Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08/09/2011
LAUDERDALE CITY COUNCIL MEETING AGENDA 7:30 P.M. TUESDAY, AUGUST 9, 2011 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 July 26, 2011, City Coi4ncil Meetingg c. Claims Totaling $80,969.34 -f 4. CONSENT a. PCIC Appointment b. Second Quarter Investment Report c. Sewer Televising Quote d. Agreement with Tree Trimming Contractor 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. Visit by County Sheriff Matt Bostrom b. Fun Run —August 13 c. Day in the Park — August 20 7. PUBLIC HEARINGS a. Variance Request, 1732 Malvern — Front Yard Deck b. Variance/Encroachment Request, 1931 Carl — Retaining Wall 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. DISCUSSION / ACTION ITEMS a. Roseville Youth Baseball Association — Field Improvement Agreement b. Deputy Clerk Position 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. Parking Ordinance Revisions 12. WORK SESSION 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. 2012 Budget Discussion 13. ADJOURNMENT LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 2 July 26, 2011 Mayor Pro Tem Mac Lean called the City Council meeting to order at 7:30 p.m. Councilors present: Mary Gaasch; Denise Hawkinson, and Mayor Pro Tem Lara Mac Lean. Councilors absent: Roxanne Grove and Mayor Jeff Dains. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator. Mayor Pro Tem Mac Lean asked for changes to the meeting agenda. Butkowski added the 2003A bond interest payment totaling $6,952.50. Councilor Hawkinson moved to approve the agenda as amended. Councilor Gaasch seconded the motion and it passed unanimously. Councilor Gaasch moved to approve the July 12, 2011, City Council meeting minutes. Councilor Hawkinson seconded the motion and it passed unanimously. Councilor Hawkinson moved approval of the claims totaling $21,294.88. Councilor Gaasch seconded the motion and it passed unanimously. Councilor Hawkinson moved the consent agenda item acknowledging June 2011 finances. Councilor Gaasch seconded the motion and it passed unanimously. Bownik reported that Minnesota Night to Unite was happening on August 2. Eight blocks have registered. The event encourages the strengthening of community partnerships and dialogue with law enforcement and the fire department. Those participating will receive ice cream through the Cub Foods store in St. Anthony and barricades provided by City Hall. Butkowski said the state government shut down ended last week. The packet contained information about law changes that affected cities. Butkowski said the items most pressing in Lauderdale surround the state aid and credit allotments. For 2011 and 2012, the City can anticipate receiving the same amount of local government aid as in 2010. This amount reflects a $100,678 reduction from the certified 2011 amount and is considered a permanent reduction. The City also will not receive about $30,000 in Market Value Homestead Credit for 2011. To compensate in 2012, residential properties will see a reduction in the portion of their assessed values subject to property taxes. Practically speaking, this means commercial and industrial properties will absorb a tax shift. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 2 Butkowski said the City has one outstanding bond for the 2003 street improvement project. Principal and interest payments are made in February with an additional interest only payment in August. The interest payment totals $6,952.50. Councilor Gaasch moved to approve payment of the 2003A bond interest. Councilor Hawkinson seconded the motion and it passed unanimously. Butkowski reviewed the preliminary agenda for the next meeting, which included parking ordinance revisions, the field improvement agreement with Roseville Area Youth Baseball, second quarter investment report, and a visit by County Sheriff Matt Bostrom. There being no further business on the council agenda, Councilor Hawkinson moved to adjourn the meeting. Councilor Gaasch seconded the motion and it carried. The meeting adjourned at 7:45p.m. Heather Butkowski City Administrator CITY OF LAUDERDALE CLAIMS FOR APPROVAL August 9, 2011 City Council Meeting Payroll 8/5/11 Payroll: Direct Deposit # 501209-501213 8/5/11 Payroll: Payroll Liabilities, e -payments 572E -574E Vendor Claims 8/9/11 Claims: Check #'s 20834-20851 $6 940.88 $5,332.06 SUBTOTAL $80,969.341 Total Claims for Approval $80,969.34 CITY OF LAUDERDALE 08/04/11 5:00 PM Page 1 Payments Current Period: AUGUST 2011 Batch Name 080511 pyroll Payment Computer Dollar Amt $5,332.06 Posted Refer _2209 ICMA RETIREMENT TRUST - 457 Ck# 000572E 8/5/2011 Cash Payment G 101-21705 ICMA RETIREMENT 8/5/11 payroll $1,396.30 Invoice Transaction Date 8/4/2011 Due 0 NORTH STAR CHEC 10100 Total $1,396.30 Refer 2210 NORTH STAR BANK, CHECKING S Ck# 000573E 8/5/2011 Cash Payment G 101-21703 FICA WITHHOLDING. 8/5/11 payroll $1,519.03 Invoice Cash Payment G 101-21701 FEDERAL TAXES 8/5/11 payroll $1,057.14 Invoice Transaction Date 8/4/2011 Due O NORTH STAR CHEC 10100 Total $2,576.17 Refer 2211 PE_RA Ck# 000574E 8/5/2011 Cash Payment G 101-21704 PERA 8/5/11 payroll $1,359.59 Invoice Transaction Date 8/4/2011 Due 0 NORTH STAR CHEC 10100 Total $1,359.59 Fund Summary BATCH Total $5,332.06 10100 NORTH STAR CHECKING 101 $5,332.06 $5,332.06 Pre -Written Checks $5,332.06 Checks to be Generated by the Compute $0.00 Total $5,332.06 CITY OF LAUDERDALE *Check Detail Register© AUGUST 2011 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 020834 8/9/2011 1736 MALVERN STREET E1101-41100-331 TRAVEL EXPENSE $336.70 MG - LMC conference mileage/lodging Total 1736 MALVERN STREET $336.70 Paid Chk# 020835 8/9/2011 BLUE CHIP TREE CO., INC E 101-43000-317 TREE SERVICE $2,798.64 8/1 Storm Damage Total BLUE CHIP TREE CO., INC. $2,798.64 Paid Chk# 020836 8/9/2011 CINTAS E 601-49000-425 CLOTHING $29.07 470682702 PW Clothing E 602-49100-425 CLOTHING $29.07 470686055 PW Clothing Total CINTAS $58.14 Paid Chk# 020837 8/9/2011 CITY OF FALCON HEIGHTS E 101-42100-321 FIRE CALLS $2,184.40 7/11 fire calls Total CITY OF FALCON HEIGHTS $2,184.40 Paid Chk# 020838 8/9/2011 CITY OF ST ANTHONY E 101-42100-319 POLICE CONTRACT $49,180.58 2582 8/11 police contract Total CITY OF ST ANTHONY $49,180.58 Paid Chk# 020839 8/9/2011 GLENWOOD INGLEWOOD E 101-41200-208 WATER DELIVERY $25.92 7/11 water cooler Total GLENWOOD INGLEWOOD $25.92 Paid Chk# 020840 8/9/2011 GOPHER STATE ONE -CALL E 101-43400-386 GOPHER STATE ONE CALL $37.70 16392 7/11 locates Total GOPHER STATE ONE -CALL $37.70 Paid Chk# 020841 8/9/2011 KENNEDY & GRAVEN Tz E 101-41500-305 LEGAL FEES - CIVIL $160.00 6/11 legal services - muni liquor E 101-41500-305 LEGAL FEES - CIVIL $60.00 6/11 legal services - police agreement E 101-41500-305 LEGAL FEES - CIVIL $64.00 6/11 legal services - data practices reqt Total KENNEDY & GRAVEN $284.00 Paid Chk# 020842 8/9/2011 KONICA MINOLTA E 101-41200-401 COPIER CONTRACT $255.54 182570853 8/11 Copier Contract Total KONICA MINOLTA $255.54 Paid Chk# 020843 8/9/2011 LMCIT E 101-41200-361 GENERAL LIABILITY $251.00 '11-12 Volunteer Insurance Premium Total LMCIT $251.00 Paid Chk# 020844 8%9/2011 MET -COUNCIL ENVIRONMENTAL SER.����� E 601-49000-387 WATER TREATMENT SERVICE $11,217.61 9/11 wastewater treatment Dtal MET -COUNCIL ENVIRONMENTAL SER. $11,217.61 Paid Chk# 020845 � 8/9/2011 -ON SITE SANITATION CITY OF LAUDERDALE *Check Detail Register© AUGUST 2011 d Chk# 020851 8/9/2011 XCEL ENERGY, STREET LIGHTING E 101-43000-380 STREET LIGHT UTILITY $37.50 7/11 bridge lights Total XCEL ENERGY, STREET LIGHTING $37.50 10100 NORTH STAR CHECKING $68,696.40 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $57,405.45 601 SEWER UTILITIES $11,261.88 602 STORM SEWER ENTERPRISE FUND $29.07 $68,696.40 Check Amt Invoice Comment E101-45200-427 PORTA POTTY RENTAL $55.58 7/11 portable restroom Total ON SITE SANITATION $55.58 8/9/2011 POSTMASTER -STAMPS Paid Chk# 020846 E 101-41200-203 POSTAGE $88.00 3 rolls stamps E 101-43400-203 POSTAGE $44.00 3 rolls stamps Total POSTMASTER - STAMPS $132.00 Paid Chk# 020847 8/9/2011 RAMSEY COUNTY, PROP REC & REV E 101-41200-355 MISC PRINTING/PROCESS SER $20.00 8/11 insurance benefits processing G 101-21706 HEALTH INSURANCE $378.74 8/11 insurance benefits E 101-42100-318 911 Dispatch $801.70 7/11 911 dispatch E 101-42100-442 MISC $8.96 7/11 800 MHz radio licenses Total RAMSEY COUNTY, PROP REC & REV $1,209.40 Paid Chk# 020848 8/9/2011S -P—A— T PAUL REGIONAL WATER SERVICE E 101-43000-382 WATER $15.20 2g11 water - City Hall E 101-45200-382 WATER $15.20 2g11 water- Warming House E 601-49000-382 WATER $15.20 2g11 water- PW garage otal ST PAUL REGIONAL WATER SERVICE $45.60 Paid Chk# 020849 8/9/2011 WASTE MANAGEMENT E 101-43000-384 REFUSE DISPOSAL $308.72 July & Aug. garbage service Total WASTE MANAGEMENT $308.72 Paid Chk# 020850 8/9/2011 XCEL ENERGY, CITY HALL E 101-43000-383 GAS UTILITIES $30.89 7/11 City Hall utilities E 101-43000-381 ELECTRIC $246.48 7/11 City Hall utilities Total XCEL ENERGY, CITY HALL $277.37 d Chk# 020851 8/9/2011 XCEL ENERGY, STREET LIGHTING E 101-43000-380 STREET LIGHT UTILITY $37.50 7/11 bridge lights Total XCEL ENERGY, STREET LIGHTING $37.50 10100 NORTH STAR CHECKING $68,696.40 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $57,405.45 601 SEWER UTILITIES $11,261.88 602 STORM SEWER ENTERPRISE FUND $29.07 $68,696.40 CITY OF LAUDERDALE *Check Detail Register© AUGUST 2011 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 020852 8/9/2011 HOME DEPOT CRC E 101-43000-228 MISC REPAIRS MAINT SUPPLIE $64.25 7044713 maintenance supplies Total HOME DEPOT CRC $64.25 E 201-45600-377 DAY IN THE PARK Total HOP HAPPY Paid Chk# 020854 8/96011 LEN YAEGER $149.01 DIP -bounce house $149.01 E 201-45600-377 DAY IN THE PARK $400.00 DIP- Lazy Does It Band Total LEN YAEGER $400.00 Paid Chk#-020855 -- 8/9/20_,_ � NO —_, �. ,_..- _- — —KI G- �, -_ . 011 NORTH STAR BANK, CHECKING STMT E 101-41200-201 GENERAL SUPPLIES $69.64 Office Max supplies E 101-41100-440 MEETING EXPENSES $5.00 Nelson's delivery E 101-43400-203 POSTAGE $5.59 certified nuisance letters E 101-41200-308 TRAINING\CONFERENCES $10.00 HB SRA meeting E 101-43000-225 LANDSCAPING MATERIALS $21.41 flowers for entry E 101-41200-442 MISC $21.42 park refund - Williams E 101-43000-202 PERMENANT SUPPLIES $22.69 Harmar Lock - allan wrenches E 101-41100-440 MEETING EXPENSES $23.02 Target - supplies for goal setting E 101-43400-203 POSTAGE $33.54 certified nuisance letters E 101-43400-203 POSTAGE $39.13 certified nuisance letters E 201-45600-440 MEETING EXPENSES $24.00 PCIC pizza E 201-45600-377 DAY IN THE PARK $250.00 DIP- Petty Cash E 202-49500-409 OTHER EQUIPMENT REPAIR/M $37.48 RAM for DC computer otal NORTH STAR BANK, CHECKING STMT $562.92 E 602-49100-402 CITY TRUCK REPAIR/MAINTEN $75.14 9350 truck tires E 601-49000-402 CITY TRUCK REPAIR/MAINTEN $75.14 9350 truck tires E 101-43000-402 CITY TRUCK REPAIR/MAINTEN $601.07 9350 truck tires Total SAM'S CLUB $751.35 Paid Chk# 020857 8/9/2011 TEE SQUARED SCREENPRINTING & D E 201-45600-368 FUN RUN/WALK $300.00 4786 5K t -shirts .otal TEE SQUARED SCREENPRINTING & D $300.00 Paid Chk# 020858 8%9/2011 XCEL ENERGY, STREET LIGHTING�� E 101-43000-380 STREET LIGHT UTILITY $517.16 382963509 7/11 street lights Total XCEL ENERGY, STREET LIGHTING $517.16 10100 NORTH STAR CHECKING $2,744.69 CITY OF LAUDERDALE *Check Detail Register© AUGUST 2011 $2,744.69 Check Amt Invoice Comment Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $1,433.92 201 COMMUNITY EVENTS $1,123.01 202 COMMUNICATIONS $37.48 601 SEWER UTILITIES $75.14 602 STORM SEWER ENTERPRISE FUND $75.14 $2,744.69 ACTION REQUESTED Consent X LAUDERDALE COUNCIL MEETING DATE August 9, 2011 Special Public Hearing ITEM NUMBER PCIC Appointment Report cussion/Action STAFF INITIAL Jim solution L rk session APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The following applicant has applied for appointment to the committee: 1) Nicole Johnson, 1707 Carl Street. Nicole moved to Lauderdale in August. She would like to be involved in the community and help with city events. Appointment of Nicole would bring the number of members to four including Trygve Hansen, Monica Gallagher, and Peiju Picard. OPTIONS: 1) Appoint Nicole Johnson to the Park & Community Involvement Committee. 2) Do not appoint Nicole Johnson to the Park & Community Involvement Committee. STAFF RECOMMENDATION: By approving the consent agenda, you are appointing Nicole Johnson to the Park & Community Involvement Committee for a two year term. COUNCIL ACTION: City of Lauderdale 1891 Walnut Street • Lauderdale - Minnesota 55113 Phone: 651-792-7650 Fax: 651-631-2066 VOLUNTEER APPLICATION W Name: j .0 l QMSW Phone Number: Address: 02)?1 lie& ' _ Cell Number: -- city: !, _ l,,audet dale State MN zip: 85 i 13 AREAS Or, INTEREST C: Garden Club i-`, Neighborhood Watch 7 {Other would like to be appointed to the Park and Community involvement Committee (PCIC) - Meets about once/month on 1' or 3`° Mondays at 6:30 p,m, at city hall. L', I do not wish to be appointed to the PCIC, but would like to help with the following Special Events: Snow Comutation 1J City Wide Garage Sale El Music under the Trees Day in the park i7 Community Run/Walk C] Halloween XPlease list any special hobbies, shills or talents wvhicll you are willing to snare A If you are seeking an appointment to the PCIC, please provide a short paragraph summarizing why M4., 1alq to5 it) A is seffinq ku+ T- ai _) 6A 4Wt.AWQU 41) a0 inOVId in M14 COM ,M) %ref ek%%n even i - D 'Briefly describe your background, experience and any other information not previously given which, you believe should be considered regarding the appointment you are seeking. -ocwtiayc MA-ftayyt I 14wed—! L&A&WAa .Je it) 1+09 A Participation Waiver: 1, the under-gned, do hereby agree toiparnetpate m tae atorentenn4nea acuvtty�ies) ana i runner agree to indemnify and hold the Cary harmless from and against any and all liability for any injury which may be suffered by the aforementioned individual(s) rising out of, or in any way connected with, his/her participation in this activity. The City periodically takes pictures of video of participants during meetings, special events and programs. Please be aware that these photos or video may be used in the City's brochures, pamphlets or cable presentations_ If you or your family members do not want to be photo raphed or pubaished u milt give us written notice. N cam 1) h al 111 Apph ant's Signatu Applicant's Name Printed Date l 'd ZH 'ON 3NA00H3 Wd6l HR 'E WV o LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X_ Public Hearing Discussion Action Resolution Work Session Meeting Date August 9, 2011 ITEM NUMBER 2Q I I Investment Report STAFF INITIAL _HAB APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The attached report and spreadsheet reflect the City's investment activity for the second quarter of 2011. OPTIONS: STAFF RECOMMENDATION: By approving the consent'agenda, the Council acknowledges the Second Quarter 2011 In- vestment Report. COUNCIL ACTION: City of Lauderdale Second Quarter Investment Report August 9, 2011 The quarter ended with a general fund balance of $331,172.97 and cash and investments totaling $2,653,673.64. That is the total of all fund balances including the 601 and 602 sewer enterprise funds. Since the City pools the fund balances for investment purposes, at quarter end $2,418,579.87 was invested. $1,128,698.40 was invested in money market funds and $1,289,881.47 in certificates of deposit (CDs). The City purchased one CDs this quarter. • Beal Bank (TX) at 0.50% for 12 months. The money market rates remain terrible. The month by month rates for the money market accounts follow. Table 1: Average Money Market Rates: danuaiy — March. 2011 This quarter, the City earned $4,460.09 from investments compared to $15,512.92 last quarter. Additionally, the checkbook earned $232.25. The checkbook interest is deposited into the general fund and is not distributed among the other funds. This brings 2011 investment interest earnings to $20,633.83. The City earned $54,673.60 in interest in 2010. Table 2 shows how the interest was divided between the funds and compares interest earned to the adopted budget. The funds with the largest balances get the greatest interest distributions. Table 2: Investment Earninz Distribution by Fund January February ( March 4M Fund 0.02% ...----- ----- 0.02% ._. _...._ _............_...._,... 0.02% ----.....--- .._.._.. ._..-_..---._........__.....-_._._......__.._. _ _..... 4M Plus Fundi __...... - 0.05% 0.05% _..__.....___.._.. 0.05%_ ....—........___._.........__.__.—....._:__......_—._.__..._—...__...---_._._ SB Inst. MM 0.06% 0.07% 0.06% 203 — Recycling $1,000 $652.45 April May June 4M Fund 0.02% 0.02% __._........ _. _...._... 0.0_2% -- — __-..........-----___...._.._...._... 4M Plus Fund 0.05% 0.05% 0.05% SB Inst. MM 0.04% 0.02% 0.02% This quarter, the City earned $4,460.09 from investments compared to $15,512.92 last quarter. Additionally, the checkbook earned $232.25. The checkbook interest is deposited into the general fund and is not distributed among the other funds. This brings 2011 investment interest earnings to $20,633.83. The City earned $54,673.60 in interest in 2010. Table 2 shows how the interest was divided between the funds and compares interest earned to the adopted budget. The funds with the largest balances get the greatest interest distributions. Table 2: Investment Earninz Distribution by Fund Fund 2011 Budget As of June 30 101 — General Fund $7,000 $5,126.59 201 — Community Events $100 $40.83 202 — Communication $500 $200.07 203 — Recycling $1,000 $652.45 304 — 2003 Street Improve $4,000 $2,178.85 401 — Capital Improve, Street $6,000 $3,116.71 402 — Capital Improve, Gen $1,500 $608.48 403 — Capital Improvement, Storm Sewer $3,000 $1,300.17 404 — Capital Improve, Parks $2,000 $871.04 405 — TIF Projects $4,000 $1,421.80 407 — Sewer Improvements $5,500 $3,136.67 601 — Sewer Enterprise Fund $3,000 $1,677.75 602 — Storm Sewer Enterprise Fund $700 $302.42 Totals $38,300 $20,633.83 At the end of the quarter, the securities were held an average of 667 days or about 22 months. Currently, investment maturity dates are laddered through May 2012. It seems doubtful rates will improve in the near future so staff will continue to ladder short-term CDs. If the rates rise, the City will be able to step up to the better rates with each maturity. Staff provides Councilors the investment spreadsheet as an internal control procedure required by the auditor. As always, staff is available to answer questions and provide the Council with research related to the City's investments. ! - §...§.. § ..[...., ] ./...\. ! .. ... ... - , 15 £ |... .99 91 1.. !§ # /. /;J , -dKE! \}(\\r 16 33§ - 14 ry`2�!JR 8- . : ......, . ,......, . ......, . ,.. .... . ... . ... . . � � 9Rq § = 99 q ; .__• :;. . ... .;;. m ] ) ii ( \ \ m. N ,a: # C! 644 666 , ....... . 15 .,,,.,. . ....... . ... .... . ... . ... . . o .a...:;. ; 666 ,.:: ::. 11; \/ !;)J77 §f ; / 1 R ]( 2 } }\ \\ \ / \/ \ \ ! - _ \}(\\r - ry`2�!JR 8- . Y o IS IS o r c o14 m m C @ c . . , . m . . , 66 15 E 6 m m 3 e a' -a .-.- Is m m 6 d 6ci m m 1°14 c o 14m . r e @c rC4„ m a' ryry iso18 Iz IR46n @ r c r 13 Id `ma 14 11 cq li � , • , , , , •- , r m , , , . ry , r , . U V — m — N 0 0za`m 3 g!o IVIV F O m m MV 2111, 1414 C4 �J h U — E m` 3 488 8 a g o mo - •- •- •- m � � m m .- m co 'o r @ c r — L m— E o c o L' E 'o @ c r ...... . E 7 u�¢ _i q c o 'o r c r m — a d 3 a' c o 'o r ammo mv�i�m y o e E U U �-'cines >mEU`m E mtnZKdLL ¢oa 0 0 . . . c } ci } L Is C5 6 mH " P.- F mm m mm 16 a 6^� n c o E2 'o it ti L^ r= . . . . . . N r-- m U o — H. a' . . . . . . . . • 1 0 �+ _ _ _ _ �o 'o LAUDERDALE COUNCIL E: ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date August 9, 2011 ITEM NUMBER Eustis Street Televise Quote STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: As discussed a couple of weeks ago, assessing the condition of the sanitary sewer on Eustis Street would be the next step before negotiating any further with Ramsey County. Infratech has been televising the City's sewers for the last couple of years. Their price hasn't changed, it is still $210/hour. They anticipate it would take 9-11 hours for the section from Lar- penteur to Roselawn ($1,890 - $2,310). We are billed for the hours they work. The televising would be paid for out of the sanitary sewer or TIF fund. OPTIONS: • Approve Infratech's quote for televising Eustis Street. • Do not approve Infratech's quote for televising Eustis Street. STAFF RECOMMENDATION: By approving the consent agenda, the Council approves Infiatech's rate for televising the sanitary sewer on Eustis Street. COUNCIL ACTION: LAUDERDALE COUNCIL E: ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date August 9, 2011 ITEM NUMBER _Tree Trimming Agreement STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Annually, we receive a visit by a loss control consultant from Berkeley Risk on behalf of the League of Minnesota Cities Insurance Trust (LMCIT). One of the items they strongly en- couraged this year was service agreements with all contractors. The city regularly hires con- tractors to provide street sweeping and tree trimming services. Following is the tree trim- ming agreement with Bluechip Tree Co. The agreement lays out the services to be pro- vided, but more importantly, deals with issues related to liability. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council approves the service agreement with Bluechip Tree Co. COUNCIL ACTION: Contract between the City of Lauderdale and Blue Chip Tree Company This contract (the "Agreement") is made and entered into this 1� day of U , 2011, between the City of Lauderdale, Minnesota (the "City"), and Blue Chip Tree C mpany, (the "Contractor"), (collectively, the "Parties"). 1. Scope of Services. The Contractor agrees to perform the following services: trim and remove trees as directed by the Public Works Coordinator or city designee. Chip and haul away all debris. 2. Compensation. The City agrees to pay the Contractor for services rendered. The City shall not withhold monies for the payment of any federal or state income taxes, social security benefits, or other taxes. 3. Term. This agreement is applicable for all trimming and tree removal completed in 2011. 4. Independent Contractor Relationship. It is expressly understood that the Contractor is an "independent contractor" and not an employee of the City. The Contractor shall have control over the manner in which the services are performed under this Agreement. The Contractor shall supply, at its own expense, all materials, supplies, equipment and tools required to accomplish the work contemplated by this Agreement. The Contractor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick and vacation leave, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. 5. Insurance Requirements. A. Liability. The Contractor agrees to maintain commercial general liability insurance in a minimum amount of $1;000,000 per occurrence. The policy shall cover liability arising from premises, operations, products -completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be named as an additional insured. B. Automobile Liability. If the Contractor operates a motor vehicle in performing the services under this Agreement, the Contractor shall maintain automobile liability insurance, including owned, hired, and non -owned automobiles, with a minimum liability limit of $1,000,000 combined single limit. The City shall be named as an additional insured. C. Workers' Compensation. The Contractor agrees to comply with all applicable workers' compensation laws in Minnesota. D. Certificate of Insurance. The Contractor shall, prior to commencing services, deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. 6. Indemnification. The Contractor agrees to defend and indemnify the City, and its employees, officials, volunteers and agents from and against all claims, actions, damages, losses and expenses arising out of the Contractor's performance or failure to perform its duties under this Agreement. 7. General Provisions. A. Entire Agreement. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the Parties and contains the entire agreement. B. Assignment. The Contractor may not assign this Agreement to any other person unless written consent is obtained from the City. C. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both Parties. D. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. E. Savings Clause. If any court finds any portion of this Agreement to be contrary to law or invalid, the remainder of the Agreement will remain in full force and effect. F. Waivers. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other party shall not be. construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. G. No Waiver by City_. By entering into this agreement, the City does not waive its entitlement to any immunity under statute or common law. H. Termination. Either party may terminate this agreement at any time for any reason. If the contract is terminated early, the City will pay a pro rated fee for services performed to date. IN WITNESS WHEREOF, the Parties, have caused this Agreement to be approved on the date above. City of Lauderdale, Minnesota And: Its Mayor Its Clerk/City Administrator Blue Chip Tree Company By: Contractor DATE: AUGUST 9, 2011 TO: MAYOR AND COUNCIL FROM: JIM BOWNIK RE: VARIANCE APPLICATION FOR 1732 MALVERN STREET APPLICANT, PROPERTY OWNER, AND LOCATION Mike & Lindsey Gruttadaurio 1732 Malvern Street Lauderdale, MN 55113 Construction of an open deck on the front of the house in the R-1 District. VARIANCE REQUESTED 1) 9 -foot variance to the 30 -foot front yard setback requirements to construct an open deck up to 21 feet of the front property line. POLICIES AND PROCEDURES FOR VARIANCE APPROVAL In reviewing this variance request, the Council should consider the Zoning Ordinance requirements as well as relevant State Statutes. These requirements are outlined on the attached Variance Checklist. Here is the general order of procedure. 1) Staff presentation. • Apply the Practical Difficulties Test 3) Public Hearing. 4) Approve or deny the variance. PRACTICAL DIFFICULTY TEST The municipal variance standard requires the city to apply a three -factor test for "practical difficulties" consisting of (1) reasonableness, (2) uniqueness, and (3) essential character. A variance should be granted if strict enforcement of the municipal variance standard as applied to a particular piece of property would cause the landowner a "practical difficulty." The landowner is generally entitled to the variance if and only if the applicant meets the statutory three -factor test for practical difficulty. If the applicant does not meet all three factors of the statutory test, then a variance should not be granted. 1) The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: • In general, one can conclude that "reasonable use" can be achieved with most variance requests. However, since the house was built at the required 30 foot front yard setback distance, any addition to the front of the house would require a variance. 2) The plight of the landowner is due to circumstances unique to the property not created by the landowner: • The property is not unique, however, the plight of the landowner was not created by the landowner. 3) The variance, if granted, will not alter the essential character of the locality: • The City has granted variances to front yard setbacks in the past. • A variance for a deck on the front of the house would not impact the essential character of the neighborhood. For instance, the house to the north has a deck on the front of the house, and the house to the south received a variance for a covered front entryway. ESTABLISHING THE FINDINGS OF FACT (Based on Answers to Questions on the Variance Checklist) A) How does the proposal put your property to use in a reasonable manner? The applicant has stated that the deck will replace steps to the front door that have collapsed. It will also create usable outdoor living space. B) What are the unique circumstances to the property not created by the landowner? The applicant has stated that the house was constructed at the 30 -foot front yard setback, so any deck addition to the front of the house will require a variance. C) How will a variance, if granted, not alter the essential character of the locality? The applicant has stated that the deck will not alter the character of the house, will still leave 21 feet between the deck and the front property line, and will not add impervious surface to the lot. D) How is granting of a variance in harmony with the purposes and intent of the Zoning Ordinance? The applicant has stated that the Lauderdale Zoning Ordinance allows for the City Council to consider requests for variance to setback requirements. E) How are the terms of a variance consistent with the Comprehensive Plan? The applicant has stated that the request is in keeping with the comprehensive plan because the proposed project does not change the character of the neighborhood, and improves the property. ENCLOSURES A) Original variance application, site plan and variance checklist. PUBLIC HEARING Adjacent property owners received notice of tonight's public hearing. CITY COUNCIL ACTION OPTIONS 1) Motion to approve the variance and direct staff to prepare a resolution of approval with findings of fact for the next meeting. • Conditions may be imposed on granting of variances if those conditions are directly related to and bear a rough proportionality to the impact created by the variance. 2) Motion to deny the variance and direct staff to prepare a resolution of denial with findings of fact for the next meeting. • If the variance is denied, state the rationale for the denial in the motion. CITY OF LAUDERDALE VARIANCE CHECKLIST The following requirements must be met in order for your variance application to be considered complete: 1) Have a pre -application meeting with city staff before submitting a variance application. Please bring the completed application and all required documents to this meeting. 2) Submit the following: A) Variance application and fee. B) Site Plan: • Drawn to scale. • Delineating your property lines (by locating property stakes, submitting a Certificate of Survey, or other means). • Showing lot lines, street names, locations and dimensions of all existing or proposed buildings, setback distances, parking areas, lot coverage percentage (as defined by structures covered by a roof) and any other pertinent site information. 3) Describe your proposed project and why you are requesting a variance. 4) Answer the following questions: A) How does the proposal put your property to use in a reasonable manner? B) What are the unique circumstances to the property not created by the landowner? C) How will a variance, if granted, not alter the essential character of the locality? D) How is granting of a variance in harmony with the purposes and intent of the Zoning Ordinance (Lauderdale's Zoning Ordinance can be found online at www.ci.lauderdale.mn.us)? E) How are the terms of a variance consistent with the Comprehensive Plan (Lauderdale's Comprehensive Plan can be found online at www.ci.lauderdale.mn.us)? Information You Should Know • The municipal variance standard requires the city to apply a three -factor test for "practical difficulties" consisting of (1) reasonableness, (2) uniqueness, and (3) essential character. • Thus, the city is required to adopt findings based on the questions above. • Conditions may be imposed on granting of variances if those conditions are directly related to and bear a rough proportionality to the impact created by the variance. 7�24� �*= 0 1 Mo Mo 33 LAND USE APPLICATION Fee Escrow Type of Request $100 $ 0 Lot Consolidation/Division $150 $ 0 _Variance $200 $ 0 Conditional Use $500 $1,000 Zoning Amendment $500 $1,000 Subdivision $500 $1,000 PUD MAIN 651-792-7650 Date: 7-/-// Description of Request m FA_ =Wj_ WNWAWA I rffW0111A - -in I Applicant Information Owner Information (if different) Name: Address: Address: C, S, Z: Phone: Email: SignatL C, S, Z: ture: By signing above, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city's consultants' costs associated with reviewing the associated request. Prior to having the request considered by the city, the applicant must deposit an escrow fee in an amount that is estimated to cover the city's consultants' costs as determined by the city administrator. If the city's consultants' costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be required to cover the additional costs. The city shall use the applicant's fees to cover the city's actual consultants' costs in reviewing the request regardless of the city's action on the applicant's request. If the applicant's escrow fees exceed the city's actual consultants' costs for reviewing the request, the remaining escrow fees shall be refunded to the applicant. Review Timeline: All applications, other than concept plans, must be complete before being formally reviewed. Minnesota Statute provides 15 days to determine the application's completeness. Completeness depends on whether or not the checklist items are fulfilled. Checklist: Please review the checklist for the type of application you are applying for. TO: City Council/City of Lauderdale FROM: Mike and Lindsey Gruttadaurio RE: Variance Application and Proposal, Front Deck, 1732 Malvern St. Enclosed is our application for a variance for 1732 Malvern St. The project involved is a deck that will be attached to the house at the front wall and a portion of the south wall. The purpose of the deck is two -fold: to replace collapsed stairs to the front door, and to create a recreational space in the front of the house. Essentially, the deck will measure 9 feet from each wall, it will stand 24 inches above ground level, and it will include a staircase directly in front of the front door from the front walkway. While the 9 -foot span of each side of the deck will keep the deck within reasonable size and create usable space, the 9 -foot span on the front of the house will require a variance for the 30 -foot setback requirement. This portion of the deck will leave 21 feet to the front property line. The Lauderdale Zoning Ordinance allows for variance applications for project such as this. Sections 10-8-6 and 10-8-8 indicate the setback requirements that apply in this case, and our application is for a variance exception on the front setback. The deck design is in keeping with the character of the house, and it will not cover a large portion of the front and side of the lot. This house is set off to the north side of the lot, so that the front yard and side yard can actually be used as one yard. The deck will be built into that space and further enable the use of both sections of the yard. The deck will never be enclosed or screened, nor will it have an impervious surface. The Lauderdale Comprehensive Plan indicates that projects such as this should be in keeping with the character of the neighborhood and should improve the property. This deck will provide access through the front of the house and will provide recreational space within the front and side yards that is not currently used as such, which will improve the home and yard. Furthermore, the style and size of the deck will conform to the City's requirements for decks and will not compete with or alter the character of the home itself or any of the surrounding homes, nor will it impede access to any other part of the property. We have enclosed a photograph of the home and the construction plans for the deck, the Land Use Application, a check for $150, and the aerial view of the home with the measurements from the front and side property lines. Please contact Lindsey Gruttadaurio to discuss this matter further at 612-741-4041. Thank you for your assistance in this matter. FAA esign #: 18501 :...,:.:: 6/25/2011 * * * Take this sheet to the Building Materials desk to purchase your materials. Y I td ou se ec e a 1 level deck wlth: 1ressure Treated Framing Material 4 x4 Framing Posts 514" x 6" Pressure Treated Deck Boards Poured Footings 8" Tube 4' deep Premium Gold Combo Drive Screws Galvanized Framing Fasteners Handrail selections: 36" Horizontal Handrail Railing 211x2"06" Pressure Treated Sq, End Spindles 411x4"x48" Pressure Treated Utop Notched Railing Posts 21'A" Pressure Treated Hand Rall Below is a section of the railing style and options you have selected for your deck. Spindle placement is approx. 4" apart depending on style Illustration intended to show general deck size and shape, Some options selected may not be shown for picture clarit . Today's cost for materials estimated in this design with options: *The base price includes; 40 PSF deck live load treated - horizontal 2z6 *?ASE 1 , 19 IBASE price); X966981 .81 deck boards, 4z4 posts, 2x8 joists and beams, galvanized framing fasteners, ***If purchased today, you save; 106.22*** AC2 treated 36" vertical handrail to joist without posts, and premium screws, ***Monthly BIG Card Payment would be; 137,22*** You may buy all the materials or any part at low cash and carry prices. Because of the wide variable in codas, Menards cannot guarantee that materials liste, will meet your code requirements. Check with your local municipality for plan compliance and building permit. These plans are suggested designs and mate lists only. Some items may vary from those pictured. We do not guarantee the completeness or prices of these structures. Tax, la5or and delivery not includ ft o A 0 aq d 0 8 0 gg,2F tg O O ft MEMO DATE: AUGUST 9, 2011 TO: MAYOR AND COUNCIL FROM: JIM BOWNIK RE: VARIANCE APPLICATION FOR 1931 CARL STREET APPLICANT, PROPERTY OWNER, AND LOCATION Harvey Skow 1931 Carl Street Lauderdale, MN 55113 Construction of a retaining wall in the R-1 District. VARIANCE REQUESTED 1) 2 -foot, 8.5" variance to the 2 -foot rear yard setback requirements for retaining walls to construct a retaining wall up to 8.5 inches into City of Lauderdale alley right-of-way. POLICIES AND PROCEDURES FOR VARIANCE APPROVAL Here is the general order of procedure. 1) Staff presentation. 2) Public Hearing. 3) Approve or deny the variance. SECTION 5 OF THE SETTLEMENT AGREEMENT SETBACK VARIANCE FOR RETAINING WALL "The Skows shall apply fora setback variance before installing a retaining wall along the portion of their Property that abuts the Alley. City agrees that the retaining wall may be constructed in alignment with the retaining wall on the property to the North of the Skows' and will extend directly South therefrom. City also agrees to waive all fees associated with applying for said setback variance as required by the City's Ordinances and fee schedules. After receipt of a complete application from the Skows, the City will follow its ordinary, required procedures, which include but are not limited to holding a public hearing on the application. Unless new and presently unknown information surfaces, the City intends to grant the Skows' request for a setback variance. The Skows shall submit a completed application for the setback variance, obtain approval from the City, and complete the construction and installation of said retaining wall on or before September 1, 2011. If the Skows fail to meet this deadline, the City shall not be bound by the terms of this paragraph." ESTABLISHING THE FINDINGS OF FACT The Findings of Fact will be determined by the language of the Settlement Agreement and the merits of the applicant's specific variance request. This can be accomplished by breaking down each sentence in the first paragraph of Section 5 in the Settlement Agreement, and comparing it with the variance request. Settlement Agreement: 1) "The Skows shall apply for a setback variance before installing a retaining wall along the portion of their Property that abuts the Alley." Variance Request 1) The Skows have applied for a setback variance. However, the request goes beyond the portion of their property that abuts the alley. Mr. Skow's variance application states he is requesting a "variance to allow construction of (a) retaining wall up to 8.5 inches into (the) alley ROW". Generally, the city can only grant a variance up to the property line. Anything beyond the applicant's property is considered an encroachment onto someone else's property. Settlement Agreement: 2) "City agrees that the retaining wall may be constructed in alignment with the retaining wall on the property to the North of the Skows' and will extend directly South therefrom." Variance Request 2) The applicant and the city have different interpretations of what "alignment with the retaining wall on the property to the North of the Skows"' means. The applicant requests to align his retaining wall with the base of the neighbor's retaining wall, which is the reason for the request to be up to 8.5 inches into the alley ROW. The city's survey of the alley shows the neighbor's retaining wall abuts the property line. However, the survey is showing the top of the retaining wall. If the applicant was allowed to align his retaining wall with the base of the neighbor's retaining wall (8.5 inches into the alley ROW) and go directly south therefrom, part of the alley pavement will likely need to be removed as his retaining wall goes south. If the applicant is required to align his retaining wall with the top of the neighbor's retaining wall, his retaining wall would abut the property line, go directly south therefrom, and no alley pavement would need cutting. Settlement Agreement: 3) "City also agrees to waive all fees associated with applying for said setback variance as required by the City's Ordinances and fee schedules." Variance Request 3) The City has waived the variance application fee. Settlement Agreement: 4) 'After receipt of a complete application from the Skows, the City will follow its ordinary, required procedures, which include but are not limited to holding a public hearing on the application.' Variance Request 4) Mr. Skow submitted a complete variance request on July 1, 2011. However, we sent a letter notifying him that his request included an encroach onto the City's property. Since variances are not typically granted to encroach onto someone else's property, the letter asked him to modify his request into two separate requests - a 2 -foot variance request up to the rear property line, and a request to encroach up to 8.5 inches onto the City's property. Mr. Skow was asked to counter sign the letter and return it. He did not counter sign the letter and return it because he elected not to modify the original request. Settlement Agreement: 5) 'Unless new and presently unknown information surfaces, the City intends to grant the Skows' request for a setback variance.' Variance Request 5) City staff considers the request to encroach up to 8.5 inches into the alley ROW, and the probability of removing part of the alley pavement new and presently unknown information. This is because the city and the applicant have different interpretations of sentence #2 of Section 5 of the Settlement Agreement regarding the alignment of the retaining wall. ENCLOSURES A) Original variance application and site plan. B) Settlement Agreement. C) Encroachment letter from Heather dated July 15, 2011 and Mr. Skow's response dated July 17, 2011. D) Survey of the alley. E) Heather's email to Mr. Skow dated August 4, 2011. PUBLIC HEARING Adjacent property owners received notice of tonight's public hearing. CITY COUNCIL ACTION OPTIONS 1) Ask the applicant if he is willing to modify his variance request so that he is requesting a 2 -foot variance from the rear property line. This would result in his retaining wall being built up to the rear property line (and in alignment with the neighbor's retaining wall — but the top of it). It would also eliminate any encroachment into the alley ROW. 2) If the applicant is unwilling to modify his variance request, motion to deny the variance and direct staff to prepare a resolution of denial with findings of fact for the next meeting. • If the variance is denied, state the rationale for the denial in the motion. 3) Motion to approve the variance as presented and direct staff to prepare a resolution of approval with findings of fact for the next meeting. 4) Motion to approve the variance with conditions and direct staff to prepare a resolution of approval with findings of fact for the next meeting. Possible conditions to consider include: The condition that no asphalt pavement is removed in the area of retaining wall construction. The condition that the applicant acknowledges responsibility for any damage to the wall that encroaches into the alley ROW LAND USE APPLICATION Fee Escrow Type of Request $100 $ 0 Lot Consolidation/Division $150 $ 0 _Variance $200 $ 0 Conditional Use $500 $1,000 Zoning Amendment $500 $1,000 Subdivision $500 $1,000 PUD Applicant Information Name: Address: _f g Ca_ r- T'i C, S, Z: Lo /,e A? 1J 5,2 /_ 3 Phone: Email: C -0y 1 i . - MAIN 651-792-7650 Date: Description of Request / 1 7r 1; i/c, r3�nC<_'tCD r..I !ovj CUI' i�C r111 G Owner Information (if different) Name: Address: C, S, Z: Phone: Email: Signature: By signing above, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city's consultants' costs associated with reviewing the associated request. Prior to having the request considered by the city, the applicant must deposit an escrow fee in an amount that is estimated to cover the city's consultants' costs as determined by the city administrator. If the city's consultants' costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be required to cover the additional costs. The city shall use the applicant's fees to cover the city's actual consultants' costs in reviewing the request regardless of the city's action on the applicant's request.. If the applicant's escrow fees exceed the city's actual consultants' costs for reviewing the request, the remaining escrow fees shall be refunded to the applicant. Review Timeline: All applications, other than concept plans, must be complete before being formally reviewed. Minnesota Statute provides 15 days to determine the application's completeness. Completeness depends on whether or not the checklist items are fulfilled. Checklist: Please review the checklist for the type of application you are applying for. For Office Use Only PIN#: Date of Complete Application: Amount Paid: Receipt #: Escrow Fee Paid: Receipt # Date Escrow Returned: PC Recommendation: (approve/deny) Meeting Date: Public Hearing Date: CC Action: (approved/denied) Meeting Date: Conditions? Variance application Harvey A. Skow 1931 Carl St. Lauderdale, MN 55113 Height of proposed retaining wall; The wall height on the N end will be 25" from alley grade to match the neighboring retaining wall. The S end will be approximately 2' 8" to match the existing ground grade. The alley grade slopes about 10" for the length of the retaining wall. The wall will slope 7" from N to S. Type of materials; The proposed wall will be constructed of retaining wall blocks. Most probably but not definitely Mansfield II retaining wall blocks which are 5- 1/2"H x11 -1/2"W x 8"D. The distance of the proposed retaining wall from the existing alley pavement; The proposed retaining wall will be aligned with the neighbors retaining wall and well abut the existing pavement on the N end. I am requesting 8.5" of alley ROW and defer to the City's records for the location of the existing pavement. If pavement removal is necessary it will be sawed and the retaining wall will abut it. 1 F t: existing retaining wall am ♦ Old :� -►: i �R t g ten ce lPTIO' -_j 0 0 0 0 Co ,A/,,, (- � A SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made this day of August, 2010, by and between JEANETTE O. SKOW AND HARVEY ALLEN SKOW, husband and wife, and the CITY OF LAUDERDALE, a public corporation under the laws of Minnesota (the "City"). RECITALS WHEREAS, Jennette and Harvey Skow (hereinafter "Plaintiffs" or "Skows") are the record owners of certain real property located at 1931 Carl Street in Lauderdale, Minnesota, legally described as follows (the "Property"): Lot 10, Block 4, Garcelon's Addition, Ramsey County, Minnesota; AND Lots 11 and 12 (except the East 65 feet), Block 4, Garcelon's Addition to St. Paul, Ramsey County, Minnesota; WHEREAS, behind and immediately west of Plaintiffs' Property is a twelve foot wide platted alley running tangential to Roselawn Avenue ("Alley"); WHEREAS, in 2002, the City paved the Alley; WHEREAS, Plaintiffs filed a legal action against the City on April 29, 2009, alleging that the Alley improvements caused damage, encroach upon Plaintiffs' Property, and cause excessive drainage onto Plaintiffs' Property; and that the City wrongfully removed Plaintiffs' retaining wall; WHEREAS, the Alley encroaches onto a portion of Plaintiffs' Property and eventually extends approximately 4 feet onto the Property at Roselawn Avenue; and WHEREAS, the parties wish to resolve their differences without further cost, delay and the uncertainty of litigating the matter in the courts. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto agree and stipulate as follows: 1. REPRESENTATIONS AND WARRANTIES The Skows represent and warrant that they hold a fee simple ownership interest in the Property, that they have full legal power and authority to encumber the Property as herein provided, and that as of the date hereof the Property is not subject to any liens, interests or encumbrances. 1 370295v4 RAA BE295-216 2. PAYMENT The City agrees to pay the Skows Eight Thousand Five Hundred Dollars ($8,500.00). The City shall make payment to the Skows within ten days after the City receives the Court's order for dismissal as described in paragraph 7 of this Agreement. 3. LONG TERM EASEMENT FOR USE AND MAINTENANCE OF THE ALLEY In consideration of the payment set forth in Paragraph 2 of this Agreement and as further described in Exhibit A to this Agreement, the Skows agree to grant the City a long term easement for the use and maintenance of the Alley. 4. CITY MAINTENANCE OF EXISTING CURB City agrees to maintain the existing asphalt curb located along the eastern edge of the alley from the southern edge of the Skow's garage to Ramsey County's right of way until the easement described in Exhibit A terminates. 5. SETBACK VARIANCE FOR RETAINING WALL The Skows shall apply for a setback variance before installing a retaining wall along the portion of their Property that abuts the Alley. City agrees that the retaining wall may be constructed in alignment with the retaining wall on the property to the North of the Skows' and will extend directly South therefrom. City also agrees to waive all fees associated with applying for said setback variance as required by the City's Ordinances and fee schedules. After receipt of a complete application from the Skows, the City will follow its ordinary, required procedures, which include but are not limited to holding a public hearing on the application. Unless new and presently unknown information surfaces, the City intends to grant the Skows' request for a setback variance. The Skows shall submit a completed application for the setback variance, obtain approval from the City, and complete the construction and installation of said retaining wall on or before September 1, 2011. If the Skows fail to meet this deadline, the City shall not be bound by the terms of this paragraph. 6. MUTUAL RELEASE OF ALL CLAIMS Each party, on behalf of themselves, their heirs, administrators, representatives, successors and assigns, and anyone who obtains legal rights or claims from them, releases any and all claims they may have against the other arising out of or relating to the 2002 Alley improvements and all claims that were or could have been raised in Harvey and dennette Skory v. City of Lauderdale, Ramsey County District Court File No. 62 -CV -09-5832, including all claims for attorneys' fees and costs. 7. DISMISSAL OF SUIT 2 370295v4 RAA BE295-216 Contemporaneously with the execution of this Agreement, the parties shall also execute for filing a stipulation and order for dismissal with prejudice of Plaintiffs' Complaint in Ramsey County District Court (Court File No. 62 -CV -09-5832). 8. NON -WAIVER The City's delay or failure to enforce any provision of this Agreement shall not constitute a waiver of its rights to enforce that or any other provision. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. 9. ENTIRE AGREEMENT This Agreement, together with the recitals stated above and any exhibits hereto that are incorporated by reference, states and contains the entire Agreement of the parties with respect to the subject matter hereof. No modification, release, discharge or waiver of any provision of this Agreement shall be of any force or effect unless made in writing and signed by the parties hereto. The parties acknowledge that they have not relied on any representations or statements, whether oral or written, other than the express terms of this Agreement, in signing this Agreement. This Agreement may be modified or amended only by a writing executed by all the parties hereto under the provisions of this Agreement. 10. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. 11. ACKNOWLEDGMENT OF READING AND UNDERSTANDING AND CONSULTATION WITH COUNSEL The Skows, by their signatures to this Agreement, acknowledge and agree that they have carefully read and understand all provisions of this Agreement, and that they have entered into this Agreement knowingly and voluntarily. The Skows further acknowledge that the City has advised them to consult with legal counsel before signing this Agreement, and that the Skows have consulted with or had the opportunity to consult with legal counsel before signing this Agreement. 12. TITLES OF ARTICLES AND SECTIONS. Any titles of the several parts and sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing and interpreting any of its provisions. 3 370295v4 RAA BE295-2I 6 13. COUNTERPARTS This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument 14. SEVERABILITY In case any one or more of the provisions of this Agreement shall be invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement will not in any way be affected or impaired thereby. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the dates written below. JEANETTE O. SKOW AND HARVEY ALLEN SKOW Jeanette O. Skow Harvey Allen Skow CITY OF LAUDERDALE By: Jeffrey Dains, Mayor By: Heather Butkowski, Cleric 4 370295v4 RAA BE295-216 Date Date Date Date EXHIBIT A (Easement Agreement) 3702950 RAA BE295-216 A-1 July 15, 2011 Harvey A. Skow 1931 Carl Street Lauderdale, MN 55113 RE: Variance Application for Retaining Wall Dear Mr. Skow: CITY OF LAUDERDALE LAUDERDALE CITY HALL 1891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 651-631-2066 FAX The City of Lauderdale received your application for a variance to construct a retaining wall on July 1, 2011. In addition to various sketches, your application indicates that you are seeking a variance "to allow construction of a retaining wall up to 8.5" into alley ROW." City code requires that retaining walls maintain a minimum setback of 2' from all property lines so a variance is needed to support your project. The maximum variance the city could normally grant is to reduce the required setback from 2' to 0' (the property line). However, you and the city have entered into a settlement agreement whereby "the retaining wall may be constructed in alignment with the retaining wall on the property to the North of the Skows' and will extend directly south therefrom." The retaining wall on the property to the north runs at a slight northwest/southeast angle. One interpretation of the settlement agreement is that you be allowed to build your retaining wall on an identical alignment which would result in the wall extending into your property as it moves south. Another interpretation is that you be allowed to construct your retaining wall southerly from the point the neighbor's wall intersects your property line. That point may encroach slightly into the alley right-of-way but not by 8.5". To order to avoid requiring you to obtain a survey of this area, the city is willing to adopt the second interpretation above if you agree to modify your variance request accordingly. The purpose of this letter is to seek your consent to modify your variance request as outlined above. If that is acceptable to you, please countersign this letter and return it to me by no later than 4:00 p.m. on July 21, 2011. If I have not received your letter by that date, the city will process your application as originally stated. Because your request as currently stated exceeds the terms of the settlement agreement, staff will recommend denial of the application and, in my judgment, the city council is not likely to approve it. As you are aware, the settlement agreement gives you only until September 1, 2011 to complete the construction of your retaining wall. If you agree to modify your request as proposed and the variance is approved by the city council, you will be allowed to build your retaining wall between your north property line and your garage but the wall must be constructed entirely to the east of a line running from the point your neighbor's retaining wall intersects your property line to a point 3.0 feet from the northwest corner of your garage. Sincerely, Heather Butkowski City Administrator I consent to the modification of my variance request as outlined above. Harvey A. Skow Date Heather Butkowski From: hskow43@comcast.net Sent: Sunday, July 17, 2011 10:59 PM To: Heather Butkowski Cc: Harvey Skow Subject: Variance modification Attachments: Variance PL dim.docx Heather, I'm attaching a response to your request to modify my variance request. I hope this can get approved as per the settlement agreement, by Sept. 1, and that you will not continue to deny and delay what the city has formally agreed to. Thanks Harvey July 17, 2011 Heather, Regarding my variance application; 1. From the survey that I have, dated 12/18/06 the distance from the SW cor. of my neighbor's garage to the property line is 3.2'. My measurement to the West edge of the neighbor's retaining wall was 3.2' plus 8.5". You say it's not 8.5". I'd be happy to measure it again in your presence, but I see no reason to change my plan dimensions based on your unsubstantiated denial of my measurements. 2. The agreement states that the wall will extend directly south therefrom. Directly south means that it would be parallel with the property line and 8.5" W of the property line for its entire length. 3. The survey shows that the NW cor. of my garage is 3.0' from the property line. The wall extended directly south from my neighbor's retaining wall would therefore be 3' 8.5" from the NW cor. of my garage, not the 3.0' that you suggest. Unless I'm mistaken, directly south means it is the same bearing as the property line and parallel to it. 4. My request is fully in compliance with the settlement agreement and, these very issues were considered by your attorney, and discussed with me prior to his preparation of the settlement agreement. I'd be happy to change my 8.5" dimension to whatever you say the actual dimension is, but I will not agree to angle my retaining wall to the East towards my property. With all due respect I think your recommendation is not in accordance with the settlement agreement. If the council decides to not approve my request, I would appreciate a letter giving their reasons so I can forward it to the judge. Given the council's past performance, I'd say it is likely that they will not approve it even though it defies a legally binding agreement. Give me a call if you want to meet me to take measurements. Sincerely, Harvey A. Skow 1931 Carl St. Lauderdale, MN 55113 651-636-1258 hskow@mac.com 0 FOUND Ys" PINCH-, X GARAGE FOUND h" PINCH -A V� X10 .0 l GARAGE 1+ 1.0 x-3.2 12 12 x-4.0 ---280.64-- POWER POLE Sv f r� POWER POLE 19 1.8 FOUND J2" IRON PIPE -f 18 - - FOUND Y2" OPE 0. J GARAGE 17 <J o. 0.6-- POWER POLE 11.0 o 16 0.6-- 7 y 12.2 GARA�� 15 4. 1.4-- 14 1.2-- OUND Yz" OPEN POWER POLE 2.9 M 13 GARAGE 3.1 1.9-- 0 FOUND Ys" PINCH-, X GARAGE FOUND h" PINCH -A V� X10 .0 l GARAGE 1+ 1.0 x-3.2 12 12 x-4.0 ---280.64-- POWER POLE Sv f r� J �j 6 f1.3\ 11.0 o GARAGE 7 12.2 0 FOUND Ys" PINCH-, X GARAGE FOUND h" PINCH -A V� X10 .0 l GARAGE 1+ 1.0 x-3.2 12 12 x-4.0 ---280.64-- POWER POLE Sv f r� Heather Butkowski From: Heather Butkowski Sent: Thursday, August 04, 2011 4:06 PM To: 'Harvey Skow' Subject: variance Harvey, As I mentioned on the phone, we have differing interpretations of what the settlement agreement says. That is why I contested your 8.5" measurement. I now understand that your understanding is that the agreement would allow you to align the retaining wall at the western base of the wall. Our understanding was the wall would be in alignment as measured from the top of the wall. I remember suggesting some tweaks to the settlement language so it would be clearer and I was told you wouldn't agree to any language changes. It appears we now find ourselves in a situation where we have different interpretations of what the agreement says. There are two things I find of greatest concern, the future realignment of the southern portion of the alley and the cutting away of the existing asphalt. As the alignment of the alley will have to be reconsidered in 30 years or less per the agreement, I am looking ahead to how we get there and guaranteeing that the portion that is realigned will be adequate to safely serve those that live on your block. I worry that your wall narrowing the alley and jutting into the alley would be a hazard. Similarly, I am concerned by your request to cut away the asphalt between your garage and that of your neighbor's. Since that section of asphalt doesn't encroach on your property, I don't understand the desire to spend the extra money and time cutting it away. Aside from that, the alley already seems too narrow for garbage trucks and I wouldn't be surprised if a vehicle hit your wall depending on how much snow and ice we have and if your wall is visible to them. That is part of the reason why retaining walls now have to be two feet from the property line. However, the retaining wall is yours and you must be willing to take the chance that will happen if you are requesting to build the wall there. My goal is to come to an understanding before the variance hearing on August. 13. Staff would support your request to construct your wall starting at the bottom of the neighbor's wall and along the edge of the asphalt on the condition that you agree not to remove any of the alley asphalt in that location and that you acknowledge responsibility for any damage to your wall due to its encroachment into the alley. Those conditions would be included in the resolution or other approval documents issued by the city. I am optimistic that the city council would go along with any agreement we came to in advance. In the alternative, you may pursue the request as expressed in your current application without those conditions. I am uncertain what the council's response would be in that event since they believe the city agreed to grant you a variance for the wall, not an encroachment into the alley and they will have the same concerns as I have expressed above. I am hopeful that we can reach an amicable resolution to this matter to avoid additional delay and expense. Give me a call or send me an email after you have given this some thought. Also, a couple of weeks ago you asked me for a summary of the street excavation ordinance discussion. I have copies of the emails you sent and copies of the correspondence from the police department and the prosecuting attorney, all of which you received. That is the extent of the records I have on the issue. Take care, Heather Butkowski City Administrator 1891 Walnut Street Lauderdale, MN 55113 651.792.7657 fax 651.631.2066 heather. butkowskiaci.laud erdale.mn.us LAUDERDALE COUNCIL E: ACTION FORM Action Requested Consent Public Hearing Discussion X Action X_ Resolution Work Session Meeting Date August 9, 2011 ITEM NUMBER Roseville Baseball Agreement STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Attached is the city attorney reviewed baseball field improvement agreement with the Rose- ville Youth Baseball Association. The agreement allows them 10 years of preferential use in exchange for the improvements. If approved, we would start working with the Association on bids for the fencing and dirt work. OPTIONS: 1. Approve, amend, or do not approve the agreement. STAFF RECOMMENDATION: Motion to approve the Lauderdale Community Park Baseball Field Improvements Agree- ment between the City of Lauderdale and Roseville Area Youth Baseball. COUNCIL ACTION: LAUDERDALE COMMUNITY PARK BASEBALL FIELD IMPROVEMENTS AGREEMENT BETWEEN CITY OF LAUDERDALE AND THE ROSEVILLE AREA YOUTH BASEBALL This Agreement is made and entered into this day of 2011, by and between the City of Lauderdale (hereinafter called the "City"), a municipal corporation of Minnesota located at 1891 Walnut Street, Lauderdale, MN 55113, and the Roseville Area Youth Baseball (hereinafter called the "Association"), a non-profit corporation of Minnesota located at 2660 Civic Center Drive, Roseville, MN 55113. RECITALS WHEREAS, the Association is engaged in activities which are a benefit and service to residents of the City and which enhance the quality of life of the City; and WHEREAS, Lauderdale Community Park Baseball Field is owned, operated and maintained by the City; and WHEREAS, the Association organizes youth baseball teams that would like to utilize the Lauderdale Community Park Baseball Field; and WHEREAS, both the City and the Association desire to make improvements to the Lauderdale Community Park Baseball Field including player protection fencing and infield improvements (hereinafter called the "Project"); and WHEREAS, the Association agrees to raise funds to create these improvements; and WHEREAS, the City agrees to allow the Association to schedule their practices and games in advance of other potential baseball field users each year. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: I. CONCEPT DESIGN WORK A. The Association will prepare a concept for the improvements, with the assistance of city staff, if requested. The concept design work, at a minimum, shall include a site plan and construction cost estimates. B. The concept design work shall be considered the first phase of the Project. The concept will be submitted to the Lauderdale City Council for comment and approval. This work must be completed prior to the actual construction of the Project. Approval will be granted contingent upon the entire project funding being secured by the Association pursuant to the conditions set forth in Paragraph V.B. Approval will not be unreasonably withheld by the Lauderdale City Council. II. FUNDRAISING GUIDELINES A. The Project fundraising account shall be managed by the Association per the conditions and terms of this Agreement. B. All proceeds from the project fundraising account shall be donated to the City, subject to the conditions of paragraph II.E. of this agreement, prior to the second phase of the Project; the actual construction of the Project. The proceeds shall be held by the Association in trust until the total amount required to complete the Project has been obtain, at which time the City shall formally accept the donation from the Association by action of the Lauderdale City Council. C. The parties agree that Lauderdale City Council shall have full and final authority to use of the fundraising proceeds for the design, materials, and construction of the Project. D. The City shall have final approval authority of all signage, including signage thanking donors so as to avoid the risk of an explicit or implicit City endorsement of a products or services. The City shall work with corporate donors regarding their signage needs and work in good faith to meet those needs. The City understands that failing to meet the signage needs of one of more corporate donor may have the effect of the donor withdrawing their financial support of the Project. E. In the event that the fundraising account does not reach the amount necessary to fully fund the project, the City and Association will meet to resolve the shortcoming by one of the following methods: 1. Either party may make a contribution to the fundraising account which is equal to the amount of the shortfall; 2. Both parties may make a contribution to the fundraising account which collectively is equal to the amount of the shortfall; 3. The parties may agree to extend the fundraising period in order to allow for more time to raise the required funds from private sources to proceed with the Project; 4. The parties may agree to terminate the project and have the Association handle the disposition of the funds — which may include the return of those funds to those individuals and entities that have contributed to the project; or 2 In the event that the parties cannot reach an agreement on how to resolve the shortcoming, the project shall be terminated and the funds shall be treated in the same method as provided in Paragraph ILEA. III. MATERIALS AND CONSTRUCTION A. Prior to the second phase, the Association shall solicit bids or price quotes for the materials and construction of the Project. B. The City shall select from the provided bids and adhere to the costs, timing and scope of the mutually agreed upon concept design and budget. C. The Lauderdale City Council shall be responsible for contracting with the selected vendors and contractors, insuring the Project and take on any and all other obligations that generally accompany projects of like kind. D. The parties agree that the Lauderdale City Council shall have full and final authority to award contracts for the construction of the Project. The construction shall be considered the second phase of the Project. E. The Association and city staff will work together to see that field improvements meet the desired outcome. IV. MISCELLANEOUS A. The City agrees to allow the Association to schedule their practices and games from Monday through Thursday from 5:00 p.m. to 9:00 p.m. from April through July, as well as Sunday evenings when not scheduled by the City, at Lauderdale Community Park Baseball Field each year before allowing other teams, groups, or individuals to schedule their events. The Field must be scheduled by April 1 of each year. If the Association does not schedule by April 1, the City may schedule to other interested parties. This scheduling arrangement will cease to exist December 31, 2021. The arrangement may be extended at the consent of both parties. Should either party terminate or revoke the agreement, the Association's obligations with regard to the Project shall also terminate. B. The parties agree to comply with all federal, state, and local laws, rules, and regulations in performance of the Agreement. The parties agree that the laws of the State of Minnesota shall govern this document. C. Any material alterations, variations, modifications or waivers or provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment to this Agreement and signed by both parties. 3 D. A party may not assign or otherwise dispose of any portion of this Agreement except with the written consent of the other party. The consent to assign or otherwise dispose of any portion of this Agreement shall not be construed to relieve a party of any responsibility for the completion of the Agreement. E. The Association, its teams and coaches shall abide by all City park rules and terms and conditions of this Agreement. Failure to comply with such rules and requirements may result in the alteration or revocation of this Agreement. F. The sale of food and beverages during Association use of premises is prohibited unless separate agreement or license is granted by the City. G. The use of the ball fields by the Association does not preclude the use of the surrounding areas by the public and all teams shall be respectful of such uses. H. The City will perform regular lawn mowing and periodic dragging of the baseball field. City staff does not prepare fields for any particular use. I. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Association's staff as the agents, representatives, or employees of the City for any purpose in any manner whatsoever. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the City's staff as the agents, representatives, or employees of the Association for any purpose in any manner whatsoever. K. The Association agrees to defend, indemnify and hold harmless the City, its officials, employees and agents from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from any negligent act, omission or willful misconduct of the Association (including its officials, employees, members, agents, consultants, contractors, volunteers, or invitees) occurring in connection with any work or activity performed pursuant to this Agreement. L. The City agrees to defend, indemnify and hold harmless the Association, its officials, employees and agents from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from any negligent act, omission or willful misconduct of the City (including its officials, employees, members, agents, consultants, contractors, volunteers, or invitees) occurring in connection with any work or activity performed pursuant to this Agreement. 0 M. Upon request, and no more frequently than bi-annually, the Association must provide the City a copy of its Certificate of Liability prior to its first practice or game, which must name the City as an additionally insured. (Such policy may not be less than $1,000,000). N. All notices required to be given by either party hereunder shall be in writing and sent by registered or certified mail, return receipt requested, to the following address: City: City of Lauderdale c/o City Administrator 1891 Walnut Street Lauderdale, MN 55113 Association: Roseville Youth Baseball Association 2660 Civic Center Drive Roseville, MN 55113 O. Both parties agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1536 University Avenue, St. Paul, Minnesota, 55104. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is not successful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. P. This Agreement represents the entire Agreement between the Association and City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; any amendments addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing signed by all parties or their respective successors in interest. Q. Severability. In case any one or more of the provisions contained in this Agreement shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. R. Entire Agreement. This Agreement and the attached exhibit shall constitute the entire agreement between the City and the Association, and supersedes any other written or oral agreements between the City and the Association on matters covered hereby. Counterparts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. T. Effective Date. The effective date of this Agreement shall be the date on which itis executed by the second party to sign. This Agreement shall not become effective until it has been executed by both parties to the Agreement. V. TERMINATION A. The City reserves the right to cancel this Agreement at any time in event of default or material violation by the Association of any provision of this Agreement. However, the City may not cancel this Agreement without the Association first exhausting its resolution process for issues that arise. The Agreement may not be canceled without the Project leads, City Administrator, and President for the City and Association respectively or their designees, working together in good faith to resolve any issues. B. In the event either party is unable to complete the project within two years following the execution of this Agreement, the Agreement shall automatically be terminated. In this case, the Association shall make arrangements to refund donations received for the Project to all donors seeking a refund. This period of time may only be extended with the express written agreement of the parties and in the event that substantial compliance has been obtained by the parties and a reasonable extension of not greater than one year will likely result in'the success completion of the project. IN WITNESS WHEREOF, the parties hereto have set forth their hands as of the day and year first written above. ROSEVILLE AREA YOUTH BASEBALL DATED: CITY OF LAUDERDALE DATED: By Kraig Tuominen, Its President LM 0 Jeff Dains, Mayor Heather Butkowski, City Administrator on LAUDERDALE COUNCIL E: ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution Work Session Meeting Date August 9, 2011 ITEM NUMBER Deputy Clerk Position STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Dan Olson will be leaving a week earlier than expected as he is taking a planner position in Canada. As we look ahead to 2012, the budget allows for a part time deputy clerk. There is always the risk that staffing changes may have to take place beyond that but to continue pro- viding the services the Council has discussed, the extra staff is needed (especially in a presi- dential election year). With Council agreement, staff would begin interview the candidates that were interested when the job was posted earlier this year. We anticipate having the Council approve the hire at the last meeting in August or the first meeting in September. Due to time off I plan to take later this year, staff would like to have the person work 40 hours from the date of hire until the end of the year. They would be working 28 hours per week starting in January. This would entitle them to full benefits for the first couple of months. Since the position has been vacant most of the year, there is money in the budget to cover the cost. OPTIONS: STAFF RECOMMENDATION: Motion to allow staff to continue the deputy clerk search as presented. COUNCIL ACTION: LAUDERDALE COUNCIL E : ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date August 9, 2011 ITEM NUMBER _2012 Budget STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: I spent about 45 minutes talking to the county tax supervisor trying to find out what Lauder- dale could expect for assessed values, fiscal disparity revenue, and so on. He summed it up best when he said the numbers are squishy. It normally takes the county until late August to prepare these figures for us. With the decision making delays, it is going to take longer and we may not have all the information we would like before setting the tax levy in September. I updated the budget. It shows our "promised" 2012 LGA of $516,153, factored in the same amount of fiscal disparities revenue, and removed the MVHC reduction. The proposed levy looks significantly less than last year but that is a factor of the MVHC change. The reduc- tion actually is showing close to a 0% increase. You will notice the anticipated revenues are about $36,000 higher than anticipated expenses. That is due to the shifting of salaries and other costs to the recycling and communication funds. In previous years, staff costs had been shifting to the sewer funds to more accurately account for how staff time is spent. This budget reflects the cost of a part time deputy clerk made possible by no further reduc- tions to LGA than anticipated. OPTIONS: We can discuss further during the meeting. This is just a very preliminary look at the num- bers for next year based on what we know to date. STAFF RECOMMENDATION: COUNCIL ACTION: ''. Heather ButkoVvski HnntharBudknwski Thursday, August U4,20110:58AM 'thezark' Su RE: Concerned about liquor store I will add your email tothe council packet for next Tuesday's meeting. This month the Council meets onAugust gand 30 with the Community Meeting onAugust I4. . I just want to clarify one thing. The discussion will not be about whether there should be a liquorstnreinLaVdenda|e; it Will be,about whether the City should establish amunicipal liquor store. Currently, aprivate entity (or entities) may n,a.liquor store inthe business district. |fthe City opened aliquor store, noprivate entities could ,subsequently open a store. ' '%�tbilihcil will also address taxes and the consolidation topic. They want tohear all ideas. "on home something different tomake upforeidcuts. Homeowners would pay roughly 346Omore to Mak"e"Up for $516,000 in LGA cuts. Thank youfor the comments, Heather Sehtq, 'Wednesday, August 03, ' 20117:15 PM ' TO. *.LAUCouncil Cc: -JIM Bownik; '""""". Concerned about liquor stona � ,Greetings, Council, I am writing as I am very concerned about the cuts that Lauderdale has experienced., While: I,cpn ,appreciate the need for revenue, I would be extremely worried about opening a liquor store. My husband and Irnoved PPre,i,n,-1997 because the neighborhood seemed safe, quiet and clean. I am not sure I can attend the meeting on 8/24 :ano'orn wondering what corner would the store be on, exactly? I live on Eustis Street between LarperiteUrarid lone, and h:aV,p.already experienced a break-in this year. I feel strongly that a liquor store will attract more people who get drunk "tommit crimes. You don't have to sit in a bar to get drunk. You can do it curbside, too! And once you are drunk, you ,st' cuing about things like property and other people's safety. Plep.se,,please, please, do not open a liquor store in Lauderdale. M husband calculated that if every resident paid $179 extra per year it would make up for the shortfall. Isn't that an 'U_tsp1,don'tL understand why consolidation with another city is such a terrible option? Wouldn't it be helpful to band ,togat-her with a city like Falcon Heights? �|sY GENERAL FUND REVENUE 2009 2010 2011 2011 2012 Actual Actual Adopted As of June 30 Proposed CITY LEVIED TAXES 31010 Current Ad Valorem 425,397 411,088 470,047 55,994 441,830 31020 Delinquent Ad Valorem 3,534 1,841 - 10,533 - 31040 Fiscal Disparities 101,843 109,600 110,683 58,012 110,683 SUB TOTAL PROPERTY TAXES 530,775 522,528 580,730 124,539 552,513 STATE AIDE 33401 Local Government Aide 557,218 516,153 519,747 - 516,153 33405 PERA Rate Increase Aide 1,198 1,198 1,198 - 1,198 33406 Market Value Home Credit 28,839 101 (31,811) - - TOTAL STATE AIDE 587,255 517,452 489,134 - 517,351 LICENSES AND FEES 32110 3.2 Alcohol License 150 150 150 - 150 32120 Cigarette License 200 600 400 - 400 32130 Garbage Hauler Licenses 1,170 1,275 750 1,125 1,000 32140 HVAC Licenses 890 1,453 600 650 800 32150 Tree Company License 140 700 300 150 300 32180 Rental License Fee 3,366 4,091 3,000 434 3,000 32240 Animal Licenses 290 390 250 150 250 34101 City Hall/Park Rental 3,945 4,955 2,500 3,680 4,000 43103 Administrative Fee 83 - 200 - - 34105 Sale of Publications - - - - - 34109 Copies 61 51 50 - 50 34114 Advertising sales - 50 - 75 - 34115 Miscellaneous Revenue - - - - - TOTAL LICENSES AND FEES 10,295 13,715 8,200 6,264 9,950 REVENUE OTHER 36100 Special Assessments 9,677 20,918 - 23,315 - 36101 Principal - - - - - 36102 Penalties and Interest 2,182 1,485 - 2,519 - 36103 Tree Removal - - - - - 36200 Miscellaneous Revenue - - -• - - 36211 Investment Interest 11,018 6,492 7,000 5,127 6,000 36230 Donations 3,000 - - - 36231 Dog Park Donations 50 10 - 25 - 36240 State Surcharge - Construction Permits 539 336 250 204 400 36250 Refunds and Reimbursements 3,511 1,140 - - - 36252 LMCIT Insurance Dividend 2,905 3,015 - - - 36255 Miscellaneous - - - - - 39101 Sales Fixed Assets 1 - - - - TOTAL OTHER REVENUE 29,882 36,396 7,250 31,191 6,400 PUBLIC SAFETY 40,547 41,330 34,500 21,399 38,500 PLANNING & INSPECTIONS 20,487 13,674 10,600 5,080 11,900 GENERAL FUND REVENUE 2009 2010 2011 2011 2012 Actual Actual Adopted As of June 30 Proposed TRANSFERS FROM OTHER FUNDS - - - - - TOTAL GENERAL FUND REVENUE 1,219,241 1,145,095 1,130,414 188,473 1,136,614 GENERAL FUND EXPENDITURES Legislative 22,634 24,481 26,193 8,508 26,563 Administrative 168,728 144,697 157,366 62,910 131,230 Audit, Elections, and Legal Services 6,234 46,958 48,857 24,125 50,029 Public Safety Police 582,567 585,398 605,287 299,208 613,695 Fire 35,529 29,232 32,500 24,809 32,500 Prosecution 11,545 - - - - Public Works 92,877 86,632 105,044 45,217 97,852 Planning & Inspections 22,568 46,241 56,322 14,850 50,661 Parks and Recreation 71,716 63,978 64,845 30,808 64,005 Development 1,235 1,648 14000 4,910 14,000 EXPENDITURES BEFORE TRANSFERS 1,015,633 1,029,264 1,110,414 515,346 1,080,535 Contingency - - 20,000 - 20,000 Transfers Out 31,000 112,594 - - - TOTAL GENERAL FUND EXPENDITURES 1,046,633 1,141,858 1,130,414 515,346 1,100,535 2010 2011 2011 2012 Actual Adopted As of June 30 Proposed 13,200 13,200 2009 13,200 LEGISLATIVE (41100) Actual EXPENDITURES 1,010 Personnel 103 - 103 Part-time employees 13,200 122 FICA 1,010 151 Workers Comp 59 500 Subtotal Personnel 14,269 General Operations 930 2,000 201 General Supplies - 202 Permanent Supplies - 203 Postage 84 305 Legal Fees - 308 Training and Conferences - 331 Travel 24 352 Public Notices 292 361 General Liability 5,228 438 Dues and Subscriptions 2,671 439 Special Events - 440 , Meeting Expenses 66 442 Miscellaneous Expenses - Subtotal General Operations 8,365 Capital Equipment 530 Furniture and Equipment - 538 Computer software and Equipment - Subtotal Capital Equipment - TOTAL LEGISLATIVE EXPENSE! 22,634 2010 2011 2011 2012 Actual Adopted As of June 30 Proposed 13,200 13,200 6,600 13,200 1,010 1,010 505 1,010 118 103 - 103 14,328 14,313 7,105 14,313 39 - - - 500 - - - 930 2,000 309 2,000 72 130 - 500 391 700 564 700 5,331 6,000 - 6,000 2,695 2,800 525 2,800 196 250 5 250 10,153 11,880 1,403 12,250 24,481 26,193 8,508 26,563 ADMINISTRATION 2009 2010 2011 2011 2012 & FINANCE (41200) Actual Actual Adopted As of June 30 Proposed EXPENDITURES Personnel 101 Full-time employees 102,536 90,954 93,081 39,419 75,817 104 Temp. employees - - - - - 121 PERA 6,836 6,470 6,748 2,858 5,497 122 FICA 8,004 7,297 7,121 3,117 5,800 131 Benefits (health, dental, etc) 9,272 10,116 11,340 4,650 9,225 142 Unemployment Benefits - 55 - 110 - 151 Workers Compensation 559 965 726 - 591 Subtotal Personnel 127,206 115,857 119,016 50,153 96,930 General Operations 201 General Supplies 1,731 1,899 2,200 174 1,500 203 Postage 1,817 2,626 4,000 1,538 3,000 208 Water cooler water 303 277 450 155 400 301 Auditing 12,904 - - - - 305 Legal contract - Civil 3,567 - - - - 306 Consulting fees (IT Support) 5,440 5,440 5,500 2,720 6,000 307 Computer Services (Banyon) 1,560 1,561 1,600 1,561 1,600 308 Training and conferences 1,004 772 2,000 545 1,500 309 Newspaper - Roseville Review - - - - - 327 Other Services - - - 11 - 331 Travel Expenses 929 765 1,200 204 1,000 352 Public information and notices 726 662 1,500 689 1,000 353 Newletter Printing 2,469 2,438 4,000 1,252 3,000 354 Phonebook Printing - - - - - 355 Miscellaneous printing & process 285 1,000 1,200 120 500 361 General liability 4,652 4,955 5,300 - 5,300 391 Telephones/Fax (City Hall) 1,769 1,666 2,000 899 2,000 401 Copier 379 1,349 2,800 1,414 2,900 404 Computer Repair/Maintenance - - - - - 409 Other equipment repair - - - - - 438 Dues and Subscriptions 1,474 2,491 3,000 1,476 2,600 440 Meeting Expenses 85 159 100 - 200 442 Miscellaneous expenses 78 779 500 - 800 Subtotal General Operations 41,172 28,840 37,350 12,757 33,300 Capital Expenditures 530 Furniture and equipment - - - - - 531 Office equipment - - - - - 534 Office furniture - - - - - 538 Computers and technology 351 - 1,000 - 1,000 Subtotal Capital 351 - 1,000 - 1,000 TOTAL EXPENSES 168,728 144,697 157,366 62,910 131,230 2010 2011 2011 2012 Actual Adopted As of June 30 Proposed 12,440 AUDITING, ELECTIONS, 2009 7,200 AND LEGAL SERVICES (41500) Actual EXPENDITURES 2,500 869 Personnel 277 522 101 Full-time employees 3,724 104 Temp. employees 968 121 PERA 239 122 FICA 296 131 Benefits (health, dental, etc) 198 151 Workers Compensation 35 - Subtotal Personnel 5,461 General Operations 5,100 12,000 201 General Supplies - 300 Legal Services - Prosecution - 301 Auditing - 306 Legal Services - Civil - 327 Other Services 586 331 Travel Expenses - 352 Public information & Notices 96 355 Miscellaneous Fees - 409 Other equipment and repair - 440 Meeting expenses 91 442 Miscellaneous expenses - Subtotal General Operations 774 Capital Expenditures 530 Furniture and equipment - 531 Office equipment - 534 Office furniture - 538 Computers and technology - Subtotal Capital - TOTAL EXPENSES 6,234 2010 2011 2011 2012 Actual Adopted As of June 30 Proposed 12,440 6,952 3,819 7,200 2,242 - - 2,500 869 504 277 522 974 532 292 551 1,486 840 420 900 105 54 - 56 18,116 8,882 4,808 11,729 512 - - 300 10,032 12,000 5,100 12,000 12,880 14,000 12,624 14,000 4,581 12,000 1,456 10,000 432 800 - 600 - 75 - - - 100 - 500 406 1,000 137 700 - - - 200 28,842 39,975 19,317 38,300 46,958 48,857 24,125 50,029 2009 2010 2011 2011 2012 PUBLIC SAFETY (42100) Actual Actual Adopted As of June 30 Proposed REVENUE 34202 False Fire Alarm 424 - 500 - 500 34203 Fire Inspection Fee - - 1,000 - 1,000 34205 Fire Call Reimbursement 1,252 - - - - 35101 Court Fines (including traffic tickets) 38,872 41,330 33,000 21,399 37,000 TOTAL REVENUE 40,547 41,330 34,500 21,399 38,500 EXPENDITURES General Operations 305 Legal Fees - Prosecution 10,152 - - - - 355 Miscellaneous fees - Printing 1,392 - - - - Subtotal Prosecution 11,545 - - - - 318 911 Dispatch - - 9,620 4,009 12,126 319 Police Contract 578,250 578,595 590,167 295,083 596,069 360 General Liability - - 5,000 - 5,000 391 Telephone/Pager - - 442 Miscellaneous Exp. 4,317 6,803 500 116 500 Subtotal Police 582,567 585,398 605,287 299,208 613,695 320 Fire Contract 18,630 17,826 18,000 17,685 18,000 321 Fire Calls 16,475 11,186 13,000 7,124 13,000 322 False Fire Alarms 424 219 500 - 500 323 Fire Inspections - - 1,000 - 1,000 Subtotal Fire 35,529 29,232 32,500 24,809 32,500 TOTAL EXPENSES 629,641 614,630 637,787 324,018 646,195 2009 2010 2011 2011 2012 PUBLIC WORKS (43000) Actual Actual Adopted As of June 30 Proposed EXPENDITURES Personnel 101 Full-time employees 44,294 31,244 27,248 15,111 27,793 102 Overtime/On-Call 2,191 3,030 3,000 2,142 3,000 121 PERA 3,004 2,573 2,193 1,246 2,232 122 FICA 3,516 2,920 2,314 1,384 2,356 131 Benefits (health, dental, etc) 4,702 4,162 4,200 2,333 4,500 151 Workers Compensation 2,097 3,549 2,526 - 2,571 Subtotal Personnel 59,804 47,477 41,481 22,217 42,452 General Operations 202 Permanent Supplies - 305 - 456 - 212 Motor Fuels 1,587 2,500 2,200 1,227 2,500 213 Lubricants and other fluids - - - - - 225 Landscaping Materials 15 - 963 - - 226 Signs - - - - - 227 Tools and Equipment - - - - - 228 Miscellaneous Repairs & Supplies 1,008 457 1,500 818 1,500 304 Engineering Contract - 337 3,000 - 1,000 308 Training and conferences 165 165 400 165 400 313 Snow and Ice Removal Contact 5,207 11,268 15,000 9,195 13,000 314 Street Sweeping Contract 5,062 5,026 6,000 2,045 6,000 317 Tree Service 3,214 3,642 10,000 643 10,000 324 Alley Repair - - 1,000 - 1,000 327 Other Services/ Floor Maintenance 356 328 3,000 1,364 1,500 328 Street Repair - - 500 - - 380 Electricity - Street Lighting 6,168 5,896 6,400 2,890 6,200 381 Electricity 2,457 3,067 3,400 1,326 3,200 382 Water 69 63 100 16 100 383 Gas Utilities 3,075 2,674 4,000 1,708 3,500 384 Refuse Disposal 1,189 1,481 1,600 857 2,000 391 Telephone/Pagers 534 488 500 145 500 402 Truck repair and Maintenance 2,968 1,363 3,800 147 3,000 426 Machinery rental - - - - - 442 Miscellaneous - 96 200 - - Subtotal General Operations 33,073 39,154 63,563 23,001 55,400 Capital Expenditures 530 Furniture and equipment 538 Land Subtotal Capital TOTAL EXPENSES 92,877 86,632 105,044 45,217 97,852 2009 2010 2011 2011 2012 PLANNING & INSPECTIONS (43400) Actual Actual Adopted As of June 30 Proposed REVENUE Other 32210 Building Permits 11,688 9,163 7,000 2,476 8,000 32211 Zoning Permit Applications 1,210 700 200 .450 200 32225 Plan Review 4,692 1,488 2,000 597 2,000 32230 Plumbing Permits 1,236 1,248 600 704 800 32270 HVAC Permits 1,410 975 800 853 900 32280 Street Excavation 100 100 - - - 34110 Variance Fee 150 - - - - 34112 Conditional Use Permit - - - - - 34113 Zoning Amendment - - - - - TOTAL REVENUE 20,487 13,674 10,600 5,080 11,900 EXPENDITURES Personnel 101 Full-time employees 14,686 27,923 31,308 10,997 32,001 121 PERA 963 1,966 2,270 797 2,320 122 FICA 1,169 2,330 2,395 936 2,448 131 Benefits (health, dental, etc) 1,110 3,409 4,410 1,517 4,725 151 Workers Compensation 207 1,224 1,339 - 1,367 Subtotal Personnel 18,136 36,852 41,722 14,248 42,861 General Operations 201 General Supplies - - - - - 202 Permanent Supplies - - - - - 203 Postage 173 219 500 128 300 306 Consulting Fees 452 8,015 10,000 - 5,000 308 Training and conferences 450 450 500 - 500 312 Building Inspector 2,408 35 2,500 - 1,000 327 Other Services - - - - - 331 Travel Expenses - - - - - 355 Miscellaneous Printing - - - - - 386 Gopher State One Call 531 422 600 237 600 442 Miscellaneous expenses - 10 - 175 - 443 Surcharge Report 419 239 500 63 400 Subtotal General Operations 4,432 9,389 14,600 602 7,800 Capital Expenditures 530 Furniture and equipment - - - - - 531 Office equipment - - - - - 534 Office furniture - - - - - 538 Computers and technology - - - - - Subtotal Capital - - - - - TOTAL EXPENSES 22,568 46,241 56,322 14,850 50,661 2010 2011 2011 2012 Actual Adopted As of June 30 Proposed 41,317 37,855 2009 38,526 PARKS AND RECREATION (45200) Actual EXPENDITURES 6,000 Personnel 2,744 1,403 101 Full-time employees 51,253 104 Temp. employees 3,555 121 PERA 3,431 122 FICA 4,322 131 Benefits (health, dental, etc) 5,102 151 Workers Compensation 260 200 Subtotal Personnel 67,923 General Operations 200 107 201 General Supplies 127 202 Permanent Supplies 89 225 Landscaping Materials - 228 Miscellaneous Repairs & Maintenance. 191 317 Tree Service - 370 Park and Ree Expenses 700 371 Non -Resident Reimbursment 429 381 Electric 439 382 Water 172 383 Gas Utility 801 384 Refuse - 391 Telephones and Pagers - 403 Mower repair - 412 Warming House Repair - 427 Porta Potty Rental 767 442 Miscellaneous 78 100 Subtotal General Operations 3,793 Capital Expenditures 5,800 550 Other Improvements - Subtotal Capital - TOTAL EXPENSES 71,716 2010 2011 2011 2012 Actual Adopted As of June 30 Proposed 41,317 37,855 19,351 38,526 4,403 6,000 4,043 6,000 2,960 2,744 1,403 2,793 3,747 3,355 1,876 3,406 4,946 5,880 2,660 6,300 1,309 1,161 - 1,180 58,682 56,995 29,333 58,205 45 200 23 100 32 200 107 100 - 500 - 100 144 250 - 250 700 700 - 700 1,137 1,000 528 1,100 477 700 285 500 173 300 29 200 617 1,200 425 1,000 20 100 21 50 1,275 1,500 - 1,000 33 100 - 100 630 800 58 500 13 300 - 100 5,296 7,850 1,475 5,800 63,978 64,845 30,808 64,005 2009 2010 2011 2011 2012 DEVELOPMENT (48100) Actual Actual Adopted As of June 30 Proposed REVENUE Other - - - - - TOTAL REVENUE - - - - - EXPENDITURES General Operations 306 Consulting Fees 1,235 1,648 14,000 4,910 14,000 442 Miscellaneous expenses - - - - - Subtotal General Operations 1,235 1,648 14,000 4,910 14,000 TOTAL EXPENSES 1,235 1,648 14,000 4,910 14,000 2009 2010 2.011 2011 2012 CONTINGENCY (45300) Actual Actual Adopted As of June 30 Proposed REVENUE Other TOTAL REVENUE EXPENDITURES General Operations 444 CONTINGENCY FUNDS 710 OPERATING TRANSFERS Subtotal General Operations TOTAL EXPENSES - - 20,000 - 20,000 - - 20,000 - 20,000 - - 20,000 - 20,000 2009 TRANSFERS OUT (45400) Actual 2010 2011 2011 2012 Actual Adopted As of June 30 Proposed REVENUE Other - - - - - TOTAL REVENUE - - - - - EXPENDITURES 732 Transfers to 302 31,000 - - - - 733 Transfers to 303 - - - - - 734 Transfers to 304 - - - - - 741 Transfers to 401 - 56,297 - - - 742 Transfers to 402 - - - - - 743 Transfers to 403 - - - - - 744 Transfers to 404 - 56,297 - - - 745 Transfers to 405 - - - - - Total Transfers 31,000 112,594 - - - 2011 LAUDERDALE BUDGET SUMMARY OF FUNDS 201 - 602 Total Expenditures 201 Community Events Fund 2008 2009 2010 2011 2011 2012 202 Communications Fund Actual Actual Actual Adopted As of June 30 Proposed Total Revenues 23,391 32,079 32,079 34,275 10,728 52,941 201 Community Events Fund 3,642 4,874 4,830 3,050 981 2,450 202 Communications Fund 22,431 22,837 20,942 20,500 5,250 20,300 203 Recycling Fund. 41,362 41,967 41,061 41,000 23,813 40,800 302 2000 Imp Debt Fund 48,013 20,524 - - - - 303 2002 Imp Debt Fund 41,424 35,459 31,652 - - - 304 2003 Imp Debt Fund 64,834 59,143 50,924 47,500 22,373 43,907 401 Street Improvement Fund 14,760 10,331 5,421 6,000 3,494 4,500 402 General Capital Impr. Fund 4,320 2,184 1,143 1,500 608 1,000 403 Storm Water Impr. Fund 6,048 4,473 2,346 3,000 1,300 2,000 404 Park Improvement Fund 108,725 3,946 118,570 2,000 871 1,500 405 TIF Project Fund 162,370 165,052 180,089 139,000 87,455 167,000 407 Sewer Improvement Fund 11,277 81,628 5,660 5,500 3,137 4,000 601 Sewer Utility Fund 229,104 234,715 242,590 245,000 136,440 244,500 602 Storm Water Utility Fund 69,192 49,142 54,092 50,700 29,756 55,500 Revenue Before Transfers 827,502 736,274 759,320 564,750 315,478 587,457 Transfers 291,329 612,594 - 68,381 Total Revenues 827,502 1,027,604 1,371,914 564,750 383,859 587,457 Total Expenditures 201 Community Events Fund 4,329 3,616 3,616 3,550 651 2,650 202 Communications Fund 15,374 29,277 29,277 29,669 11,998 38,541 203 Recycling Fund 23,391 32,079 32,079 34,275 10,728 52,941 302 2000 Impr. Debt Fund 122,080 455,481 455,481 - - - 303 2002 Impr. Debt Fund 150,256 145,798 145,798 526,950 526,936 - 304 2003 Impr. Debt Fund 118,608 116,350 116,350 116,205 108,884 113,130 401 Street Improvement Fund 69,213 12,189 12,189 - - - 402 General Capital Impr. Fund 90,000 - - 31,000 29,714 - 403 Storm Water Impr. Fund 32,316 - - - - - 404Park Improvement Fund 81,110 6,735 6,735 44,000 (1,500) - 405 TIF Project Fund 738 747 747 1,000 1,000 407 Sewer Improvement Fund - - - - - 601 Sewer Utility Fund 212,687 228,570 228,570 243,629 100,517 243,629 602 Storm Water Utility Fund 36,424 43,293 43,293 66,000 15,390 61,949 Expenditures Before Transfers 956,526 1,074,134 1,074,134 1,096,278 803,318 513,840 Tranfers 260,329 500,000 - 68,381 Total Expenditures 956,526 1,334,463 1,574,134 1,096,278 871,699 513,840 Surplus/(deficit) (129,025) (306,860) (202,220) (531,528) (487,839) 73,617 Community Events Fund 201 Fund Balance Gain/Loss (686) 1,258 1,580 (500) 330 (200) 39200 Transfers In - - - - - 710 Transfers Out - - - - - Ending Fund Balance 2,800 .4,058 5,638 5,138 5,967 4,938 DEPT. 45600 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of June 30 Proposed BEGINNING BALANCE 3,486 2,800 4,058 5,638 5,638 5,138 REVENUES: 34785 Fun Run / Walk - - - 100 - - 34786 Winter Event 609 396 33 - 31 - 34787 Garage Sale - 50 - 50 - 50 34788 Day in the Park 1,683 1,904 3,219 1,500 400 1,000 34789 Music under the trees - 448 434 400 412 400 34790 Other Events - March Dance - - - - - 34791 Pop Sales - - - - - 34792 T -Shirt Sales 150 330 97 100 27 100 34795 Halloween Donations 779 825 854 700 - 700 36211 Investment Interest 129 121 69 100 41 100 36230 Donations 30 - - - 36255 Misc. 293 769 124 100 70 100 Total Revenues 3,642 4,874 4,830 3,050 981 2,450 EXPENDITURES: 201 General Supplies - 5 - - - - 202 Permanent Supplies 43 100 - 100 40 100 368 Fun Run / Walk - - 100 100 - - 369 Music Under the Trees 535 200 600 400 400 400 370 Other Events - March Dance - - - - - - 373 T -Shirts 353 - - - - - 375 Winter Event 1,011 192 250 250 150 250 376 Garage Sale 34 - - - - - 377 Day in the Park 1,500 1,800 1,400 1,800 - 1,000 378 Night Out 103 119 150 150 - 150 379 Halloween Event 496 518 450 500 - 550 437 Sales Tax - - - - - - 430 Misc. - 491 - - - - 440 Meeting Expenses 254 191 300 250 61 200 Total Expenditures 4,329 3,616 3,250 3,550 651 2,650 Fund Balance Gain/Loss (686) 1,258 1,580 (500) 330 (200) 39200 Transfers In - - - - - 710 Transfers Out - - - - - Ending Fund Balance 2,800 .4,058 5,638 5,138 5,967 4,938 Communications Fund 202 201 DEPT. 49500 2008 2009 2010 2011 2011 2012 131 Group Insurance Actual Actual Actual Adopted As of June 30 Proposed 378 BEGINNING BALANCE 36,667 43,724 37,284 33,712 33,712 24,543 - REVENUES: 86 120 - 179 7,913 7,846 36253 Franchise Fees 21,278 21,632 20,576 20,000 5,050 20,000 36250 Refunds & Reimbursements 444 262 - - - - 36211 Investment Interest 1,153 942 366 500 200 300 33600 Grants 4,888 - - - - - - Total Revenues 22,431 22,837 20,942 20,500 5,250 20,300 201 EXPENDITURES: 101 Reg. Full Time Employees 121 PERA Contributions 122 FICA Contributions 131 Group Insurance 151 Workers Comp 593 Personnel costs 201 General Supplies 202 Permanent Supplies 307 Web Hosting 327 Other Service 329 Cable Franchise Fee 530 Furniture and Equipment 593 Operating Costs 6,230 6,307 10,678 15,360 4,604 22,900 473 426 752 1,114 334 1,660 593 510 869 1,175 378 1,752 618 576 1,191 2,100 585 3,150 - 27 86 120 - 179 7,913 7,846 13,576 19,869 5,900 29,641 - 5 85 100 - - 444 444 444 600 500 600 1,993 3,501 2,837 2,800 709 3,000 5,023 5,069 5,214 5,300 4,888 5,300 - 12,411 2,358 1,000 - - 7,460 21,430 10,938 9,800 6,097 8,900 Total Expenditures 15,374 29,277 24,514 29,669 11,998 38,541 Fund Balance Gain/Loss 7,057 (6,440) (3,572) (9,169) (6,748) (18,241) 39200 Transfers In - - - - - 710 Transfers Out - - - - - - Ending Fund Balance 43,724 37,284 33,712 24,543 26,964 6,302 Recycling Fund 203 Fund Balance Gain/Loss 17,971 9,889 10,218 6,725 13,085 (12,141) 39200 Transfers In - - - - - - 710 Transfers Out' - - - - - - Ending Fund Balance 78,000 87,889 98,106 104,831 100,973 92,690 DEPT. 50000 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of June 30 Proposed BEGINNING BALANCE 60,029 78,000 87,889 98,106 87,889 104,831 REVENUES: 36100 Recycling Fee 34,698 35,215 35,113 35,000 18,365 35,000 36102 Penalties & Interest 71 62 35 - 33 - 33622 SCORE Grant 4,758 4,866 4,926 5,000 4,750 5,000 36211 Investment Interest 1,811 1,824 987 1,000 652 800 36255 Other 24 - - - 12 - Total Revenues 41,362 41,967 41,061 41,000 23,813 40,800 EXPENDITURES: 101 Reg. FT Employees 3,545 2,949 5,687 5,606 2,695 20,026 121 PERA Contributions 283 201 400 406 195 1,452 122 FICA Contributions 356 244 478 429 231 1,532 131 Group Insurance 362 256 625 840 375 2,925 151 Workers Comp - 8 42 44 - 156 Personnel costs 4,546 3,658 7,232 7,325 3,496 26,091 202 Permanent Supplies - - 95 100 - - 327 Other Service 339 339 332 350 - 350 389 Recycling Contract 18,506 28,082 23,185 26,500 7,231 26,500 Operating Costs 18,845 28,421 23,611 26,950 7,231 26,850 Total Expenditures 23,391 32,079 30,843 34,275 10,728 52,941 Fund Balance Gain/Loss 17,971 9,889 10,218 6,725 13,085 (12,141) 39200 Transfers In - - - - - - 710 Transfers Out' - - - - - - Ending Fund Balance 78,000 87,889 98,106 104,831 100,973 92,690 2003 Improvements Debt Service Fund 304 DEPT. 47400 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of June 30 Proposed BEGINNING BALANCE 478,218 424,444 367,236 404,217 404,217 335,512 REVENUES: 36102 Penalties & interest 12,852 10,458 4,535 9,000 3,528 6,907 36211 Investment Interest 12,784 8,690 4,484 4,000 2,179 3,000 36100 Special Assessments 39,197 39,995 41,906 34,500 16,667 34,000 Total Revenues 64,834 59,143 50,924 47,500 22,373 43,907 EXPENDITURES: 601 Bond Principal 95,000 95,000 95,000 100,000 100,000 100,000 611 Bond Interest 22,961 20,705 18,211 15,405 8,453 12,330 621 File Maintenance Charges 647 645 733 800 431 800 Total Expenditures 118,608 116,350 113,944 116,205 108,884 113,130 Fund Balance Gain/Loss (53,775) (57,207) (63,019) (68,705) (86,510) (69,223) 39200 Transfers In - - 100,000 - - - 710 Transfers Out - - - - - - Ending Fund Balance 424,444 367,236 404,217 335,512 317,707 266,289 Street Improvement Fund 401 DEPT. 48401 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of June 30 Proposed BEGINNING BALANCE 454,662 400,208 398,350 460,068 460,068 466,068 REVENUES: 36211 Investment Interest 14,243 10,232 5,326 6,000 3,117 4,500 36200 Miscellaneous Revenue 517 99 95 - - - 36102 Penalties & Interest - - - - - - 36100 Special Assessments - - - - 377 - Total Revenue 14,760 10,331 5,421 6,000 3,494 4,500 EXPENDITURES: 328 Street Repair 49,712 4,320 - - - - Street Reconstruction - - - - - - Streetscaping - - - - - 304 Engineering 19,502 7,869 - - - - Trees - - Total Expenditures 69,213 12,189 - - - - Fund Balance Gain/Loss (54,454) (1,858) 5,421 6,000 3,494 4,500 39200 Transfers In - - 56,297 - - - 710 Transfers Out - - - - - - Ending Fund Balance 400,208 398,350 460,068 466,068 463,562 470,568 General Capital Improvement Fund 402 DEPT. 48000 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of June 30 Proposed BEGINNING BALANCE 168,981 83,301 85,485 86,628 86,628 57,128 REVENUES: 36211 Investment Interest 4,320 2,184 1,143 1,500 608 1,000 Depreciation - - - - - 39999 Other - - - - - - Total Revenue 4,320 2,184 1,143 1,500 608 1,000 EXPENDITURES: 510 Land - - - - ' 520 Buildings - - - 1,000 - - 521 City Garage - - - - - 523 Warming House - - - - - 530 Furniture & Equipment - - - - - - 531 Office Equipment - - - - - 532 Copier - - - - - 535 HVAC - - - - - 538 Computers - - - - - 540 Machinery & Equipment - - - - - 543 Tractor - - - 30,000 29,714 - 550 Other Improvements - - - - - 560 Vehicle - - - - - 562 Truck - - - - - - Total Expenditures - - - 31,000 29,714 - Fund Balance Gain/Loss 4,320 2,184 1,143 (29,500) (29,105) 1,000 39200 Transfers In - - - - - 710 Transfers Out 90,000 - - - - Ending Fund Balance 83,301 85,485 86,628 57,128 57,523 58,128 Storm Sewer Improvement Fund 403 DEPT. 48403 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of June 30 Proposed BEGINNING BALANCE 197,249 170,981 175,454 177,800 177,800 180,800 REVENUES: 37300 Storm Sewer Fee - - - - - - 36211 Investment Interest 6,048 4,473 2,346 3,000 1,300 2,000 39999 Other - - Total Revenues 6,048 4,473 2,346 3,000 1,300 2,000 EXPENDITURES: 101 Reg. FT Employees - - - - - 102 On -Call Pay - - - - 121 PERA Contributions - - - - - 122 FICA Contributions - - - - - 131 Group Insurance - - - - - 151 Workers Compensation - - - - - Personnel Costs - - - - - - 304 Engineering 11,816 - - - - 327 Other Services - - - - - 442 Misc 500 - - - - - 444 Contingency Funds - - - - - 554 Storm System Repairs - - - - - Operating Costs 12,316 - - - - Total Expenditures 12,316 Fund Balance Gain/Loss (6,268) 4,473 2,346 3,000 1,300 2,000 39200 Transfers In - - - - - 710 Transfers Out 20,000 - - - - - Ending Fund Balance 170,981 175,454 177,800 180,800 179,100 182,800 Park Improvement Fund 404 DEPT. 48404 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of June 30 Proposed BEGINNING BALANCE 123,844 151,458 148,669 187,295 187,295 145,295 REVENUES: 33130 Grants - - 60,000 - - - 36230 Donations - - - - - - 36211 Investment Interest 4,065 3,946 2,273 2,000 871 1,500 Total Revenues 4,065 3,946 62,273 2,000 871 1,500 EXPENDITURES: 304 Engineering 17,718 382 - - - - 510 Land - - - - - - 524 Picnic Shelter - - - - - - 525 Playground - - 79,945 34,000 (1,500) - 526 Park Path - - - - - - 527 Gen. Park Improvements 63,392 6,353 - 10,000 - - 528 Court Improvements - - - - - Total Expenditures 81,110 6,735 79,945 44,000 (1,500) - Fund Balance Gain/Loss (77,046) (2,789) (17,672) (42,000) 2,371 1,500 39200 Transfers In 104,660 - 56,297 - - - 710 Transfers Out - - - - - - Ending Fund Balance 151,458 148,669 187,295 145,295 189,666 146,795 TIF Project Fund 405 EXPENDITURES: 101 FT Employees - - - - - - 121 PERA Contribution - - - - - - 122 FICA Contribution - - - - - - 131 Group Insurance - - - - - - 133 Life Insurance - - - - - - Total Personnel Costs - - - - - - 304 Engineering - 305 Legal Fees - - - - - - 327 Other Services 738 747 2,210 1,000 - 1,000 325 Other Imp. (Larpenteur) - - - - - - General Operating Costs 738 747 2,210 1,000 - 1,000 Total Expenditures 738 747 2,210 1,000 . - 1,000 Fund Balance Gain/Loss 161,632 164,305 177,878 138,000 87,455 166,000 39200 Transfers In - - - - - - 710 Transfers Out - 260,329 500,000 - 68,381 - Ending Fund Balance 629,840 533,815 211,694 349,694 230,768 396,768 DEPT. 48500 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of June 30 Proposed BEGINNING BALANCE 468,208 629,840 533,815 211,694 211,694 230,768 REVENUES: 36211 Investment Interest 17,471 15,800 5,074 4,000 1,422 2,000 31050 Tax increment 137,953 141,815 167,422 135,000 84,219 165,000 31051 Delinquent Tax increment 1,959 1,879 1,781 - 1,815 - 33406 TIF Mrkt Value Homestead Crdt 4,987 5,558 5,812 - - - Total Revenues 162,370 165,052 180,089 139,000 87,455 167,000 EXPENDITURES: 101 FT Employees - - - - - - 121 PERA Contribution - - - - - - 122 FICA Contribution - - - - - - 131 Group Insurance - - - - - - 133 Life Insurance - - - - - - Total Personnel Costs - - - - - - 304 Engineering - 305 Legal Fees - - - - - - 327 Other Services 738 747 2,210 1,000 - 1,000 325 Other Imp. (Larpenteur) - - - - - - General Operating Costs 738 747 2,210 1,000 - 1,000 Total Expenditures 738 747 2,210 1,000 . - 1,000 Fund Balance Gain/Loss 161,632 164,305 177,878 138,000 87,455 166,000 39200 Transfers In - - - - - - 710 Transfers Out - 260,329 500,000 - 68,381 - Ending Fund Balance 629,840 533,815 211,694 349,694 230,768 396,768 Sewer Improvement Fund 407 DEPT. 48407 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of June 30 Proposed BEGINNING BALANCE 330,380 341,657 423,285 428,944 428,944 434,444 REVENUES: 36211 Investment Interest 11,277 9,128 5,660 5,500 3,137 4,000 36100 Special Assessments - - - - - - 37240 Sewer Connections - 72,500 - - - - Total Revenues 11,277 81,628 5,660 5,500 3,137 4,000 EXPENDITURES: 304 Engineering - - - - 544 Other - - - - - Total Expenditures Fund Balance Gain/Loss 11,277 81,628 5,660 5,500 3,137 4,000 39200 Transfers In - - - - - - 710 Transfers Out - - - - - - Ending Fund Balance 341,657 423,285 428,944 434,444 432,081 438,444 Sanitary Sewer Enterprise Fund 601 DEPT. 49000 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of June 30 Proposed BEGINNING BALANCE 201,790 218,207 224,352 233,066 233,066 234,437 REVENUES: 37210 Sewer Charges 224,682 226,671 240,056 242,000 134,763 242,000 36211 Investment Interest 4,422 4,369 2,534 3,000 1,678 2,500 36250 Refunds/Reimbursements - - - - - - 37230 Penalties - - - - - 36255 Miscellaneous - - - - - 37240 Sewer Connections - 3,675 - - - - 39101 Sale of Assets - - - - - - Total Revenues 229,104 234,715 242,590 245,000 136,440 244,500 EXPENDITURES: 101 Reg. FT Employees 17,451 22,169 22,825 26,676 6,084 27,379 102 On -Call Pay 11,822 13,193 10,884 12,000 5,085 12,000 121 PERA Contributions 1,981 2,286 2,409 2,804 1,177 2,855 122 FICA Contributions 2,469 2,683 2,724 2,959 1,300 3,013 131 Group Insurance 2,536 3,577 3,946 3,906 2,125 4,185 151 Worker's Comp. 858 1,932 1,798 934 - 947 Personnel Costs 37,117 45,840 44,586 49,279 15,770 50,379 201 General Supplies - - - - - - 212 Motor Fuels 394 369 536 500 263 550 227 Tools & Equipment 289 - - 300 285 300 228 Misc. Repairs/Maint/Supply - - 244 400 - 400 301 Auditing 1,350 1,613 1,610 1,700 1,578 1,700 304 Engineering 2,997 3,211 481 3,000 - 3,000 308 Training/Conferences 560 300 - 600 300 500 315 Sewer Jetting 1,444 - 1,050 1,500 - 1,500 316 Sewer Televising 11,018 - 2,083 1,000 - 1,000 327 Other Services 6,040 11,408 13,312 5,000 3,299 7,000 331 Travel Expenses - 119 - 200 - 100 361 General Liability 1,520 1,539 1,666 1,700 - 1,700 382 Water 66 69 63 100 16 100 387 Met Council Sewer Charges 115,587 128,590 132,610 138,000 78,523 140,000 391 Telephones/Pagers 228 263 244 250 126 300 402 City Truck Repair/Maint. - 333 160 100 18 100 425 Clothing 786 933 942 1,000 338 1,000 442 Misc. - 23 - - - - 444 Contingency Funds - - - - - 501 Depreciation 33,291 33,959 34,291 34,000 - 34,000 540 Machinery & Equipment - - - - - 554 System Repairs (I/I) - - - 5,000 - - Operating Costs 175,570 182,730 189,290 194,350 84,747 193,250 Total Expenses 212,687 228,570 233,876 243,629 100,517 243,629 Fund Balance Gain/Loss 16,417 6,145 8,714 1,371 35,923 871 39200 Transfers In - - - - 710 Transfers Out - - - - Ending Fund Balance 218,207 224,352 233,066 234,437 268,989 235,308 Storm Sewer Enterprise Fund 602 Total Expenditures 36,424 43,293 49,080 66,000 15,390 61,949 Fund Balance Gain/Loss 12,768 5,849 5,013 (15,300) 14,366 (6,449) 39200 Transfers In 20,000 - - - - 710 Transfers Out - - - - - - Ending Fund Balance 23,572 29,421 34,434 19,134 48,800 12,685 DEPT, 49100 2008 2009 2010 2011 2011 2012 Actual Actual Actual Adopted As of June 30 Proposed BEGINNING BALANCE (9,196) 23,572 29,421 34,434 34,434 19,134 REVENUES: 37300 Storm Sewer Fee 48,763 48,351 53,621 50,000 29,453 55,000 36211 Investment Interest 429 791 471 700 302 500 39999 Other - - - - - - Total Revenues 49,192 49,142 54,092 50,700 29,756 55,500 EXPENDITURES: 101 Reg. FT Employees 16,112 19,898 23,459 30,369 6,084 31,350 102 On -Call Pay 3,792 2,768 4,186 5,000 1,956 5,000 121 PERA Contributions 1,318 1,431 1,941 2,564 951 2,635 122 FICA Contributions 1,644 1,693 2,203 2,706 1,054 2,781 131 Group Insurance 1,737 2,220 3,203 45284 1,726 4,590 151 Workers Compensation 858 1,045 1,157 777 - 793 Personnel Costs 25,461 29,054 36,149 45,700 11,770 47,149 201 General Supplies - - - - - - 212 Motor Fuels 394 340 536 500 263 500 227 Tools & Equipment 51 - - 100 50 - 228 Misc. Repairs/Maint/Supply - 26 - - - - 301 Auditing 1,350 1,613 1,610 1,700 1,578 1,700 304 Engineering - 7,281 - 9,000 124 5,000 308 Training/Conferences - - 70 500 - - 314 Street Sweeping - - - - - - 327 Other Services 5,759 1,454 6,127 3,000 582 2,500 352 Public Information Notice 80 84 100 41 100 361 General Liability 1,520 1,539 1,666 1,700 - 1,700 391 Telephones/Pagers 228 263 244 300 126 300 402 City Truck Repair/Maint. - 333 160 1,000 18 500 425- Clothing 786 933 942 900 338 1,000 438 Dues & Subscriptions (Permits) 875 375 875 500 500 500 442 Misc. (Public Education) - - 617 1,000 - 1,000 444 Contingency Funds - - - - - - 501 Depreciation - - - - - - 540 Machinery & Equipment - - - - - - 554 Storm System Repairs - - - - - - Operating Costs 10,963 14,238 12,930 20,300 3,620 14,800 Total Expenditures 36,424 43,293 49,080 66,000 15,390 61,949 Fund Balance Gain/Loss 12,768 5,849 5,013 (15,300) 14,366 (6,449) 39200 Transfers In 20,000 - - - - 710 Transfers Out - - - - - - Ending Fund Balance 23,572 29,421 34,434 19,134 48,800 12,685