AGENDA CITY OF DAYTON, MINNESOTA 12260 So. Diamond … · Diamond Lake by sharing 50% of the treatment cost at approximately $9448. Gustafson asked how the Association determines

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 BUSINESS

New Business

6:55 E.

7:15 F.

7:35 ADJOURNMENT

AGENDA

CITY OF DAYTON, MINNESOTA

12260 So. Diamond Lake Road, Dayton, MN 55327

Tuesday, July 28, 2020

Approval of Resolution 50-2020; Granting Interim Use Permit for Nordgaard

Approval of Council Meeting Minutes of July 14, 2020

Approval of Payment of Claims for July 28, 2020

WORK SESSION 5:15 P.M. Capital Improvement Plan Discussion

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

Approval of Change Order 5 related to Sanitary Sewer Extension and Assessment

Agreement

Approval of Pay Application 1 for Pineview / Oakview Lane Improvements

These routine or previously discussed items are enacted with

one motion

CONSENT AGENDA

Commission Process Update City Code

You can join this meeting via Zoom and the invite can be found on the City's website community

calendar

COUNCIL MEETING CITY OF DAYTON, MINNESOTA JULY 14, 2020 12260 SO. DIAMOND LAKE ROAD 6:30 P.M. HENNEPIN/WRIGHT COUNTIES PAGE 1 OF 7

Mayor McNeil called the public meeting to order at 6:30 p.m.

PRESENT: Mayor Tim McNeil, Bob O’Brien, Dennis Fisher, Jon Mellberg, and Julie

Gustafson

ABSENT: none

ALSO PRESENT: Engineer Jason Quisberg; Police Chief Paul Enga; Fire Chief Jason

Mickelson; Public Works Superintendent Marty Farrell; City Administrator/Development

Director Tina Goodroad; and City Clerk Amy Benting

APPROVAL OF AGENDA:

Benting requested Item C be pulled from the agenda for discussion.

MOTION: Motion was made by Councilmember O’Brien, seconded by Councilmember

Mellberg, to approve the agenda items, as amended. Motion passes unanimously.

CONSENT ITEMS:

A. Approval of Council Meeting Minutes of June 23, 2020

B. Approval of Payment of Claims for July 14, 2020

C. Approval of Resolution 49-2020; Appointing Election Judges

D. Accepting Letter of Resignation of Part-Time Officer Jason Nelson

E. Approval of Resolution 48-2020; Granting Approving of Final Plat of French Lake

Industrial Center Four

F. Approval of Resolution 47-2020; Sundance Greens 4th Addition Final Plat

G. Adopting City of Dayton Water Supply Plan


Gustafson, to approve the Consent Agenda as read. Motion passes unanimously.

C. Approval of Resolution 49-2020; Appointing Election Judges

Benting stated the City was short of Election Judges and did some additional promotion.

She explained the City has enough judges to meet State Statute but is still accepting

applications. She said it would be ideal to have a few more to Election Judges at each

location to help with sanitizing.


Gustafson, to approve Resolution 49-2020; Appointment of Election Judges. Motion

passes unanimously.


OPEN FORUM:

Sandy Borders, 12631 South Diamond Lake Road, came forward and asked to read an

impact statement she prepared for the Court on an issue involving Mayor McNeil. Mayor

McNeil explained the City Council does not get involved in private matters and will only

entertain matters that directly relate to the City. McNeil asked Councilmembers if they

were interested in hearing the impact statement. O’Brien stated the business does not

pertain to the City. Fisher supported the resident speaking because it involves a member

of the Council. Gustafson suggested voting on allowing the resident to speak. McNeil

asked for those in favor of hearing the statement: 1 (Fisher); and for those opposed 3

(Gustafson, O’Brien, Mellberg).

Goodroad stated Zoom and streaming have been slower than normal this past week. She

encouraged residents to type a question if they are watching remotely and staff can relay

the question to the Council.

STAFF, CONSULTANT AND COUNCIL UPDATES:

Goodroad – Announced there are two work sessions in August for discussion on the

budget and the long-term plan. She scheduled another work session on July 28 at 5:15

p.m. to discuss projects in the CIP. Goodroad stated permit activity is picking up with 108

single family permits issued and several more applications are under review. In total,

general permits are ahead of where they were last year. Goodroad stated staff are

working on a virtual open house on the 2040 Comp Plan in August. The Planning

Commission will hold a public hearing on September 3 for the Comp Plan and Goodroad

would like Council to attend the public hearing to hear the public’s feedback. Goodroad

announced the State Legislature mandated a feasibility study for the Mississippi River

Crossing. She stated it is a continuation of work done in 2004.

Benting – Absentee voting is going on now and residents can apply in-person. Direct

absentee balloting begins August 4. Benting stated the City has not seen a large number

of absentee balloting or in person absentee and is prepared for long lines on Election Day

due to social distancing. The primary election is August 11 and the polling sites are the

Activity Center, school, and new Public Works building. Residents can locate information

on the City’s website by clicking government/elections. Benting encourages residents to

vote by mail if possible.


Farrell – Three Rivers Park District is moving trees on their site. River Hills and Stephens

Park excavation is starting this week. The parking lot at the disc golf course is complete

and is about double in size. The City signage committee will meet on July 23 at 5:30 to

review concepts. Farrell is arranging for a drone flyover for interchange and parks

projects.

Mickelson – the Fire Department is advertising for firefighters and has received 15

applications.

Quisberg – drilling will begin for the test well at River Hills.

McNeil – sunflower patches going well. McNeil would like to invite Johnny Fish to a

meeting in order to recognize him and have him present information explaining his project.

McNeil would like to address the Council regarding his presence in the news at the end

of the meeting.

Fisher – stated he was concerned with how quickly the Council pushed the citizen aside

during public comment. He felt that anyone approaching the table should be given their

three minutes. Gustafson stated it was not City business, but she is concerned that McNeil

will get to speak to the Council and Ms. Borders will not have the same opportunity.

McNeil stated he will not address the Council on this matter.

COUNCIL BUSINESS:

New Business

H. Bruce Lamontte - Diamond Lake Improvements

Chris Covington, President of Diamond Lake Improvement Association,

presented information about Diamond Lake as an asset to Dayton. He explained

the Association was formed to improve the quality of Diamond Lake and is a non-

profit organization. Mr. Covington described the history of the lake and the

actions the association has taken to improve the lake quality by combatting

invasive species. Mr. Covington explained the Association has contracted to treat

the entire lake. Mr. Covington asked the City to support the maintenance of

Diamond Lake by sharing 50% of the treatment cost at approximately $9448.

Gustafson asked how the Association determines success. Mr. Covington

explained a lake survey is done in the spring and shows the density of curly-leaf

pondweed. The Association compares the data from year to year to determine


improvement. He stated as the Association continues treatment, they will be

better able to track the progress.

McNeil asked what will happen after three years of treatment. Mr. Covington

stated the goal will be to maintain and after three years, the amount of treatment

may be reduced. McNeil stated the treatment of Diamond Lake is a huge benefit

to the community and he would like to see the goals and cost identified and in the

budget. McNeil stated the funds for this project are in the CIP and no formal

motion needs to be made.

I. Police Budget Presentation

Enga reviewed the Department’s Mission Statement and provided a brief

overview of Department staffing. Enga presented a list of community events the

Department participates in. He showed a list of Police Department vehicles,

mileage, and assets. Enga displayed charts illustrating call levels and categories

from 2015-2019. Enga presented staffing goals for 2021 including a new full-time

patrol officer with the addition of the Dayton Interchange. Enga explained

increases in overtime, communications, and fuel. Enga presented the CIP needs

for 2021 including two squad cars and Dyno Forms to print directly from the

squad car. Enga presented future staffing goals from 2021-2026. Enga presented

accomplishments and goals the Department achieved in 2019.

Gustafson asked if the City trains and allows for choke holds. Enga replied it is in

the City’s policy to allow choke holds only for deadly force incidents. McNeil

stated this is has been a stressful 6 months and the City has coordinated with the

Police Department and neighboring cities. He thanked Chief Enga and the Police

Department. Fisher asked about COVID and the call load during the pandemic.

Enga stated when the shelter in place order was first issued, there was a

significant drop in call load. Now that things are opening up, call loads have been

increasing.

J. Fire Budget Presentation

Mickelson reviewed the Fire Department’s achievements in 2019 including an

increase in calls for service, hiring firefighters, attending public events, replacing

an engine, grants, and training. Mickelson outlined the 2021 budget highlighting

increases for staffing, salaries, and supplies. Mickelson stated most items will

remain the same as 2020 and the increase is proposed to be $13,105 or 4.21%.

Mickelson showed pictures of the replacement engine being built and will be


delivered in November 2020 or shortly after. Mickelson presented CIP items for

2021-2023 which included thermal imaging cameras, breathing air compressor,

rescue/grass rig and a new fire engine. Mickelson detailed the CIP for Fire

Stations including painting, ventilation, doors, and land acquisition for a new fire

station.

Mellberg asked how the Dayton Interchange will affect the Fire Department.

Mickelson responded that Rogers currently services the area on the other side of

94 but they have asked Dayton to take it back once the interchange opens.

K. Ordinance 2020-11; An Ordinance to Amend Section 52.057 Water

Conservation

Farrell explained the City has noticed a significant increase in water usage

primarily from the irrigation of lawns. He stated the City is struggling to maintain

water levels and the well is running on average 16 hours a day. He proposed the

City implement an odd/even irrigation ordinance.

McNeil stated the City has required new development to have rain gauges on

irrigation systems and to use water from retention ponds so as not to put

additional pressure on the City’s water system. Gustafson suggested having

neighborhoods take time slots so not everyone is watering at the same time.

Fisher asked what the recovery time is for the water tower to get to a sufficient

level. Farrell responded the recovery time is about 7 hours. Fisher said he

believes people are just going to water twice as long and create the same

problem. Farrell explained much of the issue is education and he has placed

information on the website about irrigation. Farrell stated he has talked to

neighboring cities and the odd/even rule has worked. Goodroad stated that

residents are using too much water on lawns and it is impacting the system.

Mellberg asked if the City could do a mailer educating residents.

Farrell displayed charts and tables showing water usage has doubled in the

month of June from last year. Farrell explained the roll out process if the Council

were to adopt the odd/even ordinance. The City would send out a mailer, set out

notice boards, use Facebook, and provide detailed information on the City’s

website. Farrell stated this is an initial step, so the City doesn’t have to go to a

water ban.


Mellberg asked Farrell to explain what will happen next year when the new well is

available. Farrell stated the role of the well is to supplement what the City has

now. He explained they wells will alternate usage and will sometimes run

together to meet peak demand. He stated as new homes are built, both will be

needed more often.

Fisher asked if the City could place a sunset clause on the ordinance. McNeil

stated he would like to sunset it and if it is still an issue, then extend the

ordinance. He explained using retention ponds to irrigate will resolve this issue.

Mellberg asked if a sunset clause was needed or if the ordinance should just be

for three months. Fisher stated it is only needed for three months. O’Brien stated

the City needs to find a way to conserve water because the aquifers are not

going to last forever. McNeil stated the Council can readdress the odd/even

ordinance and water usage next year after gathering data on how it worked this

year.


Mellberg, to approve Ordinance 2020-11 amending Section 52.057 Water Conservation

with a sunset clause that ends October 31. Motion passes unanimously.

L. Approval of Dayton Parkway Interchange Change Order #5

Quisberg explained the City received the cost for the project and it was higher

than anticipated, resulting in the proposal of a change order. He stated the City is

working with the contractor on design options to get the cost down. Quisberg

explained the City received the options just before the meeting and has not had

time to review it. He asked for approval to move forward with the project knowing

that the cost of $689,000 is the ceiling for the project and that it will come down

from that amount. He stated the formal change order will be brought to Council at

the next meeting.

Council reached consensus to move forward with the project and approve the

change order at the next meeting.

M. Cares Act Funding Discussion

Goodroad explained the State received Federal money for COVID to disseminate

to local communities based on population. She stated Dayton’s amount is

$457,466 for costs incurred 3/1/2020 through 11/15/2020. She said the City has

received the funding and has to document how it is using the funds for costs


related to the pandemic and not in the City’s budget. She explained there are

payroll costs, PPE supplies, IT and AV equipment, fire department costs, and

expansion of wireless capabilities. McNeil stated he would like to see something

for small businesses. Goodroad stated she has budgeted $50,000 for small

business grants. McNeil stated he has received calls from employees of

businesses who were laid off and could not pay rent. He would like to see grants

for individuals impacted by the shutdown.

Council reached consensus for staff to move forward with a plan to utilize the

Care Funds and return to Council for approval.

ADJOURNMENT:

MOTION: Motion was made by Councilmember Fisher, seconded by Councilmember

Gustafson to adjourn at 8:42 p.m. Motion carries unanimously.

Respectfully Submitted,

Shari Kunza, Recording Secretary

TimeSaver Off Site Secretarial, Inc.

Approved: __________________ Attest: Amy Benting

Meeting Date: 07-28-2020 Item: C

APPLICANT: Dave Nordgaard

ITEM: Resolution 50-2020: Application by Dave Nordgaard for a Home Extended Business (IUP) at 11520 Hemlock Lane North to operate the business known as Branch Manager.

PREPARED BY: Alec Henderson, Planner

60-DAY RULE SUMMARY:Application Accepted: 6/10/2020 60-Day Review Deadline: 08/9/202060-Day Extension Invoked: --

BACKGROUND/OVERVIEW: In March of this year we received a couple complaints regarding the operation of a Home Occupation from a few nearby residents to 11520 Hemlock Lane. The parcel is located South of Elm Creek Lane, North of the Park Reserve, and West of the Natures Crossing development on Hemlock Lane. The complaints revolved around truck traffic (semis and straight trucks) and noise from unloading palettes with a gas-powered forklift. Staff contacted the owner of the property, Dave Nordgaard, and was informed that the owner has been operating a home business known as Branch Manager. Branch Manager assembles and ships tree grapple attachments for construction equipment. This application is to consider temporary approval for the home business until the business can find an alternate location. While the home business is currently operating beyond the zoning code, the Home Extended Business IUP approval process allows some flexibility which may be warranted in light of the COVID-19 Pandemic and uncertainty surround business relocation.

ZONING AND LAND USE: The subject property is currently Zoned A-1 – Agriculture and properties to the North and East are in agricultural districts, while the Elm Creek Park Reserve is to the west and south of the property.

The subject property is 3.87 acres and its current principle use is as homesteaded residential lot while an accessory building is used for the business. The parcels surrounding the lot have similar principal uses as homesteads. To our knowledge, this is the only home occupation in the vicinity.

Based on our Home Occupation Ordinance (attached to this report), Home occupations must be clearly incidental and secondary to residential use, the owner-operator must reside in the dwelling, no more than 8 round trips from vehicles. Home Extended Businesses may be operated on Agricultural lots over 1 acre, and must be 100 ft from any residential dwelling (other than subject property). Additionally, guidance

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While the code sets baselines for home occupations, the ordinance does allow flexibility: “The City Council may allow Home Occupations to operate in excess of the provisions in this section provided the City has reasonable assurance, due to the nature of the Home Occupation or through mitigation measures (e.g. increase landscaping, or screening than required), that the Home Occupation will not adversely impact neighboring properties or become a nuisance.” For full ordinance and requirements see attached. PROPOSED USE: Dave Nordgaard has been operating Branch Manager in Dayton for a little over a year. Based on information provided by the applicant via a questionnaire, a site visit, and information from nearby residents, the business involves the design, assembly and shipping of tree grapple attachments for construction equipment such as loaders. Parts are delivered to the outbuilding and assembled and placed on pallets and shipped out. Employees:

• 4 people are employed other than the resident. One employee assembles the grapples with a compressed air wrench; one employee works in sales; one employee has R & D and sales responsibilities, and one employee is an admin assistant.

Vehicle Trips: • 4 employees may create 4 vehicle trips per day, and 2 trucks for the residential/business

use may create 2 additional trips. • 2 to 4 semis, box trucks, or straight trucks may deliver and ship out parts and assembled

grapples on any given day. Possibly 10 truck visits occur on average weekly. This is dependent on sales.

• Total trips per day may be between 8 and 12. Equipment on site:

• A compact wheel loader is used as a fork lift on site to load and unload trucks. This is not equipment customarily found at other residents, but there are no codes prohibiting the use of small equipment or storage of personal vehicles or equipment on site, provided they are not seen from the road, or parked inside.

• An air compressor and air wrench is used on site for bolting the grapple attachments together.

Outdoor Storage: • There is some limited outdoor storage while assembled grapples wait for pickup, some

pallets are temporarily stored under a lean to that is attached to the building to the east, or a lean to that is detached and east of the outbuilding. The storage is not visible from the street, and is significantly screened from neighbors by existing mature vegetation and trees. The storage is not in excess of 20% of the lot and does meet ordinance requirements.

Operation: • The business operates 8:00am to 4:30pm Monday through Friday. • There are no customer visits to the property. • Off street parking is available for the employees north of the building. • The street is not used for parking. • Sale of goods does occur on site as grapple/equipment attachment orders are filled and

shipped from the property, but no direct sales.

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• No interior or exterior alteration not customarily found a residence are required for the operation of the home occupation. The building is of standard residential or agricultural construction.

• One small sign is affixed to an entry post. It is no larger than an address or street name sign.

• The Outbuilding is approximately 5,000 square feet. Half of the outbuilding is used for storage, and the other half is for the shop and office area.

Noise: • There is some noise from the air wrench during operation, however, with the garage

doors closed, this is not audible off site. • More noise is attributed to the deliveries and loading/unloading than with the assembly

on site. Waste:

• Waste is collected on site in bins and hauled off-site, no burning of garbage or waste materials is occurring on site.

Operation in excess of home occupation code:

• The home business is currently being operated in a manner that goes beyond what is permitted by the home occupation code:

o More than 2 employees other than the residents are employed on site. o Noise from operating the loader for unloading/loading of products for shipping

has been creating issues with surrounding neighbors. o Vehicle trips and deliveries are happening in excess of 8 trips per day depending

on sales. There have been some instances of backed up traffic due to the difficulty navigating the corner at Hemlock Lane and Elm Creek Road. Traffic can back up in this location across the Three Rivers trail in Elm Creek Park reserve.

Interim use Permit Requirements (the following are required for IUP approval):

1. The proposed use is consistent with the Comprehensive Plan and the purpose of the underlying zoning district.

2. The proposed use will not substantially diminish or impair property values within the immediate vicinity of the subject property.

3. The proposed use will not be detrimental to the health, safety, morals or welfare of persons residing or working near the use.

4. The proposed use will not impede the normal and orderly development of surrounding property.

5. The proposed use will not create an undue burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area.

6. The proposed use is adequately screened. 7. The proposed use will not create a nuisance, including but not limited to odor, noise,

vibration or visual pollution. 8. The proposed use will provide adequate parking and loading spaces, and all storage on

the site is in compliance with this Subsection. 9. The proposed use will protect sensitive natural features. 10. The City Council may attach conditions to the permit, as it may deem necessary in order

to lessen the impact of a proposed use, meet applicable performance standards and to promote health, safety and welfare.

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Based on the information we have about the applicant’s home occupation; it does go beyond what was envisioned by the Home Occupation code revisions in 2018. The business also may not conform long term to the IUP requirements. The truck traffic required of the business does conflict with the neighboring properties, and does create traffic issues on Elm Creek Road and possibly pedestrian traffic within the Park Reserve. However, some conditions for approval could decrease the negative impact of the business by limiting truck deliveries to straight trucks (rather than semis), and limiting the days for when deliveries and outgoing shipments can be made. For a temporary approval, staff would recommend conditions to reduce impacts. Extenuating circumstances: Dave Nordgaard has expressed that prior to the COVID-19 pandemic he had been researching a more permanent location for the business rather than permanently operating out of the home. Traditionally, home occupations can be suited for a start up business to build a business prior to moving to a more permanent location once the business grows beyond what can be allowed on a residential property. In this case, the business has started to operate beyond what is suited for home occupations. Additionally, due to more people being home, impacts could be exacerbated due to increased presence of neighbors surrounding any given home occupation. The Planning Commission could consider providing temporary relief for the applicant by recommending approval of the IUP with conditions to improve the situation until Branch Manager can find an alternate location. Staff would recommend that if the Planning Commission considers recommending approval, that the time limit for the IUP be for a period of 1 year or until Branch Manager can find an alternate location, whichever is sooner. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the IUP for the Home Occupation with the following conditions.

1. The home extended business shall comply with the provisions of the City Nuisance Ordinance and City Noise Ordinance.

2. All parking associated with the home extended business shall occur on-site on the existing driveway and parking pad near the accessory building.

3. The home extended business shall limit incoming and outgoing deliveries and shipments to two business days/week days during the week. Shipments shall be on straight trucks rather than semis to mitigate traffic congestion issues.

4. The home extended business shall be limited to hours of operation not to exceed 7:00 am to 5:00 pm Mondays through Fridays; no deliveries or operations except office work shall be conducted on weekends or holidays and office work.

5. The air wrench for assembling the products shall be operated with the garage doors closed.

6. No more than six persons shall be employed at the property who do not reside at the home of the subject property.

7. The home extended business IUP shall be valid for a period of one (1) year from the effective date of this resolution, or shall expire when the business is relocated.

8. If the City Zoning Administrator, his/her designee, finds that the use is not in compliance, the permit holder will be notified and shall have 60 days to bring the use into compliance. Should the home extended business’ noncompliance continue passed 60 days, the home extend business IUP shall be revoked.

9. The applicant shall be billed for staff time or expenses accrued while enforcing this IUP.

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10. Hennepin County’s Tax Assessor shall be informed of the Home Extended Business.

ACTION: The City Council has the following options:

1) Consider approval of the IUP with the Planning Commission recommended conditions, or additional conditions (Staff and Planning Commission support this option)

2) Consider recommending denial for the Extended Home Business with suggested findings related to denial

3) Table the item with direction to staff as to additional information City Council would like to review. Staff would extend the deadline to the full 120 days to provide enough time for Council action.

ATTACHMENT(S): Location Map Site Visit Pictures Questionnaire Submitted by Applicant Resolution 50-2020

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RESOLUTION NO. 50-2020 CITY OF DAYTON

COUNTIES OF HENNEPIN AND WRIGHT

RESOLUTION GRANTING AN INTERIM USE PERMIT FOR DAVE NORDGAARD’S HOME EXTENDED BUSINESS AT 11520 HEMLOCK LANE NORTH

BE IT RESOLVED, by the City Council of the City of Dayton, Minnesota, as follows:

WHEREAS, Dave Nordgaard (hereinafter referred to as the “Applicant”) have made an application for an Interim Use Permit for a Home Extended Business (herein after referred to as the“IUP”) for the property located at 11520 Hemlock Lane North, Dayton, MN, with the property Identification Number 35-120-22-12-0011; and

WHEREAS, the City staff studied the matter, made a report, and provided other information to the Planning Commission and City Council; and

WHEREAS, the City Planning Commission held a public hearing at its July 9th, 2020 meeting regarding the IUP, at which the Applicant was present and presented information and the commission recommended approval with conditions; and

WHEREAS, the City Council at its July 28th, 2020 meeting reviewed and considered the

application, at which the Applicant was present and presented information.

NOW, THEREFORE, based upon the information from the public hearing, the testimony elicited and information received, the meetings of the City Council, reports of City Staff and information contained within the files and records of the City, the City Council for the City of Dayton makes the following:

FINDINGS:

1. The Subject Property is zoned A-1 Agricultural and is 3.87 acres. 2. The Applicant has applied for an IUP for a Home Occupation and states that the

business assembles grappling hooks and other attachments for loaders and other small construction equipment. The Home Occupation will be conducted out of the existing outbuilding.

3. Home Extended Businesses are Interim Uses in A-1 zoned districts. The proposed use is accessory to the principle use as a homestead.

4. Dayton Zoning Code Ordinance §1001.23 states that a CUP/IUP will only be granted if the following criteria have been met:

a. The proposed use is consistent with the Comprehensive Plan and the purpose of the underlying zoning district.

b. The proposed use will not substantially diminish or impair property values within the immediate vicinity of the subject property.

c. The proposed use will not be detrimental to the health, safety, morals or welfare of persons residing or working near the use.

RESOLUTION NO. 50-2020 Page 2 of 3

d. The proposed use will not impede the normal and orderly development of surrounding property.

e. The proposed use will not create an undue burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area.

f. The proposed use is adequately screened. g. The proposed use will not create a nuisance, including but not limited to

odor, noise, vibration or visual pollution. h. The proposed use will provide adequate parking and loading spaces, and

all storage on the site is in compliance with this Subsection. i. The proposed use will protect sensitive natural features. j. The City Council may attach conditions to the permit, as it may deem

necessary in order to lessen the impact of a proposed use, meet applicable performance standards and to promote health, safety and welfare.

5. The proposed Home Occupation IUP generally meets the requirements of the Home Occupation and Home Extended Business Zoning Ordinance §1001.13.and Dayton Zoning Code Ordinance §1001.23 for IUPs provided conditions can be met reducing the impact of the use.

DECISION

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dayton,

based upon the information received and the above Findings, that the City Council does herby grant and approves the IUP for Home Extended Business on the Subject Property and the following conditions shall be met to the satisfaction of the City: The IUP is granted with the following conditions:

1. The home extended business shall comply with the provisions of the City Nuisance Ordinance and City Noise Ordinance.

2. All parking associated with the home extended business shall occur on-site on the existing driveway and parking pad near the accessory building.

3. The home extended business shall limit incoming and outgoing deliveries and shipments to two business days/week days each week.. Shipments shall be on straight trucks rather than semis to mitigate traffic congestion issues.

4. The home extended business shall be limited to hours of operation not to exceed 7:00 am to 5:00 pm Mondays through Fridays; no deliveries or operations except office work shall be conducted on weekends or holidays and office work.

5. The air wrench for assembling the products shall be operated with the garage doors closed.

6. No more than six persons shall be employed at the property who do not reside at the home of the subject property.

7. The home extended business IUP shall be valid for a period of one (1) year from the effective date of this resolution, or shall expire when the business is relocated whichever occurs first.

8. If the City Zoning Administrator, his/her designee, finds that the use is not in compliance, the permit holder will be notified and shall have 60 days to bring the

RESOLUTION NO. 50-2020 Page 3 of 3

use into compliance. Should the home extended business’ noncompliance continue passed 60 days, the home extend business IUP shall be revoked.

9. The applicant shall be billed for staff time or expenses accrued while enforcing this IUP.

10. Hennepin County’s Tax Assessor shall be informed of the Home Extended Business.

Adopted this 28th day of July, 2020, by the City of Dayton. ____________________________________ Mayor — Timothy McNeil ____________________________________ City Clerk — Amy Benting Motion by ________________ Second by _______________. Ayes __. Nays __. Resolution approved/denied __-__. MOTION DECLARED PASSED/FAILED.

Meeting Date: 07-28-2020 Item Number:D

PRESENTER:

Jason Quisberg

ITEM:

Pineview Lane N and Oakview Lane N Improvements - Pay Application #1

PREPARED BY:

Jason Quisberg, Engineering

POLICY DECISION / ACTION TO BE CONSIDERED:

None

BACKGROUND:

New Look Contracting has begun work on the Pineview Lane and Oakview Lane Improvements

project and has submitted Pay Application #1 for the work completed to date in the amount of $283,814.26. 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.

New Look has completed the installation of storm sewer, site demolition, and preliminary street improvements in Phase 1 of the project. Phase 1 includes the area of Pineview Lane from the

intersection of Granstrom Circle (or 132nd ½ Ave N) North to South Diamond Lake Road. In the

coming weeks New Look plans to complete road construction in Phase 1 and proceed onto

Phase 2 which includes the remainder of Pineview Lane, Oakview Lane, and County Road 121 improvements.

CRITICAL ISSUES:

COMMISSION REVIEW / ACTION (IF APPLICABLE):

60/120-DAY RULE (IF APPLICABLE):

RELATIONSHIP TO COUNCIL GOALS:

BUDGET IMPACT:

CITY COUNCIL REGULAR MEETING Page 2

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

RECOMMENDATION:

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

$283,814.26.

ATTACHMENT(S):

Payment Request #1 Pineview Lane and Oakview Lane Improvements Payment #1 Tabulation

OWNER: City of Dayton

PROJECT: Pineview Lane N and Oakview Lane N Improvements

PROJECT NO.: S.A.P. 229-020-005/S.A.P. 229-114-001/S.A.P. 027-721-010

CONTRACTOR: New Look Contracting Inc.

3,934,289.45$

-$

3,934,289.45$

298,751.85$

14,937.59$

283,814.26$

-$

283,814.26$

CONTRACTOR

SECTION 00 62 76

APPLICATION FOR PAYMENT FORM

PAY ESTIMATE NO. 1

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.

Total Amount Previously Certified

Payment Request This Estimate

Original Contract Amount

Contract Changes approved to Date (List Change Order Numbers)

Revised Contract Price

Work Completed to Date (attached)

Retainage to Date, 5%

Work Completed to Date Less Retainage to Date

Eric Stratford

Typewriter

Dated 7/22/2020

Approval:

(CONTRACTOR) ____________________________________ Date _______________

WENCK ASSOCIATES, INC. ____________________________________ Date _______________

Jason Quisberg, P.E.

City of Dayton ____________________________________ Date _______________

END OF SECTION

and New Look Contracting Inc. (CONTRACTOR) and all authorized changes thereto.

April 29th, 2020 between the City of Dayton (OWNER)

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

Eric Stratford

Typewriter

07/22/2020

MatCJ0617

Image

MatCJ0617

Text Box

07/22/20

PINEVIEW LANE, OAKVIEW LANE, AND CR 121 IMPROVEMENTS PROJECT

PAYMENT REQUEST FORM

CONTRACTOR: NEW LOOK CONTRACTING

NO. MNDOT # ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE

BASE BID SCHEDULE QTY PRICE QTY PRICE

1 2021.501 MOBILIZATION LUMP SUM 1 95,000.00$ 95,000.00$ 0.5 47,500.00$ 0.5 47,500.00$

2 2101.505 CLEARING ACRE 4.1 7,850.00$ 32,185.00$ 0.94 7,379.00$ 0.94 7,379.00$

3 2101.505 GRUBBING ACRE 4.1 5,200.00$ 21,320.00$ 0.94 4,888.00$ 0.94 4,888.00$

4 2101.524 CLEARING TREE 6 300.00$ 1,800.00$ 11 3,300.00$ 11 3,300.00$

5 2101.524 GRUBBING TREE 6 300.00$ 1,800.00$ 11 3,300.00$ 11 3,300.00$

6 2104.502 REMOVE PIPE APRON EACH 14 250.00$ 3,500.00$ 2 500.00$ 2 500.00$

7 2104.502 REMOVE CATCH BASIN EACH 4 250.00$ 1,000.00$ -$ -$

8 2104.502 REMOVE SIGN EACH 12 50.00$ 600.00$ -$ -$

9 2104.502 SALVAGE & REINSTALL MAIL BOX EACH 21 200.00$ 4,200.00$ -$ -$

10 2104.502 SALVAGE SIGN EACH 21 50.00$ 1,050.00$ -$ -$

11 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH) LIN FT 315 5.00$ 1,575.00$ -$ -$

12 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) LIN FT 905 2.50$ 2,262.50$ -$ -$

13 2104.503 REMOVE PIPE CULVERTS LIN FT 666 12.00$ 7,992.00$ 63 756.00$ 63 756.00$

14 2104.503 REMOVE SEWER PIPE (SANITARY) LIN FT 10 50.00$ 500.00$ -$ -$

15 2104.503 REMOVE CURB & GUTTER LIN FT 127 10.00$ 1,270.00$ -$ -$

16 2104.503 REMOVE RETAINING WALL LIN FT 68 35.00$ 2,380.00$ -$ -$

17 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 808 9.00$ 7,272.00$ -$ -$

18 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 323 5.85$ 1,889.55$ -$ -$

19 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 24231 3.65$ 88,443.15$ 4313 15,742.45$ 4313 15,742.45$

20 2104.618 SALVAGE PAVERS SQ FT 673 4.00$ 2,692.00$ -$ -$

21 2105.507 COMMON EXCAVATION - ONSITE (EV) CU YD 18393 5.50$ 101,161.50$ -$ -$

22 2105.507 COMMON EXCAVATION - OFFSITE (EV) CU YD 23100 10.50$ 242,550.00$ -$ -$

23 2105.507 SUBGRADE EXCAVATION (EV) CU YD 1685 16.00$ 26,960.00$ -$ -$

24 2105.604 GEOTEXTILE FABRIC TYPE 5 SQ YD 31634 1.75$ 55,359.50$ -$ -$

25 2105.607 STRIP, STOCKPILE, AND RESPREAD TOPSOIL (P) SQ YD 39475 2.75$ 108,556.25$ -$ -$

26 2105.609 SELECT GRANULAR BORROW TON 21090 15.00$ 316,350.00$ -$ -$

27 2118.509 AGGREGATE SURFACING CLASS 2 TON 29 75.00$ 2,175.00$ -$ -$

28 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR 60 1.00$ 60.00$ -$ -$

29 2211.509 AGGREGATE BASE CLASS 5 TON 16525 16.00$ 264,400.00$ -$ -$

30 2232.504 MILL BITUMINOUS SURFACE (2.0") SQ YD 940 5.00$ 4,700.00$ -$ -$

31 2301.504 CONCRETE PAVEMENT 8.0" SQ YD 277 87.00$ 24,099.00$ -$ -$

32 2301.602 1.25" DOWEL BAR EACH 260 18.00$ 4,680.00$ -$ -$

33 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GALLON 3180 3.00$ 9,540.00$ -$ -$

34 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2;B) (TRAIL) TON 1061 75.00$ 79,575.00$ -$ -$

35 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2;B) (OAKVIEW WEAR) TON 745 71.00$ 52,895.00$ -$ -$

36 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2;C) TON 1990 78.00$ 155,220.00$ -$ -$

37 2360.509 TYPE SP 12.5 WEARING COURSE MIX (2;C) TON 870 75.00$ 65,250.00$ -$ -$

38 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (2;B) TON 6670 62.00$ 413,540.00$ -$ -$

39 2360.604 BITUMINOUS DRIVEWAY SQ YD 225 37.00$ 8,325.00$ -$ -$

40 2411.604 PREFABRICATED MODULAR BLOCK WALL SQ YD 225 470.00$ 105,750.00$ -$ -$

41 2501.502 15" RC PIPE APRON EACH 5 870.00$ 4,350.00$ 1 870.00$ 1 870.00$

42 2501.502 24" RC PIPE APRON EACH 3 1,030.00$ 3,090.00$ 1 1,030.00$ 1 1,030.00$

43 2501.502 36" RC PIPE APRON EACH 1 1,700.00$ 1,700.00$ 1 1,700.00$ 1 1,700.00$

44 2501.502 15" RC SAFETY APRON & GRATE DES 3128 EACH 4 1,850.00$ 7,400.00$ -$ -$

45 2501.502 INSTALL METAL APRON EACH 2 400.00$ 800.00$ -$ -$

46 2501.503 15" RC PIPE CULVERT CL V LIN FT 42 66.00$ 2,772.00$ -$ -$

47 2501.503 15" CAS PIPE CULVERT LIN FT 45 45.00$ 2,025.00$ -$ -$

48 2501.602 TRASH GUARD FOR 15" PIPE APRON EACH 5 550.00$ 2,750.00$ 1 550.00$ 1 550.00$

49 2501.602 TRASH GUARD FOR 24" PIPE APRON EACH 3 1,100.00$ 3,300.00$ 1 1,100.00$ 1 1,100.00$

50 2501.602 TRASH GUARD FOR 36" PIPE APRON EACH 1 2,000.00$ 2,000.00$ 1 2,000.00$ 1 2,000.00$

51 2502.503 4" PVC PIPE DRAIN LIN FT 9594 18.50$ 177,489.00$ -$ -$

52 2502.503 4" PVC PIPE DRAIN (POND) LIN FT 360 20.00$ 7,200.00$ -$ -$

53 2502.503 6" PVC PIPE DRAIN (POND) LIN FT 304 22.00$ 6,688.00$ -$ -$

54 2502.602 4" PVC PIPE DRAIN CLEANOUT EACH 44 150.00$ 6,600.00$ -$ -$

55 2502.602 6" PVC PIPE DRAIN CLEANOUT EACH 5 250.00$ 1,250.00$ -$ -$

56 2502.602 4" PRECAST CONCRETE HEADWALL EACH 4 400.00$ 1,600.00$ -$ -$

57 2502.604 2" INSULATION SQ YD 267 40.00$ 10,680.00$ 132 5,280.00$ 132 5,280.00$

58 2503.503 12" RC PIPE SEWER DES 3006 CL V LIN FT 650 52.00$ 33,800.00$ 192 9,984.00$ 192 9,984.00$

59 2503.503 15" RC PIPE SEWER DES 3006 CL V LIN FT 3393 50.00$ 169,650.00$ 1459 72,950.00$ 1459 72,950.00$

60 2503.503 24" RC PIPE SEWER DES 3006 CL IV LIN FT 179 86.00$ 15,394.00$ 73 6,278.00$ 73 6,278.00$

61 2503.503 36" RC PIPE SEWER DES 3006 CL III LIN FT 21 150.00$ 3,150.00$ 21 3,150.00$ 21 3,150.00$

62 2503.602 CONNECT TO EXISTING MANHOLES (SAN) EACH 1 2,000.00$ 2,000.00$ 1 2,000.00$ 1 2,000.00$

63 2503.603 15" HDPE PIPE SEWER LIN FT 144 46.00$ 6,624.00$ -$ -$

64 2503.603 18" HDPE PIPE SEWER LIN FT 389 48.00$ 18,672.00$ -$ -$

65 2503.603 10" PVC PIPE SEWER (SDR 26) LIN FT 71 125.00$ 8,875.00$ 71 8,875.00$ 71 8,875.00$

66 2503.608 DUCTILE IRON FITTINGS POUND 144 10.00$ 1,440.00$ 144 1,440.00$ 144 1,440.00$

67 2504.602 CONNECT TO EXISTING WATER MAIN EACH 1 1,000.00$ 1,000.00$ 1 1,000.00$ 1 1,000.00$

68 2504.602 HYDRANT EACH 2 5,200.00$ 10,400.00$ 2 10,400.00$ 2 10,400.00$

69 2504.602 ADJUST VALVE BOX EACH 6 450.00$ 2,700.00$ -$ -$

70 2504.602 6" GATE VALVE & BOX EACH 1 2,300.00$ 2,300.00$ 1 2,300.00$ 1 2,300.00$

71 2504.602 8" GATE VALVE & BOX EACH 1 2,700.00$ 2,700.00$ 1 2,700.00$ 1 2,700.00$

72 2504.602 16"X8" WET TAP EACH 1 6,000.00$ 6,000.00$ 1 6,000.00$ 1 6,000.00$

73 2504.603 6" DIP WATERMAIN LIN FT 13 110.00$ 1,430.00$ 13 1,430.00$ 13 1,430.00$

74 2504.603 8" PVC WATERMAIN LIN FT 48 100.00$ 4,800.00$ 48 4,800.00$ 48 4,800.00$

75 2506.502 CONST DRAINAGE STRUCTURE DESIGN F EACH 8 3,000.00$ 24,000.00$ 3 9,000.00$ 3 9,000.00$

76 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPECIAL EACH 20 2,300.00$ 46,000.00$ 7 16,100.00$ 7 16,100.00$

77 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPEC 1 EACH 1 9,500.00$ 9,500.00$ -$ -$

78 2506.502 CONST DRAINAGE STRUCTURE 48-4022 EACH 29 3,000.00$ 87,000.00$ 7 21,000.00$ 7 21,000.00$

79 2506.502 CONST DRAINAGE STRUCTURE 60-4022 EACH 2 5,250.00$ 10,500.00$ 1 5,250.00$ 1 5,250.00$

80 2506.502 CONST DRAINAGE STRUCTURE DES 4007 EACH 1 7,000.00$ 7,000.00$ 1 7,000.00$ 1 7,000.00$

81 2506.502 ADJUST FRAME & RING CASTING EACH 4 300.00$ 1,200.00$ -$ -$

82 2506.502 ADJUST FRAME & RING CASTING (SPECIAL) EACH 1 885.00$ 885.00$ -$ -$

83 2511.609 RANDOM RIPRAP (CL II) TON 25 115.00$ 2,875.00$ -$ -$

84 2511.609 RANDOM RIPRAP (CL III) TON 171 115.00$ 19,665.00$ 23 2,645.00$ 23 2,645.00$

85 2521.518 6" CONCRETE WALK SQ FT 3926 17.00$ 66,742.00$ -$ -$

86 2531.503 CONCRETE CURB & GUTTER DESIGN B424 LIN FT 910 26.00$ 23,660.00$ -$ -$




90 2531.503 CONCRETE CURB & GUTTER DESIGN S324 LIN FT 267 37.00$ 9,879.00$ -$ -$

91 2531.503 CONCRETE CURB DESIGN V6 LIN FT 42 31.00$ 1,302.00$ -$ -$

92 2531.504 CONCRETE MEDIAN SQ YD 737 60.00$ 44,220.00$ -$ -$

93 2531.504 7" CONCRETE DRIVEWAY PAVEMENT SQ YD 825 70.00$ 57,750.00$ -$ -$

94 2531.618 TRUNCATED DOMES SQ FT 248 42.00$ 10,416.00$ -$ -$

95 2535.503 BITUMINOUS CURB LIN FT 6380 1.00$ 6,380.00$ -$ -$

96 2540.618 INSTALL PAVERS SQ FT 673 12.00$ 8,076.00$ -$ -$

97 2545.502 LIGHTING UNIT TYPE 9-40 EACH 10 3,215.00$ 32,150.00$ -$ -$

98 2545.502 LIGHT FOUNDATION DESIGN E EACH 10 1,050.00$ 10,500.00$ -$ -$

99 2545.502 EQUIPMENT PAD EACH 1 925.00$ 925.00$ -$ -$

100 2545.502 SERVICE CABINET TYPE L1 EACH 1 6,900.00$ 6,900.00$ -$ -$

101 2545.502 HANDHOLE EACH 4 2,400.00$ 9,600.00$ -$ -$

102 2545.503 2" NON-METALLIC CONDUIT L F 244 25.00$ 6,100.00$ -$ -$

103 2545.503 UNDERGROUND WIRE 1/C 26 AWG L F 105 10.00$ 1,050.00$ -$ -$

104 2545.503 UNDERGROUND WIRE 1/C 8 AWG L F 24732 1.00$ 24,732.00$ -$ -$

105 2554.502 END TREATMENT-TANGENT TERMINAL EACH 1 2,500.00$ 2,500.00$ -$ -$

106 2554.502 ANCHORAGE ASSEMBLY TYPE 31 EACH 1 1,850.00$ 1,850.00$ -$ -$

107 2554.503 TRAFFIC BARRIER TYPE 31 LIN FT 400 30.00$ 12,000.00$ -$ -$

108 2557.603 SNOW FENCE LIN FT 600 4.00$ 2,400.00$ -$ -$

109 2557.603 CHAIN LINK SAFETY FENCE (VINYL COATED, 4-FOOT HEIGHT) LIN FT 210 39.00$ 8,190.00$ -$ -$

110 2563.601 TRAFFIC CONTROL LUMP SUM 1 7,600.00$ 7,600.00$ 0.1 760.00$ 0.1 760.00$

111 2563.601 DETOUR SIGNING LUMP SUM 1 5,400.00$ 5,400.00$ 0.5 2,700.00$ 0.5 2,700.00$

CURRENT PAY REQUEST #1

JULY 2020COMPLETED TO DATE

PINEVIEW LANE, OAKVIEW LANE, AND CR 121 IMPROVEMENTS PROJECT

PAYMENT REQUEST FORM

CONTRACTOR: NEW LOOK CONTRACTING

NO. MNDOT # ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE

BASE BID SCHEDULE QTY PRICE QTY PRICE



112 2563.613 PORTABLE CHANGEABLE MESSAGE SIGN UNIT DAY 50 150.00$ 7,500.00$ -$ -$

113 2563.618 CONSTRUCTION SIGN-SPECIAL SQ FT 200 22.00$ 4,400.00$ -$ -$

114 2564.502 OBJECT MARKER TYPE X4-2 EACH 7 86.00$ 602.00$ -$ -$

115 2564.518 SIGN PANELS TYPE C SQ FT 249 60.00$ 14,940.00$ -$ -$

116 2564.518 SIGN PANELS TYPE D SQ FT 149.5 60.00$ 8,970.00$ -$ -$

117 2564.602 SIGN PANELS TYPE SPECIAL EACH 3 600.00$ 1,800.00$ -$ -$

118 2564.602 INSTALL SALVAGED SIGN EACH 11 215.00$ 2,365.00$ -$ -$

119 2564.602 UTILITY MARKER POST EACH 16 92.00$ 1,472.00$ -$ -$

120 2573.501 EROSION CONTROL SUPERVISOR LUMP SUM 1 1.00$ 1.00$ 0.2 0.20$ 0.2 0.20$

121 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 1.00$ 1.00$ 0.2 0.20$ 0.2 0.20$

122 2573.502 STORM DRAIN INLET PROTECTION EACH 57 115.00$ 6,555.00$ -$ -$

123 2573.503 SILT FENCE; TYPE MS LIN FT 6270 2.00$ 12,540.00$ 2547 5,094.00$ 2547 5,094.00$

124 2573.503 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT 870 4.00$ 3,480.00$ -$ -$

125 2574.505 SOIL BED PREPARATION ACRE 6.6 1.00$ 6.60$ -$ -$

126 2574.507 FILTER TOPSOIL BORROW CU YD 844 34.00$ 28,696.00$ -$ -$

127 2574.508 FERTILIZER TYPE 2 POUND 1420 1.00$ 1,420.00$ -$ -$

128 2575.504 EROSION CONTROL BLANKETS CATEGORY 3N SQ YD 15735 2.00$ 31,470.00$ -$ -$

129 2575.504 TURF REINFORCEMENT MAT CATEGORY 1 SQ YD 312 5.00$ 1,560.00$ -$ -$

130 2575.508 SEED MIXTURE 21-111 POUND 590 3.00$ 1,770.00$ -$ -$

131 2575.508 SEED MIXTURE 25-141 POUND 160 6.00$ 960.00$ -$ -$




135 2575.508 HYDRAULIC MULCH MATRIX POUND 15084 1.35$ 20,363.40$ -$ -$

136 2575.605 SEEDING ACRE 7.2 400.00$ 2,880.00$ -$ -$

137 2582.503 4" BROKEN LINE PAINT LIN FT 697 2.00$ 1,394.00$ -$ -$

138 2582.503 4" SOLID LINE PAINT LIN FT 7148 0.20$ 1,429.60$ -$ -$

139 2582.503 4" DBLE SOLID LINE PAINT LIN FT 4580 0.40$ 1,832.00$ -$ -$

140 2582.503 24" SOLID LINE PAINT LIN FT 162 5.00$ 810.00$ -$ -$

141 2582.503 4" SOLID LINE MULTI COMP LIN FT 7148 0.30$ 2,144.40$ -$ -$

142 2582.503 4" DBLE SOLID LINE MULTI COMP LIN FT 4580 0.50$ 2,290.00$ -$ -$

143 2582.503 12" SOLID LINE MULTI COMP LIN FT 24 10.00$ 240.00$ -$ -$

144 2582.503 24" SOLID LINE MULTI COMP LIN FT 162 8.00$ 1,296.00$ -$ -$

145 2582.503 6" SOLID LINE MULTI COMP GR IN LIN FT 1352 1.00$ 1,352.00$ -$ -$

146 2582.503 24" SOLID LINE MULTI COMP GR IN LIN FT 177 15.00$ 2,655.00$ -$ -$

147 2582.503 8" DOTTED LINE PREFORM TAPE GR IN LIN FT 44 31.00$ 1,364.00$ -$ -$

148 2582.503 4" DBLE SOLID LINE MULTI COMP GR IN LIN FT 1264 2.00$ 2,528.00$ -$ -$

149 2582.518 PAVT MSSG PAINT SQ FT 36 8.00$ 288.00$ -$ -$

150 2582.518 CROSSWALK PAINT SQ FT 126 8.00$ 1,008.00$ -$ -$

151 2582.518 PAVT MSSG MULTI COMP SQ FT 36 20.00$ 720.00$ -$ -$

152 2582.518 CROSSWALK MULTI COMP SQ FT 636 7.00$ 4,452.00$ -$ -$

153 2582.518 CROSSWALK PREF THERMO GR IN SQ FT 240 15.00$ 3,600.00$ -$ -$

ALTERNATE 1 - JONQUILL LANE PEDESTRIAN IMPROVEMENTS UNIT QUANTITY UNIT PRICE TOTAL PRICE

ALT1-1 2021.501 MOBILIZATION LUMP SUM 1 2,000.00$ 2,000.00$ -$ -$

ALT1-2 2101.524 CLEARING TREE 5 125.00$ 625.00$ -$ -$

ALT1-3 2101.524 GRUBBING TREE 5 250.00$ 1,250.00$ -$ -$

ALT1-4 2104.502 REMOVE PIPE APRON EACH 2 250.00$ 500.00$ -$ -$

ALT1-5 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) LIN FT 251 3.00$ 753.00$ -$ -$

ALT1-6 2104.503 REMOVE PIPE CULVERTS LIN FT 56 15.00$ 840.00$ -$ -$

ALT1-7 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 51 9.00$ 459.00$ -$ -$

ALT1-8 2105.601 SITE GRADING LUMP SUM 1 20,000.00$ 20,000.00$ -$ -$

ALT1-9 2105.604 GEOTEXTILE FABRIC TYPE 5 SQ YD 1045 2.00$ 2,090.00$ -$ -$

ALT1-10 2105.607 SELECT GRANULAR BORROW TON 790 16.00$ 12,640.00$ -$ -$

ALT1-11 2211.509 AGGREGATE BASE CLASS 5 TON 540 21.00$ 11,340.00$ -$ -$

ALT1-12 2232.603 MILL EDGE LIN FT 1579 3.00$ 4,737.00$ -$ -$

ALT1-13 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GALLON 90 7.00$ 630.00$ -$ -$

ALT1-14 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2;B) TON 50 69.00$ 3,450.00$ -$ -$

ALT1-15 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2;C) TON 80 74.00$ 5,920.00$ -$ -$

ALT1-16 2360.509 TYPE SP 12.5 WEARING COURSE MIX (2;C) TON 130 76.00$ 9,880.00$ -$ -$

ALT1-17 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (2;B) TON 160 69.00$ 11,040.00$ -$ -$

ALT1-18 2501.502 15" RC SAFETY APRON & GRATE DES 3128 EACH 2 2,000.00$ 4,000.00$ -$ -$

ALT1-19 2501.503 15" RC PIPE CULVERT CL V LIN FT 60 85.00$ 5,100.00$ -$ -$

ALT1-20 2521.518 6" CONCRETE WALK SQ FT 920 25.00$ 23,000.00$ -$ -$

ALT1-21 2531.503 CONCRETE CURB & GUTTER DESIGN B418 LIN FT 187 40.00$ 7,480.00$ -$ -$

ALT1-22 2531.503 CONCRETE CURB DESIGN V6 LIN FT 17 31.00$ 527.00$ -$ -$

ALT1-23 2531.618 TRUNCATED DOMES SQ FT 100 42.00$ 4,200.00$ -$ -$

ALT1-24 2563.601 TRAFFIC CONTROL LUMP SUM 1 1,650.00$ 1,650.00$ -$ -$

ALT1-25 2564.502 OBJECT MARKER TYPE X4-2 EACH 2 110.00$ 220.00$ -$ -$

ALT1-26 2564.518 SIGN PANELS TYPE C SQ FT 43 60.00$ 2,580.00$ -$ -$

ALT1-27 2573.503 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT 80 5.00$ 400.00$ -$ -$

ALT1-28 2574.505 SOIL BED PREPARATION ACRE 0.2 1,000.00$ 200.00$ -$ -$

ALT1-29 2574.508 FERTILIZER TYPE 2 POUND 50 5.00$ 250.00$ -$ -$

ALT1-30 2575.504 EROSION CONTROL BLANKETS CATEGORY 3N SQ YD 200 5.00$ 1,000.00$ -$ -$

ALT1-31 2575.508 SEED MIXTURE 21-111 POUND 30 5.00$ 150.00$ -$ -$

ALT1-32 2575.508 SEED MIXTURE 25-141 POUND 20 10.00$ 200.00$ -$ -$

ALT1-33 2575.508 HYDRAULIC MULCH MATRIX POUND 440 3.00$ 1,320.00$ -$ -$

ALT1-34 2575.605 SEEDING ACRE 0.2 1,000.00$ 200.00$ -$ -$

ALT1-35 2582.503 4" BROKEN LINE PAINT LIN FT 58 10.00$ 580.00$ -$ -$

ALT1-36 2582.503 6" SOLID LINE MULTI COMP GR IN LIN FT 1701 1.00$ 1,701.00$ -$ -$

ALT1-37 2582.503 24" SOLID LINE MULTI COMP GR IN LIN FT 305 20.00$ 6,100.00$ -$ -$

ALT1-38 2582.503 4" DBLE SOLID LINE MULTI COMP GR IN LIN FT 1531 1.00$ 1,531.00$ -$ -$

ALT1-39 2582.602 PAVEMENT MARKING SPECIAL (SHARROW) MULTI COMP EACH 6 250.00$ 1,500.00$ -$ -$

Subtotal: $298,751.85 Subtotal: $298,751.85

5% Retainage: $14,937.59 5% Retainage: $14,937.59

Total: $283,814.26 Total: $283,814.26



$298,751.853,782,246.45$ TOTAL BASE BID

COMPLETED TO DATE

$298,751.85

PAYMENT REQUEST 1

SUBTOTAL ALTERNATE 1 $152,043.00

Rogers, MN 55374

$298,751.85TOTAL CONTRACT AMOUNT $3,934,289.45 $298,751.85

14045 Northdale Blvd

New Look Contracting

GENERAL CONTRACTOR

Meeting Date:7-14-20 Item: E

ITEM:

Creating a policy to fill vacancies on the Commissions

PREPARED BY:

City Clerk, Amy Benting


Process for filling vacancies as Commission terms expire

BACKGROUND:

There has been no policy in place and the process for filling vacancies in the past has varied.

There are a few options that the Council could consider. One way to fill the vacancies would be

to ask the current individual if they would like to continue serving for another term; and if they

agree Council could reappoint automatically without opening it up to the public. The other option

would be to open the vacancies up to the public every time regardless of the current member

wanting to run again. Staff is asking for Council input and to consider automatically renewing to

avoid the false sense of a vacancy.

City code states these positions are to be appointed by the Council. In the past, staff has not

reviewed applications or conducted any type of interview (was left up to council). After seeing a

large interest in the last opening (Planning Commission), we learned that doing an interview

with everyone is not desired by Council. Staff is asking for input on the reviewing of applications.

After consulting with other Cities on their processes, we have learned that most have staff

review applications and bring the desired number of applicants in for an interview with the

Council. Another option would be to hold a work session with some (or all) of the Council to go

through applications.

We currently have two seats open on the planning commission and one on the parks

commission. All current members are wanting to be reappointed. This included on the Planning

Commission Randy Dahlheimer and Jon Sevald and on Parks Commission Jack Prom.

The EDA recently reviewed their terms, as set by their bylaws, and recommended continuing

with staggered terms. On a Motion by Berge to recommend to council; seconded by Huttner

that the 3-4-5 years are awarded to Huttner, Bernens, and Berge based on original appointment

with first re-appointment of Huttner (2024); Bernes (2025); and Berge needs to be re-appointed

in 2020 for a re-appointment to six-year term. Staff requests confirmation of these

appointments.

ACTION:

Provide direction to staff as to the policy/process the council desires for filling commission

vacancies. Staff will follow up in a future meeting with policy language for adoption.

Meeting Date: 7-28-20 Item:F

ITEM:

Dayton Parkway Interchange

PREPARED BY: Jason Quisberg, Wenck Associates Inc.

Tina Goodroad, City Administrator


Approve Change Order #5

BACKGROUND:

This change order includes the construction of sanitary sewer planned to service the area located in the area of Dayton bound by Rogers, Maple Grove, and I-94, recently known as the

SW Dayton Masterplan area.

It was determined that a portion of the sanitary sewer could be constructed at a lower cost if done prior to some of the improvements programmed as part of the interchange project.

Therefore, a price for the work was requested from the contractor.

The contractor previously submitted estimated costs of $689,680.20 for the work. Through continue efforts working with the contractor, design modifications were made in attempt to lower

risks, and therefore the costs, associated with the project.

The contractor’s revised estimate was not received in time for the packet. The revised cost,

along with the corresponding Change Order (#5) form, will be sent under separate cover or shared at the meeting. Note: it is expected the revised cost will be something less than the

$689,680.20 previously submitted.

Interim financing for this change order will be by the city Sewer Enterprise fund, Temporary Financing fund, or some combination of the two. Permanent financing will be provided by the

properties benefitting from the sewer constructed.

It is anticipated that construction of this work could begin mid-August.

Other related items:

• Temporary and permanent easements will be required, from one property owner, for this

work. An easement agreement is being coordinated and is expected to be in place priorto the anticipated start date for construction of these improvements.

• As previously discussed, assessment agreements will be coordinated with owners of the

benefitting properties. A sample agreement form is attached for review.

• The City of Rogers is drafting an agreement for the metering of sewer flows through their

Met Council connection. Note: Approval to connect has been received, this agreement is

to document how flows will be measured and appropriate charges calculated.

CITY COUNCIL REGULAR MEETING Page 2 of 2

o The agreement will be modeled after those in place for the French lake Industrial

site (flow from Dayton to Rogers) and the Justen Business Park area (flow from

Rogers to Dayton).

CRITICAL ISSUES:

RECOMMENDATION:

Staff recommends approval of Change Order #5

ATTACHMENT(S):

Change Order #5 to be provided under separate cover

Sample Assessment Agreement

SPECIAL ASSESSMENT AGREEMENT FOR SANITARY SEWER EXTENSION

CONSTRUCTION

This Agreement Regarding Special Assessments (the “Agreement”) is entered into as of

July __ , 2020, by and between the City of Dayton, Minnesota, a Minnesota municipal

corporation (“City”) and __________ (“Owner”).

RECITALS

A. The Owner is the fee owner of real estate (the ‘Property”) located south of the new

Dayton Parkway and immediately east of Brockton Lane. The Property is described in

the attached Exhibit A; and

B. The City has authorized a feasibility study and intends to undertake a Minnesota Statutes

Chapter 429 public improvement project in the future that would include, generally, road

and utility work, and would specifically include the extension of sanitary sewer required

to serve the Property and

C. The City has the opportunity to extend sanitary sewer required to service the Property as

a part of the existing Dayton Interchange Project at a cost that is estimated to be

approximately 70% of the cost of such extension if the sanitary sewer were extended as a

part of the separate future public improvement project and

D. The City will approve a change order on the Dayton Parkway Project, estimated to be in

the amount of $689,680.20, that provides for extension of the sanitary sewer to service

the Property as more particularly depicted in the attached Exhibit B; and

E. The City shall be authorized to levy a special assessment in the amount of $151,729.64,

which amount is one-fifth of the total change order amount (five parcels realizing equal

benefit from the improvements) plus 10% for related indirect costs, upon the Property for

a period of five (5) years on the following terms:

• The Owner may prepay the special assessment in itsentirety at any time prior to November 15, 2025. TheOwner shall also pay the special assessment in its entiretyif final plat approval for any portion of the Property isgiven prior to that date. If there is no final plat approval

by the above date, and the special assessment has not been prepaid, the first installment of the assessment will be certified to Hennepin County against the Property. The assessment will bear interest at the rate of 2% from the date hereof

• Owner hereby waives all notices and hearing

requirements pursuant Minn. Stat. Chapter 429

relating to special assessments, and all appeal

rights under Minn. Stat. Chapter 429 or other law.

• Owners are solely responsible for costs related to

individual service line connections.

• Owners are solely responsible for payment of connection

fees upon development.

• There is no partial payment of the special assessment allowed.

• Owners are obligated to disclose this assessment agreement if the sale of real property occurs and the responsibilities of this agreement transfer with ownership changes.

• Owner agrees that it will defend, indemnify and hold harmless the City, its elected officials and employees against any and all liability, loss, costs, damages, and expenses which the City, its elected officials, officers, employees, or volunteers may hereafter sustain, incur or be required to pay arising out of Owners’ negligent performance or failure to adequately perform their obligations pursuant to this Agreement.

• This Agreement will be recorded against the Property and will run with the land and bind the Owner, successors and assigns.

ON BEHALF OF THE CITY OF DAYTON

By: _______________________________

Tim McNeil, Mayor

By: _______________________________

Tina Goodroad, City Administrator

Dated: ___________________, 2020

STATE OF MINNESOTA )

) ss.

COUNTY OF HENNEPIN )

The foregoing instrument as acknowledged before me this ____ day of _____________, 2020 by

Tim McNeil and Tina Goodroad, the Mayor and City Administrator, respectively, of the City of

Dayton, a Minnesota municipal corporation, on behalf of the municipal corporation.

________________________________

Notary Public

[insert name of Owner]

By:_______________________

STATE OF MINNESOTA )

)ss.

COUNTY OF HENNEPIN )

The foregoing instrument as acknowledged before me this _____ day of ________________,

2020 by _______________________________ Owner of the property described in the attached

Exhibit A.

______________________________

Notary Public

This Instrument was Drafted by:

Rupp, Anderson, Squires & Waldspurger

333 South Seventh St., Ste 2800

Minneapolis, MN 55402

(612) 436-4300

Documents

AGENDA CITY OF DAYTON, MINNESOTA 12260 So. Diamond … · Diamond Lake by sharing 50% of the treatment cost at approximately $9448. Gustafson asked how the Association determines