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. . . ARDEN HILLS CITY COUNCIL - MAY 8, 2006 6 enhance the City's case if they added the representation of an attorney who specialized in construction law. She indicated they had received references from the arbitrator, metro building officials, and expert witnesses. She was recommending attorney Jeffrey W. Coleman be retained to assist Mr. Filla with this matter. She noted the services were more expensive than what they typically pay for legal representation. However, she believed this was a case where Mr. Coleman's specialized expertise would greatly increase the chances for a successful arbitration. In addition, staff would work with Mr. Filla to keep legal expenses as low as possible and reasonable, looking for alternatives for accomplishing tasks wherever possible. She stated they would also make every attempt to recoup any expenses possible via the arbitration process. She recommended Council authorize retaining Jeffrey W. Coleman for legal services related to the City Hall arbitration case, at a rate of $250 per hour, not to exceed $50,000. She stated Mr. Coleman was present at this meeting to answer any questions. Jeffrey W. Coleman introduced himself and summarized his qualifications for the Council. He stated he appreciated the opportunity to assist Arden Hills in this arbitration. MOTION: Councilmember Grant moved and Councilmember Pellegrin seconded a motion to approve Jeffrey W. Coleman for legal services related to the City Hall Arbitration Case in an amount not to exceed $50,000. The motion carried unanimously (4-0). F. Motion to Auurove a Variance Extension for Planninl! Case 03-19: Carolvn and Carl Mohn Mr. Lehnhoff stated Carolyn Mohn, applicant, had requested the Council consider an additional six month extension to a variance that was approved on August 25,2003. He stated on August 25, 2003, the City Council approved a variance to allow a 9-foot encroachment on the shoreline setback at 3459 Siems Court. The approval was subject to two conditions. The first condition required the applicant to obtain all necessary building permits from the Building Official prior to the issuance of a building permit. The second condition required approval from the Millllesota Department of Natural Resources (DNR). The DNR did review the application and did not have any objections to the proposed plan. He indicated typically, a variance expired one year from the date of approval if the applicant did not file for a building permit within that period of time. Due to health related issues, Ms. Mohn requested a one year extension for the variance in August 2004. The City Council approved a one-year extension to the variance on September 13, 2004, which expired in September, 2005.