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12/14/2010
LAUDERDALE CITY COUNCIL MEETING AGENDA 7:30 P.M. TUESDAY, DECEMBER 14, 2010. LAUDERDALE CITY HALL, 1891 WALNUT STREET 1. ROLL CALL 2. APPROVAL OF THE AGENDA II r 3. APPROVALS a. Minutes of the November 23, 2010, City Council Meeting b. Claims Totaling $149,379.66 4. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL 5. CONSENT a. 2011 Rental Housing Licenses b. 2011 Business Licenses c. Deputy Clerk Probationary Period 6. SPECIAL ORDER OF BUSINESS/RECOGNITION/PROCLAMATIONS 7. REPORTS a. Cor Wilson 8. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal can have input into the decision. a. 2011 Budget and Levy Public Hearing 9. DISCUSSION / ACTION a. 2011 Budget and Levy Discussion/ Adoption b. David Gardner, 2311 Ione, Pavers Request c. Harvey Skow, 1931 Carl, Property Tax Compensation for Easement Area d. Rink Attendant Hires and Compensation e. City Administrator Contract & Compensation 10. ITEMS REMOVED FROM THE CONSENT AGENDA 11. ADDITIONAL ITEMS 12. SET AGENDA FOR NEXT MEETING a. 2011 City Council Meeting Schedule b. 2011 Fee Schedule c. 2011 Depository and Investment Institutions d. 2011 Investment Policy e. 2011 Committee Appointments f. 2011 Designation of Official Newspaper g. 2011 Mayor Pro Tem h. TIF to Project Year 2002 Debt Service Transfer 13. WORK SESSION a. Follow Up to December 9 Meeting with Business Community 14. ADJOURN LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 3 November 23, 2010 Mayor Dains called the City Council meeting to order at 7:30 p.m. Councilors present: Mary Gaasch, Roxanne Grove, Lara Mac Lean, and Mayor Jeff Dains. Councilor absent: Denise Hawkinson. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator. Mayor,Dains asked for changes to the meeting agenda. There being none, Councilor Mac Lean moved to approve the agenda. Councilor Gaasch seconded the motion and it passed unanimously. Councilor Gaasch moved to approve the November 9,'2010, City Council meeting minutes. Councilor Mac Lean seconded the motion and it passed unanimously. Councilor Mac Lean moved approval of the claims totaling $36,719.86. Councilor Grove seconded the motion and it passed unanimously. Mayor Dains asked if anyone in attendance wished to address the Council. No one present wished to do so. Mayor Dains asked if councilors wished to remove items from the consent agenda. There being no one, Councilor Gaasch moved the following consent agenda items: 2011 rental housing licenses, 2011 business licenses, and October's finances. Councilor Mac Lean seconded the motion and it passed unanimously. Butkowski said the new playground equipment had been successfully installed and the wood chips would be delivered shortly. Butkowski informed the Council that the meeting with business owners to discuss municipal liquor store options was set for December 9 at 10:00 a.m. An invitation was sent to all Lauderdale business owners. Previously, the City Council elected to continue participating in the Livable Communities Program through 2020. In addition to the resolution already adopted,.the Council must adopt a Housing Action Plan. The materials presented were largely drawn from the most recent Comprehensive Plan. The Plan affirms that the City will do the best it can to achieve 23 to 35 new units of affordable housing and 35 to 95 units of lifecycle housing by 2020. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 3 Councilor Mac Lean moved to adopt the 2011-2020 Livable Communities Housing Action Plan. Councilor Gaasch seconded the motion and it passed unanimously. The Council reviewed the proposed budget and levy. Since September, the County increased the city's overall property value which reduced the tax rate slightly. The property tax notices sent by the County show the owner of a median value home will see a 10.7% county tax increase, a 3.3% city tax increase, a 5.0% school tax increase, and an 11.5% "other" tax increase. Overall, the owner of a median value home can expect a $147 tax increase. The Council will take public comment on the budget and levy at the next meeting. Last year's budget included a $200,000 transfer from the TIF Project Fund to the 304 Debt Service Fund (2003 road project). As the TIF district will last two years longer than anticipated, staff compared the debt service fund's anticipated revenue (special assessments and investment interest) to anticipated expenditures. Staff concluded that the transfer could be lowered to $100,000 if the Council pledges the remaining special assessments from the 2002 and 2003 street projects to Fund 304 after the 2002A series bonds are retired in February 2011. Councilor Gaasch moved to adopt Resolution 112310A — A Resolution Amending the 2010 Adopted Budget. Councilor Mac Lean seconded the motion and it passed unanimously. Butkowski said the City must formally accept all donations. While those that donate are thanked earlier in the year, the formal thank you happens once at year end. Councilor Mac Lean read the list of those that gave generously in 2010 in support of Day in the Park, the Fun Run/Walk, Halloween; the City -Wide Garage Sale, and Snow Commotion. Councilor Mac Lean moved to accept donations and thank the volunteers of the city's events in 2010. Councilor Gaasch seconded the motion and it passed unanimously. Butkowski reviewed the preliminary agenda for the next meeting, which included a public hearing and discussion prior to adopting the 2011 budget and levy and a presentation by Cor Wilson from the cable commission. David Gardner, 2311 Ione Street, addressed the Council. He explained that he would like to construct a walkway made from pavers which the current ordinance doesn't allow. He said he will present his request to change the ordinance at the next meeting. Mayor Dains explained the Council was moving into closed session to discuss the city administrator's performance, time being 8:15 p.m. Shortly thereafter, Councilor Grove left the meeting. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 3 The Council returned from Closed Session at 8:43 p.m. There being no further business on the council agenda, Councilor Mac Lean moved to adjourn the meeting. Councilor Gaasch seconded the motion and it carried. The meeting adjourned at 8:44 p.m. Respectfully submitted, G' Heather Butkowski City Administrator CITY OF LAUDERDALE CLAIMS FOR APPROVAL December 14, 2010 City Council Meeting 11/26/10 Payroll: Direct Deposit #501063-501072 11/26/10 Payroll: Payroll liabilities, e -payments # 502E -505E 12/10/10 Payroll: Direct Deposit # 501073-501077 12/10/10 Payroll: Payroll liabilities, e -payments # 506E -508E Vendor Claims 12/14/10 Claims Check #'s 20517-20539 $7,543.19 $7,103.72 $6,089.17 $5,951.63 $122,691.951 SUBTOTAL $149,379.661 Total Claims for Approval $149,379.66 CITY OF LAUDERDALE 11/29/1011:43AM Page 1 Payments Current Period: NOVEMBER 2010 Batch Name 112610pay User Dollar Amt $7,103.72 Payments Computer Dollar Amt $7,103.72 $0.00 In Balance Refer 1775 NORTH STAR BANK, CHECKING S Ck# 000502E 11/29/2010 Cash Payment G 101-21701 FEDERAL TAXES 11/26/10 payroll $924.33 Invoice 11/29/2010 Cash Payment G 101-21703 FICA WITHHOLDING. 11/26/10 payroll $1,919.60 Invoice 11/29/2010 Transaction Date 11/29/2010 NORTH STAR CHEC 10100 Total $2.843.93 Refer 1776 ICMA RETIREMENT TRUST- 457 Ck# 000503E 11/29/2010 Cash Payment G 101-21705 ICMA RETIREMENT 11/26/10 payroll $1,950.66 Invoice 11/29/2010 Transaction Date 11/29/2010 NORTH STAR CHEC 10100 Total $1,950.66 Refer 1777 PERA Ck# 000504E 11/29/2010 Cash Payment G 101-21704 PERA 11/26/10 payroll $1,429.55 Invoice 11/29/2010 Transaction Date 11/29/2010 NORTH STAR CHEC 10100 Total $1,429.55 Refer 1778 MN DEPARTMENT OF REVENUE Ck# 000505E 11/29/2010 Cash Payment G 101-21702 STATE WITHHOLDING 11/26/10 payroll $879.58 Invoice 11/29/2010 Transaction Date 11/29/2010 NORTH STAR CHEC 10100 Total $879.58 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $7,103.72 $7,103.72 Pre -Written Checks $7,103,72 Checks to be Generated by the Compute $0.00 Total $7,103.72 CITY OF LAUDERDALE 12/09/10 2:41 PM Page 1 Payments Current Period: DECEMBER 2010 Batch Name 121010pyroll User Dollar Amt $5,951.63 Payments Computer Dollar Amt $5,951.63 Refer 1805 PERA Ck# 000508E 12/9/2010 Cash Payment G 101-21704 PERA 12/10/10 payroll $1,413.58 Invoice 12/10/2010 Transaction Date 12/9/2010 NORTH STAR CHEC 10100 Total $1,413.58 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $5,951.63 $5,951.63 Pre -Written Checks $5,951.63 Checks to be Generated by the Compute $0.00 Total $5,951.63 $0.00 In Balance Refer 1803 NORTH STAR BANK, CHECKING S Ck# 000506E 12/9/2010 Cash Payment G 101-21701 FEDERAL TAXES 12/10/10 payroll $854.89 Invoice 12/10/2010 Cash Payment G 101-21703 FICA. WITHHOLDING. 12/10/10 payroll $1,732.50 Invoice 12/10/2010 Transaction Date 12/9/2010 NORTH STAR CHEC 10100 Total $2,587.39 Refer, 1804 ICMA RETIREMENT TRUST - 457 Ck# 000507E 12/9/2010 Cash Payment G 101-21705 ICMA RETIREMENT 12/10/10 payroll $1,950.66 Invoice 12/10/2010 Transaction Date 12/9/2010 NORTH STAR CHEC 10100 Total $1,950.66 Refer 1805 PERA Ck# 000508E 12/9/2010 Cash Payment G 101-21704 PERA 12/10/10 payroll $1,413.58 Invoice 12/10/2010 Transaction Date 12/9/2010 NORTH STAR CHEC 10100 Total $1,413.58 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $5,951.63 $5,951.63 Pre -Written Checks $5,951.63 Checks to be Generated by the Compute $0.00 Total $5,951.63 CITY OF LAUDERDALE Check Detail Register© DECEMBER 2010 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 020517 12/10/2010 AFSCMEmmvrvf9rvm w G 101-21709 UNION DUES $100.96 11/10 union dues Total AFSCME $100.96 Paid Chk# 020518 12/10/2010 CINTAS E 602-49100-425 CLOTHING $12.76 470553160 PW uniforms E 601-49000-425 CLOTHING $12.76 470553160 PW uniforms E 602-49100-425 CLOTHING $12.76 470560152 PW uniforms E 601-49000-425 CLOTHING $12.76 470560152 PW uniforms E 602-49100-425 CLOTHING $12.76 470563681 PW uniforms E 601-49000-425 CLOTHING $12.76 470563681 PW uniforms E 602-49100-425 CLOTHING $12.76 470567238 PW uniforms E 601-49000-425 CLOTHING $12.76 470567238 PW uniforms Total CINTAS $102.08 Paid Chk# 020519 12/10/2010 CITY OF FALCON HEIGHTS i E 101-42100-321 FIRE CALLS $438.68 11/10 Fire Calls Total CITY OF FALCON HEIGHTS $438.68 Paid Chk# 020520 12/10/2010 CITY OF ROSEVILLE E 101-41200-306 CONSULTING FEES $453.33 0210557 11/10 IT Service E 101-41200-391 TELEPHONE/PAGERS $95.40 0210594 11/10 Phone services E 101-41200-306 CONSULTING FEES $453.33 0213442 12/10 IT Service E 101-41200-391 TELEPHONE/PAGERS $95.40 0213483 12/10 Phone services Total CITY OF ROSEVILLE $1,097.46 Paid Chk# 020521 12/10/2010 CITY OF ST ANTHONY E 101-42100-319 POLICE CONTRACT $48,216.25 2464 12/10 Police contract Total CITY OF ST ANTHONY $48,216.25 Paid Chk# 020522 12/10/2010 CITY OF ST PAUL E 101-43000-380 STREET LIGHT UTILITY $14.64 116565 Jan -June '10 Fulham/Hoyt street light Total CITY OF ST PAUL $14.64 Paid Chk# 020523 12/10/2010 CROIX OIL E 101-43000-212 MOTOR FUELS $170.28 334805/33591 11/10 Motor fuel E 601-49000-212 MOTOR FUELS $36.48 334805/33591 11/10 Motor fuel E 602-49100-212 MOTOR FUELS $36.50 334805/33591 11/10 Motor fuel Total CROIX OIL $243.26 Paid Chk# 020524 12/10/2010 EUREKA RECYCLING E 203-50000-389 RECYCLING CONTRACTOR $11705.20 7297 11/10 Recycling contract Total EUREKA RECYCLING $1,705.20 Paid Chk# 020525 12/10/2010 GLENWOOD INGLEWOOD� E 101-41200-208 WATER DELIVERY $4.81 7121651 11/10 Water cooler rental Total GLENWOOD INGLEWOOD $4.81 CITY OF LAUDERDALE *Check Detail Register© Paid Chk# 020532 DECEMBER 2010 E 101-43000-202 PERMENANT SUPPLIES $38.35 Check Amt Invoice Comment Paid Chk# 020526 12/10/2010 HOME DEPOT CRC Cert. Nuisance letter E 101-41200-331 TRAVEL EXPENSE E 101-43000-228 MISC REPAIRS MAINT SUPPLIE $66.33 573359 City hall furnace filter Camera batteries -Target Total HOME DEPOT CRC $66.33 $10.00 JB APMP Luncheon meeting Paid Chk# 020527 12/10/2010 KATHY LIND $14.64 General election judge meals -Cub E 201-45600-379 E 101-41200-331 TRAVEL EXPENSE $44.85 E 201-45600-379 7/21-12/3 Mileage reimbursement $8.87 Total KATHY LIND $44.85 HALLOWEEN EVENT $4.79 Paid Chk# 020528 12/10/2010 KONICA MINOLTA $117.83 0533 E 101-41200-401 COPIER CONTRACT $297.27 165181991 11/10 Copier contract $33.65 110653 Total KONICA MINOLTA $297.27 Total ONE CALL CONCEPTS $33.65 Paid Chk# 020529 12/10/2010 LMC 12/10/2010 POSTMASTER - NEWSLETTER E 101-41200-203 E 101-41100-308 TRAINING\CONFERENCES $180.00 146324 On-line land use training -Qty 6 $450.00 Total LMC $180.00 Paid Chk# 020530 12/10/2010 MINNESOTA PLAYGROUND, INC. E 404-48404-525 PLAYGROUND (CDBG) $66,366.25 2010375 Equipment and installation of playgroun E 404-48404-525 PLAYGROUND (CDBG) $860.00 2010380 Removal and disposal of playground ec Total MINNESOTA PLAYGROUND, INC. $67,226.25 Paid Chk# 020531 12/10/2010 NAPA AUTO PARTS E 601-49000-402 CITY TRUCK REPAIR/MAINTEN $9.21 111716 oil & fluids E 101-43000-402 CITY TRUCK REPAIR/MAINTEN $73.66 111716 oil & fluids E 602-49100-402 CITY TRUCK REPAIR/MAINTEN 111716 oil & fluids Total NAPA AUTO,PARTS _$9.21 $92.08 Paid Chk# 020532 12/10/2010 NORTH STAR BANK, PETTY E 101-43000-202 PERMENANT SUPPLIES $38.35 alien wrench keys for City Hall E 101-43400-203 POSTAGE $5.54 Cert. Nuisance letter E 101-41200-331 TRAVEL EXPENSE $6.00 HB parking fee E 101-41200-201 GENERAL SUPPLIES $9.64 Camera batteries -Target E 101-41200-308 TRAINING\CONFERENCES $10.00 JB APMP Luncheon meeting E 101-41500-201 GENERAL SUPPLIES $14.64 General election judge meals -Cub E 201-45600-379 HALLOWEEN EVENT $20.00 Halloween Volunteer snacks -Rainbow E 201-45600-379 HALLOWEEN EVENT $8.87 Halloween food -Rainbow E 201-45600-379 HALLOWEEN EVENT $4.79 Halloween food -Supervalu Total NORTH STAR BANK, PETTY $117.83 0533 12/10/201- 0 ONE CALL CONCEPTS E 101-43400-386 GOPHER STATE ONE CALL $33.65 110653 11/10 Locates Total ONE CALL CONCEPTS $33.65 Paid Chk# 020534 12/10/2010 POSTMASTER - NEWSLETTER E 101-41200-203 POSTAGE $450.00 1811 newsletter postage Total POSTMASTER - NEWSLETTER $450.00 Paid Chk# 020535 12/10/2010 RAMSEY COUNTY, PROP REC & REV E 101-42100-442 MISC $618.45 EMCOM-00091 11/10 911 dispatch CITY OF LAUDERDALE *Check Detail Register© DECEMBER 2010 Check Amt Invoice Comment E 101-41200-355 MISC PRINTING/PROCESS SER $25.00 RISK -001380 12/10 Insurance benefit G 101-21706 HEALTH INSURANCE $379.06 RISK -001380 12/10 Insurance benefit Total RAMSEY COUNTY, PROP REC & REV $1,022.51 602 STORM SEWER ENTERPRISE FUND $115.49 Paid Chk# 020536 12/10/2010 SPRINT PCS E 602-49100-391 TELEPHONE/PAGERS $18.74 11/10 PW cell phones E 601-49000-391 TELEPHONE/PAGERS $18.73 11/10 PW cell phones E 101-43000-391 TELEPHONE/PAGERS $37.46 11/10 PW cell phones Total SPRINT PCS $74.93 Paid Chk# 020537 12/10/2010 WASTE MANAGEMENT E 101-43000-384 REFUSE DISPOSAL $172.94 5760585-0500- 12/10 Waste Services Total WASTE MANAGEMENT $172.94 Paid Chk# 020538 12/10/2010 XCEL ENERGY, CITY HALL E 101-43000-383 GAS UTILITIES $228.91 170186676 11/10 City hall gas E 101-43000-381 ELECTRIC $214.11 349218591 11/10 City hall electric Total XCEL ENERGY, CITY HALL $443.02 Paid Chk# 020539 12/10/2010 XCEL ENERGY, STREET LIGHTING E 101-43000-380 STREET LIGHT UTILITY $51.93 349122001 11/10 Bridge lights E 101-43000-380 STREET LIGHT UTILITY $495.02 349542953 11/10 Street Lights Total XCEL ENERGY, STREET LIGHTING $546.95 10100 NORTH STAR CHECKING $122,691.95 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $53,495.89 201 COMMUNITY EVENTS $33.66 203 RECYCLING $1,705.20 404 PARK IMPROVEMENT $67,226.25 601 SEWER UTILITIES $115.46 602 STORM SEWER ENTERPRISE FUND $115.49 $122,691.95 LAUDERDALE COUNCIL ACTION FORM TYPE OF REQUEST Consent X Action ❑ Resolution ❑ Information ❑ Work session ❑ MEETING DATE December 14. 2010 AGENDA NUMBER 5A Rental Housing Licenses DESCRIPTION 2011 Rental Housina Licenses BACKGROUND OR PAST COUNCIL ACTION I Attached is the list of rental property owners that successfully completed the rental housing inspection process or renewed their license for 2011. OPTIONS STAFF RECOMMENDATION Approve rental housing licenses for 2011 COUNCIL ACTION MOTION BY SECOND STAFF ACTION LAUDERDALE COUNCIL ACTION FORM ❖ Carol Berg •'• Jack Barlow •'• Gene Christenson ❖ Giese Holding, LLC ❖ Chuck Mason •'• Chuck Mason ❖ CVC Investments ❖ CVC Investments ❖ CVC Investments ❖ Ernest Dopp •'• John Sagstetter ❖ City Gables 1971 Carl Street 1947 Eustis Street 1850 Walnut Street 1954 Malvern Street 1699 Eustis Street 2439 Larpenteur. Ave 2400 Larpenteur Ave 1634 Eustis Street 1642 Eustis Street 1816 Malvern Street 1759 Pleasant Street 1609-1611 Pleasant Street LAUDERDALE COUNCIL ACTION FORM 1.11'/�D[�1�.7D[IlllDf.`JI Consent X Action ❑ Resolution ❑ Information ❑ Work session ❑ MEETING DATE December 14, 2010 AGENDA NUMBER 5B 2011 Licenses DESCRIPTION 2011 Business Licenses BACKGROUND OR PAST COUNCIL ACTION I Attached is the list of business owners that successfully completed the business license application and meet all requirements. OPTIONS STAFF RECOMMENDATION Approve business licenses for 2011 COUNCIL ACTION MOTION BY SECOND STAFF ACTION LAUDERDALE COUNCIL ACTION FORM ❖ Rainbow Tree Company ❖ Sedgwick Heating & AC ❖ MN Heating & AC ❖ Wenzel Heating & AC ❖ Bonfe's Heating & AC •'• Croix Oil ❖ Super USA ❖ Super USA •'• Northeast Tree, Inc. Tree Contractor License HVAC Contractor License HVAC Contractor License HVAC Contractor License HVAC Contractor License Cigarette License Cigarette License 3.2 Off -Sale Alcohol License Tree Contractor License LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED Consent X Public Hearing Discussion Action Resolution Work session Meeting Date: December 14, 2010 ITEM NUMBER Deputy Clerk Probationary Period STAFF INITIAL tf APPROVED BY ADMINISTRATOR IL� 11 DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Kathy Lind has been working for the City since July. As her six month probationary pe- riod is coming to an end, the Council needs to decide whether to hire her permanently. I think Kathy has many wonderful assets but I don't see her as a good fit for the City going forward. As such, I recommend that Kathy's employment with the City be terminated effective December 14. The following extract from the personnel policy gives the City the opportunity to evaluate an employee for up to six month and terminate them for cause or not for cause. "Subdivision 4. Probationary Period. All regular full-time and regular or non -regular part-time employees are subject to serving a probationary period. The probationary period is the period of time the city evaluates the employee's ability to accomplish the essential job duties of the position he or she was hired to complete. It is also the time an employee evaluates the City to see if employment with the City fits his or her expectations. The probationary period.shall be six (6) months. The City can terminate the employee at any time with or without cause, during this time and such termination is not subject to griev- ance or appeal." OPTIONS: Approve the termination recommendation of the city administrator. Remove the item from the consent agenda to discuss options. If the Council wishes to discuss Kathy's performance, I will invite her to the next meeting where she can have a closed session discussion with the Council. The Council may not discuss her performance without her present. STAFF RECOMMENDATION: • By approving the consent agenda, the Council approves the termination of Kathy Lind effective December 14. COUNCIL ACTION: LAUDERDALE COUNCIL E:' ACTION FORM Action Requested Report X Public Hearing Discussion Action Resolution Work Session Meeting Date December 14, 2010 ITEM NUMBER JCable Report w/Cor STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Cor Wilson, Executive Director of the Cable Commission, will present during the reports section. She plans to provide an overview of the North Suburban Access Corporation (community TV) and the North Suburban Communications Commission (Comcast franchise agreement body). The City receives about $20,000 each year from the cable franchise. With that money the City pays about $5,000 to NSCC for management of the franchise agreement and $2,800 for webstreaming of council meetings and CTV programming. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: NSCC/NSAC Primer The North Suburban Cable Commission (NSCC) was established by the 10 member cities, with Roseville Mayor Tom Curley in the lead, in 1981 in order to have more bargaining power with the cable companies that had descended upon the Twin Cities suburban reas. The Commission's responsibility was to develop a request for proposals for cable service, evaluate the proposals and recommend a provider to the member cities. A 15 -year franchise, i.e., permission for a cable company to use the public rights-of-way to string coaxial cable for cable television services, was awarded in 1982 to Group W Cable. At that point, the Commission's task became to oversee the cable agreement and to make sure the company fulfilled its responsibilities. In return for using the public rights-of-way, the cable company agreed to pay a 5% fee to the member cities. Part of this fee funds the Commission. The remainder, according to the member cities' Joint Powers Agreement which created the Commission, is to be used by the cities for cable related activities, primarily programming their government access channels. For the franchise (which, by the way, is non-exclusive), the cable company also agreed to set aside a number of community access channels on the system and to. provide facilities and equipment to produce television programs and training on how to use the facilities and equipment. The Commission became increasingly frustrated, however, with the company's efforts on behalf of community television, and Gus Hauser, who bought the company from Group W, wasn't interested in managing public access any longer. So, the two sides agreed to change the franchise agreement and negotiate a transfer of public access management to the Commission. In anticipation of that transfer, which actually took place in April 1991, the Commission established the North Surburban Access Corporation. NSAC is a non-profit corporation charged with managing the community access channels, equipment and facilities and with training people in the community in how to produce programs for the channels. NSAC is funded by an annual grant from the cable company. The grant represents the negotiated value of the company's original public access commitments in the cable franchise. The members of the Commission are appointed by the member cities.. Each city has one delegate to the Commission. Some of the cities appoint city council members to serve, while others have chosen interested citizens. The commissioners also serve as the Board of Directors for the Access Corporation. Despite the fact that the governing bodies of both organizatons are composed of the same individuals, the Commission and the Access Corporation are operated as separate organizations, with separate meetings, budgets and financial records. In recent years, the duties of the Commission have included many transfers of ownership and the renewal of the original franchise, as well as customer service problems associated with the cable system upgrade in 1999. The Commission is currently .reviewing applications for franchises from two companies who want to compete with the incumbent cable operator. The Commission also manages the Institutional Network which serves the cities and schools and other public organizations in the 10 cities. Although the mission of the Access Corporation has not changed, the tools used ,in the production of video programming have increasingly become digital. In the 10 years that the Corporation has been operating public access, community television has become a fixture in our cities. Both the Commission and the Corporation's Board of Directors meet on the first Thursday of the month, usually at the Roseville studio at 950 Woodhill Drive. The Commission meeting begins at 7:00 p.m., and the Corporation Board meeting follows. Members of the community are welcome to attend the. meetings. In addition, they are cablecast live the night of the meeting and re -cast every Wednesday at 3:00 p.m. NORTH SUBURBAN COMMUNICATIONS COMMISSION 2011 BUDGET 2009 ACTUAL REVENUES City Contributions 331,831 Interest Income 17,726 Scholarship Grant 87,477 Reimbursements 6,492 Misc. Income 29,267 Transfer from Reserves 0 Total Revenues 472,793 EXPENSE SUMMARY 338,468 Personal Services 338,468 Operating Expenses 0.0% Capital Expenses 5,250 Total Expenses 0 NET REVENUE (LESS 90,451 EXPENSES)- 472,793 2010 2010 2010 2011 Percent Budget Jan -Oct Estimated Budget Change Y -T -D Total 338,468 338,468 338,468 338,468 0.0% 15,000 5,250 7,000 7,000 -53.3% 90,451 90,443 90,443 93,518 3.4% 6,600 3,246 6,579 6,719 1.8% 0 0 0 0 0.0% 38,217 0 0 0 -100.0% 488,736 437,407 442,490 445,705 -8.8% 122,425 99,300 123,124 126,156 3.0% 285,311 175,329 233,963 283,978 -0.5% 81,000 2,938 75,500 35,571 -56.1% 488,736 277,567 432,587 445,705 -8.8% 0 159,840 9,903 0 Revenues Cable Company Grants Interest Income Tuition/Training/Misc. Reimbursements Earned Income Donations Transfer from Reserves Total Revenues Expenses Personal Services Operating Expenses Capital Expenses Total Expenses NORTH SUBURBAN ACCESS CORPORATION CTV North Suburbs 2011 Budget 2009 2010 Actual Budget 2010 2010 2011 Percent Jan -Oct . Estimated Budget Change YTD Total 1,156,711 1,214,548 1,214,547 1,214,548 1,275,275 5.0% 17,759 25,000 13,500 18,000 18,000 -28.0% 8,175 10,000 10,279 12,335 10,000 0.0% 28,964 29,000 23,372 29,000 29,000 0.0% 23,284 24,000 59,639 61,000 36,000 50.0% 695 0 1,065 1,278 1,000 86,000 73,144 189,178 189,178 542,729 642.0% 1,321,588 1,375,692 1,511,580 1,525,339 1,912,004 39.0% 780,345 810,842 651,801 808,745 830,154 2.4% 291,640 409,850 245,203 310,698 438,650 7.0% 149,922 155,000 21,396 60,500 643,200 315.0% 1,221,907 1,375,692 918,400 1,179,943 1,912,004 39.0% Net Revenue (less Expenses) 99,681 0 593,180 345,396 0 LAUDERDALE COUNCIL E: ACTION FORM Action Requested Consent Public Hearing —X— Discussion X Action X Resolution X Work Session Meeting Date December 14, 2010 ITEM NUMBER _2011 Levy & Budget_ 11 STAFF INITIAL , APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Attached to this memo is Resolution 121410A - A resolution levying taxes for 2010 payable in 2011 and the start of the 2011 budget book. I will create bound copies of the budget book for distribution at year end (after we close December). As you will see, the current draft only reflects revenues and expenses through October. The Council may always lower the levy at this point but not raise it. If there are no changes, the Council can make one motion to approve both the budget and levy. Thereafter, I will send a copy of the resolution to Ramsey County. OPTIONS: STAFF RECOMMENDATION: Motion to approve the 2011 Lauderdale City Budget and Resolution 121410A - A Resolu- tion Levying Taxes for 2010 Payable in 2011 in the amount of $580,730. COUNCIL ACTION: RESOLUTION NO. 121410A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION LEVYING TAXES FOR 2010 PAYABLE IN 2011 BE IT HEREBY RESOLVED by the City of Lauderdale, Ramsey County, State of Minnesota as follows: The following tax levies are hereby made against all taxable property in the City of Lauderdale for the tax levy 2010, payable 2011: Total proposed levy for 2010 payable in 2011: $580,730 This includes estimated fiscal disparities amount of $110,683. BE IT FURTHER RESOLVED, that there will not be a certified debt levy for the General Obligation Bonds Series 2002A and the General Obligation Bonds Series 2003A. BE IT FURTHER RESOLVED that the City Administrator is authorized and directed at this time to certify this Resolution to the County Auditor of Ramsey County, Minnesota. CITY OF LAUDERDALE 1 COUNTY OF RAMSEY ) ss STATE OF MINNESOTA ) I, Heather Butkowski, being duly qualified and City Administrator for the City of Lauderdale, Ramsey County, Minnesota, do hereby certify that the attached and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Lauderdale on December 14, 2010, as the same appears in the minutes of said meeting on file and of record in City Offices. Dated this 14th day of December, 2010. Jeff Dains, Mayor (ATTEST) Heather Butkowski, City Administrator (SEAL) CITY OF LAUDERDALE 2011 BUDGET City of Lauderdale. 1891 Walnut Street Lauderdale, Minnesota 55113 Phone: 651.792.7650 Fax: 651.631.2066 Website: www.ci.lauderdale.mn.us Introduction Lauderdale City Council Jeffrey Dains Mary Gaasch Roxanne Grove Denise Hawkinson Lara Mac Lean Lauderdale City Staff Mayor Council Member Council Member Council Member Council Member (Term Expires 1/ 13 ) (Term Expires 1/ 15 ) (Term Expires 1/15) (Term Expires 1/13) (Term Expires 1/13) Heather Butkowski.......................................................... City Administrator Jim Bownik.. y .................................Assistant to the Cit Administrator KathyLind......................................................................... Deputy City Clerk Dave Hinrichs................. ....................................... Public Works Coordinator JoeHughes........................................................... Public Works Maintenance December 14, 2011 CITY OF LAUDERDALE LAUDERDALE CITY HALL 1891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 651-631-2066 FAx Dear Honorable Mayor and City Council of the City of Lauderdale: I hereby present the 2011 Budget. This budget is the product of months of preparation and many difficult decisions by the City Council. The budget attachment titled "2011 Levy and Impact on Lauderdale Homes" provides an analysis of the budgetary effects on the property tax rate and the property taxes to be paid by Lauderdale residents in 2011. Following that is an analysis of Lauderdale compared to other Ramsey County cities. Five fund types comprise the Lauderdale City Budget: The General Fund, Special Revenue Funds, Debt Service Funds, Capital Improvement Funds, and Enterprise Funds. Total fund revenues for 2011 are budgeted at $1,697,664, while total expenditures are budgeted at $1,845,409. General Fund revenues are budgeted to decrease 2.8% due to the loss of local government aid (LGA). In order for the City to remain financially solid, expenditures were decreased 2.8% as well. This was done through a number of cost saving measures but primarily through the second year of employee wage freezes. In 2010, LGA comprised 45.3% of general fund revenue compared to an anticipated 46.0% for 2011. Most years the. City budgets for transfers from the general fund to debt service or capital improvement funds to pay for future city needs. To balance this year's budget, no transfers were budgeted. With the state of the economy and residents in mind, the City Council authorized a modest tax levy increase of 1.57% for 2011. Ultimately, 8.1 % of property owners saw their taxes decrease. Of those with property valued above the median value, 74.0% saw a property tax increase of less than 10%. 17.9% of property owners saw a property tax increase of more than 10%. General Fund The General Fund is the City's largest fund. Revenue is primarily generated from property taxes, state aids, and fees for services. State aids and property taxes provide the two largest sources of city revenue. Additionally, fiscal disparities, a metropolitan area revenue sharing program, accounts for $110,683 of the property tax revenue for 2011. This is $2,471 less than 2010. Debt Service Funds Three debt service funds were created to repay bond debt issued by the City. The Street and Utility Improvements Debt Service Funds were established in 2000, 2002, and 2003 for the debt issuance associated with the infrastructure improvements that occurred in those years. In October 2009, the City paid off the first of the bond series (Fund 302), so that fund is no longer reflected in the budget. In February 2011, the City will pay off the second bond series (Fund 303). The final bonds from 2003 are considered fully funded due to anticipated special assessments. Capital Improvement Funds The Capital Improvement Funds are the 401 Street Improvement Fund, 402 General Capital Improvement Fund, 403 Storm Water Improvement Fund, 404 Park Improvement Fund, 405 TIF Project Fund, and 407 Sanitary Sewer Improvement Fund. Revenue in these funds come from investment interest and post -audit General Fund transfers if the fund balance exceeds 45% of the next year's operating budget. No transfers have been made since the first aid cuts at the end of 2008. If warranted at the end of 2011, a transfer would be made in equal parts to the Street Improvement Fund (40 1) and the Park Improvement Fund (404). Enterprise Funds Enterprise funds are operating funds that are intended to be self-supporting from user fees and charges. The City operates two enterprise funds: the 601 Sanitary Sewer Fund and the 602 Stoi-m Sewer Fund. The primary expense of the 601 Sanitary Sewer Fund is wastewater treatment paid to Metropolitan Council Environmental Services. The on-going expenses of the 602 Storm Sewer Fund meet the requirements of the City's Stormwater Pollution Prevention Program (SWPPP) and street sweeping. Conclusion The 2011 Budget reflects financial activity for the coming year and the future of the City of Lauderdale. One goal of the City is to incrementally improve its assets, including the parks and open spaces. Another goal is to properly maintain the facilities it has to guarantee they have a long and purposeful life. Finally, the City looks forward to projects that improve the City's aging infrastructure. The goal of the Council is to fund future capital projects while continuing to provide high quality public services to Lauderdale residents in a cost-effective, efficient, and fair manner. Respectfully submitted, Heather Butkowski City Administrator 2011 Property Tax Information How City Property Taxes are Calculated Assessed Property Value x Property Class Rate x City Tax Rate = City Property Taxes 2011 LEVY AND IMPACT ON LAUDERDALE HOMES City City City City City Jurisdictional Total Fiscal Net Local Residential Levy Disparities Levy Tax Capacity Tax Rate Tax Rate 2010 $571,738 $113,154 $458,584 $1,731,568 26.48% 97.75% 2011 $580,730 $110,683 $470,047 $1,749,567 26.87% 105.03% Value x Tax % x Tax Rate = City Tax on Median Lauderdale Home 2010 $186,150 1% 0.2648 Total Tax $492.93 2011 $187,600 1% 0.2687 Total Tax $504.08 DIFFERENCE $11.15 275,000 Home Value x Tax % x Tax Rate = City Tax on $275,000 Home 2010 $275,000 1% 0.2648 Total Tax $728.20 2011 $275,000 1% 0.2687 Total Tax $738.93 DIFFERENCE $10.73 Lauderdale Compared to Neighboring Jurisdictions The city tax rate is the portion of the total local tax rate levied by the City of Lauderdale to operate. The total local tax rate includes all taxing districts levied of Lauderdale property owners including: Ramsey County, Roseville School District #623, the area watershed management districts, and special districts. Within a city, the total local tax rate varies because of the levy differences of these other taxing districts. The following chart compares Lauderdale to its Ramsey County peers. In instances where a city has more than one local tax rate, the chart reflects the average of all of their total local tax rates. Overall, New Brighton had the lowest proposed city property tax increase for 2011. Lauderdale ranks 7 out of 16 cities in city tax rate and 4 out of 16 in the total local tax rate for 2010. MUNICIPALITY PROPOSED CITY TAX LEVY PROPOSED CITY TAX LEVY INCREASE CITY TAX RATE COUNTY TAX RATE AVERAGE TOTAL LOCAL TAX RATE ARDEN HILLS 3,088,964 2.4% 24.603% 54.626% 109.565% FALCON HEIGHTS 1,038,290 .1.5% 21.521% 54.626% 99.455% GEM LAKE 413,245 4.4% 36.874% 54.626% 122.354% LAUDERDALE 580,730 1.6% 26.866% 54.626% '' 105.115% LITTLE CANADA 2,712,646 6.0% 27.108% 54.626% 110.481% MAPLEWOOD 16,785,848 5.2% 38.870% 54.626% 124.021% MOUNDS VIEW 4,026,375 3.5% 41.662% 54.626% 131.733% NEW BRIGHTON 7,395,708 0.0% 37.690% 54.626% 129.391% NORTH OAKS 1,191,312 4.9% 9.151% 54.626% 94.483% NORTH ST. PAUL 2,908,884 1.6% 29.016% 54.626% 122.747% ROSEVILLE 14,214,419 5.6% 30.237% 54.626% 112.490% ST. ANTHONY 1,351,106 6.3% 58.555% 54.626% 159.261% SHOREVIEW 9,454,700 5.0% 30.932% 54.626% 113.586% VADNAIS HEIGHTS 3,596,771 5.9% 25.072% 54.626% 110,977% WHITE BEAR LAKE 4,675,291 2.1% 18.108% 54.626% 104.608% WHITE BEAR TOWNSHIP 2,985,516 16.4% 22.611% 54.626% 108.821% PLANNED CAPITAL PROJECTS AND OTHER PROGRAMS Most capital improvement projects and equipment replacement have been on hold due to the LGA cuts. Following are descriptions of the expenditures tentatively planned for 2011 categorized by the fund budgets that support them. Some of the items are carryovers from previous years. Each item is assessed by the City Council before a purchases is made. FUND 402 GENERAL CAPITAL IMPROVEMENT FUND City Hall: 3 -tub sink for kitchen $1,000 P.W. Equipment: Replace diesel John Deere tractor w/mower deck $30,000 . & bucket attachments Total Fund 402 FUND 404 PARK IMPROVEMENT FUND $31,000 Community Park: Playground Improvements Phase II $34,000 • Remove the existing swings and monkey bars; ■ Add sky runner, 2 swing sets, tire swing, tot play structure, benches, garbage cans Walnut/lone: Open Space Improvements $10,000 ■ "Lauderdale Picnic Area" signage ■ Woodchip path ■ Benches ■ Picnic table ■ Fencing on north property line Total Fund 404 $44,000 2011 TOTAL ALL FUNDS $75,000 GENERAL FUND REVENUE 2008 2009 2010 2010 2011 Actual Actual Adopted As of Oct 31 Proposed CITY LEVIED TAXES 31010 Current Ad Valorem 416,219 425,397 458,584 220,425 470,047 31020 Delinquent Ad Valorem 679 3,534 - 2,539 - 31040 Fiscal Disparities 96,437 101,843 113,154 58,151 110,683 SUB TOTAL PROPERTY TAXES 513,335 530,775 571,738 281,115 580,730 STATE AIDE 33401 Local Government Aide 421,827 557,218 527,174 258,077 519,747 33405 PERA Rate Increase Aide 1,198 1,198 1,198 599 1,198 33406 Market Value Home Credit 29,086 28,839 - - (31,811) TOTAL STATE AIDE 452,111 587,255 528,372 258,676 489,134 LICENSES AND FEES 32110 3.2 Alcohol License 65 150 150 - 150 32120 Cigarette License 200 200 400 200 400 32130 Garbage Hauler Licenses 1,270 1,170 750 1,275 750 32140 HVAC Licenses 875 890 550 899 600 32150 Tree Company License 360 140 200 500 300 32160 Gas Station License 55 - 55 - 32180 Rental License Fee 4,495 3,366 3,000 1,188 3,000 32240 Animal Licenses 330 290 250 360 250 34101 City Hall Rental 2,805 3,945 2,500 3,985 2,500 43103 Administrative Fee 650 83 200 - 200 34105 Sale of Publications - - - - - 34109 Copies 47 61 45 5 50 34114 Advertising sales 50 - - 50 34115 Miscellaneous Revenue - - - - TOTAL LICENSES AND FEES 11,202 10,295 8,100 8,462 8,200 REVENUE OTHER 36100 Special Assessments 1,940 9,677 10,237 - 36101 Principal - - - - - 36102 Penalties and Interest 155 2,182 - 1,449 - 36103 Tree Removal - - - - - 36200 Miscellaneous Revenue 63 - - - - 36211 Investment Interest 13,852 11,018 7,000 8,954 7,000 36230 Donations 1,500 - 1,500 - 36231 Dog Park Donations 50 10 - 36240 State Surcharge - Construction Permits 431 539 250 269 250 36250 Refunds and Reimbursements - 3,511 - 1,140 - 36252 LMCIT Insurance Dividend 1,366 2,905 500 - - 36255 Miscellaneous - - - - - 39101 Sales Fixed Assets - I - - - TOTAL OTHER REVENUE 19,307 29,882 7,750 23,559 7,250 PUBLIC SAFETY 42,076 40,547 36,500 30,443 34,500 PLANNING & INSPECTIONS 16,277 20,487 10,550 11;702 10,600 TRANSFERS FROM OTHER FUNDS - - - - - TOTAL GENERAL FUND REVENUE 1,054,308 1,219,241 1,163,010 613,956 1,130,414 GENERAL FUND EXPENDITURES GENERAL FUND REVENUE 2008 2009 2010 2010 2011 Actual Actual Adopted As of Oct 31 Proposed Legislative 22,711 22,634 26,410 21,330 26,193 Administrative 206,035 168,728 155,731 120,545 157,366 Audit, Elections, and Legal Services 11,404 6,234 68,804 39,977 48,857 Public Safety Police 553,100 582,567 591,095 487,824 605,287 Fire 32,872 35,529 35,500 26,819 32,500 Prosecution 13,379 11,545 - - -. Public Works 94,453 92,877 108,402 60,390 105,044 Planning & Inspections 27,856 22,568 81,299 38,745 56,322 Parks and Recreation 65,662 71,716 68,269 53,155 64,845 Development 1,665 1,235 7,500 713 14,000 EXPENDITURES BEFORE TRANSFERS 1,029,138 1,015,633 1,143,010 849,497 1,110,414 Contingency - - 20,000 - 20,000 Transfers Out 14,660 31,000 - - - TOTAL GENERAL FUND EXPENDITURES 1,043,798 1,046,633 1,163,010 849,497 1,130,414 2011 Certified LGA Amount= $616,831 Budgeted LGA/MVHC Amounts Reflect Anticipated Loss of $128,895 for 2011. (Equal to 2,010 LGA/MVHC Unallotments) 2008 2009 2010 2010 2011 LEGISLATIVE (41100) Actual Actual Adopted As of Oct 31 Proposed EXPENDITURES Personnel 103 Part-time employees 13,200 122 FICA 1,010 151 Workers Comp - 50 Subtotal Personnel 14,210 General Operations 14,260 11,929 201 General Supplies 63 202 Permanent Supplies - 203 Postage - 305 Legal Fees - 308 Training and Conferences 285 331 Travel 12 352 Public Notices - 361 General Liability 5,285 438 Dues and Subscriptions 2,646 439 Special Events - 440 Meeting Expenses 210 442 Miscellaneous Expenses - 250 Subtotal General Operations 8,501 Capital Equipment 11,880 530 Furniture and Equipment - 538 Computer software and Equipment - - Subtotal Capital Equipment - 26,410 TOTAL LEGISLATIVE EXPENSE 22,711 13,200 13,200 11,000 13,200 1,010 1,010 842 1,010 59 50 87 103 14,269 14,260 11,929 14,313 - - 39 - 84 - - - - 500 750 2,000 24 50 - 130 292 500 391 700 5,228 6,000 5,331 6,000 2,671 2,800 2,695 2,800 - 100 - - 66 200 196 250 8,365 10,150 9,401 11,880 - 2,000 - - - 2,000 - - 22,634 26,410 21,330 26,193 ADMINISTRATION 2008 2009 2010 2010 2011 & FINANCE (41200) Actual Actual Adopted As of Oct 31 Proposed EXPENDITURES Personnel 101 Full-time employees 108,289 102,536 94,127 75,158 93,081 104 Temp. employees - - - - - 121 PERA 6,494 6,836 6,589 5,376 6,748 122 FICA 8,472 8,004 7,200 6,061 7,121 131 Benefits (health, dental, etc) 9,8176 9,272 10,500 8,399 11,340 151 Workers Compensation 1,243 559 715 674 726 Subtotal Personnel 134,374 127,206 119,131 95,668 119,016 General Operations 201 General Supplies 1,808 1,731 2,200 1,540 2,200 203 Postage 5,060 1,817 2,500 2,626 4,000 208 Water cooler water 245 303 450 238 450 301 Auditing 12,700 12,904 - - - 305 Legal contract - Civil 12,934 3,567 - - - 306 Consulting fees (IT Support) 3,160 5,440 6,000 4,533 5,500 307 Computer Services (Banyon) 1,560 1,560 1,600 1,561 1,600 308 Training and conferences 1,407 1,004 2,200 580 2,000 309 Newspaper - Roseville Review 8,415 - - - - 331 Travel Expenses 887 929 1,200 573 1,200 352 Public information and notices - 726 2,000 662 1,500 353 Newletter Printing 3,968 2,469 4,050 2,438 4,000 354 Phonebook Printing 3,561 - - - - 355 Miscellaneous printing & process 1,595 285 - 950 1,200 361 General liability 4,599 4,652 4,800 4,955 5,300 391 Telephones/Fax (City Hall) 1,995 1,769 2,000 1,258 2,000 401 Copier 1,466 379 4,000 770 2,800 404 Computer Repair/Maintenance - - - - - 409 Other equipment repair - - - - - 438 Dues and Subscriptions 2,765 1,474 3,000 1,889 3,000 440 Meeting Expenses 15 85 100 159 100. 442 Miscellaneous expenses 2,417 78 500 144 500 Subtotal General Operations 70,558 41,172 36,600 24,877 37,350 Capital Expenditures 530 Furniture and equipment - - - - - 531 Office equipment - - - - - 534 Office furniture - - - - - 538 Computers and technology 1,103 351 - - 1,000 Subtotal Capital 1,103 351 - - 1,000 TOTAL EXPENSES 206,035 168,728 155,731 120,545 157,366 AUDITING, ELECTIONS, 2008 2009 2010 2010 2010 AND LEGAL SERVICES (41500) Actual Actual . Adopted As of Oct 31 Proposed EXPENDITURES Personnel 101 Full-time employees 6,842 3,724 13,152 10,352 6,952 104 Temp. employees 2,477 968 1,700 1,040 - 121 PERA 329 239 921 728 504 122 FICA 518 296 1,006 814 532 131 Benefits (health, dental, etc) 671 198 1,500 1,226 840 151 Workers Compensation - 35 100 87 54 Subtotal Personnel 10,837 5,461 18,379 14,247 8,882 General Operations 201 General Supplies 408 - 200 128 - 300 Legal Services - Prosecution - - 12,000 8,332 12,000 301 Auditing - - 14,000 12,880 14,000 306 Legal Services - Civil - - 14,000 3,560 12,000 327 Other Services 159 586 700 432 800 331 Travel Expenses - - 75 - 75 352 Public information & Notices - 96 2,000 - 100 355 Miscellaneous Fees - - 5,200 398 1,000 409 Other equipment and repair - - - - - 440 Meeting expenses - 91 250 - - 442 Miscellaneous expenses - - - - - Subtotal General Operations 567 774 48,425 25,730 39,975 Capital Expenditures 530 Furniture and equipment - - 2,000 - - 531 Office equipment - - - - - 534 Office furniture - - - - - 538 Computers and technology - - - - - Subtotal Capital - - 2,000 - - TOTAL EXPENSES 11,404 6,234 68,804 39,977 48,857 2008 2009 2010 2010 2011 PUBLIC SAFETY (42100) Actual Actual Adopted As of Oct 31 Proposed REVENUE 34202 False Fire Alarm 794 424 1,000 - 500 34203 Fire Inspection Fee 1,050 - 3,500 - 1,000 34205 Fire Call Reimbursement 1,252 - - 35101 Court Fines (including traffic tickets) 40,233 38,872 32,000 30,443 33,000 TOTAL REVENUE 42,076 40,547 36,500 30,443 34,500 EXPENDITURES General Operations 305 Legal Fees - Prosecution 10,326 10,152 - - - 355 Miscellaneous fees - Printing 3,053 1,392 - - - Subtotal Proscution 13,379 11,545 - - - 318 911 Dispatch - - - - 9,620 319 Police Contract 548,100 578,250 578,595 482,163 590,167 360 General Liability - - 5,000 - 5,000 391 Telephone/Pager 95 442 Miscellaneous Exp. 5,000 4,317 7,500 5,566 500 Subtotal Police 553,100 582,567 591,095 487,824 605,287 320 Fire Contract 19,097 18,630 18,000 17,826 18,000 321 Fire Calls 9,922 16,475 13,000 8,993 13,000 322 False Fire Alarms 2,778 424 1,000 - 500 323 Fire Inspections 1,075 - 3,500 - 1,000 Subtotal Fire 32,872 35,529 35,500 26,819 32,500 TOTAL EXPENSES 599,351 629,641 626,595 514,643 637,787 2008 2009 2010 2010 2011 PUBLIC WORKS (43000) Actual Actual Adopted As of Oct 31 Proposed EXPENDITURES Personnel 101 Full-time employees 35,366 44,294 30,400 25,783 27,248 102 Overtime/On-Call 1,283 2,191 2,000 1,004 3,000 121 PERA 2,940 3,004 2,268 2,049 2,193 122 FICA 3,661 3,516 2,479 2,327 2,314 131 Benefits (health, dental, etc) 3,720 4,702 4,125 3,474 4,200 151 Workers Compensation 4,032 2,097 2,650 2,457 2,526 Subtotal Personnel 51,002 59,804 43,922 37,094 41,481 General Operations 202 Permanent Supplies - - 200 - - 212 Motor Fuels 2,219 1,587 2,500 1,573 2,200 213 Lubricants and other fluids - - - - - 225 Landscaping Materials - 15 - - 963 226 Signs 5 - - - - 227 Tools and Equipment - - 200 - - 228 Miscellaneous Repairs & Supplies 1,852 1,008 2,000 331 1,500 304 Engineering Contract 2,990 - 3,000 337 3,000 308 Training and conferences 165 165 400 165 400 313 Snow and Ice Removal Contact 11,677 5,207 15,000 4,104 15,000 314 Street Sweeping Contract 4,098 5,062 6,500 2,262 6,000 317 Tree Service 3,654 3,214 15,000 3,107 10,000 324 Alley Repair 1,195 - 1,000 - 1,000 327 Other Services 569 356 500 328 3,000 328 Street Repair 500 - 500 - 500 380 Electricity - street lighting 5,726 6,168 6,000 4,225 6,400 381 Electricity 2,820 2,457 3,000 2,317 3,400 382 Water 69 69 80 28 100 383 Gas Utilities 3,887 3,075 4,500 1,623 4,000 384 Refuse Disposal 1,202 1,189 1,300 1,185 1,600 391 Telephone/Pagers 455 534 500 377 500 402 Truck repair and Maintenance 113 2,968 2,000 1,238 3,800 426 Machinery rental - - - - - 442 Miscellaneous 257 - 300 96 200 Subtotal General Operations 43,451 33,073 64,480 23,296 63,563 Capital Expenditures 530 Furniture and equipment 538 Land - - - - - Subtotal Capital - - - - - TOTAL EXPENSES 94,453 92,877 108,402 60,390 105,044 2008 2009 2010 2010 2011 PLANNING & INSPECTIONS (43400) Actual Actual Adopted As of Oct 31 Proposed REVENUE Other 32210 Building Permits 10,364 11,688 7,000 7,639 7,000 32211 Zoning Permit Applications 345 1,210 200 600 200 32225 Plan Review 3,658 4,692 2,000 1,371 2,000 32230 Plumbing Permits 641 1,236 600 1,136 600 32270 HVAC Permits 1,045 1,410 750 857 800 32280 Street Excavation - 100 - 100 - 34110 Variance Fee 225 150 - - - 34112 Conditional Use Permit - - - - - 34113 Zoning Amendment - - - - - TOTAL REVENUE 16,277 20,487 10,550 11,702 10,600 EXPENDITURES Personnel 101 Full-time employees 19,304 14,686 28,809 23,216 31,308 121 PERA 1,071 963 2,017 1,642 2,270 122 FICA 1,552 1,169 2,204 1,944 2,395 131 Benefits (health, dental, etc) 1,918 1,110 3,750 2,816 4,410 151 Workers Compensation - 207 1,314 1,116 1,339 Subtotal Personnel 23,844 18,136 38,094 30,734 41,722 General Operations 201 General Supplies - - - - - 202 Permanent Supplies 46 - - - - 203 Postage 268 173 300 81 500 306 Consulting Fees - 452 38,905 6,951 10,000 308 Training and conferences 425 450 500 450 500 312 Building Inspector 2,504 2,408 2,500 - 2,500 327 Other Services - - - - - 331 Travel Expenses - - - - - 355 Miscellaneous Printing - - - - - 386 Gopher State One Call 421 531 700 347 600 442 Miscellaneous expenses 25 - - 10 - 443 Surcharge Report 324 419 300 173 500 Subtotal General Operations 4,012 4,432 43,205 8,012 , 14,600 Capital Expenditures 530 Furniture and equipment - - - - - 531 Office equipment - - - - - 534 Office furniture - - - - - 538 Computers and technology - - - - - Subtotal Capital - - - - - TOTAL EXPENSES 27,856 22,568 81,299 38,745 56,322 2008 2009 2010 2010 2010 PARKS AND RECREATION (45200) Actual Actual Adopted As of Oct 31 Proposed EXPENDITURES Personnel 101 Full-time employees 41,244 51,253 42,425 34,163 37,855 104 Temp. employees 5,963 3,555 6,000 3,769 6,000 121 PERA 3,193 3,431 2,970 2,461 2,744 122 FICA 4,388 4,322 3,705 3,127 3,355 131 Benefits (health, dental, etc) 4,027 5,102 5,813 4,133 5,880 151 Workers Compensation 2,096 260 1,256 1,173 1,161 Subtotal Personnel 60,911 67,923 62,169 48,827 56,995 General Operations 201 General Supplies 103 127 500 45 200 202 Permanent Supplies 212 89 500 32 200 225 Landscaping Materials 64 - 500 - 500 228 Miscellaneous Repairs & Maintenance. 211 191 250 144 250 317 Tree Service 742 - - - - 370 Park and Rec Expenses - 700 - 700 700 371 Non -Resident Reimbursment 32 429 200 656 1,000 381 Electric 626 439 700 343 700 382 Water 196 172 300 40 300 383 Gas Utility 1,090 801 1,300 460 1,200 384 Refuse - - - - - 391 Telephones and Pagers 21 - 100 20 100 403 Mower repair - - - 1,275 1,500 412 Warming House Repair 10 - 500 20 100 427 Porta Potty Rental 1,145 767 750 581 800 442 Miscellaneous 300 78 500 13 300 Subtotal General Operations 4,751 3,793 6,100 4,328 7,850 Capital Expenditures 550 Other Improvements - - - - Subtotal Capital - - - - - TOTAL EXPENSES 65,662 71,716 68,269 53,155 64,845 2008 2009 2010 2010 2011 DEVELOPMENT (48100) Actual Actual Adopted As of Oct 31 Proposed REVENUE Other TOTAL REVENUE EXPENDITURES General Operations 306 Consulting Fees 442 Miscellaneous expenses Subtotal General Operations TOTAL EXPENSES 1,665 1,235 7,500 713 14,000 1,665 1,235 7,500 713 14,000 1,665 1,235 7,500 713 14,000 2008 2009 2010 2010 2011 CONTINGENCY (45300) Actual Actual Adopted As of Oct 31 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 2008 2009 2010 2010 2011 TRANSFERS OUT (45400) Actual Actual Adopted As of Oct 31 Proposed REVENUE Other TOTAL REVENUE EXPENDITURES 732 Transfers to 302 733 Transfers to 303. 734 Transfers to 304 741 Transfers to 401 742 Transfers to 402 743 Transfers to 403 744 Transfers to 404 745 Transfers to 405 Total Transfers 31,000 14,660 - 14,660 31,000 2010 LAUDERDALE BUDGET SUMMARY OF FUNDS 201 - 602 Total Expenditures 857,349 956,526 1,334,463 1,308,999 1,121,196 714,995 Sinplus/(deficit) (26,103) (129,025) (306,860) (104,936) (79,435) (147,745) 2007 2008 2009 2010 2010 2011 Actual Actual Actual Adopted As of Oct 31 Proposed Total Revenues 201 Community Events Fund 3,994 3,642 4,874 2,700 4,285 3,050 202 Communications Fund 21,600 22,431 22,837 20,000 10,787 20,500 203 Recycling Fund 41,074 41,362 41,967 38,926 24,451 41,000 301 TIF Debt Service Fund 76,950 - - - - - 302 2000 Imp Debt Fund 54,816 48,013 20,524 - - - 303 2002 Imp Debt Fund 52,749 41,424 35,459 32,026 18,536 - 304 2003 Imp Debt Fund 75,041 64,834 59,143 50,411 30,534 50,000 401 Street Improvement Fund 18,902 14,760 10,331 8,000 6,753 6,000 402 General Capital Impr. Fund 8,330 4,320 2,184 2,000 1,449 1,500 403 Storm Water Impr. Fund 58,670 6,048 4,473 4,000 2,974 3,000 404 Park Improvement Fund 2,834 108,725 3,946 3,000 2,500 2,000 405 TIF Project Fund 169,990 162,370 165,052 140,000 97,100 139,000 407 Sewer Improvement Fund 8,003 11,277 81,628 7,000 7,175 5,500 409 Water Utility Fund 2,201 - - - - - 601 Sewer Utility Fund 236,090 229,104 234,715 245,000 193,263 245,000 602 Storm Water Utility Fund - 69,192 49,142 51,000 41,953 50,700 Revenue Before Transfers 831,245 827,502 736,274 604,063 441,761 567,250 Transfers 291,329 600,000 600,000 Total Revenues 831,245 827,502 1,027,604 1,204,063 1,041,761 567,250 Total Expenditures 201 Community Events Fund 5,160 4,329 3,616 3,250 3,514 3,550 202 Communications Fund 25,576 15,374 29,277 25,821 20,781 29,669 203 Recycling Fund 29,018 23,391 32,079 34,298 24,093 34,275 301 TIF Debt Service Fund - - - - - - 302 2000 Impr. Debt Fund 122,186 122,080 455,481 - - - 303 2002 Impr. Debt Fund 149,356 150,256 145,798 146,163 146,095 145,667 304 2003 Impr. Debt Fund 120,646 118,608 116,350 114,011 113,944 116,205 401 Street Improvement Fund - 69,213 12,189 - - - 402 General Capital Impr. Fund 9,657 90,000 - 31,000 - 31,000 403 Storm Water'Impr. Fund 43,367 32,316 - - - -. 404 Park Improvement Fund 117,670 81,110 6,735 54,000 1,500 44,000 405 TIF Project Fund 713 738 747 - 2,210 1,000 407 Sewer Improvement Fund - - - - - - 601 Sewer Utility Fund 233,999 212,687 228,570 247,051 173,030 243,629 602 Storm Water Utility Fund - 36,424 43,293 53,405 36,028 66,000 Expenditures Before Transfers 857,349 956,526 1,074,134 708,999 521,196 714,995 Tranfers 260,329 600,000 600,000 Total Expenditures 857,349 956,526 1,334,463 1,308,999 1,121,196 714,995 Sinplus/(deficit) (26,103) (129,025) (306,860) (104,936) (79,435) (147,745) Community Events Fund 201 Fund Balance Gain/Loss (1,166) (686) 1,258 (550) 771 (500) 39200 Transfers In - - - - - - 710 Transfers Out - - - - - - Ending Fund Balance 4,407 3,720 4,978 4,428 5,749 3,928 DEPT. 45600 2007 2008 2009 2010 2010 2011 Actual Actual Actual Adopted As of Oct 31 Proposed BEGINNING BALANCE 5,573 4,407 3,720 4,978 4,978 4,428 REVENUES: 34785 Fun Run / Walk 9 - - 100 - 100 34786 Winter Event 798 609 396 100 33 - 34787 Garage Sale 50 - 50 50 - 50 34788 Day in the Park 15595 1,683 1,904 1,400 3,219 15500 34789 Music under the trees 34 - 448 - 434 400 34790 Other Events - March Dance - - - - - - 34791 Pop Sales - - - - - - 34792 T -Shirt Sales 210 150 330 100 82 100 34795 Halloween Donations 779 779 825 700 328 700 36211 Investment Interest 199 129 121 100 89 100 36230 Donations 30 - - - 36255 Misc. 319 293 769 150 101 100 Total Revenues 3,994 3,642 4,874 2,700 4,285 3,050 EXPENDITURES: 201 General Supplies - - 5 - - - 202 Permanent Supplies 176 43 100 - - 100 369 Music Under the Trees 252 535 200 600 600_ 400 370 Other Events - March Dance - - - - - 373 T -Shirts 2,201 353 - - - - 375 Winter Event 857 1,011 192 250 181 250 376 Garage Sale - 34 - - - - 377 Day in the Park 1,112 1,500 1,800 1,400 1,685 1,800 378 Night Out 99 103 119 150 119 150 379 Halloween Event 252 496 518 450 78 500 380 Fun Run / Walk - - - 100 727 100 437 Sales Tax - - - - - - 430 Misc. - - 491 - - - 440 Meeting Expenses 212 254 191 300 123 250 Total Expenditures 5,160 4,329 3,616 3,250 3,514 3,550 Fund Balance Gain/Loss (1,166) (686) 1,258 (550) 771 (500) 39200 Transfers In - - - - - - 710 Transfers Out - - - - - - Ending Fund Balance 4,407 3,720 4,978 4,428 5,749 3,928 Communications Fund 202 Total Expenditures 25,576 15,374 29,277 25,821 20,781 29,669 Fund Balance Gain/Loss (3,976) 7,057 (6,440) (5,821) (9,995) (9,169) 39200 Transfers In - - - - - - 710 Transfers Out - - - - - - Ending Fund Balance 32,249 39,306 32,867 27,046 22,872 17,877 DEPT. 49500 2007 2008 2009 2010 2010 2011 Actual Actual Actual Adopted As of Oct 31 Proposed BEGINNING BALANCE 36,225 32,249 39,306 32,867 32,867 27,046 REVENUES: 36253 Franchise Fees 19,987 21,278 21,632 19,000 10,320 20,000 36250 Refunds & Reimbursements 262 - - 36211 Investment Interest 1,613 1,153 942 1,000 467 500 33600 Grants - - - - Total Revenues 21,600 22,431 22,837 20,000 10,787 20,500 EXPENDITURES: 101 Reg. Full Time Employees 14,815 6,230 6,307 10,924 8,852 15,360 121 PERA Contributions 865 473 426 765 626 1,114 122 FICA Contributions 1,098 593 510 836 722 1,175 131 Group Insurance 1,193 618 576 1,313 990 2,100 151 Workers Comp - - 27 83 72 120 Personnel costs 17,971 7,913 7,846 13,921 11,261 19,869 201 General Supplies - - 5 - 85 100 202 Permanent Supplies - - - - - - 307 Web Hosting 420 444 444 600 444 600 327 Other Service 2,410 1,993 3,501 2,800 1,419 2,800 329 Cable Franchise Fee 4,774 5,023 5,069 5,200 5,214 5,300 530 Furniture and Equipment - 12,411 3,300 2,358 1,000 Operating Costs 7,604 7,460 21,430 11,900 9,520 9,800 Total Expenditures 25,576 15,374 29,277 25,821 20,781 29,669 Fund Balance Gain/Loss (3,976) 7,057 (6,440) (5,821) (9,995) (9,169) 39200 Transfers In - - - - - - 710 Transfers Out - - - - - - Ending Fund Balance 32,249 39,306 32,867 27,046 22,872 17,877 Recycling Fund 203 Total Expenditures 29,018 23,391 32,079 34,298 24,093 .34,275 Fund Balance Gain/Loss 12,056 17,971 9,889 4,628 358 6,725 39200 Transfers In - - - - - - 710 Transfers Out - - - - - - Ending Fund Balance 51,847 69,818 79,707 84,335 80,065 91,060 DEPT. 50000 2007 2008 2009 2010 2010 2011 Actual Actual Actual Adopted As of Oct 31 Proposed . BEGINNING BALANCE 39,791 51,847 69,818 79,707 79,707 84,335 REVENUES: 36100 Recycling Fee 34,734 34,698 35,215 33,000 18,199 35,000 36102 Penalties & Interest - 71 62 - 23 - 33622 SCORE Grant 4,378 4,758 4,866 4,926 4,926 5,000 36211 Investment Interest 1,898 1,811 1,824 1,000 1,303 1,000 36255 Other 64 24 - - - - Total Revenues 41,074 41,362 41,967 38,926 24,451 41,000 EXPENDITURES: 101 Reg. FT Employees 8,664 3,545 2,949 5,718 4,717 5,606 121 PERA Contributions 495 283 201 400 332 406 122 FICA Contributions 647 356 244 437 397 429 131 Group Insurance 626 362 256 750 521 840 151 Workers Comp - - 8 43 38 44 Personnel costs 10,432 4,546 3,658 7,348 6,005 7,325 202 Permanent Supplies 500 - - 100 95 100 327 Other Service 339 339 339 350 332 350 389 Recycling Contract 17,747 18,506 28,082 26,500 17,662 26,500 Operating Costs 18,586 18,845 28,421 26,950 18,088 26,950 Total Expenditures 29,018 23,391 32,079 34,298 24,093 .34,275 Fund Balance Gain/Loss 12,056 17,971 9,889 4,628 358 6,725 39200 Transfers In - - - - - - 710 Transfers Out - - - - - - Ending Fund Balance 51,847 69,818 79,707 84,335 80,065 91,060 2002 Improvements. Debt Service Fund 303 DEPT. 47300 2007 2008 2009 2010 2010 2011 Actual Actual Actual Adopted As of Oct 31 Proposed BEGINNING BALANCE 438,324 391,717 282,886 172,547 172,547 444,988 REVENUES: 36102 Penalties & interest 5,484 7,839 6,587 5,000 2,739 - 36211 Investment Interest 16,869 8,670 4,063 5,000 3,350 - 36100 Special Assessments 30,396 24,916 24,809 22,026 12,447 - Total Revenue 52,749 41,424 35,459 32,026 18,536 - EXPENDITURES: 601 Bond Principal 110,000 115,000 115,000 120,000 120,000 515,000 611 Bond Interest 38,690 34,609 30,153 25,363 25,363 11,500 621 File Maintenance Charges 666 647 645 800 733 450 Total Expenditures 149,356 150,256 145,798 146,163 146,095 526,950 Fund Balance Gain/Loss (96,607) (108,831) (110,339) (114,137) (127,559) (526,950) 39200 Transfers In 50,000 - - 400,000 400,000 - 710 Transfers Out - - - - - - Ending Fund Balance 391,717 282,886 172,547 _ 458,410 444,988 (81,962) 2003 Improvements Debt Service Fund 304 DEPT. 47400 2007 2008 2009 2010 2010 2011 Actual Actual Actual Adopted As of Oct 31 Proposed BEGINNING BALANCE 473,681 478,075 424,300 367,093 367,093 483,683 REVENUES: 36102 Penalties & interest 10,745 12,852 10,458 8,000 4,536 9,000 36211 Investment Interest 20,243 12,784 8,690 8,000 5,912 4,000 36100 Special Assessments 44,053 39,197 39,995 34,411 20,086 34,500 Total Revenues 75,041 64,834 59,143 50,411 30,534 47,500 EXPENDITURES: 601 Bond Principal 95,000 95,000 95,000 95,000 95,000 100,000 611 Bond Interest 24,980 22,961 20,705 18,211 18,211 15,405 621 File Maintenance Charges 666 647 645 800 733 800 Total Expenditures 120,646 118,608 116,350 114,011 113,944 116,205 Fund Balance Gain/Loss (45,606) (53,775) (57,207) (63,600) (83,410) (68,705) 39200 Transfers In 50,000 - - 200,000 200,000 - 710 Transfers Out - - - - - - Ending Fund Balance 478,075 424,300 367,093 503,493 483,683 414,978 Street Improvement Fund 401 DEPT. 48401 2007 2008 2009 2010 2010 2011 Actual Actual Actual Adopted As of Oct 31 Proposed BEGINNING BALANCE 355,889 454,662 400,208 398,350 398,350 406,350 REVENUES: 36211 Investment Interest 18,902 14,243 10,232 8,000 6,753 6,000 36200 Miscellaneous Revenue - 517 99 - - - 36102 Penalties & Interest - - - - - - 36100 Special Assessments - - - - - - Total Revenue 18,902 14,760 10,331 8,000 6,753 6,000 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 18,902 (54,454) (1,858) 8,000 6,753 6,000 39200 Transfers In 79,871 - - - - - 710 Transfers Out - 7 - - - - Ending Fund Balance 454,662 400,208 398,350 406,350 405,103 412,350 General Capital Improvement Fund 402 DEPT. 48000 2007 2008 2009 2010 2010 2011 Actual Actual Actual Adopted As of Oct 31 Proposed BEGINNING BALANCE 170,308 168,981 83,301 85,485 85,485 56,485 REVENUES: 36211 Investment Interest 8,330 4,320 2,184 2,000 1,449 1,500 Depreciation - - - - - - 39999 Other - - - - - - Total Revenue 8,330 4,320 2,184 2,000 1,449 1,500 EXPENDITURES: 510 Land - - - - - - 520 Buildings 9,657 - - 1,000 - 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 - 30,000 550 Other Improvements - - - - - - 560 Vehicle - - - - - - 562 Truck - - - - - - Total Expenditures 9,657 - - 31,000 - 31,000 Fund Balance Gain/Loss (1,327) 4,320 2,18.4 (29,000) 1,449 (29,500) 39200 Transfers In - - - - - - 710 Transfers Out - 90,000 - - - - Ending Fund Balance 168,981 83,301 85,485 56,485 86,934 26,985 Storm Sewer Improvement Fund 403 Total Expenditures 43,367 12,316 - - - - Fund Balance Gain/Loss 15,303 (6,268) 4,473 4,000 2,974 3,000 39200 Transfers In - - - - - 710 Transfers Out - 20,000 - - - - Ending Fund Balance 197,249 170,981 175,454 179,454 178,428 182,454 DEPT. 48403 2007 2008 2009 2010 2010 2011 Actual Actual Actual Adopted As of Oct 31 Proposed BEGINNING BALANCE 181,946 197,249 170,981 175,454 175,454 179,454 REVENUES: 37300 Storm Sewer Fee 49,668 - - - - - 36211 Investment Interest 9,002 6,048 4,473 4,000 2,974 3,000 39999 Other - - - Total Revenues 58,670 6,048 4,473 4,000 2,974 3,000 EXPENDITURES: 101 Reg. FT Employees 30,557 - - - - - 102 On -Call Pay - - - - - - 121 PERA Contributions 1,683 - - - - - 122 FICA Contributions 2,112 - - - - - 13,1 Group Insurance 2,584 - - - - - 151 Workers Compensation - - - - - - Personnel Costs 36,935 - - - - - 304 Engineering 6,303 11,816 - - - - 327 Other Services 129 - - - - - 442 Misc - 500 - - - - 444 Contingency Funds - - - - - - 554 Storm System Repairs - - - - - - Operating Costs 6,432 12,316 - - - - Total Expenditures 43,367 12,316 - - - - Fund Balance Gain/Loss 15,303 (6,268) 4,473 4,000 2,974 3,000 39200 Transfers In - - - - - 710 Transfers Out - 20,000 - - - - Ending Fund Balance 197,249 170,981 175,454 179,454 178,428 182,454 Park Improvement Fund 404 DEPT. 48404 2007 2008 2009 2010 2010 2011 - Actual Actual Actual Adopted As of Oct 31 Proposed BEGINNING. BALANCE 44,059 123,844 151,458 148,670 148,670 97,670 REVENUES: - - 525 Playground 151 - 33130 Grants - - - - - - 36230 Donations - - - - - - 36211 Investment Interest 2,834 4,065 3,946 3,000 2,500 2,000 Total Revenues 2,834 4,065 3,946 3,000 2,500 2,000 EXPENDITURES: 304 Engineering 10,716 17,718 382 - - - 510 Land - - - - - - 524 Picnic Shelter - - - - - - 525 Playground 151 - - 35,000 1,500 34,000 526 Park Path - - - - - - 527 Gen. Park Improvements 1,369 63,392 6,353 19,000 - 10,000 528 Court Improvements 105,434 - - - Total Expenditures 117,670 81,110 6,735 54,000 1,500 44,000 Fund Balance Gain/Loss (114,836) (77,046) (2,789) (51,000) 1,000 (42,000) 39200 Transfers In 194,621 104,660 - - - - 710 Transfers Out - - - - - - Ending Fund Balance 123,844 151,458 148,670 97,670 149,669 55,670 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 713 738 747 2,210 1,000 325 Other Imp. (Laipenteur) - - - - - - General Operating Costs 713 738 747 - 2,210 1,000 Total Expenditures 713 738 747 - 2,210 1,000 Fund Balance Gain/Loss 169,278 161,632 164,305 . 140,000 94,890 138,000 39200 Transfers In 5,203 - - - - - 710 Transfers Out 154,713 - 260,329 600,000 600,000 - Ending Fund Balance 468,208 629,840 533,815 73,815 28,705 166,705 DEPT. 48500 2007 2008 2009 2010 2010 2011 Actual Actual Actual Adopted As of Oct 31 Proposed BEGINNING BALANCE 448,440 468,208 629,840 533,815 533,815 28,705 REVENUES: 36211 Investment Interest 19,927 17,471 15,800 5,000 5,825 4,000 31050 Tax increment 148,354 137,953 141,815 135,000 89,494 135,000 31051 Delinquent Tax increment 855 1,959 1,879 - 1,781 - 33406 TIF Mrkt Value Homestead Crdt 855 4,987 5,558 - - - Total Revenues 169,990 162,370 165,052 140,000 97,100 139,000 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 713 738 747 2,210 1,000 325 Other Imp. (Laipenteur) - - - - - - General Operating Costs 713 738 747 - 2,210 1,000 Total Expenditures 713 738 747 - 2,210 1,000 Fund Balance Gain/Loss 169,278 161,632 164,305 . 140,000 94,890 138,000 39200 Transfers In 5,203 - - - - - 710 Transfers Out 154,713 - 260,329 600,000 600,000 - Ending Fund Balance 468,208 629,840 533,815 73,815 28,705 166,705 Sewer Improvement Fund 407 DEPT. 48407 2007 2008 2009 2010 2010 2011 Actual Actual Actual Adopted As of Oct 31 Proposed BEGINNING BALANCE 87,182 330,380 341,656 423,284 423,284 430,284 REVENUES: 36211 Investment Interest 8,003 11,277 9,128 7,000 7,175 5,500 36100 Special Assessments - - - - - - 37240 Sewer Connections - - 72,500 - - - Total Revenues 8,003 11,277 81,628 7,000 7,175 5,500 EXPENDITURES: 304 Engineering - - - - - - 544 Other - - - - - Total Expenditures - - - - - Fund Balance Gain/Loss 8,003 11,277 81,628 7,000 7,175 5,500 39200 Transfers In 235,195 - - - - - 710 Transfers Out - - - - - - Ending Fund Balance 330,380 341,656 423,284 430,284 430,460 435,784 Sanitary Sewer Enterprise Fund 601 DEPT. 49000 2007 2008 2009 2010 2010 2011 Actual Actual Actual Adopted As of Oct 31 Proposed BEGINNING BALANCE 407,688 174,584 191,001 197,146 197,146 195,095 REVENUES: 37210 Sewer Charges 223,878 224,682 226,671 242,000 189,917 242,000 36211 Investment Interest 12,212 4,422 4,369 3,000 3,346 3,000 36250 Refunds/Reimbursements - - - - - - 37230 Penalties - - - - - - 36255 Miscellaneous - - - - - 37240 Sewer Connections - - 3,675 - - - 39101 Sale of Assets - - - - - - Total Revenues 236,090 229,104 234,715 245,000 193,263 245,000 EXPENDITURES: 101 Reg. FT Employees 42,136 17,451 22,169 23,465 13,749 26,676 102 On -Call Pay 15,053 11,822 13,193 13,000 8,914 12,000 121 PERA Contributions 3,287 1,981 2,286 2,553 1,992 2,804 122 FICA Contributions 4,110 2,469 2,683 2,790 2,254 2,959 131 Group Insurance 5,116 2,536 3,577 3,000 3,283 3,906 151 Worker's Comp. 3,955 858 1,932 877 791 934 Personnel Costs 73,657 37,117 45,840 45,685 30,982 49,279 201 General Supplies - - - - - - 212 Motor Fuels 450 .394 369 500 337 500 227 Tools & Equipment - 289 - 300 - 300 228 Misc. Repairs/Maint/Supply - - - 250 244 400 301 Auditing 2,716 1,350 1,613 1,700 1,610 1,700 304 Engineering 7,711 2,997 3,211 3,000 481 3,000 308 Training/Conferences 580 560 300 600 - 600 315 Sewer Jetting 42 1,444 - 1,500 1,050 1,500 316 Sewer Televising - 11,018 - - 2,083 1,000 327 Other Services 8,541 6,040 11,408 5,000 11,837 5,000 331 Travel Expenses 49 - 119 200 - 200 361 General Liability 3,699 1,520 1,539 1,700 1,666 1,700 382 Water 62 66 69 75 28 100 387 Met Council Sewer Charges 100,641 115,587 128,590 147,000 121,559 138,000 391 Telephones/Pagers 459 228 263 250 188 250 402 City Truck Repair/Maint. - - 333 - 151 100 425 Clothing 1,460 786 933 1,000 814 1,000 442 Misc. 641 - 23 - - - 444 Contingency Funds - - - - - - 501 Depreciation 33,291 33,291 33,959 33,291 - 34,000 540 Machinery & Equipment - - - - - - 554 System Repairs (1/I) - - - 5,000 - 5,000 Operating Costs 160,342 175,570 182,730 201,366 142,047 194,350 Total Expenses 233,999 212,687 228,570 247,051 173,030 243,629 Fund Balance Gain/Loss 2,091 16,417 6,145 (2,051) 20,234 1,371 39200 Transfers In - - - - - 710 Transfers Out 235,195 - - - - Ending Fund Balance 174,584 191,001 197,146 195,095 217,380 196,466 Storm Sewer Enterprise Fund 602 DEPT. 49100 2007 2008 2009 2010 2010 2011 Actual Actual Actual Adopted As of Oct 31 Proposed BEGINNING BALANCE (3,299) (3,299) 29,468 35,318 35,318 32,913 REVENUES: 37300 Storm Sewer Fee - 48,763 48,351 50,000 41,340 50,000 36211 Investment Interest - 429 791 1,000 613 700 39999 Other - - - - - Total Revenues - 49,192 49,142 51,000 41,953 50,700 EXPENDITURES: 101 Reg. FT Employees - 16,112 19,898 23,465 14,382 30,369 102 On -Call Pay - 3,792 2,768 5,000 3,429 5,000 121 PERA Contributions - 1,318 1,431 1,993 1,608 2,564 122 FICA Contributions - 1,644 1,693 2,178 1,826 2,706 131 Group Insurance - 1,737 2,220 3,000 2,666 " 4,284 151 Workers Compensation - 858 1,045 669 613 777 Personnel Costs - 25,461 29,054 36,305 24,524 45,700 201 General Supplies - - - - - - 212 Motor Fuels - 394 340 500 337 500 227 Tools & Equipment - 51 - 100 - 100 228 Misc. Repairs/Maint/Supply - - 26 - - - 301 Auditing - 1,350 1,613 1,700 1,610 1,700 304 Engineering - - 7,281 3,000 - 9,000 308 Training/Conferences - - - 500 70 500 327 Other Services . - 5,759 1,454 7,000 5,866 3,000 352 Public Information Notice 80 84 100 361 General Liability - 1,520 1,539 1,700 1,666 1,700 391 Telephones/Pagers - 228 263 300 188 300 402 City Truck Repair/Maint. - - 333 151 1,000 425 Clothing - 786 933 800 814 900 438 Dues & Subscriptions (Permits) - 875 375 500 500 500 442 Misc. (Public Education) - - - 1,000 217 1,000 444 Contingency Funds - - - - - - 501 Depreciation - - - - - - 540 Machinery & Equipment - - - - - - 554 Storm System Repairs - - - - - - Operating Costs - 10,963 14,238 17,100 11,504 20,300 Total Expenditures - 36,424 43,293 53,405 36,028 66,000 Fund Balance Gain/Loss - 12,768 5,849 (2,405) 5,925 (15,300) 39200 Transfers In - 20,000 - - - - 710 Transfers Out - - - - - - Ending Fund Balance (3,299) 29,468 35,318 32,913 41,243 17,613 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Closed Session Meeting Date December 14, 2010 ITEM NUMBER David Gardner Request STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: David Gardner, 2311 Ione, previously appeared before the Council to discuss installing per- vious pavers from the curb to his front door. As the current ordinance only allows for ce- ment sidewalks, he would like the Council to change the ordinance as pavers are considered a LID - a low impact design by stormwater professionals. Staff from the Mississippi Water- shed Management Organization (MWMO) and Rice Creek Watershed District provided gen- eral letters of support for pavers at Gardner's request. They could not provide support for his specific project because each project varies; soil conditions play a big role in viability. As Gardner mentioned, a pervious pavers system is different than just laying down decora- tive bricks. It requires the right soil conditions to allow water to percolate through the soil. I included a brochure from Bonestroo as they have been experimenting with pervious pavers to deal with their drainage problems. Their office is on the north side of TH280 and High-. way 36 if you would like to see an example. The City has a section of code governing sidewalks and another section governing drive- ways. If the Council would like to allow pavers in both applications, both ordinances would need to be amended. As of right now, staff feel three things would need to be addressed if the ordinances are re- vised. First, the ordinances would have to address who is responsible for replacing the pavers when work is done in the boulevard. Currently, the company working in the right-of- way is responsible for replacing concrete sidewalks disturbed by their work. Next, the City would need authority to require the repair or replacement of pavers if they become,a hazard, much like what is currently in place for concrete sidewalks. Finally, there should be instal- lation standards to ensure the installation is appropriate for the application. The final item is the most challenging. MWMO staff told me the Washington Conservation District has been charged with drafting a model ordinance for cities. At some point, the city may be required to allow these sorts of LID practices as part of the City's stormwater management plan. The city engineer told me that Bonestroo is drafting ordinances that allow residents to receive stormwater credit for things like pervious pavers. DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: To receive credit, however, the designs have to be engineer reviewed and require the appli- cant to provide soil samples, etc. Gardner mentioned he would like to do the work around his house this spring. I hope to have a better idea of when the model ordinance will be completed by the time of the meet- ing. Gardner prepared a very informative packet which follows. OPTIONS: STAFF RECOMMENDATION: Listen to Gardner's presentation; provide staff direction if you would like us to work on an ordinance revision. COUNCIL ACTION: BONTEN, INC. - ST. PAUL, MN Parking Lot with Pervious Pavement When Bonestroo added a new four-story office building to its 12- acre headquarters campus in St. Paul, additional parking was PERVIOUS PAVEMENT REDUCES required. To maximize the developable site area, we chose to meet STORMWATER RUNOFF water quality and volume storage requirements by installing pervious parking lot pavement as both an environmental and development friendly solution. Pervious pavement reduces runoff by collecting water in subsurface recharge beds and then allowing it to discharge at a controlled rate to ponds, or infiltrate into the soil below. The recharge bed allows pollutants to be filtered and removed before stormwater is discharged. Although installing pavers costs more than bituminous surfaces, the costs can be offset by eliminating the need for storm pipe and inlets. Less land must be set aside for retention ponds, and irrigation needs for plantings are reduced. These surfaces are also cooler than traditional parking lots, reducing the heat island effect, and provide more visual interest. * Bonestroo LAUDERDALE COUNCIL E: ACTION FORM F n Requested ing X ion Meeting Date December 14, 2010 ITEM NUMBER _Skow Request STAFF INITIAL J�,2 APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Harvey Skow addressed the Council at the November 9 city council meeting. He asked the Council to consider compensating him for the property taxes he pays on the easement area recently agreed to during the lawsuit settlement. The city attorney drafted the letter I mailed asking Skow to put his request in writing. Skow did this; the memo is attached. He is ask- ing the City to compensate him based on either proposal 1 or 2. The cost of proposal 1 is $1,425.95; the cost of proposal 2 is $1,131.75. Skow did not request property tax relief for the easement area during the settlement hearing or prior to signing the agreement. The attached settlement agreement states the Skows ac- cepted $8,500 in compensation for their claims and the longterm easement. Section 6 clearly states the Skows agreed to release any and all claims they raised or could have raised. They could have request property tax relief for the easement area during settlement negotiations but chose not to. Skow also asserts in his letter that the easement area does not "close." The city attorney's real estate staff confirmed the easement area was drafted correctly. Also attached is the most recent correspondence between Skow and the city attorney. OPTIONS: Determine whether to compensate the Skows based on their request. STAFF RECOMMENDATION: Motion to deny Harvey Skow's request for property tax relief as the Skows previously re- leased the City of all claims. they made or could have made at the time of the settlement agreement. COUNCIL ACTION: November 22, 2010 Dear Heather, Thank you for your letter of November 16, 2010. I would like compensation for both the City's prior and future use of my property. I have a couple of proposals for consideration. Both are based on the City's claim that the alley has been continuously used in its present location as stated in Dave's affidavit submitted to the court. I have owned and paid taxes on Lots 11 & 12 since 1984. Proposal 1, based on the City's statements; I believe the City Attorney told me that the amount of the settlement for the easement was $2500. I assume that figure was based on the City's determination of the market value. Judge Faricy informed me that the assessed value of the lots was $80,000. I can only assume that that figure came form the City. My 2010 taxes were $1832.60 on a total Taxable Market Value of $173,500. The easement value is 1.44% of the total value and 1.44% of my 2010 taxes is $26.41. I don't have records of my prior taxes back to 1984 but I would like the City to consider paying for prior use in today's dollars. Prior use would come to 25 years at $26.41 or $660.16. For the future use I would like the City to consider paying now for the future use for a minimum of 29 additional years also in today's dollars. That would come to another $765.78. Alternately they may wish to consider annual payments of 1.44% of my estates future taxes. Proposal 2, based on my calculation of the easement area. My calculations indicate that the easement takes up 1.14% of the area of two of the lots it is over. I would like the City to consider that 1.14% is a reasonable estimation of the reduction in taxable value of my property due to this encumbrance on all three of my lots. 1.14% of my 2010'taxes are $20.96. As the City maintains the position of "continuous use", the prior use consideration would come to $523.96 and the future use would be $607.79 if paid now. I would like the City to know that in my calculations of the easement area I found that the legal description doesn't close. It appears to be off by about 0.1'. I suppose I should "realize" that like your ordinances, the numbers don't mean what is written?? I offer you a sincere `Thank You" to all for considering this request when you have no legal obligation to do so. I will greatly appreciate anything you can do for me. Sincerely Harvey A. Skow 1931 Carl St. Lauderdale, MN 55113 651-636-1258 hskow@mac.com hskow43@comcast.net 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. 3702950 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 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 Skow v. City of Lauderdale, Ramsey County District Court File No. 62 -CV -09-5832, including all claims for attorneys' fees and costs. 2 370295v4 RAA BE295-216 7. DISMISSAL OF SUIT 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 370295A RAA BE295-216 provisions. 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, Clerk 4 370295A RAA BE295-216 Date Date Date Date C H A R T E R E D Offices in 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis Minneapolis, MN 55402 Saint Paul (612) 337-9300 telephone (612) 337-9310 fax St. Cloud www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer ROBERT A. ALSOP Attorney at Law Direct Dial (612) 337-9224 Email ralsop@kennedy-graven.com December 2, 2010 Mr. Harvey Skow 1931 Carl Street Lauderdale, MN 55113 Dear Mr. Skow: I am in receipt of your email dated November 30, 2010. Notwithstanding your threat of filing a complaint with the Lawyers Professional Responsibility Board, I will not recant or revise my legal conclusion that Section 7-4-3 of the Street Excavation Ordinance does not mandate the City's Public Works Coordinator to prepare rules and regulations with regard public road construction projects performed by the City or by a contractor on the City's behalf, such as the reconstruction of your alley by the City in 2002. Moreover, I have no idea what "lawful action" you would like the City to pursue with regard to your request for the rules and regulations referenced in Section 7-4-3. Finally, I would strongly urge you to consult legal counsel before carelessly accusing an attorney of an ethics violation or using the threat of an ethics complaint as a means of attempting to unlawfully influence the actions of the City or its agents. Very truly yours, KENNEDY & GRAVEN, CHARTERED `�" 4-- - --k- $=, Robert A. Alsop / cc: Heather Butkowski'✓/ 378787vl RAA LA135-3 December 4, 2010 Dear Mr. Alsop, Thank you for responding to my letter of November 30, 2010. It is clear that your "legal conclusion" is directly opposed to the ordinance (law). Very simply the law says, "shall" and you say it doesn't. Your implied conclusion that "rules and regulations" do not apply to construction projects performed by the City or by a contractor on the City's behalf has no support in the ordinance (law). I agree that permits are not required for such work, but to conclude that such work is not to be regulated by the City's ordinance is ludicrous, and I believe totally opposed to the intent and purpose of the law. I believe the ordinance is intended to preserve the integrity of public improvements and protect private property as stated in the ordinance. You should realize that I never requested "rules and regulations" with regard to any specific project and the ordinance does not exclude any "Street Excavations" from regulation. I simply asked for the "rules and regulations" that are required by law. The ethical question here is: Are rules and regulations required, mandated or imperative by the law, or are they not? You know the answer to this question and have knowingly given a false answer. Ethically you are required to inform you client of what the law says as it is written. You have taken the liberty of concluding that the law does not mean what is written. I don't know what I meant by lawful action, but when the City doesn't comply with their own ordinance there should be some action taken to get the City in legal compliance. A recommendation that the City's Public Works Coordinator prepare rules and regulations might be a good start. You might also recommend that the City amend the Street Excavation ordinance to specifically exempt the City and its contractors from any regulation by the ordinance in support of your "legal conclusion". Finally, thanks for your advice to seek legal counsel. You have done an admirable job of defending the City's wrongdoings while showing little respect for the laws. I think you should do a little self-examination of your professional ethics. I can assure you that my complaint is not careless. Sincerely Harvey A. Skow 1931 Carl St. Lauderdale, MN 55113 651-636-1258 hskow0mac.com ACTION REQUESTED Consent LAUDERDALE COUNCIL ACTION FORM MEETING DATE December l4, 2010 Special Public Hearing ITEM NUMBER Rink/Warming House Attendants Report Discussion/Action X— STAFF INITIAL Jim Resolution Work session APPROVED BY ADMINISTRATOR BACKGROUND: Hiring We received five applications for the Winter Rink/Warming House Attendant position. Heather & I interviewed the following four candidates last week. Andy DuBord: Andy has been an Attendant for the city the past five seasons. Joe Sax: Joe has been an Attendant for the city the past two seasons. Derrick Sax Nolan Wisen We are recommending the city hire all four as Attendants, conditioned on. a successful background check. If all four accept, we anticipate that the two returning Attendants (Andy and Joe) will work the majority of the shifts, with Derrick and Nolan working approximately one shift per week. Pay We propose keeping the hourly rate at $9.00/hour. OPTIONS: 1) Approve proposed staffing of the warming house and the hourly rate. 2) Do not approve proposed staffing of the warming house and the hourly rate. STAFF RECOMMENDATION: 1) Motion to approve proposed staffing of the warming house and the hourly rate. COUNCIL ACTION: LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED Consent Public Hearing Discussion X Action X Resolution Work session Date: December 14, 2010 ITEM NUMBER CA Contract & Compensation STAFF INITIAL` i APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: I updated the employment agreement so it made sense going into the future. The City uses a 5 step pay scale. I am.starting step 4 and step 5 would take effect next Decem- ber. The compensation for those steps is reflected in the agreement. After step 5, em- ployees generally only receive cost of living adjustments as granted by the Council. OPTIONS: • Amend or adopt the employment agreement. • Recognize the step 4 .pay increase. If you have any questions or suggestions before the meeting, please let me know. STAFF RECOMMENDATION: COUNCIL ACTION: EMPLOYMENT AGREEMENT andbetween CityofDeleted: 2010, This AGREEMENT is entered into this Ijjday of December; .--- by the 25th - - - - - - - - - - Lauderdale, (hereinafter referred to as "City") and Heather Butkowski-Hinrichs, (hereinafter Deleted: Novembeizoos referred to as "Employee"). WITTNESSETH: WHEREAS, the City desires to continue �Heathe r Butko wski-Hi nr ichs' app ointm �,_ appointment a_ City —Deleted: appoint - - - - - - - - - ___: Administrator under the terms and conditions set forth herein; and Deleted: tome position of WHEREAS, Heather Butkowski-Hinrichs wishes to continue serving, as City Administrator--------- Deleted: accept the City's offer of under the terms and conditions set forth herein, I -------------------------- employment NOW, THEREFORE, in consideration of the mutual covenants herein contained, the pal -ties agree as follows: Section 1. Duties The City hereby agrees to continue employing the Employee as the full-time City Administrator of Lauderdale to perform the functions and duties of City Administrator as specified in the attached job description and to perform such other legally permissible and proper functions and duties as the City Council from time to time shall assign. Section 2. Term A. The Employee shall serve from December 14ZQ,�Q,_through Decem-ber-3-1,-201_2,__T_his_-,-:----f Deleted: 2008 agreement shall extend for an additional two-year period --- on n- --- the same terms and Deleted- o conditions as specified herein unless written notice of intent not to renew is given by either party to the other within 90 days before the expiration of any such two-year period. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to voluntarily resign at any time from the position of City Administrator, subject only to the provisions set forth herein. In the event the Employee does voluntarily resign her position with the City, she shall give the City 30 days advanced written notice thereof, unless otherwise agreed by the parties. Section 3. Termination and Severance Pay A. The City may discharge the Employee only by a majority vote of the full City Council. If a vacancy exists on the Council, the vacancy shall not be counted in determining the full City Council. B. In the event the Employee is terminated for any reason by the City Council, she shall be paid a lump sum cash payment equal to six months of aggregate salary and benefits at the time of her termination including any unused vacation that would be paid. C. If the Employee has been charged with a felony, then at the discretion of the City Council, the Employee may not be entitled to any lump sum payments whatsoever. Section 4. Compensation A. Beginning December 1, 2010 the Employee shall receive a salary of $79,428.63 annually -(Step 4 . That will be adjusted to $83 609.0 be innin_ December 1, 201 L Y ( p ) J _�� ------ eginning g- -- -- r -- 0 Ste 5. B. Additionally, the City Council shall conduct a pelformance review of the Employee before November 30 each year. The City Council may consider a merit increase based on the Employee's overall performance. C. The City Council and the Employee shall develop a mutually agreeable method by which to conduct an evaluation and what criteria shall be used in the evaluation. Upon request of the Employee, and in agreement with the City Council, the City shall consider contracting with an outside neutral party to assist in the development of the process and criteria. Section 5. Dues, Subscriptions, and Registration Expenses The City agrees to budget for and to pay the professional dues and subscriptions of the Employee necessary for her full participation in associations and organizations necessary and desirable for her continued professional growth and development. Such memberships include, but are not limited to the International City/County Managers Association (ICMA), Minnesota City/County Managers Association (MCMA), and Metropolitan Administrator and Managers Association (MAMA). Section 6. Mileage and Subsistence The City recognizes the Employee is required to attend meetings in the Twin Cities metropolitan area in her official capacity and agrees to reimburse the Employee for mileage and reasonable subsistence expenses within the guidelines established by the City Council. Section 7. Vacation and Sick Leave The Employee shall continue to earn vacation and sick leave at the current level and shall advance in accrual rates based on City policy. Section 8. Insurance The City will pay the cost of hospital, medical, and life insurance for the Employee in the same amount it pays for other union and non-union City employees. Deleted: 2008 Deleted: 64,314.68 Deleted: 66,887.26 Deleted: January 1, 2009 Deleted: Thereafter, the City Administrator's wage, upon Council approval, will be adjusted per the step schedule. Section 9. Other Terms and Conditions of Employment A. All provisions of City Ordinances, personnel policies, and regulations relating 'to vacation and sick leave; retirement and pension system contributions; holidays; and other fringe benefits and working conditions shall apply to Employee as they would to other employees of the City except as provided herein. B. Notwithstanding anything else in this Agreement to the contrary, the City Council may fix, from time to time, such terms of employment regarding the Employee, provided such terms are not inconsistent with or in conflict with the provisions of this agreement, any other law, or ethics requirements established by the International City/County Management Association. C. The employment provided by this Agreement shall be for the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employee and the City, the Employee may accept teaching, consulting, or other business opportunities with the understanding that such arrangements shall not constitute interference with or a conflict of interest with her responsibilities under this agreement or present a potential violation of the ICMA Code of Ethics. Section 10. Defense of Employee The City agrees to defend the Employee in any civil action arising.out of the Employee's performance of her duties in accordance with the requirements of state law. Section 11. General Provisions A. This document constitutes the entire Agreement between the parties. This Agreement shall be interpreted under the Laws of Minnesota. B. If any provision or portion thereof contained in this Agreement shall be held unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS THEREOF, the parties have signed and executed this Agreement, both in duplicate, on the day and year first above written. The City of Lauderdale Employee Jeffi•ey E. Dains, Mayor Heather Butkowski-Hinrichs LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED Consent Public Hearing Discussion Action Resolution Work session Meeting Date: December 14, 2010 ITEM NUMBER Plav2round Equipment STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The crews installing the playground equipment got caught up in the snow and rain that started right before Thanksgiving. The equipment was installed but the area wasn't cleaned up and the ground is in need of restoration work (fixing ruts and reseeding). When preparing for this meeting, we processed a payment to MN/WI Playground for the cost of the equipment minus a 5% retainer because we hadn't reached an agreement with them on the restoration work that needs to be done in the spring. Since then, they have agreed to: clean up the wood chips that are currently frozen to the new equipment; fix any issues with the wood chips once the ground thaws and we can see them (it snowed right after they were installed); rake up the wood chip path running from the equipment to the road; and smooth out/fill in the ruts left by their equipment and reseed. In exchange, the City has offered to maintain the reseeded area and hold a retainer of $2,000 (about 2.9%) over the winter. I attached some photos in case you didn't see the area before the snow fell. OPTIONS: • Agree to the terms noted above. • Propose another retainer amount or payment option. STAFF RECOMMENDATION: Motion to withhold $2,000 from MN/WI Playground until they correct the concerns noted above in the spring. (This means they will receive the $66,366.25 check in the current claims batch and staff will send them a check for $1,500 before year end that will be approved at the first meeting in January). COUNCIL ACTION: '01 e0 •„- Kray �^� - '9`Low14 4 •Y 3 - • Ar n t ' SO CITY OF LAUDERDALE *Check Detail Register© DECEMBER 2010 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 020540 12/14/2010 WASTE MANAGEMENT E 404-48404-525 PLAYGROUND (CDBG) $107.74 5567093-0500- playground demolition container E 404-48404-525 PLAYGROUND (CDBG) $860.95 5768731-0500- playground demolition container Total WASTE MANAGEMENT $968.69 10100 NORTH STAR CHECKING $968.69 Fund Summary 10100 NORTH STAR CHECKING 404 PARK IMPROVEMENT $968.69 $968.69 0