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12/13/2005
LAUDERDALE CITY COUNCIL MEETING AGENDA TUESDAY, DECEMBER 13, 2005 CITY HALL, 7:30 P.M. * RECEPTION FOR COUNCIL MEMBER MOOSE GIANNETTI STARTING AT 7:00 P.M. IN THE IN THE COUNCIL CHAMBERS The City Council is meeting as a legislative body to conduct the business of the City according to ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. ROLL - 7:30 p.m. Council members: Gill -Gerbig Christensen Mayor Dains Staff: Bakken -Heck 2. 3. 4. Doherty Giannetti �Z4F APPROVAL OF THE AGENDA - 7:32 p.m. APPROVALS - 7:35 p.m. A. Approve minutes for 11/29/05 City Council Meeting B. Approve claims totaling $21,813.52 OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA -7:37 p.m. Any member of the public may speak at this time on any item NOT on the agenda. In consideration of the public attending the meeting for specific items on the agenda, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued under Additional Items at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Council's ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL, is welcomed and your cooperation is greatly appreciated. 5. CONSENT 6. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS A) Snow*Commotion, Saturday, January 28, 3:00-6:00 p.m. 7. INFORMATIONAL PRESENTATIONS G:\CityAdmin\Agendas\2005\December 13.doc December 13, 2005 Page 2 8. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings, all affected residents will be given an opportunity to speak pursuant to the ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL. 9. REPORTS 10. DISCUSSION 11. ACTION 7:40 p.m. A) Resolution 121305-A 2006 City Budget B) Resolution 121305-B Designating TIF District 1 Funds to Road Projects C) Resolution 121305-C Certifying Special Assessments to Property D) Resolution 121305-D Appointing Mayor John Zanmiller to St. Paul Regional Water Services Board 12. ITEMS REMOVED FROM THE CONSENT AGENDA 13. ADDITIONAL ITEMS 14. SET AGENDA FOR NEXT MEETING — 8:00 p.m. A) Interview and appoint new council member B) Fee schedule C) Appointments to boards and commissions D) Tree Commission 15. WORK SESSION 8:05 p.m. A) Rental Housing Licensing B) Animal Control Ordinance C) Garbage Ordinance D) Walkable Community Workshop 16. ADJOURNMENT G:\CityAdmin\Agendas\2005\Uecember 13.dac CITY OF LAUDERDALE Claims for Approval December 13, 2005 City Council Meeting Payroll 12/2/05 Payroll: 12/2/05 Payroll: 12/2/05 Payroll: 12/2/05 Payroll: Vendor Claims Direct Deposit # 500041-500045 EFT: Federal Withholding & FICA EFT: P.E.R.A EFT: ICMA Retirement Fund 12/13/05 Claims: Check # 17840-17855 Subtotal of Claims From Above $6,152.77 $2,558.22 $1,094.97 $1,560.38 $10,447.181 $21,813.52 Total Claims for Approval $21,813.52 CITY OF LAUDERDALE *Check Detail Register© DECEMBER 2005 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 017840 12/13/2005 AVENET, LLC E 202-49500-531 OFFICE EQUIPMENT $90.00 11121 1806 web hosting package Total AVENET, LLC $90.00 Paid Chk# 017841 12/13/2005 BAKKEN-HECK BRIAN E 101-41200-308 TRAINING\CONFERENCES E 101-41500-331 TRAVEL EXPENSE Total BAKKEN-HECK BRIAN Paid Chk# 017842 12/13/2005 BREHM GROUP E 101-41100-361 GENERAL LIABILITY Total BREHM GROUP Paid Chk# 017843 12/13/2005 CINTAS E 601-49000-425 CLOTHING E 601-49000-425 CLOTHING E 601-49000-425 CLOTHING $197.58 $97.26 $294.84 $127.50 $127.50 $26.63 $26.63 .OF F� Total CINTAS $79.89 Paid Chk# 017844 12/13/2005 CITY OF ROSEVILLE E 101-43400-306 CONSULTING FEES $164.08 5115 Total CITY OF ROSEVILLE $164.08 Paid Chk# 017845 12/13/2005 GLENWOOD INGLEWOOD E 101-41200-208 WATER DELIVERY $4.79 Total GLENWOOD INGLEWOOD $4.79 Paid Chk# 017846 12/13/2005 GOODIN COMPANY E 101-43100-202 PERMENANT SUPPLIES $219.56 2518178-00 Total GOODIN COMPANY $219.56 Paid Chk# 017847 12/13/2005 HOME DEPOT CRC E 101-43500-228 MISC REPAIRS MAINT SUPPLIE $133.51 E 402-48000-521 CITY GARAGE $7.44 Total HOME DEPOT CRC $140.95 Paid Chk# 017848 12/13/2005 HUGHES & COSTELLO E 101-42300-355 MISC PRINTING/PROCESS SER $105.00 E 101-42300-305 LEGAL FEES $850.00 Total HUGHES & COSTELLO $955.00 Paid Chk# 017849 12/13/2005 KENNEDY & GRAVEN E 101-41400-305 LEGAL FEES $3,252.50 E 101-41400-355 MISC PRINTING/PROCESS SER $47.97_ Total KENNEDY & GRAVEN $3,300.47 Paid Chk# 017850 12/13/2005 LMC E 101-41200-308 TRAINING\CONFERENCES $215.00 23985 Imc conference reimbursement Imc conference reimbursement council and park board member 470389327 470385578 470381921 11/05 joint powers agreement 11/05 cooler rental new men's room sink 11/05 maintenance supplies 11/05 maintenance supplies 12/05 retainer 12/05 retainer 11/05 general & park counsel 11/05 general & park counsel karen doherty's registration f CITY OF LAUDERDALE *Check Detail Register© DECEMBER 2005 10100 NORTH STAR CHECKING $10,447.18 Fund Summary 101 GENERAL 202 COMMUNICATIONS 402 CAPITAL IMPROVEMENTS 601 SEWER UTILITIES 10100 NORTH STAR CHECKING $5,899.60 $90.00 $4,358.14 $99.44 $10,447.18 Check Amt Invoice Comment Total LMC $215.00 Paid Chk# 017851 12/13/2005 PARK SERVICE E 601-49000-212 MOTOR FUELS $19.55 11/05 motor fuels E 101-43100-212 MOTOR FUELS $175.90 11/05 motor fuels Total PARK SERVICE $195.45 Paid Chk# 017852 12/13/2005 RAMSEY COUNTY, ELECTIONS E 101-41500-201 GENERAL SUPPLIES $242.39 2005 election supplies Total RAMSEY COUNTY, ELECTIONS $242.39 Paid Chk# 017853 12/13/2005 RAMSEY COUNTY, REVENUE E 402-48000-510 LAND $112.00 '05 property taxes for 17.29.2 Total RAMSEY COUNTY, REVENUE $112.00 Paid Chk# 017854 12/13/2005 TRUCK UTILITIES E 402-48000-562 TRUCK $4,238.70_ 0150065 plow for new city truck Total TRUCK UTILITIES $4,238.70 Paid Chk# 017855 12/13/2005 WASTE MANAGEMENT E 101-43100-384 REFUSE DISPOSAL $66.56 2853761-0500- 11/05 garbage service Total WASTE MANAGEMENT $66.56 10100 NORTH STAR CHECKING $10,447.18 Fund Summary 101 GENERAL 202 COMMUNICATIONS 402 CAPITAL IMPROVEMENTS 601 SEWER UTILITIES 10100 NORTH STAR CHECKING $5,899.60 $90.00 $4,358.14 $99.44 $10,447.18 i VP MWAITO rAl' Q- 4" December 9, 2005 CITY HALL 1891 WALNUT STREET LAUDERDALE, MN 55113 651-631-0300 FAX 651-631-2066 To the Honorable Mayor and City Council of the City of Lauderdale I hereby present the adopted 2006 Budget. This budget is the document that establishes the goals and future direction of the City of Lauderdale. The Lauderdale City Budget is an excellent guide to follow from year to year as it illustrates the city's priorities and can be used to evaluate the city's success in achieving those goals and objectives. The Lauderdale City Budget consists of five main types of funds: the General Fund, Special Revenue Funds, Debt Service Funds, Capital Improvement Funds and the Enterprise Fund. Total fund revenues for 2006 are budgeted at $1,661,034, while total expenditures are budgeted at $1,823,358 In the General Fund, revenues are budgeted to increase 7% and expenditures are budgeted to decrease .5% for 2006. The City Council kept the property tax levy the same in 2006 as it was in 2005. One significant change in 2006 is an increase in Local Government Aid (LGA). The city will receive an increase in LGA in part because the city's population prevents the distribution of street repair and maintenance funds from the state. The budget attachment entitled "2006 Levy and Impact on Lauderdale Homes" provides a detailed analysis of the budgetary effects on the property tax rate and the property taxes to be paid by Lauderdale residents in 2006. The sheet "Where your tax dollar goes" illustrates the services supported by tax dollars. The two graphs attached provide a picture of where General Revenue comes from and where the expenditures go. The following is a summary of the primary areas of the 2006 budget: General Fund The General Fund is the city's largest Fund. Revenue comes from property tax, state aid, fees for services and other miscellaneous sources. The largest source of city revenue is property tax, most of which come from residential properties in Lauderdale. Approximately $78,189 of the General Fund revenue comes from Fiscal Disparities, a metropolitan area revenue sharing The second largest revenue source for the city is Local Government Aid from the State. The city will receive $359,622 in 2006. This is an increase of $62,900 over the amount received in 2005. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER ® Page 2 Debt Service Funds December 9, 2005 The city maintains four debt service funds: The TIF Debt Service Fund, and three street and utility improvement funds. The TIF fund originally covered the cost of bonds issued for a housing project. The bonds have expired, however, the district remains and increment collected will be used to support payment of the three street and utility bonds. The city issued $3,120,000 in bonds over three years to cover the cost of citywide street and utility improvements. These funds are used to deposit special assessments collected to pay for the bonds. Additional fluids are transferred from the general fiord and TIF fund as needed to cover the principal and interest payments. Capital Improvement Funds The city adopted a comprehensive Capital Improvements Plan (CIP) in 1997 that schedules ten years of capital improvements. To provide financing for the proposed projects, the Council established a policy to transfer hinds from the General Funds fund balance to capital improvement funds. Enterprise Funds Enterprise funds are operating funds that are intended to be self-supporting from user fees and charges. The one enterprise fiend the city currently operates is the Sanitary Sewer Fund. The largest expenditure for this fund is the Metropolitan Wastewater Control Commission fee. Conclusion Overall, the 2006 Budget not only reflects financial activity for the coming year, but it also reflects the future of the City of Lauderdale. The City Council has continued to plan and budget appropriately to ensure residents continue to receive quality services and to maintain and improve the overall quality of life for its citizens. Respectfully submitted, Brian W. Bakken -Heck City Administrator RESOLUTION NO. 121305A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING THE 2006 CITY BUDGET AND LEVYING TAXES FOR 2005 PAYABLE IN 2006 BE IT HEREBY RESOLVED by the City of Lauderdale, Ramsey County, State of Minnesota as follows: The City of Lauderdale hereby adopts its 2006 City Budget. The following tax levies are hereby made against all taxable property in the City of Lauderdale for the tax levy 2005, payable 2006: Total proposed levy for 2005 payable in 2006: $487,260 This includes fiscal disparities amount of $78,189. BE IT FURTHER RESOLVED, that there will not be a certified debt levy for the General Obligation Bonds Series 2000A, 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 ) COUNTY OF RAMSEY ) ss STATE OF MINNESOTA ) I, Brian Bakken Heck, 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 13, 2005 as the same appears in the minutes of said meeting on file and of record in City Offices. Dated this 13th day of December, 2005. (ATTEST) Jeff Dains, Mayor (SEAL) Brian Bakken Heck, City Administrator $100,000 Home 2006 LEVY AND IMPACT ON LAUDERDALE HOMES 1999 $100,000 2000 Gross Levy - HACA = Levy - Fiscal Net Levy Tax City 2004 $100,000 2005 $100,000 Disparities (Local Levy) Capacity = Tax Rate 1995 $469,747 $84,013 $385,734 $97,645 $288,089 $1,099,160 0.26210 1996 $480,148 $80,540 $399,608 $111,519 $288,089 $1,107,105 0.26022 1997 $533,775 $81,305 $452,470 $120,053 $332,417 $1,290,437 0.25760 1998 $550,961 $81,305 $469,656 $126,788 $342,868 $1,196,529 0.28655 1999 $550,920 $81,264 $469,656 $138,964 $330,692 $1,139,484 0.29021 2000 $576,618 $88,212 $488,406 $136,506 $351,900 $1,212,463 0.29024 2001 $576,640 $88,234 $488,406 $137,608 $350,798 $1,288,844 0.27218 2002 $480,000 $0 $480,000 $113,102 $366,898 $1,101,190 0.33318 2003 $480,000 $0 $480,000 $83,029 $396,971 $1,226,301 0.32371 2004 $480,000 $0 $480,000 $85,940 $394,060 $1,370,005 0.28763 2005 $487,260 $0 $487,260 $78,189 $409,071 $1,535,611 0.26639 2006 $487,260 $0 $487,260 $78,189 $409,071 $1,666,260 0.24550 $100,000 Home Value 1999 $100,000 2000 $100,000 2001 $100,000 2002 $100,000 2003 $100,000 2004 $100,000 2005 $100,000 2006 $100,000 x Tax % x Tax Rate = Tax on $100,000 Home 1% 0.2902 $290.21 1% 0.2902 $290.24 1% 0.2722 $272.18 1% 0.3332 $333.18 1% 0.3237 $323.71 1% 0.2876 $287.63 1% 0.2664 $266.39 1% 0.2455 $245.50 $145,200 Home Value x Tax % x Tax Rate = Tax on Median Lauderdale Home 2002 $76,000 1% 0.3332 $253.22 $69,200 1.65% 0.3332 $380.43 Total Tax $633.65 2003 $76,000 1% 0.3237 $246.02 $69,200 1.00% 0.3237 $224.01 Total Tax $470.03 2004 $76,000 1% 0.2876 $218.60 $69,200 1.00% 0.2876 $199.04 Total Tax $417.64 2005 $76,000 1% 0.2664 $202.46 $69,200 1.00% 0.2664 $184.34 Total Tax $386.80 2006 $76,000 1% 0.2455 $186.58 $69,200 1.00% 0.2455 $169.89 Total Tax $356.47 ll,1N'N'E12ENt.L $3Q�31 $200,000 Home Value x Tax % x Tax Rate = Tax on $200,000 Home 2002 $76,000 1% 0.3332 $253.22 $124,000 1.65% 0.3332 $681.69 Total Tax $934.91 2003 $76,000 1% 0.3237 $246.02 $124,000 1.00% 0.3237 $401.41 Total Tax $647.43 2004 $76,000 1% 0.2876 $218.60 $124,000 1.00% 0.2876 $356.67 Total Tax $575.27 2005 $76,000 1% 0.2664 $202.46 $124,000 1.00% 0.2664 $330.32 Total Tax $532.78 2006 $76,000 1% 0.2455 $186.58 $124,000 1.00% 0.2455 $304.42 Total Tax $491.01 DIF>±ERENC� $41:7'1: rl- O (1) 'c Q. O (1) LO 0) v, E�MW"t a) > CO 't O ''' CD1-tiLOO�d:dN'.�0 O ns >' W L� N N 4- : tid'OInNM�C�00M r- OO o �MONNOti .� •0) .0CnL— E E ai 'U � = � a) r •� Q] Q L c 4) OCO)V r � SMO � W 0 n LL -i co V) W 0- r LL L1 0 0 N NN 69 69. 69 69 6 - 69 69. 69 63 69� 69 69 69. 6!} 69 6r? 6q 6F} 6q U) U) LO O t CO O N M O M I` O 0) (fl 00 N N N TI - M ti N_ M d' O 00 C!7 N O L1) I` Cfl O O t` O Ln J - " CO � M M O M O T- O W 1� N CM d' �- It u) T- OO= O O O O O O N O 0 0 0 0 0 0 0 0 0 O , 0 0 0 0 O O O O O O O O O O O O O O O 0 O C o Q X W r -i r1 d- N 00 O rN, .--1 ,--I ,--1 L1) N d" 00 M LI) m Ln N N O� N O� O� N OM N M M M. Ln f, Ln .�-i I- 00 q L N ry C:N O iM N 0 0 M t O 111 N N Ln *-i N .--i d' N U- a) > r --,M N . q N r-1 ri ,-I N O onoo >— -,0 i9 �fl f�3 bH ffi ffl fA if3 iA Efl il4 ifl 3 ffl iH i ifi W Ln O °.-10 0 O � M M M M 1Nn O O O 000 � Lm N m 01 m �p t� O Ln O O N d' N O N Mm O 1 O clf1/ fn N N Ln r4 N M Ln M M� v O Ln W O W .�-I N S ,--I W +Pr b9 4dir Ifl- 4d1• lb5r 4d)- -bPr iR- 4d)- iR- 16r 4d�- 4d�- 4d3- 4d9- iR- +n- +8- O (1) 'c Q. O (1) O C a) > a) O ''' C) O ns >' L� N N 4- .� •0) .0CnL— E E ai 'U � = � a) •� •� Q] Q L c 4) OCO)V � SMO W 0 n LL -i co V) W 0- r LL L1 0 0 m co U) U_ Z 7 CL o .N-) E x m o aLO O IL J N C N N CK C N L C CL x W C LL L C G O !� V LP cu N U O � o 0 O) C co N L cu EL (o L A\ coo O o w 2006 LAUDERDALE BUDGET NARRATIVE a ; &Tj -I 'o t 01, 4 y., I Fund 101 GENERAL FUND REVENUES PROPERTY TAXES 101 31010 CURRENT AD VALOREM - same levy as the prior year 101 31020 DELINQUENT AD VALOREM - $0 budgeted 101 31030 FORFEITED TAX SALE - $0 budgeted 101 31040 FISCAL DISPARITIES - LICENSES & PERMITS $409,071 $78,198 101 32110 3.2 ALCOHOL LICENSE - Super USA has the only license $60 101 32120 CIGARETTE LICENSE - Super USA and JAL Amoco ($40 per license) $80 101 32130 GARBAGE HAULERS LICENSE - $65/per truck fee based on 5 vendors $800 101 32140 HEATINGIAC LICENSE - $35 per license $385 101 32150 TREE COMPANY LICENSE - $35 per license $175 101 32160 GAS STATION PERMIT - $20 for first pump, $10 for each add. pump, - 8 pumps, two vendors $80 101 32210 BUILDING PERMITS $10,000 101 32211 ZONING PERMIT APPLICATIONS — Permits for fences, driveways, and sidewalks $200 101 34102 PLAN REVIEW FEE - Plan reviews as required by the Building Code $1,000 101 32230 PLUMBING PERMITS - $150 101 32240 ANIMAL LICENSES - $10 per license $100 101 32270 HEATING AIC PERMITS - $250 101 32280 STREET EXCAVATION PERMIT - $20 per permit, plus $25/hour minimum inspection fee 2005 Lauderdale Budget Narrative and Notes, 2 INTERGOVERNMENTAL REVENUE 101 33400 STATE GRANTS AND AID 101 33401 LOCAL GOVERNMENT AID- This represents a $62,000 increase for 2006. 101 36253 PERA AID — no longer receiving PERA Aide 101 36253 OTHER STATE AID — Market Value Homestead Aide ends in 2006. GENERAL GOVERNMENT 101 34101 CITY HALL RENTAL - 101 34103 ADMINISTRATIVE FEE - 101 34105 SALE OF PUBLICATIONS 101 34107 ASSESSMENT SEARCHES 101 34109 COPIES 101 34110 VARIANCE FEES— 2000:$180; 2001:$150; 2002:$225: 2003:$225 101 34111 LEGAL FEES 101 34114 ADVERTISING SALES — sales associated with ads in the resident's guide/phone directory The guide was printed and distributed in 2004. The next guide will be done in 2006. 101 34115 GENERAL GOVERNMENT MISC. 101 34116 ENGINEERING FEES PUBLIC SAFETY 101 34201 POLICE- FALSE ALARM FEES 101 34202 FIRE- FALSE ALARM FEES 101 34203 FIRE INSPECTION FEE - should closely match fire inspection fees paid to Falcon Heights 101 35101 COURT FINES — 101 36100 SPECIAL ASSESSMENTS 2 $359,622 $2,000 $0 $50 $0 $10 $150 $0 $100 $2,500 $3,000 $30,000 2005 Lauderdale Budget Narrative and Notes, 3 INTEREST EARNINGS - 101 36211 INVESTMENT INTEREST— we are looking at anew investment plan to gain more Interest earnings. $8,000 OTHER REVENUE These are non -budgeted revenue items that (1) can sporadically and unpredictably produce revenue, (2) that off -set other expenses that are not captured, (3) or, in the case of surcharges, are remitted on behalf of other units of government 101 36230 DONATIONS 101 36240 SURCHARGES — these are state fees/taxes paid through building permit and other permit receipts 101 36250 REFUNDS & REIMBURSEMENTS 101 36251 ST. PAUL WATER REFUND 101 36252 LMC INSURANCE REFUND — a non -budgeted item that has netted between $3000-5000 annually 101 36255 MISC. 101 37240 SEWER CONNECTIONS/RECONNECTION 3 2005 Lauderdale Budget Narrative and Notes, 4 Fund 101 GENERAL FUND EXPENDITURES DEPT 41100 LEGISLATIVE Obj 103 PART TIME EMPLOYEES Below are the salaries of the Mayor and Council. There is no change from 2005. Mayor - $3,600/yr. Council Members - $2,400/yr. x 4 $9,600/yr, Obj 308 Obj 331 Obj 361 Obj 438 Obj 439 Obj 440 Obj 441 TRAININGICONFERENCES TRAVEL EXPENSE GENERAL LIABILITY — Spread between several departments. DUES & SUBSCRIPTIONS Minnesota Mayor's Association RC LLG Suburban Rate Authority AMM League of Minnesota Cities SPECIAL EVENTS - Total $13.200 $1,000 $100 $9,016 $50 $250 $300 $1,000 2150 Total $3,750 MEETING EXPENSES - Expenses for council meetings, public hearings, etc. - CONTRIBUTIONS - DEPT 41200 ADMINISTRATIVE Obj 101 FULL TIME EMPLOYEES REGULAR -30% Administrator's Salary, 15% Deputy Clerk Salary, 15% Assistant to the City Administrator & 10% P.W. Coordinator. OBJECT CODES 121-131 APPEAR IN ALL ASPECTS OF THE BUDGET WHERE SALARY IS ALLOCATED. Obj 121 PERA CONTRIBUTIONS (.06 X salary) Obj 122 FICA CONTRIBUTIONS (.0765X salary) =.0620 for Social Security and .0145 for Medicare Obj 123 ICMA RETIREMENT - Obj 131 GROUP INSURANCE —Employer contribution per month for group insurance. Obj 133 LIFE INSURANCE - This is included in the group insurance and does not apply any longer. Obj 151 WORKER'S COMP PREMIUM — 2 $100 $150 $769 Obj 201 Obj 202 Obj 203 Obj 208 Obj 306 Obj 308 Obj 331 Obj 361 Obj 391 Obj 401 Obj 404 Obj 409 Obj 420 Obj 437 Obj 438 2005 Lauderdale Budget Narrative and Notes, 5 GENERAL OFFICE SUPPLIES — This is a variable cost that covers the basic office supply needs of the City. Examples of expenditures are toner for the printer, paper, computer disks, etc. PERMANENT SUPPLIES — These are more permanent office expenses. POSTAGE - BOTTLED WATER CONSULTING FEES TRAININGICONFERENCES — (does not include travel) Administrator MAMA $200 MCMA/MACA Conference in Brainerd $500 LMC State or National ICMA Conference $1,100 Other meetings 1 000 COMPUTER REPAIR/MAINTENANCE - For emergency repairs. Sub Total Traininq- Staff $200 Budget for other seminars and computer training $2,200 TRAVEL EXPENSE - This is for parking and mileage for meetings and errands - $2,800 Total $2,000 $0 $1,200 $425 $1,000 $5,000 $2,500 GENERAL LIABILITY - (see 101-41100) TELEPHONE - we are switching to a new phone system in 2006 $3,500 COPIER CONTRACT — $250 per quarter. $1,000 COMPUTER REPAIR/MAINTENANCE - For emergency repairs. $500 OTHER EQUIPMENT REPAIR/MAINT. - For emergency repair of equipment such as the printer. $200 RENTAL EQUIPMENT SALES TAX $0 DUES & SUBSCRIPTIONS ICMA $650 MAMA/MCMA $125 MCFOA $50 E DEPT 41300 FINANCE Obj 2005 Lauderdale Budget Narrative and Notes, 6 FULL TIME EMPLOYEES REGULAR - 30% Administrator's salary, 35% Deputy Clerk salary, Pioneer Press $120 5% Assistant to the City Administrator salary. Sam's Club $70 Obj 201 LMC Directory $35 $500 Obj Assistants Association $100 AUDITING - Abdo, Abdo, Eick, and Meyers. $9,000 MPELRA $150 303 FINANCIAL SERVICES — Assistance with the annual TIF and State Auditor Report. Miscellaneous $1,200 Obj 307 Total $2,500 Obj 440 MEETING EXPENSES - $0 Obj 442 MISC — costs associated with employee hiring, sending new voter cards, etc. $250 Obj 534 OFFICE FURNITURE - This is for any miscellaneous office furniture 305 LEGAL FEES - $125/hr. $10,000 budgeted in 2004 needs that may arise throughout the course of the year. $0 Obj 538 COMPUTER SOFTWARE & EQUIPMENT $750 Hardware, Software and other computer upgrades. $200 DEPT 41300 FINANCE Obj 101 FULL TIME EMPLOYEES REGULAR - 30% Administrator's salary, 35% Deputy Clerk salary, 5% Assistant to the City Administrator salary. Obj 201 GENERAL SUPPLIES - This is for W-2 forms, ledger sheets, checks and other misc. supplies $500 Obj 301 AUDITING - Abdo, Abdo, Eick, and Meyers. $9,000 Obj 303 FINANCIAL SERVICES — Assistance with the annual TIF and State Auditor Report. $3,000 Obj 307 COMPUTER SERVICES - This is the cost for upgrades and support for the fixed asset, fund accounting & payroll software. $2,500 DEPT 41400 LEGAL - GENERAL Obj 305 LEGAL FEES - $125/hr. $10,000 budgeted in 2004 $15,000 Obj 355 MISC PRINTING/PROCESS SERVICE - $750 DEPT 41500 ELECTION Obj 101 FULL TIME EMPLOYEES REGULAR — 25% Deputy Clerk Salary Obj 104 TEMP EMPLOYEES - This accounts for election judges on 4 shifts (Primary and General) $1,700 6 2005 Lauderdale Budget Narrative and Notes, 7 Obi 201 GENERAL SUPPLIES - DEPT 42100 POLICE Obj 319 POLICE CONTRACT - This is the second year of a two year contract. The fee for 2005 will be $247,219, which is less than a 3% increase over 2004. $255,000 Obj 360 GENERAL LIABILITY - St. Anthony and Lauderdale are each responsible for 50% of claims up to the deductible amount of $10,000. $5,000 7 Election ballots $200 Voting Machine Supplies, prom packs $100 Misc., meals, signs 300 Total $600 Obj 331 TRAVEL EXPENSE - $75 Obj 409 OTHER EQUIPMENT REPAIR/MAINT. — Ramsey County service contract on voting machine and for general support $200 Obj 440 MEETING EXPENSES - $75 Obj 442 MISC — $0 Obj 539 VOTING MACHINE/BOOTHS — Capital purchase installment of the voting machine over a five-year period (2002-2006) from Ramsey County $1,600 DEPT 41600 COMMUNICATIONS Obj 101 FULL TIME EMPLOYEES REGULAR- 5% Administrator salary, 5% Deputy Clerk salary, 15% Assistant to the City Administrator. Obj 203 POSTAGE — Postage for mailing of newsletter 6 per year $3,300 Obj 309 DELIVERY - Half the cost of the delivery of Roseville Review (148.00 x 50) $7,500 Obj 351 LEGAL NOTICE PUBLICATION - Public Hearing Notices such as for the TNT Hearing $0 Obj 352 PUBLIC INF. NOTICES —City cost for County TNT and legal notice mailings. $300 Obj 353 NEWSLETTER PRINTING - newsletters 6 per year. $1,000 Obj 354 OTHER PRINTING — Resident's Guide and Phone Directory is printed in the even year $2,000 Obj 355 MISC. PRINTING — Building, HVAC, Zoning Permit apps and forms $250 DEPT 42100 POLICE Obj 319 POLICE CONTRACT - This is the second year of a two year contract. The fee for 2005 will be $247,219, which is less than a 3% increase over 2004. $255,000 Obj 360 GENERAL LIABILITY - St. Anthony and Lauderdale are each responsible for 50% of claims up to the deductible amount of $10,000. $5,000 7 2005 Lauderdale Budget Narrative and Notes, 8 DEPT 42200 FIRE PROTECTION PERMANENT SUPPLIES - Obj 320 FIRE CONTRACT — $16,000 Obj 321 FIRE CALLS - $20,000 Obj 322 FIRE FALSE ALARMS - $5,500 Obj 323 FIRE INSPECTION - $3,500 DEPT 42300 PROSECUTION Obj 305 LEGAL FEES - This represents $875 per month fee, which is a $25 per month increase. The $850 per month rate has been in effect since 2000. $10,500 Obj 355 MISC PRINTING/PROCESS SERVICE - $1,500 DEPT 43100 BUILDING & GROUNDS Obj 101 FULL TIME EMPLOYEES REGULAR - 5% P.W. Coordinator & 10% Maintenance. Obj 202 PERMANENT SUPPLIES - $1,100 Obj 212 MOTOR FUELS- $2,500 Obj 213 LUBRICANTS - Oil changes and misc. lubricants for vehicles. $175 Obj 225 LANDSCAPING MATERIALS $150 Obj 227 TOOLS & EQUIPMENT $250 Obj 228 REPAIRSISUPPLIES BLDGS&GRNDS - This is for upkeep and necessary upgrades to all public buildings. This includes cleaning supplies, cleaning service, as well as equipment maintenance costs. $1,200 Obj 308 TRAIN INGICONFERENCES $200 Obj 327 OTHER SERVICE -Truck Wash, Furnace Repair, Phone system maintenance, Fire Hydrant service, and other emergency repairs. $500 Obj 362 PROPERTY INSURANCE — $650 Obj 363 AUTOMOTIVE INSURANCE - $375 8 Obj 442 MISC Obj 530 FURNITURE & EQUIPMENT DEPT 43200 STREETS Obj 101 FULL TIME EMPLOYEES REGULAR - 10% P.W. Coordinator & 10% Maintenance. Obj 201 GENERAL SUPPLIES Obj 224 STREET MAINTENANCE SUPPLY Obj 225 LANDSCAPING MATERIALS - This is for sod, seed, etc. to repair any damage that may have 2005 Lauderdale Budget Narrative and Notes, 9 Obi 381 ELECTRIC The electric cost is budgeted in Building and Grounds and in Park SIGNS - This is to replace/repair existing signs and for any non -street or alley signs. $200 Obj 227 maintenance. $1,500 Obj 382 WATER — $75 Obj 383 GAS UTILITIES - The gas cost is split in the general fund in the Building and Grounds and Park salt, gravel or any other road materials. $275 Obj 313 Maintenance Departments $2,650 Obj 384 REFUSE DISPOSAL - This is for City Hall and the Park. $400 Obj 391 TELEPHONE/PAGER - $275 Obj 402 CITY TRUCK REPAIR/MAINTENANCE — we have two,pretty.new trucks $500 Obj 426 MACHINERY RENTAL - This is for any equipment/machinery that would 9 need to be rented to carry out City business. $300 Obj 442 MISC Obj 530 FURNITURE & EQUIPMENT DEPT 43200 STREETS Obj 101 FULL TIME EMPLOYEES REGULAR - 10% P.W. Coordinator & 10% Maintenance. Obj 201 GENERAL SUPPLIES Obj 224 STREET MAINTENANCE SUPPLY Obj 225 LANDSCAPING MATERIALS - This is for sod, seed, etc. to repair any damage that may have been done by road repair, snowplowing or tree removal. $0 Obj 226 SIGNS - This is to replace/repair existing signs and for any non -street or alley signs. $200 Obj 227 TOOLS & EQUIPMENT - This is for tools and equipment specific to street/alley repair and sign installation. It also includes safety equipment such as cones, vests, etc. $200 Obj 228 MISC REPAIRS MAINT SUPPLIES - These are for supplies such as asphalt, salt, gravel or any other road materials. $275 Obj 313 SNOW & ICE REMOVAL - This is for the contract with Ramsey County. $11,000 Obj 314 STREET SWEEPING - Contractor . Includes the spring and fall sweeping of all streets and alleys $5,000 Obj 324 ALLEY REPAIR — For any repair or other work the Council may want to conduct in regards to alley repair over the course of the year. $250 Obj 328 STREET REPAIR - $0 9 2005 Lauderdale Budget Narrative and Notes, 10 Obj 381 ELECTRIC FOR STREET LIGHTING - The electric costs solely for street lights. $5,500 DEPT 43300 ENGINEERING "! Obj 304 ENGINEERING - This cost is for general engineering that the City may need throughout the course of the year. $5,400 DEPT 43400 PLANNING, ZONING & INSPECTIONS Obj 101 FULL TIME EMPLOYEES REGULAR 15% Administrator's salary, 15% Assistant to the City Administrator, 5% Deputy Clerk & 10% P.W. Coordinator. Obj 104 TEMPORARY EMPLOYEES - DEPT 43500 TREES Obj 225 LANDSCAPING MATERIALS — For materials including tree replacement and other City greenspace needs. $500 Obj 308 TRAININGICONFERENCES - Tree Inspector Course and Certification. $150 10 Obj 201 GENERAL SUPPLIES - $100 Obj 202 PERMANENT SUPPLIES $100 _ Obj 306 CONSULTING — This area is for the technology services agreement with Roseville. It has also been used for ordinance codifications services. $2,500 Obj 308 TRAININGICONFERENCES - $500 Obj 310 PLUMBING INSPECTOR- This service is now provided by the City Building Inspector $0 Obj 312 BUILDING OFFICIAL- Costs generally associated with the commercial building inspector $2,000 Obj 327 OTHER SERVICES - $1,500 Obj 355 MISC. PRINTING - $250 Obj 386 GOPHER STATE ONE CALL - $250 Obj 443 SURCHARGE REPORT - As was mentioned on the revenue side, these are state user fees/taxes that are received from permitees. $400 Obj 327 SAFETY PROGRAMS AND TRAINING - Annual contract with Safe Assure reduced to less than $1,000 in 2004 through negotiations in conjunction with neighboring cities . $1,000 DEPT 43500 TREES Obj 225 LANDSCAPING MATERIALS — For materials including tree replacement and other City greenspace needs. $500 Obj 308 TRAININGICONFERENCES - Tree Inspector Course and Certification. $150 10 2005 Lauderdale Budget Narrative and Notes, i 1 Obi 317 TREE SERVICE — For emergency tree service due to storms and the removal of dead city trees $2,000 DEPT 45100 PARK /COMMUNITY EVENTS ADMINISTRATION Obj 101 FULL TIME EMPLOYEES REGULAR - 5% Deputy Clerk and 20% Assistant to the Administrator Obj 371 NON-RESIDENT REIMBURSEMENT - $300 DEPT 45200 PARK MAINTENANCE Obj 101 FULL TIME EMPLOYEES REGULAR - 20% P.W. Coordinator, 30% Maintenance Salary. Obj 103 TEMPORARY EMPLOYEES - Warming house attendants $4,000 Obj 201 GENERAL SUPPLIES — This area is for things like archery bales, extra rec. rock for the baseball diamond, etc. $1,500 Obj 225 LANDSCAPING MATERIALS - This is for any landscaping costs at the city park. $250 Obj 228 MISC REPAIRS /MAINT SUPPLIES - $1,000 Obj 317 TREE SERVICE - This is for any tree work in the park. $1,500 Obj 381 ELECTRIC - This is the electrical expense for the lights and the warming house at the Park. $750 Obj 383 GAS UTILITIES - This is the gas expense for the warming house at the Park. $2,000 Obj 384 REFUSE DISPOSAL - $500 Obj 391 TELEPHONE- This is the cost for having a phone in the warming house during the winter months. $250 Obj 412 WARMING HOUSE REPAIR/MAINT. For repairs and maint. in and around the warming house. $500 Obj 427 BIFFY RENTAL - May -September @ $80/mo. Also may need extra unit for Day in the Park $450 DEPT 45300 CONTINGENCY Obj 444 CONTINGENCY FUNDS — This fund is set aside to cover emergencies or any costs that the City has not planned for that may arise. $10,000 DEPT 45400 TRANSFERS OUT 11 $130,000 2005 Lauderdale Budget Narrative and Notes, 12 Obj 710 OPERATING TRANSFERS - the amount transferred will be calculated at year end according to Council policy. The total amount to transfer is the excess fund balance over 55% of the budgeted expenditures. Obj 721 OPERATING TRANSFER TO 201— Community Events Fund Obj 741 OPERATING TRANSFER TO 401 - 70% to Streets $ 0 Obj 742 OPERATING TRANSFER TO 402 - 5% to General Capital Improvement - $ 0 Obj 743 OPERATING TRANSFER TO 403 -15% to Storm Sewer $ 0 Obj 744 OPERATING TRANSFER TO 404 -10% to Park Improvements $ 0 Obj OPERATING TRANSFER TO 407 — Sewer Improvement Fund $ 0 Obj OPERATING TRANSFER TO 302 —2000 Improvements Debt Fund $25,000 Obj OPERATING TRANSFER TO 303 —2002 Improvements Debt Fund $35,000 Obj OPERATING TRANSFER TO 303 —2003 Improvements Debt Fund $70,000 12 Fund 201 COMMUNITY EVENTS FUND REVENUE: 34786 WINTER EVENT $270 34787 GARAGE SALE $60 34790 MUGS $875 34792 T-SHIRT SALES $100 34793 DAY IN THE PARK $1150 34795 HALLOWEEN EVENT $750 36210 INTEREST EARNINGS $75 36211 INVESTMENT INTEREST 36230 DONATIONS 36255 MISC. - HISTORY BOOK SALES $100 39200 INTERFUND OPERATING TRANSFERS - EXPENDITURES: 45600- 375 WINTER EVENT $760 376 GARAGE SALE $50 377 DAY IN THE PARK $875 378 NATIONAL NIGHT OUT $135 379 HALLOWEEN $400 437 SALES TAX $0 440 MEETING EXPENSES — pizza $200 2005 Lauderdale Budget Narrative and Notes Fund 202 COMMUNICATIONS FUND �i►[I] �! 36211 INVESTMENT INTEREST $500 33600 GRANTS - CTV - 36253 CABLE FRANCHISE REVENUE— $16,000 EXPENDITURES 49500- 101 FULL TIME EMPLOYEES REGULAR SALARY 201 GENERAL SUPPLIES 202 PERMANENT SUPPLIES 327 OTHER SERVICE — Annual Internet Service, Webcasting/webstreaming, and meeting programming, playback and storage. $2775 329 CABLE FRANCHISE FEE - $4,600 444 CONTINGENCY 530 FURNITURE & EQUIPMENT 531 CITY WEB SITE DEVELOPMENT AND OPERATION $360 Fund 203 RECYCLING FUND REVENUE 33622 COUNTY GRANTS - SCORE GRANT - $4,465 36100 SPECIAL ASSESSMENTS- The cost placed on the property tax statement for recycling services. $29.40 x 1178 per household per month. $34,633 36211 INVESTMENT INTEREST $200 36255 MISC. REVENUE 39200 INTERFUND OPERATING TRANSFERS EXPENDITURES 50000- 101 FULL TIME EMPLOYEES REGULAR 201 GENERAL SUPPLIES 202 PERMANENT SUPPLIES — Bins 327 OTHER — County Waste Management Assessment $0 389 RECYCLING CONTRACT— $27,600 444 CONTINGENCY 2 2005 Lauderdale Budget Narrative and Notes Fund 301 TAX INCREMENT DEBT SERVICE FUND Funds generated in this district, TIF District 1, are used to assist in funding the road improvement projects. REVENUE 31050 TAX INCREMENT - $140,000 39200 TRANSFERS — EXPENDITURES 47100- 710 Operating Transfers $140,000 Fund 302 2000 STREET AND UTILITY IMPROVEMENTS DEBT SERVICE FUND This is a debt service fund specifically used to finance the bonds from the 2000 Street and Utility Project. REVENUE 36100 SPECIAL ASSESSMENTS — $50,000 36211 INVESTMENT INTEREST $1,000 39200 TRANSFERS — There may need to be a transfer from other capital funds to finance $25,000 the principal and interest payment because the city has not levied property taxes or this debt service. EXPENDITURES 47100 601 BOND PRINCIPAL- $85,000 611 BOND INTEREST - $36,333 621 FILE MAINTENANCE CHARGES - $200 Fund 303 2002 STREET AND UTILITY IMPROVEMENTS DEBT SERVICE FUND REVENUE 36100 SPECIAL ASSESSMENTS — $45,000 36211 INVESTMENT INTEREST $2,000 39200 TRANSFERS — There may need to be a transfer from other capital funds $35,000 to finance the interest payment because the city has not levied property taxes for this debt service. c 2005 Lauderdale Budget Narrative and Notes EXPENDITURES 601 BOND PRINCIPAL- $110,000 611 BOND INTEREST - $45,003 621 FILE MAINTENANCE CHARGES - $200 Fund 304 2003 STREET AND UTILITY IMPROVEMENTS DEBT SERVICE FUND REVENUE 36100 SPECIAL ASSESSMENTS — $60,000 36211 INVESTMENT INTEREST $1,000 39200 TRANSFERS — There may need to be a transfer from other capital funds $70,000 to finance the interest payment because the city has not levied property taxes for this debt service. EXPENDITURES 601 BOND PRINCIPAL- $100,000 611 BOND INTEREST - $39,813 621 FILE MAINTENANCE CHARGES - $ 200 Fund 401 CAPITAL IMPROVEMENT - STREETS REVENUE 36211 INVESTMENT INTEREST $6,000 39200 INTERFUND OPERATING TRANSFERS — 39201 TRANSFER FROM GENERAL FUND BALANCE - 30% of the amount over 55% of the 2005 General Fund's fund balance at year-end will be transferred here. EXPENDITURES 48401- 304 ENGINEERING $5,000 317 TREE SERVICE $5,000 328 STREET REPAIR $40,000 4 2005 Lauderdale Budget Narrative and Notes Fund 402 GENERAL CAPITAL IMPROVEMENTS REVENUE 36211 INVESTMENT INTEREST $1,000 39200 INTERFUND OPERATING TRANSFERS - 39201 TRANSFER FROM GENERAL FUND BALANCE - $0 Also, 20% of the amount over 55% of the 2005 General Fund's fund balance will be transferred here. EXPENDITURES 48000- 510 LAND 520 BUILDINGS - $22,000 523 WARMING HOUSE- $0 531 OFFICE EQUIPMENT— $3,500 532 COPIER — 538 COMPUTERS — $5,000 543 TRACTOR — $20,000 562 TRUCK— $0 HISTORY OF EXPENDITURES: 1998: CITY HALL ROOF 1999: CITY HALL REMODEL, NEW ONE -TON TRUCK 2000: OFFICE COPIER 2001: BOBCAT 2002: SNOW BLOWER 2003: NONE 2004: SOCIAL ROOM WINDOWS AND LIGHTING 2005: PICK-UP TRUCK Fund 403 CAPITAL IMPROVEMENTS - STORM SEWER REVENUE 36211 INVESTMENT INTEREST - $1,000 37300 STORM SEWER FEE -The Council approved a storm sewer fee for a basic residential lot $47,000 of $7.50/quarter for 2004 for 498 accounts. Fee not increased since 2003. Residential $12,948 Condos $1,496.88 Commercial/Misc. $29,555.12 E 2005 Lauderdale Budget Narrative and Notes 20% of the amount over 55% of the 2005 General Fund's fund balance will be transferred here. EXPENDITURES 48403- 101 ENGINEERING — $1,000 554 CATCH BASIN REPAIRS/REPLACEMENTS - This line item is for all maintenance and repair of that would take place during the year to the storm sewer system. $1,000 NPDES PHASE II PERMIT $0 Fund 404 PARK IMPROVEMENT FUND REVENUE 36211 INVESTMENT INTEREST $1,200 39200 INTERFUND OPERATING TRANSFERS - 39201 TRANSFER FROM GENERAL FUND BALANCE — 30% of the amount over 55% of the 2005 General Fund's fund balance will be transferred here. EXPENDITURES 48404 - GENERAL PARK IMPROVEMENTS — Funds are not budgeted for 2006. Two picnic tables were purchased in 2005. Fund 601 SEWER UTILITY FUND REVENUE 37210 SEWER SALES AND SERVICE - Residential Units = 1178 x $42.00 per qtr = $49,476 per qtr. x 4 = $197,904 per year. Commercial accounts = average 4000 units per quarter x 4 x $2.02= $32,320 per year. $225,000 36102 PENALTIES & INTEREST 36211 INVESTMENT INTEREST - $2,500 36250 REFUNDS & REIMBURSEMENTS 37215 DELINQUENT SEWER RECEIPTS - EXPENDITURES 49000- 101 REGULAR FULL TIME EMPLOYEES 201 GENERAL SUPPLIES - $100 2 2005 Lauderdale Budget Narrative and Notes 202 PERMANENT SUPPLIES 203 POSTAGE - For Sewer bills - St. Paul Water Utility will do. 212 MOTOR FUELS & LUBRICANTS - See 101-43100-212 $500 224 STREET MAINTENANCE SUPPLY 225 LANDSCAPING MATERIALS 227 TOOLS & EQUIPMENT — $150 For the purchase of safety clothing such as gloves, boots, safety glasses, and helmets. 228 MISC. REPAIRS MAINT SUPPLIES $250 301 AUDITING - See 101-41300-301 304 ENGINEERING - $300 307 COMPUTER SERVICES - See 101-41300-307. 308 TRAINING\CONFERENCES - Sewer operator's licensing/seminar - $550 315 SEWER JETTING - Contracted out to Falcon Heights - $1,000 316 SEWER TELEVISING - 327 OTHER SERVICE - Services here are for repairing sewer breaks, $5,000 wastewater pump service maintenance and for St. Paul Water Utility's billing operation 355 MISC. PRINTING/PROCESS SERVICE - 361 GENERAL LIABILITY - Shared with the general fund $2,000 362 PROPERTY INSURANCE - Shared with the general fund $625 363 AUTOMOTIVE INSURANCE - Shared with the general fund $400 382 WATER - Water use at garage - $75 387 MISC CHARGES - Sewer Charges $110,000 402 CITY TRUCK REPAIR/MAINTENANCE $500 409 OTHER EQUIPMENT REPAIR/MAINTENANCE 424 VEHICLE RENTAL 425 CLOTHING - City provides uniforms for public works employees - $1,500 438 DUES & SUBSCRIPTIONS 442 MISC. $100 444 CONTINGENCY - For any unexpected sewer emergencies. - $1,000 501 DEPRECIATION- $10,000 521 CITY GARAGE - 530 FURNITURE & EQUIPMENT 538 COMPUTER SOFTWARE & EQUIPMENT - 540 MACHINERY & EQUIPMENT - $500 7 CITY OF LAUDERDALE Revenue Budget Worksheet 1 2006 2005 Account Descr Budget YTD Budget 2004 Amt 2003 Amt FUND 101 GENERAL R 101-31010 CURRENT AD VALOREM $409,071.00 $409,071.00 $338,435.55 $343,705.66 R 101-31020 DELINQUENT AD VALOREM $0.00 $0.00 -$1,034.11 $4,677.47 R 101-31030 FORFEITED TAX SALES $0.00 $0.00 $127.08 $485.92 R 101-31040 FISCAL DISPARITIES $78,198.00 $78,189.00 $84,407.70 $84,013.75 R 101-32110 3.2 ALCHOLIC LICENSE $60.00 $60.00 $30.00 $120.00 R 101-32120 CIGARETTE LICENSE $80.00 $80.00 $0.00 $120.00 R 101-32130 GARBAGE HAULERS LICENSE $800.00 $800.00 $1,625.00 $1,365.00 R 101-32140 HEATING/AC LICENSE $385.00 $385.00 $736.00 $1,015.00 R 101-32150 TREE COMPANIES LICENSE $175.00 $175.00 $175.00 $280.00 R 101-32160 GAS STATION LICENSE $80.00 $80.00 $30.00 $160.00 R 101-32170 DRIVEWAY CONTRACTOR'S LIC $0.00 $0.00 $0.00 $1,252.75 R 101-32210 BUILDING PERMITS $10,000.00 $5,000.00 $15,723.32 $14,139.82 R 101-32211 ZONING PERMIT APPLICATION $200.00 $200.00 $345.00 $830.00 R 101-32225 PLAN REVIEW FEE $1,000.00 $1,000.00 $5,169.37 $4,643.72 R 101-32230 PLUMBING PERMITS $150.00 $150.00 $704.00 $1,368.00 R 101-32240 ANIMAL LICENSES $100.00 $100.00 $130.00 $150.00 R 101-32260 VENDING PERMIT $0.00 $0.00 $0.00 $0.00 R 101-32270 HEATING A/C PERMIT $250.00 $250.00 $857.50 $1,384.25 R 101-32280 STREET EXCAVATION PERMIT $0.00 $0.00 $75.00 $150.00 R 101-33401 LOCAL GOVERNMENT AID $359,622.00 $296,712.00 $248,712.00 $248,712.00 R 101-33402 HOMESTEAD CREDIT $0.00 $0.00 $0.00 $45,070.00 R 101-33405 PERA RATE INCREASE $0.00 $1,198.00 $1,198.00 $1,198.00 R 101-33406 MARKET VAL HOM CRED/LIHAC $0.00 $13,202.00 $39,863.83 $13,284.00 R 101-33623 MET COUNCIL - LIV COMM GRA $0.00 $0.00 $0.00 $0.00 R 101-33624 LIVABLE COMMUNITIES $0.00 $0.00 $0.00 $0.00 R 101-34101 CITY HALL RENTAL $2,000.00 $500.00 $3,330.00 $2,425.00 R 101-34103 ADMINISTRATIVE FEE $0.00 $0.00 $15,240.00 $15,070.00 R 101-34105 SALE OF PUBLICATIONS $50.00 $50.00 $0.00 $0.00 R 101-34107 ASSESSMENT SEARCHES $0.00 $0.00 $0.00 $0.00 R 101-34109 COPIES $10.00 $10.00 $122.65 $16.83 R 101-34110 VARIANCE FEES $150.00 $150.00 $225.00 $225.00 R 101-34111 LEGAL FEES $0.00 $0.00 $4,109.56 $0.00 $0.00 R 101-34112 CONDITIONAL USE PERMITS $0.00 $0.00 $0.00 R 101-34113 ZONING AMENDMENT $0.00 $0.00 $100.00 $0.00 R 101-34114 ADVERTISING SALES $0.00 $0.00 $1,375.00 $0.00 $0.00 R 101-34115 GENERAL GOVERNMENT MISC. $5,000.00 $0.00 $0.00 R 101-34116 ENGINEERING FEES $0.00 $0.00 $0.00 $0.00 $0.00 R 101-34201 FALSE SECURITY ALARM - POLI $100.00 $100.00 $0.00 R 101-34202 FALSE FIRE ALARM - FIRE DEP $2,500.00 $5,000.00 $6,866.00 $2,199.00 R 101-34203 FIRE INSPECTION FEE $3,000.00 $2,000.00 $1,500.00 $0.00 R 101-35101 COURT FINES $30,000.00 $25,000.00 $35,704.77 $35,368.48 R 101-36100 SPECIAL ASSESMENTS $0.00 $0.00 $3,737.39 $3,093.17 R 101-36101 PRINCIPAL $0.00 $0.00 $0.00 $0.00 $72.74 $0.00 $168.90 R 101-36102 PENALTIES & INTEREST $50.00 $13.50 $0.00 R 101-36103 TREE REMOVAL $0.00 $0.00 $0.00 $20,000.00 $0.00 $58.38 R 101-36200 MISCELLANEOUS REVENUE $8,000.00 $6,000.00 $7,195.72 $4,870.69 R 101-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $2,000.00 R 101-36230 DONATIONS $250.00 $0.00 $533.05 $667.21 R 101-36240 SURCHARGES R101-36250 REFUNDS & REIMBURSEMENT $500.00 $0.00 $468.09 $87.18 R 101-36252 LMC INSURANCE REFUND $1,000.00 $0.00 $3,514.00 $4,611.00 $0.00 R 101-36255 MISC $0.00 $0.00 $0.00 $50.00 $0.00 $200.00 R 101-39101 SALES FIXED ASSETS $0.00 $0.00 $0.00 $0.00 $20,000.00 R 101-39200 INTERFUND OPERATING TRAN $0.00 $0.00 R 101-39999 PRIOR PERIOD ADJUSTMENT $0.00 $0.00 CITY OF LAUDERDALE Revenue Budget Worksheet 1 2006 2005 Account Descr Budget YTD Budget 2004 Amt 2003 Amt FUND 101 GENERAL $912,781.00 $865,462.00 $821,467.71 $859,186.18 FUND 201 COMMUNITY EVENTS $0.00 $0.00 $0.00 $0.00 R 201-34785 PARK EVENTS $0.00 $0.00 $0.00 $0.00 R 201-34786 WINTER EVENT $270.00 $100.00 $154.57 $179.35 R 201-34787 GARAGE SALE $60.00 $0.00 $50.00 $50.00 R 201-34788 DAY IN THE PARK $1,150.00 $1,000.00 $1,272.40 $1,331.56 R 201-34790 MUGS $0.00 $0.00 $0.00 $0.00 R 201-34791 POP SALES $0.00 $0.00 $0.00 $0.00 R 201-34792 T-SHIRT SALES $100.00 $100.00 $291.00 $0.00 R 201-34794 NATIONAL NIGHT OUT $0.00 $0.00 $0.00 $0.00 R 201-34795 HALLOWEEN DONATIONS $750.00 $800.00 $884.00 $835.00 R 201-36211 INVESTMENT INTEREST $75.00 $50.00 $31.91 $29.82 R 201-36230 DONATIONS $0.00 $0.00 $75.00 $0.00 R 201-36250 REFUNDS & REIMBURSEMENT $0.00 $0.00 $0.00 $0.00 R 201-36255 MISC $100.00 $100.00 $46.94 $50.00 R 201-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $0.00 R 201-39201 TRANFER FROM GENERAL FUN $0.00 $0.00 $0.00 $0.00 R 201-39206 TRANS FROM HALLOWEEN FU $0.00 $0.00 $0.00 $0.00 FUND 201 COMMUNITY EVENTS $2,505.00 $2,150.00 $2,805.82 $2,475.73 FUND 202 COMMUNICATIONS R 202-33600 GRANTS & AID FROM LOCAL G $0.00 $0.00 $0.00 -$4,000.00 R 202-36211 INVESTMENT INTEREST $500.00 $100.00 $386.54 $331.99 R 202-36250 REFUNDS & REIMBURSEMENT $0.00 $0.00 $0.00 $0.00 R 202-36253 CABLE FRANCHISE REVENUE $16,000.00 $13,000.00 $16,578.67 $18,299.69 FUND 202 COMMUNICATIONS $16,500.00 $13,100.00 $16,965.21 $14,631.68 FUND 203 RECYCLING $0.00 $0.00 $0.00 $0.00 R 203-33621 METROPOLITAN COUNCIL -BIN $0.00 $0.00 $0.00 $0.00 R 203-33622 COUNTY GRANTS $4,465.00 $4,520.00 $4,525.00 $4,079.00 R 203-36100 SPECIAL ASSESMENTS $39,633.00 $33,810.00 $34,286.98 $29,836.71 R 203-36101 PRINCIPAL $0.00 $0.00 $0.00 $0.00 R 203-36102 PENALTIES & INTEREST $0.00 $0.00 $426.65 $57.79 R 203-36211 INVESTMENT INTEREST $200.00 $300.00 $268.42 $183.46 R 203-36250 REFUNDS & REIMBURSEMENT $0.00 $0.00 $0.00 $0.00 R 203-36255 MISC $0.00 $0.00 $12.00 $0.00 R 203-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $0.00 FUND 203 RECYCLING $44,298.00 $38,630.00 $39,519.05 $34,156.96 FUND 301 TAX INCREMENT DEBT SERVICE R 301-31040 FISCAL DISPARITIES $0.00 $0.00 $0.00 $0.00 R 301-31050 TAX INCREMENT $140,000.00 $0.00 $132,192.93 $125,565.75 R 301-31051 DELINQUENT TAX INCREMENT $0.00 $0.00 $36.61 $0.00 R 301-33402 HOMESTEAD CREDIT $0.00 $0.00 $0.00 $8,839.00 R 301-33406 MARKET VAL HOM CRED/LINAC $0.00 $0.00 $8,077.00 $0.00 R 301-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 $0.00 R 301-36211 INVESTMENT INTEREST $750.00 $0.00 $256.75 $25.20 R 301-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $0.00 R 301-39205 TRANS FROM TIF PROJECT FU $0.00 $0.00 $0.00 $0.00 R 301-39999 PRIOR PERIOD ADJUSTMENT $0.00 $0.00 $0.00 $0.00 FUND 301 TAX INCREMENT DEBT SERVICE $140,750.00 $0.00 $140,563.29 $134,429.95 FUND 302'00 ST/UTIL IMP DEBT SERVICE CITY OF LAUDERDALE Revenue Budget Worksheet 1 FUND 302'00 ST/UTIL IMP DEBT SERVICE 2006 2005 $95,738.34 $113,554.72 Account Descr Budget YTD Budget 2004 Amt 2003 Amt R 302-36100 SPECIAL ASSESMENTS $50,000.00 $65,000.00 $60,722.72 $47,764.29 R 302-36102 PENALTIES & INTEREST $0.00 $0.00 $7,055.12 $8,370.70 R 302-36211 INVESTMENT INTEREST $1,000.00 $0.00 $2,960.50 $2,419.73 R 302-36250 REFUNDS & REIMBURSEMENT $0.00 $0.00 $0.00 $0.00 R 302-39200 INTERFUND OPERATING TRAN $25,000.00 $25,000.00 $25,000.00 $55,000.00 R 302-39310 GENERAL OBLIGATION BND PR $0.00 $0.00 $0.00 $0.00 FUND 302'00 ST/UTIL IMP DEBT SERVICE $76,000.00 $90,000.00 $95,738.34 $113,554.72 FUND 303'02 ST/UTIL IMP DEBT SERVICE R 303-36100 SPECIAL ASSESMENTS $45,000.00 $57,900.00 $48,089.61 $110,499.65 R 303-36102 PENALTIES & INTEREST $0.00 $0.00 $5,447.77 $0.15 R 303-36211 INVESTMENT INTEREST $2,000.00 $0.00 $3,280.28 $788.50 R 303-39200 INTERFUND OPERATING TRAN $35,000.00 $70,000.00 $70,000.00 $130,000.00 R 303-39310 GENERAL OBLIGATION BND PR $0.00 $0.00 $0.00 $0.00 FUND 303'02 ST/UTIL IMP DEBT SERVICE $82,000.00 $127,900.00 $126,817.66 $241,288.30 FUND 304'03 ST/UTIL IMP DEBT SERVICE R 304-36100 SPECIAL ASSESMENTS $60,000.00 $65,000.00 $230,450.52 $0.00 R 304-36102 PENALTIES & INTEREST $0.00 $0.00 $4.32 $0.00 R 304-36211 INVESTMENT INTEREST $1,000.00 $0.00 $2,134.21 $61.80 R 304-39200 INTERFUND OPERATING TRAN $40,000.00 $35,000.00 $35,000.00 $90,000.00 R 304-39310 GENERAL OBLIGATION BND PR $0.00 $0.00 $0.00 $18,620.00 FUND 304'03 ST/UTIL IMP DEBT SERVICE $101,000.00 $100,000.00 $267,589.05 $108,681.80 FUND 401 CAPITAL IMPROVEMENT STREETS $0.00 $0.00 $0.00 $79,487.45 R 401-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 R 401-36102 PENALTIES & INTEREST R 401-36211 INVESTMENT INTEREST $0.00 $6,000.00 $6,000.00 $4,122.51 $6,307.30 R 401-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $10,000.00 R 401-39201 TRANFER FROM GENERAL FUN $0.00 $0.00 $13,469.00 $19,392.00 R 401-39999 PRIOR PERIOD ADJUSTMENT $0.00 $0.00 $0.00 $0.00 FUND 401 CAPITAL IMPROVEMENT STREETS $6,000.00 $6,000.00 $17,591.51 $115,186.75 FUND 402 CAPITAL IMPROVEMENTS R 402-36211 INVESTMENT INTEREST $1,000.00 $1,000.00 $2,175.59 $6$0.19 R 402-36250 REFUNDS & REIMBURSEMENT $0.00 $0.00 $0.00 $0.00 R 402-39101 SALES FIXED ASSETS $0.00 $0.00 $3,000.00 $6,100.00 R 402-39200 INTERFUND OPERATING TRAN $0.00 $10,000.00 $10,000.00 $128,227.00 R 402-39201 TRANFER FROM GENERAL FUN $0.00 $0.00 $8,979.00 $12,928.00 R 402-39999 PRIOR PERIOD ADJUSTMENT $0.00 $0.00 $0.00 $0.00 FUND 402 CAPITAL IMPROVEMENTS $1,000.00 $11,000.00 $24,154.59 $147,892.19 FUND 403 CAPITAL IMPROVE STORM WATER R403-36211 INVESTMENT INTEREST $2,500.00 $1,000.00 $1,438.48 $3,112.24 R 403-36250 REFUNDS & REIMBURSEMENT $0.00 $0.00 $0.00 $0.00 R 403-37230 PENALTIES R 403-37300 STORM SEWER FEE $0.00 $47,000.00 $0.00 $47,000.00 $0.00 $46,178.27 $0.00 $46,437.18 R 403-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $0.00 R 403-39201 TRANFER FROM GENERAL FUN $0.00 $0.00 $8,979.00 $12,928.00 R 403-39999 PRIOR PERIOD ADJUSTMENT $0.00 $0.00 $0.00 $0.00 FUND 403 CAPITAL IMPROVE STORM WATER $49,500.00 $48,000.00 $56,595.75 $62,477.42 FUND 404 PARK IMPROVEMENT CITY OF LAUDERDALE Revenue Budget Worksheet 1 FUND 404 PARK IMPROVEMENT $1,200.00 $1,200.00 $14,904.23 $20,618.88 FUND 405 TIF -PROJECTS R 405-31050 TAX INCREMENT 2006 2005 $0.00 $0.00 Account Descr Budget YTD Budget 2004 Amt 2003 Amt R 404-33130 CDBG/DNR $0.00 $0.00 $272.00 $0.00 R 404-33400 STATE GRANTS AND AID $0.00 $0.00 $0.00 $0.00 R 404-36211 INVESTMENT INTEREST $1,200.00 $1,200.00 $1,163.23 $1,226.88 R 404-36230 DONATIONS $0.00 $0.00 $0.00 $0.00 R 404-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $0.00 R 404-39201 TRANFER FROM GENERAL FUN $0.00 $0.00 $13,469.00 $19,392.00 R 404-39204 TRANS FROM COMMUNITY EVE $0.00 $0.00 $0.00 $0.00 R 404-39999 PRIOR PERIOD ADJUSTMENT $0.00 $0.00 $0.00 $0.00 FUND 404 PARK IMPROVEMENT $1,200.00 $1,200.00 $14,904.23 $20,618.88 FUND 405 TIF -PROJECTS R 405-31050 TAX INCREMENT $0.00 $0.00 $0.00 $0.00 R 405-33419 LARPENTEUR AVE REIMBURSE $0.00 $0.00 $0.00 $0.00 R 405-36210 INTEREST EARNINGS $0.00 $0.00 $181.00 $0.00 R 405-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 405-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $0.00 R 405-39207 TRANS FROM DEBT SERVICE F $0.00 $0.00 $0.00 $0.00 R 405-39999 PRIOR PERIOD ADJUSTMENT $0.00 $0.00 $0.00 $0.00 FUND 405 TIF -PROJECTS $0.00 $0.00 $181.00 $0.00 FUND 406 FULHAM STREET IMPROVEMENT $0.00 $0.00 $0.00 $0.00 R 406-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 $0.00 R 406-36101 PRINCIPAL $0.00 $0.00 $0.00 $0.00 R 406-36102 PENALTIES & INTEREST $0.00 $0.00 $0.00 $0.00 R 406-36210 INTEREST EARNINGS $0.00 $0.00 $0.00 $0.00 R 406-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 406-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $0.00 FUND 406 FULHAM STREET IMPROVEMENT $0.00 $0.00 $0.00 $0.00 FUND 407 SEWER IMPROVEMENT $0.00 $0.00 $0.00 $0.00 R 407-33130 CDBG/DNR R 407-36200 MISCELLANEOUS REVENUE $0.00 $0.00 $0.00 $0.00 R 407-36211 INVESTMENT INTEREST $0.00 $700.00 $1,002.03 $1,295.57 R 407-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $0.00 R 407-39201 TRANFER FROM GENERAL FUN $0.00 $0.00 $0.00 $0.00 R 407-39202 CONTRIB FROM ENTERPRISE F $0.00 $0.00 $0.00 $0.00 R 407-39999 PRIOR PERIOD ADJUSTMENT $0.00 $0.00 $0.00 $0.00 FUND 407 SEWER IMPROVEMENT $0.00 $700.00 $1,002.03 $1,295.57 FUND 408 33RD AVE PROJECT $0.00 $0.00 $0.00 $0.00 R 408-33130 CDBG/DNR R 408-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 $0.00 R 408-36210 INTEREST EARNINGS $0.00 $0.00 $0.00 $0.00 R 408-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 408-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $0.00 R 408-39201 TRANFER FROM GENERAL FUN $0.00 $0.00 $0.00 $0.00 R 408-39203 TRANSFER FROM ST. IMPR. FU $0.00 $0.00 $0.00 $0.00 FUND 408 33RD AVE PROJECT $0.00 $0.00 $0.00 $0.00 FUND 409 WATER UTILITY R 409-36211 INVESTMENT INTEREST $0.00 $0.00 $1,026.58 $753.13 R 409-36240 SURCHARGES $0.00 $0.00 $0.00 $0.00 R 409-36250 REFUNDS & REIMBURSEMENT $0.00 $0.00 $0.00 $13,036.00 R 409-36251 ST. PAUL WATER SURCHARGE $0.00 $7,700.00 $8,518.68 $8,742.29 CITY OF LAUDERDALE Revenue Budget Worksheet 1 2006 2005 Account Descr Budget YTD Budget 2004 Amt 2003 Amt R 409-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $0.00 R 409-39201 TRANFER FROM GENERAL FUN $0.00 $0.00 $0.00 $0.00 FUND 409 WATER UTILITY $0.00 $7,700.00 $9,545.26 $22,531.42 FUND 410'00 ST/UTIL CONSTRUCTION $0.00 $0.00 $0.00 $0.00 R 410-33131 DNR FLOOD MITIGATION GRAN $0.00 $0.00 $0.00 $0.00 R 410-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 410-36250 REFUNDS & REIMBURSEMENT $0.00 $0.00 $0.00 $0.00 R 410-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $0.00 R 410-39310 GENERAL OBLIGATION BND PR $0.00 $0.00 $0.00 $0.00 R 410-48408 CDBG NBRHD UTIL IMPROVE $0.00 $0.00 $0.00 $0.00 FUND 410'00 ST/UTIL CONSTRUCTION $0.00 $0.00 $0.00 $0.00 FUND 411 '01 ST/UTIL CONSTRUCTION $0.00 $0.00 $0.00 $0.00 R 411-33131 DNR FLOOD MITIGATION GRAN $0.00 $0.00 $0.00 $0.00 R 411-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 $0.00 R 411-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 411-36250 REFUNDS & REIMBURSEMENT $0.00 $0.00 $0.00 $0.00 R 411-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $0.00 FUND 411 '01 ST/UTIL CONSTRUCTION $0.00 $0.00 $0.00 $0.00 FUND 412'02 ST/UTIL CONSTRUCTION $0.00 $0.00 $0.00 $0.00 R 412-33000 INTERGOVERNMENTAL REVEN $0.00 $0.00 $0.00 R 412-33130 CDBG/DNR $0.00 $0.00 $0.00 $0.00 R 412-33131 DNR FLOOD MITIGATION GRAN $0.00 $0.00 $0.00 -$0.49 R 412-36211 INVESTMENT INTEREST $0.00 $0.00 $3,474.23 $1,609.15 R 412-36250 REFUNDS & REIMBURSEMENT $0.00 $0.00 $499.50 $189,336.24 R 412-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $15,000.00 R 412-39310 GENERAL OBLIGATION BND PR $0.00 $0.00 $0.00 $0.00 FUND 412'02 ST/UTIL CONSTRUCTION $0.00 $0.00 $3,973.73 $205,944.90 FUND 413'03 ST/UTIL CONSTRUCTION $0.00 $0.00 $0.00 $0.00 R 413-33000 INTERGOVERNMENTAL REVEN R 413-33600 GRANTS & AID FROM LOCAL G $0.00 $0.00 $50,000.00 $0.00 R 413-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 $0.00 R 413-36211 INVESTMENT INTEREST $0.00 $0.00 $399.28 $7,975.43 R 413-36250 REFUNDS & REIMBURSEMENT $0.00 $0.00 -$0.25 $101,681.00 R 413-39200 INTERFUND OPERATING TRAN $0.00 $0.00 $0.00 $850,000.00 R 413-39310 GENERAL OBLIGATION BND PR $0.00 $0.00 $0.00 $962,274.42 FUND 413'03 ST/UTIL CONSTRUCTION $0.00 $0.00 $50,399.03 $1,921,930.85 FUND 601 SEWER UTILITIES R 601-33000 INTERGOVERNMENTAL REVEN $0.00 $0.00 $0.00 $0.00 R 601-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 $0.00 R 601-36101 PRINCIPAL $0.00 $0.00 $0.00 $0.00 R 601-36102 PENALTIES & INTEREST $0.00 $0.00 $0.00 $0.00 R 601-36104 SEWER ASSESSMENT $0.00 $0.00 $0.00 $0.00 R 601-36211 INVESTMENT INTEREST $2,500.00 $1,000.00 $2,243.61 $1,304.57 R 601-36230 DONATIONS $0.00 $0.00 $33,920.00 $0.00 R 601-36250 REFUNDS & REIMBURSEMENT $0.00 $0.00 $0.00 $248,227.48 R 601-36255 MISC $0.00 $0.00 $0.00 $0.00 R 601-37210 SEWER SALES AND SERVICE $225,000.00 $225,000.00 $224,321.19 $223,677.81 R 601-37215 DELINQUENT SEWER RECEIPT $0.00 $0.00 $0.00 $0.00 R 601-37230 PENALTIES $0.00 $0.00 $0.00 $0.00 CITY OF LAUDERDALE Revenue Budget Worksheet 1 FILTER: None 2006 2006 Account Descr Budget YTD Budget 2004 Amt 2003 Amt R 601-37240 SEWER CONNECTIONS/RECON $0.00 $0.00 $0.00 $0.00 R 601-39101 SALES FIXED ASSETS $0.00 $0.00 $0.00 $0.00 R 601-39999 PRIOR PERIOD ADJUSTMENT $0.00 $0.00 $0.00 $0.00 FUND 601 SEWER UTILITIES $227,500.00 $226,000.00 $260,484.80 $473,209.86 FUND 801 INVESTMENT TRUST FUND R 801-36211 INVESTMENT INTEREST $0.00 $0.00 -$0.02 $0.10 FUND 802 BOYER FUND R 802-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 -$0.29 FUND 999 GASB34 R 999-31010 CURRENT AD VALOREM $0.00 $0.00 $1,558.00 $0.00 R 999-36100 SPECIAL ASSESMENTS $0.00 $0.00 $207,086.00 $0.00 FUND 999 GASB34 $0.00 $0.00 $208,644.00 $0.00 $1,661,034.00 $1,537,842.00 $2,158,942.04 $4,479,492.97 FILTER: None CITY OF LAUDERDALE 12/06/05 11:18 AM Page 1 Expenditure Budget Worksheet 1 DEPT 41200 ADMINISTRATIVE 2004 2006 Account Descr 2003 Amt Amt Budget Budget FUND 101 GENERAL $0.00 $0.00 $0.00 $0.00 DEPT 41100 LEGISLATIVE $0.00 $0.00 $0.00 $0.00 E 101-41100-103 PART TIME EMPLOYEES $13,200.00 $13,200.00 $13,200.00 $13,200.00 E 101-41100-122 FICA CONTRIBUTIONS $1,009.80 $1,009.80 $1,010.00 $1,010.00 E 101-41100-123 STATE TAXES $0.00 $0.00 $0.00 $0.00 E 101-41100-201 GENERAL SUPPLIES $0.00 $0.00 $0.00 $0.00 E 101-41100-202 PERMENANT SUPPLIES $0.00 $0.00 $0.00 $0.00 E 101-41100-203 POSTAGE $0.00 $0.00 $0.00 $0.00 E 101-41100-305 LEGAL FEES $0.00 $500.00 $0.00 $500.00 E 101-41100-308 TRAINING\CONFERENCES $0.00 $70.00 $1,000.00 $1,000.00 E 101-41100-331 TRAVEL EXPENSE $0.00 $0.00 $100.00 $100.00 E 101-41100-352 PUBLIC INFO NOTICES $0.00 $0.00 $0.00 $0.00 E 101-41100-361 GENERAL LIABILITY $4,216.20 $3,780.90 $4,000.00 $4,000.00 E 101-41100-438 DUES & SUBSCRIPTIONS $2,301.20 $2,322.75 $3,150.00 $3,750.00 E 101-41100-439 SPECIAL EVENTS $0.00 $0.00 $250.00 $100.00 E 101-41100-440 MEETING EXPENSES $54.02 $55.33 $250.00 $250.00 E 101-41100-441 CONTRIBUTIONS $0.00 $0.00 $100.00 $0.00 DEPT 41100 LEGISLATIVE $20,781.22 $20,938.78 $23,060.00 $23,910.00 DEPT 41200 ADMINISTRATIVE E 101-41200-101 FULL TIME EMPLOYEES RE $39,619.99 $39,153.71 $40,243.00 $41,237.00 E 101-41200-102 EMPLOYEE OVERTIME $0.00 $0.00 $0.00 $0.00 E 101-41200-104 TEMP EMPLOYEES $0.00 $0.00 $0.00 $0.00 E 101-41200-121 PERA CONTRIBUTIONS $2,017.48 $2,247.37 $2,225.00 $2,439.00 E 101-41200-122 FICA CONTRIBUTIONS $2,870.25 $3,199.91 $3,079.00 $3,109.00 E 101-41200-126 ICMA RETIREMENT $0.00 $0.00 $0.00 $0.00 E 101-41200-131 HEALTH INSURANCE $6,848.48 $3,332.10 $4,229.00 $4,290.00 E 101-41200-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 E 101-41200-151 WORKERS' COMP PREMIU $367.40 $520.00 $454.00 $769.00 E 101-41200-201 GENERAL SUPPLIES $1,511.19 $1,988.23 $2,400.00 $2,000.00 E 101-41200-202 PERMENANT SUPPLIES $0.00 $0.00 $200.00 $0.00 E 101-41200-203 POSTAGE $728.67 $702.12 $1,200.00 $1,200.00 E 101-41200-208 WATER DELIVERY $329.81 $433.24 $400.00 $425.00 E 101-41200-227 TOOLS & EQUIPMENT $0.00 $0.00 $0.00 $0.00 E 101-41200-306 CONSULTING FEES $0.00 $0.00 $1,000.00 $1,000.00 E 101-41200-307 COMPUTER SERVICES $0.00 $0.00 $0.00 $0.00 E 101-41200-308 TRAIN I NG\CONFERENCES $1,314.16 $952.40 $2,500.00 $5,000.00 E 101-41200-327 OTHER SERV- SEWER/NPD $0.00 $0.00 $0.00 $0.00 E 101-41200-331 TRAVEL EXPENSE $959.60 $1,154.95 $1,700.00 $2,500.00 E 101-41200-355 MISC PRINTING/PROCESS $0.00 $0.00 $0.00 $0.00 E 101-41200-361 GENERAL LIABILITY $3,555.30 $2,894.85 $3,000.00 $3,000.00 E 101-41200-391 TELEPHONE/PAGERS $3,146.10 $2,728.58 $3,300.00 $3,500.00 E 101-41200-401 COPIER CONTRACT $938.50 $944.75 $1,000.00 $1,000.00 E 101-41200-404 COMPUTER REPAIR/MAINT $0.00 $0.00 $500.00 $500.00 E 101-41200-409 OTHER EQUIPMENT REPAI $325.09 $0.00 $200.00 $200.00 E 101-41200-420 RENTALS $0.00 $0.00 $0.00 $0.00 E 101-41200-437 SALES TAX $0.00 $0.00 $100.00 $0.00 E 101-41200-438 DUES & SUBSCRIPTIONS $1,776.10 $1,827.21 $1,500.00 $2,500.00 E 101-41200-439 SPECIAL EVENTS $0.00 $0.00 $0.00 $0.00 E 101-41200-440 MEETING EXPENSES $0.00 $0.00 $50.00 $0.00 E 101-41200-442 MISC $256.45 $263.97 $500.00 $250.00 E 101-41200-530 FURNITURE & EQUIPMENT $0.00 $0.00 $0.00 $0.00 E 101-41200-531 OFFICE EQUIPMENT $0.00 $0.00 $0.00 $0.00 E 101-41200-534 OFFICE FURNITURE $0.00 $585.63 $200.00 $0.00 E 101-41200-538 COMPUTER SOFTWARE & $60.15 $203.00 $1,500.00 $200.00 DEPT 41200 ADMINISTRATIVE $66,624.72 $63,132.02 $71,480.00 $75,119.00 DEPT 41300 FINANCE CITY OF LAUDERDALE Expenditure Budget Worksheet 1 12/06/05 11:18 AM Page 2 DEPT 41300 FINANCE DEPT 41400 LEGAL GENERAL E 101-41400-305 LEGAL FEES E 101-41400-355 MISC PRINTING/PROCESS DEPT 41400 LEGAL GENERAL DEPT 41500 ELECTIONS E 101-41500-101 FULL TIME EMPLOYEES RE E 101-41500-103 PART TIME EMPLOYEES E 101-41500-104 TEMP EMPLOYEES E 101-41500-121 PERA CONTRIBUTIONS E 101-41500-122 FICA CONTRIBUTIONS E 101-41500-131 HEALTH INSURANCE E 101-41500-133 LIFE INSURANCE E 101-41500-201 GENERAL SUPPLIES E 101-41500-202 PERMENANT SUPPLIES E 101-41500-327 OTHER SERV- SEWER/NPD E 101-41500-331 TRAVEL EXPENSE E 101-41500-352 PUBLIC INFO NOTICES E 101-41500-409 OTHER EQUIPMENT REPAI E 101-41500-440 MEETING EXPENSES E 101-41500-442 MISC E 101-41500-539 VOTING MACHINE DEPT 41500 ELECTIONS DEPT 41600 COMMUNICATIONS E 101-41600-101 FULL TIME EMPLOYEES RE E 101-41600-104 TEMP EMPLOYEES E 101-41600-121 PERA CONTRIBUTIONS E 101-41600-122 FICA CONTRIBUTIONS E 101-41600-131 HEALTH INSURANCE E 101-41600-133 LIFE INSURANCE E 101-41600-201 GENERAL SUPPLIES E 101-41600-202 PERMENANT SUPPLIES E 101-41600-203 POSTAGE E 101-41600-309 DELIVERY E 101-41600-351 LEGAL NOTICE PUBLICATIO E 101-41600-352 PUBLIC INFO NOTICES E 101-41600-353 NEWSLETTER PRINTING E 101-41600-354 PHONEBOOK PRINTING E 101-41600-355 MISC PRINTING/PROCESS DEPT 41600 COMMUNICATIONS $48,144.47 $49,957.95 $58,267.00 $63,785.00 $7,690.87 $12,008.00 $10,000.00 $15,000.00 $950.21 $629.97 $500.00 $750.00 $8,641.08 $12,637.97 $10,500.00 $15,750.00 $8,681.90 $8,273.86 $8,820.00 2004 $0.00 2006 Account Descr $0.00 2003 Amt Amt Budget Budget E 101-41300-101 FULL TIME EMPLOYEES RE $35,117.43 $33,864.00 $36,042.00 $39,027.00 E 101-41300-103 PART TIME EMPLOYEES $0.00 $0.00 $0.00 $0.00 E 101-41300-121 PERA CONTRIBUTIONS $1,782.73 $1,952.63 $1,993.00 $2,258.00 E 101-41300-122 FICA CONTRIBUTIONS $2,555.44 $2,809.89 $2,757.00 $2,880.00 E 101-41300-131 HEALTH INSURANCE $1,627.33 $2,264.93 $3,625.00 $4,620.00 E 101-41300-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 E 101-41300-201 GENERAL SUPPLIES $407.80 $0.00 $350.00 $500.00 E 101-41300-301 AUDITING $4,411.82 $6,742.08 $8,600.00 $9,000.00 E 101-41300-303 FINANCIAL CONTRACT $0.00 $0.00 $3,000.00 $3,000.00 E 101-41300-307 COMPUTER SERVICES $1,706.92 $1,706.92 $1,800.00 $2,500.00 E 101-41300-308 TRAIN ING\CONFERENCES $0.00 $0.00 $0.00 $0.00 E 101-41300-355 MISC PRINTING/PROCESS $0.00 $0.00 $0.00 $0.00 E 101-41300-442 MISC $535.00 $617.50 $100.00 $0.00 DEPT 41300 FINANCE DEPT 41400 LEGAL GENERAL E 101-41400-305 LEGAL FEES E 101-41400-355 MISC PRINTING/PROCESS DEPT 41400 LEGAL GENERAL DEPT 41500 ELECTIONS E 101-41500-101 FULL TIME EMPLOYEES RE E 101-41500-103 PART TIME EMPLOYEES E 101-41500-104 TEMP EMPLOYEES E 101-41500-121 PERA CONTRIBUTIONS E 101-41500-122 FICA CONTRIBUTIONS E 101-41500-131 HEALTH INSURANCE E 101-41500-133 LIFE INSURANCE E 101-41500-201 GENERAL SUPPLIES E 101-41500-202 PERMENANT SUPPLIES E 101-41500-327 OTHER SERV- SEWER/NPD E 101-41500-331 TRAVEL EXPENSE E 101-41500-352 PUBLIC INFO NOTICES E 101-41500-409 OTHER EQUIPMENT REPAI E 101-41500-440 MEETING EXPENSES E 101-41500-442 MISC E 101-41500-539 VOTING MACHINE DEPT 41500 ELECTIONS DEPT 41600 COMMUNICATIONS E 101-41600-101 FULL TIME EMPLOYEES RE E 101-41600-104 TEMP EMPLOYEES E 101-41600-121 PERA CONTRIBUTIONS E 101-41600-122 FICA CONTRIBUTIONS E 101-41600-131 HEALTH INSURANCE E 101-41600-133 LIFE INSURANCE E 101-41600-201 GENERAL SUPPLIES E 101-41600-202 PERMENANT SUPPLIES E 101-41600-203 POSTAGE E 101-41600-309 DELIVERY E 101-41600-351 LEGAL NOTICE PUBLICATIO E 101-41600-352 PUBLIC INFO NOTICES E 101-41600-353 NEWSLETTER PRINTING E 101-41600-354 PHONEBOOK PRINTING E 101-41600-355 MISC PRINTING/PROCESS DEPT 41600 COMMUNICATIONS $48,144.47 $49,957.95 $58,267.00 $63,785.00 $7,690.87 $12,008.00 $10,000.00 $15,000.00 $950.21 $629.97 $500.00 $750.00 $8,641.08 $12,637.97 $10,500.00 $15,750.00 $8,681.90 $8,273.86 $8,820.00 $10,990.00 $0.00 $0.00 $0.00 $0.00 $726.00 $1,713.50 $900.00 $1,700.00 $444.06 $477.42 $488.00 $942.00 $638.64 $690.08 $744.00 $1,201.00 $418.22 $515.95 $906.00 $2,310.00 $0.00 $0.00 $0.00 $0.00 $185.89 $184.47 $600.00 $600.00 $0.00 $0.00 $0.00 $0.00 $0.00 $127.05 $0.00 $0.00 $0.00 $0.00 $0.00 $75.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $225.00 $200.00 $21.00 $11.09 $0.00 $75.00 $0.00 $0.00 $0.00 $0.00 $1,604.45 $1,568.03 $1,600.00 $1,600.00 $12,720.16 $13,561.45 $14,283.00 $19,693.00 $11,263.14 $13,561.64 $13,950.00 $13,621.00 $0.00 $0.00 $0.00 $0.00 $576.31 $762.58 $771.00 $805.00 $813.17 $1,074.74 $1,067.00 $1,027.00 $377.85 $1,447.73 $1,813.00 $1,320.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,350.00 $1,200.00 $1,300.00 $3,300.00 $6,790.54 $8,469.00 $7,500.00 $7,500.00 $0.00 $0.00 $0.00 $0.00 -$0.20 $308.50 $200.00 $300.00 $675.95 $669.20 $800.00 $1,000.00 $0.00 $1,374.06 $0.00 $2,000.00 $290.79 $230.52 $400.00 $250.00 $22,137.55 $29,097.97 $27,801.00 $31,123.00 CITY OF LAUDERDALE Expenditure Budget Worksheet 1 12/06/05 11:18 AM Page 3 DEPT 42200 FIRE PROTECTION 2004 2006 Account Descr 2003 Amt Amt Budget Budget DEPT 42100 POLICE $11,547.65 $12,897.51 $14,500.00 $16,000.00 E 101-42100-202 PERMENANT SUPPLIES $0.00 $0.00 $0.00 $0.00 E 101-42100-319 POLICE CONTRACT $231,200.26 $240,817.87 $247,219.00 $255,000.00 E 101-42100-360 INSURANCE $0.00 $0.00 $5,000.00 $2,500.00 E 101-42100-391 TELEPHONE/PAGERS $0.00 $0.00 $0.00 $0.00 E 101-42100-442 MISC $56.04 $0.17 $0.00 $0.00 E 101-42100-530 FURNITURE & EQUIPMENT $0.00 $0.00 $0.00 $0.00 DEPT 42100 POLICE $231,256.30 $240,818.04 $252,219.00 $257,500.00 DEPT 42200 FIRE PROTECTION E 101-42200-202 PERMENANT SUPPLIES $0.00 $0.00 $0.00 $0.00 E 101-42200-320 FIRE CONTRACT $11,547.65 $12,897.51 $14,500.00 $16,000.00 E 101-42200-321 FIRE CALLS $15,618.00 $12,565.00 $20,000.00 $20,000.00 E 101-42200-322 FIRE FALSE ALARMS $4,128.50 $4,846.50 $5,000.00 $5,500.00 E 101-42200-323 FIRE INSPECTION $0.00 $2,200.00 $3,000.00 $3,500.00 E 101-42200-326 FIRE HYDRANT FEE $0.00 $0.00 $0.00 $0.00 DEPT 42200 FIRE PROTECTION $31,294.15 $32,509.01 $42,500.00 $45,000.00 DEPT 42300 PROSECUTION E 101-42300-305 LEGAL FEES $10,200.00 $10,200.00 $10,500.00 $10,500.00 E 101-42300-355 MISC PRINTING/PROCESS $946.98 $746.00 $1,200.00 $1,500.00 DEPT 42300 PROSECUTION $11,146.98 $10,946.00 $11,700.00 $12,000.00 DEPT 43100 BUILDING & GROUNDS E 101-43100-101 FULL TIME EMPLOYEES RE $7,093.63 $7,387.87 $7,334.00 $11,513.00 E 101-43100-103 PARTTIME EMPLOYEES $0.00 $0.00 $0.00 $0.00 E 101-43100-121 PERA CONTRIBUTIONS $393.00 $395.03 $406.00 $691.00 E 101-43100-122 FICA CONTRIBUTIONS $566.07 $572.23 $561.00 $881.00 E 101-43100-126 ICMA RETIREMENT $0.00 $0.00 $0.00 $0.00 E 101-43100-131 HEALTH INSURANCE $454.93 $575.32 $906.00 $1,320.00 E 101-43100-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 E 101-43100-151 WORKERS' COMP PREMIU $1,469.60 $2,080.00 $1,816.00 $3,095.00 E 101-43100-202 PERMENANT SUPPLIES $1,318.52 $1,080.51 $1,500.00 $1,100.00 E 101-43100-212 MOTOR FUELS $891.27 $1,800.41 $2,000.00 $2,500.00 E 101-43100-213 LUBRICANTS & OTHER FLUI $86.44 $182.08 $200.00 $175.00 E 101-43100-225 LANDSCAPING MATERIALS $0.00 $0.00 $200.00 $150.00 E 101-43100-227 TOOLS & EQUIPMENT $0.00 $0.00 $500.00 $250.00 E 101-43100-228 MISC REPAIRS MAINT SUPP $859.47 $668.83 $1,200.00 $1,200.00 E 101-43100-308 TRAIN ING\CONFERENCES $0.00 $0.00 $200.00 $200.00 E 101-43100-327 OTHER SERV- SEWER/NPD $439.98 $110.22 $1,000.00 $500.00 E 101-43100-332 MISC. TRAVEL EXPENSE $0.00 $0.00 $0.00 $0.00 E 101-43100-362 PROPERTY INSURANCE $726.00 $0.00 $629.00 $650.00 E 101-43100-363 AUTOMOTIVE INSURANCE $387.00 $0.00 $359.00 $375.00 E 101-43100-381 ELECTRIC $1,489.30 $1,495.85 $2,000.00 $1,500.00 E 101-43100-382 WATER $31.95 $59.89 $75.00 $75.00 E 101-43100-383 GAS UTILITIES $2,518.24 $2,650.84 $2,600.00 $2,650.00 E 101-43100-384 REFUSE DISPOSAL $403.30 $362.75 $400.00 $400.00 E 101-43100-391 TELEPHONE/PAGERS $194.57 $245.87 $170.00 $275.00 E 101-43100-402 CITY TRUCK REPAIR/MAINT $784.17 $1,063.39 $1,200.00 $500.00 E 101-43100-426 MACHINERY RENTAL $0.00 $0.00 $300.00 $300.00 E 101-43100-438 DUES & SUBSCRIPTIONS $0.00 $0.00 $0.00 $0.00 E 101-43100-440 MEETING EXPENSES $0.00 $0.00 $0.00 $0.00 E 101-43100-442 MISC $0.00 $0.00 $0.00 $0.00 E 101-43100-510 LAND $0.00 $0.00 $0.00 $0.00 E 101-43100-530 FURNITURE & EQUIPMENT $0.00 $0.00 $0.00 $0.00 E 101-43100-540 MACHINERY & EQUIPMENT $0.00 $0.00 $0.00 $0.00 CITY OF LAUDERDALE Expenditure Budget Worksheet 1 2004 2006 Account Descr 2003 Amt Amt Budget Budget 12/06/05 11:18 AM Page 4 DEPT 43100 BUILDING & GROUNDS $20,107.44 $20,731.09 $25,556.00 $30,300.00 DEPT 43200 STREETS $19,721.30 $22,363.66 $23,498.00 $21,721.00 E 101-43200-101 FULL TIME EMPLOYEES RE $9,607.83 $10,052.76 $10,080.00 $10,973.00 E 101-43200-103 PART TIME EMPLOYEES $0.00 $0.00 $0.00 $0.00 E 101-43200-121 PERA CONTRIBUTIONS $530.24 $536.24 $557.00 $658.00 E 101-43200-122 FICA CONTRIBUTIONS $763.62 $776.57 $771.00 $839.00 E 101-43200-126 ICMA RETIREMENT $0.00 $0.00 $0.00 $0.00 E 101-43200-131 HEALTH INSURANCE $638.53 $780.31 $1,208.00 $1,320.00 E 101-43200-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 E 101-43200-201 GENERAL SUPPLIES $0.00 $0.00 $0.00 $0.00 E 101-43200-212 MOTOR FUELS $0.00 $0.00 $0.00 $0.00 E 101-43200-213 LUBRICANTS & OTHER FLUI $0.00 $0.00 $0.00 $0.00 E 101-43200-224 STREET MAINTENANCE SU $0.00 $0.00 $0.00 $0.00 E 101-43200-225 LANDSCAPING MATERIALS $0.00 $0.00 $250.00 $0.00 E 101-43200-226 SIGNS $821.85 $0.00 $250.00 $200.00 E 101-43200-227 TOOLS & EQUIPMENT $0.00 $63.12 $200.00 $200.00 E 101-43200-228 MISC REPAIRS MAINT SUPP $19.69 $75.68 $300.00 $275.00 E 101-43200-308 TRAINING\CONFERENCES $0.00 $0.00 $0.00 $0.00 E 101-43200-313 SNOW & ICE REMOVAL $8,527.58 $4,866.82 $10,000.00 $11,000.00 E 101-43200-314 STREET SWEEPING $4,036.25 $4,399.50 $4,700.00 $5,000.00 E 101-43200-324 ALLEY REPAIR $42.60 $0.00 $500.00 $250.00 E 101-43200-328 STREET REPAIR $0.00 $0.00 $0.00 $0.00 E 101-43200-381 ELECTRIC $5,149.19 $5,177.18 $5,400.00 $5,500.00 E 101-43200-560 VEHICLE $0.00 $0.00 $0.00 $0.00 DEPT 43200 STREETS $30,137.38 $26,728.18 $34,216.00 $36,215.00 DEPT 43300 ENGINEERING E 101-43300-304 ENGINEERING $815.23 $1,320,00 $5,000.00 $5,000.00 E 101-43300-327 OTHER SERV- SEWER/NPD $220.00 $225.00 $400.00 $400.00 DEPT 43300 ENGINEERING $1,035.23 $1,545.00 $5,400.00 $5,400.00 DEPT 43400 PLANNING, ZONING & INSPECTIONS E 101-43400-101 FULL TIME EMPLOYEES RE $19,721.30 $22,363.66 $23,498.00 $21,721.00 E 101-43400-104 TEMP EMPLOYEES $0.00 $0.00 $0.00 $0.00 E 101-43400-121 PERA CONTRIBUTIONS $1,033.78 $1,216.85 $1,299.00 $1,303.00 E 101-43400-122 FICA CONTRIBUTIONS $1,486.39 $1,755.99 $1,798.00 $1,662.00 E 101-43400-126 ICMA RETIREMENT $0.00 $0.00 $0.00 $0.00 E 101-43400-131 HEALTH INSURANCE $1,047.17 $1,607.16 $2,719.00 $2,310.00 E 101-43400-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 E 101-43400-201 GENERAL SUPPLIES $0.00 $0.00 $100.00 $100.00 E 101-43400-202 PERMENANT SUPPLIES $0.00 $0.00. $100.00 $100.00 E 101-43400-203 POSTAGE $0.00 $0.00 $0.00 $0.00 E 101-43400-306 CONSULTING FEES $1,968.96 $2,475.45 $2,500.00 $2,500.00 E 101-43400-308 TRAINING\CONFERENCES $581.00 $280.00 $500.00 $500.00 E 101-43400-310 PLUMBING INSPECTOR $0.00 $0.00 $0.00 $0.00 E 101-43400-311 HEATING INSPECTOR $0.00 $0.00 $0.00 $0.00 E 101-43400-312 BUILDING INSPECTOR $0.00 $0.00 $2,000.00 $2,000.00 E 101-43400-327 OTHER SERV- SEWER/NPD $780.00 $780.00 $1,000.00 $1,500.00 E 101-43400-331 TRAVEL EXPENSE $0.00 $0.00 $0.00 $0.00 E 101-43400-355 MISC PRINTING/PROCESS $330.31 $0.00 $750.00 $250.00 E 101-43400-386 GOPHER STATE ONE CALL $7.60 $257.15 $250.00 $250.00 E 101-43400-388 SAC UNIT CHARGES PAID T $0.00 $0.00 $0.00 $0.00 E 101-43400-437 SALES TAX $0.00 $0.00 $0.00 $0.00 E 101-43400-442 MISC $8,601.75 $451.42 $0.00 $0.00 E 101-43400-443 SURCHARGE REPORT $373.97 $377.75 $300.00 $400.00 Account Descr CITY OF LAUDERDALE Expenditure Budget Worksheet 1 2004 2003 Amt Amt 2006 Budget Budget DEPT 43400 PLANNING, ZONING & INSPECTIONS $35,932.23 $31,565.43 $36,814.00 $34,596.00 DEPT 43500 TREES 12/06/05 11:18 AM Page 5 E 101-43500-225 LANDSCAPING MATERIALS $0.00 $0.00 $500.00 $500.00 E 101-43500-228 MISC REPAIRS MAINT SUPP $0.00 $0.00 $0.00 $0.00 E 101-43500-306 CONSULTING FEES $0.00 $0.00 $0.00 $0.00 E 101-43500-308 TRAIN ING\CONFERENCES $125.00 $130.00 $150.00 $150.00 E 101-43500-317 TREE SERVICE $787.91 $950.48 $3,000.00 $2,000.00 E 101-43500-327 OTHER SERV- SEWER/NPD $0.00 $0.00 $0.00 $0.00 E 101-43500-331 TRAVEL EXPENSE $0.00 $0.00 $0.00 $0.00 DEPT 43500 TREES $912.91 $1,080.48 $3,650.00 $2,650.00 DEPT 45100 PARK ADMINISTRATION $0.00 $0.00 $0.00 $0.00 E 101-45100-101 FULL TIME EMPLOYEES RE $9,924.62 $9,166.83 $9,554.00 $12,762.00 E 101-45100-121 PERA CONTRIBUTIONS $508.49 $549.10 $528.00 $754.00 E 101-45100-122 FICA CONTRIBUTIONS $727.69 $777.90 $731.00 $961.00 E 101-45100-126 ICMA RETIREMENT $0.00 $0.00 $0.00 $0.00 E 101-45100-131 HEALTH INSURANCE $438.42 $973.08 $1,208.00 $1,500.00 E 101-45100-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 E 101-45100-371 NON-RESIDENT REIMBURS $123.00 $139.00 $200.00 $300.00 E 101-45100-442 MISC $0.00 $0.00 $0.00 $0.00 DEPT 45100 PARK ADMINISTRATION $11,722.22 $11,605.91 $12,221.00 $16,277.00 DEPT 45200 PARK MAINTENANCE E 101-45200-101 FULL TIME EMPLOYEES RE $26,309.27 $25,353.36 $24,450.00 $26,600.00 E 101-45200-103 PART TIME EMPLOYEES $0.00 $0.00 $0.00 $0.00 E 101-45200-104 TEMP EMPLOYEES $3,778.50 $5,099.35 $3,000.00 $4,000.00 E 101-45200-121 PERA CONTRIBUTIONS $1,453.60 $1,385.12 $1,352.00 $1,788.00 E 101-45200-122 FICA CONTRIBUTIONS $2,382.27 $2,396.10 $2,100.00 $2,280.00 E 101-45200-131 HEALTH INSURANCE $1,732.02 $2,015.96 $3,021.00 $3,300.00 E 101-45200-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 E 101-45200-142 UNEMPLOYMENT BENEFIT $0.00 $0.00 $0.00 $0.00 E 101-45200-151 WORKERS' COMP PREMIU $183.70 $260.00 $227.00 $912.00 E 101-45200-201 GENERAL SUPPLIES $127.78 $26.78 $1,500.00 $1,500.00 E 101-45200-202 PERMENANT SUPPLIES $0.00 $0.00 $0.00 $0.00 E 101-45200-212 MOTOR FUELS $0.00 $0.00 $0.00 $0.00 E 101-45200-225 LANDSCAPING MATERIALS $0.00 $897.20 $500.00 $250.00 E 101-45200-228 MISC REPAIRS MAINT SUPP $11.61 $17.04 $1,000.00 $1,000.00 E 101-45200-317 TREE SERVICE $0.00 $2,662.50 $500.00 $1,500.00 E 101-45200-327 OTHER SERV- SEWER/NPD $0.00 $0.00 $0.00 $0.00 E 101-45200-381 ELECTRIC $314.12 $959.59 $700.00 $750.00 E 101-45200-383 GAS UTILITIES $1,230.12 $1,928.70 $1,300.00 $2,000.00 E 101-45200-384 REFUSE DISPOSAL $455.95 $362.70 $600.00 $500.00 E 101-45200-391 TELEPHONE/PAGERS $388.43 $57.79 $250.00 $250.00 E 101-45200-403 TRACTORIMOWER REPAIR/ $0.00 $580.63 $0.00 $0.00 E 101-45200-412 WARMING HOUSE REPAIR/ $170.37 $95.33 $500.00 $500.00 E 101-45200-427 PORTA POTTY RENTAL $506.88 $413.14 $450.00 $450.00 E 101-45200-437 SALES TAX -$22.00 $0.00 $0.00 $0.00 E 101-45200-536 PARK PHONE $0.00 $0.00 $0.00 $0.00 E 101-45200-540 MACHINERY & EQUIPMENT $0.00 $0.00 $0.00 $0.00 E 101-45200-550 OTHER IMPROVEMENTS $0.00 $0.00 $0.00 $0.00 DEPT 45200 PARK MAINTENANCE $39,022.62 $44,511.29 $41,450.00 $47,580.00 DEPT 45300 CONTINGENCY E 101-45300-101 FULL TIME EMPLOYEES RE $0.00 $0.00 $0.00 $0.00 E 101-45300-121 PERA CONTRIBUTIONS $0.00 $0.00 $0.00 $0.00 E 101-45300-122 FICA CONTRIBUTIONS $0.00 $0.00 $0.00 $0.00 Expenditure Budget Worksheet 1 12/06/05 11:18 AM Page 6 DEPT 45300 CONTINGENCY $0.00 $0.00 $10,000.00 $1,000.00 DEPT 45400 TRANSFERS OUT E 101-45400-710 OPERATING TRANSFERS $0.00 2004 $0.00 2006 Account Descr 2003 Amt Amt Budget Budget E 101-45300-131 HEALTH INSURANCE $0.00 $0.00 $0.00 $0.00 E 101-45300-442 MISC $0.00 $0.00 $0.00 $0.00 E 101-45300-444 CONTINGENCY FUNDS $0.00 $0.00 $10,000.00 $1,000.00 E 101-45300-710 OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 DEPT 45300 CONTINGENCY $0.00 $0.00 $10,000.00 $1,000.00 DEPT 45400 TRANSFERS OUT E 101-45400-710 OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 E 101-45400-721 OPERATING TRANSFER TO $0.00 $0.00 $0.00 $0.00 E 101-45400-731 OPERATING TRANSFER TO $0.00 $0.00 $0.00 $0.00 E 101-45400-732 OPERATING TRANSFER TO $25,000.00 $25,000.00 $25,000.00 $25,000.00 E 101-45400-733 OPERATING TRANSFER TO $100,000.00 $70,000.00 $70,000.00 $35,000.00 E 101-45400-734 OPERATING TRANSFER TO $60,000.00 $35,000.00 $35,000.00 $70,000.00 E 101-45400-741 OPERATING TRANSFER TO $19,392.00 $13,469.00 $0.00 $0.00 E 101-45400-742 OPERATING TRANSFER TO $12,928.00 $18,979.00 $10,000.00 $0.00 E 101-45400-743 OPERATING TRANSFER TO $12,928.00 $8,979.00 $0.00 $0.00 E 101-45400-744 OPERATING TRANSFER TO $19,392.00 $13,469.00 $0.00 $0.00 E 101-45400-747 OPERATING TRANSFER TO $0.00 $0.00 $0.00 $0.00 E 101-45400-749 OPERATING TRANSFER TO $0.00 $0.00 $0.00 $0.00 DEPT 45400 TRANSFERS OUT $249,640.00 $184,896.00 $140,000.00 $130,000.00 DEPT 48411 LIV COM LTRI E 101-48411-550 OTHER IMPROVEMENTS $0.00 $0.00 $0.00 $0.00 DEPT 48412 LIV COM LARPENTEUR AVE REDEVEL E 101-48412-550 OTHER IMPROVEMENTS $0.00 $4,837.50 $40,000.00 $10,000.00 E 101-48412-555 LARPENTEUR AVE REDEVE $0.00 $0.00 $0.00 $0.00 DEPT 48412 LIV COM LARPENTEUR AVE REDEVE $0.00 $4,837.50 $40,000.00 $10,000.00 FUND 101 GENERAL FUND 201 COMMUNITY EVENTS DEPT 45600 COMMUNITY EVENTS E 201-45600-201 GENERAL SUPPLIES E 201-45600-202 PERMENANT SUPPLIES E 201-45600-327 OTHER SERV- SEWER/NPD E 201-45600-352 PUBLIC INFO NOTICES E 201-45600-372 MUGS E 201-45600-373 T-SHIRTS E 201-45600-374 POP E 201-45600-375 WINTER EVENT E 201-45600-376 GARAGE SALE E 201-45600-377 DAY IN THE PARK E 201-45600-378 NATIONAL NIGHT OUT E 201-45600-379 HALLOWEEN EVENT E 201-45600-428 MISC RENTAL E 201-45600-437 SALES TAX E 201-45600-440 MEETING EXPENSES E 201-45600-744 OPERATING TRANSFER TO DEPT 45600 COMMUNITY EVENTS FUND 201 COMMUNITY EVENTS FUND 202 COMMUNICATIONS $841,256.66 $801,100.07 $861,117.00 $857,898.00 $0.00 $0.00 $0.00 $0.00 $76.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $455.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $638.74 $110.13 $600.00 $760.00 $37.50 $0.00 $50.00 $50.00 $990.35 $892.97 $800.00 $875.00 $124.46 $124.61 $100.00 $135.00 $42.53 $404.95 $300.00 $400.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $100.00 $0.00 $114.00 $214.95 $200.00 $200.00 $0.00 $0.00 $0.00 $0.00 $2,024.33 $2,202.61 $2,150.00 $2,420.00 $2,024.33 $2,202.61 $2,150.00 $2,420.00 CITY OF LAUDERDALE Expenditure Budget Worksheet 1 12/06/05 11:18 AM Page 7 DEPT 49500 CABLE T.V. $14,566.22 2004 $15,923.00 2006 Account Descr 2003 Amt Amt Budget Budget DEPT 49500 CABLE T.V. E 202-49500-101 FULL TIME EMPLOYEES RE $6,397.05 $7,385.87 $7,649.00 $13,621.00 E 202-49500-121 PERA CONTRIBUTIONS $321.74 $417.65 $423.00 $805.00 E 202-49500-122 FICA CONTRIBUTIONS $453.38 $587.88 $585.00 $1,027.00 E 202-49500-126 ICMA RETIREMENT $0.00 $0.00 $0.00 $0.00 E 202-49500-131 HEALTH INSURANCE $216.65 $762.90 $256.00 $1,500.00 E 202-49500-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 E 202-49500-201 GENERAL SUPPLIES $0.00 $0.00 $0.00 $0.00 E 202-49500-202 PERMENANT SUPPLIES $0.00 $0.00 $0.00 $0.00 E 202-49500-305 LEGAL FEES $0.00 $0.00 $0.00 $0.00 E 202-49500-307 COMPUTER SERVICES $0.00 $0.00 $0.00 $0.00 E 202-49500-327 OTHER SERV- SEWER/NPD $2,695.69 $2,346.79 $2,750.00 $2,775.00 E 202-49500-329 CABLE FRANCHISE FEE $3,796.71 $3,685.84 $3,900.00 $4,600.00 E 202-49500-409 OTHER EQUIPMENT REPAI $0.00 $0.00 $0.00 $0.00 E 202-49500-426 MACHINERY RENTAL $0.00 $0.00 $0.00 $0.00 E 202-49500-437 SALES TAX $0.00 $0.00 $0.00 $0.00 E 202-49500-444 CONTINGENCY FUNDS $0.00 $0.00 $0.00 $0.00 E 202-49500-530 FURNITURE & EQUIPMENT $0.00 $0.00 $0.00 $0.00 E 202-49500-531 OFFICE EQUIPMENT $685.00 $360.00 $360.00 $360.00 E 202-49500-532 COPIER $0.00 $0.00 $0.00 $0.00 DEPT 49500 CABLE T.V. $14,566.22 $15,546.93 $15,923.00 $24,688.00 FUND 202 COMMUNICATIONS $14,566.22 $15,546.93 $15,923.00 $24,688.00 FUND 203 RECYCLING DEPT 50000 RECYCLING E 203-50000-101 FULL TIME EMPLOYEES RE $4,964.89 $8,660.96 $8,792.00 $7,923.00 E 203-50000-121 PERA CONTRIBUTIONS $257.68 $453.19 $486.00 $475.00 E 203-50000-122 FICA CONTRIBUTIONS $356.41 $638.39 $673.00 $606.00 E 203-50000-126 ICMA RETIREMENT $0.00 $0.00 $0.00 $0.00 E 203-50000-131 HEALTH INSURANCE $80.78 $889.86 $1,208.00 $900.00 E 203-50000-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 E 203-50000-201 GENERAL SUPPLIES $0.00 $0.00 $0.00 $0.00 E 203-50000-202 PERMENANT SUPPLIES $199.60 $0.00 $0.00 $0.00 E 203-50000-327 OTHER SERV- SEWER/NPD $288.40 $290.80 $1,000.00 $0.00 E 203-50000-389 RECYCLING CONTRACTOR $28,979.50 $30,341.41 $27,600.00 $27,600.00 E 203-50000-437 SALES TAX $0.00 $0.00 $20.00 $0.00 E 203-50000-438 DUES & SUBSCRIPTIONS $0.00 $0.00 $0.00 $0.00 E 203-50000-440 MEETING EXPENSES $0.00 $0.00 $0.00 $0.00 E 203-50000-444 CONTINGENCY FUNDS $0.00 $0.00 $0.00 $0.00 DEPT 50000 RECYCLING $35,127.26 $41,274.61 $39,779.00 $37,504.00 FUND 203 RECYCLING $35,127.26 $41,274.61 $39,779.00 $37,504.00 FUND 301 TAX INCREMENT DEBT SERVICE DEPT 47100 TAX INCREMENT BONDS $0.00 $0.00 $0.00 $0.00 E 301-47100-101 FULL TIME EMPLOYEES RE E 301-47100-121 PERA CONTRIBUTIONS $0.00 $0.00 $0.00 $0.00 E 301-47100-122 FICA CONTRIBUTIONS $0.00 $0.00 $0.00 $0.00 E 301-47100-131 HEALTH INSURANCE $0.00 $0.00 $0.00 $0.00 E 301-47100-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 E 301-47100-444 CONTINGENCY FUNDS $0.00 $0.00 $0.00 $0.00 E 301-47100-601 BOND PRINCIPAL $130,000.00 $140,000.00 $0.00 $0.00 E 301-47100-611 BOND INTEREST $11,755.00 $4,025.00 $0.00 $0.00 E 301-47100-621 FILE MAINTENANCE CHARG $0.00 $0.00 $0.00 $0.00 E 301-47100-710 OPERATING TRANSFERS $0.00 $0.00 $54,598.00 $140,000.00 E 301-47100-745 OPERATING TRANSFER TO $0.00 $0.00 $0.00 $0.00 CITY OF LAUDERDALE 12/06/05 11:18 AM Page 8 Expenditure Budget Worksheet 1 Account Descr 2003 Amt 2004 Amt Budget 2006 Budget DEPT 47100 TAX INCREMENT BONDS $141,755.00 $144,025.00 $54,598.00 $140,000.00 FUND 301 TAX INCREMENT DEBT SERVICE $141,755.00 $144,025.00 $54,598.00 $140,000.00 FUND 302'00 ST/UTIL IMP DEBT SERVICE DEPT 47200'00 ST/UTIL BONDS E 302-47200-303 FINANCIAL CONTRACT $208.13 $316.26 $0.00 $0.00 E 302-47200-601 BOND PRINCIPAL $75,000.00 $75,000.00 $80,000.00 $85,000.00 E 302-47200-611 BOND INTEREST $49,257.50 $45,113.41 $40,870.00 $36,333.00 E 302-47200-621 FILE MAINTENANCE CHARG $0.00 $0.00 $175.00 $200.00 E 302-47200-710 OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 DEPT 47200'00 ST/UTIL BONDS $124,465.63 $120,429.67 $121,045.00 $121,533.00 FUND 302'00 ST/UTIL IMP DEBT SERVICE $124,465.63 $120,429.67 $121,045.00 $121,533.00 FUND 303'02 ST/UTIL IMP DEBT SERVICE DEPT 47300'02 ST/UTIL BONDS E 303-47300-303 FINANCIAL CONTRACT $932.08 $373.75 $0.00 $0.00 E 303-47300-601 BOND PRINCIPAL $0.00 $0.00 $115,000.00 $110,000.00 E 303-47300-611 BOND INTEREST $55,580.01 $47,640.00 $45,915.00 $45,003.00 E 303-47300-621 FILE MAINTENANCE CHARG $0.00 $0.00 $1,000.00 $200.00 DEPT 47300'02 ST/UTIL BONDS $56,512.09 $48,013.75 $161,915.00 $155,203.00 FUND 303'02 ST/UTIL IMP DEBT SERVICE $56,512.09 $48,013.75 $161,915.00 $155,203.00 FUND 304'03 ST/UTIL IMP DEBT SERVICE DEPT 47200'00 ST/UTIL BONDS E 304-47200-303 FINANCIAL CONTRACT $0.00 $0.00 $0.00 $0.00 E 304-47200-611 BOND INTEREST $0.00 $0.00 $0.00 $0.00 DEPT 47200'00 ST/UTIL BONDS $0.00 $0.00 $0.00 $0.00 DEPT 47400'03 ST/UTIL BONDS E 304-47400-303 FINANCIAL CONTRACT $0.00 $402.50 $0.00 $0.00 E 304-47400-601 BOND PRINCIPAL $0.00 $0.00 $0.00 $100,000.00 E 304-47400-610 INTEREST $0.00 $0.00 $0.00 $0.00 E 304-47400-611 BOND INTEREST $0.00 $32,585.00 $27,390.00 $39,813.00 E 304-47400-621 FILE MAINTENANCE CHARG $0.00 $0.00 $500.00 $200.00 DEPT 47400'03 ST/UTIL BONDS $0.00 $32,987.50 $27,890.00 $140,013.00 FUND 304'03 ST/UTIL IMP DEBT SERVICE $0.00 $32,987.50 $27,890.00 $140,013.00 FUND 401 CAPITAL IMPROVEMENT STREETS DEPT 48401 STREET IMPROVEMENTS E 401-48401-303 FINANCIAL CONTRACT $0.00 $0.00 $0.00 $0.00 E 401-48401-304 ENGINEERING $32,348.67 $0.00 $0.00 $5,000.00 E 401-48401-317 TREE SERVICE $0.00 $0.00 $0.00 $5,000.00 E 401-48401-328 STREET REPAIR $1,188.99 $0.00 $20,000.00 $40,000.00 E 401-48401-710 OPERATING TRANSFERS $389,250.00 $0.00 $0.00 $0.00 DEPT 48401 STREET IMPROVEMENTS $422,787.66 $0.00 $20,000.00 $50,000.00 FUND 401 CAPITAL IMPROVEMENT STREETS $422,787.66 $0.00 $20,000.00 $50,000.00 FUND 402 CAPITAL IMPROVEMENTS Expenditure Budget Worksheet 1 12/06/05 11:18 AM Page 9 DEPT 48000 GENERAL CAPITAL IMPROVEMENTS FUND 402 CAPITAL IMPROVEMENTS FUND 403 CAPITAL IMPROVE STORM WATER DEPT 48403 STORM SEWER IMPROVEMNTS E 403-48403-101 FULL TIME EMPLOYEES RE E 403-48403-121 PERA CONTRIBUTIONS E 403-48403-122 FICA CONTRIBUTIONS E 403-48403-131 HEALTH INSURANCE E 403-48403-133 LIFE INSURANCE E 403-48403-201 GENERAL SUPPLIES E 403-48403-304 ENGINEERING E 403-48403-327 OTHER SERV- SEWER/NPD E 403-48403-328 STREET REPAIR E 403-48403-444 CONTINGENCY FUNDS E 403-48403-554 CATCH BASIN REPAIRS E 403-48403-710 OPERATING TRANSFERS DEPT 48403 STORM SEWER IMPROVEMNTS FUND 403 CAPITAL IMPROVE STORM WATER FUND 404 PARK IMPROVEMENT DEPT 48404 PARK IMPROVEMENTS E 404-48404-437 SALES TAX E 404-48404-510 LAND E 404-48404-524 PICNIC SHELTER E 404-48404-525 PLAYGROUND (CDBG) E 404-48404-526 PARK PATH (CDBG) E 404-48404-527 GENERAL PARK IMPROVEM DEPT 48404 PARK IMPROVEMENTS FUND 404 PARK IMPROVEMENT FUND 405 TIF -PROJECTS DEPT 48500 TIF - PROJECTS E 405-48500-101 FULL TIME EMPLOYEES RE E 405-48500-121 PERA CONTRIBUTIONS E 405-48500-122 FICA CONTRIBUTIONS E 405-48500-131 HEALTH INSURANCE E 405-48500-133 LIFE INSURANCE $0.00 $25,521.77 $28,000.00 $50,500.00 $0.00 $25,521.77 $28,000.00 $50,500.00 $17,907.09 $28,483.44 $31,480.00 $28,026.00 $972.62 $1,390.00 2004 $1,670.00 2006 Account Descr 2003 Amt Amt Budget Budget DEPT 48000 GENERAL CAPITAL IMPROVEMENTS $3,000.00 $0.00 $0.00 $0.00 E 402-48000-510 LAND $0.00 $0.00 $0.00 $0.00 E 402-48000-520 BUILDINGS $0.00 $22,756.17 $0.00 $22,000.00 E 402-48000-521 CITY GARAGE $0.00 $321.92 $1,500.00 $0.00 E 402-48000-523 WARMING HOUSE $0.00 $2,443.68 $1,500.00 $0.00 E 402-48000-530 FURNITURE & EQUIPMENT $0.00 $0.00 $0.00 $0.00 E 402-48000-531 OFFICE EQUIPMENT $0.00 $0.00 $0.00 $3,500.00 E 402-48000-532 COPIER $0.00 $0.00 $0.00 $0.00 E 402-48000-535 FURNACE/AC $0.00 $0.00 $0.00 $0.00 E 402-48000-538 COMPUTER SOFTWARE & $0.00 $0.00 $0.00 $5,000.00 E 402-48000-540 MACHINERY & EQUIPMENT $0.00 $0.00 $0.00 $0.00 E 402-48000-543 TRACTOR $0.00 $0.00 $0.00 $20,000.00 E 402-48000-550 OTHER IMPROVEMENTS $0.00 $0.00 $0.00 $0.00 E 402-48000-560 VEHICLE $0.00 $0.00 $0.00 $0.00 E 402-48000-562 TRUCK $0.00 $0.00 $25,000.00 $0.00 DEPT 48000 GENERAL CAPITAL IMPROVEMENTS FUND 402 CAPITAL IMPROVEMENTS FUND 403 CAPITAL IMPROVE STORM WATER DEPT 48403 STORM SEWER IMPROVEMNTS E 403-48403-101 FULL TIME EMPLOYEES RE E 403-48403-121 PERA CONTRIBUTIONS E 403-48403-122 FICA CONTRIBUTIONS E 403-48403-131 HEALTH INSURANCE E 403-48403-133 LIFE INSURANCE E 403-48403-201 GENERAL SUPPLIES E 403-48403-304 ENGINEERING E 403-48403-327 OTHER SERV- SEWER/NPD E 403-48403-328 STREET REPAIR E 403-48403-444 CONTINGENCY FUNDS E 403-48403-554 CATCH BASIN REPAIRS E 403-48403-710 OPERATING TRANSFERS DEPT 48403 STORM SEWER IMPROVEMNTS FUND 403 CAPITAL IMPROVE STORM WATER FUND 404 PARK IMPROVEMENT DEPT 48404 PARK IMPROVEMENTS E 404-48404-437 SALES TAX E 404-48404-510 LAND E 404-48404-524 PICNIC SHELTER E 404-48404-525 PLAYGROUND (CDBG) E 404-48404-526 PARK PATH (CDBG) E 404-48404-527 GENERAL PARK IMPROVEM DEPT 48404 PARK IMPROVEMENTS FUND 404 PARK IMPROVEMENT FUND 405 TIF -PROJECTS DEPT 48500 TIF - PROJECTS E 405-48500-101 FULL TIME EMPLOYEES RE E 405-48500-121 PERA CONTRIBUTIONS E 405-48500-122 FICA CONTRIBUTIONS E 405-48500-131 HEALTH INSURANCE E 405-48500-133 LIFE INSURANCE $0.00 $25,521.77 $28,000.00 $50,500.00 $0.00 $25,521.77 $28,000.00 $50,500.00 $17,907.09 $28,483.44 $31,480.00 $28,026.00 $972.62 $1,390.00 $1,741.00 $1,670.00 $1,400.55 $2,004.27 $2,408.00 $2,129.00 $1,036.02 $1,973.68 $3,504.00 $3,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $12,056.86 $0.00 $1,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,500.00 $1,000.00 $216,250.00 $0.00 $0.00 $0.00 $249,623.14 $33,851.39 $41,633.00 $36,825.00 $249,623.14 $33,851.39 $41,633.00 $36,825.00 $0.00 $0.00 $0.00 $0.00 $0.00 $32,738.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,464.38 $0.00 $10,000.00 $0.00 $1,464.38 $32,738.00 $10,000.00 $0.00 $1,464.38 $32,738.00 $10,000.00 $0.00 $7,828.55 $5,157.89 $5,374.00 $0.00 $385.64 $341.52 $297.00 $0.00 $550.06 $488.70 $411.00 $0.00 $352.89 $366.89 $423.00 $0.00 $0.00 $0.00 $0.00 $0.00 CITY OF LAUDERDALE Expenditure Budget Worksheet 1 12/06/05 11:18 AM Page 10 DEPT 48500 TIF - PROJECTS $226,033.00 $7,042.00 $7,205.00 $0.00 FUND 405 TIF -PROJECTS FUND 406 FULHAM STREET IMPROVEMENT DEPT 48406 FULHAM STREET IMPROVEMENT E 406-48406-328 STREET REPAIR E 406-48406-710 OPERATING TRANSFERS DEPT 48406 FULHAM STREET IMPROVEMENT FUND 406 FULHAM STREET IMPROVEMENT FUND 407 SEWER IMPROVEMENT DEPT 48407 SEWER IMPROVEMENTS E 407-48407-304 ENGINEERING E 407-48407-328 STREET REPAIR E 407-48407-521 CITY GARAGE E 407-48407-544 LIFT STATIONS E 407-48407-562 TRUCK E 407-48407-710 OPERATING TRANSFERS DEPT 48407 SEWER IMPROVEMENTS FUND 407 SEWER IMPROVEMENT FUND 408 33RD AVE PROJECT DEPT 48408 CDBG NBRHD ULTIL IMPROVE E 408-48408-550 OTHER IMPROVEMENTS E 408-48408-710 OPERATING TRANSFERS DEPT 48408 CDBG NBRHD ULTIL IMPROVE FUND 408 33RD AVE PROJECT FUND 409 WATER UTILITY DEPT 48409 WATER IMPROVEMENTS E 409-48409-328 STREET REPAIR FUND 410'00 ST/UTIL CONSTRUCTION DEPT 48410 STREET & UTILITY CONSTRUCTION E 410-48410-303 FINANCIAL CONTRACT E 410-48410-304 ENGINEERING E 410-48410-305 LEGAL FEES $226,033.00 $7,042.00 $7,205.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2004 $0.00 2006 Account Descr 2003 Amt Amt Budget Budget E 405-48500-304 ENGINEERING $0.00 $0.00 $0.00 $0.00 E 405-48500-305 LEGAL FEES $0.00 $0.00 $0.00 $0.00 E 405-48500-325 LARPENTEUR AVE IMPROV $0.00 $0.00 $0.00 $0.00 E 405-48500-327 OTHER SERV- SEWER/NPD $665.86 $687.00 $700.00 $0.00 E 405-48500-408 LIFT STATION REPAIR/MAIN $0.00 $0.00 $0.00 $0.00 E 405-48500-442 MISC $0.00 $0.00 $0.00 $0.00 E 405-48500-444 CONTINGENCY FUNDS $0.00 $0.00 $0.00 $0.00 E 405-48500-530 FURNITURE & EQUIPMENT $0.00 $0.00 $0.00 $0.00 E 405-48500-540 MACHINERY & EQUIPMENT $0.00 $0.00 $0.00 $0.00 E 405-48500-710 OPERATING TRANSFERS $216,250.00 $0.00 $0.00 $0.00 DEPT 48500 TIF - PROJECTS $226,033.00 $7,042.00 $7,205.00 $0.00 FUND 405 TIF -PROJECTS FUND 406 FULHAM STREET IMPROVEMENT DEPT 48406 FULHAM STREET IMPROVEMENT E 406-48406-328 STREET REPAIR E 406-48406-710 OPERATING TRANSFERS DEPT 48406 FULHAM STREET IMPROVEMENT FUND 406 FULHAM STREET IMPROVEMENT FUND 407 SEWER IMPROVEMENT DEPT 48407 SEWER IMPROVEMENTS E 407-48407-304 ENGINEERING E 407-48407-328 STREET REPAIR E 407-48407-521 CITY GARAGE E 407-48407-544 LIFT STATIONS E 407-48407-562 TRUCK E 407-48407-710 OPERATING TRANSFERS DEPT 48407 SEWER IMPROVEMENTS FUND 407 SEWER IMPROVEMENT FUND 408 33RD AVE PROJECT DEPT 48408 CDBG NBRHD ULTIL IMPROVE E 408-48408-550 OTHER IMPROVEMENTS E 408-48408-710 OPERATING TRANSFERS DEPT 48408 CDBG NBRHD ULTIL IMPROVE FUND 408 33RD AVE PROJECT FUND 409 WATER UTILITY DEPT 48409 WATER IMPROVEMENTS E 409-48409-328 STREET REPAIR FUND 410'00 ST/UTIL CONSTRUCTION DEPT 48410 STREET & UTILITY CONSTRUCTION E 410-48410-303 FINANCIAL CONTRACT E 410-48410-304 ENGINEERING E 410-48410-305 LEGAL FEES $226,033.00 $7,042.00 $7,205.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $78.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $43,250.00 $0.00 $0.00 $0.00 $43,328.00 $0.00 $0.00 $0.00 $43,328.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $18,333.53 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CITY OF LAUDERDALE Expenditure Budget Worksheet 1 12/06/05 11:18 AM Page 11 Account Descr 2003 Amt 2004 Amt Budget 2006 Budget E 410-48410-328 STREET REPAIR $0.00 $0.00 $0.00 $0.00 E 410-48410-732 OPERATING TRANSFER TO $0.00 $0.00 $0.00 $0.00 DEPT 48410 STREET & UTILITY CONSTRUCTION $0.00 $0.00 $0.00 $0.00 FUND 410'00 ST/UTIL CONSTRUCTION $0.00 $0.00 $0.00 $0.00 FUND 411 '01 ST/UTIL CONSTRUCTION DEPT 48410 STREET & UTILITY CONSTRUCTION E 411-48410-304 ENGINEERING $0.00 $0.00 $0.00 $0.00 E 411-48410-305 LEGAL FEES $0.00 $0.00 $0.00 $0.00 E 411-48410-328 STREET REPAIR $0.00 $0.00 $0.00 $0.00 E 411-48410-355 MISC PRINTING/PROCESS $0.00 $0.00 $0.00 $0.00 E 411-48410-733 OPERATING TRANSFER TO $0.00 $0.00 $0.00 $0.00 DEPT 48410 STREET & UTILITY CONSTRUCTION $0.00 $0.00 $0.00 $0.00 DEPT 48411 LIV COM LTRI E 411-48411-304 ENGINEERING $0.00 $0.00 $0.00 $0.00 E 411-48411-305 LEGAL FEES $0.00 $0.00 $0.00 $0.00 E 411-48411-328 STREET REPAIR $0.00 $0.00 $0.00 $0.00 DEPT 48411 LIV COM LTRI $0.00 $0.00 $0.00 $0.00 FUND 411 '01 ST/UTIL CONSTRUCTION $0.00 $0.00 $0.00 $0.00 FUND 412'02 ST/UTIL CONSTRUCTION DEPT 48410 STREET & UTILITY CONSTRUCTION E 412-48410-303 FINANCIAL CONTRACT $0.00 $0.00 $0.00 $0.00 E 412-48410-304 ENGINEERING $18,464.08 $1,989.50 $0.00 $0.00 E 412-48410-305 LEGAL FEES $0.00 $0.00 $0.00 $0.00 E 412-48410-328 STREET REPAIR $139,807.38 $0.00 $0.00 $0.00 E 412-48410-710 OPERATING TRANSFERS $0.00 $0.00 $203,000.00 $0.00 DEPT 48410 STREET & UTILITY CONSTRUCTION $158,271.46 $1,989.50 $203,000.00 $0.00 FUND 412'02 ST/UTIL CONSTRUCTION $158,271.46 $1,989.50 $203,000.00 $0.00 FUND 413'03 ST/UTIL CONSTRUCTION DEPT 48410 STREET & UTILITY CONSTRUCTION E 413-48410-303 FINANCIAL CONTRACT $6,000.00 $0.00 $0.00 $0.00 E 413-48410-304 ENGINEERING $293,697.03 $13,470.63 $0.00 $0.00 E 413-48410-305 LEGAL FEES $735.00 $0.00 $0.00 $0.00 E 413-48410-328 STREET REPAIR $1,412,995.31 $207,662.96 $0.00 $0.00 E 413-48410-355 MISC PRINTING/PROCESS $395.50 $0.00 $0.00 $0.00 E 413-48410-710 OPERATING TRANSFERS $0.00 $0.00 $37,749.00 $0.00 DEPT 48410 STREET & UTILITY CONSTRUCTION $1,713,822.84 $221,133.59 $37,749.00 $0.00 FUND 413'03 ST/UTIL CONSTRUCTION FUND 601 SEWER UTILITIES DEPT 49000 SEWER E 601-49000-101 FULL TIME EMPLOYEES RE E 601-49000-102 EMPLOYEE OVERTIME E 601-49000-103 PART TIME EMPLOYEES E 601-49000-104 TEMP EMPLOYEES E 601-49000-121 PERA CONTRIBUTIONS E 601-49000-122 FICA CONTRIBUTIONS $1,713,822.84 $221,133.59 $37,749.00 $0.00 $42,436.51 $38,267.77 $37,475.00 $46,299.00 $8,667.43 $14,022.03 $12,614.00 $8,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,762.54 $2,963.92 $2,770.00 $2,766.00 $3,969.60 $4,280.12 $3,832.00 $3,527.00 CITY OF LAUDERDALE Expenditure Budget Worksheet 1 12/06/05 11:18 AM Page 12 DEPT 49000 SEWER $422,054.26 $177,513.26 $201,037.00 $206,774.00 FUND 601 SEWER UTILITIES $422,054.26 $177,513.26 $201,037.00 $206,774.00 FUND 999 GASB34 DEPT 41000 GENERAL GOVERNMENT E 999-41000-420 RENTALS $0.00 $11,193.00 $0.00 $0.00 2004 2006 Account Descr 2003 Amt Amt Budget Budget E 601-49000-126 ICMA RETIREMENT $0.00 $0.00 $142.00 $0.00 E 601-49000-131 HEALTH INSURANCE $3,017.66 $4,155.91 $4,532.00 $4,200.00 E 601-49000-133 LIFE INSURANCE $0.00 $0.00 $0.00 $0.00 E 601-49000-151 WORKERS' COMP PREMIU $1,653.30 $2,340.00 $2,043.00 $3,107.00 E 601-49000-201 GENERAL SUPPLIES $0.00 $0.00 $200.00 $100.00 E 601-49000-202 PERMENANT SUPPLIES $0.00 $0.00 $0.00 $0.00 E 601-49000-203 POSTAGE $0.00 $0.00 $0.00 $0.00 E 601-49000-212 MOTOR FUELS $909.77 $225.21 $300.00 $500.00 E 601-49000-224 STREET MAINTENANCE SU $0.00 $0.00 $0.00 $0.00 E 601-49000-225 LANDSCAPING MATERIALS $0.00 $0.00 $0.00 $0.00 E 601-49000-227 TOOLS & EQUIPMENT $0.00 $266.05 $100.00 $150.00 E 601-49000-228 MISC REPAIRS MAINT SUPP $0.00 $0.00 $1,000.00 $250.00 E 601-49000-301 AUDITING $1,890.78 $1,685.52 $2,800.00 $2,800.00 E 601-49000-304 ENGINEERING $190.00 $0.00 $0.00 $300.00 E 601-49000-307 COMPUTER SERVICES $0.00 $0.00 $0.00 $0.00 E 601-49000-308 TRAINING\CONFERENCES $1,066.00 $270.00 $500.00 $550.00 E 601-49000-315 SEWER JETTING FALCON H $0.00 $0.00 $1,000.00 $1,000.00 E 601-49000-316 SEWER TELEVISING $0.00 $0.00 $0.00 $250.00 E 601-49000-327 OTHER SERV- SEWER/NPD $5,286.37 $5,264.81 $7,888.00 $5,000.00 E 601-49000-331 TRAVEL EXPENSE $0.00 $0.00 $0.00 $0.00 E 601-49000-352 PUBLIC INFO NOTICES $0.00 $0.00 $0.00 $0.00 E 601-49000-355 MISC PRINTING/PROCESS $0.00 $0.00 $0.00 $0.00 E 601-49000-361 GENERAL LIABILITY $2,539.50 $2,067.75 $1,900.00 $2,000.00 E 601-49000-362 PROPERTY INSURANCE $726.00 $0.00 $526.00 $625.00 E 601-49000-363 AUTOMOTIVE INSURANCE $387.00 $0.00 $340.00 $400.00 E 601-49000-381 ELECTRIC $1,029.13 $0.26 $0.00 $0.00 E 601-49000-382 WATER $82.22 $100.65 $75.00 $75.00 E 601-49000-383 GAS UTILITIES $1,214.81 -$0.12 $0.00 $0.00 E 601-49000-387 WATER TREATMENT SERVI $85,123.68 $90,718.02 $105,000.00 $110,000.00 E 601-49000-388 SAC UNIT CHARGES PAID T $0.00 $0.00 $0.00 $0.00 E 601-49000-391 TELEPHONE/PAGERS $500.59 $246.90 $200.00 $275.00 E 601-49000-402 CITY TRUCK REPAIR/MAINT $430.95 $1,006.95 $1,000.00 $500.00 E 601-49000-408 LIFT STATION REPAIR/MAIN $0.00 $0.00 $0.00 $0.00 E 601-49000-409 OTHER EQUIPMENT REPAI $0.00 $0.00 $0.00 $0.00 E 601-49000-424 VEHICLE RENTAL $0.00 $0.00 $0.00 $0.00 E 601-49000-425 CLOTHING $1,861.42 $1,550.51 $1,800.00 $1,500.00 E 601-49000-437 SALES TAX $0.00 $0.00 $0.00 $0.00 E 601-49000-438 DUES & SUBSCRIPTIONS $0.00 $0.00 $0.00 $0.00 E 601-49000-442 MISC $0.00 $0.00 $0.00 $100.00 E 601-49000-444 CONTINGENCY FUNDS $0.00 $0.00 $2,500.00 $1,000.00 E 601-49000-501 DEPRECIATION EXPENSES $8,082.00 $8,081.00 $10,000.00 $10,000.00 E 601-49000-521 CITY GARAGE $0.00 $0.00 $0.00 $0.00 E 601-49000-530 FURNITURE & EQUIPMENT $0.00 $0.00 $0.00 $0.00 E 601-49000-538 COMPUTER SOFTWARE & $0.00 $0.00 $0.00 $0.00 E 601-49000-540 MACHINERY & EQUIPMENT $0.00 $0.00 $500.00 $1,000.00 E 601-49000-553 MANHOLE RECONSTRUCTI $0.00 $0.00 $0.00 $0.00 E 601-49000-560 VEHICLE $0.00 $0.00 $0.00 $0.00 E 601-49000-562 TRUCK $0.00 $0.00 $0.00 $0.00 E 601-49000-710 OPERATING TRANSFERS $248,227.00 $0.00 $0.00 $0.00 E 601-49000-745 OPERATING TRANSFER TO $0.00 $0.00 $0.00 $0.00 DEPT 49000 SEWER $422,054.26 $177,513.26 $201,037.00 $206,774.00 FUND 601 SEWER UTILITIES $422,054.26 $177,513.26 $201,037.00 $206,774.00 FUND 999 GASB34 DEPT 41000 GENERAL GOVERNMENT E 999-41000-420 RENTALS $0.00 $11,193.00 $0.00 $0.00 CITY OF LAUDERDALE Expenditure Budget Worksheet 1 2004 2006 Account Descr 2003 Amt Amt Budget Budget DEPT 43000 PUBLIC WORKS E 999-43000-420 RENTALS $0.00 $110,265.00 $0.00 $0.00 E 999-43000-500 CAPITAL OUTLAY $0.00 -$220,950.00 $0.00 $0.00 DEPT 43000 PUBLIC WORKS $0.00 -$110,685.00 $0.00 $0.00 DEPT 45000 PARK & RECREATION E 999-45000-420 RENTALS $0.00 $2,482.00 $0.00 $0.00 DEPT 47000 DEBT SERVICE E 999-47000-601 BOND PRINCIPAL $0.00 -$215,000.00 $0.00 $0.00 E 999-47000-611 BOND INTEREST $0.00 -$8,952.00 $0.00 $0.00 DEPT 47000 DEBT SERVICE $0.00 -$223,952.00 $0.00 $0.00 FUND 999 GAS834 $0.00 -$320,962.00 $0.00 $0.00 $4,471,425.46 $1,384,407.65 $1,833,041.00 $1,823,358.00 FILTER: None 12/06/05 11:18 AM Page 13 LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED Consent Public Hearing Discussion Action Resolution Work session Meeting Date: Tuesday, December 13, 2005 ITEM NUMBER I IBB iTIF Dishict 1 STAFF INITIAL APPROVED BY DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: TIF District 1 is set for decertification at the end of the year as the bonds the increment was used for are paid off. The city has the option to keep the district active until 2013 when it officially expires. Ehlers worked with the council on this issue and the council decided to keep the district active. OPTIONS: 1. Approve the attached resolution dedicating the captured increment for use in paying the street and utility improvement bonds. 2. Allow the district to expire STAFF RECOMMENDATION: Staff recommends the Council adopt the attached resolution dedicating the captured in- crement from TIF district 1 for use in paying off the street and utility improvement bonds. COUNCIL ACTION: RESOLUTION NO. 121305-B A RESOLUTION PLEDGING TAX INCREMENT TO THE PAYMENT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS CITY OF LAUDERDALE, MINNESOTA WHEREAS, the City of Lauderdale, Minnesota (the "City") has established Development District No. 1 (the "Project"), and approved a Development District Program (the "Program") for the Project; and WHEREAS, the City has established Tax Increment Financing District No. 1-1 ("TIF District 1-1") within the Project in accordance with Minnesota Statutes, Sections 469.174 to 469.1799, as amended; and WHEREAS, on November 12, 1996 the City approved by resolution Modification No. 1 to the Plan and TIF District; and, WHEREAS, Modification No. 1 authorized the City to expend $6,367,000 of tax increment for public infrastructure improvements, including street reconstruction, utility replacement, and alley improvements; and WHEREAS, Modification No. 1 authorized the City to issue $6,667,000 in bonds to finance public infrastructure improvements; and WHEREAS, the City has previously issued the following bonds (hereinafter referred to collectively as "the Bonds") to finance public infrastructure improvements within the Project: a) $990,000 General Obligation Improvement Bonds, Series 2003A, dated June 1, 2003 (the "Series 2003A Bonds"), b) $1,200,000 General Obligation Improvement Bonds, Series 2002A, dated June 1, 2002 (the "Series 2002A Bonds"); and c) $930,000 General Obligation Improvement Bonds, Series 2000A, dated July 1, 2000 (the "Series 2000A Bonds"); and WHEREAS, pursuant to Minnesota Statutes, Section 469.178, Subdivision 2, any covenant to pledge tax increment revenues must be filed with the Taxpayer Services Division Manager of Ramsey County; Prepared by Ehlers & Associates 12/6/2005 NOW, THEREFORE, the City agrees to the following: (1) The City pledges to the payment of the principal of and interest on the Bonds first, the special assessments derived from the public infrastructure improvements financed with the Bonds and, second, to the extent there is not sufficient special assessment revenues to pay 105% of the principal and interest when due on the Bonds from time to time, then tax increment derived from the TIF District 1-1. (2) Without regard to anything in this Resolution to the contrary, Pledged Tax Increment shall be available (at the City's option on a parity, superior or subordinate basis) to pay principal of and interest on the Bonds and any other obligations issued by the City to finance public infrastructure improvement costs paid or incurred by the City in the Project. The City reserves the right to release all or any portion of Pledged Tax Increment from the pledge under this Resolution (including without limitation the release of Pledged Tax Increment from any specific parcel within TIF District No. 1-1) to the extent permitted by law. (3) An executed copy of this Resolution shall be filed with the Taxpayer Services Division Manager of Ramsey County pursuant to the requirement contained in Minnesota Statutes, Section 469.178, Subdivision 2. CITY OF LAUDERDALE ) COUNTY OF RAMSEY ) ss STATE OF MINNESOTA I, Brian Bakken Heck, 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 13, 2005 as the same appears in the minutes of said meeting on file and of record in City Offices. Dated this 13th day of December, 2005. (ATTEST) Jeff Dains, Mayor (SEAL) Brian Bakken Heck, City Administrator Prepared by Ehlers & Associates 2/6/2005 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action X Resolution Work Session Meeting Date December 13, 2005 ITEM NUMBER Resolution 121305-C STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Annually, the city council certifies a list of delinquent accounts to Ramsey County. They are certi- fied to the 2005 property taxes payable in 2006. Minnesota State Statutes 429.101 & 444.075, along with the Lauderdale City Code, allow certification of delinquent accounts for assessment. On De- cember 6, two notices were sent regarding pending certifications. Holders of delinquent accounts had until December 13, 2005 at 4:30 pm to pay outstanding invoices (see attached letters). During the last week in December, the unpaid balances plus 8% interest and a $25.00 administrative fee per invoice may be certified to Ramsey County. OPTIONS: STAFF RECOMMENDATION: Staff recommends certifying unpaid invoice balances to Ramsey County. COUNCIL ACTION: Motion to adopt Resolution 121305C, authorizing staff to certify the delinquent account for collection with the 2005 property taxes payable in 2006. City of Lauderdale County of Ramsey State of Minnesota Resolution No. 121305C Resolution Relating to Levying a Special Assessment for Unpaid Invoices. BE IT HEREBY RESOLVED that the Lauderdale City Council does hereby. authorize staff to certify delinquent accounts to Ramsey County, As follows: It is hereby determined that there are delinquent false fire alarm fees against the property herein after set forth, in the amount set forth opposite the description of such property: It is hereby determined that there is a delinquent nuisance abatement fee against the property herein after set forth, in the amount set forth opposite the description of such property: Special assessments in the amount hereinafter set forth is levied against such tracts, with an interest rate of eight percent (8%) annually and a $25.00 administrative fee, respectively; A total amount of such special assessments shall be payable with the 2005 real estate taxes due and payable in 2006; The clerk shall forthwith transmit a certified copy of the assessment for the County Auditor to be extended onto the proper tax list of the county and such assessment shall be collected and paid over the same manner as other municipal taxes; Tracts of land and the amount of such special assessments are as follows: (see attached) The total assessment roll is $1,098.33. Dated this 13th day of December 2005, by the Lauderdale City Council. Mayor Jeffrey Dains Brian Bakken -Heck, City Administrator Attachment for Resolution No. 121305C Property Owner City Gables AM LLC C/O Ambrose Zeller Service Address 1611 Pleasant Street Type of Bill False Fire Alarms Pin Number 20.29.23.21.0030 Amount of Bill $748.00 Add 8% Interest $59.84 Administrative Fees $25.00 Total Fees Assessed $832.84 Property Owner Jennifer C Drobac Service Address 2401 Larpenteur. Avenue Type of Bill Nuisance Abatement Pin Number 17.29.23.34.0097 Amount of Bill $222.68 Add 8% Interest $17.81 Administrative Fees $25.00 Total Fees Assessed $265.49 City of Lauderdale 1891 Walnut Street • Lauderdale e Minnesota 55113 Phone: 651.631.0300 Fax: 651.631.2066 December 6, 2005 City Gables Apartments Attn: Jodi - Accounts Payable 1611 Pleasant Street Lauderdale, MN 55113 Dear Manager of City Gables Apartments, This letter is to inform you that the bills for the false fire alarms dated July 27, 2005 for City Gable Apartments are delinquent in the amount of $748.00. I have attached copies of the original invoices sent to you. This balance must be paid by 4:30 p.m. Tuesday, December 13, 2005. Please make checks payable to the City of Lauderdale and mail or deliver to City Hall at the above address. There will be a public hearing for all delinquent accounts at the December 13, 2005 Lauderdale City Council meeting. Following this public hearing, the City will certify the outstanding balances to Ramsey County along with an additional administrative fee ($25.00) and interest (8%), which will be assessed against your 2005 property taxes payable in 2006. If you have questions regarding your bill or this process, please call us at the above address. Sincerely, Heather Butkowski Lauderdale Deputy City Clerk Enclosure City of Lauderdale 1891 Walnut Street • Lauderdale • Minnesota 55113 Phone: 651.631.0300 Fax: 651.631.2066 December 6, 2005 J.C. Drobac 2401 Larpenteur Avenue Lauderdale, MN 55113 Dear Ms. Drobac, This letter is to inform you that the bill for the nuisance abatement dated October 17, 2005 for the property at 2401 Larpenteur Avenue is delinquent in the amount of $222.68. I have attached a copy of the original invoice that was sent to you. This balance must be paid by 4:30 p.m. Tuesday, December 13, 2005. Please make checks payable to the City of Lauderdale and mail or deliver to City Hall at the above address. There will be a public hearing for all delinquent accounts at the December 13, 2005 Lauderdale City Council meeting. Following this public hearing, the City will certify the outstanding balances to Ramsey County along with an additional administrative fee ($25.00) and interest (8%), which will be assessed against your 2005 property taxes payable in 2006. If you have questions regarding your bill or this process, please call us at the above address. Sincerely, Heather Butkowski Lauderdale Deputy City Clerk Enclosure LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED Consent Public Hearing Discussion Action Resolution Work session Meeting Date: Tuesday, December 13, 2005 ITEM NUMBER 11 D Appointment to SRWA 7 STAFF INITIAL � Y ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTIONrat the last meeting, Mayor John Zanmiller from West St. Paul spoke to the council and expressed his desire to remain as the suburban representative to the St. Paul Regional Water Service. It is Lauderdale's turn to make this appointment. OPTIONS: 1. Appoint Mayor Zanmiller 2. Appoint a new member to the Board. STAFF RECOMMENDATION: Staff recommends the Council adopt the attached resolution appointing mayor Zanmil- ler to the board. COUNCIL ACTION: RESOLUTION NO. 121305-D A RESOLUTION APPOINTING MAYOR JOHN ZANMILLER TO THE ST. PAUL REGIONAL WATER SERVICE BOARD CITY OF LAUDERDALE, MINNESOTA WHEREAS, the City of Lauderdale belongs to the St. Paul Regional Water Service area; and WHEREAS, the City of Lauderdale rotates appointment to the Board with other suburban members; and WHEREAS, it is the City of Lauderdale's turn in the rotation to appoint a member to the Board; and WHEREAS, John Zanmiller, Mayor for the City of West St. Paul is the current representative on the Board and presented his desire and qualifications for remaining on the Board to the City of Lauderdale City Council. NOW, THEREFORE, Be It Resolved by the City Council of the City of Lauderdale that it hereby appoints to be the suburban representative to the St. Paul Regional Water Service Board, John Zanmiller, Mayor for the City of West St. Paul for the term beginning January 1, 2006. CITY OF LAUDERDALE ) COUNTY OF RAMSEY ) ss STATE OF MINNESOTA ) I, Brian Bakken Heck, 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 13, 2005 as the same appears in the minutes of said meeting on file and of record in City Offices. Dated this 13`h day of December, 2005. (ATTEST) Jeff Dains, Mayor (SEAL) Brian Bakken Heck, City Administrator LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date December 13, 2005 ITEM NUMBER 15A STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Attached is the most recent version of the proposed rental housing ordinance. New lan- guage includes creating a June 1 to May 31 licensure year, restrictions on ownership transfer of rental property with known violations, and the opportunity for a third party building offi- cial inspection during the appeals process. OPTIONS: STAFF RECOMMENDATION: 1. Discuss revisions. 2. Determine when and by what means this proposed ordinance is brought to the attention of the community. The council may want to consider introducing it at a January meeting with staff sending notices to rental property owners beforehand. COUNCIL ACTION: LA605 CHAPTER 3 RENTAL HOUSING LICENSING AND MAINTENANCE CODE SECTION: 9-3 (1) 9-3--1: Title 9-3--2: Purpose 9-3--3: Applicability; Scope 9-3--4: Definitions 9-3--5: Interpretation; Enforcement 9-3--6: Enforcement Officer 9-3--7: Responsibility Of Owner 9-3-=8: Responsibility Of Occupant 9-3--9: Substandard Building Declared Nuisance 9-3-10: Exterior Property Areas 9-3-10-1: Sanitation 9-3-10-2: Grading And Drainage 9-3-10-3: Noxious Weeds; Cutting Grass 9-3-10-4: Insect And Rodent Harborage 9-3-10-5: Accessory Structures 9-3-10-6: Snow And Ice Removal 9-3-11: Exterior Of Structures 9-3-11-1: Foundations, Walls And Roofs 9-3-11-2: Stairs, Porches And Railings 9-3-11-3: Windows, Doors And Hatchways 9-3-11-4: Chimneys 9-3-12: Interior Of Structures 9-3-12-1: Moisture 9-3-12-2: Structural Members 9-3-12-3: Interior Stairs And Railings 9-3-12-4: Bathroom Floors 9-3-12-5: Sanitation 9-3-12-6: Insect And Rodent Harborage 9-3-12-7: Interior Walls, Floors, Ceilings And Woodwork 9-3-13: Basic Facilities 9-3-13-1: Water And Sewer System 9-3-13-2: Water Heating Facilities 9-3-13-3: Heating Facilities 9-3-13-4: Minimum Heating Requirement 9-3-14: Installation; Maintenance 9-3-14-1: Plumbing Fixtures 9-3-14-2: Plumbing Systems 9-3-14-3: Heating Equipment 9-3-14-4: Electrical Service, Outlets And Fixtures 9-3-14-5: All Facilities And Equipment 9-3-15: Lighting 9-3-16: Security 9-3-17: Appeal 9-3-18: Violation; Penalty !2R! 1. M.S.A. § 471.62. LA605 9-3 (2) 9-3-1: TITLE: This Chapter shall be known as the LAUDERDALE RENTAL HOUSING LICENSING AND MAINTENANCE CODE and may be cited as such. (Ord. 85, 9-29-1986) 9-3-2: PURPOSE: The purpose of this Chapter is to provide minimum standards to safeguard life and limb, health, property and the public welfare by regulating and controlling the use, occupancy and maintenance of all ffiustiple-f-amilY residential rental structures within the City. (Ord. 85, 9-29-1986) 9-3-3: APPLICABILITY; SCOPE: Every portion of a building or premises used or intended to be used for ffiultj-p1e Tui„ilY' residential rental purposes (except on - campus college housing, rest homes, convalescent homes, licensed group homes, -nursing homes, hotels and motels) shall comply with the provisions of this Chapter, regardless of when such building was constructed, altered or repaired. (Ord. 85, 9-29-1986) 9-3-4: DEFINITIONS: As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: !-BBF! BUILDING OFFICIAL: The Building �����eofficer or other designated authority charged with the administration and enforcement of this Chapter. COMMON AREAS: Those portions of a multiple family residential rental building or premises which are not rented or leased to individual tenants on a regular basis. DWELLING a building or portion thereof designed predominantly for residential occupation of a continued nature and includes 1 - family (single family) dwellings 2 -family dwelling (duplex), apartment buildings and rooming units (amend 10/05,h DWELLING UNIT: A single residential accommodation which is arranged, designed, used or intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. LA605 9-3 (3) FAMILY: Any of the following definitions shall apply: A. An individual or any number of persons related by blood, marriage, or adoption, together with domestic servants or temporary gratuitous guests, maintaining a common household in a single dwelling unit; B. Persons living in a State -licensed residential facility serving six (6) or fewer persons and the authorized person or persons in charge thereof, together with domestic servants or temporary gratuitous guests, all maintaining a common household in a single dwelling unit; or C. A group of not more than three (3) persons not related by blood, marriage or adoption maintaining a common household in a single dwelling unit. HABITABLE ROOM: A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. HOUSEHOLD: All persons residing within a single dwelling unit whose relationship includes a substantial amount of social interaction, including the sharing of housekeeping responsibilities or expenses or the taking of meals together. MULTIPLE FAMILY DWELLING OR STRUCTURE: A dwelling or portion thereof containing three (3) or more dwelling units excluding exempt_ properties identified in Section 9-3-31 - ^^' a e i 1 i i �- NOXIOUS WEEDS: Those plants which are defined as noxious by the Minnesota Department of Agriculture. OCCUPANT any person including the owner or operator, living, sleeping, cooking or eating within a dwelling unit (amend 10/05) OWNER any person firm or corporation who alone -jointly or severally with others shall be in actual possession or, have charge care of control of any— dwelling dwelling unit or rooming unit within the city as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the LA605 9-3 (4) title holder. Also any person firm or corporation who has the right to determine who occupies a rental structure or a person, firm or corporation who shall have the power to rent or let premises to another for purposes of this code. (amend 10/05) RENTAL DWELLING• any dwelling dwelling unit or rooming unit let for rent or lease including an apartment building (amend 10/05) ROOMING UNIT: Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. (Ord. 85, 9-29-1986) :E) EN D! 9-3-5: INTERPRETATION; ENFORCEMENT: The City Council shall interpret and enforce the provisions of this Chapter in accord with the procedures outlined in Section 9-3-17. Appeal of any decision or interpretation of this Chapter made by the Building Official shall be to the City Council in accordance with the provisions of Section 9-3-17 of this Chapter. Copies of all rules and regulations adopted by the City Council regarding housing maintenance shall be delivered to the Building Official and shall be made available for public inspection by the City Administrator. (Ord. 85, 9-29-1986) 9-3-6: ENFORCEMENT OFFICER: A. Building Official: The Building--7-Official or other designated agent authorized by the City Council is hereby authorized and directed to enforce all provisions of this Chapter, subject to review by the City Council. For such purposes, he or she shall have the powers of a law enforcement officer. B. Compliance Tags: The Building Official is hereby empowered to issue compliance tags for the repair or razing of buildings which do not comply with the provisions of this Chapter. C. Right Of Entry: 1. Inspections: Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official may enter such building or premises at any reasonable time to inspect the same or to perform any duty imposed upon him or her by this Chapter. LA605 9-3 (5) 2. Occupied Building Or Premises: If such building or premises is occupied, the Building Official shall first present proper credentials and request entry. 3. Unoccupied Building Or Premises: If such building or premises is unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. 4. Refusal To Allow Entry: If such entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry. 5. Inspection Warrant: When the Building Official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail, after proper request is made as herein provided, to promptly permit entry by the Building Official for the purpose of inspection and examination pursuant to this Chapter. (Ord. 85, 9-29-1986) D Complaint of Suspected Vviolations by Occupant: an occupant who feels the rental unit is not in compliance with the provisions of this Chapter shall provide written notice to the owner or agent specifying the alleged deficiency. If the owner or agent does not take action to correct the alleged problem, the occupant may contact the City and request an inspection of the dwelling upon proof the owner or agent had been properly notified and given a reasonable time in which to correct deficiencies. E. Cost of Inspection: if the inspection reveals actual deficiencies as described by the occupant the owner or agent shall be responsible t -g: -p for the cost of the inspection. If the inspection reveals no deficiencies and that the complaint was made in bad faith the city maw assess the cost of the inspection to the occupant. F Frequency of Inspection• inspection of rental units shall be conducted every other year with units consisting of 1 to three units on the odd numbered year and buildings with 4 or more units inspected on the even numbered year. 9-3-7: RESPONSIBILITY OF OWNER: A. Every owner of a dwelling dwelling unit or rooming unit, shall remain liable for violations of duties imposed upon him or her by this Chapter even though an obligation is also imposed on the occupants of the building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Chapter. LA605 9-3 (6) B. Every owner, or agent, in addition to being responsible for maintaining the building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he or she occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a multiple family dwelling. C. Access By Owner: Every occupant of a dwelling unit or rooming unit shall give the owner or managing agent access to any part of such dwelling unit, rooming unit, or premises, at reasonable times for the purpose of effecting such inspection and maintenance, making such repairs, or making such alterations as are necessary to comply with the provisions of this Chapter. (Ord. 85, 9-29-1986) D The owner or authorized agent shall ensure the dwelling dwelling unit or rooming unit possesses the appropriate license and all fees are paid before the dwelling dwelling unit or rooming unit is rented or leased. (amend 10/05) 9-3-8: RESPONSIBILITY OF OCCUPANT: A. Cleanliness: Every occupant of a multiple rental dwelling shall keep in a clean and sanitary condition that part of the building which he or she occupies, controls or uses. B. Disposal Of Rubbish: Every occupant of a __lt_p'e fafRi_lrental —dwelling unit shall dispose of all his or her rubbish in a clean and sanitary manner. C. Plumbing Fixtures: 1. Furnished Fixtures: Every occupant of a multiple fafflil rental dwelling shall keep the supplied plumbing fixtures therein clean and sanitary and shall be responsible for the exercise of reasonable care in their proper use and operation. 2. Fixtures Furnished By Occupant: Every plumbing fixture furnished by the occupant shall be properly installed and shall be maintained in good working condition, shall be clean and sanitary, and free from defects, leaks or obstructions. D. Noise: Every occupant of a multi -pie f midrental dwelling shall refrain from, and shall prevent his or her guests from making excessive noise which disturbs the peace and quiet of other occupants in the building and other persons residing in the neighborhood. (Ord. 85, 9-29-1986) 9-3-9: SUBSTANDARD BUILDING DECLARED NUISANCE: LA605 All buildings or with the minimum through 9-3-16) nuisances, and s demolition or re in Section 9-3-1 9-3 (7) portions thereof which are not in compliance standards of this Chapter (Sections 9-3-10 re hereby declared to be substandard and public all be abated by repair, rehabilitation, .oval in accordance with the procedure specified of this Chapter. (Ord. 85, 9-29-1986) 9-3-10-1• GENERAL LICENSING PROVISIONS: A License Required: no person shall rent a dwelling unit to another for occupancy unless the owner obtains a license issued by the City for the dwelling unit. B. License Application: the owner of a dwelling unit shall submit an application for a rental license on forms and in the format provided by the City of Lauderdale. A person who received a rental license shall give notice, in writing, to the City within five (5) business days of any changes to the information contained in the license application. C. License fees: the fee for a rental license shall be determined from time to time by the City Council by resolution and be maintained at the City of Lauderdale City Hall. The required fees shall be submitted along with the application for a new or renewal license. Applications for renewal license submitted after the license term expiration are subject to a penalty fee. D. License Term. The license period shall run from June 1 to May 31 of the following year All rental lieenses shall e��ire—ear , e -n year m— date —the lzens by the—eit--�—except as otherwise provided herein or in cases of suspension or revocation. E. License Issuance. The City shall issue a rental license for a rental dwelling if the licensed location is in compliance with the provisions of this Chapter, the real estate taxes are paid and current and the municipal utilities are paid and current. F. Posting of License. Rental dwellings shall post a copy of the license in a conspicuous place such as a public corridor, hallway or lobby of the building in which the dwelling unit is located. The license shall be framed with a glass covering. G. Renewal of License. A licensee may continue to rent a dwelling unit after the expiration date of the rental license provided the Owner or the Agent has filed with the City on or before the expiration date, the appropriate renewal license application and license fee. Allowing the licensee to continue to rent does not obligate the City to renew the license if the licensee application is not complete or there are compliance issues. H. Transfer of License. The license of a single-familys�ngg e --ami rental dwelling or rooming unit is not LA605 9-3 (8) transferable. All other licensed rental dwellings may transfer license upon sale and closure of sale of the rental dwelling. The new owner shall provide to the City a transfer of ownership application and related fee. Failure to submit the transfer application and fee shall result in proceedings to terminate the license. I. Restrictions on Ownership Transfer. It is unlawful for the owner of a rental premises with known violations to sell, transfer or lease or otherwise dispose of the rental dwelling unit until the violation has been brought into compliance, unless the owner furnishes to the grantee a true copy of any violation notice and obtains and possesses a receipt of acknowledgment. J. Resident Agent Required. Owners of rental dwellings with more than five (5) individual rental units shall appoint an agent who resides within the rental dwelling to be responsible for the maintenance and up keep of the dwelling and units within and to handle licensing issues with the City. Owners of rental dwelling units of less than five (5) units who do not reside in the seven county metropolitan area shall appoint an agent responsible for the maintenance and up keep of the building and respond to licensing issues. (amend 10/05) 9-3-10-2: CONDITIONS OF LICENSE: dwelling unit rental licenses shall be issued subject to the following conditions: (A)The rental dwelling unit and grounds meet the minimum requirements contained in this Chapter. (B)The rental dwelling and the premises conform to all applicable ordinances of the city, including Chapter 5 and any applicable state and federal laws. (C)The owner or its agent shall keep or cause to be kept, a current register of occupancy for each dwelling unit ==onunit, which shall be available for viewing or copying by officials of the City as requested. Said register shall provide, at a minimum, the following information: 1. Address of the rental dwelling; and 2. Number of bedrooms or rental units in the dwelling; and 3. Number of adults and children (under 18) currently occupying the dwelling unit. 9-3-10-3: CONDUCT ON LICENSED PREMISES 1. It shall be the responsibility of the licensee or its authorized agent to take appropriate action following conduct by occupant(s) or guests of the occupant(s), which is in violation of any of the LA605 9-3 (9) following statutes or ordinances. Violation of the below may result in the City of Lauderdale initiatinq licensing action. A. MN Stat. §609.75 through §609.76 as may be amended from time to time, relating to gambling; B. MN Stat. §609.321 through §609.324 as may be amended from time to time, which prohibit prostitution and acts related thereto; C. MN Stat. §152.01 through §152.027 and §152.027, subdivisions 1 and 2 as may be amended from time to time, which prohibit unlawful sale or possession of controlled substances; D. MN Stat. §340A.401 as may be amended from time to time, which regulates the unlawful sale of alcoholic beverages; E. MN Stat. §609.33 as may be amended from time to time, which prohibits owning, leasing, operating, managing, maintaining or conducting a disorderly house, or inviting or attempting to invite others to visit or remain in a disorderly house; F. MN Stat. §97B.021, §97B.045, §609.66 through §609.67 and §624.712 through §624.716 as may be amended from time to time, which prohibit the unlawful possession, transportation, sale or use of a weapon; G. MN Stat. §609.72 as may be amended from time to time, which prohibits disorderly conduct; H. City of Lauderdale City Code, Chapter 5-7 relating to recreational fires; I. City of Lauderdale City Code Chapter 5-8 relating to clandestine drug labs; and J. City of Lauderdale City Code Chapter 4-1. K. The licensed rental dwelling receives 3 or more police calls for service which results in a citation or arrest in a twelves -i -x- month period. 2. The City of Lauderdale's contracted law enforcement agency is charged with authority and responsibility for the enforcement of this section. 3. Upon determination by law enforcement officials that a licensed premises or dwelling is in violation of section 1 above, the law enforcement department shall notify the City of Lauderdale and the City shall cause to be sent to the licensee or authorized agent notification of the violation and direct the licensee or authorized agent to take steps to LA605 9-3 (10) prevent further violations. shall -'--e sent The City shall send a copy of said notice to the occupant in violation of Section 1. 4. Upon a second violation within twelve (12) months of section 1 involving an occupant(s) or quest(s) of the occupant(s) of a dwelling unit, the notice provided under Section 3 of this Chapter shall require the licensee or authorized agent to submit to the Ceity a written report of the action taken to prevent further violations on the premises. The written report shall be submitted to the Ceity within five (5) business days of the request and shall detail all actions taken by the licensee in response to all notices regarding violations to section 1 within the preceding twelve (12) months. If the licensee fails to comply with the requirements of this section, the rental dwelling license for the dwelling may be denied, suspended, revoked or not renewed. An action to deny, revoke, suspend or not renew a license under this section shall be initiated by the City Council at the request of the City Administrator in the manner described in Section 9-3-18. 5. If a third or subsequent violation of section 1 involving a guest or an occupant of a dwelling unit occurs within twelve (12) months after any two (2) previous instances for which notices pursuant to this section were sent to the licensee regarding the same dwelling unit, the rental dwelling license may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend or not renew a license under this section shall be initiated by the City Council at the request of the City Administrator in the manner described in Section 9- 11-8. 6. No adverse license action shall be imposed if the violations to section 1 occurred during the pe -n ne ef—eviction proceedings or within thirty (30) days of notice given by the licensee to an occupant to vacate the premises, where the violation was related to conduct by that occupant, other occupants, or the occupant's guests. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken LA605 9-3 (11) appropriate ,ea-s-��measures that will prevent further violations to section 1. 9-3-10-4: MINIMUM RENTAL DWELLING STANDARDS: every dwelling to be used or considered for rental in the City of Lauderdale must, prior to issuance of any license, comply with the requirements outlined in 9-3-11 through 9-3-17. 9-3-4-x-11: EXTERIOR PROPERTY AREAS: 9-3-1411-1: SANITATION: All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. (Ord. 85, 9-29-1986) 9-3-3-811-2: GRADING AND DRAINAGE: All premises shall be graded and maintained to prevent the accumulation of stagnant water on the premises or within any building or structure located thereon. (Ord. 85, 9-29-1986) 9-3-39-11-3: NOXIOUS WEEDS; CUTTING GRASS: All exterior property areas shall be kept free from weeds or plants which are noxious or detrimental to the public health. All exterior property areas which are planted with grass shall be mowed regularly to prevent excessive growth. Grass which is allowed to grow above the height of eight inches (811) may be cut by the City and the cost thereof assessed against the owner of the property. (Ord. 85, 9-29-1986) 9-3-37411-4: INSECT AND RODENT HARBORAGE: Every owner of a multiple family structure shall be responsible for the extermination of insects, rodents, vermin, or other pests in all exterior and common areas of the premises. (Ord. 85, 9-29-1986) 9-3-39-11-5: ACCESSORY STRUCTURES: All accessory structures including detached garages shall be structurally sound and maintained in good repair and appearance. The exterior of such structures shall be made weather resistant by the use of decay -resistant materials or by the application of paint or other preservatives. (Ord. 85, 9-29-1986) LA605 9-3 (12) 9-3-X9-11-6: SNOW AND ICE REMOVAL: The owner of a multiple family dwelling shall be responsible for the removal of snow and ice from parking lots, driveways, steps and walkways on the premises. A. Two Inch Snowfalls: Individual snowfalls of two inches (211) or more, or successive snowfalls accumulating to a depth of two inches (211), shall be removed from parking lots and driveways within tv-& f rtwenty-four (24) hours after cessation of the snowfall. B. One Inch Snowfalls: Individual snowfalls of one inch (111) or more, or successive snowfalls accumulating to a depth of one inch (111), shall be removed from steps and walkways within sixteen (16) hours after cessation of the snowfall. (Ord. 85, 9-29-1986) 9-3-3-1-12: EXTERIOR OF STRUCTURES: 9-3--l-112-1: FOUNDATIONS, WALLS AND ROOFS: Every foundation, exterior wall, roof, and all other exterior surfaces shall be maintained in good repair and appearance, including the following: A. Foundation Elements: The foundation elements shall adequately support the building at all points; B. Exterior Wall: Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, falling or loose stucco or brick, and any other condition which might admit rodents, rain or dampness to the interior portions of the walls; C. Roof: The roof shall be tight and have no defects which admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls; D. Wood Surfaces: All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. If twenty five percent (25%) or more of the exterior surface is unpainted or determined by the Building Official to be paint blistered, the surface shall be painted; and E. Brick, Block Or Stone: If twenty five percent (25%) or more of the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired. (Ord. 85, 9-29-1986) LA605 9-3 (13) 9-3-3-1-12-2: STAIRS, PORCHES AND RAILINGS: Every outside stair, porch and appurtenance attached thereto shall be constructed to be safe to use and capable of supporting the load determined in the Building Code, and shall be kept in sound condition and good repair, including the following: A. Stairs: Every flight of stairs which is more than four (4) risers high shall have handrails which are to be so located as determined by the Building Code; B. Porch: Every porch which is more than eighteen inches (18") above grade shall have rails capable of restraining the horizontal pressure determined by the provisions of the Building Code; and C. Rails And Balustrades: Every rail and balustrade shall be firmly fastened and shall be maintained in good condition. (Ord. 85, 9-29-1986) 9-3-312-3: WINDOWS, DOORS AND HATCHWAYS: Every window, exterior door, and basement hatchway shall fit tightly and shall be kept in sound condition and repair, including the following: A. Windows: 1. Panes; Screens: Every window shall be fully supplied with window panes which are without open cracks or holes and windows which can be opened shall be supplied with tight fitting screens; 2. Sash: Every window sash shall be in good condition and fit tightly within its frame; 3. Easily Opened: Every window, other than a fixed window, shall be capable of being easily opened and held in an open or closed position by window hardware; B. Exterior Doors: 1. Condition: Every exterior door, door hinge, and door latch shall be in good condition; 2. Fit: Every exterior door, when closed, shall fit tightly within its frame; C. Rodents, Rain And Wind: Every window, door, and frame shall be constructed and maintained to exclude rodents, rain, and substantially to exclude wind from entering the dwelling; LA605 9-3 (14) D. Basement Hatchway: Every basement hatchway shall be constructed and maintained to prevent the entrance of rodents, rain, and surface drainage water into the dwelling or structure; and E. Exit Doors: Every door available as an exit shall be capable of being opened easily and without the use of a key from the inside. (Ord. 85, 9-29-1986) 9-3-1412-4: CHIMNEYS: Every chimney and flue shall be maintained to function in a safe and efficient manner. (Ord. 85, 9-29-1986) 9-3-12-13: INTERIOR OF STRUCTURES: 9-3-12-13-1: MOISTURE: All cellars, basements and crawl spaces shall be maintained reasonably free from dampness. (Ord. 85, 9-29-1986) 9-3-12-13-2: STRUCTURAL MEMBERS: The supporting members of every building shall be structurally sound and shall be capable of bearing imposed loads in accordance with the provisions of the Building Code. (Ord. 85, 9-29-1986) 9-3-113-3: INTERIOR STAIRS AND RAILINGS: All interior stairs shall be maintained in sound condition and good repair, including the following: A. Treads And Risers: All treads and risers that evidence excessive wear or which are broken, warped or loose shall be replaced promptly. Every inside stair shall be constructed and maintained to be safe to use and capable of supporting the load determined by the provisions of the Building Code; B. Stairwells: Every stairwell and every flight of stairs, which is more than four (4) risers high, shall have handrails or railings located in accordance with the provisions of the Building Code; and C. Handrails: Every handrail or railing shall be firmly fastened and maintained in good condition. Properly balustraded railings capable of bearing normally imposed loads as determined by the LA605 9-3 (15) Building Code shall be placed in the open portions of the stairs, balconies, landings, and stairwells. (Ord. 85, 9-29-1986) 9-3-313-4: BATHROOM FLOORS: Every toilet room floor surface and bathroom floor surface shall be constructed and maintained to be substantially impervious to water and to permit such floor to be easily kept in a clean and sanitary condition. (Ord. 85, 9-29-1986) 9-3-313-5: SANITATION: The interior of each dwelling unit and the common areas within each multiple family dwelling shall be maintained in a clean and sanitary condition, free from accumulation of rubbish or garbage. (Ord. 85, 9-29-1986) 9-3-4721-13-6: INSECT AND RODENT HARBORAGE: A. Responsibility Of Owner: Every owner of a multiple family structure shall be responsible for the extermination of insects, rodents, vermin, or other pests wherever infestation exists in more than one dwelling unit, or in the shared or public parts of the structure; B. Responsibility Of Occupant: The occupant of each unit within a multiple family dwelling shall be responsible for extermination within the unit whenever his or her dwelling unit is the only one infested; and C. Failure To Maintain; Owner Responsibility: Notwithstanding the foregoing provisions of this Section, whenever infestation of pests is caused or permitted by failure of the owner to maintain any multiple family structure in a pestproof condition, extermination of such pests shall be the responsibility of the owner. (Ord. 85, 9-29-1986) 9-3-313-7: INTERIOR WALLS, FLOORS, CEILINGS AND WOODWORK: All interior walls, floors, ceilings and associated woodwork or trim must be maintained in sound condition and good repair. (Ord. 85, 9-29-1986) 9-3-3414: BASIC FACILITIES: 9-3-3-314-1: WATER AND SEWER SYSTEM: LA605 9-3 (16) Every kitchen sink, lavatory basin, bathtub, or shower and water closet required under the provisions of this Chapter or any other code shall be properly connected to either a public water and sewer system or to an approved private water and public sewer system and shall be supplied with hot and cold running water, except that water closets need have only cold running water. (Ord. 85, 9-29-1986; 1996 Code) 9-3-4-3-14-2: WATER HEATING FACILITIES: Every dwelling unit shall have supplied water heating facilities which are installed in an approved manner, properly maintained, and properly connected with hot water lines and which are capable of heating and delivering water to such a temperature to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facilities or other similar units at a temperature of not less than one hundred fifteen degrees Fahrenheit (115°F) at any time needed. (Ord. 85, 9-29-1986; 1996 Code) 9-3-47314-3: HEATING FACILITIES: Every multiple family dwelling shall have heating facilities which are properly installed, safely maintained in good working condition, and which are capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein to a temperature of at least seventy degrees Fahrenheit (70°F) at three feet (31) above the floor with an outside temperature of minus twenty degrees Fahrenheit (-20°F). (Ord. 85, 9-29-1986) 9-3--l3-14-4: MINIMUM HEATING REQUIREMENT: In every dwelling unit where the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least sixty eight degrees Fahrenheit (68°F) shall be maintained at a distance of three feet (31) above the floor and three feet (31) from exterior walls in all habitable rooms from September 1 through June 15. (Ord. 85, 9-29-1986) 9-3--1415: INSTALLATION; MAINTENANCE: 9-3-1415-1: PLUMBING FIXTURES: Every water line, plumbing fixture and drain shall be properly installed, connected and maintained in working order, be capable LA605 9-3 (17) of performing the function for which it was designed and be kept free from obstructions, leaks and defects. (Ord. 85, 9-29-1986) 9-3-1415-2: PLUMBING SYSTEMS: Every stack, waste and sewer line shall be installed and maintained to function properly and kept free from obstructions, leaks and defects to prevent structural deterioration or a health hazard. (Ord. 85, 9-29-1986) 9-3-1415-3: HEATING EQUIPMENT: Every space heating, cooking and water heating device located in a dwelling or multiple family dwelling shall be properly installed, connected, maintained and capable of performing the function for which it was designed. (Ord. 85, 9-29-1986) 9-3-X415-4: ELECTRICAL SERVICE, OUTLETS AND FIXTURES: A. Electrical Service: All multiple family structures and dwelling units shall be supplied with electrical service that is adequate to safely meet the electrical needs of the structure and dwelling units in accordance with the provisions of the National Electric Code as revised by ordinance. B. Electrical Outlets And Fixtures: Every electrical outlet and fixture shall be installed, maintained and connected to the source of electrical power in accordance with the provisions of the National Electric Code as revised by ordinance. (Ord. 85, 9-29-1986) 9-3-1415-5: ALL FACILITIES AND EQUIPMENT: All required equipment and all building space and parts in every multiple family structure shall be constructed and maintained to properly and safely perform their intended function. All housing facilities shall be maintained in a clean and sanitary condition so as not to breed insects and rodents or produce dangerous or offensive gases or odors. (Ord. 85, 9-29-1986) 9-3-1616: LIGHTING: A. Nonhabitable Work Space: Every laundry, furnace room, and similar nonhabitable work space shall have a minimum of one electric light fixture available at all times. 9-3 (18) B. Hallways And Stairways: Every hallway and inside stairway shall be adequately lighted at all times with an illumination of at least five (5) lumens per square foot in the darkest portion of the normally traveled stairs and passageways. (Ord. 85, 9-29-1986) 9-3-3-017: SECURITY: A. Security Systems: All multiple family structures shall have an approved security system. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Deadbolt type door locks shall be provided with lever knobs or doorknobs on the inside of building entrance doors and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be of a type that are permanently locked from the outside and permanently unlocked from the inside. B. Door Locks: Every door that is designed to provide ingress or egress to an individual dwelling unit within a multiple family structure shall be equipped with an approved lock that has a deadlocking bolt which cannot be retracted by end pressure; provided, however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. (Ord. 85, 9-29-1986) 9-3-18: LICENSE SUSPENSION -GR OR REVOCATION: A) A rental dwelling unit license is subject to suspension or revocation by the City Council for violations specified herein. Prior to suspension or revocation of a rental dwelling license, the owner or authorized agent shall be notified in writing at least five (5) business days in advance of the City Council's consideration of such action. The notice shall include, at a minimum, the followi information: C 1. The address where the violation occurred; 2.A description of the violation(s); 3. The notifications as provided in Section 9-11-7 provided to the owner along with the owner's responses to such notifications; and 4. Other information as the City determines necess to support the proposed action. The Cit regardi meeting Council shall cause a public heari the licensing action at a regular at which time the owner d/or its ng to be held City Council authorized agent may address the Council to provide evidence an ....... _..__ LA605 9-3 (19) other information as to why the license should not be suspended or revoked. C) If the City Council finds cause and evidence to suspend or revoke a rental dwelling license, the Council shall pass a resolution stating such. Upon suspension or revocation of the rental dwelling license, the owner or its authorized agent shall not permit any new occupancy for vacant or thereafter vacated dwelling units until the rental dwelling license is reinstated. The procedure and process for obtaining a license following suspension or revocation shall be the same as for obtaining an initial license. D) Whenever any dwelling or dwelling unit has not obtained the required license, or has been denied a license or has had its rental dwelling license suspended or revoked or is deemed unfit for human habitation, the owner or its authorized agent shall post the dwelling with a placard to prevent further occupancy. (amend 10/05) 9-3-3-419: APPEAL: A. Request For Informal Hearing: 1. Required Information: Any person who receives a compliance tag from the Building Official to repair or raze a structure may request a hearing before the City Council by filing with the City Administrator a written request containing the following: a. The name and address of the party and the address of the subject property; b. A brief statement of the legal interest in the subject building or land of each party; c. A brief statement in ordinary and concise language of the order or action protested, together with any material facts claimed to support the contentions of that party; d. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the order or action should be reversed, modified, or otherwise set aside; e. The signatures of all parties submitting the request for a hearing and their official mailing addresses; and LA605 9-3 (20) f. The verification (by declaration under penalty of perjury) of at least one party as to the truth of the matters stated in the hearing request. 2. Time Restriction: The hearing request shall be filed within thirty (30) days from the date of the service of the compliance tag of the Building Official; provided, however, that if the building or structure is in such condition as to make it, in the opinion of the Building Official, an imminent danger to the life, limb, property, health, or safety of the public or adjacent property, and is ordered vacated, such hearing request shall be filed within ten (10) days from the date of the service of the compliance tag of the Building Official. B. Process Of Request: Upon receipt of any request for a hearing filed pursuant to this Section, the City Administrator shall notify the Building Official and shall schedule the matter for a regular meeting of the City Council not less than ten (10) days nor more than sixty (60) days from the date the hearing request was filed with the City Administrator. C. Scheduling And Notice Of Hearing: Notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each party by the City Administrator either by causing a copy of such notice to be delivered to the party personally or by mailing a copy thereof, postage prepaid, addressed to the party at his or her address shown on the written request for hearing. D. Decision Of City Council: At the hearing the City Council shall hear the evidence and arguments of the parties and the Building Official and may reverse, modify, or affirm, in whole or in part, the compliance tag. The City Council may also authorize the use of a third party building official to inspect the rental dwelling unit in question If the use of a third party building official is agreed to by the party or parties the cost for the inspection will be shared evenly by the council and the rental dwelling ownera��e��—�e—e��e—�rar�Y The findings of the third party building official will be considered final. This order shall comply with the provisions of Minnesota Statutes section 463.17, and the matter shall thereafter be governed by the provisions of Minnesota Statutes sections 463.15 through 463.261, inclusive, which are hereby incorporated into this Chapter. E. Failure To Request Hearing: Failure of any party to request a hearing in accordance with the provisions of this Section shall constitute a waiver of his or her right to a hearing. The Council may then issue a formal order which complies with Minnesota Statutes section 463.17, and the matter shall thereafter be LA605 9-3 (21) governed by the procedure set forth in Minnesota Statutes sections 463.15 through 463.261, inclusive. (Ord. 85, 9-29-1986) 9-3-3-20: VIOLATION; PENALTY: Administrative Penalty• an owner or agent who rents or lets to another for the purpose of living therein any dwelling unit which does not comply with the provisions of this Chapter shall result in an administrative penaltvof $50.00 per day for each day the violation is not resolved. ZZ ME I 101 .. LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED Consent Public Hearing Discussion Action Resolution Work session _I Date: Tuesday, December 13, 2005 ITEM NUMBER 15 B Animal Control Ordinance STAFF INITIAL APPROVED DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: this issue has been discussed at several council meetings and at the last one, staff was directed to look at adding language requiring a pet owner who has a potentially dangerous dog to have the animal evaluated by an animal behaviorist. This language has been added along with some other very minor changes. The attorney has not reviewed the new language. OPTIONS: STAFF RECOMMENDATION: Provide staff with any additional feedback. COUNCIL ACTION: LA605 5-3 (1) CHAPTER 3 ANIMAL CONTROL' SECTION: 5--3---1: Definitions S--3---2: Enforcement 5--3---3: Exemptions 5 3 4 Certain Demes' at -3--4: Non -Domestic and Farm Animals 5--3---4--1: Permit Required 5--3— —4--2: Application; Fees 5--3— —4--3: Hearing 5--3—_4--4: Term Of Permit; Renewal 5--3—_4--5: Revocation 5--3— —4--6: Home Occupation 5--3—_4--7: Penalty 5-=3— —5: Dogs And Cats 5--3— —5--1: License And Registration; Exceptions 5-=_3—_5--2: Vaccination Required 5--3-- 5--3: Licensing Procedures 5--3—_6: Regulations 5--3— 7: Impoundment 5--3— —8: Rabies Control 5--3— —9: Biting Animals To Be Quarantined 5--3--10: Potentially Dangerous Aniffials Doas 5-3-11: Summate -Dangerous Dogs 5-3-12: Destruction of Dangerous Doors 5--3-12-13: Penalty i2R! 5--3--1: DEFINITIONS: As used in this Chapter, except as otherwise provided, the following terms shall have the respective meanings ascribed to them: ANIMAL, DOMESTIC: Animals kept within the hemecommonly accepted as domesticated household pets. Unless otherwise ' M.S.A. H 18.021 et seq 561.07, 609.227, and 609.605. SJS-2701180 LA135-3 chapters 356 and 4-7-,347, H LA605 , such as Begs, eats, heuseheld birds, and 5-3 (2) _(1) MY— incl j agu 2 ) Ani cani ack (3 ) Any non - a wo AT LARGE: An unattended animal on public property; or an unattended animal on private property without the consent of the property owner. CAT: Any domesticated feline animal, male or female, whole or S]S-2701180 LA135-3 LA605 neutered. 5-3 (3) DANGEROUS AN-IMAY-DOG: Any aTi=mazdoq that has committed any of the acts set forth below: A. Without provocation, inflicted substantial bodily harm on a human being on public or private property; or B. Killed a domestic animal without provocation while off the owner's property; or C. Been found to be a potentially dangerous anifRaldoq, and after the owner has been notified that the animazdog is potentially dangerous, the animaldog aggressively bites, attacks, or endangers the safety of hahumans or domestic animals. DOG: Any canine animal, male or female, whole or neutered. PROPER ENCLOSURE: animal from escaping OWNER: Any person, firm, corporation, organization or department processing, harboring, keeping, having an interest in or having custody or control of an animal. POTENTIALLY DANGEROUS AN-I-L,DOG: Any aFliffialdoa that has committed any of the acts set forth below: A. When unprovoked -,-inflicts bites on a human or domestic animal on public or private property; or B. When unprovoked, chases or approaches a persona including a person on a bicycle, upon the streets, sidewalks or any ^oma—r-public or private property.. S1S-270118v3 LA 135-3 LA605 5-3 (4) other than the dog owner's property, in an apparent attitude of attack; or C. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. RESTRAINED: On a leash of not more than six feet (61) in length and in the custody of a person of sufficient age to adequately control the animal, in a vehicle, or confined to the owner's property by enclosure or fencing, or absolute voice command. SUBSTANTIAL BODILY HARM: Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. (Ord. 12, 7--27--1993) '^ —! 5--3--2: ENFORCEMENT: A. Animal Control Officer; Law Enforcement Agency: The provisions of this Chapter shall be enforced by an Animal Control Officer and/or the members of a law enforcement agency which has a contract for such duties with the City. B. Interference: No person shall, in any manner, interfere with or hinder an Animal Control or law enforcement officer in the discharge of their duties. C. Right Of Entry: For the purpose of discharging the duties imposed by this Chapter, any Animal Control Officer and/or law enforcement officer is empowered to enter upon private property. (Ord. 12, 7--27--1993) 5--3--3: EXEMPTIONS: The following provisions of this Chapter shall not apply in the following circumstances: A. Unless specified herein, the provisions of this Chapter shall not apply to animals used or confined at hospitals, clinics, or businesses operated by licensed veterinarians. B. Section 5--3--5--2 relating to vaccination requirements shall not apply to any animal belonging to a nonresident of the City and kept within the City for not longer than thirty (30) days, provided all such animals shall, at all times while in the City, be restrained by the owner. M-2701180 LA135-3 LA605 5-3 (5) C. Sections 5--3--10 and 5--3--11 relating to dangerous =;.a=sdo_s and potentially dangerous ana.alsdogs shall not apply to dogs under the control of a law enforcement officer. D. Subsections 5--3--6A and 6C shall not apply to raptors possessed by licensed falconers holding valid State and Federal Falconry Permits so long as the conditions of the permit are being satisfied. (Ord. 12, 7–=27–_1993) E. Section 5--3--4 shall not apply to licensed kennels, pet stores, or veterinary clinics. (Ord. 84, 11–_19–=1985) 5 3 4: GERT IN 99neESTICATED-3-4: NON-DOMESTIC AND FARM ANIMALS: 5--3--4--1: PERMIT REQUIRED: It shall be unlawful to keep or maintain reenters, herse, eew, peny, mule _1-11-1 -- ---- sheep, er ether large a non -domesticated animal, ether �' " dog,• It shall also be unlawful to keep or maintain a farm animal without first having obtained a permit therefor. It shall also be unlawful to keep or maintain more than two (2) ehiekens, due3fs, pigeens,—rabbits, chinchillas, ftins, nutrias, or guinea pigs without first having obtained a permit therefor. All of the aforementioned are hereinafter referred to as "animals". (Ord. 84, 11--19--1985) 5--3--4--2: APPLICATION; FEE: A. Application: Any person desiring a permit required by Section 5--3--4--1 shall make application to the City Council. B. Required Information: The application shall contain the name and address of the applicant, the address of the premises upon which the animal are to be kept, the number, species and, except in the case of bees, the sex of such animal, and a statement regarding any property damage or physical injuries caused by such animal or animals in the past. C. Additional Information: The City Council may also require submission of such additional information or material as it deems necessary or convenient to administer this Section. D. Initial And Renewal Permit Fees: The applicant shall pay to the City Administrator such initial permit fee and renewal permit fee as shall be established from time to time by Council resolution. E. Hearing Date; Notice Of Hearing: Upon submission of the SJS-2701180 LA135-3 LA605 5-3 (6) initial application, the City Administrator shall set a date for a hearing on the application before the City Council and shall notify the owners of all properties located within two hundred feet (2001) of the subject premises of the date and time of the hearing. (Ord. 84, 11--19--1985) 5--3--4--3: HEARING: A. Testimony And Evidence: At the hearing scheduled on the application, the City Council may take such testimony or receive such documents or information as it deems appropriate. B. Potential Hazard Or Nuisance: No permit shall be issued if the City Council finds that such animal or animals, because of their number, size, proximity to other properties, history of vicious or destructive actions, or inherent characteristics are or are likely to become either a nuisance or a hazard to the public health or safety. C. Bees: In the case of bees, no permit shall be issued unless the hive or hives are to be located at least three hundred feet (3001) from any other property. (Ord. 84, 11—=19—=1985) 5--3--4--4: TERM OF PERMIT; RENEWAL: Permits shall be valid until December 31 of the year of issuance and shall be renewed annually. (Ord. 84, 11—_19—_1985;.1996 Code) 5--3--4--5: REVOCATION: The City Council may revoke a permit prior to its expiration if it finds that the terms or conditions of the permit have been violated or if the animal or animals have become either a public nuisance or a hazard to the public health or safety. Nothing herein shall be construed to prohibit or constrain any action allowed by law designed to prevent the spread of disease or the imminent damage to persons or property caused by such animal or animals. (Ord. 84, 11--19—=1985) 5--3--4--6: HOME OCCUPATION: Nothing contained in Section 5--3--4 shall be construed as permitting anyone to keep or maintain animals for sale or as a part of a business, unless otherwise licensed or permitted. (Ord. 84, 11--19--1985) 5--3--4--7: PENALTY: SJS-2701180 LA135-3 LA605 5-3 (7) Any person who violates the provisions of Section 5—_3--4 shall be guilty of a misdemeanor and shall be subject to penalty as provided in Section 1—_4--1 of this Code. (Ord. 84, 11—_19—_1985; 1996 Code) 5--3--5: DOGS AND CATS: 5--3--5--1: LICENSE AND REGISTRATION; EXCEPTIONS: All dogs and cats within the City shall be licensed, except the following: A. Dogs and cats less than six (6) months of age; B. Dogs and cats whose owners are temporary visitors within the City for thirty (30) days or less; and C. Dogs being used by law enforcement officers. (Ord. 12, 7—_27- -1993) 5--3--5--2: VACCINATION REQUIRED: It shall be unlawful for any dog or cat owner to keep or maintain any dog or cat older than six (6) months of age unless it has been vaccinated with an anti -rabies vaccine by a licensed veterinarian. No license or license renewal shall be issued except upon compliance with this Section. (Ord. 12, 7—_27—=1993; 1996 Code) 5--3--5--3: LICENSING PROCEDURES: A. Application: Except as herein provided, within thirty (30) days after acquiring possession of a dog or cat five (5) months or older, the owner of the dog or cat shall make application for a dog or cat license. The application shall be on forms provided by the City Administrator. The applicant shall also present proof of vaccination to the City Administrator prior to the issuance or renewal of a license. B. License Fee: The license fee for each dog or cat must be submitted with the application. The fee will be established by City Council resolution. C. Term Of License: A license shall be annually -issued for a period of time not to exceed the expiration date of the rabies vaccination. D. Issuance: Upon completion of the application form, receipt of the license fee and receipt of the proof of vaccination, the City M-2701180 LA135-3 LA605 5-3 (8) Administrator shall cause a dog or cat license to be issued to the applicant for a particular dog or cat. E. Receipt And Tags: The City Administrator shall cause a license fee receipt to be issued to the applicant along with a metallic tag. The applicant shall cause the tag to be affixed permanently by a metal fastening device to the collar of the licensed dog or cat in such a manner that the tag may be easily observed. F. Duplicate Tag: If a tag is lost, a duplicate may be issued by the City Administrator upon presentation of a receipt showing payment of the initial license fee and upon payment of an additional fee for each duplicate tag. G. Change Of Address: An applicant who has obtained a dog or cat license shall notify the City Administrator of applicant's address changes within the corporate limits of the City within ten (10) days of any address change. H. Counterfeit Tags: No person shall counterfeit or attempt to counterfeit the dog or cat license tags. (Ord. 12, 7—_27—=1993) 5--3--6: REGULATIONS: A. Confinement: Except as herein provided, the owner of an animal within the City shall cause such animal to be confined to the individual's property by adequate fencing, leash, or absolute voice command. B. Female In Estrus: The owner of a female dog or cat in heat shall confine such animal to the owner's property or any veterinary hospital/clinic, in such manner that such female dog or cat cannot come into contact with other animals, except for intentional breeding purposes. C. Leash Required: The owner of an animal within the City shall cause such animal to be restrained by a leash, chain or a cord of not more than six feet (61) in length and in the custody of a person of sufficient age to adequately control the animal at all times while in a public place including but not limited to school yards, playground, parks or streets. D. Noise: The owner of any animal within the City shall be responsible for preventing the animal from becoming a nuisance. A nuisance shall be defined as barking, baying, crying, or howling SJS-2701180 LA 135-3 LA605 5-3 (9) five (5) minute period. E. Feces: Cleaning up litter: 1. The owner of an animal shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. 2. The owner of an animal shall not permit such animal to be on public property or the private property of another without having in the owner's immediate possession, a device for the removal of feces and a proper receptacle on the property of such animal owner. F. Care Of Animals: The owner of an animal within the City shall provide said animal with sufficient, wholesome food and water; proper shelter and protection from weather; veterinary care when needed to prevent suffering; and with humane care and treatment. G. Abuse: No person shall beat, torment, or otherwise abuse an animal or cause or permit an animal fight. H. Number Allowed: No person shall allow residentially zoned property to be used for maintaining more than two (2) like domestic animals over six (6) months of age. I. er a seeure enelesure, every petentiallydan�fereus animal, nd sham net take sueh ni fla-1 eut e enelesure, unless sideh animate is seeurelyz e'' T Guard Dog Warning Signs: A person who uses a dog for security purposes within the City shall post a warning notice at the entrance of the premises. (Ord. 12, 7—=27—=1993; 1996 Code) 5--3--7: IMPOUNDMENT: A. Seizure: Subject to the provisions of this Section, animals found in violation of this Chapter may be seized by the Animal Control Officer, impounded in a designated animal shelter, and confined therein in a humane manner for a period of not more than five (5) business days or until claimed by the animal's owner, if allowable, whichever occurs first. Seizure impoundment and 1. Entry Of Private Dwellings: Animal Control Officers are not authorized to enter private dwellings for the purpose of seizing animals. 2. Notice Of Seizure: Before seizing an animal from the private property of its owner, the Animal Control Officer shall make a M-2701180 LA135-3 LA605 5-3 (10) reasonable attempt, taking into consideration the time of day and nature of the violation, to notify the owner that the animal is being seized because it was observed by the Animal Control Officer to be in violation of the provisions of this Chapter. 3. Written Notice: When an animal is seized from the private property of its owner and the Animal Control Officer has been unable to notify the owner of the reason for seizing the animal, the Animal Control Officer shall leave a written notice affixed to the dwelling unit, in a conspicuous manner, indicating the day and time the animal was seized; the reason for seizing the animal; and the address of the shelter where the animal can be found. 4. Notice Of Impoundment: Immediately upon impounding the animal, reasonable efforts shall be made to notify the owner and inform the owner of the animal's confinement and the procedures for release of the animal to the owner. B. Redemption: An animal which is not redeemed within five (5) business days after impounding may be disposed of in any manner provided by law. Any animal which is not claimed by the owner or sold, shall be euthanized and disposed of in a sanitary manner by the Animal Control Officer. C. Title: The title of all animals seized and held at the animal shelter may be transferred to the Humane Society after the legal detention period has expired and the animals have not been claimed by their owners. D. Impoundment Fees: Any anima permit, impounded hereunder may be reclaimed by the owner of such animal within five (5) business days after such impoundment. Before the owner shall be permitted to recover possession of the animal, the owner shall pay the Animal Control Officer all required fees and costs of impoundment. (Ord. 12, 7—=27—=1993) 5--3--8: RABIES CONTROL: A. State Law Adopted: The Minnesota Health Laws and Regulations are hereby adopted in cases of rabid animals which have bitten any person or animals suspected of being rabid. B. Duty Of Physician To Report: It shall be the duty of every physician to report to the City the names and addresses of persons treated for bites inflicted by animals together with other information helpful in rabies control. C. Duty Of Veterinarian To Report: It shall be the duty of every licensed veterinarian to report to the City his or her diagnosis of any animal observed by him or her as a rabies suspect. S)S-270118v3 LA135-3 LA605 5-3 (11) D. Issuance Of Proclamation: whenever the prevalence of rabies or hydrophobia renders such action necessary to protect the public health, safety and welfare, the Mayor shall issue a proclamation ordering every person owning or in possession of a dog to confine it securely to other premises unless it is muzzled so that it cannot bite. No person shall violate this proclamation. (Ord. 12, 7--27--1993) 5--3--9: BITING ANIMALS TO BE QUARANTINED: Whenever an animal has bitten a person, or whenever a known or suspected rabid animal is picked up by the Animal Control Officer or law enforcement officer, such animal shall be confined for a minimum of ten (10) days as follows: A. Confinement At Owner's Residence: Upon proof of a current rabies vaccination, the owner of the animal may, with the consent of the Animal Control Officer, quarantine the animal at the owner's residence provided that such animal shall not be permitted to come in contact with other animals or persons and, provided further that the animal shall be muzzled and on a leash not to exceed four feet (41), and in control of a competent person when taken from the place of confinement for sanitation purposes. B. Confinement At Animal Shelter Or Veterinary Clinic: If no proof of a current rabies vaccination is provided, or if the Animal Control Officer does not consent to confinement of the. animal to the owner's residence, the animal shall be quarantined at the animal shelter or a licensed veterinary clinic at the expense of the owner. C. Permission To Remove Required: A quarantined animal shall not be removed from the place of confinement without the written permission of the Animal Control Officer. D. Confinement Enclosure: A quarantined animal shall be confined in an enclosure constructed of materials suitable to prevent the animal from escaping. All openings to the enclosure shall be locked at all times and the animal shall not be removed from the enclosure unless the animal is muzzled on a leash not exceeding four feet (41) in length and in control of a competent person. (Ord. 12, 7—=27--1993) 5--3--10: POTENTIALLY DANGEROUS ANIMAbS--DOGS: A. Additional Fee And Proof Of Insurance: The owner of a potentially dangerous anlffiiaidog shall pay an additional annual fee as determined by Council resolution and shall provide the City Administrator annually with proof of liability insurance SJS-2701180 LA135-3 LA605 5-3 (12) which covers damages that may be caused by such ani-ffial. doa. B.-Dang.reus Af}ffials Prehib}ted. it shall be unlawful fer any C. Referral to Animal Behavioral Specialist: a dog determined to be a potentially dangerous dog must be evaluated a professional animal behaviorist such as at the University of Minnesota School of Veterinary Medicine. The owner must provide to the Cit at time of license a report b such behaviorist --------- — --- ----- -- -- _--- ----- -- - -- -- --- vi -- t determining if the dock- can be rehabilitated__ If the doq can be rehabilitiated, the owner must enroll the dog in a certified obedience school and provide proof of completion at the time of license. 5-3-11: ('+T TMM V ��T]� Dangerous Dogs: A. must: 1. SJS-270118v3 LA135-3 Formatted: Font: Not Bold Formatted. Font: Not Bold j LA605 5-3 (13) 5-3-12: DESTRUCTION OF DANGEROUS DOGS: manner: to SJS-27011SO LA135-3 a. If no appeal is filed by the owner with the City Council the orders issued will stand or the Animal Control Officer may order the door destroyed. lia M'2 i 7— �i WON Mimi 10 10171110111. WIN MIN wl LA605 5-3 (14) (Ord. 12, 7-27-1993) 5--3-12-13: PENALTY: Any violation of this Chapter is a misdemeanor. Each day on which such violation continues shall constitute a separate offense. (Ord. 12, 7--27--1993) SJS-270118v3 LA135-3 Document comparison done by DeltaView on Wednesday. October 26. 2005 12:00:33 Input:' Document 1 cdocs://docso en/270118/1 Document 2 cdocs://docso en/270118/3 Renderinq set K&G Standard Legend: Insertion Dele6ert Meved-€+om Moved to Style change Fonnatchan e -Mo:,ed-deh tion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell statistics: Count Insertions 240 Deletions 195 Moved from 0 Moved to 0 Style chane 0 Format changed 2 Total chan es 1 437 LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED Consent Public Hearing Discussion Action Resolution Work session x_ Meeting Date 12/13/05 ITEM NUMBER 1501 Garbage Ordinance STAFF INITIAL 111 DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: At the November 22 meeting, the council discussed the proposed revisions to the garbage ordinance and license application. Further revisions have been made and are being presented again for your review and discussion. The most significant revisions involve Section 4-2-11-C: Insurance, Section 4-2-13: Fines and Revocation, and Section 4-2-14: Penalty. Ron Batty had no suggestions for improvement. OPTIONS: STAFF RECOMMENDATION: 1) Discuss proposed changes to ordinance and license application. 2) Provide feedback and direction to staff on whether further modifications are needed. COUNCIL ACTION: 6t - J he ./ j (.U.nd [tZ Me ✓it dw CITY HALL 1 891 WALNUT STREET LAUDERDALE, MN 55113 651-631-0300 FAx 651-631-2066 WWW.CI.LAUDERDALE.MN.US Municipal Garbage Hauler License Application Annual per year unit fee $65.00/truck Applicant: Company Name: Address: Phone: Fax: Contact Person: MN Business Tax ID Number: Vehicles used in work are insured with: Company: Agents Name: Address: Telephone Number: Insurance Policy Number(s): # of Units Amount Due Solid waste collection will be provided to (check all that apply): Residential Commercial/Industrial Name and address of disposal facility to which waste will be hauled: $ Residential Customer Rates Service Cost 30-3=9 Gallon Service (per month) 60-" Gallon Service (per month) 90-99 Gallon Service (per month) Appliances Carpet and or padding Christmas Trees Electronics Furniture Mattresses and Box Springs Tires (each) Yard Waste By signing below, the company agrees to the following: • Collection days shall be on Mondays, unless Monday is a legal holiday. When Monday is a legal holiday, collection shall be on the Tuesday immediately following the holiday. • Licenses are valid for the period of one year. • Proof of insurance must be submitted before application can be considered for a license. • All licenses are subject to final approval of the inspeeter City Council. Applicant Signature Date Completed application and paperwork should be sent to: City of Lauderdale License Department 1891 Walnut Street Lauderdale, MN 55113 Phone: (651) 631-0300 Fax: (651) 631-2066 Please enclose the followine: • License application fee. • Certificate of Insurance. • Certified bond in the sum of $1,000. • Proof of vehicle insurance covering all vehicles used by applicant. lastwaftee pakey showing per -Bona! injwy @Overage of at least to $100,000 $250,000 $30AO-0-0-. !as maee p0hey 81, • Proof of worker's compensation insurance. LA605 4-2 (1) CHAPTER 2 GARBAGE AND REFUSE SECTION: 4-2--1: Definitions 4-2--2: Disposal Of Garbage And Refuse 4-2--3: Collection, Supervision And Control 4-2--4: Precollection Practices 4-2--5: Containers 4-2--6: Multiple Residence Units 4-2--7: Commercial Establishments 4-2--8: Air Pollution Control Regulations 4-2--9: ing Private Composting 4-2-10: Vehicles For Hauling Garbage And Refuse 4-2-11: Garbage And Refuse Collectors 4-2-12: Disposal At Tandf Facility 4 213m T,. e aters 4214: 4-2-13: Penalty Fines and Revocation 4-2-14: Reveeate---- Penalty 4-2-1: DEFINITIONS: For the purpose of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word shall is always mandatory and not merely directory: COMMERCIAL ESTABLISHMENT: Any premises where a commercial or industrial enterprise of any kind is carried on, and shall include clubs, churches and establishments of nonprofit organizations where food is prepared or served or goods are sold. GARBAGE: All putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, service and consumption of food and shall alseine3�tde--all ether anifaal wastes including containers or wrappers wasted along with such materials, but not including recyclable materials. INCINERATOR: Any device used for the destruction of refuse, rubbish, or waste materials by fire. LICENSED PRIVATE GARBAGE AND REFUSE COLLECTOR: Any person holding a valid license from the City for the collection of garbage and refuse. MIXED MUNICIPAL SOLID WASTE: Shall have the meaning given it in Minnesota Statutes Section 115A.03, Subdivision 21. 1. M.S.A. § 412.221, subd. 22. 271434v2 (SJS) LA135-3 LA605 4-2 (2) OPEN BURNING: Burning of any matter whereby the resultant combustion products are emitted directly to the open atmosphere without passing through an adequate stack, duct, or chimney. PUTRESCIBLE: Derayabi Liable to become putrid. RECYCLABLE MATERIALS: Minnesota s L L 1 7 C* 94- 5 Materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil, and batteries. REFUSE: Garbage, rubbish and all other putrescible and nonputrescible wastes, except sewage and water -carried trade wastes, but not including recyclable materials. RESIDENTIAL DWELLING UNIT: Any single building consisting of four (4) or less separate dwelling plaees units with individual kitchen facilities for each. It also includes any boarding house in a residential district. (Ord. 11, 7-7-1970) YARD WASTE: Shal a bikelEte. -- . F -en ib In Minnesota sbwbubee- &eebi d a_i u 3--g-'=means garden T. � .i D Z--i- wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings. 4-2-2: DISPOSAL OF GARBAGE AND REFUSE: A. Disposal Required: Every tenant, lessee, owner, or occupant of every private dwelling, house, multiple residence, store, motel, restaurant, and every other type of property in the City shall 271434v2 (SJS) LA135-3 OWN 011 WHOM 001 REFUSE: Garbage, rubbish and all other putrescible and nonputrescible wastes, except sewage and water -carried trade wastes, but not including recyclable materials. RESIDENTIAL DWELLING UNIT: Any single building consisting of four (4) or less separate dwelling plaees units with individual kitchen facilities for each. It also includes any boarding house in a residential district. (Ord. 11, 7-7-1970) YARD WASTE: Shal a bikelEte. -- . F -en ib In Minnesota sbwbubee- &eebi d a_i u 3--g-'=means garden T. � .i D Z--i- wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings. 4-2-2: DISPOSAL OF GARBAGE AND REFUSE: A. Disposal Required: Every tenant, lessee, owner, or occupant of every private dwelling, house, multiple residence, store, motel, restaurant, and every other type of property in the City shall 271434v2 (SJS) LA135-3 LA605 4-2 (3) dispose of such garbage and refuse as provided in this Chapter. B. Minimum Disposal Requirements: 1. Residential Dwelling Units: Garbage and refuse shall be disposed of at least once each week from residential dwelling unit properties. 2. Commercial Establishments: Garbage and refuse in outside storage at any commercial establishment shall be disposed of at least once each week and as often as once each day if necessary to protect the public health. C. Accumulation Prohibited: No person shall accumulate or permit to accumulate any refuse on any property in the City which might constitute a nuisance by reason of appearance, odor, sanitation, possible littering of neighboring properties, littering of the property on which the refuse is accumulated, or a fire hazard. (Ord. 11, 7-7-1970) 4-2-3: COLLECTION, SUPERVISION AND CONTROL: A. Authority To Regulate: The City Council shall have the authority to make regulations concerning the days of collection, number of licenses in the city, type and location of waste containers and such other matters pertaining to the collection, conveyance, and disposal as y it shall find necessary, and to change and modify the same. B. Right To Appeal: Any person aggrieved by a regulation of the City Council shall have the right of appeal to the City Council which shall have the authority to confirm, modify, or revoke any such regulation. (Ord. 11, 7-7-1970) 4-2-4: PRECOLLECTION PRACTICES: A. Preparation Of Garbage Or Refuse: Grass clippings, leaves, and other similar refuse shall be placed in bags or bundles not exceeding three feet (31) in any dimension and securely fastened to avoid spillage. Household appliances and furniture falling within the definition of refuse need not be so packaged. B. Placement For Pickup: Refuse shall be deposited at one place, at ground level, on each property. Refuse and garbage shall not be deposited on the traveled roadway of any street. C. Time Of Placement; Removal: Refuse and garbage shall not be deposited next to streets for collection prior to six o'clock (6:00) P.M. on the day preceding the day of collection, and containers and any garbage or refuse which is not picked up shall be removed from any such location on the day of collection. D. Containers, Wrapping Or Bagging Required: Except as otherwise 271434v2 (SJS) LA135-3 LA605 4-2 (4) provided in subsections A, B and C, all garbage and refuse as accumulated on any premises shall be placed and maintained in containers and shall have drained from it all free liquids before being deposited for collection and shall be wrapped or bagged. E. Explosive Or Highly infl mm, Flammable Material: No explosive or highly ;rf, ffifna flammable material shall be so deposited. Such material shall be disposed of as directed by the Fire Inspector at the expense of the owner or possessor thereof. F. Contagious Disease Refuse: Refuse such as, but not limited to, bedding, wearing apparel, or utensils from residential dwelling units or other units where highly infectious or contagious diseases are present shall not be deposited for regular collection but shall be disposed of as directed by the Health Officer at the expense of the owner or possessor thereof. (Ord. 11, 7-7-1970) 4-2-5: CONTAINERS: A. Provided By Licensed Private Garbage and Refuse Collector: Garbage and refuse containers shall be provided by the licensed private garbage and refuse collector benanb, lesse&1V n; of the - and located in such a manner so as to prevent them from being overturned. B. Sanitary Condition: Such containers shall be kept in a clean and sanitary condition and kept free from any substance which will attract or breed flies, mosquitoes, or other insects. C. Size and Type: No garbage or refuse container shall exceed thirty twe'-T32) ninety (90) gallons in capacity or have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof. Containers shall be made of metal, or other suitable material, which is rodent, fire, and waterproof and which will not easily corrode and is equipped with suitable handles and tight -fitting covers and shall be kept tightly covered when there is garbage therein. D. Nonconforming Containers: Containers not complying with the requirements of this Chapter shall be promptly replaced upon notice. F. Refuge F -Refuge @0nb&d!ner-0!=Re bfttneeo SlEt el e i u'cr r cup z c F '1 a- r and s1p be o f S U c—cora 62 efgxxc that vaan -kept zzci�cvvc + 1 r-ef'dse t 271434v2 (SJS) LA135-3 a_ , .. t a a -� t-1�,iF�'6� ice' c� o z x �c c z �a s equipped _ e a _ W. -hen __-- F. Refuge F -Refuge @0nb&d!ner-0!=Re bfttneeo SlEt el e i u'cr r cup z c F '1 a- r and s1p be o f S U c—cora 62 efgxxc that vaan -kept zzci�cvvc + 1 r-ef'dse t 271434v2 (SJS) LA135-3 LA605 4-2 (5) E. Storage Of Containers: Garbage cans and other garbage and refuse containers shall be so located as to be out of the public view, insofar as possible, except on the day of pickup. (Ord. 11, 7-7-1970) 4-2-6: MULTIPLE RESIDENCE UNITS: A. Pickup Service Or Commercial Incinerator Required: Multiple residence units having more than four (4) family units shall either be equipped with refuse containers and refuse pickup service as provided in this Chapter or be equipped with a commercial incinerator complying with the requirements of the Minnesota Pollution Control Agency and licensed by the City as provided in this Chapter. B. Containers: Refuse containers provided as an alternative to or in addition to such incineration shall be at least one cubic yard in capacity, shall be conveniently located in relationship to the residence units for which they are provided, shall be watertight and rodentproof with self-closing lids and shall be kept in an enclosing structure concealing them from public view. Sue strueture shall have a raised eenerete fleer and shall be surreunded a eenerete—barrrer eurb- Such structure shall be kept in a state of good repair at all times. The refu e ee ntc"rrFter9 errari� ewe eazccc—S e- thattheircvx-rccrrcscrl`t inaeeessible te at least three feet (31) abeve the base ef the encel es -i ng strueture. preperty shall-pre=verde—fer garbage pl ele 3p frefa sueh e nt- ine s Refuse, debris, garbage and other waste materials shall not be permitted to be accumulated in or near the enclosing enclosed structures (except in the containers). There shall be daily cleanup in and around each such enelosing enclosed structure. (Ord. 11, 7-7-1970) 4-2-7: COMMERCIAL ESTABLISHMENTS: The owner or occupant of any commercial establishment or any other property which produces a volume of garbage or refuse or both, which requires garbage and refuse pickup more frequently than once each week, shall also comply with the provisions of Section 4-2-6 of this Chapter. (Ord. 11, 7-7-1970) 4-2-8: MINNESOTA AIR POLLUTION CONTROL AGENCY REGULATIONS ADOPTED: A. Regulation Adopted: Pursuant to Minnesota Statute Section 471.62, subject to specific modifications and additions contained herein, the City hereby adopts by reference Minnesota Rules Chapter 7009(Ambient Air Quality Standards), as amended. 271434v2 (SJS) LA135-3 LA605 4-2 (6) 4-2-9: PRIVATE COMPOSTING The private composting of yard wastes and food wasbes vegetable matter is permitted if the following conditions are met: A. The compost pile shall not be placed closer than five (5) feet from a prape `y 34-- any structure. It shall be located in the rear yard of a residential lot and in the rear of commercial and industrial properties. The compost pile shall be screened from view of the public right-of-way and adjacent properties at all times. 271434v2 (SJS) LA135-3 - - - - - -- --- -- --- --- - - - --- e -- -- - - - --NIN - - •- - WIN WON MW 4-2-9: PRIVATE COMPOSTING The private composting of yard wastes and food wasbes vegetable matter is permitted if the following conditions are met: A. The compost pile shall not be placed closer than five (5) feet from a prape `y 34-- any structure. It shall be located in the rear yard of a residential lot and in the rear of commercial and industrial properties. The compost pile shall be screened from view of the public right-of-way and adjacent properties at all times. 271434v2 (SJS) LA135-3 - - - - - -- --- -- --- --- - - - --- -- -- MW 4-2-9: PRIVATE COMPOSTING The private composting of yard wastes and food wasbes vegetable matter is permitted if the following conditions are met: A. The compost pile shall not be placed closer than five (5) feet from a prape `y 34-- any structure. It shall be located in the rear yard of a residential lot and in the rear of commercial and industrial properties. The compost pile shall be screened from view of the public right-of-way and adjacent properties at all times. 271434v2 (SJS) LA135-3 LA605 4-2 (7) B. The compost pile shall be managed so as to prevent the scattering of yard wastes or other material. C. The compost pile shall be managed in a manner to prevent odor, harborage of animals, and the stockpiling of material which does not readily decompose within a calendar year including but not limited to refuse, fibrous materials, and prunings. D. Only the yard waste and vegetable matter which are produced on the premises can be composted on the premises. 4-2-10: VEHICLES FOR HAULING GARBAGE AND REFUSE: A. Cover Required: All persons hauling or conveying garbage or refuse over the streets of the City shall use a vehicle provided with a tight cover and so operated and maintained as to prevent offensive odors escaping therefrom and garbage or refuse from being blown, dropped or spilled from the vehicle. B. Cleanliness: Any such vehicles shall be kept clean and as free from offensive odors as possible. C. Standing On Streets: Any such vehicle customarily used for the hauling of garbage or refuse shall not be allowed to stand in any street, alley, or other place longer than is reasonably necessary to collect garbage and refuse. D. Disinfection: Any vehicle customarily used for such purposes shall be kept in a clean and sanitary condition. and 41--a! feebed at least 4-2-11: GARBAGE AND REFUSE COLLECTORS: A. License Required: No person shall engage in the business of garbage or refuse collection in the City unless he or she first pays the license fee as prescribed btme to `_ _ by resolution of the City Council and secures a license from the City to do so in accordance with the provisions of this Section. A license shall be valid for a period of one (1) year beginning February 1 and ending January 31. All licenses shall be subject to the review and approval of the City Council. B. Application: Any person desiring a license shall make application to the City Administrator. The application shall accurately state: 1. The name of the owner or the licensee; 2. The proposed charges for the hauling; 3. A description of the kind of services to be rendered; 271434v2 (SJS) LA135-3 LA605 4-2 (8) 4. A description of each motor vehicle to be used for hauling, including the license number thereof; and 5. The manner and kind of service proposed to customers and the schedule of pickups. C. Insurance: 1. Policy Of Insurance: No license shall be issued until the applicant files with the City Administrator a current certificate of insurance covering all vehicles to be used by the applicant in the business. 2. Minimum Limits: The minimum limits of coverage shall sufficiently cover the city's maximum liability as provided by Minnesota Statutes Chapter 466, as amended. at least undred i i �6 . 3. Notice Of Termination: Such insurance shall be kept in force during the term of the license and shall provide for notification of the City prior to termination or cancellation. 4. Revocation Of License: Any license issued shall automatically be revoked at the time of termination or cancellation of such insurance unless and until other insurance is provided as required by this subsection. D. Bond: Before a license is granted, the applicant shall furnish to the City and deposit with the City Administrator a certified bond in the sum one thousand dollars ($1,000.00) for each vehicle licensed, to be conditioned upon the faithful performance by the licensee for all work entered into or contracted for by said licensee and conditioned upon compliance with all the provisions and requirements of this Chapter and all applicable sanitary rules and regulations. E. License Fee: The annual license fee is for the first vehicle and for each additional vehicle in the business of garbage and refuse hauling within the City. F. Days and Hours of Collection: Residential garbage or refuse collection shall only occur on Mondays 1R) peras�)n engaged t 271434v2 (SJS) LA135-3 LA605 4-2 (9) -e�hi€-�3�TP.M. ®�=-between the hours of six thirty (6:30) A.M. ekany- and 8:30 P.M. Thereshall be ne garbage er remorse-pieleap ffreffi residential dwelling units en Sundays. When the Monday is designated a legal holiday, residential garbage or refuse collection shall occur on the Tuesday immediately following the holiday. G. Hq-, G. Inspection': Each vehicle for which a license is applied for or which is licensed shall be subject to inspection by the City at all reasonable times. 14. &r H. Vehicle s2: 1. Name Of Licensee: Any such vehicle, while it is used by the licensee in the City, shall have the name of the licensee clearly printed on both sides of the vehicle. 2. License To Be Kept In Vehicle: The license for the vehicle shall be kept in the vehicle at all times while it is being so used. I. No Vested Right: No person licensed pursuant to this Section shall gain a vested right in said license. The City may, upon finding that public necessity requires, determine to establish another means of refuse collection. K�, J. Obligation Of Licensed Collectors: A licensed garbage and refuse collector shall pick up any garbage and refuse of his customers which has been deposited for collection in the manner provided by this Chapter. (Ord. 11, 7-7-1970; 1996 Code) 4-2-12: DISPOSAL FACILITY: -3 Garbage or refuse shall be disposed of at an approved landfill site—An appreved la3i`a�s3.'i-c--ite–fe= ai,•pe`" l ef- refuse -eperated-i-n-aeeereewith the rulesandrE=g ==- -- = - - ns ef the --Miesea-geleee1 Agency. waste facility permitted by the Minnesota Pollution Control Agency. (Ord. 11, 7-7-1970) 1. See also subsection 2-4-2B2 of this Code. 2. See also Section 4-2-10 of this Chapter. 271434v2 (SJS) LA135-3 W:_. Me 4-2 (10) 3 4-2-13: FINES AND REVOCATION: A. FINES FOR ORDINANCE VIOLATIONS BY LICENSEES: Fines for ordinance violations by licensees shall consist of two hundred fifty dollars ($250) per occurrence and shall be payable within 30 days of written notification by the City. 271434v2 (SJS) LA135-3 Wz OWN mil 3 4-2-13: FINES AND REVOCATION: A. FINES FOR ORDINANCE VIOLATIONS BY LICENSEES: Fines for ordinance violations by licensees shall consist of two hundred fifty dollars ($250) per occurrence and shall be payable within 30 days of written notification by the City. 271434v2 (SJS) LA135-3 LA605 4-2 (11) These penalties are presumed to be appropriate for every case, however, the Council may deviate in an individual case where it finds that there exists substantial reasons making it more appropriate to deviate. Non -renewal of the Municipal Garbage Hauler License may be considered for any licensee that has hid three or more violations occur over a period of three hundred and sixty-five (365) days. For purposes of this Section, a licensee's violations are accumulated over a period of three hundred and sixty-five (365) consecutive days and shall exonerate after this time. Violations by a licensee shall also expire in the event of change of ownership unless specified otherwise by the City Council. B. REVOCATION FOR ORDINANCE VIOLATIONS BY LICENSEES: A garbage or refuse collector's license may be revoked by the City upon occurrence of any of the following: 1. The licensee fails to comply with the provisions of this ordinance or other city ordinances, or is in violation of county ordinances, and/or state or federal laws, rules or regulations; or 2. The City determines that the licensee's performance of refuse collection, hauling or disposal is unsatisfactory based on complaints received about the licensee. 4-2-14 4: PENALTY: Any person violating any of the provisions of this Chapter shall be subject to the penalties provided for in Section 1-4-1 of this Code. (Ord. 11, 7-7-1970) Nothing in this section shall be construed to limit the City's other available legal remedies for any violation of the law, which may constitute a violation of the ordinance including criminal, civil, injunctive or others. 271434v2 WS) LA135-3 470 U.S. Bank Plaza 200 South Sixth Street v Minneapolis, MN 55402 (612) 337-9300 telephone ffl� (612) 337-9310 fax C H A R T E R E D http://Nvww.kennedy-graven.com ROBERT A. ALSOp Attorney at Law Direct Dial (612) 337-9224 Email: ralsop@kennedy-graven.com December 2, 2005 VIA FACSIMILE AND U.S. MAIL Jeffrey C. Thompson Attorney at Law Howse & Thompson, PA 3189 Fernbrook Lane Plymouth, MN 55447 Re: Rand Claussen et al, vs. City of Lauderdale Court File No.: C8-00-7228 Dear Mr. Thompson Enclosed herein and served upon you in the above matter please find copies of the following documents: • City of Lauderdale's Memorandum in Support of Motion to Compel Discovery; • Affidavit of Robert A. Alsop with exhibits; and • Proposed Order. Sincerely, KENNEDY & GRAVEN, CHARTERED Robert A. Alsop Enclosures cc: Brian Bakken -Heck (w/enc.) RAA -271 s79v 1 LA135-25 470 U.S. Bank Plaza ' 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax C H A R T E R E D http://www.kennedy-graven.com ROBERT A. ALSOP Attorney at Law Direct Dial (612) 337-9224 Email: ralsop@kennedy-graven.com December 2, 2005 VIA FAX AND U.S. MAIL Ramsey County Courthouse Attn: Civil Filing 15 Kellogg Boulevard West 750 Courthouse St. Paul, MN 55102 Re: Rand Claussen, et al. v. City of Lauderdale, et al. Court File No. C8-00-7228 Dear Sir or Madam: Enclosed herein for filing in the above matter please find the following original documents: • City of Lauderdale's Memorandum in Support of Motion to Compel Discovery (original and two copies); • Affidavit of Robert A. Alsop with exhibits; • Proposed Order; • Affidavit of Service by Fax and Mail to opposing counsel Jeffrey C. Thompson; and • Check in the amount of $5 for the fax filing fee. Please note that the Notice of Motion and Motion and $55 fee was mailed to the court on December 1, 2005. Please do not hesitate to contact our office with any questions. Thank you. Respectfully submitted, KENNEDY & GRAVEN, CHARTERED _JN� A. Robert A. Alsop Enclosures cc: Jeffrey C. Thompson, Esq. (w/ enc.) Rand and Barbara Claussen (w/ enc.) Marilyn J. Salovich (w/ enc.) RAA -271 s70v l LA135-25 STATE OF MINNESOTA COUNTY OF RAMSEY Rand Claussen, Barbara Claussen, Edward Salovich and Marilyn Salovich, Plaintiffs/Respondents, V. City of Lauderdale, Minnesota; et al., Defendants/Petitioner, w Virginia and Paul Nolan, individually and on behalf of the heirs of Moses Des Lauriers, Respondents. DISTRICT COURT SECOND JUDICIAL DISTRICT Case Type: Other Civil—Quiet Title Court File No: C8-00-7228 (Judge Steven Wheeler) CITY OF LAUDERDALE'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL DISCOVERY INTRODUCTION This matter is before the Court on the motion of Petitioner City of Lauderdale ("City") for an order to compel discovery against Respondents Virginia and Paul Nolan, individually and on behalf of the heirs of Moses Des Lauriers, and to impose sanctions if the discovery is not provided by Respondents as ordered by the Court. The City respectfully requests that its motion be granted in its entirety based on Respondents' blatant disregard for their obligations under the Minnesota Rules of Procedure as well as the delays and inconveniences associated therewith. STATEMENT OF FACTS All facts relevant to this memorandum of law in support of the motion to compel discovery are contained in the Affidavit of Robert Alsop. See Affidavit of Robert Alsop. MJM-271838v 1 LA135-25 ARGUMENT A parry's obligation to respond to discovery in civil litigation is unambiguously spelled out in the Minnesota Rules of Civil Procedures. The Rules of Civil Procedure also outline the authority of the judiciary to enforce the rules of discovery including the imposition of sanctions against a non- compliant litigant. Minnesota appellate courts have repeatedly held that the choice of sanctions for a failure to comply with the rules is a matter for the trial court. Patton v. Newmar Corp., 538 N.W.2d 116 (Minn. 1995); Indep. Sch. Dist. No. 404 v. Castor, 670 N.W.2d 758 (Minn. App. 2003); Przymus v. Comm'r of Public Safety, 488 N.W.2d 829 (Minn. App. 1992); Northwest Bank Midland v. Shinnick, 402 N.W.2d 818 (Minn. App. 1987). The Minnesota Rules of Civil Procedure vest the district court with the discretion to compel discovery and impose sanctions on a disobedient Ply Minnesota Rules of Civil Procedure Rule 37.04 provides, in pertinent part: If a party ... fails ... (2) to serve answers or objections to interrogatories submitted pursuant to Rule 33, after proper service of the interrogatories, or (3) to serve a written response to a request for inspection submitted pursuant to Rule 34, after proper service of the request, the court in which the action is pending on motion may make such orders in regard to the failure as are just, including any action authorized in Rule 37.02(b)(1), (2), and (3). In lieu of any order or in addition thereto, the court shall require the party failing to act or the attorney advising that parry or both to pay the reasonable expenses, including attorney fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. The failure to act described herein may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by Rule 26.03. Based on the plain wording of Rule 37.04, a party moving to compel discovery can seek sanctions under Rule 37.02 against a non-moving party that has completely failed to respond to the moving party's discovery requests. Rule 37.02 (b) provides for the imposition of the following sanctions as deemed appropriate by the district court: MJM-271838vl 2 LA135-25 (1) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the parry obtaining the order; (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters into evidence; (3) An order striking pleadings or parts thereof, staying further pleadings until the order is obeyed, dismissing the action or proceedings or any part thereof, or rendering a judgment by default against the disobedient party; ... In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising that party or both to pay the reasonable expenses, including attorney fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. Courts generally favor the inclusion of sanctions in an order compelling discovery because it streamlines the judicial process and gives the offending party unequivocal notice. O'Neil v. Corrick, 307 Minn. 497, 239 N.W.2d 230 (Minn. 1976). See also, Sudheimer v. Sudheimer, 372 N.W.2d 792 (Minn. App. 1985) (holding suggests the order compelling discovery must identify the sanctions for non-compliance). In this case, the City is forced to seek relief from the Court based on Respondents' blatant disregard of their obligations under the Minnesota Rules of Rules of Civil Procedure. As noted in the Affidavit of Robert A. Alsop, counsel for the City made numerous good faith efforts to invoke compliance by Respondents with respect to their discovery obligations. Extensions were granted. Deadlines were overlooked. And in the end, the City patiently waited over three and one half months without obtaining any substantive discovery from the Respondents. Based on the foregoing, the City respectfully requests an Order from the Court granting the following relief: First, the City requests that the factual assertions contained in its requests for admissions be deemed to be admitted for purposes of this proceeding based on Respondents' failure to appropriately respond to the City's requests in a timely fashion. In the only discovery response served by Respondents in this matter (Exhibit B to Alsop Affidavit), Respondents were unable to wholly admit or wholly deny each of the City's requests for admissions but they indicated that MJM-271838v1 3 LA135-25 discovery was continuing. Alsop Af£, ¶ 4. Such a response does not comply with the requirements of Rule 36.01 of the Minnesota Rules of Civil Procedure in that Respondents' did state or establish that a reasonable inquiry had been made to reach their conclusion with respect to each admission. In the absence of such an inquiry or more importantly a supplemental response that directly addresses the relatively simplistic and obvious admissions requested by the City, Respondents' responses must be found to be inadequate by the Court and consequently the admissions should be deemed to be true for purposes of this proceeding. See, Minn. R. Civ. P., Rule 36.01. As for its interrogatories and requests for the production of documents, the City is willing to allow Respondents a very short period of time to provide substantive responses to these discovery requests in lieu of seeking immediate sanctions. If, however, Respondents fail to provide responses within the short period of time established the Court, the City respectfully request that Respondents' objections to the City's Petition be deemed waived and stricken from this action. Finally, the City seeks an Order from the Court awarding the City its reasonable costs and expenses in bringing this motion, including attorney fees. Minn. R. Civ. P., Rule 37.01(d); Garri v. Kemper Motor Sales, 280 Minn. 202, 159 N.W.2d 103 (1968) (upheld the award of expenses). Counsel for the City made numerous good faith attempts to obtain the discovery responses from Respondents without the intervention of the Court. Respondents ignored counsel's efforts and in the end offered no excuse or explanation for their non-compliance with their obligation to respond to the City's outstanding discovery requests. Respondents' actions have unnecessary resulted in delays and additional costs for which the City seeks to reimbursement. CONCLUSION Respondents have callously ignored their obligations under the Minnesota Rules of Civil Procedure by repeatedly refusing to comply with the City's repeated requests for discovery. Based MJM-271838v 1 4 LA135-25 on the foregoing, the City respectfully requests the Court grant its motion to compel discovery in its entirety. Dated: December 2. , 2005 KENNEDY & GRAVEN, CHARTERED By. Robert A. Alsop, # 174324 200 South Sixth Street 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 ATTORNEYS FOR DEFENDANT CITY OF LAUDERDALE MJM-271838v1 5 LA135-25 STATE OF MINNESOTA COUNTY OF RAMSEY Rand Claussen, Barbara Claussen, Edward Salovich and Marilyn Salovich, Plaintiffs/Respondents, 0 City of Lauderdale, Minnesota; et al. Defendants, and Virginia and Paul Nolan, individually and on behalf of the heirs of Moses Des Lauriers, Respondents. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) DISTRICT COURT SECOND JUDICIAL DISTRICT Case Type: Other Civil—Quiet Title Court File No: C8-00-7228 (Judge Steven Wheeler) AFFIDAVIT OF ROBERT A. ALSOP ROBERT A. ALSOP, being first duly sworn under oath, states and alleges as follows: 1. I am an attorney with the law firm of Kennedy & Graven, Chartered, counsel for Petitioner City of Lauderdale ("the City") in the above -captioned matter. I have personal knowledge of facts relevant to this proceeding and offer this affidavit in support of Petitioner's Motion to Compel Discovery in this action. 2. On August 24, 2005, I served the following discovery on Edward Zimmerman, attorney for Respondents Virginia and Paul Nolan, individually and on behalf of the heirs of Moses Des Lauriers ("Respondents"): RAA -271799v 1 LA135-25 a. City of Lauderdale's First Set of Request for Admissions and Interrogatories to Virginia and Paul Nolan; and b. City of Lauderdale's First Set of Request for Production of Documents to Virginia and Paul Nolan A copy of the foregoing discovery is attached hereto as Exhibit A. 3. On September 21, 2005, Edward Zimmerman advised me that he no longer represented the Respondents in this matter. On September 22, 2005, I received a call from Respondents' current counsel, Mr. Jeffrey Thompson, indicating that he had talked to Respondents and intended to represent them in this matter. I advised Mr. Thompson of the outstanding discovery and faxed a copy to him. 4. On September 26, 2005, Mr. Thompson faxed me a letter with Respondents' Answers to City of Lauderdale's First Set of Request for Admissions and Interrogatories. Respondents did not respond to the City's request for documents or provide any response to the City's interrogatories. The discovery responses were limited to the City's requests for admissions and Respondents merely indicated that they were unable to "wholly admit or wholly deny" each request for admission and discovery was continuing. A copy of Mr. Thompson's letter along with Respondents' discovery responses to the City's requests for admissions are attached hereto as Exhibit B. 5. In a letter dated September 28, 2005, I confirmed Mr. Thompson's retention as counsel for Respondents and advised him that Respondents' responses to the City's requests for admissions were inadequate under Rule 36 of the Minnesota Rules of Civil Procedures. I also advised Mr. Thompson that I expected to receive Respondents' responses to the remaining discovery prior to the pre-trial conference with the Court scheduled for October 12, 2005. A copy of the foregoing letter is attached hereto as Exhibit C. RAA -271799v 1 2 LA135-25 6. In a letter dated October 7, 2005, Mr. Thompson indicated that Respondents' discovery responses would not be completed by October 12, 2005, due in part to Mr. Thompson's inability to get his clients' file from their previous attorney, Edward Zimmerman. At the pre-trial conference on October 12, 2005, Mr. Thompson could not give me a firm commitment as to when Respondents' discovery responses would be completed. See Exhibit D attached hereto. 7. On October 24, 2005, more than two months after serving the City's discovery requests, I advised Mr. Thompson in a letter that the City intended to bring a motion to compel discovery unless substantive responses were received by October 24, 2005. See Exhibit E attached hereto. 8. In a letter dated October 28, 2005, Mr. Thompson advised me that he had met with his clients and fully intended to have all discovery responses to me by the end of the following week or by November 4, 2005. Mr. Thompson did not mention any problems about getting his clients' files back from Mr. Zimmerman. A copy of Mr. Thompson's letter is attached hereto as Exhibit F. 9. As of this date, the City has not received any substantive responses to the discovery requests that were served on Respondents on August 24, 2005, nor has Respondents' counsel asked for any additional extensions or offered any excuses for their failure to respond. The foregoing contacts with Respondents' counsel evidence the numerous good faith attempts I have made to obtain discovery responses without the intervention of the Court. FURTHER AFFIANT SAYETH NOT. Dated: December 2, 2005 By: Robert A. Alsop Subscribed and sworn to before me this 2nd day of December, 2005. �J_t7— Notary Public MICHELLE HYATT NOTARY PUBLIC - MINNESOTA RAA -271799v 1 My Commisslon Expires Jan. 31, 2010 LA135-25 STATE OF MINNEESOTA COUNTY OF RAMSEY Rand Claussen, Barbara Claussen, Edward Salovich and Marilyn Salovich, Plaintiffs/Respondents, ►1 City of Lauderdale, Minnesota; Dennis Dolphin; Mary Dolphin; Jairo Moncada; Yolanda Rodriquez; Matthew Saumweber; Amy Stower; TCF Mortgage; Wells Fargo; WMC Mortgage; Farm and Home Savings Associates; and all heirs and assigns of prior owners and possessors of, and any and all other persons and parties, claiming any right title, estate, lien or other interest in , any of the real estate described in the Summons in this matter, Defendants, and Virginia and Paul Nolan, individually and on behalf of the heirs of Moses Des Lauriers, Respondents. DISTRICT COURT SECOND JUDICIAL DISTRICT Case Type: Other Civil—Quiet Title Court File No: C8-00-7228 CITY OF LAUDERDALE'S FIRST SET OF REQUEST FOR ADMISSIONS AND INTERROGATORIES TO VIRGINIA AND PAUL NOLAN TO: Virginia and Paul Nolan, individually and on behalf of the heirs of Moses Des Lauriers, and their attorney Edward A. Zimmerman, Esq., Business Lawyers, 201 West Travelers Trail, Suite 11, Burnsville, MN 55337 PLEASE TAKE NOTICE that pursuant to Rules 26, 33 and 36 of the Minnesota Rules of Civil Procedure along with Rule 210 of the General Rules of Practice, Defendant City of Lauderdale ("the City") hereby requests that Virginia and Paul Nolan (collectively referred to as "Respondents") provide answers under oath to each of the following admissions and interrogatories within thirty (30) days from the date of service hereof. EXHIBIT RAA -2660490 LA135-25 W In responding to this discovery, furnish such information as is available to you, however obtained, including hearsay and information known by, or in the possession of, any of your agents, including your attorney. If any interrogatory cannot be answered in full after exercising due diligence to secure the information, answer to the extent possible, specifying your inability to answer the remainder, stating whatever information and knowledge you have concerning the unanswered portion and detailing what you did in attempting to secure the unknown information. Objections to interrogatories shall state with particularity the grounds for the objection. These interrogatories are deemed to be continuing so as to require supplemental answers if additional information is obtained after the responses are served through the trial in this action. DEFINITIONS The following definitions shall apply in answering these Interrogatories: 1. 'Describe" means to specify in detail and to particularize the content of the answers to the questions and not just to state the reply in summary or outline fashion. 2. "Identify" when used in reference to a natural person shall mean to state: a. His/her full name; b. His/her present or last known residential address and phone number. C. His/her present or last known employer or business affiliation and title of position held. 3. "Document(s)" shall mean all writings, recordings, and graphic matter of any kind, including the originals and all non -identical copies, whether different from the originals by reason of any notations or changes made on such copies or otherwise, including without limitation correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, interoffice and intra - office communications, notations of any sort of conversations, telephone calls, meetings or other RAA -266049v1 2 LA135-25 communications, bulletins, printed matter, computer printouts, teletypes, telefax, invoices, worksheets, all drafts, alterations, modifications, changes and amendments of any of the foregoing, graphic or oral recordings or representations of any kind, (including, without limitation, photographs, charts, graphs, microfiche, microfilm, video tapes, recordings, motion pictures) and any electronic, mechanical or electric records or representations of any kind (including, without limitation, tapes, cassettes, discs, recordings, computer memories), or any other recorded information of any kind whatsoever, within the knowledge, possession, custody, control, or subject to the control of, or accessible to Respondents or their attorney. 4. "Identify" when used to refer to a document shall mean to state: a. If no date appears thereon, the answer shall so state and give the date or approximate date such document was prepared; b. The general nature or description of each such document, if not apparent on its face; C. The name of the person who signed such document, if not apparent on its face, and if not signed, the name of the person or persons who prepared it; and d. The general subject matter of such document if not apparent on its face. 5. "Gap Property" for purposes of these discovery requests refers to the two purported gaps as identified by yellow and green hatching on Tab B of the Objections to Registration Proceeding and Claims of Virginia and Paul Nolan, individually and on behalf of the heirs of Moses DesLaurien [sic]. If an objection is taken to any of the following interrogatories, or if an interrogatory is otherwise not answered in full, state the specific grounds therefor and respond to such interrogatory to the extent to which there is no objection. If a claim of privilege is asserted with respect to any information or documents requested, fully identify the information or documents for which such RAA -266044v 1 3 LA135-25 privilege is asserted, stating the grounds of such privilege (e.g., attorney-client privilege, work product, etc.) and the interrogatory number to which the information or documents withheld would be responsive. REQUEST FOR ADMISSIONS AND INTERROGATORIES Admission No. 1. The City has maintained open, actual, hostile, continuous and exclusive possession of the Gap Property in connection with its operation of a public park on the Gap Property since 1956. Interrogatory No. 1. If you deny or otherwise qualify your response to Admission No. 1: a) State with specificity all facts upon which you base your denial or qualification, including the dates and location of the property upon which the City did not maintain possession of the Gap Property. b) Identify each person who has or claims to have knowledge of the facts supporting your denial or qualification. C) Identify each document that supports, refers or relates to your denial or qualification. Admission No. 2. Neither Moses Des Lauriers nor any of his heirs ever intended to retain ownership of the Gap Property upon the transfer of any of the real property adjacent thereto. Interrogatory No. 2. If you deny or otherwise qualify your response to Admission No. 2: a) State with specificity all facts upon which you base your denial or qualification. b) Identify each person who has or claims to have knowledge of the facts supporting your denial or qualification. c) Identify each document that supports, refers or relates to your denial or qualification. Admission No. 3. Neither Moses Des Lauriers nor any of his heirs have ever evidenced any ownership interest in the Gap Property since 1951 Interro ag tors No. 3. If you deny or otherwise qualify your response to Admission No. 3: a) State with specificity all facts upon which you base your denial or qualification, including evidence of real estate taxes paid on the Gap Property, any documents devising the Gap Property to an heir or other party, any document identifying the RAA -2660490 LA135-25 4 11 ti Gap Property as an asset of Moses Des Lauriers or his heirs and any evidence of any use of the Gap Property by Moses Des Lauriers or his heirs since 1951. b) Identify each person who has or claims to have knowledge of the facts supporting your denial or qualification. c) Identify each document that supports, refers or relates to your denial or qualification. Interrogato1y No. 4. Identify all persons who have knowledge or information concerning the subject matter of this action, or concerning the allegations in Respondents' objection to the City's Petition, and for each such person identified, provide a summary of that person's knowledge or information. Interro ag tory No. 5. Identify all facts and/or documents which tend to establish your claim that Moses Des Lauriers and/or his heirs intended to retain ownership of the Gap Property after 1951. Interro ag tory No. 6. Identify all documents in your possession or the possession of your agent(s) that evidence the chain of title for the Gap Property from 1936 to the present. This interrogatory includes but is not limited to mortgages, deeds or any other documents that identify a party and their claimed interest in the Gap Property. Interrogatory No. 7. Do Respondents claim to possess an interest in all of the Gap Property, extending between Fulham Street and Pleasant Street, as identified in their written objections to the City's Petition? If not, specifically identify the portions of the Gap Property in which Respondents claim an ownership interest and also identify all facts and documents which distinguish the portion of the Gap Property in which they claim an interest to the portion of the Gap Property in which they do not claim an interest. Interrogatory No. 8. Identify all facts and documents which support your allegation that Respondents have obtained an ownership interest by adverse possession in the 32 -foot strip of land RAA -266049Y 1 LA135 25 5 W W previously held by the heirs of Regina Iungerich. In answering this interrogatory, specifically identify the location of the property adversely possessed, the nature and extent of your possession of the property and the specific dates of possession. Interrogatory No. 9: Identify all persons you have retained or expect .to call as an expert witness at trial. With respect to each person, describe: a) the qualifications and professional background of the expert; b) the subject matter on which the expert is expected to testify; c) the substance and grounds for each of facts and opinions to which the expert is expected to testify; d) a summary of the grounds for each opinion; e) the amount of the fee the expert will receive; and f) any reports prepared by the expert. Dated: August L, 2005 KENNEDY & GRAVEN, CHARTERED RAA -266049v I LA135-25 By: Robert . Alsop (#174324) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612)337-9300 ATTORNEYS FOR CITY OF LAUDERDALE n AFFIDAVIT OF SERVICE BY U.S. MAIL STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Michelle Hyatt of Minneapolis, Minnesota, being first duly sworn, deposes and says that on the 24th day of August, 2005, she served the: 1. City of Lauderdale's First Set of RequestforAdmissions and Interrogatories to Virginia and Paul Nolan; and 2. City of Lauderdale 's First Set of Request for Production of Documents to Virginia and Paul Nolan to Edward A. Zimmerman, Esq. Business Lawyers 201 West Travelers Trail, Suite 11 Burnsville, MN 55337 by placing a copy in an envelope addressed to the above address and depositing it in the United States Mail at Minneapolis, Minnesota. Michelle Hyatt Subscribed and sworn to before me this 24th day of August, 2005. 3:�4x' Notary ublic --------------- isCHERYL A. WILLEY NOTARY PUBLIC - MINNESOTA My cmuftm boll Jm. 81, 2010wepoft MoAfteftl RAA -267407v i LA135-25 STATE OF MINNESOTA COUNTY OF RAMSEY Rand Claussen, Barbara Claussen, Edward Salovich and Marilyn Salovich, Plaintiffs/Respondents, kv City of Lauderdale, Minnesota; Dennis Dolphin; Mary Dolphin; Jairo Moncada; Yolanda Rodriquez; Matthew Saumweber; Amy Stower; TCF Mortgage; Wells Fargo; WMC Mortgage; Farm and Home Savings Associates; and all heirs and assigns of prior owners and possessors of, and any and all other persons and parties, claiming any right title, estate, lien or other interest in , any of the real estate described in the Summons in this matter, Defendants, and Virginia and Paul Nolan, individually and on behalf of the heirs of Moses Des Lauriers, Respondents. DISTRICT COURT SECOND JUDICIAL DISTRICT Case Type: Other Civil—Quiet Title Court File No: C8-00-7228 CITY OF LAUDERDALE'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO VIRGINIA AND PAUL NOLAN TO: Virginia and Paul Nolan, individually and on behalf of the heirs of Moses Des Lauriers, and their attorney. Edward A. Zimmerman, Esq., Business Lawyers, 201 West Travelers Trail, Suite 11, Burnsville, MN 55337 PLEASE TAKE NOTICE that pursuant to Rules 26 and 34 of the Minnesota Rules of Civil Procedure, Rule 210 of the General Rules of Practice, and such other rules of procedure as may be applicable to discovery by request for production of documents, Defendant City of Lauderdale (the "City'), hereby requests that Respondents Virginia and Paul Nolan (collectively "Respondents")( RAA -266050v1 LA135-25 i produce and permit the City's attorneys to inspect and copy the following described documents in their offices at 470 U.S. Bank Plaza, 200 South Sixth Street, Minneapolis, Minnesota within thirty days after service of this request upon you, exclusive of the day of service, and continuing thereafter during the pendency of this action. Each document provided in response to this request should be identified according to the numbering of the requests below. This request for production of documents is continuing. If you become aware of other documents during the course of this matter which are responsive to the requests below, such documents must be made available to the undersigned. A. The term "document(s)" shall mean all writings, recordings, and graphic matter of any kind, including the originals and all non -identical copies, whether different from the originals by reason of any notations or changes made on such copies or otherwise, including without limitation correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, interoffice and intra -office communications, notations of any sort of conversations, telephone calls, meetings or other communications, bulletins, printed matter, computer printouts, teletypes, telefax, invoices, worksheets, all drafts, alterations, modifications, changes and amendments of any of the foregoing, graphic or oral recordings or representations of any kind, (including, without limitation, tapes, cassettes, discs, recordings, computer memories), or any other recorded information of any kind whatsoever, within the knowledge, possession, custody, control, or subject to the control of, or accessible to Respondents or their attorneys. RAA -266050v I LA135-25 B. "You" or "your" means Respondents, their agents and all persons otherwise acting on their behalf. PRIVILEGED DOCUMENTS 1. If any document requested below is claimed by you to be privileged, trial preparation materials, or otherwise non -discoverable, state for each document the specific grounds upon which the privilege, trial preparation claim, or other objection or reason rests and identify all such documents by specifying: A. The type of document (for example, letter, memorandum, photograph, etc.); B. The date the document was prepared; C. The title of the document; D. The person who prepared the document; E. The person to whom the document was originally sent, if appropriate; F. The present location of the document; G. The present location of all copies of the document; and H. The person or persons having possession, custody or control of the document and any copies of it. 2. If any document requested below has been destroyed or discarded, identify the document destroyed or discarded in the same manner of identification as requested above for documents you claim are not discoverable and explain when, how, and why the document ceased to exist. DOCUMENT REQUESTS Request No. 1: All documents identified, referred to, consulted or used in answering Defendant City of Lauderdale's Request for Admissions and Interrogatories (First Set) to Virginia and Paul Nolan. RAA -2660500 LA135-25 Request No. 2: All documents which relate to, support or are referenced in the Objections to Registration Proceeding and Claims of Virginia and Paul Nolan individually and on behalf of the heirs of Moses DeLaurien [sic]. This request includes all documents referenced in the aforementioned document but not provided to the City despite numerous requests by its counsel. Request No. 3: All documents, including correspondence, agreements, notes and/or e-mails, that Respondents have sent to or received from any of the plaintiffs identified in the caption herein. Request No. 4: All documents or other items which may be offered as exhibits in the trial of this lawsuit. If it is inconvenient to produce an item, a photograph, photocopy or detailed description of each such exhibit is demanded. The foregoing requests are deemed continuing and constitute a continuing request for supplemental or later received documents. Dated: August4 11 ", 2005 KENNEDY & GRAVEN, CHARTERED By: Robert A. Alsop (#174324) 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612)337-9300 ATTORNEYS FOR CITY OF LAUDERDALE RAA -2660500 LA135-25 3189 FERNBROOK LANE PLYMOUTH, MN 55447 telephone 763.577.0150 facsimile 763.577.0151 OF COUNSEL JEFFREY K. VEST GREGORY W DECKERT Mr. Robert Alsop Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Dear Mr. Alsop: HOWSE & THOMPSON, P.A. G. CRAIG HOWSE JEFFREY C. THOMPSON ATTORNEYS AT LAW MARJORIE J. PETERSON Providing counsel to individuals and businesses KOFI N. MONTZKA September 26, 2005 PARALEGAL BETH NORTHROP -DAY G6C��MC SEP 2 7X05 D By fcscimile transmittal and mail RE: City of Lauderdale/Nolan, et.al. Court File No.: C8-00-7228 Our File No.: J1765-01 Enclosed and served upon you by fax and U.S. Mail please find the Respondents' Answers to City of Lauderdale's First Set of Request for Admission and Interrogatories. As you know, I have just been retained on this case, and have not yet had sufficient opportunity to review the discovery with my clients and to prepare detailed responses. The Nolans' prior counsel, Ed Zimmerman apparently did not forward your discovery requests to the clients, so Mr. Nolan received your requests for the first time last week. At this point, the Respondents assert that they do have a legitimate claim on the subject property. I understand that the deadline for responding to the City's Request for Admissions is today, so we are serving the enclosed, so as to preclude any automatic admissions. It is hereby requested that you provide my office with additional time to review, consider and respond to the outstanding discovery, including the opportunity to more fully respond to your Requests for Admissions. I should be able to have responses to you in advance of the Rule 16 Hearing which has been scheduled in this matter. Please feel free to contact my office with any questions or concerns. JCT/cyl Enclosure cc: Paul Nolan 09/2612005, 15:32 7635770151 a STATE OF MINNESOTA COUNTY OF RAMSEY Rand Claussen, Barbara Claussen, Edward Salovich and Marilyn Salovich; Petitioner, Vs. City of Lauderdale, Minnesota; et.al., Defendants; and Virginia and Paul Nolan, individually, and on behalf of the heirs of Moses Des Lauriers; Respondents. HOWSE ANDTHOMPSON PAGE 03 DISTRICT COURT SECOND JUDICIAL DISTRICT Type of Case: Other Civil - Quiet Title Court File No.: C8-00-7228 RESPONDENTS' ANSWERS TO CITY OF LAUDERDALE'S FIRST SET OF REQUEST FOR ADMISSIONS AND INTERROGATORIES TO: DEFENDANT CITY OF LAUDERDALE, BY AND THROUGH ITS COUNSEL OF RECORD, ROBERT A. ALSOP, KENNEDY & GRAVEN, CHARTERED, 470 U.S. BANK PLAZA, 200 SOUTH SIXTH STREET, MINNEAPOLIS, MINNESOTA 55402: The following are the Responses of the Respondents, Virginia and Paul Nolan, individually and on behalf of the heirs of Moses Des Lauriers, to the City of Lauderdale's First Set of Request for Admissions: ADMISSION NO. 1: The City has maintained open, actual, hostile, continuous and exclusive possession of the Gap Property in connection with its operation of a public park on the Gap Property since 1956. ANSWER NO. 1: Respondents are unable to wholly admit or wholly deny this Request at this time. Discovery is continuing. ADMISSION NO. 2: Neither Moses Des Lauriers nor any of his heirs ever intended to retain ownership of the Gap �roperty upon the transfer of any of the real property adjacent thereto. ANSWER NO. 2: Respondents are unable to wholly admit or wholly deny this Request at this time. Discovery is continuing. 09/26/2005. 15:32 7635770151 HOWSE ANDTHOMPSON PAGE 04 ADMISSION NO. 3; Neither Moses Des Lau niers nor any of his heirs have ever evidenced any ownership interest in the Gap Property since 1951. ANSWER NO. 3: Respondents are unable to wholly admit or wholly deny this Request at this time. Discovery is continuing. Dated: , 2005 FOR THE RESPONDENTS: HOWSE & THOMPSON, P.A. C. om on (#225903) 1 F rnbr�5Z e North o 7 (7 77-0150ne) (763) 577-0151 Attorneys for Respondents, Virginia and Paul Nolan and others. 47v U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://w%v-w.kennedy-graven.com ROBERT A. ALSOP Attorney at Law Direct Dial (612) 337-9224 Email: ralsop@kennedy-graven.com September 28, 2005 Mr. Jeffrey C. Thompson Attorney at Law Howse & Thompson, P.A. 3189 Fernbrook Lane Plymouth, MN 55447 Re: Rand Claussen et al, vs City of Lauderdale, et al. Court File No. C8-00-7228 Dear Mr. Thompson: This letter confirms the receipt of your September 26, 2005, letter indicating your retention as counsel for the Nolans, as well as the Respondents' Answers to City of Lauderdale's First Set of Request for Admission and Interrogatories. After reviewing Respondents' Answers, we believe these responses to be inadequate under Rule 36 of the Minnesota Rules of Civil Procedure. Rule 36 prevents the answering parry from responding that a lack of information is the reason for a failure to admit or deny outright. The only circumstance where this type of answer is permitted is where a reasonable inquiry has been made and information produced by this inquiry is insufficient to enable to responding parry to admit or deny. Your responses do not appear to fit under this exception. For these reasons, we reserve our right to make a motion to the court to this effect. As for the remaining discovery, we expect to receive your complete response prior to the pre - hearing conference scheduled for October 12, 2005. KENNEDY & GRAVEN, CHARTERED Sincerely, obert A. Alsop RAA/mmh cc: Brian Bakken -Heck, City of Lauderdale�� MIM -268916v1 LA135-25 Kennedy Graven 47v U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://w%v-w.kennedy-graven.com ROBERT A. ALSOP Attorney at Law Direct Dial (612) 337-9224 Email: ralsop@kennedy-graven.com September 28, 2005 Mr. Jeffrey C. Thompson Attorney at Law Howse & Thompson, P.A. 3189 Fernbrook Lane Plymouth, MN 55447 Re: Rand Claussen et al, vs City of Lauderdale, et al. Court File No. C8-00-7228 Dear Mr. Thompson: This letter confirms the receipt of your September 26, 2005, letter indicating your retention as counsel for the Nolans, as well as the Respondents' Answers to City of Lauderdale's First Set of Request for Admission and Interrogatories. After reviewing Respondents' Answers, we believe these responses to be inadequate under Rule 36 of the Minnesota Rules of Civil Procedure. Rule 36 prevents the answering parry from responding that a lack of information is the reason for a failure to admit or deny outright. The only circumstance where this type of answer is permitted is where a reasonable inquiry has been made and information produced by this inquiry is insufficient to enable to responding parry to admit or deny. Your responses do not appear to fit under this exception. For these reasons, we reserve our right to make a motion to the court to this effect. As for the remaining discovery, we expect to receive your complete response prior to the pre - hearing conference scheduled for October 12, 2005. KENNEDY & GRAVEN, CHARTERED Sincerely, obert A. Alsop RAA/mmh cc: Brian Bakken -Heck, City of Lauderdale�� MIM -268916v1 LA135-25 3189 F6RNBROOK LANE PLYMOUTH, MN SS447 Wephone 763.577.0150 facsimile 763.577,0IS1 OF COUNSEL JEFFREY K, VEST GREGORY W, DECKERT Mr. Robert Alsop Kennedy & Graven, Chartered 470 U.S. Bank plaza 200 South Sixth Street Minneapolis, AN 55402 Dear Mr. Alsop: HOWSE & THOMPSON, P.A. ATTORNEYS AT LAW Providing coUbsel CO individuals and businesses October 7, 2005 By fcscimile transmittal only RE: City of Lauderdale/Nolan, et.al. Court File No.: C8-00-7228 Our pile No,: J1765-01 G. CRAIG HOWSE JEFFREY C. THOMPSON MARJOR19 J. PETERSON KOFI N, MONTZKA PARALEGAL BETH NORTHROP.DAy I am in receipt of your letter dated September 28, 2005. As indicated in my letter of September 26, 2005, and consistent with yourresponsive correspondence, Ihad hoped to have more complete discoveryresponses to you in advance of the Rule 16 Conference set for this coming Wednesday, October 12, 2005. Unfortunately, as I have still not received the client files from prior counsel, Ed Zimmerman, it will not be possible for discovery responses to be served next week. I apologize for any inconvenience this will cause. However, based upon the stage of the proceedings, this additional delay should not prejudice your clients. I will talk to you on Wednesday. JCT/cy1 cc: Paul Nolan EXHIBIT 470 U.S. Bank Plaza ' I 200 South Sixth Street • Minneapolis, MN 55402 CL (612) 337-9300 telephone Graven (612) 337-9310 fax C H A R T E R E D http://www.kennedy-graven.com ROBERT A. ALSOP Attorney at Law Direct Dial (612) 337-9224 Email: ralsop@kennedy-graven.com October 24, 2005 VIA FACSIMILE AND U.S. MAIL Jeffrey C. Thompson Attorney at Law Howse & Thompson, PA 3189 Fernbrook Lane Plymouth, MN 55447 Re: Rand Claussen et al. vs. City of Lauderdale Court File No.: C8-00-7228 Dear Mr. Thompson It has been almost two months since our office served discovery requests on your clients, Paul and Virginia Nolan. During our last conversation with respect to this issue, you promised to talk to your clients and provide me with a date on which you intended to serve responses to the City's discovery requests on behalf of the Nolans. As of today, you have not provided me with such a date, and I do not understand how your delay can be attributed exclusively to Mr. Zimmerman. I am assuming that the Nolans have some information which supports their purported claim in the City's park property. Please be advised that I will be scheduling a motion to compel discovery in this matter unless the Nolans provide substantive responses to the City's discovery requests by October 28, 2005. I think the City has been very accommodating up to this point, and I would appreciate your prompt attention to this matter. Sincerely, KENNEDY & GRAVEN, CHARTERED Robert A. Alsop RAA cc: Brian Bakken -Heck, City of Lauderdale RAA -270123v i LA135-25 3189 FERNEROOK LANE HOWSE & THOMPSONP.A . PLYMOUTH, MN 55447 telephone 763.577.01S0 ATTORNEYS AT LAW facsimile 763,577.0151 Providing counsel to individuals and businesses OF COUNSEL JSFFREY K, VEST CREGORY W. DECKERT October 28, 2005 Mr. Robert Alsop Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, IN $5402 By fescimile transmittal only RE: City of Lauderdale/Nolan, et.al. Court File No.; C8-00-7228 Our File No.: Y1765-01 Dear Mr. Alsop: G. CRAIG NOWISE JEPFREY C. THOMPSON MARJORIE J. PETERSON KOPI N. MONTZKA PARALEGAL BSTH NORTHROP -DAY I am in receipt of your letter of October 24, 2005. I did meet with Paul Nolan this week and he is in the process of providing additional documents to me. I should have discovery responses to you by the end of next week. If that will not be acceptable, please contact me. JCT/cyl cc: Paul Nolan STATE OF MINNESOTA COUNTY OF RAMSEY Rand Claussen, Barbara Claussen, Edward Salovich and Marilyn Salovich, Plaintiffs/Respondents, 0 City of Lauderdale, Minnesota; et al. Defendants, and Virginia and Paul Nolan, individually and on behalf of the heirs of Moses Des Lauriers, Respondents. DISTRICT COURT SECOND JUDICIAL DISTRICT Case Type: Other Civil—Quiet Title Court File No: C8-00-7228 (Judge Steven Wheeler) PROPOSED ORDER This matter came on for hearing before the Honorable Steven Wheeler on December 19, 2005, at 10:00 a.m. on a Motion to Compel Discovery by Petitioner City of Lauderdale ("the City"). Robert A. Alsop appeared on behalf of the City; Jeff Thompson appeared on behalf of Virginia and Paul Nolan, individually and on behalf of the heirs of Moses Des Lauriers ("Respondents") Based upon the files, records, pleadings, memoranda, affidavits, and arguments of counsel, IT IS HEREBY ORDERED that: 1. The City's Motion to Compel Discovery is granted in its entirety. 2. The City's requests for admissions from Respondents shall be deemed to be admitted for purposes of this proceeding based on Respondents' failure to appropriately respond to the City's requests for admissions. RAA-271788vl LA135-25 Respondents shall provide full and complete responses to the City's outstanding discovery requests on or before January _, 2006. If Respondents fail to provide appropriate responses to the City's discovery requests by the foregoing date, all objections raised by Respondents to the City's Petition shall be waived and/or stricken from this matter. 4. The City is awarded its costs and expenses in bringing this motion, including reasonable attorneys fees, pursuant to Minn. R. Civ. P. 37.01(d)(1). The City shall submit an affidavit of costs and fees to this Court by January _, 2006. Dated: , 2005. Steven D. Wheeler Judge of District Court RAA -271352v1 2 LA135-25 AFFIDAVIT OF SERVICE BY FACSIMILE AND U.S. MAIL Our File No. LA135-25 Court File No. C8-00-7228 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) MICHELLE HYATT, after being first duly sworn, deposes and says that on the 2nd day of December, 2005, she served the following documents: • City of Lauderdale's Memorandum in Support of Motion to Compel Discovery; • Affidavit of Robert A. Alsop with exhibits; • Proposed Order; upon: Mr. Jeffrey C. Thompson Attorney at Law Howse & Thompson, P.A. 3189 Fernbrook Lane Plymouth, MN 55447 by placing a copy in an envelope addressed to the above address and depositing it in the United States Mail at Minneapolis, Minnesota; and sending the same via facsimile to 763-577-0151. MICHELLE HYATT SUBSCRIBED AND SWORN to before me this 2nd day of December, 2005. vx� K2-zegs—� Notary Public GRACE A. KOEBNICK NOTARY PUBLIC • MINNESOTA 14 P ,040 My COmmission Expires Jan. 31, 2010 RAA -271875v 1 LA135-25 CORE VALUES INCORPORATED Dedicated to Viable Older- Suburbs 2703 BROOKRIDGE AVENUE NORTH CRYSTAL MN 55422 December 1, 2005 Brian Bakken -Heck City of Lauderdale 1891 Walnut Street Lauderdale, MN 55113 Dear Brian Bakken -Heck: Core Values Incorporated will be officially incorporated within the next few weeks. I am serving as its interim executive director, and Pete Meintsma, the former and highly acclaimed mayor of Crystal, has agreed to serve on our interim board. However, to put our coalition into action, we need additional people representing a broader cross-section of Metro geography as well as a few people with experience in organizational development, state level advocacy, and regional equity issues. The primary requirement is a deep concern about the future and importance of our older suburbs. The purposes of this letter are to introduce you to Core Values and to inquire about elected or appointed officials or other professionals in your city who might have the right mix of talents and interests to serve on our interim board and help guide these groundbreaking efforts. The time commitment might be three or four meetings over the next several months. It is a worthy cause. By the way, the first order of business of the interim board might be to change the name of the coalition to something that suits them better. The enclosures to this letter include Core Value's proposed bylaws (first draft), the summary of a paper entitled "Minnesota Miracle or Mirage" (which includes my resume), and a PowerPoint presentation. To view the PowerPont slide show, insert the disc into your computer, wait a few seconds or a minute for it to load, and sit back and watch the tale of our older suburbs unfold. It features eye-popping charts, telling pictures, and — I think — some compelling commentary. (When you open the PowerPoint CD in your computer, do not "update links" if that question pops up.) The missions of Core Values Incorporated are to: • Create a working coalition of older and in -lying suburban communities. • Promote the development and redevelopment of viable communities in the in - lying and older suburbs of the Twin Cities metropolitan Area. • Provide education and advocacy for inclusive communities, environmentally sound development, balanced transportation systems, and equitable economic growth throughout the Twin Cities Metropolitan Area. (763) 591-1648 (HOME & OFFICE) ♦ (763)442-1662 (MOBILE) ♦ GUYMUELLER@COMCAST.NET • Support progressive government, fair taxes, and equitable user fees that reasonably address disparities between communities and efficiently strengthen the Metropolitan area as a whole. • Restore Local Government Aid and ensure equitable distributions of LGA funds. • Reform and strengthen the Fiscal Disparities program. • Preserve reasonable uses and advocate for sensible reforms of redevelopment tools (eminent domain and tax increment financing). I look forward to a long and productive working relationship. Now is the time to take a stand in protecting the legitimate interests of the core suburbs of the Twin Cities. rPDirector uyInt (763) 591-1648 (HOME & OFFICE) ♦ (763)442-1662 (MOBILE) ♦ GUYMUELLER@COMCAST.NET Minnesota Miracle or Mirage? Summary © November, 2005 Cornerstones of the In 1971, our State's leaders, mostly of the Greatest Generation, Minnesota Miracle brought forth the Minnesota Miracle. The two cornerstones of our Minnesota Miracle Miracle are the Minnesota Fiscal Disparities Act and the Local The two cornerstones of the Government Aid (LGA) program. The nationally acclaimed Fiscal 1971 "Minnesota Miracle" Disparities Act shares a portion of the growth in the region's were the Fiscal Disparities business tax base among all cities in the seven -county area. LGA Act and LGA. distributes State revenues to municipalities based on need criteria sensible development, and with the intent of helping cities provide reasonable levels of mitigate tax base inequities. service at reasonable property tax burdens. Missions of the The Fiscal Disparities and LGA programs work in tandem and embrace several key missions: Minnesota Miracle • deterring counterproductive rivalries between distorted development, and municipalities over new business development; Together, these programs • encouraging sensible development where land use help deter wasteful rivalries decisions reflect legitimate economic and environmental between cities, encourage considerations rather than subsidized "deals"; and sensible development, and • mitigating tax base inequalities among the jurisdictions mitigate tax base inequities. that comprise the Twin Cities metropolitan area. Current Realities Now that 34 years have passed, we face a new set of metropolitan realities. Changing land use patterns and revisions in our property Growing disparities, tax system are undermining the effectiveness of the Fiscal distorted development, and Disparities Act. LGA, for its part, languishes under the duress of unequal sharing of State budgetary shortfalls. budgetary burdens ... The current realities are: our Miracle is ailing. • persistent and growing fiscal disparities among Twin Cities' municipalities; • distorted development patterns; and • unequal sharing of budgetary burdens. Recent Shifts in Tax Families in affluent suburbs, with respect to recent changes in Benefits and Burdens property taxes, income taxes, license tabs, etc. have fared well. Compression Results in The Minnesota Department of Revenue's non-partisan 2005 Tax Reduced Fiscal Incidence Study shows that State and local taxes and fees in Residents of affluent suburbs aggregate comprised about 12 percent of income for most have fared well, households in the early 1990's, roughly a flat tax in the manner of Biblical tithing. The incidence of State and Local taxes has now shifted to favor the wealthy. By 2002, the highest income households paid combined State and local rates that were 15 percent less than middle income groups, a regressive trend which is expected to intensify through 2007. Families in inner ring Meanwhile, middle and moderate income families in the older suburbs have seen cuts in suburbs have been battered by successive reductions in their cities' LGA to their cities and Local Government Aid (LGA) and by declines in those portions of declines in Fiscal their cities' tax capacities that come from Fiscal Disparities Disparities support. transfers. Older Suburbs Take the Both the formulas by which LGA is paid and the political climate Brunt of LGA Cuts in which the program exists have become volatile. Declines in LGA have severely impacted the older suburbs. Their cuts have Cuts in LGA to the older been far deeper than those experienced by other metropolitan suburbs have been much cities, including Minneapolis. From 2002 to 2005, the cumulative deeper than other reductions in LGA to Minneapolis were o 13% ($38 per capita). For metropolitan cities. the inner ring suburbs, the cuts were 53% ($56 per capita). For example, the Fiscal Disparities portion of Crystal's taxable capacity declined by over a third from 2001 to 2002, from $3.7 to $2.2 million. Instead of 30% of Crystal's taxable capacity, Fiscal Disparities now comprise 20%. When it comes to leveling the playing field by equalizing the tax efforts required to put cops on the street, provide recreation for kids, and run city hall, the Fiscal Disparities program is slipping. Housing: The Missing Because the Fiscal Disparities program shares the business tax Component of the base, only, exclusively residential cities benefit disproportionately. In a perversion of the Fiscal Disparities Act, some affluent Fiscal Disparities bedroom communities, such as, Minnetrista, Deephaven, Grant, Program and Andover, gain more from the shared tax base than they contribute. 2 The compression (equalization) of property tax classes in 2001 Property Tax lowered the class rates applicable to commercial and industrial Compression Results in properties. These lower class rates yield fewer dollars for the Reduced Fiscal Fiscal Disparities program which traditionally has provided Disparities Help significant budgetary relief to the inner ring suburbs. For example, the Fiscal Disparities portion of Crystal's taxable capacity declined by over a third from 2001 to 2002, from $3.7 to $2.2 million. Instead of 30% of Crystal's taxable capacity, Fiscal Disparities now comprise 20%. When it comes to leveling the playing field by equalizing the tax efforts required to put cops on the street, provide recreation for kids, and run city hall, the Fiscal Disparities program is slipping. Housing: The Missing Because the Fiscal Disparities program shares the business tax Component of the base, only, exclusively residential cities benefit disproportionately. In a perversion of the Fiscal Disparities Act, some affluent Fiscal Disparities bedroom communities, such as, Minnetrista, Deephaven, Grant, Program and Andover, gain more from the shared tax base than they contribute. 2 The business bias of the Overall, the 1971 Fiscal Disparities program unintentionally Fiscal Disparities program favors scattered, low density residential growth on the rural favors bedroom suburbs and fringes. In a recent study, the Citizens League determined that the transfers tax capacity from Fiscal Disparities program annually transfers millions of dollars in the urban core to the rural tax capacity to the non-agricultural rural areas of the seven -county fringes. metropolitan area. This means that the hobby farmers and owners of equestrian estates in exurbia are being subsidized by the residents of the urban core. Fiscal incentives to convert Extending infrastructure like roads and sewers to houses on five - open space and farm fields and ten -acre lots is grossly inefficient. Lengthier commutes also into residential sprawl are increase pollution and push our traffic congestion toward gridlock. indefensible. It's a pattern of development that contradicts the Met Council's Frameworkfor Development. It's a pattern of development which, when subsidized by taxpayers, defies logic and morality. Inner Ring Suburbs: The Twin Cities is a competitive environment, but the fiscal and More Tax Effort, Less regulatory cards are stacked against the older suburbs. Compared to upscale suburbs, inner ring communities tax themselves at Tax Revenue nearly three times the tax rate to produce the same amount of revenue per capita even after the receipt of Fiscal Disparities and Inner ring communities tax LGA transfers. They also tax themselves at higher rates than the themselves at nearly three central cities of Minneapolis and St. Paul to produce the same times the tax rate to produce revenue per capita. People of means who are economically the same revenue per capita, motivated often choose to leave, fleeing to the urban fringe. The Social, Economic, and Moral Consequences of a Divided Region Social and economic segregation erodes our competitive distinction as a leading metropolitan area. A divided metropolitan community, one struggling and the other prosperous, raises questions about our morality. Disparities in the Twin Cities are being defined and reinforced by municipal boundaries. Family incomes, student eligibility for free school lunch, and other indicators point to challenging socio- economic conditions in the in -lying suburbs. As older suburbs struggle to retain residents and attract new investment, affluent suburbs shelter themselves from the urban core's problems and preserve their exclusivity through restrictive zoning and building codes. A socially and economically segregated metropolitan community does not bode well for our collective future. An abscess in one part of the body bring downs the whole. From a practical standpoint, it's a pattern of development that erodes our distinction as a leading major metropolitan area. Ultimately, it will undermine our ability to retain and attract new jobs. It's a pattern of development that turns the Minnesota Miracle into a mirage. The Minnesota Miracle of 1971 distinguished the Twin Cities area and set us apart from places like Chicago and Detroit. But the 3 Reforms Twin Cities isn't the same kind of place it was 34 years ago. Prudent -stewardship of the Greatest Generation's legacy requires Restore and equitably that we respond to changing times. Four reforms are needed: distribute LGA. * Restore and equitably distribute LGA. • Add high bracket housing (for example, 1.5 x the Add high bracket housing to metropolitan median) to the Fiscal Disparities shared tax the Fiscal Disparities base or shared tax base or cap FD • Cap Fiscal Disparities distributions to wealthy cities. distributions to affluent • Create dual Fiscal Disparities programs, one for inside the communities. Metropolitan Urban Service Area and one for the rural areas of the seven -county area, or prevent net transfers Prevent net transfers of tax between these areas through equivalent reforms. base capacity from • Better advocacy on behalf of inner ring and older suburbs urbanized areas to rural residential (non-ag) areas. The Fiscal Disparities reforms do not increase taxes at an aggregate level. Most importantly, they will distribute a small Better advocacy on behalf of portion of the region's property tax revenues in a manner that is inner ring and older more equitable as well as more effective in fostering sensible suburbs. regional development. About the Author: Guy Mueller lives on a tree lined street in the inner ring suburb of Crystal, Minnesota where he serves on the City's Park and Recreation Commission. Mueller is the former owner of Mueller Sales Corp., an industrial distribution company where he served as CEO and Sales Manager. He sold his company in 1999 and then resigned in May of 2004 after 25 years of company leadership. Prior to his private sector experience, Mueller worked for six years as the Chief Planner for Joliet, IL, a satellite city of Chicago which, at the time, was facing challenges of both inner city decline and fringe area growth. Mueller graduated with distinction and honors from Iowa State University where he earned a BS degree in Urban Planning. He also holds a Master of Public Administration Degree from the University of Pennsylvania Wharton Graduate School where he was a HUD fellow. Post graduate education has included coursework at the University of Chicago MBA program and the University of Minnesota (IT Physics and Mathematics). Mueller is an elder at Westminster Presbyterian Church in downtown Minneapolis. He and his wife, Marsha, have two adult daughters. 0 Values. BYLAWS OF CORE VALUES Incorporated ARTICLE I NAME OF ORGANIZATION The Name of this organization is Core Values Incorporated. Hereinafter it shall be known as Core ARTICLE II PURPOSE Core Values purposes are to: 1. Create a working coalition of older and in -lying suburban communities. 2. Promote the development and redevelopment of viable communities in the in -lying and older suburbs of the Twin Cities Metropolitan Area. 3. Provide education and advocacy for inclusive communities, environmentally sound development, balanced transportation systems, and equitable economic growth throughout the Twin Cities Metropolitan Area. 4. Support progressive government and fair taxes that reasonably address disparities between communities and strengthen the Metropolitan Area as a whole. ARTICLE III LOCATION The principal office of Core Values, at which the general business of the organization will be transacted and where the records of the organization will be kept, shall be at such location in the metropolitan area of Minneapolis - St. Paul, State of Minnesota, as may be fixed from time to time by the Board of Directors of Core Values. ARTICLE IV MEMBERSHIP AND VOTING DELEGATES Section 1. Eligibility for membership. Application for voting membership shall be open to any municipality in the Twin Cities Metropolitan Area subject to approval by a majority vote of the Board of Directors. Membership is granted after completion and receipt of a membership application and annual dues. Each municpal Member shall have a single voting Delegate who who is appointed by the mayor of the member municipality. The voting Delegate may be the mayor. Section 2. Annual Dues. The amount required for annual dues shall be one thousand dollars ($1,000.00) prior to the first annual meeting of the full membership at which time a new board shall be elected. The new board, as defined in "Article VI — Board of Directors," shall prepare a budget for the corporation next fiscal year plus the months, if any, preceding the commencement of the first fiscal year. The dues payable by each member municipality shall be equal to the corporation's total budget for this period multiplied by the member municipality's percentage share of the total population of all members based on the most recent census figures available. For members joining the coalition during a fiscal year, during the second or subsequent years of operation, the dues required for that year shall be prorated on the basis of population as above except that the dues payable shall be reduced by twenty (25) percent for members joining in the second quarter, by fifty (50) percent for members joining in the third quarter, and by seventy-five (75) percent for members joining in the fourth quarter of the year. Any dues advanced by members to the corporation prior to the first annual meeting, shall be carried forward as liabilities to the corporation and credits to the(se) member(s) and then used to offset the dues owed by the(se) member(s) during the future year(s). Section 2. Rights of Members. Each member municipality's voting representative or delegate shall cast the member's votes in coalition elections. Votes shall be allocated in proportion to the each member city's share of the total population in the same manner that annual dues are determined. Section 3. Resignation and termination. Any member may resign by filing a written resignation with the secretary. Resignation shall not relieve a member of unpaid dues, or other charges previously accrued. A member can have their membership terminated by a majority vote of the membership. Section 4. Non-voting membership. The Board of Directors shall have the authority to establish and define non-voting categories of membership. ARTICLE V MEETINGS OF MEMBERS Section 1. Regular Membership Meetings. Regular meetings of the members' delegates shall be held not less than annually at a time and place designated by the Board of Directors. For purposes of these bylaws, the terms voting representative and delegate are identical in meaning. Section 2. Annual Membership Meeting. An annual meeting of the members' delegates shall take place, the specific date, time, and location of which shall be designated by the Board of Directors. At the annual membership meeting the delegates shall elect directors as may be required to fill expected vacancies, receive reports on activities of the coalition, and determine the direction of the coalition for the coming year. Section 3. Special Meetings. A special membership meeting may be called by the Chair or a simple majority of the Board of Directors of record. A petition signed by thirty (30) percent of the members acting through their delegates may also call a special membership meeting. Section 4. Notice of Meetings. Printed notice of each meeting shall be given to each member's voting representative, by mail or electronic conveyance, not less than two weeks prior to the meeting. Section 5. Quorum. At all membership meetings, a majority of the delegates of record shall constitute a quorum for the transaction of all authorized business. Where the computation results in a fractional number, it shall be rounded upward to the next whole number. The acts of the majority of the delegates present at a meeting at which a quorum exists shall be the acts of the entire membership, except where a larger number is required by law or these by-laws. Section 6. Voting. All issues to be voted on shall be decided by a simple majority of those delegates in attendance that comprise a quorum, one vote per delegate. Any member delegate present who objects to a specific vote may call for a second and final vote on tht issue in which case the votes cast shall be equal to the proportional number of votes allocated to each member on the basis of population. 2 ARTICLE VI BOARD OF DIRECTORS Section 1. Number and Qualifications. The Board of Directors of Core Values shall be composed of not less than five (5) individuals who are either Core Values voting representatives of member cities or directors of the original Interim Board of Directors. They should also be broadly representative of Core Values membership base and interests and possess applicable professional experience and knowledge. Section 2. Governing_ Powers. The Board of Directors shall have all the powers and duties necessary or appropriate for the overall direction of Core Values. They may engage in such acts and do such things as are not prohibited by a law or these by-laws. Section 3. Election and Term of Service. Directors shall be elected at the annual meeting of member delgates for a term of three (3) years. There shall be no limit on the total number of terms a director may serve, but a director may not serve more than three (3) terms in succession. An election to fill an unexpired term shall not be so counted. The Directors shall hold office until their successors have been elected and qualified. Unless elected to fill a vacancy, the term of office of a Director shall commence on January 1 following the respective election by the members' delegates. Section 4. Vacancies. Vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote of the membership shall be filled by a vote of the majority of the remaining Directors. Each person so elected shall be a Director until that person or a successor is elected by the members at the next annual meeting. Section 5. Removal of Directors. a. At any annual or duly called special meeting of the membership, any one or more of the Directors maybe removed without cause by a vote of the majority of the entire voting delegates of record. A succeeding Director may then and there be elected to fill the vacancy thus created. Any director whose removal has been proposed shall be given at least thirty (30) days notice of the intent to take such action and an opportunity to be heard at this meeting. b. After two unexcused absences, a director will automatically be removed from the Board. Upon affirmative recommendation of the three fourths (3/4) or more of the other directors, with frational numbers being rounded up to the next whole number, such director may be reinstated. Section 6. Compensation. No compensation shall be paid to directors for their services to Core Values. Directors may be reimbursed for actual expenses incurred by them in the performance of special duties. Section 7. Annual Membership Meetings - Purposes. The Annual Membership Meeting shall be held for the purpose of electing the Board of Directors (when Board vacaniecies are expected in the upcoming year), amending bylaws and articles of incorporation as needed, and the consideration of any other business that may be properly brought before it. The time and place of this annual meeting of the Membership shall be conveyed to each member representative at least fifteen (15) working days in advance of the meeting. Section 8. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the Directors. The Board of Directors shall meet at least four (4) times each year, approximately quarterly. Section 9. Special Meetings. Special meetings of the Board of Directors may be called by the Chair of the Board of Directors upon at least five (5) working days notice to each Director. This notice shall be given personally 3 or by mail or telephone and followed up by electronic conveyance where available. The notice shall state the place, time and the purpose of the meeting. The Secretary of Core Values in like manner and in like notice shall call a special meeting upon the written request of at least three Directors. Section 10. Quorum. At all meetings of the Board of Directors, a majority of the Directors of record shall constitute a quorum for the transaction of all authorized business. Where the computation results in a fractional number, it shall be rounded upward to the next whole number. The acts of the majority of the Directors present at a meeting at which a quorum exists shall be the acts of the Board of directors, except where a larger number is required by law or these by-laws. Section 11. Proxies. No voting by proxy shall be permitted in the meetings of the Board of Directors of Core Values. Section 12. Robert's Rules of Order will be the authority for all questions and procedures at any meetings of Core Values. ARTICLE VII OFFICERS Section 1. Designation. Principal Officers of Core Values shall be a Chair, a Vice -Chair, a Treasurer, and a Secretary. At the discretion of the Board of Directors, other Officers may be elected with duties that the Board of Directors shall prescribe. Section 2. Election of Officers. During the Board of Directors' meeting immediately following and which must be within the same calendar year as the annual membership meeting, the Board of Directors shall elect Core Values's officers. Any person nominated to an officer position must also be a director -elect for the next calendar year, having been duly elected to the Board of Directors for the coming calendar -year. Unless sooner removed by the directors by majority vote of the directors, the Officers shall serve for a term of two (2) years or for the remaining period of their term as a member of of the Board of Directors, whichever is less, or until their successors are elected. A vacancy in any office may be filled by a majority vote of the Board of Directors for the unexpired portion of the term. The Board of Directors shall also have the authority to appoint such temporary or acting Officers as may be necessary during the temporary absence or disability of the regular officers. Section 3. Removal. At any regular or duly called special meeting of the Board of Directors, any one or more of the Officers may be removed without cause by a vote of the majority of the directors of record. A successive Officer may then and there be elected to fill the vacancy thus created. Any officer whose removal has been proposed shall be given at least thirty (30) days notice of the intent to take such action and an opportunity to be heard at this meeting. Section 4. Chair. The Chair shall be the principal officer of the corporation. Subject to the direction and control of the Board, the Chair shall see that the resolutions and directives of the Board are carried into effect, and, in general, shall discharge all duties incident to the office of Chair and as prescribed by the Board. The Chair shall preside at all meetings of the Board of Directors and at all meetings of the membership, except in those instances in which the authority to execute is expressly delegated to another officer or agent of the corporation. The Chair may execute for the corporation all contracts, deeds, conveyances, mortgages, bonds, and other instruments in writing that may be required or authorized by the Board of Directors. The Chair shall appoint members to stand committees, establish and appoint members to other committees. The Chair will be a voting ex -officio member of all Board committees except the Nominating Committee. Section 5. Vice Chair. It will be the duty of the Vice Chair to act in the absence or disability of the Chair and to perform such duties as may be assigned to him or her by the Chair. Section 6. Secretary. The Secretary of Core Values shall be responsible for keeping the organization's records. He or she shall keep (or cause to be kept) the minutes of all meetings of the Board of Directors, of the membership, and of the Executive Committee. The Secretary shall give or cause to be given all notices of the meetings of the Board of Directors and other notices required by law or by these by-laws. The Secretary shall be responsible for the keeping of all books, correspondence, committee minutes and papers relating to the business of Core Values, except those of the Treasurer. Section 7. Treasurer. The Treasurer shall be responsible for preparation of the proposed annual budget and shall keep (or cause to be kept) records belonging to Core Values. The Treasurer will present to the Membership and to the Board of Directors at their respective annual meetings a report of the finances of Core Values and will from time to time make such other reports to the Board of Directors as it may require. The Treasurer shall Chair the meetings of the Finance Committee. Section 8. Any officer of Core Values, in addition to powers conferred on him or her by these by-laws, will have such additional powers and perform such additional duties as may be prescribed from time to time by the Board of Directors. ARTICLE VIII COMMITTEES Section 1. Authority. The Board of Directors may act by and through such committees as may specified in resolutions adopted by a majority of the members of the Board of Directors. Each such committee shall have such duties and responsibilities as are granted to it from time to time by the Board of Directors. Each such committee shall at all times be subject to the control and direction of the Board of Directors. Committee members need not be directors. Section 2. Meetings. Meetings of the individual committees may be held at such time and place as may be determined by a majority of the committee, by the Chair, or by the Board of Directors. Notice of meetings shall be given to the committee's members at least five (5) working days in advance of the meeting unless all members agree to a shorter notification. A majority of the committee's membership shall constitute a quorum. ARTICLE IX FISCAL MANAGEMENT Section 1. Fiscal Year. The fiscal year of Core Values shall begin on the first day of January in each year. Section 2. Books and Accounts. Books and accounts of Core Values shall be kept under the direction of the Treasurer of Core Values. Section 3. Execution of Core Values 's Documents. The Board of Directors may authorize any Officer or Officer's agent or agents to enter into any contract or to execute and deliver any instrument in the name of and on behalf of Core Values. Such authority may be general or confined to specific instances. These authorizations are in addition to those authorized by these by-laws. 5 Section 4. Loans. No loans shall be contracted on behalf of Core Values nor evidences of indebtedness shall be issued in its name unless authorized by resolution of the Board of Directors. Such authority shall be general or confined to specific instances. Section 5. Deposits. All funds of Core Values not otherwise employed shall be deposited from time to time to the credit of Core Values in such bank or banks or other depositories as the Board of Directors may elect. Section 6. Conflict of Interest. The Board shall not enter into any contract or transaction with (a) one or more of its directors, (b) a director of a related organization or (c) an organization in or of which a director of Core Values is a director, officer or legal representative, or in some other way has a material financial interest unless: 1) That interest is disclosed or known to the Board of Directors, 2) The Board approves, authorizes or ratifies the action in good faith, 3) The approval is by a majority of directors (not counting the interested director), 4) At a meeting where a quorum is present (not counting the interested director). The interested director may be present for discussion to answer questions, but may not advocate for the action to be taken and must leave the room while a vote is taken. The minutes of all actions taken on such matters shall clearly reflect that these requirements have been met. Section 7. Checks, Drafts, Etc. All checks, drafts and other orders for payment of funds will be signed by such Officers or such other persons as the Board of Directors shall designate in its approved financial policies. Section 8. Indemnity. Core Values shall indemnify and hold harmless any Director, Officer, or employee from any suit, damage, claim, judgement or liability arising out of, or asserted to arise out of conduct of such person in his or her capacity as a Director, Officer, or employee except in cases involving willful misconduct. Indemnification provided under this section shall comply with and follow the requirements as provided by statute. Core Values shall have the power to purchase or procure insurance for such purposes. Section 9. Examination by Directors. Every director of Core Values shall have a right to examine, in person or by agent or attorney, at any reasonable time or times, and at the place or places where usually kept, all books and records of Core Values and make extracts or copies therefrom. ARTICLE X EXECUTIVE DIRECTOR Section 1. Desi nag tion. The Board of Directors may select and employ an Executive Director. Section 2. Duties. The Executive Director shall be the chief executive officer of the corporation. As such, the chief executive officer shall be responsible for providing professional advice and assistance to the Board of Directors and shall administer the work delegated to the staff; shall hire and release staff members; and shall have such other powers to perform other duties as may be assigned by the Board of Directors. Section 3. Other Staff. The Executive Director may hire and discharge such employed staff as may be necessary to support the organization. The employed staff shall report directly to and be accountable to the Executive Director or his or her designates. Section 4. Checks Drafts, Petty Cash Fund. The Executive Director may be authorized to provide one of the signatures on checks, drafts, or other orders of payment of funds for Core Values. He or she may also be authorized to administer a Petty Cash Fund, the size of which will be designated by the Board of Directors. A ARTICLE XI MISCELLANEOUS Section 1. Amendments. The membership shall have the power to amend the Articles of Incorporation and these Bylaws. Subject to restrictions imposed by statute, the members' delegates may amend the articles and bylaws by adopting a resolution setting forth the amendment, providing written notice of the proposed amendments at least 15 calendar days prior to a duly called meeting. Such amendment shall require an affirmative vote of a majority of the all the members' delegates of record at a duly constituted meeting. CERTIIFICATION These bylaws were approved at a meeting of the board of directors by a three-fifths marjority bote on 200 . Secretary Date 7