PRESENT: Mayor Doug Anderson; and Council members Phil Forseth, Scott Hoke, J. Kevin Anderson, and Tim McNeil

ABSENT: none

ALSO PRESENT: Administrator Samantha Orduno, City Clerk Sandra Borders, Assistant to Administrator Erin Stwora, Finance Director Richard Hill, Police Chief Richard Pietrzak, Public Works Superintendent Rick Hass, Fire Chief Jim Nordmeyer, City Engineer Mark Hanson, City Attorney George Hoff, and Administrative Assistant/minute-taker Debbie Maveus

 

CALL TO ORDER - 7:05 p.m.

 

PLEDGE OF ALLEGIANCE

 

APPROVAL OF AGENDA

 

MOTION:  Motion made by Forseth, seconded by     K. Anderson, to approve the Agenda of the December 11, 2007 Regular Council Meeting.

 

Ayes: D. Anderson, Forseth, Hoke, K. Anderson, McNeil                                Nays: none

MOTION DECLARED PASSED.

 

CONSENT AGENDA:

 

A.                 Approval of Council Meeting minutes of November 27, 2007

B.                  Payment of Claims – December 11, 2007

C.                 Resolution #75-2007:  Safe and Sober Grant

D.        Request for Proposal (RFP) for Legal/Attorney & Engineering Services

 


MOTION:  Motion made by Forseth, seconded by McNeil, to approve the Consent Agenda of December 11, 2007.

 

Ayes:    D. Anderson, Forseth, Hoke, K. Anderson, McNeil                             Nays: none

MOTION DECLARED PASSED.

 

OPEN FORUM

 

No one was present for Open Forum. 

 

PRESENTATION:

 

ITEM E – WATER / SEWER RATE STUDY PRELIMINARY REPORT          S.R.#191-2007       Administrator Orduno introduced Naeem Qureshi from PCE, and reported that the addition of over 550 properties into the municipal water and Metropolitan sewer system prompted the City to conduct a Comprehensive Water and Sewer Rate Study to provide a comparison, recommend a baseline rate structure to fund current and future water/sewer system costs, and provide a long-term implementation strategy for future capital investments.  The Council approved the Request for Proposal (RFP) in February of 2007 and the firm of PCE was selected and work began in May. 

 

The presentation is a draft and subject to revisions, Administrator Orduno relayed.  City and Engineering Staff met with the consultant on December 6th to review the Draft Report and noted many revisions that will need to be made to the Final Report.  She reported that the rate structure proposed over the next 10 years represents a significant increase to current water and sewer rates and prepares a base for implementing a water/sewer rate structure for new connections, but mostly northeast and southwest.

 

The Historic Village has, from the initial implementation of water/sewer rates, paid less than true costs, relying on coverage of the difference by the General Fund, instead of an Enterprise Fund, which should be the case.  The proposed rate structure begins to establish rates and future development area charges which will fund future expansions.  Administrator Orduno explained Staff’s concerns that the rate structure as proposed is inadequate to meet future needs, informing that the Final Report must be revised to reflect a more positive cash flow for short and long-term activities of the City.  Staff also recommends the Draft Report require revisions to make the document better at describing where Dayton’s system is currently, in the future, and how much it will cost to expand and maintain.

 

Mr. Qureshi, Principal of PCE, came forward to answer questions and accept comments/changes. 

He reviewed his PowerPoint presentation reviewing the number of Current Connections/Projected, Equivalent Meter Conversions, Historic/Projected Water Sales, Operation/Maintenance Costs Projected, Capital Improvement Plan, Unit Costs of Service & Test Year 2007, Cash Flow Water System Operation with Current & Calculated (suggested) Rates, WAC/Area Charge/Connection Charge & C.I.P. and Cash Flow & Operations, Proposed Rates of 2008 - $2.50/1000 gal. to 2012 - $2.92/1000 gal. and Fixed Charges from 2008 - $30 to 2012 - $34 & Typical Household Charges, Wastewater Utility Expenses Projected, Projected Cash Flow Operating Income – Wastewater Utility, SAC & CIP Plan – Wastewater Utility and the Proposed Cash Flow, Typical Household Charges for Wastewater per Development Area – some proposed to increase over 80%, Proposed Water & Sewer Rate Charges, and Water & Sewer Rate Comparisons. 

 

There was discussion about why the Public Works Facility was figured in with a Water/Sewer Rate Study and Staff explained how they are usually charged to General, Water, and Sewer Funds (10 % for sewer and 10% for water were figured).  Mr. Qureshi noted that the current Historic Village rates were the lowest water rates he has seen in his doing rate studies.  Orduno relayed that today to balance it would take a Calculated rate of $4.27 (instead of .33 cents in the Historic Village) and $105.69 per year (about $25 per quarter).  The Council expressed their concerns with the rates being so high, and it was explained that it was because of the small number of connections in comparison with other larger cities, noting that as the number/volumes rise, the rates will be able to decrease.  Council member Hoke requested copies of the City of Maple Grove’s comparison sheet with other cities. 

 

Administrator Orduno explained the backing out of the Public Works Facility and some Capital Expenditures, so the City would not be “in the red” all 10 years.  It was relayed that the Staff salaries and Capital Improvements were not figured in at the initial period, at that time about in the middle, but with them having many more users and not increasing each year is the reasons why the charges are now increasing substantially.  The Council mentioned their concerns, and they discussed reviewing the CIP and possibly waiting on some items until more connections.  It was suggested the proposal allow enough for water treatment in the future.  It was mentioned that 2010 there would be a positive cash flow.  Mr. Qureshi noted the advantage of the Excel spreadsheet for future planning, and Council member Forseth informed that was one of the reasons why they had chosen this agency to do the Study. 

 

There was discussion of rate decreases and profit abilities and possibilities.  The Council wondered if Staff was content with the methodology, and Administrator Orduno informed there would be some changes which could affect the rates.  Council member Hoke suggested not operating in the red, but extending the big increases over a few years time, by running on actual cost more than a savings plan, initially.  The Final Report would be brought back to the Council in January, Orduno reported. 

 

COUNCIL BUSINESS

 

ITEM F – 2008 BUDGET & CERTIFICATION OF LEVY                                 S.R.#192 -2007

                   RESOLUTION #76-2007: CERTIFYING THE 2008 LEVY

                  RESOLUTION #77-2007: OPERATING BUDGET

 

Administrator Orduno reviewed that the 2008 levy was set by the Council on September 11th with an 8% increase from 2007, for a total of $2,665,429 -- $1,938,624 for the General Fund.  The only change in the 2008 proposed Budget for General Fund Operations totaling $2,499,628 and corresponding levy, was the addition of $11,225 in appropriations for part-time police officers.  She  reported that the process for adopting the annual municipal budget and levy is set by the State. The Truth and Taxation Public Hearing was held on December 3rd, with no one coming forward to speak. The final City levy must be certified to Hennepin County by December 28th, it was relayed. 

 

MOTION: Motion made by Forseth, seconded by McNeil, to waive the reading and adopt Resolution #76-2007, as presented, adopting the levy for Year 2008 at a total of $2,665,429.00.

Ayes: D. Anderson, Forseth, Hoke, K. Anderson, McNeil                                Nays: none  

MOTION DECLARED PASSED. 

 

MOTION: Motion made by McNeil, seconded by K. Anderson, to adopt Resolution #77-2007, as presented, adopting the 2008 General Fund Operating Budget at a total of $2,499,628.00.

 

Ayes: D. Anderson, Forseth, Hoke, K. Anderson, McNeil                                Nays: none  

MOTION DECLARED PASSED. 

 

ITEM G – INFORMATIONAL MEETING – WEST FRENCH LAKE UTILITY                                                     IMPROVEMENTS                                                                            S.R.#193-2007

 

Engineer Hanson reviewed that the Council, at their November 27th meeting, scheduled the Public Hearing for the West French Lake Utility Improvements for January 22, 2008. Staff is asking  whether an informational meeting should be scheduled with the property owners to be included, and if so when.  Hanson relayed that Staff contacted Auction Broadcasting Company (ABC) on Territorial Road about their facility being used, and they agreed, as long as it was not scheduled on a Monday or Tuesday.  It was noted that additional Staff time would be required to schedule and hold the meeting.

 

There was CONSENSUS to schedule an informational meeting for Thursday, January 3rd at 9:00 a.m. with the property owners included in the proposed project, to review the Feasibility Report for West French Lake Utility Improvements. 

 

ITEM H – REVIEW QUESTIONNAIRE RESULTS 113TH AVENUE UTILITY / STREET

      IMPROVEMENTS                                                                               S.R.#194-2007

          

At the November 13th Council Meeting, Staff presented the draft Feasibility Report and there was authorization to hold an informational meeting with the property owners to determine if the properties support the project.  Engineer Hanson reported that Staff held the meeting on November 26th with the property owners included in the 113th Avenue Utility and Street Improvements at P & F Properties.  There it was decided to send a questionnaire to all property owners to determine their interest in moving forward with the project.  The updated results list handed out included the  following:  Support Project – 6, Do not Support – 6, 1- Other, for a total of 12 of the 16 properties within the Industrial Park. 

 

Engineer Hanson explained that this project would require the City to obtain permanent and temporary easements from Ron and Julia Stenslie, who have agreed to work with the City to grant easement.  The next step is for the Council to direct Staff how to move forward, if desired, with the 113th Improvement project, and schedule a public hearing.  It was noted that project costs, including the Feasibility Report, would be assessed and financed through bonding.

The Council agreed there was not enough support to construct the project, at this time, but maybe in a couple years.  There was discussion how not doing the project could cause problems for some expansions and septic issues.  Staff relayed that a few were very supportive and needed it for expansion, as well as the lack of it would not allow for development of one lot.  There was a question about doing it now because of the low cost, but how things could change once the property to the east develops.  There was CONSENSUS to not move forward on the 113th Utility/Street Improvements project.

 

 

ITEM I – “THE FIELDS AT DIAMOND LAKE” WETLAND BANK                                                                             APPLICATION                                                                                 S.R.#195-2007

 

Engineer Hanson reported that Robert Engstrom has applied to restore 14.25 acres of wetland and establish 10.87 acres of upland buffer for the property on the east side of Diamond Lake known as The Field at Diamond Lake.  The restoration involves restoring existing jurisdictional wetland areas and expanding the fringe areas of wetlands to about where they existed prior to ditching and tile work that drained them.  This will qualify for 10.03 acres of New Wetland Credit and 10.03 acres of Public Value Credit, deposited in the State Wetland Bank. 

 

On May 15th the Wetland Conservation Act Technical Evaluation Panel (WCA TEP) met to review the wetland delineation and Part A of the application.  The wetland boundary approval was mailed on May 21st and on August 14th Mr. Engstrom submitted the complete Wetland Bank Application.  They met on September 17th to review Part B.  Engineer Hanson relayed that Staff is recommending the Council consider approval of the Wetland Bank Application submitted.  The application has been reviewed by the WCA TEP and Board of Water & Soil Resources staff and they have recommended approval.  Staff mentioned that the initial 60 days have expired, but an extension was requested and approved with a new deadline of December 31, 2007.

 

Mr. Engstrom came forward, and the Council asked about the land being available at a later time there, as discussion of the City’s interest to purchase some for a redesigned DNR Landing in that area.  It was relayed this would not include the area of interest to the Council.  There was discussion of any reasons to not approve this, and it was relayed that the positives for the City included improved area to the roads, add to the existing wetlands instead of just adding small sections, and the enhancement of water quality for Diamond Lake, noting that it is permanent.  Both Dayton WCA Agent, Robert Keizer, from Bonestroo, and Attorney Hoff saw no reasons to not approve it.  Engstrom relayed that his plans were to do some grading in the spring, then plant native plants and get it established.   

 

MOTION: Motion made by Forseth, seconded by      McNeil, to approve the Wetland Bank Application submitted by Robert Engstrom, for the property on the east side of Diamond Lake known as the Fields at Diamond Lake. 

Ayes: D. Anderson, Forseth, Hoke, K. Anderson, McNeil                                Nays: none  

MOTION DECLARED PASSED. 

 

ITEM J – CONTRACT AWARD FOR PUMPHOUSE NO. 2, N.E. DAYTON AREA 1-6                                                                                                                                        S.R.#196-2007

 

Engineer Hanson reported that bids were received on December 4th for Well No. 2 Pumping Facility, with the low bid from Municipal Builders, Inc. in the amount of $556,302.  The engineer’s estimate for the project was $550,000 and a cost of $560,000 was used to set the 2007 construction bond sale for this improvement, included in the NE Dayton Areas 1-6 Project.  The next step is for the Council to consider awarding the contract to them.  Hanson responded that Bonestroo has not worked with this company often, but has been good response on reference checks, and should be very capable. 

 

MOTION: Motion made by Hoke, seconded by Forseth, to approve the contract award for Well No. 2 Pumping Facility to Municipal Builders, Inc., as presented, in the amount of $556,302 for the total base bid, without the deduct for the alternate chlorine equipment, at this time.

 

Ayes: D. Anderson, Forseth, Hoke, K. Anderson, McNeil                                Nays: none  

MOTION DECLARED PASSED. 

 

ITEM K – CHANGE ORDER NO. 2, N.E. DAYTON, CONTRACT 3 – KUECHLE                                                UNDERGROUND, INC.                                                                  S.R.#197-2007

 

Engineer Hanson reviewed that the Council directed Staff at their September 11th meeting to review with the two land owners at 12700 and 12610 Overlook Road the reconstruction of the existing storm sewer pipe within the existing easement between Overlook Road and the Mississippi River at Pineview Lane. The two landowners agreed to allow the storm sewer pipe to be reconstructed in the easterly edge of the existing easement to eliminate removal/replacement of the existing concrete driveway and it was agreed any tree removal/replacement would be the responsibility of the landowners.   The amount would be financed by the NE Dayton Area 1-6 Project, it was relayed.

 

Staff has finalized the change order for this work with the contractor and it is included in Change Order No. 2, at $34,994.82. Also included in this Change Order is the construction of a 36” wide concrete valley gutter in 141st Avenue to convey drainage and accommodate off street parking at Rivers Bend Park at $6,350.64, for a total of $41,345.46.  The next step is for the Council to approve Change Order No. 2.

 

MOTION: Motion made by Forseth, seconded by McNeil, to approve Change Order No. 2, NE Dayton Area 5, Contract 3, for Kuechle Underground, Inc., in the amount of $41,345.46. 

 

 

Ayes: D. Anderson, Forseth, Hoke, K. Anderson, McNeil                                Nays: none  

MOTION DECLARED PASSED. 

 

ITEM L – CHANGE ORDER NO. 2, N.E. DAYTON CONTRACT 2 – S.R. WEIDEMA, INC.                                                                                                                                           S.R.#198-2007

 

Next, Engineer Hanson reported that Staff has finalized Change Order No. 2 for Contract 2 with S.R. Weidema, Inc., including three parts:  Part 1- $292,567 for costs to excavate the muck in South Diamond Lake Road. (The negotiated unit price is $11.50/cy, still significantly less than the low bid for select granular borrow in Contract 1-$14.75/cy & Contract 3-$16.00/cy.); Part 2- $4,415.80 for directional drilling the sanitary sewer to serve Noon Addition which was required since easements could not be acquired from property owners on Norwood Lane; Part 3- $7,098.96 for changing the design cross section in North Diamond Lake Road from a full depth bituminous section to gravel/bituminous section after review with Hennepin County and the contractor.  The total is for $304,081.76 and it would be financed by the NE Dayton Area 1-6 Project.  The project will benefit from this, Engineer Hanson explained.  The next step is for the Council to consider approval of Change Order No. 2.

 

Engineer Hanson handed out a Bond Sales Summary for NE Dayton Areas 1-6, Wicht Industrial Park, July 2007, and the Wicht Industrial Park/SW Dayton Phase 1 Project Cost & NE Dayton Project Updates, dated November 30, 2007, which he reviewed.  Administrator Orduno relayed that the comparisons do not include all the legal fees to date.  Hanson noted the under budget of about $180,000 for the Wicht Industrial Project and over of about $140,000 for the NE Dayton Project, 70% through the projects.  Henson relayed that two easements have not been finaled yet.  The Council wondered if the contractor knew of the problems with South Diamond Lake Road and had done soil borings. 

 

MOTION: Motion made by McNeil, seconded by Forseth, to approve Change Order No. 2, NE Dayton Area 3, 4, & 6, Contract 2, for S.R. Weidema, Inc., in the amount of $304,081.76. 

 

Ayes: D. Anderson, Forseth, Hoke, K. Anderson, McNeil                                Nays: none  

MOTION DECLARED PASSED. 

 

ITEM M – PUBLIC PURPOSE EXPENDITURE POLICY                                 S.R.#199-2007

 

Administrator Orduno reported that the Council outlined in its 2007 Goals the need for the City to express the contributions of the City’s volunteers, business partners, and City Staff for their involvement and dedication.  Clerk Borders relayed that the Public Purpose Expenditure Policy would allow for the costs and policies associated with goal.  The 2008 General Fund Budget does allocate money for the recognition program, it was relayed.  Minnesota Statute 15.46 allows for these expenditures. 

Council member Forseth confirmed that the businesses and volunteers were being covered, as that was his original request.  Administrator Orduno relayed that the volunteers have a lunch each year in appreciation.  She suggested Staff be separate from the business recognition which Forseth had mentioned.     

 

MOTION: Motion made by Forseth, seconded by McNeil, to adopt the Public Purpose Expenditure Policy, as presented. 

 

Ayes:    D. Anderson, Forseth, Hoke, K. Anderson, McNeil                             Nays: none  

MOTION DECLARED PASSED. 


 

ITEM N – DISCUSSION REGARDING ELECTRONIC MESSAGE SIGN      S.R.#200-2007

 

Administrator Orduno reported that one of the 2007 Council goals is to investigate the possibility of electronic message signs in the community to provide immediate information, with computer generation within City Hall.  The Council has approved policies and practices that improve communication about all aspects of City business and municipal activities.  City Staff has met with one vendor regarding cost and feasibility of placing an electronic message sign at City Hall, replacing the existing sign in front of the building. Cost starts at about $25,000, depending on the size of the lettering, line capabilities and colors.  An example was included for Council review indicating a double face illuminated sign with two line capability, 16 characters per line, which would cost between $25,000 and $30,000 with installation.  There was discussion of having 4 to 6 lines to make the message up long enough to read it. 

 

The Council did not approve this item in the 2008 Budget, but funds are available from the administrative revenues of the 2006A bond proceeds, Administrator Orduno relayed.  She informed that the Planning Commission is reviewing a new sign ordinance that would allow an electronic message sign at City Hall and other recreational zoned properties in the City. 

 

The Council suggested saving the money with all the projects currently going on and the increase in water and sewer rates.  Because of the importance of communications for the City, the Council suggested checking into other funding options.  Council member Forseth recommended checking with the Dayton Lions, and Staff mentioned possibly over a few years time. 

 


REPORT OF OFFICERS

 

MAYOR UPDATES

 

Mayor Anderson suggested a bigger stop sign and flashing lights at Pineview Lane and South Diamond Lake Road, since people are still driving through without stopping.    

COUNCIL UPDATES

 

Council member McNeil suggested a motion canceling the regular Council Meeting on Christmas Day. 

 

MOTION: Motion made by McNeil, seconded by Forseth, to cancel the second Council Meeting in December. 

 

Ayes:    D. Anderson, Forseth, Hoke, K. Anderson, McNeil                             Nays: none  

MOTION DECLARED PASSED. 


 

PUBLIC WORKS SUPERINTENDENT

 

Public Works Superintendent Hass reported that the score board that CDAA is funding at the McNeil Park in the Historic Village should be up the last week in December or the first week in January. 

He also informed that the hockey rink should be ready for use the following week. 

 

POLICE CHIEF

 

Chief Pietrzak reported that December 18th the Dayton Lions were sponsoring Santa  coming to the Dayton Mobile Home Park.  Volunteers were needed, he relayed.  December 19th the Lions were hosting a seniors’ dinner from 2:00 - 4:00 p.m. at Dehn’s Country Manor. 

 

CITY ATTORNEY

 

Attorney Hoff noted the reasoning for the Closed Session he was requesting after the adjournment.  The discussion of a few N.E. and S.W. Dayton Project litigation matters and settlement negotiations regarding the taking of the Granstrom property, Hoff informed, including the following cases:  Fitzer, Nikolova, Wicht, Dayton Holdings, VF13, and a right of entry for the Granstroms, possibly requiring condemnation. 

 

ADJOURNMENT

 

MOTION: Motion made by Forseth, seconded by K. Anderson, to adjourn the regular meeting. 

 

Ayes:    D. Anderson, Forseth, Hoke, K. Anderson, McNeil                             Nays: none  

MOTION DECLARED PASSED. 


 

MOTION: Motion made by Forseth, seconded by Hoke, to go into a Closed Session, pursuant to the Attorney/Client privilege, to discuss those matters mentioned in the City Attorney’s report.    

 

Ayes:    D. Anderson, Forseth, Hoke, K. Anderson, McNeil                             Nays: none  

MOTION DECLARED PASSED. 


 

 

 

APPROVED:_____January 8, 2008_______ ATTEST:____________________________