09/19/2011 - 30009CITY COUNCIL MEETING
CITY OF FRIDLEY
SEPTEMBER 19, 2011
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
Fritz Knaak, City Attorney
Jim Kosluchar, Public Works Director
Scott Hickok, Community Development Director
Darin Nelson, Finance Director
Greg Kottsick, Public Works Sewer Division Supervisor
Toni Craft, Director of Community Education for Fridley Schools
Sue Davis, AFS
Jose Maldonado, AFS Student
Terry Overacker, City Plumbing Inspector
PROCLAMATION:
Student Foreign Exchange Week: September 19-25
Domestic Violence Awareness Month: October, 2011
PRESENTATION:
Smoke-Free Parks
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Resolution Approving the Temporary Closure of Roadways for a Day in Each of the
Following Locations: Locke Lake Road, East of East River Road; and Glencoe Street,
West of East River Road (Ward 3).
William Burns, City Manager, said staff is requesting Council's approval of the following
temporary roadway closures on September 20, 2011, at 6:00 p.m. Locke Lake Road at East River
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 2011 PAGE 2
Road; and September 27, 2011, at 6:00 p.m. Glencoe Street at East River Road. This will
provide space for East River Road Corridor study meetings with area neighborhoods. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2011-41.
2. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for the Street Improvement Project No. ST. 2011-01.
William Burns, City Manager, said the total project costs are $607,740. Of this amount, staff
proposes to assess $380,062 to benefiting property owners over 10 years at a 5.25% interest rate.
The resolution directs the City's Finance Director to prepare the costs for the 169 properties
included in the project area. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2011-42.
3. Resolution directing Publication of the Hearing on the Proposed Assessment for the
Street Improvement Project No. ST. 2011-01.
William Burns, City Manager, said the hearing notice will be published in the October 6 edition
of the Sun Focus. The hearing is scheduled for October 24, 2011, at 7:30 p.m. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2011-43.
4. Resolution Directing Preparation of the Assessment Roll for the 2011 Nuisance
Abatement.
William Burns, City Manager, said altogether, staff is proposing to assess $34,591.10 for
delinquent nuisance abatement charges to thirty-five properties. The charges will be assessed for
one year at the rate of 6.5% interest. The resolution directs the Finance Director to prepare the
assessment roll. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2011-44.
5. Resolution directing Publication of the Hearing on the Proposed Assessment Roll for
the 2011 Nuisance Abatement
William Burns, City Manager, said if the resolution is approved, the notice will appear in the
October 6 edition of the Sun Focus. Staff has scheduled the public hearing for October 24, 2011,
at 7:30 p.m. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2011-45.
6. Approve Revised Cooperative Agreement between the City of Minneapolis and City of
Fridley Regarding Bicycle Parking Project
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 2011 PAGE 3
William Burns, City Manager, said in April, Council approved a resolution that enabled Fridley
to participate in a Transit for Livable Communities (TLC) grant program. The grant money is
being used to fund bicycle racks in selected metro cities. The City of Minneapolis subsequently
approved the agreement with only minor changes, including one that allows them to use any
racks that are unused by Fridley. Under this agreement Minneapolis will purchase 51 bicycle
racks for use in Fridley and the City will install them. Staff recommends Council's approval.
APPROVED.
7. Appointment - Senior Appraiser.
William Burns, City Manager, said after recruitment and careful review of several applicants for
the City's Senior Appraiser position, staff recommends the appointment of Shawn Halligan to
replace Lynn Krachmer, who resigned earlier this year. Shawn has most recently been employed
by the Anoka County Assessor's Office and enjoys very strong recommendations from his
former employer. If his appointment is approved, Shawn will begin on October 3, 2011, at the
rate of $23.43 per hour. Staff recommends Council's approval.
APPROVED.
8. Claims (152285 — 152360).
APPROVED.
9. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
10. Estimates.
Veit & Co.
1400 Veit Place
Rogers, MN 55374
2011 Sanitary sewer Lining Project No. 400 Estimate No. 1 ... ... ... ... ... ... $56,260.90
Valley Paving, Inc.
8800 — 13th Avenue N.E.
Shakopee, MN 55379
2010 Street Rehabilitation Project No. ST2010-01 Final Estimate... ... ...... $86,432.61
APPROVED.
APPROVAL OF CONSENT AGENDA
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 2011 PAGE 4
MOTION by Councilmember Barnette to approve the Consent Agenda. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA:
MOTION by Councilmember Bolkcom to approve the Agenda. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
Toni Craft, Director of Community Education for Fridley Schools, said each year Community
Education presents a lifelong learning award. The Community Education Advisory Council goes
through the nominations and chooses a winner. This year they have chosen to honor a
community member who supports lifelong learning and the 2011 winner is Councilmember Jim
Saefke.
Ms. Craft said over the past few years, Councilmember Saefke has given many hours to the City
Council but is known as the "Rocking Grandpa" with the Fridley infant care team. He
volunteers every morning Monday through Friday, 10 hours a week. He is a positive male role
model and helps to ensure parents will complete their education.
Councilmember Bolkcom announced that on October 8 and 9, the Banfill-Locke Center will be
having an open house. There will be art, games and music. It will be held from 12:00 to 4:00
p.m. and admission is free. On both days, there will be a drawing for an oil or watercolor print
from a past exhibit.
11. First Reading of an Ordinance Amending Fridley city Code, Chapter 206, Building
Code, Section 206-07, Contractor's Licenses, to Include Sanitary Sewer Service
Cleaners.
Jim Kosluchar, Public Works Director, said the Sewer Supervisor indicated there have been
several cases in 2010 where contractors had partially blocked sanitary sewer mains during their
service cleaning operations. A licensing process would protect residents by identifying
procedures that sewer cleaners need to follow. Sanitary sewer contractor licensure would lay
out procedures for the notification of the City when services are cleared, avoiding the potential
for main backup, providing communication to the resident including important City policies, and
making sure contractors have adequate insurance.
Mr. Kosluchar said staff is proposing to change Chapter 206 of the Fridley City Code. A public
hearing was held on September 12, 2011. The first reading of the ordinance will be held this
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 2011 PAGE 5
evening. The second reading of the ordinance is scheduled for October 10. If approved, the
ordinance will go into effect on January 1, 2012.
Mr. Kosluchar said the contractor will apply for an annual license with a nominal fee of $35.00.
The draft application form developed includes a Contractor's Liability and Workmen's
Compensation Insurance certificates, background check, and agreement from the contractor to
dissemination of information provided, and to notify the City of Fridley when cleaning is
performed. The application requirements are not all stipulated by the ordinance.
Mr. Kosluchar said the City would like contractors to have adequate insurances including
Workmen's Compensation in accordance with State law. In the event there is a problem created
by the contractor that might affect a City main, the contractor's liability insurance will keep the
City from paying for a contractor's mistakes.
Mr. Kosluchar said the City would require the contractor to provide information to owners that
informs them of policies of the City and what their responsibilities are. Many owners do not deal
with these issues frequently. It is important in these cases for the owner to know that the City
can be a resource for them through the process, especially when they deal with unforeseen
circumstances. The City would require the contractor to notify the City when cleaning is to be
performed. This is to allow the City to ensure the main is clear. This may save the owner from
paying for cleaning of their service when it is unwarranted, and avoid backup of the main when
cleaning is performed.
Mr. Kosluchar noted as pointed out at the public hearing on September 12, these criteria have
never been requested in writing for contractors, but some have been requested verbally. If
conformance was completely voluntary, there would be no recourse in the event a contractor did
not comply, and no means of determining compliance on insurances. Staff recommends
Council's approval.
Councilmember Bolkcom asked for clarification if staff was recommending a background
check.
Mr. Kosluchar answered yes, but it is not part of the ordinance.
Councilmember Bolkcom said that the background check is recommended but it is voluntary
and optional.
Mr. Kosluchar said that on the form it says it is a voluntary piece of the application.
Councilmember Bolkcom asked how many complaints the City has each year.
Mr. Kosluchar said in 2010, there were six near misses when the contractor was done cleaning
and the City cleaned up afterwards.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 2011 PAGE 6
Terry Overacker,City Plumbing Inspector, said in August, 2011, Veit contractors removed a
20' section of snake between Chanel Road and Central Avenue and an 8' sewer cleaning cable
was also removed from another area.
Councilmember Bolkcom asked if a homeowner could do it themselves by renting a
commercial snake.
Mr. Overacker answered yes. It is difficult though to figure out who did it.
Councilmember Bolkcom said homeowners could call someone in for an emergency and may
or may not call the City so this does not necessarily cure all the problems.
Mr. Overacker said they cannot prevent the homeowner from doing their own work.
Councilmember Bolkcom added the homeowner can do the same damage as a contactor can.
Mr. Overacker said if 2-3 backup problems can be prevented, the City is way ahead. Backups
are time consuming and expensive for all those involved. A plumber could work on a problem
for several hours and then a decision is made to call the City and the City could fix it
immediately. In some instances, this could save thousands of dollars.
Mr. Overacker said he has been working 23 years with the City and estimates that in 1 out of 5
backups in main lines, the plumber was called first and many times it is cleared out before the
City is called. This leaves the homeowner responsible for the cleaning bill. Sometimes the
plumber is called first and the plumber says to call the City. Time is of essence with backups. A
license requirement is a win-win for everyone involved.
Councilmember Bolkcom does not disagree, but it seems that something could be done verbally
first. A written notice could be sent to plumbers and sewer cleaners first before making an
ordinance. Requiring a license will not make this go away and plumbers are already licensed.
She would rather try to educate plumbers before adding another license requirement.
Mr. Kosluchar agreed that there is probably a way to notify contractors of what we want more
formally to obtain compliance. The concern is new contractors that may not be aware of the
requirements. The other factor to consider is if contractors are going to take the time to educate
staff. Establishing a licensure will be a method to maintain compliance. Council holds the
authority to enforce whether a license can be maintained and they can work in Fridley.
Councilmember Bolkcom asked if Council could impact a license.
Fritz Knaak, City Attorney, said Council can have a lot of say on the license unless something
would require a lower amount of regulation that would preempt you from doing this.
Councilmember Bolkcom said sewer contractors do not currently need a license in the State of
Minnesota.
Attorney Knaak said that is correct.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 2011 PAGE 7
Mr. Overacker said most of the plumbers in Fridley are licensed contractors by the State, but
there are a lot of contractors that are not and do it on the side. We are not trying to catch anyone
or penalize anyone; we just want to get a notification for residents to call the City first.
Councilmember Bolkcom asked if the City could require a plumber, licensed by the State, to
get a license through the City also and hold them to conduct of certain criteria that they would
not be held accountable for by the State of Minnesota.
Attorney Knaak said there would be issues if this is something the State has preempted.
Plumbers have exclusive authority to deal with sewer clean up; everything you do is preempted
by the State. The City wants to be protected by making sure everyone is licensed. This is same
as heating contractors for instance. You want them to pull a license because you want them to
do the work There are no additional restrictions on plumbers but this may cause restrictions on
those who do not have a license. The core of this is to make sure the license is out there. This is
not inconsistent and does not preempt state law.
Councilmember Bolkcom asked if this were true because it says sanitary sewer service cleaners
and not plumbers.
Attorney Knaak said that plumbers are also doing this work You are licensing this work and
trying to get to a group of people outside of plumbers that you are not aware of.
Councilmember Bolkcom asked how much of this situation is just educating the homeowner.
This is not going to stop a homeowner who contracts someone themselves. There are countless
businesses that do sanitary sewer cleaning.
Councilmember Saefke said that a licensure is a form of education. All these people cleaning
out sewers may not know the policy in Fridley. When they come into get a licensure they will be
given a packet. A nominal fee of $35 per year is charged and we should think of this as an
educational packet.
Councilmember Bolkcom said she is not objecting to the fee; there are other ways to get around
this. This will not solve all the problems as people will still do the work and never pull a permit.
Councilmember Saefke said the City has sent out magnets and other information to residents
with the number to call, even after hours, if homeowners have sewer problems. People should
know that if the water is rising and you are not using any water, there is a problem in the main
line and you should call the City. If the water is not rising, there is no emergency because the
homeowner has control over how fast the water rises. In this situation, the homeowner has time
to call the City and a contractor if needed.
Greg Kottsick, Sewer Division Supervisor, said there will be an annual fee of $35 for an
educational packet. The contractor should ask the homeowner if they called the City of Fridley
to check if the main line is clear. After the City is called, then the homeowner should call the
cleaner back to clear the line. The City does not want the cleaner to start cleaning the line,
charge the homeowner $300 and then tell them to call the City because the main line is backed
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 2011 PAGE 8
up. There could be a neighbor with the same problem if it is in the main line. Time is of the
essence. The City should be the first one there to respond.
Councilmember Varichak said having a license is not a cure all, but it may deter some activity
that is happening where contractors charge homeowners hundreds of dollars for an attempted
clean-out when it is in the main line.
Councilmember Bolkcom said she thought the City could send out something to plumbers and
sewer cleaners saying what we want to do and if it does not work, then to do it through the
license process. She did not think adding another layer to the process was necessary when a
mailing may work She asked if this passes if something would be sent to all sanitary sewer
cleaners in the metro area.
Mr. Kosluchar was not sure how far staff would go with the notifications. The 15 contractors in
the Fridley yellow pages would be notified for sure. Staff would try to notify as many as
possible.
Councilmember Bolkcom suggested contacting Charlie Durenberger and asking if this is a
problem in Minneapolis and what other educational pieces need to be added.
Councilmember Varichak asked if most of the telephone calls from contractors come from the
15 listed in the yellow pages.
Mr. Kottsick said it is probably 50% residents and 50% contractors who call.
Councilmember Bolkcom asked if the City could come out right away when they are called.
Mr. Kottsick said that if a call comes in on the weekend, they would come out on Monday. If it
was an emergency over the weekend and someone else came out, the City would still come out
on Monday to check the line. The main thing is the City wants the contractor to make sure the
homeowner is calling the City. Ninety percent of the time, the problem is in the homeowner's
line.
MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER
VARICHAK, MAYOR LUND AND COUNCILMEMBER SAEFKE VOTING AYE,
COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE
MOTION CARRIED ON A 4/1 VOTE
12. Approve Agreement for Legal Services Between the City of Fridley and LeVander,
Gillen & Miller, P.A.
William Burns, City Manager, said a decision was made in June to seek legal services
proposals. The process involved preparation of a request for proposals to approximately si�ty
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 2011 PAGE 9
municipal law firms identified on Lawyers.com and with the help of the League of Minnesota
Cities.
Dr. Burns said an interview panel was assembled consisting of Scott Hickok, Deb Dahl, Darin
Nelson, David Brodie (a Coon Rapids attorney), and mysel£ Proposals were to be submitted by
August 5. Nine proposals were received including a proposal from Attorney Knaak Interviews
were held on August 24 with attorneys representing six of the nine firms.
Dr. Burns said following the interviews, the panel agreed on the two top contenders. The
preferred firms were Ratwick, Roszak & Maloney, P.A., and LeVander, Gillen & Miller from
South St. Paul. Deb Dahl subsequently checked the references for the two contenders. The
panel reconvened on September 6 and agreed, subject to the results of further contacts by the
City Manager, that we should recommend the firm of LeVander, Gillen & Miller, P.A.
Dr. Burns said the references for both firms were both very positive. The LeVander firm,
however, appeared to have more experience in municipal law and to be more focused in
municipal law. The LeVander firm also appeared to have some of the best municipal law
attorneys in the metro. This was confirmed by my conversation with the General Council for the
League of Minnesota Cities. Although the proposed lead attorney for LeVander, Darcy
Erickson, has not yet served as a lead attorney for a city, she has almost twelve years of
municipal law experience and has worked on numerous occasions with city staff, councils and
planning commissions. Kori Land, her backup attorney has served as a lead attorney for several
cities, and enjoys a very strong metropolitan reputation. The LeVander contract would also give
us immediate access to a number of other municipal law specialists on the LeVander staff.
Dr. Burns said that Ms. Erickson's references from managers or administrators in South St.
Paul, West St. Paul, Mahtomedi, and Inver Grove Heights were all very positive as was the
recommendation from Judge Dan Kammemeyer. The contract terms will be as follows:
• The firm shall provide up to fifteen hours monthly for attendance at Council meetings,
commission meetings and twice monthly meetings with City staff at the rate of $100 per
hour.
• The hourly rate for the designated City Attorney and all firm attorneys assisting Fridley
on any municipal matter is $135 per hour.
• More specialized work, including services provided in conjunction with civil litigation,
public improvement projects, and eminent domain shall be billed at the rate of $150 per
hour.
• The minimum increment of time billed for each service, including phone calls, legal
research, correspondence, email correspondence and personal conferences is one-tenth
(.1) of an hour.
• Costs for which the firm would be reimbursed include travel (other than to and from the
Fridley Municipal Center), Westlaw changes, Anoka County filing and recording fees,
Anoka County online property record search fees, and photocopies.
• The firm shall provide monthly billing. The bills shall identify all charges by billing
number, the time spent on the matter, and a detailed description of the work performed.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 2011 PAGE 10
Dr. Burns said in addition to the rate schedule, the contract provides that the LeVander firm will
begin service to Fridley on October 1, 2010, and will be present at the October 10 Council
meeting. The term of the contract shall e�tend to December 31, 2016. The firm has agreed to
maintain a professional liability insurance policy valued at $2,000,000 per occurrence and has
provided a copy of their certificate of insurance with Minnesota Lawyers Mutual. They have
also agreed that there will be an annual review of services provided by the firm.
Dr. Burns said in anticipation of this change in legal services contracts, he has notified Attorney
Fritz Knaak that his contract for services will be severed effective November 15. Fritz
graciously agrees to continue working on legal matters that were initiated prior to the severance
notification. As we make this difficult change, I wish to thank Attorney Knaak for his service to
Fridley over the last si�teen years. He has led us capably through many legal issues and
provided very sound advice to the City Manager and Council. Best wishes to you Fritz as you
continue your service to Minnesota cities. With that, staff recommends that the Fridley City
Council approve the contract for legal services with the firm of LeVander, Gillen, & Miller, P.A.
MOTION by Councilmember Saefke to approve the agreement for Legal Services between the
City of Fridley and LeVander, Gillen & Miller, P.A. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Reports.
Councilmember Saefke said he attended the open house for the new White Pines Assisted
Living Memory Care Facility on Friday afternoon. He was surprised how beautiful and roomy
the facility is. Also the groundbreaking ceremony at the old Sandy's site will be on September
29 at 11:00 a.m.
Councilmember Bolkcom asked how Mayor Lund's "Roof Raiser" event for the Lee Carlson
Center went.
Mayor Lund said it went well and the fundraising and donations are still being accepted.
Councilmember Saefke said that last week the groundbreaking for the Connect Anoka County
project with the fiber optic lines took place.
William Burns, City Manager, said that they are continuing to work on the clean-up at Locke
Lake. The City has no direct responsibility but is working with Burlington Northern to make
sure the work is done. Burlington vacuumed the lake all of last week A meeting will be held to
get further questions resolved. There is still a lot of work to be done and the threshold will have
to be rebuilt. The bikeway and walkway will remain closed until the work is completed.
Councilmember Bolkcom asked if there was an anticipated date the walkway would reopen.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 2011 PAGE 11
Dr Burns said no, and it may not happen this year. He said he would continue to provide
updates to Council.
Scott Hickok, Community Development Director, said residents may attend the first of two
neighborhood meetings on East River Road. Tomorrow night the plan is to have one at Locke
Lake Road. If it is raining or too windy, it will be held in the lobby of City Hall at 6:00 p.m.
Look for signs. A staff inember will be in the area to direct people to the right area. The final
meeting will be held at Glencoe a week from tomorrow night.
Councilmember Bolkcom asked if people could go to one of the future meetings if they could
not attend tomorrow night.
Mr. Hickok answered yes. The meetings have been shifted one week because the August 16
meeting had to be cancelled because of severe weather.
Councilmember Bolkcom asked where people could go to give feedback if they could not
attend the meetings.
Mr. Hickok said people can comment on the County's website or email or phone the Anoka
County Highway Department or contact him directly at hickoks ,ci.fridle .v mn.us or by phone at
763-572-3592. All comments will be included as if you were at the meeting. Comments will be
used to create a plan for future development of East River Road. Eventually, an official plan will
be adopted for 2030 and the roadway will look nice and function a lot better.
Councilmember Varichak announced the last recycle event is on October 8. The event is from
9 a.m. to 1 p.m.
Councilmember Saefke said that papers can be shredded in Blaine at 9150 Central Avenue the
third Saturday of each month from 10 a.m. to 2 p.m.
William Burns, City Manager, said another newsletter will be coming out soon.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:30
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor