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01/09/2012 - 31301CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 9, 2012 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Darcy Erickson, City Attorney James Kosluchar, Public Works Director Darin Nelson, Finance Director/Treasurer Julie Jones, Planning Manager APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 5, 2011 City Council Meeting of December 12, 2011 APPROVED. NEW BUSINESS: 1. Resolution Designating an Official Newspaper for the Year 2012. William Burns, City Manager, stated staff recommends Council designate the Fridley Sun Focus News and the Minneapolis Star Tribune as the City's official newspapers for 2012. Councilmember Bolkcom asked whether the City has had any contact with Sun Focus News since they were sold, and do we anticipate any issues. Dr. Burns replied, staff does not see any issue. ADOPTED RESOLUTION NO. 2012-01. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 2 2. Resolution Designating Official Depositories for the City of Fridley. William Burns, City Manager, stated in view of the very favorable service the City has received from Wells Fargo Bank, Minnesota, staff recommends Council's approval. Councilmember Bolkcom asked why the City uses Wells Fargo. Darin Nelson, Finance Director, said one reason is their facility is ne�t door to City offices, and they do provide excellent service. The City does do a lot of electronic banking, and Wells Fargo does provide a lot of the services the City needs and desires. They do cover the City's uninsured deposits, the amounts over its FDIC insurance. They collaterize those on a daily basis and make sure the City is fully insured, etc. Councilmember Bolkcom said they also assign the City a business manager. Mr. Nelson replied the City has a business manager who knows the City's accounts and its staff. Staff contacts him at least once or twice a week to resolve issues or questions. ADOPTED RESOLUTION NO. 2012-02. 3. Resolution Establishing the City's Mileage Reimbursement Rate at an Amount Equal to that of the Current IRS Standard Mileage Rate. William Burns, City Manager, stated staff recommends Council adopt the mileage reimbursement rate as established and periodically modified by the Internal Revenue Service (currently $.555 per mile). ADOPTED RESOLUTION NO. 2012-03. 4. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use. William Burns, City Manager said this is a resolution requesting the use of municipal state aid system construction funds for the City's portion of the 2012 street improvement project. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2012-04. 5. Resolution Imposing Load Limits on Public Streets in Fridley, Minnesota. William Burns, City Manager, stated staff recommends the establishment of load limits on specified City streets. The limits begin on a date ordered by the Minnesota Commissioner of Transportation and continue until May 15, 2012, or until such time that Anoka County lifts load limits on County roads. ADOPTED RESOLUTION NO. 2012-05. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 3 6. Agreement for 2012 Residential Recycling Program Between the City of Fridley and the County of Anoka. William Burns, City Manager, stated the agreement provides Fridley will receive an amount, not to exceed, $65,550 in SCORE funding for the City's 2012 recycling program. Other terms of the agreement are almost identical to previous agreements. Staff recommends Council's approval. Councilmember Bolkcom asked whether there was any indication why it was decreased by 5 cents. Dr. Burns replied, population. As Fridley's population does not expand with the County's population, it gets a lesser amount of the SCORE funding. Julie Jones, Planning Manager, stated there is a set amount of money the County passed onto them. Another city whose population increases would get more and Fridley would get less. APPROVED AGREEMENT. 7. Approve 2012 City Council and Staff Appointments. William Burns, City Manager, stated staff recommends the staff and Council appointments to various agencies and organizations for 2012. This includes the reappointment of Bob Barnette to the position of Mayor Pro Tem. APPROVED. 8. Appointments (City Employees): William Burns, City Manager, stated staff recommends the appointment of Joseph Magana to the Police Officer position created by the establishment of a second SRO position. He was born in Fresno, California, and has been a resident of Fridley since 1996. He developed an interest in law enforcement through contacts with Bob Stevens when he was a School Resource Officer. He graduated Magna Cum Laude with a B.A. in Law Enforcement from Minnesota State University at Mankato, has served as a member of the Fridley Police Reserves since 2009, and currently serves as a field training officer for the Reserves and has donated 320 hours in 2011. He is currently employed as a security officer at Mercy Hospital. Dr. Burns stated staff recommends the appointment of Wendy Hiatt to the position of Administrative Assistant III in the Public Works Department. She began as a part-time employee at the City garage in 2005. Her hours were expanded from 20 hours per week to 40 hours per week after the resignation of a full-time employee in November of 2010. She has performed very well in this position and is deserving of the appointment to permanent, full-time status. Her wages and benefits will remain the same. The part-time position which she vacated in 2010 will remain vacant. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 4 Dr. Burns stated staff is recommends appointment of Becky Kiernan to the position of Accounting Specialist. Becky has been performing work previously performed by two full-time employees who left the City in 2009. She currently serves in an administrative capacity for the Finance Director and the City Clerk She is a very capable individual who has performed very well in all of her Finance Department assignments and is deserving of appointment to permanent, full-time status. Councilmember Varichak pointed out the correct spelling of Officer Magana's last name. APPROVED. 9. Claims (153403 — 153688). APPROVED. Councilmember Bolkcom referred to page 30, the Hennepin County Information TE, Assessor Commercial Exchange, $700, she asked what is that for? Mr. Nelson replied, that has something to do with the assessors' research information or database they obviously receive information from. Councilmember Bolkcom asked, they provide to us? Mr. Nelson replied, they provide monthly sales information or other type of assessing-related information from a database. He can look into it. Councilmember Bolkcom stated, yes, as she is curious how it ends up being $700. Councilmember Bolkcom referred to page 31, Digital Records, $7,229.58, she asked if those were recordings for the Police Department? She does not know what the codes are for the different departments. Mr. Nelson replied, he believed "240" is the code for the Springbrook Nature Center so it must be some type of recording device for there. Councilmember Bolkcom asked Dr. Burns to find out what those are used for. Councilmember Bolkcom referred to page 36, Infratech Inc., we paid them $645 to televise Gardena, she asked if that was because it is something the City cannot do with its cameras? James Kosluchar, Public Works Director, replied he was unable to determine whether it was that the City does not have the capability to get up into services or the City did have a camera down for a period of time last month. He will get her an answer on that. Councilmember Bolkcom referred to page 46, Henry's Waterworks, hydrant markers, $9,274, she asked if that was something the City does every year? FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 5 Mr. Kosluchar replied, absolutely not. They knew last year they had a problem locating hydrants with all the snow we had. This will enable them to completely mark all hydrants in the City. 10. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 11. Estimates Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 2011 Sanitary Sewer Lining Project No. 400 FINAL ESTIMATE ................................... $ 10,608.29 Shank Construction 3501 — 85th Avenue North Brooklyn Park, MN 55443 WTP 3 Filter and Chemical Feed Project No. 405 Estimate No. 3 ............................................. $ 41,075.00 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 6 OPEN FORUM: Duncan Wagner, 7370 Jackson Street NE, stated he appreciates this time to present an issue that he has been working with Mr. Kosluchar on. They had an informal meeting a few weeks back to discuss potential resolutions to issues related to water being pumped into Jackson Street. At that time they proposed a sump pump tube to be dug into the front yards on specific addresses. He was also asked to go around with a petition and ask for signatures on how many residents were in agreement. Mr. Wagner said in addition to that meeting, they discussed having the street resurfaced at the same time even though it is not on the City's budget for 2012. They feel with the water damage done to the cement curbs/gutters and the patching of the street in that section, it desperately needs to be resurfaced and have the cement curbs done. Mr. Wagner said he went out to the specific addresses he was given and received 82 percent approved for signature and 77 percent for the street resurfacing. There were four homes where homeowners were not home and they have yet to voice their opinion. In regards to the sump pump, every one that he went to signed. On the street repair, only two neglected to sign, in addition to the four homes he has not met with. Mr. Wagner stated he is proposing to Council they review and work on placing into the budget those services on the sump pump tube and the street resurfacing. He presented the signed/notarized petition. Mayor Lund asked Mr. Wagner if he was going to try and reach those four residents. The City can also contact them. Mr. Wagner replied sure., He said he believed that two of them are possibly rental properties; and the list he was given does not list the address for the landlords. MOTION by Councilmember Saefke to accept the petition into the record. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated he thinks this project is worthwhile. It is a problem that is not going to go away and directing it down on the street is not the ultimate result either. Mr. Wagner stated his house pumps water 24/7. It does not matter if it is a drought or normal rainfall. He pumps water in the month of February. People have been frustrated with pumping in their yard. Water pools up in their backyards, causing mosquitoes, etc. In time, they slowly started to go to the front yard which he did as well. He had to invest in a$7,500 system in his home just to handle the volume after he purchased it in 2000. He attempted to be legal with the City ordinances. At that time he thought it was 11 feet from the curb but he understands now it FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 7 is 14; but he literally had a mini swamp. He could not mow in his front yard and there was standing water at least 3-4 inches thick in about a 6 x 6 area. Mayor Lund asked if his pump ever stops. Mr. Wagner replied it does cycle. In the summer it cycles every 30 seconds. In the winter it does slow up a bit. Mayor Lund asked if he has more than one pump. Mr. Wagner replied one is primary and one is a secondary. His third safety would be a gel- based battery which would kick in and last seven hours should they have a power outage. Councilmember Bolkcom stated this would make things safer. Mr. Wagner stated, yes. If you were to go down his street which is 7370 Jackson, currently there is an ice dam built up from the front of his house to his driveway which he would say is about three feet out in the street. It poses a safety problem for him to walk to his mailbox, and in the summer there are issues with walkers. That water produces a slime on the cement curb. People are walking their dogs, and he has seen the dogs taking a bath and drinking the water which is not very sanitary. It has been an issue for him for 11 years. He is very hopeful they can move forward with this. Mr. Wagner said also with the standing water that has been coming from most of the people pumping the water out into the street, there have been significant sinkholes along the curbs. Even in three or four dry days in the summer, they have puddles of water sitting along those sinkhole areas. On both ends of his driveway he has two sinkholes that desperately need repair, but also his driveway needs repair. He has talked to several homeowners, and they have neglected to resurface their driveways just because of the cost; and the fact that it will be damaged again by the water flowing down the street. Mayor Lund stated he assumes by the puddling, he is talking about the actual settling of the concrete curb. Mr. Wagner replied yes. Mayor Lund stated typically, when the City does a street mill and overlay it will take pieces out of the concrete curb and make repairs at that time so you get good flowage of drain runoff. Mr. Wagner stated the whole street needs to be resurfaced and the whole cement curb/gutter would be replaced as well. That is their proposal on the petition. Mayor Lund asked if anyone had thought about putting an irrigation pipe and underground sprinkler system. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 8 Mr. Wagner replied he has a neighbor across the street who is a civil engineer and who attempted it. The problem is trying to get the volume of water through the elbows up to the street and then out. His understanding is every time you have an elbow, it forces more restriction to the pump so you would have to upgrade your pump significantly to create that. Another thing to keep in mind is when people are pumping into their yards, all they are doing is recycling it. It is just a constant recycle. Councilmember Saefke stated he was at the meeting with Mr. Wagner and his neighbors. It has been an ongoing problem for a good number of years, and they will do their best to get it done. It surprised him on how willing Mr. Wagner's neighbors were to be assessed even though they were told it may be a little higher than normal because it is not in the same neighborhood as the City's normal work was going to be, and they were willing to accept that. He congratulated Mr. Wagner and his neighbors. Mr. Wagner replied said he is very proud of his neighbors, too. In fact one of his neighbors saw him, took one look, and said give me that and I'll sign it right now. Another neighbor is on a fixed income, but she still signed. Councilmember Bolkcom asked Mr. Kosluchar whether the City could contact the landlords who are left. Mr. Kosluchar said they could get in touch with the landlords. Mr. Rhea, 7323 Baker Avenue, Fridley Terrace, stated last time he was here he expressed some concern with the Police Department about coming through the mobile home park and doing frequent checks on the streets and residents. A few weeks ago he called about a suspicious vehicle in the mobile home park. He never did see an officer come out. Mayor Lund asked if he knew what day that was. Mr. Rhea said he did not. Before that, he did call about commercial vehicles, school buses, and FedEx vehicles traveling at a high rate of speed through the mobile home park Instead of an officer coming out, he got a call back from an officer stating that Fridley Terrace is a private community, and there is nothing they can do. He called the State police and got in contact with a commercial vehicle enforcement officer. He was able to meet with them and was assured that if there were any problems with commercial vehicles, he could call and they would come out to see what was going on. Mayor Lund asked if he would like to see the City enforce by ticket or other means on private property. Mr. Rhea said he did not know what could be done. He was wondering, along with other residents, if it would be possible to have a police reserve come through like they did a few years back just to show that somebody is there. He was elected to come here tonight and he feels like a captain with an abandoned ship as no one else showed up. He looks forward to working with the City government and Police Department to resolve this issue. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 9 Mr. Rhea asked since they live in a private community, whether the residents are required to have permits issued on their mobile homes if there is major construction on the outside of the building. Mayor Lund said they are supposed to get building permits. Mr. Rhea, stated a few residents have done major construction on their mobile homes. It is kind of annoying because they have had cards doubled parked, trailers blocking the roadway. They have addressed this issue with the park management. Mayor Lund replied, Mr. Clark may be watching this; and he is putting him on notice for a list of those who are doing remodeling or major work. Councilmember Saefke said if he suspects people are doing construction work without a permit, he should call the Building Department, and they will go out and check They can check the record here and also check on-site. If they find that work is going on without a permit, they can red tag them and put a stop work order on them. Also, if he has access to the internet, on the City's website, the Police Department actually publishes a weekly report of all the calls they went out on and gives an address. If he sees a suspicious vehicle, he should get a license plate number, and if the officer is unable to come he can run the plate number. Dr. Burns stated he can also do on-line reporting on the website. Mayor Lund said he will insure he gets a response on his request for enforcement of speeding, etc. on private property as well as a possibility of using a police reserve. They will also check on whether there are any permits being pulled on maj or construction. PUBLIC HEARING: 12. Consideration of Establishing Chapter 224 of the Fridley City Code, entitled "Stormwater Illicit Discharge Detection and Elimination." MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:04. Councilmember Saefke pointed out a typo on p. 63, paragraph (G), final sentence, "The decision of the City Manager or shall be final" take out the word "or." Jim Kosluchar, Public Works Director, stated the Federal Clean Water Act requires stormwater system permitting in cities nationwide. The City of Fridley has been designated as a small Municipal Separate Storm Sewer System (MS4). The City of Fridley has been permitted as an MS4 since 2002 through the MPCA, who administers the Federal program in Minnesota. FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 10 Mr. Kosluchar stated the Fridley MS4 permit was renewed in 2008. It required that ordinances in the City of Fridley must be in place to address Illicit Discharge Detection and Elimination (IDDE) by 6/30/10. Staff believed that existing ordinances were sufficient to address this. MPCA provided comment after our 2010 annual report that IDDE needs to be addressed more comprehensively. Mr. Kosluchar said IDDE refers to illicit discharge, and it is a non-stormwater discharge to our MS4. Somewhat commonly occurring examples are: wash water from vehicles if not treated prior to direct discharge to the stormwater, litter, and leaves in the boulevard, for which several letters are sent out on every fall. Mr. Kosluchar stated the ordinance in front of them addresses the detection and elimination of these illicit discharges. There are advantages to the new ordinance and the clarity is improved. The MPCA recommended a model ordinance for the City which was quite lengthy. Staff reviewed other several other City ordinances and drafted one based on a model ordinance as revised by the City of Blaine which was quite condensed. It provides for regulation of any non- stormwater discharges to the storm drainage system to the maximum e�tent practicable as required by federal and state law. It establishes the City of Fridley as the regulatory authority. It applies to all water entering the storm sewer system and establishes minimum standards. Mr. Kosluchar stated there are prohibitions cited in the ordinance, such as the following: • Discharges from pools, foundation or footing drains may not be discharged directly to the gutter or storm sewer when determined to contain sediment or other pollutants. They must discharge first over a vegetated area to filter and remove pollutants. This is consistent with Fridley's existing ordinances, which do not allow discharge directly within rights-of-way. • Sanitary sewage connections to the storm sewer system are prohibited. • Any drain or conveyance that has not been documented in plans, maps or equivalent. For example, storm sewer piping changes or connection of a garage floor drain. • New and existing illicit connections are both prohibited. • Introduction of trash, debris, yard waste, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water. Any pollutants or waters containing any pollutants, other than stormwater. Exemptions include: • Flows from wetlands and groundwater • Water from foundation or footing drains • Irrigation water and lawn watering • Individual residential car washing • Potable water system discharges • Street wash water • Firefighting and other emergency discharges • Other permitted discharges FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 11 Mr. Kosluchar stated improper connections in violation of this chapter must be disconnected and redirected, if necessary, to an approved on-site wastewater management system or the sanitary sewer system upon approval of the City of Fridley. Mr. Kosluchar stated right of entry is established in the ordinance. Mr. Kosluchar stated use of Best Management Practices (BMPs) adopted by Fridley are used to control pollutants and are identified in the ordinance. Mr. Kosluchar stated there are penalties identified in the ordinance, such as emergency Cease and Desist Orders, suspension due to the detection of illicit discharge, stop work orders, notice of violation, written warnings. Violations are deemed a public nuisance, and remedies are non- exclusive--other ordinances and their remedies/penalties apply. Mr. Kosluchar stated the first reading is scheduled for February. The second reading would most likely be the second meeting in February. Publication by the end of March and notice by the end of March. That is in concurrence with the MPCA's approved schedule. Mr. Kosluchar stated staff asks that Council move to open the public hearing on the proposed ordinance establishing Chapter 224, Fridley City Code, which has been duly advertised per the attached notice, and to call on all those who wish to speak on the matter. Councilmember Saefke asked what impact this would have on people fertilizing their lawns either by using solid fertilizer and/or liquid spray type. He presumes that would be considered a pollutant if it rains, etc. and washes into the street and the storm system. Mr. Kosluchar replied, as long as it is not running directly off a lawn or directly into a storm sewer system then it would not be a violation. Also, as long as the individual applying it uses a best management practice, such as checking the forecast before lying it down, not fertilizing in the rain. Those would predicate or preclude any violation. Mr. Kosluchar referred to Councilmember Saefke having had a question regarding application of mosquito control chemicals. Those are permitted through the State. Councilmember Saefke asked about car washes. There are a number of car washes put on by various organizations throughout the summer to raise funds. He asked if this would require a permit. Mr. Kosluchar replied, what they would like to do is notify the service stations and locations where they typically hold these events and let him know they can work with staff so there is not a direct discharge. They can put out containment or help them to site the wash in the proper location so it is not considered a violation. Councilmember Saefke stated from time to time Walgreens will have a car wash on their north side. There is a holding pond also on the north side. Would that suffice then to capture wash water? FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 12 Mr. Kosluchar stated he is familiar with the location of the basin but not familiar with how it functions and whether it has a bench area before the pipe outlet. If it had a bench area or depressed area below the pipe outlet then it would meet standards of the ordinance. Councilmember Saefke asked whether staff would take a look at whatever location it is and try and accommodate them. Mr. Kosluchar said yes. It would be on a site-by-site basis. Councilmember Saefke commented just so the public understands, it is not just the City doing this as a requirement, but the MPCA who gets their directives from the federal government. Mayor Lund stated if they have some grassy area rather than the impervious surface, that would be an acceptable filtration. Councilmember Bolkcom said under "Responsibility for Administration, Section 224.04," she does not quite understand it. She asked if the City Manager has to put something in writing to persons or entities acting in the beneficial interest of or in the employ of the City. Darcy Erickson, City Attorney, replied, she believed that is referencing if the City Manager were to delegate to some other person or entity the enforcement, that delegation would have to be in writing. However, as to if the City is enforcing it on its own behalf, that does not apply to each and every person who comes forward. That could be clarified. Councilmember Bolkcom asked why some words had different lettering. She understands there are all the definitions in but then in certain sections, the beginning of every section is just in a different print. Mr. Kosluchar replied, they asked the City Clerk to put this in an ordinance format. He could ask her. Councilmember Bolkcom referred to page 63, Section (F) and (G), for example, she has done something wrong on her property and there is going to be an abatement or something. She can then go to the City Manager by filing with the City Clerk within seven days of when she had the notice of her violation. So if it was on July 7 she had until July 14, it is calendar days, not business days; and she does that through the City Manager, correct? Attorney Erickson replied, yes. Councilmember Bolkcom stated in the ne�t section, she can appeal it to the City of Fridley which is different from almost everything else they do where they appeal it to the City Council. The notice must be received, meaning the notice that she appealed it? Is that what it is saying? That the notice must be received by the City Clerk within the seven days. Is that not stated in the one above that, in (F), or does that say something else? FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 13 Attorney Erickson replied, if you receive a notice of the violation, the property owner can then appeal it to the City Manager. Councilmember Bolkcom stated, she understands that but in the one before it, it states you have to do it within 7 calendar days. Then it says, "any person receiving a notice may appeal it." Is that not what the one before that says? It is kind of repetitious. Attorney Erickson stated it is kind of repetitious but what it is telling the City is what must be in the notice. If the City gives a notice of a violation to a property owner, that notice the City is giving has to provide or outline what remedy or appeal right the property owner has. Councilmember Bolkcom stated so (G) is related to the process of, "I now have received this violation and what I need to do." That could be clearer. Attorney Erickson replied, she will certainly work on that. Councilmember Bolkcom stated so she gets this on July 7, she files it within 2 days with the clerk The hearing has to be held within 7 days from the date it was received, correct? The City Manager has to hear it by the 16, correct? Attorney Erickson replied, from the 9th, if you appeal. Councilmember Bolkcom asked, and what happens if the City Manager is on vacation? Attorney Erickson replied, we do have the City Manager or his designee. Councilmember Bolkcom asked if it should say that. Attorney Erickson replied it does in the Definition section. Councilmember Bolkcom asked what happens after that, if she does not like what the City Manager has told her. What is her ne�t recourse? Attorney Erickson replied, theoretically, any number of remedies are available. As far as the City is concerned, it deems this to be a final decision. There could be court action. Someone could try and enjoin the City from enforcing the ordinance. Councilmember Bolkcom asked why it was the City Manager. Is that how it is done in most other communities? Mr. Kosluchar replied these are not typical approvals, like planning and zoning. The time frame is a little different with those. When we have ongoing discharge and they may have to, for instance, impound storm water from a property because of a discharge, the time frames need to be narrowed. The other thing to note is going to a"notice of violation" is pretty serious. His suspicion is they would have had communication with the owner already about a problem at that point. There was a written warning that it can also go out as part of the City's enforcement tool FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 14 kit. However, a notice of a violation is a more formal process that the City is on record and is protecting itself under its permit. Councilmember Bolkcom stated on page 64, so she did do her work, she will get notice of the abatement, including administrative costs, and then if she does not pay within 30 days or now she has pled her case to the City Manager and she just does not have any money it becomes a special assessment against the property, Chapter 429, or Minnesota Statute. She asked whether that was different from any other abatement the City would do because it sees in the ordinance the City could put a lien on their property for the assessment. That seems to be different than the other abatements. Attorney Erickson replied, essentially, when the City does abate and assesses, it basically functions as a lien on the property. If you are abating under the City Code authority of 128, essentially when the City assesses the property and certifies to the County Auditor, it is a lien on your property and it remains there until it is dealt with. She thinks it is just probably a more full statement of what the City process is. Dr. Burns stated he read this and it strikes him there are still a ton of words in here. This is a very wordy document. In response to something that Councilmember Saefke said, he asked, the way he sees this is it is real simple. It tells you that you cannot put anything in the storm system. You cannot have anything directly connected to the storm system. Mr. Kosluchar replied, right, other than storm water connection. Dr. Burns stated and it also says if you have Stonybrook Creek running through your backyard, you have to cut the grass. If some debris happens to come over from the neighbor's property, you have the responsibility for getting rid of it. It also says you cannot put charcoal and other household items in the stream, and it provides you with some remedies which Councilmember Bolkcom has been going over. That is it in a nutshell. In response to what Councilmember Saefke said, he thinks he was talking about retention or detention basins. Is that considered part of the storm system? He assumes this legislation would keep you from having any direct contact with a retention or detention basin. Mr. Kosluchar replied, a retention or detention basin is considered part of the storm sewer system, but it has a duplicate definition because it is in itself a BMP. It is a BMP constructed to manage storm water pollutants. Therefore, while it may be entering the storm sewer system, it is being dealt with as a BMP and is exempt from the rules. If it is something that has a sump pump and a collection area that can collect pollutants at the bottom, that is what you want. He will clarify one thing Dr. Burns said and he summarized it very well, the one thing is if somebody litters in your stream, you are not obligated to pick it up. You are not the discharger. Councilmember Bolkcom asked about the retention pond down in Riverview Terrace where all those trees are growing. Is that impeding stormwater? There are noxious weeds growing in there. Are we in violation? FRIDLEY CITY COUNCIL MEETING OF JANUARY 9, 2012 PAGE 15 Mr. Kosluchar replied, no, because nobody is discharging anything. There is benefit or a non- benefit to trees growing up in ponds. They can clean up pollutants in ponds, but they need to be harvested. Councilmember Saefke stated, just to clarify to Mr. Wagner who was still in the audience, this does not prevent discharge from his sump into the storm system because it is groundwater and so it is exempt. Councilmember Bolkcom stated going back to Page 61, 224.10, paragraph (2), that sentence goes on forever. Attorney Erickson said they can work to break that up into a couple sentences. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:32. NEW BUSINESS: 13. Informal Status Report. There were no informal status reports. ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:37 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor