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May 24,2011 Page 3 of 7 1 1-15 8. Resolution No. 11- 063. Director of Finance Dan Maiers reported that Kern DeWenter Viere(KDV),the City's independent auditing firm,has completed their annual audit of accounting records and financial statements. They have issued an unqualified(or clean) opinion that our financial statements are presented fairly in all material public Hearing respects. The auditors also have issued a Management Letter and their Report on Compliance with None Government Auditing Standards and Legal Compliance. A summary of the City's overall financial condition was given. The highlights included net assets of over$70 million, an increase of 6.6%from Council Business 2009. The city adopted a Long Term Financial Plan to finance the replacement of capital assets. A Consideration of Acceptance of the Steve Wischmann, representing KDV Financial commented that 2010 was a good year for city's New Brighton. The auditor's opinion is that the financial condition of Ne ig is a Comprehensive clean/unqualified rating, the highest honor. Annual Financial Report and Councilmember Burg commented that the City has been run fiscally .• , City Staff Management were complimented for their efforts in the financial process. Reports for Fiscal Councilmember Bauman and Mang or Jacobsen stated their a r- •.ti s . for the e of Cit Year er�' pp y Decem 31,2010. Staff as well. Report No. 11-158 Motion by Councilmember Burg,seconded by Councilor•mb• uels I accept the Comprehensive Annual Financial Report for the year ending 1 • • 1, .10, and the a i itors' Management Letter and their Reports on Compliance with Gove •t Auditing Standards and Legal Compliance. 5 Ayes,0 Nays-Motion Carried 2. Pratt Ordway P- . - ests approva •f a Planne• d nit Development 2. Pratt Ordway Amendment , Special . Permit to all• construction of an outdoor dining area Properties requests at 500 5th Y . . Rep• o. 11-159. R: on No. 11-061. approvalofa Planned Unit Development City Planner Jani - undlach I - - •questing a Planned Unit Development Amendment and Amendmen e Pe allow co' tion of a 64 seat outdoor dining patio at Special Use Permit to 500 5th A W. Spe► , the 't proposing outdoor dining is located in the southeast constow ruction of an corner i e building. An . iew o• •osed project was displayed. outdoor dining area The i I foot wide dr. e and ty easement that runs along the perimeter of the at 500 5th AVE NW. Report No. property, • .ff wants to p e th= intent of the easement. Staff recommends that at least Resolution No.1119- a 4 foot clear . s e provided s oth sides; the applicant has requested the option to build the 061 patio off an exis' -taining ,which is in the easement. Public Works staff suggested that the applicant enter i . • enc chment agreement with the City. Over 100 notices we • suted to neighboring properties, there were no inquiries. The Planning Commission re. mended approval with conditions. Councilmember Bauma questioned if the current landscaping will be removed. City Planner Gundlach responded much of the lower growth landscaping will be removed, the mature trees will remain. Councilmember Samuelson stated she looked at the area, and thought it should work out well. Councilmember Samuelson questioned if there is any concern with fumes from nearby vehicles. Ms. Gundlach responded that the patio is far enough away(40 feet) from the intersection. Councilmember Phillips questioned if the code would require two exits from the patio, also noting there was not a clear exit path. Councilmember Phillips suggested clarifying the