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Home My WebLink AboutCCP 05-08-2006 ~ ~~HILLS Arden Hills City Council Mayor: Beverly Aplikowski Councilmembers: David Grant Brenda Holden Gregg Larson Vincent Pellegrin 1245 W. Highway 96 Arden Hills, Minnesota 55112 651.634.5120 www.ci.arden-hills.mn.us REGULAR MEETING Monday Ma 8, 2006 City Vision A strong community that values our unique environment, OUf fiscal soundness, and our tradition as a desirable city in which to live, \vork, and la . Agenda City Council Meeting Convenes 7:00 PM Call to Order PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES A. April 24, 2006 City Council Meeting B. April] 7,2006 Work Session Meeting 3. CONSENT CALENDAR A. Claims and Payroll B. Motion to Approve the Purchase of a Generator for Lake Johanna Fire Department Engine Number-l 4. PULLED CONSENT ITEMS 5. PUBLIC INQUlRIESIINFORMATIONAL . Celebrating Arden Hills Update- Michelle Olson 6. PUBLIC HEARINGS Those items listed under the Consent Calendar are considered to be routine by tbe City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Council Member so requests, in which event, the item wjll be removed from the general order of business and considered separately in its normal sequence on the agenda. Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. Public Inquiries/Informational is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing [0 address the Council, we ask thai individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. 7. NEW BUSINESS A. Update on the North Suburban Cable Commission and North Suburban Access Corporation B. Motion to Accept the Warming House Inventory and Recommended Improvement Report C. Motion to Approve the Revised URS Contract D Motion to Approve the Indykiewicz Property Loan Repayment Proposal E. Motion to Approve Additional Legal Services for the City Hall Arbitration Case F. Motion to Approve a Variance Extension for Planning Case 03-19: Carolyn and Carl Mohn 8. UNFINISHED BUSINESS A. TCAAP Update 9. COUNCIL REQUESTS ADJOURN Arden Hills City Council Agenda May 8, 2006 Page 2 Coralie Wilson, Director North Suburban Cable Commission Tom Moore/Michelle Olsoll Kris Giga Murtuza Siddqui Michelle Wolfe/Dave Schabel James Lehnhoff Karen Barton Closed Session-Following the City Council Meeting . Status Discussion w/City Attorney Regarding Rochon Corporation Arbitration Case-Pursuant to MS 13D.05 SUBD 3.b . TCAAP Land Sale Negotiations - Pursuant to MS ] 3D.05 SUBD 3.c3 . City Attorney Review of Klumpp Court Case Decision Work Session-Following the Closed Session . City Council Retreat Follow~up . . Message Page 1 of 1 Jackie Freppert From: Jackie Freppert Friday, May 05, 2006 8:35 AM timesaver02@aol.com; bob. fletcher@co.ramsey.mn.us; bulletin@lillienews.com; cwilson@ctv15.org; dprobst@mspmac.org; eg urnon@pioneerpress.com; focus@mnsun.com; kgprophet@aol.com; kmaltman@msn.com; mlsmith@startribune.com; smccann@startribune.com; sschroeder@smithmicrotech.com Subject: CC Agenda for 5/8/06 Sent: To: Jackie Freppert, Officc Support Specialist City of Arden Hills Phone 651.634.5120 Fax 651.634.5137 www.ci.ardcn-hills.mn.us 5/5/2006 . . . ~ ~~ILLS Approved: CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING APRIL 24, 2006; 7:00 P.M. ARDEN HILLS CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL TO ORDER/ROLL CALL Pursuant to due call and notice thercof, Mayor Beverly Aplikowski called to order the regular City Council meeting at 7:03 p.m. Present: Mayor Beverly Aplikowski, Councilmcmbers David Grant (arrived at 7:14 p.m.), Gregg Larson, Brenda Holden, and Vincent Pcllegrin. Absent: None. Also prcsent were City Administrator, Michelle Wolfc; City Attorney, Jerry Filla; Director of Operations & Maintenance, Thomas Moore; Chief Financial Officer/Treasurer, Murtuza Siddiqui; Community Development Director, Karen Barton; City Engineer, Kris Giga; City Planner, James Lehnhoff; and Recording Secretary, Kathleen Altman. 1. APPROV AL OF MEETING AGENDA Mayor Aplikowski requested itcm B be pulled from thc Consent Calendar and added as item 4. MOTION: Councilmember Larson moved and Councilmember Pellegrin seconded a motion to approve the meeting agcnda as amended. The motion carried unanimously (5-0). 2. APPROVAL OF MINUTES A. April 10, 2006 City Council Meeting Councilmember Holden rcquested the following changes: Page 8, fourth paragraph, add "Councilmember Grant inquired if the financial resources would involve a tax increase, and Mr. Henry replied No." Mayor Aplikowski rcquested stafflook at the tape to confirm this. ARDEN HILLS CITY COUNCIL -APRIL 24, 2006 2 Councilmembcr Larson statcd hc was not comfortablc amcnding Councilmember Grant's . statcmcnt whcn he was not present at the meeting. Councilmcmber Holden requested they table the approval of the minutcs until Councilmember Grant was in attendance. 3. CONSENT CALENDAR a. Claims and Payroll b. Motien-to Approve Summer Hours for City Staff c. Motion to Amend and Restate the Joint Cooperation Agreemcnt with the Ramsey County Housing and Rcdcvelopment Authority d. Resolution 06-30: Consolidation of Capital Funds e. Motion to Approve the PTRC Vision Statement f. Motion to Approvc Special Assessmcnts for Nuisance Abatemcnt MOTION: Councilmember Larson moved and Councilmember Pellegrin seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 4. PULLED CONSENT ITEMS b. Motion to approve Summer Hours for City Staff . Mayor Aplikowski corrected the staff s report by noting under the maintenance facility staff hours on Friday would be from 6:30 a.m. to 10:30 a.m. MOTION: Councilmember Pcllegrin moved and Councilmember Larson seconded a motion to approve the Summer Hours for City Staff as amended. The motion carried unanimously (4-0). Councilmember Grant arrived at 7:14 p.m. 5. PUBLIC INQUIRIES/INFORMATIONAL Paul and Heather Paradise, 1366 Indian Oaks Trail, stated they had an issue regarding flooding in their home. He stated they had contacted Mr. Moore and Ms. Giga had come to their home to look at their drainage problem. He noted he had also left messages on various Councilmembers' voiccmails. He stated he wanted this fix cd and this was a big issue for them. He indicated he has bcen waiting for three months with no response. Ms. Giga stated therc was a concern with the Indian Oaks pond and they plmmed on addressing this at the same time they addressed the cntire pond. . . . . ARDEN HILLS CITY COUNCIL -APRIL 24, 2006 3 Mr. Paradise stated he was under the impression he would receive a response in two weeks and now it has been a month. Mr. Moore stated staff has been working on the Indian Oaks Court pond for two years and the pond issues have now been resolved, but this was an entirely different issue. Mayor Aplikowski asked if they had looked at this issue. Ms. Giga stated she had been out to this property and she would give them a call this week to discuss this issue. 6. PUBLIC HEARINGS None. 7. NEW BUSINESS A. Award Bids for the Hil!hwav 96 Landscapinl! Improvement Proiect Ms. Giga statcd bids were received and opened for the CSAH 96 Landscape and Irrigation Improvements on April 13, 2006. Bids were received from four (4) contractors with Margolis Company having the lowest bid of$176,732.50. She indicated the low bid was approximately $92,000 lower than the Engineer's Estimate. The plant prices were significantly lower than estimated, resulting in the majority of the savings. Engineeling costs for the project are estimated at $34,385, resulting in a total project cost of $211,117.50. Ramsey County's portion of the costs is estimated at $71,052 for construction costs and a proportional amount of engineering costs, estimated at $17,052, totaling $88, I 04. She recommended Council award the contract for CSAH 96 Landscape and Irrigation Improvcmcnts to the low bidder, Margolis Company in tbe amount of $176,732.50. Councilmember Larson asked if they were familiar with Margolis Company and has the City done any work with them in the past. Ms. Giga stated it was her understanding they had done previous work in the City. Mr. Moore stated Margolis Company had an outstanding reputation in the City and they where the company that redid the landscaping at City Hall. Councilmember Holden stated she would be voting against this not because she did not want the City to look bcautiful, but because she believed they had other priorities and this would take a lot of staff time and expense to maintain the plants. Councilmember Grant stated he would also be voting against this for the same reasons as Councilmember Holden. He stated he would have preferred trees only and not the plants and he agreed there were other priorities that were more important. ARDEN HILLS CITY COUNCIL -APRIL 24,2006 4 MOTION: Councilmember Larson moved and Councilmember Pellegrin seconded a . motion to award the contract for CSAH 96 Landscape and Irrigation Improvements to Margolis Company in the amount of $176,732.50. The motion carried (3-2 Councilmembers Grant and Holdcn opposed). B. Motion to Approve the Utili tv Hook-np Fees Mr. Moore stated staff was directed by the City Council to review thc City's current utility hook-up fee structurc. Staff conducted a utility fee hook-up survey of eight area municipalities. A review of the current City of Arden Hills' utility hook-up fee costs was than undertaken, and a cost comparison analysis was completed by staff. He stated staff was recommending Council approve the proposed 2006 Utility Hook-up Fees and authorize staff to implement said fees. MOTION: Councilmember Grant moved and Councilmember Larson secondcd a motion to approve the proposed 2006 Utility Hook-up fees and authorize staff to implement said fees. The motion carried wlanimously (5-0). C. Resolution 06-31 and 06-32: Approvin2 the Grant Application on Behalf of Chesapeake Companies for Brownfield Remediation at 1901 Gatewav Boulevard Ms. Barton stated in 2001 Chesapeake Companies received approval for a Master Planned Unit Development at 1901 Gateway Boulevard. Since that time, Chcsapeake has had to request several extensions of the PUD due to difficulty in finding an interested buyer or major tenant for the site. In an effort to avoid having to request another extension, Chesapeake has opted to demo the site and build a spec building based on concept plans approved in the Master PUD. . In preparation for demolition, Chesapeake became aware of soil contamination in the form of fly- ash directly beneath the former A TS building. Upon further investigation, it was determined that the cost to remediate the site would be approximately $1,500,000.00. In March of this year, Chesapeake also became aware of a number of grant opportunities through the State and the County to help offset the eost of this clean-up. However, the grant applications are required to be submitted by either a city, county, HRA, EDA, or Port Authority. Therefore, Chesapeake approached the City to request the City apply for these grants on their behalf. She recommended Council approve Resolutions 06-31 and 06-32 authorizing the application for contamination clean-up grants from the Minnesota Department of Employment and Economic Development (DEED), Ramsey County, and the Metropolitan Council on behalf of Chesapeake Companies for Brownfield remediation at the former A TS site, 1901 Gateway Boulevard, subject to the following conditions: I. Execution of a secured reimbursement agreement between the City and Chesapeake Companies, in a form approved by the City Attorney. . . . . ARDEN HILLS CITY COUNCIL -APRIL 24, 2006 5 2. Execution of a performance agreement between the City and Chesapeake Companies, in a form approved by the City Attorney; and 3. Chesapeake Companies must apply for a Final Plan approval prior to any grant- related remediation work being started on the site. She noted the grant applications were due by May I. Councilmember Holden asked what the time frame was for the City to be reimbursed for the match. City Attorney Filla responded the City would not be using City funds for this project and the developer would fund this. Councilmember Larson asked where the contamination came from. Diane Fredeen, Chesapeake Companies, stated they were not positive where the contamination came from and they did not know about the contamination until they tested the soil under the building, which tcsting was required by the MN Pollution Control Agency. She stated they needed to remove the contamination from the site. She indicated this was not a high contamination, but it did need to be removed and brought to a landfill. Councilmember Grant asked if they were going with the three building approach. Ms. Fredeen replied they were proposing to build two buildings and not three, which she believed was one of the original proposals. She noted to begin with they would be building one building and adding the common area when the second building was built. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve Resolutions 06-31 and 06-32 Authorizing the Application for Contamination Clean-up Grants from the Minnesota Department of Employment and Economic Development (DEED), Ramsey County, and the Metropolitan Council on behalf of Chesapeake Companies for Brownfield remediation at the former ATS site, 1901 Gateway Boulevard, subject to the three conditions as noted in staffs April 20, 2006. Thc motion carried unanimously (5-0). D. PLANNING CASE 06-009: Motion to Approve a Variance Request; Vaul!hn Morin, 1889 Grant Road Mr. Lehnhoff stated the applicant proposes to construct a 1,224 square foot 34'x36' accessory structure (garage) at 1889 Grant Road. Although the proposed garage would replace an existing 484 square foot 22'x22' structure, a portion of the foundation of the existing structure would be retained for the new structure. In the R-2 Zone, properties are allowed up to 1,456 square feet of accessory structure space; however, the Ordinance requires the 1,456 square feet to be divided into no morc than two structures that do not exceed 728 square feet each. According to the applicant, there was an attempt to formulate a design to attach the proposed garage to the existing dwelling. However, a design that attached the garage to the dwelling would have required a variance to encroach on the front line setback, a variance to encroach on ARDEN HILLS CITY COUNCIL -APRIL 24, 2006 6 the sidc setback, or significant changes to the existing structure on the lot. If it were possible to . attach the proposed garage to the dwelling and meet all setbacks, the 728 square foot limit for an accessory structure would not apply. He indicated the Planning Commission reviewcd Planning Case No. 06-009 and unanimously recommended approval of the variance to construct an accessory structure that exceeds the 728 squarc foot accessory structure limit in the R - 2 Zone. He recommended Council approve the variance subject to the four conditions noted in staff's April 17, 2006 rcport. Councilmember Holden asked if this prohibited him from another accessory structurc. Mr, Lehnhoff rcsponded they would be allowed an additional 200 square foot of accessory structure space. MOTION: Councilmember Larson moved and Councilmember Pellegrin scconded a motion to approve the Valiance request for Planning Case No. 06-009 at 1889 Grant Road to exceed thc 728 square foot limit for an accessory structure in the R-2 Zonc based on the submitted plans, the eight findings of fact, and the four conditions presented in the report to the City Council dated April 17,2006. The motion carried unanimously (5-0). E. Planning Case No. 06-010: Motion to Aoorove a Master Plan Amendment and Site Plan Review; Guidant Corooration, 4100 North Hamline Avenne . Mr. Lehnhoff stated the applicant is requesting a Master Plan PUD (6th) Amendment and Site Plan Review to complete the following projects: Construct a new 157 stall parking lot on the south side of Guidant Drive South; Remove a portion of thc median on Guidant Drive South and replace the parallel parking spaces with 90 degree parking spaces on the south side of the road, which will increase the total number of parking spaces on Guidant Drive South from 88 to 99. Thc north sidc of the road would no longer have parking; remove 68 parking spaces from the eastern side of the Arden Woods office building parking lot (updated since the Planning Commission meeting); remove the acccss to Lexington Avenue from the Arden Woods office building; and construct a landscaped belm along Lexington Avenue in place of the removed parking spaces and access to Lexington A venue. The Arden Woods office building, which was purchased by a subsidiary of Guidant Corporation, is not part of the Master Plan document prepared by Guidant in 2002. However, Guidant has indicated that the property will likely be incorporated into the Campus Master Plan. For the purposes of this application it is assumed that the Arden Woods property will become part of the overall Guidant Campus; however, the requests in this application do not preclude Arden Woods from acting as a separate conforming property in the future if necessary. . ARDEN HILLS CITY COUNCIL ~APRIL 24, 2006 7 . He indicated the Plamling Commission reviewed Planning Case No. 06-010 at their April 5, 2006 meeting and recommends approval (4-1) of the Planned Unit Development Master Plan (6th) Amendment and Site Plan Review. He recommended Council approve the Master Plan Amendment and Site Plan Review subject to the conditions as noted in staffs April 17, 2006 report. Councilmember Grant stated he believed taking the access off of Lexington Avenue was a good thing and reducing the number of stalls helped mitigate the traffic pattern and he was in favor of this planning case. Councilmember Holden stated County Road F was a very busy intersection with no left turn signals and this was a concern for her. She inquired about Guidant occupation of thc building. Dan Riehle, Guidant Corporation/Boston Scientific Company, respondcd as leases expired, they would be occupying more of the building space. He believes this would increase the safety or the intersection, but he agreed it would put more traffic on County Road F. He noted, however, there would be a limit of 250 people in the building, so the additional vehicles on County Road F would not be substantial. Councilmember Larson asked why they were putting in a new lot instead of expanding the cxisting lot. Mr. Riehle replied this was primarily due to the contours of the land. He noted this was a temporary lot, which would be used for approximately three years. He stated by putting in . this new lot, it would minimize the amount of dirt they would need to bring in. Mayor Aplikowski expressed concern about what happened with the traffic going west on County Road F. Mr. Riehle stated there were some long-term plans to make changes to the County Road F and Hamline intersection, but this would be up to MnDOT to make those changes. Councilmember Grant noted the amount of traffic being added to County Road F would not be substantial even whcn the building was one hundred percent occupied. Mayor Aplikowski stated her concern was adding to the conflict on Hamline Avenue and the inconvenience of taking away the exit onto Lexington Avenue. Councilmember Holden agreed with Mayor Aplikowski's comments. MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve the Master Plan PUD 6Lh Amendment and Site Plan Review for Planning Case No. 06-010 at 4100 N. Hamline Avenue and 4105 N. Hamline Avenue to modify parking and driveway access based on the submitted plans and the findings of fact with the thirteen conditions presented in the report to the City Council dated April 17, 2006. The motion carried unanimously (5-0). . ARDEN HILLS CITY COUNCIL -APRIL 24, 2006 8 F. Motion to Approve Ordinance No. 376 - Front Porch Zoninl! Ordinance Amendment . Mr. Lehnhoff stated in May, 2005, the City Council adopted an amcndment to the Zoning Ordinance that allowed covered front porches to encroach into the front setback under certain conditions without a variance. One of the conditions for approval was that the covered front porch could not be any closer than 30 feet to the front lot line. Howevcr, in certain parts of the City (e.g. Chatham neighborhood), many of the homes werc built 30 feet or less from the front lot line, which precludes many of the dwellings from constructing a front porch undcr the current front porch cncroachment ordinance. Although the 2005 amendment did increasc flexibility for many or the dwellings in the City, entire neighborhoods werc still unable to construct a front porch. In September 2005, the Planning Commission reviewcd a Zoning Ordinance amendment proposal to allow the construction of a front porch for homes that were closer than 40 feet to the front lot line in the Chatham subdivision. Based on a review of the minutes from that meeting, the Planning Commission was concerned with the proposal because it singled out a specific neighborhood and may not have resolved the issue for most of the dwellings in Arden Hills. At that time, staff was requested to revise the proposed amendment with the intent of resolving the issue for as many dwellings as practical in the City instead of an ordinance for a specific neighborhood. He noted he has not had any comments from residents who were not in support of this proposal. Councilmember Graut commended staff and the Planning Commission for their work on this Ordinance. He noted one of the driving forces behind this was the Chatham neighborhood and he lived on Chatham and if this did not require a 4!5ths vote, he would abstain from the vote, but he would be voting in favor of this. Mayor ApIikowski stated this ordinance affected the entire City and not just the Chatham neighborhood and she believed Councilmember Grant should not abstain from the vote. . MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approvc Ordinance No. 376 to amend Section 6.C.2.d. of the Zoning Ordinance regarding covered front porch setbacks as proposed by Staff and recommcnded by the Planning Commission and to publish a summary of thc Ordinance in the official City newspaper. The motion carried unanimously (5-0). 2. APPROVAL OF MINUTES (CONTINUED) Mayor ApIikowski explained to Councilmember Grant the insertion Councilmember Holden had requested. Councilmember Grant stated he wanted this wording to read: Councilmember Grant inquired about the financial funding resources clause in the vision and if the PIRC was asking for tax . . . . ARDEN HILLS CITY COUNCIL -APRIL 24, 2006 9 increases. Mr. Henry responded that items would not be funded via taxes but rather grants that were presented to Council at their work session. Mayor Aplikowski requested stafflook through thc meeting tape regarding this comment. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve the amendment to the April lO, 2006 City Council Meeting Minutes. Thc motion carried unanimously (5-0). MOTION: Councilmember Holden moved and Councilmember Pellegrin seconded a motion to approve the April 10, 2006 City Council Meeting Minutes as amended. The motion carried unanimously (5-0). 8. UNFINISHED BUSINESS A. Motion to Approve the Blue CrosslBIue Shield Grant Application Ms. Barton stated on February 27,2006 Bluc Cross Blue Shield (BCBS) issued a request for proposals for a grant opportunity to encourage municipalities to incorporate Active Living Principles into their Comprchensive Plan Updates. Staff became aware of this opportunity on February 28th and Council authorized staff to proceed in preparing the application at their meeting in March. She rccommended Council authorize staff to submit the Blue Cross Blue Shield Active Community Grant Application requesting funding and assistance to incorporate Activc Living Principles into the City's Comprehensivc Plan Updatc for 2008. Staff was also requesting the Mayor and Council sign a letter of commitment to be submitted with the grant application. Mayor Aplikowski stated she could see the City adding Active Living Principles to TCAAP, but she did not see how they could make these changes to the existing part of the City. She expressed concern that they would not be able to meet their obligations within a year. Councilmember Larson stated this would allow them to develop a plan for additional resources to promote active living in the City. Couneilmember Holden inquired about the matching funds. Ms. Barton responded the matching funds would pay for utilities, phone lines, staff time, etc. Councilmember Grant stated he believed this fit in line with what the City wanted with respect to being an active community with trails and connections and he believed they could make this a pati of their current community, as well as the TCAAP area. He stated it made good sense to apply for this. Councilmember Aplikowski stated she did not believe a privately owned company had the right to tell a City what they should do and she was not in favor of signing a letter of commitment. ARDEN HILLS CITY COUNCIL -APRIL 24, 2006 10 Conncilmember Holden asked if the PTRC had agreed to this grant application. Ms, Barton . responded they had. MOTION: Councilmcmber Larson movcd and Councilmembcr Grant scconded a motion to approve submission of a grant application to Bluc Cross Bluc Shield for Activc Community Planning in association with the City's Comprehensive Plan Update. Mayor Aplikowski asked if this could be submitted as a Resolution, instcad of individual letters of commitment. Ms, Barton stated the application specifically requested a letter of support. Howevcr, if the Mayor was not comfortable signing the letter she was not required to. Members of the City Council could also sign the letter. The motion carried (4-1 Mayor Aplikowski opposed). Councilmember Larson stated he believed it would be better to have Mayor Aplikowski vote in favor of this. Mayor Aplikowski stated she would not change her mind regarding her vote. MOTION: Councilmember Larson moved to reconsider the motion to approve submission of a grant application to Blue Cross Blue Shield for Active Community Planning in association with the City's Comprehensive Plan Update. Motion failed for lack of a second. . B. TCAAP Update Ms. Barton updated the Council on recent TCAAP developments. CITY COUNCIL REPORTS Ms. Wolfe - None. Councilmember Holden - None. Council member Grant - Stated they would be adjourning to a Closed Work Session to discuss TCAM Land Sale Negotiations, pursuant to MS 13D.05 SUBD 3.c3. Councilmember Larson - None. Councilmember Pellegrin - None. . . . . ARDEN HILLS CITY COUNCIL -APRIL 24, 2006 11 Mayor Aplikowski - None. MOTION: Councilmember Grant moved and Councilmember Pellegrin seconded a motion to adjourn to a Closed Work Session to discuss TCAAP Land Sale Negotiations, pursuant to MS 13D.05 SUBD 3.c3. The motion carried unanimously (5-0). The meeting was adjourned at 8:25 p.m. Michelle Wolfe City Administrator Beverly Aplikowski Mayor NOTICE OF MEETINGS The next Council Meeting will be held Monday, May 8, 2006 at 7:00 p.m. at the Arden Hills Council Chambers. . . . ~ ~~HILLS Approvcd: CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION MONDAY, APRIL 17,2006,5:00 P,M, CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 Call To Order Mayor Aplikowski called thc mccting to order at 5:00 PM. Present: Mayor Aplikowski, Councilmembers: Gregg Larson, David Grant, Brenda Holden, and Vince Pellegrin Absent: None Staff present: City Administrator, Michelle Wolfe; Chief Finance Officer, Murtuza Siddiqui; Assistant City Administrator, Schawn Johnson; Civil Engineer, Kris Giga; City Planner, James Lehnhoff; and URS Engineer, Greg Brown Old City Hall/Pnblic Works Site Community Development Director Karen Barton provided the City COLlncil with an overview of the discussion regarding the old City Hall/Public Works site discussion. The CSAH 96 property can currently bc accessed using thc entrancc off of CSAH 96. The entrance is only accessible to vehicles travcling east bound, since there is no opening in the median for westbound traffic access. At this time, Ramsey County does not intend on creating an opening in the median to allow access for the westbound traffic into the old City Hall/Public Works site. The City currently has an casement for the south and east portion of the property that could be used for access to thc site from Hamline A venue, north aJld south direction, and provide access to the site from westbound CSAH 96. The old City Hall/Public Works site is currently zoned "Neighborhood Business". The provisions of neighborhood business zoning are the following: . Limited over-the-counter, convenience, retain and service uses to accommodate the needs the adjacent residents; . To placc limitations on the typc, size, and intensity of uses within this district given its proximity to residential uses; . To place emphasis on convenience for pedestrian, bicycle, and public transportation access; . To accommodate, where possible, a public commons giving residents a place to gather and interact with one anothcr; . To ensure adequate buffering is provided on these sites for the adjacent residential uses; . To require, where applicable, compliance with the City's gateway requirements. April 17, 2006 2 City staff is seeking direction from the City Council on the following two items: I. Will access be pennitted from Hamline Avenue? 2. What is the City Council's desired density for this development site? . Mayor Aplikowski requested that access to the property be allowed on Hamline Avenue. City Administrator Wolfe said that access may bc limited on Hamline Avenue due to the turn lanes on CSAH 96. Councilmember Grant said that he IS in favor of having access on Hamline Avenue to the proposed site. Councilmember Larson said that he is concerned about the proposed access onto Hamline A venue. Due to the hill and traffic congestion, it may be a better solution for the City to consider an access into the development along CSAH 96. Mayor Aplikowski suggested a right turn only option on Hamline A venue. Councilmember Holden said that she is concerned about the possibility of more U-turns on CSAH 96 resulting in more traffic accidents. Mayor Aplikowski said that she is not in favor of U-turns. She does not consider U-turns a safe . driving maneuver. The original proposal included access to CSAH 96 and Hamline Avenue. Councilmember Larson said that the only way the City could stop the usage of U-turns was to place a sign along CSAH 96 that make U-turns illegal. Councilmember Grant said that it was important that the business owners have right-in and right- out access. The amount of density at this location will detennine the access needs for this parcel ofland. Easy access to the location is very important for a business. Mayor Aplikowski asked City staff if the developer's proposal has changed since last year. Community Development Director Barton said that the developer is seeking clarification from the City regarding access and density issues before submitting new plans. Mayor Aplikowski asked the City Council if they are comfortable with the proposed density of 70,000 square feet or should the density of the project be decreased. Councilmember Holden said that she is not comfortable with the proposed density. She would like to see a project that is less dense due to traffic and safety concerns. Mayor Aplikowski said that she is comfortable with the current density of the project. . . . . Aprill7, 2006 3 Councilmember Grant said that hc is also concerned about the proposed density and would like to see a project that is less than 70,000 square feet. Councilmember Larson said that he is comfortable with the proposed density. Councilmember Holden proposed that the density of the project by 60,000 square feet. Mayor Aplikowski requested that City staff work with the developer on a 62,500 square foot project with right-in and right-out access along Hamline Avenue. The new proposal should address the City Council's density, landscaping, and trail concerns. 2006 Ridgewood Neighborhood PMP Assessments Civil Engineer Kris Giga provided the City Council with an overview of the 2006 PMP Ridgewood Neighborhood projcct and proposed assessment process. Recently, City staff reviewed the assessment history for the past three PMP projects. It was determined that the additional costs incurred with the project werc a result of necessary utility improvements, and not because of an increase in the road improvement costs. Utility improvements are funded through the City's enterprise funds and are not assessed to the property owners. Based upon this information, City staff is recommending that the assessment schedule remain as currently outlined in the City's assessment policy, which is to asscss at the beginning of the project based upon the engineer's project estimate. Civil Engineer Giga is requesting City Council input regarding whether or no the Beach Club should be assessed for costs associated with this project. The Bcach Club currently has fifty members and is considered a non-profit organization. The Beach Club was originally purchased as two parcels of land. One of the parcels owned by the Beach Club is predominately a wetland area. A City owned and operated lift station (LS #4) is currently located on this site. Two sedimentation ponds are being proposed for this area in conjunction with the PMP project. At this time the Beach Club parcels are not considered developablc, but staff does belicve that the improvement project will benefit the property. The Beach Club has paved an access to Arden Place and the island is currently used for recreational purposes by its members. Thcre is a small possibility that the island could be developed in the future. Also, the City does own one parcel of land that may be included in the assessment calculation rate. City staff is requesting guidance from the City Council regarding whether or not this parcel ofland should also be included in the final assessment costs. Councilmember Larson said that he does not believe that the City should be assessed for this improvement project. Councilmember Holden asked if the residents on Ridgewood Court were being assessed for this project. April 17, 2006 4 City Engineer Giga said that the residents along Ridgewood Court are being assessed for this . proj ect. Councilmember Larson said that the Bcach Club submitted a proposal to the City Council and he was wondering ifCity staff was given the opportunity to review this document. City Administrator Wolfe said that City staff reccived the proposal from the Beach Club and that the information was forwarded to our engineers. Members of the City Council agreed not to assess the Beach Club for road and utility improvements if they agreed to let the City construct two retention ponds on their property. Additional landscaping may be provided to the Beach Club if the retention pond proposal is acccpted. Tfthe proposal is not agreeable to the Beach Club, the City may assess for the PMP project. CIP Discussion/MSA Fundinl! City Administrator Michelle Wolfe provided the City Council with an overview of the CIP process. The CIP discussions have been prolonged due to the following reasons: . Analysis of utility funds; . CSAH 96 landscaping project; . Lexington Avenue constmction costs; . Changes in engineer services; . . Completion of PC I street ratings; . Purchase of GoodPointe street rating software. In order to assist in the CIP discussion, City staff is seeking City Council input regarding the City's future Minnesota State Aid (MSA) funding expenditures. City staff created a spread sheet to illustrate the current status of the City's MSA funding resources. City staffs goal is to obtain some sense of prioritization from the City Council regarding MSA-cligible projects. In May, City staff will present to the City Council information regarding the City's street PCI rating and preliminary 2005 audit information which will be utilized in preparing the five year CIP. Councilmember Holden asked if any of the seal coat streets would be candidates for MSA funding. URS Engineer Greg Brown said that none of the proposed CIP seal coat streets would be eligible for state aid at this time. City Administrator Wolfe requested that the City Council prioritize the MSA eligible projects for the City. Mayor Aplikowski suggested that the proposed Snelling Avenue project be pushed back one or two years. . . . . April 17, 2006 5 Councilmember Grant recommended that thc City spend approximately SI million per year on street improvements. Councilmember Larson said that the City Council is responsible for maintaining the City's infrastructure. It is important that essential projects are not be pushed out into the future. It may be time for the City to consider other rcvenue sources, such as bonding for improvement projects. The City will have to explore different funding options to pay for upcoming street and park improvement projects. Councilmember Holden said the City would bc rcsponsible for bonding expenses. The City would have to raise the levy in order to pay the interest on thc bonds. Councilmember Holden stated that the City should concentrate on completing mill and overlay projects and not reconstruction projects. City Administrator Wolfe said that City staff will likely recommend utilizing mill and overlay whenever possible. Members of the City Council agreed that the following MSA eligible projects should be completed in the near future: . Snelling Avenue; . Old Highway 10 Rail Road Bridge; . Old Highway 10 Sidewalk Trail; . County Road E Sidewalk; . Old Snelling Trail (Highway 51 to Highway 96). Councilmember Larson requested that the City's cunent utility fund balances be included in future CIP discussions. Councilmember Holden requested additional information about future mill and overlay projects. City Administrator Wolfe noted that City Council and City staff will have to discuss the City's future philosophy regarding seal coats and mill & overlays. A draft five year CIP will be presented to the City Council at the May work session. City Protocol for SeWn!! Meetin!! A!!endas City Administrator Wolfe reported that there was discussion at the March City Council retreat regarding how items were placed on the meeting and work session agendas. An outcome of the retreat was that the "Council Comments and Requests" was removed from the meeting agendas. With the removal of "Council Comments and Requests" from the agenda, it has become somewhat confusing regarding how City Councilmember's can get an item on an upcoming agenda. April 17,2006 6 In order to alleviate this problem, City Administrator Wolfe recommended that a "Council . Request" item be added to the meeting agenda for regular City Council meetings. At this time of the meeting Councilmembers can make information requests, announce an up-coming meeting, or consider placing an item on a future work session or regular meeting. Councilmember Holden asked how the City Council obtains a consensus to place an item on a future agenda. City Administrator Wolfe said that the majority of the City Council would have to be agreeable to place the item on a future agenda. Councilmember Larson said that he has no objections to this proposal. Members of the City Council were agreeable to the "Council Request" item being inserted into thc City Council meeting agenda on a trial basis. The meeting adjourned at 7:50 PM Respectfully submitted by Schawn P. Johnson . Beverly Aplikowski, MAYOR Michelle A. Wolfe, CITY ADMINISTRATOR . , . . . ~ --A~HILLS City 01 Arden Hills Request for Council Action Prepared by: Murtuza Siddiqui ""s Dept.: Finance Council Mtg. Date: May 8, 2006 Final Action Needed By: May 8, 2006 Agenda Item ~rt:~ Claims & Pavroll Budgeted Amount: Across City Buduet - All Funds Actual Amount: See Financiallmolications Funding Source: Across City BudQet- All Funds Council Action Request: Review and Approve Consent Agenda Item 3.A. - Claims and Payroll Staff Recommendation: Approve Consent Agenda Item 3.A. - Claims and Payroll Advisory Commission Action: Commission Planning PTRC Date Action Not Supporting Documents (which are attached to this Action Form): o Memo/Letter: o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: DOlher: Payroll and Claims Reports Financial Implications: Payroll #8- $52,265.00 Accounts Payable Claims Since 4/24/06 Council Meeting: 1. Paid Claims - Batch 008-04-2006: 2. Paid Claims - Batch 009-04-2006: 3. Paid Claims - Batch 001-05-2006: 4. Unpaid Claims - Batch 010-04-2006: Claims Total Administrator/Staff Comments: $ 45.90 $ 26,042.76 $ 34,014.87 $ 246.800.96 $ 306,904.49 Page 1 of 1 , CITY OF ARDEN HILLS CHECKS DATED 412112006 (PIR H 8) . !lE""nOYEENAME<11 IT IT ICA Oasdi leA Medicare OTAL TAXES SECOND APRIL PAYROLL Biweekl .4/1106 to 4/14/06 <<A~CITYllEN 3,816.57 1,692.22 2,682.06 627.29 8,818.14 'rennert, Jackie ohnson, Schawn ilseth, Pang weeney, Pamela Wolfe, Michelle arton, Karen I, Sandra rulcv, :Michelle ehnhoff, James Mennenga, John cherbel, David iddim1i, Murtuza Andrews, Aaron Freyberger, Scott Mooney, Joseph Moore, Thomas Perron, James Nowlan, Anthonv Saxe, Pete Schifskv, Mike Winkel, David Frid, Jeffrey Olson, Michelle Ritchie, Chelsea I I 2,682.06 627.29 3,309.35 SA Health Premium 1.434.25 ~SA Dental Premium 283.18 FSA Health Care Reimb. 576.04 FSA Dcoendent Care Reimb. 458.33 ]tOTAL FLEXIBLE SPENDING 2,751.80 0.00 IPERA CMA entral Pension Fund~Union TOTAL RETIREMENT 2,49390 1,540.76 614.40 4,649.06 2,720.64 43293 3,153.57 Affinity Plus Federal Credit Union 3,906.06 IUOE 49 Dues Nnion) 120.00 LTDISTD Insurance 223.70 PERA Life Insurance 30.00 Life/AddllDcn Life 115.35 oited Way 4.00 Mn Child SUDDort 370.64 ITOTAL VOLUNTARY I 4,546.051 223.70 I . Total Emnloyee Deductions 20,765.05 Net Payroll 5,580.34 Direct Deoosit 23,139.05 Gross Pa'vToiJ Tie-Out 45,578.38 Plus City Paid Benefit 6,686.62 ICl\1A Benefit Held 000 trOT AL PAYROLL COST I 52,265.00 I I(WA1OlECOlJ'I"', """,.,. Gross Payroll 45.578.38 Less Total FSA 2,751.80 Plus Employer Match leMA 432.93 Net PIR Subject to FICA 43,259.51 FICA Oasdi !lil6.20% 2.682.06 FICA Medicare (d! 1.45% 627.29 Note: Federal and State Payroll Tax obligations are satisfied by means OfUliliztng the "Taxtel" Electronic Tax Deposit Service. Trans- fers are typically made two business days after the payroll date. . if) ~ -::e ~ .., 00 '" "- ~ ~ 0 0 0 0 C N ~ '" '" C ~ 00 .,; .,; C ~, ~ ~ E -< . . ~ ~ . n '" ~ 0 c 0 c 5 ~. '" Z '" . ;? ~ iJ "- ~ ? N 'D 0 0 N 0 0 M \0 '" '" '2 0 'f 'f or., 0 2- N c " >- "" , '- '- 0 "'T . . 0 0 N '0 ;;S , , >-. . . 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S 0 '" '" " ~ " 0 >- ~ ~ 0 0 c- <.Ll ,;; 0 0 0 0 c- ~ 0 ~ ~ N .. .. iij c- o v, c- '" N .. 0 0 00 0- 00 :;: ~ v. c- '" 0 " N 'n '" CO 0 " '7 'f 'f 'f 'f 'f ~ 'f 0 'f >- 'f 'f 'f '" " 'f 0 'f 0 'f 'f 'f 'f 'f CI . ~ 0 00 0 '" ~ N 'i3 ~ 0 0 N . 0 c 0 ~ 0 '" 0 0 0 0 0 c CD 0 0 0 c -< .'l ~ '2 ~ 'Q ~ "' 0 0 .~ " 0 " 'U '. 0 '" 0 0 0 0 :;: <<: "- 0- '" 00 00 >< . ~ ~lns City of Arden I1ills Request for COlmcil Action Prepared by: MW Dept.: Admin Council Mtg. Date: 5/8/2006 Final Action Needed By: 5/8/2006 Agenda Item3.B BudQet amendment: Purchase of Generator for Fire EnQine Budgeted Amount: $0.00 Actual Amount: $4,865.00 Funding Source: Public Safety Capital Fund Council Action Request: Approve a budget amendment to the Public Safety Capital Fund in the amount of $4,865. Funds will be used toward the purchase of a generator for a fire engine at Station #1 . Staff Recommendation: Approve the budget amendment. Advisory Commission Action: Commission Date Action Not . Supporting Documents (which are attached to this Action Form): [8J Memo/Letter: Letter from LJFD Chief Tim Boehlke dated April 24, 2006. o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: Because this item was not part of the approved 2006 budget, a budget amendment is necessary to cover the cost of the needed item. Administrator/Staff Comments: The City Administrator has the authority to approve this purchase per the purchasing policy. However, appropriate funds were not allocated to the Public Safety Capital fund for this purchase, so a budget amendment is necessary. . Page 1 of 1 LAKE JOHANNA FIRE DEPARTMENT 5545 LEXINGTON AVENUE NORTH. SHOREVIEW, MN 55126 OFFICE (651) 481-7024 . FAX (651) 486-8826 . April 24, 2006 City of Arden Hills Michelle Wolfe, City Administrator l245 Highway 96 Ardcn Hills, MN. 55126 Rc: Capital Equipmcnt Purchase Dcar Michelle, The Lake Johanna Firc Department purchased a used Fire Engine last year that is assigned to Station I in Arden Hills. This truck balances our fleet of trucks to provide better coverage throughout our response area. This truck also serves the purpose of a rescrve Engine when truck maintenance or repairs arc pcrformed. This truck was never cquipped with a gencrator which we use routincly for powering clectric fans, lights and rescue equipment. The Fire Department Board of Dircctors approved the purchase of the PTO Generator and told me to put this in thc 2006 Capital Budget. I did submit a revised Capital Budgct to each city, unfortunately, our request was madc too late and this addition was not included in the approved 2006 Budget. . I am requesting the City of Arden Hills to help fund this gcnerator for Engine I. The total cost of the project is $18,500 which includcs labor and materials. The City of Arden Hills cost would bc $4,865_00 or 26.3% of the project cost. I appreciate your consideration in regards to funding this operational project. Please feel free to contact me if you have any questions_ Sincerely, -L~ Tim Boehlke Fire Chief Lake Johanna Fire Department . SERVING. ARDEN HillS. NORTH OAKS. SHOREVIEW . SINCE 1943 . ~ ~HILLS City of Arden lIiJls R~qll~t fOI:~_OlDlcil Action Prepared by: MlO Dept.: 0 & M Council Mtg. Date: 518/2006 Final Action Needed By: Agenda Item 5 CelebratinQ Arden Hills Update Budgeted Amount Actual Amount Funding Source: . . Council Action Request: Information is provided for your review. Staff Recommendation: Advisory Commission Action: Commission Date Planning PTRC Supporting Documents (which are attached to this Action Form): [2.J Memo/Letter: From Michelle Olson; Dated May 3, 2006 o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: Administrator/Staff Comments: Staff welcomes any comments, feedback, or questions about the event. Action Not Applicable Not Applicable Not applicable Page 1 of 1 . ~ ~~HILLS . MEMORANDUM DATE: May 3, 2006 Agenda Item: 5 TO: Michelle Wolfe, City Administrator Honorable Mayor and City Council FROM: Michelle Olson, Recreation Program Supervisor -/11& SUBJECT: Update on 2006 Celebrating Arden Hills Summer Festival ENC: Current Sponsorship List, Schedule of Events, Event Budget Worksheet. The purpose of this memo is to update you on the progress of our annual summer event which is scheduled for June 24, 2006 at Tony Schmidt Park. The event is progressing nicely. The day will be scheduled from 3:00 p.m. until dusk. This year's event will look similar to last year's event with a few additions/changes. Tickets to the BBQ dinner will sell at $8.00 for adults and . $4.00 for children up until the event. The price will be $10.00 and $6.00 at the event. This year, we have gone with a new caterer and new menu. Our menu will be a pig roast/turkey roast. The menu will include: One trip through line with choice of up to two sandwiches of either pig or turkey and sides of coleslaw, western pasta salad, fresh fruit salad, corn on the cob, BBQ baked beans, fried potatoes, brownie, and a beverage choice of soda, lemonade, iced tea, bottled water, or coffee. Tickets will be available at City HalJ. As always, a ticket is not required for the other events in the park and we will have a couple of food vendors at the event for those who do not choose to buy a ticket for the barbeque dinner. Headlining this year's entertairunent once again will be the White Sidewalls Rock-N-Roll Revue who will be performing from 6:00-10:00 p.m. Back by popular demand will be the Prior Lake Water Ski Show and Mad Science Presentation! After a one year absence, the Splatter Sisters will perform at 4:00 p.m. An exciting addition this year will be two TCAAP bus tours. We will have two tours and it will be open to all as space pcrmits. As always, the event will have youth games, caricaturists, face painters, community booths, a rock climbing wall, and FIREWORKS at dusk!!! Event details are included with this memo. Staff is asking for assistance from the City Council with the following: Ticket Sales - A crucial part of this year's event is the sale of the barbeque dinner tickets. The main focus at this point, necds to be with ticket sales. Staff has given the caterer an estimate of 400 people for the barbecue diruler. Therefore, the City needs to work hard promoting the ticket sales. Our goal is to sell 300 tickets up until a week before the . event. Staff could then sell up to 100 tickets thc day of the event. This number is adjustable up until one week before the event. This is where staff needs your . . . assistance! Staff is giving each Council Member and the Mayor, 25 adult tickets and 10 children tickets to sell. Staff is hoping that the City Council can at least sell all of their adult tickets. All ticket money MUST be turned in to Michelle or Pam by Thursday, June 15th at 4:30 p.m. This will allow staff to have a good idea of tickets sold to report to the caterer. All tickets that are not turned in by the deadline will be considered sold and will be included in the final count to the caterer! The event poster is at the printer and will be available shortly. There will be enough posters for the City Council to use while trying to sell barbeque tickets. Staff is planning on having the posters available at the next City Council meeting for each of you to take what you need. I am looking forward to another GREAT, SUNNY event! Please feel free to share any ideas or feedback you have regarding the event. 2006 . ~---- BUSINESS NAME DONATION AMOUNT .--.-------- ------- Hansen, Dordell, Bradt, Odlaug & Bradt 100.00 McDonald's, QSC Inc. 100.00 Bremer Bank 100,00 Kim's Tailor 50.00 ~- Arden Pharmacy & Gift 250.00 Cub Foods 250.00 Bethel University 500.00 - Land 0' Lakes, Inc 100.00 Presbvterian Homes and Services 1000.00 Arden Shoreview Animal Hospital 100.00 _~orthwestern College 1000.00 Guidant Corporation 1000.00 Lakeside Homes, !nc. 1000.00 Trinitv Lutheran of Lake Johanna 50.00 North Suburban Youth Foundation 4000.00 Anchor Bank 1000.00 - - - - _,_'u______ - . - - -. TOTAL: 10,600.00 ----- . Last printed 5/3/2006 12:10 PM . . Live music by The Whitesidewalb and Splatter Sbter. 3:00-9:00 4:00 4:00-5:30 5:00-7:00 . 5:00-6:00 6:30-8:00 6:00-10:00 8:45 Dusl:? ~ ..-A~HlLLS eelebpclt;il1$j Apdel1 Hills 2006 Summer Festival June 24; 3pm-dusk Tony Schmidt Regional Park on Lake J oharma Schedule of Events All Event, and Time, SubJed to Change! Pig/Turbey Roast from S-7pm. Advance sole dinner tict:?ets available at City Hall until Friday, June 23. Advance Sole Price: $8 adults/$4 children (child: 10&younger) Day of Event Price: $10 adults/$6 children Petting Zoo & Pony Rides (until 8:30pm); Children's Inftatables and Games; Rocl:? Climbing Wall; Water Wars; Sand Art; Caricature Artists & Face Painters; Community Booths Music by the Splatter Sisters (Small Stage) Bus Tour of TCAAP Land (seating limited) Pig/T url:?ey Roast (Must have dinner ticket to enter dinner tent.) Other food and beverage concessions available for purchase from 3pm-dus Prior Lal:?e Water Sl:?i Show on Lal:?e Johanna Bus Tour of TCAAP Land (seating limited) Music by The Whitesidewalls (Main Stage) Mad Science Presentation (Small Stage) Fireworl:?s ("approximate" dusl:? time is lOpm) Dinner ticbet rneluelm one trip through line with choice of up to two sandwiches of either pig or turl1ey and sides of coleslaw, western pmta salad, fresh fruit salad, corn on the cob. BBQ bobed beam, fried potatoes, brownie, and a beverage choice of melo. lemonade. iced tea, bottled water, or coffee. ~~-=~ Parh and Ride - Running from 2:45 pm until end of fireworRs ~how - available at Country Imurance (2 Pine Tree Dr) and Hazelnut Par~ (3301 New Brighton Rd). *No parlring available at Ton" Schmidt Regional Parlr* Fireworbs at clu.lr! In the event of inclement weather, fireworR~ will be re1cheduled for National Night Out. Sponsored by the City of Arden Hills and Anchor Banb, Arden Pharmacy &. Gift; Arden fhoreview Animal Hospital; Bethel University; Bremer Banb; Cub Foods; Guidant Corporation; Hansen, Dordell, Bradt, Odlaug &. Bradt; Kim's Tailors; Labeside Homes; Land O'Labes; McDonalds; Northwestern College; Presbyterian Homes of Arden Hilh (partial sponsorship list). . City of Arden Hills Contact Number: 651.6345120. Celebrating Arden Hills - 2006 . Expense Entertainment Shoreview Northern Lights Variety Band White Sidewalls $ 2,500.00 Prior Lake Water Ski Association $ 1,600.00 Prior Lake Ski - AddU. Insurance Cost $ 100.00 Fireworks $ 7,500.00 Walton's Hollow Petting Zoo $ 2,200.00 Happy Faces (CaricaturisUFace Painter) $ 2,270.00 Mad Science $ 235.00 Splatter Sisters $ 575.00 $ 16,980.00 FoodNouth Games Chuckwagon Catering $ 3,180.00 Service/Deliveryffax $ 1,005.45 Magic Bounce - Giant Slide $ 875.00 Magic Bounce - Obstacle Course $ 750.00 Magic Bounce - Moonwalk(2) $ 850.00 Spin Art $ Rock Climbing Wall $ 1,075.00 Water Wars $ 800.00 Insurance/Food Permit License Fee $ . Tents (Aarcee) $ 8,105.99 Tents (Midway) $ $16,641.44 First Aid Red Cross ($55/hr x 7 hours+ $50) $ 500.00 $ 500.00 Transportation First Student $ 807.16 Golf Carts $ 300.00 $ 1,107.16 Signs Signarama $ 1,000.00 Acurate Press (Poster) $ 591.00 Allegra ( Large Poster) $ 100.00 $ 1,691.00 Programs Insert in Bul!etin $ 345.40 $ 345.40 Sound/Communication Generator $ 893.06 Walkie Talkies $ 75.00 $ 893.06 . . . . Celebrating Arden Hills - 2006 Expense Expense Continued Bathrooms $ Park Rental $ 358.88 $ 1,000.00 $ 1,358.88 Tony Schmidt Permit Showmobile Miscellaneous $ 1,000.00 $ Thank You Ads - Focus/Bulletin Event T-shirts Forrest Wicklund - VIP food Ice Miscellaneous Supplies Miscellaneous Supplies Miscellaneous Supplies Insurance for Fireworks music $ 300.00 $1,300.00 Total Expenses $ 40,816.94 . . . ~ ~HILLS MEMORANDUM DATE: Agenda Item 7.A May 4, 2006 TO: Mayor and Council Members FROM: Michelle Wolfe, City Administrator SUBJECT: Update on the North Suburban Cable Commission and North Suburban Access Corporation Verbal presentation by Coralie Wilson, Director North Suburban Cable Commission. . . . -- Prepared by: MLO Dept.: O&M Council Mtg. Date: 5/8/2006 Final Action Needed By: 7/31/2006 ~. ~/HILLS City of Arden Hills Request for Coullcil.\ctioll Agenda Item 'l~ Warmina House Status Discussion Budgeted Amount: Actual Amount: Funding Source: . Council Action Request: Review attached warming house comprehensive report and take one of the following actions: 1) Ask for the report to be brought to a future work session tor further discussion and analysis. 2) Support and approve recommendation made by staff. 3) Analyze all options and recommend any combination of the options provided. Staff Recommendation: Staff recommends removing the warming house building at Valentine Park and to maintain the rink without staffing into the future. Staff further recommends that mobile units be utilized at Freeway Park and Hazelnut Park. Advisory Commission Action: Commission Date Action Planning PTRC Not Applicable Reviewed Not applicable 4/18/2006 Supporting Documents (which are attached to this Action Form): [2J Memo/Letter: From Michelle Olson; Dated May 3, 2006 o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: See attached mememorandum Administrator/Staff Comments: At their April 18'h meeting, the PTRC supported staff's recommendations on the warming house report by a vote of 7-1. Page 1 of 1 ~ ~ EN HILLS . MEMORANDUM DATE: May 3,2006 TO: Michelle Wolfe ~ City Administrator Honorable Mayor and City Council FROM: Michelle Olson, Recreation Program Supcrvisor 1ft!' SUBJECT: Warming House Status ENC: Rodcnt Infestation Information, Warming Housc Attendance, Warming House Photos, Building Inspection Report, Warming House Repair Estimates, Electric Estimate, Mobile Unit Cost Estimates, Photos ofSt. Michael Portable Warming House, Construction Estimates for New Warming Houses, Engineering Memo Regarding Valentine Park Improvements. BACKGROUND: The 2005/2006 Ice Skating season officially ended on Sunday, February 12. Staff was instructcd to prepare a comprehensive look at the warming house and ice rink operations at three sites: Freeway Park, Hazelnut Park, and Valentine Park. The warming houses at Cummings Park and Perry Park are in good condition and the buildings are used year round. At the February work session, the PTRC presentcd a recommendation within their vision statement to utilize mobile units at Hazelnut and Freeway Parks. . Freeway Park, Hazelnut Park, and Valentine Park have had prcvious maintenance issues. The PTRC has looked at the replacement of the three buildings in question at one time or another, but has put off replaccment of those buildings for numerous reasons. (The 1999 C.l.P. included $20,000 for a replacement warming house at Hazelnut Park. The PTRC decided to put off the replacement at that time.) As you are aware, during our routine pre-season inspection this past Novembcr (2005), Operations and Maintenance staff encountered an issue at the Freeway Park site due to mice infestation. At that time, staff explored several options to get through the 2005/2006 season. The health department was notified and thcy dropped olf information on possible health problems related to rodent infestation and also how to clean up the area appropriately. Lori Green from St. Paul - Ramsey County Department of Public Health felt that if cleaned up propcrly, the health risk would be minimal. The inlormation on rodent infestation is included with this report. (Attachment 7B-I) Time constraints and electrical complications forced staff to utilize the building by simply c1caning up and making minor repairs. All threc . . . . Warming House Status Memo May 3, 2006 Page 2 of6 warming houses at Freeway, Hazelnut, and Va1cntine Parks have maintenance issues that should be addressed. Staff has listed each site and the options for the future. Freewav and Hazelnut Parks Attendance: . Freeway Park: Attendance at Frceway Park is strong. The 2005/2006 season was very mild and affectcd thc days opcn and quality of ice. Despite those challenges, Frecway rcmains a popular rink. The attendance was down from 1,133 last year to 616 this year. The attendance summary is attached lor your inlomlation. (Attaehmcnt 7B-2) ln addition, the City rents the rink out to Bethel University after hours for their intramural broomball program. Those hroomball participants are not included in the attendance count. . Hazelnut Park: Attendance at Hazelnut Park continues to bc strong. Attendance was down from 1,148 last year to 7J 6 this year. As with Frceway Park, thc 2005/2006 season was very mild and affected the days open and quality of ice. Building Condition: These buildings arc utilized for approximately three months out of thc year. Thcy arc closed and used for storage the rest of the year. This has contributed to pest infestation and damagcs relatcd to that. Thc buildings are also not aesthetically pleasing. Photos depicting the conditions of thc warming houses are attached. (Attachment 7B-3) The PTRC has put off recommendation of replacement of these buildings for numerous reasons but in particular, because they are only utilized three months out of the year. It was dctermined in past discussions at various PTRC meetings that Hazelnut and Frccway Park would not be good candidates for combination wamling house/picnic structures (similar to Cummings Park) because the current wanning houses are not in locations where picnicking would occur. ln these discussions, the PTRC voiced concerns about investing large amounts of money on structures that arc only utilized three months out ofthc year. The PTRC wanted to look at all possible options. Below arc options for Hazelnut and Freeway parks: (1) OPTION A: Repair existing buildings. A building inspection report is ineluded with this memo. (Attachment 7B-4) The recommended repairs for Freeway are estimated at $1,691 plus labor (highest option). The recommended repairs for Hazelnut are estimated at $1,103 plus lahol- (highest option). For a specific breakdown of estimated repairs/supplies, please see the attached repair cstimate from Jim Perron, Operations and Maintenance Superintendent. (Attachment 7B-5) (2) OPTION B: Tear clown existing buildings and bring in mobile units each winter. The size of the mohile unit is 8 n x 40 ft. Wanning House Status Memo May 3, 2006 Page30f6 . Electrical Relocation: A one time fee of $3,825 for Freeway Park and a one time . fee of$I,600 for Hazelnut Park (Attachment 7B-6) . Tear Down: $285 plus labor for a 20-yard dumpster . Rental of a mobile unit: $379.70 per month (approx. $1,139.10 per season) · Delivery/set up fee: $2 10 per season The estimated annual cost for this option would be $1,349.10 per site plus the onc time cost of electrical relocation of $3,825 for Freeway Park and $1,600 for Hazelnut Park. We would incur a $285 fee per site for a 20 yard dumpster for tear down. Tear down figures do not includc labor. For a specific breakdown of estimated costs for this option, please rcler to the attached estimates. (Attachment 7B-7) (3) OPTION C: Build a small portable building that can be stored off site during the off season and brought in during the rink season. This has been done for the City of St. Michael. The building was built in 1999 at a cost of $5,000. Mr. Ed Haller, Pubic Works Superintendent for St. Michael, referred to the building as an "oversized ice fishing house." Pictures of this option are attached. (Attachment 7B-8) The building specifications is below: . 16 foot wide by 20 foot long, vinyl on the outside and plywood on the inside. It . has one door and two windows. . St. Michael Public Works has a certified carpenter on staff that was responsible for this project. It was constructed during the winter months. . It has skids, in place of wheels because it can be dragged to the winter location, approximately 500 feet. · It is only used during ice skating season. . Jt has a heater and one toilet stool. They pay BlFFS, Inc. to hook up a waste water tank, similar to what exists in an outdoor toilet. . lfthey had to build it again, they would make it longer and use wheels instead of the skids. The total estimated overall cost for this option is $8,825 for Freeway Park and $6,600 at Hazelnut Park, which inclndes a one time building cost of $5,000 per site plus a one time cost of $3,825 for electrical relocation at Freeway Park and $1,600 at Hazelnnt Park. Wc would incur a $285 one time fee per site for a 20 yard dumpster for tear down. These figures do not factor in building or tear down labor costs. One question that has come up with this option is: Where do we store the buildings? Currently, there is no space at the Ramsey County/Arden Hills Maintenance Facility to accommodate the buildings. . . . . Warming House Status Memo May 3, 2006 Page 4 of6 4) OPTION D: Construct new warming house buildings. . Wanning houses would be constructed with similar design as existing buildings. . Staff would establish a monthly routine to maintain the huildings in the attcmpt to prolong their use. . The estimated cost does not include electrical hook-ups, removal of existing huildings, or painting of interiors. . Staff is currently waiting for an estimate on the cost to movc thc Cummings and/or Valentine Park buildings to Hazelnut or Freeway. The total estimated eost for this option would be $19,679.00 per site. F or a specific brcakdown of estimatcd costs for this option, pleasc rcfer to the attachcd cstimatc. (Attachment 78-9) Valentine Park Attendanee: Attendance at this park has always been low; however, the numbers continuc to dcclinc. Thc attendance went from 216 users last winter to ] 14 this winter. The mild wintcrs have made maintaining thc icc diffIcult at this park. Building Condition: The area where the wanning house is located floods every spring due to the fact that it is at a lower elcvation than Lake Valentine and the ice rink. Every year after the spring flood, the warming house must be cleaned, disinfcctcd and rotted wood and insulation removed. This requires Operations and Maintenance staff to completely clear out the building in ordcr to spray and clean the inside. The yearly f100ding that occurs has begun to cause long term maintcnancc issues and has atTccted the huilding's structural integrity. (I) OPTION A: Tear down the cxisting warming house and do not replace. Thc rink would remain open without a warming house. The rink would bc maintained by the Operations and Maintenance stan: A timer could he installed on the rink lights for automatic turn on and off Staffing costs for each site are budgeted at approximately $2,656.29 per rink. This considers wages for all hours possible throughout the season and FICA: 318.50 possible hours (maximum days opcn) x $7.75 avcragc of hourly wages $2,468.38 x 1.07(',:; for FICA (employer portion) $2,656.29 Warming House Status Memo May 3, 2006 Page 5 of 6 Therefore, if we did not stafTValentine Park, wc would save approximately $2,656.29 . each scason. The estimated cost for this option: $1,708 which includes a one time fee of $285 for a 20 yard dumpster plus $1,423 for a one time cost of the electrical relocation from the building to the pole. Figures for the tear down do not factor in labor costs. (2) OPTION B: Tear down the existing building and bring in a mobile unit each winter. . Electrical Relocation: A onc time fee of$I,423 (Attachment 7B-6) . Tcar Down: A one time fee of$285 for 20 yard dumpstcr . Rental of a mobile unit: $379.70/month (approx. $1,139. lO/season) . Delivcry/set up fcc 01'$210. Thc estimated annual cost for this option would be $1,349.10 per site plus the one time electrical relocation fee of $1,423. For tear down we would incur a one time fee of $285 for a 20 yard dumpster. Tear down does not factor in labor costs. (3) OPTION C: Build a small portable building that can be stored off site during the off season and brought in during the rink season. . This option is explained in Option C under Freeway and Hazelnut Parks. The estimated annual cost for this option would be a one time fee of $5,000 (does not include labor) plus a one time electrical relocation fee of $1,423. We would also incur a one time $285 fee for a 20 yard dumpster. These figures do not factor in building or tear down labor costs. 4) OPTION D: Renovate Valentine Park to fix the drainage/grading issues. . The current condition of the park is a direct cause of thc rink quality being poor. Renovation of the park possibly could alleviate the maintenance issues and increase attendance. . This estimated cost does not include replacement of play structure (proposed replacement cost $55,000), warming house building, or ball field. Thc estimated cost for this option would be approximately $220,000. For a specific breakdown of estimated costs for this option, please refer to the attached memo from Kristine Giga, City Engineer. (Attachment 7B-J 0) . . . . Warming House Status Mcmo May 3, 2006 Pagc 6 of6 RECOMMENDA nON: Staff recommends removing thc warming house building at Valentine Park and to maintain the rink without staffing into thc future for the following reasons: (I) Attendancc is always low at this site and continues to decline. (2) (3) The building continucs to flood every spring, causing maintenance issucs. The amount of salary we savc by closing the warming house at Valentine Park could be used to supplemcnt the rental of mobile units at Hazelnut Park and Freeway Park. Slaff further rccommends that mobile units be utilizcd at Frceway Park and Hazelnut Park for the following reasons: (I) The buildings are in need of major repairs. (2) The buildings are only utilized three months out of the year. (3) The buildings are nol aesthetically pleasing. At a minimum, staff recommends that major repairs be done on the Freeway Park and Hazelnut Park buildings before next season. \MeITQ-ilwt.us'.Ardenl lills\PR&PW\Recrc31ion\MEMOS\Memo to Cadmin W<llllling houses06_DOC City Couucil Meetiul! Mav 8. 2006 . Attachment 7B - 1 Rodent Infestation Information . . General: Prevention: Rodent Infestation I CDC Hantaviruses Page I of3 . Site Contents General Information Tracking a Mystery Disease How Is HPS Transmitted? Who Is at Risk of Getting HPS? What are the Symptoms of HPS? How Do I Prevent HPS? Seal Upl Trap Upl Clean Upl Preventing Hantavirus, Indoors and Outdoors Common Signs of Rodent Infestation Cleaning Up Heavv Infestations Precautions for Workers Respirator Update Precautions for Carnpers and Hikers Treating Hantavirus Pulmonary Syndrome Technical Information .. ......~,.~ "_ _ L~ _L_ National Center for Infectious Diseases " Special Pathogens Branch All About Hantaviruses 811 Abo.!!Ltt2Q!.?viruses Home I General Information L~c;:hnical JDlprmS'itlon I Contact Us Common Signs of Rodent Infestation Remember that not all types of rodents carry hantavirus. Neither common hOllse mice nor common rats have been associated with HI'S in humans, for example. Yet because it can bc tough to tell just what kind of rodents you have, play it safc -- clean up thc infestation and rodent-proof your home or workplace. Here are some common signs that YOII may have a rodent problem. Rodent Droppings This is one of the most reliable signs that you have a rodent problem. You may find droppings in plaees where you store your food or your pet/animal food, such as in cupboards and drawers or in bins. Because mice like to run in , places that offer them some protection . from predators, you may find droppings in cupboards or under the sink, along walls, or on top of wall studs or beams. Mice will leave droppings near their nests as well (sce below). Storage rooms, sheds, barns, or cabins loaded with boxes, bags, old furniture, and other objects make an ideal home for rodents, so you may find droppings there, even inside boxes and other containers. Workplaces can also makc good rodent homes. Warehouses, restaurants, and the like are obvious places to look becallse food may be plentiful there. However, rodents can infest office buildings, too. Once again, look for droppings in protected places, such as closets, storage rooms, or inside boxes. Signs of Rodent Nests Rodents tend to build their nests from materials that are soft, fuzzy, or warm. Among common rodent nest materials are shredded paper, bunchcs of dry grass or small twigs, fabric, and furniture stuffing. Rodents will nest wherever safety from enemies can be found close enough to food and water, and they prefer places that are relatively quiet. Inside buildings, here are some places to look: .ti;' . inside h Up :l/www.cdc.gov/ncidod/diseaseslhantalhps/nofranles/prevent8.htm 1111812005 General: Prevention: Rodent Infestation I CDC Hantaviruses ;::)tdlt vUfJ[aU~ Case Information Teaching Materials Research and Resources Hantavirus in South and Central America Previous Feature Articles Archive Glossary of Terms Go To... Special Pathogens Branch Web Page NCID Home CDC Home Page 2 of3 cabmets . undcr or inside dressers . in and among boxes . behind and inside machinery and appliances (kitchen appliances such as stoves or refrigerator drip pans; watcr coolers;and electric motor cases or computer cases) . inside upholstered furniture . inside double walls or the space between floors and ceilings. . Food Boxes, Containers, or Food Itself That Appears To Be Nibbled Look for droppings nearby. Rodents can chew through plastic, so plastic bags do not make safc food storage containers. . Signs of Rodent "Feeding Stations" These are semi-hidden spots where rodents eat food they have collected. At these stations, rodents may leave larger-than-normal amounts of droppings/urine, plus remnants ofa varicty of foods (such as nut shells), bits of plastic or paper, and cockroach carcasses. You Fiud Evidence of Gnawing To get to food, rodents will gnaw on almost anything that Thursday, August 5, 2004cJudes such things as wood, paper board, cloth sacks, and materials even harder than these. Because rodents' teeth grow continuously, they must gnaw to keep thcm short. That may help to explain why chair legs or similar surfaces show gnawed spots or tooth marks in rodent-infested places. You Notice an Odd, Stale Smell In closed-up rooms infested by rodents, you will commonly smell an unusual, musky odor. You See a Mouse in Your House Rodents are normally active at night, and generally avoid humans. If you have rodents, unless the infestation is large, you may never see one. For more information on HPS preyention, visit the Hantayirus Pulmonary . Syndrome Spotlight: Seal Up! TraptJPLQean Up! http://www.cdc.gov/ncidod/diseascs/hanta/hps/noframes/prevent8.htm 11/18/2005 . General: Prevention: Spotlight I CDC Hantaviruses Page 1 of I Home I About COC I Press Room I Funding I A.Z Index I Centers. Institute & Offices I Tr3ining & Employment I CD .;i~\'\{Y~f"~~m~:~lil~Ui1t!itfr:;9;i~i~1, Hantavirus Pulmonary Syndrome: Spotlight F "$" <'1;1>;- ~.e:l .~ . {l .. 'I\' - . :~ ~ >>, ,r.. }j,A SEAL UP! TRAP UP! CLEAN UP! Protect Your Family from Hantavirus Pulmonary Syndrome (HPS) Hantavirus pulmonary syndrome (HPS) is a deadly disease transmitted by infected rodents through urine, droppings, or saliva. Humans can contract the disease when they breathe in aerosolized virus. Rodent control in and around the home remains the primary strategy for preventing hantavirus infection. Through January 5, 2005, a total of 384 cases of hantavirus pulmonary syndrome have been reported in the United States. . .I~ ? - ~ ,.F'........ . '. SEAL UP! Seal up holes inside and outside the home to prevent entry by rodents...more TRAP UP! Trap rodents around the home to help reduce the population...mortol CLEAN UP! Take precautions before and while cleaning rodent-infested areas...fTlore Home I pQlir;ies andJ3gut)lations I Dis~l<!LID~ I ~=-GQ.'Lt.rn.mBD..! I FOIA I .C;;Qnlqc;;.tJJ..9: .A..... .HIEALTHIlI:R. PIEOPLK.'" Centers for Disease Control and Prevention,1600 Clifton Rd, Atlanta. GA 30333, U.S.A Tel: (404) 639.3311/ Public Inquiries: (404) 639-3534/ (800) 311.3435 . Spotlight Conte . $gQtligl11Hol > S_E,II,L UP! > TRAP UP! 'CLEAN UP! Key Resources All About Hanta Web site HPs:Wh.atyou Know Brochure: Facts Hantavirus Brochure: Inforr sQbrelosh.anta' HPS Prevention Hantavirus prev materials Rodent carriers hilotavirus HO\AljsHPs trar Contact Info Hantavirus Hotline: 877.232.3322 Email: dvd1spath@cdc.gov Telephone: 404.639.1510 Fax: 404-639.1509 ~iRSTGOV ....fbt~...IlS.__~ Depa and ~ http://www.cdc.gov/ncidod/diseaseslhantalhps.ste/ste_spot.htm (4 J 1/18/2005 General: Prevention: Clean Up! I CDC Hantavimses Page I of3 Home I About CDC Press Room I Funding I A-Z Index I Centers, tnshtute & Offices I Training & Employment I CD . Search: L c;p~(1!i~l;S~AA!9!~~i4~~~~fi Hantavirus Pulmonary Syndrome: Clean Up! Clean up urine and droppings I Clean UP dead rodents or nests I Clean uIL9l.!>ins, sheds, barns, or gthe[Q!Jli:>uilding_!? I CI~an llP hea't}'Jode!}! infestilti()!} I Q!!.,m UP rQgent food sources and nl~sting sites J:Heah up urine and droppings Take precautions before and while cleaning rodent-infested areas. Before cleaning a space, ventilate the area by opening the doors and windows for at least 30 minutes to diffuse potentially infectious aerosolized material. Use cross-ventilation and leave the area during the airing-out period. When you begin cleaning, it is important that you,~()n()tstir up dust by sweeping or vacuuming up droppings, urine, or nesting materials. Wear rubber, latex, vinyl, or nitrile gloves when cleaning urine and droppings. Spray the urine and droppings with a disinfectant or a mixtureofbtead1 ahdwater. and let soak 5 minutes. The recommended concentration of bleach solution is 1 part bleach to 10 parts water. Use a paper towel to pick up the urine and droppings, and dispose of the waste in the garbage. After the rodent droppings and urine have been removed, disinfect items that might have been contaminated by rodents or their urine and droppings. Mop floors and clean countertops with disinfectant or bleach solution. Steam clean or shampoo upholstered furniture and carpets with evidence of rodent exposure. Wash any bedding and clothing with laundry detergent in hot water if exposed to rodent urine or droppings. Lastly, before removing gloves used while cleaning, wash gloved hands with soap and water or spray a disinfectant or bleach solution on gloves before taking them off. Wash hands with soap and warm water after removing gloves. Clean up dead rodents or nests Wear rubber, latex, vinyl, or nitrile gloves when cleaning up dead rodents or nests. Spray the dead rodent or nest and the surrounding ~"a':) \Iltith ~ rlie-Info,...t-nn. AI" ':::t mivtJ Ir.o. r.f hlcv::)F"h ':lnrl Ul':ltor <:::""::JoV ,.nrt.o.nt http://www.edc.gov/ncidod/diseaseslhanta/hpsstc/stcclean.htm - - Spotlight Cont", , Spotlight HOrr > SEAL UP! 'TRAP UP! . CJ...EAN UP! Key Resources All About Hanta Web site HPS: What You Know Brochure: Facts HantavirlJs Brochure: Inforr sQI:l/:l:!I()~J}anta' HPS Prevention Hantavirus prev materials Rodent carriers hantavirus How isHPSlcilf . Contact Info Hantavirus Hotline: 877-232.3322 Email: dvd1 spath@cdcgov Telephone: 404-639-1510 Fax: 404-639-1509 . 11/18/2005 .' General: Prevention: Clean Up! I CDC Hantaviruses Page 2 of3 . . . Oo''VCI WYIUI CI U''';'II'IIV,",,''CU.l VI a IIJlA"-UIICO v, u.va.....11 C1IIU 1110'0:\.1:"_ "-'VOl' IVU{JIIL, nesting materials or droppings in solution for 5 minutes before wiping up with a paper towel or rag. Place the dead rodent or nesting materials in a plastic bag and seal tightly. Place the full bag in a second plastic bag and seal. Throw the bag into a covered trash can that is regularly emptied. Wash gloved hands with soap and water or spray a disinfectant or bleach solution on gloves before taking them off. Wash hands with soap and warm water after taking off your gloves. Clean up cabins, sheds, barns, or other outbuildings Before attempting to clean cabins, .!?hed~J;).i:jrns. or Qtb~routbuildinQs,i i'open' all d()()rs andwindows for 30 minutes to allow for the diffusion of potentially infectious aerosolized material. Wear rubber, latex, vinyl, or nitrile gloves and clean up all rodent urine, droppings, nests, and dead rodents using disinfectant or bleach and water. Mop floors or spray dirt floors with a disinfectant or mixture of bleach and water. Clean countertops, cabinets, and drawers with a disinfectant or a mixture of bleach and water. Clean up heavy rodent infestation Special precautions should be used for cleaning homes or buildings with heavy rodent infestation. Also, workers who are either hired specifically to perform a clean-up or asked to do so as part of their work activities should receive specific training about hantavirus from a health agency. The special precautions may also apply to vacant dwellings that have attracted large numbers of rodents and to dwellings and other structures that have been occupied by persons with confirmed hantavirus infection. Persons involved in the clean-up should wear coveralls (disposable, if possible); rubber boots or disposable shoe covers; rubber, latex, vinyl, or nitrile gloves; protective goggles; and an i:!QproRD<'ItereS-w[atQJY R.r9~ection device, such as a half-mask air-purifying (or negative- pressure) respirator with a high-efficiency particulate air (HEPA) filter or a powered air-purifying respirator (PAPR) with HEPA filters. Personal protective gear should be decontaminated upon removal at the end of the day. All potentially infective waste material (including respirator filters) from clean-up operations that cannot be burned or deep buried on site should be double bagged in appropriate plastic bags. The bagged material should then be labeled as infectious (if it is to be transported) and disposed of in accordance with local requirements for infectious waste. Clean up rodent food sources and nesting sites E'r~','entcontClGt\oYit.bJQ.Qents by cleaning up your home, workplace, or campsite. http://www.cdc.gov/ncidodldiseases/hantalhps_stc/stc_c1ean.htm 11/1812005 General: Prevention: Clean Up! I CDC Hantaviruses Eliminate possible rodent food sources. Keep food in thick plastic or metal containers with tight lids. Clean up spilled food right away and wash dishes and cooking utensils soon after use. Always put pet food away after use and do not leave pet-food or water bowls out overnight. Use a thick plastic or metal garbage can with a tight lid. Keep compost bins 100 feet or more from the house. Keep grains and animal feed in thick plastic or metal containers with tight lids. In the evening, uneaten animal feed should be returned to containers with lids. If storing trash and food waste inside the home, do so in rodent-proof containers, and frequently clean the containers with soap and water. Dispose of trash and garbage on a frequent and regular basis, and pick up or eliminate clutter. Eliminate possible nesting sites outside the home. Elevate hay, woodpiles, and garbage cans at least 1 foot off the ground. Move woodpiles 100 feet or more from the house. Get rid of old trucks, cars, and old tires that mice and rats could use as homes. Keep grass and shrubbery within 100 feet of the home well trimmed. Updated September 27,2004 .Home t pQfu;ies 8D.9 Reaulatjol}~ I Disclaimer I e-GOv:~rnm~DJ 1 FQ18 I ~9ntact Us .AF...H.ALTHIKR.P.GPL.~ Centers for Disease Control and Prevention,1600 Clifton Rd, Atlanta, GA 30333, U.S.A Tel: (404) 639-33111 Public Inquiries: (404) 639-3534 1 (800) 311-3435 'fi'IRSTGOV .....nntCMt.....IU..~--r http://www.ede.gov/ncidod/diseaseslhanta/hpsstc/stcclean.htm - - Page 3 on (jt III 18/2005 . Depa andf . . .' General: Prevention: Heavy Infestations I CDC Hantaviruses Page I of2 . Site Contents General Information Tracking a Mystery Disease How Is HPS Transmitted? Who Is at Risk of Getting HPS? What are the Symptoms of HPS? How Do I Prevent HPS? Seal Up! Trap Up! Clean Up' Prevenling Hanlavirus. Indoors and Outdoors Common Signs of Rodent Infestation Cleaning Up Heavy Infestations Precautions for Workers ResPirator Update Precautions for Campers and Hikers Treating Hantavirus Pulmonary Syndrome Technical Infnrm::l.finn .. National Center fOl" Infectious Diseases Special Pathogens Branch All About Hantaviruses All Ab9.!JJJi~_r:ili!yiruses Home I General Information Technical Information I ~2!ltact Us Special Precautions for Homes of Persons with Confirmed Hantavirus Infection or Buildings with Heavy Rodent Infestations Special precautions should be used for cleaning homes or buildings with heavy rodent infestations in areas where HPS has been reported. If you are attempting to deal with such an infestation, it is recommended that you contact the responsible local, state, or federal public health agency for guidance. The special precautions may also apply to vacant dwellings that havc attracted numbers of rodents while unoccupied and to dwellings and other structures that have been occupied by persons with confirmed hantavirus infection. Workers who are either hired specifically to perform the clean-up or asked to do so as part of their work activities should rcceive a thorough orientation from the responsiblc health agency about hantavirus transmission and should be trained to perform the required activities safely. Precautions To Be Used:. . Persons involved in the clean-up should wear coveralls (disposable, if possible), rubber boots or disposable shoe covers, rubber or plastic gloves, protective goggles, and an appropriate respiratory protection device, such as a half-mask air-purifying (or negative-pressure) respirator with a high-efficiency particulate air (HEP A) filter or a powcrcd air- purifying respirator (PAPR) with HEPA filters. Note The HEP A classification recently has been discontinued. Please read _"UI>4'JJ~Q]lLh"-l'I(1I11,,')c:lature and Usg of R<:ospirillQ[s as a j>recautismIQf H anla}'LTlJ"JllJecti on, Fehfl!al)', L999" for details. . Personal protcctivc gear should be decontaminated upon removal at the end ofthe day. If thc covcralls are not disposable, they should be laundered on site. If no laundry facilities are available, the coveralls should be immersed in liquid disinfectant until they can be washed. . All potentially infective waste material (including respirator filters) from clean-up operations that cannot be burned or deep buried on site should be double bagged in appropriate plastic bags. The bagged material should then be labeled as infectious (if it is to be transported) and disposed of in accordance with local rcquircments for infectious waste. . Workers who develop symptoms suggestive ofHPS within 45 days of the last potential exposure should immediately seek medical attention. The physician should contact local health authorities promptly ifhantavirus- http://www.cdc.gov/ncidod/diseases/hantalhps/noframes/prevenI4.htm 11/18/2005 General: Prevention: Heavy Infestations I CDC Hantaviruses Page 2 of2 State Contacts Case Information Teaching Materials Research and Resources Hantavirus in South and Central America Previous Feature Articles Archive Glossary of Terms associated illness is suspected. A blood sample should be obtained and forwarded through the state health department to CDC for hantavirus antibody testing. All About Kant<!.."i!lJses Home I Generallnlormalion I I~fhnicar Information I ContacUl~ coc Home I Se::!f~J] f J:-Je.~lmIopi.c_s A~Z , Tllis page last reviewed Thursday, June 10,2004 Go To... Special Pathogens Branch Web Page NCIO Horne COC Horne Special Pathogens llrdnch Division ofViraJ andThursday, July 8, 2004br> Centers for Disease Control and Prevention US Dcparnnenl of Health and Human Services CQC (J http://wv..W.cdc.gov/neidod!diseaseslhanta/hps/noframes/prevent4.htm 11118/2005 . . . . . . City Council Meetinl!' Mav 8, 2006 Attachment 7B - 2 Warming House Attendance for 2005/2006 2005/2006 ICE RINK USER TOTALS GENERAL HOCKEY TOTALS PER PARK DATES SKATERS SKATERS BROOM-BALL LESSONS PARK Cumminas 12/20-2/12 205 32 0 177 414 F reewav 12/20-1/26 150 332 134 0 616 Hazelnut 12/20-1/26 137 477 102 0 716 PerrY 12/20-2/12 138 311 269 57 775 Valentine 12/20-1/26 86 28 0 0 114 Subtotal 716 1,180 505 234 2,635 General Hockey Broomball Lessons TOTAL 716 1,180 505 234 2,635 2004/2005 Total Days Open Cummings 40 Freeway 37 Hazelnut 44 Perry 37 Valentine 33 2005/2006 Total Days Open Cummings 32 Freeway 30 Hazelnut 30 Perry 32 Valentine 29 Number of Users Number of Users 3,662 2,635 . . . . . . City Council Meeting Mav 8. 2006 Attachment 7B - 3 Warming House Photos . :Freeway Park . . I I /' / / ,r(" }'\ ..~ ':i\ ~}.j ,t, -II " / Freeway \Varming House Back . . Freeway Warming House Ceiling . . /,' / ,/ /,,// /' Freeway Warming House Fascia . . - .A>- ..... ';"",p;j;. ~;.~ir~~~, ,'/t;""" - ,,-' ~ "'",- ~~ - ~- "-;.,. ~. Freeway Warming House Front . . . r '"" , .p. Freeway 'Varming House FrontZ . . ! , t 1 I Hazelnut Park . . . , - \":!:;:',;?,::-:,~ -~ ,".~ ~~ ",~ .....- Hazelnut Warming House Sideview3 . . Hazelnut Warming House Ceiling . . Hazelnut Warming House Front . . Hazelnut Warming House Interior . . Hazelnut Warming House Interior Ceiling . . . Hazelnut Warming House Sideview . . Hazelnut Warming House Sideview2 . . j Valentine Park . . , ,. ! -.":'-<-^.,.~.~....,,,... V alentine Building Level . . Valentine Warming House Interior Water Mark . . Valentine Warming House Sideview . City Council Meeting May 8, 2006 . Attachment 7B - 4 Building Inspection Report from Dave Scherbcl, Building Inspector . . . . . ~ ~ EN HILLS MEMORANDUM HATE: March 21, 2006 TO: Michelle Olson, Recreation Program Supervisor Dave Scherbel, Building Official 7'~' FROM: SUBJECT: City warming houses cc: Tom Moore, Operations & Maintenance Director Request Staff was requested to do a visual inspection of the structural and building aspccts of thc wamling house at Freeway and Hazelnut Park. ObservatIon At Freeway Park the following observations were made. . No structural issues were observed. Roof and floor systcms could not adcquately be inspected due to ceiling and floor coverings. Rccommend reinspection of roof after ceiling covering is removed. . Noticed strong smcll of what appeared to be a by product of rodent waste. This was apparcnt from the ceiling damage/staining that many rodents were living in the attic space. Rodent holes also appeared in the outside wall bottom plates allowing the rodents to enter the building from the floor area. Also noticed significant damage ofthe soffit and fascia which allows rodents to access thc attic space. . Roofing could not be adequately asscssed due to the snow on the roof. Jim Perron stated that the roof needed to be replaced. .:. At a minimum the following repairs are required. . Replace roofing, soffit and fascia. . Remove ceiling material, and insulation. Reinspect roof for further damage. . Remove all rotted wood and replace. . Spray entire attic area with a sealant to help remove odors and contaminants. . Replace insulation, and ceiling material. . Block/seal rodcnt penetration holes through floor and at the exterior grade level. At Hazelnut Park the following observations were obscrvcd. · Siding on the east side is badly deteriorated. Sheathing beneath has bcen cxposed. . Roof appears to be in an OK condition. Some snow rcmained on roof at time of inspection. Should be reinspected. . No apparent structural damage. . Some areas of the soffit and fascia had some damage. . The interior ceiling had numerous holes punched through the ceiling material. · Thc flooring material was loose and pulliug up from the floor. .:. At a minimum the following rcpairs should be done. . Replace siding on thc cast side of the building. . Repair; rcplacc siding as needed through out the rest ofthe structure. . Remove some cciling material to inspect attic area. Remove any rotted wood or insulation damaged by rodents, moisturc. · Rccover ceiling material with 'i2" plywood. Fasten with screws. . Secure existing flooring to floor joists and recover entire floor with 'i2" treated plywood. Summary It should be noted that the above recommendations are to address immediate concerns. The buildings are generally in poor condition and will need additional repairs in the near future. The odor issue at Freeway Park may not be resolved with a sealant. Health issues may also be of concern. \ \Mctro-inet.us\ardenhills\PR&PW\Recreation\MEMOS\ Warming House inspection report06.DOC . . . . . . City Council Meetiul! Mav 8, 2006 Attachment 7B - 5 Warming House Repair Estimates from Jim Perron, 0 & M Superintendent :Freewav and Hazelnut Warming House Repair Estimates FREEWAY ~~ . Roofing S R N Materials: hingles $110.00 oiled Felt $30.00 ails $6.00 $146.00 $146.00 $146.00 -,-- ascia and Trim $618.00 $618.00 $618.00 __o_ n $ ] 85.00 $185.00 $185.00 or Sealer $40.00 $40.00 $40.00 Bricks $30.00 $30.00 $30.00 Material: /2 Inch $228.00 /8 Inch $192.00 $228.00 $192.00 -- Material: 4 Inch Treated $444.00 2 Inch CDX Plywood $145.00 $444.00 $145.00 ----.., 50.00 $50.00 $50.00 . ..- Total $1,741.00 Total $1,406.00 .. Total Soffit, F Insulatio Attic Od Caulking Ceiling I 3 Flooring 31 If: Paint . Roofing Materials: Shingles Rolled Felt Nails Total Siding (east sidc only): 3/8 4x8 Tongue and Grooved Primed Insulation Ceiling Material: 1/2 Inch 3/8 Inch Flooring Material: 31. Inch Treated V,}nch CDX Plywood Paint $110.00 $30.00 $6.00 $146.00 $146.00 $146.00 $100.00 $185.00 $100.00 $185.00 $100.00 $185.00 $228.00 $192.00 $228.00 $192.00 $444.00 $145.00 50.00 Total $444.00 $50.00 $1,153.00 Total $145.00 .-. $50,00 $818.00 A dumpster rolloff would be needed if the buildings were to be removed. The cost is $285.00 for a 20 yard dumpster. A dumpster would be ueeded at each building site. . * The estimates do uot include the cost of labor. \\J\.1etl"o-inct.uS\ArdcnHiIIs\PR&I'\V\Parks\Frceway and Hazelnut Warming House RCj)air Estimate 03-06.doc . . . City Council Meetinl! Mav 8, 2006 Attachment 7B - 6 Estimate for Electrical Relocation U,J.' ......1... c~":..!o ~....).:::. M.l.' c.L..C'_I'"'-t\... .....U!'U.... .~ O;:iJ,(-:;!c.fODlQ NU,bl.,) ~l -~ , ---- -' SINCE 1919 1522 s3'" Lane WE Blaine, MN 55449 OffiCE NUMBER 763.511.1267 F~ NUMBER 763.5]1,4135 . DESIGN CUSTOM BUILD An f4ua1 0pp<YtuniIy Employer City of Arden Hills ATfH: Jim Perron DATE: March 30, Z006 fROM: Briilll Kovar /IIf.J,,~_- RE: l'iIr1< work - services for lighting Jim, NOTES: please review NO. OF PAGES: 1 Per site review; F....w.y Pork: '" Demo wiri.ng from existing structure . Proyjde a new self-standing structure created out of pOSlS ond lI'<ated plywood for dle new panel and meler to be mounted to. . Provide a Il"W lJlility meter socket and 1 OO-amp panel . Trenching from new panel 10 the existing \llUity pol. . New conduit and wiring from p!ll\el to utility pole . Connect to existing wiring going to pole ligbts (thi. will be tigured on ,ite on how to this will be done) . Permit fees included Above wort oompJele at tim. and materi.l not to exceed $3,825.00 . Valentin, Park: " Provide iIDd inY.aH one new l()()...amp service. cne t.1te existing St:rvice pole with a new "'_ socJret . Wire intO ~xLqjng light CT1 pole . Permit ree Ahove work nOllO exceed $1,423.00 Huclnut ParI<: . Provide a post and plywood base to mount panel on . Att.Wb new panel 10 plywood . Provide wiring l() er.1>'ling light pole circuits from new panel Move wctk nO! (O'e=ed $ i;6(,O.oo Please coJl with. any quest;<>DS /~YO~, ~ (12::::1 ~ President . . . . City Council Meetinl! May 8, 2006 'Attachment 7B - 7 Mobile Unit Cost Estimates ~~re-g Blair (OmniRush) To: Michelle Olson Arden HiI!s.OlyolNJorks Department 3114/200601:18:26Ptv'I page 20f 3' mDI1;I/! lIIinlinc. ( Quotation) Mobile Mini 21044 Chippendale Court Farmington, MN 55024 Printed On: Marcil 14, 2006 Voice:(651 )464-4627 Fax:(651)463-8185 Web Site:www.mobilemini.com . Quoted For: Shipping To: Arden Hills,City of !Works Department 1245 W. Highway 96 Arden Hills, MN 55112 USA Attn: Jim Perron Valentine Park Counly Road E J Arden Hills, MN 55112 USA Attn: Michelle Olson Thank you for the opportunity to speak with you on the phone. Enclosed is the pricing you requested. I am certain you will find that Mobile Mini. Inc_ has the answer for your storage and office needs. Mobile Mini began providing storage solutions in the early 1980's Security & service is our trademark Mobile Mini patented a high security locking system that replaces the obsolete "lock box" used by other container companies. Mobile- Mini OffNS theIr customers a complete line of newly manufactured and highly recQnditioned security storage units. office units. record vaults and custom configurations. Units are ovaitilble for rent, purchase or lease purchose_ ~- ----------- ---. --- -- Quoted By Quote Date Quote For Page # Quote # GBLAIR 3/14/2006 8x40 Security Office Site 3 1 3486 Quantity Description Unit Price Extended Price - 1.00 40' OB Open Bay Office $33500 $335 00 ./ Ground mounted unit includes Mobile Mini's high security personnel doors and security bars on art windows. Rate based on 2 billing cycles 100 Security Deposit Refundable- Security Deposit $700 00 $200 00 ./ '1.00 LLW Limited Uability Waiver $40.20 $4020 ./ Only 12% of rental rate. No deductible on Containers_$1000 I Deductible on Mobile Offices and Steel Offices 1.00 I PPE Pers.onal Property expense I $4.501 $450 ./ 1_00 I Delivery Transportation to Site I $105001 $10500 ./ 1.00l Return Transportation from Site I 1105_00 f $105.00 ./ -per rr)[Xrl--h - One TI'rne . \pe.. "",,1<- .. )ore ,,"'* ..,/= Taxable Item Quotation has 6 line items NonTaxable SubTotal: Taxable SubTotal' 6.50'% Sales Tax' $0.00 $789.70 $5134 $841.04 Quoics Gre valid for 30 doys and ;)re subject to the terms and condibons of the contr;Jct agreement IF IT IS SECURE.. IT IS A MOBILE MINr AT MOBIL F MINI WE HAVF Al I THE PRODUCTS TO FIT AU OF YOUR STORAGE NEEDS CALL NOW TO RESERVE YOUR UNIT Sincerely. Nicholas Bedeft nbcdcH@mobileminLcolTl . Greg Blair (OmniRush) To: Michelle Olson Arden Hills,Cily of !Works Department 3/14/2006 Ot:16:16PM page 2 of 3 .shill! minline. . ( Quotation J Mobile Mini 21044 Chippqndale Court Farmington, MN 55024 Printed On: March 14, 2006 Voice;(651 )464-4627 Fax;(651)463-8185 Web Site:www.mobilemini.com Quoted For: Arden Hflls,City of /Works Department 1245W. Highway 96 Arden Hills, MN 55112 USA Attn: Jim Perron Shipping To; ~~~V"'JAl HClzelnu+ ?JtI<.. J Arden Hills, MN 55112 USA Artn: Michelle Olson Thank you for the opportunity to speak with you on the phone. Enclosed is the pricing you requested_ I am certain you will find that Mobile Mini, Ine has the answer for your storage and office needs_ Mobile Mini began providing storage solutions in the early 1980's. Security & service is our trademark Mobile Mini patented a high security locking system that replaces the obsolete "lock box" used by other container companies. Mobile Mini offers their customers a complete fine of newly manufactured and highly reconditioned security storage units. office units. record vaulls and custom configurations. Units are available for rent, purch;Jse or le;Jse purchase. . C--"- --- ~ Quoted By Quote Date Quote For Page# Ouote# GBLAIR 311412006 8x40 Security Office Site 2 1 ;3.184 Quantity Description UllitPrice Extended Price 100 40' OB Open Bay Office $33500 $33500"/ - Ground mounted unit includes Mobile Mini's high security personnel dools and security bars on all windows. Rate based on 2 billing cycles. 100 Security Deposit Refundable Security Deposit $200 00 $'00 00 ,,/ ~ 1_00 LLW Limited Liability Waiver $40.20 $4020"/ . Only 12% of rental rate. No deductible on Containers.$1000 I > l I Deductible on Mobile Offices and Steel Offices , 1_001 PPE Personal Property Expense I $4.501 $4.50./ 1.001 Delivery Transportation to Site I $105_001 $10500 ,,/ J 1.00f Return Transportation from Site J $105_00 I $105.00../ pel' m:)n~ ore -no'lt P{I n'on~i\ j )(\t Ll~Y;( .../== Taxable Item Quotation has 6 fine items NonTaxable SubTotal Taxable SubTotal 6.50% Sales Tax: $0.00 $789.70 S5134 $341.04 Quotes are valid for 30 doys ond are subject 10 the terms and conditions of the contract agreement IF IT IS SECURE.. IT IS A MOBILE MINI AT MORII F MINI WE HAVE ALL THE PRODUCTS TO FIT ALL OF YOUR STORAGE NEEDS CALL NOW TO RESERVE YOUR UNIT Sincerely. . Nicholas Bedefl nbedeil@mobrlemini.com '\:ireg Blair (OmniRush) To: Michelle Olson Arden Kills,Qty 01 (Works Department 3114/2006 01:16:16PM page a Qf 3 IIIDbile minline. ( Quotation I Mobile Mini 21044 Chippendale Court Fannington, MN 55024 Voice:(651)464-4627 Fax:(551)463-8185 Web Site:www.mobilemini.com Printed On March 14, 2006 Quoted For: Shipping To: ~ Fre;cJ(\1 Pil..I(, ] Arden Hills, MN 55112 USA Attn: Michelle Olson Arden Hills,City of fWorks Departmenf 1245 w. Highway 96 Arden Hills. MN 55112 USA Attn: Jim Perron Thank you for the opportunity to speak with yOu on the phone Enclosed is the pricing you requested. I am ceria in YOll will find that Mobile Mini, Inc. has the answer for your storage and office needs Mobile Mini began providing storage sofutions in the early 1980's. Security & service is our trademark. Mobile Mini patented a high security Jacking system that replaces the obsolete "lock box" used by other container companies. Mobile Mini offers. their customE'fS a complete line of newly manufactured and highly reconditioned security storage units, office units. record vaults and custom configurations Units ;)re nvnilable for rent, purchase or lease purchnse - ------ ~~ Quoted By Ollote Date Quote For Page # Quote # GBLAIR 3/14/2006 8'x40' Open Bay Site 1 1 3483 - ~ ~- Quantity Description Unit Price Extended Price - 100 40' OB Open Bay Office $335.00 $33500 ./ - f Ground mounted unit includes Mobile Mini's high security personnel doors and security bars on all windows Rate based on 2 bifling cycles 100 Security Deposit Refundable- Security Deposit $200 00 $/00 00 ./ ~ 1,00 LLW Limiled Liability Waiver $40.20 $4020 ./ Only 12% of rental rate. No deductible on Containers.Si100D > l ... I ~"C,"" """-,,. "", u." I 1.00 r PPE Personal Property Expense I $450 I $4.50./ 100 I Delivery Transportation to Site I $10500 I S105.00 ./ '> 1,00) Retum ~r_;:msportation from _S~te I $105.001_ $10500./ / ../ '" Taxable Item Quo1ation has 6 line items NonTaxable SubTotal: $0.00 $789.70 $5134 T axabJe Sub T ofal 6.50%, Safes Tax. $841.04 Quotes are v,3lid for 3-0 dLlYS and ;)re subject to the terms and conditions of the contract agreement IF IT IS SECURE u IT IS A MOBILE MINI AT MOBILF MINI WE HAVF ALL THE PRODUCTS TO FIT ALL OF YOUR STORAGE NEEDS CALL NOW TO RESERVE YOUR UNIT_ Smcelely. Nicholas Bedell nbedeU@mobileminicom . I8ffYIar"#"" Of\e fj,n,o. th W,""T" Ol't -hro..{ . . . . City Council Meetinl! May 8, 2006 Attachment 7B - 8 Photos ofSt. Michael Portable Warming House . . . . . , ....~ < . . . . . . . . City Council Meeting May 8, 2006 . Attachment 7B - 9 Estimate to Construct New Warming Houses . . . . . APi 2{ 2006 9:26AM KRAUS A~DERSON LING NO. 204 PI/I 479 Apollo Drive, Lino Lakes, MN 55014' 763.792-3677 . Fax: 763.792.3678' www.krausanderson_com An Equal Opponu~"ity Employer April 24, 2006 t:'f!t Kraus-Anderson. IM:i.l SPECIAL PROJECTS Mr. Dave Schemel City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 via fax: 651-634-5137 RE: Warming Houses Arden Hills Public Parks Arden Hills, MN Dear Mr. Scherbel: In accordance with your request. we are pleased to prel$tnt the following bid to construct new warming houses at your Arden Hills Public Parks. The following scope of work includes alllabof7 materials, and equipment to construct (1) warming house at (1) locations: . Excavation for gra yel base. Import and placement of 6" of class five gravel base rock. Rough lumber and sheathing, insulation, trusses, (2) \vindows, exterior door and frame, soffits, asphalt shingles, and exterior pine paintable siding Painting of exterior siding only. New lOOamp sequeuce cabinet .and disconnect. New 100amp overhead maSS and load center. New 5kw electric unit heater with thermos.tat. New incandescent lOOwattjeUy jar lights. New switch and outlet. Penrritsand insurance. . . . . . . . TOTAL EACH: $19,679.00 .Clarifications 1. We do not include power company hook-ups. 2. We do not include removal of existing warming houses. 3, We do not include painting of interioIs. 4. We have included treated lumber whete required, plywood interior walls and ceilingl ins.ulation throughOut, and venting as required. 5. We Can provide material list if requested. Please feet free to contact me upon YUlU review_ v cry truly yours, Kraus-Anderson., SPECIAL PROJECTS /~L N~t Justin J. Webster Project Manager JJWlkj City Council Meeting Mav 8, 2006 . Attachment 7B - 10 Memo from Kris Giga, City Engineer regarding Valentine . . . . . ~ ~ EN HILLS MEMORANDUM DATE: May 3, 2006 TO: Michelle Olson, Rccreation Program Supervisor FROM: Kristine Giga, Civil Engineer SUBJECT: Valentine Park Per your request, I have reviewed the existing conditions at Valentine Park. The park currently experiences drainage problems due to the minimal difference in elevation between the park and the ordinary water level of Lake Valentine. The Local Stonnwater Management Plan prepared by SEH in 2001 identifies Valentine Park as the location of a regional pond. The proposed regional pond would serve a drainage area of 58 acres. The proposed size of the pond, as reported in the management plan, is 2.46 acres in surface area, or approximately 85% of the area of the park. The Parks, Trails and Open Space Plan prepared by the PTRC in 2002 proposed improvements to Valentine Park. The proposal includes two ponding areas, stonn sewer and overall drainage improvements, replacement of park and play stmetures, the parking lot and the constmction of a new trail. Estimated costs were listed at $140,000 for these improvements. Due to an increase in constmction costs over the last 5 years, a revised estimate should be used for planning and budgeting purposes. An estimated cost for pond constmction, drainage improvements (regrading the park), basic landscaping, and parking lot, trail and half-court basketball construction is about $220,000, including estimated engineering fees. This cost is preliminary and docs not include park structure improvements. A study of the entire drainage area is recommended prior to improvements at the park. This would assist in preventing adjacent properties and the neighborhood overall from experiencing drainage problems as a result of changes made to the park. C\Documents ,md Settings\michel1c.olson\l.ocal Settings\Temporary Internet Fiks\OI.K4 ]\5-3-06 i\:lcmo Valentine Park_doc . ~ ~HILLS City of Anlen lIil1s Request for COlUlCil Action Prepared by: KAG Dept.: Engineering Council Mtg. Date: 5/8/2006 Final Action Needed By: Agenda Item IJ~ URS Contract Budgeted Amount: Actual Amount: Funding Source: Council Action Request: Motion to approve Ihe revised contract for engineering services with URS and authorize City staff to complete and execute the associated documents. Staff Recommendation: Approve the revised contract with URS for engineering services and authorize staff to complete and execute the associated documents. Advisory Commission Action: Commission Date Action Supporting Documents (which are attached to this Action Form): . 0 Memo/Letter: o Resolution (No. ) o Ordinance (No. ) [2J EngineeringRecommendation: See the attached memorandum. o Attorney Recommendation: [2J Other: Original contract with URS (BRW, Inc.) and letter from URS with contract revisions Financial Implications: See the attached memorandum. Administrator/Staff Comments: . Page 1 of 1 ~ ~ EN HILLS . MEMORANDUM DATE: May 3, 2006 AGENDA ITEM 7.C TO: Mayor and City Council Michelle Wolfe, City Administrator Kristine Giga, Civil Engineer .~ FROM: SUBJECT: URS Contract Renewal BACKGROUND The City of Arden Hills has had a cootract with URS for engincering services since January 1998. At the timc ofthe original contract, URS was known as BRW, Inc. Since this original contract has been in place, changes have taken place at the City. The City has entered into a Joint Powers agreement for engincering services with the City of Roseville. The agreement with Roseville includes some tasks previously performed by URS; therefore, the URS contract needs to be revised accordingly. . DISCUSSION The most notable revision to the contract with URS will be the removal of the monthly retainer fee. Tasks identified in this section of the contract are now tasks that are incorporated into the agreement with Roseville, such as attending Council mectings and work sessions, providing day to day support to other City staff members, Council members, and the general public, and answering resident questions and concerns. Tasks previously identified in the monthly retainer will be added to miscellancous services that are available as needed/requestcd by the City. FINANCIAL IMPLICATIONS The monthly retainer will be eliminated from the contract. Miscellaneous services prcviously had been billed at a factor of 2.2, plus expenses. URS has proposed to lower this factor to 2.0 based on lower fixed costs and risks with such services performed for the City in the past. Planned engineering projects will be incorporated into the budget and funded from applicable sources. CONCLUSION Staff rccommends approving the revised contract with URS for engineering services and authorizing staff to prepare and execute the associated documents. . \\mctro-inet\ardc-nhills\PR&PW\Engineering\2006\CounciJ Actions\5-3-06 Memo URS contract.doc . . . May I, 2006 Ms. Michellc Wolfe City Administrator City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 RE: Professional Services Agreement Proposed Contract Modifications Dear Ms. Wolfe, Based upon our recent discussions regarding the professional servjces provided to Arden Hills by URS and the new part time civil engineer position incorporated into City staff we are proposing that our professional servjces contract be modified as follows: Section 2 - Basic Services I. Section 2.S Monthly Retaincr Services: Delete this section in its entjrety. Section 3 - Additional Services of the Engincer I. Add the following section: "Seetjon 3.6.14 Attendance at City Council mcetings, Planning Commission meetings, City Staff meetings and other meetings as requested by the City and that are not integral to projects for which separate work orders are in effect." Section 6 - Paymcnts to Engineer l. Add the following section: "Section 6.2.5 For additional services outlIned in Section 3.6, the CITY shall pay ENGINEER the direct salary cost of employees pe.formjng thc additional services multiplied by a factor of 2.0, plus expenses." (OUf current contract provides for billing miscellaneous on-call cngineering services at a factor of 2.2. We are proposing the lower factor of 2.0 to reflect the lower fixed costs and risk observed with the on-call miscellaneous work that we have perfonned for the City) URS Ms. Michelle Wolfe May 1,2006 Pagc 2 . Section 9.1 - Termination 1. Replace existing sentence with the following: "The obligation to provide further services undcr this Agreement as amended may bc terminated by either party upon 30 days wnlten noticc." We are pleased to offer these amendments to our contract in conjunction with our ongoing working relationship that we have developed with the City over the past several years. Again, we thank you fOf the opPoftunity to provide these scrvices and look forward to continuing our work with you and City staff on projects in the future. Please call if you have any qucstions or we can provide any additional infonnation. Sincerely, o'""o/~_ . Copy Tom GeearflJRS Frank TicknorfURS Thresher Square 700 Third Street South Minneapolis, MN 55415 Phone: (612) 370~07OO Fax: (612) 370~1378 . . . . January 8, 1998 c.< !'-.~c, \ ir-o e ...r- CITY OF AROfJ ~~LS 1450 WEST HIGHWAY 96 ARDEN HILLS, MN 55112-5794 Gary Ehret, P.E., Vice President Gregory Brown, P.E., Projeet Manager BRW, Inc. Thresher Square - 700 Third Street S tvlinneapolis, tvfN 55415 RE Contract for Engineering Services Gentlemen: Enclosed, you wi II find an executed copy of the contract for engineering services with BRW, Inc. \Ve appreciate your patience as we've made the transition in consultants. Your prof(;,sional approach and willingness to participate has been exciting for our Department Heads. We look forward to working with you in 1998. Should you have any questions, please let n1C kno\<v. Sincerely, ~F Brian Fritsinger City Administrator BFisls Enclosure CCiTerrance R. Post, City Accountant Dwayne Stafford, Public Works Superintendent Kevin Ringwald, Community Development Director Cindy Walsh, Parks and Recreation Director PHONE: [6121 633-5676 . FAX 16121 633-7839 AGREEMENT BETWEEN THE CITY OF ARDEN HILLS AND BRW, INC. FOR PROFESSIONAL ENGINEERING SERVICES . THIS IS AN AGREEMENT made as of November t, t 997, between the City of Arden Hills, a municipal corporation of the State of Minnesota ("CtTY") with an otTice at 1450 West Highway 96, Arden lIills, MN, 55112- 5794 and BRW, Inc. atso known as BRW Planning, Transportation and Engineering, Inc., a Wyoming corporation ("ENGINEER") with an omce at 700 Third Street South, Minneapolis, MN, 55415. CITY intends to secure professional consulting engineering and/or land survey services on an ongoing basis for multiple projects (referred to herein as the "Project") and on a retainer basis, subject to and according to the tenns of this Agreement. BRW shall issue a project speeitle Work Order in the form attached as Exhibit A ("Work Order Fonn") for each project for the CITY's approval. Services shall commence upon BRW's receipt of an executed Work Order from the CITY. Work Orders may, by mutual agreement between CITY and ENGINEER, alter the tenns of this Agreement for a specific project. CITY and ENGINEER in consideration of their mutual covenants herein agree in respect of the perfonnance or furnishing ofprofcss.ional engineering services by ENGINEER with respect to the Project and the payment for those services by CITY as set forth below. This Agreement will become effective on the date first above written. SECTION I - SERVICES OF ENGINEER 1.1 GENERAL ENGINEER shall provide for CITY professional services, either as Basic or Additional Services, in all phases ofthe Project to which this Agreement applies as hereinafter provided. The services will include serving as CITY's professional engineering representative for the Project, providing engineering consultation and advice and furnishing customary general municipal engineering, land surveying, wetlands and drainage, geotechnical, and traffic and transportation engineering and other engineering services thereto. ENGINEER is an independent provider of professional engineering and/or land surveying services, responsible for the means and methods used in performing ENGINEER's services pursuant to this Agreement. . SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 STUDY AND REPORT PHASE Aller receipt of an executed Work Order for such services, ENGINEER shall: 2. t.1 Consult with CITY to clarify and define CITY's requirements for the Project, review available data and attend necessary conferences and be available for general consultation. 2. t.2 Advise CITY as to the necessity ofCtTY's providing or obtaining from others data or services of the types described in paragraph 4.9 which are not part of ENGINEER's Basic Services, and assist CITY in obtaining such data or services. 2.].3 Identify and analyze requirements of govemmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 2.1.4 Provide analyses ofC1TY's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 2.1.5 Provide a general economic analysis of CITY's requirements applicable to various alternatives. . ARDEN. WPD Rev. December 12, 1997 . . . 2. t.6 .Ibe ENGINEER shalt conduct and prepare preliminary studies, layouts, sketches, preliminary field work, preliminary cost estimates, estimates of assessment rates, and shall assist the CITY in obtaining required subsurface investigations as required for the preparation of Feasibility Reports. Feasibility Reports shall conform to the fonnat presented in Exhibit B of this Agreement, "Feasibility Report Fonnat". The report shalt contain schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including appticabie requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to CITY and selling forth ENGINEER's rmdings and recommendations. The Feasibility Report shalt include a project schedule .nd shalt identifY the benefiting .rea(s) andJor owners. The Feasibility Report wilt be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: construction cost and indirect cost consisting of engineering costs and contingencies, and (on the basis of infonnation furnished by CITY) allowances for such other items as charges of all other professionals and consultants, for the costs ofIand and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for CITY pursuant to paragraphs 4.7 through 4.1 t, inclusive. 'Ibe total of all construction and indirect costs are hereinafter called "Total Project Costs". 2.1.7 Furnish a draft of the Study and Report documents and review them in person with the ClTY. 2.1.8 Revise the Report in response to CtTY's comments, as appropriate, and furnish final copies oflhe Report in the number set forth in any Work Order and within the time frame set forth in the Work Order. 2. t.9 ENGINEER shall assist with presenting the Feasibility Report to the proper reviewing agencies and to the City Council. The ENGINEER shall appear at the public hearing to present the inronnation. The duties and responsibilities of ENGINEER during the Study and Report Phase as set forth in this paragraph 2. I are amended and supplemented as indicated in any Work Order. 2.2.. PRELIMINARY DESIGN PHASE After receipt of an executed Work Order for such services, ENGINEER shall: 2.2.1 ]n consultation with CITY and on the basis of the accepted Study and Report documents, determine the general scope, extent and character of the Project; attend necessary conferences and be available for general consultation. 2.2.2 Prepare Preliminary Design doclUnents consisting offmal design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 2.2.3 Advise ClTY if additional data or services of the types described in paragraph 4.9 are necessary and assist CITY in obtaining such data and services. 2.2.4 Based on the infoIDlation contained in the Preliminary Design documents, submit a revised opinion of probable Total Project Cost. 2.2.5 Furnish copies of the Preliminary Design documents in the number established in the Work Order and present and review them in person with CITY. 2.3 - FINAL DESIGN PHASE After authorization to proceed with the Final Design Phase, ENGINEER shall, ifset forth in a Work Order: 2.3.1 On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs prepare for incorporation in the Bidding Documents final drawings (herein called "Drawings") to show the general scope, extent and character of the work to be furnished and performed by the contractor (herein catted "Contractor(s)") and Specifications. ARDEN.WPD Rev. December 12, 1997 2 23.2 Provide technical criteria, written descriptions and design data for use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the Project, and assist CITY in consultations with appropriate authorities. ENGINEER shall submit an applications to the appropriate agencies and submit copies to CtTY. . 2.3.3 Advise CITY of any adjustments to the latest opinion of probable Total Project Cost caused by change in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to CITY a revised opinion of probabte Total Project Cost based on the Drawings and Specifications. 2.3.4 Prepare for review and approval by CITY, its legal counsel and other advisors, contract agreement [anTIs, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents. 2.3.5 Attend necessary conferences and be available for general consultation. 2.3.6 Furnish the number of copies set forth in the Work Order of the above documents and of the Drawings and Specifications set and present and review them in person with the CITY. 2.3.7 Furnish one copy of an design calculations ifrequested by CtTY. 2.4 - BIDDING OR NEGOTIATING PHASE 2.4. I ENGINEER shall prepare and forward the Advertisement for Bids to the designated publications, official newspaper and the CITY. The ENGINEER shall supply the number of sets offull size finat Plans and Specifications set forth in the Work Order far use in obtaining proposals and submitting for general review. ENGINEER shall maintain a record of prospective bidders to whom Bidding Documents have becn issued, attend pre-bid conferences and receive and process deposits for Bidding Documents. 2.4.2 Documents. ENGINEER shall issue addenda as appropriate to interpret, clarity or expand the Bidding . 2.4.3 ENGINEER shall consult with and advise CITY as to the acceptability of subcontractors, suppliers, and other persons and organizations proposed by the prime Contractor(s) for the portions of the work where acceptabitity is required by the Bidding Documents. 2.4.4 ENGINEER shall consult with and advise CITY concerning and detennining the acceptability of substitute materiats and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 2.4.5 ENGtNEER shall attend the bid opening, prepare bid tabulation sheet> and assist CITY in evaluating bids or proposals and in assembling and awarding contracts for constmction, materials, equipment and services. 2.5 - MONTHLY RETAINER SERVICES 2.5. I ENGINEER shall attend up to three (3) City Couneilmcetings per month when reqnested by CITY staff. It is anticipated that the ENGtNEER will attend twelve (12) City Council meetings over the course of one year. 2.5.2 ENGINEER shall attend Planning Commission meerings when requested by CITY staff. It is anticipated that the ENGINEER will attend two (2) meetings during the course of one year. 2.5.3 ENGtNEER sball attend Parks and Recreation meetings when requested by CITY staff. It is anticipated that the ENGINEER will attend two (2) meetings during the course of one year. . ARDENWPD 3 Rev. December 12, 1997 . . . 2.5.4 ENGINEER shall attend up to five (5) CITY sta!Tmeetings per month. 2.5.5 ENGINEER shall provide up to two (2) hours per month for review of private utility permit applications submitted to CITY. 2.5.6 ENGINEER shall provide up to two (2) hours per month for answering inquiries by developers or other parties seeking information prior to formal development application. 2.5.7 ENGINEER shall provide up to two (2) hours per month for answering telephones inquiries from ClTY Councit members, Commission members, CITY staff, other CITY consultants and the general public. 2.5.8 ENGINEER shall provide up to two (2) hours per month meeting with residents and property owners on site to discuss and document specific issues/concerns relating to existing CITY infrastruchlfe including roadways, utilities and drainage issues as identified by the residents and property owners. 2.5.9 ENGINEER shall provide up to four (4) hours per month providing clerieat and technical support services in conjunction with professional services outlined in paragraphs 2.5.1 through 2.5.8 2.5.10 ENGINEER shall provide up to two (2) hours per month reviewing reports, studies and other pertinent information regarding state-of-the-art materials, processes and equipment which may provide benefit to the CITY through the improvement of infrastmcture maintenance processes or the extension of infrastructure useful life, quality, etc. SECTION 3 - ADDITIONAL SERVICES OF ENGINEER 3.1 ADDITIONAL SERVICES REQUIRING AUTHORIZATION IN ADVANCE If authorized by Work Order ENGINEER shalt furnish or obtain from others Additionat Services of the types listed in paragraphs 3.2 through 3.6~ inclusive. These services are not included as part of Basic Services except to the extent otherwise provided in any Work Order. These services will be paid for by CtTY as indicated in Section 6 or in the Work Order. 3.2 PROFESSIONAL SURVEY SERVICES 3.2.1 Provide legal descriptions and exhibits for all ea~ements, property surveys or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable ContTactor(s) to proceed with their work. 3.2.2 All survey services shall be perfonned by qualified personnel under the supervision of a Licensed or Registered Land SUTVeyor~ and the documents submitted as instl1lments of service shall bear the Surveyor's seal and certification to that effect. 3.2.3 CITY shall inform ENGINEER of existing or suspected hazards on the property prior to commencement of services. 3.2.4 ENGtNEER shall be entitled to rely upon information provided by CITY or CITY's agent, including property descriptions, recorded easements, other evidence of land title~ and drawings prepared by others indicating locations of concealed conditions (underground utilities~ etc.) 3.2.5 ENGtNEER shall survey project area and identity all found property monuments. Upon locating monuments, the ENGINEER shall contact the property owner to confirm existing monumentation prior to commencement of construction. ARDEN.WPD Rev. December 12, 1997 4 3.2.6 When providing construction staking scrvices, ENGINEER shall set one set of stakes only for each task. Any re-staking or staking for tasks, areas, not identified in the Work Order shall be perfonned as an Additional Service. Re-staking or additional staking witt only commence whcn requested by CITY. . 3.2.7 ENGINEER assumes no liability or responsibility for the disnlrbance of any stakes subsequent to the survey crew leaving the work site or where insufficient original stakes remain to be used in verifYing the staking, 3.3 GEOTECHNICAL ENGINEERING SERVICES ENGINEER shall provide subsurface services through an ENGINEER's Consultant, as authorized by the CITY under the following teons and conditions: 3.3.1 It is necessary that borings, excavations and other penetrations be located such that they maintain a minimum safe distance from underground utilities or other man-made improvements. CITY shall advi.se ENGINEER of all utilities that service or are located on the site, as well as any underground improvements located on the sitc. ENGINEER will contact state notification centers, where available, or individual utility owners where a statc notification center is not available, prior to drilling. 3.3.2 Public utility owners. may not provide the locating service on private property. In such situations, CITY is responsible for location of such utilities prior to drilling. 3.3,3 The property O""11er may have private underground improvements which cannot be cleared through the state notification center or public utility owners. The CITY is responsible for location of these improvements. 3.3.4 ENGINEER will not be responsibte for any damages to "non-located" or incorrectly located underground utilities or other man-made improvements. . 3.3.5 CITY acknowledges and accepts that unavoidable contamination risks may be associated with ENGINEER's subsurface drilling, sampling and installation of monitoring devices, Risks include, but are not limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process; containment and proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and replacement of contaminated consumables. CITY and ENGINEER agree that the discovery of unanticipated actual or suspected hazardous materials may make it necessary for ENGINEER to take immediate measures to protect hmnan health and safety, and/or the environment. CITY and ENGINEER also agree that the discovery of such materials constinltes a changed condition which may result in added costs to CITY, and may require a renegotiation of work scope or temlination of services. 3.3.6 CITY agrees to hold haon!ess and indemnify ENGINEER from and against liability associated with contamination. 3.3.7 Equipment lost in bore holes may be required to be retrieved or property abandoned by government agencies. ClTY agrees to pay ENGINEER all costs related to retrieving and/or abandoning such equipment at ENGINEER's prices, unless agreed otherwise. 3.3.8 CITY recognizes that unavoidable risks occur whenever engineering or related disciplines are applied to identify subsurface conditions. Even a comprehensive sampling and testing program performed in accordance with a professional standard of care may fail to detect certain conditions, because they are hidden. For similar reasons, actual environmental, geologic and geotechnicaJ conditions that ENGINEER characterizes to exist bctween sampling points may differ significantly from those that acnlally exist. The passage oftinle must also be considered, and CITY recognizes that, due to natural occurrences or direct or indirect human activities at the site or distant from it, acnl3l conditions discovered may change. ClTY recognizes that nothing can be done to eliminate the risks associated with these limitations. . ARDEN.WPD 5 Rev. December 12, 1997 . . . 3.4 CONSTRUCTION PHASE During the Construction Phase, CITY may authorize ENGINEER to perform one or more ofthe following services: 3.4.1 General Administration afConstruction Contract. ENGINEER shall consult with and advise CITY and act as CITY's representative. All of CITY's instructions to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of CITY to the extent provided in BRW's General Conditions to the Construction Contract except as otherwise provided in writing. BRW's General Conditions to the Construction Contract shall not be modified except to the extent provided in any Work Order without the written agreement of the ENGlNEER. 3.4.2 Visits 10 Site and Observation afConstruc/ion. ]n connection with observations of the work of Contractor(s) while it is in progress: 3.4.2.t ENGINEER shall make visits to the site at intervals appropriate to the various stages of constmction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects ofContractor(s)' work. In addition, if requested by CITY, ENGINEER shall provide the services ofa Resident Projcct Representative (and assistants as agreed) at the site to assist ENGINEER and to provide more continuous observation of such work. Based on information obtained during such visits and on such observations, ENGINEER shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and ENGINEER shall keep CITY informed of the progress of the work. 3.4.2.2 The Resident Project Representative (and any assistants) will be ENGINEER's agent or emptoyee and under ENGINEER's supervision. The duties and responsibilities oflhe Rcsident Project Representative (and assistants) are set forth in Exhibit C, "Duties, Responsibilities and Limitations of Authority of the Resident Project Representative". 3.4.2.3 The purpose of ENGINEER's visits to the site and representation by the Resident Project Representative (and assistants, if any) at the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase., and, in addition, by the exercise of ENGINEER's efforts as an experienced and qualified design professional. to provide for CITY a greater degree of confidence that the completed work of Contractor(s) will conform in general to the Contract Documents and that the integrity of the design concept ofthe completed Project as reflected in the Contract Documents has been implemented and preserved by Contractor(s). On the other hand. ENGINEER shall not. during such visits or as a result of such observations of Contractor(s)' work in progress, supervise, direct or have eontrot over Contractor(s)' work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected hy Contractor(s), for safety precautions and programs incident to the work ofContractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s)' furnishing and performing the work. Aecordingty, ENGINEER neither guarantees the performance of any Contractor(s) nor assumes responsibility for any Contractor(s)' failure to furnish and perfonn its work in accordance with the Contract Documents. 3.4.2.4 lfENGINEER observes or otherwise becomes aware of defects or deficiencies in the work, or nonconformance to the Contract Documents, ENGINEER shall promptly give v..rritten notice thereof to CITY. 3.4.3 Defective Work. During such visits and on the hasis of such observations, ENGINEER may disapprove of or reject Contractor(s)' work while it is in progress if ENGINEER believes that such work will not produce a completed Project that confonns generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as indicated in the Contract Documents. ARDEN.WPD Rev. December ]2, ]997 6 3.4.4 Clarifications and Interpretations ENGINEER shall issue necessary clarifications and interpretations of the Contract Documents and in cOIUlection therewith prepare work directive changes and change orders as required for CITY's approval. . 3.4.5 Shop Drawings. ENGtNEER shall review and approve (or take other appropriate action in respect of) Shop Drawings, samples and other data which Contractor(s) is required to submit, but only for confonnance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action will not extend to means. methods. teclmiques, sequences or procedures of construction or to safety precautions and programs incident thereto. 3.4.6 Substitutes. ENGtNEER shall evaluate and detennine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor(s), but subject to the provisions of paragraph 3.4.7 Inspections and Tests. ENGINEER shall have the authority. as CITY's representative, to require special inspection or testing of the work, and shall receive and review all certificates of inspections. testings and approvals required by laws, rules, regulations, ordinances, codes. orders or the Contract Document (but only to detennine generally that thcir content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). ENGINEER shall be entitled to rely on the results of such tests. 3.4.8 Disputes between CiTYandean/ractor(s). ENGINEER shall act as initial interpreter of the requirements of the Contract Documents andjndge of the acceptability of the work thereunder and make decisions on all claims of CITY and Contractor(s) rclating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertainiJJg to the execntion and progress of the work, ENGINEER shall respond to all written claims submitted by Contractor(s) in a timely fashion. ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good faith. 3.4.9 Applicationsfor Payment. Based on ENGINEER's on-site observations as an experienced and qualified design professional, on infonnation provided by the Resident Project Representative and on review of applications for payment and the accompanying data and schedules: . 3.4.9.1 ENGINEER shall detemlinc the amounts owing to Contractor(s) and recommend in Vfliting payments to Contractor(s) in such amounts. Such recommendations of payment will constitute a representation to CITY, based on such observations and review. that the work has progressed to the point indicated, and that, to the best of ENGINEER's knowtedgc, infonnation and belief, the qnality ofsnch work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion. to the results of any subsequent test called for in the Contract Documents and to any other qualifications stated in the recommendation). In the case of lmit price work, ENGINEER'5 recommendations of payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). 3.4.9.2 By recommending any payment, ENGINEER will not thereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of Contractor(s)' work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. ENGINEER's review of Contractor(s)' work for the pnrposes of recommending payment will not impose on ENGINEER any responsibility to supervise, direct or control such work or for the means, methods, teclUliques. sequences or procedures of construction or safety precautions or programs incident thereto or Contractor(s)' compliance with laws, rules, regulations, ordinances. codes or orders applicable to their furnishing and perfonning the work. It will also not impose any responsibility on the ENGINEER to make any examination to ascertain how or for what purposes any Contraetor(s) has used the money paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to CITY free and clear of any lien, claims. security interests or encumbrances, or that there may not be other matters at issue between ClTY and Contractor(s) that might affect the amount that shoutd be paid. . ARDEN.WPD 7 Rev. December 12, 1997 . . . 3.4.10 Contractor(s)! Completion Documents. ENGINEER shall receive and review maintenance and operating instmctions, schedules, guarantees, bonds and certificates of inspectioJl, test and approvals which are to be assembled by Contractor(s) in accordance with the Contract Docnments (but such rcview will only be to detennine that their content complies with the requirements of, and in the case of certificates of inspection, tests and approvals the reslltts certified indicate compliance with, the Contract Documents); and shall transmit them to CITY with \\'Tilten comments. 3.4. t I Inspections. ENGtNEER shall conduct an inspection to detenninc if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that ENGINEER may recommend, in writing, finat payment to Contractor(s) and give written notice to CITY and the Contractor(s) that the work is acceptable (subject to any conditions therein expressed), but any such recorrunendation and notice will be subject to the limitations expressed in paragraph 3.4.10. 3.4.12 As-Built Drawings. Upon completion of the Construction Phase, ENGINEER shall prepare a set of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked-up prints, drawings and other data furnished by Contractor(s) and such records maintained by ENGINEER during the Construction Phase. ENGINEER will not be responsible for any errors or omissions in the information provided by Contractor(s) that is incorporated in the record drawings and record documents. Final payment to ENGINEER will be made only after record drawings are received hy CtTY. 3.4.13 Limitation of Responsibilities. ENGINEER shall not be responsible fix the acts or omissions of any Contractor(s), or of any subcontractor or supplier, or an of the Contractor(s)' or subcontractors' or suppliers' agents or employees of any other persons (except ENGINEER's own employees and agents) at the site or otherwise fUnllshing or pcrfom1ing any of the Contractor(s)' work; however, nothing contained in paragraphs 3.4.1 through 3.4.] I inclusive, shall be constmed to release ENGINEER from liabitity for failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents. 3.5 OPERATIONAL PHASE During the Operational Phase, CITY may authorize ENGJNEER to perform one or more of the following services: 3.5.1 Provide assistance in the closing of any fmancial or related transaction for the Project 3.5.2 Provide assistance in connection with the refming and adjusting of any equipment or system. 3.5.3 Assist CITY in training CJTY's staff to operate and maintain the Project. 3.5.4 Assist CITY in developing systems and procedures for control of the operation and maintenance of and record keeping for the Project. 3.5.5 In company with CITY, visit the Project to observe any apparent defects in the completed work, assist CITY in consultations and discussions with Contractor(s) concerning correction of such defects or deficiencies, and make recommendations as to replacement or correction of defective work. 3.5.6 Assist CITY in preparation of assessment roll for ClTY improvement projects, and attend assessment hearings. 3.6 OTHER ADDITIONAL SERVICES In addition to Surveying, Geotechnical Engineering, and Construction Observation services, ClTY may authorize ENGtNEER to pcrfonn any of the following Additional Services: 3.6.1 Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the Project; preparation or review of envirorunental assessments and impact statements; review and evaluation of the effect on the design requirements ARDEN. WPD 8 Rev. December 12, 1997 of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. . 3.6.2 Review of developer's plats, concept plans and assistance to developer in preparing a plat; contract administration and constmction observation of developer instaJled improvements; review and finalization of developer's constTIlction record drawings, and work performed in acquisition of easements. 3.6.3 Field services to make measured drawings of or to investigate existing conditions or facilities, or to verifY the accuracy of drawings or other information furnished to ClTY by others. 3.6.4 Services resulting from significant changes in the scope. extent or character ofthe Project or its design including, but not limited to, changes in size, complexity, CITY's schedule, character of constmction or method offmancing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, or documents, or are due to any other causes beyond ENGfNEER's control. 3.6.5 Providing renderings or models for CITY's use. 3.6.6 Preparing documents for alternate bids requested by CITY for Contractor(s)' work which is not executed or documents for out-of-sequence work. 3.6.7 Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing; assisting CITY in obtaining process licensing; detailed quantity surveys of materials, equipment and labor; and audits or inventories required in connection with construction performed by CITY. . 3.6.8 Furnishing services of independent professional associates and consultant's for other than Basic Services (which include, but are not limited to, customary civil, stmcturaJ, mechanical and electrical engineering and customary architectural design incidental thereto); and providing data or services of the types described in paragraph 4.9 when CITY emptoys ENGINEER to provide such data or services in tieu offumishing the same under paragraph 4.9. office. 3.6.9 Services during out-of-town travel required of ENGINEER other thao visits to the site or CITY's 3.6.10 Assistance in cmmection with bid protests, rebidding or renegotiating contracts for constnIction, materials, equipment or services, except when such assistance is required to complete services called for in paragraph 2.4. 3.6.1 I Preparation of operating, maintenance and staffing manuals. 3.6.12 Preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal or administrative proceeding involving the Project. 3.6.13 Additional services in connection with the Project, including services which are to be fumished by CITY under Section 4, and services not otherwise provided for in this Agreement 3.7 REQUIRED ADDITIONAL SERVICES As circumstances may require during the Construction Phase, and when required by the Contract Documents in circumstances beyond ENGINEER's control, ENGfNEF.R shall furnish or obtain from others without waiting for specific authori7.ation for CITY, Additional Services of the types listed in paragraphs 3.7.1 through 3.7.6, inclusive. . ARDEN. WPD 9 Rev. Oecember 12, 1997 . . . These services are not included as part of Basic Services except to the extent provided otherwise by Work Order. ENGINEER shall advise CITY promptly after starting any such Additionai Services which will be paid for by CITY as indicated in Section 6. 3.7.1 Services in connection with work directive changes and change orders to reflect changes requested by CITY if the resulting change in compensation for Basic Services is not commensurate with the Additional Services rendered. 3.7.2 Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by Contractor(s); and services after the award to each contract in evaluating and detennining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor(s). 3.7.3 Services resulting from signifi.cant delays, changes or price increases occurring as a direct or indirect result of material, equipment or enerf:,'Y shortages. 3.7.4 Additionat or extended services during construction made necessary by (1) work damaged by fire or other cause during constructioo, (2) a significant amount of defective or neglected work of any Contractor(s), (3) acceleration ofthe progress schedute involving services beyond nonnal working hours, and (4) default by any Contractor(s). 3.7.5 Services (other than Basic Services during the Operational Phase) in connection with any partial use ofany part of the Project by CITY prior to Substantial Comptetion. 3.7.6 Evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. SECTION 4 - CITY'S RESPONSIBILITIES CITY shall do the following in a timely manner so as not to delay the services of ENGINEER: 4.1 Designate in writing a person to act as CITY's representative with respect to the services to be rendered under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret and define CITY's policies and decisions with respect to ENGfNEERts services for the Project. 4.2 Provide criteria and information as to CITY's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards which CITY wilJ require to be included in the Drawings and Specifications. 4.3 Assist ENGINEER by placing at ENGINEER's disposal all available infonnation pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 4.4 Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services except to the extent provided otherwise as indicated in a Work Order, the following: 4.4.1 Data prepared by or services of others, including without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 4.4.2 Appropriate professional interpretations of all of the foregoing; 4.4.3 Environmental assessments and impact statements; 4.4.4 Property, boundary, easement, right-of-way, topographic and utility surveys' ARDEN. WPV Rev. December 12, 1997 to 4.4.5 Properly descriptions; . 4.4.6 Zoning, deed and other land use restrictions; and 4.4.7 Other special data or consultations not covered in Section 2. CITY shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all reports, data and other information furnished pursuant to this paragraph. ENGINEER may use such reports, data and information in performing or furnishing services under this Agreement. 4.5 Provide engineering surveys, or authorize ENGINEER to establish reference points for construction to enable Contractor(s) to proceed with the tayout of the work. 4.6 Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perfonn services under this Agreement. 4.7 Examine all srudies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER. Obtain advice of an attorney, insurance counselor and other consultants as CITY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services ofENGt.NEER. 4.8 Furnish approvals and pennits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 4.9 Provide such aCCOtUltmg, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as CITY may require or ENGt.NEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as CITY may require to ascertain how and for what purpose any Contractor(s) has used the monies paid under the construction contract, and such inspection services as CITY may require to ascertain that Contractor(s) are complying with any law, rule, regulations, ordinance, code or order applicabte to their furnishing and performing the work. . 4. J 0 If CITY designates a person to represent CtTY at the site who is not ENGt.NEER or ENGt.NEER's agent or employee, the duties, responsibilities and limitations of authority of such other person and the affect thereof on the duties and responsibilities of ENGINEER and the Resident Project Representative (and any assistants) will be set forth in an exhibit that is to be identified, attached to amI made a part of this Agreement before such services begin. 4. J J Jfmore than one prime contract is to be awarded for construction, materials, equipment and services for the entire Project, designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors. 4. t 2 Furnish to ENGt.NEER data or estimated figures as to CtTY's anticipated costs for services to be providcd by others for CITY (such as services pillsuantto paragraphs 4.7 through 4.1 J, inclusive, and other costs of the types referred to in paragraph 2.1.6) so that ENGINEER may make the necessary fmdings to support opinions of probable Totat Project Costs. 4.13 Attend the pre-bid conference, bid opening, pre~construction conferences, construction progress and other job-reJated meetings and Substantial Completion and final payment inspections. 4.14 Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of allY development that affects the scope or timing of ENGINEER's services, or any defect or nonconfonnance in the work of allY Contractor(s). . ARDEN.WPD II Rev. December 12, 1997 . . . 4.15 Furnish, or direct ENGINEER to provide, Additionat Services as stipulated in paragraph 2.1 of this Agreement or other services as required. 4.16 Bear all costs incident to compliance with the requirements of this Section 4, SECTION 5 - PERIODS OF SERVICES The provisions of this Section 5 and the various rates of compensation for ENGINEER's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion ofthe Construction Phase. ENGINEER's obligation to render services hereunder will extend for a period which may reasonably be required for the design, award of contracts, construction and initial operation of the Project including extra work and required extensions thereto. 5. I The services called for in the Study and Report Phase will be completed and the Report submitted with the agreed period after written authorization to proceed with that phase of services is given by CITY. 5.2 After acceptance by ClTY of the Study and Report Phase documents indicating any specific modifications or changes in the general scope, extent or character of the Project desired by CITY, and upon \Witten authorization from CITY, ENGINEER shall proceed with the performance of the services called for in the Preliminary Design Phase, and shall submit preliminary design documents and a revised opinion of probable Total Project Costs within the agreed period. 5.3 Aller acceptance by CITY of the Preliminary Design Phase documents and revised opinion of probahle Total Project Cost, indicating any specific modifications or changes in the general scope, extent or character ofthe Project desired by CITY, and upon written authorization by CITY, ENGINEER shall proceed with the performance of the services called for in the Final Design Phase; and shall deliver Contract Documents and a revised opinion of Total Project Cost for all work ofContractor(s) on the Project within the agreed period. 5.4 ENGINEER's Basic Services for each phase, shall each be considered complete at the earlier of (I) the date when the submissions for that phase havc bccn acccpted by CITY, or (2) thirty (30) days after the date when such submissions arc delivered to CITY for final acceptance, plus in each case such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the design of the Project. 5.5 After acceptance by ClTY of ENGINEER's Drawings, Specifications and other Final Design phase documentation including the most recent opinion of probable Total Project Cost and upon written authorization to proceed, ENGINEER shall proceed with performance of the services called for in the Bidding or Negotiating Phase. This Phase shall terminate and service to be rendered thereunder shatt be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractor(s). 5.6 Ifauthorized by Work Order, the Construction Phase will commence with the execution of the fIrst prime contract to be execuled for the work of the Project or any part thereof, and will terminate upon written recommendation by ENGINEER of final pa:yrnent on the last prime contract to be completed. Construction Phase services may be rendered at different times i~ respect of separate prime contracts if the Project involves more than one prime contract. 5.7 If authorized by Work Order, the Operational Phase will commence during the Construction Phase and will terminate one year after the date of Substantial Completion, as defined in the Contract Documents, if the last prime contract for construction, materials and equipment on which substantial completion is achieved. 5.8 lfClTY has request for significant modifications or changes in the general scope, extent or character of the Project, the time of performance ofENGTNEER's services shall be adjusted accordingly. 5.9 CITY shall give prompt authorization to proceed or not proceed with any phase of services after completion of the immediately preceding phase. ARDEN. WPD 12 Rev. December 12, 1997 5. t 0 If ENGINEER's services for design or during construction ofthe Project are delayed or suspended in whole or in part by CITY for more than three (3) months for reasons beyond ENGINEER's control, ENGINEER shalt on written demand to CITY (but without termination of this Agreement) be paid as provided in paragraph 6.2. If such delay or sllspension extends for more than one year for reasons beyond ENGINEER's control, or jf ENGINEER for any reason is required to render Construction Phase servIces in respect of any prime contract for construction) materials or equipment more than one year after Substantial Completion is achieved under that Project, the various rates of compensation provided for elsewhere in this Agreement shall be subject to equitable adjustment. . 5.11 In the event the work designed or specified by ENG tN EER is to be furnished or performed under more than one prime contract, or if ENGINEER's services are to be separately sequenced with the work of one or more prime contractors (such as in the case of fast-tracking), CITY and ENGJNEER shalt, prior to commencement of the Final Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, Bidding or Negotiating and Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such projects. SECTION 6 - PA YMENTS TO ENGINEER 6.1 GENERAL 6.1. t For Basic aud Additional Services provided by independent professional associates and consultants retained by ENGINEER, CITY shall pay ENGINEER the amount billed to ENGINEER therefor times a factor of] .0, unless otherwise agreed in a Work Order. 6.1.2 When Construction Cost is used as a basis for payment it will be based on one of the following sources with precedence in the order listed for work designed or specified by ENGINEER: 6.1.2.1 For completed construction work, the total construction cost of all work performed as desjgned or specified by ENGINEER, unless otherwise agreed in a Work Order, to include the average of the lowest three (3) responsible bids received. . 6.1.2.2 For work designed or specified but not constmcted, the lowest bona fide bid received fTOm a qualified bidder for such work; or, if the work is not bid, the lowest bona fide negotiated proposal for such work. 6.1.2.3 For work designed or specified but not constructed upon which no such bid or proposat is received, the most recent estimate of Construction Cost, or if none is available, ENGINEER's most recent opinion of probable Construction Cost. 6.1.3 No deduction is to be made from Construction Costs on account of any penalty, tiquidated damages, or other amounts withheld from payments to Contractor(s). 6.2 METHODS OF PAYMENT FOR BASIC SERVICES AND CONSTRUCTION PHASE OF ENGINEER 6.2.1 For Basic Services CITY shall pay ENGINEER on the basis of percentage of Construction Cost in accordance with the attached Exhibit D, "Calculation of Percentage of Construction Cost" or other mutually agreed upon method as stated in the Work Order. 6.2.2 For Basic Services in the Study and Report Phase, ENGINEER shall submit a written cost estimate, based on either a Lump Sum or an Hourly Cost payment method, with or without a cost not to exceed limit. Tfthe Project proceeds to construction, the maximum amOlmt to be paid for this Phase will not exceed thirty-five percent (35%) of the total fee to be paid ENGINEER for Basic Services for the Project in accordance with the percentage of Construction Cost method set forth in 6.2.1. The acmal amount paid for this Phase will then be adjusted not to exceed the thirty-five percent limit. . ARDEN. WPD 13 Rev. December 12, 1997 . . . 6.2.3 For Construction Phase Services ClTY shall pay ENGINEER on the basis often (10) percent of Constroction Cost or other murually agreed upon method as stated in the Work Order. 6.2.4 For Basic Services identified in section 2.5, CITY shall pay ENGINEER a fixed monthty retainer amount of$2,1 80.00, plus reimbursable expenses. 6.3 METHODS OF PAYMENT FOR ADDITIONAL SERVICES OF ENGINEER For Additional Services City shall pay ENGINEER on the basis of ENGINEER's Hourly Costs, attached hereto as Exhibit E, "BRW's Hourly Costs", plus reimbursable expenses, or as otherwise agreed in the Work Order. 6.4 TIMES OF PAYMENTS 6.4.] ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The statements will be based upon mcthods of payment outlined in Sections 6.2 and 6.3. ClTY shall make prompt monthly payments in response to ENGINEER's monthty statements. 6.4.2 Upon conclusion of each phase of Basic Services, ClTY shall pay such additional amount, if any, as may be necessary to bring total compensation paid on account of such phase to the following percentages of total compensation payable for all phases of Basic Services: Phase Percentaee Srudy and Report Preliminary Design Final Design Bidding or Negotiating 35 30 30 ---2. tOO 6.5 OTHER PROVISIONS CONCERNING PAYMENTS 6.5.1 IfClTY fails to make any payment due ENGINEER for services and expenses within thirty (30) days after receipt of ENGINEER's statement therefor, the amounts due ENGINEER will be increased at the rate of one percent (t %) per month from said thirtieth day, and in addition, ENGINEER may, after giving seven (7) days' written notice to CITY, suspend services lmder this Agreement until ENGINEER has been paid in fuU aU amounts due for services, expenses and charges. 6.5.2 In the event of termination by CITY under paragraph 9.1 upon the completion of any phase of Basic Services, progress payments due ENGINEER for services rendered through such phase shall constirute total payment for such services. In the event of such termination by CITY during any phase of the Basic Services, ENGINEER wiU be paid for services acruaUy and necessarily rendered during that phase by ENGINEER's employees and principals directly engaged on the Project, on the basis of ENGINEER's Hourly Costs stated in Exhibit E to the date of termination. 6.5.3 In the event of any such termination, ENGINEER will also be reimbursed for the reasonable charges of independent professional associates and consultants retained by ENGINEER to render such services, and paid for all unpaid Basic and Additional Services, Reimbursabte Expenses. 6,5.4 Records of ENGINEER's Hourly Costs pertinent to ENGINEER's compensation under this Agreement will be kept in accordance with generally accepted aCcOlmting principles. Copies will be made available to CITY at cost on request prior to fmal payment for ENGINEER's services. ARDEN. WPD Rev. December 12, 1997 14 6.5.5 Whenever a factor is applied to Hourly Costs in determining compensation payable to ENGINEER that factor will be adjusted annually and equitably to reflect changes in the various elements that comprise such factor. All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by ENGINEER and consistent with ENGINEER's overall compensation practices and procedures. . 6.6 DEFINITIONS 6.6.1 The Hourly Costs used as a basis for payment means salaries and wages (basic and incentive) paid to all ENGINEER's personnel engaged directly on the Project, inctuding, but not limited to, engineers, surveyors, designers, draftsmen, specification writers, estimators, other technical and business pcrsormeI; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation ad holiday and other group benefits. For the purposes of this Agreement, ENGINEER's Hourly Costs are as shown on Exbibit E. The Hourly Costs of principals of ENGINEER will be adjusted equitably to reflect changes in personnet and in ENGINEER's overall compensation procedures and practices. 6.6.2 Reimbursahle Expenses means the actual reasonable expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants, directly or indirectly in cormection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contmctor(s); providing and maintaining field office facitities including furnishings and utilities; subsistence and transportation of Resident Project Representatives and their assistants~ toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project~related items in addition to those required under Section l; and, if authorized in advance by CITY, overtime work requiring higher than regular rates. SECTION 7 - CONSTRUCTION COST AND OPINIONS OF COST 7.1 CONSTRUCTION COST . The constlllction cost of the entire Project (herein referred to as ''"Construction Cost") means the total cost to CITY of those portions of the entire Project designed and specified by ENGINEER, but it will not include indirect costs such as ENGINEER's compensation and expenses, the cost ofland, rights-of-way, or compensation for or damages to properties Wlless so specified in a Work Order, nor will it include CITY's legal, accounting, insurance counseling or auditing services, or interest and frnancing charges incurred in cormection with the Project or the cost of other services to be provided by others to CfTY pursuant to paragraphs 4.7 through 4.11, inclusive. (Construction Cost is one of the items comprising Total Project Cost which is dermed in pamgraph 2.1.6). 7.2 OPINIONS OF COST 7. t.1 Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s) methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Totat Project Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgement as an experienced and qualified professional engineer, familiar with the construction industry~ but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER. Ifprior to the Bidding or Negotiating Phase, CITY wishes greater assurance as to Total Project or Construction Costs, CITY shall employ an independent cost estimator. 7.1.2 Ifa Construction Cost timit is estabtished in a Work Order between CITY and ENGtNEER, the following will apply: 7.1.2. I The acceptance by CITY at any time during the Basic Services or Additional Services of a revised opinion of probable Total Project or Construction Costs in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost limit to the extent indicated in such revised opmlOn. . ARDEN.WPD t5 Rev. December 12, 1997 . . . 7.1.2.2 Any Construction Cost so established will include a contingency of ten percent (l 0%) unless another amount is agreed upon in writing. 7.1.2.3 ENGtNEER will be permitted to determine what types ofmateriats, equipment and component systems are to be included in the Drawings and Specifications and to make reasonable adjustments in the general scope, extent and character of the Project to bring it within the cost limit. 7.].2.4 Ifthe Bidding or Negotiating Phase has not commenced within six (6) months after completion of the Final Design Phase, the established Construction Cost limit will not be binding on ENGINEER, and CITY shall consent to an adjustment in such cost limit commensurate with an applicable change in the general level of prices in the construction industry between the date of completion orthe Final Design Phase and the date on which proposals or bids are sought. 7.].2.5 If the lowest bona fide proposal or bid exceeds the established Constt1lction Cost limit, CITY shall (l) give written approval to increase the cost limit, (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the Project's general scope, extent or character to the extent consistent with the Project's requirements and with sound engineering practices. In the case of (3t ENGINEER shall modifY the Contract Documents as necessary to bring the Constt1lction Cost within the cost limits. In lieu of other compensation for services in making such modifications, CITY shall pay ENGINEER, ENGINEER's cost of such services, all overhead expenses reasonably rclatcd thereto and Reimbursable Expenses, but without profit to ENGINEER on account of sHch services. The providing of such services will be the limit of ENGINEER's responsibility in this regard and, having done so, ENGtNEER shall be entitled to paymcnt for scrvices in accordance with this Agreement and will not otherwise be liabte to damages attribulabte to the towCS! bona fide proposal or bid exceeding the established Construction Cost. SECTION 8 - STANDARD OF CARE The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENG INEER's profession practicing under similar conditions at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in cOImection with ENGINEER's services. SECTION 9 - GENERAL CONDITIONS 9.1 TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon two days written notice. 9.2 REUSE OF DOCUMENTS 9.2.1 All documents including Drawings and Spccifications prepared or furnished by ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project, and the CITY will be provided with original record drawing copies for information and reference in connection with the use and occupancy of the by CITY and others; however, such documents are not intended or represented to be suitable for reuse by C1TY or others on extensions of the Project or on any other project. Any reuse without vmtten verification or adaptation by ENGINEER for the specific purpose intended will be at CITY's sole risk and without liability or legat cxposure to ENGINEER, or to ENGINEER's independent professional associates or consultants, and CITY shall indemnifY and hold hannless ENGINEER and ENG]NEER's independent professional associates or consultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by CITY and ENGtNEER. CITY understands that any Work Products prepared or provided on electronic media have a limited duration and require use of compatible software and hardware, which may become unavailable over time. ARDEN. WPD 16 Rev. December 72, 1997 9.2.2 When requested by CITY, ENGINEER shall provide relevant analyses, fmdings, reports and construction documents (plans, specifications and estimates) in "hard" copy, and in electronic form, where the Project necessitates the use of CADD materials. The parties agree that the "hard" copy shall govero in the case of a discrepancy between the two versions, and shall be held as the officiat set of drawings, as signed and sealed. . 9.2.2.1 The CITY shall be afforded a period of thirty (30) days in which to check the hard copy against the electronic media. In the event that an error or inconsistency is fOlUlct as a result of this process, the ENGINEER shall be advised and the inconsistency shall be corrected at no additional cost to the CITY. Following the expiration of this thirty-day period, the CITY shall bear all responsibility for the care, custody and control of the electronic media. In addition, the CITY represents that it shall retain the necessary mechanisms to read the electronic media, which the CITY acknowledges to be of only limited duration. All title btocks and the engineer's seat, ifapplicable, shall be removed if and when the CtTY provides the subject CADD drawings/electronic media to any other entity. The CITY agrees not to alter any such information provided by ENGINEER, nor shall it use such information for any plITJlose or proiect other than that intended by this Agreement. 9.3 INSURANCE 9.3.1 ENGINEER shall procure and maintain such insurance as will protcct ENGINEER from claims under the Workers' Compensation Act. 9.3.2 ENGtNEER shall secure and maintain a Professional Liability insurance policy. Said pot icy shall insure payment of damages for legaltiability arising out of the performance of professional services for the CITY, in the insured's capacity as ENGINEER, if such legal liability is caused by an error, omission or negligent act of the insured or any person or organization for whom the insured is legally tiabJc. Said policy shall provide minimum limits of $t ,000,000 with a deductible maximum of $250,000; and shall state that such insurance cannot be canceled nntil thirty (30) days after the CITY has received written notice (upon request) of the insurer's intention to cancel this insurance. . 9.3.3 ENGINEER shall procure and maintain General Liability insurance as will protect ENGINEER from claims for bodily injury, death and property damage ill an annual aggregate of $1,000,000 with coverage for each occurrence of$I,OOO,OOO. CITY shalt be named as an additional insnred on such policy. 93.4 Before commencing its services, ENGINEER shall provide CITY certificates of insurance evidencing the required insurance coverage in a form acceptable to CITY. 9.3.5 At any time CITY may request that ENGINEER, at CITY's sole expense, provide additional insurance coverage, different limits or revised deductibles in excess of those specified above. If so requested by CITY, and if commercially available, ENGINEER shall obtain and shall require ENGINEER's independent professional associates and consultants to obtain such additional insurance coverage, different limits or revised deduetibles, for such periods of time as requested by CITY, and this Agreement will be supplemented to incorporate these requirements. 9.4 INDEMNIFICATION 9.4.1 ENGINEER agrees, to the fullest extent permitted by law, to indemnifY and hold harmtess CITY, its officers, employees and agents from any claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all comi or arbitration or other dispute resotution costs) to the extent caused by the negligent acts, errors or omissions of ENGINEER or ENGINEER's officers, directors, partners, employees, agents and ENGINEER's independent professional associates and consultants in the performance and furnishing of ENGINEER's services under this Agreement. 9.4.2 To the fullest extent permitted by taw, CITY shall indemnifY and hold harmless ENGINEER, ENGINEER's officers, directors, partners, employees and agents and ENGINEER's independent professional associates and consultants from and against any and all claims, costs, losses and damages (including but not limited . ARDENWPD 17 Rev. December 12, 1997 . . . to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) to the extent caused by the negligent acts or omissions of CITY or CITY's officcrs, employees, agents and CITY's consultants with respect to this Agreement. 9.5 CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. 9.6 SUCCESSORS AND ASSIGNS 9.6.1 CITY and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of CITY and ENGINEER (and to the extent permitted by paragraph 9.6.2 the assigns of CITY and ENGINEER) are hcreby bound to the other party to this Agreement and to the partners, successors, executors, administTators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 9.62 Neither CITY nor ENGINEER may assign, sublet or transfer any rights under or interest (including, but without limitation, moncys that may becomc due or moneys that are due) in this Agreement without the written consent of the other, except to the extent that any assignment, sublctting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically statcd to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 9.6.3 Nothing in this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CITY and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CITY and ENGINEER and not for the benefit of any other party. 9.7 COPYRIGHT ENGINEER shall defend actions or ctaims charging infringement of any copyright or patent by reason of the use or adoption of any designs, Drawings or Specifications supplied by it, and it shall hold hanntess the CITY from tosses or damages resulting therefrom. 9.8 DISPUTE RESOLUTION 9.8.] CITY and ENGINEER agree to negotiate in good faith for a period of thirty days from the date of notice of all disputes between them prior to exercising their rights under other provisions of this Agreement, or under law. The parties agree that all disputes remaining umesolved after thirty days will be submitted to a mutually agreeable neutral mediator, as a condition precedent to litigation or other remedies provided by law. The fee and costs of the mediator shall be apportioned equally between the parties. CITY and ENGINEER further agree to consider including a similar mediation provision in aU agreements with independent contractors and consultants regained for the Project and to require all independent contractors and consultants also 10 include a similar provision in all agreements with subcontractors, subconsultants, suppliers, or fabricators so retained. 9.8.2 Claims not resolved by nonbinding mediation or another fonn of alternative dispute resolution, counterclaims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with Construction tndustl)' Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations and restrictions stated in paragraphs 9.8.3 and 9.8.4 below. This agreement to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this paragraph 9.8 will be specifically enforceable under the laws of the State of Minnesota. ARDEN.WPD ]8 Rev. December 12, 1997 9.8.3 Notice of demand ror arbitration must be filed in writing with the other party 10 this Agreement and with the A.mcrican Arbitration Association. The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen and mediation as set forth in 9.8.1 has failed. In no event may the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute oflimitations. . 9.8.4 All demands for arbitration and all answering statements thereto which include any monetary claim must camain a statement that the total sum or value in controversy alleged by the party making such demand or answering statement is not more than $50,000 (exclusive of interest and costs) and the arbitrators will not have jurisdiction, power or authority to render a monetary award in response thereto against any party which totals more than $50,000 (exclusive of interest and costs). The arbitrators will not have jurisdiction, power or authority to consider, or make findings (except in denial or their own jurisdiction) concerning any claim, counterclaim, dispute or other matter in question where the amount in controversy of any such claim, counterclaim, dispute or other maner is more than $50,000 (exclusive of interest and costs). 9.8.5 No arbitration arising out of, or relating to, this Agreement may include, by consolidation,joinder or in any other manner, any person or entity who is not a party to this Agreement. 9.8.6 By written consent signed by all the parties to this Agreement and containing a specific reference thereto, the limitations and restrictions contained in paragraphs 9.8.4 and 9.8.5 may be waived in whole or in part as to any claim, counterclaim, dispute or other matter specifically described in such consent. No consent to arbitration in respect to a specifically described claim, counterclaim, dispute or other matter in question will constitute consent to arbitrate any other claim, counterclaim, dispute or other matter in question which is not specifically described in such consent or in which the sum or value in controversy exceeds $50,000 (exclusive of interest and costs) or which is with any party not specifically described therein. 9.8.7 The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and 1 t of the Federal Arbitration Act (9 U.S.c. **10, 11). . 9.9 NOTICES Any notice required under this Agreement will be in wrjting, addressed to the appropriate party at the address which appears on the fiTSt page oftbis Agreement (as modified in writing from time to time by such party) and given personally, by registered or certified mail, retum receipt requested, by facsimile, or by a nationally recognized overnight courier service. All notices shall be effective upon the date of receipt. 9.10 SlJRYIYAL All express representations, indemnifications or limitations ofliability made in or given in this Agreement will survive the comptetion of all services of ENGtNEER under tbis Agreement or the tennination of this Agreement for any reason. 9.Il ENFORCEABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention ofthe stricken provision. 9.12 EXHIBITS 9.J2.1 The following exhibits are attached to and made a part of this Agreement: . 9.12.l.t Exhibit A, "Work Order Fonn". ARDENWPD t9 Rev. December 12, 1997 . . . 9.12.1.2 Exhibit B, "Feasibility Report Format" 9.12. t.3 Exhibit C, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative" 9.]2.t.4 Exhibit 0, "Calculation of Percentage of Construction Cost" 9.]2.1.5 Exhibit E, "BRW's Hourly Costs" 9.12.2 This Agreement (consisting of pages 1 to 21 inclusive and the Exhibits identified above) constitutes the entire agreenicnt between CITY and ENGINEER and supersedes all prior written Of oral understandings. This AgrccJncnt rnay only be amended, supplemented, modified or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as oflhe dale fjrst above written. BRW, INe. By: BY:..L.__-. ft.;>'! Yl1l11d Dak /':7'-1[, Title: Date: ARDENWPD 20 Rev. December 12, 1997 EXHIBIT A WORK ORDER FORM WORK ORDER NO. This is an authorization to proceed and sitc-spccific scope of services under the Agreement between the City of Arden Hills and BRW dated November J, 1997. Projcct: Location: City Project No.: We hereby authorize you to proceed with thc following phases of services: Payment shall bc on the basis of (select from the following): Hourly Rates plus Reimbursable Expenses: Direct Salary Cost (Direct Salary Cost shall mean the cost of salaries and wages paid to principals and employees engaged directly on the Project, including, but not limited to, engineers, surveyors, technicians, drafters, specification writers, estimators, and secretarial staff, plus cost of fringe benefits, including, but not limited to, Social Security contributions, unemployment, cxeise and payroll taxes, Workers' Compensation, Health and Retirement Benefits, incentive compensation, sick leave, and vacation and holiday pay applicable thcreto) times a factor of2.2. . Lump Sum: One sum payable by pcrcent of completion ofthe Services. The sum includes costs, expenses and fee. . Percent of Constmction Cost: In accordancc with Exhibit 0 of the Agreement. The estimatcd Total Fee for BRW under this Work Order is: The Final Completion Date/Schedule for the services included under this Work Order is: BRW, fNC. CITY OF ARDEN HILLS Signed: Signed: Title: Title: Dated: Datcd: ARDEN.WPD Exhibit A - I Rev. December 12, 1997 . . . . . . EXHIBIT B FEASIBILITY REPORT FORMAT I. COVER A. City Project Number B. Brief Project Description and Location C. Datc D. Engineering Finn Preparing Report E. Professional Engineer's Certification II. REPORT A. Introduction I. Project History 2. Issues Presented B. Proposed Public Improvements I . Storm Sewer 2. Sanitary Sewcr 3. Water Main 4. Streets 5. Street Lighting 6. Other c Project Issues 1 . Drainage and Surface Water Management 2. Traffic Issues 3. Environmental and Other Issues a. Penn its D. Project Schedule I. Public Hearing 2. Plans and Specifications 3. Advertising Requirements 4. Bid Receipt Date 5. Anticipated Construction Schedulc 6. Anticipated Assessment Date E. Estimated Costs I. Breakdown of Each Element (project to time of construction) a. Sanitary b. Water Main c. Storm Sewer d. Streets e. Other Method of Financing I. Special Assessments 2. State Aid 3. County Aid F. ARDEN.WPD Exhibit B-2 Rev. December 12, 1997 G. Right-of-Way and Easements J. Gcneral Description of Possible Ea,ements 2. Cost Estimates for Easements H. Summary and Recommendations ARDENWPD Exhibit B-3 Rev. December 12, 1997 . . . . . . EXHIBIT C DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE If so directed by an executed Work Order, ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing progress and quality of the work ofContractor(s). Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for CITY against defects and dcficiencies in the work ofContractor(s). However, ENGINEER shall not, during such visits or as a result of such observations ofContraetor(s)' work in progress, supervise, direct, or have control over Contractor(s)' work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedure selected by Contractor(s), for safety precautions and programs incident to the work ofContractor(s), for any failure ofContraetor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s)' performing and furnishing the work, or responsibility of constrnction for Contractor(s)' failure to fumish and perform the Work in accordance with the Contract Documents. In particular, the specific limitations set forth in paragraph 2.5 afthe Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER's agreement with the CITY and in the construction Contract Documents, and are further limited and described as follows: A. General RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and Contraetor(s), keeping CfTY advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor(s). RPR shall generally communicate with CITY with the knowledge of and under the direction ofENGfNEER. B. Duties and Responsibilities ofRPR I. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by Contractor(s) and consult with ENGINEER conceming acceptability. 2. Conferences and Meetings: Attend meetings with Contraetor(s), such as preconstruct ion conferences, progress mectings, job conferences an other Project-related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Service as ENGINEER's liaison with Contractor(s), working principally through Contractor(s)' superintendent and assist in understanding the intent of Contract Documents; and assist ENGINEER in serving as CITY's liaison with Contractor(s) when Contraetor(s)' operations affect CITY's on-site operations. ARDEN. WE'D Exhibit C - t Rev. December 12, 1997 B. Assist in obtaining /Tom CITY additional details or information, when required for proper execution of the Work. . 4. Shop Drawings and Samples: A. Record date of receipt of Shop Drawings and Samples. B. Reccivc Samples which are fumished at the site by Contractor(s), and notifY ENGINEER of availability of Samples for examination. C. Advise ENGINEER and Contractor(s) ofthe commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tes/s: A. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contraet Documents. B. Report to ENGINEER whenever RPR believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR bclieves should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. . C. VerifY that tests, equipment and systems start-ups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor(s) maintains adequate records thercof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and start-ups. D. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and rcport to ENGINEER. 6. Interpretation ofCon/ract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor(s) clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate Contractor(s)' suggestions for modifications in Drawings or Specifications and report with RPR's recommcndations to ENGINEER. Transmit to Contractor(s) in writing decisions as issued by ENGINEER. 8. Records: A. Maintain at the job site orderly files for corrcspondence, reports of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents including all Work Change Directives, Addenda, Changc Orders, Field Orders, additional Drawings issued subsequent to the execution ofthe Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing submittals received /Tom and delivered to Contractor(s) and other Project related documents. . ARDEN.WPD Exhibit C - 2 [{ev. December ]2, ]997 . . . B. Prepare a daily report or keep a diary or log book, recording Contractor(s)' hours on the joh site, weather conditions, data relative to questions of Work Change Dircctives, Change Orders or changed conditions, list of job site visitors, daily activitics, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. C. Record names, addresses and telephone numbers of all Contractor(s)s, subcontractors and major suppliers of materials and equipment. 9. Reports: I\. Furnish to ENGINEER periodic reports as required of progress ofthe Work and of Contractor(s)' compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phascs ofthe Work. C. Draft proposed Change Orders and Work Change Directivcs, obtaining backup materiat from Contractor(s) and recommend to ENGINEER Change Orders, Work Change Directives, and Field Orders. D. Rcport immediately to ENGINEER and CITY the occurrence of any accident. 10. Payment Requests: Rcview Applications for Payment with Contractor(s) for compliance with the established procedure for their submission and forward with rccommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. ] 1. Certificales, Maintenance and Operation Manuals: During the course of the Work, verify that ccrtificates, maintenance and operation manuals and other data rcqnired to be assembled and furnished by Contractor(s) arc applicablc to thc items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to CITY prior to final payment for the Work. ]2. Completion: A. Before ENGINEER issues a Certificate of Substantial Completion, submit to Contractor(s) a list of observed items requiring completion or correction. B. Observe whether Contractor(s) has had perfonned inspections required by laws, rules, regulations, ordinances, codes, or orders applicable to the Work, including but not limited to thosc to be perfonned by public agencies having jurisdiction over the Work. C. Conduct a final inspection in the company of ENGINEER, CITY and Contractor(s) and prepare a final list of items to be completed or corrected. D. Observe whether all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance an issuance of the Notice of Acceptability of the Work. ARDEN. WPD Exhibit C . 3 Rev. December ]2, ]997 c. Limitations of Authority hy RPR Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items), unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities ofContractor(s), Subcontractors, Suppliers, or Contractor( s)' superintendent. 4. Shall not advise on, issue directions retative to or a>sume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advise or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in conncction with the Work. 6. Shall not accept Shop Drawing or Sample submittals from anyone other than Contractor(s). 7. Shall not authorize CITY to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. ARDEN.WPD Exhibit C - 4 Rev. December 12, 1997 . . . . EXHIBIT D CALCULATION OF PERCENTAGE OF CONSTRUCTION COST 14 IIIIII1 I I I 111111 I I I J III Net Consuucrion % From Cost Curve 8 .~ -. - 50,000 10.05 - 1.- 100,000 9.01 250,000 7.81 n 500,000 7.00 - -. 750,000 6.63 .. J ,000,000 6.22 - 2,000,000 5.75 4,000,000 5.30 I 6,000,000 5. ]0 8,000,000 5.05 1 , 10,000,000 4.97 20,000,000 4.88 I I Ifff !1 rl----r Ii till !liT, ~. I I 11]1' I!I' I i I--- _u \~I -11J"t--+r I IIi[, I 11 ' 'iil I I , f'{ I Tmr- ! II II q II, ~' Illn=FillfillTi -- 1 Lr~L-fr + I 11 I '1' 1 ~_ +, II i I i I i W1--'Tti -- -+ I -t- Iii I I: I I! ! i - .. I ]TI U=-T i I I! l n I fll '->-1 I L._ -L. I i I I' IIDr-ti ,. II . ro C ~ CL 8 E o u C ro U " .. ~ 7 . ARDEN.WPD 13 12 " 10 ~ c ~ 2 " 0. .~ 9 c g 6 5 4 0.01 0.05 O.t . 0.5 I 5 10 Net construction cost, in millions of dollars 50 tOO . ~"- FIG. 2 - CURVE B, MEDIAN COMPENSATION FOR BASIC SERVICES, EXPRESSED AS A PERCENTAGE OF CONSTRUCTION COST FOR PROJECTS OF AVERAGE COMPLEXITY. ASCE Manual No. 45 Exhibit D . I Rev. December 8, 1997 EXHIBIT E BRW'S HOURLY COSTS . The following schedule of Hourly Costs illustrates thc ranges of costs per typical employee classification. The actual hourty rate that the City will pay is dependent upon the employee performing serviccs on the Work Order. The hourly rate for each employee will be determined using the actual Direct Salary Cost of the employee multiplied by a factor of 2.2. 1997 Hourly Rate Range Employee Classification Low High Principal $120.00 $175.00 Vice President $85.00 $145.00 Senior Associate $80.00 $135.00 Associate $65.00 $] 05.00 Senior Consultant $55.00 $90.00 Consultant II $47.50 $80.00 Consultant I $35.00 $65.00 Staff LevelS $60.00 $85.00 Staff Levcl 4 $40.00 $75.00 Staff Level 3 $30.00 $60.00 Staff Level 2 $27 .50 $45.00 Staff Level I $25.00 $40.00 . . ARDEN.WPD Exhibit E - 1 Rev. December 12, 1997 . . . ~ ~HILLS City ot Arden HIlls Request for Council Action Prepared by: Murtuza Siddiqui Dept.: Finance Council Mtg. Date: 51212006 Final Action Needed By: 5/2/2006 ~XJ!!."1J0'- ~ii!I;;'" Agenda Item flit'~;~[~ ,t;<""..;.,;",,-, Motion to Approve the Indykiewicz Loan Repayment Plan Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: N/A Council Action Request: Motion to authorize staff to payoff the remaining loan balance in the amount of $84,535 to the PIR Fund from TIF District #2 as of the close of year end 2005. Staff Recommendation: City staff recommends that Council authorize staff to payoff the remaining loan balance in the amount of $84,535 to the PIR Fund from the TIF District #2 as of the close of year end 2005. Advisory Commission Action: Commission Plannir19 PTRC Date Action Not Applicable NotapplicCiblEl Supporting Documents (which are attached to this Action [2J Memo/Letter: From: Murtuza Siddiqui to the City Council Dated: May 2, 2006 o Resolution o Ordinance (No. o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: See attached memo- AdministratorlStaff Comments: ~ . ~~HILLS MEMORANDUM DATE: May 2, 2006 Agenda Item 7.D. TO: Honorable Mayor and City Council Members Michelle Wolfe, City Administrator FROM: Murtuza Siddiqui, CFO/Treasurcr SUBJECT: Indykiewicz Property Loan Repayment Backl!round In the late 1990's the City of Arden Hills purchased the Indykiewicz property to develop thc Round Lake area. This is part ofTIF District #2. The district borrowed $650,000 from the PIR Fund (inter-fund loan) in anticipation of paying back the principal in the future with accrued interest. As of last summer, the loan balance, including interest, amounted to $880,835. In the summer of2005, the City sold a portion of this property to Holiday Gas Station Stores. The property sale yielded the City a profit of $796,300. The difference between the outstanding loan balance and the proceeds from sale ofthe land is $84,535. . Discussion The remaining loan balance in TIF District #2 fund is $84,535. The fund has approximately $300,000 in net working capital (fund balance). Therefore, the City could pay off the remaining outstanding balance from this fund. This would be an eligible expense that could be charged to TIF District #2. The City Council could also consider forgiving the loan balance and keep the funds in reserves for future use. Please notc that any unspent funds at the expiration of a TIF districts tenn are distributed to Ramsey County, Mounds View School District, and the City of Arden Hills genera] fund. Currently, the TIF district is gencrating adequate tax revenue to meet the debt service requirements for the outstanding bonds the City had issued for the improvement of this district. Last year, the district generated approximately $100,000 more in revenue than the debt service requirements. City staff is not surc if an excess of this magnitude will continue in the future due to future law changes or the possibility of the property going into forfeiture. Although, staff does believe that the current fund has adequate reserves to absorb any unanticipated reduction in tax revenue collected and is recommending that the City Council consider paying off the remaining balance to the PIR Fund. Recommended Action Staff recommends that the City Council authorize staff to payoff the remaining loan balance in the amount of$84,535 to the PIR Fund from TIF District #2 Fund as of the close of year end. . 4 . . . ~ ~HILLS City of AI'dcn nills lteqnest for COlUlcil Action Prepared by: MW Dept.: Admin Council Mtg Date: 5/812006 Final Action Needed By: 518/2006 Agenda Item ~I Motion to Approve Additional LeQal Services for City Hall Budgeted Amount: $0.00 Actual Amount: $50,000.00 Funding Source: City Hall Fund Council Action Request: Motion to Approve Retaining Jeffrey W. Coleman for Legai Services Related to the City Hall Arbitration Case, at a rate of $250 per hour, not to exceed a total of $50,000. Staff Recommendation: Direct staff to retain the legal services provided by Mr. Jeffrey W. Coleman. Advisory Commission Action: Commission Date Action Not Applicable Not Applicable . Not applicable PTRC Supporting Documents (which are attached to this Action Form): [2J Memo/Letter: Memorandum from City Administrator Wolfe dated May 8, 2006; Letter and preliminary estimate from Jeffrey W. Coleman dated May 3, 2006. o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: This action will authorize up to $50,000 in legal fees for the City Hall arbitration case. AdministratorlStaff Comments: Page 1 of 1 ~ ~~HILLS . . MEMORANDUM DATE: May 8, 2006 AGENDA ITEM: 7E TO: Mayor and City Council FROM: Michelle Wolfe, City Administrator' SUBJECT: Motion to Approve Retaining Jeffrey W. Coleman for Legal Services Related to the City Hall Arbitration Case BACKGROUND Thc City of Arden Hills will be entering into an arbitration hearing on June 19, 2006. This arbitration concerns the still-open contract for the construction of the Arden Hills City Hall. During the summer of 2003, the City participated in a mediation process with the General Contractor, Rochon, in order to try and settle the dispute. The mediation process was not successful, so the detennination was made to proceed to arbitration. The arbitration has been scheduled and rescheduled several times. However, the arbitrator has indicated that he will . allow no further delays and thc hearing will commence on June 19. DISCUSSION Until recently, our City Attorney Jerry Filla has been exclusively representing the City in this case. As thc problems with the building have continued and more testing has been conducted, the case has continued to grow in complexity. Therefore, Dave Scherbel and I feel strongly that it would significantly enhance our case if we added the representation of an attorney who specializes in constmction law. We reccived references from the arbitrator, metro building officials, and expert witnesses. We are recommending attorney Jeffrey W. Coleman be retained to assist Mr. Filla with this case. I have attached a smnmary ofMr. Coleman's qualifications as well as a proposal from him dated May 3, 2006. Of note is the fact that Mr. Coleman is not only a qualified attorney, he also has a Master's Degree in Structural Engineering and a Baehelor's Degree in Civil Engineering. These services are more expensive than what we typically pay for legal representation. However, I believe this is a case where his specialized expertise will greatly increase our chances for a successful arbitration. In addition, staff will work with our City Attorney to keep legal expenses as low as possible and reasonable, looking for alternatives for accomplishing tasks wherevcr possible. We will also make every attcmpt to recoup any expenses possible via the arbitration process. . . . . Page 2 of2D RECOMMENDATION Approve retaining Mr. Jeffrey W. Coleman for legal services related to the City Hall Arbitration case, at a rate of $250 per hour, not to exceed $50,000. MW \\metro-inet\ardenhills\Admin\City Administrator\!vfemo\2006\5-08-06 Memo RE Attny 1. Coleman.doc JEFFREY W. COLEMAN is a licensed engineer, as well as an attorney. His enl,>.ineering experience includes working as a design structural engineer , for Ellerbe Associates, Inc., and serving as the architect's field representative during the re-construction of the collapsed Hartford Colisemn. Mr. Coleman served as general counsel for Ellerbe, Inc., and Ellerbe Becket, Inc., froIil1984 through 1988. He has extensive experience managing professionalliabilityclaims nationwide. Mr. Coleman represents nUlllerous engineers, architects, building o\\ners and contractors. His architectlengineerFlients include some of the largest finns in the United State$. He represented an international contractor in a series of multi-million dollar claims arising out of the construction . of three cable'slayed bridges. . . A highly sought after lecturer, he frequently participates in national programs sponsored by organizations such as the American Bar Association and American Concrete Institute. Mr. Coleman sits on the Board ofDirectors of the Consulting Engineers.Council of Minnesota, and is a frequentlectllTer at their progran!s. Mr. Coleman acts as national claims counsel and loss reserve specialist for both London and off-shore insurance companies. In addition,to rus work in the design and construction areas, he also.represents environmental consultants and product manufacturers. . . B.S. Gi\'iJ Engineering luwa Slale University] 976 M.S: Structural Engineering JOWil State University 1977 J.D>Cum Laude William MitrhelJ College of Law 1981 Admitted to practice: Minnesota19S4 U.S. District Court 1989 Eighth CircuiL Court of l\ppeals 1989 Member: Licensed Profession~ 1 Engine~r Iowa, Minnesota, 'Nisconsin . American Bar AS8'f1ciation . Hennepin County Bar Association . Consulting Engineers Council ofMinnesola . American (;oncreLe Institute . National Society ofProfessiooal Engineers -. American lnstitute of Archilccls ~ . MAY. 3.2006 12: i7P~ COLEMAN HLLL & VAN V COLENIAN, HULL & VAN VLIET A PROFESSIONAL LIMITED LIABILITY PARTNERSHlP NO.6 2 5 P 2 . KA'rHERINE M_ BERGf.}.'THAL'" STEI'EEN F. BUTER,rN' 1\:1JCHAEL P. COATY~ ]P_PFREY W. COLE-MAN TrMOTHY R. DUNCAN ERIC R. HEIBJ:RG MARK J. HEL,Et"''I' WrLL:AM D. HULL S7EVEN R. LITTLE JOHN A. MAr(I(ERT DONALD R. McNErl BRlliN \.\'. VAR,-A:'>lD ATTORNEYS AT LAW &500 NORMAND.\LE LAKE BoULEVARD SUITE 2110 MINNEAPOLIS, MINNESOTA 55437 Wn.L.cM F. VAN VLIET (1924 . 1996) (952) 841-0001 F.UI: (952) 841-0041 952-841-0200 iwcoleman2@cs.com RICHARD S. LfTTLE ].R. TORlm Op {;(,Ui>:5," May 3, 2006 ~^LSO ADMITTED Il'-: WI:;CONS:N tALSO ADM1TTED ll>J NOATH DAKOTA <AHO AlJtA1TTED IN M1S_~Ovm VIA FACSIMILE and U.S, MAIL 651-634-5137 Ms. Michelle A. Wolfe City Administrator City of Arden Hills 1245 West Highway 96 Alden Hills, Minnesota 55112-5743 Re: Arbitration in/he Matter of Rochon Cor/Joration and Cilv of Arden Hills Our File No: . Dear Ms. Wolfe: Enclosed please find a vel)' preliminary estimate oflegal fees in the arbitration matter of Rochon Corporation and City of Arden Hills. This is a very rough draft preliminary estimate. Many of the items depend on the division oflabor and responsibilities between myself and co-counsel Jeuy Filla. As you are aware, I am still getting up to speed with respect to the pleadings, the scheduling order and other aspects of how the case has been organized prior to my involvement. It may be possible to reduce (but probably not eliminate) the time required for certain of the activities. In preparing this estimate I have tried to estimate on the high side. Please let me know if you have any questions regarding the enclosed. Sincerely yours, pp Enclosure . MAY, 3 20 G 6 12: 18 PM COLEMAN 1ULL & VAN V PRELIMINARY ESTlMATE OF LEGAL FEES ROCHON v. CITY OF ARDEN HILLS (Arbitration) Review all expert reports and work product (Completed) Meetings with city staff and architect to analyze issues and positions - illcluded preparation time (Completed) Review of project records, documents, correspondence, flag key documents for use as exhibits Interviews with key witnesses to confirm facts and to review key documellts noted above Work with experts to define repair scope and obtain updated repair estimates including alternatives, if appropriate Attend meetings with client (City Representative and City Council) Prepare witnesses to testifY: Dave Scherbel Michelle Wolfe Peter Vesterholt (Arch, Alliance) Brent Anderson (?) Building Restoration Corp, Rep, AET Rep. Johnson Controls Rep. Brian Pashina (Note: this is a very preliminary list) Draft pre-hearing brief Review/respond to other parties' pre-hearing briefs Prepare for arbitration hearings Attend arbitration hearings and work between hearings (assuming hearings OCCur 6119 - 6123) Draft post-hearing brief Total: Paralegal time to organize documents. organize and copy exhibits, prepare exhibits, and assist at arbitration, if necessary jwc dients city tJf ardl?n hills esrfmCJfcd h01JrS NO.6 2 5 Estimated Hours 6 6 20 8 10 10 16 4 6 20 60 1: 170 Hrs. (@$250Ihr) $42.500.00 5.000.00 $47 500 OJ) P. 3 . . . . ~ ~HILLS City of AnlenlIilIs Request for COlUlCil Action v Prepared by: JL Dept.: Com. Dev Council Mtg. Date: 5/8/2006 Final Action Needed By: Agenda Item 7':~.r;r PC #03-19: Variance Extension ReQuest; Carolvn Mohn. 3459 Siems Court Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: nla Council Action Request: Consider a request to extend a variance approval an additional six months. Staff Recommendation: Approve the requested six month extension subject to the conditions of the original approval. The new expiration date for the variance would be November 8,2006. Proposed motion language, "A motion to approve an additional six month extension for the variance that was approved in Planning Case 03-19 for Caroiyn Mohn at 3459 Siems Court subject to the conditions of the original approval." Advisory Commission Action: Commission Date Action . ,-,._..,~._.__.._- ------- Not Applicable Not Applicable Not applicable . ..F'lanning PTRC Supporting Documents (which are attached to this Action Form): [2J Mem o/Letter: Report to the City Council Letter from Carolyn Mohn - received April 24, 2006 August 6, 2003, report to the Planning Commission Site plan from the original variance approval o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: . Administrator/Staff Comments: Page 1 of 2 , ~ ~ EN HILLS . MEMORANDUM DATE: May 3, 2006 Agenda Item 7.F TO: Mayor and City Council FROM: J ames Lehnhoff, City Planner SUBJECT: Case #03-19 Extension Carolyn Mohn 3459 Siems Court Variance Extension Requested Action . The applicant has requested the City Council to consider an additional six month extension to a variance that was approved on August 25,2003. Background On August 25, 2003, the City Council approved a variance to allow a 9-foot encroachment on the shoreline setback at 3459 Sicms Court. The approval was subject to two conditions. The first condition required the applicant to obtain all necessary building pennits from the Building Official prior to the issuance of a building pennit. The second condition required approval from the Minnesota Department of Natural Resources. The DNR did review the application and did not have any objections to the proposed plans. Typically, a variance expires one year from the date of approval if the applicant does not file for a building pemlit 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, that expired in September 2005. Page 1 of2 . . Attachment 7 F -1 Letter from Carolyn Mohn April 24, 2006 . . May 8th 2006, City Couneil meeting ~ 0\~HILLS . MEMORANDUM DATE: AUh'llst 6, 2003 PC Agenda Item 4.C TO: Planning Commission FROM: Peter Hellegers, City Planncr SUBJECT: Case #03-19 Carolyn Mohn 3459 Siems Court Lakeshore Setback Variance (Shoreland Ordinance/Zoning Ordinance) Request The applicant is requesting a nine-loot variance to the Lakeshore sethacks estabJishcd in the Zoning Ordinance and the Shoreland Management Ordinance. . Overview Surrounding Area North Low Density Residential R~ l: Famity Residential District R-I: Family Residential District R~ I: Famity Residential District Single Family Detached Residential Single Family Detached Residential Single Family Detached Residential South Lov.' Density Residential East Low Density Residential West (N.A.) Lake Johaona (N.A.) Lake Johanna (N.A.) Lake Johanna Site Data 'F:,ut!l~I,and llso Plan: ." Low Density Residential j,,~$!ing Land llse: Single Family Detached Residential .,'Z9-n~ng: R~I Single Family Residential 'L..t.Sii..: ....." 0.30 acres (I 2.842 square feet) lbp"gl'1'pby: . Relatively Flat . PC #03-19 PC Report 08/06/03 - Page t of 6 . Site Overview 1. Setbacks - Does not meet requiremenl. 'Ibe rcar setback for principal buildings in the R-I district is 30 feet. Thc lakeshore stnlcture setback f()r general development watcrs is 50 feet. General Develo-prri"nt .,":':.'.'....'..:.:-:::;"i'+;:c:<:'.!/i,?" Waters Requirerrient . Lakeshore Sctback 50' 57.8' 41' (stairs on deck) 45' (deck) 45' (house) 2. Lot Coverage - Exceeds Code Requirement. The rcquirement for all rcsidcntial districts is a maximwn of25%. The principal stmcture as proposcd in relation to the property would constitute 23 % lot covcragc. 3. Landscape Lot Area - Exceeds Code Requirement. . The requirement for all residential districts is a Minimum Landscape Lot Area of65%. Constmetion of the addition to thc deck would leave approximately 71 % of the lot as landscapc area. Back2round A survey by BRW from 1974, when the house was built, shows approximately 65 feet between the rear of the home and Lake Johanna. A survey by E.G. Rud and Sons from 2003, reveals that the distance between the Lakc Johanna shoreline and the rear of the home is now 57.8 feet. The applicant attemptcd to stabilize the shoreline in 1991 by installing rip rap. The applicant is proposing a 12-foot addition to the rear of the housc and csscntially shifting the existing deck to the north. As proposcd the housc would be 45 feet from the Ordinary High Water Mark (OHM), thc deck would also be 45 feet from the OHM and the stairs leading to the deck would be 41 feet from the OHM. Included in the infonnation that the applicant provided are two different sets of plans (Plan A, Plan B) which show a slightly different layout. However, both plans appear to have the structure and deck located no closer than 45 feet to the OHM and one has stairs to the deck that would he no e10ser than 41 feet from the OHM. The reason that thc applicant has requested the variance is that they are unablc to cxpand . to eithcr side or to the front due to setback constraints. There is additional space outside PC #03-19 PC Report 08/06/03 - Page 2 of (> of the lakcshore setback on the northwest comer at the rear of the house; howevcr, this would mean that any expansion space would have to be accessed via a bcdroom. . Hcalth concerns havc prompted the applicant to attempt to consolidate activities onto the main floor of thc house. The applicant is working with architects to redesign some of the interior spaccs in the home to allow for most of these activities to be located on the main floor. Among other things the kitchen is being redesigned and the applicant is attempting to movc the washer and dryer to the main level as well. As stipulated in the Shore1and Management Standards (Ordinance 334), a copy of this application has been forward cd to the Commissioner of Natural Rcsources. While the Commissioner has not provided any feedback at this point, the applicant did have the Rice Creek Watershed Distriet and an Administrator from the Department of Natural Resources rcview the proposal and they both did not indicate any problems with the proposal. Should the variance rcquest be granted, staff would recommend a eondition of approval stipulating that thc applicant shall obtain writtcn approval from the Commissioner of Natural Resources (and the applicant shall provide the City with a copy) prior to the issuance of a building pennil. Variance Criteria A. State Requirements Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), delines "undue hardship" as: . ".. .means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstance unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship ifrcasonablc use of the property exists under the tcmlS of the ordinance..." B. City Requirements Section VJJJ, D, 4, c and d, of the City's Zoning Ordinance state that, "Adherence to the provisions of this ordinance is required, except for special cases which arise becansc of the configuration of a particular parcel. The condition shall not have been created by the landowner. A variance or variances may be granted from specific provisions of tllis ordinance because such land factors as length of a side of a lot, the shape of the lot or the unusual terrain prohibit reasonable development equivalent to that which would be permitted without variance on a similar size lot located in the same district, but which lot has no unusual configuration. Economic conditions alone shall not be grounds for a variancc_ In no case shall the granting of a variance impair the health, safety, COrnf(n1 and general welfare of the public, nor will il be contrary to the intent and purpose of the Comprehensivc Ptan, the official map or this or any other ordinance of the Cily." . PC #03-/9 PC Report 08i06/03 " Page.1 of (, . . . Variancc Findin2s Minnesota Statc Stature 462.357, subd. 6, requires that Cities consider thc following five matters when hearing requests for zoning ordinance variances. 1. Are the circumstances for which the variancc is ,'cquested unique to the property? Yes. Over time the shorcline has eroded, especially at thc southwcst comer of the property and dccreased the amount of developable propCrly between the housc and thc Ordinary High Water Mark. Had the shoreline not croded to the dcgrcc that it has (see thc 1974 and 2003 surveys) thc applicant may have been able to add to the rcar ofthc house without a variancc. Currcntly, there is approximately 7.8 feet of dcvelopable space at the southwest comer of the house. Howevcr, this is not enough space to make an appropriate addition. Furthermore, thc applicant's health conditions have prompted the applicant to consolidatc activities on the main level of the house. Consolidating these activitics would likely require more space on the main level of the house. 2. Would granting the variancc be in keeping with the spirit and intent ofthe City's Zoning Ordinancc? The stated Purpose and Intent ofthe City's Zoning Ordinance include the following applicablc statements: Yes. This ordinance is enacted for thefollowing purposes: . To promote thc character of and preserve and enhance the propcrties and arcas within the City including wetlands, ponds, and marshes, (Section I,B,2) . To fix reasonable standards to which buildings, structures and land shall confonn for the bencfit of all.(Section I ,B, 7) The stated purpose of the R-1 Single Family Residential ~istrict is as follows (Section 5,0,1): I. To establish areas for the development of single family detached housing at a maximum density of approximately 3 units per acre. 2. To reserve development areas for single-family housing. 3. To rcstrict encroachment of incompatible uses. 4. To maintain density limitations. 5. To take advantage of municipal utilities. 6. To preserve open space. 3. Could the property in question be put to a reasonable use without the granting of the variance? PC #03.19- PC ReportD8l06i03 - Page 4 of6 No. The applicant has indicated that duc to health concerns, it is necessary that the applicant place most activities on the main level. The property would likely still be a reasonable use as ifthc inhahitants did not need thc activitics on the main level due to hcalth concerns. However, thc applicant is trying to make the property work for their currcnt and future necds and thc changcs to the floor plan will need to be made so that the applicants can remain in this property for thc forcsceable futurc. . 4. Was the hardship created by the owner? No. The hardship is the result of years of erosion on the shoreline of Lake Johanna which have washcd away several feet of shoreline at the southwest comer of the property and reduced the dcvelopable area of the applicant's property. The hardship is also due to the applicant's health concerns which have neccssitated consolidating activitics on the main level of the housc. 5. \V ould grantiug the variance alter the essential character of the neighborhood? No. If the variance was granted the addition to the house and deck would bc approximately 45 fect from the Ordinary High Water Mark (OHM) and thc stairway to the deck would bc 41 fcet from the OHM. The addition would not requirc the removal of any trecs and the f()liage would remain between the structurc and the shoreline. Neighboring properties should not bc adversely affected. . Deadline for Agenev Actions TI1C City of Arden Hills received the completed application for this request on July 8, 2003. Pursuant to Minnesota State Statue, the city must act on this request by Septemher 7,2003 (60 days), unless the City provides thc petitioner with written reasons for an additional 60 day review pcriod. The city may with the petitioner's conscnt extend the review period heyond thc 120 days. Options 1. Recommend approval as submittcd. 2. Recommend approval with conditions. 3. Recommend denial. If the City dcnies the petitioner's request, "... it must statc in writing the reasons for thc denial at the time that it dcnies the request". 4. Tahle for additional information. . PC #03- J 9 . - PC Report 08/06/03 - Page 5 of 6 . . . Recommendation In Planning Casc #03-19, staff recommcnds that the variance request of nine (9) fcct for the lakeshorc structure setback be approved subject to the following conditions: I. The applicant shall receive written approval from thc Commissioner of Natural Resources and shall provide the City with a copy of such approval prior to the issuance of a building permit. 2. All necessary applications for building permits shall bc filed with the Building Official for approval Plior to the issuance of a building pennit. PC #03-19- PC Rcpon 08/06/03 - Page-6of6 . Attachment 7 F - 2 August 6, 2003, Report to the Planning Commission . . May 8'h 2006, City Council meeting . . . Arden Hills City Council Cc: James Lehnhoff April 24, 2006 Dear Council members, RE: Variance/Planning Case #03-19 We are requesting a 6 month extension of the time granted in your approval August 24, 2003 for a variance for a small addition to our kitchen/family room.. We realize the September 05 extension of our variance expired March 23, 2006. Our information was not complete enough to proceed in time for that deadline. Final health issues needed solutions and have at last been resolved, and we are now able to move forward with the proposed addition to our home at 3459 Siems Court. We agree to the same conditions of the original variance and are working with the architect to finalize plans. Our health problems have caused the delay. We are very appreciative of your time and consideration in permitting us to resolve these issues. 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() ~<J) ~ ~~~;ft ~al~it '; .o~~ :2 '''z "r '-!<(2~u: W---1@U..- " ~ o c " " " ~ ~:;- ., " .~ I '., o . . . ~ ~~HILLS MEMORANDUM DATE: May 4, 2006 TO: Mayor and Council Members FROM: Karen Barton, Community Dcvelopment Director SUBJECT: TCAAP Update Agenda Item 8.A Verbal update presented by Karen Barton, Community Development Director. . . . ~ ~~HILLS MEMORANDUM DATE: May 8, 2006 WORK SESSION ITEM TO: Mayor and City Council FROM: Michelle Wolfe, City Administrator ~~~Q,~\ SUBJECT: 2006 City-Staff Retreat: Follow-up Discussion and Reports Attached are a series of rcports from retreat facilitator Karen Ray, There is a cover memorandum from her, introducing her reports. This is followed by a summary from the retreat sessions, held on March 10, 11, and 15. The third item is a summary of the Council goals that were discussed at thc March 15 session. Last is a proposed "Fonnat for a Board Policy". Here are some additional suggestions that Ms. Ray forwarded to me: 1. Discuss the Council goals, and if comfortable, we can put this into the Council packet for the next meeting and approve it as part of the Consent Agenda. Take the section entitled "Tone of Debate" re-title it "Civil Discourse", and place a copy of it in every packet for every meeting. Staff is updating the 2004 Strategic Plan per the comments made by Council during the retreat. This document, along with the staff-generated goals for 2006, will be brought back to Council, and will ultimately serve as work plans for 2006 and into 2007. Ms. Ray forwarded the "Fonnat for a Board Policy" as a result of discussion during the retreat sessions. This relates to discussion about the Council setting policies. Ms. Ray's suggestion was that we first develop a list of the policies that Council needs to develop or update, then start addressing these at future meetings, using a consistent format. Policy lays out vision, philosophy, and evaluation measures. She suggests that as Council fills out this fonn by discussing each item during a meeting, you will also be having a vision discussion, setting measurements, and end with solid policies to guide staff work. In tenns of the Council goals, once they are adopted or approved by Council, then staff would keep the goals in front of Council and track what work is being done on each item. This would be done via the Administrator's Update and possibly also updates on the Consent Agenda. 2. 3. 4. 5. \\mctro-inct\nrdenhills\A.dmin\City Administr3tor\Memo\2006\5-8-06 Memo RE 2006 Retreat.doc .. KAREN RA Y ASSOCIA TES Voice 612-377-2128 Fax 651-488-0590 e-mail karemay0lvisi.com MEMO . DATE: 03-20-06 TO: City of Arden Hills City Council Members Michelle Wolfe, City Administrator FROM: Karen Ray RE: March 2006 Strategic Planning Retreat Thank you for the opportunity to work with you and City staff during the Council retreat held March 10,11 and 15,2006. It was an honor to help you think through plans and opportunities to uphold the City's vision. Attached please find a report on the results of this retreat. During our discussion we agreed to focus on goals for 2006-2007 for City staff to use to create their work plans. Michelle will be sharing those work plans with you. . The Council itself has a list of goals to complete in the next 3 -4 years. I have made recommendations to Michelle about how to keep these goals 'front and center' during your meetings. In addition, you agreed to take a more rigorous look at vision and philosophy than can be obtained in a few hours of retreat time. The Council and Michelle will be scheduling a series of discussions to be held during Council meetings on the vision I measures of excellence for a variety of topics. I have made several recommendations to Michelle on how these discussions might work. Importantly, you took time during the retreat to set groundrules for discussion, and address issues about communication. You agreed to a modified format for the "Administrator's Update". You will limit your agenda for work sessions in order to avoid the perception of decisions as "done deals" and to maximize a work session's opportunity to ask hard questions and deliberate on complex issues. You will use a longer consent agenda, and bring more items to discussion and vote at the regular Council meetings. . . . . Michelle is preparing shorter packets for your meetings, including a brief list of upcoming agenda items. Finally, you have agreed on ways things get listed on the agenda. lfyou have any questions about this report, please feel free to call. 2006 City Council Retreat Friday-Saturday, March 10-11 Follow-up Wednesday, March 15 . Complete agendas, notes and flip chart transcriptions are available upon reqnest. The purpose ofthis report is to summarize important discussions, agreements and actions. "Recommendations" are actions Council believes will improve work. THE CITY COUNCIL'S LIST OF GOALS FOR 2006-2009 This is an abbreviated list. These items are not listed in order; priorities were not chosen. A filII transcript of each Council member's list is in the Administrator's files. I. TCAAP 2. CIP Priorities 3. Road Changes - Benchmarks / description of what Arden Hills wants 4. Strong Regional relationships with other cities. 5. Park / trail vision and budget / action plan; response to committee's work 6. Vision and/or Philosophy and/or Policy on: Strong neighborhoods Strong businesses Fiscal responsibility Policc Fire Communications with residents 7. Committees / Commissions structure philosophy and role definition 8. Leadership / Building staff capacity / Retaining good staff 9. rnfrastmcture revenue needs. (How are we going to pay for all this?) 10. Library 11. Philosophy of Development and redevelopment: cost and investment VS. status quo. . THE CITY STAFF GOALS AND WORK PLANS FOR 2006 (into 2007) City staff are using the revisions on the 2004 Strategic Plan to establish a work plan. Michelle will bring that work plan to the Council for approval. TONE OF DEBATE I CIVIL DISCOURSE The Council adopted these ground mles for discussion during the facilitated retreat, and then adopted these ground rules as the basis for "civil discourse" during all Council meetings, work sessions and discussions. o Respectful o Agree to disagrcc . . . . o No personal attacks o Discussion is focused on business - not personal - stick to topic o Showing emotions is okay, such as being passionate about a topic, but "put downs", extreme body language, and denigration is not allowed. o Don't put down other's votes. You may say ''I'm surprised" or "I'm frustrated", but don't make negative comments after thc votc is finish cd. o Techniques for cooling down angry Council members include saying "When you're this angry I can't hear you" or asking for a recess. o During work sessions and meeting discussions it's important to get a sense of where pcople are coming from. Try not to surprise others with your vote AND o It's okay to change your mind when the time to vote arrives. But please be clear why. o No llnilateral changes in decisions - act on decisions, o The Mayor should recap meeting decisions at the end of the meeting, and Michelle can clarify what she heard o Stick to agenda o Nobody speaks for whole Council o Everybody can call an issue to the table, or can suggest it get tabled. o No disrespectful body language o No cheap shots o No surpri ses o Everybody monitors the mles RECOMMENDATION: Eliminate the "Council Report" section at the end of Co unci] mectings, and find llilOther way to keep others infonned. RECOMMENDATION: Review and install parliamentary procedures for raising and tabling issues. RECOMMENDATION: Place a copy ofthcsc ground rulcs in evcry packet. RECOMMENDATION: Adopt a "Rules of Order" or similar document that describes how Council meetings are run. It could be part of new council training. BUILDING THE COUNCIL MEETING AGENDA and PACKETS Michelle will create more condcnse meeting packets, including a shorter list of upcoming Council agenda items. Michelle will prcpare a more useful Consent agenda. Whenever possible, Council members are expected to let Michelle know on Monday if he/she is pulling an item from the Consent agenda. A brief question is allowable during the Consent agenda section of the meeting. The Mayor should make sure such a quick question does not become a drawn-out discussion. These changes to the Consent agenda are part of the general agreement that the Council needs to micromanage less. Michelle has enough experience now to accurately predict what can go on the Consent agenda. Wise usc of a Consent agenda leaves more time on the regular agenda for discussion and decision making on more important topics. . How items get placed on the City Council meeting agenda: As discussed at the April 2006 Work Session, Couneil has agreed to a general process for how items get placed on an agenda. See attached summary document. REPORTS FROM STAFF TO COUNCIL MEMBERS An important aspect of using the Consent agenda and being careful not to do staff s jobs is what kind of infonnation the Council is getting. Michelle is improving Council reports to adequatcly provide the infonnation they need to steward and monitor the City's resources, work and goal attainment. RECOMMENDATION: Michclle provides to the Council a list of the reports she and her staff are improving. . . . . . ~ ~~HILLS MEMORANDUM DATE: AGENDA ITEM: 2D April 17, 2006 TO: Mayor and City Council FROM: Michelle Wolfe, City Administrator SUBJECT: City Protocol for Setting Meeting Agcndas At the March City Council retreat, there was discussion about how items get on meeting and work session agendas. Attachcd is thc document I prepared for the retreat discussion. An outcome of the retreat was that we removed "Council Comments and Requcsts" from Council Mecting agendas. Another outcome was that we were going to develop a protocol for how items get on agendas. Some ideas were discussed at the retreat, but J don't believe we camc to a full conclusion. In the draft reports I received from the facilitator, this is one area she left for me to fill in. I would recommend that the first four items from the attachment remain in place as methods for items to be placed on an agenda: o Part of an established process (for example planning cases, public improvement projects, claims/payroll). o Clear Council direction (consensus) following discussion about an item during a work session or meeting. o Staff recommendations (for example policcs, administrative actions, items requiring Council approval such as hiring/firing). o Request from outside organizations to appear before Council (examples here would include organizations we are a member of such as Visit Minneapolis North or Twin Cities North Chamber of Commerce), organizations we work with (such as Mounds View School District or Ramsey Ccntcr for the Arts), local community groups such as Boy/Girl Scouts, and elected officials (legislative delegation.) The last bullet that] listed was "Councilmember request". 1 indicated that this was the area that was problematic for staff and where clarification was needed. I understood the consensus from the retreat was that items should not be placed on an agenda bascd on one individual request; rathcr, there should be consensus/agreement of the Council to do so. With the removal of "Council Comments and Requests" from the agenda, I think some have struggled with how to get on item on to an agenda. Therefore, I suggest that we add an item to the Council Meeting agendas called "Council Requests" (see attached sample agenda.) When we Pagc 2 of2D get to this part of thc agcnda at a mecting, if a Council membcr has a rcquest of some kind, they can raise if for consideration. Examples of requests could include: o To place an item on an upcoming work session or regular meeting agenda o To request information or a report from staff on a certain topic o To request attendance at a meeting or evcnt (for example, "We need a Council membcr to represent thc City at a meeting about XXXXX on (dateltime). Is anyone available")) In sum, therc would bc fivc general ways for items to bc placed on an agenda: I. Part of an establishcd process. 2. Council direction following the discussion of an item during a work session or meeting. 3. StaJTrecommendations. 4. Requests from outside organizations. 5. Mayor or Councilmember request (via "Council Requests" on the agcnda.) MW Ilmetro-inetlardenhills\AdminICity AdmznistratodMemo\2006\4-17-06 Memo RE Setting Agendas. doc . . . . . . 2006 City Council Retreat Wednesday, March 15,2006 During a retreat in March, 2006, the City Council set the following goals it wanted to achieve between 2006 - 2010. These are not listed in order; no priority was set. Each goal needs to be achievable. TCAAP Follow established work plans to make decisions in stages. Each decision builds on the next. CIP Priorities A budget is not a decision making tool. CIP items need to be decided on merit. Road Benchmarks, especially 694/1 0/96 issues including loss of access and grade separation. We need to be in a position to tell other government entities "This is what Arden Hills wants". Strong Regional relationships with other cities. Park / trail planning complete, including funding, and a response to the PTRC vision. Committees Structure Philosophy What committee has what role and what power? What is the Council's role vis-a- vis each committee or commission? Leadership Risk Management Creating leadership at the stafflevel Staff salaries, benefits (as it relates to staff retention.) Infrastructure revenue needs. (How are we going to pay for all this?) Library presence in Arden Hills is desirable Philosophy of Development and redevelopment: cost and investment vs. status quo, Vision and/or Philosophy and/or Policy on: Strong neighborhoods Strong businesses Fiscal responsibility Police Fire Communications with residents Format for a Board Policy ISSUE: GOALS: RESUL TS: POLICY: BENCHMARKS: Once the policies have been written in this format, a summary version may be published. This would contain only the policies themselves. Here is an example: lSSUE: Retaining employees in a competitive marketplace. GOALS: Valued staff are retained and compensated in a manner that best serves our agency, our clients and the staff person. RESULTS: Senior statf and staff with unusual skill sets are eager to stay with our agency, and evidence motivation to perform well. POLICY: The Executive Director shall devise and use any array of perks, bonuses, and incentives to keep staff who are essential to program operation. The Executive Director shall not violate union rules and contracts, and shall not otfer any cash retainer beyond 2% of that employee's base pay. BENCHMARKS: Turnover in program staff is reduced to 5% by January 1, 2 . . .