City Council Meeting Minutes 11-13-2007

MOTION: Motion made by Forseth, seconded by McNeil, to approve the Consent Agenda of October 23, 2007.

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

MOTION DECLARED PASSED.

PUBLIC HEARING:

DRAFT PART 2, WELLHEAD PROTECTION PLAN S.R.#170-2007

Bonestroo’s representative, Mark Janovec, came forward and reviewed Engineer Hanson’s report, informing that the City of Dayton completed the mandated Part 1 Wellhead Protection Plan in October 2005 and presented it at a public information meeting that December. He handed out a Wellhead Protection Plan WHPA and DWSMA – Figure 1, a map of the area around Dayton’s Well #1. It was relayed that the Council now needs to receive input from the public for Part 2 Wellhead Protection Plan, and approve submittal to the Minnesota Department of Health (MDH) for review.

The Public Hearing notice informed that the Plan is designed to continue the City’s efforts to prevent human-caused contamination from entering the municipal water supply system, and identifies the area of the groundwater aquifer that supplies water to the City’s well over a 10-year period. Based on the level of vulnerability, potential sources of contamination were identified and a management plan created. The budget to prepare the Plan was included in the 2007 Budget at $8,000. The goals were reviewed with the Council and those in attendance. It was relayed that as additional wells are obtained by the City, revisions would be needed and that only after wells are on line, is a plan put into place. Mayor Anderson opened the Public Hearing and no one came forward, so it was closed.

OPEN FORUM

No one was present for Open Forum.

Added item – ORDINANCE #2007-21: AUTHORIZING PARTIAL PAYMENT OF SPECIAL ASSESSMENT FOR LOTS 4 & 5, BLOCK 2, WICHT INDUSTRIAL PARK (KING SOLUTIONS)

A letter was provided from Dayton Holding 28727, LLC of Minneapolis, dated October 23, 2007, owner of Lots 4 and 5, Block 2, Wicht Industrial Park, with regards to the King Solutions business, who informed they never received notice of the assessment hearing on October 9^th until after that date. They stated their objection to the assessment made for Wicht Industrial Park/SW Dayton Phase 1A Utility/Road Improvements Project, as it pertains to their property, and requested an appeal for part of the assessment.

Assistant to the Administrator Stwora added this item to the agenda for Council discussion, per the above property owner’s request, presenting Ordinance #2007-21, authorizing partial payment of the Special Assessment. This would allow them to put on their tax rolls, $264,582.20 of the $1,280,255.80. This would allow for King Solutions to apply for their Building Permit, and the appeal of the $264,582.20 would play out through the legal process. Attorney Hoff explained the letter was an objection, but not a technical appeal.

The Council discussed the advantages for the City and suggested the decision was an equitable way to handle the situation. It was clarified by the developer of King Solutions that $264,582.20 was the objection, as that was the amount more than the estimated assessment originally mentioned. Administrator Orduno thanked the developer for their respect regarding the process to find a solution.

MOTION: Motion made by Forseth, seconded by Hoke, to waive the reading and adopt Ordinance #2007-21, as presented, authorizing partial payment of Special Assessment for Lots 4 and 5, Block 2, Wicht Industrial Park (King Solutions).

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

MOTION DECLARED PASSED.

COUNCIL BUSINESS

ITEM F – RESOLUTION #63-2007: NATURES CROSSING 3^RD ADDITION FINAL PLAT S.R.#161 -2007

Assistant to the Administrator Stwora reported that Tom Dehn of MTD Properties, LLP, submitted an application for the Final Plat and final stage Planned Unit Development (PUD) of Nature’s Crossing Third Addition, which consists of three single family lots and one outlot on 9.54 acres of land. The property is located south of Elm Creek Road and West of Goose Lake Road and the preliminary plat of 94 lots was approved by the Council on December 10, 2002.

The development stage PUD, rezoning and preliminary site plan applications meet ordinance requirements, subject to the conditions listed in the planning and engineering reports and resolution.

At their October 4th meeting, the Planning Commission reviewed the application and approved the request, which Staff is recommending for Council approval by resolution. The Council had questions about wetland mitigation, which were clarified.

MOTION: Motion made by Forseth, seconded by Hoke, to waive the reading and adopt Resolution #63-2007, as presented, approving the Nature’s Crossing Third Addition Final Plat and Final Stage Planned Unit Development (PUD).

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

MOTION DECLARED PASSED.

ITEM G – SCOTT & PAM WEIDEMA REQUEST FOR SEWER/WATER STUB AS PART OF THE N.E. DAYTON PROJECT S.R.#162-2007

Assistant to the Administrator Stwora reported that October 16th Scott Weidema submitted a letter to the Comprehensive Plan Task Force, stating his discontent with being placed in the proposed “Urban Reserve” area that proposes services post 2030. He also asked her and Engineer Hanson if he can be provided a sewer/water service stub, as part of the improvements to North Diamond Lake Road, which he would like installed next week. Stwora noted that his area is not part of the NE Dayton sewer and water project or in the Metropolitan Urban Service Area (MUSA), as defined in the 1998 Comprehensive Plan currently in place, deviating from policy.

Staff requested the Council discuss policy on allowing additional hook-ups to properties that are not part of the Project area and are outside of the current MUSA. The Council discussed the pros and cons and referred to Attorney Hoff on the precedence issue and he explained that to use the service and hook-up, some kind of a Comprehensive Plan extension and assessment would be needed to the area, as no development is planned. It was mentioned that to approve this would not mean the City was going beyond the MUSA Line as there could be no service to the area for 20 years, and they reiterated that the Weidema’s stub would not guaranty service, causing some risk to them. There was discussion of many options, but Administrator Orduno relayed that time is an issue, because of the NE Dayton Project timeline.

Engineer Hanson noted that the service stub cost could be $5,000-$8,000 because of the service request which would be enough for that area, it was explained, for the entire Berkshire development. He relayed how this would be pro-active, so as not to re-tear up the road. Attorney Hoff got confirmation from Mr. Weidema that the cost would be determined by Engineer Hanson, and that although the line may go in, hook-up could not happen until it was allowed by the MUSA Line extension and the Comprehensive Plan. Hoff explained that the Council could approve the making of findings that the project is currently in the area of the Weidema property, to service the area now is relatively easy and straight forward, as opposed to servicing it later, which would require removal of road surface, damage to the roadway, and not be in the best interest of the City, with respect to its infrastructure. Based upon that, they could allow the requested connection, subject to the entering into an agreement with the City, with respect to paying the cost, as determined by the City Engineer, that no use or service will be made of the line, until such time as the property is within the MUSA Line, as allotted by the Comprehensive Plan for utility service, and Weidema’s understanding that by allowing this service there is no guaranty that the property will be brought within the MUSA Line at any particular point in time.

MOTION: Motion made by Hoke, seconded by Forseth, to approve the Weidema’s request, and ask Staff to draft an appropriate resolution addressing the findings discussed, the conditions set forth, and asking the Weidema’s to execute any number of agreements that may be written by the City.

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

MOTION DECLARED PASSED.

ITEM H – HISTORIC VILLAGE SEWER/WATER HOOK-UPS UPDATE S.R.#163-2007

Assistant to the Administrator Stwora reviewed that Ordinances #2000-08 and #2001-02 were approved in 2000 and 2001, stating that properties in the Historic Village Sewer and Water Project area must be connected to the system within five years -- April 8, 2006. There are no penalties in either of the approved ordinances. A letter was sent out to the addresses not hooked up in August 2005 and May 3, 2007 to the nine people who had not hooked up. It was mentioned that part of the reason the Sewer/Water Fund is in the red is because of the lack of hookup/quarterly charge for service.

In June, the Council authorized a letter be sent from the City Attorney, stating the connection must be made by October 1, 2007, and a reminded was sent in September. As of October 18, there are still six that have not connected. Assistant to the Administrator Stwora suggested some options and requested discussion from the Council regarding those who have not hooked up to City sewer and/or water, giving Staff direction for the next steps. She mentioned the time issue with installations at this time of the year, and Mayor Anderson noted the safety issue, as well.

The Council discussed the different options with Attorney Hoff and the four notices/opportunities these residents had had, sharing their desire for something to happen to those who do not hookup, for the fairness to those who have participated responsibly. They mentioned that the minimum charge of $30 per quarter should be the beginning. It was recommended Staff 1) confirm the notice is going to the correct owner if the issue is foreclosure, 2) place the lack of sewer/water hookup on record with the County Recorder, so if it changes hands the buyer is not buying a problem; 3) Staff/Building Inspector visit the properties and verify if the septic system is in working order, and 4) issue a letter informing that in the Spring the City would do the work and assess the property with a deadline, if the homeowner is not participating.

Concerns for the City up-fronting the costs to do the work, was mentioned. It was suggested that by next spring or summer, ordinances should be in place to address the same issues for NE Dayton area and City-wide. Attorney Hoff noted that the letters have not come back, so someone must be living at the addresses. He commented that to insure compliance, the answer is to have the City do the work. Staff also mentioned the addition of withholding any permits or other actions on the property, including subdivision, and the Council agreed the properties should be red-flagged, in that respect.

MOTION: Motion made by Forseth, seconded by McNeil, to direct Staff to determine the correct owner/owner of record, informing the County Recorder, flagging any permits, having the buildings inspected, and having a letter sent out with a deadline that in the spring the City would connect and assess them, and also begin charging them the quarterly minimum amount starting the next billing cycle/immediately.

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

MOTION DECLARED PASSED.

ITEM I – M.P.C.A. ENVIRONMENTAL ASSISTANCE GRANT PROGRAM S.R.#164 -2007

Assistant to the Administrator Stwora reported that the Minnesota Pollution Control Agency (MPCA) is requesting proposals for the 2008 Environmental Assistance Grant Program and that "Creating More Sustainable Communities" is a major focus for current grants. In the Green Building area, they are particularly interested in funding proposals that facilitate and provide incentives for the use of existing Green Building programs by community residents and businesses and their incorporation into city policies and ordinances.

Bonestroo has been contacted, as they have extensive staff within various environmental disciplines, Assistant to the Administrator Stwora informed, and she reviewed some ideas they came up with of how the grant could be used. The maximum grant amount is $40,000, requiring a 25% match --$10,000. She reviewed the process and costs for Bonestroo’s assistance -- 5 hours for the preliminary application, or about $400. If Dayton was asked to submit a final application next spring, it could take up to 30 hours, or approximately $2,400. Preliminary application is due by Monday, October 29, 2007. Stwora asked for Staff direction on Environment Assistance Grant Program whether to work with Bonestroo on a preliminary grant proposal, or wait to apply in future years after the Comprehensive Plan and Zoning Ordinance Update are complete.

Mayor Anderson mentioned the timing and future years’ application as a better possibility, since the City did not have any development plans at this time. Council member Forseth agreed, commenting that the City would be in a better financial position for additional expense then, but wants current projects wrapped up first. Council member McNeil wondered about doing this to coincide with implementing ordinances, stating he was in favor of the preliminary cost. Administrator Orduno commented that the other cities awarded have a project. Council member Hoke suggested it was premature, at this time. Anderson suggested looking at it next year, since there is no project that would benefit the City of Dayton today. McNeil recommended a plan/process now, so the City would be prepared when the opportunity occurs again, possibly going before the Park Commission. McNeil explained that the information had been provided to him and Assistant to the Administrator Stwora, because of organizations knowing about Dayton and meetings they have attended.

MOTION: Motion made by Forseth, seconded by Hoke, to pass on this for the time being, directing Staff to not work with Bonestroo on a preliminary grant proposal to be submitted next week.

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

MOTION DECLARED PASSED.

ITEM J – CONTRACT AWARD, S.W. DAYTON PHASE 1A, CONTRACT 2, CSAH#81 & HOLLY LANE/113^TH AVE. INTERSECTION IMPROVEMENTS S.R.#165-2007

Bids were received on October 9, 2007 for Contract Award SW Dayton Phase 1A Contract 2 Improvements, Engineer Hanson reported, with the low bidder S. R. Weidema, Inc., adding on to County Road #81, but not reconstructing, next spring/early summer. Council presented the Final Assessment Roll for the SW Dayton Phase 1A projects at the October 9, 2007 Public Hearing. The Final Assessment Roll was adopted on October 11, 2007. The construction costs for this improvement have been included in the SW Dayton Phase 1A Final Assessment Roll and are included in the construction bond sale for 2007.

Engineer Hanson relayed that the next step is for the Council to award the contract for SW Dayton Phase 1A Contract 2 Improvements Project and Staff is recommending awarding it to S. R. Weidema, Inc. in the amount of $1,691,909.62 for the Total Base Bid without Alternate No. 1 – overlay, instead of sealcoat. If overlay is desired later, there could be a change order, he responded.

MOTION: Motion made by Forseth, seconded by Hoke, to approve the Contract Award for the SW Dayton Phase 1A, Contract 2, CSAH #81 and Holly Lane/113^th Avenue Intersection Improvements to low bidder S.R. Weidema, Inc., as presented, in the amount of $1,691,909.62 for the Total Base Bid, without Alternate No. 1.

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

MOTION DECLARED PASSED.

ITEM K – RESOLUTIONS #61 & #62-2007: PARKING RESTRICTIONS – HOLLY LANE/

113^TH AVENUE, S.W. DAYTON PHASE 1, CONTRACT 2, CSAH #81 INTERSECTION IMPROVEMENTS S.R.#166 -2007

Engineer Hanson reported that State Aid Funds are being allocated for the construction of SW Dayton Phase 1A, Contract 2 CSAH #81 and 113th Ave/Holly Lane Intersection, but do not provide for parking on both sides of the street. The State Aid funding requires a No Parking Resolution be passed for any route that does not provide parking, so the next step Staff is recommending is for the Council to accept the Resolution Relating to Parking Restrictions, as part of SW Dayton Phase 1A, Contract 2 Project. It was clarified that parking was banned totally on both sides.

MOTION: Motion made by Forseth, seconded by McNeil, to waive the reading and adopt Resolution #61-2007, as presented, relating to Parking Restrictions S.A.P. #229-108-001 from CSAH #81 to Territorial Road in the City of Dayton.

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

MOTION DECLARED PASSED.

MOTION: Motion made by McNeil, seconded by Forseth, to waive the reading and adopt Resolution #62-2007, as presented, relating to Parking Restrictions S.A.P. #229-111-001 from CSAH #81 to Lawndale Lane in the City of Dayton.

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

MOTION DECLARED PASSED.

ITEM L – CHANGE ORDER NO. 2 WICHT INDUSTRIAL PARK / S.W. DAYTON PHASE 1A, CONTRACT 1 S.R.#167-2007

Engineer Hanson reported that Staff has been meeting with the Maple Grove engineering department to address storm water drainage from the Wicht Industrial Park onto Maple Grove parcels. He explained that Dayton’s contribution for the construction would involve the north/south portion of the storm sewer on the west side of Holly Lane. Dayton Staff provided the easement description drawings for the property in Maple Grove. Maple Grove’s contribution for the construction would involve the east/west portion of storm sewer to Rush Creek. Maple Grove has also agreed to obtain the easement needed to install the storm sewer to Rush Creek.

The Dayton Council approved Change Order No. 1 to S. R. Weidema, Inc. in September. Change Order No. 2 will increase the project cost by $24,476.11 - or about $12,000 for each City, as Maple Grove has agreed to share the cost of this improvement, if directed by the Council. Staff asked how the Council wants them to proceed. Staff is recommending the Council consider Change Order No. 2, direct Staff to finalize with S. R. Weidema, Inc. and the City of Maple Grove.

MOTION: Motion made by Hoke, seconded by Forseth, to approve the Change Order No. 2 for SW Dayton Contract 1 for S. R. Weidema, Inc., as presented, for an approximate addition of $24,476.11 to the Contract, and direct Staff to finalize with Weidema and the City of Maple Grove.

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

MOTION DECLARED PASSED.

ITEM M – APPROVE PLANS / SPECIFICATIONS FOR PUMPHOUSE NO. 2, N.E. DAYTON AREA 1-6 S.R.#168-2007

Engineer Hanson reported that the drilling of Well No. 2 and the Pumping Facility were split into two different projects, with the well drilling started and continuing throughout the winter. He noted a couple additions since their conceptual review. The updated plans and specifications have been completed and are ready for bidding, after being authorized at the May 8, 2006 Public Hearing. The Council awarded NE Dayton Contract 4, Well No. 2 to Traut Well, Inc. in April of 2007. The engineer’s estimate for this construction is $560,000. The cost of this improvement is allocated for in the City’s 2007 bond sale. If approved, Staff recommended the bid date for the project be November 28, 2007 at 10:00 am.

Council member Hoke pointed out that the Council members’ names needed updating on the first document.

MOTION: Motion made by Forseth, seconded by McNeil, to approve the Plans/Specifications for bidding the Well No. 2 Pumping Facility, as presented, and the bid date for the project as November 28, 2007 at 10:00 a.m.

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

MOTION DECLARED PASSED.

ITEM N – DISCUSSION REGARDING RENTAL PROPERTY & RENTAL PROPERTY MAINTENANCE ORDINANCES S.R.#169-2007

In September of 2006, the Public Safety Commission recommended looking into Rental Property and its Maintenance Ordinances and the Council directed them to come up with a draft ordinance. The Commission has researched other cities ordinances regarding these items, and they are recommending putting the ordinance before the Council now, in place as a proactive measure to remove problem landlords and tenants, with the help of Assistant City Attorney Scott Landsman. The ordinance is split into two sections, one covering just rental property and the rules pertaining to such and the other covering rental property maintenance requirements.

The Public Safety Commission, upon review, recommended the maintenance section be very clear that it pertains exclusively to rental property, changing the wording wherever needed to ensure clarity, and that in that section on page 3, Subd. 5c and d definitely should be included. It was relayed that the City may incur added expense for a code official to do the needed inspections, which could be covered by license and other fees set by the Council. Public Safety Commission recommends the City Council consider adopting the draft ordinance regarding Rental Property and Rental Property Maintenance the City of Dayton

Public Safety member Tina Johnson was present to explain the draft ordinances, noting Public Safety liaison Forseth’s knowledge, as well. It was mentioned that Ms. Johnson has expertise in this field, and she suggested the City be ahead of the game by reviewing this now. Administrator Orduno suggested the Planning Commission review and comment on the information.

The Council discussed concerns of older buildings being able to come into compliance, and the allowance of having some time to do so, or possibly being grandfathered in. It was mentioned that to be approved as a rental property by the City, per license and for recordkeeping, new buildings would have to comply, though, noting safety issues and that the State Code covers many of the items. The Council agreed clarification was needed to make both ordinances consistent and exclusive to rental property. Assistant to the Administrator Stwora informed that the item could be on the agenda for the December 6^th Planning Commission meeting at 7:00 p.m.

MOTION: Motion made by McNeil, seconded by Forseth, to send the Rental Property and Rental Property Maintenance Ordinances to Planning Commission for their review and comments.

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

MOTION DECLARED PASSED.

REPORT OF OFFICERS

CITY ADMINISTRATOR

Administrator Orduno mentioned the handout details regarding the NW Hennepin County Sub-Area Transportation Study Joint Meeting with Rogers and Hassan on Thursday, October 25^th.

Next, she asked for dates in January or February for the City holiday party/employee appreciation dinner and Council/Staff Strategic Planning Session. Mayor Anderson suggested emailing the Council with possible date options, and they would email her back with their recommendations.

When asked for an update on Driveway Replacement Refunds, it was relayed that the Payment of Claims included 11 of them, so far.

Lastly, she informed that the Class 5 should be laid on French Lake Road in Champlin within a week, hopefully, so the road should soon be opened.

CITY CLERK

Clerk Borders reported that she has received four more special assessment payoffs for NE Dayton Area Project, since October 1^st, about $1,600,000 so far, not including King Solutions.

She then noted her School District Election handout, noting the Tuesday, November 6^th date.

POLICE CHIEF

Chief Pietrzak invited the Council to the Emergency Management Tabletop Exercise sponsored by Hennepin County, Corcoran, Rogers and Dayton next Tuesday, October 30^th from 6:30 – 9:30 p.m.

ASSISTANT TO ADMINISTRATOR

Assistant to the Administrator Stwora mentioned that at the last Comprehensive Plan Task Force/City Council Meeting there was discussion of a short meeting to update the Council on what transpired at the October 16^th Public Meeting. Because of the Council members’ schedules, it was recommended if take place after Thanksgiving, since there were only about 10 comments. The Council suggested Staff email them with these possible dates, as well.

CITY ENGINEER

Engineer Hanson reported on the meeting with six residents south of South Diamond Lake Road, opposite Teakwood Lane, earlier in the day about drainage concerns, somewhat independent of the NE Dayton Project. There are some concerns regarding a culvert or two that has been put in, though. He relayed that the two property owners most downstream have just heard about the culvert under Teakwood that would impact them, so they will discuss it with neighbors and respond to Staff.

ADJOURNMENT

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

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

MOTION DECLARED PASSED.