Loading...
5.2. SR 09-19-1994 I ~"'( ( II !Ii( River ITEM 5.2 MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: PAT KLAERS, CITY ADMINISTRATOR DATE: SEPTEMBER 15, 1994 SUBJECT: CONSIDER REQUEST TO CHANGE RESOLUTION 89-12 WHICH ADOPTED CERTAIN POLICIES REGARDING ENGINEERING SERVICES FOR DEVELOPMENT PROJECTS . The City has received a request from John Oliver and Associates to change our City policy on utility projects. Currently, on all projects, whether City financed or developer financed, the City requires the plans and specifications to be put together by the City Engineer. Also, the City Engineer is charged with inspecting the projects to ensure that they are installed correctly and that everything meets with the City's standards. In the late 1980's, the City experienced some problems where firms hired by developers to "engineer" their projects were cutting corners and not putting in projects to City standards. The City would inspect these projects and identifY problems, then changes would be required and increased costs would be incurred, and, consequently, more complaints would be brought before the Council. In order to eliminate duplication of services and to ensure that all projects met City standards, the City initiated a new policy in 1989 whereby all improvement projects, either privately or publicly financed, would have to be prepared by the City Engineer. All cities deal with developers and public improvements differently, but this policy of the City is not inconsistent with how other cities handle this situation. In fact, since this policy was adopted in Elk River, we have not experienced the same problems that we had in the late 1980's with projects being put in that did not meet City standards. Attached for your review are the minutes and resolution from 1989 when this policy was approved by the City Council. Also attached for your review is a request from John Oliver and Associates to change our City policy. The final attachment for your review is some information from the City Engineer regarding under what conditions would the changing of the City policy be . acceptable and still ensure that the project meets City standards. P.O. Box 490 · 13065 Orono Parkway. Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 . From my understanding, if a registered Engineer signs off on the plans and specifications, and, if the project is privately financed, and, if the developer understands that the City still is obligated to review and approve the plans and specifications and inspect the construction (which means City engineering expenses in addition to their private engineering expenses), then we have no problems with changing our City policy. The problems we had in the late 1980's related to plans and specifications that were not completed by registered engineers and to shortcuts in the designing of the project, and in shortcuts in the installation of the project all being done in an effort to cut development costs (and raise profits). The City's infrastructure cannot be developed in this manner as the City is the one that is obligated to maintain the system once it is installed. The City has not experienced any problems since the policy adopted in 1989 has been in place. However, we are willing to look at a change under certain conditions and believe that we can manage privately financed projects simply through the review and inspection processes, and that we don't have to do the plans and specifications as a City provided they are completed by a registered engIneer. . The Council should note that it is under no obligation to change our existing policy if everyone is comfortable with how things have been going and no changes are desired. On the other hand, if the Council does want to loosen up this City policy, staff has no problems with this provided that some requirements, as outlined in the City Engineer's memo, are attached to the loosening up of this policy. If the Council wants some policv chan~es. we would recommend that thev direct staff to prepare a resolution amendin~ Resolution 89-12. so\council\amnd8912 doc . City Council Minutes February 6, 1989 Page 5 . G City Engineer Policy for Urban Improvement Projects The City Engineer submitted a proposal to the Council which would require urban developers to use the City Engineer in lieu of their own engineer. He stated that several problems arise by allowing developers to use their own engineer, some of which are efficiency; coordination of projects; compliance to City and State laws; less City Staff involvement; overall scope; and interest conflict. COUNCILMKMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 89-12. A RESOLUTION ADOPTING CERTAIN POLICIES REGARDING ENGINEERING SERVICES. COUNCILMEMBER DOBEL SECONDED THE MOTION, THE MOTION CARRIED 4-0. 5.9. Central Business District Riverbank Tbe City En ineer indicated that he has contac ed a number of agencies to inquire abo t programs that help fund er sion control projects along river banks. e indicated that the only pro am that could possibly help fund an eros n control project is coor nated by the Sewer and Water Conservation D trict. He further indica ed that applications for this program are due April 1, 1989. 5.11 . "Dam" Bridge Update MOVED TO AUTHO OF RECEIVING MONEY SECONDED THE MOTI ZE THE CITY ENGINEER TO FOLLOW OR RIVERBANK EROSION SOLUTIONS. THE MOTION CARRIED 4-0. . 10) Terry Maurer. City En ineer, stat possibility of future a ilab1e fun over the Elk River at Wac be some MSA funding for his br" ge. Council that this bridge was neede . that he has been checking for the construction of stated that there would It was the consensus of into the a bridge possibly the City COUNCILMEMBER DOBEL MOVED TO COST OF CONSTRUCTING A BRID COUNCILMEMBER SCHULDT SECONDED CT THE CITY ENGINEER TO INVESTIGATE THE AT WACO STREET OVER THE ELK RIVER. MOTION. THE MOTION CARRIED 4-0. The City Engineer that the Sherburne County Historical Society has requ sted to ify the bridge at Main Street and Orono Road ould, therefore, like the bridge preserved. The City Eng neer stated at the bridge is in very poo~ condition and stated that it should be rebu t. He indicated he and Phil Ha1s, Street Superinten nt, would be doing ome investigation into this matter and would be ontacting the Histo ical Society with their findings. . 6.1. Call Special City Council Meeting The City Administrator indicated that due to the agenda being completed at this meeting. there was no need to call for a special Council meeting to finish this agenda. RESOLUTION 89- 12 . A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION ADOPTING CERTAIN POLICIES REGARDING ENGINEERING SERVICES WHEREAS, the City of Elk River (the City) has adopted subdivision regulations pursuant to Minnesota Statutes 462.358 setting forth subdivision regulations and design criteria for public improvements; and, WHEREAS, the City has adopted engineering standards to insure and protect the public investment in and use of streets, sanitary sewers, municipal water and storm sewer systems; and, WHEREAS, strict adherence to these standards in the design and construction of public services are necessary to protect the investment in the public interest and welfare of the City; and, WHEREAS, the City has experienced problems in uniform adherence to the design and construction of public improvements resulting in delays and unnecessary costs; and, . WHEREAS, the City deems it in the public interest that the design of final engineering plans and inspection of the. installation of public improvements be conducted by the City's designated City engineer. NOW, THEREFORE, BE IT RESOLVED that the City of Elk River does hereby adopt the policy that all engineering plans and construction services be performed by the City Engineer retained by contract or employment and that the costs associated with these services be charged to the developer or proponent of the improvements by project. Passed and adopted by the City Council of the City of Elk River this 6th day of February, 1989. ~4-~ James A. Tralle, Mayor ATTEST: $-~2) ~ ... Patrick D. Klaers, City Administrator e....1 Engineering .Land SU""'J'lng Land Planning lohn Oliver & Associates, Inc. S80/JodgeA....."", EIIr R/wr, MN SS330 (1HZ) 44J-Z07Z . Far. 44J-566S September l5, 1994 Honorable Mayor and Council City of Elk River l3065 Orono Parkway Elk River, Minnesota 55330 Re: Engineering Services Policy Dear Mayor and Members of the Council: We have had considerable discussion with City Staff and the City Engineer regarding the current City policy of Engineering design of utilities in private developments. The present Policy mandates that the City Engineer designs all Sanitary Sewer and Water facilities. We feel it is appropriate that this policy should be reviewed and modified. . We formally request the policy be modified so that a land owner or developer can privately engineer, construct, and finance the improvements for a development. We understand the City must maintain control of the design standards used for the utilities to standardize the systems and minimize the long term maintenance requirements. We would therefore suggest that the following procedures be followed: The City Engineer should review and approve the plans and specifications for compliance with City standards and standard engineering practice. The plans and specifications shall be signed by a Professional Engineer licensed in the State of Minnesota. . The Developers Engineer would be required to design and inspect the improvements and certify to the city that the facilities were constructed in accordance with the plans and specifications. The City or City Engineer would provide periodic inspections of the construction when appropriate and be present when all system acceptance tests are performed. The City Engineer would acknowledge that the project is acceptable based upon review of all normal acceptance tests and recommend to the City they accept the improvements. . . . Page 2 September l5, 1994 Honorable Mayor and Council The City Engineer would have authority to question the construction operations during installation and recommend modifications to the construction if conformance with City standards is not being made. The City Engineer would have authority to stop work if non-conformance persists. This authority should be a condition of the developers agreement. We believe the design Engineer must have control of the construction inspection to provide the necessary continuity from the design through construction. The best of designs can become failures if quality control is not maintained through construction. Our experience has shown that when the design Engineer does not have responsibility for the construction, the project results are of less overall quality. We believe our common goal should be the best quality system for the taxpayers of the City of Elk River at the most economical cost. Thank you for consideration of the suggested policy change. We feel the change is a positive step which will enhance the growth potential of the City of Elk River by offering some additional options to potential developers, not now available. We will be present at the Council meeting to answer any questions. Sincerely, John Oliver & Associates, ~9. L n P. Caswell, L.S. Pr sident SEP-16-94 FRI 10:10 MSA ST PAUL P.04 ~----------- .MS! li:~I'fTf~G Kl;;TNii;RS ClVI, ENGINfERING INVlP.ONMfMAI MUNIClIAI PlANNING . "'UOIII" .'.dflWYIN( ftA1FIC IfM.J:;?Cf.lA!/().'\ 1326 Enersy Pori. Drive St. Poul,l.'N 55108 611-644.4389 Fox: 612'644.9A46 .800 Shelord Poi\;woy Minneapolis, MN 55AAI 612,5<16-0431 Fox: 612,SA4.6398 September 16, 1994 File: 230-000-00 Mr. Pat Klaers City Administrator City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: PRIVATE IMPROVEMENT PROJECT ENGINEERING SERVICES Dear Mr. Klaers: I understand that John Oliver and Associates has requested that the policy requiring all public and private utility improvement projects be designed by City staff be open for discussion. As you are aware, this policy was established by resolution of the City Council in February 1989. The policy was in response to numerous problems on private development projects with engineering services provided by others. Some of the typical problems the City encountered included plans not certified by a professional registered engineer, no specifications provided, major components of the projects omitted during construction or constructed incorrectly, and projects proceeding without the appropriate permits from the regulatory agencies. Since the City Council adopted the current policy in 1989, there have been no reoccurrences of these types of problems. Essentially the policy has served the City very well. However, there has been one major change in that John Oliver and Associates now has an engineering department This gives them the personnel and expertise to provide the engineering function in a professional manner. If the City Council wants to consider a change in this policy to allow privately financed improvement projects to have engineering services provided by the engineer of the developer's choice, I would recommend that it be conditioned upon the following items: 1. Private engineering services could only be provided on privately financed improvement projects. Improvement projects which are publicly financed would follow 429 assessment law and would by definition have services provided by City staff. 2. All private engineering projects have a complete set of detailed plans and specifications certified by a registered professional engineer in the State of Minnesota. . . . s::a"d Honorable Mayor and City Council September 16, 1994 Page Two 3. City staff would still provide a detailed review and approval of the project plans and specifications and provide construction inspection services. The developers need to understand that there will be City expenses and time involved in the review of the plans and specifications. 4. The developer would be responsible for applying for and receiving all necessary pennits from the regulatory agencies. Proof of receipt of these permits would need to be provided to the City prior to initiating any construction. S. City staff would prepare a detailed listing of materials to be supplied on these improvement projects and a listing of minimal design standards that are to be followed on all projects. The project plans and specifications would then be reviewed by City staff using these design standards and material listing as the basis for review. I believe a change in policy with these recommended guidelines would certainly allow John Oliver and Associates and several other firms to begin to do engineering work in the City of Elk River. With the growth of City staff and the evolution of the public improvement process within the City, I believe we are better equipped than we were several years ago to review plans and specifications prepared by others and to ensure a quality product that meets all the City's standards and expectations. Please let me know how you would like to proceed with this issue. I am prepared to immediately begin work on a listing of City standards to be used by private consulting firms in the preparation of plans and specifications for work within the City of Elk River. Sincerely, MSA, CONSULTING ENGINEERS c~ ~ure~ TJM:tw OOG-1604...p 'n~d ~s ~sw ~~:a~ I~~ ~6-9~-d3S