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May 24, 2011 Page 3 of 7 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 ' respects. The auditors also have issued a Management Letter and their Report on Compliance with Government Auditing Standards and Legal Compliance. A summary of the City's overall financial condition was given. The highlights included net assets of over 570 million, an increase of 6.6% fi•om 2009. The city adopted a Long Term Financial Plan to finance the replacement of capital assets. Steve Wischmann, representing KDV Financial commented that 2010 was a very good year for New Brighton. The auditor's opinion is that the financial condition of New Brighton is a clean/unqualified rating, the highest honor. Councilmember Burg commented that the City has been run fiscally responsibly, City Staff were complimented for their efforts in the financial process. Councilmember Bauman and Mayor Jacobsen stated their appreciation for the efforts of City Staff as wel I. Motion by Councilmember Burg, seconded by Councilmember Samuelson to accept the Comprehensive Annual Financial Report for the year ending December 31, 2010, and the auditors' Management Letter and their Reports on Compliance with Government Auditing Standards and Legal Compliance. 5 Ayes, 0 Nays - Motion Carried 2. Pratt Ordway Properties requests approval of a Planned Unit Development Amendment and Special Use Permit to allow construction of an outdoor dining area at 500 5d' AVE NW. Report No. I t-159. Resolution No. 11-061. City Planner Janice Gundlach reported the applicant is requesting a Planned Unit Development Amendment and Special Use Permit to allow constriction of a 64 seat outdoor dining patio at 500 5"' AVE NW. Specifically, the tenant proposing outdoor dining is located in the southeast corner of the building. An overview of the proposed project was displayed. There is a 10 foot wide drainage and utility easement that runs along the perimeter of the property, City staff wants to preserve the intent of the easement. Staff recommends that at least a 4 foot clear path be provided on both sides; the applicant has requested the option to build the patio off an existing retaining wall, which is in the easement. Public Works staff suggested that the applicant enter into an encroachment agreement with the City. Over 100 notices were distributed to neighboring properties, there were no inquiries. The Planning Commission recommended approval with conditions. Councilmember Bauman questioned if the current landscaping will be removed. City Planner Gundlach responded much of the lower growth landscaping will be removed, the !nature trees will remain. Councitmember Samuelson stated she looked at the area, and thought it should work out well. Councilmember Samuelson questioned if there is any concern with filmes 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 condition prohibiting a wait station from the patio, to prohibit a bussing station. Councilmember Phillips expressed concern with a lack of measurable standard relating to background noise. City Planner Gundlach reported establishing a decibel standard is difficult in this location as Public Hearing None Council Business 1. Consideration of Acceptance of the City's Comprehensive Annual Financial Report and Management Reports for Fiscal Year Ending December 31. 2010. Report No. 11-158 2. Pratt Ordway Properties requests approval of a Planned Unit Development Amendment and Special Use Permit to allow construction of an outdoor dining area at 500 5"' AVE NW. Report No. 11-159. Resolution No. 11- 061