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HomeMy WebLinkAboutCC PACKET 08232011H.R.A. Meeting immediately following regular meeting CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEE'T'ING AGENDA August 23, 2011 7.00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on All of the following items: I. Approval of the August 23, 2011, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. 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 Councilrnember or cititen so requests, in which event the item will be removed fmm the Consent Agenda and placed elsewhere on the agenda. A. Approval of August 9, 2011, Council Meeting Minutes. (pp. 1 -T) B. Licenses and Permits. (p. 8) C. Claims. (pp. 9 —11) D. Resolution 11-050; Approving HLB Tautges Redpath, Ltd As the City Auditor for Auditing Years 2011, 2012, and 2013. (pp. 12 — 24) IV. Public Hearing. V. Reports from Commission and Staff. (Don Jensen, Planning Commissioner, presenting.) A. Resolution 11-051; Approval of a Garage Setback Permit to Encroach into the Side Yard Setback and Rear Setback at 2609 Pahl Avenue. (pp. 25 — 32) VI. General Business of Council. A. Update from Ramsey County Sheriff Matt Bostrom. (no action requested) B. Update on Summer Survival School. Police Chief John Ohl and Officer Jim South presenting. (no action requested) 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 ofcial action on items discussed at this time, but may typically refer 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. FACouncil Meefings1201110823201 lagendapg#.doc 1 1 CTIY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 AUGUST 9, 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 frim in the Pledge of Allegiance. 12 13 ROLL CALL. 14 15 Present: Mayor Faust; Councilmembers Gray, Jenson, and Roth. 16 Absent: Councilmember Stille. 17 Also Present: City Manager Mike Mornson, City Engineer Todd Hubmer, Finance Director Roger 18 Larson, and City Attorney Jerry Gilligan. 19 20 21 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 22 ITEMS. 23 24 I. APPROVAL OF AUGUST 9, 2011, CITY COUNCIL, MEETING AGENDA. 25 26 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City 27 Council Meeting Agenda of August 9, 2011. 28 29 Motion carried 4-0. 30 31 H. CONSENT AGENDA. 32 33 A. Consider July 26, 2011, Council meeting minutes 34 B. Consider licenses and nermitsy 35 C. Consider payment of claims; 36 D. Consider Resolution 11-045• AppointingJay Hartman as the Interim City Manager• 37 E. Consider Resolution 11-046; Authorizing Spri�sted, Inc. to Assist in the Cit�Manager 38 Search. and 39 F. Consider Resolution 11-047• Accepting a Donation from Kiwanis Club of St Anthony 40 for a Veteran's Memorial. 41 42 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the Consent 43 Agenda items. 44 45 Motion carried 4-0. 46 47 III. PUBLIC BEARING. 48 49 None. City Council Regular Meeting Minutes August 9, 2011. Page 2 IV. REPORTS FROM COMMISSION AND STAFF. None. V. GENERAL BUSINESS OF COUNCIL. 8 A. Presentation from Congressman Keith Ellison 9 10 Congressman Keith Ellison thanked the City Council for inviting him and stated his goal is to 11 visit with the cities in the 5t" Congressional District at least once a year in order to touch base 12 and share what is going on in Washington DC. He provided a brief explanation of the Federal 13 debt ceiling situation, efforts to reduce the Federal budget deficit, and the negotiations that led to 14 the deal struck on August I" providing for $917 billion in cuts by capping discretionary spending 15 each year through fiscal year 2021. He stated that certain programs have been held harmless 16 from any cuts, including Social Security, the food stamp program, and Medicare, while Stafford 17 loans will be reduced so the expense of borrowing money for college will go up. He explained 18 that a twelve member joint bipartisan and bicameral committee will be formed with the 19 responsibility to find $1.5 trillion in deficit reductions and this committee will produce a bill 20 which will be voted on by the IIouse before December. He noted there will be no amenchnents 21 to this bill and it will simply be a straight up or down vote on the package that the joint 22 committee produces. He stated if Congress fails to pass the joint committee's recommendation, 23 a mechanism will be triggered which provides 50% cuts from discretionary spending and 50% 24 cuts from the military over a ten year period totaling $2.5 trillion. He stated that he will work 25 with his constituents to find savings and to make sure the bill does not cut into the ability to 26 create jobs and to make sure the middle class does not bear the burden of all cuts. He advised 27 that there has been very little movement on the transportation bill due to strong opposition to the 28 imposition of a gas tax increase during this difficult economic time. He discussed the recent 29 credit downgrade by Standard & Poor's and indicated that if the country's unemployment rate 30 was 5% instead of 9.1%, the country's deficit would be half of what it is. He stated that he wants 31 to stay in communication with the City about its priorities and offered his office as a resource to 32 anyone. He then introduced Bass Zanjani from his staff and stated that he is honored and 33 privileged to represent the 5r" Congressional District. 34 35 Mayor Faust asked Congressman. Ellison to share with his colleagues what the State of 36 Minnesota has gone through with the recent government shutdown and the impact of the 37 shutdown on the wellbeing of the residents of the State of Minnesota. He expressed his thanks to 38 Congressman Ellison for his service. 39 40 13. Presentation from Freshwater Society Peggy Knapp Director of Proerams freshwater 41 Society presenting, 42 43 Ms. Peggy Knapp, Director of Programs, Freshwater Society, discussed the organic clean-up 44 program being proposed to clean up several of the City's streets in the fall, intended to 45 supplement the work that the City does in cleaning its streets. She explained that the program is 46 a partnership with the City and MWMO to organize groups of volunteers to clean leaves out of City Council Regular Meeting Minutes August 9, 2011 Page 3 1 the street and then take samples to the University of Minnesota to analyze the nutrient content 2 being diverted from the waterways in order to quantify the impact of citizen engagement, 3 allowing the City to report that "x" number of suspended solids, etc, were diverted from the 4 water, She stated that the proposed program provides a sense of accomplishment in protecting 5 local waters and creates a shared sense of responsibility for protecting fresh water. She advised 6 that Faith United Methodist Church and Nativity Lutheran Church have indicated a willingness 7 to participate in the program, as well as Silverwood Park. She added that they also intend to 8 contact St. Charles Borromeo and students from the high school regarding their interest in 9 participating in the, program. She stated that they plan to hold community meetings in mid - 10 September to work with the various organizers. She added that this program represents the first 11 time a series of lab analyses will be performed and the results can be reported as part of the 12 City's Federal clean water reporting requirements. 13 14 Mayor Faust stated that the proposed program does not cost the City any money. He expressed 15 the City Council's thanks to Ms. Knapp and the Freshwater Society. 16 17 C. Resolution 11-048; Accepting the Feasibility Report and Authorize Plans & 18 Specifications for the 2012 Street Improvement Project. "Todd I Iubmer WSB & 19 Associates presenting, 20 21 City Engineer Hubmer presented the findings of the feasibility report for the 2012 street 22 improvement project, which provides for street reconstruction, sanitary sewer replacement, water 23 main replacement, and drainage improvements to Belden Drive from 30' Avenue NE to 36`x' 24 Avenue NE, Coolidge Street NE from 30' Avenue NE to 36'x' Avenue NE, and 35`x' Avenue NB 25 from Harding Street to Belden Drive. He explained that plans include replacement of all existing 26 clay pipe with PVC pipe to reduce inflow infiltration and replacement of the aging 6" water main 27 to an 8" line to improve flows. He advised that the City has been working with the Rice Creek 28 Watershed District regarding the proposed drainage improvements and stated that several 29 residents contacted the City expressing concern regarding landscaping improvements to the rear 30 yard area on Harding Street which has altered the drainage in this area. He stated that the survey 31 crew has been directed to see if something can be done and further information will be provided 32 to the City Council at the time of final plans and specifications. He reviewed the project costs 33 and finding breakdown, noting that 35% of the project will be assessed to the benefiting 34 property owners. He also reviewed the funding sources and project schedule with the City 35 Council. Ile noted that during the first public information meeting, concerns were raised about 36 the number of garbage trucks on the street and the possibility of having a single hauler. 37 38 Mayor Faust requested further information regarding the drainage improvements. 39 40 City Engineer Hubmer explained that the Rice Creek Watershed District has volume reduction 41 standards for run-off and the City has been using its credits to meet the volume reduction needs 42 of the City; the City has been working with the Watershed District to provide locations to treat 43 storm water run-off and still meet the District's volume reduction standards, which is difficult 44 given the clay soils in the City. He stated that the City received water quality treatment credits 45 for the Foss/Chandler project, but the City still has to provide volume control and the only place 46 to do that is the City's water reuse facility. He indicated that the preliminary proposal to the City Council Regular Meeting Minutes August 9, 2011 Page 4 I Watershed District has shown that the City can exceed the Watershed District's standards for 2 water quality but the Watershed District needs to give the City an alternative to the volume 3 restriction requirements due to the clay soils. He added that the Watershed District recognizes 4 the challenges faced by the City. 6 City Attorney Gilligan advised that the City will need to work with the Watershed District in 7 order to come up with a solution. 8 9 Motion by Courrcilmember Roth, seconded by Councilmember Jenson, to approve Resolution 10 11-048; Accepting the Feasibility Report and Authorize Plans & Specifications for the 2012 11 Street Improvement Project. 12 13 Motion carried 4-0. 14 15 D. Resolution 11-049• Road Sign Reflectivity Standards and Sian Replacement Todd 16 Hubmer, WSB & Associates nresentine. 17 18 City Engineer Hubmer explained that the Federal Highway Administration recently mandated 19 that all agencies maintain certain standards for street signs requiring the City to adopt standards 20 for sign replacement in the City to meet the Federal guidelines. He stated that the plan will 21 provide indemnity from individual traffic signs, requires that a traffic sign inventory be 22 performed and a budget established for traffic sign replacement, will provide a uniform plan to 23 manage traffic sign replacement for safety and compliance, and will provide long-term traffic 24 sign compliance and management to utilize the full life of signs. lie noted that the City has been 25 replacing all street signs in the City, including street name signs, yield signs, stop signs, and 26 warning signs with all street reconstruction projects in conformance with the Federal guidelines. 27 28 Motion by Councilmember Roth, seconded by Councilmember Dray, to approve Resolution 1.1- 29 049; Road Sign Reflectivity Standards and Sign Replacement. 30 31 Motion carried 4-0. 32 33 Mayor Faust stated that the sign at 33`d and Rankin Road by the high school is difficult to see 34 when the sun is setting and requested that the City find out the cost of putting in a flashing sign 35 at that location. Ile also requested an update regarding his email about the use of an electronic or 36 warning system for crosswalks in the City. 37 38 Mr. Hubmer advised that a memo has been prepared and will be sent to the City Council in the 39 near future. 40 41 Mr. Hubmer then provided a brief update on the 2011 street improvement project and advised 42 that the Belden Drive utilities will be completed this week and crews will begin removing the 43 I3elden and Harding streets toward the end of the week. He also provided an update regarding 44 the July 16°i flooding event where 3.5" to 6" of rain was received which caused flooding at the 45 Mirror Lake townhomes and other locations. He stated that the building at 2812 Anthony Lane 46 S. that was impacted by this flooding is different than the building impacted during the 1997 0 City Council Regular Meeting Minutes August 9, 2011 Page 5 1 flooding and the City is working with Hennepin County and will be televising the storm sewer 2 lines to see if any improvements can be made. He also indicated that the City will be surveying 3 and televising the overflow swale section at Mirror Lake townhomes to make sure there is no 4 break in the line. He added that New Brighton is interested in a comprehensive approach to 5 street drainage and agreed to report back to the City Council. 6 7 B. Proposed 2012 Budget Mike Mornson City Manager, and Roger Larson finance 8 Director, presenting. 10 City Manager Morrison provided a brief presentation regarding the proposed 2012 budget, 11 including the budget calendar, 2012 budget parameters, the General Fund budget/levy, 2012 12 General Fund revenues and expenditures, 2012 proposed levies, issuance of debt/levy impact, 13 grants/donations and partnerships, and next steps in the budget process. He reminded the City 14 Council that the City has not increased the levy for the past three consecutive years and the 2012 15 proposed levy is 4.8%. He stated that the 2012 General Operating Budget totals $5,498,650 and 16 represents a $20,650 increase or 0.38% increase over 2011. He added that the City Council will 17 set the preliminary levy at its September 13t" meeting with final adoption of the 2012 budget on 18 December 13, 2011. 19 20 VI. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 21 22 City Manager Morrison reported on the following: 23 ® The overlay project on Stinson Boulevard from 37t" Avenue to 29t" Avenue will begin on 24 Monday, August 15tt', and is expected to take two weeks. 25 O He thanked all of the City employees for their efforts during Night to Unite and 26 VillageFest. 27 28 Councilmember Gray reported on his attendance at the following: 29 • August 2id Night to Unite. 30 o August Ott' Lion's Club meeting. 31 f August 41" VillageFest committee meeting. He expressed thanks to City staff for all of 32 their work during VillageFest. 33 34 Councilmember Jenson reported on his attendance at the following: 35 f August 2" d Night to Unite. 36 • City Council worksession to identify a consultant to replace the City Manager. 37 • Participated in several volunteer activities during VillageFest. 38 39 Councilmember Roth reported on his attendance at the following: 40 • August 2" d Night to Unite. 41 i August 4°i Cable Commission meeting. He reminded residents of the Cable 42 Commission's open house on August 20`x' from 10:00 a.m. - 2:00 p.m. at their new 43 location at 2670 Arthur Street in Roseville. 44 • August 5"iVillageFest parade. 45 • City Council worksession to identify a consultant to replace the City Manager. 46 5 2 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes August 9, 2011 Page 6 Mayor Faust reported on the following: ® August 2nd Night to Unite. He indicated that residents commented on the excellent work done by City staff and the services provided by the City. ® City Council worksession to identify a consultant to replace the City Manager. ® August 5°i VillageFest parade. Mayor Faust expressed the City Council's thanks to Julianne Hunter, Chair of the VillageFest committee for her dedicated efforts on behalf of the City. ® August 8t' Ramsey County Conservation District monthly meeting hosted at City Hall and included a tour of the City's water reuse facility. VIL COMMUNITY FORUM. Mayor Faust invited residents to come forward at this time and address the Council on items that are not on the regular agenda. Mr. Robert Foster appeared before the City Council and stated he is co-owner of the building located at 2812 Anthony Lane South. He indicated that in the last three weeks, his building has seen significant water on three separate occasions which has impacted the building and parking lot causing significant damage to vehicles parked there. He expressed concern that the building has never had this problem with water before and now there has been up to 4.5' of water in the building three times in the last three weeks. He also introduced Ms. Carol Arens, co-owner of Jack and Jill Preschool. He thanked Jay Hartman and Todd Hubmer for being very responsive to their requests to determine the source of the problem and urged the City Council to continue to support City staff to come up with a solution to the flooding problem. Ms. Carol Arens, co-owner of Jack and Jill Preschool, appeared before the City Council and expressed concern regarding the continued damage from the water. She stated that the most recent flooding occurred on August 1st and they easily had 3.5" to 6" of water in the back of the building. Mayor Faust expressed his appreciation to Mr. Foster and Ms. Arens for coming to the City Council. He stated that the City Engineer is working with the County to find a solution and the City Council will continue to support staff in those efforts. IX. PROCLAMATIONS AND RECOGNITIONS. A. Presentation of Plauue to Michael Mornson City Manager Mayor Faust presented a plaque to City Manager Mornson for his dedicated service to the City for his 17 years of service. Councilmember Jenson wished Mr. Mornson the best of luck in his new position and stated it has been a privilege working with him. Councilmember Roth thanked Mr. Mornson for all of his help and for his enthusiasm and positive attitude. He stated that he will miss him and wished him the best in his new position. M 2 3 10 11 12 13 14 is 16 City Council Regular Meeting Minutes August 9, 2011 Page 7 Councilmember Gray stated that Mr. Mornson has been a great leader for 17 years and thanked him for his fine work acid outstanding leadership and dedication to the City. Mayor Faust stated that Mr. Mornson has demonstrated integrity and loyalty to the City's residents, as well as to City staff, the City Council, and to himself. He stated that Mr. Mornson has never compromised his principles; he listened to others, and provided an even keel. He pointed out Mr. Mornson's dedication to the City and expressed appreciation to him for his leadership and friendship. Mr. Mornson thanked the City Council and acknowledged Mr. Clarence Ranallo. He thanked all the organizations that make up the St. Anthony community, the past Mayors and Councils for their hard work, and the staff for their energy and passion. He also thanked John Malenick, John Ohl, Jay Hartman, and Roger Larson, who have been with him at the City during his entire tenure. 17 X. ADJOURNMENT. 18 19 Mayor Faust adjourned the meeting at 8:32 p.m. 20 21 Respectfully submitted, 22 Barbara Hughes 23 TimeSaver OffShe Secretarial, Inc. 24 _ 25 Mayor 26 A'rFLST: 27 City Clerk Saint Anthony Village DATE: August 23, 2011 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Mechanical, New Hope, MN Mechanical, St Paul, MN Crystina Yang 2500 Hwy 88 #217 Rental License: Applicant: Penny Schneider Location: 3923 Silver Lake Rd US BANK ST ANTHONY VILLAGE CHECK REGISTER VENDOR# PAYEE CHECK# DATE AMOUNT 9888 ABLE FENCE, INC. 15623 8/24/2011 $380.00 8712 ADVANCED GRAPHIX, INC. 15624 8/24/2011 $390.00 8242 AFFILIATED COMPUTER SERV 15625 8/24/2011 $111.78 8621 ALLIANCE MECHANICAL 15626 8/24/2011 $3,061.00 9256 ALLIED MEDICAL PRODUCTS 15627 8/24/2011 $290.00 9761 AMERICAN BOTTLING COMPAN 15628 8/24/2011 $232.20 9250 AMERICAN MESSAGING 15629 8/.24/2011 $149.71 8450 ANIMAL CONTROL SERVICES, 15630 8/24/2011 $263.01 4687 ASPEN WASTE SYSTEMS INC 15631 8/24/2011 $80.06 9348 ASSOCIATION OF MINNESOTA 15632 8/24/2011 $130.00 9796 BEARENCE MANAGEMENT GROU 15633 8/24/2011 $2,125.00 4293 BELLBOY CORP. 15634 8/24/2011 $6,169.26 9778 BERNICK'S 15635 8/24/2011 $1,106.46 8555 BIFFS,INC. 15636 8/24/2011 $192.00 7253 BRAKE & EQUIPMENT WAREHO 15637 8/24/2011 $32.00 9905 BROTHER MOBILE SOLUTIONS 15638 8/24/2011 $154.73 4231 CAPITOL BEVERAGE SALES 15639 8/24/2011 $29,235.05 9100 CAT & FIDDLE BEVERAGE 15640 8/24/2011 $69.50 2380 CENTERPOINT ENERGY 15641 8/24/2011 $1,434.72 4065 CENTRAL LOCK & SAFE CO 15642 8/24/2011. $75.00 9907 CENTURYLINK 15643 8/24/2011 $210.22 4080 CHISAGO LAKES DISTRIBUTI 15644 8/24/2011 $5,422.49 660 CITY OF COLUMBIA HEIGHTS 15645 8/24/2011 $588.24 9906 CITY OF LEXINGTON 15646 8/24/2011 $440.00 9056 CITY OF ROSEVILLE 15647 8/24/2011. $5,277.57 8275 CITY OF ST. PAUL 15648 8/24/2011 $991.98 8814 CITY WIDE WINDOW SERVICE 15649 8/24/2011 $85.50 .0348 CLIFT/C.A. 15650 8/24/2011 $92.23 4101 COMMERS CONDITIONED WATE 15651 8/24/2011 $140.86 8408 COMMISSIONER OF TRANSPOR 15652 8/24/2011 $225.56 8602 CROWN TROPHY 15653 8/24/2011 $156.30 9820 CRYSTAL SPRINGS ICE 15654 8/24/2011 $593.32 8557 DAILEY DATA & ASSOCIATES 15655 8/24/2011 $125.00 9560 DEFENSIVE EDGE TRAINING 15656 8/24/2011 $375.00 807 DIAMOND VOGEL PAINTS 15657 8/24/2011 $8.06 4110 DICKSON ELECTRIC 1.5658 8/24/2011 $2,023.00 .0345 DRIVER & VEHICLE SERVICE 15659 8/24/2011 $20.00 .0346 DRIVER & VEHICLE SERVICE 15660 8/24/2011 $20.00 .0347 DRIVER & VEHICLE SERVICE 15661 8/24/2011 $20.00 8411 DRIVER & VEHICLE SERVICE 15662 8/24/2011 $20.00 8697 EXTREME BEVERAGE 15663 8/24/2011 $434.00 9903 FEDERAL LICENSING, INC. 15664 8/24/2011 $119.00 9798 FERGUSON WATERWORKS 15665 8/24/2011 $442.22 9824 FIRE SAFETY USA, INC. 1.5666 8/24/2011 $1,570.00 9229 FIRSTLAB 1.5667 8/24/201.1 $44.95 wo US BANK ST ANTHONY VILLAGE CHECK REGISTER 1'D VENDOR# PAYEE CHECK# DATE AMOUNT 9236 FSH COMMUNICATIONS 15668 8/24/2011 $64.13 1030 G & K SERVICES INC 15669 8/24/2011 $674.00 9854 GOPHER STATE ONE CALL 15670 8/24/2011 $283.95 1250 GRAINGER 15671 8/24/2011 $34.39 9102 GRAND PERE WINES, INC 15672 8/24/2011 $90.00 4172 GRAPE BEGINNINGS, INC, 15673 8/24/2011 $445.00 .0349 GREMINGER/AMY & MICHAEL 15674 8/24/2011 $17.06 8944 HENN CNTY INFO TECH DEPT 15675 8/24/2011 $2,609.81 1505 HENNEPIN COUNTY SHERIFF 15676 8/24/2011 $543.50 9808 HEUN ENTERPRISES, INC 15677 8/24/2011 $120.55 4207 HOHENSTEIN'S, INC 15678 8/24/2011 $8,788.50 8252 HOME DEPOT CREDIT SERVIC 15679 8/24/2011 $16.96 9904 H2K TECHNOLOGIES, INC. 15680 8/24/2011 $187.03 8658 INSTRUMENTAL RESEARCH, 1 15681 8/24/2011 $85.50 8707 J. SPANIERS CO., INC. 15682 8/24/2011 $1,015.00 4125 JJ TAYLOR DISTRIBUTING 15683 8/24/2011 $53,123.56 4220 JOHNSON BROTHERS LIQUOR 15684 8/24/2011 $23,961.86 0.0035 JOHNSON/ANDREA 15685 8/24/2011 $24.27 7352 KATH FUEL OIL SERVICE 15686 8/24/2011 $1.18 .0351 KLITZ/CAROL 15687 8/24/2011 $24.1.1 9598 KONICA MINOLTA BUSINESS 15688 8/24/2011. $83.80 2040 LILLIE SUBURBAN NEWSPAPE 15689 8/24/2011 $185.75 8254 LMCIT % BERKLEY ADMINIST 15690 8/24/2011 $25,958.00 9114 M. AMUNDSON LLP 15691 8/24/2011 $2,492.92 9823 MAILFINANCE 1.5692 8/24/2011 $80.16 21.60 MARSHALL CONCRETE PROD 1.5693 8/24/2011. $30159 2230 MENARDS LUMBER 15694 8/24/2011 $26.57 8467 MIDWAY FORD 15695 8/24/2011 $23,959.30 8494 MINNESOTA MUNICIPAL 15696 8/24/2011 $5,000.00 5232 MURPHY'S SERVICE CENTER 15697 8/24/2011 $16.50 8996 NEEDHAM DISTRIBUTING CO 15698 8/24/2011 $2,979.40 8519 NORTHDALE CONSTRUCTION C 15699 8/24/2011 $72,040.56 45 OFFICE DEPOT 15700 8/24/2011 $208.48 9872 ONE SOURCE FITNESS, L.L. 15701 8/24/2011 $97.72 .0352 ONG/MR & MRS 15702 8/24/2011 $10.63 8971 PAUL D. BAERTSCHI, P,A. 15703 8/24/2011 $130.00 4354 PAUSTIS & SONS 15704 8/24/2011 $1,007.00 4360 PHILLIPS WINE & SPIRITS 15705 8/24/2011 $8,371.61 4372 PLUNKETT'S 15706 8/24/2011 $147.33 .0353 PLUS RELOCATION 15707 8/24/2011 $140.85 4385 QUALITY WINE CO 15708 8/24/2011 $12,213.64 4492 QWEST 15709 8/24/2011 $145.19 9586 RAIN DROP PRODUCTS 15710 8/24/2011 $157.26 9119 RECHECK 15711 8/24/2011 $15.00 8543 SCHARBER & SONS, INC. 1571.2 8/24/2011 $417.87 9680 SENSUS METERING SYSTEMS 15713 8/24/2011 $782.34 US BANK ST ANTHONY VILLAGE CHECK REGISTER VENDOR # PAYEE CHECK # DATE AMOUNT 8199 SIGNATURE CONCEPTS, INC. 15714 8/24/2011 $123.36 8983 SOULO DESIGN, INC 15715 8/24/2011 $100.00 9843 SOUTHERN WINE '& SPIRITS 15716 8/24/2011 $1,701.15 9138 1STILLE/RANDY 15717 8/24/2011 $290.33 3490 STREICNER'S 15718 8/24/2011 $949.98 8872 SUCIU/BARB 15719 8%24/2011 $16.10 4780 SURLY BREWING CO 15720 8/24/2011 $2,858.00 .0354 TAGAPAN/JAMES 15721 8/24/2011 $12.62 5273 TESSMAN SEED INC. 15722 8/24/2011 $361.92 7337 TIMESAVER OFF SITE SECRE 15723 8/24/2011 $252.50 3560 TRACY PRINTING 15724 8/24/2011 $659.00 7330 TRI STATE BOBCAT, INC. 15725 8/24/2011 $45,872.66 9590 U.S. BANK (PURCHASING 15726 8/24/2011 $438.30 8336 UNITED ELECTRIC COMPANY 15727 8/24/2011 $103.29 8561 UNITED RENTALS NORTHWEST 15728 8/24/2011 $53.21 3700 VIKING INDUSTRIAL CENTER 15729 8/24/2011 $108.00 4451 VINOCOPIA 15730 8/24/2011 $253.00 9702 W.D.LARSON COMPANIES LT 15731 8/24/2011 $127.14 4494 WASTE MANAGEMENT OF WI -M 15732 8/24/2011 $672.60 8316 WINE COMPANY/THE 15733 8/24/2011 $360.40 8310 WINE MERCHANTS INC 15734 8/24/2011. $538.53 4175 WIRTZ BEVERAGE - (GRIGGS 15735 8/24/2011. $18,946.71 9734 WIRTZ BEVERAGE MINNESOTA 15736 8/24/2011 $21,991.98 8273 WSB & ASSOCIATES, INC. 1573.7 8/24/2011 $45,575.35 2680 XCEL ENERGY 15738 8/24/2011 $10,863.67 TOTAL $467,436.61 11 12 MEMORANDUM DATE: August 16, 2011 TO: Mayor and City Council FROM: Jay Hartman, Interim City Manager Roger Larson, Finance Director ITEM: CITY AUDITOR — HLB TAUTGES, REDPATH CONTRACT EXPIRES 12/31/11 For the past 6 -years, HLB Tautges Redpath has audited the City's financial and accounting records. Upon hiring this firm, the challenge asked of them was to work with City staff to improve our financial reporting. Looking back on this goal, in 2006 the City had a total of 9 audit findings (2 material weakness' and 7 deficiencies). Comparing this to our last audit, (0 material weakness' and 2 deficiencies), improvement has been on-going. To correct the 2 remaining deficiencies, it would require the City to hire additional staff which is not cost effective. At the August 1, 2011, work session staff discussed with the City Council the Auditor's performance and how to proceed with negotiating a future contract for auditing services. After discussing the options of going out for RF P's or negotiating a contract with our present auditor, the City Council directed staff to negotiate a 3 -year agreement with IILB Tautges, Redpath which included a zero percent increase for the next three years, The City is in receipt of an engagement letter agreeing to provide auditing services for auditing years 2011, 2012 and 2013 at the same cost as the 2010 audit ($47,225). Recommendation: Council approves resolution #I 1-050 approving HLB 'Tautges, Redpath, Ltd. as the City Auditor for auditing years 2011, 2012 and 2013. 13 TAUTGEs REDPATW, LTD. Certified Public Accountants August 9, 2011 Mr. Roger Larson Finance Director City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 5541$ Dear Roger: Enclosed are two copies of our standard engagement letter for auditing services for the years ending December 31, 2011, 2012 and 2013 for the City of St. Anthony, Minnesota. The scope of services are as follows ® We will audit the basic financial statements of the City of St. Anthony, Minnesota as of and for the years ending December 31, 2011, 2012 and 2013. We will provide an "in-rclation-to" opinion on the combining and individual fund financial statements and schedules and supplementary information except for that portion marked "unaudited." ♦ Report on Internal Control over Financial Reporting and on Compliance and Other Matters. o State Legal Compliance Audit. ♦ Preparation of Audit Management Letter. ♦ Preparation of draft Comprehensive Annual Financial Report (City to provide introductory section and MD&A and certain statistical tables) is included in the scope of service. ♦ Preparation of financial portion of State Auditors Reporting Form. ♦ Federal Single Audit is not included in the scope of service. Upon approval of this agreement, please return one copy to our office and retain the other copy for your files. If you have any questions, please do not hesitate to call. Sincerely, IILB TAUTGES RYMPATH, LTD. a1 1)� Peggy A. Moeller, CPA PAM/cle iss-gy p White Bear Parkway White Bear Lake, MN 557.10 651.426.7000 651.426.5004 fax www.hlbh.com Equal Opportunity Employer 100 -Percent Employee -owned iif.o'inmg� , rtcana , L", 1 , mm.m„ of am i„m,��ro�,�f, , —,Id —da nm.,o.x f , (41111 11111 blllhl— 14 1 TAuTGEs REDPATH, LTD. 1 Certirted Public Accountants August 9, 2011 City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 We are pleased to confirm our understanding of the services we are to provide the City of St. Anthony, Minnesota for the years ending December 31, 2011, 2012 and 2013. The scope of services includes the following: • We will audit the financial statements of the governmental activities, the business - type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements, of the City of St. Anthony, Minnesota as of and for the years ending December 31, 2011, 2012 and 2013. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and. analysis (MD&A), to supplement the City of St. Anthony, Minnesota's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City of St. Anthony, Minnesota's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI: is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: o Management's discussion and analysis o Budgetary comparison schedules presented as RSI o Schedule of funding progress — Other Post Employment Benefits Plan We have also been engaged to report on supplementary information other than RSI also accompanies the City of St. Anthony, Minnesota's financial statements. We will 1534481.0 White Bear Parkway White Bear Lake, MN 55110 651.426.7000 651.426.5004 fax wwwhlbtr.com Equal Opportunity Employer 100 -Percent Employee -Owned IIW idulyci Retlpn:p. Lta, b.. momlmr of HI,B In�enmaonol, a rvotlJ-witlo nolv:ork of inJ.p..... aeeounliny I(ems mul Uuslness opvisors. 15 City of St. Anthony, Minnesota Contract for Audit Services Page 2 subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: o Combining and Individual Fund Statements and Schedules o Supplementary financial information The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will not provide an opinion or any assurance: o Introductory section o Statistical section ® Report on Internal Control over Financial Reporting and on Compliance and Otlier Matters. ® Stage Legal Compliance Audit. ® Preparation of draft Comprehensive Annual Financial Report (City to prepare introductory section, Management's Discussion and Analysis and all statistical tables with the exception of tables I through 4). 6 Preparation of Audit Management Letter. S Preparation of financial portion of State Auditors Reporting Form. Audit Objectives The objective of our audit is the expression of opinions as to whether the basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Govenmrew Auditing Standards, issued by the Comptroller General of the United States, and the minimum procedures for auditors as prescribed by MS 6.65, and will include tests of the IIIIIII 1 16 City of St. Anthony, Minnesota Contract for Audit Services Page 3 accounting records of the City of St. Anthony, Minnesota and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit, or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the laws, regulations and provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies, and is not intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that the City of St. Anthony, Minnesota is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with preparation of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including evaluating and monitoring ongoing activities; to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles; and, for the fair presentation in the financial statements of the respective financial position of the I S I I H 2 1 17 City of St. Anthony, Minnesota Contract for Audit Services Page 4 governmental activities, the business -type activities, the aggregate discretely presented component units (if any), each major fund, and the aggregate remaining fund information of the City of St. Anthony, Minnesota and the respective changes in financial position and cash flows; where applicable, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. in addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements and grants and for taking timely and appropriate steps to remedy any fraud, illegal acts, violation of: contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits or other studies. You are also responsible for providing management's views on our 53114'21 ON City of St. Anthony, Minnesota Contract for Audit Services Page 5 current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. As part of our audit, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) error, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance on detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. 19 City of St. Anthony, Minnesota Contract for Audit Services Page 6 Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories; and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures — Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Pests of controls may he performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures — Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of St. Anthony, 'Minnesota's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. The Minnesota Legal Compliance Audit Guide for Local Government requires that we test whether the auditee has complied with certain provisions of Minnesota Statutes. Our audit will include such tests of the accounting records and other procedures as we consider necessary in the circumstances. MCI City of St. Anthony, Minnesota Contract for Audit Services Page 7 Audit Administration Fees and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City of St. Anthony, Minnesota; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of HLB Tautges Redpath, Ltd. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a federal agency providing direct or indirect finding, or the U.S. Government Accountability Office, for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of HLB Tautges Redpath, Ltd. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Unless additional work is requested, or circumstances require additional work, we estimate the annual basic audit fee will be $47,225 for 2011, 2012 and 2013. The fees for 2012 and 2013 assumes no significant changes in accounting or auditing standards. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 120 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel, accurate and timely completion of workpapers per the City to prepare list by your personnel, and the assumption that unexpected circumstances will not M'114) 21 City of St. Anthony, Minnesota Contract for Audit Services Page 8 be encountered during the audit. Additional audit procedures may be required for certain accounting issues or events, new contractual agreements, new accounting and auditing standards, such as legal requirements for new bond issues, new funds, new capital projects, new tax increment districts, if there is an indication of misappropriation or misuse of public funds, or difficulties encountered due to lack of accounting records, incomplete records, inaccurate records or turnover in the City's staff. If significant additional time is necessary due to a change in scope of services or delays in receiving audit information requests, we will discuss it with you and arrive at a new fee estimate. Government Auditing Standards requires that we provide you with a copy of our most recent external peer review report and any letter of comment, and subsequent peer review reports and letters of comnient received during the period of contract. Our 2010 peer review report accompanies this letter as Appendix A. We are pleased to report that we did not receive a letter of comment. We appreciate the opportunity to be of service to the City of St. Anthony, Minnesota and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, IILB'I'AUTGES REDPATI-1, LTD. p4V 4dtj Peggy A. Moeller, CPA 1534112.1 22 City of St. Anthony, Minnesota Contract for Audit Services Page 9 Response This letter correctly sets forth the understanding of the Cit} of St. Anthony, Minnesota: Nonaudit Services The employee(s) assigned to oversee the nonaudit services is as follows: Employee (name or isaawz i +✓c'7raoua �� t� - 91.. ♦1„� ITh#..«:�aF,1.cti. H•� : _ iiii(l t�l� I? po Rt In of Appendix A Paae 1 WILIZ ule Istawaftia :We To f0fining r6 Pet itGA61 mai of tli 1.na ricsin ram is rosponslbia for 40ioiag a sy urm /id(. the firm wilh r>„rts'6itrai%16 a€s rdrt of appiic;MQ IrrL+€uWalahl ! tandar& in, all oililuuffi,cs, s6djn, Iiritilations of, mid ihr= prbce,a m es IacrtOr r des,:rat~r¢iirtS-ssast�9n�itr[rls,dti•,m,�u.�tYic;g�tr,rargjnssum�ary, As aealuirso by tbo. standards, cngaguaernts'salcctcd fox ye, peribnned and r civ tnirrr Pai.traiiztfri Stuntln Ts a3zd auditio in our olairnion, the syst0ill o'rltinal ty canttol for the auooullt IfrLB `fanatgues Rodpath, Ltd. in cfT eect for the vcar aridcd :Nfay dosigued,antl cotraialiaxl lith to pro ,idv the fpix nndrb roasona imd roporthig, in rwifi anif wial aalpIiwl4c professr`orra] roWfecta .Fillns mm it ra thig of grass puss 'wifh d Tautgc I vdpath, Lid, has rucivcdtrpca'rcvi to eat7n gxfpq +MEau Cwmqbai� rw�d 549e EM 701cphon, i+aa'aLnkY-tTt it 141}V.�IL'I11:31:1.{ti!Ifl MCI 1"I aw lincludrd, ci.i is wiav rs r-artj�l�ycc'hcul+�ia�I�itirts. g and ;9 4fing pnlutic+a of 1, mo, bas L)ccn suRnbly o assurance ofPQI-fornlin staudards in all nrak>ais7 or jWL HLD 23 CITY OF ST. ANTI-IONY VILLAGE RESOLUTION 11-050 A RESOLUTION APPROVING HLB TAUTGES REDPATI-I, LTD AS THE CITY AUDITOR FOR AUDITING YEARS 2011, 2012 AND 2013 WHEREAS, in 2008, the City of St. Anthony entered into a 3 -year contract with HLB Tautges Redpath, Ltd for auditing services which is valid through December 31, 2011; and WHEREAS, at the August 1, 201.1, work session, the City Council and Staff discussed the current auditing/ consultant services HLB Tautges Redpath provides; and WHEREAS, the City Council requested HLB Tautges Redpath provide a quote for a 3 -year contract with a zero percent increase; and WHEREAS, the City of St Anthony received an engagement letter from I3LB Tautges Redpath, Ltd agreeing thecost of auditing services will remain the same as the 2010 contract for each of the next three -years. BE I'T RESOLVED, that the City Council of the City of St. Anthony hereby approves HLB Tautges, Redpath, Ltd, to perform the services and role of. the City Auditor for auditing years 2011,.and & 201.3. BE IT FURTHER RESOLVED, that the Mayor and the Interim City Manager are authorized to enter into this contract. Adopted this 23rd. day of August, 2011, ATTEST: City Clerk Review for Administration: Mayor Interim City Manager 24 STAFF REPORT � To: Mayor and Council Jay Hartman, Interim City Manager From: Kim Moore -Sykes Date: August 23, 2011. Subject: Garage Setback Permit — 2609 Pahl Avenue NE Requested Action: Garage Setback Permit DateAinrlication Received• July 13, 2011 Pcouerty Address: 2609 Pahl Avenue Zoning District: R-1 60-Dav Ex fres: September 12, 2011 Waiver f-etterItequhcd: Yes__ Date Sent: No X Future Action: City Council action on Planning Commission Recommendation at the August 23, 2011. Background. The property owners, Lindsay and Tom Wernimont, submitted an application for a Garage Setback Permit to build a detached double car garage to replace the existing detached single car garage, which is adjacent to an alley and as such, is sited 1.2'in the side yard setback (west property line) and 1.4' into the 3 foot rear set back (north property line). The property owners in their written statement report that they would like to rebuild the new garage in the same location as the existing garage because their driveway comes off from the alley. This placement, which is consistent with the placement of garages of their neighbors, is non -conforming as it is closer than the 3 foot minimum distance required by the City's Zoning Ordinance from the property line. Subsection 152.176 allows only eaves and detached garages to be in the side yard setback but must be 3 feet from the property line (§152.176(B)). The Wernimont garage location in the setbacks and closer to the alley is usual for the neighborhood. Being granted a setback permit for their garage allows them to keep the existing location and to continue to conform to the characteristic of the neighborhood and is in harmony with the zoning code. They initially proposed a slightly larger garage than the existing single car garage. They stated that a larger garage at 24' x 24' (576SF) would solve their storage problem but as they indicated in their written statement, they realized that building this proposed garage would require that they remove the only tree on their property. They have since indicated to staff that they have decided to build a garage that meets the maximum square footage of 528SF for a detached garage. P:APlanningAStaffRcporls\2011A08162011 2609 pahI garage permit stf rptd0e08162011 2609 pall garage permit stI'rpLdoc The property owners are responsible for demonstrating why the strict enforcement of the Ordinance would 26 cause practical difficulties for them by preventing the subject property to be used in a reasonable manner; that the plight of the landowner is due to circumstances unique to the property not created by the landowner; that the variance if granted, will not alter the essential the character of the locality; and that economic considerations alone are not the basis of the practical difficulties. (City Code 152.245(C)) In this situation, requiring the property owner to move the rebuilt garage to within three feet of the property lines would move the location of the garage further from the alley, which would cause the need to relocate their driveway as well. In addition, moving the location of the rebuilt garage to a conforming site would put the structure's alignment at odds with the other garages along the alley, thereby changing the sight lines of the alley and perhaps making it more difficult for the Wernimonts to maneuver out onto the alley. Since the garage is original to the property, its location was not created by the current owners and is unique to the property. The property was built in 1952, according to the City records and before the City's zoning ordinance was codified. Clearly sighting garages along the alley, close to the side and rear property lines, was commonly done at this time. The setback permit, if granted, would be consistent with the City's comprehensive land use plan in that detached garages are permitted in residential areas and the granting of this variance is in harmony with the general purpose and intent of the City's Zoning Code. Recommendation. Planting Commission recommends approval of the garage setback request as it meets the following criteria as established by the City's Zoning Code: 1. The request is within the scope of Subsection 152.176 (F), Garage Setback Permit. 2. Strict enforcement would cause practical difficulties because: a. The property owner proposes to use the property in a reasonable manner not otherwise permitted by the zoning code. §152.176(B) does not allow an accessory building or eave within 3 feet of a property line; b. The plight of the property owner is due to circurastances unique to the property not created by the property owner. The structures on this property were constructed in 1952; the current owners purchased this property in 2008 and are proposing to replace the single car garage with a 528SF double car garage. The variance, if granted will not alter the essential character of the neighborhood. The property owners have demonstrated that the siting of the proposed garage will be in essentially the same location as the current structure so as to protect the only tree on the property and to keep the sight lines along the alley the same so as to not affect their ability to use the alley. d. Economic considerations alone are not the basis of the practical difficulties. 3. The variance, if granted, would be consistent with the with the City's comprehensive land use plan. The City recognizes that attached and detached garages are appropriate uses in the residential zoning districts. 4. The granting of the variance is in harmony with the general purposes and intent of the zoning code. The City has demonstrated by implementing §152.176(13) that double garages are desirable and beneficial to the community. C:ADocuments and settingsVbarb. s[lei u\Local setlingsVIempoI ary Internet H1csVOLK24A081620II 2609 pall l garage permit St I' I pt.doc08162011 2609 pahl garage permit stf rpt 27 Attachments. Variance Application and Project Description • Site Plan Resolution 11-051; Approval of a Variance to Encroach into the Side Yard Setback and Rear Setback at 2609 Pahl Avenue. C:ADocuments and SettingsAbaI bsuciIM'ocal SettingsATen porary Internet I'llesVOLK24V08162011 2609 pahI garage permit stf I pt.doc08162011 2009 Pahl garage pennit stfrpt no Gain, teV h�ny ilia 3301 Silver Lake Road ® St. Anthony, MN 55418 ® (p) 612.782.3301 www.ci,saint-antboury.nan.us VARIANCE APPLICATION A. GENERAL DATA APPLICANT' S NAME: ® (f) 612,782.3302 PRE; $60 Residential $1000ther Zoning Districts The above-named individual, firm, or corporation hereby respectfully submits the following supplemental data in support of the preliminary information provided on the accompanying zoning application summary form dated i for the purpose of securing a variance from existing land use zoning controls, W�WNI ON VIN®S -1- ��� • dLO4 NOIAL Contact Person Last Name First Day Phone R. PROJECT INFORMATION I. Subject Property Address: 2. Specify the nature of the project for which a variance is sought: 3. Hxplain how yyou wish to v ry froShe ap cable provisions of the Or IIL WWAh ht v, rn A l..�e �. ls_s.....�...r..�...,.._w.a-..�...,..._...._._ ------—-------- --- 4. Explain on a separate sheet why the strict enforcement of the Ordinance would cause an fskri{) or deny the applicant reasonable use Of the property. State Statute defines hardship as the following: -1 ip as used in connection with the granting of a variance means file property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circa nstances unique to the property not created by the landowner, and the variance if granted, will not alter the essential the character of the locality, Please address each of these items in your written statement. 5. Check all additional supporting documents and date which are being submitter{ to help explain thi�spioject proposal: Site Plan* f_) Topographic Map %K Other (specify) ..p0 �`t!y p�fyl'�5 * Required Cmi nuxli ndrlilioual pages fn fullq e. plain proposal and nerd�mroal iaart. I I I RI BY ( lith 1FY WITII MY SIC NATUR THAT ALL DATA ON MY APPLICATION FORMS, PLANS AND SPECIFICATIONS ARii TRUE AND CORIiIC l 10 i f� BES OF NY 1CN0 7 f)Uli.144 / Sit nature Within one (1) year after the approval of a variance or appeal if the property owner or applicant has not substantially started the construction of any building, structure, addition or alteration requested as part of the approval, said variance S11111) become null and void unless an application for extension of lige approval has been submitted. A letter to oxtond the approval of a variance shall be submitted to the Assistant City Manager not les than thirty (30) days before the expiration of said approval. SUCK lel-lzrshall state the fact for the request, showing a good faith attempt to utilize the variancm, and it shall state the additional time being requested to begin the proposed construction. I he City Council may grant extensions not to exceed one (t) Year. ] :APlanningVDormsVVariance FlpplWation 2005Aoc 2 July 21, 2011 Proiect:, New Detached Garage for Tom and Lindsay Wernimont 2609 Pahl Ave. St. Anthony, MN 55418 Legal Description: Lot 33, Block 5, Murray Heights Addition to Minneapolis Hennepin County, Minnesota Attached materials: • Site Plan showing the existing garage and the outline of the new proposed 24' deep x 22' wide double car garage. • Design and construction documents showing the style, look, and construction details for the proposed new garage. • Photos of the existing garage to be demolished, the existing house, and the existing surrounding garages and neighborhood. • Colored renderings indicating the proposed style and look of the new garage. Statement of Request: According to the current City of St. Anthony zoning ordinance, new detached garages are required to be set back at least 3'-0" from all property lines. The ordinance also states that if a setback permit is issued allowing for the construction of the garage within the required setback, that the garage shall be no larger than 528 sf with no dimension greater than 24 feet. Tom and Lindsay Wernimont are asking for just one request. That is to allow them to build a new detached garage at the same location as the existing garage which 4s1v6Lfrom the north ro eq y.l 0e and 1,, =� X ,; list:=Rrsaperky life as sh.Qw, A � ttae,site plan s> ry tr The new garage would be aligned parallel to the existing property line, thus the entire north part of the new garage would be 1.6' from the north property line. This would be consistent with many of the neighboring garages which are set parallel to their property lines along the alley. Statement of Circumstances: Tom and Lindsay Wernimont moved into their new house located at 2609 Pahl Ave. in late 2008. They bought the house knowing that the existing garage was in a state of disrepair. The garage is structurally unsound and moves with the time of season. Much of the time during winter and early spring the garage door and service door will not open due to movement of the building and concrete slab through the freeze / thaw process. The current concrete slab is broken into a thousand pieces because of the lack of structural reinforcement within the slab and the movement of the slab through the seasons of Minnesota. Water also flows into the building making the garage a pool of water during rain storms and the winter water run-off. Thus the garage is unusable for their cars for much of the year. As shown in one of the photographs of their yard, Tom and Lindsay would like to save, if possible, their only tree in the backyard. In order for that to happen, the new garage would have to be constructed at the same setbacks as the existing garage. As you can tell from the attached photos, the majority of the garages along their alley are at similar setbacks. Constructing the new garage at the existing setback would not in any manner detract from the I I Mo i i Lo 32 � 4.9' � o\-0&- . 1 -STORY STUCCO #2609 j /1 ZZZZ 321.8, 28.4' 59.97 L6 Lo r- PAHL AVENUE l 32 �3\-- 0&- Lo co Lo M, 60.03 PROPOSED GARAGE 22'x 24' (�28 SQ. Fr.) OO 14 PCO ;77 4 7_77/711777'1� OT7 77i 1 -STORY STUCCO #2609 %/1LLL0 -. 1 32 8. .4' 1 hhF 1 159.97 31 0 L6 Lo PAHL AVENUE CITY OF ST. ANTHONY VILLAGE RESOLUTION 11-051 RESOLUTION FOR APPROVAL OF A GARAGE SETBACK PERMIT TO ENCROACH INTO THE SIDE YARD SETBACK AND REAR SETBACK AT 2609 PAHL AVENUE WHEREAS, on August 16, 2011 the Planning Cormnission held a public hearing to consider a request for a 1.2 foot variance to the side yard setback and a 1.4 foot variance into the rear setback for 2609 Pahl Avenue according to 152.176(b); and WHEREAS, the applicants presented their request for a variance so that they could build a detached double car garage to replace the existing detached single car garage; and WHEREAS, the plight of the property owner is due to circumstances unique to the property not created by the property owner. The current structure was built in 1952; and WHEREAS, the variance would not alter the essential character of the neighborhood and the proposed garage will be essentially in the same location as the current structure. This will keep the sight lines along the alley the same so as to not affect their ability to use the alley; and WHEREAS, economic considerations alone are not the basis of the practical difficulties. The variance would be consistent with the City's comprehensive land use plan. The City recognizes that attached and detached garages are appropriate uses in the residential zoning districts; and WHEREAS, granting this variance is in harmony with the general purpose and intent of the Zoning Code. The City has demonstrated by implementing 152.176 (b) that double car garages are desirable and beneficial to the community; and WHEREAS, the Planning Corrunissioners unanimously voted to recommend approval of a 1.2 foot variance to the side yard setback and a 1.4 foot variance into the rear setback for 2609 Pahl Avenue. BE IT RESOLVED, that the City Council of the City of St. Anthony approves of a garage setback permit to encroach into the side yard setback and rear setback at 2609 Pahl Avenue. Adopted this 23rd day of August, 201.1 M City Clerk Review for Administration: Mayor Interim City Manager 32 FUTURE COUNCIL AGENDA ITEMS llmgwl 23, 2011 Meeting Meeting Staff Items/Issues Date 'Type present August 30 Special Joint Meeting with ISD School Board City Council Interim City Manager (followi)agJoilli M(?elilag with School Board) City Council Worksession Dominium Development Agreement Interim City Manager Rice Creek Watershed Agreement Stacie Kvilvang LED Pedestrian Crossings Todd IIubmer Proclamation for Kiwanis Peanut Day City Council September 13 Regular Setting the 2012 Proposed Tax Levy and Budget in Compliance with Interim City Manager the "Truth In Taxation Act Finance Director September 27 Regular Planning Items from September 20 City Council Certifying- the Outstanding Utility Bills. Interim City Manager This d Quarter Goals Update October 11 Regular Approve Election Judges for the Municipal General Election City Council Interim City Manager Approve Plan and Specifications and Order Advertisement for bids for the 2012 Street Project City Engineer Planning ICems firom October 18 City Council October 26 Regular Presentation f om Ramsey County Attorney .John Choi Interim City Manager PC Representative November 8 Regular Approve Plans &Specifications, and Order Advertisement City Council Interim City Manager 8 pin for Bids for the 2012 Street & Utility Improvement Project City Engineer November 22 Regular Planning Items from November 15 City Council Interim City Manager City COM)CH December 13 Regular Adopting the 2012 Tax Levy and Budget City Manager Finance Director HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CITY OF ST. ANTHONY VILLAGE August 23, 2011 Call to Order. Roll Call. I. Approval of August 23, 2011, H.R.A. Agenda. II. Consent Agenda. These items arc 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 July 26, 2011, H.R.A. Minutes. (pp. 1 — 2) B. Claims. (p. 3) III. Public Hearings. IV. General Policy of Business of the H.R.A. V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information and Announcements. VIII. Adjournment. FACoiencil Meetings12011\0823201 RUIRA agendapg#aloe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF ST. ANTHONY HRA REGULAR MEETING MINUTES JULY 26, 2011 CALI. TO ORDER. Chair Faust called the meeting to order at 7:46 p.m. ROLL CALL. Commissioners present: Chair Faust; Commissioners Gray, Jenson, Roth, and Stille. Commissioners absent: None. Also Present: Executive Director Michael Momson I. APPROVAL OF JULY 26, 2011 HRA MEETING AGENDA Motion by Commissioner Gray, seconded by Commissioner Jenson, to approve the July 26, 2011 Housing and Redevelopment Authority Agenda as presented. Motion carried unanimously. II. CONSENT AGENDA. Motion by Commissioner Roth, seconded by Commissioner Jenson, to approve the Consent Agenda, which consisted of: A. II.R.A._Meeting Minutes of June 28, 2011; and B. Claims. Motion carried unanimously. 111. PUBLIC HEARINGS. None. IV. GENERAL POLICY OF BUSINESS OF THE H.R.A. None. V. STAFF REPORTS Executive Director Mornson reported that the City has been informed by Autumn Woods that it is proceeding with the housing project off Kenzie Terrace and will go to concept review by the Planning Commission in September. V1. H.R.A. COMMISSIONER COMMENTS None. VIL INFOI2MA'I'ION AND ANNOUNCP:MENTS 1 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 Housing and Redevelopment Authority Meeting Minutes July 26, 2011 Page 2 None. VIII. ADJOURNMENT Chair Faust adjourned the meeting at 7:48 p.m. Respectfully submitted, Barbara Hughes TimeSaver Off Site Secretarial, Inc. ATTEST: City Clerk Chair 3 H tij �Z mo \� 00000 W Y 00000 wmAmm [ y Nl'Y. U[i ff1 m pao�ro W Yn L Y �zz yz Kln11Fri 3 za ro�n �Nmm L W 0 'Ur' WHO dy r n 0W o p' W q W m Fi z Fi x zn z ro m !Q Y rn n m n n YY Y Y ul mu,mmm ni JJJJJ n �P iP iP �P W WNYOIO Yl 00000 .wwWW N N N N N 'P iP iP YYYYY (] YI-'YF'Y Ul Ul .P Ow W N Y C J N O V Y NU,N l0 J7r tj O N I -'J W�001 O z o� mowo�P y 4lC to Fi � `C y � n a Y la 3