City Council Minutes October 9, 2007

MOTION: Motion made by McNeil, seconded by K. Anderson, to approve the Consent Agenda of October 9, 2007.

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

MOTION DECLARED PASSED.

OPEN FORUM

Betsy Ebner, 11221- 129^th Avenue N., came forward to suggest the Council request to lower the speed limit on Country Road #121, at least between the City of Champlin border and the Three Rivers Park access near Pineview Lane. She reviewed her information from Hennepin County, requiring the request come from the Council. She informed that with the foot traffic and Park access, the speed should be lowered from 50 and 55 M.P.H. for safety, as well as having a double solid yellow line. She wondered if approval could be received before the blacktop is supposed to be completed later this month. Mayor Anderson agreed that the time was right to do that. Engineer Hanson suggested putting the request before the County now, and he explained the process, mentioning that the double yellow line was appropriate, and possibly already included in the project.

PUBLIC HEARING

ASSESSMENTS FOR WICHT INDUSTRIAL PARK/S.W. DAYTON PHASE 1A UTILITY & ROAD IMPROVEMENT PROJECT

The Notice of Public Hearing on Assessments and a memo dated October 2nd, comparing the Final Project Cost and Assessment with the Preliminary Report and Final Assessment Roll Summary, was provided to the Council for review. It was relayed that the Assessment Roll must be certified to Hennepin County by November 15, 2007, and that an interest rate of 5.85% and the time of assessment for 10 years be set by the Council. The total amount proposed to be assessed is $9,469,598 and the total project cost is $9,870,309. Staff is recommending the Council receive input at the Public Hearing on Assessments and if in approval, adopt the Final Assessment Roll, as presented.

Assistant to the Administrator Stwora relayed that two appeals to the assessments were received today and provided to the Council. Engineer Hanson reviewed a PowerPoint of the proposed project and assessment area. He mentioned the addition of the traffic signal/lane additions and additional proposed cost for the County Road #81/113^th Avenue and Holly Lane Intersection. Contract 2 was bid today and results will be before the Council at their next meeting, Hanson relayed.

Mayor Anderson opened the Public Hearing and the following came forward to speak:

1) Steve Miller and Cynthia Wahl from Miller Machine, 18171 Territorial Road, asked what they were being assessed for. Engineer Hanson relayed it was for the assessments in County Road #81 only, not sewer and water yet, at this point. They voiced concern of their driveway being damaged when the trucks doing construction tore it up turning around in it. Hanson relayed he would talk to the necessary representatives about the issue and review it. They mentioned an issue regarding the selling of a portion of their property which is now deemed less than 5 acres because of the road easement, which the Council requested Staff check into.

2) Gordy and Kathy Roberg, with property on the south side of freeway, asking how assessments are being determined and how it benefits their property, especially their swamp land triangle parcel south of I-94. Engineer Hanson explained that because there is road frontage, it was figured in. Mr. Roberg wondered if he should file a protest against that. Hanson informed he would get back to them regarding those questions.

3) Diane Dennstedt of T&D Properties, 17201 – 113^th Avenue in the Dayton Industrial Park, had questions regarding the assessment notice, which she suggested was deceiving. She handed out a copy and explained how she thought it included sewer and water, not just a street light and turn lanes on 113^th Avenue. She questioned why the City would want the money now, when construction did not take place before next year. Engineer Hanson explained that the discussions with the County representatives have delayed the project somewhat. She did not feel her Industrial Park lot would cause the safety problems on County Road #81, but that it was only because of the new Wicht Industrial Park development the stop light was needed. She wondered if the intersection would be tore up once sewer and water does get constructed, and Hanson explained how it could be done to prevent the majority of the reconstruction.

4) Herman Kauffman of K-Manufacturing, 18351 Territorial Road, stated he agreed that the letter was deceiving, and suggested each letter specify what each parcel was getting assessed for. He stated he was near Mr. Miller’s property and wondered why a short stub could not be run to accommodate the rest of the property on Territorial Road. He stated he wants sewer and water and he suggested their area is not getting included, as promised in 2005, and Engineer Hanson explained the reasoning at the time. Hanson relayed that option can be included as part of the project, with the Feasibility Report being presented later this fall and a hearing in January. Kauffman stated that interest being charged before the project is done did not seem fair, and he suggested at least the interest be held off until the project is completed.

5) Mike Gove from VF-13 Group/MnRV in Plymouth, who own property in Dayton, commented regarding his written objection to the assessments the Council received. He mentioned the waiver and contract, stating he does not feel the value is worth what the assessment amount is. He objected to the change from the March 2006 Feasibility Report where the first tax payment would not occur until after Contract 1 and Contract 2 had completed substantial construction.

6) Frank Simon and Mark Sundman, business owners of JMS Trucking at 18271 Territorial Road stated they also agreed with Mr. Kauffman, thinking sewer and water was coming in this year and they wanted it. They do not know the assessment amount, though, as they did not get a letter. Engineer Hanson relayed they were not included in this area assessment, but the Feasibility Report provided later this fall was mentioned to them.

7) Selma Stern of 17100 Territorial Road with several parcels on Territorial Road, asking what $518,000 covers and if they pay only if they connect to sewer and water, since they do not know how to pay for it. She mentioned the small parcel of swamp land and the amount of frontage was noted and explained. Engineer Hanson explained that the amount includes sanitary sewer, water and utilities in Territorial Road, whether they connect or not, so they can sell the land to be developed as commercial/industrial zoned property. Attorney Hoff and Clerk Borders relayed that interest is deferred, as well as principal, for senior deferrals, as long as the parcel is homesteaded and Green Acres parcels are deferred until the property is pulled from Green Acres.

8) Steve Miller asked how much Cemstone is paying towards the Sewer and Water Project. The Assistant to the Administrator Stwora responded that $1.7 million was paid by them and $5.3 million total by the Wicht Industrial Park.

9) Michelle LaBrasse of 17601 – 113^th Avenue in the Dayton Industrial Park asked when the decision will be made on sewer and water coming through that area. Engineer Hanson relayed that the City wanted to find out the County Road #81 plans first, and then bring the sewer and water information to the parcels possibly affected. The next step is to find out the interest of the property owners, before the intersection would be constructed, it was confirmed, with modifications taking place, if approved.

The Public Hearing was closed at 8:15 p.m. by Mayor Anderson.

COUNCIL BUSINESS

ITEM F – WICHT INDUSTRIAL PARK/S.W. DAYTON PHASE 1A UTILITY/ROAD IMPROVEMENT PROJECT S.R.#156 -2007

RESOLUTION #60-2007: ADOPTING THE ASSESSMENTS AGAINST BENEFITED LANDS FOR THE WICHT INDUSTRIAL PARK/S.W. DAYTON PHASE 1A UTILITY & ROAD IMPROVEMENT PROJECT

Attorney Hoff noted the two assessment written objection letters received today, one from Berglund & Berglund representing John E. Wicht and one from Mike Gove from VF13 Group. Mayor Anderson wondered about more discussion taking place regarding the timing and due dates on the assessment, after hearing the residents input. There was discussion that the City’s Financial Consultant would need to rerun the numbers and the possible options were mentioned, with concerns of timing with the County and regulations. It was mentioned that Contract 1 is almost completed. The Council wondered how the postponing of the $1.4 million for the County Road #81 portion of the project would affect the Improvement, as a whole.

Attorney Hoff suggested the Council could continue the Council Meeting until additional financial information could be received from Springsted, confirming that the interest seemed to be more of a complaint than the principal. The Council explained the bond payments and process. Council member Hoke agreed that assessing Contract 2 later should be further discussed, and there were questions regarding differentiating between the two Contracts. There was discussion of posting the continuing of the meeting until Thursday, October 11^th, at 6:00 p.m. before the Comprehensive Plan meeting, in which Assistant City Attorney Landsman would attend, as Hoff would be unable. Hoff suggested discussions between Staff, his office, Engineer Hanson and Bruce Kimmel from Springsted.

MOTION: Motion made by Forseth, seconded by K. Anderson, to lay the item of the adoption of the Assessments against benefited lands for the Wicht Industrial Park/S.W. Dayton Phase 1A Utility and Road Improvement Project over until October 11^th at 6:00 p.m., posting the notice on the door.

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

MOTION DECLARED PASSED.

The Council responded that a notice of the decision on October 11^th would be sent out.

ITEM G – CONSIDERATION OF ADDENDUM TO COMPENSATION STUDY S.R.#157-2007

Assistant to the Administrator Stwora reported that Staff held a meeting with the Compensation Study Consultant on September 25th, in which Council members Forseth and McNeil attended. It was suggested, based on the age of information and need for comparable benefits information, that the scope of the project be slightly modified to include new job descriptions to accurately reflect job duties for the market analysis, that benefits be included as part of the Market Study, and that Springsted will prepare the State of Minnesota Pay Equity Report. The additional cost was estimated at about $1,700. Council member Hoke commented that he was surprised that a Compensation Study would not include a study of benefits, which the others agreed.

MOTION: Motion made by K. Anderson, seconded by Forseth, to approve the Addendum to the Compensation Study, as presented, and to allow the Mayor and City Administrator to sign an addendum to the contract.

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

MOTION DECLARED PASSED.

ITEM H – EXTENSION OF AGREEMENT BETWEEN CITY OF DAYTON AND LYNDE & MCLEOD DEVELOPMENT COMPANY, INC. FOR THE MAPLE GROVE YARD WASTE SITE S.R.#158-2007

Assistant to the Administrator Stwora reported that the current contract with Lynde and McLeod for the Maple Grove Yard Waste Site runs through the end of this year, and they are requesting an extension of the contract. The changes would include that the term be extended to December 2011, the price paid be increased from $4.15 to $4.55 per cubic yard, they will split revenues for “compost” equally with the cities for amounts over $3.00, either party annually may terminate for future years, and they may terminate if the City of Maple Grove terminates their lease for the site, since it is located on right-of-way for the future Highway #610. It was noted that there has not been a price increase since the last contact renewal four years ago.

Assistant to the Administrator Stwora mentioned Council member McNeil’s suggestion of Dayton allowing up to 10 inch brush for a nominal cost, being uniform with other cities. Mayor Anderson recommended adding the discussion of the issue to a future agenda.

MOTION: Motion made by Hoke, seconded by Forseth, to waive the reading and approve the Extension of the Agreement between the City of Dayton and Lynde & McLeod Development Company, Inc., as presented, for the Maple Grove Yard Waste Site and authorize the Mayor and City Administrator to execute the Contract.

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

MOTION DECLARED PASSED.

REPORT OF OFFICERS

COUNCIL UPDATES

Council member Hoke commented that in the future he hopes the City can clarify the assessment hearing notices better by including what is being assessed and to whom, and that the Staff Reports be more clear by including addresses, when possible, instead of P.I.D.#’s. The other Council members agreed, and Engineer Hanson responded later that many of the parcels did not have addresses, so that is why PID#’s were used. He relayed it could be changed to better communicate the information, though.

Council member K. Anderson thanked the Police Department on their speed control in the Historic Village.

Council member McNeil mentioned a luncheon on LEEDS and Green Star Developments put on by Central Land Use Coalition on October 31^st that he and Administrator Orduno would be attending. Assistant to the Administrator Stwora relayed she could sign others up, if they were interested.

Council member Forseth thanked Lance for getting dirt down on Pineview Lane to help with the potholes.

ASSISTANT TO THE CITY ADMINISTRATOR

Assistant to the Administrator Stwora reported that the City Website is now being updated daily with the N.E. Dayton Project information and for the weekends, on Thursday afternoons.

She mentioned that King Solutions would be coming in for their building permit in a few weeks, and should get started this year.

Lastly, Stwora reminded that the Comprehensive Plan Meeting was schedule for October 11^th for the Task Force and the City Council, and the Comprehensive Plan Public Meeting on October 16^th.

POLICE CHIEF

Chief Pietrzak handed out the hunting regulations and map and asked that the Council review it, as there will be further discussion, since the Public Safety Commission would be discussing it the following night.

CITY ENGINEER

Engineer Hanson handed out information and reported on the Gravity Storm Sewer Alignments 2006 and 2007 with Three Rivers Park District Staff, the Donahue Dells Pond Outlet to French Lake Road and the Alternatives Researched – Figures 4 and 5. He explained the three significant items done to the Donahue Dells Pond for the NE Dayton Improvements, and reported that last week Staff relayed that Dayton’s request to build gravity sewer to the Park was denied. Hanson reviewed the future impacts and offered suggestions.

Council member Hoke suggested the Donahue Dells residents not be recharged for this cost in the future, since they have already paid, which Engineer Hanson suggested could be done with State Aid funding for French Lake Road, possibly, for a lift station. The Council discussed the Easement Agreement with the Park and Mayor Anderson reported on his discussion with Park Commissioner Marilynn Corcoran. He suggested their decision was not inappropriate, even though it was not what Dayton desired. It was informed that their Park Board will work with the City in the future, once development takes place. There was discussion of the original easement and the specific wording.

MOTION: Motion made by Forseth, seconded by McNeil, to continue this meeting to Thursday, October 11^th at 6:00 p.m.

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

MOTION DECLARED PASSED.