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03/12/2012 - 31310CITY COUNCIL MEETING CITY OF FRIDLEY MARCH 12, 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 Debra A. Skogen, City Clerk Eve Frank, Meals on Wheels Connie Thompson, Senior Center Coordinator PROCLAMATION: Meals on Wheels Day — March 21, 2012 Eve Frank, Meals on Wheels, stated they started delivery on June 30, 1973, with 24 clients. She believed the first year they delivered about 400 meals. They now have approximately 152 clients and, in 2011, delivered 35,408 meals. Many churches and organizations in Fridley have been with them from the very beginning. PRESENTATION: Fridley Seniors Program — Encore Program Connie Thompson, Senior Center Coordinator, spoke about the "Encore Program." This is a program that is separate from the senior program. She said the Fridley senior program is a really vital program and offers a lot of great things; but it is a traditional senior program. She said they need to look at a way to market and target the new generation, being the 50-70 year olds coming into the Fridley senior program. They want to give it a fresh new look That is how "Encore" came to be. They started looking at having a program that would meet in the early evening and also partnered with ISD #14. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 2 Ms. Thompson stated this program is geared towards 50-70 years old, but does not mean that a 70-year old cannot participate if they are more active and want to be involved. The attendance has been around 25-30 at each one of the sessions. For one evening program, Siah St. Clair spoke on how to arrange a travel adventure instead of using a travel agency. Ms. Thompson stated typically Encore programs cost between $12 and $20. They try and keep the fees low so individuals and couples can participate. It basically covers the City's cost, and they are hoping a fundraiser will give them a little bit more and they can then have some more expensive speakers come in. Ms. Thompson stated they also have some small groups who meet outside their monthly activities. They do things like walking, biking, kayaking, digital photography, etc. The whole premise of Encore is to be a tool to foster a positive transition into retirement. It also hopes to help people explore the possibilities of new friendships along the way. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 6, 2012 Councilmember Saefke noted on page 9, the motion is repeated. Councilmember Varichak noted on page 3, under Item 6, first line, should read ". .. sewer lining proj ects in five areas. ..." On page 11, paragraph 6, line, 2, strike "it section." City Council Meeting of February 13, 2012 Councilmember Saefke noted on page 23, he believed in the second motion, the address should be 260 — 57th Avenue, and not 260 — 62"d Avenue. Councilmember Varichak noted on page 22, paragraph 14, it should read "doin� maintenance." Councilmember Varichak also noted on tonight's Consent Agenda outline, page 1, fourth line from the bottom, the word "feed" should be replaced with "fed." APPROVED. NEW BUSINESS: 1. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: 2012 Water Main Project No. 404. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 3 William Burns, City Manager, stated the project includes replacement of 2,500 feet of water main on 83rd Avenue and looping segments on Fireside Drive and Anoka Street. The cost for this work is estimated at $385,000. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2012-19. 2. Approve a License Agreement Between the City of Fridley and the County of Anoka for Use of Digital Ortho and Oblique Aerial Photographs. William Burns, City Manager, stated Fridley, along with other Anoka County cities, works with the County to contract for high-resolution aerial photographs. The County requires each participating city to approve a licensing agreement which outlines the terms of the data use. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution Entering Into a Joint Powers Agreement With the State of Minnesota, Bureau of Criminal Apprehension (BCA), and the City of Fridley and Authorizing the Public Safety Director to act as the Authorized Representative for the City and to Execute Said Agreement. William Burns, City Manager, stated this resolution approves a joint powers agreement with the BCA which, in turn, gives the City Prosecutor, Carl Newquist, access to the BCA data system. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Approve a Joint Powers Agreement Establishing the Regional All-Hazards Incident Management Organization. William Burns, City Manager, stated the agreement will enable Fridley to participate in the State's 135-member All-Hazards Incident Management team. Typically these teams are deployed a couple of times a year to address national disasters, transportation accidents, and public events. Members of the team also train quarterly. Dr. Burns stated Fire Chief John Berg, he will be Fridley's assigned team member. The only Fridley contribution to the team will be his time away from the City. As a member of the team, Fridley will have access to other team members and equipment shall it suffer national disasters or transportation accidents that are beyond local control. Staff recommends Council's approval. APPROVED. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 4 5. Receive Bids and Award 2012 Cooperative Street Maintenance Contract, Project No. ST2012-10. William Burns, City Manager, said Fridley jointly contracts for select street maintenance services through a joint powers agreement with Coon Rapids and six other cities. Typically they do sealcoating, street sweeping, and street striping through this process. This year's low bid for sealcoating after this joint powers agreement was by Allied Blacktop in the amount of $151,188.96. The low bid for the street sweeping was $16,3 80 by Pearson Brothers. Finally, the low bid for the striping was $4,995.20 by AAA Striping. Staff recommends Council's approval. RECEIVED BIDS AND AWARDED CONTRACTS TO ALLIED BLACKTOP IN THE AMOUNT OF $151,188.96 FOR SEALCOATING; PEARSON BROTHERS IN THE AMOUNT OF $16,380 FOR STREET SWEEPING; AND AAA STRIPING IN THE AMOUNT OF $4,995.20 FOR STRIPING. 6. Approve a Supplemental Authorization and Payment to the City of Golden Valley for Project No. 397, North Innsbruck Water Main Structural Lining. William Burns, City Manager, stated last year, the City cooperatively bid the water main lining projects with the City of Golden Valley and Hutchinson. While the project was a huge success, the City did incur $9,163.81 in additional costs for Class V backfilling materials. Therefore, staff recommends Council approve a supplemental payment of this amount to the City of Golden Valley, the administrator for this contract with Fer-Pal Construction of Taylor, Michigan. APPROVED. 7. Claims (154082 —154388) Councilmember Bolkcom noted on page 46, the reference to winter outerware should be "outerwear." Also, on page 58, the reference to dead dear should be dead "deer." APPROVED. 8. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 8A. Receive Bids and Award Contract for 2012 Miscellaneous Concrete Repair Project No. 417. William Burns, City Manager, stated the low bidder for this year's miscellaneous concrete repair work was Ron Kassa Construction of Elko, Minnesota, in the amount of $40,620. Staff recommends Council's approval. APPROVED. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 5 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom to add Item No. 8A to the proposed consent agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom requested the removal of Item Nos. 2 and 3. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Item Nos. 2 and 3 and addition of Item No. 8A. 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 with the addition of Item Nos. 2 and 3. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Michael Corbett, 1601 Rice Creed Road NE, stated he has noticed a very large increase of deer population in his yard. He believed it was from some of the construction going on with White Pines. They have lived there for nine years and never noticed a big problem with deer. Within the last few months, in the middle of the night, they have noticed as many as 5 to 7 deer in their backyard. Mayor Lund stated the City does not manage the deer. That is a DNR issue. Dr. Burns stated if you have a particular issue with wildlife and you want to deal with it as an individual, contact Siah St. Clair at the Springbrook Nature Center. He is outstanding and can give him advice. PUBLIC HEARING: 9. Preliminary Assessment Hearing for Jackson Street Storm Sewer Improvement Project No. 413. MOTION by Councilmember Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:02. James Kosluchar, Public Works Director, stated there is sump pump discharge along the 7300 and 7400 blocks of Jackson creating problems in the street, including a hazard with icing all the way down the street. Road maintenance also increases. Because of requests from residents, an open house was held in December to determine the interest for such a project. There was a lot of support from the neighborhood. The City Council received a petition on January 9, 2012, requesting improvements to the street and storm sewer. Mr. Kosluchar stated on January 23, Council passed a resolution ordering preparation of a preliminary report and preliminary plans and specifications. The report indicated the storm water improvements were feasible to construct in 2012. They also determined the street improvements were not feasible this year because of the construction schedule. The stormwater project will be subject to Minn. Ch. 429 (Special Assessment for Benefiting Properties). On February 6, the City Council passed a resolution setting this public hearing. Mr. Kosluchar stated the project is along Jackson Street from 73rd to 75th Avenues. They are considering storm sewer improvements. Staff mailed a hearing notice on January 22, 2012, to 22 properties identified as receiving special benefit. They also had advertisements of the hearing in the official newspaper on February 23 and March 1, 2012. Mr. Kosluchar stated the project goals are to install a pipe that is available to the adjacent properties for their use, and they also want to construct the most cost-effective option. They have also conceived combining the work with another utility project to get best pricing. They will provide a short service stub to each property and construct it in a way that minimizes surface impact. Mr. Kosluchar stated their selected construction method is horizontal, directional drill, also known as "boring." They would install a 6 or 8-inch plastic pipe in both boulevards. He believed 6 inches is what they selected to handle the needs and it would be three to four feet below ground and about four feet behind the curb. This would minimize the surface disturbance to the driveways, landscaping, trees, etc., in the boulevard. The machine to construct this is on top of the ground and basically bores a hole along the length of the project. After this is done they would have a 4-foot x 4-foot hole on each property to install the service "Y." There would be a connection of the drill pipe to the storm sewer at 73rd Avenue. They would take care of the landscaping at the connection site on 73rd Avenue, but irrigation at the service site would be the responsibility of the property owner. Mr. Kosluchar stated the homeowner can construct a service from their house. They recommend and would want to permit those with an air gap in case the pipe ever iced up so that there would not be backflow into the home. Mr. Kosluchar stated they will coordinate service locations with each of the 22 owners. They are expecting that some will not have a service connection. They also intend to solicit an FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 7 alternate bid item from the contractor for service installations. The property owners would be free to have the installations performed by the City contractor or negotiate a price with a contractor of their choosing. Mr. Kosluchar stated as far as communications, they would have a kick-off letter in May. They would provide a schedule, contact information, provide general information to the owner. There would also be direct coordination on a day-to-day basis during the project which they are expecting to be done during the summer. It would not be scheduled for a specific timeframe in order to get the best pricing. The owners can use the City's contact information if they have special access needs such as a graduation party, etc., and do not want construction interfering with that. Residents can also e-mail or call staff to discuss questions or concerns. All that information will be provided in the letter. Mr. Kosluchar stated during construction, the City would inspect, and after construction, accept the construction. The City would maintain the main line. Each individual property owner would maintain their connection and service line similar to a sanitary sewer system or water system service. A resident can connect at any time to the stub. They would need to get a permit at the front desk at City Hall. Mr. Kosluchar stated pavement and curb rehabilitation would be in the future, and they are looking at the possibility of inclusion in the 2013 street rehabilitation proj ect. It should not disturb the work being proposed in 2012. Mr. Kosluchar stated regarding summary of project costs, $59,840 is the latest estimated cost for the project. This is a little bit higher than costs presented at the open house. The proposed funding sources would be half from the storm water utility fund and half from resident contribution which works out to about $1,360 for each property. Mr. Kosluchar stated as to repayment of the assessment, this is typical and similar to a street project. Payments would be on a 10-year term. Property owners can pay back the assessment within 30 days of construction; it can be added to the property taxes and, if not, there is an approximate interest rate of 5.25 percent. Also, senior citizens can qualify for deferment based on income, etc. There is no penalty if a property owner pays off their assessment early. This will occur after the project is complete. There will be another hearing to establish and set the assessment. Mr. Kosluchar stated there is a resolution on tonight's agenda directing staff to finalize plans and authorizing the advertisement for bids. If approved, the project would be advertised for bid with the letting date in April and, if approved, they will likely combine this with the City of Fridley Water Main Rehabilitation Proj ect No. 404 with similar construction. Councilmember Bolkcom asked Mr. Kosluchar whether he had made any contact with the property owners who did not sign the petition. Mr. Kosluchar said all the property owners were notified by mail of this hearing and the project. Some of the owners actually have rental property, and staff is unable to contact them on-site. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 8 Councilmember Bolkcom asked if he knew who they were. Mr. Kosluchar replied, he did know based on the petition presented. Over two-thirds of the people who signed the petition were the owners. There also were a couple of residents who were non-owners who signed the petition. He could not recall their specific properties. He does know they notified a1122 property owners of tonight's hearing. Kevin Bohl, 7399 Memory Lane, stated he lives on the very corner of Memory and Jackson. He asked what happens if he makes payments for the assessment and wants to sell his house and move in a few years. Darcy Erickson, City Attorney, stated you may prorate in the year of closing, paying those special assessments, and anything going forward may sometimes be picked up by the purchaser. It is an item for negotiation between buyer and seller. Mr. Bohl asked what the approximate cost of the connection and permit fee would be. Mr. Kosluchar replied, in this case, because is the properties are subject to a special assessment, they would not have a connection fee associated with this system. Mayor Lund stated with respect to the property owner using the City's contractor or their own to connect, the City is not going to be the go-between on that. Mr. Kosluchar replied, yes, staff envisions there will be a guaranteed price for all the homeowners from the City's contractor. It is not the basis of the award because the City's contract is really about the mains getting installed. Basically, if the contractor desires to do the work, he is going to give the City a decent price, and it would be available to the owners; however, it would be carried out through individual contracts to the owners, separate from the City. As far as the permit fee, he believed it is $45. Councilmember Bolkcom asked if something goes wrong with the connection, that is between the homeowner and the contractor. Mr. Kosluchar replied, correct. The City will also be inspecting the connection because of the permit that is issued, and hopefully, that will alleviate these type of issues. Mr. Bohl asked if the City would be enforcing the connection of this because this project has no bearing if people do not connect. Mr. Kosluchar replied, basically there are discharges that violate the City ordinance (which only permits discharge outside of the City right-of-way). If someone wished not to connect, they basically would have to cut their discharge pipe at least 10 feet back from the back of curb. The pipe would be in their yard, hopefully infiltrating. In addition, the City does have a nuisance ordinance. If there is some discharge creating icing conditions on the roadway, it is considered a nuisance and the property owner has to deal with it. These are the requirements the property owners would have to deal with. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 9 Councilmember Saefke stated the reason why the enforcement has not been real severe on that particular block is the City realizes and recognizes the fact that because of the groundwater, there is no other place for the discharges to currently go. Donald Sivanich, 7400 Jackson Street NE, stated he does not have a sump pump, he did not receive a letter, and he did not sign any petition. He asked whether he is in this project. Mayor Lund replied he is not. Charles Smith, 7301 Jackson Street NE, asked Mr. Kosluchar whether the directional drilling is like a ditch witch. It goes in from one or two places and goes flat under the ground all the way. Mr. Kosluchar replied that is correct. Mr. Smith asked if the approximate assessed amount, $1,360, was based on front footage. Mr. Kosluchar replied no, that is a flat charge per resident. Mr. Smith regarding the paving of the street, which sounds like it will be included in next year's general street improvements, how is that assessed? Mr. Kosluchar replied it is very similar. There is a 10-year pay period on resurfacing for major street rehabilitation. The projected assessment on this year's project was $1,960. Mr. Smith asked and a certain amount of that project would also be split into similar payments such as this one. Mr. Kosluchar replied that is correct. The actual assessment calculation came out to $1,960, so it is a little more expensive. Councilmember Bolkcom asked why the street work was not being done until next year. Mr. Kosluchar replied there may be some soil settlement with less groundwater. They are going to be very careful with the subsurface. Even with trying to do a project next year, they will have to do a number of borings to see what is going on. Another reason is the schedule. They are already on track for bidding the street proj ect. They like to get those bids in early in order to get the best pricing. Inclusion of this work would have pushed it back at least a month. Also, the benefiting areas are different. With respect to the storm piping on each side of the street, one extends a little bit further than the other. The street probably has to be done a little bit further so it involved more people and if they were resistant to the entire project, it may stop the stormwater proj ect. Wendy Hanson, 7341 Jackson Street NE, said she has an irrigation system and was wondering what would happen because it goes out to the street. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 10 Mayor Lund stated the property owner will be responsible for the irrigation. Ms. Hanson asked if there is anything that needs to be done prior to the digging. Mr. Kosluchar replied when she gets notice, they will probably request they mark where the sprinkler system piping is so they can try and avoid it. The pipe will be down three to four feet which will probably be under most irrigation systems. Ms. Hanson asked if they will dig underneath the driveway. Mr. Kosluchar replied it is actually a boring. They will not see a hole. It will basically be the machine will be on one end of the proj ect and it will drive the pipe. Councilmember Saefke stated there will not be any voids with this particular process because, as Mr. Kosluchar indicated, there are no trenches or borings. They will not have to worry about any settlement. Todd Zimba, 7350 Jackson Street NE, said he wanted to thank the City and staff for working on a solution to this issue. He stated that he supports the project. He believes it will improve the values of the properties on Jackson Street in the proj ect area. MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:28. NEW BUSINESS: 10. Resolution Approving the Joint Powers Agreement for the Mississippi Watershed Management Organization. James Kosluchar, Public Works Director, stated in 2011, Fridley, along with five other cities, voted to dissolve the Six Cities Watershed Management Organization. Considering recommendations from staff at that time, the City Council approved a resolution in February, 2011, that the area of Fridley south of the Rice Creek Watershed District be moved into the Mississippi Watershed Management Organization (MWMO), and the area north of Rice Creek Watershed District be moved into the Coon Creek Watershed District (CCWD). Mr. Kosluchar stated in December, 2011, the north portion of Fridley became part of the CCWD after petition from the cities of Blaine, Coon Rapids, Fridley, and Spring Lake Park. Changing the way the watershed organizations operate resulted in increased financial obligations for the operations of the Six Cities WMO, and its related projects. The City has been drafting a plan to comply with the required higher levels of requirements but realized it needed substantial funding to operate at that level. The Six Cities WMO would have to provide some kind of FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 11 staffing in order to accomplish the goals they needed to accomplish, and the administration of the Six Cities WMO would require a large amount of reorganization, hindering or taking time to effect those changes. In addition, the Six Cities WMO did not have legislative authority to levy to provide funding for operating, and it was determined that obtaining this legislative authority was not feasible. Mr. Kosluchar stated factors the City Council considered when requesting membership status in the MWMO included: similarity of geography in the southern portion of Fridley to that of the existing MWMO area that was largely developed, the non-regulatory nature of the MWMO where proj ects are permitted by the City while meeting the requirements of MWMO, the staff that MWMO has in place for required programs, and the operating model where their capital proj ects are supported particularly in the development phase. Mr. Kosluchar stated in order for the southern portion of Fridley to become part of the MWMO, the agreement guiding the MWMO requires amendment and approval of all members including the existing cities and the proposed new members of Columbia Heights, Fridley, and Hilltop. Mr. Kosluchar stated on October 24, staff discussed a draft of the agreement with the City Council, and it was reviewed by the City Attorney. City staff provided the MWMO with a number of requested revisions and clarifications. The agreement is presented for Council's approval. All the comments they provided were addressed with the sole exception of providing an opt-out clause in the agreement. While the MWMO has been accommodating on all the City's other comments, they do believe the inclusion of this clause would limit the long-term commitment of its membership. Mr. Kosluchar stated upon approval of all member cities, the City of Fridley would appoint a commissioner, and alternate, to serve on the seven-member MWMO Board of Commissioners which is now five members. The City of Columbia Heights and Hilltop would share an additional new member. The MWMO advised their plan includes changes for the inclusion of these new areas in Columbia Heights, Fridley, and Hilltop. Fridley will then be required within two years after that plan approval to update its surface water management plan to conform to the updated MWMO plan. Mr. Kosluchar stated the existing MWMO area is almost 90 percent in Minneapolis. Lauderdale, Minneapolis Parks and Recreation Board, St. Anthony Village, and City of St. Paul have small areas as well. The new makeup would include Fridley at about 9 percent of the new MWMO area, and would increase the MWM area by almost 20 percent. Mr. Kosluchar stated staff believes that entering into this MWMO will provide at a level of service, opportunity, and improvements the Six Cities WMO was unable to provide in managing water quality and quantity issues. Also, the MWMO has staff and resources available to them to help the City with capital projects and improve access to outside funding. Mr. Kosluchar stated staff recommends Council's approval. He also included the MWMO Bylaws in the Council packet. The Bylaws are not something the Council will be approving tonight but they are provided for Council's information. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 12 Councilmember Barnette asked what people would see on their tax statement for the City to join this organization. Mr. Kosluchar replied they did some calculations, and the average Fridley home was in the neighborhood of $42 to $45 per year. Councilmember Bolkcom asked whether there is opt-out clause in the Coon Creek agreement. Mr. Kosluchar replied there is no agreement that establishes Fridley as a part of the Coon Creek Watershed District. The City is a member of Coon Creek There is no real opt-out. The City can petition BWSR (Board of Water and Soil Resources) if it chooses to leave the Coon Creek Watershed District, but it is really up to BWSR at that point. Councilmember Bolkcom asked if the City's commissioner could be someone who does not have technical expertise. Doug Snyder, Executive Director of MWMO, stated most of their cities' appointed members are from their City Councils. From the City of St. Anthony it happens to be Mayor Faust, for Minneapolis it is always a councilmember who has a ward along the river. From their perspective they would prefer to stay with that mode, but St. Paul has now opted to appoint somebody from an environmental committee of the neighborhood that is in the watershed. It is the St. Paul council who determines that, not the MWMO. Councilmember Bolkcom asked when the meetings were normally held. Mr. Snyder stated right now their meetings are held the second Tuesday of odd-numbered months from 2:30 p.m. to 430 p.m, established in the MWMO Bylaws. One of the reasons Council is not looking at the bylaws tonight is that once the new Board is convened, they will be looking at the schedule. Councilmember Bolkcom asked Mr. Snyder to expand on the citizen member vs. the technical member. Mr. Snyder replied their citizens' advisory committee serves at the request of the Board, so they get assigned topics as they come up. They are not a standing committee. The one thing they are working on now is a"Stewardship Fund" which is a grant program to non-profits and other units of government. They also review any planning documents. If and when they do the major plan amendment to incorporate this area, this committee would be reviewing that and making comments. It is always an assigned task that they are working on. Typically the board would have them meet for two to three meetings on a topic and then make a recommendation. Councilmember Bolkcom asked how many proj ects they did a year and asked him to give an example of one they did in the last couple of years. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 13 Mr. Snyder said about 70-75 percent of their budget goes to capital projects and programs. They worked a lot with the City of Minneapolis on the Heritage neighborhood which is just off of I-94 and I-35W to develop a stormwater treatment terrain there that treats the area they developed plus another 300 acres that feeds into it. They just finished a project a couple of years ago with the City of St. Anthony which is a water reuse facility that takes water off of Silver Lake Road near their City Hall and school area. It takes the flush water from their water supply system as well, captures that, and uses it to irrigate their central park area and ball fields, etc. That was about a$1.2 million proj ect. Mr. Snyder stated they have done road reconstruction projects with the City of Minneapolis. It can be anything from very small fixes, to a stormwater system, to looking at doing a four or five block length of a tree stormwater system. In the past, they have helped to do some green roof but no longer do them as this was for a demonstration project. One of the things they have been trying to do is try new technologies and new practices. They have four staff inembers who are out monitoring the river, the pipes, and those practices to see how well they work and whether they should then promote them in other areas. Councilmember Saefke asked if there was a definite term of office for the commissioner. Mr. Snyder replied it is at the pleasure of the council. St. Paul's is appointed on a three-year term and everybody else he believed is on a one-year term. Typically they get people who want to stay on. They have been pretty stable. Most of their commissioners are on the committee for three or four years or even longer before a change is made. Councilmember Saefke stated he was reading in the Joint Powers Agreement that there is a provision for remuneration to commissioners. He asked what it was. Mr. Snyder replied, it is a per diem set in Statute under watershed district law. It is $75 per diem. They have two commissioners right now who use that and none of the others do. Partly this is because some of the councilmembers are paid and are operating on their paid time. They do not feel right accepting a per diem on top of the time they are being paid for. Councilmember Saefke asked if you had to live in the watershed district to be appointed a commissioner. Mr. Snyder replied, no. Councilmember Bolkcom asked if the surface water management plan had to be updated, would it be able to be done in two years. Mr. Kosluchar replied, yes. He spoke with BWSR and they indicated the City would not have to amend its surface water management plan for each of these watershed organization changes. Obviously moving a portion of the City into Coon Creek in December is a change. CCWD will update their plan as well. Basically staff's discussion with them is they could wait until the updated watershed organization plans are in place that incorporate Fridley and then do one change to Fridley's plan. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 14 Councilmember Saefke stated one of the things everyone should realize is that first of all, the City has to belong to a watershed district which is set by State Statute. If we did nothing, then BWSR would probably move the City to the most logical watershed district anyhow which, in their case, would be the MWMO. Councilmember Varichak stated also there is a cost difference between the watersheds. Mr. Kosluchar replied, correct. Each watershed organization sets its own rates. They do offer differing levels of service. Rice Creek is fairly full service, capital projects, etc. MWMO is big but Rice Creek is huge. Coon Creek is much smaller and a little more intimate. They each bring different things to the table. MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-21. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Approve a License Agreement Between the City of Fridley and the County of Anoka for Use of Digital Ortho and Oblique Aerial Photographs. Councilmember Bolkcom asked where this matter was in the approval process and when the other cities approved it. Mr. Kosluchar replied, he did not know when the other cities approved it. When they talked with Anoka County three weeks ago, they found out a lot of cities had approved the agreement already. He thinks Fridley received it in early January. City Attorney Erickson stated there was some delay in communication at the County because the county attorney who drafted it was out of the office for medical purposes. When staff decided to bring their concerns forward, they were put in touch with an assistant county attorney who was covering. They finally received word back from the county attorney responsible for the proj ect. Councilmember Bolkcom stated she is a little frustrated in that whole process where they have an agreement. It seems like someone should say either approve it or give us your changes by "X" amount of time. Is there something they can send to them the next time it comes around? She asked what issues the City Attorney and Mr. Kosluchar had related to this agreement. Attorney Erickson stated as she understands it, starting with the 2011 proposal going forward, they have a new type of technology that had never before been utilized and deals with the oblique utilization--angles that are not just an aerial view of the property, but also different angles from street level. When she first read it, she found it very confusing because there were certain abilities to use certain types of the information in certain ways but it was not clear if it applied to all types of the documentation. They sought clarification with respect to that. Other FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 15 issues she thinks dealt with the copyright. The County had the contract or a license with Pictometry. There was a requirement that there be a copyright placed on the images which does not seem to be occurring from what she understands. Councilmember Bolkcom asked if the City pays anything for this service. Mr. Kosluchar replied, no, they actually contribute for the aerial photography that is used to generate the images so there is an up-front shared cost between all the cities and Anoka County. He does not quite recall what that is right now. He can provide that figure to the Council. Councilmember Bolkcom asked on page 9 at the bottom under Section 3, it says the City has to use it in a special way. What is the benefit to the City for using it other than paying for the original aerials? Mr. Kosluchar replied this is invaluable information. Aerial photographs are taken every two to three years under this program. Three years would not seem like a long time but there are changes in three years. Staff uses it as background to the City's planning maps. Especially with the obliques now being able to look at elevations. Code enforcement uses the information and the City uses it on street proj ects and for stormwater mapping. Councilmember Bolkcom asked if there was anything City staff or anyone could be doing to abuse this. She asked if only City staff could use it. Attorney Erickson replied, that is one of the questions they had; what are the limits as to how the City may use it? An example would be can the City make it available to the citizen who wants to take a look at their property? That is not particularly clear in the agreement. Dr. Burns replied you can pretty much do that on-line through other means. Councilmember Bolkcom asked if someone heard about this and wanted to use it, would the City allow it. Mr. Kosluchar replied the advice of the City Attorney is to not let them view it. Councilmember Bolkcom stated that might be one of those things to include in their questions for next time. Can they have those things clarified by the County Attorney for this year? Attorney Erickson stated she believed the City should get clarification from the County on the parameters of the use, as it is not particularly clear in the agreement. Going forward, they are aware of the issues they have raised, and the next time the contract comes up, they want to be in right away to put in our input. Councilmember Bolkcom asked if they will send something asking for that clarification this year. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 16 Attorney Erickson replied, yes, she thinks they want to have something in writing from the County indicating it is or is not a permitted use. Mr. Kosluchar replied regarding the comment as to people using Google maps or other such services for aerial photography, the photos subject to this agreement are very high resolution. The City uses it for GIS mapping, etc. Last year, the City created a water valve and hydrant map, and the majority of that information could be picked up off the aerial views because it is so high resolution you can seen those kind of elements. That saved a lot of staff time in mapping those out in the field. Councilmember Saefke stated he was part of the sale of a farm, and Wright County actually provided the overview aerial photography with the boundaries. An auction house was able to buy a copy of it from the county as part of the auction material so that those bidding on the property would know what the boundaries, etc. were. It seems to him you can get aerials through the County, and he believes they do charge for them also. Councilmember Bolkcom asked on page 13, No. 2, under "Images," what does that mean. She does not know what "later flyovers" are. Mr. Kosluchar stated that provision basically states these are good for these aerial images produced in 2011 and not for a future cycle. They do this on a two or three-year cycle. If they go in 2014 this license does not apply to data collected under those flights. Councilmember Bolkcom asked how long the agreement is for. Attorney Erickson stated that was another issue. She believes it will be in force and effect until there are a new set of flyovers, and they come before Council with a new agreement. Mr. Kosluchar stated it is used for historic information as well. There are times when they want to look back for some change that happened. The City has other hard copy aerials from the 70s and 80s. Councilmember Bolkcom said on Page 13 it outlines the cost. She asked what the total cost would be to the City. Mr. Kosluchar replied he does not have the costs. That bill was paid in the spring of 2011. The City contributed towards the cost when the flights were done. He believed they actually flew it twice because some of the quality of the aerials were not good enough to meet requirements. MOTION by Councilmember Bolkcom to approve the License Agreement between the City of Fridley and the County of Anoka for Use of Digital Ortho and Oblique Aerial Photographs. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 17 3. Resolution Entering Into a Joint Powers Agreement With the State of Minnesota, Bureau of Criminal Apprehension (BCA), and the City of Fridley and Authorizing the Public Safety Director to act as the Authorized Representative for the City and to Execute Said Agreement. Councilmember Bolkcom asked whether the only one who uses this data collection is the prosecuting attorney? William W. Burns, City Manager, replied also the Police Department. Councilmember Bolkcom asked about the costs. Dr. Burns replied he is not aware of any. This is a re-do of an existing agreement which the City thought was fine; however, someone at the BCA asked the City to redo it based on their technical interpretation. The immediate situation that drives them in doing it is the e-charging program that the law enforcement agencies are going to. In order for the prosecuting attorney to be part of the e-charging, he needs access to the BCA records. They have done it before. This is a technical matter. Councilmember Bolkcom asked on page 18, under "Payment," it says the agency will identify the third party and provide the BCA with the contact information and its contact person for billing purposes. Does the City ever receive a bill? Dr. Burns replied, yes, he thinks the City does receive a bill. Since this is a re-do, he did not take the time to study this. This is the same thing they have had before. Councilmember Bolkcom asked for that information. She also asked who has access to this because of the Data Practices Act. Dr. Burns replied he will get her that information. MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-20. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 9. Second Reading of an Ordinance Amending the Fridley City Code, Chapter 121, Section 121.02, and Repealing Section 121.03, Related to the Consumption and Display of Liquor. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 18 Debra Skogen, City Clerk, stated staff received a request from Fridley `49ers and Fridley Lions about the possibility of obtaining a temporary liquor license at Moon Plaza. Staff reviewed the liquor code and found inconsistencies and conflicts and met with the City Attorney to resolve those issues. Ms. Skogen stated four ordinances were drafted amending the City's liquor code to address the inconsistencies and presented to the City Council on February 6 for the first reading. Tonight they will address the City Council's questions and changes to the ordinances that have been made between the first reading and now. Ms. Skogen stated the current City Code, Section 121.02, prohibits the use of 3.2 percent malt liquor or intoxicating liquor in any private or public place. Section 121.03 allows the Police Department to issue a liquor consumption and use permit to businesses which is actually inconsistent with the State law. Ms. Skogen stated under Minnesota law, only the State can issue an annual consumption and display permit with the approval of the City Council. In addition to the State permit, the City may issue up to 10 one-day intoxicating liquor consumption and display permits to non-profit organizations in conjunction with social activity in the City sponsored by the organization. Ms. Skogen stated during the first reading. Councilmember Bolkcom asked if Section 121.02 could be condensed or reworded to make it clearer. Based on that question, the following changes are being recommended. In Section 1, Section 121.01, subparts 3 and 5, there are two changes. One amendment changes the definition of "non-intoxicating malt liquor" to 3.2 percent malt liquor; and it removes the definition of "public place." In Section 2, Section 121.01, subpart 6, the amendment creates a new definition for alcoholic beverage. Ms. Skogen stated in Section 3, Section121.02, subparts 1 and 2, the amendment again removes the use of non-intoxicating malt liquor and intoxicating liquor and changes them to alcoholic beverage and removes reference to any public place. Section 121.02, subpart 3, has been changed to provide a list that is shorter and easier to understand. Ms. Skogen stated in Section 4, Section 121.03, the amendment repeals the ability of the Public Safety Director to issue a permit. Ms. Skogen stated the action at this time would be to move the second reading of an ordinance amending City Code Chapter 121, Section 121.02 and repealing Section 121.03, related to consumption and display. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt Ordinance No. 1290 on second reading and order publication. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 19 12. Second Reading of an Ordinance Adopting Fridley City Code, Chapter 604, Related to Consumption and Display Permits, and Amending Chapter 11, Section 11.10, Establishing Fees. Debra Skogen, City Clerk, stated this liquor license enacts a new Chapter, entitled "Chapter 604, Liquor Consumption and Display Permits," and enacting new fees for the permit. Section 1, 604.01, defines the process used to acquire the State's annual consumption and display permit; and Section 604.02 defines the City's one-day permit for non-profit organizations. Ms. Skogen stated in Section 2, the fees are defined for annual permit approval. Staff recommends $300 for the State annual permit and approval by City Council and $25 for the one- day permit which is the fee allowable by State law. The only change made to this ordinance was to Section 604.02, subpart 7. They removed language requiring a police officer to obtain approval from the Public Safety Director to suspend a permit if there is a public safety danger or infringement of peace and tranquility. The police officer would be acting on behalf of the Police Chief instead of having to get direction to go ahead and suspend the license. Councilmember Bolkcom asked, if she were to have a late-night endorsement, would it cost her more money? Is that license part of this? Ms. Skogen replied, that would be something separate. She believes it is an establishment who does not hold a liquor license, but they want to allow people to bring in their own alcohol and serve setups. Attorney Erickson replied, right now she does not believe they have contemplated a light-night endorsement to an annual consumption and display; and the City currently does not have a fee in Chapter 11 for the late-night endorsement. Councilmember Bolkcom asked about the one-day consumption related to non-profit, because in the next section over, it is related to a temporary license is required that includes clubs, charitable, religious, and non-profits, but this one is only for non-profit. Attorney Erickson replied, no, she did not think that was the case. It is, if you do not have a liquor license. Ms. Skogen stated Councilmember Bolkcom is asking about the one-day permit which is only for non-profit organizations. Attorney Erickson replied, yes. For the temporary one-day permit. The difference is they are not actually selling it. They are just allowing consumption or dispensing it. Councilmember Bolkcom asked if she could get one if she is not a non-profit. Attorney Erickson replied, no. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 20 MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt Ordinance No. 1291 on second reading and order publication. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Second Reading of an Ordinance Amending the Fridley City Code, Chapter 602, Sections 602.02.3, 602.02.5, 602.05.1 and 602.14.1; Chapter 603, Section 603.02, 603.07.1, 603.09.2, 603.24, and 603.26.1, and Chapter 606, Sections 609.09.1 and 606.12.1, Related to On-Sale 3.2% Malt Liquor, On-Sale Intoxicating Liquor and On-Sale Intoxicating Liquor Clubs. and Adopt Official Title and Summary Ordinance. Debra Skogen, City Clerk, stated this ordinance addresses inconsistencies found among the three chapters which are for 3.2 percent malt liquor, on-sale intoxicating liquor, and club on-sale intoxicating liquor. Two of the inconsistencies they found were the distance requirement between a church and a public school, and the number of temporary licenses the non-profit organization or a premise could obtain. Ms. Skogen stated the following changes were made between the first and second readings to incorporate the Council's concern. The 2008 sunset clause for the late-night endorsement has been removed from the following sections: Section 1, 602.02.5 which is the 3.2 percent malt liquor license requirement; Section 3, Section 602.05.3, is Chapter 602, the granting of the licenses for the 3.2 malt liquor; Section 5 is Section 603.02 which is on-sale intoxicating liquor, license is required; and Section 10, Section 606.02 is the club license is required. Ms. Skogen stated a police report was prepared to answer Councilmember Bolkcom's question about the late night endorsement. On 2011 there were four establishments operating with late- night endorsements. The four businesses generated 20 calls or 34 percent of the calls for service between 2 a.m. and 4 a.m. The report revealed no significant impact attributable to allowing alcohol sales until 2 a.m. The Police Department has tools in place to monitor and effectively address excessive calls for service at licensed establishments. They were not opposed to removing the sunset clause. Ms. Skogen stated the following sections in the ordinance pertaining to the granting of the licenses were amended to try and incorporate Councilmember Bolkcom's request to make the language easier to understand. They all read the same. Section 2 is Section 602.05.1 which is 3.2 percent malt liquor; Section 6 which is Section 603.07.1, intoxicating liquor; and Section 11 which is Section 606.09.1. They took the language that was in the Code, repealed that language, and then created new language to make it more understandable for what is required for obtaining a license. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 21 Ms. Skogen stated Chapters 602, 603, and 606 repeal the language requiring the license to be approved at the next City Council meeting. A survey was completed of 15 cities in the northwest metro area to find out what their liquor license procedures were. Four of the cities do not require a public hearing, and the license is put on approval on the Council agenda; sometimes on the consent agenda. Eleven cities do hold public hearings and approve or deny the license after the public hearing closes at the same meeting. If there are any questions, a public hearing can be continued and approval or denial of the license can be done at that time. Councilmember Barnette asked regarding the definition of a patio, it must be entered form within the establishment, correct? Ms. Skogen replied correct. Councilmember Bolkcom asked if she has a late-night endorsement, come the end of March, does that automatically get renewed? Ms. Skogen replied, each renewal is done at the time they are renewing their liquor license, but the actual physical time they hold their late-night depends on when they apply for it through the State of Minnesota. When they renew their license this year, they will request the late-night; and it will be based on the background and all the information staff provides and what it recommends. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt Ordinance No. 1292 on second reading and adopt the official title and summary ordinance and order publication. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Second Reading of an Ordinance Amending the Fridley City Code, Chapter 508, Section 508.21, 508.21.4, 508.21.5 and Enacting City Code, Chapter 508, Section 508.21.5.E, Related to the Sale and Consumption of Alcohol in City Parks and at the Springbrook Nature Center. Debra Skogen, City Clerk, stated in 2003, Chapter 508 was amended to allow for the sale of 3.2 percent malt liquor and wine at Springbrook Nature Center. In 2007, Chapter 508 was again amended for the sale of strong beer at Springbrook Nature Center. During 2011, the Minnesota legislature amended state law to allow for city-licensed on-sale liquor establishments to provide food and alcohol beverages off their licensed premises at a city-owned facility. Ms. Skogen stated the first question that was asked at the last meeting was is an event geared by a local licensed establishment required to abide by the City's 40/60 food-to-liquor ratio? Staff did review the Code, and the 40/60 ratio is not event specific. The sales would be calculated towards an establishment's annual gross sales to ensure they are in compliance with the City's 40/60 percent food-to-liquor ratio reported annually with their renewal application. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 22 Ms. Skogen stated the second question was can a non-profit organization hold an event with a temporary on-sale intoxicating liquor license. The answer to that question is yes. A non-profit organization may apply for a temporary liquor license for an event to be held at Springbrook Nature Center. The applicant provides the date and time of the event, liquor liability insurance, and who will be providing the food. They also provide their non-profit status to the City. Ms. Skogen stated changes that have been made between the first and second reading include: Section 1, Section 508.21, removing language referring to a specific type of liquor and replacing it with "alcoholic beverages." Section 2, Section 508.21.4, adds Chapter 602 and removes the term, "strong beer and intoxicating liquor" replacing them with "malt liquor and wine." Also, Section 3, Section 508.21.5, was amended to create language to make it easier to understand and removing the term, "3.2 percent malt liquor and strong beer" and replacing them with "malt liquor." Mayor Lund asked what the difference was between strong beer and wine and malt liquor and wine. Attorney Erickson replied malt liquor is a definition that includes both 3.2 percent beer and what is commonly referred to as "strong" beer. It was a more inclusive term. Councilmember Bolkcom asked what is a"bathing beach" compared to a"beach" which is referred to in Section 1, second paragraph. Ms. Skogen replied they did not change that part of the Code. She does not know why it is "bathing" beach. Now would be the time to change that. Councilmember Bolkcom stated, it says "community festivals." If she wanted to have a festival related to bicycles or something, would that be considered a broader community appeal? Attorney Erickson replied, she thinks that is probably one of those nice undefined terms that is in State law. She thinks typically it is community celebrations, such as `49er Days or Arts in the Park, those larger-scale events. Ms. Skogen stated an organization could do it on their own and serve alcohol in the park They would have to come to the Council, and it would have to be a broad community event. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance on the second reading and order publication. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Saefke to amend the language in Section 1, paragraph 2, removing the word "bathing." Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 23 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 15. First Reading of an Ordinance Amending the Fridley City Code, Chapter 1, Legislative Body, Pertaining to Ward and Precinct Boundaries. Debra Skogen, City Clerk, stated the City was redistricted in 2002 into State Senate Districts 50 and 51 and State House Districts SOA, SOB, and S 1B. In 2002, Ward 2, Precinct 4, was split into two house districts, SOA and SOB, creating two separate precincts. Ms. Skogen stated after receiving population information last fall from the 2010 census, staff reviewed the information on the ward population. The review showed there would be little, if any, changes necessary unless the State legislature redistricting would cause further action for the City. Ms. Skogen stated on February 21, 2012, the Minnesota Supreme Court released its redistricting order using the results from the 2010 central census. The new court order places the City within one State senate district and one house district--Senate District 41 and House District 41A. Ms. Skogen stated Section 204 of the City Charter action requires the boundaries of the three wards to be redetermined. The population of any ward shall not deviate by more than 3 percent from the average of the three wards. The total population for 2010 is 27,204, giving the City an average ward population of 9,068. For Ward 1 there is a population of 9,074; for Ward 2 there is a population of 9,007; and for Ward 3 there is a population of 9,123. They are all at approximately 33 percent. All of the wards are within or actually less than the 3 percent deviation required by Charter. Ms. Skogen stated the 2012 redistricting allows the City to combine Ward 2, Precincts 4 and 5 into one precinct. That will give the City a combined ward which would now become Ward 2, Precinct 4; and it would create less confusion for the voters who vote in that precinct. Also, the City is now allowed to hire 8 fewer judges. Ms. Skogen stated the only thing staff is recommending at this time would be to combine Ward 2, Precincts 4 and 5, into one precinct. The City is required to submit its adoptive plan by April 4 to the County and to the State. The Charter requires that it be done by ordinance, but it does not require a public hearing. At this time staff is recommending a motion to approve the first reading of the ordinance. This information can be found on the City's website. MOTION by Councilmember Varichak to waive the reading of the ordinance and adopt the first reading of the ordinance. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 24 16. Resolution Ordering Jackson Street Improvement Project No. 413, Authorizing Preparation of Final Plans and Specifications, Authorizing the Advertisement for Bids, and Authorizing Preparation of Preliminary Proposed Assessment Roll for Pending Assessment Reporting Purposes. James Kosluchar, Public Works Director, said the City held a public hearing earlier this evening on the improvements for Project No. 413. Staff recommends council's approval of the attached resolution MOTION by Councilmember Saefke to adopt Resolution No. 2012-22. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PRESENTATION: 17. National Pollutant Discharge Elimination System (NPDES) Review of Fridley's Stormwater Pollution Prevention Plan (SWPPP) for 2011. James Kosluchar, Public Works Director, stated the City has an NPDES permit established through the Clean Water Act, a Delegated Authority from EPA to the Minnesota Pollution Control Agency; and they have the authority over the stormwater program. This established the City of Fridley as a municipal separate storm sewer system or MS4. The storm sewer system includes everything that is involved in conveying or collecting stormwater runoff. It does not connect with a wastewater collection or treatment plant. The City of Fridley is an MS4 and issued its own MS4 permit under the State of Minnesota permit. Mr. Kosluchar stated in 2008, the City of Fridley received its last reauthorization of its MS4 permit. In the heart of the permit is the Stormwater Pollution Prevention Plan (SWPPP). This is the completion of the City's ninth year under the NPDES program. Fridley was always been very proactive over the years in implementing stormwater programs, mainly to try to prevent flooding. Fridley had many ponds and wet basins constructed in the 1980s, prior to this program being in effect. Mr. Kosluchar stated the City has been meeting the requirements of six minimum control measures for many years prior to the federal requirements. The six minimum control measures that are part of the City's SWPPP are public outreach education; public involvement and participation; illicit discharge detection and elimination; construction site runoff control; post- construction stormwater management; and pollution prevention and good housekeeping for its municipal operations. Mr. Kosluchar stated as far as public education and outreach, the City does run programs on its municipal television, Channel 17, and tries to education people regarding stormwater issues. The City has printed handouts for the public; Springbrook Nature Center tech tips and bookmarks; FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 25 Mississippi River and Springbrook watershed brochures; and stormwater educational calendars. Mr. Kosluchar stated as far as the City's public participation program, it does involve the public in rain gardens and their construction. The City has two new rain gardens on West Moore Lake Drive as a cooperative demonstration project with Rice Creek Watershed District and Fridley School District. The City also involved the neighborhood near Altura Park in the construction of a rain garden in 2011. It had several new infiltration basins along Anoka County Locke Park project. Also, a large rain garden was constructed by an owner at 960 Hathaway with Anoka Conservation District assistance. Mr. Kosluchar stated this meeting is another chance for involvement. The City's illicit discharge and detection and elimination efforts for 2011 included storm sewer mapping, and it continues to add into our GIS and engineering maps water quality elements. The City has over 120 ponds, private and public, that are used for stormwater management and it is working to get information into a database the City can use for future maintenance. Mr. Kosluchar stated the City's illicit discharge and detection and elimination ordinance, Chapter 224, was drafted in 2011 and established in February, 2012. The City has a program for review of municipal facilities and operations that is ongoing. The City also does outfall inspection and cleaning. It is required to inspect 20 percent of its outfalls annually and did 36 outfall inspections on Rice Creek in 2011. As to non-discharge flows, the City is working with property owners to comply with the new IDDE code. The City actually has some information that is going to be going out later this month, and it has a wellhead protection presentation with some stormwater-related information on Wednesday. Mr. Kosluchar stated regarding construction site runoff control, he believes the City has made great efforts in the last few years. The City does have an erosion control ordinance that was approved by City Council in 2006. In addition, the City has ordinances to help protect shoreland areas and require runoff control of parking areas. Mr. Kosluchar stated as to construction compliance, the City encourages the use of best management practices during construction. The City requires temporary ponding at times, and concrete washout areas are a requirement now. As to 2011 proj ects the City had reviewed, those included Martin Brower's expansion, Metro Transport, Landmark of Fridley, and Cummins Test Cells. All of these had fairly large stormwater components. The City reviewed 12 projects, and 7 of those required NPDES construction permits. Several corrective notifications were issued. The City had no notice of violations this year, and he believed there was only one last year. Mr. Kosluchar stated the City also maintained compliance with development ordinances and the addition of stormwater BMP's to any and all development or redevelopment projects in the City. The City also managed agreements that required maintenance by private property owners of their stormwater systems and granting of access easements to the City to legally enter property and correct when needed. There were four agreements that were coordinated in 2011. Mr. Kosluchar stated minimal control measures are good housekeeping for municipal operations. The City inspects and removes debris from 13 structural storm sewer treatment devices each year. No structures required cleaning in 2011. Fridley has actually gone to a two- FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 26 year cycle on those, and a lot has to do with the street sweeping efforts. The City did 815 hours of street sweeping during the spring and fall in 2011 and removed over 2,400 cubic yards of material from its streets and about half of it was sand and dirt. This is just over a 50 percent increase from 2010, and he attributes a lot of that to the winter the City had in the 2010/2011 year where a lot of de-icing materials went down and also from the storms, including the tornado. Since 2006, the City's rate of application of road salt has been cut by 70 percent. Mr. Kosluchar stated other events in 2011 that impacted stormwater were the tornado and flood clean-up. A large amount of resources were spent dealing with the aftermath from a stormwater standpoint, including washouts, cleaning, etc. The City moved to the Coon Creek Watershed District in December and looks forward in 2012 to moving to the MWMO. The City has received some funding for a project on Oak Glen Creek A large amount of funding for this project was obtained through the Anoka Conservation District with City of Fridley and Coon Creek Watershed District assistance. Mr. Kosluchar stated in the future, the City will have a new MS4 permit. The City is also facing Total Maximum Daily Load Requirements (TMDL) in the future which requires it to do more reporting and provide more information about BMP's. Recently, the draft of the South Metro Mississippi River TMDL came out for comment. There is an estimated $850 million in expenditures by 2020 for 217 MS4's to achieve a 25 percent reduction in total suspended solids from 20121evels. This TMDL affects cities as far upstream as Aitkin and St. Cloud. Mr. Kosluchar stated they will also have sediment disposal controls that are actually implemented right now for BMP maintenance. They will be going through the receiving water inventorying after the permit is reissued. The City has about three months to submit its final product after the new stormwater permit is issued. Mr. Kosluchar stated as to Fridley's role, it is involved as a stakeholder in the development of the new permit. As to TMDL and regulations, the City is not always heard regarding effect on its operations during the TMDL development process. He thinks this is common with these studies when it comes to cities across the board. The City is a member of the Minnesota Cities Stormwater Coalition; a group that organizes cities, particularly metro cities which are pretty heavily impacted by stormwater regulations, and works with agencies on behalf of their member cities. They see a common philosophy here where the City should spend their limited stormwater resources on what is effective. Mr. Kosluchar stated additional costs are coming in order to comply with added rules and permit requirements. There are more resources if people are interested. The MPCA stormwater website was revamped a year ago. There is also the City's website. Dr. Burns stated there is a lot of emphasis and a lot of cost on TMDL's and all of this relates to cities. He asked to what extent are the agricultural areas in Minnesota being forced to recognize TMDL's and to deal with them. Mr. Kosluchar replied the agricultural areas actually are exempt from the Clean Water Act requirements. There is a voluntary compliance movement at this time. There was a very FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 27 interesting article in the Star Tribune last fall. It talked about most of the sediment loading in the Mississippi River is from the Minnesota River, and most of that is from agricultural land. However, they can only regulate the urban areas as part of the MS4 program, so the urban areas end up paying to reduce the smallest percentage of contribution to a greater magnitude. 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 10:10 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor