AGENDA CITY OF DAYTON, MINNESOTA 12260 So. Diamond … · A. Approval of Council Meeting Minutes of August 27, 2019 B. Approval of Payment of Claims for September 10, 2019 C. Approval

6:30 CALL TO ORDER

6:30 PLEDGE OF ALLEGIANCE

6:35 APPROVAL OF AGENDA

6:35

A.

B.

C.

D.

6:40 OPEN FORUM

6:45 STAFF, CONSULTANT AND COUNCIL UPDATES

COUNCIL BUSINESSPublic Hearing

6:55 E.

Action Items

F.

9:00 ADJOURNMENT

The City of Dayton's mission is to promote a thriving community and to provide residents with a safe and

pleasant place to live while preserving our rural character, creating connections to our natural resources,

and providing customer service that is efficient, fiscally responsible, and responsive.

REGULAR MEETING OF THE CITY COUNCIL - 6:30 P.M.

is limited to 3 minutes for non-agenda items; state your name and

address; No Council Action will be taken and items will be referred back

to staff

These routine or previously discussed items are enacted with

one motion

CONSENT AGENDA

Dayton Parkway Interchange Assessment Hearing

Consider Resolution 46-2019 Adopting Assessments for Dayton Parkway

Interchange Improvement

Approval of Pay Application #3 for 2019 Well Improvements

AGENDA

CITY OF DAYTON, MINNESOTA

12260 So. Diamond Lake Road, Dayton, MN 55327

Tuesday, September 24, 2019

Resolution 49-2019 Approving MnDOT Agreement regarding Highway Signage

Approval of Council Meeting Minutes of September 10, 2019

Approval of Payment of Claims for September 24, 2019

COUNCIL MEETING CITY OF DAYTON, MINNESOTA SEPTEMBER 10, 2019 12260 SO. DIAMOND LAKE ROAD 6:30 P.M. HENNEPIN/WRIGHT COUNTIES PAGE 1 OF 5

Mayor McNeil called the public meeting to order at 6:30 p.m. PRESENT: Mayor Tim McNeil, Bob O’Brien, Dennis Fisher, Julie Gustafson and Jon Mellberg ABSENT: ALSO PRESENT: Police Chief Paul Enga, Engineer Jason Quisberg, Public Works Superintendent Marty Farrell, City Administrator/Development Director Tina Goodroad and Deputy Clerk Stacie Brown APPROVAL OF AGENDA: Goodroad added item L.5, discussion on staffing needs, and requested that Item L and K be flipped. Goodroad removed the Closed Session. McNeil added Item M, a resolution for Heritage Days Parade Grand Marshal. MOTION: Motion was made by Councilmember Fisher, seconded by Councilmember O’Brien to approve the agenda items, as amended. Motion carries unanimously. CONSENT ITEMS:

A. Approval of Council Meeting Minutes of August 27, 2019 B. Approval of Payment of Claims for September 10, 2019 C. Approval to Purchase a Trailer for the Public Works Department D. Approval of Date Change for Project My Neighborhood Event to September 14,

2019 E. Approval of Franchise Agreements for Electric Utilities through Ordinance 2019-13;

2019-14; 2019-15; 2019-16 F. Approval of Access Closure Agreement G. Approval to Order New Police Squad and Equipment H. Approval of Letter of Credit Reduction for Trunk Utilities, Brayburn Trails 1st

Addition and 2nd Addition MOTION: Motion was made by Councilmember O’Brien, seconded by Councilmember

Mellberg, to approve the Consent Agenda.

Motion carries unanimously.

OPEN FORUM:

Mayor McNeil opened the Open Forum at 6:36 p.m. Stacy Heltemes, 14509 River Hills Court – came forward and stated she is a leader for Girl Scout Troop 17930 looking for a place to meet on Wednesdays. She asked to use a City Hall conference room twice per month.


There being no additional public comments, Mayor McNeil closed the Open Forum at 6:38 p.m. STAFF, CONSULTANT AND COUNCIL UPDATES Goodroad – Was asked by the Heritage Day Committee to ask Councilmembers if they plan to ride the Council float in the parade at September 21; Mellberg, Fisher, and O’Brien confirmed and staff will post a quorum notice. Goodroad inquired about planning joint meetings with City Commissions. The following meetings were tentatively agreed upon: Council - EDA on December 17 at 7:30 a.m.; Council - Planning Commission on November 14 at 6:30 p.m. and the Park Commission in 2020. Goodroad presented several meeting reminders: October 24, 6:30 p.m., assessment hearing for 429 interchange project; October 26, 6:30 p.m., Franchise Hearing; and October 22, the review of the Long-Term Plan. Goodroad stated the new Activity Center Coordinator started working this week. Goodroad gave an update on the Park Commission stating David Fashant was elected Chair and David Kline Vice Chair. Goodroad announced the Parade of Homes every weekend in September with several homes open in Dayton. Farrell – The box culvert is being delayed until spring. Staff met with Hennepin County on overlay project on Old Village, September 16-19. Staff is working with the County so the project doesn’t interfere with Heritage Days. The County prefers not to restripe the crosswalk by the post office. The County did a study and concluded there isn’t enough pedestrian traffic to warrant a crosswalk. Staff is pushing for the crosswalk and will continue to work on options to make sure pedestrian access is safe. Farrell updated the Council on Activity Center stating it should be completed around mid-October. Farrell reported that 117th is still in progress. Enga – First week of school went smoothly and staff is working with the school to reduce traffic backup at drop off and pick up times. A squad car and officer attended a car show at the school. Quisberg – Reported that Zanzibar has a potential start next week. The road should remain open with flaggers. Quisberg stated that Rush Creek may open the week of September 23 open depending on weather. Fisher – Reported a pothole on the northside of Pineview and County Road 12. Asked staff to find a better solution. McNeil – Received requests to pass resolutions for a variety of reasons and asked Council what they wanted to do regarding these requests. Council consensus is to take them on a case by case basis. McNeil brought up community groups meeting at City Hall and would like to offer City Hall and Activity Center facilities at no charge to civic groups. Goodroad recommended using the Activity Center and will add this item for discussion in October. Heritage Days is September 21. A Nerf Battle is scheduled for Saturday,


September 14 at the hockey arena sponsored by the Lions with 50 registered kids and 1 adult. COUNCIL BUSINESS: Presentation

I. Stephen Ritchart, RMF Properties & David Claxton, Adesa Representatives from Adesa gave a history of the property and business. RMF owns property on a major entrance to Dayton. Adesa is an auto auction business that owns and leases property in the area. Asked Council to visit on a Tuesday to see the business in operation. Business has an IUP for parking through 5 years or at time the interchange goes to bid. Ritchart and Claxton expressed willingness to work with the City so the businesses and City benefit. Goodroad informed the Council that RMF applied for an IUP Amendment which will go to the Planning Commission and then to Council.

New Business

J. Approval of Resolution 47-2019 Approving 2020 Proposed General Fund Budget, 2020 Preliminary Property Tax Levy and Resolution 48-2019 Approving the EDA Levy

Hannah Lynch, with AEM Financial Solutions, presented budget information to the Council summarizing expenditures, staffing needs, and revenue updates. The preliminary tax levy sets the maximum the Council can levy. This amount can be reduced, but not raised after this point. The Truth in Taxation Hearing is scheduled for December 10. Staff recommended approval of the General Fund Budget, Property Tax Levy, and EDA Levy.

MOTION: Motion was made by Councilmember O’Brien, seconded by Councilmember Gustafson to approve Resolution 47-2019 Approving 2020 Proposed General Fund Budget, 2020 Preliminary Property Tax Levy. Motion passes. Nays – Fisher MOTION: Motion was made by Councilmember Mellberg, seconded by Councilmember Fisher to approve 48-2019 Approving the EDA Levy. The motion carries unanimously.

K. Update on Land Use and Staging Plan

Goodroad presented information to the Council on the changes to the land use plan. These changes included ensuring the Sewered Residential Density is as close to 3.0 for all of Dayton and revising the staging to ensure that the 2020 and 2030 staging areas have around 2000-2200 units open for development. The 2040


Land Use plan removed Low-Medium Density, changing the areas between Fernbrook and Elm Creek from Urban Reserve to Medium Density; and the area North of 121st and south of 129th Ave from Medium Density to Low Density Residential. The Sundance Greens Area has been changed to predominantly Low Density Residential and a High-Density Residential area for potential future senior living facility.

L. Application by Tim Pomerleau for Concept Plan Review - Juettner Parcels

Goodroad presented information detailed in the staff report on a Concept Plan for a future residential development consisting of three parcels in the existing Dayton Highlands neighborhood located at 11111 South Diamond Lake Road. The developer is seeking comments from multiple sources. Once the preliminary plat is submitted, the review process begins and additional formal review comments. McNeil stated he is not a fan of cul-de-sacs and wants option for safe place for storms. Mellberg stated he likes the trail easement. McNeil brought up a concern regarding the small size of the HOA. Scott Hoke stated the HOA would be run by a management company. McNeil suggested using stormwater retention ponds for lawn irrigation.

L.5 Discussion on Staffing Needs

Goodroad presented a letter of attention to retire from Debbie Maveus who has served the City of Dayton for 33 years and congratulated her on her retirement. Goodroad stated she would like to see the new Activities Coordinator job share and be part-time at Activities Center and part-time at City Hall. The budget impact would be around $15,000. Council consensus was to move forward with that option.

M. Resolution for Heritage Days

McNeil presented a resolution proclaiming declaring September 21 as Dan Balder Day.

MOTION: Motion was made by Councilmember Mellberg, seconded by Councilmember Fisher to approve a Resolution declaring Saturday, September 21, 2019 as Dan Balder Day. Motion passes. Nays - Gustafson ADJOURNMENT: MOTION: Motion was made by Councilmember O’Brien, seconded by Councilmember Fisher to adjourn at 8:35 p.m.


Motion carries unanimously.

Approved: __________________ Attest: Stacie Brown

Meeting Date:9-24-19 Item:C

ITEM:

Resolution 49-2019 Approving MnDOT Agreement regarding Highway Signage

PREPARED BY:

Tina Goodroad, City Administrator/Development Director

POLICY DECISION / ACTION TO BE CONSIDERED:

Consider adoption of Resolution 49-2019

BACKGROUND:

As part of MnDOT’s unbonded overlay project and the construction of the Dayton Parkway Interchange the City is responsible for installation of two highway signs identifying the new Dayton Parkway exit on the east and west bound lanes of I-94. This cost was anticipated in the overall budget. MnDOT requires the city to approve a cooperative agreement by Resolution. Total cost is $125,400 for the cost of the sign construction, design engineering and construction engineering costs. MnDOT will be responsible for future sign maintenance.

CRITICAL ISSUES:

There are no outstanding issues.

RECOMMENDATION:

Staff recommends approval of Resolution 49-2019.

ATTACHMENT(S): MnDOT Cooperative Agreement Resolution 49-2019

MnDOT Contract No.: 1035278

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Design-Build Lump Sum (Cooperative Agreements)

STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION

And CITY OF DAYTON

COOPERATIVE CONSTRUCTION AGREEMENT

State Project Number (S.P.): 2780-97 Trunk Highway Number (T.H.): 94=392

Estimated Amount Receivable $125,400.00

This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Dayton acting through its City Council ("City").

Recitals

1. The State will perform concrete overlay construction and other associated construction upon, along, andadjacent to Trunk Highway No. 94 from Trunk Highway No. 101 to Trunk Highway No. 494 according toState-prepared plans, specifications, and special provisions designated by the State as State ProjectNo. 2780-97 (T.H. 94=392) ("Project"); and

2. City cost participation is required for the sign construction and the City is willing to participate in the costs ofsaid construction, including any associated design and construction engineering delivery costs; and

3. Agreement No. 1034559 between the State and the City will address the new interchange construction onTrunk Highway No. 94 at Dayton Parkway; and

4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to makearrangements with and cooperate with any governmental authority for the purposes of constructing,maintaining, and improving the trunk highway system.

Agreement

1. Term of Agreement; Survival of Terms; Plans

1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required byMinnesota Statutes § 16C.05, subdivision 2.

1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled.

1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survivein order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 6. Liability; Worker Compensation Claims; 8. State Audits; 9. Government Data Practices; 10. Governing Law; Jurisdiction; Venue; and 12. Force Majeure.

2. Construction by the State

2.1. Contract Award. The State will advertise for technical and price proposals and award a design-buildcontract to the "Low Bid/Best Value Proposer" for State Project No. 2780-97 (T.H. 94=392) according to the State Request for Qualifications (RFQ) and Request for Proposal (RFP) documents, which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference.


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2.2. Direction, Supervision, and Inspection of Construction.

A. Supervision and Inspection by the State. The State will direct and supervise all design-build activities performed under the design-build contract, and oversee all construction engineering and inspection functions in connection with the design-build contract construction. All design-build construction will be performed according to the State's Request for Proposals, the Contractor's technical proposal, and approved plans.

B. Inspection by the City. The City participation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement.

2.3. Plan Changes, Additional Construction, Etc.

A. The State may request the Contractor to make changes in the design and/or contract construction, which may include the City participation construction covered under this Agreement, and will enter into any necessary addenda and change orders with the State's contractor that are necessary to cause the design-build contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City official of any proposed addenda and change orders to the design-build contract that will affect the City participation construction covered under this Agreement.

B. The City may request additional work or changes to the work in the plans as part of the design-build contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made.

C. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, design-build contract addenda, change orders, associated design, and construction engineering delivery costs before the completion of the contract construction. If the design and construction engineering delivery costs are not included in any change order estimates, the amount will be added to the City's estimate of costs.

2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the design-build contract to be completed in a satisfactory manner. Acceptance by the State of the completed design-build contract construction will be final, binding, and conclusive upon the City as to the satisfactory completion of the design-build contract construction.

3. City Cost and Payment by the City

3.1. City Cost. $125,400.00 is the City's full and complete lump sum cost for sign construction. $101,951.30 for construction, $18,351.23 for associated design engineering, and $5,097.47 for construction engineering costs.

3.2. Conditions of Payment. The City will pay the State the full and complete lump sum amount after the following conditions have been met:

A. Execution of this Agreement and transmittal to the City.


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B. The City's receipt of a written request from the State for the advancement of funds.

4. Authorized Representatives

Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement.

4.1. The State's Authorized Representative will be:

Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: [email protected]

4.2. The City's Authorized Representative will be:

Name, Title: Tina Goodroad, City Administrator/Development Coordinator (or successor) Address: 12260 South Diamond Lake Road, Dayton, MN 55327 Telephone: (763) 421-3487 E-Mail: [email protected]

5. Assignment; Amendments; Waiver; Contract Complete

5.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office.

5.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office.

5.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it.

5.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.

6. Liability; Worker Compensation Claims

6.1. Each party is responsible for its own acts, omissions, and the results thereof to the extent authorized by law and will not be responsible for the acts, omissions of others, and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City.

6.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act.

7. Nondiscrimination

Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement.


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8. State Audits

Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.

9. Government Data Practices

The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State.

10. Governing Law; Jurisdiction; Venue

Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.

11. Termination; Suspension

11.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties.

11.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of design-build contract construction under the Project. Termination must be by written or fax notice to the City.

11.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, and performance of work authorized through this Agreement.

12. Force Majeure

No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies.

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RESOLUTION NO. 49-2019

RESOLUTION APPROVING MnDOT AGREEMENT NUMBER 1035278 WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORATION

IT IS RESOLVED that the City of Dayton enter into MnDOT Agreement No. 1035278 with the State of Minnesota, Department of Transportation for the following purposes:

To provide for payment by the City to the State of the City’s share of the costs of the sign construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 94 from Trunk Highway No. 101 to Trunk Highway No. 494 under State Project No. 2780-97.

IT IS FURTHER RESOLVED that the Mayor is authorized to execute the Agreement and any amendments to the Agreement.

Adopted by the Dayton City Council on this 24th day of September, 2019.

Motion made by Councilmember_______________, seconded by Councilmember___________ Motion passes unanimously.

___________________________________ Mayor Tim McNeil

ATTEST: ___________________________ Stacie Brown, Deputy Clerk

CERTIFICATION

I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Dayton at an authorized meeting held on the 24th day of September, 2019, as shown by the minutes of the meeting in my possession.

Subscribed and sworn to me this

_______day of __________________, 2019

Notary Public________________________

My Commission Expires

(Signature)

(type or print name)

(Title)

Meeting Date: 09-24-2019 Item Number: D

PRESENTER:

Jason Quisberg

ITEM:

2019 Well Improvements - Pay Application #3

PREPARED BY:

Jason Quisberg, Engineering

Steve Hegland, Engineering


None

BACKGROUND:

Traut Companies has begun work on the 2019 Well Improvement Project and has submitted Pay Application #3 for the work completed to date in the amount of $115,831.60. Attached is the

payment request form along with a summary of the payment request including the work

completed to date. The requested payment has withheld 5% in retaining of the work completed

to date, in accordance with the contract requirements.

The contractor has installed and tested monitoring well number one and has installed monitoring

well number two. The contractor has installed the production well and continues testing and

furnishing the production well.

CRITICAL ISSUES:

COMMISSION REVIEW / ACTION (IF APPLICABLE):

60/120-DAY RULE (IF APPLICABLE):

RELATIONSHIP TO COUNCIL GOALS:

BUDGET IMPACT:

The work completed is within the previously approved budget for the project.

CITY COUNCIL REGULAR MEETING Page 2

RECOMMENDATION:

We recommend payment for the work completed to date, less retainage in the amount of

$115,831.60.

ATTACHMENT(S):

Payment Request #3 Well Improvement Payment #3 Summary

2019 WELL IMPROVEMENTS PROJECT

OWNER: CITY OF DAYTON

ENGINEER: WENCK ASSOCIATES

CONTRACTOR: TRAUT COMPANIES

ITEM

NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL

1 MOBILIZATION LS 1 8,500.00$ 8,500.00$ 1.0 8,500.00$

2 MONITORING WELL DRILLING - 8" BOREHOLE, INCLUDING SAMPLES & RECORDS LF 380 35.00$ 13,300.00$ 348 12,180.00$

3 4" STEEL CASING LF 380 20.00$ 7,600.00$ 393 7,860.00$

4 GROUT SEAL LF 380 15.00$ 5,700.00$ 611 9,165.00$

5 MONITORING WELL DRILLING - 4" OPEN BOREHOLE, INCLUDING SAMPLES & RECORDS LF 380 25.00$ 9,500.00$ 407 10,175.00$

6 MONITORING WELL DEVELOPMENT HR 40 175.00$ 7,000.00$ 32.25 5,643.75$

7 SURFACE ACCESSORIES (BOLLARDS, PROTECTIVE CASING, LOCKING CAP) LS 2 875.00$ 1,750.00$ 2 1,750.00$

8 WATER ANALYSES LS 1 5,700.00$ 5,700.00$ 1 5,700.00$

9 GAMMA LOG & REPORT EA 1 1,800.00$ 1,800.00$ 1 1,800.00$

10 TELEVISE WELL EA 1 1,300.00$ 1,300.00$ -$

11 MOBILIZATION/PROTECTION OF ENVIRONMENT LS 1 19,000.00$ $19,000.00 0.5 9,500.00$

12 COMMON BORROW (CV) CY 131 60.00$ $7,860.00 -$

13 PRODUCTION WELL DRILLING - 18" BOREHOLE, INCLUDING SAMPLES & RECORDS LF 190 140.00$ $26,600.00 207 28,980.00$

14 12" STEEL CASING LF 190 85.00$ $16,150.00 208 17,680.00$

15 GROUT SEAL LF 190 38.00$ $7,220.00 206 7,828.00$

16 PRODUCTION WELL DRILLING - 12" OPEN BOREHOLE, INCLUDING SAMPLES & RECORDSLF 190 90.00$ $17,100.00 177 15,930.00$

17 PRODUCTION WELL DEVELOPMENT HR 72 390.00$ $28,080.00 -$

18 DYNAMITE DEVELOPMENT LB 400 45.00$ $18,000.00 306 13,770.00$

19 REMOVAL OF BLASTING DEBRIS (LV) CY 400 75.00$ $30,000.00 -$

20 SURFACE ACCESSORIES (BOLLARDS, REFLECTORS) LS 1 875.00$ $875.00 -$

21 PROVIDE TEST PUMP (1200 GPM) AND RELATED EQUIPMENT LS 1 6,500.00$ $6,500.00 -$

22 TEST PUMPING HR 80 150.00$ $12,000.00 -$

23 DRAWDOWN MONITORING HR 80 9.00$ $720.00 -$

24 RECOVERY MONITORING HR 72 6.00$ $432.00 -$

25 WATER ANALYSES LS 2 5,700.00$ $11,400.00 -$

26 GAMMA LOG & REPORT EA 1 1,800.00$ $1,800.00 1 1,800.00$

27 TELEVISE WELL EA 1 1,300.00$ $1,300.00 -$

-$

28 FURNISH & INSTALL PITLESS ADAPTOR - 8" DISCHARGE - 6" INLET EA 1 19,400.00$ $19,400.00 -$

29 FURNISH & INSTALL STILLING TUBE EA 2 400.00$ $800.00 -$

30 FURNISH & INSTALL PUMP EA 1 16,500.00$ $16,500.00 -$

31 FURNISH & INSTALL DROP PIPE LF 160 28.00$ $4,480.00 -$

32 FURNISH & INSTALL PUMP ELECTRICAL WIRE LF 160 9.00$ $1,440.00 -$

33 FURNISH & INSTALL 8" DUCTILE IRON WATERMAIN LF 20 140.00$ $2,800.00 -$

34 FURNISH & INSTALL 8" WATERMAIN PLUG EA 1 650.00$ $650.00 -$

$313,257.00 $158,261.75

TOTAL $158,261.75

RETAINAGE 5% $7,913.09

PAID TO DATE $34,517.06

SUBTOTAL $115,831.60

Monitoring Wells 1 & 2

Production Well

Pump Improvements

COMPLETED TO DATE

T:\3164 Dayton\60 NW Water System\Well Design and Construction\06 - Construction\Pay Applications\Pay Application 3\Quantity Tracking_Pay Requests_Dayton 091219.xlsx Page 1 of 1

Payment Request Form T:\3164 Dayton\60 NW Water System\Well Design and Construction\06 - Construction\Pay Applications\Pay Application 3\Payment Request #3.doc

00530-1

PAYMENT REQUEST FORM

OWNER: City of Dayton

PROJECT: Well Improvements

CONTRACTOR: _Traut Companies______________________

PAY ESTIMATE NO. 3

Original Contract Amount ....................................................................................... $ 313,257.00 ____

Contract Changes approved to Date (List Change Order Numbers) ....................... $ ______________

Revised Contract Price ............................................................................................. $ 313,257.00 ____

Work Completed to Date (see attached) ................................................................ $ 158,261.75 ____

Retainage to Date, 5% ............................................................................................. $ 7,913.09 ______

Work Completed to Date Less Retainage to Date ................................................... $ 150,348.66 ____

Total Amount Previously Certified .......................................................................... $ 34,517.06 _____

Payment Request This Estimate .............................................................................. $ 115,831.60 ____

I declare under penalty of perjury that this account, claim, or demand is just and correct and

that no part of it has been paid.

CONTRACTOR

Payment Request Form T:\3164 Dayton\60 NW Water System\Well Design and Construction\06 - Construction\Pay Applications\Pay Application 3\Payment Request #3.doc

00530-2

CERTIFICATE OF CONTRACTOR

I hereby certify that the work and the materials supplied to date, as shown on the request for

payment, represents the actual value of accomplishment under the terms of the contract dated

June 3rd , 2019 between CITY OF DAYTON (OWNER)

and Traut Companies (CONTRACTOR) and all authorized changes thereto.

By

Title

Approval:

CONTRACTOR Date

WENCK Date

Jason Quisberg, P.E.

CITY OF DAYTON Date

***END OF SECTION***

Meeting Date:9-24-19 Items: E & F

ITEM:

Public Hearing: 429 Assessment Hearing - Dayton Parkway Interchange

AND

Consideration of Resolution 46-2019 Adopting Assessment for the Dayton Parkway Interchange Improvement.

PREPARED BY:

Tina Goodroad, City Administrator/Development Director


Hold Public Hearing and consider Resolution 46-2019

BACKGROUND:

As you may recall Resolution 44-2019 called for the Special Assessment hearing for the Dayton Parkway Interchange for September 24, 2019. Notice of the hearing was published in the legal paper and individual notices were mailed to property owners on September 5, 2019. A sample letter is attached.

The purpose of the hearing is to give property owners an opportunity to express concerns about the special assessment. This is a public hearing where the council shall consider objections to the proposed assessment, whether presented orally or in writing. A form will also be available to fill out at the meeting. Any letters of objection we receive prior to the printing of packets will be attached.

Resolution 46-2019, Adopting Assessments, has been prepared for consideration at this meeting. The council also has the option to delay consideration until the next meeting on October 8, 2019. The resolution specifies that the assessment will extend for 20 years starting in 2020. If assessment is paid in full by November 15, 2019 no interest will be charged. Interest on future payments is proposed at 3% annually which is expected to match the bond interest rate. The final assessment roll is attached.

Applications for Deferrals were sent with the assessment notices. Staff has set a deferral application due date of October 14, 2019, with council review of applications set to occur on October 22, 2019.

CRITICAL ISSUES:

There are no outstanding issues.

CITY COUNCIL REGULAR MEETING Page 2 of 2

RECOMMENDATION:

Staff recommends approval of Resolution 46-2019.

ATTACHMENT(S): Resolution 46-2019 Final Assessment Roll Sample Assessment Letter Deferral Application Submitted Objections (as of date of packet)

RESOLUTION 46-2019 ADOPTING ASSESSMENTS FOR DAYTON PARKWAY INTERCHANGE IMPROVEMENT

WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon any and all objections to the proposed assessment for the proposed improvement of Dayton Parkway Interchange and associated roadways, intersections, and traffic controls connecting County Road 101 (Brockton Lane N) to the west and County Road 81.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DAYTON, MINNESOTA:

1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, ishereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it.

2. Such assessment shall be payable in equal annual installments extending over a period of 20years, the first of the installments to be payable on or before the first Monday in January 2020, and shall bear interest at the rate of 3 (three) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31,2020. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments.

3. The owner of any property so assessed may, at any time prior to certification of the assessmentto the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid by November 15, 2019; and he/she may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31 of the next succeeding year.

4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditorto be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes.

Adopted by the council this 24th day of September, 2019

_________________________________ Tim McNeil, Mayor

______________________ Stacie Brown, Deputy City Clerk

Adopted by the council this 24th day of September, 2019

Motion made by Councilmember ***, seconded by Councilmember *** Motion ****

FINAL (9/24/19)

Final Assessment Roll‐Dayton Parkway Interchange Project

PID Owner

Net Assessment to be

Certified

2912022310005 DEHN HERITAGE FARMS LLC $41,420

2912022310008 S D SCHUETTE & K M SCHUETTE $3,770

2912022340002 M J NETZINGER/P A NETZINGER $26,895

2912022340003 PAUL HEINEN $24,467



2912022440002 DIANE BAXTER $30,144

3012022230002 INTL COMPUTER APPL CORP $7,930

3012022240003 R H & A C BEACH $3,837

3012022310005 DAYTON PARK PROPERTIES $33,271



3012022330001 ARIC R BERNHART ET AL $4,381


3012022340001 LA VONNE P REAMER TRUSTEE $36,281

3112022110005 FRENCH LAKE GC PRTNRSHP LLC $61,336

3112022130006 HESSE HOLDINGS LLC $59,087

3112022130010 HENNEPIN FORFEITED LAND $81,557

3112022130011 RAYMOND B DRAKE $26,907

3112022130016 TERRITORIAL RD LLC $30,753

3112022130017 CEA PROPERTIES LLC $22,878

3112022140001 SPETZ PROPERTIES LLC $5,139

3112022140002 FENSTRA PROPERTIES L L C $13,063

3112022140004 M F RAUCH & J J RAUCH $10,350

3112022140005 JOSEPH J RAUCH JR $10,738

3112022140008 RMF FAMILY PROPERTIES LLC $82,009

3112022230001 BROCKTON RUSH CRK PRTNRS LLC $37,808

3112022240001 JEROME M MALLINGER ET AL $35,765

3112022240002 M C SUNDMAN & F L SIMON $31,943

3112022240004 CARS‐DB4 LP $18,235

3112022240005 G R KAUFFMAN/H R KAUFFMAN TR $11,366

3112022320012 SCHANY GROUP LLC $25,276

3112022330004 MICHAEL R NELSON $48

3112022330008 SCHANY GROUP LLC $475

3112022340004 GORDON ROBERG $62,542

3112022340007 SLADE/BINGHAM PARTNERSHIP $4,748

3112022410005 J E WICHT JR & D D WICHT $9,201

3112022410009 CITY OF DAYTON $1,143

3112022410010 L & S STERN $6,331

3112022420011 PROFFUTT LIMITED PARTNERSHIP $33,102

3112022430001 DAYTON HOLDING INC $91

3112022440001 GORDON ROBERG $318

2912022320006 DEBRA A HOGENSON REV TRUST $987

2912022330002 RICHARD N REIERSON ETAL $293

2912022330003 SANDRA L MUNN $509

2912022330004 MARVIN A PERSON ETAL $506

2912022330005 C & S JOHNSON $277

2912022330006 D A KLATKE JR & D KLATKE TRS $1,994

2912022340001 J M DUDYCHA & M K SCHULTE $19,648

2912022440003 STEPHEN F/JACQUELINE A BRUSS $2,944

2912022440004 THE BARTUSIAK LIVING TRUST $2,519

2912022310006 BROCK A JOHNSON $2,647

2912022310007 B A JOHNSON & K JOHNSON $3,089

2912022320003 D A KLATKE & D KLATKE TRSTES $744

2912022320004 D A KLATKE & D KLATKE TRSTES $747

2912022320005 H M ALBERT & G R ALBERT TRST $1,177

3012022210001 DARWIN UPTON ETAL SUBJ/LE $4,746

3012022330003 SINAMCO PROPERTIES LLC $7,942

3012022330004 T & J INGEBRIGTSON IND PROP $4,172

3012022330008 ATLAS PROPERTIES LLC $4,933

3012022340004 WITCHER CONSTRUCTION CO $5,048

3012022340005 TROY LANE PARTNERS LLC $6,860

3012022340006 SINKIE‐JOHNSTON PROPERTIES $8,224

3012022340007 CODEMA PROPERTIES $5,049

3012022340008 GRACE FULL GOSPEL CHRIST CH $5,048

3012022340009 JKO HOLDINGS LLC $1,842

3012022440002 THOMAS B GELDERT JR $278

3012022440003 YVONNE D KNUTSON $150

3012022440004 F L HEIM & F A HEIM $301

3012022440005 GENEVIEVE L PETERSON REV TR $316

3112022120005 T F & M G SPAANEM $28,085

3112022130012 RAYMOND B DRAKE $34,760

3112022140003 PAMELA J WEIDEMA $10,738

3112022140006 RAYDAR PROPERTIES LLC $10,907

3112022210001 FRANK LEO SIMON $4,692

3112022210004 TROY LANE PARTNERS LLC $2,398

3112022210006 JKO HOLDINGS LLC $3,205

3112022210007 RIMJCK INC $5,283

3112022210008 CARS‐DB4 LP $97,734

3112022220008 ATLAS PROPERTIES LLC $5,414

3112022220009 NCI LLC $9,487

3112022220010 J & M HOLDINGS L L C $6,036

3112022220011 CARS‐DB4 LP $5,279

3112022220012 COREY L JOHNSON $4,019

3112022220013 GP HOLDINGS LLC $19,758

3212022210004 D & J HAAK $11,567

3212022210008 D & J HAAK $11,453

3212022230002 KISCH OIL COMPANY $10,738

3212022230003 T L & B SPANIER $10,762

3212022230004 THOMAS L & BARBARA J SPANIER $8,791

3212022230005 MCSEVEN ENTERPRISES LLC $10,672

3212022230006 G J DEHN & L A DEHN $6,894

3212022230007 RAYDAR PROPERTIES LLC $16,189

3212022230008 NOC‐DAYTON PROPERTY LLC $20,255

3212022230009 NOC‐DAYTON PROPERTY LLC $21,364

3212022310003 R C STENSLIE & J C STENSLIE $8,983

3212022320001 R C STENSLIE & J C STENSLIE $41,945

3212022340001 J J WOREL & J V WOREL $18,401

3212022340004 ARP LLC $43,530

3212022430008 J W CANFIELD ET AL TRUSTEES $3,377

3212022430010 DANIEL M & DEBORA J KOEHLER $24,736

3212022440003 MICHELLE L DIBATTISTA $2,091

3212022320011 L & S STERN $5,338


3012022430003 T F & M G SPAANEM $22,250



3212022120009 MATTHEW WAGONER $6,363

3212022120011 T A LARSON & J J HUFF‐LARSON $1,790

3212022120013 A W STROMBACK/J K STROMBACK $2,896

3212022120014 TIMOTHY LEE KLATKE $6,460

3212022210002 MARGARET K LEKANDER $24,115

3212022210005 D & J HAAK $12,178

3212022210007 D & J EGGERT $24,924

3212022220001 D A & J E EGGERT $21,446

3212022220002 DAVID EGGERT & JOYCE EGGERT $11,886

3212022240002 JOANNE HYNES $1,517

3212022320003 JAMES E STRUCK $144



2912022430005 JOHN & JODI SCHMITZ $27,483

3112022420010 RDO EQUIPMENT CO. $9,872

* PID and Owner based on Hennepin County Property Maps

City of Dayton I 12260 South Diamond Lake Road I Dayton, MN 55327 I (763) 427-4589 I www.cityofdaytonmn.com

Name Name2 Address City

RDate of Notice: September 5, 2019

PUBLIC NOTICE FOR HEARING ON PROPOSED ASSESSMENT CITY OF DAYTON, MN

RE: PID: PID#

TO WHOM IT MAY CONCERN:

Notice is hereby given that the City Council will meet at 6:30 PM on September 24, 2019 in the City Council Chamber of the City Hall to consider, and possibly adopt, the proposed assessment for Improvement No. 1, an improvement to construct an interchange access to Interstate 94 (I-94) referred to as the Dayton Parkway Interchange, and associate roadways, intersections and traffic controls connecting Count Road 101 (Brockton Lane) to the west and County Road 81 to the east. Adoption by the council of the proposed assessment may occur at the hearing. The area to be assessed is indicated on the back side of this page.

The amount to be specially assessed against your particular lot, piece, or parcel of land is $___. Such assessment is proposed to be payable in equal annual installments extending over a period of 20 years, the first of the installments to be payable on or before the first Monday in January 2020, and will bear interest at the rate of 3 (three) percent per annum from the date of the adoption of the assessment resolution.

You have until November 15, 2019 to pay in full the entire amount of the assessment to the City Clerk without incurring interest. Any consecutive year, you may at any time, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is three (3) percent per year. The right to partially prepay the assessment is not available.

The proposed assessment roll is on file for public inspection at the city clerk’s office. The total amount of the proposed assessment is $2,000,000.00. Written or oral objections will be considered at the meeting. No appeal to district court may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The council may upon such

notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable.

Under Minn. Stat. §§ 435.193 to 435.195 and city Resolution No. 37-2019, the council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older, one retired by virtue of a permanent and total disability, or a member of the National Guard or other reserves ordered to active military service for whom it would be a hardship to make the payments. The City Council also adopted Resolution 37-2019 providing an additional unimproved property deferral based on the following criteria:

1) Properties with improvements that are functionally or financially obsolete; i.e. withimprovements that do not scientifically contribute to the overall value of the property; and

2) Properties that have not been improved with improvements that are consistent with theproperty’s guided highest and best use under the Comprehensive Plan, including non-conforming properties.

3) Properties with no physical improvements, i.e vacant land.4) When deferment of the special assessment has been granted and is terminated for any

reason provided in that law and Resolution, all amounts accumulated plus applicableinterest become due. Any assessed property owner meeting the requirements of this lawand Resolution No. 37-2019, may, by October 14, 2019, apply to the city clerk for theprescribed form for such deferral of payment of this special assessment on his/her property.

Please use attached Deferral Application.

An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk.

Respectfully Submitted,

Tina Goodroad

City Administrator/Development Director

DAYTON PARKWAY INTERCHANGE ASSESSMENT PRE-DEVELOPMENT DEFERRAL APPLICATION

Name: ________________________

Property Address: ____________________________________________

The criteria for Deferral adopted by the City Council are as follows:

1. The Council hereby determines that the following categories of properties that areproposed for assessment for the Interchange Project should be considered a “pre-development” properties eligible to apply for a deferral of proposed assessment:

a. Properties with improvements that are functionally or financially obsolete,i.e. with improvements that do not significantly contribute to the overall value of the property; and

b. Properties that have not been improved with improvements that areconsistent with the property’s guided highest and best use under theproposed Comprehensive Plan; and

c. Properties with no physical improvements.

Explain below why your property in your judgment meets the above criteria:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Attach maps, photographs, and pertinent documents supporting the deferral request.

APPLICATIONS SHALL BE SUBMITTED TO THE CITY CLERK NO LATER THAN OCTOBER 14, 2019. APPLICATIONS WILL BE CONSIDERED AT THE OCTOBER 22, 2019 CITY COUNCIL MEETING

Dated: ______________________ ___________________________

Property Owner

Documents

AGENDA CITY OF DAYTON, MINNESOTA 12260 So. Diamond … · A. Approval of Council Meeting Minutes of August 27, 2019 B. Approval of Payment of Claims for September 10, 2019 C. Approval