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5.5. SR 10-17-1994 I ~~( ( II ~l}( River ITEM 5.5. MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: PAT KLAERS, CITY ADMINISTRATOR DATE: OCTOBER 14, 1994 SUBJECT: CONSIDER REQUEST TO CHANGE RESOLUTION 89-12 This agenda item was continued to this meeting from the September 19, 1994, meeting. The minutes from this 9/19/94 meeting are attached for your reference. The issue before the City Council is a request to change the City engineering policy as outlined in Resolution 89-12. This request is outlined in the attached 9115/94 letter from Lyn Caswell, President of John Oliver and Associates, Inc. . The City engineering policy that is requested to be changed is clearly stated in the last paragraph of Resolution 89-12. This Resolution is attached for your reference along with the minutes from the 2/6/89 City Council meeting when this Resolution was adopted. The policy states 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...". Generally speaking, anything constructed within the City's sewer and water district is designed and inspected by the City Engineer. Projects/developers that are in the rural area of the City, and which are privately financed, can have their own engineer design and engineer the project, subject to City review and inspection. . When this request was presented on 9/19/94, staff indicated that it is important for the City to still review and inspect all projects. However, I also stated that it is not unreasonable to allow a slight change in the policy whereby developers or landowners can have their own engineer do the plans and specifications for projects, but this is only for projects that are privately financed. I thought that this deviation in the City policy was acceptable in order to be "developer friendly", but only under certain conditions. These conditions were reviewed with the Council on 9119 and are included in the attached Resolution 94-_ P.O. Box 490 . 13065 Orono Parkway. Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 . Upon further review of this request over the last month, I am having second thoughts regarding any change in City policy. Resolution 89-12 was approved for a reason and the intent of this Resolution was to provide the City with better control of projects. Our goal has been accomplished with the City Engineer providing better review, inspection and financial/construction management of developer initiated public improvements. Even with Resolution 89-12 in effect, the City still has problems with developers grading before permits are obtained, roads being cut into or even constructed without appropriate permits being obtained or inspections taking place, and, in general, construction starting without the City Engineer completing its review of plans and specifications. Overall, the City still has problems in the scheduling of public improvements with developers moving ahead before appropriate permits and regulations have been met. By loosening up our City policy, we may be taking a step in the wrong direction and, in fact, we may be encouraging the City to lose even more control or management over privately financed sewer and water projects. Currently, other developing cities such as the city of Eagan are taking steps to move toward the policy that is in place in Elk River. The Council is under no obligation to change our existing policy if they feel that it is working well and accomplishing City goals. . There has been lots of discussion in the past month or so about a staff City Engineer position and department. I think that most of the Council senses that there is a benefit to the City in having a City Engineer staff person in- house to manage all of the necessary aspects of improvement projects. However, everyone is also aware that there is some expense to the City for this staff City Engineer position. It is assumed that this position and/or department will be created at some time, but it is not known if the time is now in the 1995 budget with the City having a population of 12,500, or if it will happen in the 1996 or 1997 budget. Nonetheless, I think most people believe that this position will happen sometime soon. The Council may want to consider not making any change in our existing policy as outlined in Resolution 89-12 that could cause us to have less control in managing public improvements until this policy is looked at in a larger context of all City engineering issues. New policies are adopted throughout the year and policy changes happen as initiated by the Council, but we don't want to be changing policies too often. In this regard, maybe Resolution 89- 12 should remain in place for at least a few more years. . In conclusion, if the City Council wants to change our City engineering policy, please see the draft Resolution submitted for your review. The only change in our current policy that is permitted by this new Resolution is that plans and specifications on privately financed projects can be completed by . the developers own engineer. This is only part of the request as outlined in the 9/15 letter. However, the City Council may want to consider not making any changes in our City policy at this time and the City Council can look at this policy again in the future if it desires, along with other City engineering issues. . . City Council Minutes September 19, 1994 Page 3 ..------.---...-------------.-..--.. . 5.2. Consider reauest to chanae Resolution 89-12 which adooted certain oolicies reaardina enalneerina services tor develooment oroiects The City Administrator indicated that the City has received a request to change its policy regarding engineering services for development projects. He explained that the current policy requires the City Engineer to provide the engineering service far all public improvement projects in the City of Elk River. Terry Maurer, City Engineer, indicated that the firm of John Oliver and Associates is requesting the City to change its policy to ailow a landowner or developer to hire their own engineer to design, inspect. and bid the improvements for a development. Terry Maurer stated that if the Council considers this type of change, private engineering services should be provided only on privately financed improvement projects. He further suggested that the project plans and specifications should be reviewed by the City Engineer for all projects and the City should inspect the installation of the improvements. Lynn Caswell from John Oliver's Office stated that developers would like the flexibility of choosing their own engineer. . Councilmember Scheel stated that she liked the idea of a developer being able to choose their own engineering service. Mayor Duitsman stated that he would still want the City to inspect the projects. Council member Farber questioned whether a change in the policy would slow down the process and whether the City would be stuck with more expenses. Councilmember Holmgren indicated that this is a significant change to a policy that has been working well. He indicated that he would like more time to review the request and existing policy prior to making a decision. COUNCILMEMBER SCHEEL MOVED TO CONTINUE THIS ITEM TO THE OCTOBER 17, 1994, CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Uodate on street oroiects: 221st Avenue: Concord Street: Edison Street: Gates Avenuef3rd Street Intersection 221st Avenue Steve Rohlf, Building and Zoning Administrator, updated the Council on the 221 st Avenue road alignment project. He indicated that the project is anticipated to be complete this year if the wetland process is not appealed. Concord street City Engineer, Terry Maurer, indicated that the City has received 6 out of 15 easements for the Concord Street improvement project. He indicated that all easements are necessary prior to beginning the project. . Councilmember Dietz requested the City Engineer to contact all of the property owners along Concord Street to see where each owner stands on the issue. He requested the City Engineer to report back to the Council with this information. . Civil Engineering Land SUn'eylng Land Planning John Oliver & Associates, Inc. 580 Dodge .benue, Elk RI..er, MN 55330 (612) 441-2072 . Fax: 441-5665 September 15, 1994 Honorable Mayor and Council City of Elk River 13065 Orono Parkway Elk River, Minnesota 55330 Re: Engineering Services Policy Dear Mayor and Members of the Council: We have had considerable discussion with Ci~y 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 constructian when appropriate and be present when all system acceptance tests are performed. The City Engineer wauld 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 15, 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 contral 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 af the City of Elk River by offering some additional options ta 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 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 toe design and consttuction 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 tQq~_al1 enqineering plans and. c .o!1..s t r u c t i on s e rvices-bE~RerfoJllli;d by the C-:ltS~_g.iruo.>! r reta~nea by contract or pmpLoynent and that the costs assoc-tated w_i.th..1:hese-se-rvi-c-es- Be "'''Arg<>d 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: ~JZ>~ 4Ifatrick D. Klaers, City Administrator '...- , ?age 5 City Council Mi~u~es February 6. 1989 . G City Engineer Policy for Urban Improvement Proiects 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 engineert Some of which are efficiency; coordina~ion of projects; cocpliance to City and State laws; less City Staff involvecent; overall scope; and interest conflict. COUNCILMtMllER KROPUENSKE MOVED TO ADOPT RESOLUTION 89-12. A RESOLUTION ADOPTING CERTAIN POLICIES REGARDING ENGINEERING SERVICES. COUNCILMEMBER DOBEL SECONDED TIlE MOTION. THE MOTION CARRIED 4-0. 5.9. Central Business District Riverbank , The 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 I, 1989. 5.11."Dam" Bridge Update COUNCILMEMBER KRO UENSKE MOVED TO AUTHO UP ON THE POSSIBILI OF RECEIVING MONEY COUNCILMEMBER SCHULD SECONDED TIlE MOTI ZE THE CITY' ENGINEER TO FOLLOW OR RIVERllANK EROSION SOLUTIONS. THE MOTION CARRIED 4-0. ...< . 10) Terry Maurer~ that he has been checking into the for the construction of a bridge stated that there would possibly It was the consensus of the City over" COUNCILMEMBER DOBEL MOVED TO COST OF CONSTRUCTING A BRID COUNCILMEMBER SCHULDT SECONDED CT TIlE CITY ENGINEER TO INVESTIGATE THE AT WACO STREET OVER TIlE ELK RIVER. MOTION. TIlE MOTION CARRIED 4-0. . The City Engineer that the Sherburne County P~storical Society has requ sted to 'ify the bridge at Main Street and Orono Road ould, therefore, like the bridge preserved. The City Eng Deer stated hat the bridge is in very poo~ condition and stated that it should be rebu' t. He indicated he and Phil Hals, Street Superinten nt. would be doing ome investigation into this matter and would be ontacting the Histo.ical Society with their findings. 6.1. Cell Special City Council Meeting Tne City Administrator indicated that due to the agenda being completed at this ~eeti~g, there was no need to call for a special Council ~eeting to finish this agenda. . RESOLUTION 94-_ 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 ensure 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 ofthe City; and, . WHEREAS, the City deems it in the public interest that the review of the final engineering plans and specifications and inspection of the installation of public improvements be conducted by the City's designated City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: 1. Resolution 89-12 adopted February 6, 1989, is hereby rescinded. 2. Plans and specifications for privately financed public improvement projects may be prepared and certified by a Registered Professional Engineer in the State of Minnesota other than the City's designated City Engineer. 3. All publicly financed improvement project plans and specifications shall be prepared by the designated City Engineer. 4. Plans and specifications prepared by other than the designated City Engineer must be reviewed and approved by the City Engineer prior to initiating construction of the improvements. 5. All construction of public improvements shall be inspected and approved by the City Engineer or his agent prior to acceptance by the City. . 6. Preparation of plans and specifications and inspection of construction shall be in accordance to the City Standards and all applicable State and Federal regulations. . 7. The developer would be responsible for applying for and receiving all necessary permits from the regulatory agencies. Proof of receipt of these permits would need to be provided to the City prior to initiating any construction. NOW, THEREFORE, BE IT FURTHER RESOLVED, that engineering plans, review, inspection, and construction services performed by the City Engineer for the benefit of a development project, be charged the costs associated with those services. Passed and adopted by the City Council of the City of Elk River this 17th day of October, 1994. Henry A. Duitsman, Mayor . ATTEST: Sandra A. Thackeray, City Clerk .