/12 10:43 AM *Revenue Guideline© Page 5 Current Period: OCTOBER 2012 2012 2012 OCTOBER 2012 % of YTD Budget YTD Amt MTD Amt YTD Balance Budget Active R 601-36230 DONATIONS $0.00 $0.00 $0.00 $0.00 0.00% Active R 601-36250 REFUNDS & REIMBURS $0.00 $0.00 $0.00 $0.00 0.00% Active R 601-36255 MISC $0.00 $20,622.32 $0.00 -$20,622.32 0.00% Active R 601-37210 SEWER SALES AND SE $242,000.00 $209,308.15 $12,800.78 $32,691.85 86.49% Active R 601-37215 DELINQUENT SEWER $0.00 $0.00 $0.00 $0.00 0.00% Active R 601-37230 PENALTIES $0.00 $0.00 $0.00 $0.00 0.00% Active R 601-37240 SEWER CONNECTION $0.00 $0.00 $0.00 $0.00 0.00% Active R 601-39101 SALES FIXED ASSETS $0.00 $0.00 $0.00 $0.00 0.00% Active R 601-39999 PRIOR PERIOD ADJUS $0.00 $0.00 $0.00 $0.00 0.00% Total SEWER UTILITIES $244,300.00 $231,470.64 $12,914.45 $12,829.36 94.75% STORM SEWER ENTERPRISE FUND Active R 602-36211 INVESTMENT INTERES $500.00 $280.78 $19.60 $219.22 56.16% Active R 602-37300 STORM SEWER FEE $55,000.00 $53,165.97 $2,853.57 $1,834.03 96.67% Active R 602-39200 INTERFUND OPERATIN $0.00 $0.00 $0.00 $0.00 0.00% Active R 602-39999 PRIOR PERIOD ADJUS $0.00 $0.00 $0.00 $0.00 0.00% Total STORM SEWER ENTERPRISE FUND $55,500.00 $53,446.75 $2,873.17 $2,053.25 96.30% GASB34 Active R 999-31010 CURRENT AD VALORE $0.00 $0.00 $0.00 $0.00 0.00% Active R 999-36100 SPECIAL ASSESMENT $0.00 $0.00 $0.00 $0.00 0.00% Active R 999-39101 SALES FIXED ASSETS $0.00 $0.00 $0.00 $0.00 0.00% Total GASB34 $0.00 $0.00 $0.00 $0.00 0.00% Report Total $1,761,410.00 $1,100,367.70 $28,704.83 $661,042.30 62.47% CITY OF LAUDERDALE 11/21/12 10:43 AM *Expenditure Guideline© Page 1 Current Period: OCTOBER 2012 2012 2012 OCTOBER Enc 2012 % of YTD Budget YTD Amt MTD Amt Current YTD Balance Budget GENERAL Active E 101-41100-103 PART TIME EMPLO $13,200.00 $11,000.00 $1,100.00 $0.00 $2,200.00 83.33% Active E 101-41100-122 FICA CONTRIBUTI $1,010.00 $841.50 $84.15 $0.00 $168.50 83.32% Active E 101-41100-123 STATE TAXES $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41100-151 WORKERS COMP $103.00 $25.84 $0.00 $0.00 $77.16 25.09% Active E 101-41100-201 GENERAL SUPPLIE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41100-202 PERMENANT SUPP $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41100-203 POSTAGE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41100-305 LEGAL FEES - CIVI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41100-308 TRAINING\CONFER $3,000.00 $310.00 $40.00 $0.00 $2,690.00 10.33% Active E 101-41100-331 TRAVEL EXPENSE $500.00 $120.45 $0.00 $0.00 $379.55 24.09% Active E 101-41100-352 PUBLIC INFO NOTI $700.00 $128.25 $0.00 $0.00 $571.75 18.32% Active E 101-41100-361 GENERAL LIABILIT $6,000.00 $5,396.00 $0.00 $0.00 $604.00 89.93% Active E 101-41100-438 DUES & SUBSCRIP $2,800.00 $2,860.00 $0.00 $0.00 -$60.00 102.14% Active E 101-41100-439 SPECIAL EVENTS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41100-440 MEETING EXPENS $250.00 $84.90 $0.00 $0.00 $165.10 33.96% Active E 101-41100-441 CONTRIBUTIONS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41100-530 FURNITURE & EQU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-101 FULL TIME EMPLO $99,551.00 $81,093.44 $7,573.98 $0.00 $18,457.56 81.46% Active E 101-41200-102 EMPLOYEE OVERT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-104 TEMP EMPLOYEES $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-121 PERA CONTRIBUTI $7,217.00 $5,879.34 $549.12 $0.00 $1,337.66 81.47% Active E 101-41200-122 FICA CONTRIBUTI $7,616.00 $6,408.94 $599.94 $0.00 $1,207.06 84.15% Active E 101-41200-126 ICMA RETIREMENT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-131 HEALTH INSURAN $12,150.00 $10,125.08 $1,012.52 $0.00 $2,024.92 83.33% Active E 101-41200-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-142 UNEMPLOYMENT B $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-151 WORKERS COMP $796.00 $609.17 $0.00 $0.00 $186.83 76.53% Active E 101-41200-201 GENERAL SUPPLIE $1,500.00 $1,293.85 $258.66 $0.00 $206.15 86.26% Active E 101-41200-202 PERMENANT SUPP $0.00 $14.27 $0.00 $0.00 -$14.27 0.00% Active E 101-41200-203 POSTAGE $3,500.00 $2,326.28 $70.70 $0.00 $1,173.72 66.47% Active E 101-41200-208 WATER DELIVERY $400.00 $252.91 $35.77 $0.00 $147.09 63.23% Active E 101-41200-227 TOOLS & EQUIPME $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-305 LEGAL FEES - CIVI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-306 CONSULTING FEE $6,000.00 $3,987.50 $398.75 $0.00 $2,012.50 66.46% Active E 101-41200-307 COMPUTER SERVI $1,600.00 $1,561.20 $0.00 $0.00 $38.80 97.58% Active E 101-41200-308 TRAINING\CONFER $2,000.00 $1,746.77 $55.00 $0.00 $253.23 87.34% Active E 101-41200-309 DELIVERY $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-327 OTHER SERV- SE $400.00 $242.04 $30.42 $0.00 $157.96 60.51% Active E 101-41200-331 TRAVEL EXPENSE $1,000.00 $753.06 $246.03 $0.00 $246.94 75.31% Active E 101-41200-352 PUBLIC INFO NOTI $1,000.00 $769.50 $0.00 $0.00 $230.50 76.95% Active E 101-41200-353 NEWSLETTER PRI $3,000.00 $1,888.00 $0.00 $0.00 $1,112.00 62.93% Active E 101-41200-354 PHONEBOOK PRIN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-355 MISC PRINTING/PR $500.00 $225.00 $25.00 $0.00 $275.00 45.00% Active E 101-41200-361 GENERAL LIABILIT $5,500.00 $4,946.50 $0.00 $0.00 $553.50 89.94% Active E 101-41200-391 TELEPHONE/PAGE $2,000.00 $1,370.44 $142.70 $0.00 $629.56 68.52% Active E 101-41200-401 COPIER CONTRAC $3,000.00 $2,459.12 $270.21 $0.00 $540.88 81.97% Active E 101-41200-404 COMPUTER REPAI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-409 OTHER EQUIPMEN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-420 RENTALS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-438 DUES & SUBSCRIP $2,600.00 $2,359.55 $0.00 $0.00 $240.45 90.75% Active E 101-41200-439 SPECIAL EVENTS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% CITY OF LAUDERDALE 11/21/12 10:43 AM *Expenditure Guideline© Page Current Period: OCTOBER 2012 2012 2012 OCTOBER Enc 2012 % of YTD Budget YTD Amt MTD Amt Current YTD Balance Budget Active E 101-41200-440 MEETING EXPENS $200.00 $30.95 $0.00 $0.00 $169.05 15.48% Active E 101-41200-442 MISC $500.00 $192.30 $6.24 $0.00 $307.70 38.46% Active E 101-41200-530 FURNITURE & EQU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-531 OFFICE EQUIPMEN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41200-534 OFFICE FURNITUR $0.00 $147.06 $0.00 $0.00 -$147.06 0.00% Active E 101-41200-538 COMPUTER SOFT $1,000.00 $2,207.22 $0.00 $0.00 -$1,207.22 220.72% Active E 101-41500-101 FULL TIME EMPLO $9,899.00 $6,057.26 $572.56 $0.00 $3,841.74 61.19% Active E 101-41500-103 PART TIME EMPLO $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41500-104 TEMP EMPLOYEES $2,500.00 $1,143.00 $0.00 $0.00 $1,357.00 45.72% Active E 101-41500-121 PERA CONTRIBUTI $535.00 $439.22 $41.52 $0.00 $95.78 82.10% Active E 101-41500-122 FICA CONTRIBUTI $565.00 $463.44 $43.82 $0.00 $101.56 82.02% Active E 101-41500-131 HEALTH INSURAN $900.00 $750.00 $75.00 $0.00 $150.00 83.33% Active E 101-41500-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41500-151 WORKERS COMP $74.00 $56.46 $0.00 $0.00 $17.54 76.30% Active E 101-41500-201 GENERAL SUPPLIE $300.00 $114.43 $0.00 $0.00 $185.57 38.14% Active E 101-41500-202 PERMENANT SUPP $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41500-300 LEGAL FEES - PRO $12,000.00 $7,658.10 $850.00 $0.00 $4,341.90 63.82% Active E 101-41500-301 AUDITING $14,000.00 $13,272.00 $0.00 $0.00 $728.00 94.80% Active E 101-41500-305 LEGAL FEES - CIVI $10,000.00 $11,441.20 $7,496.00 $0.00 -$1,441.20 114.41% Active E 101-41500-327 OTHER SERV- SE $700.00 $0.00 $0.00 $0.00 $700.00 0.00% Active E 101-41500-331 TRAVEL EXPENSE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41500-352 PUBLIC INFO NOTI $500.00 $113.25 $0.00 $0.00 $386.75 22.65% Active E 101-41500-355 MISC PRINTING/PR $700.00 $52.54 $0.00 $0.00 $647.46 7.51% Active E 101-41500-409 OTHER EQUIPMEN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41500-440 MEETING EXPENS $200.00 $51.67 $0.00 $0.00 $148.33 25.84% Active E 101-41500-442 MISC $0.00 $16.97 $0.00 $0.00 -$16.97 0.00% Active E 101-41500-530 FURNITURE & EQU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-41500-539 VOTING MACHINE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-42100-202 PERMENANT SUPP $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-42100-318 911 Dispatch $12,126.00 $9,093.87 $1,010.43 $0.00 $3,032.13 74.99% Active E 101-42100-319 POLICE CONTRAC $596,069.00 $496,724.22 $49,672.43 $0.00 $99,344.78 83.33% Active E 101-42100-320 FIRE CONTRACT $18,000.00 $16,483.73 $0.00 $0.00 $1,516.27 91.58% Active E 101-42100-321 FIRE CALLS $16,000.00 $19,857.45 $3,808.82 $0.00 -$3,857.45 124.11% Active E 101-42100-322 FIRE FALSE ALAR $500.00 $240.89 $0.00 $0.00 $259.11 48.18% Active E 101-42100-323 FIRE INSPECTION $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0.00% Active E 101-42100-355 MISC PRINTING/PR $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-42100-360 INSURANCE $5,000.00 $0.00 $0.00 $0.00 $5,000.00 0.00% Active E 101-42100-391 TELEPHONE/PAGE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-42100-442 MISC $500.00 $49.92 $0.00 $0.00 $450.08 9.98% Active E 101-42100-530 FURNITURE & EQU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43000-101 FULL TIME EMPLO $28,066.00 $25,115.00 $2,319.00 $0.00 $2,951.00 89.49% Active E 101-43000-102 EMPLOYEE OVERT $3,000.00 $1,557.98 $0.00 $0.00 $1,442.02 51.93% Active E 101-43000-104 TEMP EMPLOYEES $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43000-121 PERA CONTRIBUTI $2,252.00 $1,933.94 $168.13 $0.00 $318.06 85.88% Active E 101-43000-122 FICA CONTRIBUTI $2,377.00 $2,145.17 $187.85 $0.00 $231.83 90.25% Active E 101-43000-131 HEALTH INSURAN $4,500.00 $3,657.42 $357.53 $0.00 $842.58 81.28% Active E 101-43000-151 WORKERS COMP $1,429.00 $1,109.12 $0.00 $0.00 $319.88 77.62% Active E 101-43000-202 PERMENANT SUPP $500.00 $624.65 $0.00 $0.00 -$124.65 124.93% Active E 101-43000-212 MOTOR FUELS $3,000.00 $2,516.57 $520.89 $0.00 $483.43 83.89% Active E 101-43000-213 LUBRICANTS & OT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43000-225 LANDSCAPING MA $0.00 $54.51 $0.00 $0.00 -$54.51 0.00% Active E 101-43000-226 SIGNS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% CITY OF LAUDERDALE 11/21/12 10:43 AM *Expenditure Guideline© Page 3 Current Period: OCTOBER 2012 2012 2012 OCTOBER Enc 2012 % of YTD Budget YTD Amt MTD Amt Current YTD Balance Budget Active E 101-43000-227 TOOLS & EQUIPME $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43000-228 MISC REPAIRS MAI $2,000.00 $2,014.56 $442.23 $0.00 -$14.56 100.73% Active E 101-43000-304 ENGINEERING $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0.00% Active E 101-43000-308 TRAINING\CONFER $400.00 $0.00 $0.00 $0.00 $400.00 0.00% Active E 101-43000-313 SNOW & ICE REMO $15,000.00 $3,631.21 $0.00 $0.00 $11,368.79 24.21% Active E 101-43000-314 STREET SWEEPIN $6,000.00 $1,064.00 $0.00 $0.00 $4,936.00 17.73% Active E 101-43000-317 TREE SERVICE $10,000.00 $1,874.69 $0.00 $0.00 $8,125.31 18.75% Active E 101-43000-324 ALLEY REPAIR $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0.00% Active E 101-43000-327 OTHER SERV- SE $1,500.00 $1,079.41 $0.00 $0.00 $420.59 71.96% Active E 101-43000-328 STREET REPAIR $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43000-362 PROPERTY INSUR $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43000-363 AUTOMOTIVE INSU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43000-380 STREET LIGHT UTI $6,400.00 $4,801.48 $290.51 $0.00 $1,598.52 75.02% Active E 101-43000-381 ELECTRIC $3,200.00 $2,003.16 $109.27 $0.00 $1,196.84 62.60% Active E 101-43000-382 WATER $100.00 $31.68 $0.00 $0.00 $68.32 31.68% Active E 101-43000-383 GAS UTILITIES $3,500.00 $1,395.54 $49.20 $0.00 $2,104.46 39.87% Active E 101-43000-384 REFUSE DISPOSAL $3,000.00 $2,096.86 $177.90 $0.00 $903.14 69.90% Active E 101-43000-391 TELEPHONE/PAGE $500.00 $390.85 $36.41 $0.00 $109.15 78.17% Active E 101-43000-402 CITY TRUCK REPAI $3,000.00 $454.23 $422.23 $0.00 $2,545.77 15.14% Active E 101-43000-426 MACHINERY RENT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43000-442 MISC $0.00 $86.09 $42.84 $0.00 -$86.09 0.00% Active E 101-43000-510 LAND $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43000-530 FURNITURE & EQU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43400-101 FULL TIME EMPLO $32,444.00 $26,672.18 $2,489.70 $0.00 $5,771.82 82.21% Active E 101-43400-104 TEMP EMPLOYEES $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43400-121 PERA CONTRIBUTI $2,352.00 $1,933.84 $180.51 $0.00 $418.16 82.22% Active E 101-43400-122 FICA CONTRIBUTI $2,482.00 $2,212.90 $208.57 $0.00 $269.10 89.16% Active E 101-43400-126 ICMA RETIREMENT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43400-131 HEALTH INSURAN $4,725.00 $3,723.69 $392.63 $0.00 $1,001.31 78.81% Active E 101-43400-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43400-151 WORKERS COMP $1,317.00 $1,020.77 $0.00 $0.00 $296.23 77.51% Active E 101-43400-201 GENERAL SUPPLIE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43400-202 PERMENANT SUPP $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43400-203 POSTAGE $300.00 $264.65 $0.00 $0.00 $35.35 88.22% Active E 101-43400-306 CONSULTING FEE $5,300.00 $0.00 $0.00 $0.00 $5,300.00 0.00% Active E 101-43400-308 TRAINING\CONFER $500.00 $575.00 $400.00 $0.00 -$75.00 115.00% Active E 101-43400-310 PLUMBING INSPEC $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43400-311 HEATING INSPECT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43400-312 BUILDING INSPECT $2,000.00 $0.00 $0.00 $0.00 $2,000.00 0.00% Active E 101-43400-327 OTHER SERV- SE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43400-331 TRAVEL EXPENSE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43400-355 MISC PRINTING/PR $0.00 $33.25 $0.00 $0.00 -$33.25 0.00% Active E 101-43400-386 GOPHER STATE O $600.00 $403.65 $23.20 $0.00 $196.35 67.28% Active E 101-43400-388 SAC UNIT CHARGE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43400-437 SALES TAX $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-43400-442 MISC $200.00 $334.03 $10.00 $0.00 -$134.03 167.02% Active E 101-43400-443 SURCHARGE REP $400.00 $315.33 $0.00 $0.00 $84.67 78.83% Active E 101-45200-101 FULL TIME EMPLO $38,932.00 $31,998.99 $2,982.10 $0.00 $6,933.01 82.19% Active E 101-45200-103 PART TIME EMPLO $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45200-104 TEMP EMPLOYEES $6,000.00 $2,691.00 $0.00 $0.00 $3,309.00 44.85% Active E 101-45200-121 PERA CONTRIBUTI $2,823.00 $2,320.09 $216.22 $0.00 $502.91 82.19% Active E 101-45200-122 FICA CONTRIBUTI $3,437.00 $2,794.52 $242.55 $0.00 $642.48 81.31% CITY OF LAUDERDALE 11/21/12 10:43 AM *Expenditure Guideline© Page 4 Current Period: OCTOBER 2012 2012 2012 OCTOBER Enc 2012 % of YTD Budget YTD Amt MTD Amt Current YTD Balance Budget Active E 101-45200-131 HEALTH INSURAN $6,300.00 $4,691.50 $464.95 $0.00 $1,608.50 74.47% Active E 101-45200-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45200-142 UNEMPLOYMENT B $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45200-151 WORKERS COMP $1,256.00 $975.33 $0.00 $0.00 $280.67 77.65% Active E 101-45200-201 GENERAL SUPPLIE $300.00 $37.52 $9.67 $0.00 $262.48 12.51% Active E 101-45200-202 PERMENANT SUPP $200.00 $0.00 $0.00 $0.00 $200.00 0.00% Active E 101-45200-212 MOTOR FUELS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45200-225 LANDSCAPING MA $100.00 $0.00 $0.00 $0.00 $100.00 0.00% Active E 101-45200-228 MISC REPAIRS MAI $250.00 $1,441.40 $71.56 $0.00 -$1,191.40 576.56% Active E 101-45200-317 TREE SERVICE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45200-327 OTHER SERV- SE $0.00 $106.87 $0.00 $0.00 -$106.87 0.00% Active E 101-45200-370 PARK & REC EXPE $700.00 $700.00 $0.00 $0.00 $0.00 100.00% Active E 101-45200-371 NON-RESIDENT RE $1,300.00 $792.00 $0.00 $0.00 $508.00 60.92% Active E 101-45200-381 ELECTRIC $500.00 $283.80 $11.24 $0.00 $216.20 56.76% Active E 101-45200-382 WATER $200.00 $31.68 $0.00 $0.00 $168.32 15.84% Active E 101-45200-383 GAS UTILITIES $1,000.00 $385.23 $18.34 $0.00 $614.77 38.52% Active E 101-45200-384 REFUSE DISPOSAL $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45200-391 TELEPHONE/PAGE $50.00 $0.00 $0.00 $0.00 $50.00 0.00% Active E 101-45200-403 TRACTOR/MOWER $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0.00% Active E 101-45200-412 WARMING HOUSE $100.00 $0.00 $0.00 $0.00 $100.00 0.00% Active E 101-45200-427 PORTA POTTY RE $500.00 $827.49 $213.74 $0.00 -$327.49 165.50% Active E 101-45200-437 SALES TAX $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45200-442 MISC $300.00 $16.05 $0.00 $0.00 $283.95 5.35% Active E 101-45200-536 PARK PHONE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45200-540 MACHINERY & EQ $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45200-550 OTHER IMPROVEM $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45300-101 FULL TIME EMPLO $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45300-121 PERA CONTRIBUTI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45300-122 FICA CONTRIBUTI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45300-131 HEALTH INSURAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45300-442 MISC $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45300-444 CONTINGENCY FU $20,000.00 $0.00 $0.00 $0.00 $20,000.00 0.00% Active E 101-45300-710 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45400-710 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45400-721 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45400-731 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45400-732 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45400-733 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45400-734 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45400-741 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45400-742 OPERATING TRAN $20,000.00 $0.00 $0.00 $0.00 $20,000.00 0.00% Active E 101-45400-743 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45400-744 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45400-745 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45400-747 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-45400-749 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-48100-306 CONSULTING FEE $26,000.00 $4,475.75 $0.00 $0.00 $21,524.25 17.21% Active E 101-48100-442 MISC $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-48411-550 OTHER IMPROVEM $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-48412-306 CONSULTING FEE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-48412-442 MISC $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 101-48412-550 OTHER IMPROVEM $0.00 $0.00 $0.00 $0.00 $0.00 0.00% CITY OF LAUDERDALE 11/21/12 10:43 AM *Expenditure Guideline© Page 5 Current Period: OCTOBER 2012 2012 2012 OCTOBER Enc 2012 % of YTD Budget YTD Amt MTD Amt Current YTD Balance Budget Active E 101-48412-555 LARPENTEUR AVE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total GENERAL $1,178,253.00 $889,432.68 $89,128.74 $0.00 $288,820.32 75.49% COMMUNITY EVENTS Active E 201-45600-201 GENERAL SUPPLIE $0.00 $17.00 $0.00 $0.00 -$17.00 0.00% Active E 201-45600-202 PERMENANT SUPP $100.00 $0.00 $0.00 $0.00 $100.00 0.00% Active E 201-45600-327 OTHER SERV- SE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 201-45600-352 PUBLIC INFO NOTI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 201-45600-368 FUN RUN/WALK $500.00 $488.05 $20.55 $0.00 $11.95 97.61% Active E 201-45600-369 MUSIC UNDER THE $400.00 $400.00 $0.00 $0.00 $0.00 100.00% Active E 201-45600-372 MUGS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 201-45600-373 T-SHIRTS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 201-45600-374 POP $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 201-45600-375 WINTER EVENT $250.00 $0.00 $0.00 $0.00 $250.00 0.00% Active E 201-45600-376 GARAGE SALE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 201-45600-377 DAY IN THE PARK $1,300.00 $1,257.57 $0.00 $0.00 $42.43 96.74% Active E 201-45600-378 NATIONAL NIGHT $150.00 $126.00 $0.00 $0.00 $24.00 84.00% Active E 201-45600-379 HALLOWEEN EVEN $550.00 $150.00 $150.00 $0.00 $400.00 27.27% Active E 201-45600-428 MISC RENTAL $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 201-45600-430 MISC $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 201-45600-440 MEETING EXPENS $200.00 $113.00 $27.00 $0.00 $87.00 56.50% Active E 201-45600-744 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total COMMUNITY EVENTS $3,450.00 $2,551.62 $197.55 $0.00 $898.38 73.96% COMMUNICATIONS Active E 202-49500-101 FULL TIME EMPLO $16,046.00 $13,148.58 $1,232.22 $0.00 $2,897.42 81.94% Active E 202-49500-121 PERA CONTRIBUTI $1,163.00 $953.29 $89.34 $0.00 $209.71 81.97% Active E 202-49500-122 FICA CONTRIBUTI $1,228.00 $1,082.93 $101.98 $0.00 $145.07 88.19% Active E 202-49500-126 ICMA RETIREMENT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 202-49500-131 HEALTH INSURAN $2,250.00 $1,875.14 $187.52 $0.00 $374.86 83.34% Active E 202-49500-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 202-49500-151 WORKERS COMP $128.00 $98.83 $0.00 $0.00 $29.17 77.21% Active E 202-49500-201 GENERAL SUPPLIE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 202-49500-202 PERMENANT SUPP $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 202-49500-305 LEGAL FEES - CIVI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 202-49500-307 COMPUTER SERVI $600.00 $500.00 $0.00 $0.00 $100.00 83.33% Active E 202-49500-327 OTHER SERV- SE $3,000.00 $1,431.47 $0.00 $0.00 $1,568.53 47.72% Active E 202-49500-329 CABLE FRANCHISE $5,300.00 $4,636.07 $0.00 $0.00 $663.93 87.47% Active E 202-49500-409 OTHER EQUIPMEN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 202-49500-426 MACHINERY RENT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 202-49500-444 CONTINGENCY FU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 202-49500-530 FURNITURE & EQU $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0.00% Active E 202-49500-531 OFFICE EQUIPMEN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 202-49500-532 COPIER $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total COMMUNICATIONS $30,715.00 $23,726.31 $1,611.06 $0.00 $6,988.69 77.25% RECYCLING Active E 203-50000-101 FULL TIME EMPLO $5,774.00 $4,727.65 $439.78 $0.00 $1,046.35 81.88% Active E203-50000-121 PERA CONTRIBUTI $419.00 $342.79 $31.88 $0.00 $76.21 81.81% Active E 203-50000-122 FICA CONTRIBUTI $442.00 $412.98 $38.78 $0.00 $29.02 93.43% Active E 203-50000-126 ICMA RETIREMENT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 203-50000-131 HEALTH INSURAN $900.00 $749.72 $74.96 $0.00 $150.28 83.30% Active E 203-50000-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 203-50000-151 WORKERS COMP $46.00 $35.82 $0.00 $0.00 $10.18 77.87% Active E 203-50000-201 GENERAL SUPPLIE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% CITY OF LAUDERDALE 11/21/12 10:43 AM *Expenditure Guideline© Page 6 Current Period: OCTOBER 2012 2012 2012 OCTOBER Enc 2012 % of YTD Budget YTD Amt MTD Amt Current YTD Balance Budget Active E 203-50000-202 PERMENANT SUPP $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 203-50000-327 OTHER SERV- SE $350.00 $331.50 $0.00 $0.00 $18.50 94.71% Active E 203-50000-389 RECYCLING CONT $26,500.00 $19,313.94 $2,291.31 $0.00 $7,186.06 72.88% Active E 203-50000-438 DUES & SUBSCRIP $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 203-50000-440 MEETING EXPENS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 203-50000-444 CONTINGENCY FU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total RECYCLING $34,431.00 $25,914.40 $2,876.71 $0.00 $8,516.60 75.26% TAX INCREMENT DEBT SERVICE Active E 301-47100-101 FULL TIME EMPLO $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 301-47100-121 PERA CONTRIBUTI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 301-47100-122 FICA CONTRIBUTI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 301-47100-131 HEALTH INSURAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 301-47100-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 301-47100-444 CONTINGENCY FU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 301-47100-601 BOND PRINCIPAL $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 301-47100-611 BOND INTEREST $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 301-47100-621 FILE MAINTENANC $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 301-47100-710 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 301-47100-745 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total TAX INCREMENT DEBT SERVICE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 00 ST/UTIL IMP DEBT SERVICE Active E 302-47200-303 FINANCIAL CONTR $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 302-47200-601 BOND PRINCIPAL $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 302-47200-611 BOND INTEREST $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 302-47200-621 FILE MAINTENANC $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 302-47200-710 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total 00 ST/UTIL IMP DEBT SERVICE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 02 ST/UTIL IMP DEBT SERVICE Active E 303-47300-303 FINANCIAL CONTR $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 303-47300-601 BOND PRINCIPAL $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 303-47300-611 BOND INTEREST $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 303-47300-621 FILE MAINTENANC $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total 02 ST/UTIL IMP DEBT SERVICE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 03 ST/UTIL IMP DEBT SERVICE Active E 304-47000-721 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 304-47400-303 FINANCIAL CONTR $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 304-47400-601 BOND PRINCIPAL $100,000.00 $100,000.00 $0.00 $0.00 $0.00 100.00% Active E 304-47400-611 BOND INTEREST $12,330.00 $12,330.00 $0.00 $0.00 $0.00 100.00% Active E 304-47400-621 FILE MAINTENANC $800.00 $793.75 $0.00 $0.00 $6.25 99.22% Total 03 ST/UTIL IMP DEBT SERVICE $113,130.00 $113,123.75 $0.00 $0.00 $6.25 99.99% CAPITAL IMPROVEMENT STREETS Active E 401-48401-303 FINANCIAL CONTR $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 401-48401-304 ENGINEERING $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 401-48401-317 TREE SERVICE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 401-48401-328 STREET REPAIR $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 401-48401-710 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total CAPITAL IMPROVEMENT STREETS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% CAPITAL IMPROVEMENTS Active E 402-48000-510 LAND $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 402-48000-520 BUILDINGS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 402-48000-521 CITY GARAGE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 402-48000-523 WARMING HOUSE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% CITY OF LAUDERDALE 11/21/1210:43 AM *Expenditure Guideline© Page 7 Current Period: OCTOBER 2012 2012 2012 OCTOBER Enc 2012 % of YTD Budget YTD Amt MTD Amt Current YTD Balance Budget Active E 402-48000-530 FURNITURE & EQU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 402-48000-531 OFFICE EQUIPMEN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 402-48000-532 COPIER $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 402-48000-535 FURNACE/AC $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 402-48000-538 COMPUTER SOFT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 402-48000-540 MACHINERY & EQ $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 402-48000-543 TRACTOR $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 402-48000-550 OTHER IMPROVEM $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 402-48000-560 VEHICLE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 402-48000-562 TRUCK $35,000.00 $33,097.58 $0.00 $0.00 $1,902.42 94.56% Active E 402-48000-710 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total CAPITAL IMPROVEMENTS $35,000.00 $33,097.58 $0.00 $0.00 $1,902.42 94.56% CAPITAL IMPROVE STORM WATER Active E 403-48403-101 FULL TIME EMPLO $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-102 EMPLOYEE OVERT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-121 PERA CONTRIBUTI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-122 FICA CONTRIBUTI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-131 HEALTH INSURAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-151 WORKERS COMP $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-201 GENERAL SUPPLIE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-304 ENGINEERING $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-327 OTHER SERV- SE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-328 STREET REPAIR $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-442 MISC $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-444 CONTINGENCY FU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-554 CATCH BASIN REP $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 403-48403-710 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total CAPITAL IMPROVE STORM WATER $0.00 $0.00 $0.00 $0.00 $0.00 0.00% PARKIMPROVEMENT Active E 404-48404-304 ENGINEERING $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 404-48404-437 SALES TAX $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 404-48404-510 LAND $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 404-48404-524 PICNIC SHELTER $0.00 $816.20 $0.00 $0.00 -$816.20 0.00% Active E 404-48404-525 PLAYGROUND (CD $0.00 $10,695.76 $0.00 $0.00 -$10,695.76 0.00% Active E 404-48404-526 PARK PATH (CDBG $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 404-48404-527 GENERAL PARK IM $20,000.00 $1,302.81 $815.46 $0.00 $18,697.19 6.51% Active E 404-48404-528 COURT IMPROVEM $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total PARK IMPROVEMENT $20,000.00 $12,814.77 $815.46 $0.00 $7,185.23 64.07% TIF -PROJECTS Active E 405-48500-101 FULL TIME EMPLO $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 405-48500-121 PERA CONTRIBUTI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 405-48500-122 FICA CONTRIBUTI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 405-48500-131 HEALTH INSURAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 405-48500-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 405-48500-304 ENGINEERING $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 405-48500-305 LEGAL FEES - CIVI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 405-48500-325 LARPENTEUR AVE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 405-48500-327 OTHER SERV- SE $1,000.00 $1,115.32 $97.50 $0.00 -$115.32 111.53% Active E 405-48500-408 LIFT STATION REP $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 405-48500-442 MISC $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 405-48500-444 CONTINGENCY FU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% CITY OF LAUDERDALE 11/21/1210:43 AM *Expenditure Guideline© Page 8 Current Period: OCTOBER 2012 2012 YTD Budget 2012 YTD Amt OCTOBER MTD Amt Enc Current 2012 YTD Balance % of Budget Active E 405-48500-530 FURNITURE & EQU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 405-48500-540 MACHINERY & EQ $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 405-48500-710 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total TIF -PROJECTS $1,000.00 $1,115.32 $97.50 $0.00 -$115.32 111.53% SEWERIMPROVEMENT Active E 407-48407-304 ENGINEERING $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 407-48407-500 CAPITAL OUTLAY $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total SEWER IMPROVEMENT $0.00 $0.00 $0.00 $0.00 $0.00 0.00% WATER UTILITY Active E 409-48409-328 STREET REPAIR $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 409-48409-710 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total WATER UTILITY $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 02 ST/UTIL CONSTRUCTION Active E 412-48410-304 ENGINEERING $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 412-48410-328 STREET REPAIR $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 412-48410-721 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total 02 ST/UTIL CONSTRUCTION $0.00 $0.00 $0.00 $0.00 $0.00 0.00% SEWER UTILITIES Active E 601-49000-101 FULL TIME EMPLO $27,742.00 $17,157.17 $2,111.76 $0.00 $10,584.83 61.85% Active E 601-49000-102 EMPLOYEE OVERT $12,000.00 $8,180.53 $724.00 $0.00 $3,819.47 68.17% Active E 601-49000-121 PERA CONTRIBUTI $2,881.00 $2,242.21 $205.55 $0.00 $638.79 77.83% Active E 601-49000-122 FICA CONTRIBUTI $3,040.00 $2,462.52 $225.28 $0.00 $577.48 81.00% Active E 601-49000-131 HEALTH INSURAN $4,185.00 $4,138.53 $418.62 $0.00 $46.47 98.89% Active E 601-49000-151 WORKERS COMP $2,764.00 $2,149.90 $0.00 $0.00 $614.10 77.78% Active E 601-49000-201 GENERAL SUPPLIE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 601-49000-212 MOTOR FUELS $700.00 $539.25 $111.61 $0.00 $160.75 77.04% Active E 601-49000-227 TOOLS & EQUIPME $300.00 $0.00 $0.00 $0.00 $300.00 0.00% Active E 601-49000-228 MISC REPAIRS MAI $400.00 $0.00 $0.00 $0.00 $400.00 0.00% Active E 601-49000-301 AUDITING $1,700.00 $1,659.00 $0.00 $0.00 $41.00 97.59% Active E 601-49000-304 ENGINEERING $3,000.00 $4,254.50 $1,610.25 $0.00 -$1,254.50 141.82% Active E 601-49000-308 TRAINING\CONFER $500.00 $600.00 $0.00 $0.00 -$100.00 120.00% Active E 601-49000-315 SEWER JETTING $1,500.00 $0.00 $0.00 $0.00 $1,500.00 0.00% Active E 601-49000-316 SEWER TELEVISIN $1,500.00 $4,559.63 $0.00 $0.00 -$3,059.63 303.98% Active E 601-49000-327 OTHER SERV- SE $7,000.00 $33,011.33 $101.35 $0.00 -$26,011.33 471.59% Active E 601-49000-331 TRAVEL EXPENSE $100.00 $0.00 $0.00 $0.00 $100.00 0.00% Active E 601-49000-361 GENERAL LIABILIT $1,800.00 $1,686.25 $0.00 $0.00 $113.75 93.68% Active E 601-49000-362 PROPERTY INSUR $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 601-49000-363 AUTOMOTIVE INSU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 601-49000-382 WATER $100.00 $31.68 $0.00 $0.00 $68.32 31.68% Active E 601-49000-387 WATER TREATME $120,000.00 $107,420.61 $9,765.51 $0.00 $12,579.39 89.52% Active E 601-49000-391 TELEPHONE/PAGE $300.00 $195.44 $18.20 $0.00 $104.56 65.15% Active E 601-49000-402 CITY TRUCK REPAI $100.00 $52.78 $52.78 $0.00 $47.22 52.78% Active E 601-49000-425 CLOTHING $1,000.00 $570.34 $52.34 $0.00 $429.66 57.03% Active E 601-49000-442 MISC $0.00 $3,540.00 $0.00 $0.00 -$3,540.00 0.00% Active E 601-49000-444 CONTINGENCY FU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 601-49000-501 DEPRECIATION EX $34,000.00 $0.00 $0.00 $0.00 $34,000.00 0.00% Active E 601-49000-540 MACHINERY & EQ $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 601-49000-554 CATCH BASIN REP $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 601-49000-710 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total SEWER UTILITIES $226,612.00 $194,451.67 $15,397.25 $0.00 $32,160.33 85.81% STORM SEWER ENTERPRISE FUND Active E 602-49100-101 FULL TIME EMPLO $31,835.00 $20,044.81 $2,415.34 $0.00 $11,790.19 62.96% CITY OF LAUDERDALE 11/21/12 10:43 AM *Expenditure Guideline© Page 9 Current Period: OCTOBER 2012 2012 2012 OCTOBER Enc 2012 % of YTD Budget YTD Amt MTD Amt Current YTD Balance Budget Active E 602-49100-102 EMPLOYEE OVERT $5,000.00 $3,408.65 $301.67 $0.00 $1,591.35 68.17% Active E 602-49100-121 PERA CONTRIBUTI $2,671.00 $2,135.48 $196.97 $0.00 $535.52 79.95% Active E 602-49100-122 FICA CONTRIBUTI $2,818.00 $2,338.06 $216.26 $0.00 $479.94 82.97% Active E 602-49100-131 HEALTH INSURAN $4,590.00 $3,838.91 $391.27 $0.00 $751.09 83.64% Active E 602-49100-151 WORKERS COMP $2,244.00 $1,741.76 $0.00 $0.00 $502.24 77.62% Active E 602-49100-201 GENERAL SUPPLIE $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 602-49100-212 MOTOR FUELS $700.00 $539.28 $111.63 $0.00 $160.72 77.04% Active E 602-49100-227 TOOLS & EQUIPME $0.00 $403.72 $0.00 $0.00 -$403.72 0.00% Active E 602-49100-228 MISC REPAIRS MAI $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 602-49100-301 AUDITING $1,700.00 $1,659.00 $0.00 $0.00 $41.00 97.59% Active E 602-49100-304 ENGINEERING $9,000.00 $928.50 $0.00 $0.00 $8,071.50 10.32% Active E 602-49100-308 TRAINING\CONFER $100.00 $0.00 $0.00 $0.00 $100.00 0.00% Active E 602-49100-327 OTHER SERV- SE $2,500.00 $3,421.46 $17.88 $0.00 -$921.46 136.86% Active E 602-49100-352 PUBLIC INFO NOTI $100.00 $38.00 $0.00 $0.00 $62.00 38.00% Active E 602-49100-361 GENERAL LIABILIT $1,700.00 $1,686.25 $0.00 $0.00 $13.75 99.19% Active E 602-49100-391 TELEPHONE/PAGE $300.00 $195.45 $18.21 $0.00 $104.55 65.15% Active E 602-49100-402 CITY TRUCK REPAI $500.00 $52.78 $52.78 $0.00 $447.22 10.56% Active E 602-49100-425 CLOTHING $1,000.00 $570.35 $52.34 $0.00 $429.65 57.04% Active E 602-49100-438 DUES & SUBSCRIP $1,000.00 $500.00 $0.00 $0.00 $500.00 50.00% Active E 602-49100-442 MISC $1,000.00 $0.00 $0.00 $0.00 $1,000.00 0.00% Active E 602-49100-444 CONTINGENCY FU $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 602-49100-501 DEPRECIATION EX $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 602-49100-540 MACHINERY & EQ $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 602-49100-554 CATCH BASIN REP $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 602-49100-710 OPERATING TRAN $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Total STORM SEWER ENTERPRISE FUND $68,758.00 $43,502.46 $3,774.35 $0.00 $25,255.54 63.27% GASB34 Active E 999-41000-100 WAGES AND SALA $0.00 -$17,584.68 $0.00 $0.00 $17,584.68 0.00% Active E 999-41000-420 RENTALS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 999-41000-500 CAPITAL OUTLAY $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 999-43000-100 WAGES AND SALA $0.00 -$6,465.70 $0.00 $0.00 $6,465.70 0.00% Active E 999-43000-420 RENTALS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 999-43000-499 LOSS ON DISPOSA $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 999-43000-500 CAPITAL OUTLAY $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 999-45000-100 WAGES AND SALA $0.00 -$7,498.60 $0.00 $0.00 $7,498.60 0.00% Active E 999-45000-420 RENTALS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 999-45000-500 CAPITAL OUTLAY $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 999-47000-601 BOND PRINCIPAL $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 999-47000-611 BOND INTEREST $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 999-49000-420 RENTALS $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 999-49000-500 CAPITAL OUTLAY $0.00 $0.00 $0.00 $0.00 $0.00 0.00% Active E 999-49500-100 WAGES AND SALA $0.00 -$2,271.62 $0.00 $0.00 $2,271.62 0.00% Active E 999-50000-100 WAGES AND SALA $0.00 -$1,210.06 $0.00 $0.00 $1,210.06 0.00% Total GASB34 $0.00 -$35,030.66 $0.00 $0.00 $35,030.66 0.00% Report Total $1,711,349.00 $1,304,699.90 $113,898.62 $0.00 $406,649.10 76.24% LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED Consent X Public Hearing Discussion Action Resolution Work session M 11 Meeting Date: November 27, 2012 ITEM NUMBER Kev' - Pav Scale Step 3 STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Kevin began working for the City on September 2, 2011. Per the City's step schedule, step three should have began on September 2. I missed it and he was too nice to point it out. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, Kevin Kelly moves to step three on the deputy clerk pay scale effective September 2, 2012 at $21.35 per hour. COUNCIL ACTION: ACTION REQUESTED Consent X LAUDERDALE COUNCIL MEETING DATE November 27, 2012 Special Public Hearing ITEM NUMBER Resolution of Approval for Variance at Report 1746 Carl with Findings of Fact Discussion/Action Resolution x STAFF INITIAL Jim Work session APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: At the November 13 City Council Meeting, the City Council passed a motion approving a 2 -foot variance to the 5 -foot side yard setback requirements for John Hazen, 1746 Carl Street, to raise the roof of the garage to accommodate a storage room above the garage. Staff was directed to prepare a resolution of approval with findings of fact for this meeting. OPTIONS: • Adopt the prepared resolution as part of the consent agenda. • Remove from the consent agenda for discussion. STAFF RECOMMENDATION: By approving the consent agenda, the council is approving the attached resolution. COUNCIL ACTION: Member introduced the following resolution and moved its adoption: CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 112712A RESOLUTION OF THE COUNCIL OF THE CITY OF LAUDERDALE APPROVING A 2 -FOOT VARIANCE TO THE 5 -FOOT SIDE YARD SETBACK REQUIREMENT TO RAISE THE ROOF OF THE GARAGE TO ACCOMMODATE A STORAGE ROOM ABOVE THE GARAGE AT 1746 CARL STREET WHEREAS, John Hazen applied for a 2 -foot variance to the 5 -foot side yard setback requirement to raise the roof of the garage to accommodate a storage room above the garage; and WHEREAS, John Hazen owns the property at 1746 Carl Street, which is legally described as: PIN:172923340046 Lot: 17 Block: 1, ROSE HILL ADDITION WHEREAS, notification letters went to property owners and residents adjacent to the subject property; and WHEREAS, Section 10-8-8 (Setback Requirements in R-1) requires a setback of 5 feet from the side property line for detached garages; and WHEREAS, the existing garage is currently 3 feet from the side property line; and WHEREAS, the Lauderdale City Council has made the following findings: • A previous property owner built the garage 2 feet into the side yard setback. • A 2 -foot variance to the side yard setback requirement was granted when the garage was originally built in 1980. • The proposal to raise that portion of the roof in the 2 -foot encroachment area is a change from the plan that was approved with the initial variance. • The applicant needs more storage in order to park his vehicles in the garage. • The footprint of the structure (its location on the ground) will not change; only the height changes. • The proposed height of the structure is within the height requirements of the ordinance. • The Comprehensive Plan has information about new housing, but does not get into detail about attic and storage trusses. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lauderdale, does hereby approve a 2 -foot variance to the 5 -foot side yard setback requirement to raise the roof of the garage to accommodate a storage room above the garage, based upon the above findings. Dated: November 27, 2012 Jeffrey Dains, Mayor Attest: Heather Butkowski, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed. ACTION REQUESTED Consent X LAUDERDALE COUNCIL MEETING DATE November 27, 2012 Special Public Hearing ITEM NUMBER 2013 Rates for Storm Sewer, I Report Sanitary Sewer, and Recycling ussion/Action lution x L STAFF INITIAL Jim session APPROVED BY ADMINISTRATOR BACKGROUND: At the last meeting, the council discussed the following rate increases for 2013: Storm Sewer: 12.5% Sanitary Sewer: 0% Recycling: 0% The attached resolution reflects these increases. OPTIONS: 1) Adopt Resolution 112712B 2) Amend the rate increases prior to adopting the resolution. STAFF RECOMMENDATION: Motion to adopt Resolution 11271213: A Resolution Establishing 2013 Storm Sewer Rates, Sanitary Sewer Rates, and Recycling Rates COUNCIL ACTION: RESOLUTION NO. 112712B CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION ESTABLISHING 2013 STORM SEWER RATES, SANITARY SEWER RATES, AND RECYCLING RATES WHEREAS, the City of Lauderdale incurs expenses related to the operation of its storm sewer collection system, including costs for salaries and maintenance of the utility; and WHEREAS, the City of Lauderdale incurs expenses related to the operation of its sanitary sewer collection and disposal system, including Metropolitan Council Environmental Services wastewater treatment fees, as well as its own costs for salaries and maintenance of the utility; and WHEREAS, the City of Lauderdale incurs expenses related to the operation of its residential recycling program, including costs for salaries and collection of materials; and WHEREAS, storm sewer rates, sanitary sewer rates, and recycling rates are set annually by the Lauderdale City Council; and WHEREAS, the City Code provides for the collection of storm sewer service charges, sanitary sewer service charges, and residential recycling collection; NOW THEREFORE, BE IT RESOLVED that the Lauderdale City Council sets the following rates for 2013: 1) Storm Sewer: A flat rate of $11.75 per quarter per REF (Residential Equivalency Factor) 2) Sanitary Sewer A) Residential: A flat rate of $48.54 per residential unit per quarter B) Commercial: $2.40 per unit of water consumption per month, with a minimum monthly charge of $13 3) Recycling: A flat rate of $2.45 per residential unit per month Adopted by the City Council of the City of Lauderdale this 27th day of November, 2012. Jeffrey Dains, Mayor (ATTEST) Heather Butkowski, City Administrator (SEAL) ACTION REQUESTED LAUDERDALE COUNCIL Consent X MEETING DATE November 27, 2012 Special Public Hearing ITEM NUMBER Resolution No. 112712C SCORE Report Funding for Recycling Program Discussion/Action Resolution X STAFF INITIAL Jim Work session APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: In 1989, the Minnesota Legislature adopted comprehensive waste reduction and recycling legislation based on the recommendations of the Governor's Select Committee on Recycling and the Environ- ment. This set of laws, commonly referred to as SCORE, is a part of Minnesota's Waste Management Act. The SCORE legislation has provided counties with a funding source to develop effective waste reduction, recycling and solid waste management programs. SCORE funding grants are automatically provided to municipalities in Ramsey County on an annual basis with submittal of a grant application. In 2012, Lauderdale received $4,947 to help cover expenses related to the City's recycling program such as administration, promotion, equipment, and collection. Lauderdale is eligible for $4,939 in 2013. A resolution is required as part of the grant application. Adopting the resolution means the city accepts the funding. A grant agreement should be ready for signing in January. Enclosed 1) Resolution No. 112712C OPTIONS: 1) Adopt Resolution No. 112712C 2) Do not adopt Resolution No. 112712C STAFF RECOMMENDATION: 1) By approving the consent agenda, the council adopts Resolution No. 112712C accepting SCORE grant funding from Ramsey County for Lauderdale's recycling program. COUNCIL ACTION: RESOLUTION NO. 112712C CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION ACCEPTING 2013 SCORE FUNDING FROM RAMSEY COUNTY FOR THE LAUDERDALE RECYCLING PROGRAM WHEREAS, SCORE Funding Grants are available to municipalities in Ramsey County for reimbursement of expenses related to administration, promotion, and collection of, recycling materials; and, WHEREAS, the City of Lauderdale has a comprehensive curbside residential recycling program currently in use; and, WHEREAS, these funds will provide Lauderdale with a method of paying for some incurred costs related to the administration of this program, thus aiding in keeping the cost to the residents low; NOW THEREFORE, BE IT RESOLVED that the Lauderdale City Council does hereby authorize staff to submit an application to the St. Paul - Ramsey County Department of Public Health - Environmental Health Section for allocation of 2013 SCORE Funding Grant Monies in the amount of $4,939.00. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Lauderdale on this 27th day of November, 2012. Jeffrey Dains, Mayor (ATTEST) Heather Butkowski, City Administrator (SEAL) LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date November 27, 2012 ITEM NUMBER 2013 Budget Discussion STAFF INITIAL �� APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Since we last discussed, the budget was changed to reflect: • The increase in council compensation • An anticipated increase in prosecuting costs due to the new District Court schedule ($6,000) The anticipated sewer lining project Other improvements to utilize the remaining TIF funds Most residential property owners saw the city portion of their taxes decrease. Most business owners saw a small increase in their city taxes. As we have discussed in the past, this is all part of the property tax shifts that result from the legislative adoption of the Market Value Homestead Exclusion Program. There is a $17,500 difference between budgeted revenue and expenditures. The Council may appropriate this to outstanding needs, hold in reserves, or decrease the final levy. I ask the Council to consider increasing the deputy clerk's weekly hours from 28 to 32. It is a small increase in hours but I think it would help staff get to more projects that have been on the back burner. The cost is roughly $7,900 per year ($5,500 in pay/PERA/FICA and $2,400 in insurance). The position would be three-quarter time versus half-time. For many years, the City has purchased life and disability insurance through Ramsey Coun- ty. Staff just became aware of their long-term care insurance option. There is some interest among staff members so an agent will be here Tuesday to explain how the insurance works. If interest remains, I ask the Council for authorization to put into place whatever is neces- sary to let staff participate. I should know more by our meeting. There is no additional cost to the City if an employee participates. If an employee exceeds the amount set aside for their insurance, they pay out-of-pocket. The truth in taxation public hearing is scheduled for the next meeting. The Council may adopt the final levy and approve the 2013 budget then unless the Council chooses to sched- ule another meeting. OPTIONS: Discuss the new budget information and provide staff guidance for finalizing the budget and levy at the next meeting. CITY OF LAUDERDALE 11/21/12 1:30 PM Page 1 Cash Balances Current Period: NOVEMBER 2012 MTD MTD Current FUND Descr Account Debit Credit Balance CASH GENERAL G 101-10100 $1,050.75 $85,948.74 -$2,591,744.00 COMMUNITY EVENTS G 201-10100 $333.19 $428.18 $7,395.53 COMMUNICATIONS G 202-10100 $0.00 $1,562.55 $21,919.43 RECYCLING G 203-10100 $0.00 $2,531.14 $97,474.58 03 ST/UTIL IMP DEBT SERVICE G 304-10100 $0.00 $0.00 $244,139.08 CAPITAL IMPROVEMENT STREETS G 401-10100 $0.00 $0.00 $533,649.10 CAPITAL IMPROVEMENTS G 402-10100 $0.00 $0.00 $24,660.40 CAPITAL IMPROVE STORM WATER G 403-10100 $0.00 $0.00 $179,762.32 PARK IMPROVEMENT G 404-10100 $0.00 $1,623.43 $254,834.44 TIF -PROJECTS G 405-10100 $0.00 $0.00 $393,779.98 SEWER IMPROVEMENT G 407-10100 $0.00 $0.00 $433,677.85 SEWER UTILITIES G 601-10100 $11,093.78 $12,670.98 $342,545.50 STORM SEWER ENTERPRISE FUND G 602-10100 $5,136.75 $2,333.60 $62,138.37 Total CASH $17,614.47 $107,098.62 $4,232.58 PETTY CASH GENERAL G 101-10200 $0.00 $0.00 $400.00 Total PETTY CASH $0.00 $0.00 $400.00 INVESTMENTS GENERAL G 101-10400 $0.00 $0.00 $2,967,713.60 Total INVESTMENTS $0.00 $0.00 $2,967,713.60 Grand Total $17,614.47 $107,098.62 $2,972,346.18 CITY OF LAUDERDALE 2013 Revenue Budget Worksheet 11/21/12 12:57 PM Page 1 2011 2012 2012 2013 Amt YTD Amt Budget Budget Account Descr UnderLine FUND 101 GENERAL $430,495.69 $241,717.97 $496,993.00 $488,203.00 R 101-31010 CURRENT AD VALOREM $10,699.92 $7,771.23 $0.00 $0.00 R 101-31020 DELINQUENT AD VALOREM $0.00 $0.00 $0.00 $0.00 R 101-31030 FORFEITED TAX SALES $110,695.05 $52,055.08 $101,159.00 $121,912.00 R 101-31040 FISCAL DISPARITIES $0.00 $0.00 $0.00 $0.00 R 101-32000 LICENSE AND PERMITS $150.00 $0.00 $150.00 $150.00 R 101-32110 3.2 ALCHOLIC LICENSE $400.00 $0.00 $400.00 $400.00 R 101-32120 CIGARETTE LICENSE $1,125.00 $1,350.00 $1,000.00 $1,000.00 R 101-32130 GARBAGE HAULERS LICENSE $1,250.00 $700.00 $600.00 $600.00 R 101-32140 HEATING/AC LICENSE $300.00 $450.00 $300.00 $300.00 R 101-32150 TREE COMPANIES LICENSE $0.00 $0.00 $0.00 $0.00 R 101-32160 GAS STATION LICENSE $0.00 $0.00 $0.00 $0.00 R 101-32170 DRIVEWAY CONTRACTOR S LICENSE $3,534.00 $1,116.25 $3,000.00 $3,000.00 R 101-32180 RENTAL HOUSING LICENSE $8,967.35 $11,458.14 $5,000.00 $6,000.00 R 101-32210 BUILDING PERMITS $850.00 $1,000.00 $500.00 $500.00 R 101-32211 ZONING PERMIT APPLICATION $1,559.29 $2,736.32 $1,000.00 $1,000.00 R 101-32225 PLAN REVIEW FEE $768.00 $1,446.00 $700.00 $700.00 R 101-32230 PLUMBING PERMITS $380.00 $320.00 $250.00 $250.00 R 101-32240 ANIMAL LICENSES $0.00 $0.00 $0.00 $0.00 R 101-32260 VENDING PERMIT $1,649.50 $1,198.50 $1,000.00 $1,000.00 R 101-32270 HEATING A/C PERMIT $100.00 $0.00 $0.00 $0.00 R 101-32280 STREET EXCAVATION PERMIT $516,153.00 $258,076.50 $516,153.00 $516,153.00 R 101-33401 LOCAL GOVERNMENT AID $0.00 $0.00 $0.00 $0.00 R 101-33402 HOMESTEAD CREDIT $1,198.00 $599.00 $1,198.00 $1,198.00 R 101-33405 PERA RATE INCREASE $63.52 $0.00 $0.00 $0.00 R 101-33406 MARKET VAL HOM CRED/LINAC $0.00 $0.00 $0.00 $0.00 R 101-33623 MET COUNCIL - LIV COMM GRANT $0.00 $0.00 $0.00 $0.00 R 101-33624 LIVABLE COMMUNITIES $7,080.00 $7,183.25 $4,000.00 $4,000.00 R 101-34101 CITY HALL/PARK RENTAL $25.00 $31.00 $0.00 $0.00 R 101-34103 ADMINISTRATIVE FEE $0.00 $0.00 $0.00 $0.00 R 101-34105 SALE OF PUBLICATIONS $0.00 $0.00 $0.00 $0.00 R 101-34107 ASSESSMENT SEARCHES $63.99 $80.73 $50.00 $50.00 R 101-34109 COPIES $0.00 $150.00 $0.00 $0.00 R 101-34110 VARIANCE FEES $0.00 $0.00 $0.00 $0.00 R 101-34111 LEGAL FEES $0.00 $0.00 $0.00 $0.00 R 101-34112 CONDITIONAL USE PERMITS $0.00 $0.00 $0.00 $0.00 R 101-34113 ZONING AMENDMENT $75.00 $0.00 $0.00 $0.00 R 101-34114 ADVERTISING SALES $0.00 $0.00 $0.00 $0.00 R 101-34115 GENERAL GOVERNMENT MISC. $0.00 $0.00 $0.00 $0.00 R 101-34116 ENGINEERING FEES $0.00 $0.00 $0.00 $0.00 R 101-34201 FALSE SECURITY ALARM - POLICE $222.63 $222.63 $500.00 $500.00 R 101-34202 FALSE FIRE ALARM - FIRE DEPT. $0.00 $0.00 $1,000.00 $1,000.00 R 101-34203 FIRE INSPECTION FEE $0.00 $0.00 $0.00 $0.00 R 101-34205 FIRE CALL REIMBURSEMENT $51,978.85 $38,432.53 $37,000.00 $37,000.00 R 101-35101 COURT FINES $46,258.37 $13,912.97 $0.00 $0.00 R 101-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 $0.00 R 101-36101 PRINCIPAL $5,065.63 $940.34 $0.00 $0.00 R 101-36102 PENALTIES & INTEREST $0.00 $0.00 $0.00 $0.00 R 101-36103 TREE REMOVAL $0.00 $0.00 $0.00 $0.00 R 101-36200 MISCELLANEOUS REVENUE $3,282.78 $2,224.80 $6,000.00 $2,000.00 R 101-36211 INVESTMENT INTEREST $1,500.00 $0.00 $0.00 $0.00 R 101-36230 DONATIONS $25.00 $0.00 $0.00 $0.00 R 101-36231 DOG PARK DONATIONS 11/21/12 12:57 PM Page 2 2011 2012 2012 2013 R 201-34785 Amt YTD Amt Budget Budget Account Descr UnderLine $443.99 $584.00 $300.00 $300.00 R 101-36240 SURCHARGES $0.00 $134.56 $0.00 $0.00 R 101-36250 REFUNDS & REIMBURSEMENTS $3,783.00 $2,334.00 $0.00 $0.00 R 101-36252 LMC INSURANCE REFUND $23.34 $16.65 $0.00 $0.00 R 101-36255 MISC $0.00 $0.00 $0.00 $0.00 R 101-39101 SALES FIXED ASSETS $0.00 $0.00 $0.00 $0.00 R 101-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 101-39999 PRIOR PERIOD ADJUSTMENT $1,210,165.90 $648,242.45 $1,178,253.00 $1,187,216.00 $325.00 FUND 201 COMMUNITY EVENTS $0.00 $0.00 $0.00 $0.00 R 201-34785 PARK EVENTS $30.85 $0.00 $0.00 $0.00 R 201-34786 WINTER EVENT $0.00 $75.00 $50.00 $50.00 R 201-34787 GARAGE SALE $2,046.45 $1,200.00 $1,500.00 $800.00 R 201-34788 DAY IN THE PARK $469.30 $401.00 $400.00 $400.00 R 201-34789 MUSIC UNDER THE TREES $0.00 $0.00 $0.00 $0.00 R 201-34790 MUGS $0.00 $0.00 $0.00 $0.00 R 201-34791 POP SALES $147.00 $380.00 $100.00 $100.00 R 201-34792 T-SHIRT SALES $0.00 $325.00 $0.00 $700.00 R 201-34793 FUN RUN/WALK $0.00 $0.00 $0.00 $0.00 R 201-34794 NATIONAL NIGHT OUT $844.34 $1,793.19 $600.00 $600.00 R 201-34795 HALLOWEEN DONATIONS $34.40 $32.47 $100.00 $50.00 R 201-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 201-36230 DONATIONS $0.00 $0.00 $0.00 $0.00 R 201-36250 REFUNDS & REIMBURSEMENTS $147.51 $139.64 $100.00 $100.00 R 201-36255 MISC $0.00 $0.00 $0.00 $0.00 R 201-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 201-39201 TRANFER FROM GENERAL FUND BAL $3,719.85 $4,346.30 $2,850.00 $2,800.00 FUND 202 COMMUNICATIONS $0.00 $0.00 $168.00 $107.00 $0.00 $0.00 $19,746.77 $15,079.59 $19,914.77 $15,186.59 FUND 203 RECYCLING $0.00 $0.00 $4,750.00 $4,947.00 $35,413.57 $17,947.94 $0.00 $0.00 $94.43 $24.00 $501.86 $472.04 $0.00 $0.00 $12.00 $0.00 $0.00 $0.00 $40,771.86 $23,390.98 FUND 301 TAX INCREMENT DEBT SERVICE $0.00 $0.00 R 202-33600 GRANTS & AID FROM LOCAL GOV. $300.00 $100.00 R 202-36211 INVESTMENT INTEREST $0.00 $0.00 R 202-36250 REFUNDS & REIMBURSEMENTS $20,000.00 $20,000.00 R 202-36253 CABLE FRANCHISE REVENUE $20,300.00 $20,100.00 $0.00 $0.00 R 203-33621 METROPOLITAN COUNCIL -BIN GRAN $5,000.00 $4,800.00 R 203-33622 COUNTY GRANTS $35,000.00 $35,000.00 R 203-36100 SPECIAL ASSESMENTS $0.00 $0.00 R 203-36101 PRINCIPAL $0.00 $0.00 R 203-36102 PENALTIES & INTEREST $800.00 $300.00 R 203-36211 INVESTMENT 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302-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 $0.00 R 302-36102 PENALTIES & INTEREST $0.00 $0.00 $0.00 $0.00 R 302-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 302-36250 REFUNDS & REIMBURSEMENTS $0.00 $0.00 $0.00 $0.00 R 302-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 302-39310 GENERAL OBLIGATION BND PROCEE $0.00 $0.00 $0.00 $0.00 R 403-39999 PRIOR PERIOD ADJUSTMENT FUND 303 02 ST/UTIL IMP DEBT SERVICE $0.00 $0.00 $0.00 $0.00 R 303-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 $0.00 R 303-36102 PENALTIES & INTEREST $0.00 $0.00 $0.00 $0.00 R 303-36211 INVESTMENT INTEREST $68,380.60 $0.00 $0.00 $0.00 R 303-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 303-39310 GENERAL OBLIGATION BND PROCEE $68,380.60 $0.00 $0.00 $0.00 R 402-39999 PRIOR PERIOD ADJUSTMENT FUND 304 03 ST/UTIL IMP DEBT SERVICE $34,883.01 $23,727.28 $34,000.00 $34,000.00 R 304-36100 SPECIAL ASSESMENTS $7,091.06 $2,124.81 $6,907.00 $5,000.00 R 304-36102 PENALTIES & INTEREST $1,749.03 $1,115.51 $3,000.00 $1,000.00 R 304-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 304-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 304-39310 GENERAL OBLIGATION BND PROCEE $43,723.10 $26,967.60 $43,907.00 $40,000.00 R 402-39999 PRIOR PERIOD ADJUSTMENT FUND 401 CAPITAL IMPROVEMENT STREETS $377.12 $0.00 $0.00 $0.00 $0.00 $0.00 $77.79 $0.00 $0.00 $2,597.96 $2,537.17 $4,500.00 $67,991.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $71,043.87 $2,537.17 $4,500.00 FUND 402 CAPITAL IMPROVEMENTS $0.00 R 401-36100 SPECIAL ASSESMENTS $0.00 R 401-36102 PENALTIES & INTEREST $0.00 R 401-36200 MISCELLANEOUS REVENUE $2,000.00 R 401-36211 INVESTMENT INTEREST $0.00 R 401-39200 INTERFUND OPERATING TRANSFERS $0.00 R 401-39201 TRANFER FROM GENERAL FUND BAL $0.00 R 401-39999 PRIOR PERIOD ADJUSTMENT $2,000.00 $544.11 $229.23 $1,000.00 $400.00 R 402-36211 INVESTMENT INTEREST $0.00 $70.50 $0.00 $0.00 R 402-36250 REFUNDS & REIMBURSEMENTS $0.00 $0.00 $0.00 $0.00 R 402-39101 SALES FIXED 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Ln O O N O to O n O N Vf O O CP M n M O t0 t0 M O cr rl Vf m t0 O n M Ln n Vt LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution Work Session Meeting Date November 27, 2012 ITEM NUMBER Non -Union Compensation STAFF INITIAL I APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: In the past, the Council extended the pay and benefits agreed to in the union contract to non- union staff. Past practice has also been to do it under the same terms, meaning it would be effective January 1. The Council may elect to do that for the 2013 now that the union con- tact has been finalized. OPTIONS: Extend or do not extend the benefits of the union agreement to non-union employees. STAFF RECOMMENDATION: Motion to (extend or not extend) the benefits of the union agreement for 2013 to non-union employees effective January 1, 2013. COUNCIL ACTION: LAUDERDALE COUNCIL E: ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date November 27, 2012 ITEM NUMBER Larpenteur / Eustis Discussion STAFF INITIAL 4 APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The Council expressed interest on spending the remaining TIF money on a sidewalk down Eustis Street from Larpenteur Avenue. Councilor Mac Lean and I met with folks from Stan- tec and Ramsey County to discuss options a couple of weeks ago. After that we met with Xcel Energy staff to determine the viability of moving the electrical lines to the east side of Eustis Street to make way for a sidewalk. Xcel said it would take a month or two to made that determination. I have been corresponding with Xcel's government affairs representa- tive but we haven't received an answer yet. I hope to know more by Tuesday's meeting. I mentioned during the last update that I would ask Stantec staff to prepare a cost estimate for concept plans for the sidewalk and for Larpenteur Avenue for Council consideration. I wanted to get these in front of you for discussion and feedback even though we don't yet know the viability of the Eustis Street sidewalk. If the Council wants to improve the Larpenteur Avenue streetscape by establishing design elements for the businesses to follow, that would need to happen before or in conjunction with Croix Oil's redesign (if they were agreeable). I mentioned in the Friday report that Croix Oil will be here Thursday at 10:00 am to discuss concerns they are having siting a new building. We would want to share with them then the direction the Council is going with regard to design standards. PROPOSAL LAUDERDALE STREETSCAPE DESIGN PROPOSAL October 30, 2012 VP Stantec Heather Butkowski, City Administrator City of Lauderdale 1891 Walnut Street Lauderdale, MN 55113 Re: A proposal for Streetscape Design We are pleased to submit this proposal to assist the City of Lauderdale with preparing concept designs for the Larpenteur Avenue Streetscape, as well as design alternatives for pedestrian and bike facilities along Eustis Street. The streetscape treatments in this important gateway area have a great deal to do with shaping the character of Lauderdale, forming an armature for redevelopment and strengthening connections to the surrounding community. It is our understanding the primary objectives for our services is to: • Prepare preliminary concepts sketches and cost estimates for the streetscape along Larpenteur Avenue between Highway 280 and Eustis Street. Prepare concept alternatives and cost estimates to incorporate bicycle and pedestrian facilities along Eustis Street between Larpenteur and Como Avenues. SCOPE OF SERVICES We have outlined a work program that responds to our understanding of the project and the objectives of the project. We believe our methodology will produce a meaningful, cost-effective and responsive plan for the project area. The proposed work program is outlined in the sequence in which the tasks are proposed to be performed. Our intent is to tailor the work tasks to meet your needs and budget. The following tasks are proposed at the concept plan level to assist in policy level decision making, but does not include detailed design or construction documents. Task A: LarpenteurAvenue Streetscape The first phase of this process would be to put together the concept for Larpenteur Avenue. The concept would set a tone that then could be extended to other sites on the corridor and Eustis Street as they redevelop. Of course, each additional site would be looked at individually, but the initial concept would be created with the thought that it would establish design concepts that could be extended throughout the corridor. Stantec • 2335 West Highway 36 • St. Paul, MN 551 1 3 PROPOSAL LAUDERDALE STREETSCAPE DESIGN PROPOSAL October 30, 2012 qwr Stantec This phase consists of the following steps: • Analysis/basemapping • Prepare concept plan • Prepare section • Prepare a perspective sketch that conceptually illustrates streetscape treatments that may include lighting, parking buffers, entry monuments, street furniture and other streetscape elements. • Present a palette of materials • Prepare preliminary cost scenarios • Review meeting with City and County Staff • Attend one City Council meeting to present concept plan This could be accomplished for a lump sum of $4500. Task B; Eustis Street Sidewalk The step could occur concurrently with Task A or independently. It will entail preparing a concept plan to include bicycle and pedestrian facilities along Eustis Street from Como to Larpenteur Avenues. As discussed at our on-site meeting, the concept will include on -street bike facilities in each direction and a separated walk on the west side of the street. Crosswalk improvements will be included at Larpenteur, Idaho and Como Avenues. This phase consists of the following steps: • Analysis/basemapping • Prepare concept plan • Prepare street section • Prepare a perspective sketch that conceptually illustrates bicycle and pedestrian facilities, retaining walls, landscaping and other potential streetscape elements. • Prepare preliminary cost scenarios • Review meeting with City and County Staff • Attend one City Council meeting to present concept plan DELIVERABLE: Recommendations, illustrations, and supporting text for the preliminary design for Eustis Street bicycle and pedestrian improvements. This could be accomplished for a lump sum of $7500. Stantec • 2335 West Highway 36 • St. Paul, MN 55113 LAUDERDALE STREETSCAPE DESIGN PROPOSAL October 30, 2012 VP Stantec REIMBURSABLE EXPENSES Consultant will be reimbursed for all direct expenses relating to the professional services described above according to the Standard Rate Schedule below. These expenses may include drafting and art supplies, mileage, postage, delivery charges, photography and reproduction charges, fax, long distance phone, and other typical and normal expenses associated with this type of planning work. Any unusual or large expenses will be approved in advance. Additional Support Services If authorized by the Client, the Consultant may provide the following Supplemental Services on an hourly basis unless otherwise negotiated with the City. 1. Attendance and assistance with public meetings and hearings in excess of those noted in Basic Services. 2. Providing any other service not otherwise included in Basic Services or not customarily furnished in accordance with generally accepted professional technical practice. We are very excited to be considered for on-going work in the City of Lauderdale and to be working with the city staff toward a successful project. If you have any questions about the proposal or its terms and conditions, please let us know. Respectfully, STANTEC CONSULTING SERVICES INC Geoff Martin, ASLA Senior Landscape Architect Tel: (651) 967-4545 Fax: (651) 636-1311 geoff.martin@stantec.com ve 1/0 vo 1 9 - Paul Bilotta, AICP Senior Planner Tel: (651) 967-4572 Fax: (651) 636-1311 paul.bilotta@stantec.com Stantec • 2335 West Highway 36 • St. Paul, MN 551 1 3 Heather Butkowski From: Reimer, Chuck <chuck.reimer@metc.state.mn.us> Sent: Tuesday, November 20, 2012 2:10 PM To: Heather Butkowski Cc: Atkins, John Subject: The 2012 Application for Municipal I/I Grant for Lauderdale Review Importance: High Heather, The 2012 Application for Municipal 1/1 Grant for Lauderdale Review Metropolitan Council Environmental Services (MCES) staff has completed its review of the eligibility of proposed expenses and determined a Preliminary Minimum Allocation (PMA) for the 2012 Municipal I&I Grant Program. As with the previous 2010 1&I Grant program, the maximum grants to any city cannot exceed 50% of eligible I&I costs. In addition, as the total requested exceeded available funding, all individual PMAs were pro -rated and are less than the maximum for each applicant. The total eligible project amount stated in your application is $249,667. MCES staff has determined the total eligible project amount to be $124,834. The PMA for your city is calculated at $60,890. Metropolitan Council guidelines provide each city the opportunity to withdraw or partially withdraw (if there are multiple projects) by submitting withdrawal intentions no later than December 21St. MCES staff will then re -allocate any funds arising from withdrawals and, if available, any unused funds from the 2010 grant and determine a Final Reimbursement Award (FRA) for each city. Notification of FRAs will occur by December 31, 2012. If you have any questions or concerns, please contact Chuck Reimer via email at Chuck. Reimer@METC.state.mn.us. MCES Finance chuck.reimer(a)m etc.state.mn.us P. 651.602.1802 1 F. 651.602.1477 390 North Robert Street I St. Paul, MN 155101 ( metrocouncil.org This email is intended to be read only by the intended recipient. This email may be legally privileged or protected from disclosure by law. If you are not the intended recipient, any dissemination of this email or any attachments is strictly prohibited, and you should refrain from reading this email or examining any attachments. If you received this email in error, please notify the sender immediately and delete this email and any attachments. LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date November 27, 2012 ITEM NUMBER Animal Ordinance Discussion STAFF INITIAL �A APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: A number of issues have arisen with the animal control ordinance since it was revised in mid -2006. First, the ordinance was drafted before the state implemented a dangerous dog stat- ute in 2008. That ordinance trumps ours which could be confusing for residents. Second, the ordinance lacks details with regarding to regulating animals beyond dogs and cats. With so much interest in chickens and bees, it would be helpful for staff and residents to under- stand expectations. Finally, the ordinance has technical glitches which also make it difficult to understand. Before revising the current ordinance or drafting a new one, staff is looking for guidance from the Council on a variety of topics, including: • Whether the Council wants to continue licensing dogs and cats. Falcon Heights does not. Some cities are moving to lifetime license like Roseville did recently. • What other pets may be allowed—ferrets, chickens, rabbits, roosters, pot-bellied pigs, pygmy goats, bees etc. • Regulation of chickens whether it be in number or parameters for keeping them. Regu- lation of roosters. Should kennels be allowed? • Regulating the number and types of animals property owners may have. • Regulations for the use of the dog park. • Slaughtering of animals. Something to consider if you allow chickens, goats, and rab- bits. • Regulation of feral cats. Staff receive complaints from folks when they see their neigh- bors feeding them. • Ground feeding of wild animals like ducks, geese, squirrels, opossums, turkeys etc. I highlighted a number of sections in the League informational document for your review to provide some guidance and background. I would like to walk though the key sections of the document during the discussion. Based on the discussion, staff will bring back information to help the Council make informed decisions. GOVERNING & MANAGING INFORMATION 0Animal Regulation in LEAGU EO O MINNESOTA Cities CITIES 30A December 2010 The League of Minnesota Cities provides this publication as a general informational memo. It is not intended to provide legal advice and should not be used as a substitute for competent 145 UNIVERSITY AVE. WEST legal guidance. Readers should consult with an attorney for ST. PAUL, MN 55103-2044 advice concerning specific situations. PHONE: (651) 281-1200 © 2008 League of Minnesota Cities TOLL FREE: (800) 925-1122 All rights reserved FAX: (651) 281-1299 WEB: WWW.LMC.ORG Contents I. Introduction....................................................................................................................................... 4 II. General considerations in regulating animals................................................................................... 4 A. Drafting the ordinance.................................................................................................................. 4 B. Making distinctions between animals........................................................................................... 5 III. Owner rights and responsibilities.................................................................................................. 5 A. Rights............................................................................................................................................ 5 B. Responsibilities............................................................................................................................. 6 IV. City responsibilities...................................................................................................................... 7 A. Minnesota Pet and Companion Animal Welfare Act—cats and dogs .......................................... 7 B. Disposition of animals.................................................................................................................. 9 V. Animal regulation—general information........................................................................................ 12 A. Licensing.....................................................................................................................................12 B. Humane care............................................................................................................................... 13 C. Limiting number of animals........................................................................................................14 D. Animals at large.......................................................................................................................... 14 E. Dogs and cats in vehicles............................................................................................................ 14 F. Cleaning up aminal waste...........................................................................................................14 G. Vaccinations................................................................................................................................15 H. Rabies..........................................................................................................................................15 VI. Regulation of dogs......................................................................................................................17 A. Barking dogs...............................................................................................................................17 B. Dogs at outdoor restaurants......................................................................................................... 18 C. Dogs at large............................................................................................................................... 19 D. Dogs as a nuisance...................................................................................................................... 19 E. Dog parks....................................................................................................................................20 F. Kennels....................................................................................................................................... 20 G. Dangerous dogs...........................................................................................................................21 VII. Regulation of cats.......................................................................................................................29 A. Feral cat trapping programs........................................................................................................ 30 B. Feeding bans............................................................................................................................... 30 C. Disposition..................................................................................................................................31 VIII. Regulation of other animals........................................................................................................ 31 A. Other pet animals........................................................................................................................ 31 B. Police dogs and service animals.................................................................................................. 31 C. Farm animals...............................................................................................................................32 D. Insects and bugs.......................................................................................................................... 34 2 LEAGUE OF MINNESOTA CITIES A. Exotic or regulated animals......................................................................................................... 34 IX. Hunting and fishing..................................................................................................................... 35 X. Animal health and safety laws........................................................................................................ 36 A. Animal cruelty provisions...........................................................................................................36 B. Animal fighting...........................................................................................................................39 C. Board of Animal Health..............................................................................................................40 XI. Conclusion..................................................................................................................................41 ANIMAL REGULATION IN CITIES 3 I. Introduction Animals are a regular part of life in a city. Cities have broad authority to regulate and control animals within the city. State law also imposes regulations on animals that cities must observe and sometimes enforce. This memo discusses regulation and control of many types of animals, from dogs and cats to exotic animals. LMC Information Memo, zoning Animal regulation sometimes intersects with zoning issues, like feed lot Guide for Cities, Section III location. This memo does not discuss zoning aspects. "Restricting feedlots." II. General considerations in regulating animals Minn. Stat. § 412.221, subd. 21 Cities have broad authority to regulate animals by adopting an ordinance under their police powers or, in some cases, by relying on state law. Police powers relate to public health, safety, morals, and public welfare. Cities may regulate many aspects related to animals within the city, including the following: • The keeping of animals. • Animals running at large. • The impounding, sale, or destruction of animals. Minn. Stat. §§ 347.50-.565. • Dangerous and potentially dangerous animals. LEAGUE OF MINNESOTA CITIES A. Drafting the ordinance Handbook, Chapter 7. Regulation of animals should be done by ordinance. The city should have a reasonable basis for adopting the animal control ordinance. This means that Village ofEuelid, Ohio r. Ambler the ordinance must not be arbitrary or unreasonable. Establishing a Realty Co., 272 U.S. 365, 47 S. reasonable basis for the ordinance at the time it is adopted will help the city Ct. 114 (1926) defend the ordinance if it is later challenged. The ordinance should be clearly drafted and, whenever possible, include Press t. City of Minneapolis, 553 objective standards for measuring if an ordinance violation. The N.W.2d 80 (Minn. Ct. App. ordinance should be written so that ordinary people can understand what 1996); State r Reha, 483 NW2d 688 (Minn. 1992) conduct is prohibited or required. An ordinance can still be somewhat flexible and broad so long as it is clear what it allows or prohibits. Further, a clearly written ordinance helps to avoid arbitrary or discriminatory enforcement. Holt v. City of Sauk Rapids, 559 When deciding how to handle animal -related issues, the city may select the N.W.2d 444 (Minn. Ct. App. solution it sees as the best fit (so long as it is reasonable) even if it is not the 1997) salve method used in other cities or what other people might see as more appropriate. LEAGUE OF MINNESOTA CITIES Enforcement is another issue for the city to consider when adopting any ordinance, including one on animal regulation. The city should make sure it has the people, resources, interest, and capability to enforce any ordinance it adopts. The city should also consider the unique aspects of animal regulations, such as catching or seizing animals, impounding animals, destroying animals, and other similar issues that arise when dealing with animals. III. Owner rights and responsibilities A. Rights Corn r. Sheppard, 229 N.W. 869 In general, the law treats animals as personal property. Therefore pet and Banka, 524 ; .W.2d r' animal owners have the same rights with regard to their animals as with Bmrham, 524 N. W.2d 478 (Minn. Ct. App. 1995); Minn. stat. § other personal property. 609.52. 1. Due process rights U.S. Const. amendments V and Both the federal and state constitutions provide that no person may be XIV; Minn. Const. art. 1, § 7. deprived of their property without due process of law. The two basic Mathews v. Eldridge, 424 U.S. requirements of due process are: 1) notice to interested parties, and 2) an 319, 96 S. Ct. 893 (1976) opportunity to be heard by a person or group who has the authority to snake a decision on the matter. The opportunity to be heard must be at a meaningful time and in a meaningful manner. Since animals are treated as property, due process considerations apply in situations where the city is dealing with animals. ANIMAL REGULATION IN CITIES B. Making distinctions between animals The city may make distinctions between different types of animals in its Town of Grant n. Johnson, No. animal control ordinance as long as there is a reasonable basis for the C2-93-243 (Minn. Ct. App. June distinction. However, some types of distinctions are prohibited by law. For 29, 1993) (unpublished decision). example, state law prohibits regulating dangerous dogs based solely on the Minn. Stat. § 347.51, subd. 8 breed of the dog. There may be many distinctions that have a reasonable basis. Some common distinctions are: • Farm animals from pet animals. See Section 13111 B Police dogs • police dogs from other dogs. and sen ice animals. • Service animals from other animals. • Zoo ownership of wild or exotic animals from private ownership of the same animals. III. Owner rights and responsibilities A. Rights Corn r. Sheppard, 229 N.W. 869 In general, the law treats animals as personal property. Therefore pet and Banka, 524 ; .W.2d r' animal owners have the same rights with regard to their animals as with Bmrham, 524 N. W.2d 478 (Minn. Ct. App. 1995); Minn. stat. § other personal property. 609.52. 1. Due process rights U.S. Const. amendments V and Both the federal and state constitutions provide that no person may be XIV; Minn. Const. art. 1, § 7. deprived of their property without due process of law. The two basic Mathews v. Eldridge, 424 U.S. requirements of due process are: 1) notice to interested parties, and 2) an 319, 96 S. Ct. 893 (1976) opportunity to be heard by a person or group who has the authority to snake a decision on the matter. The opportunity to be heard must be at a meaningful time and in a meaningful manner. Since animals are treated as property, due process considerations apply in situations where the city is dealing with animals. ANIMAL REGULATION IN CITIES Mathews v. Eldridge, 424 U.S. Due process is a flexible concept and should be tailored to the particular 319, 96 S. Ct. 893 (1976) situation. Statutes sometimes provide particular notice and hearing requirements that must be followed. If the law is silent on notice or hearing requirements, or the requirements provided are minimal, that does not mean that due process does not apply. Rather, that means that the city, with the help of the city attorney, should determine how the city will satisfy these requirements. Whenever possible, it is a good idea to spell out the process that will be followed in the applicable city ordinance. 2. Lawfully entering onto private property The procedures covered in this memo often involve private property. Private property rights are constitutionally protected, so it is important that the city take appropriate steps to ensure these rights are resected. Whenever this memo mentions entering private property for investigative, enforcement, or other reasons, the principles outlined in this section will apply. U.S. Const. amendment Iv. Generally, in order to lawfully enter private property for investigative, Camara v. Municipal Court, 387 enforcement, or other purposes, the city must either obtain voluntary U.S. 523, 87 S. Ct. 1727 (1967) consent from the owner or an administrative search warrant. Seeking consent is the simplest way to gain access to property. Consent must be voluntarily given by a person who has the authority to consent, such as the owner or occupant of the property. It is important that the person giving consent is aware of the purpose and scope of the inspection or investigation before consenting. It is preferable to obtain the consent in writing. If the city does not or cannot obtain the owner's consent to enter the property, the city may obtain an administrative search warrant. An administrative search warrant is issued by a judge and allows designated Camara v. Municipal Court, 387 people to enter the property for certain purposes specified in the warrant. An U.S. 523, 87 S. Ct. 1727 (1967) administrative search warrant removes the need for consent. In order to LMC infonuation memo, Administrative Searches and obtain an administrative search warrant, the city must show the judge there Seizures. is "probable cause," which shows its request to enter private property is justified. In some situations, it may be possible to lawfully enter private property without consent or a warrant, such as when an emergency exists. The city attorney will be able to provide specific legal advice on whether a warrant or consent is necessary. While some state laws and ordinances say that searches or inspections may be conducted at any time, it is still preferable to obtain consent or a search warrant. B. Responsibilities Animal owners also have responsibilities for their animal. Some of the common responsibilities are to: LEAGUE OF MINNESOTA CITIES Minn. stat. § 412.22 1, subd. 21 • Obtain the appropriate license, if any, from the city and satisfy all requirements related to obtaining and maintaining the license. Minn. Stat. ch. 343 . Treat their animals humanely. • Maintain control of their animal and comply with applicable nuisance ordinances, such as not allowing the animal to run at large, not allowing their animal to be excessively noisy, etc. It is also the responsibility of the animal owner to comply with all state laws and city ordinances that apply to their animal. In addition, animal owners are generally responsible for the actions of their animals, including damage caused by the animal. Section v1 G, Dangerous dogs. For instance, the owner of a dog is generally responsible for injury or damage that occurs when the dog bites another person or animal. If a dog, without provocation, attacks or injures any person who is acting peaceably Minn. stat. § 347.22 in any place where the person may lawfully be, the owner of the dog is liable for damages to the person so attacked or injured for the full amount of the injury sustained. The term "owner" includes any person harboring or keeping a dog, but the owner must be primarily liable. Minn. stat. §§ 347.01-.03 There are also state laws that protect the owners of animals, including domestic animals and livestock, from dog attacks on their animals. The owner or keeper of a dog that kills, wounds, or worries a domestic animal will be held liable to the owner of the animal that was damaged. IV. City responsibilities Cities are responsible for enforcing ordinances, properly caring for animals in their custody, and following the applicable laws and ordinances. Oftentimes, these responsibilities are most obvious when the city has captured, seized, or otherwise has an animal in its custody or care. A. Minnesota Pet and Companion Animal Welfare Act—cats and dogs Minn. stat. § 346.39 The Minnesota Pet and Companion Animal Welfare Act (Animal Welfare Section xA, Animal eruelip Act) sets minimum care standards for dogs for veterinarians, animal Provisions. boarding facilities, and commercial animal facilities. It is not clear what constitutes an animal boarding facility, so it is not clear whether these laws apply to city facilities. A conservative approach is to follow the minimum care standards outlined below in facilities where animals are boarded. This act has different requirements for different animals, so the city should consult the statute to ensure the applicable requirements are followed, Minn. stat. §§ 346.35-.44 particularly when the city is dealing with an animal not regularly dealt with. Since dogs and cats are likely the most common animals the city deals with, this section will cover the requirements for those animals. ANIMAL REGULATION IN CITIES C. Exercise Minn. stat. § 346.39 All cats and dogs must be provided the opportunity for exercise for 20 to 30 minutes at least once every eight hours, either through free choice or through a forced work program, unless exercise is restricted by a licensed veterinarian. LEAGUE OF MINNESOTA CITIES a. Confinement Minn. stat. § 346.39 A confinement area must provide sufficient space to allow each cat and dog to turn about freely and easily stand, sit, and lie in a non -nal position. State law provides a formula to follow to determine the minimum amount of space required. Minn. stat. § 346.39 Confinement areas must be maintained at a temperature suitable for the animal involved. A shaded area must be provided sufficient to protect the animal from the direct rays of the sun at all times from May to October. Bedding, if used, frust be kept clean and dry. Outdoor enclosures must be kept clean, and base material replaced as necessary. Minn. Stat. § 346.39 If the confinement area is indoors, it must be ventilated. Drafts, odors, and moisture condensation must be minimized. Auxiliary ventilation, such as exhaust fans, vents, and air conditioning, must be used when the room temperature rises to a level that may endanger the animals' health. Further, an indoor confinement area must have at least eight hours of illumination sufficient to permit routine inspection and cleaning. Minn. Stat. § 346.39 Where applicable, the interior surfaces of confinement and exercise areas, including crates and containers, must be constructed and maintained so that they are substantially impervious to moisture and may be readily cleaned. They must protect the aminal from injury and be kept in good repair. Animal wastes and excess fluids must be disposed of properly. b. Food and water Minn. Stat. § 346.39 Cats and dogs must be provided with food of sufficient quantity and quality to allow for normal growth or the maintenance of body weight. Food must National Research Council, 500 be provided at least once every 24 hours or more often, if necessary, to Fifth St. N.W., Washington, D.C. 20001; 202-334-2000. maintain the health and condition of the animals. Feed standards must be those recommended by the National Research Council. Cats and dogs frust also be provided with clean, potable water in sufficient quantity to satisfy the cat's or dog's needs. Water must be provided at least once every eight hours. Snow and ice are not adequate water sources. Minn. Stat. § 346.39 Food and water containers must be accessible to each animal and located to minimize contamination by animal waste. The containers must be kept clean. Disposable containers must be discarded when soiled. Measures must be taken to protect animals from being contaminated with water, wastes, and harmful chemicals. C. Exercise Minn. stat. § 346.39 All cats and dogs must be provided the opportunity for exercise for 20 to 30 minutes at least once every eight hours, either through free choice or through a forced work program, unless exercise is restricted by a licensed veterinarian. LEAGUE OF MINNESOTA CITIES d. Transportation Minn. stat. § 346.39 When a dog or cat is transported in a crate or container, it must be constructed of nonabrasive wire or a smooth, durable material suitable for the animals. Crates and containers must be clean, adequately ventilated, contain sufficient space to allow the animals to turn around, and provide maximum safety and protection to the animals. e. Disposal of animals under Animal Welfare Act Minn. stat. § 346.37 If the city is in possession of an animal and turns it over to a vet, boarding facility, or commercial facility, and the owner does not claim the animal from that facility within 10 days, the law provides a process for the facility to dispose of the animal. Minn. Stat. § 346.37, subd. I The law requires that facilities must warn its patrons of the disposal process in a conspicuously posted notice or by conspicuous type in a written document given to the owner. If the city enters into agreements with these types of facilities, the city may consider giving a similar warning. B. Disposition of animals Minn. stat. § 35.71; 7 U.S.C. § Cities generally have the authority to dispose of animals in their custody 2158. according to the process laid out by law or city ordinance. If there is no state law or ordinance to allow disposition of the animal, the city likely lacks the A.G. Op. 146-e (Dec. 6, 1948). authority to do so. 1. General process There is no one -size -fits -all process for disposal of animals. The holding period and process for disposal varies, depending on the type of the animal and the circumstances under which the animal was captured or seized. However, there is a process for disposing of unclaimed animals, which seems to cover many situations where there is not a more specific law. This process, outlined below, applies to any public or private agency, person, Minn. Stat. § 35.71, subd. I society, or corporation with custody of animals seized by the city or other political subdivision. Minn. stat. § 35.71 Unclaimed animals must be held for redemption by the owner for at least five regular business days of the impounding agency. The city can, by ordinance, require the holding period to be longer. A "regular business day" means a day during which the establishment having custody of an animal is open to the public not less than four consecutive hours between the hours of 8 a.m. and 7 p.m. While the law does not provide notice and hearing requirements, it would be prudent for the city to notify owners or others with an interest in the animal, if known, that the animal has been seized and is being held. There should also be some process for the owner to reclaim the animal. ANIMAL REGULATION IN CITIES Minn. stat. § 35.71. The establishment must maintain the following records of the animals in custody: • The description of the animal by species, breed, sex, approximate age, and other distinguishing traits. • The location at which the animal was seized. • The date of seizure. • The name and address of the person from whom any animal three months of age or over was received. • The name and address of the person to whom any animal three months of age or over was transferred. Minn. stat. § 35.71 These records must be preserved for at least six months and must be maintained in a form permitting easy perusal by the public. A person may view the records and animals in custody at any time during which the establishment is open to the public. Coyle r. City of Delano, 526 Where the city transfers the animals to another agency, that agency has the N.w.2a los, 207 (Minn. a. App. 1995) same duties imposed by law, including keeping these records. Minn. Stat. § 35.71 Certain institutions, such as schools or colleges, may apply to the Minnesota Board of Animal Health for a license to obtain unredeemed animals from establishments. If an institution is licensed by the board, it may obtain animals from cities. At the end of the five-day period (or longer if specified by ordinance), all unredeemed animals must be made available to any licensed institution that has requested thein, pursuant to the statutory process. However, if a statement by the animal's owner or on the animal's tag specifies that the animal may not be used for research, the animal must not be made available to any institution. If an animal does not go to an institution, the animal may be humanely destroyed. 2. Disposition If after the specified time, all of the statutory and due process requirements State r. Utech, No. A09-1766 have been met, and no institution has requested animals, the city may (Minn. Ct.App. Sept. 28, np 2010)(unpublished decision) dispose of the animal. State law prohibits the use of a decompression chamber to destroy an animal. State law also prohibits unjustifiably administering any poisonous or noxious drug or substance. The attorney Minn. Stat. § 343.37 general has advised that the issue of whether to use poison to dispose of Mimi. Stat. § 343.27; A.G. Op. animals is an issue of fact for the city to decide. (May 24, 1947). The way cities dispose of animals varies. Some cities contract with a veterinarian to have the animal "put down." Other cities may have the staff and resources available to dispose of the animal without the need to contract with another person or organization. 10 LEAGUE OF MINNESOTA CITIES "Statement on Euthanasia There are many organizations that make recommendations or have Methods for Animals in guidelines on euthanizing animals. While these are not binding on cities Shelters," Humane Society of the United States (March 31, 20009); (and, indeed, are not written for cities), they may provide helpful "AVMA Guidelines on information for cities in making decisions on how animals will be destroyed. Euthanasia," American Veterinary Medical Association (June 2007). 3. Diseased dogs Minn. Stat. § 347.17 There are certain situations described by law that allow any person to kill a dog immediately. Any person may kill any dog: • That the person knows is affected with the disease hydrophobia (which is associated with rabies). • That may suddenly attack while the person is peacefully walking or riding and while being out of the enclosure of its owner or keeper. • Found killing, wounding, or worrying any horses, cattle, sheep, lambs, or other domestic animals. Minn. stat. § 35.69 . Running at large on the public street or roads without the required muzzle when a board of health determines that rabies exists in the town or city and the required rabies proclamation is filed, and the owner of the dog has no claim against the person who kills the dog. Minn. Stat. § 347.03 . Found chasing, injuring, or worrying his or her sheep or other livestock or poultry on land owned or controlled by the owner or caretaker. Further, any owner or caretaker of sheep may kill any dog found on their property where sheep are kept, not under human restraint or control. Cities should not regularly rely on these laws to kill or dispose of animals in place of other laws that provide a more detailed process. These laws are intended only for specific circumstances and should generally not be relied on routinely. 4. Disposing of animal carcasses Sometimes the city will be asked what an animal owner should do with the animal carcass when the animal dies at home. State law provides that the Minn. Stat. § 35.82 animal should be buried at a depth that will prevent scavenging by other animals, burning the carcass, or by other approved methods. Some cities will spell out what to do with a carcass by ordinance. Some cities prohibit the burning of carcasses, particularly by burning them in a wood burner or boiler. ANIMAL REGULATION IN CITIES I I 6. Slaughtering Cities generally have the authority to regulate slaughtering within the city. Many cities prohibit slaughtering of animals in city limits, unless the location is a slaughterhouse or similar establishment or is in a particularly Church ofLukumi Babahr Aye v. zoned area. However, cities need to be careful in drafting and enforcing City of Hialeah, 508 U.S. 520 ordinances on slaughtering of animals so that the ordinance is not used to target religious slaughtering or sacrificing of animals. V. Animal regulation—general information Section II, General Cities have broad authority to regulate animals, and may adopt appropriate considerations in regulating regulations e community. animals. re latifor the needs of the This section will discuss some general issues about regulating animals, as well as issues specific to common types of pets. A. Licensing Cities may license pets. If the city chooses to license pets, it should adopt an ordinance that sets forth the process and requirements. Cities may charge a City ofFaribault v. Wilson, 25 reasonable fee for the license. The cost of the license should be set at a level N.W. 449 (Minn. 1885.) to recoup the costs of issuing the licenses, enforcement, and other related costs. Section VG, Vaccinations. Some cities require proof of current vaccination in order to obtain a license. One way to do this is to require animal owners to show a certificate from a veterinarian indicating that the animal has been vaccinated. This method is preferred to having applicants check a box to indicate whether the animal has been vaccinated. Having an applicant check a box, without a certificate to verify the vaccinations, could allow the owner to provide inaccurate information. 12 LEAGUE OF MINNESOTA CITIES 5. Liability The city should be cautious when disposing of animals because owners can recover damages from the city if the city wrongfully destroys their animal. Soucek n Banhanr, 524 N.W.2d This may also apply when there is an emergency or urgent situation where 478 (Minn. Ct. Ap. 1994) Molenaarv. United Cattle Co., an animal is killed without due process. Generally, the measure of damages 553 N.W.2d 424 (Minn. Ct. Ap. is the fair market value of the animal. There is some uncertainty about 1996); Wilson v. Eagan, 297 whether the owner of the animal may recover punitive damages as well. It is N.W.2d 146 (Minn. 1980) important for the city to be cautious and to document the reasons that justified their actions; this will help defend the city if the action is challenged 6. Slaughtering Cities generally have the authority to regulate slaughtering within the city. Many cities prohibit slaughtering of animals in city limits, unless the location is a slaughterhouse or similar establishment or is in a particularly Church ofLukumi Babahr Aye v. zoned area. However, cities need to be careful in drafting and enforcing City of Hialeah, 508 U.S. 520 ordinances on slaughtering of animals so that the ordinance is not used to target religious slaughtering or sacrificing of animals. V. Animal regulation—general information Section II, General Cities have broad authority to regulate animals, and may adopt appropriate considerations in regulating regulations e community. animals. re latifor the needs of the This section will discuss some general issues about regulating animals, as well as issues specific to common types of pets. A. Licensing Cities may license pets. If the city chooses to license pets, it should adopt an ordinance that sets forth the process and requirements. Cities may charge a City ofFaribault v. Wilson, 25 reasonable fee for the license. The cost of the license should be set at a level N.W. 449 (Minn. 1885.) to recoup the costs of issuing the licenses, enforcement, and other related costs. Section VG, Vaccinations. Some cities require proof of current vaccination in order to obtain a license. One way to do this is to require animal owners to show a certificate from a veterinarian indicating that the animal has been vaccinated. This method is preferred to having applicants check a box to indicate whether the animal has been vaccinated. Having an applicant check a box, without a certificate to verify the vaccinations, could allow the owner to provide inaccurate information. 12 LEAGUE OF MINNESOTA CITIES Some cities also offer a lower-cost license for an animal if there is proof that the animal has been spayed or neutered. Spaying and neutering can help to minimize the populations of unwanted or stray animals. Presumably, the lower cost is related to the lower cost of enforcement of an animal that will not produce offspring or the troubles related to mating. Some cities also provide animal licenses for free or at a reduced cost for service animals and police dogs. There are a couple of reasons potential reasons for the lower cost. One rationale is that these animals are not just pets, but perform important (and sometimes necessary) work for the individuals and, in the case of police dogs, for the community. The other rationale is that these animals are less likely to cause animal control issues, such as running at large. Licensing animals serves different purposes, depending on the licensing ordinance. For example, when animals are required to be properly vaccinated, it leads to a healthier animal population. Another benefit is that the city can collect a fee that can be used to offset the costs of enforcing animal regulations. In tight budget times, this might be a way to help pay for the services related to animal control. 1. Lifetime licenses Some cities offer lifetime licenses for an animal as an alternative to a regular license. As the name suggests, the owner only needs to purchase one license for the animal instead of renewing the licenses annually or at some other set interval. Lifetime licenses may have more conditions to meet than a standard license, such as requiring proof that the animal has had a microchip implanted. Some cities still require that the city be updated regularly with vaccination certificates for each animal with a lifetime license. This allows the city to make sure licensed animals are regularly vaccinated and that the license is still active (i.e., the animal is still alive and living in the city). 2. County licenses Minn. Stat. §§ 347.08-.21 If the city does not have a licensing ordinance, the county may have ordinances about licensing and regulating dogs running at large that apply in the city. If there is a county ordinance that applies, the city clerk should be familiar with his or her responsibilities under the county ordinance. B. Humane care While state law regulates the humane care of animals, cities may choose to adopt similar provisions by ordinance. The ordinance should clearly spell Minn. Stat. §§ 346.35 - 346.44 out what is or is not acceptable. Instead of drafting an ordinance from Section NA Minnesota Pet and scratch, the city may incorporate state law, such as the Animal Welfare Act, Companion Animal We fare Act. into city ordinances. ANIMAL REGULATION IN CITIES 13 When looking into whether an animal is being treated inhumanely, cities should keep in mind that different animals, and different breeds of animals, may have different needs and different thresholds. Otherwise, an owner may challenge a citation for animal cruelty on the basis that the ordinance was applied to him or her arbitrarily. D. Animals at large Animals that are running loose may be considered a public nuisance. One Boitz i. Preblich, 405 N.W.2d solution to this issue is to enact a "leash law" that requires animals to be on 907, 913 (Minn. Ct. App. 1987) leashes or otherwise under control. E. Dogs and cats in vehicles Minn. Stat. § 346.57 A person may not leave a dog or cat unattended in a standing or parked motor vehicle in a manner that endangers the animal's health or safety. The most common examples would be leaving a dog or cat in a motor vehicle in hot or cold weather. A violation of this law is subject to a $25 fine. A peace officer, humane agent, dog warden, or volunteer or professional member of a fire or rescue department of the city may use reasonable force to enter a motor vehicle and remove a dog or cat that has been left in the vehicle. The person removing the dog or cat must use reasonable means to contact the owner of the dog or cat to arrange for its return home. If the person is unable to contact the owner, the person may take the dog or cat to an animal shelter. F. Cleaning up animal waste Many cities also have an ordinance that requires people to pick up animal waste. The point is to prevent animal waste from accumulating or entering storm drains, which could lead to a variety of livability and health-related concerns. 14 LEAGUE OF MINNESOTA CITIES C. Limiting number of animals Holt v. city of Sauk Rapids, 559 The city may place reasonable limits on the number of animals per 1997) Sate .Minn. , App. 1997) State v. Reinke, 702 household or residential unit. Minnesota courts have upheld ordinances that N.W.2d 308 (Minn. Ct. App. limit the number of dogs per household in order to deal with noise, odor, 2005); State r. Schuler, No. C9- and other related concerns. The courts have found that ordinances that 96-1047 (Minn. Ct. App. Feb. 25, 1997) (unpublished decision). address these issues were reasonably related to the public's health, safety, and welfare. The city does not have to base the number on empirical evidence, but there should be some rational relation between the ordinance and the health or safety of the community. Cities approach limiting the number of animals per house in different ways. For example, some cities will cap the total number of animals allowed per household and other cities will limit the number of each type of animal that is allowed. The numbers of allowed animals also ranges. It is up to the city to determine the best approach for itself. D. Animals at large Animals that are running loose may be considered a public nuisance. One Boitz i. Preblich, 405 N.W.2d solution to this issue is to enact a "leash law" that requires animals to be on 907, 913 (Minn. Ct. App. 1987) leashes or otherwise under control. E. Dogs and cats in vehicles Minn. Stat. § 346.57 A person may not leave a dog or cat unattended in a standing or parked motor vehicle in a manner that endangers the animal's health or safety. The most common examples would be leaving a dog or cat in a motor vehicle in hot or cold weather. A violation of this law is subject to a $25 fine. A peace officer, humane agent, dog warden, or volunteer or professional member of a fire or rescue department of the city may use reasonable force to enter a motor vehicle and remove a dog or cat that has been left in the vehicle. The person removing the dog or cat must use reasonable means to contact the owner of the dog or cat to arrange for its return home. If the person is unable to contact the owner, the person may take the dog or cat to an animal shelter. F. Cleaning up animal waste Many cities also have an ordinance that requires people to pick up animal waste. The point is to prevent animal waste from accumulating or entering storm drains, which could lead to a variety of livability and health-related concerns. 14 LEAGUE OF MINNESOTA CITIES G. Vaccinations Section VA, Licensing. A city may require that animals be vaccinated in order to obtain a pet "Vaccinations," American license. The vaccines required should be tailored to the needs of the Veterinary Medical Association surrounding area. The city should require only "core" vaccines that are (December 2009). recommended for most pets. A local veterinarian can assist the city in determining what vaccines are considered "core" in the area. Section VH, Rabies. Rabies vaccines are commonly required for animals in order to obtain a pet license from the city. Vaccines are an important way to minimize the chance of rabies becoming a problem in the city. "Canine distemper," American Another commonly required vaccine for dogs is for canine distemper. This Veterinary Medical Association (March 2010). highly contagious and serious virus is spread through airborne exposure to the virus from an afflicted dog or wild animal. Distemper is often fatal, and where it is not fatal, it causes irreparable damage to the dog's health. Vaccinations are important to prevent this virus. Minn. R. 1705.1146 Animal rabies vaccines may only be administered by or under the supervision of a veterinarian. Minnesota law requires that the veterinarian Rabies Vaccination Certificate responsible for the administration of the rabies vaccine sign a rabies (Form 51) National Association vaccination certificate for each pet vaccinated. The certificate must include of State Public Health Veterinarians (2007). the information specified by law. The NASPHV has a recommended Rabies Certificate (Form 51) for use as the rabies vaccination certificate. 2. Control measures "Compendium of Animal Rabies In addition to vaccinations, the NASPHV recommends the following Prevention and Control, rocedures to enhance rabies control: 2008,"National Association of p State Public Health Veterinarians (April 18, 2008). • Identification of dogs, cats, and ferrets (e.g., metal or plastic tags or microchips) to allow for verification of rabies vaccination status. ANIMAL REGULATION IN CITIES 15 H. Rabies "Rabies," American veterinary Rabies is a deadly disease caused by a virus that attacks the nervous system. Medical Association (March Rabies is most commonly spread to people and animals when they are bitten 2010). by an infected animal. Because rabies can be fatal to animals and humans, it is important to minimize the change of spreading this disease. One way to do this is to require pets to be vaccinated. "Compendium of Animal Rabies The National Association of State Public Health Veterinarians (NASPHV) Prevention and Control, 2008,"National Association of ff ti recommends that local governments initiate and maintain effective programs g p grams State Public Health Veterinarians to ensure vaccinations of all dogs, cats, and ferrets. (April 18,2008); Minn. R. 1705.1145. 1. Vaccination Minn. R. 1705.1146 Animal rabies vaccines may only be administered by or under the supervision of a veterinarian. Minnesota law requires that the veterinarian Rabies Vaccination Certificate responsible for the administration of the rabies vaccine sign a rabies (Form 51) National Association vaccination certificate for each pet vaccinated. The certificate must include of State Public Health Veterinarians (2007). the information specified by law. The NASPHV has a recommended Rabies Certificate (Form 51) for use as the rabies vaccination certificate. 2. Control measures "Compendium of Animal Rabies In addition to vaccinations, the NASPHV recommends the following Prevention and Control, rocedures to enhance rabies control: 2008,"National Association of p State Public Health Veterinarians (April 18, 2008). • Identification of dogs, cats, and ferrets (e.g., metal or plastic tags or microchips) to allow for verification of rabies vaccination status. ANIMAL REGULATION IN CITIES 15 • Licensing or registering all dogs, cats, and ferrets. Evidence of current vaccination should be a requirement to obtain a license. • House-to-house checks by animal control officials to ensure compliance with vaccination and licensure requirements. • Citations issued to owners for violations, including the failure to vaccinate or license their animals. • Incorporate stray animal control, leash laws, and animal bite prevention, and train appropriate city personnel on these programs. • Incorporate education covering responsible pet ownership, bite prevention, and appropriate veterinary care into city programs. 3. Complaints and investigations Minn. R. 1705.1100; Minn. stat. Any person who knows or reasonably suspects any animal is infected with § 35.67 rabies must report it to the board of animal health immediately. If the state board of animal health, or city or county board of health, receives a written complaint of rabies within the board's jurisdiction, the board must investigate the truth of the complaint. A board of health may also make an investigation and determination without receiving a complaint. Minn. Stat. §§ 35.67-35.69; Local peace officers and boards of health must enforce these laws on rabies. Minn. R. 1705.1200 Peace officers and authorized agents of a board of health must file a Minn. Stat. § 145A.04 complaint concerning any known violation of the rabies laws. 4. Proclamations Minn. stat. § 35.68; Minn. Stat. § If rabies are found to exist, the entity doing the investigation must make a 35.69; Minn. R. 1705.1200. proclamation that prohibits the owner or custodian of any dog from allowing the dog to be at large within the city, either on the premises of the owner or elsewhere, unless the dog is effectively muzzled so that it cannot bite any other animal or person. The proclamation must be filed with the appropriate personnel at all political subdivisions subject to the proclamation. Minn. stat. § 35.68; Minn. R. If a proclamation is filed with the city, the city must at its own expense 1705.1200 publish a copy of it in one issue of a legal newspaper published in the city if one is published there. If no newspaper is published there, the clerk must post a copy of the proclamation in three public places. Proof of publication must be by affidavit of the publisher and proof of posting must be by the person doing the posting. The affidavit must be filed with the proclamation. The proclamation is effective five days after the publication or posting, and remains effective for a specified period of time, which should not exceed six months. Minn. stat. § 35.69 When a rabies proclamation is in effect, any person may kill a dog running at large on the public streets or roads unless the dog is effectively muzzled so that it cannot bite any person or animal. The owner of the dog has no Minn. stat. §§ 35.67-.69 claim against the person who kills the dog. 16 LEAGUE OF MINNESOTA CITIES 5. Disposition Minn. R. 1705.1130 Animals determined by the veterinarian to be bitten or otherwise exposed by a rabid animal must be humanely euthanized or quarantined for six months Minn. R. 1705.1175; Minn. R. unless certain conditions are met. The quarantine starts with the day of 1705.1180; Minn. R. 1705.1131. exposure. Quarantined pets must be vaccinated at the beginning of the quarantine. Minn. R. 1705.1131; Minn. R. Wild animals, domesticated wild animals, or hybrids for which there is no 1705.1151 licensed rabies vaccine must be euthanized or quarantined for life if exposed to a rabid animal. If such an animal bites a human, it must be euthanized and tested for rabies, unless the animal is exempt from testing by law. Minn. R. 1705.1151 If a pet animal bites a human, the pet must be confined and observed for signs suggestive of rabies for 10 days or euthanized and tested for rabies. If at any time during the 10 -day observation the animal dies, it must be tested for rabies. If the animal shows signs suggestive of rabies, it must be euthanized and tested for rabies. Minn. R. 1705.1151 Stray or unwanted pet animals may be euthanized after a five-day holding period and, if euthanized, must be tested for rabies. If, after consultation with a board or public health official, a veterinarian requests a rabies test in writing, a stray or unwanted animal must be euthanized and tested during the five-day period. Minn. R. 1705.1151 If a farm animal bites a human, it must be evaluated on an individual basis by a veterinarian. If it is acting normal, it may be confined for 14 days. If it exhibits unusual behavior, it must be euthanized and tested for rabies. VI. Regulation of dogs Dogs are regulated both at the state and local level. In addition to the general Section X, Animal health and laws and considerations discussed earlier in this memo, there are some safety lativs. special provisions for dogs. A. Barking dogs A barking dog ordinance must give guidance to the pet owners, neighbors, and enforcement officers as to what would be considered allowable or prohibited barking, whining, or other noisy conduct. One way to accomplish this is to include objective criteria, such as designating barking, howling, Cih, of Edina v. Dreher, 454 etc. for more than a pre -determined number of minutes to be a violation. It is rl.w.2d 621 (Minn. Ct. App. best to avoid vague language like prohibiting animals that disturb the peace 1990) and quiet of any persons in the vicinity because it can lead to inconsistent or arbitrary enforcement. ANIMAL REGULATION IN CITIES 17 B. Dogs at outdoor restaurants Minn. stat. § 157.175, subds. 1, A city may adopt an ordinance permitting restaurants to allow dogs to 2 accompany persons using the designated outdoor areas of a food and beverage service establishments, such as restaurants, cafes, etc. The ordinance must prohibit dangerous and potentially dangerous dogs from accompanying persons to these establishments. Minn. Stat. § 157.175, subd. 3 The ordinance cannot prohibit an establishment from banning dogs. If a person is accompanied by a dog at an establishment, and knows that the establishment has posted a sign banning dogs or is otherwise informed that dogs are not permitted, the person may be ordered to leave. Minn. stat. § 157.175, subd. 4(a) The ordinance must require participating establishments to apply for and receive a permit from the city before allowing dogs on the premises. The city must require the applicant to provide information that the city deems reasonably necessary. This information must include, at a minimum, the following: • The name, location, and mailing address of the establishment. • The name, mailing address, and telephone contact information of the permit applicant. • A description of the designated outdoor areas in which the permit applicant intends to allow dogs. • A description of the days of the week and hours of operation that patrons' dogs will be pennitted in the designated outdoor areas. Minn. Stat. § 157.175, subd. 7 The ordinance must also include a definition of "designated outdoor area" that is consistent with applicable rules adopted by the commissioner of Health. Minn. stat. § 157.175, subd. 4(b) The permit cannot be transferred to a new owner, and it expires automatically upon the sale of the establishment. The new owner is required to reapply for a pennit if he or she wishes to continue to allow dogs on the premises. Maul. stat. § 157.175, subd. 4(c) The city may incorporate these permit requirements into a permit or license issued under an existing ordinance if the city ensures that current and future pernit and license holders comply with the requirements of the law. A city may exempt current permit and license holders from reapplying for a permit, if the current permit or license holder provides all information that the city requests. Minn. stat. § 157.175, subd. 5 The ordinance must include regulations and limitations that the city deems reasonably necessary to protect the health, safety, and general welfare of the public. At a minimum, the ordinance must include the following requirements: • Employees must be prohibited from touching, petting, or otherwise handling dogs. 18 LEAGUE OF MINNESOTA CITIES • Employees and patrons must not allow dogs to come into contact with items involved in food service operations such as dishes, utensils, tableware, linens, paper products, or other items. • Patrons must keep their dogs on a leash at all times and must keep their dogs under reasonable control. • Dogs must not be allowed on chairs, tables, or other furnishings. • Dog waste must be cleaned immediately and the area sanitized. Minn. stat. § 157.175, subd. 5 The requirements listed above must be clearly printed on a sign or signs posted on premises in a manner and place that are conspicuous to employees and patrons. Minn. stat. § 157.175, subd. 6 Any ordinances related to animals in restaurants must not limit a disabled person access to places of public accommodation while accompanied by a Minn. stat. § 256C.02; Minn. service animal as provided by law. Further, the lawful use of a service Stat. § 363A.19 animal by a licensed police officer must not be limited. C. Dogs at large Section VD, Animals at -large. Cities may prohibit dogs running at large or otherwise uncontrolled. If the Minn. Stat. § 412.221; Minn. city does not prohibit dogs running at large, state law provides that the Stat. § 346.52 owner or custodian of a dog that is permitted to be uncontrolled off of the Minn. Stat. § 346.50 owner or custodian's premises must have the dog identified in one of the ways specified by law such as an ID tag, tattoo, microchip, etc. A violation of this state law is a petty misdemeanor. When an animal shelter receives a dog, an employee must check for identification on the animal, identify the owner by the identification whenever possible, and promptly notify the owner of the location of the animal by the most expedient means. While not required by law, the city should also check for these identifications if it receives a dog. D. Dogs as a nuisance Minn. Stat. §§ 347.04-.07 Any dog that habitually worries, chases, or bothers people traveling LMC infonnation memo, Public peaceably on the public road is a public nuisance. In addition to the Nuisances. remedies in city ordinances on dogs running at large, a person may make a written complaint to a district court judge regarding the dog. After the court procedures described by law, the judge will decide if it is a public nuisance. If the dog is found to be a nuisance, the judge will order the appropriate public official to kill and dispose of the dog. Costs must be paid by the complainant, but if the dog is adjudged a nuisance, and the owner is known, judgment will be entered against the owner. ANIMAL REGULATION IN CITIES 19 E. Dog parks Dog parks are designated places where dog owners can take their dogs to exercise and socialize with other dogs. These parks vary widely, depending on the needs and wants of the community. Dog parks are often, but not always, enclosed and allow dogs to be off of their leashes while in the park. Some cities charge a fee for a permit or license to use the park; the money collected is then spent on maintaining the park. If the city chooses to operate a dog park, the city can design the park to suit the available space and the needs of the community. Dog parks can have a wide variety of amenities, but here are a few things to consider: • Will barriers, either manmade or natural, be used to keep dogs inside of the park area? • What rules should there be for using the park? • Will trash containers and/or bags be provided to encourage owners to pick up animal waste? • Where will the dog park patrons park? • Will there be water for the dogs to drink? What about to play in (e.g., lake, stream, etc.)? • Will the larger and smaller dogs be separated? • What maintenance will have to be done? How often? Who will do it? • Will there be areas for people to sit (e.g., benches, shelters, etc) while at the park? 20 LEAGUE OF MINNESOTA CITIES F. Kennels Minn. Stat. § 347.31; Kennel A kennel must receive a license from the Board of Animal Health. State law information, Board of Animal defines a kennel as any place where dogs or cats are kept or confined, if the Health. dogs or cats were obtained from municipalities, pounds, auctions, or by Minn. R. 1720.1330-.1670 advertising for unwanted dogs or cats, or dogs or cats strayed, abandoned, or stolen. A kennel, as defined by state law, does not include a pound owned and operated by a city, a person's home where dogs and cats are kept as pets, or a licensed veterinarian who keeps, congregates, or confines dogs or cats in the normal pursuit of the practice of veterinary medicine. In addition to state laws, the city may also regulate kennels by ordinance. Sometimes, cities will expand the definition of kennel to include places where more than a certain number of dogs are kept, regardless of where the dogs came from. This type of ordinance would include homes with many dogs, boarding facilities, etc. Claesgens r. Animal Rescue Unless the city can show that the kennel or pound would be a nuisance League of Hennepin County, Minn., 216 N.W. 535 (Minn. everywhere within the city, the city should not adopt an ordinance 1927). prohibiting all kennels or pounds. 20 LEAGUE OF MINNESOTA CITIES A.G. Op. 477137 (Oct. 15 1945). The city should set the license fee in an amount that covers its costs. The attorney general has advised that in order to avoid a kennel fee from being considered a revenue -raising fee, the ordinance should be based on the costs incurred to provide for policing, regulating, and inspecting. G. Dangerous dogs Minn. Stat. § 347.5 1, subd. 8; Cities have a legitimate interest in regulating and controlling dangerous Minn. Stat. § 347.53; Brunotre i' dogs because the issue relates to the safety of cit residents. The process for City of St. Paul Office Safety & g y y Inspections, No. A08-0173 dealing with dangerous dogs is largely spelled out in state law. Cities do not (Minn. Ct. App. Feb. 10, 2009) need to have an ordinance in place in order to follow the process in state (unpublished decisionHamman law. However, there is some room or cities o add more strict regulation v. City of Minneapolis, 623 � ftt � N.W.2d 281 (Minn. Ct. App. through city ordinance, such as applying the same provisions to animals 2001); American Dog Owners other than just dogs. Assn, Inc. r. City of Minneapolis, 453 N.W.2d 69 (Minn. Ct. App. 1990). Minn. Stat. § 347.53 State laws do not regulate potentially dangerous dogs to the same degree as dangerous dogs. The city may adopt an ordinance that covers requirements and procedures related to potentially dangerous dogs in addition to dangerous dogs. Oftentimes, these requirements are similar to those required for dangerous dogs. Minn. stat. § 347.5 1, subd. 8 The city cannot adopt an ordinance regulating potentially dangerous or dangerous dogs based solely on the specific breed of the dog. If the city does have such an ordinance, it is considered void. 1. Definitions Minn. Stat. § 347.50, subd. 2 A dangerous dog is defined as any dog that: • Without provocation, inflicted substantial bodily harm on a human being on public or private property. (Substantial bodily harm means Minn. Stat. § 347.50, subd.6 bodily injury that involves a temporary but substantial disfigurement, or Minn. Stat. § 609.02, subd. 7a that causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or that causes a fracture of any bodily member.) a Has killed a domestic animal without provocation while off the owner's property. • Has been found to be potentially dangerous and, after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Minn. Stat. § 347.50, subd. 3 A potentially dangerous dog is defined as any dog that: • When unprovoked, inflicts bites on a human or domestic animal on public or private property. • When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack. ANIMAL REGULATION IN CITIES 21 • Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Minn. stat. § 347.50, subd. 8 Provocation means an act that an adult could reasonably expect may cause a dog to attack or bite. 2. Exceptions Minn. Stat. § 347.5 1, subd. 5 A dog may not be declared dangerous if the threat, injury, or damage was sustained by a person who: • Was committing at the time a willful trespass or other tort upon the premises occupied by the owner of the dog; • Was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly in the past provoked, tormented, abused, or assaulted the dog. • Was committing or attempting to commit a crime. Minn. Stat. § 347.5 1, subd 4 The potentially dangerous and dangerous dog laws do not apply to dogs used by law enforcement officials for police work. 3. Enforcing dangerous dog laws Minn. Stat. § 347.565 The dangerous dog laws must be enforced by the animal control authority or law enforcement agency whether or not there is a local ordinance on the Minn. Stat. § 347.50, subd. 7 subject. An "animal control authority" is defined as an agency of the state, county, municipality, or other governmental subdivision of the state, which is responsible for animal control operations in its jurisdiction. The law is not clear on the city's role in enforcing the dangerous and potentially dangerous dog provisions when it does not have an animal control operation or law enforcement agency. However, it seems that if the city already regulates animals it would likely also have some level of responsibility for enforcing the dangerous and potentially dangerous laws. Minn. stat. § 347.5 1, subd. 9 An animal control authority may contract with another political subdivision or other person to provide the services required by the dangerous dog laws. Regardless of any contract entered into, all fees collected under these laws must be paid to the animal control authority. Further, all certificates of registration must be issued in the name of the animal control authority. 22 LEAGUE OF MINNESOTA CITIES a. Liability for not enforcing laws Hansen v. city of St. Paul, 214 The city should take care to follow up on complaints and enforce the N.w.2d 346 (Minn. 1974) dangerous dog laws. In one opinion, the Minnesota Supreme Court held that the city was liable for permitting vicious dogs to roam on city sidewalks after it received many complaints concerning the same dogs being involved in attacks on city sidewalks. The court held that the city breached its duty to maintain safe streets and sidewalks by not impounding these dogs. Further, the court there was not a failure to exercise a discretionary function so the city was not immune from liability. It is important to note that the city must have actual or constructive notice of the condition. 4. Hearing to contest designation Minn. Stat. § 347.541, subds. 1, The owner of any dog that is declared to be dangerous has the right to a 2 hearing by an impartial hearing officer to contest the designation. If the dog has been seized, the person claiming an interest in the dog may prevent Brunotte v. City ofSt. Pant once disposition of the dog by posting security in an amount sufficient to provide Sgfetj& Inspections, No. A08- 0173 (Minn. Ct. App. Feb. 10, for the dog's actual cost of care and keeping. This must be posted within 2009) (unpublished decision). seven days of the seizure, counting the day of the seizure. Minn. Stat. § 347.5 1, subd. 3 The authority declaring the dog to be dangerous must give notice of the right to a hearing by delivering or mailing it to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include all of the following: • A description of the seized dog; the authority for and purpose of the dangerous dog declaration and seizure; the time, place, and circumstances under which the dog was declared dangerous; and the telephone number and contact person where the dog is kept. • A statement that the owner of the dog may request a hearing concerning the dangerous dog declaration and, if applicable, prior potentially dangerous dog declarations for the dog, and that failure to request a hearing within 14 days of the date of the notice will terminate the owner's right to a hearing under this section. • A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of section enclosures and use of muzzle and restraint and notification if the dog is moved or dies until such time as the hearing officer issues an opinion. Minn. stat. § 347.51; Minn. stat. • A statement that if the hearing officer affirms the dangerous dog § 347.515; Minn. Stat. §347.52. declaration, the owner will have 14 days from receipt of that decision to comply with all other registration requirements, microchipping, and other requirements. • A form to request a hearing under this subdivision. ANIMAL REGULATION IN CITIES 23 Minn. stat. § 347.51, subds.1, 2 A person cannot own a dangerous dog unless the dog is registered in accordance with the law, which is done by the owner of the dog obtaining a Minn. Stat. § 347.50, subd. 5 certificate of registration from the animal control authority. (An owner is any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog.) Minn. stat. § 347.51, subd. 2 The animal control authority must issue a certificate of registration to the owner if the owner presents sufficient evidence that all of the following conditions are met: • A proper enclosure exists for the dangerous dog and a posting on the premises with a clearly visible warning sign that there is a dangerous Minn. Stat. § 347.50, subd. 4 dog on the property, including a warning symbol to inform children. (A proper enclosure means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog 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 obstacles that prevent the dog from exiting.) 24 LEAGUE OF MINNESOTA CITIES • A statement that all actual costs of the care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. Minn. Stat. § 347.541 If requested, the hearing must be held within 14 days of the request. The hearing officer must be an impartial employee of the local government or an impartial person retained by the local government to conduct the hearing. In the event that the dangerous dog declaration is upheld by the hearing officer, the dog's owner will be responsible for the actual expenses of the hearing up to a maximum of $1,000. The hearing officer must issue a decision on the matter within 10 days after the hearing. The decision must be delivered to the dog's owner by hand delivery or registered snail as soon as practical, and a copy must be provided to the animal control authority. Bnmotte r. Cary of St. Pau! Once The decision to declare a dog to be dangerous must not be arbitrary and No.. 10 Safety & (Minn.InsCt. 0173 nn. Ct. App. Feb. 10, capricious. The decision is arbitrary and capricious only if 1 It relies on p �' p y ) 2009) (Unpublished decision); factors not intended by the ordinance; 2) it entirely fails to consider an Minnegasco v. Minn. Pub. uti/s. important aspect of the issue; 3) it offers an explanation that conflicts with Comm'(Minn.,I, 529 N.w.2d d on 418 other (Minn.App.1995), rev'd on other the evidence; or 4) it is so implausible that it could not be explained as a � grounds, 549 N.W .2d 904 difference in view or the result of the city's expertise. (Minn.1996). 5. Registration of dangerous dogs Minn. stat. § 347.51, subds.1, 2 A person cannot own a dangerous dog unless the dog is registered in accordance with the law, which is done by the owner of the dog obtaining a Minn. Stat. § 347.50, subd. 5 certificate of registration from the animal control authority. (An owner is any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog.) Minn. stat. § 347.51, subd. 2 The animal control authority must issue a certificate of registration to the owner if the owner presents sufficient evidence that all of the following conditions are met: • A proper enclosure exists for the dangerous dog and a posting on the premises with a clearly visible warning sign that there is a dangerous Minn. Stat. § 347.50, subd. 4 dog on the property, including a warning symbol to inform children. (A proper enclosure means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog 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 obstacles that prevent the dog from exiting.) 24 LEAGUE OF MINNESOTA CITIES A surety bond has been issued by a surety company authorized to conduct business in Minnesota in a form acceptable to the animal control authority in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance has been issued by an insurance company authorized to conduct business in Minnesota in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog. • The owner has paid an annual fee of not more than $500, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section. Minn. Stat. § 347.515 . The owner has had microchip identification implanted in the dangerous dog. Minn. R. 7417.0400 6. Uniform warning symbol The commissioner of public safety has designed a uniforin warning symbol that is intended to inform people that there is a dangerous dog on the property. The symbol looks like this: Minn. Stat. § 347.51, subd. 2a If the animal control authority issues a certificate of registration, it must also Department of Public safety provide a copy of the uniform warning symbol This symbol must be posted Application for dangerous dog on the owner's property. The commissioner must provide the requested warning symbols. number of copies of the warning symbol to the animal control authority and must also charge the animal control authority the actual cost of the warning symbols. In turn, the aminal control authority may charge the owner of the dangerous dog a reasonable fee to cover its administrative costs and the costs of the warning symbol. Minn. stat. § 347.51, subd. 7; In addition, a registered dangerous dog must have a standardized, easily Mina R. 8417.0200; Minn. R. 8417.0300. identifiable to that identifies the do as dangerous. State rules provide the g g g Depar anent of Public safety specific standards that must be followed. One requirement is that the tag Application for dangerous dog must include the uniform dangerous dog symbol. warning tags Minn. star. § 347.51, subd. 7 This tag must be attached to the dog's collar at all times. The tag must have Minn. R. 7417.0200. the dangerous dog's registration number inscribed on the back of the tag. The tag must also have the following inscribed or attached to the back: Minn. R. 7417.0200 "Minnesota Statutes, section 347.5 1, requires that this authorized warning symbol be posted on a dangerous dog tag and affixed to the dog's collar at all times. Minnesota Department of Public Safety" ANIMAL REGULATION IN CITIES 25 Minn. Stat. § 347.52(b) An owner of a dangerous dog must renew the registration of the dog Section VIGl1, Transferor annually until the dog is moved or deceased. If the dog moves to a new death ofan„gerous dog. jurisdiction, the dog must be registered as a dangerous dog in its new jurisdiction. 7. Microchip identification Maui. Stat. § 347.515 The owner of a potentially dangerous or dangerous dog must have a microchip implanted in the dog for identification. The naive of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the owner does not have the microchip implanted in the dog, the animal control authority may have the microchip implanted. In either case, all costs related to the purchase and implantation of the microchip are the owner's responsibility. 8. Additional dangerous dog requirements In addition to the registration requirements, there are other requirements that must be met in order to own a dangerous dog. Minn. Stat. § 347.52(a) If a dangerous dog is outside of a proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a way that will prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or breathing. Minn. stat. § 347.52(d) A dangerous dog must be sterilized at the owner's expense. If the owner does not have the dog sterilized within 30 days, the aminal control authority must seize the dog and have it sterilized at the owner's expense. Minn. stat. § 347.52(e) If a person who owns a dangerous dog rents property from another person where the dog will reside, the dog owner must disclose to the property owner that he or she owns a dangerous dog that will live at the property. This disclosure must be made prior to entering a lease agreement and at the time of any lease renewal. 9. Fees Minn. stat. § 347.51, subd. 3 An animal control authority may charge the owner an annual fee of not more than $500 to obtain a certificate of registration for a dangerous dog. This fee may be in addition to any regular dog licensing fee. 26 LEAGUE OF MINNESOTA CITIES 10. Review of dangerous dog designation Minn. Stat. § 347.5 1, subd. 3a Beginning six months after a dog is declared dangerous, an owner may make a yearly request that the aminal control authority review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the animal control authority finds sufficient evidence that the dog's behavior has changed, it may rescind the dangerous dog designation. 11. Transfer or death of dangerous dog Minn. stat. § 347.52(c), (0 If the dangerous dog is moved to a new home, the owner must notify the animal control authority in writing of the transfer of the dog to a new location within 30 days of the move. If the animal control authority requests it, the owner must execute an affidavit under oath that sets forth the complete name, address, and telephone number of the person to whom the dog has been transferred or the address of the dog's new home. Minn. Stat. § 347.52(f) A person who transfers ownership of a dangerous dog must notify the new owner that the animal control authority has identified the dog as dangerous. Minn. Stat. § 347.52(c) When a dangerous dog dies, the owner must notify the animal control authority in writing within 30 days. If the aminal control authority requests it, the owner must execute an affidavit under oath setting forth the circumstances of the dog's death and the disposition of the animal. 12. Restrictions on ownership Minn. stat. § 347.542, subd. 1 In the circumstances outlined by law, a person is prohibited from owning any dog if the person has been convicted of certain crimes. In addition, if any member of a household is prohibited from owning a dog, no person in the household is permitted to own a dog. The animal control authority may snake an exception to this rule by approval with or without restrictions. Minn. Stat. § 347.542, subd. 3 The ban on ownership may be reviewed starting three years after the conviction that prohibits a person from owning a dog, and annually thereafter, at the request of the person. The law outlines the process for review, including factors that may be considered. The aminal control authority may rescind the prohibition on ownership completely, rescind it with limitations, or leave the prohibition in place. The animal control authority may also establish conditions a person must meet before the prohibition is rescinded. If the animal control authority rescinds a person's prohibition and that person later fails to comply with any limitations imposed by the authority, or if the person is convicted of any animal violation involving unprovoked bites or dog attacks, the aminal control authority may permanently prohibit the person from owning a dog in this state. ANIMAL REGULATION IN CITIES 27 13. Confiscating dangerous dogs Minn. Stat. § 347.54, subd. I(a) The animal control authority that has jurisdiction over a dangerous dog must 14. Destruction of dangerous dogs Minn. stat. § 347.56, subd. 2 The animal control authority may not destroy the dog until the dog owner has had the opportunity for a hearing before an impartial decision maker. Minn. stat. § 347.56, subd. i Notwithstanding other sections of the dangerous dog laws, a dog may be destroyed in a proper and humane manner by the animal control authority if the dog: 28 LEAGUE OF MINNESOTA CITIES immediately seize the dog if: Minn. stat. § 347.51 . The dog is not validly registered under the law 14 days after the owner has notice that the dog is dangerous. Minn. Stat. § 347.51, subd. 2 . The owner does not secure the proper liability insurance or surety coverage as required under the law 14 days after the owner has notice that the dog is dangerous. • The dog is not maintained in the proper enclosure. Minn. Stat. § 347.52 . The dog is outside the proper enclosure and not under physical restraint of a responsible person as required under the law. Minn. stat. § 347.52(d) . The dog is not sterilized within 30 days. Minn. stat. § 347.54,. subd. 1(b) If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog. Minn. Stat. § 347.54, subd. 2 A dangerous dog that is confiscated may be reclaimed by the dog's owner after the owner pays the impounding and board fees and presents proof to Minn. Stat. § 347.51; Minn. stat. the animal control authority that the legal requirements for owning a § 347.52. dangerous dog will be met. Minn. Stat. § 347.54, subd. 2 If a dog is not reclaimed within seven days, it may be disposed of in the Minn. Stat. § 3 subd. 3; Section VB Disposition of same mariner as unclaimed or unredeemed animals. The owner is liable to animals. the animal control authority for costs incurred in confining and disposing of the dog. Minn. Stat. § 347.54, subd. 3. If a person has been convicted for violating a certain provisions of the Minn. stat. § 347.51; Minn. stat. dangerous dog laws, and the person is charged with a subsequent violation § 347.515; Minn. stat. §347.52 relating to the same dog, the dog must be seized by the animal control authority having jurisdiction. If the owner is convicted of the crime for which the dog was seized, the court must order that the dog be destroyed in a proper and humane manner, and that the owner pay the cost of confining and destroying the aminal. If the owner is not convicted and the dog is not Section IVB, Disposition of reclaimed by the owner within seven days after the owner has been notified animals. that the dog may be reclaimed, the dog may be disposed of in the same manner as an unclaimed or unredeemed animal. 14. Destruction of dangerous dogs Minn. stat. § 347.56, subd. 2 The animal control authority may not destroy the dog until the dog owner has had the opportunity for a hearing before an impartial decision maker. Minn. stat. § 347.56, subd. i Notwithstanding other sections of the dangerous dog laws, a dog may be destroyed in a proper and humane manner by the animal control authority if the dog: 28 LEAGUE OF MINNESOTA CITIES • Inflicted substantial or great bodily harm on a human on public or private property without provocation. (Substantial bodily harm means Minn. Stat. § 347.50, subd.6 bodily injury which involves a temporary but substantial disfigurement, Minn. Stat. § 609.02, subd. 7a. or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Great bodily harm means bodily injury that creates a high probability of death, or that causes serious permanent Minn. Stat. § 347.50, subd. 6 a disfigurement, or that causes a permanent or protracted loss or Minn. Stat. § 609.02, subd. 8 impairment of the function of any bodily member or organ or other serious bodily harm.) • Inflicted multiple bites on a human on public or private property without provocation. • Bit multiple human victims on public or private property in the same attack without provocation. • Bit a human on public or private property without provocation in an attack where more than one dog participated in the attack. Minn. Stat. § 347.50, subd. 8 Provocation means an act that an adult could reasonably expect may cause a dog to attack or bite. 15. Penalties Minn. Stat. § 347.55 A violation of the dangerous dog laws may be a misdemeanor or gross misdemeanor, depending on the situation. VII. Regulation of cats In addition to the general requirements already discussed earlier in this Section v, Animal Regulation — memo, cities may impose additional requirements on care of cats by general Information. ordinance. "Feral Cats: Frequently Asked Often the most problematic cats in the city are feral cats. Feral cats are those Questions," Humane Society of cats that were born from lost or abandoned pet cats or other feral cats. These the United States (April 27, 2010). cats were never pets and do not have owners. (In comparison, stray cats are those pet cats that have wandered off or gotten loose.) Feral cats are not tame like pet cats and can be difficult to handle. Feral cats can threaten the health, safety, and general welfare of the city. Some of the more common concerns include: • Noise from fighting or mating cats. • Foul odors from cats marking their territory. • Flea infestations. • Multiplying numbers of feral cats. ANIMAL REGULATION IN CITIES 29 • Visible suffering and death of kittens and cats. Cities may take action to deal with feral cats. A. Feral cat trapping programs "Feral Cats: Frequently Asked If cities choose to take action on the feral cat issue, it is often done by Questions," Humane Society of the United states (April 27, adopting a program. A "Tra -Neuter-Retun" program is recommended by 2010). the Humane Society of the United States (HSUS). At a minimum, this program includes trapping, neutering, or spaying cats; giving rabies vaccinations; and surgically ear -tipping the cat. (Ear -tipping is the universally recognized sign of a cat that has gone through this sort of program.) The positive results from this sort of program include: • A reduction in the amount of mating -related fighting and other related noises. • Neutered or spayed feral cats roam much less and are less visible, and are therefore less prone to injury from cars. • A reduction in foul odors (neutered hale cats are no longer able to produce the stinky spray used to mark territory). • Reduced reproduction activity leads to fewer feral cats being born, resulting in a lower population over time. Some cities will have city employees trap cats. Other cities will enlist the assistance of the residents in trapping the cats. Cities may provide the traps for residents to pick up. Other cities will accept feral cats that were trapped by residents and brought to designated spots, such as the animal control authority. B. Feeding bans °°Feral Cats: Frequently Asked Sometimes cities will impose "feeding bans" that prohibit residents from Questions," Humane Society of the United States (April 27, feeding feral cats with the idea that if the cats are not fed, they will go away. 2010). While this seems like it would work, this is not often the case. One reason relates to enforcement. Feeding of feral cats is not easily observed behavior so it is not easy to enforce a ban. Further, some people do not like to see animals suffering and will feed the cats despite the ban. Even if people are not intentionally feeding them, feral cats can still find food from other sources like dumpsters and garbage cans. "Feral Cats: Frequently Asked Feral cats can often survive for weeks without food and, since they are Questions," Humane Society of the United States (April 27, territorial animals, they will not quickly or easily leave their territory to look 2010). for food. Instead, they tend to move closer to human activities to seek food. Malnutrition snakes them more likely to succumb to parasites, like fleas, that can spread into houses, garages, businesses, etc. Finally, malnourished cats are likely to continue to reproduce, resulting in malnourished kittens, causing this cycle to continue. 30 LEAGUE OF MINNESOTA CITIES C. Disposition . Section IVB Disposition of Some cities will choose to dispose of feral cats that have been captured by animals. the city or turned in to the city instead of spaying and returning them. If the city chooses this method, it should dispose of the cat in a humane manner. VIII.Regulation of other animals While dogs and cats are perhaps the most commonly regulated animals in cities, there are many other types of animals that the city may want to consider regulating. This section talks about some other groups of animals the city may regulate. ANIMAL REGULATION IN CITIES 31 A. Other pet animals Other common pet animals that the city may consider regulating include birds, fish, rodents, reptiles, and amphibians. Generally, cities do not regulate these types of pets. However, cities may consider regulating some animals based on the health, safety, and welfare of the community. If this is desirable, it is very important to work with the city attorney. Turtles - 21 CFR § 1240.62; State and federal law prohibit ownership of certain animals as pets based on "CPG Sec. 170.100Turtles -Ban on Interstate and Intrastate Sales health and safe related to tharticular animals. Small turtles, safety concerns rethose p and Distribution," FDA (Sept. skunks, and exotic animals are a few examples of animals that generally 16,2009); Minn. stat. § cannot be owned as pets. 145.365; Minn. Stat. § 346.155; Section VIIE, Exotic or regulated animals. B. Police dogs and service animals Police dogs and service animals bear special consideration when the city is drafting ordinances. State law regularly exempts these two special categories of animals from regulations based on the work they do. Cities should also exclude these animals from ordinance regulations where appropriate. 1. Police dogs State laws often explicitly exempt police dogs from the requirements. For Minn. stat. § 347.51, subd. s example, state statutes regulating dangerous dogs do not apply to dogs used by law enforcement for police work. It makes sense for cities to also consider when it might be appropriate to exempt police dogs from city ordinances, such as ordinances regulating dangerous animals. Exempting police dogs from certain requirements reflect the unique nature and uses of police dogs. ANIMAL REGULATION IN CITIES 31 2. Service animals Minn. Stat. § 343.21 Under state law, a person must not intentionally and without justification do either of the following to a service animal while it is providing service or while it is in the custody of the person it serves: • Cause bodily harm to the service animal. • Otherwise render the animal unable to perform its duties. Minn. Stat. § 343.21, subd. 9 The penalties for violating this law vary, depending on the nature and severity of the situation. A violation may result in imprisonment or a fine. The court must also order the person violating the law to pay restitution for the cost and expenses resulting from the incident. Minn. Stat. § 343.21, subd. 10 Upon conviction, the court must require that if the pet or companion animal was not seized by a peace officer or agent and is in the custody or control of the person, the pet or companion animal must be turned over to a peace officer or other appropriate person unless the court determines that the person is able and fit to provide adequately for the animal. The court may limit the person's further possession or custody of a pet or companion animal and may impose conditions on possession or custody. C. Farm animals Farm animals generally include animals that typically live on farms, such as cattle, sheep, goats, pigs, horses. A city can define "farm animals" in its ordinance to include whatever animals it wishes. Section IVA Minnesota Pet and In addition to the Animal Welfare Act requirements, cities take different Companion Animal Welfare Act. approaches in how they regulate farm animals in their communities. Some cities will only allow farm animals in certain zoning districts, such as land zoned for agricultural uses. Other cities take a different approach and allow some farm animals anywhere in the city as long as the requirements in the ordinances are met, such as having a lot over a specified size. It is important to be clear what animals the ordinance covers and to provide clear definitions. 1. Farm animals at large Minn. Stat. § 346.16; Minn. stat. If any person herds cattle, horses, asses, mules, sheep, swine, or goats on § 61.09 land over the protest of the land owner, the animals are considered to be running at large. Court opinions have determined that for the purposes of "at Stewart r. Frisch, 381 N.W.2d 1 large," this means that the animals are not restrained or confined. Any 32 LEAGUE OF MINNESOTA CITIES A service animal is an animal that has been trained to assist a person with a Minn. Stat. § 343.20, subd. 7 disability. A city cannot prohibit a person who is blind or deaf or has a different physical or sensory disability from taking a service animal into a Minn. Stat. § 363A.19 and .09; public place or conveyance. The animal must be properly harnessed or Minn. stat. § 256C.02. leashed so that the person can maintain control of the animal. A blind, "ADA Guide for Small Towns," physically disabled, or deaf person cannot be required to pay an additional Department of Justice. charge when taking a service animal into a public place. Minn. Stat. § 343.21 Under state law, a person must not intentionally and without justification do either of the following to a service animal while it is providing service or while it is in the custody of the person it serves: • Cause bodily harm to the service animal. • Otherwise render the animal unable to perform its duties. Minn. Stat. § 343.21, subd. 9 The penalties for violating this law vary, depending on the nature and severity of the situation. A violation may result in imprisonment or a fine. The court must also order the person violating the law to pay restitution for the cost and expenses resulting from the incident. Minn. Stat. § 343.21, subd. 10 Upon conviction, the court must require that if the pet or companion animal was not seized by a peace officer or agent and is in the custody or control of the person, the pet or companion animal must be turned over to a peace officer or other appropriate person unless the court determines that the person is able and fit to provide adequately for the animal. The court may limit the person's further possession or custody of a pet or companion animal and may impose conditions on possession or custody. C. Farm animals Farm animals generally include animals that typically live on farms, such as cattle, sheep, goats, pigs, horses. A city can define "farm animals" in its ordinance to include whatever animals it wishes. Section IVA Minnesota Pet and In addition to the Animal Welfare Act requirements, cities take different Companion Animal Welfare Act. approaches in how they regulate farm animals in their communities. Some cities will only allow farm animals in certain zoning districts, such as land zoned for agricultural uses. Other cities take a different approach and allow some farm animals anywhere in the city as long as the requirements in the ordinances are met, such as having a lot over a specified size. It is important to be clear what animals the ordinance covers and to provide clear definitions. 1. Farm animals at large Minn. Stat. § 346.16; Minn. stat. If any person herds cattle, horses, asses, mules, sheep, swine, or goats on § 61.09 land over the protest of the land owner, the animals are considered to be running at large. Court opinions have determined that for the purposes of "at Stewart r. Frisch, 381 N.W.2d 1 large," this means that the animals are not restrained or confined. Any 32 LEAGUE OF MINNESOTA CITIES (Minn. Ct. App. 1986) person who knowingly allows animals to run at large is liable for damage caused. 2. Chickens Like other animals, cities take different approaches for regulating chickens. Some cities include chickens in the same regulations that apply to other farm animals or livestock. Other cities have ordinances that allow chickens in the city under certain circumstances. However the city decides to regulate chickens, it is important to be clear about the regulations. State v. Nelson, 499 N.W.2d 512, A Minnesota court has found that, unless specifically included in the 514 (Minn. Ct. App. 1993) defmition, chickens and roosters do not fall under the regulation of ordinances that reference livestock. If the city would like to include chickens in this category, it may do so by defining the term to include chickens, poultry, fowl, or other similar descriptions. The bottom line here is that if the city wants to regulate chickens, it should make sure that chickens are covered by the ordinance. "Urban chickens," also called "city chickens," are becoming a more common issue in cities across the state and country. The urban chicken "movement' is often linked to the increased desire for people to be closer to their food sources. Urban chickens allow people to raise chickens at their homes to have access to fresh eggs on a regular basis. This is the small-scale keeping of chickens and is much different than a business that raises hens for eggs and meat. Those sorts of businesses are regulated differently than residents who want to keep a few chickens in their backyards. "Health risks associated with There are no state laws that address urban chickens or keeping of chickens raising chickens," centers for in cities so it is a to the city council to decide if it wants to regulate the Disease Control and Prevention. � 11 tY � keeping of chickens. The city may choose to allow, allow if a permit is obtained from the city, or prohibit urban chickens. The city can do this in a Contact the LMC Research dept. number of ways, including regulation under the general animal or farm for sample ordinances. animal ordinance or by passing an ordinance specific to keeping chickens. If the city does choose to regulate the keeping of urban chickens, some common requirements are: • Allowing only hens (no roosters). • Limiting the number of hens allowed. • Maintaining coops or runs in a sanitary and humane condition. • Keeping chickens contained or under control at all times. • Locating coops a certain distance from property lines and other structures like houses. ANIMAL REGULATION IN CITIES 33 3. Farm animals as pets It is not uncommon for a resident to want to keep a farm animal, such as a miniature horse or potbelly pig, as a pet. Again, cities approach this issue in different ways. Some city ordinances would not allow for these animals as pets because the ordinance includes them as farm animals and prohibits them in residentially zoned areas. Other cities may allow for these types of animals by specific ordinance provisions, sometimes requiring a permit from the city. Given that these animals have been gaining in popularity, it is a good idea for the city to consider the issue and have an ordinance in place. D. Insects and bugs Insects and bugs are a part of life in Minnesota. While cities cannot really regulate where insects and bugs choose to live, there are some things a city can do, such as regulating beekeeping or abating mosquitoes. 1. Beekeeping "Apiary Prograin Information," Since 2006, beekeeping is no longer regulated by state law, except for Minnesota Deparhnent of apiary inspection services related to the transportation of bees to other Agriculture. p �' p p Minn. Stat. § 17.445 states. Cities may choose to regulate beekeeping in city limits. Some cities prohibit the practice while others allow it after obtaining a permit or allow it outright. 2. Mosquitoes Minn. Stat. § 18G.14 The abatement or suppression of mosquitoes is advisable and necessary for the maintenance and improvement of the health, welfare, and prosperity of the people. Areas where mosquitoes -incubate or hatch are considered public nuisances and may be abated under state law. Cities have the direct authority to participate in mosquito abatement efforts. The city establishes a mosquito abatement board to oversee the abatement efforts. The city may levy a tax or issue certificates of indebtedness to pay for the program. 3. Local pest control A city may establish and fund a program to control native or exotic pests that are likely to cause economic or environmental harm or harm to human health. The city may levy a tax or issue certificates of indebtedness to pay for the programs. This sort of program may be useful in dealing with tree pests such as the emerald ash borer. A. Exotic or regulated animals Minn. Stat. § 346.155, subd. 1(e) State law governs the owning and possessing of exotic animals, called "regulated animals" in the statutes. With very limited exceptions, a person may not own or possess a regulated animal. 34 LEAGUE OF MINNESOTA CITIES Regulated animals are defined as: • All members of the Felidae family including, but not limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats recognized as a domestic breed, registered as a domestic breed, and shown as a domestic breed by a national or international multibreed cat registry association. • Bears. • All nonhuman primates, including, but not limited to, lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins. Minn. Stat. § 346.155, subd. I(e) Further, the term "regulated animal" includes any hybrids or crosses between an animal listed above and a domestic animal and offspring from all later generations of the hybrids or crosses. If a person owned or possessed a regulated animal on Jan. 1, 2005, and meets all of the requirements of the law, the person was allowed keep that animal. There are also provisions governing replacement of an animal that is lawfully possessed. The law also outlines a process that a city is required to follow if it needs to seize or dispose of a regulated animal. Minn. stat. § 346.155, subd. 7 The laws on regulated animals do not apply to certain institutions enumerated by law, such as certain wildlife sanctuaries, zoos, licensed game farms, fairs, and others. IX. Hunting and fishing Minn. Stat. chs. 97A, 9713, 97C. Issues related to wild animals, including hunting and fishing, are regulated ANIMAL REGULATION IN CITIES 35 by state laws. This means that cities have a limited role in regulating wild Minn. stat. § 97A.201 animals as well as hunting and fishing. However, all peace officers are required by law to enforce the game and fish laws. County attorneys are also required to enforce these laws. Minn. stat. chs. 97A, 9713, 97C. Cities with large populations of wild animals, such as deer, are often faced "Hunting and Trapping with questions about hunting within city limits. Because state law regulates InfoMinn. Stat. §§ Minnesota DNR; Minn. Stat. » 624.711 - firearms in addition to hunting, the city is limited in what it can do to 624.717 regulate hunting within the city. Minn. Stat. § 471.633 While cities cannot regulate firearms or hunting, the city may regulate, by ordinance, the discharge of fireanns. (The city may also adopt an ordinance that includes regulations identical to state law.) By regulating the discharge of firearms, the city can have some control over hunting within its jurisdiction. Minn. Stat. § 97A.401, subd 4 Cities may also work with the Minnesota Department of Natural Resources to hold a special hunt for certain animals, such as deer, within the city. This is often done when there is an overabundance of a particular animal in the area. The city may charge an administrative fee in connection with special hunts under their jurisdiction. Fees to be collected must be based upon the estimated cost of conducting the special season or administering the special restrictions. ANIMAL REGULATION IN CITIES 35 Minn. stat. § 97A.137, subd. 4 Certain wildlife management areas that are in cities are exempt from local ordinances that limit the taking of game and fish or vegetation management. The size of the management area will determine if and what restrictions are in place. X. Animal health and safety laws A. Animal cruelty provisions Minn. stat. § 343.20 The state animal cruelty laws apply to all living creatures except people. Torture or cruelty is defined by state law as every act, omission, or neglect which causes or permits unnecessary or unjustifiable pain, suffering, or death. For purposes of these laws, an animal control officer is an officer employed by or under contract with an agency of the state, county, municipality, or other governmental subdivision of the state, which is responsible for animal control operations in its jurisdiction. Minn. stat. ch. 343. The state law provisions on animal cruelty cover a broad range of subjects and types of animals. This memo focuses on the more common areas applicable to cities, so if the city is dealing with a different type of animal or situation, a good place to start is to look at the state law chapter on animal cruelty. 1. General prohibitions Minn. Stat. § 343.21 Among other things prohibited by laws, a person must not: State v. Utech, No. A09-1766 • Overdrive, overload, torture, cruelly beat, neglect, or unjustifiably (Minn. Ct.np App. sept isi injure, maim mutilate or kill an animal or cruelly work an animal 2010)(unpublished decision) � > > > Y � Y Y when it is unfit for labor. • Abandon any animal. • Willfully instigate or in any way further any act of cruelty to any animal, or any act tending to produce cruelty to animals. Minn. stat. § 343.27 • Unjustifiably administer, or permit to be administered, any poisonous or noxious drug or substance to any animal, or unjustifiably expose that drug or substance with intent for the drug to be taken by any animal. 36 LEAGUE OF MINNESOTA CITIES 3. Animal cruelty transportation provisions Minn. Stat. § 343.24 An animal cannot be transported without suitable racks, cars, crates, or cages that allow the animal to both stand and lie down. An animal generally cannot be transported with its feet or legs tied together or in any other cruel or inhumane manner. 4. Doghouses Minn. Stat. § 343AO A person that is in charge or control of any dog that is kept outdoors must provide a shelter for the dog that meets the minimum standards prescribed by law for doghouses. A violation of these laws is a petty misdemeanor. The shelter must be a moisture -proof and windproof structure of suitable size to accommodate the dog and allow retention of body heat. It must be made of durable material with a solid, moisture -proof floor or a floor raised at least two inches from the ground. Between Nov. 1 and March 31 the structure must have a windbreak at the entrance. The structure must be provided with a sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat. If the dog lives on a farm, the dog may instead be provided with access to a barn with a sufficient quantity of loose hay or bedding to protect against cold and dampness. Shade from the direct rays of the sun must be provided during the months of May to October. All shelters are subject to all city building or zoning regulations. 5. Infectious or contagious diseases Minn. Stat. § 343.28 If an owner or person having charge of any animal knows the animal has, or has recently been exposed to, any infectious or contagious disease, the person must not sell or barter the animal, or knowingly permit the animal to run at large or come into contact with any other animal, or with another person without that person's knowledge and permission. ANIMAL REGULATION IN CITIES 37 2. Food and shelter Minn. Stat. § 343.29 Any peace officer, animal control officer, or other authorized person may remove, shelter, and care for any animal that is not properly sheltered from Section IIIA2, La,tf dly entering cold, hot, or inclement weather, or any animal not properly fed and watered. onto primate property. The authorized person may deliver the animal to another person to be sheltered and cared for. The owner, if known, must be immediately notified, and the city or entity having possession of the animal has a lien for its actual Minn. Stat. § 343.235, subd. 3 costs of care, keeping, and the expenses of the notice. If the owner or custodian is unknown and cannot be determined by reasonable effort, or Minn. Stat. § 343.235 does not, within 10 days after notice, redeem the animal by paying the Section XA7, Disposal oferuelly expenses, the animal may be disposed of. treated animals. 3. Animal cruelty transportation provisions Minn. Stat. § 343.24 An animal cannot be transported without suitable racks, cars, crates, or cages that allow the animal to both stand and lie down. An animal generally cannot be transported with its feet or legs tied together or in any other cruel or inhumane manner. 4. Doghouses Minn. Stat. § 343AO A person that is in charge or control of any dog that is kept outdoors must provide a shelter for the dog that meets the minimum standards prescribed by law for doghouses. A violation of these laws is a petty misdemeanor. The shelter must be a moisture -proof and windproof structure of suitable size to accommodate the dog and allow retention of body heat. It must be made of durable material with a solid, moisture -proof floor or a floor raised at least two inches from the ground. Between Nov. 1 and March 31 the structure must have a windbreak at the entrance. The structure must be provided with a sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat. If the dog lives on a farm, the dog may instead be provided with access to a barn with a sufficient quantity of loose hay or bedding to protect against cold and dampness. Shade from the direct rays of the sun must be provided during the months of May to October. All shelters are subject to all city building or zoning regulations. 5. Infectious or contagious diseases Minn. Stat. § 343.28 If an owner or person having charge of any animal knows the animal has, or has recently been exposed to, any infectious or contagious disease, the person must not sell or barter the animal, or knowingly permit the animal to run at large or come into contact with any other animal, or with another person without that person's knowledge and permission. ANIMAL REGULATION IN CITIES 37 6. Investigating cruelty complaints Minn. Stat. § 343.12 It is the duty of law enforcement to investigate any alleged violation of the animal cruelty laws. An officer must arrest any person found violating those laws, and must take possession of any animals that have been cruelly treated, and deliver them to the proper officers of the county or district for custody and care. Minn. stat. §§ 343.22-.235 State law provides a detailed process, including notice and hearing requirements, for investigating cruelty complaints. The general idea is that a person may make a complaint to a court. If appropriate, the court issues a search warrant and an order for an investigation to a peace officer in the county. The situation is then investigated. The expense of the investigation must be paid by the county. 7. Disposal of cruelly treated animals Minn. Stat. § 343.235 An animal taken into custody under certain animal cruelty provisions must Minn. stat. § 343.12; Minn. stat. be kept for 10 days after the animal is taken into custody. § 343.22; Minn. Stat. § 343.29; Minn. Stat. § 343.31. Minn. stat. § 343.235, subd. 3 The entity taking custody of the animal must give notice of the provisions of this law by delivering or mailing it to a person claiming an interest in the animal, by posting a copy of it at the place where the animal is taken into custody, or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include all of the following: • A description of the animal seized; the authority and purpose for the seizure; the time, place, and circumstances under which the animal was seized; and the location, address, telephone number, and contact person where the animal is kept. • A statement that a person claiming an interest in the aminal may post security to prevent disposition of the animal and may request a hearing concerning the seizure or impoundment and that failure to do so within 10 days of the date of the notice will result in disposition of the animal. • A statement that all actual costs of the care, keeping, and disposal of the animal are the responsibility of the person claiming an interest in the animal, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. The notice must also include a form that a person claiming an interest in the animal can use for requesting a hearing. Minn. Stat. § 343.235, subd. 2 A person claiming an interest in the animal may prevent disposition of the animal by posting security in an amount sufficient to provide for the animal's actual costs of care and keeping. The security must be posted within 10 days of the seizure inclusive of the date of the seizure. 38 LEAGUE OF MINNESOTA CITIES Minn. Stat. § 343.235, subd. 3. A person claiming an interest in the aminal may request a hearing to determine the validity of the seizure and impoundment. The request must be made within 10 days of the seizure, and the hearing must be held within five business days of the request. Minn. stat. § 343.235 If the seizure was done pursuant to a warrant, the hearing must be conducted Minn. Stat. § 343.22 by the judge who issued the warrant. If the seizure was done pursuant to Minn. Stat. § 343.12; Minn. stat other statutes, the city taking custody of the animal may either 1) authorize a § 343.29; Minn. stat.. § 343.31. licensed veterinarian with no financial interest in the matter or professional association with either party to conduct the hearing, or 2) use a hearing officer to conduct the hearing. If a person claiming an interest in the animal is aggrieved by a decision of a hearing officer under this subdivision, the person may seek a court order governing the seizure or impoundment within five days of notice of the order. Minn. Stat. § 343.235, subd. 3 The judge or hearing officer may authorize the return of the animal, if the judge or hearing officer finds both of the following to be true: • The animal is physically fit. • The person claiming an interest in the animal can and will provide the care required by law for the animal. Minn. Stat. § 343.235, subd. 3 The person claiming an interest in the animal is liable for all actual costs of care, keeping, and disposal of the animal, unless the court or hearing officer finds that the seizure or impoundment was not substantially justified by law. The costs must be paid in full or a mutually satisfactory arrangement for payment must be made between the municipality and the person claiming an interest in the animal before the animal is returned to the person. Minn. Stat. § 343.235, subd. I If the provisions of the law have been followed, and the city still has custody of the animal, the city may humanely dispose of the animal at its discretion. B. Animal fighting 7 USC § 2156; Minn. Stat. § Animal fighting is a type of cruelty specifically prohibited by both federal 343.31, subd. I and state law. Under state law, anyone who does any of the following is guilty of a felony: • Promotes, engages in, or is employed in the activity of cockfighting, dog fighting, or violent pitting of one pet or companion animal against another of the same or a different kind. • Receives money for the admission of a person to a place used, or about to be used, for that activity. • Willfully permits a person to enter or use for that activity premises of which the permitter is the owner, agent, or occupant. • Uses, trains, or possesses an animal for the purpose of participating in, engaging in, or promoting that activity. ANIMAL REGULATION IN CITIES 39 Minn. Stat. § 343.31, subds. 2, 3 There is a rebuttable presumption that a dog, bird, or other animal has been C. Board of Animal Health Minn. stat. § 35.03 trained or is being trained to fight if: Board of Animal Health, 625 • The animal exhibits fresh wounds, scarring, or other indications that the Robert Street North, St. Paul, MN 55155; 651-296-2942. animal has been or will be used for fighting. Minn. Stat. § 35.05. • The person possesses training apparatus, paraphernalia, or drugs known Minn. Stat. §§ 35.06-.0661 to be used to prepare animals for fighting. Minn. stat. § 343.31, subd. 1 Any person that purchases a ticket of admission or otherwise gains admission to an animal fighting activity is guilty of a gross misdemeanor. Minn. stat. § 343.31, subd. I The provisions regarding animal fighting do not apply to the taking of a wild animal by hunting. Minn. Stat. § 43.31 Fighting dogs and birds are considered dangerous weapons and constitute an Section 111A1, Due Process immediate danger to human safety. A peace officer or animal control rights. authority may remove, shelter, and care for an animal found in the circumstances where an animal has been trained or is being trained for fighting. If necessary, they may deliver the animal to another person to be sheltered and cared for. The peace officer or animal control authority must immediately notify the owner, if known. The person assuming care of the animal has a lien on it for the actual cost of care and keeping of the animal. If the owner or custodian is unknown and cannot be determined by reasonable effort, or does not, within 10 days after notice, redeem the animal by paying the expenses authorized by this subdivision, the animal may be disposed of. Minn. Stat. § 343.31, subd. 5 An animal taken into custody may be humanely disposed of at the discretion of the jurisdiction having custody of the animal 10 days after the animal is taken into custody, if the statutory process is followed and due process is provided. The owner or person claiming an interest in the animal is liable for all actual costs. C. Board of Animal Health Minn. stat. § 35.03 The state Board of Animal Health is set up to protect the health of domestic Board of Animal Health, 625 animals in the state. The board has many powers and duties spelled out by Robert Street North, St. Paul, MN 55155; 651-296-2942. law to carry out this mission. Minn. Stat. § 35.05. Minn. Stat. §§ 35.06-.0661 One of its responsibilities is to deal with animals with contagious, infectious, or dangerous diseases. A person who knows or reasonably suspects that a domestic animal has a contagious or infectious disease must immediately notify the board. The board, or any member or authorized agent of the board, may investigate the hatter. The board may establish and maintain, at the owner's expense, a quarantine of domestic animals imported into the state when, in its judgment, that is necessary to protect the health of Minnesota domestic animals. In some cases, the governor may declare an emergency to allow the board to establish quarantine zones of control to protect the health of domestic animals from animal diseases of potentially disastrous proportions. 40 LEAGUE OF MINNESOTA CITIES XI. Conclusion Cities have broad authority to regulate many types of animals in many types of situations. When coupled with applicable federal and state laws, cities can effectively regulate and control animals in the city to make it a safer, healthier, happier place to live. Contact the League Research The League has samples ordinances available on all of the topics discussed Department at 800-925-1122. in this memo. Please contact the research department to request sample ordinances. ANIMAL REGULATION IN CITIES 41 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session Meeting Date November 27, 2012 ITEM NUMBER Dog Park Lights STAFF INITIAL A APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Staff has received requests in the past to turn on the hockey rink lights to provide light in the dog park in fall (when the sun sets early but the rinks aren't yet staffed). We have told resi- dents that it is cost prohibitive to have staff come in after hours to turn them on and off. A resident recently asked me for a key to the warming house so she could turn the lights on for her personal use. She was willing to pay a damage/key deposit or whatever she needed to do to get the key. I told her I would need to check with the Council. The dog park has so many users it would be difficult to manage an unlimited number of folks with keys to the warming house. And I doubt neighbors would want the lights going off at all hours. If the Council was interested, I could use the dog park email distribution list to try to identify someone who would be willing to turn the lights on and off at night. We could then control who has keys and the time when the lights would be on. This is simply an idea. If the Council prefers to leave things as they are, that is great too. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Closed Session X Meeting Date November 27, 2012 ITEM NUMBER Performance Evaluation STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The Council last evaluated my job performance in January 2012. The employment agree- ment in place is through December 2012 with an automatic two-year extension unless the Council or I provide notice of the intent not to renew. I am at pay step 5 so I no longer re- ceive step increases. Increases at this point would be at Council discretion for merit or cost of living adjustments. I think the open discussion format worked best last year. I also have the feedback you provided through the Effective Management training survey to reflect on. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: Section 9. Other Terms and Conditions of Employment A. All provisions of City Ordinances, personnel policies, and regulations relating to vacation and sick leave; retirement and pension system contributions; holidays; and other fringe benefits and working conditions shall apply to Employee as they would to other employees of the City except as provided herein. B. Notwithstanding anything else in this Agreement to the contrary, the City Council may fix, from time to time, such terms of employment regarding the Employee, provided such terms are not inconsistent with or in conflict with the provisions of this agreement, any other law, or ethics requirements established by the International City/County Management Association. C. The employment provided by this Agreement shall be for the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employee and the City, the Employee may accept teaching, consulting, or other business opportunities with the understanding that such arrangements shall not constitute interference with or a conflict of interest with her responsibilities under this agreement or present a potential violation of the ICMA Code of Ethics. Section 10. Defense of Employee The City agrees to defend the Employee in any civil action arising out of the Employee's performance of her duties in accordance with the requirements of state law. Section 11. General Provisions A. This document constitutes the entire Agreement between the parties. This Agreement shall be interpreted under the Laws of Minnesota. B. If any provision or portion thereof contained in this Agreement shall be held unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS THEREOF, the parties have signed and executed this Agreement, both in duplicate, on the day and year first above written. The City of Lauderdale Employee Jeffrey E. Dains, Mayor Heather Butkowski-Hinrichs