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CCM 05/06/2013 CITY COUNCIL MEETING CITY OF FRIDLEY MAY 6, 2013 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Darin Nelson, Interim City Manager Scott Hickok, Community Development Director James Kosluchar, Public Works Director Darcy Erickson, City Attorney Paul Bolin, HRA Assistant Executive Director Jim Casserly, Development Consultant th Al Rosendahl, 31 - 70 Way N.E. Joan Zmuda, 6051 Fourth Street NE Pam Reynolds, 1241 Norton Avenue NE Donald Anderson, Jr., 7304 West Circle NE PROCLAMATIONS: Poppy Days (May 10-11, 2013) National Police Week (May 12-18, 2013) Peace Officers Memorial Day (May 15, 2013) Public Works Week (May 19-25, 2013) APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Board of Appeal and Equalization Meeting of April 22, 2013 APPROVED. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 2 City Council Meeting of April 22, 2013 APPROVED. NEW BUSINESS: 1.Receive the Minutes from the Planning Commission Meeting of April 17, 2013. RECEIVED. 2.Approve the School Resource Officer Program Agreement between the City of Fridley and Independent School District #14. Darin Nelson , Interim City Manager, stated this agreement covers the 2013-14 and 2014-15 school years. The school district will continue to fund a portion of the salary and benefits for two licensed police officers assigned as School Resource Officers. The funding shall be set at $94,660 per year for both school years. Funding in the previous agreement specifies different amounts for each school. The reason for the difference is that the first two months of the prior first term includes only one assigned officer. The City or the School District may exercise a 30- day cancellation clause at any time. This agreement has been reviewed by the School District’s Superintendent and will be presented to the School Board for their approval. Staff recommends Council’s approval. APPROVED. 3. Approve the Stewardship Fund Mini Grant Agreement between the City of Fridley and the Mississippi Watershed Management Organization. Darin Nelson, Interim City Manager,stated as part of our 2009 Street Reconstruction Project, a multi-leg angular intersection of Jupiter/Mercury/Rainbow Drives was reconfigured. As part of the reconfiguration, two rain gardens were installed on the east and west side of the intersection. These infiltration features were added to provide a water quality benefit and reduce costs related to reconfiguration of the storm sewer system in the intersection. Mr. Nelson stated while the eastern rain garden performed well, the western rain garden has not met anticipated performance. This past December, the City applied for and was awarded a Mini Grant through the Mississippi Watershed Management Organization (MWMO) Stewardship Fund Program for retrofit of the rain garden in accordance with the plans prepared by the Anoka County Conservation District. Mr. Nelson stated the total project cost is estimated at $7,724.05. The match will be funded through in-kind staff time and materials purchased through the Storm Water Division. Construction is anticipated to occur this year. Staff recommends Council’s approval. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 3 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Claims (159334-159485). THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF CONSENT AGENDA: Councilmember Bolkcom asked to remove Item Nos. 3 and 4 and place them on the regular agenda. MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of Item Nos. 3 and 4. 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. 3 and 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: th Al Rosendahl , 31 - 70 Way N.E., asked Council why the StarTribune is allowed to dump its ad newspapers in every driveway of the City. Councilmember Bolkcom stated this was brought up to her during Night to Unite, and basically she was told individual people could call. She asked if there is any way to stop it. Councilmember Barnette stated he called, but it still continues. Scott Hickok , Community Development Director, stated he has called the StarTribune to express the City’s concern; and it has fallen on deaf ears. They apparently continue to have no interest in rectifying the problem. It becomes litter and people who do not want it, leave it out. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 4 Councilmember Bolkcom stated a question was whether there really is no code enforcement issue because now it is on your property. It is junkie looking and is also an advertisement showing no one is home when they pile up. Is there anything the City can do relating to a Code enforcement issue? Mr. Hickok replied there is a freedom of press issue here as well. They are free to distribute the paper to people. Location is still something that can be governed. That is the point he was trying to make when calling in, that this could be done in a way where it is not blown around. Mr. Rosendahl stated he would like to know why First Amendment rights trump private property rights. Mayor Lund asked Mr. Rosendahl whether he has tried to contact the StarTribune. Mr. Rosendahl replied, yes. Councilmember Varichak asked what the StarTribune told him. Mr. Rosendahl replied, they discontinued it for a while and then they started dumping it again. Darcy Erickson, City Attorney, stated there is the ability to regulate time, manner, and place. There are some things the City can take a look at and see how they can address this matter with theStarTribune. Mr. Rosendahl stated why could it not go into the plastic mailboxes? The Fridley Focus goes in there. Councilmember Saefke stated he gets the StarTribune regularly, and they still throw it in his driveway periodically. Across from him is multi-housing and all they do there is take an armful and throw it by the mailboxes. Some of the papers not only end up on private property but also on boulevards which is semi-private property and which he considers littering. He has seen lawn services ride right over the things and then you end up with a big mess. Councilmember Bolkcom stated when she called, they told her they only deliver to people who do not receive the paper and their whole thing of course is that it increases their circulation. Mayor Lund stated they will look at it. Mr. Rosendahl stated the neighbor in the house next to him has been evicted. He asked what happens as summer comes along and the grass grows, etc. It is a bank-owned property. Mayor Lund stated if the bank is the owner, they would have to perform to the standards of the City Code. Mr. Rosendahl can call the City about any violations. The City would have to contact the bank by letter, do an inspection, and give them a reasonable amount of time to take care of the issue. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 5 Catherine Velsey, Board of Directors member for the Banfill-Locke Center for the Arts, introduced their new director, Bethany Whitehead. Pam Reynolds , 1241 Norton, stated regarding the StarTribune ad papers, when the snow melted, the catch basins were full of them. One city managed to get the StarTribune to agree to pick up the old newspaper before they placed the new one. There is a number and a website and you really have to work with them and they finally quit delivering them. Some research she did showed that if you are in a townhouse or a homeowners association, the homeowner’s association board can say they do not want them there anymore because they are responsible for the maintenance. It is littering which is against the law. They have the right to print what they wish. Throwing it in her front yard without her permission, does not have anything to do with the First Amendment rights. Donald Anderson, Jr ., 7304 West Circle NE, stated while he is driving his motor scooter, there are passing motorists who are swearing at him, etc. Mayor Lund asked Mr. Anderson is the scooter street legal? Mr. Anderson replied, yes. People tell him to get off the road or drive on the sidewalk because it is going to slow for them. Sometimes the cars go around him real fast and flip him off. He asked if there is anything he can do about that? Mayor Lund asked Mr. Anderson to speak with the Police Department about it. PUBLIC HEARING: 6. Consideration of the Creation of TIF District #22 (Northstar Transit Station TIF District) (Ward 3). MOTION by Councilmember Bolkcom 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 HEARING WAS OPENED AT 8:08 P.M. Paul Bolin, HRA Assistant Executive Director, stated they have been talking about creating this particular TIF district since the 2007 and 2008 legislative sessions gave the City and HRA the ability to create a special Northstar transit TIF district. The purpose of the district is to pay for public improvements, assist redevelopment efforts, and increase transit options in the area around the Northstar station. Those particular parcels included in the district are actually listed in the legislation itself. The parcels are dictated by the legislation that was approved. The st district itself goes roughly from 694 to 61 Avenue and from the Mississippi River to Main Street. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 6 Mr. Bolin stated in 2009, they took a look at creating the district. At that time, the economic conditions were not right. There was no new development happening. John Allen has purchased the “JLT” site and made an application for land use approvals needed to build on the site. Now that he has plans to redevelop that site, there will be quite a bit of increment. Mr. Bolin stated in the Council’s packet they have a rather lengthy resolution and copy of the TIF plan that was put together for this district. It was required by statute. In the TIF plan, they go through four different scenarios for development and identify what could potentially be generated by increment and what some of those costs or uses of that increment could be in the district. Mr. Bolin stated in the best case scenario, if all four phases of development happen throughout the district, they would take the value of those sites which currently sits at about $169 million and increase that value up to about $208 million. There is a potential to see some increase in value in this area. Mr. Bolin stated Fridley has one redevelopment plan and one redevelopment project area in which it can spend the tax increment financing. Any time the City goes through and adds a new district, they also amend the existing redevelopment TIF plan. In this case, they are also slightly adjusting the boundary which includes three parcels the legislature approved that was in the existing TIF plan. They are also amending the TIF plans for 21 TIF districts to account for this new district and then, finally, they are creating a new TIF District No. 22. Mr. Bolin stated with the slight change in boundary, the legislature allowed the City to include what they have labeled on the map as Parcel Nos. 2, 3, and 4. Parcel No. 2 is a vacant parcel the HRA owns. Parcel Nos. 3 and 4 are two-level apartment buildings. The existing boundary for that TIF project dates back to the mid-1980s. That boundary just misses those three parcels. Since the Legislature authorized the HRA to add those three parcels to our Northstar Transit Station District, staff would like to get those included in the City’s overall redevelopment plan. There is a provision for this in the lengthy resolution in the Council’s packet. This legislation was approved in 2007, and then went back to the legislature in 2008 for a couple of minor changes. The actual legislation page itself, is showing the differences between the original 2007 version the 2008 version. Councilmember Bolkcom asked if the changes on page 42 are from 2007 to 2008. Mr. Bolin replied those are the changes that happened in 2008. Councilmember Bolkcom asked if there were any other changes. Mr. Bolin replied those three parcels were included in the 2007 language, and it was approved in the spring of 2007. In 2008, they made the changes they see highlighted and underlined. No changes have been made since 2008. Councilmember Bolkcom asked him to explain about increased tax value and the potential options. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 7 Mr. Bolin replied, at this point in time the only definitive thing is the one project by John Allen for the 27 acres on the corner of East River Road and 694. He is planning a rather large industrial office showroom/warehouse type of building built closer to the railroad tracks. It would have a higher end finish, and is proposed to be just under 140,000 square feet. In the southwest corner of the site, he is proposing 200,000 square feet of office space--a corporate headquarters type of building. Finally, in the northwest corner (the third phase) there would be a number of units of housing. Mr. Bolin stated the TIF plan is their best guesses at what is likely to happen down the road. They need to have all of it in the TIF plan, as it is turned into the State Auditor. They want you to try and figure out what you could do in the tax increment district. If the City does not dream big enough and identify all the different types of scenarios, the TIF projections in the plan are real low, and the numbers are real low, and we end up with a better project that eventually hits development, we lose out on a lot of increment. Mayor Lund said he does not see a lot of green space. With the size of the warehouse, he is concerned about the truck traffic coming from there with it being right adjacent to a multi- housing facility. He asked if there was some restriction on the truck traffic, so there is no traffic going in and out of there at all hours of the day. Councilmember Bolkcom asked how much bigger is the warehouse compared to the one Mr. Allen has on Main Street. Scott Hickok , Community Development Director, replied it is about twice the size. The first building will be very much like his building on Main Street. This one is a bit longer but essentially is the same. These are the types of things that will come back in the planning analysis with the master plan. Mr. Allen does believe that the uses can co-exist. He sees this as a nice higher-end residential complex, complimentary to a world headquarters type building on the corner, made with masonry stone and brick. It will capitalize on the fact it is near transit, both th bus and train. It will be near the 57 Avenue extension when that happens, and it will have easy access to a number of different places. As far as the internal activities, they will want those things to work well together. Much of it is going to be felt in terms of leasing and in terms of the restrictions Mr. Allen puts on it. He does see the first phase as being an impediment to the other two phases, but a nice neighbor. He wants them to all be good neighbors. Councilmember Barnette asked which building on Main Street does John Allen own. Mr. Hickok replied, just north of Murphy, 5110 Main Street. Pam Reynolds, 1241 Norton Avenue N.E., stated in the first part of the resolution, it talks about using monies from other districts. At the HRA meeting, there was discussion that something had changed. James Casserly , Attorney for the Fridley HRA, said the Tax Increment Act puts restrictions on the movement of tax increment. All this does is try and work within the existing tax increment FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 8 act and the existing development program. If there were some excess increment that could be legitimately moved and you had an eligible expense, you would be able to spend it in this area. Ms. Reynolds asked regarding Subsection 24-3, just above Subsection 24-18, it states, “At this time the Authority anticipates there will be no impact on City services due to the creation of the TIF district.” Looking at the phases and what is intended to be built in each phase, she is not sure they can make the statement that there will be no impact on City services. Are they talking police, fire, sewer, water, and plowing? Councilmember Bolkcom replied they would have to do all their plowing and put in their own systems. She asked if they would have to add an extra sewer/water person because of the building development. Attorney Casserly replied this is really a redevelopment project, so all of the services are generally being provided now. Oftentimes in these areas, if you put in new infrastructure, it may actually help decrease the overall maintenance costs because it is all replaced and new. What this tries to get is some unusual kind of cost that would not be taken into account with the development. They did not see anything that was unusual. Generally, the commercial/industrial property owners are obligated to maintain their properties. Ms. Reynolds asked if they were talking about public works type of services. There are four phases that stretch out over a period of time. There must be some needs for something. Ms. Reynolds stated in the title on Exhibit XXIV-E, it says District No. 20. Is this for No. 22? Attorney Casserly replied it should be No. 22. MOTION by Councilmember Bolkcom to move into record Exhibit XXIV-E and Exhibit 1-C, with correction in title referring to No. 22 and not No. 20. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Reynolds said regarding page 47, Subsection XXIV, estimated amount of bonded indebtedness, they discussed this at the HRA meeting. A lot of this is based on assumption. The phases for John Allen’s project goes on to 2022. That is an estimated amount of bonded indebtedness. How do people in the community know if they are going to end up footing the bill for part of this? Who does the bonding? Attorney Casserly replied, it is formula-driven. No debt can be issued without specific HRA approval, and there can never be binding by the City without City Council approval. All tax increment plans require a maximum amount that would be allowable. This prevents you from having to go back in and continuing to amend the plan every time you wanted to do a bond. Bonding is very rare. The City rarely does this kind of bonding in its tax increment districts. It has done some in the past, but it has not done it for many years. Medtronic may have been the last project. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 9 Mayor Lund asked Attorney Casserly to explain about the risk or exposure the City would have. Attorney Casserly said he is not aware of any time where you would never want to authorize debt that could not be supported by the revenues. They have not done it previously, and he cannot imagine them doing it in the future. 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 HEARING WAS CLOSED AT 8:40 P.M. NEW BUSINESS: 7. Resolution Creating TIF District #22 (Northstar Transit Station TIF District) (Ward 3). MOTION by Councilmember Bolkcom to adopt Resolution No. 2013-26. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Resolution for a Final Plat, PS #12-01, by Carlson McCain, for William Fogerty to Subdivide the Existing Large Lot into Three Separate Lots to Allow for Potential Future Development Opportunities on the Site, Generally Located at 7011 University Avenue (Ward 1). Mr. Hickok stated this is the final plat. There was a discovery that LLC was incorrectly named on the plat mylar by the developer. The mistake needs to be corrected. Council is being asked to extend the time frame until September 9. The developer has waived State Statute 15.99 and any deadline requirements related to the platting process. The developer anticipated they would be ready by the Council meeting on May 20. Since that was cancelled, staff suggested the Council meeting on June 10. The developer thinks he will be ready with the corrected Mylar by June 10. MOTION by Councilmember Saefke entering into the record a waiver signed by Mr. William Fogerty dated May 6, 2013. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Saefke to continue consideration of the Resolution for a Final Plat, PS #12-01, by Carlson McCain, for William Fogerty to Subdivide the Existing Large Lot into Three Separate Lots to Allow for Potential Future Development Opportunities on the Site, FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 10 Generally Located at 7011 University Avenue, to June 10, 2013. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Receive Bids and Award the 2013 Street Improvement Project No. ST. 2013-01, to Northwest Asphalt, Inc. James Kosluchar , Public Works Director, stated this project is in the northeast area of Fridley. It is mainly in the Meadowmoor and Flanery Park areas with one street in Melody Manor. The project is 3.9 miles in length and includes 334 properties subject to assessment. Mr. Kosluchar stated the project budget in the 2013 CIP is $1,080,000, including five funding areas which include street CIP, stormwater, water, and storm sewer. The most recent construction cost estimate performed by the engineering staff was $999,735. Bids were opened on April 30 for a combined project. There were 15 bid sets purchased. The City received five responsive bids, and the low bid was received from Northwest Asphalt, Inc., of Shakopee, Minnesota, in the amount of $964,248.98, which was within the budget and 3.5 percent below the final estimate. Mr. Kosluchar stated presuming the work, staff went out and projected the special assessments based on the feasibility report and the items that were bid; and it does come in just under the $2,150 they estimated. Mr. Kosluchar stated the City of Fridley has had two big projects with Northwest Asphalt. In st 2009 they did the 61 Avenue and Moore Lake Drive repaving. In 2011, they did a street rehabilitation project. They have also done several mill and overlay projects. Staff has found their workmanship and attention to schedule to be acceptable and responsive. Staff recommends Council receive the bids and award 2013 Street Improvement Project No. ST. 2013-01, to Northwest Asphalt, Inc., of Shakopee, Minnesota, in the amount of $964,248.98. Mr. Kosluchar stated if Council approves this tonight, they will have a preconstruction meeting. This contractor will pursue the work early in the season. Notice of the schedule will go out to the affected property owners once they have the preconstruction meeting. CenterPoint Energy and CenturyLink have started their utility work in that area. Councilmember Saefke asked if the sewers that needed to be televised have been finished. Mr. Kosluchar replied, they are close. There are some storm sewer repairs and catch basin repairs. They have done a lot of lining up in that area. Actually last year’s lining project covered some of what they needed to do. Councilmember Saefke asked if they have had residential televising. Mr. Kosluchar replied they have had a lot of residential. Anywhere from 50 to 60 residents. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 11 Councilmember Saefke stated people in that area should be aware that if they need work done on their private lines, now would be the opportune time to do it. Mr. Kosluchar replied they always inform them especially if they see if there is an issue or they are considering doing preventative work, because they basically save on the cost of pavement if they get in and need to excavate. They can excavate in the roadway, and the City will repave it. Likewise they can do driveways as well. Councilmember Saefke asked how old are the utilities were in that area. Mr. Kosluchar replied the streets are from the mid 1960s. They do offer to televise for free in the project areas. Councilmember Varichak stated if they do it earlier in the spring, it is less likely they will have roads like last year with the excessive heat they had. Councilmember Bolkcom asked would they actually begin the work. Mr. Kosluchar indicated the contractor would like to begin the week after Memorial Day Weekend. Mayor Lund asked if this was the same asphalt company who did the work up in Ward 2 a couple of years back and they had to come back the following year because there were a number of streets with really sloppy workmanship. Mr. Kosluchar replied this is not the same contractor. MOTION by Councilmember by Varichak to receive bids and award the 2013 Street Improvement Project No. ST. 2013-01 to Northwest Asphalt, Inc. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Approve the Stewardship Fund Mini Grant Agreement between the City of Fridley and the Mississippi Watershed Management Organization. Councilmember Bolkcom referred to page 8, second paragraph. She has an issue with rain gardens. They are lovely and a great idea, but she is not sure they are always being maintained and people are very happy with them. In the second paragraph it states, “The western rain garden has not met anticipated performance. This is mainly due to 1) no pretreatment. . . .“ What is “pretreatment”? Mr. Kosluchar replied a pretreatment base is sometimes recommended when you have three large areas draining, so you can catch the initial grit and silt that comes off the roadway. Those FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 12 basins can be cleaned out. It can block the soil pores so you do not get the infiltration desired in a raingarden. Councilmember Bolkcom referred to page 9. Under 3.4, it says “NOTE: 10% may be withheld for education activities not completed, even if there is no corresponding line item in the budget. No more than 90% of the amount due under this Agreement may be paid until all deliverables and activities have been completed. . . .” Mr. Kosluchar replied, it would be at their discretion. If there was something that was supposed to be presented or provided as an education piece to this. The City does not have an education piece to this project. Councilmember Bolkcom stated she thought that was part of the whole thing. She asked what the City needs to do to make it successful and the neighborhood aware of it. Mr. Kosluchar stated the neighborhood is aware of it. It is at the intersection. Councilmember Saefke was there. They had a meeting prior to the project being installed and several residents attended. By and large there was some skepticism about the area being arranged in the intersection. Councilmember Bolkcom said on page 14 it mentions creating and distributing information flyers on the project to the residents, posting information on the City’s website, and writing articles to be included in the City newsletters. What do they do as far as the education part? Mr. Kosluchar replied there are a couple of things. This is a standard MWMO agreement. A lot of times these grants are involved in an education piece. For Fridley, they know it will provide information on this whether it is in the newsletter, on the website, or something in the neighborhood. However, the City will not really line item any education cost per se. It is just incidental to what the City does to the storm water mission. Councilmember Bolkcom referred to page 13, in the third paragraph from the bottom. It states: “Provide for successful implementation and long term maintenance of the rain garden by developing a maintenance agreement and maintenance plan with adjacent property owner.” Are they talking about asking adjacent property owners to take care of this rain garden? Mr. Kosluchar replied this was kind of the agreement when the initial rain garden was put in. The adjacent property owner would now maintain it and they would have some kind of maintenance arrangement with them. Right now, the City is going to be maintaining the two as they do right now. Councilmember Bolkcom said this includes watering plants during initial establishment, weeding the garden, and replacing mulch. These are all things the City is doing even, though in this agreement it states “adjacent” owner? Mr. Kosluchar stated it is alluding to the fact the City can have a maintenance agreement. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 13 Councilmember Bolkcom stated, it does not say it “can” it says it “will.” Mr. Kosluchar replied, they know it is the City’s maintenance responsibility. Councilmember Bolkcom referred to page 17, she asked what is a “slumped” soil? Mr. Kosluchar replied it has been basically saturated for a long time. Councilmember Bolkcom referred to page 16, what is the “Capitol Equipment” for $900? Mr. Kosluchar replied that is for the pretreatment structure. Councilmember Bolkcom asked what it looked like. Mr. Kosluchar replied it looks like a small catch basin with a grid on it. Mayor Lund stated he recalls when this was built and the adjacent property owner was not very happy. That is one of the reasons why the City is maintaining this. However, he did hear this was a much cheaper alternative than redoing the stormwater runoff in that area. His first thought, $7,700, even with the $2,000 grant as a portion of that, it seems like an awful lot of money to spend and then have to maintain just for one rain garden. Mr. Kosluchar stated at one point they estimated just over $20,000 to reconfigure the storm water system. It could potentially be effective the first time around but it has not been. Mr. Kosluchar stated the east side has been. Mayor Lund asked the west side was so different when the proximity was so close. Mr. Kosluchar replied they do not know. They think it may be because of deeper soil. Mayor Lund asked if they should cut their losses and do the $20,000 fix rather than the $7,700 fix with some risk of failure again. Mr. Kosluchar replied, as an engineer he would like nothing more than to pipe it in. Mayor Lund asked why did he not recommend that. Mr. Kosluchar replied because this is still cost-effective. Mayor Lund stated but the City will have to maintain it perpetually or until they make an agreement with another property owner. Councilmember Bolkcom said they are increasing the water quality by not putting a pipe in place. Mr. Kosluchar replied correct. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 14 Mayor Lund replied he understands Councilmember Bolkcom is in favor of it; however, on the other hand, he believes she is very critical of these rain gardens because a number of them are not kept up. They look like eyesores. Councilmember Bolkcom stated part of the problem is they are put in but no plants are ever put in them. They have to have some sort of agreement with the property owners to maintain them. Mayor Lund stated the City does have agreements with them. Councilmember Bolkcom stated it is something new. If you look on the website for Rice Creek Watershed there are some incredible, beautiful raingardens all over the metro area. It is a matter of getting the right plants and knowing what to do with them. MOTION by Councilmember Bolkcom to approve the Stewardship Fund Mini Grant Agreement between the City of Fridley and the Mississippi Watershed Management Organization. Seconded by Councilmember Saefke. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, SAEFKE, VARICHAK, AND BOLKCOM VOTING AYE, AND MAYOR LUND VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4-1 VOTE. 4. Claims (159334-159485). Councilmember Bolkcom asked regarding page 52, Cub Foods store, New Brighton, Zone supplies, why do they not use our own Cub Foods store. Darin Nelson, Interim City Manager,said he believed that store and the Northtown store are the only ones where the City is able to charge supplies. Councilmember Bolkcom asked regarding page 24, dredging to the landfill, what were we dredging? It says, Waste Management-Blaine. Mr. Kosluchar replied, that was from the Danube storm water pond. Councilmember Bolkcom asked, on page 27, Emergency Automotive Technology, rescue vehicle spotlight, $780. Is that a huge spotlight? Mr. Nelson replied he would check into that. Councilmember Bolkcom asked if it was something that was broken. It seems like there are a lot of things that kind of just die on those fire trucks. Councilmember Bolkcom asked, on page 32, U.S.A. Bluebook, for hydrant marking pens, $386.29. What is that? Councilmember Saefke replied hydrant flags for winter for snowplowing. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2013 PAGE 15 MOTION by Councilmember Bolkcom to approve Claim Nos. 159334-159485. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. 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 MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED AT 9:18 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor