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HomeMy WebLinkAboutCC PACKET 06282011KR.A. Meeting immediately following regular meeting CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA June 28, 2011 7.00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration. Discussion, and Possible Action ooAll ofthel"ollowvingitems• I. Approval of the June 28, 2011, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. A. Presentation of CenterPoint Energy Grant to the St. Anthony Fire Department. B. St. Anthony Historical Book — Barry Tedlund, St. Anthony Historical Society President. C, Update from Ramsey County Commissioner Jan Parker. III. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the ConsentAgenda and placed elsewhere on the agenda. A. Approval of June 14, 2011, Council Meeting Minutes. (pp. 1 — 5) B. Licenses and Permits. (p. 6) C. Claims. (pp. 7 — 9) D. Resolution 11-037; Establishing Limited Clean up and Property Damage Protection for Sewer Back-ups and Water Main Breaks for Water and Sewer Customers. (pp. 10 — 20) E. Resolution 11-038; Renewal of Municipal Insurance Coverage and the Waiver of Tort Liability Limits for the League of Minnesota Cities Insurance Program. F. Resolution 11-039; Accepting a Grant from the MWMO for an Over seeder for the St. Anthony Public Works Department. (pp. 21 — 22) IV. Public Hearing. V. Reports from Commission and Staff. ( Don Jensen, Planning Commission representative) A. Ordinance 11-004; Amending Zoning Ordinance 152.142 Light Industrial — Conditional Uses (first reading) (pp. 23-24) B. Ordinance 11-005; Amending Zoning Ordinance 152.226 Nonconformities into Compliance with Recently Amended Provisions of MN State Statute 162.357 subd. 1E. (first reading) (pp. 25 — 27) C. Ordinance 11-006; Amending Zoning Ordinance 152.245 Variances — (first reading) (pp. 28 — 34) VI. General Business of Council. A. 2010 Audit Presentation. Peggy Moeller,'T"autges, Redpath presenting. (pp. 34 — 42) B. Resolution 11-040; Approving the Contract Agreement for Police Services with the City of Falcon Heights for 2012 — 2013. (pp. 43 — 50) C. Resolution 11-041; Approving the Contract Agreement for Police Services with the City of Lauderdale for 2012. (pp.51— 58) D. Ordinance 11-003; Amending the Building Permit Fees. (final reading) (pp. 59 -- 60) 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 their name and address on the form at the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes. Generally, the City Council will not take ofidal action on items discussed at this time, but may opicalyrefer the matter to staff for a future report or direct the matter to be scheduled on an upcoming 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. 1 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 JUNE 14, 2011 4 5 CALL TO ORDER. 6 7 Mayor Faust called the meeting to order at 7:00 p.m. 8 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, Jenson, Roth, and Stille. 16 Absent: None. 17 Also Present: City Manager Mike Morrison and City Engineer Todd Hubmer. 18 19 20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 21 ITEMS. 22 23 L APPROVAL OF JUNE 14, 2011 CITY COUNCIL MEETING AGENDA. 24 25 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City 26 Council Meeting Agenda of June 14, 2011. 27 28 Motion curried unanimously. 29 30 II. PROCLAMATIONS AND RECOGNITIONS. 31 32 None. 33 34 III. CONSENT AGENDA. 35 36 A. Consider May 24, 2011 Council meeting minutes, 37 B. Consider licenses and permits; 38 C. Consider payment of claims, and 39 D. Consider Resolution 11-035: Accepting a Donation from the St. Anthony Kiwanis on 40 Behalf of the St. Anthony Police Department. 41 42 Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve the Consent 43 Agenda items. 44 45 Motion carried unanimously. 46 47 IV. PUBLIC HEARING. 48 49 None. City Council Regular Meeting Minutes June 14, 2011 Page 2 2 V. REPORTS FROM COMMISSION AND STAFF. 3 4 None. 6 VI. GENERAL BUSINESS OF COUNCIL. 8 A. Resolution 11-036; Ordering Preparation of Feasibility Report for the 2012 Street and 9 Utility Improvement. Todd Hubmer, WSB & Associates, presenting. 10 11 City Engineer Hubmer presented the proposed Resolution ordering the preparation of a 12 feasibility report for the 2012 street and utility improvement project. He provided background 13 regarding how streets are selected, including existing utility deterioration and pavement 14 condition. He indicated that the 2012 project will include reconstruction of the water main and 15 sanitary sewer line, and represents an extension of the improvement project being undertaken 16 this summer. He then reviewed the project schedule noting that substantial completion of 17 construction is expected in October 2012. He advised that most of the City's streets were built in 18 the early 1960s and the City has attempted to utilize a consistent approach in its street and utility 19 improvement projects in order to protect the City's investment in its infrastructure and to avoid 20 issues with water main breaks. 21 22 Councilmember Jenson asked if the street and utility improvement plan has been looked at to 23 ensure that the sequence chosen for projects is the best sequence overall. 24 25 City Engineer Hubmer replied in the affirmative and stated that the water mains have become 26 very brittle over time and the replacement materials being used are much more flexible and move 27 with the soil. 28 29 Mayor Faust stated that the City's philosophy has been to take care of its infrastructure and 30 residents accept the fact that their roads will need to be reconstructed. Ile asked if a schedule 31 and map of the City's street improvement projects is available for viewing at City Hall. 32 33 City Engineer Hubmer agreed to have a schedule and map available at City Hall and on the 34 City's website. 35 36 Councilmember Stille suggested that the map include a disclaimer that the plans are subject to 37 change. 38 39 Motion by Councilmember Stille, seconded by Councilmember Roth, to approve Resolution 11- 40 036; Ordering Preparation of Feasibility Report for the 2012 Street and Utility Improvement. 41 42 Motion carried ananimousty. 43 44 B. Engineer's Update. Todd Hubmer, WSB & Associatesypresenting. 9I. 4 City Council Regular Meeting Minutes June 14, 2011 Page 3 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 VII. 43 44 45 46 City Engineer Hubmer presented an update on the status of the 2011 street and utility reconstruction project, the 2010 street and utility reconstruction project, and the Rice Creek Watershed Grants. He noted that the 2012 project will require the City to secure permits from Rice Creek Watershed District for reconstruction of the roadway and advised that the City has received two $50,000 Urban Cost Sharing Grants from Rice Creek Watershed District for construction of a biofiltration system in Central Park and construction of an alum treatment system at Salo Park. He explained that the biofiltration system will treat the run-off from the parking lot behind the fire station, the lower parking lot at the high school, the interior trails, and run-off from the fields before heading downstream into Mirror Lake. He added that the biofiltration system will capture and treat this water through the filtration system, removing 70% of suspended solids. He stated that the alum treatment system will help to remove phosphorous from the holding ponds and help to meet the TMDL requirements for Silver Lake as required by the Pollution Control Agency. He added that these two projects will be important for garnering credits and meeting the permitting requirements of Rice Creek Watershed District in the future. City Engineer Hubmer advised that the 2010 street and utility reconstruction project on Silver Lane is nearing completion and final striping should be completed this week. City Engineer Hubmer stated that the 2011 street and utility reconstruction project is moving along despite the significant amount of rain this spring. I -Ie expressed the City's appreciation to residents for their patience given the difficulties experienced with getting in and out of their driveways during construction. City Engineer Hubmer indicated that the City is also working with the MWMO to determine if funding is available to reduce the City's load going into the Mississippi River from the south end of the City. C. Ordinance 2011-03; Amending the Building Permit fees as stated in the Minnesota State Statute 32613.153. (second reading City Manager Mornson presented the proposed Ordinance Amending the Building Permit Fees as stated in Minnesota State Statute 326B.153. He advised that the only change from the first reading is the deletion of the language "as stated in Minnesota State Statute 326B.153" from the heading of the ordinance. Motion by Councilmember Gray, seconded by Councilmember Stille, to approve the Second Reading of Ordinance 2011-03; Amending the Building Permit Fees as stated in the Minnesota State Statute 326B.153. Motion carried unanimously. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. City Manager Mornson reported on the following: • The June 28°i City Council agenda includes ten items, including issues related to the Zoning Ordinance, the Police Contract, and an audit presentation. 3 City Council Regular Meeting Minutes June 14, 2011 Page 4 1 • The City of Newport is in the process of developing a ten acre parcel of land on Highway 2 61 and recently toured Silver Lake Village. 3 • He participated in a ride -along with Officer Spiess last week. 4 • Attendance at the Ramsey County quarterly administrator's meeting where the focus was 5 on the impacts of the potential State government shutdown. 6 • New Police Department summer program on June 15-16 called "Summer Survival 7 School" for students who have just finished 3`d grade. The program will focus on safety 8 and 26 students have signed up for the program being led by Officer South. 9 10 Councilmember Gray reported on his attendance at the following: 11 • May 31 joint meeting with the School Board, including a tour of the high school 12 remodeling. 13 • June 2 meeting with former elected officials which included a presentation of 2011 goals. 14 • June 4 open house at City Hall and Coffee with the Mayor and City Council. 15 16 Councilmember Jenson reported on his attendance at the following: 17 • June 2 meeting with former elected officials. 18 • June 4 open house at City Hall and Coffee with the Mayor and City Council. 19 20 Councilmember Roth reported on his attendance at the three meetings mentioned by 21 Councilmember Gray. He expressed thanks to the former elected officials who attended the June 22 2nd meeting. 23 24 Councilmember Stille reported on his attendance at the three meetings mentioned by 25 Councilmember Gray and noted that there was also a worksession following the joint meeting 26 with the School Board. 27 28 Mayor Faust reported on the following: 29 • May 31 joint meeting with the School Board, including a tour of the high school 30 remodeling. He encouraged residents to tour the high school's recent remodeling project 31 and stated that residents will be gratified to see where their tax dollars have been spent. 32 • June 2 meeting with former elected officials. 33 • June 4 open house at City Hall and Coffee with the Mayor and City Council. 34 • June 2 Grand Opening of II IOP. 35 • June 3 final meeting regarding future of the League. 36 • June 7 "View of the Big River" sponsored by MWMO on Boom Island. Several elected 37 officials attended including Rep. Ellison, Sen. Franken, and a representative from the 38 National Park Service. 39 • June 9 presentation to Senior Citizen Volunteer Group hosted by Community Services. 40 41 VIII. COMMUNITY FORUM. 42 43 Mayor Faust invited residents to come forward at this time and address the Council on items that 44 are not on the regular agenda. 45 V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 City Council Regular Meeting Minutes June 14, 2011 Page 5 Hearing none, Mayor Faust moved forward with the agenda. IX. INFORMATION AND ANNOUNCEMENTS. Councilmember Roth noted that June 13°i was Feast Day of Saint Anthony of Padua, a famous Franciscan Friar. X. ADJOURNMENT. Mayor Faust adjourned the meeting at 7:42 p.m. Respectfully submitted, Barbara Hughes TimeSaver Off Site Secretarial, Inc. ATTES"f: City Clerk Mayor 5 Saint Anthony Village DATE: June 28, 2011 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Forest Grove Tree Care, Royalton, MN Lr Corporation, Andover, MN City Sheet Metal, Fridley, MN Mechanical, Bloomington, MN Freedom Valu Center 3810 Silver Lake Rd Northern Gopher Enterprises 3200 — 3225 Diamond 8 3804 Highcrest Tamela Walhof 2501 — 2503 33rd Ave Applicant: Will & Doris I3aehmeier Location: 3100 — 3102 39`x' Ave Applicant: John Good Location: 3304 — 3306 39°i Ave Richard Herrmann 2601 Kenzie Ter #512 John Tuohy 2601 Pahl Ave Applicant: Travis Hoban Location: 3404 Roosevelt St David Newgaard 3127 Silver Lake Rd ASI, Hennepin County 3512 Silver Lake Rd 0 US BANK ST ANTHONY VILLAGE 7 CHECK REGISTER VENDOR# PAYEE CHECK# DATE AMOUNT 20 AA BATTERY CO 15198 6/29/2011 $36.90 8964 ACCLAIM BENEFITS 15199 6/29/2011 $37.00 9761 AMERICAN BOTTLING COMPANY 15200 6/29/2011 $146.14 9250 AMERICAN MESSAGING 15201 6/29/2011 $195.96 8945 ANCOM COMMUNICATIONS 15202 6/29/2011 $5,198.14 9575 ANDERL/BILL 15203 6/29/2011 $150.00 8237 ASPEN MILLS 15204 6/29/2011 $6.41 4687 ASPEN WASTE SYSTEMS INC 15205 6/29/2011 $79.24 4293 BELLBOY CORP. 15206 6/29/2011 $7,795.20 9778 BERNICK'S 15207 6/29/2011 $635.01 9797 BERTELSON 15208 6/29/2011 $45.92 8555 BIFFS, INC. 15209 6/29/2011 $180.00 4662 BOURGET IMPORTS 15210 6/29/2011 $81.50 7168 BOYER TRUCKS, INC. 15211 6/29/2011 $173.34 4231 CAPITOL BEVERAGE SALES 15212 6/29/2011 $28,535.35 9100 CAT & FIDDLE BEVERAGE 15213 6/29/2011 $156.00 610 CATCO 15214 6/29/2011 $18.35 2380 CENTERPOINT ENERGY 15215 6/29/2011 $4,646.50 4065 CENTRAL LOCK & SAFE CO 15216 6/29/2011 $72.00 9252 CENTURY FENCE 15217 6/29/2011 $72.68 4080 CHISAGO LAKES DISTRIBUTING 15218 6/29/2011 $2,267.03 9056 CITY OF ROSEVILLE 15219 6/29/2011 $5,277.57 8275 CITY OF ST. PAUL 15220 6/29/2011 $749.14 8814 CITY WIDE WINDOW SERVICE 15221 6/29/2011 $154.97 4095 COCA COLA BOTTLING COMPANY 15222 6/29/2011 $957.65 9820 CRYSTAL SPRINGS ICE 15223 6/29/2011 $750.57 807 DIAMOND VOGEL PAINTS 15224 6/29/2011 $1,978.26 4110 DICKSON ELECTRIC 15225 6/29/2011 $166.00 7371 DISCOUNT STEEL, INC. 15226 6/29/2011 $5.13 4135 ELECTRO WATCHMAN INC 15227 6/29/2011 $221.23 8604 EMERGENCY APPARATUS 15228 6/29/2011 $325.50 7394 ESS BROTHERS & SONS INC. 15229 6/29/2011 $171.00 8697 EXTREME BEVERAGE 15230 6/29/2011 $324.00 9395 FACTORY MOTOR PARTS CO 15231 6/29/2011 $49.88 9798 FERGUSON WATERWORKS 15232 6/29/2011 $57.20 9824 FIRE SAFETY USA, INC. 15233 6/29/2011 $143.00 9055 FREEWAY TOWING 15234 6/29/2011 $106.05 9236 FSH COMMUNICATIONS 15235 6/29/2011 $64.13 1030 G & K SERVICES INC 15236 6/29/2011 $673.89 9854 GOPHER STATE ONE CALL 15237 6/29/2011 $376.40 4172 GRAPE BEGINNINGS, INC. 15238 6/29/2011 $179,50 9593 H&B SPECIALIZED PRODUCTS 15239 6/29/2011 $4.00 8813 HEALTHPARTNERS 15240 6/29/2011 $2,886.40 8944 HENN CNTY INFO TECH DEPT 15241 6/29/2011 $2,593.81 1505 HENNEPIN COUNTY SHERIFF 15242 6/29/2011 $588.31 9344 HENNEPIN TECHNICAL COLLEGE 15243 6/29/2011 $690.00 9808 HEUN ENTERPRISES, INC 15244 6/29/2011 $489.55 9877 HINRICHS/TRESSA 15245 6/29/2011 $34.33 4207 HOHENSTEIN'S, INC 15246 6/29/2011 $6,461.70 8252 HOME DEPOT CREDIT SERVICE 15247 6/29/2011 $331.58 US BANK ST ANTHONY VILLAGE 8 CHECK REGISTER VENDOR # PAYEE CHECK# DATE AMOUNT 9893 INFINITY WIRELESS . 15248 6/29/2011 $291.32 8438 INSIGNIA SYSTEMS INS 15249 6/29/2011 $629.78 8658 INSTRUMENTAL RESEARCH, INC 15250 6/29/2011 $85.50 9390 IQNECTION INTERNET SERVICE 15251 6/29/2011 $80.50 4125 JJ TAYLOR DISTRIBUTING 15252 6/29/2011 $50,141.17 4220 JOHNSON BROTHERS LIQUOR 15253 6/29/2011 $15,423.58 9351 LANGUAGE LINE SERVICES 15254 6/29/2011 $26.35 9829 LANO EQUIPMENT, INC. 15255 6/29/2011 $8,170.59 2040 LILLIE SUBURBAN NEWSPAPER 15256 6/29/2011 $206.25 9114 M. AMUNDSON LLP 15257 6/29/2011 $2,390.16 2100 MACQUEEN EQUIPMENT CO 15258 6/29/2011 $54.36 9823 MAILFINANCE 15259 6/29/2011 $245.18 2160 MARSHALL CONCRETE PRODUCTS 15260 6/29/2011 $1,746.24 2230 MENARDS LUMBER 15261 6/29/2011 $32.07 9459 MIDC ENTERPRISES 15262 6/29/2011 $325.06 2280 MIDWEST ASPHALT CORP 15263 6/29/2011 $86.60 9195 MISTER CAR WASH 15264 6/29/2011 $124.98 9855 MOTOROLA SOLUTIONS, INC 15265 6/29/2011 $2,308.96 4299 MPLS, OXYGEN CO. 15266 6/29/2011 $13.58 2395 MTI DISTRIBUTING, INC 15267 6/29/2011 $30.36 9283 MUNICIPAL EMERGENCY SERVICES 15268 6/29/2011 $16.68 7370 MYERS TIRE -MINNEAPOLIS 15269 6/29/2011 $21.36 8883 NEW FRANCE WINE COMPANY 15270 6/29/2011 $446.00 8519 NORTHDALE CONSTRUCTION CO 15271 6/29/2011 $441,310.59 45 OFFICE DEPOT 15272 6/29/2011 $325.97 .00342 OLD REPUBLIC TITLE 15273 6/29/2011 $209.33 9894 OLVALDE FARM AND BREWING 15274 6/29/2011 $168.00 8528 PACE ANALYTICAL SERVICES 15275 6/29/2011 $51.00 9615 PAETEC 15276 6/29/2011 $51.72 4354 PAUSTIS & SONS 15277 6/29/2011 $1,505.77 9563 PETTY CASH - U.S. BANK 15278 6/29/2011 $160.39 4360 PHILLIPS WINE & SPIRITS 15279 6/29/2011 $5,226.32 4361 PINNACLE DIST. 15280 6/29/2011 $210.00 4385 QUALITY WINE CO 15281 6/29/2011 $22,918.79 4492 QWEST 15282 6/29/2011 $691.51 9119 RECHECK 15283 6/29/2011 $15.00 .00341 RUCKER/RYAN 15284 6/29/2011 $244.50 9822 SABA/STEVE 15285 6/29/2011 $350.00 9182 SAM'S CLUB 15286 6/29/2011 $235.48 9405 SETS DESIGN, INC. 15287 6/29/2011 $450.95 9764 SHARROW LIFTING PRODUCTS 15288 6/29/2011 $13.89 9708 SHI INTERNATIONAL CORP. 15289 6/29/2011 $13,305.94 8199 SIGNATURE CONCEPTS. INC. 15290 6/29/2011 $471.95 9892 SMI CO. 15291 6/29/2011 $1,681.80 9843 SOUTHERN WINE & SPIRITS 15292 6/29/2011 $3,064.24 3155 ST ANTHONY FIRE RELIEF ASSN 15293 6/29/2011 $6,000.00 4780 SURLY BREWING CO 15294 6/29/2011 $3,025.00 3260 T A SCHIFSKY & SONS 15295 6/29/2011 $380.51 9264 TAUTGES REDPATH, LTD. 15296 6/29/2011 $7,740.00 3560 TRACY PRINTING 15297 6/29/2011 $444.60 9590 U.S. BANK (PURCHASING CARD) 15298 6/29/2011 $1,313.16 US BANK ST ANTHONY VILLAGE 9 CHECK REGISTER VENDOR# PAYEE CHECK# DATE AMOUNT 8561 UNITED RENTALS NORTHWEST 15299 6/29/2011 $102.69 4451 VINOCOPIA 15300 6/29/2011 $399.17 8388 W. W. GOETSCH ASSOCIATES 15301 6/29/2011 $1,557.25 9702 W.D. LARSON COMPANIES LT 15302 6/29/2011 $23.89 8316 WINE COMPANY/THE 15303 6/29/2011 $1,723.20 8310 WINE MERCHANTS INC 15304 6/29/2011 $1,235.93 4175 WIRTZ BEVERAGE - (GRIGGS) 15305 6/29/2011 $26,384.76 9734 WIRTZ BEVERAGE MINNESOTA 15306 6/29/2011 $21,249.36 9878 WORLDPOINT ECC, INC. 15307 6/29/2011 $156.95 2680 XCEL ENERGY 15308 6/29/2011 $23,594.45 3840 ZEP MFG COMPANY', 15309 6/29/2011 $99.14 9618 ZIEGLER, INC. 15310 6/29/2011 $53.03 TOTAL $748,382.28 M MEMORANDUM DATE: June 20, 2011 TO: Mike Morrison, City Manager FROM: Roger Larson, Finance Director ITEM: LEAGUE OF MN CITIES INSURANCE RENEWAL The attached information includes price quotations for property, auto, general liability, and workers' compensation. The cost for maintaining our present coverage of $10,000 deductible and $50,000 aggregate through the League of Minnesota Cities totals $214,291. The cost for renewal of St. Anthony's insurance coverage reflects a (3.1%) increase in total premiums. The increase in premiums was for Property, General Liability, No -Fault Sewer Back-up and Workers Compensation, while other policies remained similar to last year showing a slight increase or decreased in premiums based on the experience of claims. Highlights of the policies with increases are as follows: Property: The premiums show an increase of $ 922, mainly because of property values set by the League and value of building contents, showed a slight increase. General/Municipal Liability: The premium increase of $2,583 is directly related to the amount of projected expenditures. As in previous years, the amount of expenditures spent on road improvement projects impacts the cost of this coverage. The cost of the 2011 Street Improvement Project totals $1,940,000 which impacted the cost of coverage. No -Fault Sewer Back-up: This year the League of Minnesota Cities increased the limit of this coverage from $10,000 to $25,000. Because of this change, all Cities are required to pass a resolution to establish the amount of their coverage. Based on our history of having a few of these claims and given the fact a claim could exceed $10,000, it is recommended by our Agent to opted for the increase in coverage to $25,000. This improved coverage increased the premiums by $1,309. Workers Compensation: St. Anthony experience rating is at the bottom of the modification scale (.76). This reflects St. Anthony's commitment to educate and train employees on the importance of remaining safety conscious when performing their duties. The increase in premiums is caused by the public safety activity of the Police Department. Grants such as "Safe & Sober", "Operation Heat" and "Citizens Academy" where police officers are paid overtime for those activities contributes to the cost of workers compensation. The increase in premiums of $3,171 is mainly offset by Grant Revenues. Other Hiphliphts of the renewal are as follows: Liquor Liability: These premiums are based on annual sales and the League's rating of losses combined with the League's overall experience rating of liquor liability claims, the rate the League charges the premiums dropped slightly resulting in a decrease of ($403). 11 Automobile: Premiums decreased ($1,213) due to the limited number of automobile related claims the City has experienced. Open Meeting Law: Council will see that the Open Meeting Law is listed at a cost of $0, but this is for accounting purposes only. The premium for Open Meeting law coverage has been merged into the cost of General/Municipal Liability coverage. It is important to note that the League continue to maintain a separate policy related to Open Meeting Law. As in previous years, no other insurance companies contacted the City or our designated agent, expressing interest to compete with the League of Minnesota Cities Insurance Trust. It should be noted that the costs of the premiums are within the amounts budgeted in the 2011 and 2012 operating budgets. Recommendation: Staff recommends Council pass Resolution #11-037 approving No -Fault Sewer Back -Up coverage at $25,000 through the League of Minnesota Cities. Staff recommends Council pass Resolution #11-038 approving renewal of insurance coverage through the League of Minnesota Cities at a cost of $214,291 and waiving the statutory limits of tort liability. 12 Insurance Renewal: *Liquor Off -Sale: (Combined - Market Place and Silver Lake Village Premium), **League - Merged Cost into General/Municipal Liability Premiums. Increase 2010/11 2011/12(Decrease) Property $ 30,201 $ 31,123 $ 922 Inland Marine $ 4,512 $ 49567 $ 55 Equipment Breakdown $ 39249 $ 39320 $ 71 General/Municipal Liability $ 39,064 $ 41,647 $ 29583 No Fault/Sewer Backup $ 39318 $ 49627 $ 19309 *Liquor Liability — Off Sale $109144 $ 99741 ($ 403) Automobile $14,884 $139671 ($19213) Fidelity/Employee Dishonesty $ 918 $ 836 ($ 82) Open Meeting Law** $ - 0 - $ - 0 - $ - 0 - Workers' Comp $1009661 $1035832 $ 3,171 Volunteers $ 987 $ 927 ($ 60) TOTAL LMCIT $2079938 $214,291 $ 6,353 *Liquor Off -Sale: (Combined - Market Place and Silver Lake Village Premium), **League - Merged Cost into General/Municipal Liability Premiums. RISK INVESTMENTS COMMUNICATIONS CONSULTING OUTSOURCING 13 530 North Robert Street St. Paul, Minnesota 55101 T 651.227.8405 BEARENCE® F651227.0507 MANAGEMENT GROUP www.bearence.com CITY OF ST. ANTHONY VILLAGE PREMIUM BREAKDOWN AND COMPARISON COVERAGE 2010/2011 2011/2012' PROPERTY" $30,201 $31,123 INLAND MARINE` 4,512 4,567 EQUIPMENT BREAKDOWN' 3,249 3,320 MUNICIPAL LIABILITY' 39,064 41,647 NO FAULT SEWER BACK-UP* 3,318 4,627 LIQUOR LIABILITY` 10,1114 9,741 AUTOMOBILE CRIME` _...,. _. _.. INCLUDED... _ ,INCLUDED EMPLOYEE DISHONESTY BOND" 918 836 OPEN MEETING LAW INCLUDED INCLUDED WORKERS COMPENSATION 00,66 7 103,832 VOLUNTEER AccIDENT PLAN 987 927 TO FAL ALL PREMIUMS $207,938 $214,291 $10,000/50.000/ 1 ,000 ALI_. LINES DEDUCTIBLE, EXCEPT $2,500 DEDUCTIBLE FOR EQUIPMENT BREAKDOWN COVERAGE. NO FAULT SEWER BACKUP LIMIT INCREASED TO $25,000. NOTE: DO NOT PAY UNTILYOU RECEIVE INVOICES! T I11S COMPARISON IS PROVIDED ASA BRIEF OUTLINE OF YOUR POLICY. PI_EASL REFER 10 11 iE PROVISIONS FOUND IN YOUR POLICY FOR THE DETAILS OF YOUR COVERAGES, TERMS, CONDITIONS AND EXCLUSIONS THAT APPLY. 14 CITY OF ST. ANTHONY PREMIUM COMPARISON PAGE 2 FOR BUILDING, CONTENTS, OF LIMIT UM SCHEDULED MOBILE EQUIPMENT UNSCHEDULED EQUIPMENT -ANY ONE ITEM $25.000 IN VALUE AND UNDER -TIV VALUE IUM PREMIUM In 11 111 •111• 1,123 5,000,000 100, 000 $31249 i- $3,320 4,529,200 1 4,940,850 265,500 I 268 600 400,000,000 400,000,000 1.11 33 33 --- - 6 5,0001, 651000 21,151 ,100 3,107 250 _._. INCLUDED _.... INCLUDED ...... ... 2 2. 10,199,300 11,478,400 $42,382 $46,274 THIS COMPARISON IS PROVIDED ASA BRIEF OUTLINE OF YOUR POLICY. PLFASF_ REFER TO THE PROVISIONS FOUND IN YOUR POLICY POR THE DETAILS OF YOUR COVLRAGES, TERMS, CONDIMONS AND EXCLUSIONS THAI' APPLY. 15 Cf1Y OF ST. ANTHONY PREMIUM COMPARISON PAGE 3 # OF UNITS PREMIUM FOR DEPOSITORY FORGERY, MONEY AND LIMIT PREMIUM REIMBURSABLE COSTS DEFENSE COSTS PER LAWSUIT PER OFFICIAL AGREEMENT TERM AGGREGATE PER OFFICIAL _.._ ....................._......... . PREMIUM 1 m $918 ...._...._..... INCLUDED $50,000 1 $50,000.. INCLUDED LIQUOR Lwa� LIMIT OF LIABILITY _,. $1 ,000 000 $1 ,000,000 ESTIMATED ANNUAL RECEIPTS (OFF SALE) 6,826.900 6,870,000 PREMIUM .._.... _.._ __.. _..._.I' -. $10,1Z141 _.. _ $9.74 1.. THIS COMPARISON IS PROVIDED ASA BRIEF OUTLINE OF YOUR POLICY. PLEASE REFER TO THE PROVISIONS FOUND IN YOUR POLICY FOR THE DETAILS OF YOUR COVERAGES, TERMS, CONDITIONS AND EXCLUSIONS THAT APPLY. CITY OF ST. ANTHONY PREMIUM COMPARISON PAGE 4 201,260 --- ------- -------- - 479,286 10,314 POLICE (NON-SMOKING)#77211,749,868 - ............. 1,902,061 POLICE RESERVES (NON SMOKING) #7723 ....... ... ----- 53,976 59 13 1 , DFF SALE LIQUOR STORE #8017 454,61 2 I 489,265 CITY s HOP YARD #8227 24,674 CLERICAL #8810 665 229 700,460 CLERICAL (LIQUOR STORE)#881 0 43,798 34,320 BUILDINGS OPERATION BY OWNER, #9015 PARKS #9102 1 31 ,739 MUNICIPAL EMPLOYEES #9410 j 59,648 70,336 ELECTED/APPOINTED OFFICIALS #941 1 34,456 33,869 BOARDS & COMMISSIONS #941 144,553 45,864 EXPERIENCE MODIFICATION76 .78 PREMIUM $100,661 j $ 103,832 TOTAL PAYROLL $4,256,204 $4,566,783 WEEKLY DISABILITY MEDICAL BENEFIT TOTAL LIMIT PREMIUM 16 4 1 004bo 1,000 1,000 i 500,060 500,000 I $987 $927 THIS COMPARISON IS PROVIDED ASA BRIEF OUTLINE OF YOUR POLICY. PLEASE REFER TO THE PROVISIONS FOUND IN YOUR POLICY FOR THE DETAILS OF YOUR COVERAGES, TERMS, CONDITIONS AND EXCLUSIONS THAT APPLY. 17 CITY OF ST. ANTHONY VILLAGE RESOLUTION 11-037 A RESOLUTION ESTABLISHING LIMITED CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS WHEREAS, the City of St. Anthony provides water and sanitary sewer services to properties within the City of St. Anthony; and WHEREAS, water main breaks may cause water to enter into property causing damage; and WHEREAS, blockages or other conditions in the City of St. Anthony's sanitary sewer lines may cause the back-up of sewage into properties that are connected to those City of St. Anthony sanitary lines; and WHEREAS, it is often difficult to determine the exact cause and responsibility for water main breaks and sanitary sewer back-ups; and WHEREAS, the City of St. Anthony desires to minimize the potential of expensive lawsuits arising out of water main breaks and sanitary sewer back-up claims; and WHEREAS, the City of St. Anthony is a member of the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, LMCIT has offered the City of St. Anthony limited "no fault" sewer coverage and water main break coverage that will reimburse users of the water and sewer system for certain clean-up costs and property damage regardless of whether the City of St. Anthony is at fault. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of St. Anthony, as part of the contract for providing water and sewer services to the customers of the City of St. Anthony, and in consideration of the payment of water and sewer bills, agrees to reimburse water and sanitary sewer customers for up to $25,000 of clean-up costs and property damages caused by a water main break or sanitary sewer back-up, regardless of whether the City of St. Anthony is negligent or otherwise legally liable for damages, subject to the following conditions: I. Sanitary Sewer Back -Ups. For sanitary sewer back-ups: A. The back-up must have resulted from a condition in the City of St. Anthony's sanitary sewer system or lines, and not from a condition in a private line. B. The back-up must not have been caused by catastrophic weather or other events for which Federal Emergency Management Assistance is available. C. The back-up must not have been caused by an interruption in electric power to the City of St. Anthony's sewer system or to any City of St. Anthony's lift station, which continues for more than 72 hours. D. The back-up must not have been caused by rainfall or precipitation that would constitute a 100 -year storm as determined by the National Weather Service. E. Neither the City of St. Anthony nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner's own homeowners' or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage. F. The maximum amount that the City of St. Anthony or LMCIT will reimburse is $25,000 per building, per year. In this regard, a structure or group of structures served by a single connection to the City of St. Anthony's sewer system is considered a single building. II. Water Main Breaks. For water main breaks: A. LMCIT will pay for claims presented by the City of St. Anthony for water main break damage to property of others which was not caused by the City of St. Anthony's negligence. B. Neither the City of St. Anthony nor LMCIT will pay for damages or expenses for which the property owner has been or is eligible to be reimbursed by any homeowners' or other property insurance. C. The maximum amount that the City of St. Anthony or LMCIT will reimburse is $25,000 to any claimant, regardless of the number of occurrences or the number of properties affected. D. Neither the City of St. Anthony nor LMCIT will pay more than $250,000 for water main break damages resulting form any single occurrence. All water main break damage which occurs during any period of 72 consecutive hours is deemed to result from a single occurrence. If the total water main break damage for all claimants in a single occurrence exceeds $250,000, the reimbursement to each claimant will be calculated as follows: 1. A preliminary reimbursement figure is established for each claimant, equal to the lesser of the claimant's actual damages or $25,000 2. The sum of the preliminary reimbursement figures for all claimants will be calculated. 3. Each claimant will be paid a percentage of his or her preliminary reimbursement figure, equal to the percentage calculated by dividing ,,$'250,000 by the sum of all claimants' preliminary reimbursement figures. Adopted this 28th day of Lune 2011 ATTEST: City Clerk Review for Administration: City Manager Mayor ON CITY OF ST. ANTHONY VILLAGE RESOLUTION 11-038 A RESOLUTION REGARDING RENEWAL OF MUNICIPAL INSURANCE COVERAGE AND THE WAIVER OF TORT LIABILITY LIMITS FOR THE LEAGUE OF MINNESOTA CITIES INSURANCE PROGRAM. WHEREAS, the City Council of the City of St. Anthony hereby approves participation in the League of Minnesota Cities Insurance Trust (LMCIT) insurance program for the year 2011/2012; and WHEREAS, the City has elected to purchase liability coverage in the amount of $1,500,000.00 per occurrence, as set forth in the MN Statutes 466.04, Subd. 7. WHEREAS, the City will maintain its present coverage of $10,000 deductible with a maximum $50,000 aggregate loss in one year. BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the renewal of insurance coverage through the League of Minnesota Cities at a total cost of $214,291 for the policy period of June 1, 2011 to May 31, 2012. THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of St. Anthony hereby approves waiving of the monetary limits on tort liability established by MN statute 466.04, Subd. 7, to the extent of the limits of the liability coverage obtained from the LMCIT for the policy period of June 1, 2011 to May 31, 2012. Adopted this day of 2011. ATTEST: City Clerk Review for Administration: Mayor City Manager 20 'n nthary illa C% 72EQ2 LESTFOR COkNCIL C0NSIDF"7TI0N Report Date: June 28, 2011 Agenda Section: III. F. Meeting Date: June 28, 2011 ITEM DESCRIPTION: Resolution 11-039; Accepting a Grant from the Mississippi Watershed Management Organization (MWMO) for the St. Anthony Public Works Department Parks Division. MANAGER'S REVIEW. 21 The St. Anthony Public Works Department applied for a grant through the Mississippi Watershed Management Organization (MW WO). The grant application was accepted for the amount of $5,972.88 in which the Public Works Department Parks Division will purchase an over seeder. This over seeder will help with maintaining the grass in the city parks and all city facilities. Michael Mornst(n City Manager R\Council Meet ings\2011A06282011Astaffmwmo gianI doc - I - CITY OF ST. ANTHONY VILLAGE RESOLUTION 11-039 A RESOLUTION ACCEPTING A GRANT FROM THE MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION (MWMO) FOR THE ST. ANTHONY PUBLIC WORKS DEPARTMENT PARKS DIVISION WHEREAS, the City of St. Anthony's Public Works Department applied to the Mississippi Watershed Management Organization (MWMO) for a mini grant; and WHEREAS, the City of St. Anthony's Public Works Department received the grant in the amount of $5,972.88; and WHEREAS, the City of St. Anthony's Public Works Department will use this grant to purchase an over seeder to improve the grass quality within in the City's parks and public facilities. NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony accepts a grant from the Mississippi Watershed Management Organization (MWMO) for the St. Anthony's Public Works Department Adopted this 2801 day of June, 2011 Mayor ATTEST: City Clerk Review for Administration: City Manager FACounctI Meetings\2011A06282011Arus grant mwmo.doc 22 23 STAFF REPORT To: Mayor and City Council members From: Kim Moore -Sykes, Assistant City Manager Date: June 28, 2011 Subject: Amending Zoning Ordinance 152.142 Light Industrial District Permitted Conditional Uses Background. At the May 2, 2011 and May 31, 2011 City Council work sessions, Staff reported on the need to amend the City's Zoning Ordinance 152.142, Light Industrial District Permitted Conditional Uses, to return language to the Zoning Code that had been mistakenly omitted from the City Code by the publisher. Staff noticed the language omission when an applicant requested a meeting to discuss the possibility of having an assembly place at 2828 Anthony Lane South. This language had be approved by the City Council prior to the City's Code of Ordinances being recodified in 2009 and allowed, with a conditional use permit, assembly places, meeting lodges, or convention halls in the Industrial Zoning District. In addition, catering operations, delicatessens, and cafeterias were included as allowed as conditional uses. While discussing the omitted ordinance language, Council also asked Staff to research subsection (g) of the same Section, regarding caretaker units for mini -warehouse facilities. They questioned the need for this subsection. Staff found that the cities of Columbia Heights, Fridley and Roseville still allow caretaker units, in addition to surveillance cameras. The caretaker unit for the mini -warehouse storage facility in St. Anthony appears to be used largely for storage; no one appears to be living there. Since there appears to be no need for caretaker units any longer, Council is proposing the following revisions to §152.142, Permitted Conditional Uses, including striking the caretaker language at §152.142 (g) and to re -sequencing 152.142 in the following manner: (g) e bedroom each, for use as residences for ,.. pt.Lers fRy a 4..;4qiy ar faei4ity.t Ne chAwelling unit may be occupied by a person other than a bella fid -P ca4etakpi- Rf 4:R_i4A*a+eheti6e faeility and the caretaker's spouse and-dependprit ebi-Idi-pri. For- purposes of this z�d vv=a ..nvcqcff nra eenr-ceiccr£xr"s (h) (g) Assembly, meeting lodge, or convention halls. (i) (h) Catering operations and in-house cafeterias not intended for retail or public use and delicatessens. xrc&cCssenS. (j) (i) Day-care Center without drive-through facilities. Attachments. • Ordinance 2011-004; Amending Zoning Ordinance 152.1.42 Light Industrial - Conditional Uses (first reading) P:WounciI Meetings\2011A0628201 IWaff l,I Industrial Zone assembly ordinance amendnlenislaff LI Industrial Zone assembly ordinance amendment CITY OF ST. ANTHONY VILLAGE ORDINANCE 2011-004 AN AMENDMENT TO ZONING ORDINANCE 152.142 LIGHT INDUSTRIAL DISTRICT PERMITTED CONDITIONAL USES The text amendment would read as follows: 152.142 Permitted Conditional Uses. (g) Assembly, meeting lodge, or convention halls. (h) Catering operations and in-house cafeterias not intended for retail or public use and delioatesse-ns. (i) Day-care Center without drive-through facilities. In the City Ordinance Chapter 31.06, it states that rezonings or other zoning ordinance amendments shall require only one reading. Adopted: Mayor A'I"I'IS'r: City Clerk publish: St. Anthony Bulletin 24 25 STAFF REPORT To: Mayor and City Council members From: Kim Moore -Sykes, Assistant City Manager Ivw Date: June 28, 2011 Subject: Amending Zoning Ordinance Section 152.226, Limited Continuation Background. Staff received a letter dated May 31, 2011 from the City Attorney indicating, that as the result of recent legislative action, it had become necessary for the City to update the City's Zoning Code to reflect the current provisions of the Minnesota Statutes dealing with limited continuation or nonconformities. Essentially, MN Stat., Section 462.337, subd. le has been amended to provide the following: that any nonconformity may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion; unless the nonconformity or occupancy is discontinued for a period of more than a year; or any nonconforming use is destroyed by fire or other peril to the extent greater than 50% of its estimated market value and no building permit has been applied for within 180 days of the property's damage. The City's limited continuation ordinance currently does not comply with Minnesota statutes because it does not allow for the nonconformity to be reconstructed or replaced. Minnesota statutes also do not allow that a city's code provisions for nonconformities can be more restrictive than Minnesota law. Attachments. • Letter from the City Attorney, RE: amending Section 152.226, Limited Continuation • Ordinance 2011-05; Amending Zoning Ordinance 152.226 Nonconformitics into Compliance with recently Amended Provisions of MN State Statute 162.357 subd. IE (first reading) F:ACunciI Meetings\2011A0628201 IWillTl I limited continuance ordinance amend[Ile It. docstaffI I limited continuance ordinance amend me [It W-1 CITY Or ST. ANTHONY VILLAGE ORDINANCE 2011-05 AN ORDINANCE AMENDING SECTION 152.226 Or THE ST. ANTHONY CITY CODE, The City Council of the City of St. Anthony hereby ordains: Section 1. Amendment of Section 152.226 of the St. Anthony City Code. Section 152.226 of the St. Anthony City Code shall be amended to read as follows: "§ 152.226 LIMITED CONTINUATION. f1-nencenfermixg�se-er• stru tlrerN,ise Except as otherwise provided by law, any nonconformity, including a nonconforming use or occupation of land or premises, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless: (A) Existing-stnue4ure. Change to conforming use. Ne stracR used fer a r '' ' '' ..t^„dna t „eted--�eplaEed er�eved-except-te ehange it to ” ^^„r rming-use. The property used for a nonconforming use is subsequently used for a conforming use. (B) Viae on -o use. Discontinued use. No nonee.. or ;.inb-umay-be-extended-te eeeupy any -additional- ' s he nenc „r „d: The nonconformity or occupancy is discontinued for a period of more than one year. (C) Changz t^ ^^._r ni. Destruction of building. lfpreperty-usead fora rienee armiixg-cr thef eafter-be-resur ed. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of the estimated market value, as indicated by the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. (1993 Code, § 1660.02) Penalty, see § 10.99.” (D) Discontinued use.:�,'z-.�wri-a4hme-enroa'mfnb-us is-diseentraued- for te-pe z .on, hs, 4L... „F «:ii 7n�be „�: b tlV Y Adopted: ATTEST: City Clerk Publish: St. Anthony Bulletin -2- Mayor 27 N'? STAFF REPORT To: Mayor and City Council members From: Kim Moore -Sykes, Assistant City Manager Y1� Date: June 28, 2011 Subject: Amending Zoning Ordinance 152.245 Variances Background. At the May 31, 2011 City Council work session, Staff reported on the need to amend the City's Zoning Ordinance 152.245, Variances. On May 5, 2011, Gov. Dayton signed into law, Chapter 19 of the 2011 Minnesota Laws which amends Minnesota Statutes, section 462.357, subd. 6 to restore municipal variance authority in response to the Minnesota Supreme Court's ruling in Knavnrenacher v. City of Minnetonka, 783 N.W.2d 721 (Minn June 24, 2010), which resulted in the cities being unable to grant variances since it was their stance that generally properties can be put to some reasonable use without a variance. This amendment that became effective on May 6, one day after the Governor signed the bill, changes the standard for granting variances from "undue hardship" to requiring the applicant to establish that there are "practical difficulties" associated with the property in complying with the City's zoning code. The new law still retains the familiar three -factor test of reasonableness, uniqueness, and essential character previously associated with "undue hardship" in explaining reasons for noncompliance with the zoning code. Also included in the new law was this additional sentence: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the comprehensive plan" The City Attorney and Staff drafted the attached amendment to the City's Zoning Code on Variances to include the new language of Minnesota Statutes, Chapter 19 for the Planning Commission's consideration and recommendation. Attachments. • Letter from the City Attorney RE: Variance Ordinance amendment • League of Minnesota Cities' 2011 Variance Legislation • Ordinance 201.1-006; Amending Zoning Ordinance 1.52.245 Variances Virst reading) P:ACounciI Meetings\201 1\0628201 I\sIal'I'Variance ordinance amendmentstitT Variance ordimmce amendment May 31, 2011 Mr. Michael Mornson City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 1:30RSEY" 29 DORSEY & WHITNEY LLP JEROME P. GILLIGAN (612) 340-2962 FAX (612) 340-2643 gilligan.jerome@dorsey.com Re: Amendment to Zoning Code for Nonconformities and Variances Dear Mr. Mornson The City Council is considering amendment to the provisions of the City's Zoning Code relating to nonconformities and variances. These changes are necessary to update the Zoning Code to reflect the current provisions of Minnesota Statutes, Section 462.357 dealing with nonconformities (Minnesota Statutes, Section 462.337, subd, le) and variances (Minnesota Statutes, Section 462.357, subd. 6). Minnesota Statutes, Section 462.357, is the statute that gives the City the authority to adopt its Zoning Code and sets forth various zoning requirements. The Minnesota Legislature has previously adopted revisions to Minnesota Statutes, Section 462.357, subd. le that provide that any nonconformities may be continued, including though repair, replacement, restoration, maintenance or improvement, but not including expansion, unless (i) the nonconformity or occupancy is discontinued for a period of more than one year; or (ii) any conforming use is destroyed by fire or other peril to the extent greater than 50% of its estimated market value and no building permit has been applied for within 180 days of which the property is damaged. Currently Section 152.226 of the City Code does not comply with the provisions of Minnesota Statutes, Section 462.357, subd. le, because it provides that no nonconformity may be reconstructed or replaced. The City's Zoning Code provisions for nonconformities cannot be more restrictive than Minnesota law, and Section 152.226 of the City Code should be amended by the City Council to comply with the current requirements of Minnesota law for nonconformities. In 2010 the Minnesota Supreme Court in Krummenacher v. Minnetonka interpreted the "undue hardship" standard for the granting of variances then contained in Minnesota Statutes, Section 462.357, subd. 6, to require a variance applicant to prove that the property in question cannot be put to a reasonable use without the variance. This interpretation by the Supreme Court of the standard for granting variances resulted in cities being unable to grant variances in DORSEY & WHITNEY LLP • WWW.DORSFY.COM • T 612.3402600 • F 612340.2868 SUITE 1500 • 50 SOUTH SIXTIi STREET • MINNEAPOLIS, MINNESOTA 55402-1498 LJSA (-ANA[>A EIJROPG. ASIA -PACIFIC C )�DORSEY- 30 Mr. Michael Morrison May 31, 2011 Page 2 virtually every case since properties generally can be put to some reasonable use without a variance. In response to the Minnesota Supreme Court's decision in Krummenacher v. Minnetonka, the Minnesota Legislature at its 2011 session amended Minnesota Statutes, Section 462.357, subd. 6, to change the standard for granting variances from the "undue hardship" standard, to require the applicant to establish that there are "practical difficulties" in complying with the zoning ordinance. "Practical difficulties" is defined as follows: "Practical difficulties" as used in connection with the granting of a variance means the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality." Currently Section 152.245(C) of the City Code contains the "undue hardship" standard for granting variances, and needs to be updated to provide for the "practical difficulties" standard now contained in Minnesota Statutes, Section 426.357, subd. 6, in order to comply with the current Minnesota law for granting variances. Should you have any questions please give me a call. Yours Truly, n Prom- P. Gilligan JPG/pmh cc: Kim Moore -Sykes DORSEY 8 wrurN1 Y LLP 31 O O j EAGUE of CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES 2011 Variance Legislation The changes, which are now in effect, may require some cities to change ordinances or statutory cross-references. After a long and contentious session working to restore city variance authority, the final version of HF 52 supported by the League and allies was passed unanimously by the Legislature. On May 5, Gov. Dayton signed 2011 Minnesota Laws, Chapter 19, amending Minnesota Statutes, section 462.357, subdivision 6 to restore municipal variance authority in response to Krummenacher v. City of Minnetonka, 783 N. W.2d 721 (Minn. June 24, 2010). The law also provides consistent statutory language between Minnesota Statutes, chapter 462 and the county variance authority of Minnesota Statutes, section 394.27, subdivision 7. In Krummenacher, the Minnesota Supreme Court narrowly interpreted the statutory definition of "undue hardship" and held that the "reasonable use" prong of the "undue hardship" test is not whether the proposed use is reasonable, but rather whether there is a reasonable use in the absence of the variance. The new law changes that factor back to the "reasonable manner" understanding that had been used by some lower courts prior to the Krummenacher ruling. The new law was effective on May 6, the day following the governor's approval. Presumably it applies to pending applications, as the general rule is that cities are to apply the law at the time of the decision, rather than at the time of application. Learn More Read more about variances in: Land Use Variances: Frequently Asked Questions The new law renames the municipal variance standard from "undue hardship" to "practical difficulties," but otherwise retains the familiar three -factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. Also included is a sentence new to city variance authority that was already in the county statutes: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the comprehensive plan." In addition, the new law clarifies that conditions may be imposed on granting of variances if those conditions are directly related to and bear a rough proportionality to the impact created by the variance. Consult your attorney for advice concerning specific situations. LEAGUE OF MINNESOTA CITIES 14SUNIVEHSI'rYAVE. WEST PHONE: (651)281-1200 FAx: (651) 281-1298 INSURANCE TRUST 5'r. PAUL., MN 55103-2044 TOLL FREE: (800) 925-1122 wrn: www.lMconc 32 In evaluating variance requests under the new law, cities should adopt findings addressing the following questions: • Is the variance in harmony with the purposes and intent of the ordinance? Is the variance consistent with the comprehensive plan? • Does the proposal put property to use in a reasonable manner? • Are there unique circumstances to the property not created by the landowner? • Will the variance, if granted, alter the essential character of the locality? Some cities may have ordinance provisions that codified the old statutory language, or that have their own set of standards. For those cities, the question may be whether you have to first amend your zoning code before processing variances under the new standard. A credible argument can be made that that the statutory language pre-empts inconsistent local ordinance provisions. Under a pre-emption theory, cities could apply the new law immediately without necessarily amending their ordinance first. In any regard, it would be best practice for cities to revisit their ordinance provisions and consider adopting language that mirrors the new statute. Attached are a collection of sample documents reflecting the 2011 variance legislation. The attached samples include a draft ordinance, application form, and findings of fact template. While the attached materials may contain provisions that could serve as models in drafting your own documents, your city attorney would need to review prior to council action to tailor to your city's needs. Your city may have different ordinance requirements that need to be accommodated. If you have questions about how your city should approach variances under this new statute, you should discuss it with your city attorney or contact Jed Burkett, LMC land use attorney, at jburkett@Imc.org or (651) 281-1247, or Tom Grundhoefer, LMC general counsel, at tgrundho@hnc.org or (651) 281-1266. Jed Burkett 06/11 33 CITY OF ST. ANTHONY VILLAGE ORDINANCE 2011-06 AN ORDINANCE AMENDING SECTION 152.245(C) OF THE ST. ANTHONY CITY CODE Section 2. Amendment of Section 152.245(0) of St. Anthony City Code. Section 152.245(C) of the St. Anthony City Code shall be amended to read as follows: "(C) Evidence. No variance will be granted unless the evidence presented discloses all of the following facts. (1) The subject matter of the application is within the scope of this section. (2) Strict enforcement would cause-un4ue4adship practical difficulties because: (a) The property eannot be put to a feasonab! host -thea na ce:ew}rer proposes use -easenable-tanner•-net-pe :tt zening-cede; owner proposes to use the property in a reasonable manner not permitted by the zoning code; (b) The eiFeurnstanees causing the' F ere–not-oreated-by-the-ewner; The plight of the property owner is due to circumstances unique to the property not created by the property owner; (c) The variance, if granted, will not alter the essential character of the locality; and/or (d) Economic considerations alone are not the basis of the hardship practical difficulties. (3) Thecircumstances causing the hardshipare- n t.. tr... .,.7: ;.7, .,1Prepe..ry unarm sideration variance, if granted, would be consistent with the City's comprehensive land use plan. (4) The granting of the variance is in ke-epirig-mi"e-spifWharmony with the general purposes and intent of the zoning code." Section 3. Effective Date. This ordinance shall become effective as of its date of adoption. Adopted: ATTEST: City Clerk Publish: St. Anthony Bulletin -2- Mayor 34 - 4,01 . 4'{ ty, i 35 • Comprehensive Annual Financial Report • State Legal Compliance Report • Report on Internal Controls • Communication with those charged with governance • Audit Management Report 36 • The financial statements are the responsibility of management • The role of the Independent Auditor is to report on the fair presentation of the financial statements • "Clean opinion" issued on the 2010 financial statements �+.•n'pno:ou aoq.npvvyn' m. �T... R...�,.%L,.. Required by Minnesota Statute 46.65 OSA 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 provisions No findings of noncompliance 37 Consideration of internal control as a basis for designing audit procedures. No opinion on internal control. Two: deficiencies reported The deficiencies are listed in the Internal Control. Report. Finance Department has included their response to these findings in the Internal Control Report ®Tne`ww`i°."ew"l LTD. yra Legal Compliance—no findings in 2009 or 2010 • Internal Control — Findings repeated in 2010: • Lack of segregation of duties • Oversight of financial statement preparation ®aUrac$R PATTx,LTD. 2005 - 2010 Findings Internal Control Legal Material Significant Year Compliance Weakness Deficiency Total 2005 2 2 4 6 2006' 2 2 7 9 207 1 2 6 a 2000 0 1 3 4 2009 0 0 2 2 2010 0 0 2 2 ' new standards elfe dise ®aUrac$R PATTx,LTD. An allocation of the $1,624,700 General Fund balance at December 31, 2010 is as follows: Reserved for prepaid items $57,430 Designated: Working capital 1,479,270 Self insurance reserve 60,000 Unemployment reserve 28,000 Total designated 1,567,270 Undesignated - Total fund balance $1,624,700 39 The fund balance available at December 31, 2010 is sufficient to meet the City's policy for minimum fund balances as follows: 2011 budget- 'r S5,410,000 1555: Police SoNces to other cities (1,05.100) Net 2011 budget 4,421,900 Minimum balance 30% City minimum w Irg capital fund balance $1,320,510 Amount awliable at 12/31110 $1,419,210 Actual percent of budget 33.45% ®TA..14 1tm, me. — Water and Sewer Enterprise Fund: • Water operations for the past four years is as follows: • The City implemented tiered water rates effective January 1, 2010. ®hmbwaI.m".arya. — Water and Sewer Enterprise Fund: • Sewer operations for the past four years is as follows: u.mop,..uo. swa,aa �' o.a s3oo.o00 — rooaao oma µ �:a s6ao.000 �: s6ao.oro s!oo.om stao.000 s3oo.oro — sl000ro s:oo.000 000 uoo.oaa sloo.oro I.- 3866 .W9 .010 There was no change to sewer rates in 2007 through 2009. The City increased sewer rates effective January 1, 2010. Rates do not cover depreciation on infrastructure r...nRonT.,, U. Liquor Fund: - 2010 net income before transfers is $465,798. - An analysis of 2010 activity is as follows: O%nlMrtwlun Yf 40336, ,N.D% 1t., 31.5W ,WUb 598M.W1 ,N.Dx w,olDtoa. [aa za�_im >6ab ?se>ma >s_ax sn?mx >sfix mv:BM h3`.19 lI1•b )19.6K Yi,6'b I.g{839 J.<•b gRlapuvlvy npemt[ �'J.-0_i0l 153'b �B IB3 1>S'b 11815 183'b Mi Ntm kqn ytnlbn ]M.]W &Ox ,93.W 8.3% KN,, 51 >3M Xla'..'.w'rv'ammm I+o ss]2 i2—S1-1 �2-1�-48-2 Ircorta M6lo lnmbn f3Df.103 ].]x 4181bM GDx s165.]B3 8.8.1 1mr?+n)uv Dnp tr.xvv t•^.,nm .o n ®Uumcs'RtD wX,GD. 41 • Liquor Fund: • Operating Expenses —Operating expenses for the past seven years have been as follows: ®iAbwRI.°r•I.I"JI.. HRA — Total HRA Fund balance is $960,342. — The fund balance in the various accounts are as follows at December 31, 2010: wod Percent of Sales Year Amount City State Mtg. 2004 $678,419 17.8% 17.9% 2005 854,207 16.1% IT9% 2006 929,338 16.0% 18.0% 2007 985,377 15.9% 18.6% 2008 1,049,110 16.5% 17.2% 2009 1,058,977 16.0% 17.9% 2010 1,106,675 16.2% Not Available ®iAbwRI.°r•I.I"JI.. HRA — Total HRA Fund balance is $960,342. — The fund balance in the various accounts are as follows at December 31, 2010: TAuTGs RE PwiN7 U0. wod Balance(006' CAFR WR Fund IW31110 SW,u nl _Exhibit 6enor8l HRA(ePmual rewnue Alm 159],9721 6lommon114 neLl suMbe 19WA Apache (Cub Focdn) ExhWI Public 0acililies Rewnuo som5 503,937 Exhi611 TP Rewnuc Sued, 2M - ExhiUll TIF Relenue Bonds 1007 [hlbill TWII HlN 0MA SUM- 503.937 Slatomenl3 HM PmjsWm Chandler PI.,W @0,900 ExhIm3 Apache (N'al Mad) TF (761,355) Exhib113 Apache(Cub Foods) TF 856,102 EOW3 HRA cileded P,.,bou 35.G5 Exhidt3 TAM HRA Projects 55077 SlIturub t 3 TaaI HM 59603x2 TAuTGs RE PwiN7 U0. 42 • Required communications: — 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 — Other information in documents containing audited financial statements Other Matters: — The City will be required to implement GASB Statement No. 54, Fund Balance Reporting and Fund Type Definition for the year ended December 31, 2011. 'n nth y illa CJ Report Date: Meeting Date: ITEM DESCRIPTION: RE21(EST FO%' OOkNOIL GONSIDERA77ON June 28, 2011 June 28, 2011 Agenda Section: VI. C. Resolution 11-040; Approving the Contract Agreement for Police Services with the City of Falcon Heights for 2012 through 2013. 43 MANAGER'S REVIEW: Attached is a renewal of the contract agreement for police services with the City of Falcon Heights for the years 2012 and 2013. The following is a summary of the increases for services: 2009 Proposed Contract 2012 $590,167 $596,069 Attachments: • Renewal Cover letter for Falcon Heights • Contract for Services with Falcon Heights • Resolution 7.'1-040; Approving the Renewal of a Contract for Police Services for the City of Falcon IIeights for 2012 - 2013. F:ACouncil Meetings\2011A06282011Asleffl'alcon heights.doc - I - Proposed 2013 $602,030 Michael Mornson V City Manager June 2, 2011 Justin Miller City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, Minnesota 55113 Dear Justin: Enclosed is the Contract Agreement for police services for 2012 and 2013 between the City of Falcon Heights and City of St. Anthony. The increases for each contract year are 1 % respectively. The St. Anthony City Council will schedule approval after Falcon Heights approves the contract. Here is a current summary of the cost for services: 2011 Proposed Proposed Contraet 2012 2013 $590,167 $596,069 $602,030 If you have any questions, please contact me at 612-782-3311 or email at mike. mornson@ci.saint-anthony.mn.us Sincerely,ncf Michael J. Morrison City Manager Enclosures 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 - www.ci.saint-antiiony.mn.us -(612) 782-3301 -FAX (612) 782-3302 Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. 45 Contract Agreement for Police Services Page 1 CONTRACT AGREEMENT FOR POLICE SERVICES This Agreement is made and entered into as of 2011 between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota ("St. Anthony") and the CITY OF FALCON HEIGHTS, a municipal corporation under the laws of the State of Minnesota ("Falcon Heights"). The services to be performed under this Agreement will commence January 1, 2012. I. PURPOSE St. Anthony and Falcon Heights have the power within their respective cities to provide for the prevention of crime and for police protection. Under Minnesota Statutes, Section 471.59, the cities may, by agreement, provide for the exercise of the police power by one city on behalf of the other city. This Agreement sets forth the terms and conditions under which St. Anthony will provide police services for Falcon Heights. St. Anthony will have full authority and responsibility to provide services in accordance with all enabling legislation under the laws of the State of Minnesota and the ordinances of Falcon Heights. St. Anthony will provide feedback to the Falcon Heights City Administrator and City Council on a regular and timely basis, and will actively support the creation of a Joint Advisory Committee pursuant to Section IX of this Agreement, whose members come from both cities, and whose purpose is to review, monitor, and ensure a successful relationship between the two cities under this Agreement. IL INTE'RPRETATION This Agreement is entered following the preparation by Falcon heights of a Request for Proposal for Police Services and the submission of a Responsive Proposal by St. Anthony (the "Proposal"). To the extent that any of the provisions of this Agreement are inconsistent with the provisions of the Proposal, the provisions of this Agreement will control. If any provision of this Agreement is ambiguous, the parties agree that the Proposal may be looked to as evidence of the parties' intent. III. SERVICES St. Anthony will provide Falcon Heights with 24 hour police service, and will physically place a certified officer within the boundaries of Falcon Heights 24 hours each day, except in those instances when the officer makes an arrest and transports a prisoner, during mutual aid situations, when providing a backup for another officer, or when called away for a court appearance, booking or similar police matter. Subject to these exceptions and in normal circumstances, St. Anthony will provide 24-hour police protection and police presence each day within the City of Falcon Heights. In those instances stated above when an officer is not physically present in Falcon Heights, St. Anthony will respond to emergency police calls with other officers. IV. LEVEL OF SERVICES During the term of this Agreement, St. Anthony will provide to Falcon Heights the same police service extended to persons and property within St. Anthony, which will include, but not be limited to, the following: A. Patrol services, with random patrolling of all residential, business and public property areas during all shifts; B. Police presence within the boundaries of Falcon Fleights 24 hours each day, subject only to the exceptions noted above; Contract Agreement for Police Services Page 2 C. Animal control services as provided within the City of St. Anthony by the animal control service employed by St. Anthony; D. Dispatching Costs Dispatching services are to be paid directly by the municipality served by Ramsey County Dispatch. E. Enforcement of all ordinances of Falcon Heights which are intended to be enforced by police officers, with special attention being given to parking, winter and nuisance ordinances; F. 'Picketing for traffic violations will be done routinely during normal shifts; G. Crime prevention programs that encourage community involvement and investment in the City of Falcon Heights; in appropriate cases, referrals will be made to the Northwest Youth and Family Services Youth Diversion Program; H. Criminal investigations. Reports on police services and activities, including weekly, monthly and annual police reports; Responses to medical emergencies, fires and other emergencies; responses shall include, where appropriate, securing the scene for fire/rescue personnel, accompanying fire/rescue personnel to the hospital upon request of such personnel, and providing follow-up information to fire/rescue personnel upon request of such personnel; K. Officers will be available at Falcon Heights City Hall to answer questions from, and provide information regarding police activities to, Falcon Heights residents, business owners and staff on an as -needed basis; L. License inspections, background investigations and license enforcement services as called for under applicable state law or city ordinances; M. Review and comment, upon request, of proposed Falcon Heights ordinances affecting police services or enforcement; N. Follow-up on reported crimes with the person(s) who reported the crime, including routine notification by telephone or mail as to the status of the investigation; and O. Special event traffic patrol services. 47 Contract Agreement for Police Services Page 3 V. PAYMENT FOR SERVICES This Agreement will be effective January 1, 2012 and will continue until December 31, 2013. In consideration of the services to be provided under this Agreement, Falcon Heights will pay St. Anthony an annual fee of $596,069 for the year 2012, and an annual fee of $602,030 for the 2013, for the police service under this Agreement. VI. METHOD OF PAYMENT St. Anthony will bill Falcon Heights monthly for 1/12 of the annual fee, and Falcon Heights will promptly remit payments to St. Anthony within 30 days after receiving each billing from St. Anthony. VII. LIABILITY St. Anthony will be responsible for all liability incurred as a result of the actions of St. Anthony police officers under this Agreement, and will hold Falcon Heights, its officers and employees harmless for any liability resulting from actions of a St. Anthony employee and shall defend Falcon Heights, its officers and employees, against any claim for damages arising out of St. Anthony's performance of this Agreement; provided, however that if the claim, action or liability is one which is insured by St. Anthony's liability insurer, Falcon Heights will bear the first $5,000.00 of expense for any such claim, action or liability, or expenses relation thereto, including attorneys' fees, to the extent not covered by the insurer because of a deductible amount under the policy (which deductible amount is currently $10,000.00). VIII. ADMINISTRATIVE RESPONSIBILITY The law enforcement and police services rendered to Falcon Heights will be under the sole direction of St. Anthony. The standards of performance, the hiring and discipline of officers assigned, and other matters relating to regulations and policies related to police employment, services and activities, will be within the exclusive control of St. Anthony. The parties hereto expressly affirm the importance of work force diversity and St. Anthony agrees to use reasonable efforts, within applicable departmental budgetary limits, to recruit qualified female and minority police officers. IX. JOINT ADVISORY COMMTI"TFF Both cities will appoint members to a Joint Advisory Committee. The committee will meet at least once a year to ensure that this Agreement and the services performed pursuant to this Agreement are meeting the expectations of both cities. Any recommendations of the committee will be strictly advisory. X. COMMUNICATIONS, EQUIPMENT AND SUPPLIES St. Anthony will furnish all communication equipment and any necessary supplies required to perform the services, which are to be rendered under this Agreement. XI. COOPERATION AND ASSISTANCE AGREEMENTS Falcon Heights will be included in all Cooperative Agreements entered into by the St. Anthony Police Department with other police services units. Contract Agreement for Police Services Page 4 XII. HEADOUARTERS Headquarters for services rendered to Falcon Heights under this Agreement will be located at offices owned or leased by St. Anthony. The citizens of Falcon Heights may notify headquarters or Ramsey County radio dispatch for police services requested either in person or by some other means of communication. St. Anthony officers may take routine telephone calls and complete routine reports for Falcon Heights at the Falcon Heights City Hall, and Falcon Heights will have facilities available to the officers at Falcon Heights City Hall for this purpose. The facilities will include a desk, telephone, fax and copier. XIII. EMPLOYEES OF ST. ANTHONY Officers assigned to duty in Falcon Heights will at all times be employees of St. Anthony. All obligations with regard to workers compensation, PERA, withholding tax, insurance and similar personnel and employment matters will be the obligation of St. Anthony. Falcon Heights will not be required to furnish any fringe benefits or assume any other liability of employment to any officer assigned to duty within Falcon Heights. XIV. ENFORCEMENT POLICIES Enforcement policies of St. Anthony will prevail as the enforcement policies within Falcon Heights. A written statement of the current enforcement policies of St. Anthony will be provided in writing to Falcon Heights. XV. ENFORCEMENT OF ORDINANCES OF THE CITY OF FALCON HEIGHTS St. Anthony officers assigned to duty within Falcon Heights will enforce Falcon Heights' ordinances to the extent appropriate for enforcement by police officers. XVI. OFFICERS OF FALCON IIEIGIITS The officer's assigned duty within Falcon Heights will be provided with authority to enforce the laws of the City of Falcon Heights by proper action to be taken by the Falcon Heights City Council, and while performing services under this Agreement will be considered police officers of Falcon Heights. The Chief of Police of St. Anthony will furnish to the Falcon Heights City Administrator the names of all. St. Anthony police officers assigned to Falcon Heights, and all such officers will be appointed officers of the City of Falcon Heights. XVII. OFFENSES All offenses within Falcon Heights charged by police officers under this Agreement will be charged in accordance with Falcon I Ieights' ordinances when possible; otherwise, the charge will be made in accordance with the laws of the State of Minnesota or the laws of the United States of America. XVIIL COMMUNICATIONS St. Anthony agrees to provide the Falcon Heights Administrator with weekly, monthly and annual police reports, in a format as is mutually agreed to by the St. Anthony Police Chief and the Falcon Heights City Administrator. The St. Anthony Police Chief will regularly communicate with the Falcon Heights City Administrator in order to ensure that Falcon Heights is knowledgeable about any police activity in the City, and at the request of the Administrator the Police Chief will make presentations to the Falcon Heights City Council. Contract Agreement for Police Services Page 5 XIX. PROSECUTION AND REVENUES Falcon Heights will pay all costs of prosecution for all offenses charged within its boundaries or under its ordinances. LEAA funds and confiscated drug funds will be retained by St. Anthony. Fine revenues will be paid to Falcon Heights. P.O.S.T. training funds will be used for officer training. XX. CONTINUATION OF AGREEMENT This Agreement will be effective January 1, 2012 and will continue until terminated as described in Paragraph XXI below. In consideration for services provided under this Agreement, St. Anthony and Falcon Heights shall establish the fee for police services for the time period after December 31, 2013 by June 15, 2013. XXI. TERMINATION OF AGREEMENT Either St. Anthony or Falcon Heights may terminate the Agreement by submitting a written notification to terminate to the City Administrator of Falcon Heights and the City Manager of St. Anthony by June 15th of the odd numbered years that Falcon Heights or St. Anthony intends to terminate the Agreement. Termination of this Agreement shall be effective on December 318t at 11:59 p.m. of the year that either Falcon Heights or St. Anthony terminates the Agreement. XXII. REVIEW OF AGREEMENT From time to time the terms and conditions of this Agreement shall be reviewed and revised, as St. Anthony and Falcon Heights deem necessary. XXIII. ASSIGNMENT The rights and obligations of the parties under this Agreement will not be assigned, and St. Anthony will not subcontract for any services to be furnished to Falcon Heights (except as otherwise provided in this Agreement), without the prior written consent of the other party. The parties hereto have executed this Agreement as of the date first above stated. CITY OF FALCON HEIGHTS By: Mayor City Administrator Date: CITY OF ST. ANTHONY By: Mayor By:, City Manager Date: We CITY OF ST. ANTHONY VILLAGE RESOLUTION 11-040 A RESOLUTION APPROVING THE CONTRACT AGREEMENT FOR POLICE SERVICES WITH THE CITY OF FALCON HEIGHTS AND AUTHORIZES THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the City of St. Anthony and the City of Falcon Heights desire to enter into a joint powers agreement whereby the City of St. Anthony agrees to provide police services for the City of Falcon Heights for the period 2007 through 2009; and WHEREAS, the City of St. Anthony and Falcon Heights negotiated the renewal of the contract agreement for the period of 2010 through 2011; and WHEREAS, the City of St. Anthony and Falcon Heights have negotiated the renewal of the contract agreement for the period of 2012 through 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony hereby approves the Contract Agreement for Police Services with the City of Falcon Heights and Authorizes the Mayor and City Manager to execute said agreement. Adopted this 2801 day of June, 2011. ATTEST: City Clerk Review for Administration: Mayor City Manager wal '! 'n "0' ilia CJ Report Date: Meeting Date: RE6-IkESTFOR OOkNO(L OONS(DE1Z4TlON June 28, 2011 Agenda Section: VI. D. June 28, 2011 ITEM DESCRIPTION: Resolution 11-041; Approving the Contract Agreement for Police Services with the City of Lauderdale for 2012. MANAGER'S REVIEW: Attached is a renewal of the contract agreement for police services with the City of Lauderdale for the year 2012. The following is a summary of the increases for services: 2011 Proposed Contract 2012 $590,167 $596,069 Attachments 51 1 WAX Michael Mornson City Manager • Renewal Cover letter for Lauderdale • Contract for Services with Lauderdale • Resolution 11-041; Approving the Renewal of a Contract for Police Services for the City of Lauderdale for 2012. I� ComiciI Meelings\2011A06282011Astaff Imides dale.doc - 1 - June 2, 2011 Heather Butkowski City of Lauderdale 1891 Walnut Street Lauderdale, Minnesota 55113 Dear Heather: Enclosed is the Contract Agreement for police services for 2012 between the City of Lauderdale and City of St. Anthony. The increase for the contract year is 1%. The St. Anthony City Council will schedule approval after Lauderdale approves the contract. Here is a current summary of the cost for services: 2011 Proposed Contract 2012 $590,167 $596,069 If you have any questions, please contact meat 612-782-3311 or email at mike.mornson@ci.saint-anthony.mn.us Sincerely, Michael J. Mornson City Manager Enclosures 3301 Silver Lake Road, St. Anthony, Minnesota 5.5418-1699 • www.ci.saint-anthony.mn.us • (612) 782-3301 > FAX (612) 782-3302 Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. 52 53 Contract Agreement for Police Services Page 1 CONTRACT AGREEMENT FOR POLICE SERVICES This Agreement is made and entered into as of '2011 between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota ("St. Anthony") and the CITY OF LAUDERDALE, a municipal corporation under the laws of the State of Minnesota ("Lauderdale'). The services to be performed under this Agreement will commence January 1, 2012. I. PURPOSE St. Anthony and Lauderdale have the power within their respective cities to provide for the prevention of crime and for police protection. Under Minnesota Statutes, Section 471.59, the cities may, by agreement, provide for the exercise of the police power by one city on behalf of the other city. This Agreement sets forth the terms and conditions under which St. Anthony will provide police services for Lauderdale. St. Anthony will have full authority and responsibility to provide services in accordance with all enabling legislation under the laws of the State of Minnesota and the ordinances of Lauderdale. St. Anthony will provide feedback to the Lauderdale City Administrator and City Council on a regular and timely basis, and will actively support the creation of a Joint Advisory Committee pursuant to Section IX of this Agreement, whose members come from both cities, and whose purpose is to review, monitor, and ensure a successful relationship between the two cities under this Agreement. II. INTERPRETATION This Agreement is entered following the preparation by Lauderdale of a Request for Proposal for Police Services and the submission of a responsive Proposal by St. Anthony (the "Proposal"). To the extent that any of the provisions of this Agreement are inconsistent with the provisions of the Proposal, the provisions of this Agreement will control. If any provision of this Agreement is ambiguous, the parties agree that the Proposal maybe looked to as evidence of the parties' intent. III. SERVICES St. Anthony will provide Lauderdale with 24 hour police service, and will physically place a certified officer within the boundaries of Lauderdale 24 hours each day, except in those instances when the officer makes an arrest and transports a prisoner, during mutual aid situations, when providing a backup for another officer, or when called away for a court appearance, booking or similar police matter. Subject to these exceptions and in normal circumstances, St. Anthony will provide 24 hours of police protection and police presence each day within the City of Lauderdale. ht those instances stated above when an officer is not physically present in Lauderdale, St. Anthony will respond to emergency police calls with other officers. IV. LEVEL OF SERVICES During the term of this Agreement, St. Anthony will provide to Lauderdale the same police service extended to persons and property within St. Anthony, which will include, but not be limited to, the following: A. Patrol services, with random patrolling of all residential, business and public property areas during all shifts; 13. Police presence within the boundaries of Lauderdale 24 hours each day, subject only to the exceptions noted above; 54 Contract Agreement for Police Services Page 2 C. Animal control services as provided within the City of St. Anthony by the animal control service employed by St. Anthony; D. Dispatching services are to be paid directly by the municipality served by Ramsey County Dispatch. E. Enforcement of all ordinances of Lauderdale which are intended to be enforced by police officers, with special attention being given to parking, winter and nuisance ordinances; F. Ticketing for traffic violations will be done routinely during normal shifts; G. Crime prevention programs that encourage community involvement and investment in the City of Lauderdale. H. Criminal investigations. Reports on police services and activities, including weekly, monthly and arurual police reports; Responses to medical emergencies, fires and other emergencies; responses shall include, where appropriate, securing the scene for fire/ rescue personnel, accompanying fire/ rescue personnel to the hospital upon request of such personnel, and providing follow-up information to fire/rescue personnel upon request of such personnel; K. Officers will be available at Lauderdale City Hall to answer questions from, and provide information regarding police activities to, Lauderdale residents, business owners and staff on an as -needed basis; L. License inspections, background investigations and license enforcement services as called for under applicable state law or city ordinances; M. Review and comment, upon request, of proposed Lauderdale ordinances affecting police services or enforcement; N. Follow-up on reported crimes with the person(s) who reported the crime, including routine notification by telephone or mail as to the status of the investigation; and O. Special event traffic patrol services. 55 Contract Agreement for Police Services Page 3 V. PAYMENT FOR SERVICES This Agreement will be effective January 1, 2012, and will continue until December 31, 2012. In consideration of the services to be provided under this Agreement, Lauderdale will pay St. Anthony an annual fee of $596,069 for the year 2012, for police service under this Agreement. V1. METHOD OF PAYMENT St. Anthony will bill Lauderdale monthly for 1/12 of the annual fee, and Lauderdale will promptly remit payments to St. Anthony within 30 days after receiving each billing from St. Anthony. VII. LIABILfTY St. Anthony will be responsible for all liability incurred as a result of the actions of St. Anthony police officers under this Agreement, and will hold Lauderdale, its officers and employees harmless for any liability resulting from actions of a St. Anthony employee and shall defend Lauderdale, its officers and employees, against any claim for damages arising out of St. Anthony's performance of this Agreement; provided, however, that if the claim, action or liability is one which is insured by St. Anthony's liability insurer, Lauderdale will bear the first $5,000.00 of expense for any such claim, action or liability, or expenses relation thereto, including attorneys' fees, to the extent not covered by the insurer because of a deductible amount under the policy (which deductible amount is currently $10,000.00). VIII. ADMINISTRATIVE RESPONSIBILITY The law enforcement and police services rendered to Lauderdale will be under the sole direction of St. Anthony. The standards of performance, the hiring and discipline of officers assigned, and other matters relating to regulations and policies related to police employment, services and activities, will be within the exclusive control of St. Anthony. The parties hereto expressly affirm the importance of work force diversity and St. Anthony agrees to use reasonable efforts, within applicable departmental budgetary limits, to recruit qualified female and minority police officers. IX. JOINT ADVISORY COMMITTEE Both cities will appoint members to a Joint Advisory Committee. The committee will meet at least once a year to ensure that this Agreement and the services performed pursuant to this Agreement are meeting the expectations of both cities. Any recommendations of the committee will be strictly advisory. X. COMMUNICATIONS, EQUIPMENT AND SUPPLIES St. Anthony will furnish all communication equipment and any necessary supplies required to perform the services, which are to be rendered under this Agreement. X1. COOPERATION AND ASSISTANCE AGREEMENTS Lauderdale will be included in all Cooperative Agreements entered into by the St. Anthony Police Department with other police services units. XII. I°IEADQUARTERS Headquarters for services rendered to Lauderdale under this Agreement will be located at offices owned or leased by St. Anthony. The citizens of Lauderdale may notify headquarters or Ramsey County radio 56 Contract Agreement for Police Services Page 4 dispatch for police services requested either in person or by some other means of communication. St. Anthony officers may take routine telephone calls and complete routine reports for Lauderdale at the Lauderdale City Hall, and Lauderdale will have facilities available to the officers at Lauderdale City Hall for this purpose. The facilities will include a desk, telephone, fax and copier. XIII. EMPLOYEES OF ST. ANTHONY Officers assigned to duty in Lauderdale will at all times be employees of St. Anthony. All obligations with regard to workers compensation, PERA, withholding tax, insurance and similar personnel and employment matters will be the obligation of St. Anthony. Lauderdale will not be required to furnish any fringe benefits or assume any other liability of employment to any officer assigned to duty within Lauderdale. XIV. ENFORCEMENT POLICIES Enforcement policies of St. Anthony will prevail as the enforcement policies within Lauderdale. A written statement of the current enforcement policies of St. Anthony will be provided in writing to Lauderdale. XV. ENFORCEMENT OF ORDINANCES OF THE CITY OF LAUDERDALE St. Anthony officers assigned to duty within Lauderdale will enforce Lauderdale ordinances to the extent appropriate for enforcement by police officers. XVI. OFFICERS OF LAUDERDALE The officer's assigned duty within Lauderdale will be provided with authority to enforce the laws of the City of Lauderdale by proper action to be taken by the Lauderdale City Council, and while performing services under this Agreement will be considered police officers of Lauderdale. The Chief of Police of St. Anthony will furnish to the Lauderdale City Administrator the names of all St. Anthony police officers assigned to Lauderdale and all such officers will be appointed officers of the City of Lauderdale. XVII. OFFENSES All offenses within Lauderdale charged by police officers under this Agreement will be charged in accordance with Lauderdale ordinances when possible; otherwise, the charge will be made in accordance with the laws of the State of Minnesota or the laws of the United States of America. XVIII. COMMUNICATIONS St. Anthony agrees to provide the Lauderdale Administrator with weekly, monthly and annual police reports, in a format as is mutually agreed to by the St. Anthony Police Chief and the Lauderdale City Administrator. The St. Anthony Police Chief will regularly communicate with the Lauderdale City Administrator in order to ensure that Lauderdale is knowledgeable about any police activity in the City, and at the request of the Administrator the Police Chief will make presentations to the Lauderdale City Council. XIX. PROSECUTION AND REVENUES Lauderdale will pay all costs of prosecution for all offenses charged within its boundaries or under its ordinances. LEAA funds and confiscated drug funds will be retained by St. Anthony. Fine revenues will be paid to Lauderdale. P.O.S.T. training funds will be used for officer training. 57 Contract Agreement for Police Services Page 5 XX. CONTINUATION OF AGREEMENT This Agreement will be effective January 1, 2012 and will continue unto December 31, 2012 or until terminated as described in Paragraph XXI below. In consideration for services provided under this Agreement, St. Anthony and Lauderdale shall establish the fee for police services for the time period after December 31, 2012 by June 15, 2012. XXI. TERMINATION OF AGREEMENT' Either St. Anthony or Lauderdale may terminate the Agreement by submitting a written notification to terminate to the City Administrator of Lauderdale and the City Manager of St. Anthony by June 15, 2012. Termination of this Agreement shall be effective on December 31st at 11:59 p.m. of the year that either Lauderdale or St. Anthony terminates the Agreement. XXII. REVIEW OF AGREEMENT From time to time the terms and conditions of this Agreement shall be reviewed and revised, as St. Anthony and Lauderdale deem necessary. XXIII. ASSIGNMENT The rights and obligations of the parties wider this Agreement will not be assigned, and St. Anthony will not subcontract for any services to be furnished to Lauderdale (except as otherwise provided in this Agreement), without the prior written consent of the other party. The parties hereto have executed this Agreement as of the date first above stated. CITY OF LAUDERDALE CITY OF ST. ANTHONY Mayor Mayor By: City Administrator City Manager Date: CITY OF ST. ANTHONY VILLAGE RESOLUTION 11-041 A RESOLUTION APPROVING THE CONTRACT AGREEMENT FOR POLICE SERVICES WITH THE CITY OF LAUDERDALE AND AUTHORIZES THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the City of St. Anthony and the City of Lauderdale desire to enter into a joint powers agreement whereby the City of St. Anthony agrees to provide police services for the City of Lauderdale for the period 2007 through 2009; and WHEREAS, the City of St. Anthony and Lauderdale have negotiated the renewal of a contract agreement for the period of 2010 through 2011; and WHEREAS, the City of St. Anthony and Lauderdale have negotiated the renewal of the contract agreement for 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony hereby approves the contract agreement for police services with the City of Lauderdale and authorizes the Mayor and City Manager to execute said agreement. Adopted this 28t" day of Lum, 2011 ATTEST: City Clerk Review for Administration: Mayor City Manager 59 MEMORANDUM DATE: June 1, 2011 TO: City Council FROM: Mike Morrison, City Manager Roger Larson, Finance Director ITEM: BUILDING PERMITS — MN STATUTE 326B.153 To determine what other cities charge, staff recently conducted a survey of surrounding Metropolitan Cities. The data shows that building permit fees vary and there is no consistency or a uniform method used for establishing building permit fees. What the survey did reveal is that a trend is developing where surrounding communities are in the process of discussing adoption or have adopted the fee schedule defined by MN Statue 326B.153. At the April 4"' and May 2nd work sessions, discussions occurred with the City Council to review St. Anthony's current fee structure for "Building Permits" compared to the fees of other Cities and the fee structure defined in State Statue 326B. On May 24°i Council approved the first reading to amend City Ordinance 33.061 to set St. Anthony's building fees at the same level as defined in the State Statue. At that meeting, Council asked Staff to update them on the building permit fees of Minneapolis. Their fees are currently higher than State Statue (see attached fee schedule). Also, per the direction of the Council, Staff changed the heading of the ordinance to "AN ORDINANCE AMENDING THE BUILDING PERMIT FEES" eliminating the language "AS STATED IN MINNESOTA STATE STATUTE 326B.153". Additional Update for the City Council Surrounding cities who have implemented the State Building Permit Fee Schedule now include: 1) Arden Hills — Adopted January 2011. 2) Moundsview — Recently adopted. 3) Roseville — Recently adopted. Recommendation: I) Council approves second reading - ordinance amendment 92011-03 changing the City Ordinance Chapter 33.061 for Building Permit Fees. 2) Effective date 01/01/2012. CITY OF ST. ANTHONY VILLAGE ORDINANCE 2011-03 AN ORDINANCE AMENDING THE BUILDING PERMIT FEES BuildingPermit Fees Total Valuation Fee $1 to $500 $29.50 $501 to $2,000 $ 28 for the first $500 $3.70/additional $100 or fraction thereof, to including $2,000 $2,001 to $25,000 $83.50 for the first $2,000 $16.55/additional $1,000 or fraction thereof, to including $25,000 $25,001 to $50,000 $464.15 for the first $25,000 $12.00/additional $1,000 or fraction thereof, to including $50,000 $50,001 to $100,000 $764.15 for the first $50,000 $8.45/additional $1,000 or fraction thereof, to including $100,000 $100,001 to $500,000 $1,186.65 for the first $100,000 $6.75/additional $1,000 or fraction thereof, to including 500,000 $500,001 to $1,000,000 $3,886.65 for the first $500,000 $5.50/additional $1,000 or fraction thereof, to including $1,000,000 $1,000,001 and up $6,636.65 for the first $1,000,000 $4.50/additional $1,000 or fraction thereof Other Ins mcdons and Fees Inspections outside of normal business hours (minimum charge, 2 hours) $63.25 per hour Re -inspection; fees assessed under provisions of § 32.08 $63.25 per hour inspections for which no fee is specifically indicated (minimum charge, 1/2 hour) $63.25 per hour Additional plan review required by changes, additions, or revisions to plans (minimum charge, 1/2 hour) $63.25 per hour Effective Date. This ordinance shall be effective January 1, 2012. First Reading: May 24, 2011 Second Reading: June 14, 2011 Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin m FUTURE COUNCIL AGENDA ITEMS June 28, 2011 Meeting Meeting Staff Items/Issues Date Type YP present Zoning Ordinance 152.142 LI Conditional Uses (second reading) July 12 Regular Zoning Ordinance 152.226 Limited Continuation (second reading) City Manager Zoning Ordinance 152.245 Variances (second reading) Planning Items from July 19 MN Night to Unite Proclamation July 26 Regular Quarterly Goals Update City Manager Zoning Ordinance 152.142 LI Conditional Uses (final reading) PC Representative Zoning Ordinance 152.226 Limited Continuation (final reading) Zoning Ordinance 152.245 Variances (final reading) City Council August 1 Worksession Review the Proposed 2012 General Operating Budget City Manager 5:30 pm Key Financial Strategies Department Heads Asst. City Mgr August 2 Special Minnesota Night to Unite City Council August 9 Regular Accept Feasibility Report and Authorize Plans & Specifications City Manager Presentation esentation from Freshwater Society City Engineer August 23 Regular Planning Items from August 16 City ManagerPC Representative Proclamation for Kiwanis Peanut Day September Is Regular Setting the 2012 Proposed Tax Levy and Budget in Compliance with the City Council City Manager Truth In Taxation Act Presentation from John Choi, Ramsey County Attorney Finance Director September 27 Regular Planning Items from September 20 Certifying the Outstanding Utility Bills. October 11 Regular Third Quarter Goals Update City Manager Approve Election Judges for the Municipal General Election Consent October 2G Regular Planning Items fiom October 18 HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CITY OF ST. ANTHONY VILLAGE June 28, 2011 Call to Order. Roll Call. I. Approval of June 28, 2011, H.R.A. Agenda. II. Consent Agenda. These items are considered routine and will be enacted by one motion, There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approve June 14, 2011, H.R.A. Minutes. (pp.1 — 2) B. Claims. (p. 3) III. Public Hearings. IV. General Policy of Business of the H.K.A. V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information and Announcements. VIII. Adjournment. F:ICouncil Meetings12011\062820111HRA agenda.doc 1 1 CITY OF ST. ANTHONY 2 HRA REGULAR MEETING MINUTES 3 JUNE 14, 2011 4 5 CALL TO ORDER. 6 Chair Faust called the meeting to order at 7:42 p.m. 7 8 ROLL CALL. 9 Commissioners present: Chair Faust; Commissioners Gray, Jenson, Roth, and Stille. 10 Commissioners absent: None. 11 Also Present: Executive Director Michael Mornson 12 13 14 I. APPROVAL OF JUNE 14, 2011 HRA MEETING AGENDA. 15 16 Motion by Commissioner Gray, seconded by Commissioner Stille, to approve the June 14, 2011 17 Housing and Redevelopment Authority Agenda as presented. 18 19 Motion carried unanimously. 20 21 II. CONSENT AGENDA. 22 23 Motion by Commissioner Roth, seconded by Commissioner Jenson, to approve the Consent 24 Agenda, which consisted of: 25 26 A. H.R.A. Meeting Minutes of May 10, 2011; and 27 B. Claims. 28 29 Motion carried unanimously. 30 31 111. PUBLIC HEARINGS. 32 33 None. 34 35 IV. GENERAL POLICY OF BUSINESS OF THE H.R.A. 36 37 None. 38 39 V. STAFF REPORTS 40 41 Executive Director Mornson reported that staff recently met with a developer from Autumn 42 Woods and were informed that they will be submitting plans for a 66 -unit assisted living facility 43 with plans to begin construction in October. 44 45 VI. H.R.A. COMMISSIONER COMMENTS 46 47 None. 48 49 VII. INFORMATION AND ANNOUNCEMENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Housing and Redevelopment Authority Meeting Minutes June 14, 2011 Page 2 None. VIII. ADJOURNMENT Chair Faust adjourned the meeting at 7:44 p.m. Respectfully submitted, Barbara Hughes TimeSaver Off Site Secretarial, Inc. ATTEST: City Clerk Chair 6 11 tr 0> H mn 000000 wwwwww 000000 Vi x N lOWW� W Nz x x Ll tC' On zCJ W fn VJ MwHM 70 M JJ wb nn �y7 00 w x 0W ww OMC xx HHn Hn z MM y mm x n n m Z HO n zx K w nn m W N rn rt (D n n V V V Y V V x In In Ut Ul N U1 V V H V V V n JMO1 wtP A �x wW w N yi 000000 m m m� m m N N N N N N w w � � H H H P H\ YI-1YYY � Ut O U1 a� y t W H H C Ol J J O Olb J QiNJ WN J7-, J Hm Jw,1 N Yx J oowowW GO' NZ W J O O O J W '7 k O N000ww M H tC+ rt C w YM 3 I CITY OF ST. ANTHONY 2 HRA REGULAR MEETING MINUTES 3 JUNE 14, 2011 4 5 CALL TO ORDER. 6 Chair Faust called the meeting to order at 7:42 p.m. 7 8 ROLL CALL. 9 Commissioners present: Chair Faust; Commissioners Gray, Jenson, Roth, and Stille. 10 Commissioners absent: None. 11 Also Present: Executive Director Michael Mornson 12 13 14 I. APPROVAL OF JUNE 14, 2011 FRIA MEETING AGENDA. 15 16 Motion by Commissioner Gray, seconded by Commissioner Stille, to approve the June 14, 2011 17 Housing and Redevelopment Authority Agenda as presented. 18 19 Motion carried unanimously. 20 21 11. CONSENT AGENDA. 22 23 Motion by Commissioner Roth, seconded by Commissioner Jenson, to approve the Consent 24 Agenda, which consisted of: 25 26 A. I I.R.A. Meeting Minutes of May 10, 2011; and 27 B. Claims. 28 29 Motion carried unanimously. 30 31 III. PUBLIC HEARINGS. 32 33 None. 34 35 IV. GENERAL POLICY OF BUSINESS OF THE H.R.A. 36 37 None. 38 39 V. STAFF REPORTS 40 41 Executive Director Morrison reported that staff recently met with a developer from Autumn 42 Woods and were informed that they will be submitting plans for a 66 -unit assisted living facility 43 with plans to begin construction in October. 44 45 VI. H.R.A. COMMISSIONER COMMENTS 46 47 None. 48 49 VII. INFORMATION AND ANNOUNCEMENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Housing and Redevelopment Authority Meeting Minutes June 14, 2011 Page 2 None. VIII. ADJOURNMENT Chair Faust adjourned the meeting at 7:44 p.m. Respectfully submitted, Barbara Hughes TimeSaver Off Site Secretarial, Inc. ATTEST: City Clerk Chair