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HomeMy WebLinkAboutCC PACKET 06092009CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA June 9, 2009 7.00 P.M. Call to Order. Pledge of Allegiance. Roll Call. Consideration. Discussion, and Possible Action on All of the following items I. Approval of the June 9, 2009, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. III. Consent Agenda. Them items are considered msoioe and will be enacted by one motion. Then will be no separale discussion of these items unless a Countihnember or dli,-rn so mgnesls, in JvNeb ecrnt the item mill be eemoaed fmm t!x Consent Agetrda randplaced elsejvlxre on rix agenda. A. Approval of May 26, 2009, Council Meeting Minutes. (pp. 1 —11) B. Licenses and Permits. (p. 12) C. Claims. (pp. 13 —15) D. Resolution 09-055; Accepting a Donation from the Wal*Mart Corporation to the St. Anthony Police Department. (pp. 16 —17) E. Resolution 09-056; Adopting the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment of July 1, 2009. (pp. 18 — 27) IV. Public Hearing. V. Reports from Commission and Staff. VI. General Business of Council. A. Ordinance 2009-004; Text Amendment to Title XV, Section 155 Signs; Allowing Temporary Signs to be Displayed on Fences in the Recreational Open Space Athletic Outfields. (second treading) (pp. 28 — 38) B. 2008 Audit Presentation. Peggy Moeller, Tautges Redpath presenting. (pp. 39 — 47 and 5 inserts) C. Resolution 09-057; Ordering a Feasibility Report for the 2010 Street Improvement Project. Todd Hubmer, WSB & Associates presenting, (pp. 48 — 53) D. Resolution 09-058; Setting the City of St. Anthony 2009 "Revised" Budget and Authorizing of the Liquor Fund Transfer. Mike Mornson, City Manager/ Department Heads, presenting. (pp. 54 -- 70) E. Ordinance 2009-005; Section 72.36; Parking During Snow Removal. Mike Mornson, City Manager, presenting. ( ret reading) (pp. 71 — 75) VII. Reports from City Manager and Council members. VIII. Community Forum. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign llxir name and address on the form at the podium, stale llxir name and addressforTlx Clerks record, and limit ilxir remarks fo fm minutes. General#, The City Council will not take ural action on items discussed at this lime, but may ypieally refer the matter io sta1%forafrttun report or dinct the mallerto be sclxduled on an upm.wing agenda. IX. Information and Announcements. X. Adjournment. Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. ZACouncil Meetings12009106092009\agenda.doe 1 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 MAY 26, 2009 4 5 CALL TO ORDER. 6 7 Mayor Faust called the meeting to order at 7:00 p.m. 9 PLEDGE OF ALLEGIANCE. 10 11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 12 13 ROLL CALL, 14 15 Present: Mayor Faust; Councilmembers Gray, Roth, Stille, and Thuesen 16 Absent: None 17 Also Present: City Manager Mike Mornson, City Attorney Jerome Gilligan, Public Works Director 18 Jay Hartman, Todd Hubmer, WSB & Associates Inc., and Justin Messner, WSB & 19 Associates, Inc. 20 21 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON AL I, OF TIIE FOLLOWING 22 ITEMS. 23 24 L APPROVAL OF MAY 26, 2009 CITY COUNCIL MEETING AGENDA. 25 26 Mayor Faust indicated the agenda will be changed to move Agenda Item IV.D. to the first item 27 under V, Reports frond Coaniaiission aad Staff. 28 29 Motion by Councilmember Gray, seconded by Councilmember Roth, to approve the City 30 Council Meeting Agenda of May 26, 2009 as amended. 31. 32 Motion carried unanimously. 33 34 IL PROCLAMATIONS AND RECOGNITIONS. 35 36 None. 37 38 III. CONSENT AGENDA. 39 40 A. Consider May 12, 2009 Council meeting minutes. 41 B. Consider licenses and permits. 42 C. Consider pamnent of claims. 43 D. Resolution 09-044, To Approve the Mutual Aid Agreement to the East Metro Special 44 Weapons and Tactics Team with the Cities of New Brighton Department of Public 45 Safety, North St. Paul Police Department, Roseville Police Department and the 46 University of Minnesota' Police Department and authorizes the Police Chief to execute 47 said Agreement on behalf of the C.ityof_ St. Anthony Village. 48 E. Resolution 09-045, To Amrove the Child Sexual Predator Program Agreement #3000- 49 3000_49 139'1 between the State of Minnesota actingthrou h its Cor ussionen_ofPublic Safe 2 0 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 City Council Regular Meeting Minutes May 26, 2009 Page 2 Bureau of Criminal Apprehension and authorizes the Mayor and City Clerk to execute F. Resolution 09-046, Accepting a Contribution fiom Hennepin County to Offset the Costs of the Pedestrian and Street Lighting for the Silver Lake Road Reconstruction Project as Documented in the Construction Cooperative Agreement. G. Resolution 09-047, Accepting a Donation from Terry Oetting to the St. Anthonyy olice Department. Motion by Councilmember Stille, seconded by Councilmember Thuesen, to approve the Consent Agenda items. Motion carried unanimously. IV. PUBLIC BEARING. A. Resolution 09-048; Ordering Improvements for the Arbors Alley Roadway and Utility Improvement Project. Mayor Faust opened the public hearing at 7:05 p.m. for Resolution Nos. 09-048, 09-049, and 09- 050. Mr. Todd Hubner, WSB and Associates, Inc., provided an overview of the Arbors Alley Roadway and Utility Improvement Project. He reviewed Resolution Nos. 09-048, 09-049, and 09-050. Resolution 09-048 states that the Council has completed the public hearing process and orders the project to be completed. Resolution 09-049 adopts and confirms assessments for the Arbors Alley Roadway and Utility Improvement Project. Resolution 09-050 awards a bid for the Arbors Alley Roadway and Utility Improvement Project. Councilmember Stille requested clarification on the assessment payments. Mr. Hubmer explained the project is set up with constant principal declining interest payments. The principal payment is $288 for the $4,000 assessment; the payment goes down as the principal is reduced. Mayor Faust closed the public hearing at 7:10 p.m. Motion by Councilmember Gray, seconded by Councilmember Thuesen, to adopt Resolution 09- 048, Ordering Improvements for the Arbors Alley Roadway and Utility Improvement Project. Motion carried unanimously. B. Resolution 09-049• Adopting and ConfirmingAssessments for the Arbor Alley Roadway and Utility Improvement Project. N City Council Regular Meeting Minutes May 26, 2009 Page 3 1 Motion by Councilmember Roth, seconded by Councilmember Stille, to adopt Resolution 09- 2 049, Adopting and Confirming Assessments for the Arbor Alley Roadway and Utility 3 Improvement Project. Motion carried unanimously. C. Resolution 09-050; Awarding a Bid for the Arbors Alley Roadway and Utility Improvement Project. 10 Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt Resolution 09- 11 050, Awarding a Bid for the Arbors Alley Roadway and Utility Improvement Project to the low 12 bidder, Kusske Construction Company, LLC, in the amount of $79,387.00. 13 14 Motion carried unanimously. 15 16 D. Resolution 09-051; Awarding a Bid for Water Tower Park Watermain Replacement 17 Project and the St. Anthony Boulevard at Silver Lake Road Mill and Overlay Protect. 18 19 Moved in the agenda to precede agenda item V.A. 20 21 V. REPORTS FROM COMMISSION AND STAFF. 22 23 Resolution 09-051; Awarding a Bid for Water Tower Park Watermain Replacement 24 Project and the St_Anthonv Boulevard at Silver Lake Road, Mill and Overlay Project. 25 26 Mr. Hubmer provided an overview of the Water Tower Park Watermain Replacement Project 27 and the St. Anthony Boulevard at Silver Lake Road Mill and Overlay Project. He presented 28 Resolution 09-051 for approval by the Council. 29 30 Councilmember Roth inquired about the engineer estimate for the project. Mr. Justin Messner, 31 WSB & Associates, Inc., replied that the engineer estimate for the combined Mill and Overlay 32 and Water Tower Park projects equaled approximately $245,000. 33 34 Mayor Faust requested a review of the mill and overlay project location. Mr. Hubmer reviewed 35 the location of the project and noted the deterioration of the pavement in the project area. 36 37 Councilmember Stille requested information on the necessity of this project. Mr. Hubmer 38 explained that the City has received a number of complaints about the road. The City has put in a 39 lot of time filling potholes. The first layer of asphalt has deteriorated, and the patch that was 40 done this spring will not hold throughout another winter cycle. 41 42 Councilmember Roth questioned how long the project will last. Mr. Hubmer replied it is 43 anticipated that the project will last 15 to 20 years. 44 45 Councilmember Gray inquired about the construction schedule. Mr. Hubmer replied that 46 construction will likely begin in June and will involve less than one week of work. 3 City Council Regular Meeting Minutes May 26, 2009 Page 4 2 Councilmember Thuesen asked if there has been any consideration of taking out the road and 3 completing a reconstruction due to inadequate subsoil conditions or whether it can be stabilized 4 by a mill and overlay. Mr. Hubmer replied that the condition is due mostly to the pavement itself. 5 It has not been determined that there is a major failure of the subgrade. Mayor Faust commented on the importance of the project timing and that there will not be construction occurring during the Village Fest parade. 10 Motion by Councilmember Gray, seconded by Councihnember Thuesen, to adopt Resolution 09- 11 051, Awarding a Bid for Water Tower Park Watermain Replacement Project and the St. Anthony 12 Boulevard at Silver Lake Road Mill and Overlay Project to the low bidder, Kusske Construction 13 Company, LLC, in the amount of $250,581.90. 14 15 Motion carried unanimously. 16 17 A. Ordinance 09-004; Text Amendment to Title XV Section 155 Signs• Allowing 18 Temporary Signs to be Posted on Fences in the Recreational Open Space Athletic 19 Outfields (ls` readings 20 21 Planning Commission Member Don Jensen provided the report from the Planning Commission 22 on the request for a text amendment to Title XV, Section 155 Signs; Allowing'Temporary Signs 23 to be Posted on Fences in the Recreational Open Space Athletic Outfields. He stated the Planning 24 Commission debated the text amendment as proposed by the School District at several meetings. 25 At the May Planning Commission meeting the Commission moved the text amendment forward 26 for consideration by the Council with a 5-1 vote. The debate that occurred at the Planning 27 Commission level, as well as the public testimony, had a lot to do with what would ultimately be 28 an application for a Conditional Use Permit (CUSP) that this text amendment would allow for. 29 The Commission saw fit that the text amendment would allow an application as an opportunity 30 for the School District or others that fit the definition to apply for signage under the CUP. The 31 terms and conditions would be included within each CUP. 32 33 Mr. Eric Brever, Foster & Brever PLLC, addressed the City Council and stated he is present on 34 behalf of the School District and St. Anthony Baseball Association (SABA). The hope is to put 35 together the ability for signage in and around the baseball and football fields. This would allow 36 for potential fundraising opportunities for the School District. A number of local businesses have 37 expressed willingness and are interested in doing advertising with the School District in various 38 ways. Mr. Brever provided a PowerPoint presentation and overview of the proposed text 39 amendment to Title XV, Section 155 Signs. 40 41 Councilmember Thuesen requested clarification on whether the proposed text amendment would 42 allow signage at the football field and hockey rink in addition to the varsity baseball field. Mr. 43 Brever replied that the proposed text amendment includes a 250 -foot setback requirement. The 44 Council may wish to consider whether hockey rinks or tennis courts should be included. SABA, 45 as an agent of the School District, is preliminarily concerned with the baseball field, not 46 necessarily with the football Field. However, it was suggested that as long as they are going along 0 City Council Regular Meeting Minutes May 26, 2009 Page 5 1 this process that the football field would be a natural progression. Signage for the baseball field 2 and the football field would each require a separate permit. 4 Mayor Faust pointed out that the March 4, 2009 letter from the School Superintendent only 5 speaks to the varsity baseball field. 7 Councilmember Gray noted when this was initially presented, the Council asked the question of 8 whether this will be expanded to include the football field and other fields. They were told that it 9 this would only be looking at the baseball field, 10 11 Councilmember Roth questioned if it is realistic that any philanthropic uses would pay for eight 12 to ten signs, which is the total number of signs allowed under the proposed text. He stated his 13 position that this seems to be aimed towards business and education uses, and that philanthropic 14 is included in the text for appearance. Mr. Brever suggested the possibility of "Congratulations 1.5 Graduates" signs for outdoor graduation as an educational use, noting that this would currently 16 be a violation of the City Sign Ordinance. He stated the goal is that the signs would be temporary 17 which would be up no longer than six months every year. He suggested the possibility of signage 18 for Relay for Life as a philanthropic use. 19 20 Councilmember Roth questioned the purpose of limiting the signage to eight signs. Mr. Brever 21 replied that the moncy they hope to raise would go a long way as far as the maintenance of the 22 field. Often times other schools have three year contracts with advertisers that could sell for lip to 23 $1,000 per year. Theoretically $8,000 per year would go a long way with planting trees and ivy 24 along the entire filed, and further keeping the grass and other things in the shape they are in. 25 26 Councilmember Roth questioned if there will be a request to double the signage in another three 27 years. Mr. Brever replied that St. Anthony High School Athletics Director Troy Urdahl would 28 like a community field and does not want to destroy the integrity of the field. He cannot promise 29 there will not be a request for increased signage, but Mr. Urdahl has said that is not on the radar. 30 31, Councilmember Roth questioned if the School District will control the money. Mr. Brever 32 responded in the affirmative and explained that SABA would provide the sales and management 33 of the fundraising for the field. 34 35 Mayor Faust stated that the $8,000 that could be raised through the signage is not a lot in the 36 grand scheme of things. Going back to the March 4, 2009 letter from the School Superintendent, 37 the request started with a 120 day period for signage on the baseball field, and they are now up to 38 the football field and hockey rink for six months. He stated his position that a plan and purpose 39 need to be. presented for the City to make this change. He expressed concern about the use of 40 public property to raise .funds and stressed the importance of knowing how the finds will go to 41 the School District, including the accounting and auditing process. He questioned if the School 42 District has any legal control over SABA. Mr. Brever replied that a contract between the School 43 District and SABA has been prepared and would be signed. The contract gives SABA the 44 authority to solicit the fundraiser. The School District would oversee the financial affairs; the 45 School District has accounting requirements and obligations. With regard to the School District's 46 control, they have policies as far as what signage can be placed and specific rules and regulations 5 City Council Regular Meeting Minutes May 26, 2009 Page 6 1 in the School District policies as to the oversight of the signage. He stated the plan would be 2 related to the CUP, as opposed to the ordinance amendment. The ordinance amendment provides 3 a pathway to get to the plan. 4 5 Mayor Faust suggested a plan stating the long-term ideas of the School District and SABA. Mr. 6 Brever replied that SAGA has gone through a number of fundraisers and is reaching the end limit 7 of the fundraisers. This is an opportunity to be creative. 9 Councilmember Thuesen asked whether the text amendment could be worded to limit signage to 10 the baseball field. City Attorney Gilligan responded in the affirmative. He advised that another 11 option would be to expand the 250 -foot distance limit from a residential district to an area 12 beyond the football field. 13 14 Mr. Brever clarified that the hockey rink would currently not be allowed under the proposed text 15 amendment because it is within 250 feet of a residential district. The only other location allowed 16 would be the visitors' side of the football field. 17 18 Motion by Councilmember Gray, seconded by Councilmember Thuesen, to approve the First 19 Reading of Ordinance 09-004, a Text Amendment to Title XV, Section 155 Signs; Allowing 20 Temporary Signs to be Posted on Fences in the Recreational Open Space Athletic Outfields. 21 22 Councilmember Thuesen stated his support of limiting signage to the varsity baseball field with 23 no opportunity for signage at the football field. 24 25 Councilmember Stille stated he is not in favor of this for a number of reasons. The time allowed 26 for the signs to be up started at four months and has expanded to six months. The limit was at 24 27 square foot signs, and at the last Planning Commission meeting it was up to 60 square foot signs. 28 The current banners are 28 square feet; the signs will be over twice that size if this moves 29 forward. He stated going from Palm Field to the football field is something they need to be 30 mindful of as far as where this could go in the future. He stated the Planning Commission 31 struggled with this. The vote was not unanimous and a lot of the members cited monetary 32 reasons. From a Planning Commission perspective, the decision should have been based on 33 whether there should be commercial advertising in the park or not. He stated he has gone to a 34 few baseball fields and has played baseball. One of the examples used by SABA is the 35 Minnetonka park. However, that park is secluded and tucked behind the school; there is a dome 36 practice facility next to it and there are not any residential areas that can see the area. That is the 37 kind of place where they could get the baseball nostalgia. This is a city park with a baseball field 38 in it. They need to accommodate and not have clutter in the park. Not everyone cares about 39 baseball and they need to be mindful for the rest of the community about what door they open. 40 I -Ie stated there is another Minnetonka baseball park next to a city facility where there is not any 41 advertising. This was likely the rationale for some of the discussions that went into advertising at 42 one Minnetonka park and not the another. He stated his support of going to bat for the School 43 District with non -city grant funding opportunities if this ordinance amendment does not pass. 44 45 Councilmember Thuesen stated this afternoon he walked the perimeter of the park to get an idea 46 as far as the visual look if signs were permitted. On the west side there is the connnunity center, 51 City Council Regular Meeting Minutes May 26, 2009 Page 7 1 the parking lot, the hill going up, the fire station, and the concession stand blocks a lot of the 2 field, He stated from his perspective from the west side the signs are basically not very visible 3 from the rest of the park. On the north end a lot of the residents have vegetation growing up on 4 their fences. There were limited properties on the north end that would see the signs and it would 5 likely be minimal from that distance, It is a similar situation on the east end and to the south is 6 the school and skateboard park. He stated his support of adopting the first reading with signs 7 limited to the baseball park in order to further explore some of the options. He will not 8 necessarily vote in support with the plan that is presented if the first reading is adopted, 10 Councilmember Gray stated his support of the ordinance amendment. He stated everyone is 11 struggling for funding. The School District may come back and request sign placement at the 12 football field, but it comes down to where the money comes from. Upkeep needs to be provided 13 on the fields, and this is a creative way of doing it where it does not involve public money and 14 tax money. The businesses are putting money in to help with the upkeep of the fields, and in turn 15 they receive advertising. 16 17 Mayor Faust stated the City already maintains the park; this is for enhancements at the park. He 18 did not think much of the idea in the beginning and thinks less of it now. This is classified as 19 recreational open space; not cluttered space. It is located in a residential area in the heart of the 20 City that gets a lot of visibility. He stated there are ways they can find $8,000 to do what the 21 School District wants to do. lir regards to the comments in the letter from the School 22 Superintendent about the non-users in the park, he suggested raising the fees. He stated his 23 position that the signage will destroy the community park atmosphere and the School District 24 will be back requesting signage for the football field, hockey rink, and tennis courts. 25 26 Councilmember Roth expressed concern with the use of the word "temporary". Ile suggested 27 timing the period for the signage to the state high school athletic season. He commented that he 28 agrees that there seems to be a need for money, but he also feels it is a public place and keeping 29 the area without advertising is something to be desirable. He stated his position that this is 30 somewhat of a hybrid park with the high school as well as non -high school events being held 31 there. He stated growing up in his hometown the baseball team played at the public park and it 32 was lined with advertising. His struggle is how to control it so that it does not get out of hand. 33 34 Councilmember Stille pointed out that while the high school season is over in the next couple of 35 weeks there will be teams playing through August or September. He stated if the first reading 36 passes he encourages the Council to tour the Minnetonka park. 37 38 Councilmember Gray commented that it would be a reasonable adjustment to make the signage 39 in line with the seasons. If the season is limited to high school and youth seasons it would likely 40 be done by the end of July. 41 42 A friendly amendment was made to amend condition nos. 3 and 4 included in the text 43 amendment as follows: 44 3. Signs may be erected only within the confines of Patin Field. 45 4. Signs may be displayed for a period from April I" through July 31 ". 46 City Council Regular Meeting Minutes May 26, 2009 Page 8 1 Mayor Faust directed staff to determine and record the current location of Palm Field. 2 3 Ayes — 3, Nays — 2 (Faust and Stille). Motion carried. 4 5 B. Resolution 09-052; Approving the Preliminary Plat and Final Plat for Lot Split of 4017 6 Silver Lake Road, Lots 7 & 8 and Lots 23 & 24, Block 17. All in "Soo Marie Park". 7 8 Mr. Jensen provided the report from the Planning Commission on the application for a 9 preliminary plat and final plat for lot split of 4017 Silver Lake Road, Lots 7 & 8 and Lots 23 & 10 24, Block 17, All in "Soo Marie Park". He stated subsequent to the Planning Commission 11 approval last week the applicant took the comments of the Commission to their surveyors for an 12 amended drawing. The plan has been amended so that all of the rear lines on Penrod Avenue line 13 up. This leaves a slightly larger remaining property on Silver Lake Road should it be 14 redeveloped in the future. 15 16 Ms. Susan Lindberg, applicant, explained that her father passed away and the way the lots were 17 previously split was right down the middle of his house. They are asking to have it split the other 18 direction so they can sell the back lot. 19 20 Motion by Councilmember Roth, seconded by Councilmember Gray, to adopt Resolution 09- 21 052, Approving the Preliminary Plat and Final Plat for Lot Split of 4017 Silver :Lake Road, Lots 22 7 & 8 and Lots 23 & 24, Block 17, All in "Soo Marie Park). 23 24 Motion carried unanimously. 25 26 C. Resolution 09-053; Approval of a Conditional Use Permit (CU]') for lkrain Child Care, 27 LLC Located at 3055 Old US Highway 8. 28 29 Mr. Jensen provided the report from the Planning Commission on the Conditional Use Permit 30 (CUP) request for Ikram Child Care, LLC, located at 3055 Old US Highway 8. He reviewed the 31 location and site plan of the proposed child care site. 32 33 Mayor Faust asked whether the Planning Commission determined that there is adequate space 34 for the outdoor play area on the southeast side. Mr. Jensen replied that the State sets a minimum 35 requirement as it relates to total square footage. The space behind the building is a bigger space 36 in totality than what exists at Step by Step Daycare, and the amount of containment play is 37 similar to the play area behind the Community Center He noted there can also be discussion as to 38 whether there is additional play space outside of the fenced -in area. It is lawn, but it would be 39 almost impossible to go through the boulevard area out to Old Highway 88. This location has 40 containment from the center out to the play area, and there is more than enough space. There is 41 no plan for the play area, which is something that was requested with the application. However, 42 at the end of the day the play area needs to meet State requirements. 43 44 Mayor Faust questioned if the State inspects the play area. City Manager Morrison responded in 45 the affirmative. 46 City Council Regular Meeting Minutes May 26, 2009 Page 9 1 Motion by Councilmember Roth, seconded by Councilmember Gray, to adopt Resolution 09- 2 053, Approval of a Conditional Use Permit (CUP) for Ikram Child Care, LLC Located at 3055 3 Old US Highway 8, 4 Motion carried unanimously. 7 D. Resolution 09-054; Adoption of the Comprehensive Plan. 8 9 Mr. Jensen provided the report from the Planning Commission on the adoption of the 10 Comprehensive Plan. He stated the Metropolitan Council has approved the Comprehensive Plan 11 and adoption is required by the Planning Commission and City Council. The Planning 12 Commission moved this forward unanimously. The only comment was the request for the picture 13 on the front cover to be changed to a different picture representative of the City. 14 15 Motion by Councilmember Gray, seconded by Councilmember Stille, to adopt Resolution 09- 16 054, Adoption of the Comprehensive Plan. 17 18 Mayor Stille thanked the Planning Commission for the work put into the Comprehensive Plan. 19 20 Motion carried unanimously. 21. 22 VL GENERAL BUSINESS OF COUNCIL. 23 24 None. 25 26 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 27 28 City Manager Mornson reported on the following: 29 • Emerald Park Project is in progress. Most of the existing equipment has been removed. 30 o Silver Lake Road punch list items are being completed. Paving is scheduled for 31 Thursday, May 28°i. 32 Y Water Re -Use Project: fine tuning of the retention pond is scheduled for the middle of 33 June. 34 ° Industrial Custom Products has withdrawn the request for a revolving loan from the State 35 of Minnesota Department of Trade and Economic Development. 36 • CenterPoint Energy grant of $2,000 was received for Fire Department pagers. 37 ■ Rice Creek Watershed District grant of $50,000 was received in conjunction with the 38 Water Quality Federal Program. The grant will be part of the local match. 39 a He and Mayor Faust met with Ramsey County Commissioner Parker. One item of 40 discussion was the Water Quality Project. The County Board will consider a motion to 41 approve the project at the June 2, 2009 County Board meeting. The main goal of the 42 project is to improve the water quality of Silver Lake. 43 • Beverage alcohol training on May 12, 2009. 44 ■ Risk Management Association of Minnesota meeting. 45 • Trillium Park water feature replacement will be completed next week. 46 • There will be a cable operator replacement for Keil while he is at school in .Tune. 0 City Council Regular Meeting Minutes May 26, 2009 Page 10 1 The St. Anthony resident that won the local fire prevention poster contest is the winner of 2 the State award. 4 Couneihnember Gray inquired if staff has looked into the request that the Emerald. Park 5 equipment be donated. City Manager Mornson replied that the resident has been informed that 6 the equipment cannot be donated due to liability issues. Councilmember Gray: No report. 10 Councilmember Roth: No report. 11 12 Councilmember Stile: No report. 13 14 Councilmember Thuesen: No report. 15 16 Mayor Faust reported on the following 17 a May 18, 2009 meeting with Ramsey County Commissioner Parker. There was discussion 18 on mitigating the cost of the compost contract through grants and consideration of 19 beginning to do some of the City's dispatching through Ramsey County; currently all of 20 the dispatching is done through Hennepin County. There was also discussion on 21 additional lighting and lighting improvements on 37°i Avenue and on Silver Lake water 22 quality improvements. 23 ® May 19, 2009 meeting with Hennepin County Commissioner Stenglein. There was 24 discussion on the Silver Lake Road project. Commissioner Stenglein attended the 25 monthly Chamber meeting with them. He also sent a letter commending the St. Anthony 26 Village community, staff and City Council. 27 a May 20°i - 22"', 2009 attendance at the League of Minnesota Cities Strategic Planning 28 session for the next 12 to 18 months. 29 30 VIII. COMMUNITY FORUM. 31 32 Mayor Faust invited residents to come forward at this time and address the Council on items that 33 are not on the regular agenda. 34 35 Hearing none, Mayor Faust moved forward with the agenda. 36 37 IX. INFORMATION AND ANNOUNCEMEN'T'S. 38 39 Mayor Faust requested that staff post information from the Centerpoint Energy Community Link 40 on the City website, City newsletter and/or Channel 16. 41 42 X. ADJOURNMENT. 43 44 Mayor Faust adjourned the meeting at 8:35 p.m. 45 46 10 City Council Regular Meeting; Minutes May 26, 2009 Page 11 Respectfully submitted, 2 4 Carol Hamer 5 TimeSaver Off Site Secretarial, Inc. 6 7 8 ATTEST: 9 10 11 12 City Clerk Mayor 11 Faint Anthony Village DATE: June 9, 2009 Approved: TO: Mayor and Councilmembors FROM: License Clerk ITEM: License and hermits for Approval: Rental License: Applicant: Griffin Hillbo Location: 3515 37t" Ave Applicant: Cassady Properties Location; 3500 Coolidge St Applicant: Yohan Holdings Location: 4021 Macalaster Dr Applicant: Thomas Fritz Location: 3300 Roosevelt Ct 12 U.S. BANK ST, ANTHONY VILLAGE 13 CHECK REGISTER VENDOR# PAYEE CHECK# DATE AMOUNT 8411 DRIVER & VEHICLE SERVICE 9520 5/21/2009 $20.00 8634 DRIVER & VEHICLE SERVICE 9521 5/21/2009 $20.00 9182 SAM'S CLUB 9522 5/21/2009 $57.48 9366 WAL-MART BUSINESS CENTER 9523 5/21/2009 $859.09 8437 DIRECTV 9525 5/28/2009 $31.94 20 AA BATTERY CO 9526 6/10/2009 $45.13 9584 ABLE HOSE & RUBBER, INC. 9527 6/10/2009 $141.38 9486 AIRPORT TAXI & TOWN TAXI 9528 6/10/2009 $111.75 7252 ALBRECHT 9529 6/10/2009 $16.99 9250 AMERICAN MESSAGING 9530 6/10/2009 $199.14 5087 AMERICAN PUBLIC WORKS AS 9531 6/10/2009 $171.25 8794 ARCTIC GLACIER INC. 9532 6/10/2009 $880.66 320 BEISSWENGER'S 9533 6/10/2009 $210.57 4293 BELLBOY CORP. 9534 6/10/2009 $9,213.07 9060 BLAINE LOCK & SAFE INC. 9535 6/10/2009 $333.36 7157 BROCK WHITE COMPANY, LLC 9536 6/10/2009 $31.10 9058 CADBURY SCHWEPPES BOTTLI 9537 6/10/2009 $356.00 4231 CAPITOL BEVERAGE SALES 9538 6/10/2009 $27,518.10 9100 CAT & FIDDLE BEVERAGE 9539 6/10/2009 $309.00 610 CATCO 9540 6/10/2009 $8.12 4065 CENTRAL LOCK & SAFE CO 9541 6/10/2009 $274.10 4080 CHISAGO LAKES DISTRIBUTI 9542 6/10/2009 $1,957.42 9209 CLOSE LANDSCAPE ARCHITEC 9543 6/10/2009 $3,179.74 4095 COCA COLA BOTTLING COMPA 9544 6/10/2009 $876.15 4107 COMPTON'S COMMERCIAL CLN 9545 6/10/2009 $4,236.92 4127 DANIMAL DISTRIBUTING INC 9546 6/10/2009 $576.00 4110 DICKSON ELECTRIC 9547 6/10/2009 $878.00 9595 DOCUMENT DESTRUCTION SER 9548 6/10/2009 $200.00 820 DORSEY & WHITNEY 9549 6/10/2009 $1,534.60 4135 ELECTRO WATCHMAN INC 9550 6/10/2009 $146.97 7394 ESS BROTHERS & SONS INC. 9551 6/10/2009 $242.82 8697 EXTREME BEVERAGE 9552 6/10/2009 $757.50 9395 FACTORY MOTOR PARTS CO 9553 6/10/2009 $13.07 9667 FLAT EARTH BREWING CO 9554 6/10/2009 $71.98 1030 G & K SERVICES INC 9555 6/10/2009 $800.12 1250 GRAINGER 9556 6/10/2009 $104.48 4172 GRAPE BEGINNINGS, INC. 9557 6/10/2009 $2,589.00 4175 GRIGGS COOPER & CO INC 9558 6/10/2009 $12,703.15 1420 HAWKINS, INC 9559 6/10/2009 $5,290.70 8221 HEDBACK, ARENDT, KOHL 9560 6/10/2009 $5,000.00 7066 HENNEPIN TECHNICAL COLLE 9561 6/10/2009 $300.00 9160 HEWLITT PACKARD COMPANY 9562 6/10/2009 $532.50 4207 HOHENSTEIN'S, INC 9563 6/10/2009 $6,311.00 8252 HOME DEPOT CREDIT SERVIC 9564 6/10/2009 $658.47 7358 J.R.'S ADVANCED RECYCLER 9565 6/10/2009 $2,945.00 4125 JJ TAYLOR DISTRIBUTING 9566 6/10/2009 $42,310.83 8349 JOHN'S SOD 9567 6/10/2009 $107.35 4220 JOHNSON BROTHERS LIQUOR 9568 6/10/2009 $19,315.45 7352 KATH FUEL OIL SERVICE 9569 6/10/2009 $1,813.30 9351 LANGUAGE LINE SERVICES 9570 6/10/2009 $24.72 U.S. BANK ST, ANTHONY VILLAGE 14 CHECK REGISTER VENDOR # 8434 9114 2100 4265 2160 9716 2240 8279 8467 2280 8269 9331 2395 9475 8883 5176 9266 9523 45 9615 4354 9563 4360 8529 9203 8369 9180 9139 9629 9710 4385 9119 9717 3120 9259 7072 4782 8872 PAYEE LEAGUE OF MINNESOTA CITI M. AMUNDSON LLP MACQUEEN EQUIPMENT CO MARK VII SALES INC MARSHALL CONCRETE PROD MERCURY TECHNOLOGIES OF METROPOLITAN COUNCIL METROPOLITAN COUNCIL MIDWAY FORD MIDWEST ASPHALT CORP MINNESOTA SHREDDING LLC MN DEPT OF HEALTH MTI DISTRIBUTING, INC NEOPOST LEASING NEW FRANCE WINE COMPANY NORTH SUBURBAN COMMUNICA NORTHERN WATER WORKS SUP NORTHSTAR INSPECTION SER OFFICE DEPOT PAETEC PAUSTIS & SONS PETTY CASH - U.S. BANK PHILLIPS WINE & SPIRITS POND & LIGHTING DESIGNS, POSITIVE ID, INC. POSTMASTER -MPLS BMEU PROFESSIONAL TURF & RENO PROPERTY KEY, INC. PUBLIC SAFETY CENTER, IN Q'S TREE & OUTDOOR, INC. QUALITY WINE CO RECHECK ROY C., INC. RUFFRIDGE JOHNSON EQUIP SPRINT ST ANTHONY CHAMBER OF CO ST ANTHONY VILLAGE CENTE SUCIU/BARB 4780 SURLY BREWING CO 3260 T A SCHIFSKY & SONS 5273 TESSMAN SEED INC. .0253 TOMBARGE/PJ 7196 TRANSPORTATION SUPPLIES 8824 TRI -COUNTY BEVERAGE, INC 4481 TWIN CITY JANITOR SUPPLY 8336 UNITED ELECTRIC COMPANY 8561 UNITED RENTALS NORTHWEST 9382 VEOLIA ES VASKO SOLID WA 8227 VERIZON WIRELESS 3700 VIKING INDUSTRIAL CENTER 4451 VINOCOPIA CHECK # 9571 9572 9573 9574 9575 9576 9577 9578 9579 9580 9581 9582 9583 9584 9585 9586 9587 9588 9589 9590 9591 9592 9593 9594 9595 9596 9597 9598 9599 9600 9601 9602 9603 9604 9605 9606 9607 9608 9609 9610 9611 9612 9613 9614 9615 9616 9617 9618 9619 9620 9621 DATE 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 6/10/2009 AMOUNT $600.00 $2,266.16 $372.06 $33,834.73 $734,57 $200.45 $43,625.85 $1,980.00 $345.56 $178.86 $57.00 $3,662.00 $460.08 $123.29 $292.50 $591.42 $871.65 $7,892.39 $549.51 $172.52 $1,947.55 $121.49 $7,987.29 $7.807.00 $33.44 $1,400.00 $798.75 $50.00 $186.66 $639.00 $21,142.78 $15.00 $507.50 $109.71 $327,92 $220.00 $1.869,58 $177.37 $1,378.00 $347.17 $616.79 $73.89 $266.25 $360.00 $76.36 $12.95 $43.38 $1,098.84 $750.06 $94.35 $805.00 U.S. BANK ST. ANTHONY VILLAGE 15 CHECK REGISTER VENDOR# PAYEE 8388 W. W. GOETSCH ASSOCIATES 9702 W.D, LARSON COMPANIES LT 4494 WASTE MANAGEMENT - BLAIN 8310 WINE MERCHANTS INC 9364 WIRELESS WORLD 4499 WORLD CLASS WINES, INC. 2680 XCEL ENERGY 9711 Z WINES USA LLC 3820 ZAHL PETROLEUM MAINTENAN TOTAL CHECK# DATE AMOUNT 9622 6/10/2009 $292.88 9623 6/10/2009 $65.26 9624 6110/2009 $496.20 9625 6/10/2009 $4,233.39 9626 6/10/2009 $63.89 9627 6/10/2009 $1,270.40 9628 6/10/2009 $4,254,82 9629 6/10/2009 $297.50 9630 6/10/2009 $163.42 $317,477.91 OF -1 Es Report Date: Meeting Date: RE42=LFSTEOR COk NOtL CLIS� ILIO June 9, 2009 June 9, 2009 Agenda Section: III. D. ITEM DESCRIPTION: Resolution 09-055;, Accepting a Donation of $1,000.00 from Wal*Mart Corporation for the St. Anthony Police Department. MANAGER'S REVIEW: The St. Anthony Police Department received a donation of $1000.00 from Wal*Mart Corporation for the St. Anthony Police Department. The St. Anthony Police Department will apply the donation to the Citizen's Academy. Michael Mornson City Manager Attachments: • Resolution 09-055; .Accepting a Donation of $1,000.00 from Wal*Mart Corporation to the St. Anthony Police Department. ZACouncil Meetings\2009\0609200%staffdonation walmart.doc - 1 - RESOLUTION 09-055 A RESOLUTION ACCEPTING A DONATION FROM WAL*MART CORPORATION TO THE ST. ANTHONY POLICE DEPARTMENT WHEREAS, the City of St. Anthony's Police Department program received a donation from Wal*Mart Corporation in the amount of $1000.00; and WHEREAS, the City of St. Anthony's Police Department will apply the donation to the Citizen's Academy. NOW, THEREFORE, 13E IT RESOLVED, that the City Council of the City of St. Anthony hereby accepts the donation from Wal*Mart Corporation to the St. Anthony Police Department. Adopted this 9th day of une 2009. Mayor ATTEST: City Clerk Review for Administration: City Manager l.:ACouncil Meetings\?.009A06092009�esdonntionwalmurLdoc 17 STAFF REPORT DATE: May 26, 2009 TO: Mire Mornson, City Manager FROM: John Ohl, Chief of Pol c SUBJECT: Hennepin County Mutual Aid t All Hennepin County communities entered into a mutual aid pact back in 1968. The pact is simply an agreement to provide mutual aid resources under certain terms and conditions. This pact was modernized on July 1, 2001, and is again in need of some updated language. I am requesting that we continue this beneficial relationship with all of the other Hennepin County communities by signing, and adopting by resolution, the 2009 Hennepin County Chief's of Police Association Mutual Aid Pact. JO:vj 29 HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION MUTUAL AID PACT Updated July 2009 TABLE OF CONTENTS FOREWORD JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT 3 I. GENERAL PURPOSE 3 It. DEFINITION OF TERMS 3 III. PARTIES 4 IV. PROCEDURE 4 V. LIABILITY 6 VI, EFFECTIVE DATE 7 VII. WITHDRAWAL AND TERMINATION 7 MUTUAL Ar® PACT Effective July 11 2009 2'D The Mutual Aid Committee of the Hennepin County Chiefs of Police Association was tasked with revising and updating the mutual aid pact among all the police agencies of Hennepin County. The original pact was created in 1968 with the various agencies joining the pact throughout the years. Many provisions of the original pact were continued into the new pact. The Joint and Cooperative. Agreement for Use of Law Enforcement Personnel and Equipment in Hennepin County ("Joint Powers Agreement") was updated to reflect accurately the procedures, address current issues and enhance the ability of departments to share resources with each other. Each agency is responsible for entering and updating available agency resources on line in the RAPID Database. The general purpose of the pact is to permit agencies to share law enforcement resources with other agencies in Hennepin County. The Joint Powers Agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. A requesting party may call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party. In addition, the Joint Powers Agreement should not be interpreted as restrictive in providing resources to deal with only major catastrophic situations. Participating parties can utilize the resources for many reasons including routine circumstances such as training efforts and back-up patrol service. This pact provides the flexibility for all agencies to use the resources located among all participating parties in Hennepin County. The decision as to when to invoke mutual aid and whether to respond is left to the discretion of the requesting or responding party. Each agency should acquaint supervisory Personnel with any internal procedures used for mutual aid. While the Joint Powers Agreement does not require particular words or actions to initiate mutual aid, agencies should be clear about whether mutual aid was requested and what type of assistance is being provided. Hennepin County Chief's of Police Association Mutual Aid Pact Updated: Match 2009 21 Furthermore, each officer Within a department should have a basic familiarity with mutual aid, the responsibilities when reporting to another agency and the protections afforded under the agency's worker's compensation. Management of a mutual aid situation specifically remains under the control of the requesting party. The sending party retains direction and control of any Personnel provided. Yet, the sending party must coordinate with the requesting party the law enforcement assistance provided. Time commitments for mutual aid requests: While there is no hard and fast time limit, the commitment of resources can be taxing on agencies. In addition, in some situations, an advantage can be gained by ending a mutual aid request and entering into some contractual assistance. Especially when the law enforcement costs need to be tracked or can be recovered from other sources. The Hennepin County Sheriff's Office ("Sheriff') has again volunteered to serve as the administrative coordinator of the pact. As communities adopt the Joint Powers Agreement, the appropriate documentation and signature page need to be forwarded to the Sheriff. The participating parties to this agreement are solely responsible to update their available resources in the RAPID Database. The effective date for the new Joint Powers Agreement is July 1st, 2009. This date was established to allow enough time for agencies to receive the appropriate authority and to provide some finality between the old pact and the new pact. When a party elects to enter into the new Joint Powers Agreement, their participation in the former pact will cease on July 1 st, 2009. Some agencies may elect not to participate in this pact; those agencies would be bound under other mutual aid agreements or state statutes. Hennepin County Chief's of Police Association Mutual Aid Pact -2- Updated: 2 - Updated: March 2009 22 JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL ANIS EQUIPMENT I. GENERAL PURPOSE The general purpose of this Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment ("Agreement') is to provide a means by which a Party to this Agreement may request and obtain Law Enforcement Assistance from other Parties when the Party deems such assistance necessary. This Agreement is made pursuant to Minnesota Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers common to the Parties. II. DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings: Subd. 1. "Eligible Party" means a governmental unit that is permitted to become a Party to this agreement, at its own option. The Eligible Parties are the County of Hennepin and every governmental unit authorized to exercise police powers within the County of Hennepin, State of Minnesota. Subd. 2. "Law Enforcement Assistance" means equipment and Personnel, including but not limited to, licensed peace officers and non -licensed Personnel. Subd. 3. "Party" means a governmental unit that elects to participate in this Agreement. Subd. 4. "Requesting Official" means a person who is designated by the Requesting Party to request Law Enforcement Assistance from other Parties. Subd. 5. "Requesting Party" means a Party that requests Law Enforcement Assistance from other Parties. Hennepin County Chief's of Police Association Mutual Aid Pact -3- Updated. 3 - Updated. March 2009 23 Subd. 6. "Sending Official" means a person who is designated by a Party to determine whether and to what extent that Party should provide Law Enforcement Assistance to a Requesting Party. Subd. 7. "Sending Party" means a Party that provides Law Enforcement Assistance to a Requesting Party. Subd. 8. "Sheriff' means the Hennepin County Sheriff or designee. Subd. 9. "RAPID" means the resource database available at rapidresource.org. III. PARTIES The Parties to this Agreement shall consist of as many Eligible Parties that approve this Agreement and execute a separate signature page to become Parties. Upon approval, the executed signature page of this Agreement shall be sent to the Sheriff along with a certified copy of the documentation evidencing approval. Approval of this Agreement by a Party shall be evidenced by: ® for a municipality, a resolution adopted by the governing body, or ® for a non -municipality, a resolution adopted by the governing body or a letter executed by an official with sufficient authority to bind that party which recites the basis of that authority. IV. PROCEDURE Subd. 1. Each Party shall designate, and keep on file with the Sheriff, the name of the person(s) of that Party who shall be its Requesting Official and Sending Official. A Party may designate the same person as both the Requesting Official and the Sending Official. Also, a Party may designate alternate persons to act in the absence of an official. Subd. 2. Whenever, in the opinion of a Requesting Official of a Party, there is a need for Law Enforcement Assistance from other Parties, such Requesting Official may, at Hennepin County Chief's of Police Association Mutual Aid Pact -4- Updated: 4 - Updated: March 2009 24 their discretion, call upon the Sending Official of any other Party to furnish Law Enforcement Assistance to and within the boundaries of the Requesting Party, Subd. 3. Upon the receipt of a request for Law Enforcement Assistance from a Party, the Sending Official may authorize and direct Personnel of the Sending Party to provide Law Enforcement Assistance to the Requesting Party. Whether the Sending Party provides such Law Enforcement Assistance to the Requesting Party and, if so, to what extent such Law Enforcement Assistance is provided shall be determined solely by the Sending Official (subject to such supervision and direction as may be applicable within the governmental structure of the Party by which they are employed). Failure to provide Law Enforcement Assistance will not result in liability to a Party. Subd. 4. When a Sending Party provides Law Enforcement Assistance under the terms of this agreement, it may in turn request Law Enforcement Assistance from other Parties as "back-up" during the time that such Law Enforcement Assistance is provided. Subd. 5. Whenever a Sending Party has provided Law Enforcement Assistance to a Requesting Party, the Sending Official may at any time recall such Law Enforcement Assistance or any part thereof, if the Sending Official in their best judgment deems such recall necessary to provide for the best interests of their community. Such action will not result in liability to any Party. Subd. 6. The Requesting Party shall be in command of all situations where Law Enforcement Assistance is requested. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Party withdraws assistance. Subd. 7. A Sending Party shall demand no charges or costs for Law Enforcement Assistance rendered under this Agreement. Hennepin County Chiefs of Police Association Mutual Aid Pact -5- Updated: 5.Updated March 2009 25 V. LIABILITY Liability for Injury or Damage to Responding Party's Personnel or Equipment Each party shall be responsible for its own personnel, equipment and for injuries or death to any such personnel or damage to any such equipment. Responding personnel shall. be deemed to be performing their regular duties for each respective Responding Party, Worker's Compensation: Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or volunteers. Damage to Equipment: Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or volunteers. Liability for Injury to Third Parties or Property Damage of Third Parties The Requesting Party agrees to indemnify and defend against any claims brought or actions filed against a Responding Party or any officers, employees, or volunteers of a Responding Party for injury or death to any third person or persons or damage to the property of third persons arising out of the performance and provision of assistance pursuant to the Agreement. Under no circumstances shall a Requesting Party be required to pay, on behalf of itself and other parties, any amounts in excess of the limits of liability established in Minnesota Statutes. For instance, under no circumstances shall a City or County party be required to pay on behalf of itself or another party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for the parties may not be added together to determine the maximum amount of liability for a party. Hennepin County Chief's of Police Association Mutual Aid Pact Updated: March 2009 26 The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against the parties from a single occurrence to be defended by a single attorney. Nothing in this Agreement is intended to constitute a waiver of any immunities and privileges from liability available under federal law or the laws of Minnesota. VI. (EFFECTIVE DATE This Agreement shall become effective and operative beginning July 1st, 2009, 12:01 A.M., local time, for those Eligible Parties that have provided resolutions and executed documents to the Sheriff by that date. An Eligible Party may join the Agreement after July 1st, 2009, by providing the necessary documents to the Sheriff. This Agreement shall continue in force until a Party or this Agreement terminates under the provisions of Section VII. Upon the beginning date of this Agreement or any time after the beginning date that an Eligible Party joins, this Agreement shall supersede, replace and void for the Party the Joint and Cooperative Agreement for Use of Police Personnel and Equipment, dated 2001, that provides for mutual aid. The Sheriff shall maintain a current list of the Parties to this Agreement and, whenever there is a change, shall notify the designated Sending Officials. The Sheriff shall send a copy of each Party's executed signature page to all Parties of this Agreement. VII. WITHDRAWAL AND TERMINATION A Party may withdraw at any time upon thirty- (30) days' written notice to the Sheriff. The Sheriff shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties. Parties that have withdrawn may rejoin after executing the appropriate resolution and document. This Agreement will terminate when the number of Parties to the Agreement falls below eleven (11). Hennepin County Chiefs of Police Association Mutual Aid Pact Updated: March 2009 CITY OF ST. ANTHONY VILLAGE RESOLUTION 09-056 A RESOLUTION ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JULY 1, 2009 FOR THE HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION MUTUAL, AID PACT WHEREAS, the City of St. Anthony has previously approved and participated in a mutual aid agreement between the police agencies within Hennepin County to provide cooperative use of Police Personnel and Equipment; and WHEREAS, such agreement was most recently approved by the City Council on May 22, 2001; and WHEREAS, the participating governmental units have determined that it is advisable to clarify and update the language of that agreement. NOW, THEREFORE, BE PT RESOLVED, that the City Council of the City of St. Anthony, that the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and. Equipment, ("Agreement") dated July 1, 2009 from the Hennepin County Chief's of Police Association be approved; that City of St. Anthony is withdrawing from the previous Hennepin County Mutual Aid Agreement on the effective date in the new Agreement and that Joluil Ohl, Police Chief is authorized and directed to execute said Agreement on behalf of the City of St. Anthony as a participating of the Agreement. Adopted this 911, day of Lune 2009. AYES_____,,.____ NAYS____,_,ABSENT _ ABSTENTIONS Mayor ATTEST: City Clerk Review for Administration: City Manager L:ACouncil Meel ill gs\2009A06092009�eshcnnepiI) cry cooperaI VC IgreemenLdoc 27 om Report Date: Meeting Date: .P'i ,Q F,ST FOR CoyN'OIL CQMS4DERr'70 June 9, 2009 June 9, 2009 Agenda Section: VI. A. ITEM DESCRIPTION: Ordinance 2009-004; Text Amendment to Title XV; Section 155 Signs; Allowing Temporary Signs to be Displayed on Fences in the Recreational Open Space Athletic Outfields MANAGER'S REVIEW: The City Council heard the first reading of this ordinance amendment at the May 26, 2009 City Council meeting. From that meeting the following changes have been made: • (3) The signs can only be displayed in the confines of Palm Field. s (5) Limited to a maximum of eight (8) signs will only be allowed on the outfield fence between the foul poles of Palm Field. • (6) The Signs can only be displayed from April 1st to July 31st Also, enclosed is the information from the previous council packet for your review. In addition, on Tuesday, June 2, 2009, Eric Brever of Foster & Brever submitted a letter to request a tabling of the proposed amendment until a future date. The City Attorney advised that this is ok to do but requested that we set a date on when the second reading should occur so it's not just sitting out there for future councils to attempt to interpret. At motion could be to approve tabling the second reading until October 30, 2009 or whatever date make the most sense to the council. C' �knm� Michael Morn on City Manager Attachments: • Letter from Foster & Brever requesting tabling the amendment *Staff Report from May 26th Council Packet. • Memorandum of Clarification from St. Anthony Baseball Association • Ordinance 2009-004; Allowing Temporary Signs to be Displayed on Fences in the Recreational Open Space Athletic Outfields ZACouncil Meetings1200910609200%staff sign ordinance aMWILI ment.doc 29 u Foster & Brener, Pac Robert J. Poster (612) 436-3290 ATTORNEYs AT TAw Thomas E. Breyer (612) 436-3291 Eric B. Breyer (61,2) 436-.3294 June 2, 2009 Ms. Kim Moore -Sykes City of St. Anthony Village 3300 Silver lake Road St. Anthony, MN 55418 Re: Proposed Sign Ordinance Amendment Dear Ms. Moore -Sykes: This letter is to request an indefinite extension or delay of consideration for the proposed sign ordinance amendment on behalf of the St. Anthony Baseball Association and ISD #282. Given that other potential funding options for substantial field improvements have suddenly arisen, as voiced at last week's council meeting, it is our intention to further explore these potential alternatives before continued advocacy for the proposed amendment. We feel that, given the tone of the last meeting, we should explore all less -restrictive alternatives first. Since these potential options have only recently become available, there was no opportunity to seek such a delay until this point. We believe that an indefinite tabling of the proposed amendment would therefore be appropriate while these options are explored and, if these other options prove successful, we would support withdrawing the proposed amendment. We believe that denying the amendment outright would be unfair given the leg work and numerous parks commission, planning commission and city council meetings that we have gone through since late February. We hope that this matter should come to a resolve this fall, and would anticipate that the. proposed sign ordinance could be cleared by then. Do not hesitate to contact me with questions related to this request. Sincere , tl,>l 2, Eric B. Brever 2812 Anthony Lane South, Suite 200 • St. Anthony, MN 55418 Pax: (612) 788-9879 www.fosterbrever. corn STAFF REPORT To: Mayor, City Council Report No.: Mike Mornson, City Manager From: Kim Moore -Sykes, Assistant City Manager Date: May 26, 2009 Subject: Text Amendment to Title XV, Section 155 Signs; Allowing'Pempotaty Signs to be Posted on Fences in the Recreational Open Space Athletic Outfields (first reading) Requested Action: First Reading: Consider Proposed Text Amendment to Section 155, Sign Ordinance; to Allow'femporaty Signs to be Posted on Fences in the Recreational Open Space athletic outfields. Date Application Received: Prot)erty Address: 'Loring District: 60 -Day. Expires: Waiver Letter Required: Match 25, 2009 3303 — 33`' Avenue NE Recteational/Open Space rn/a N/A Yes Date Sent; No Future Action: Council Action, after three (3) readings of the proposed language amendment to allow temporary signs posted on the outfield fence of Pahn Field. Background: Mr. Eric Brever, Esq., representative for the ISD 282 and St:. Anthony Baseball.Association, has appeared before the Planning Commission in a public hearing requesting that the City's Ordinance be amended to allow the School District 282 to be able to post temporary commercial signs on the outfield fences in Palin Field. The Planning Commission gabled the public hearing to May 19, 2009. Mr. Brever also attended the May 19, 2009 Planning Commission meeting. Staff received a written request dated Marsch 25, 2009 from the Superintendent of Schools, asking that the City consider amending the language of Title XV, Section 155, Sites (formerly Chapter 14) " ... to allow for the installation of signs with advertising on the varsity baseball field as a means to generate income for field improvements" (letter dated Marsch 4, 2009, Rod Thompson, Superintendent: of Schools) .'Phis request would also require consideration of amending the following Sections: Section 155.21 GENERAL REQUIREMENTS, (D) Tlacement of Signs, which states that, "No sign, or attachment to it, may be erected, placed or maintained by any person on rocks, fences, or trees, nor: in such a marmot as to interfere with any electric fights, power, telephone or telegraph wires, or the supports thereof"; Section 155.22 PROHIBITED SIGNS., (13)(13) Signs Affixed Utility Poles, tnd_Fences. Signs painted, attached, or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to utility poles, bridges, towers, fences or similar public structures; and staff Pahn field Ord Text Amendment Section (B)(21) Off -Premises Signs, which are defined as a commercial speech signs which direct the 31 attention of the public to a business, activity conducted, or product sold or offered at a location not on the same premises where such business sign is located (155.03 DEFINITIONS). Recommendation: The question is whether or not to amend the Ordinance to allow temporary signs posted on the athletic field fences in Central Park of a commercial, educational or philanthropic nature. The Planning Commission considered the following proposed language change: Subject to the approval of die City Council, and as a conditional use, and educational ornon- profit institution may post signs displaying commercial, educational or philanthropic messages or: walls or fences located around sports fields, subject to die followingrninifmmn conditions: 1. Signs must face inward, toward the playing field; 2. Signs shall not be permitted to flash, contain any animation or internal iUunnmation; J. Signs may not be erected within 250 feet of residential district; 4. Individual signs cannot exceed 60 square feet in surface area; 5. Aggregate sign area cannot exceed 15% of the fence or wall area surrounding the field or a cumulative of 500 square feet total, whichever is less; and 6. Signs may be displayed for up to six months per calendar year. The public hearing tabled from.April 21, 2009 was reopened and continued at. the Planning Commission meeting scheduled on May 19, 2009. The Planning Commission again took testimony frons the representative for the ISD 282 and asked for comments from the audience. No one stood up to speak for or against the proposed amendment to the City's Sign Ordinance. The public hearing was closed and a motion was made by Cominissioner Jensen, seconded by Commissioner Cincoski to recommend approval of the request to amend the language of the City's Sign Ordinance to allow the positing of temporary sighs on the outfield fences of athletic fields in Palm Field and the above suggested language. The vote to recommend approval was 5 yea; 1 nay; Conunissioner Chaput: was absent. Attachments: ® Letters from Superintendent of Schools: March 4, 2009 and March 25, 2009 o Site Map o Memorandum of Clarification; Etic Brevet, Esq. • Ordinance 2009-004; TextAmenchnent to Title XV, Section 155 Signs; Allowing Temporary Signs to be Posted on Fences in the Recreational Open Space Athletic Outfields. stallPatin idem Ord Text Amendment 32 - memorandum of clarification with regard to the: Proposed Ordinance. Amendment t Anthot&Baseball AssodatizralISD4282 i. introduction, This moritorandum is to address various concerns voiccd at the April 21, 2009 St. Anthony Planning Commission meeting by members of thce Commission and Residents. This memorandum will clarify each provision of the proposed amendment and discuss the St. Anthgriy Baseball Association's position,411 coordination with ISJI #282. IL Ordinance, Text. Subject to the approval of the City Council, and as a conditional use, an educational institution maypostsigns displaying commercial, educational orphilanthropic messages on walls orfences located around sports fields, subject to the following minimum conditions., 1. Signs mustface inward, toward the playingfeld; 2. Signs shall not permitted to.flash or contain any animation; 3. Signs may not be erected within 250 feet of a residential district,- 4. istrict;4. Individual signs cannot exceed 60 squarefeet in surface area; 5. Aggregate sign area cannot exceed 15% of the fence or wall area surrounding the field (or a cumulative o(500 square foot totalwhichever is less. • and 6. Signs must be of a temporary nature (Signs ma by e disiolaved for no to six months per calendar year), (Underlined text added by voice amendment at 412112009 meeting). I1h Analysis a. SuGiect to the approval of the city council, and as a conditionaluse... This provision provides that any plan for use of the signs contemplated in this process would be as a Conditional Use,. The Conditional Use process permits the City and the Public the opportunity to take particular scrutiny as to any specific sign usage. Because of the ability to examine any particular plan for sign usage under this process, it is generally acceptable to allow a significant range of options and flexibility under the ordinance and allow for refinement through the conditional use permit process. Many cities use the conditional use permit process to enable situations similar to this whore the concepti itself is generally acceptable but allows the City to maintain control over the practice. As such, the discussion and allegations that seemed to dominate the April 21, 2009 meeting may have been Beyond the scope of the proposed ordinance. SARA cannot be expected to have a detailed plan for proposal at this stage, since, as discussed at the March 17, 2009 meeting, without this ordinance amendment, there appears to be no proper avenue for even bringing such a plan before this body. Therefore, it al5lrears that the proper a 1d annrouriatg scope is not to discuss the specifies of the t11an; .,arbor, whether the proposed ordinance amendment is apli oxil ate to enable such a than to be brou rht forth. 33 b. ...an educational institution... This portion of die Ordinance :Amendment limits any such groups wishing to propose such conditional use specifically to educational lnstitutiQns, ifas would prevent any colo ereial entities or other civic organizations fromundertalriog this process, It may be preferable; in view of tie potential usage of signage at events such as hillagefest, to expand the class of eligible organizations' to all nonprofits. However, such is at the discretion of the Planning Conitirission to make such an extension, c. ...may post sign& displaying commercial, educational or philanthropic messages,.. This portion limits the use to general, nonpolitical speech, and Should generally discourage any potential use for controversial issues, d. —on walls or fences located around sports fields, subject to the following minimum conditions.,. This prevents the potential erection of freestanding or unsupported signs and monuments, and envisions usage by attachment to chain-link or buildings itself that are located on or around a sports field. In particular, this would restrict usage toward baseball and football facilities and. potentially tennis courts and hockey rinks. It is unclear whether or not this would include any park facility such as the pavilion, and usage of the term "fields" may not include a hockey rink or a tennis court since those areas are not necessarily "fields". e. .Signs mustface inward, toward the playing field,.. This would require the signs to be. directed toward the field of play and not at the general public areas of the parks, While the general design of the parks may allow for the visibility of some signage from public areas, this ensures that no organization can seek to use the ordinance as a public "billboard" beyond the scope of the athletic facilities itself. f Signs shall not be permitted to flash or contain any animation... This section prevents the use of electronic scroll displays or "videoboards" from being brought under this ordinance. It was suggested at the April 21, 2009 meeting that this section be clarified to ensure that there was no illuminated signs being utilized under this ordinance. The applicants herein agree with such clarification and would suggest this section be modified to read "Signsshall not be permitted tofash or contain any animation, or be independently illuminated. "This proposed 34 modification would include both frontlit and backlit signs, but wouldvot exclude signs that would be visible resulttug from the surrounding lights, such as surrounding the football field g. ,dens may notate erected within M feet of a residenital d€sNot.. , This section is to ensure that any such signs would be erected as far away from. Residential Districts as possible so as to avoid ally inconvenience or unsigintliness to the homes and residences in the City. As discussed at the April 21, 2009 meeting, there were some concerns about the 250 -foot setback requirement as to how they imparted the baseball field and football held. The baseball field outfield fence is XXX feet away from the nearest residential district, so that meets this threshold without a problem. However, the football field fence is XX feet away at its neatest point (the Southeast corner) to a residential district; at the northernmost point, the fence is only XX feet away fi-om the residential district. However, on the Western edge fence (the more desirable from a spectator visibility standpoint), the fence is significantly more than 250 feet away irom the residential district, as the football facility is at least 250 feet wide. This limitation (as written) will .likely prevent the use of signage on the tennis court and hockey rinks in the City as they are within that 250 foot restriction. Given these realities, we suggest a smaller setback requirement and allow the Conditional Use process to examine the viability of a particular use. There may be some instances of acceptable signage on these facilities, yet any unacceptable signage could still be prevented. However, by keeping the 250 - foot setback, any future propose signage on those facilities would require an ordinance change similar to the current process. h. Individual signs cannot exceed 60 square feet in surface area... This section is to prevent signs from being too large and to exclude the possibility of "billboard" type signs from ever being proposed. ']'here was concern at the April 21, 2009 meeting regarding a 60 -square foot sign as being too large of a space. A 60 -square foot sign is equivalent to a 5x12 or a 6x10 foot sign. Noting that the baseball field fence is 10 feet in height, and the football field fence is 8 feet in height, such a sign would not necessarily even cover the entire fencel Considering that one of the proposed uses may be for visibility at either the baseball field or a football field, the sign would be intended for viewing at a distance of 250-300 feet distant. According to the United States Sign Council, whose recomrrnendations are used by numerous states' transportation departments, a sign letter's height should be in a ratio of 1 inch high per every '10 feet of optimal viewing. Thus, a sign intended to be viewed at a distance of 250-300 feet should have letters approximately 25-30 inches in height. Using a ratio of 4 inches of height to 3 inches of width (including space around the letters), and assuming a letter height of only 24 inches, each letter should take up 18 inches of width. That means the word "HUSKIES" would utilize (adding a space on the front and back) a total of 9 character spaces, with each 35 character having a width of 18 inches, and would yield 153 iuohes--or,19 ladies beyond the S ize of 5 x 12 sigal It is our position that the flexibility fbr a .long and Bartow sign should not be restricted by the ordinance and should instead be regulated through the Conditional Use process. Given the above example, there may be situations where a 4 x 15 foot sign conveying a horizontal phrase may be appropriate and desirable, however, limiting such sizes at the ordinance level seems off- putting ffputting and unduly burdensome, considering the formalistic process for those situations where it should lie appropriate. Where a particular plan seeks to use such a large horizontal sign, it can be considered and discussed by the Commission at that tinge and on the merits of such a plan, However, given the spaces and distance under, examination, a 5 x 12 foot sign for a horizontal message is not beyond reasonable --and any particular use would, again, be subject to the Conditional Use process, i. Aggregate sign area cannot exceed 15% of the fence or wall area surrounding the fieldora cumulative o 500 square loot total whichever is less: d, This section makes the Ordinance Amendment consistent with other sign ordinance provisions restricting total. signage space to a percentage of the wall area, mid the additional portion (added verbally at the April 21, 2009 meeting) adds a further limitation to the size of the signs in question. This provision would allow ten 50 square foot signs (which, in a 5x10 dimension variety, would cover 100 feet of horizontal space—or substantially less than 1/3r1 of the entire outfield horizontal fenceline of baseball field and significantly less than 1/6it` of the total outfield wall area—and less than 35 yards worth of space along the football field fence). It is our position that the 500 square feet limitation is a condition best added its part of a conditional use, as, in some instances, signs may serve to block the visibility of other signs from public areas. In the case of Irondale High School, community -sponsored signs encircle the entire football stadium and those block the view of signs on the other end of the field from those outside the stadium. Failure to leave this option open for a conditional use permit could result in an inability to even considor this potentially desirable' feature from ever occurring. j. Signs must be of a temporary nature (Sims may be displaved or up to six months per calendar veari. This provision ensures that no erected sign will be permanent or be posted year rotund. Such a feature will ensure the signs remain temporary in nature and, again, prevent these from being "billboards". It is our position that either phrase is appropriate, but we suggest that the latter phrase may be more precise and "clean" and present a time limit as to the maximum posting of any sign in a calendar. Again, it should be noted that further limitation as to a time limit could occur as a part of the Conditional Use process—which could, for example, limit any sign posting to August through November for purposes of the football field. 36 IV, Funaraisiug As discussed at tho April 21, 2009 Public Hearing, Schools and Athletic Programs axe required to be more creative to keep pace with the funding of their distinct programs. Unfortu aately, St. Anthony is not exempt ftotp. this situation. In order to continue to provide a reputable youth and high school athletics program available for all children, combined with ofTering the opportunity for lifelong athletics, SAVHS and the Sports Boosters, in coordination with orgauizatious such as S A,BA, need to look to the greater community to fundthese endeavors so as not to unfairly levy taxpayers for these charges. While the individual athletic programs perform a variety of fundraising from "Gold Cards" to bake sales and car washes, by itself the budget cuts have continued at a rate faster than the fundraising can keep up with, Tho signage method has been successful in other towns- hm fact, its nostalgic feel has been a drawing point to other small towns rural and suburban, given the popularity of "Town Ball .Baseball' —and could assist St. Anthony to be considered a part of these unparalleled conummities. Because of the unique circumstances and times we are wider, and because of a lack of any track record, it would likely riot be fair at this point to require a cap on fundraising. Tobe sure, it is not likely that a signage program will anytime soon produce sufficient funds to run an athletics program—and if it did, such would not be, a terrible problem to have. However, it is anticipated that the Conditional Use process would requite a presentation as to how the funds would be used for a particular signage program. Therefore we oppose any cap on finndraising since it is not likely that the signage program will produce funds in a range that would necessitate such a cap. Furthermore, the desire here is to enable local businesses to be involved—and given the cost limitations that Local businesses have in their advertising budgets, a cap would not be, helpful. V. Conclusion This Ordinance Amendment would provide sufficient flexibility in allowing signage commonly found in other communities supporting local athletics, yet forbidden by St. Anthony's Code, While at the same time ensuring that any signage utilized through the Amendment is appropriate and respectful considering its circumstances. This Ordinance Amendment is merely the pathway to allow signage to be; erected, and is notthe, destination itself—it is the doorway that would eliminate signage that never would be acceptable. Approval of this Ordinance Amendment will not yield carte blanche for the School District to start placing commercial signs around its athletic facilities; rather, it will allow only SABA to present a plan for a signage program for consideration under the Conditional. Use process through the Planning Cornmission. Thus, we encourage the adoption and approval of tilos Ordinance Amendment, as we believe it in the best interest of the Commuuity, and any potential drawbacks are still protected by the Conditional Use process. 37 Rosped idly Subtnitiod, Eric B. Hrevex, Er q. St, Anthony BasobaltAssociarion Tl Qy Wahl St, Anthony Villap i-iigh School CITY OF ST. ANTHONY VILLAGE ORDINANCE NO. 2009-004 TEXT AMENDMENT TO TITLE XV, SECTION 155 SIGNS; ALLOWING TEMPORARY SIGNS TO BE POSTED DISPLAYED ON FENCES IN THE RECREATIONAL OPEN SPACE ATHLETIC OIJTFJELDS Section 155.29 DISTRICT SCHEDULES (3) Subject to the approval of the City Council, and as a conditional use, temporary signs displaying commercial, educational or philanthropic messages on walls or fences located around sports fields, subject to the .following minimum conditions: (1) Signs must face inward, toward the playing field; and (2) Signs shall not be permitted to flash, contain any animation or internal illumination; and (3) Signs may net be erected within 2-5feet o€ tresi' a d tr4et the southeast quad of Central Park baseball field known as Palm Field;the-cenfines-of-P-altn-Fields-as designated -by -the -Cit y-niap; and (4) Individual signs cannot exceed 60 square feet in surface areas and total signage not to exceed 500 square feet; and (5) Limited to a maximum of eight (8) signs will only be allowed on the outfield fence between the foul poles of Palm Field; and (6) Signs may be displayed for-up-to-six-morMi"er-ealendai--y(, • from April I" to July 31st. These ordinance changes shall be in full force and effect upon passage by the City Council and publication of the Ordinance or a Sunnnary thereof in the City's official newspaper. First Reading: May 26, 2009 Second Reading: Adopted: Mayor ATTEST: City Cleric City of Ste Anthony, Minnesota 2008 Audit Review June 9, 2049 Presenter: Peggy A. Moeller, CPA use ,��„y,yy ' � Twlgaa Redeath. Ltd. Reports Issued Comprehensive Annual Financial Report Report on Internal Controls Communication With Those Charged with Governance ', wntadRLO �x�w4-.a Audit Management Letter State Legal Compliance Report T—tp . it ds th. Ltd. 39 FAnnual Financial Report ♦ Financial statements are the responsibility of management ♦ independent auditor's report on the fair presentation of the financial statements ♦ "Clean opinion" on the 2008 financial statements IlwnaaHl9 t+wn+� ,� � Twt9• 110dPwtll., Ltd. State Legal Compliance Report ♦ Required by Minnesota Statute §6.65 ♦ OSA established a task force to develop audit guide for legal compliance ♦ Audit guide covers seven categories 1) contracting and bidding 2) deposits and investments 3) conflicts of interest 4) public indebtedness 5) claims and disbursement 6) other miscellaneous provisions 7) tax increment financing ♦ No compliance findings y�,gry �q,g ty pay 4 1\�Twtgs Redpath, Lea. 41 Report on Internal Control ♦ Consideration of internal control as a basis for designing audit procedures. No opinion on internal control. ♦ Significant Deficiency defined as "a control deficiency that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with GAAP, such that there is more than a remote likelihood that a misstatement of an entity's financial statements that is more than inconsequential will not be prevented or detected" 0 Material weakness defined as °a significant deficiency or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected." u.vewxh�gvanxmx � � Teetp�ee RedPalh. ltd. Report on Internal Control !Four deficiencies reported *The deficiencies are listed in the Internal Control Report. ♦ Finance Department is in the process of reviewing the findings and taking corrective actions. ,: Wm[wd 0.g ffvemx 6 Teutpee pedPath. Ltd. W 2007 Findings ♦ Legal Compliance - cleared in 2008: — Lack of resolution accepting donations ♦ Internal Control — Findings repeated In 2008: Lack of segregation of duties Oversight of financial statement preparation Financial statement misstatements — Findings Cleared in 2008: Disbursement approval • Lack of evidence for Journal entry preparation Capital asset depreciation calculation errors Implementation of Internal control Approved access to City assets 29(}5-20088 dingo IrtmulfmaM lagil \Irewl SipNu4n1 T'xr Canvlimc. WnYm• Rf 'en Tool At95 1 ] 4 6 p06 (n.• nmd+N, 1 2 T 9 to q M71 3 6 B ]DP8 P ) S 4 1 y�tra M.B F, o,y 7 @ T- , N4+4ps4h,. Lod. Management Letter General Fund: — Fund balance increased $2,145 during 2008. Fsva4bk Final ([:n4ivoubl.) e08ed A-1 Nlw A4vmua 54.613.600 51.673.423 s313 E,pidi— 4.939.300 4.918.478 � 1.822 Nd iMrtsx (dareax}in fuM balsne. (256.Tp0) (154,555) 2145 Tnnsfnaf noMnlbMs 335,0W 725.0W Tnnvfas w Pta f ds (60.3001 168.1041 N. dung. in emcee) Fvnd Ml— 10 61.145 52145 w..6.xarka M«nrmw 8 M T4 fg— a.dp-h, ud. 43 Management Letter Fund balance at December 31, 2008 was $1,440,504. W+W dnte M�eu�my g ! Trrrtge�R+dP�th. ltd. Management Letter —An allocation of General Fund balance at December 31, 2008 is as follows: Ycar Iona.[ Inc (Duro—) 2003 $I, 142,047 1,296,299 2004 1,175,965 $31 R 2005 1,187,719 43,755 2006 1,282,22594,506 2007 1..45x.359 156.174 20W 1,440,549 2,145 W+W dnte M�eu�my g ! Trrrtge�R+dP�th. ltd. Management Letter —An allocation of General Fund balance at December 31, 2008 is as follows: --dnsatn.mrcw 10 0T tg.. Rudo�h. ltd. Rcscr od far prepaid items $51,245 Designated: Working capital 1,296,299 self invI.1-resent 65,040 U,Plo} mcnl rescn 29,000 Undesignated Total fund balwco $1,440.504 --dnsatn.mrcw 10 0T tg.. Rudo�h. ltd. Management Letter — The fund balance available at December 31, 2008 is sufficient to meet the City's policy for minimum fund balances as follows: 2009budget 53,277,400 Lev: —Water and Sewer Enterprise Police senqoca to other cites (994.600) Net 200`9 budge -0,282,800 Minimrlm balance 30% City unwoun uo6ing cep l l fund b.1— $1,284,840 A.-uu available at 1213M8 51,296 27) Actual M-1 of b,.*l 34.27% u. _dRe sa— 11 f T -49x Rlddp*ft UA. Management Letter —Water and Sewer Enterprise Fund: • Water operations for the past four years is as follows; '1 rwAM r+rte^� S'a9AM T6hAii6 AWAJO r9-'4+a4a iWAM SUOA40 �Aw � u9aAai saooAM uwAM ilA0A0a a1bAM i1MfW 1VUM S rwAM 41cAm b!0.M0 - 1fr4.0P0 Nr0.000 {!MAID 4+M,MD sa!o.ao sxo.Mo s:�lvno 9_YVAM 41!OAM 11M.900 f90A60 i — — — ba' _fAa • The city increased water rates effective January 1, 2006 and 2007. i Ilisbaref lnB awmranr 12 1 r.wg.a p•do•sn, ua. 45 Management Letter — Liquor Fund: • 2008 net income before transfers is $400,422. • An analysis of 2008 activity is as follows: W," ,�FnlaFev 1000 I NrwM PaPm,— � P¢,m Opma�eg,nmuca ,S.S]&Tat IOp O% il,lig9i3 IWP.i !l,359,T31 3000!i Cbp Mpel, wdl T,i1x906 1 xA331 1p Ta a.IN.sle ]6 rh Giro, maryn 14:Fi 161Salk 1,ail,113 UY4 [FMryeruyrapvxn 119.lai 1% 7 .— 16aV1 5,2N,110 16 N: ltv, rce,re Oaa a9Pl�liee+ Sxl.(M IT,9!i 1oow --26 abtll 6Y,F Nx JdNry¢nmxa 10 I'D zoxul n1.a9s3 c9Vi1. �ti ,_„ soa•..� Lsme Mu< ,x�T533 �bn ,lexvn �� 6r+ u«�.9ralxa rx,m.lar 14 rw,®.. rtsalz.eN, ua. Management Letter — Water and Sewer Enterprise Fund: • Sewer operations for the past four years is as -follows: 9199L09 ,e.PmF ,IP/F99 F There was no change to sewer rates in 2006, 2007 or 2008. F'�FroaNAe Ferin,.wi 13 � Te�eyra %.ap.eN, l,d. Management Letter — Liquor Fund: • 2008 net income before transfers is $400,422. • An analysis of 2008 activity is as follows: W," ,�FnlaFev 1000 I NrwM PaPm,— � P¢,m Opma�eg,nmuca ,S.S]&Tat IOp O% il,lig9i3 IWP.i !l,359,T31 3000!i Cbp Mpel, wdl T,i1x906 1 xA331 1p Ta a.IN.sle ]6 rh Giro, maryn 14:Fi 161Salk 1,ail,113 UY4 [FMryeruyrapvxn 119.lai 1% 7 .— 16aV1 5,2N,110 16 N: ltv, rce,re Oaa a9Pl�liee+ Sxl.(M IT,9!i 1oow --26 abtll 6Y,F Nx JdNry¢nmxa 10 I'D zoxul n1.a9s3 c9Vi1. �ti ,_„ soa•..� Lsme Mu< ,x�T533 �bn ,lexvn �� 6r+ u«�.9ralxa rx,m.lar 14 rw,®.. rtsalz.eN, ua. H-1- gement Letter —.Liquor Fund: • Operating Expenses — Operating expenses for the past five years have been as follows: r u«�e.rrrlRe s9.mwmsl 15 r T9,utga� R�tlwcT, I.M. Management Letter ♦ HRA — Total HRA Fund balance is $1,983,637. The fund balance in the various accounts are as follows at December 31, 2008: FuM Percept or mos Year A1N i City Sute Avg. 2004 367$419 IT.S% 17.945 2905 854,207 16."1 17.9% 2906 929,338 14.955 1& 2007 985,377 15.9! 1B.6% 2009 1,049,110 14.5% Wt A.eH.W r u«�e.rrrlRe s9.mwmsl 15 r T9,utga� R�tlwcT, I.M. Management Letter ♦ HRA — Total HRA Fund balance is $1,983,637. The fund balance in the various accounts are as follows at December 31, 2008: 1 aatl w.R uaunxovll 16 1 TwSs9.0 R._- Ltd. FuM ,Wd (D,W) CAFT1 CAM YUH 11,31,08 Swemeu EW.Ik G_,W HRA(.PMJ_+ ,NM) $13,038 8lsleme,. 12 D,W S Mn: I91KAAp M (Cub Fuads.) 615.509 EYl L I M, F.aeilBice Rere—B-d, aa7,680 E ibitI 11F Revenue liw,ds 2006 Ev 'L1 TIFR­ HuMs2007 1101 EAAhI T.A HRAI bl S—ix 1.063,179 Sweme.,11 II RA Pro)n : CTWRr F3 Ke TIP (78191 ES ibit3 Apu (WA -Sl.) TIF 871,453 Exeibit3 IIRA 04e PMje<4 3&616 E i6n3 Tdd I I RA Froje�tl. 907.400 5lmamenlI Tote111RA $1,983,617 1 aatl w.R uaunxovll 16 1 TwSs9.0 R._- Ltd. 47 Communication with Those Charged with Governance ♦ Required communications: - Audit firm responsibilities under US audit standards - Planned scope and timing of audit - Significant audit results - Difficulties encountered in performing the audit - Corrected and uncorrected misstatements - Disagreements with management -- Management representations - Consultations with other auditors - Other audit findings or issues 4•npwdKB YkwnMwM 17 �TwtWRWPL1Ihr Ltd. Communication with Those Charged with Governance — Other Matters • Certificate of Excellence in Financial Reporting received for 2007 CAFR • City will be implementing GASB Statement No. 45, Accounting and Financia! Reporting by Employers for Post Employment Benefits Other Than Pensions, during 2009. yyypyd�LL ra�my ,�� � Twtp•• RW path, kRd. AL W AM & Assxlares, Inc. Infrastructure ® Engineering ® Planning a Construction June 3, 2009 The Honorable Mayor, City Council and Staff c/o Michael Mornson City of St. Anthony Village 3301 Silver Lake Road NE Minneapolis, MN 55418-1603 Re: Resolution 09-057 2010 Street and Utility Improvement Project St. Anthony Village, MN WSB Project No. 1626-46 Dear Honorable Mayor, City Council, and Staff: 701 Xenia Avenue South Suite 300 Minneapolis, MN 554 iei: 763 5414000 Fax: 763 541-1700 Attached for your consideration is a resolution ordering the preparation of the 2010 Street and Utility Improvement Project Feasibility Report. The project consists of street and utility reconstruction in cooperation with the Cities of New Brighton and Roseville. This project proposes to improve: I . Street and Utility Reconstruction ® Silver Lane from Silver Lake Road to New Brighton with participation from New Brighton 2. Bituminous Mill and Overlay Old Highway 8 from Highway 88 to 33`d Avenue NE ® Highcrest Road from 33" I Avenue NE to 37°i Avenue NE with participation from Roseville 3. Sidewalk and Street Lighting Improvements Silver Lane from Stinson Boulevard to Oakwood Drive in New Brighton Maps showing the proposed street improvements in 2010 are attached, along with a proposed schedule for your consideration. If you have any questions, I will be present at the June 9, 2009 Council Meeting to discuss those with you or please call me at 763-287-7182. Sincerely, WSB & Assoclotes,Trac� Todd E. Idubmer, PE City Engineer Attachments Minneapolis f1 Si. Cloud L=qual 1')1)1)01 CLQIIy I:drnployer 1� CIA dr j IT ! .`� a 4W NEW T, L LOW Cir F K 1� ui VO--. E % -- - I, '0 1 r-, A- % -4-*m7- Ow. OV A *% Opt, Legen N U Street Improvements 37t MM N E Parcels Affected all) tho 2010 N w Sgrea�,, and Ufflity improvenu(-,,nrs A Feet WSR C,-,np'ftaf Mapravc byPOW Man 0 500 Y11 VI/-, Downers DAF croft Cir L; r % No '4k I r 33rdWve-ME Aim a Ch a klilEdta`NE Ada, 11V Ate 4V Nft. AV 7 Jr r 1b, Af. 4 NEI 4. c t. 5 16V Tr� I V�- e ME Ak. Ami ou C( tLegend Mill and Overlay r -o 7 5 ain kthOny 201 G 14 V 1'r E W* - WIS8 vl% I hal Alffil Find OveHay Feet hmprove-l"Hewt Rom 0 525 t � a i ,F . 'IZI r I •�'31h+er Le •1 � �f X11it Y � tom• � F• � ~ , f }+ � � �* , +�.".mob.- _ 7 ! m) �� r . �� '•• a � �,,' ! 1 jp391h Ave.NEl' �~ M�. } p..'- ,: �p� ;�i _ _•t ,._4,co�° / _ . R' IV C ]7 { : : N Meth Ave NEVVP : .... .. , ,I - ., • s. � - a a _ �. Vk 7l:tirAveNE> , a +r++t• }: _ }37tAvelNEf .L..xx• 4 :^=Q.,alei..— ___d - r.-� :a ERd. SelrsarO Rva.NErrdi "- f h !N, .•. WF .7l eM 1W,ikON Rn �'► lyT. .::�+' -at ( itsP ""t S . t' r� - 1 Sidewalk & Street Light Improvements 201 N ain ANl�t � e r n 1.� Sedewafli and Street Legh ._- . --1 Feet W �' ° 52 PROPOSED 2010 STREET AND UTILITY RECONSTRUCTION PROJECT SCHEDULE Task Proposed Completion Date 1. Order Feasibility Report...................................................................................... June 9, 2009 2. Accept Feasibility Report and order plans and specifications ............................. August 2009 3. Hold neighborhood meeting.......................................................................... September 2009 4. Approve plans and specifications, and order ......................................................October 2009 Advertisement for Bids 5. Receive bids, compute assessments................................................................ December 2009 6. Approve three resolutions on improvement hearing and ................................... January 2010 Special assessments 7. flold second public information meeting.......................................................... February 2010 8. Hold public hearing for project and assessments, award bid, and .................... February 2010 call for bond sales 9. Award sale of bonds.............................................................................................. March 2010 10. Begin construction................................................................................................... May 2010 11. Substantial completion of construction.......................................................... September 2010 12. Certify assessments to county auditor.................................................................. August 2010 13. Final completion of construction............................................................................. June 2011 CITY OF ST. ANTHONY RESOLUTION 09-057 A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR 2010 STREET AND UTILITY IMPROVEMENTS WHEREAS, the following improvements are proposed: 1. Street and Utility Reconstruction ■ Silver Lane from Silver Lake Road to Oakwood Drive in New Brighton 2. Bituminous Mill and Overlay ■ Old Highway 8 from Highway 88 to 33`d Avenue NE ■ Higherest Road from 33" d Avenue NE to 37`x' Avenue NE 3.. Sidewalk and Street Lighting Improvements ■ Silver Lane from Stinson Boulevard to Oakwood Drive in New Brighton WHEREAS, a portion of the cost of the improvements are to be assessed to the benefited properties, pursuant to Minnesota Statutes Chapter 429. NOW, THEREFORE, BE IT RESOLVED, of the City Council of the City of St. Anthony: That the proposed improvement be referred to WSB & Associates, Inc. for study and that they are instructed to report to the Council with all convenient speed advising the "Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted this 9°i day of June , 2009. ATTEST:_ City Clerk Reviewed for administration: Mayor City Manager (V :onesunt ... ..II—.LS'p.T,I—,ba"n.I Id, 1OK1>1R"21), Of", 1, I{d, 53 MEMORANDUM DATE: June 3, 2009 TO: Mayor and Councilmembers FROM: Mike Morrison, City Manager Roger Larson, Finance Director ITEM: MARKET VALUE CREDIT/2009 BUDGET CUTS To help balance the State of Minnesota's budget deficit, the Governor's proposal includes cutting Local Government Aid and Market Value Credit to Minnesota Cities by 5.05%. If approved by the Legislature, the impact to St. Anthony would be a loss in Market Value Credit of $133,200 (the City has not received LGA since 2002). Anticipating the loss in Market Value Credit, the City Council directed Staff to examine their budgets and provide input on how to remove $13 5,000 from the budget. At the February 4th work session, Staff presented the removal of the Sewer Jetter from the Capital Equipment Budget ($150,000). Council expressed concern that it was not fair or prudent to penalize only the Public Works Department and wanted Staff to look at all areas of the budget. At the March 31St work session, Staff presented four options to the City Council: Option 41 - Cut the Capital Equipment Budget by $135,000 Option 92 - Cut the General Operating Budget by $135,000 Option #3 - Increase Taxes/Liquor Revenues by $135,000 Option #4 - Combination of Options #1, #2 and #3 At that meeting, the City Council directed Staff to have the cuts affect all Departments and could come from a combination of reductions to the General Operating and Capital Equipment Budgets. Their direction included goals to maintain the current level of service, continue to improve the efficiency of operations and the need to define the risks associated with the cuts. At the May 4th work session, Staff presented its recommendations which included reducing the General Operating Expenditures by $52,700 and eliminate or defer Capital Equipment purchases by $82,300. A summary of the adjustments is as follows: 1) General Government 2) Police 3) Fire 4) Public Works Total General Capital Operating Budget Equipment $15,300 $18,300 $11,000 $30,000 $ 7,100 $27,000 $19,300 $ 7,000 $52,700 $82,300 54 At the June 1St work session, the City Council discussed the impact of the budget cuts 55 and the deferment of capital equipment purchases. The adjustments to the budget include reductions or deferments to: • Sister City Participation • Communications • Code Enforcement • Training/Education of Employees • Travel/Conference (League of MN Cities/1CMA) • Part -Time Summer Help • Reductions in Legal Services Budget • Eliminate or Defer Capital Equipment Purchases The attached materials represent a summary of the cuts and deferrals made by all Departments. Recommendation: Staff is recommending approval of Resolution 409-058 reducing the 2009 General Operating Budget by $52,700 and the Capital Equipment Budget by $82,300. The "Revised" 2004 General Operating Budget now totals $5,224,700 and the "Revised" 2009 Capital. Equipment Budget now totals $317,700. AR 2009 Budget Cuts 06/01/08 Amon Total City Council Reduce Minute Taker Budget 101-40100-321 $1,000.00 League of MN Cities - Conference 101-40100-341 $1,500.00 $2,500.00 Public Relations Reduce Sister City Budget 101-40150-341 $1,200.00 $1,200.00 General Management City Manager's - ICMA Conference 101-40200-341 $1,500.00 $1,500.00 Elections Reduce Printing Costs 101-40400-334 $400.00 Reduce Administration Costs 101-40400-337 $200.00 $800.00 Finance Defer Office Equipment 101-40510-224 $500.00 Reduce General Supplies Budget 101-40510-226 $500.00 Discontinue Certificate of Excellence 101-40510-321 $1,000.00 $2,000.00 Assessing Reduce Assessing Budget 101-40530-320 $2,500.00 $2,500.00 Legal Reduce Consultant/Legal Budget 101-40600-320 $5,000.00 $5,000.00 Emergency Management Defer Printing & Publishing Costs 101-41000-334 $300.00 Reduce Training/Conferences 101-41000.341 $1,000.00 $1,300.00 Police Overtime - Regular 101-41100-111 $1,000.00 Reduce Overtime - Court Budget 101-41100-117 $1,000.00 Reduce Communications Budget 101-41100-331 $7,000.00 Reduce Training/School Budget 101-41100-341 $1,000.00 $10,000.00 Fire Reduce Code Enforcement Costs 101-41200-116 $2,000.00 Defer Ventilation Equipment 101-40510-224 $800.00 Reduce Fire Prevention Supplies 101-41200-225 $500.00 Reduce Consultant Fees/Testing 101-41200-320 $2,000.00 Reduct Other Services Budget 101-41200-321 $500.00 $5,800.00 Animal Control Reduce Services Budget 101-41900-320 $1,000.00 $1,000.00 Public Works Delayed Hiring - PIW Superintendent 101-42000.110 $7,300.00 Reduce Seasonal Help - PIT 101-42000-112 $8,800.00 Reduce Repl@cemenUStreet Signs 101-42000.224 $1,200.00 $17,300.00 Tree & Weed Care Reduce General Supplies Budget 101-43100-226 $500.00 $500.00 Parks Reduce General Supplies Budget 101.45500-226 $1,500.00 $1,500.00 $52,700.00 Capital Equipment: Police $30,000,00 Fire $27,000.00 P1W Equipment $7,000.00 FinancelAdministration $18,300.00 $82300.00 Total General Fund/Capital Equipment F $135,000.00 57 GENERALFUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE General Operating Budget REVISED CUTS REVENUES 2007 2008 2009 2009 2009 ACTUAL ACTUAL BUDGET BUDGET BUDGET Property Tax - Levy $2,485,283 $2,612,962 $2,946,611 $2,946,611 $0 Penalties, Interest, Tax Forfeitures $19,973 $5,095 $3,000 $3,000 $0 PERA - Rate Increase Levy $7,500 $7,500 $7,500 $7,500 $0 Licenses $40,341 $41,736 $42,100 $42,100 $0 Permits $173,391 $206,082 $190,400 $190,400 $0 DarelSchocl District #282 Levy $14,795 $14,800 $14,500 $14,500 $0 Fire Relief Association - 2% InsurancelPension $45,604 $40,177 $52,500 $52,500 $0 Intergovernmental Revenue $368,743 $287,672 $221,400 $221,400 $0 Loss in Market Value Credit $0 $0 $0 ($135,000) ($135,000) Contract Revenue (LauderdaWFalcon Heights) $1,039,000 $1,096,200 $1,156,500 $1,156,500 $0 Charges for Service (Fines) $129,264 $114,052 $107,000 $107,000 $0 Miscellaneous Revenues $236,685 $173,330 $155,389. - $155,389 $0 Transfers from Other Funds $340,500 $352,500 5356,600 $438,900 $82,300 Other Revenue (Grants, Donations & Misc. Services) $26,217 $46.808 25 000 $25,000 Ho GENERAL FUND TOTAL REVENUES $4,927,296 $4,998,924 $5.277.400 - $6,224,700 (52 700 General Operating Budget REVISED CUTS EXPENDITURES 2007 2008 2009 2009 2009 ACTUAL ACTUAL BUDGET BUDGET BUDGET Mayor l City Council $52,617 $59,729 $61,300 $58,800 $2,500 Publiclintergovernmental Relations $24,070 $24,504 $27,500 $26,300 $1,200 Cable Franchise $32,857 $34,915 $28,000 $28,000 General Management $101,231 $105,171 $101,500 $100,000 $1,500 Elections $22,101 $32,789 $33,300 $32,700 $600 Finance, Insurance I Accounting $252,841 $271,758 5282,400 $280„400 $2,000 Assessing $41,330 $40,734 $51,900 $49,400 $2,500 Legal $73,841 $68,975 $90,000 $85,000 $5,000 Engineering, Planning l Zoning $3,792 $3,722 $5,200 $5,200 City Buildings $154,436 $180,816 $181,600 $181,600 Emergency Management $52,875 $56,752 $56,900 $55,600 $1,300 Police Protection $1,257,414 $1,347,533 $1,451,800 $1,441,800 $10,000 LauderdalelFalcon Heights Contracts $916,904 $936,421 $994,600 $994,600 Maintenance & Repair (Police Vehicles) $0 $83,546 $72,600 $72,600 Dare Education $14,204 $12,935 $14,500 $14,500 Fire Protection $653,586 $702,265 $748,000 $742,200 $5,800 Maintenance Repair (Fire Vehicles) $0 $25,889 $25,400 $25,400 Fire Relief - 2% Insurance/Pension $45,604 $40,177 $52,500 $52,500 Inspections, BuildinglPluinbinglHeatingtHealth $106,444 $113,912 $94,800 $94,800 Animal Control $1,976 $1,525 $4,800 $3,800 $1,000 Public Works $481,241 $469,138 $522,700 $505,400 $17,300 Public Works, Maintenance, Repair & Equipment $162,746 $81,327 $69,300 $69,300 Tree and Weed Care $31,524 $34,126 $37,100 $36,600 $500 Parks $171,166 $147,825 $187,500 $1661000 $1,500 Community ServiceslRecycling Transfer $52,176 $52,176 $57,200 $57,200 DUI - Afcohol Compliance (Citizens Academy) $23,542 $20,556 $0 $0 Other Expenditures$40,645$47,664$25,000 2 00 $-0 GENERAL FUND TOTAL EXPENDITURES$4,771,163$4,990.78 0 $5 277.4p0 $5.224.700 5$ 2.700 FUND BALANCE AT END OF YEAR $1,438,359 $1,440,503 $1,440,503 $1,440,503 $4,771,900 $4,998,600 Budget $4,927,296 $4,998,924 Revenue $4,7711,1163 4 996 780 Expenditures $166,133 $2,144 58 M* Oul "MOMIUMA9 MOM Capital Equipment Authorized Remaining Expenditures Original Allocation................................................................$400,000 2009 Cuts 82,300 Revised 2009 Budget $317,700 Capital Equipment Reductions: Police: ChmNet Computer Upgrades........................................................................................$5,000 MP5's - Firearms...........................................................................................................$2,000 OfficeFurniture............................................................................................................... $5,000 Opticoms........................................................................................................................ $3,000 MDC's.......................................................................................................................... $15,000 TotalPolice.............................................................................$30,000 Fire: ThermalImager........................................................................................................... $18,000 TurnoutGear..............................................................................................................$ 5,000 Computers/Printers.....................................................................................................$ 2,000 Radio's...........................................................................................--........................... 2,000 TotalFire.....................................................................$27,000 Public Works - Eouipment: Office Furniture (GIS/Public Works Building).......................................................... . 7 0 00 Total Public Works ........................................................$7,000 Finance/Administration: Ethernet/ASC 400 Upgrades.........................................................................................$ 3,300 Cisco Ethernet Switch/Transeeiver & Wireless Upgrades .............................................$ 7,000 Miscellaneous — Network & Computer Upgrades.......................................................... $ 3,000 City Council & A/V Improvements................................................................................... 6,000 Total Finance/Administration....................................$18,300 Total Expenditures..................................................................$82,300 9E Capital Equipment Revenues: Revenue Sources LiquorOperations Profits...................................................................................................... $117,700 MSARevolving Funds........................................................................................................... $ 90,000 Water Filtration Interest Earnings......................................................................................... $ 50,000 Fund Batance/Reallocation of Trade/Sale of Existing Equipment ........................................ s.60,000 TotalRevenues..................................................................... $317,700 Capital Equipment Expenditures: Police ThreeSquad Cars....................................................................................................... $ 78,000 TearDown & Build New Squads................................................................................. $ 8,000 Equipment Replacement/Squad Cars ........................................... .:............ ........ ...... 5,00 Fire: Total Police............................................................................ $ 91,000 TurnoutGear.............................................................................................................. $ 5,000 Pagers........................................................................................................................-$__3200 TotalFire...................................................................... $ 8,200 Public Works :-Equipment: PortableHoist.......................................................................................................... $ 35,000 UtilityJetterNac Truck............................................................................................. $150,000 Park Playground Equipment..................................................................................... $ 20,000 Refurbish Ball Fields/Maintenance........................................................................... 5.00 Total Public Works .................................................. $210,000 Finance/Administration: File Server & Software Upgrades for Network (Roseville) ........................................... 8,500 Total Finance/Administration.................................... $ 8,500 Total Expenditures............................................................... $317,700 `Note - Liquor Capital Improvements are funded by profits from St. Anthony's Off -Sale Liquor Stores. City of St. Anthony 2009 Budget Adjustments LGA/Markealue Credit . Local Government Aid/Market Value Credit . State Balances its Budget Deficit by Cutting LGA and MVC to Cities. . 2002 was the Last Year St. Anthony Received LGA. Market Value Cre . Form of Property Tax Relief . Taxpayers Receive a Credit on Their Property Tax Bills (Homestead Credit). • Maximum Credit of $304.00 Property Valued at $76,000 Credit Goes Down for Values Over $76,000 Credit No Longer Exists at $413,778 ■ State Makes MVC Payment to Cities a of Market Value Credit • State Maintains MVC Credit on the Property Tax Bills. • State Cuts Payment to Cities. 2008: • December State Cuts 2nd Half Payment. . St. Anthony Loss in Revenue Totals $67,000. ■ 2009: . Governors Proposal . St. Anthony Losses $133,200. Work Sessions with City Council and Staff • Staff and City Council Met to Discuss the Loss of Market Value Credit. ■February 4, 2009 ■March 31, 2009 ■May 4, 2009 ■3une 1, 2009 Balancing the 200 Operating Budget Goals . Reduce General Operating & Capital Equipment Expenditures by $135,000. Maintain the Current Level of Service. . Continue to Improve the Efficiency of Operations. . Define the "Risks" Associated with the Cuts. I'Rff Recommendations for Balancing the Budget . General Operating Budget Reduce Expenditures by $ 52,700 ■ Capital Equipment Budget Reduce Expenditures by $82,300 Total $135,000 ral Government Budget Reductions = $15,300 ■ City Council = $2,500 Reduce Minute Taker Budget $1,000 League of MN Cities Conference $1,500 ■ Public Relations = $1,200 Reduce Sister City Budget $1,200 ■ General Management = $1,500 City Managers ICMA Conference $1,500 ■ Elections = $600 Reduce Printing Costs $ 400 Reduce Administration Costs $ 200 General Governmen Reductions . Finance = $2,000 Defer Purchase of Office Equipment $ 500 Reduce General Supplies Budget $ 500 Discontinue Certificate of Excellence $1,000 . Assessing = $2,500 Reduce Assessing Budget $7,500 . Legal = $5,000 Reduce Legal Budget $5,000 Capital Equipment administration/Finance Deferrals/Reductions - $18,300 ■ Administration/ Finance Defer AS 400 Upgrades $ 3,300 Defer Ethernet/Wireless Upgrades $ 7,000 Defer Network/ Computer Upgrade $ 3,000 Eliminate AV Improvements $ 5,000 $18,300 Public Safety - Police Deductions $11,000 ■ Police = $10,000 Reduce Overtime $1,000 Reduce Court Overtime Budget $1,000 Reduce Communications Budget $7,000 Reduce Training/School Budget $1,000 ■ Animal Control = $1,000 Reduce Costs for Services Budget $1,000 J CapitaWquiprnent - Police Deferrals/Reductions $30,000 ■ Police Department Defer CrimNet Computer Upgrades $ 5,000 Defer Office Furniture $ 51000 Defer Replacement of Opticoms $ 3,000 Defer Mobile Computers Squad Cars $15,000 Eliminate Firearms (MP -5's) 2,000 $30,000 Public Safety - Fire Reductions $7,'100 • Emergency Management = $1,300 Defer Printing & Publishing Costs $ 300 Reduce Training/ Conferences $1,000 . Fire = $5,800 Reduce Code Enforcement Costs $2,000 Defer Ventilation Equipment $ 800 Reduce Fire Prevention Supplies $ 500 Reduce Consultant Fees/Testing $2,000 Reduce Other Services Budget $ 500 Ca "ital Equipment — Fire 'Deferrals/Reductions $27,0 . Fire Deaartment Defer Thermal Imager $18,000 Defer Turnout Gear/ Firefighters $ 51000 Defer Computers/ Printers $ 21000 Eliminate Replacement/ Radio's 2 000 $27,000 Public Warks Reductions $19,300 ■ Public Works Division = $17,300 Delayed Hiring P/W Superintendent $7,300 Reduce Part -Time Seasonal Help $8,800 Reduce Replacement of Street Signs $1,200 ■ Tree & Weed Care Division = $500 . Reduce General Supplies Budget $ 500 • Parks Division = $1,500 Reduce General Supplies Budget $1,500 Capital Equipment P/W Deferrals $7,000 ■ Pubiic Works . Defer Office Furniture/GTS Upgrades $7,000 General Operating Cuts . Total General Operating Cuts . General Government $15,300 • Police $11,000 • Fire $ 7,100 . Public Works $19,300 Capital Equipment ' eferrals/Reductions ■ Total Capital Equipment ■ General Government $18,300 ■ Police $30,000 . Fire $27,000 ■ Public Works 7,000 Recap of 2009 Budget C 2009 Budget Adjustments Governor's Proposed Cut n Market Value Credit CITY OF ST ANTHONY RESOLUTION No. 09-058 A RESOLUTION SETTING THE CITY OF ST. ANTHONY 2009 "REVISED" BUDGET AND AUT'I-IORMON OF THF LIQUOR FUND TRANSIT R WHEREAS, State Law and Government Accounting Standards requires the City Council of the City of St. Anthony to approve any changes to its Operating Budgets; and WHEREAS, in 2009, it is anticipated the State of Minnesota will reduce the City's Market Value Credit by $133,200; and WHEREAS, the City Council directed Staff to balance the reduction by cutting or deferring the General Operating and Capital Equipment expenditures by $135,000; and WI-ILRl:AS, the City Council and Staff discussed key issues and budgeting revisions at their February 4th, March 31 ", May 0' and June 1 st, 2009, work sessions; WHEREAS, the information needed for the City Council to determine the "Revised 2009 General Operating and Capital Equipment Budgets" has been completed; NOW, THEREFORE, BF, IT RESOLVED that: 1) The Original 2009 General Operating Budget totaled $5,277,400. 2) The Original 2009 General Operating Expenditure Budget is reduced by $52,700 3) The Original 2009 Liquor Transfer of $200,000 to the General fund is increased by $82,300 4) The "Revised 2009 General Operating Budget" now totals $5,224,700. (See Attached Detail) 13E IT FURTHER RESOLVED that: 1) The Original 2009 Capital Equipment Budget totaled $400,000. 2) The Original 2009 Capital Equipment Budget is hereby reduced by $82,300. 3) The Original 2009 Liquor Transfer of $200,000 to the Capital Equipment Fund is reduced by $82,300. 4) The "Revised 2009 Capital Operating Budget" now totals $317,700. (See Attached Detail) Adopted this 9th day of June, 2009 ATTTST: City Clerk Review for Administration: Mayor City Manager 70 71 MEMORANDUM DATE: June 9, 2009 TO: Mayor, Councilmember FROM: Mike Mornson, City Manager Jay Hartman, Public Works Director RE: Staff Report on Snow Plowing Parking Restrictions During the calendar year 2008, the City Council decided to amend the current Snow Plowing Ordinance for the City of St. Anthony. The change was made and had a sunset date of July 1, 2009. The primary goal of this change was to give residents more flexibility on when they could park on the roadway during the plowing season. To date for the 200812009 Snow Plowing season, 28 citations were issued by the Police Department. Throughout the 2008/2009 plowing season, the Public Works Department responded to a total of 11 full plowing events. The average number of vehicles in the street to plow around was 15 per plowing event. In the event that the Public Works Department has to "Return Plow" in the areas where vehicles were parked, the cost breakdown is as follows: Straight Time: 1 truck and operator $80/hour Overtime Rate: 1 truck and operator $120/hour The "Return Plow" Average 1 hour per snow plowing event During the 2008/2009 plowing season, Public Works incurred 6 addition hours of plowing at overtime rate. The remaining 5 hours were completed during regular hours. The 2 options for consideration are as follows: 1. Go back to the original ordinance regarding Snow Plowing & Parking Restriction on November 1 through April 1. 2. Proceed with the current ordinance. CITY OF ST. ANTIMONY VILLAGE ORDINANCE 08-005 CHAPTER 9. TRAFFIC AND VEHICLE REGULATIONS Section 900 - GENERAL REGULATIONS 920.07 Parking During Suow Removal. Subd. 1. No person shall park a vehicle on any city street for period of 48 hours, commencing immediately after two (2) inches or more of continuous snowfall, or until snow removal has been completed curb to curb. This ordinance will sunset on July 1, 2009. This ordinance change shall be in full force and effect upon passage by the City Council and publication of the Ordinance or a Summary thereof in the City's official newspaper. First Reading: April 22, 2008 Second Reading: May 13, 2008 Adopted: May 27, 2008 layor-------- ATTEST:."� r - �&� -C f City Clerk Publish: June 4, 2008 72 DATE: April 1, 2009 TO: Mike Mornson, City Manager Jay Hartman, Public Works Director FROM: John Ohl, Chief of police �I SUBJECT: Snow Emergency Parking The police department issues snow emergency citations to facilitate the orderly removal from city streets. From January 1, 2008 to March 21, 2008, the police department wrote 86 citations to vehicles in violation of our 3:00 a.m. to 7:00 a.m. ordinance. From January 1, 2009 to March 21, 2009, the police department wrote 28 citations to vehicles in violation of our 2 inch snow fall ordinance. JO:vj 73 OPTION] CITY OF ST. ANTHONY VILLAGE ORDINANCE 2009-005 PARKING DURING SNOW REMOVAL 72.36 PARKING DURING SNOW REMOVAL. (A) During the period commencing November 1 of arty year, to and including April 1 of the following year, no person may stop, park or leave standing a vehicle on any street or highway in the City of St. Anthony between the hours of 3:00 a.m. to 7:00 a.m. or in such a manner as to impede the plowing and/or removal of any snow, ice or waste on the street or highway. (B) Whenever it is necessary for the proper direction control, regulation of traffic, plowing and/or the removal of snow, ice or waste, or maintenance or improvement of any highway or street to remove any vehicle standing on a highway or street in the City, then any police officer is authorized to provide for the removal of such vehicle and have the same removed to the nearest convenient garage or other place of safety. The cost of removal and storage of the vehicle will be charged to the owner of the vehicle, and to the person causing the violation. These ordinance changes shall be in full force and effect upon passage by the City Council and publication of the Ordinance or a Summary thereof in file City's official newspaper. First Reading: Second Reading: Adopted: ATTEST: City Clerk Mayor 74 OPTION 2 CITY OF ST. ANTHONY VILLAGE ORDINANCE 2009-005 PARKING DURING SNOW REMOVAL § 72.36 PARKING DURING SNOW REMOVAL. (A) No person shall park a vehicle on any city street for a period of 48 hours, cone ieneing immediately after 2 inches or more of continuous snowfall or until snow removal has been completed curb to curb. (B) Whenever it is necessary to the proper direction control, regulation of traffic, plowing and/or the removal of snow, ice, or waste, or maintenance or improvement of any highway or street to remove any vehicle standing on a highway or street in the city, then any police officer is authorized to provide for the removal of the vehicle and have the same removed to the nearest conveniont garage or other place of safety. The cost of removal and storage of the vehicle will be charged to the owner of the vehicle, and to the person causing the violation. These ordinance changes shall be in full force and effect upon passage by the Cih� Council and publication of the Ordinance ora Summary thereof in the City's official newspaper. First Reading: Second Reading: Adopted: ATTEST: City Clerk Mayor 75 j6. FUTURE COUNCIL AGENDA ITEMS 6/09/2009 Meeting Date Meeting Type Staff Items/Issues June 23 Regular Planning Commission items from June 16 Consent Agenda City Insurance Renewal City Manager Police Contracts with Falcon Heights and Lauderdale Consent Agenda Agreement with Northwest Youth and Family Services City Manager Parking Ordinance (second reading) Sign Text Amendment Ordinance final reading) City Manager Ordinance for Background Checks July 14 Regular City Manager Parking Ordinance (final reading) July 28 Regular Planning Commission items from July 21 Minnesota Night to Unite Proclamation City Manager Quarterly Goals August 3 Worksession 6 pm Review Proposed 2010 Operating Budget and Tax Levy Sewer and Water Rate Discussion August 11 Regular City Engineer Accept Feasiblity Report and Order Plans and Specifications for the 2010 Street Project August 25 Regular Planning Commission Items from August 18 August 31 Worksession 6 m Review 2010 Levy Limits and Tax Levy September 8 Regular City Manager Finance Director Ordering the Feasibility Report for 2010 Street Improvements City Manager Finance Director Setting the City's Proposed 2010 Tax Levy & Budget in Compliance with the T -N -T Act Changing the December meeting dates (if needed for T -N -T) September 22 Regular Planning Commission items from September 15 Consent Agenda Approval of Election Judges for General Municipal Election September 29 Special Worksession Joint Meeting with School Board followed by worksession October 13 October 27 Planning Commission items from October 20 City Engineer Accepting 2010 Plans and Specifications and Ordering Advertisement for Bids City Manager Quarterly Goals November!2 Worksession 6 pm November 10 Canvass results from the November 3 election November 24 June 2009 Monthly Planner Sunday 1 3 4 .5 6 Worksession 2PM 7 8 9 10 1 1.' 13 City Council Meeting 7pm 14 15 16 17 18 19 20 Planning Commission Meeting 7 pm 21 22 23 24 25 26 27 City Council Meeting 7 pm 28 29 30 May 2009 Jul 2009 S M T W T F S S M T W T F S 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 31 31 Printed by Calendar Creator for Windows on 6/312009 July 2409 Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 Jun 2009 Aug 2009 S M T W T F S S M T W T F S HOLIDAY 1 2 3 4 5 6 1 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 21 22 23 24 25 26 27 16 17 18 19 20 21 22 28 29 30 23 24 25 26 27 28 29 30 31 5 6 7 8 9 10 11 12 13 14 15 16 17 18 City Council Meeting 7pm 19 20 21 22 23 24 25 Planning Commission Meeting 7 pm 26 27 28 29 30 31 City Council Meeting 7 pm Printed by Calendar Creator for Windows on 6/3/2009 PUBLIC HEARING AND/OR OPEN FORUM PLEASE SIGN BELOW IF YOU WISH TO SPEAK AT A PUBLIC HEARING AND/OR OPEN FORUM ON -D-