City Council Minutes 09/11/2007

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

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

MOTION DECLARED PASSED.

OPEN FORUM

Linda and Matt Flykt, 12161 Noon Drive, came forward about credit on assessments for amount not taken in the project for Noon residences regarding the end caps for their driveways. She noted that there are nine other homeowners who are requesting the same, that driveways not be done and the credit on that portion. The home owners would be putting in new driveway with the possibility of upgrading the existing driveways. Council asked how it would be done, since it would affect the bonding over the 20 years, which interest is locked into. It was noted that the time period for disputes is over. She asked the question if they could work directly with Weidema, and Engineer Hanson noted that Weidema would then pay them back. The Staff to check into whether there was a way to do this. There were also questions about the City liability. There were concerns of setting precedence. The Council mentioned other areas of the project making requests. The Council referred the item back to Staff for an outline of Council options and ramifications, for their next meeting.

PUBLIC HEARING

ITEM H RESOLUTION #53-2007 VACATING DRAINAGE& UTILITY EASEMENTS ON

LOT 4, BLOCK 3, DAYTON HIGHLANDS 3^RD ADDITION S.R.#124-2007

Assistant to the Administrator Stwora reported that Jace and Amy Reed, who were present, have applied for a preliminary and final plat, rezoning and easement vacation consisting of two single family lots on 2.24 acres, which currently contains an existing home. The site is located in the northeast corner of Dayton, south of 134th Avenue N. and west of 133rd Avenue N., and is currently zoned R-2, Residential (90,000 S.F. minimum), and the applicant wants to rezone to R-1, Residential (15,000 S.F. minimum). The property is surrounded by a golf course, R-1 and R-2 zoned property. A cul-de-sac would be built as part of the improvements to accommodate the new lot. Stwora explained that the existing easements are to be vacated as they will be platted as part of the new plat.

On August 2nd, the Planning Commission reviewed the application and recommended approval. Staff recommends the parcel be assessed the original assessment amount of $22,252 and the remaining balance of $23,382 paid up front prior to final plat approval. The proposed development fee is $45,634. Staff is recommending the approval of Ordinance #2007-17 for rezoning the property from R-2, Residential to R-1, Residential and Resolution #52-2007 and #53-2007 for preliminary and final plat of Reeds Addition to Dayton Highlands and the drainage and utility easement vacations.

Mayor Anderson opened the Public Hearing, and with no one coming forward, the hearing was closed.

COUNCIL BUSINESS

ITEM I ORDINANCE #2007-17 -- REZONING PROPERTY FROM R-2 TO R-1 FOR REED’S ADDITION PRELIMINARY & FINAL PLAT

RESOLUTION #52-2007 – PRELIMINARY/FINAL PLAT APPROVAL FOR

REED’S ADDITION TO DAYTON HIGHLANDS

RESOLUTION 53-2007- VACATING RIGHT OF WAY, DRAINAGE, AND UTILITY EASEMENTS ON THE REED PROPERTY S.R.#125-2007

Council Member Hoke wondered about the specifics of the easements/vacation area. Engineer Hanson relayed that what is dedicated already needs to be vacated, and Attorney Landsman was asked about improved language, subject to attorney language changes.

MOTION: Motion made by Forseth, seconded by McNeil, to waive the reading and adopt Resolution #53-2007, per attorney language changes, for vacating drainage and utility easements on the Reed Property.

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

MOTION DECLARED PASSED.

Forseth mentioned his concerns for densities and Stwora mentioned a significant portion of the property is needed for an easement for the NE Dayton Sewer Project, so it is a unique set of circumstances, it was noted.

MOTION: Motion made by Hoke, seconded by McNeil, to waive the reading and adopt Ordinance #2007-17, as presented, approving the rezoning of property from R-2 to R-1 for Reed’s Addition Preliminary and Final Plat.

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

MOTION DECLARED PASSED.

MOTION: Motion made by Forseth, seconded by Hoke, to waive the reading and adopt Resolution #52-2007, as presented, granting Preliminary and Final Plat approval for Reed’s Addition to Dayton Highlands.

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

MOTION DECLARED PASSED.

ITEM J ORDINANCE #2007-16 –REZONING PROPERTY FROM A-1 TO R-1 FOR

MADSEN’S MANOR PRELIMINARY PLAT

RESOLUTION #54-2007 – PRELIMINARY PLAT APPROVAL FOR MADSEN’S

MANOR S.R.#126-2007

Planner Stwora reported that Rock Madsen, who was present, applied for a preliminary plat and rezoning consisting of seven single family lots on 3.02 acres, currently contains an existing home. The site is located at 13300 Zachary Lane N. on the Dayton/Champlin border and is currently zoned A-1, Agricultural, with a request to R-1, Residential. Properties surrounding are all single family residences.

Engineer Hanson recommends approval of the Madsen’s Manor development, subject to the recommendations and comments in his report. Staff recommends cash contribution to satisfy the park dedication requirements for @ $3,000/dwelling unit for the 7 single family lots, at the time of final plat, totaling $21,000, since there are no connecting trails or sidewalks in the area. On August 2nd the Planning Commission reviewed the application and recommended approval of the rezoning and preliminary plat, subject to the inclusions of the items in the engineer’s report and the addition of the landscape plan including trees at least 8 inches in diameter.

Staff recommends the parcel be assessed the original assessment amount of $33,984 and the remaining balance of $155,653 for the development fees, paid up front as part of the cash escrow approved with the final plat. The construction improvement costs not included in the construction bond sale totaled $39,400 and it is recommended that a condition of the preliminary plat approval be that the property owner pays that amount at the time of the change order for the project, and the remaining balance of $116,253 prior to City Council approval of the Final plat. Staff recommended the Council approve Ordinance #2007-16 for rezoning the property from A-1 to R-1 and Resolution #54-2007 for Preliminary Plat approval for Madsen’s Manor.

MOTION: Motion made by Forseth, seconded by K. Anderson, to waive the reading and adopt Ordinance #2007-16, as presented, approving the rezoning of property from A-1 to R-1 for Madsen’s Manor Preliminary Plat.

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

MOTION DECLARED PASSED.

Attorney Landsman mentioned #7 – Exhibit B missing, and how to address that, explaining, subject to attorney drawing up an agreement for payment. Mr. Madsen came forward and wondered if they are going to get to the road this year, questioning the payment up front. Engineer Hanson explained the process and the need for the contractor to get the Change Order and be used for the contractor’s order of the needed supplies for the addition. Council Member Hoke questioned if paid in Spring, but Hanson relayed that it could get done before that. The Change Order, for the project, is was planned for the next Council Meeting. Staff recommends hard cost payment up front, as is the City’s normal procedure. It was explained that it is part of the cost of the development. Add agreement for the next meeting, so “subject to the agreement contemplated in paragraph 7 …, within 5 days of the September 25^th Council Meeting.

MOTION: Motion made by Forseth, seconded by McNeil, to waive the reading and adopt Resolution #54-2007, as amended, for Preliminary Plat approval for Madsen’s Manor.

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

MOTION DECLARED PASSED.

Motion rescinded by Forseth, seconded by McNeil

SUBSTITUTE MOTION: Motion made by Forseth, seconded by McNeil, to TABLE until the September 25^th meeting.

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

MOTION DECLARED PASSED.

ITEM K – ORDINANCE #2007-18 – WATER TOWER SITE REZONING FROM A-1 TO R-E

RESOLUTION #55-2007—GRANTING ADMINISTRATIVE SUBDIVISION FOR WATER TOWER SITE S.R.#127-2007

Assistant to the Administrator Stwora reported that as part of the NE Dayton Utility Project Areas 1-6, a City water tower is being built. Property divisions were negotiated with private property owners and construction is currently underway. The water tower site must be subdivided administratively from the parent parcel and individually rezoned to RE, Residential Essential Services District, she relayed. On August 2nd the Planning Commission reviewed the application and recommended approval of the rezoning and administrative subdivision. Staff recommends the approval of Ordinance #2007-18, rezoning property from A-1 to RE, and Resolution # 55-2007 approving the administrative subdivision of one lot into two lots to accommodate the City water tower.

MOTION: Motion made by Forseth, seconded by McNeil, to waive the reading and adopt Ordinance #2007-18, as presented, approving the water tower site rezoning from A-1, Agricultural, to R-E, Residential Essential Services.

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

MOTION DECLARED PASSED.

MOTION: Motion made by Hoke, seconded by McNeil, to waive the reading and adopt Resolution #55-2007, as presented, granting an Administrative Subdivision of one lot into two lots for the City Water Tower.

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

MOTION DECLARED PASSED.

ITEM L – ORDINANCE #2007-19 – WELL SITE REZONING FROM A-1 TO R-E RESOLUTION #56-2007 – GRANTING ADMINISTRATIVE SUBDIVISION FOR WELL SITE S.R.#128-2007

Assistant to the Administrator Stwora reported that as part of the NE Dayton Utility Project Areas 1-6, a City well is also being built. Property divisions were negotiated with private property owners/Gold Nugget Property, and the well site must be subdivided administratively from the parent parcel and individually rezoned to RE, Residential Essential Services District.

On August 2nd the Planning Commission reviewed the application and recommended the approval of the rezoning and administrative subdivision. Staff recommended the approval of Ordinance # 2007-19 rezoning property from A-1 to RE, and Resolution # 56-2007 approving the Administrative Subdivision of one lot into two lots.

MOTION: Motion made by Hoke, seconded by Forseth, to waive the reading and adopt Ordinance #2007-19, as presented, approving the well site rezoning from A-1, Agricultural, to R-E, Residential Essential Services.

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

MOTION DECLARED PASSED.

MOTION: Motion made by Forseth, seconded by McNeil, to waive the reading and adopt Resolution #56-2007, as presented, granting the Administrative Subdivision on one lot into two lots to accommodate the City well.

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

MOTION DECLARED PASSED.

ITEM M – CONSIDER INCLUDING PROPERTIES ON HEMLOCK LANE/134^TH AVENUE, NORTH & SOUTH OF S. DIAMOND LAKE ROAD IN N.E. DAYTON PROJECT S.R.#129-2007

Engineer Hanson reported that Staff has been contacted by various property owners on Hemlock Lane/134th Avenue north and south of South Diamond Lake Road expressing interest to be included in the NE Dayton Area 1 – 6 Project. Although the properties can be served with utilities in a variety of ways, the preferred option is to construct utilities in the street not in boulevards/backyards over a period of time, so Staff is requesting the Council consider whether there is interest to investigate further serving all properties in this area with street/utilities in the NE Dayton Project, and if so he recommended a similar letter be sent to all property owners. The approximate project cost would be $679,830 and the assessment $526,953 per the assessment plan for the Project.

Another suggested option was to schedule an Informational Meeting with the property owners to review a proposed project/cost/assessment/schedule. If the City Council elects to move forward with the project, additional funds are required because the cost is not included in the NE Dayton Project.

The Council has had no previous action to include these properties, except the two properties on 134th Avenue, which are included for utilities only. Staff is recommending the Council consider including the 17 properties on Hemlock Lane/134th Avenue north and south of South Diamond Lake Road in the NE Dayton Area 1 – 6 Project.

It was noted the bonding has already been done, so a new Feasibility Report and Public Hearing would be needed. Engineer Hanson relayed that probably all of the residents would not be interested, most properties are 2 ½ acres. Mayor Anderson wondered about sending out survey, and possibly doing it when Blesi property is requesting development. It was mentioned that other areas were discussed and not approved, because of a shortfall. There was CONSENSUS to discuss at the next meeting.

ITEM N – CONSIDER CONTRACT AWARD FOR S. DIAMOND LAKE ROAD TRAIL

IMPROVEMENTS S.R.#130-2007

Engineer Hanson reviewed that the Council at their April 10^th meeting adopted the Final Assessment Roll and set the bond sale for the NE Dayton Area 1-6 Projects. Dayton received a grant from the Federal Safe Routes to Schools Program. The trail covered under the grant was removed for the NE Project Areas 1-6 due to the lengthy review process to receive the federal grant.

Twelve bids were received on August 30^th for South Diamond Lake Road Trail Improvements. The construction costs for the improvement were included in the NE Project and construction bond sale for 2007. Staff is recommending the Council consider contract award for South Diamond Lake Road Trail Improvements to low bidder Omann Brothers, Inc., in the amount of $107,705.10.

MOTION: Motion made by Forseth, seconded by Hoke, to approve the contract award for the South Diamond Lake Road Trail Improvements to Omann Brothers, Inc., as presented, in the amount of $107,705.10.

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

MOTION DECLARED PASSED.

ITEM O – CONSIDER CHANGE ORDER NO. 1 FOR WICHT INDUSTRIAL PARK/

S.W. DAYTON PHASE 1A UTILITY/ROAD IMPROVEMENTS S.R.#131-2007

Engineer Hanson reviewed that the Council awarded the contract to S.R. Weidema Inc. at the September 26, 2006 Council Meeting. They have provided the cost of the new sizes of pipes which result in a reduction to the project cost, a change order of a field design which reduced two storm sewer pipes by 3-inches and 6-inches, which were not in the original contract quantities. Staff is recommending the Council consider Change Order No. 1 Wicht Industrial Park/SW Dayton Phase 1A Utility/Road Improvements for S.R. Weidema Inc. for a deduction of $7,301.00 from the contract.

MOTION: Motion made by Hoke, seconded by McNeil, to approve Change Order No. 1 Wicht Industrial Park/SW Dayton Phase 1A Utility/Road Improvements, as presented, for S.R. Weidema Inc., for a deduction of $7,301.00 from the contract.

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

MOTION DECLARED PASSED.

ITEM P – PRESENT PROJECT COSTS, ASSESSMENT ROLL, & SCHEDULE ASSESSMENT HEARING FOR WICHT INDUSTRIAL PARK/S.W. DAYTON PHASE 1A

UTILITY/ROAD IMPROVEMENTS S.R.#132-2007

Engineer Hanson reviewed that the Council awarded Contract 1 in the Fall of 2006 and approved plans/specifications for Contract 2 for bidding August 14, 2007, with bids being received September 26^th and will be presented to the Council on October 9th. The final project cost of $9,010,211 compared to the preliminary report of $8,629,500 was reviewed, with a difference/over budget of $380,711 – or 4.41%.

The additional cost for CSAH #81 is due to expanding the improvements to include a traffic signal and left turn lane/thru lane in each direction, which was not included in the Preliminary Report. The assessment for utilities/roads/trail/street lights is proposed to be assessed similar to the preliminary report and final assessment roll. The assessment for CSAH #81 is proposed to be the same for all parcels as the preliminary report, with the exception that 50% of the overage ($192,125) is proposed to be assessed and the remaining 50% would be financed by Dayton Municipal Sate Aid Funds. At this time Hennepin County is not proposed to finance the project.

The Contract for Water Service with Maple Grove dated August 8, 2006, provides for a $700,000 payment to Maple Grove, which was included in the bond sale. The preliminary assessment roll provided for the Maple Grove connection charge to Wicht Industrial Park (WIP), which is $598,468. The approval of VF 13 Addition provides for the charge being a responsibility of the plat. The Council should determine if they should be charged at this time, when the properties connect to the water system, and/or if Lot 3 develops. Staff is recommending the Council review the project cost and assessment roll for Wicht Industrial Park/SW Dayton Phase 1A Utility/Road Improvements and schedule the Assessment Hearing for October 9^th, and approve the method of assessment for the overage for CSAH #81. Engineer Hanson passed out the Assessment Roll and Final Construction Costs/Revenue.

Engineer Hanson asked the Council if this is how they want to proceed for the assessment. The Council asked about other options, which he mentioned could be paid for by the bond, and use the MSA Funds for something else at a later date, or assess the full $380,711. It was noted that it is all because of the Wicht Industrial Park. The Council mentioned that the majority of the deficit is the 25% Indirect Cost. Administrator Orduno mentioned some significant decreases in assessment in VF 13 and she explained that it is a significant change in property assessed. There was discussion on changes/decreases. It was relayed that there are other State Aid Roads that could benefit the residents. It was noted the assessment roll need to be to the County by November 15^th for the 2008 property taxes

MOTION: Motion made by McNeil, seconded by Forseth, to approve the project costs and assessment roll, as presented, scheduling the Assessment Hearing for the Wicht Industrial Park/SW Dayton Phase 1A Utility/Road Improvements for October 9, 2007, and approving the method of assessment for the overage of CSAH #81, as discussed.

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

MOTION DECLARED PASSED.

ITEM Q – COMPENSATION STUDY CONSULTANT SELECTION S.R.#133-2007

Assistant to the Administrator Stwora reviewed that the 2007 Budget included monies for a Compensation Study. The City sent out an RFP for consultant services and received two proposals – Springsted, Inc. and Laumeyer & Associates. The Compensation Study will address pay equity issues, and create new job descriptions, classifications and compensation scales. Both firms were interviewed. Based on the interviews and reference checks, Staff recommended approving Springsted as consultant to draft the Compensation Study not to exceed $10,500 and for the Mayor and City Administrator to execute an agreement approved by the City Attorney.

Council member Forseth suggested that it would have been nice for a Council member or two to sit in on the interviews, which was desired by the Council in the future. They wondered if there would be any conflicts if results come back differently than desired by Staff, which should not be a problem with everyone professional. It was asked if the other agency would be more impartial. There was discussion of taking the lower bid, and that they were over the budgeted amount. Hoke suggested agreeing with Springsted if they would do it for $10,000 – within the budgeted amount.

MOTION: Motion made by Hoke, seconded by McNeil, to offer the opportunity to Springsted for $10,000. .

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

MOTION DECLARED PASSED.

ITEM R – ORDINANCE #2007-20 – ANIMAL ORDINANCE UPDATE S.R.#134-2007

Planner Stwora reviewed that the Council directed the Public Safety Commission to review the Animal Ordinance. Staff provided them with ordinances from several surrounding communities and the Commission added only one section, regarding removal, collection and disposal of feces and accumulation of feces.

MOTION: Motion made by McNeil, seconded by K. Anderson, to waive the reading and adopt Ordinance #2007-20, as presented, approving Section 502.03 of the City Code regarding Small Animals, adding Subdivision 3 relating to Dog Defecation.

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

MOTION DECLARED PASSED.

ITEM S – ORDINANCE #2007-14 / ORDINANCE #2007-15 SUMMARY – CONSIDERATION OF CITY OF DAYTON FEE & ESCROW SCHEDULE UPDATE S.R.#135-2007

Assistant to the Administrator Stwora reviewed the updated City Fee and Escrow Schedule with minor changes made regarding surcharges, based on the State Mandated rules. She noted the changes/additions to the schedule, including the addition of a Contractor License Search for $10.00; the Sewer and Water Connection Permit Application Fee changed from $50.00 each to $150.00 each, to cover the Public Works Staff fully burdened hourly rate for three visits, and the addition of a Fire Suppression Permit at 1½% of contract cost up to $10,000 and 1% above $10,000 plus surcharge – for a minimum of $39.50+$.50 surcharge. Lastly, a Swimming Pool Permit was changed from a flat fee to fee based on valuation. Staff recommended the Council approve the updated Fee and Escrow Schedule with Ordinance #2007-14 and Summary Ordinance #2007-15.

Council member Forseth mentioned that he disagreed with fees to maintain homes, and Council Member McNeil also agreed. He stated that he was not comfortable with some of the park usage fees, which have not changed, it was relayed. He suggested having them reviewed by the Park Commission.

MOTION: Motion made by McNeil, seconded by Hoke, to waive the reading and adopt Ordinance #2007-14, as presented, approving the City of Dayton Fee & Escrow Schedule as updated.

Ayes: D. Anderson, Forseth, Hoke, K. Anderson, McNeil Nays: McNeil, K. Anderson, Forseth

MOTION DECLARED PASSED.

Council Member Hoke recommended giving a copy of the old one and strike through, and he suggested review of the Fee Schedule at the end of the year.

Council Members Forseth and McNeil– only supporting those 4 things). Council Member Hoke noted that the $10 for the license search would be passed on to the homeowner. The four additions were as follows:

Addition – Contractor License Search - $10.00 – Required with all building permits where a contractor does not submit a copy of a valid license or is not already in the system.
Sewer and Water Connection Permit Applications – From $50.00 each to $150.00 each. Public Works staff need to visit each permit site multiple times, and accounting for their fully burdened hourly rate, this new figure assumes an average three visits from Public Works staff per permit (sewer and water).
Addition – Fire Suppression Permit – 1 1/2% of contract cost up to $10,000 and 1% of cost above $10,000 plus surcharge – minimum $39.50+$.50 surcharge.
Swimming Pool Permit – From flat fee to based on valuation

MOTION: Motion made by Hoke, seconded by Forseth, to waive the reading and adopt Ordinance #2007-15, approving the Summary for publication of the Dayton Fee & Escrow Schedule.

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

MOTION DECLARED PASSED.

ITEM T – RESOLUTION #47-2007 – CERTIFYING THE 2008 LEVY

RESOLUTION #48-2007 – ADOPTING 2008 PRELIMINARY GENERAL FUND OPERATING BUDGET S.R.#136-2007

Administrator Orduno reviewed that in January the Council, Administrator and Department Directors met for the annual goal setting, where budget priorities were outlined for the 2008 Budget. From those priorities, the 2008 Budget was developed and presented to the Council for discussion on July 31^st and August 14^th, 2007. The Council then directed revisions, which were incorporated into the Certification Draft of the 2008 Budget. Minnesota State Statute provides that a city must certify its preliminary levy to the county no later than September 15th of each year, when the levy maximum is set and cannot be increased.

The 2008 Levy, proposed at $2,653,080 - a 7.5% increase over 2007, the smallest increase in three years, is the amount of money required to fund the General Fund operations of the City (General Government, Administrative & Buildings; Public Safety; Streets & Highways; Culture & Recreation; and Contractual), as well as the money required to pay off municipal bonds sold to fund street construction, improvements to infrastructure and buildings, and capital equipment purchases. Its local tax capacity rate of 43.40%, less than the 2007 tax capacity rate of 44.48%, means minimal impact to property taxes.

The General Fund expenditures are anticipated to increase by $186,025, an 8% increase over the 2007 expenditures. Revenues are expected to decline in several areas related to building permits, but interest earnings should remain steady. The City remains a net gainer in fiscal disparities, receiving over $244,300 in market value from the 7-County Metro pool. The City’s total tax capacity increased by over 9% to $5,549,440 which is critical as it helps keep the City’s tax capacity rate low.

The Special Levies for 2008 are a combined total of $125,495 ($5,047 for the PERA levy and $120,448 for the COPS levy). Debt Service Levy - $601,310, an increase of $78,979 from 2007 – over 15% increase in debt service payments.

Council member McNeil commented on that he was acceptable with raising it to 8%. He suggested some increases to the 24/7 for the Police Budget for part-time officers – about $11,500 increase. Mayor Anderson mentioned the significant assessments for next year, and the school districts plan for levy increases. It was mentioned that with the additional development possible with the sewer and water, there was discussion that now could be a good time to add police protection.

There was discussion of adopting Resolution 47-2007 Adopting Preliminary Tax Levy with an 8% levy increase, as discussed, with the additional .5% /approximately $11,000, for police protection, making the part-time police budget to about $40,000.

MOTION: Motion made by McNeil, seconded by K. Anderson, to waive the reading and adopt Resolution #47-2007, at an 8% increases, approving the certification of the 2008 Levy.

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

MOTION DECLARED PASSED.

MOTION: Motion made by Forseth, seconded by McNeil, to waive the reading and adopt Resolution #48-2007, as presented, adopting the 2008 Preliminary General Fund Operating Budget.

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

MOTION DECLARED PASSED.

ITEM U – APPROVAL OF MAYOR’S ATTENDANCE AT NATIONAL LEAGUE CONFERENCE S.R.#137-2007

Administrator Orduno reported that the National League of Cities hosts two conferences per year; the second of which is November 11th-17th in New Orleans, designed for specific issue workshops, small city topic areas, and current operational issue seminars. The Council has previously approved attendance by the Mayor and City Administrator for NLC Conferences. She relayed that the 2007 Budget has sufficient funds at this time for the Mayor’s attendance. She reviewed the estimated costs totaling $2,350 and recommended the Council consider the Mayor’s attendance at the National League of Cities Congress of Cities Conference.

MOTION: Motion made by Forseth, seconded by McNeil, to approve Mayor Anderson’s attendance at the National League of Cities Congress of Cities Conference, as presented.

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

MOTION DECLARED PASSED.

ITEM V – N.E. DAYTON AREA 5 STORM SEWER EXTENSION TO MISSISSIPPI RIVER FROM PINEVIEW LANE/OVERLOOK ROAD & EASEMENT OFFER

S.R.#138-2007

Engineer Hanson added this item to the agenda and handed out information regarding the N.E. Dayton Area 5 Storm Sewer Extension to Mississippi River. He reviewed that the Council has previously approved payments for easements and damages in the amount of $81,414 for NE Dayton Areas 1-6 projects. The City Council previously approved Change Order No. 1 for Contract 3 in the amount of $33,444.72 (1% of $3,456,876).

Staff is requesting the Council consider extending a new 21”/24” storm sewer pipe to the Mississippi River from Overlook Road/Pineview Lane. The project as bid required connecting to the existing 18” storm sewer at Overlook Road. During construction, it was determined the existing storm sewer pipe is 15”, not 18” and is in poorer condition than initially thought. If the storm sewer is reconstructed in its existing location/easement, an existing exposed concrete driveway must be reconstructed at 12700 Overlook Road. Therefore, to eliminate reconstructing the concrete driveway at 12700 Overlook Road, a permanent easement has been reviewed with the property owner at 12610 Overlook Road such that the existing concrete driveway does not have to be reconstructed.

Engineer Hanson reviewed three possible options:

Connect to existing storm sewer per plan and not extend storm sewer to river.
Reconstruct exposed concrete driveway in existing easement at 12700 Overlook Road (estimated cost $14,500; standard concrete estimated cost $6,800)
Acquire easement 12610 Overlook Road (estimated cost $4,290)

The estimated cost to construct the additional storm sewer to the Mississippi River for Option 2 or 3 is $29,000. If Option 1 is preferred, a new storm sewer extension to the river could be considered if the property at 12610 Overlook Road were to subdivide in the future. The easement required to construct the new storm sewer could be acquired at the time of subdivision at no cost based on approval on the subdivision.

The storm sewer extension cost is a project cost and will be financed by the NE Dayton Areas 1-6 projects. Preliminary estimates of all quantities for Contract 3 indicate the additional storm sewer/easement cost will be within 2% of the total final contract amount.

The letter dated September 10, 2007, reviewed the options to consider for the storm sewer extension to Mississippi River from Pineview Lane/Overlook Road and payment for a permanent easement to Joan Nephew (12610 Overlook Road - $4,290). Staff will prepare the appropriate documents to execute the change order to extend the storm sewer pipe, easement, and payment if approved by the City Council. If further negotiations result in payment changes, they will be brought back to the City Council for consideration.

MOTION: Motion made by McNeil, seconded by K. Anderson, to have staff contact the property owner at 12700 Overlook about the extension of the storm sewer pipe.

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

MOTION DECLARED PASSED.

ITEM X (FORMERLY G) – FIREWORKS DISPLAY AT HERITAGE DAY

Fire Chief Nordmeyer reported on his reasons why he did not feel comfortable signing off on the fireworks display at the Dayton Heritage Day festival, with prior situations that have occurred and the placement/site for launch. Council Member Forseth agreed that behind the church did not seem safe to him, either, wondering about the DNR Landing. Chief Pietrzak explained his reasons for approving it, as the wind/storm was an issue for the display last year. The Council wondered if weather not appropriate, that the condition for approval will know it is permitted, only if appropriate. There was a suggestion to let this move forward, but plan better for next year. Administrator Orduno relayed that it is a community group, Heritage Day Committee, not a City-sponsored event. Council Member McNeil relayed he would, as a Committee member, relay the concerns to the Committee.

MOTION: Motion made by Hoke, seconded by McNeil, to approve Resolution 51-2007 granting application for commercial fire works display at Heritage Day.

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

MOTION DECLARED PASSED.

REPORT OF OFFICERS

MAYOR UPDATES

Anderson mentioned the card he received from the League Regional Meetings the Council is being invited to.

FIRE CHIEF

Chief Nordmeyer noted that the new utility truck has been received.

Chief Nordmeyer reported that last Thursday there was a barn fire and that there was some damage tracks on skid loader that belonged to the City of Elk River. Mayor Anderson suggested charging back the property owners, suggesting discussion item for another meeting.

He noted that there had been some concerns about a fire truck access to Cedarwood Court cul-de-sac. Chief Nordmeyer confirmed that there was enough access for a truck to get into Cedarwood Court.

CITY PLANNER

Assistant to the Administrator Stwora reported that the September 18^th /27^th Comp Plan Amendment meetings, and that the Public meeting will be Oct. 16^th at the Dayton Elementary School.

ADJOURNMENT

MOTION: Motion made by McNeil, seconded by K. Anderson, to adjourn.

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

MOTION DECLARED PASSED.