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HomeMy WebLinkAboutCC MINUTES 062620121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES JUNE 26, 2012 CALL TO ORDER. Mayor Faust called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance . ROLLCALL. Present: Mayor Faust; Councilmembers Gray, Jenson, Roth , and Stille. None. Absent: Also Present : City Manager Mark Casey, City Engineer Todd Hubmer, Finance Director Shelly Rueckert. Guests: John Bilotta (University of Minnesota), Peggy Moeller (HLB Tautges Redpath , Ltd.), Stacie Kvilvang (Ehlers & Associates), and Don Jensen (Planning Commissioner). CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. APPROVAL OF JUNE 26, 2012, CITY COUNCIL MEETING AGENDA. Motion by Co uncilmember Gray , seconded by Councilmember Jenson, to approve the City Council Meeting Agenda of June 26,2012. Motion carried unanimously. I. PROCLAMATIONS AND RECOGNITIONS. A. A View from the Big River. Mayor Faust introduced John Bilotta from the University of Minnesota. Mr. Bilotta stated he is working on a project called NEMO (Nonpoint Education for Municipal Officials) that provides communities with knowledge and research and invited the City Council to attend "A View from the Big River" on July 31 st from 4 :3 0 to 8:30 p.m. aboard the Minneapoli s Queen paddleboat. He explained the program provides an opportun ity to look at water and land use from a different perspective and the program is intended to provide local leaders with more knowledge, skills , and resources to make informed decisions on land use and its impact on water resources. He stated the program goals include maintaining clean water, improving water resources, and minimizing impact on water re so urces. He encouraged the City Council to invite a Planning Commission member, City s taff member, or other civic leader that would benefit from the program . I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes June 26, 2012 Page 2 II. CONSENT AGENDA. A. Consider June 12.2012. Council meeting minutes: B. Consider licenses and permits: C. Consider payment of claims; D. Consider Resolution 12-056: Approval of Election Judges for the Primary Elections on August 14. 2012: E. Consider Resolution 12-057; Confirming the Extension of Limited Clean Up and Property Damage Protection for Sewer Back-Ups and Water Main Breaks for Water and Sewer Customers ; F. Consider Resolution 12-058; Regarding Renewal of Municipal Insurance Coverage and the Waiver of Tort Liability for the League of Minnesota Cities Insurance Program; G. Consider Resolution 12-059; Approving the 2012-2015 Hennepin County Residential Recycling SCORE Grant Agreement; H. Con s ider Resolution 12-060: Approving the Deferral of the Special Assessments for the 2012 Street Improvement Project: l. Consider Resolution 12-061; Approval of a Memorandum of Understanding between the City of S!. Anthony and the City of Birchwood for the Processing of Utility Billing; J. Consider Resolution 12-062; Approving a $5,000 Increase for Mark Casey. City Manager. for Successfully Completing the Six-Month Evaluation Period: K. Con s ider Re solution 12-063: Accepting and Approving the Grant Agreement Between the C it y of St. Anthony Village and the Minnesota Department of Health for Implementation of the Source Water Protection Plan: L. Con s id e r Re solution 12-064; Approving a Stewardship Fund Agreement with the Mis s issippi Watershed Management Organization CMWMO) in the amount of$2,000 for a Pilot Study of Retention Rates of Grassy Areas for the S!. Anthony Public Works Department: M. Consider Resolution 12-065; Accepting a Donation from Kiwanis Club ofS!. Anthony to the St. Anthony Police Department to Offset Community Service Costs; and N . Consider Resolution 12-066; Authorizing the City ofS!. Anthony Village to Submit a Total Maximum Daily Load CTMDL) Grant Application to the Minnesota Public Facilities Authorities CPF A) and to Authori ze City Officials to Execute Grant Agreement on Behalfofthe City ofS!. Anthony Village for the Silver Lake Village Phosphorus Removal Treatment System . Mayor Faust noted that the second WHEREAS clause in Consent Agenda item F contains a typographical error and the correct amount of liability coverage should state $2.5 million per occurrence. Mayor Faust requested that City Engineer Hubmer provide a brief explanation regarding Consent Agenda item N and requested that this item be removed from the Consent Agenda. Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the Consent Agenda as amended to move Consent Agenda item N to the regular agenda . Motion carried unanimously. I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes June 26, 2012 Page 3 III. IV. N. Consider Resolution 12-066; Authorizing the City ofSt. Anthony Village to Submit a Total Maximum Daily Load (TMDL) Grant Application to the Minnesota Public Facilities Authorities (PFA) and to Authorize City Officials to Execute Grant Agreement on Behalf of the City ofSt. Anthony Village for the Silver Lake Village Phosphorus Removal Treatment System. City Engineer Hubmer explained that as part of program for cleaning up Silver Lake and bringing it into compliance with State regulations, the City has applied for a grant for completion of the chemical treatment system at Salo Park. He stated the City will treat the area with alum and will help the City achieve 76% of the required phosphorous reduction on TMDL for Silver Lake. He noted this program has been in process for over two years and the City has received money for the project from Rice Creek Watershed District. He s tated this project will provide the City with credits, which can be applied to the street reconstruction projects within the Rice Creek Wate rshed District. Motion by Councilmember Gray, seconded by Councilmember Stille, to approve Resolution 12- 066 ; Authori z ing the City ofSt. Anthony Village to Submit a Total Maximum Daily Load (TMDL) Grant Application to the Minnesota Public Facilities Authorities (PFA) and to Authori ze City Officials to Execute Grant Agreement on Behalf of the City of St. Anthony Village for th e Silver Lake Village Phosphorus Removal Treatment System. Motion carried unanimously. PUBLIC HEARING. None. REPORTS FROM COMMISSION AND STAFF. A. Resolution 12-067; Approving a Variance to Exceed the Maximum Allowable Amount of Impervious Surface for the Property Located at 3301 31 st Avenue N E. Don Jensen, Planning Commissioner, presenting. Planning Commissioner Jensen stated the applicants were in attendance at the June 19 th Planning Commission meeting but were unable to attend tonight 'S City Council meeting. He explained the applicants added a front door as part of a recent remodeling project and are planning to add front steps to the house. He stated total impervious surface is approximately 55% and the proposed improvement will add 180 square feet of impervious surface, bringing the total impervious surface to 5,191 square feet or 56.9%. He indicated the applicants revised their plan after the Planning Commission requested that the applicant consider diminishing the total impervious surface to the least amount feasible. He reviewed the criteria for the variance , stating that the absence of front steps creates unsafe conditions, the applicant proposes to continue to use the property in a manner consistent with City Code, the plight of the property owner is due to circumstances unique to the property, the variance , if granted , will not alter the essential character of the neighborhood , economic conditions are not the sole basis of the practical I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes June 26, 2012 Page 4 V. difficulties, the variance, if granted, will provide safer access and enhance the appearance of the property , the variance will not prevent future orderly development of the property, and the improvements will not reduce light, air, or access to the property. He noted the City Engineer does not believe the variance will impact overall runoff in the area. Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution 12-067; Approving a Variance to Exceed the Maximum Allowable Amount of Impervious Surface for the Property Located at 330 I 31 st A venue. Councilmember Stille stated it appears the applicants did what they could to decrease the total amount of impervious surface. He requested that the property owner consider moving the garage forward if the garage needs to be replaced in the future in order to get close r into compliance with the City'S lot coverage requirements. Mayor Faust noted that the property owner's original concept added 349 square feet of impervious surface and based on the Planning Commission's concerns they were able to reduce that amount to 180 square feet. Motion carried unanimously. GENERAL BUSIN ~:SS OF COUNCIL. A. 20 II Audit Presentation. Peggy Moeller. Tautges Redpath. presenting. Ms. Moeller presented the 20 II Comprehensive Annual Financial Repolt (CAFR) and accompanying reports issued at the conclusion of the audit, including a report on compliance with Minnesota Statutes Section 6.65, a report on internal controls, the audit management report , and report on communication with those charged with governance. She stated it was important to remember the financial statements are the responsibility of management, the role of the auditor is to report on the fair presentation of the financial statements, and a clean opinion was iss ued. She explained the State legal compliance report requires seven categories of testing based on a checklist provided by the State Auditor and no findings of non-compliance were issued. She stated the auditors do not audit the City's internal controls and internal controls are considered as part of designing the audit. She advised that two deficiencies were repol1ed and are listed in the internal control report along with management's response. She provided historical data on the City's audit findings and stated the repeat finding for 2011 regarding lack of segregation of duties will not be resolved because the City does not have enough staff to segregate those duties . She indicated the City's General Fund balance increased $78,137 during 2011 and the General Fund balance of$I,702,837 includes $1,647,566 in unassigned funds and $55,271 in non-spendable/prepaid items. She stated the City adopted a fund balance policy in 2011 requiring a minimum fund balance of30% and the actual percent of budget at ·12 /3 1/11 was 36.88%. She reviewed the Water and Sewer Enterprise Funds noting for the last two years, the City experienced a slight operating loss in its water operations; however, the City increased its water rates for 2012. She indicated for the last four years, the City has had operating losses in its sewer operations but the City increased its sewer rates in 2012. She advised the City'S 2011 net income from liquor operations was $462,313 and stated the City's expenses for its liquor I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 C ity Counc il Regular Meeting Minutes June 26, 20 12 Page 5 operations have hi s toricall y been lower than the State average. She indicated the HRA Fund balance is $1 ,132 ,690 and the City 's HRA projects are identified in the CAFR. She advised the report on communication with tho se charged with governance contains all required communications and noted there were no difficulties encountered in performing the audit and there were no disagreements with management. She stated the City implemented GASB No. 54 during 2011 and the primary difference relate s to how the City reports fund balances in governmental funds, i.e ., non-spendable, restricted, assigned, unassigned , and committed. She thanked the Finance Department and City staff for their assistance during the audit. Councilmember Stille requested further information regarding the two findings iss ued by the auditors. Ms. Moeller explained that two finding s were re peated and the City has a new finding related to financial statement misstatements. She adv ised that this new finding is reported as a material weakness based on the materiality of the amount of the misstatement. She added this finding can be fixed and did not expect that this finding would be repeated next year. Motion by Councilmember Stille, seconded by Co uncilmember Roth , to approve the 20 II Audit as presented. Motion carried unanimously. B. Finance Department 20 I I Annual Report. Shelly Rueckert, Finance Director, presenting. Finance Director Rueckert presented the 20 II Finance Department 's Annual Report and stated the Finance Department 's role is to safeg uard the City 's assets as well as to create an efficient environment for all City departments to maintain the best bottom line possible. She advised that in 2011 , the City increased its General Fund balance by $78 ,137 and the fund balance at the end of2011 exceeded the fund balance policy by $307 ,286. She indicated the City refunded two bond iss ues during 2011 saving the C ity approximately $176,000 in future interest. She stated th e City's 2011 health care costs came in le ss than 2010 actual costs. She reviewed 2011 grant activity stating that since 1999 , the City ha s received $15 million in grants, which is $1,855 per re si dent. She stated in 2012, the City secured a contract with MWMO to provide accounting services as well as a contract to provide utility billing services to the City of Birchwood. She indicated in March 2012, the City refunded three bond issues saving the City $637 ,640 in future interest payments and issued bonds for the 2012 street improvement project. She added the City learned today that it will receive $838,000 for prior street reconstruction expenditures from MSA Advanced Encumbrance Fund. She advised that ongoing activities of the Finance Department include preparation of the 2013 budget , decertification of the Chandler TlF District, and researching of options for replacing the Ci ty 's financial software. She noted the Finance Department ha s focused its efforts on th e s ustainability of the City's financial model s, as well as ensuri ng the City's budget is structurally balanced and implementing technological tool s to gain workload capacity to accomplish the City's future se rvice needs. Mayor Faust and the City Co uncil commended Finance Director Rueckert for her efforts on behalf of the City. I 2 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City Council Regular Meeting Minutes June 26, 2012 Page 6 VI. C. Resolution 12-068; Authorizing the Remarketing of Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (The Landings at Silver Lake Village Project), Series 2007 and Authori z ing the Execution of Documents. Stacie Kvilvang, Ehlers & Associates, presenting. Ms. Kvilvang explained that the State issues multifamily housing revenue bonds that can only be accessed through the City acting as a conduit. She stated in 2004, Dominium requested the City act as a conduit on their behalf when it built The Landings and due to the tax exempt status of those bonds, the developer is responsible for making sure they are following the tax exempt guidelines for those bonds. She advised the developer is refinancing these bonds and intends to take a $31.1 million HUD mortgage and the balance of $6.4 million will be remarketed. She stated in reviewing the pro forma , the Conduit Bonds w ill be interest only and there is more than adequate cash flow to cover the payments. She indicated the City is required to enter into an Indenture of Trust with US Bank, as well as a Loan Agreement and Remarketing Circular and the City will incur no fees as a result of the remarketing. She introduced Mr. Mark Morehouse from Dominium and Mr. David Doran from Dougherty & Company, LLC. Motion by Councilmember Roth, seconded by Councilmember Gray, to approve Resolution 12- 068; Authorizing the Remarketing of Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (The Landings at Silver Lake Village Project), Series 2007 and Authorizing the Exec ution of Documents. Motion carried unanimously. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. City Manager Casey -No report. Council member Jenson reported on his attendance at the June 2 I -22 ,. 20 I 2, League of Minnesota Cities annual conference in Duluth. Councilmember Roth reported on his attendance at the June 21-22 , 2012, League of Minnesota Cities annual conference. Councilmember Stille reported on his attendance at the June 21-22 , 2012 , League of Minnesota Cities annual conference. Councilmember Gray -No report. Mayor Faust reported on his attendance at the June 21-22, 2012, League of Minnesota Cities annual conference. He stated the City was recognized as a Greenstep City at the annual conference and noted there are only 46 cities currently participating in the Greenstep program. He indicated that the City achieved Level 3 status and the only other cities that have reached Level 3 status are Eagan, Edina, and Falcon Heights. He thanked City staff for their efforts in 1 2 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 19 20 2 1 22 23 24 2 5 26 27 28 29 30 31 32 33 34 35 36 37 City Council Regular Meeting Minutes June 26 , 2012 Page 7 achieving Level 3 status and noted th e C ity did not spend any additional money to participate in the Green step program. VII . COMMUNITY FORUM. Mayor Faust invited residents to come forward at this time and address the Council on items that are not on the regular agenda. Mr. Leslie Davis, 1822 Marshall Street NE , appeared before the City Council and stated he is a candidate for Hennepin County Commi ssioner and presented the City Council with information regarding his candidacy. Mayor Faust stated the Community Forum was not a political forum and the City Council meeting was an inappropriate place to talk about political office. VIII. INFORMATION AND ANNOUNCEMENTS. Mayor Faust noted there are currently no items scheduled for the July 10,2012, City Council meeting and asked the City Council to consider canceling the meeting. Motion by Councilm e mber Stille, seconded by Councilmember Roth , to cancel the July 10 , 201 2, Regular Meeting of the City Council. IX. ADJOURNMENT. Mayor Faust adjourned the meeting at 7:59 p.m. Respectfully submitted, Barbara Hughes TimeSaver 0flSite Secretarial, inc. ATTEST: flttLl1iU~ City Clerk Motion carried unanimously.