COUNCIL MEETING

MOTION: Motion made by Forseth, seconded by McNeil, to approve the Consent Agenda of July 10, 2007.

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

MOTION DECLARED PASSED.

OPEN FORUM

No one was present for Open Forum.

COUNCIL BUSINESS

ITEM I – REVIEW NEXT STEPS FOR WEST FRENCH LAKE ROAD UTILITY IMPROVEMENTS S.R.#96-2007

Engineer Hanson reviewed that Staff presented the West French Lake Road Utility Improvements Concept Report to the Council at their May 8th meeting, where they gave approval to hold an informational meeting with the property owners proposed to be assessed. That meeting was held June 26^th, with nine of the twenty property owners attending to review the proposed improvements and project funding, with all stating they were in favor of moving forward with the project.

The two largest properties within the project, Dayton Park Properties and Car ABC VA LLC (ABC Auto), were not represented. Staff is recommending moving forward with the West French Lake Utility Improvements Project, and if Council desires the same, recommending individual meetings with those two property owners.

The Council wondered if there would be an impact if an interchange would go in, and Engineer Hanson clarified that being mostly a utility improvement, with only a very small portion of street improvement – namely Troy Lane, only because of utilities being built there. He suggested that with the interchange plan, an important recommendation is that the sewage treatment facility system would be removed from the Dayton Mobile Home Park, providing those areas with sewer and water, usually the first step, which this improvement would do. It was relayed that there is new ownership at the Park, and there has not been any contact, that is why there is a recommendation to do so.

There was CONSENSUS by the Council to have Staff talk to the property owners of Dayton Park Properties and Car ABC VA LLC to get their feedback on the project, providing it to the Council, and based on that, they would decide if they want to do the Feasibility Report and continue with the West French Lake Road Utility Improvements.

ITEM J – APPROVE PLANS & SPECS FOR SOUTH DIAMOND LAKE TRAIL S.R.#97-2007

Engineer Hanson reviewed that for the City to receive the Safe Routes to Schools (SRTS) funds, a separate contract for the South Diamond Lake Trail had to be developed for bidding and construction, independent from the NE Dayton Areas 1-6 projects. The Project Memorandum for this project has been approved by the MN Department of Transportation, allowing the use of the SRTS grant. The Council is required, as part of the Chapter 429 process to approve the plans/specifications prior to bidding.

The engineer’s estimate for this construction is $139,630. Dayton has received a grant from the SRTS program in the amount of $77,671. The rest of the cost of the improvement is allocated for in the City’s 2007 bond sale. Staff recommended the Council approve Plans/Specifications for bidding South Diamond Lake Road Trail Improvements, with the bid date for the project on August 30^th at 10:30 a.m., to be awarded at the Council Meeting following.

The Council confirmed that the crosswalk markings were included and got questions answered how this project would fit in with the rest of the South Diamond Lake Road/N.E. Dayton Project. Engineer Hanson relayed that, depending on the timing of the two contractors for those projects, the trail would be done in September, if grading is done on schedule. The Council suggested it be done as quickly as possible.

MOTION: Motion made by McNeil, seconded by Forseth, to approve the plans and specifications for bidding South Diamond Lake Road Trail Improvements, as presented, with a bid date of August 30^th at 10:30 a.m.

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

MOTION DECLARED PASSED.

ITEM K – APPROVE RIGHT OF ENTRY AGREEMENT WITH HAYDEN HILLS GOLF COURSE S.R.#98-2007

Engineer Hanson reported that Staff has been reviewing with Hayden Hills Golf Course a Right-Of-Entry (ROE) Agreement to do construction, which also includes access to the property in the event the NE Dayton Contract 1 dewatering dries out their irrigation well. The document presented was reviewed by both attorneys, with negotiations continuing regarding the permanent easements for this parcel, with the terms presented to the Council when an agreement has been met. The Council approved payment to the Hayden Hills Golf Course in the amount of $40,000, with a portion covering the costs of disruption, if the irrigation well is impacted. Monies have not been paid to the property owners to date, and the irrigation well is still operational. Staff recommended the Council approve the ROE for Hayden Hills Golf Course, based on the City Attorney’s review.

The Council had concerns on the wording of paragraph 2, with regards to Eminent Domain Proceedings and the “use of the property”, which were discussed. Attorney Hoff noted that the dewatering would cease once the project is completed, and explained how the item refers to a temporary dewatering easement. Engineer Hanson explained why the agreement separated the dewatering and ROE items and relayed the easement for the pipe would be needed by October.

MOTION: Motion made by K Anderson, seconded by McNeil, to approve the Right-Of-Entry for Hayden Hills Golf Course, as presented, based on the City Attorney’s review.

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

MOTION DECLARED PASSED.

ITEM L – APPROVAL TO USE NORTHWEST ASSOCIATED CONSULTANTS, INC. (NAC) FOR SPECIFIED PLANNING SERVICES S.R.#99-2007

Planner Stwora reported that Staff has met with representatives from Northwest Associated Consultants, Inc. (NAC) regarding the completion of specified planning services. Their scope of services memo was attached, including providing technical assistance when needed, charged to the escrow account of each project. In addition, Stwora explained there would be current special Staff projects, which have been budgeted for, such as the R-2 District Study (with regards to sewer and water project) - $6,000, a Low Impact Development (LID) Ordinance - $8,000, and updating the Sign Ordinance (per the moratorium approved earlier in the year) - $3,000, for which their assistance would be used. Staff is recommending the Council approve the use of NAC for specified planning services.

The Council had questions regarding the amount of need for additional consulting, and whether the budgeted amount of $20,000 would cover, which Staff confirmed. They discussed the possibility and drawbacks of going out for an RFP. Staff explained that this agency is specialized in these items, and the Council got clarification on a couple items in the memo. There was discussion on the inclusion of LEED/Green Standards with the LID Ordinance, and Planner Stwora suggested looking into that early next year, instead of now. Administrator Orduno asked about a Council presentation to give everyone the same information on those two trend ideas regarding development standards, and it was agreed.

Attorney Hoff mentioned the rate schedule, which should be included, and he noted paragraph 9, of page 2, regarding lawsuits or legal action, suggesting that after the word “named” in the second line, the following be included, “…, except in the case of negligence or willful misconduct on the part of NAC…”.

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MOTION: Motion made by McNeil, seconded by K. Anderson, to approve the use of Northwest Associated Consultants, Inc. (NAC) for specified planning services, with the inclusion of Attorney Hoff’s recommended language and at a cost not to exceed $17,000.

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

MOTION DECLARED PASSED.

ITEM M –ORDINANCE #2007-10 & #2007-11 -- APPROVE 2007 MN STATE BUILDING CODE – MN RULE 1306 & SUMMARY ORDINANCE S.R.#100-2007

Planner Stwora reported that in November of 2005 the Council approved MN Rules Chapter 1306, requiring Special Fire Protection Systems. Today, July 10th, that approval becomes voided, because of the new 2007 Minnesota State Building Code. The proposed ordinance, recommended by Staff, is now written so it will not have to be approved with the next State Building Code cycle.

MOTION: Motion made by Hoke, seconded by Forseth, to waive the reading and adopt Ordinance #2007-10, as presented, rescinding Ordinance #2005-12, and approving the Adoption of Provisions of the Minnesota State Building Code regarding Automatic Sprinkling of Existing and New Buildings.

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

MOTION DECLARED PASSED.

MOTION: Motion made by Hoke, seconded by K. Anderson, to waive the reading and adopt Ordinance #2007-11, as presented, approving the Summary Ordinance of the MN State Building Code for publication.

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

MOTION DECLARED PASSED.

ITEM N – SELECTION OF TOP LOGO & SLOGAN

Administrator Orduno passed out the information relaying the top vote-getters by the Commission members for the City logo and slogans. She asked the Council to vote for the winners tonight, noting they would not necessarily be the one chosen to be used. There was discussion of how each would look on stationary/business cards and the water tower. Five options for a logo were chosen by the Council, with the #1 logo being “City of DAYTON – All the seasons of life.”

MOTION: Motion made by Hoke, seconded by McNeil, to approve #1 as the winner of the logo contest, with the entry of “City of DAYTON – All the seasons of life.”

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

MOTION DECLARED PASSED.

Next, the Council discussed a few slogans they were considering, with “Two Rivers, One Community!” chosen by the majority.

MOTION: Motion made by Forseth, seconded by McNeil, to approve the winner of the slogan contest as “Two Rivers, One Community!”

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

MOTION DECLARED PASSED.

ITEM O – CONSIDERATION OF PURCHASE AGREEMENT FOR N.E. DAYTON WELL SITE NO. 2 (GOLD NUGGET) S.R.#100-2007

Attorney Hoff reviewed that the Developers Agreement (DA) with Gold Nugget, Inc., provides for dedication of the land for Well No. 2 in the southeast corner of the Gold Nugget property (23,400 sq. ft.) at no cost to the City. The Council previously approved the Gold Nugget Agreement. Staff is recommending they now approve the purchase agreement for the NE Dayton Well Site No. 2, per the Developers Agreement. The Council clarified that Gold Nugget Development would get park dedication credit worth about $3,000 for one single family dwelling unit (in the amount of 1.0 unit), for the use of the property the well site, which they felt was a good deal.

MOTION: Motion made by McNeil, seconded by Hoke, to approve the Purchase Agreement for the NE Dayton Well Site No. 2, as presented, per the Developer’s Agreement and per Attorney approval, waive the reading.

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

MOTION DECLARED PASSED.

ITEM P – TEMPORARY STOP SIGN AT PINEVIEW & DAYTON RIVER ROAD (CSAH12)

Council member Forseth informed the Council that he had received numerous calls about problems of trying to cross or get onto County Road 12 going south from Pineview Lane. A suggestion was a temporary stop sign there, which he agreed with. He asked for Council direction to have the Staff check with Hennepin County to get something done about it. It was relayed how dangerous it has been during construction. The Council informed that a request from them would be needed by the County, with the City probably having to pay for the signage. There was a recommendation that there be warning well in advance, possibly a “signal change ahead” sign. There were comments from the audience agreeing that it is a problem, but suggesting a stop sign on County Road #12 would tie up traffic a lot. There was CONSENSUS to have Staff contact the County about the issue.

REPORT OF OFFICERS

MAYOR UPDATES

Mayor Anderson reported on the League of Cities Conference that he attended, and relayed that he did not get chosen for the League Board, but was recommended for next year.

APPOINTMENT OF COMMISSION MEMBERS

Planning Commission – Bob O’Brien was seeking reappointment and was interviewed for the one opening for a two year term.

MOTION: Motion made by Forseth, seconded by McNeil, to reappoint Bob O’Brien to the Planning Commission for the two year term.

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

MOTION DECLARED PASSED.

Park Commission – Doug Baines was present and interviewed for one of the two openings for two year terms. Dennis Fisher did not show up, and there was some question whether he wanted to be reappointed. Staff relayed that if not reappointed, he would no longer be a member, and there was a suggestion he can resign if he does not still desire to be on the Park Commission.

MOTION: Motion made by Hoke, seconded by K. Anderson, to reappoint Dennis Fisher and appoint Doug Baines to the Park Commission.

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

MOTION DECLARED PASSED.

Public Safety Commission – Richard Heeter was seeking reappointment and was interviewed for the one opening for a two year term.

MOTION: Motion made by Forseth, seconded by McNeil, to reappoint Richard Heeter to the Public Safety Commission.

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

MOTION DECLARED PASSED.

It was noted that there was still one opening on the Public Safety Commission, so periodic advertisement was suggested.

COUNCIL UPDATES

Council member McNeil also commented on the good League Conference and the positive feedback he received on the City’s Mayor and Administrator.

Council member Hoke suggested adding “Other Business” to the end of the agendas, as before.

CITY ADMINISTRATOR

Administrator Orduno passed out an Agreement between the City of Dayton and Hassan Township for the Finance Director, prepared by Attorney Scott Landsman today to formalize the arrangement. The Council questioned the float on the money for over a month. Staff relayed that they only bill once a month, so they were comfortable with it.

MOTION: Motion made by McNeil, seconded by Forseth, waive the reading and to approve the Agreement between Hassan and Dayton for the services of the Finance Director.

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

MOTION DECLARED PASSED.

Secondly, Orduno reported on the trying to convert the City’s email and Web page hosting with Charter Communications and have run into problems regarding the current domain name “ci.dayton.mn.us” which is not owned by the City. She informed that last week Staff parked “cityof daytonmn.us.com.net”, belonging to the City for one year. The City could change to all three of those, if desired, but it would mean changing everything – letterhead, business cards, changes of Website, but could be done fairly quickly, renewed yearly. Council member Forseth suggested talking to Network Solutions for 20 years. Next, it was relayed hat the City’s current provider, Value Web, has had the City domain name hacked, and Staff reported on the lack of service. The Council suggested a new domain name and having everything forwarded from the old site, for up to a year, until everything is changed over. It was clarified that would include the change of all email addresses, including a City of Dayton account. There was CONSENSUS to proceed with doing it now.

CITY PLANNER

Planner Stwora reported that the Finance Clerk position was again advertised for, with the deadline Friday, July 13^th, interviews planned for Tuesday, and a recommendation from Staff for the July 24^th agenda.

ADJOURNMENT

MOTION: Motion made by McNeil, seconded by Forseth, to adjourn.

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

MOTION DECLARED PASSED.