City Council Minutes from September 25, 2007

MOTION: Motion made by Councilmember Forseth, seconded by Councilmember McNeil to approve the Consent Agenda of September 25, 2007.

Ayes: Council Members Anderson, Forseth, Hoke, and McNeil. Nays: none. Mayor Anderson abstained. MOTION DECLARED PASSED.

OPEN FORUM

John Fredericksen, Assistant Superintendent, with Independent School District No. 279, addressed the Council to discuss the upcoming November 6, 2007, Referendum and outlined a PowerPoint Presentation that included the purpose, mission, costs, and results for this Referendum. Mr. Fredericksen added that their website had additional information regarding other household dollar amounts for those interested in other levy amounts.

Council, along with a representative from the “Vote Yes for Osseo”, discussed the information provided this evening. Councilmember Forseth suggested that the presentation to residents might be a better pitch if they informed that the current levy amount is the cost to the households. Councilmember McNeil suggested that the two important aspects included when pitching to the residents should be the current dollar amounts to households and that the District is trying to avoid cuts.

COUNCIL BUSINESS

ITEM J CONSIDERATION OF DRIVEWAY REPLACEMENT/REIMBURSEMENT POLICY NE DAYTON AREAS 1-6 S.R. #138-2007

City Engineer Mark Hanson discussed that since the September 11, 2007, meeting, three options had been prepared with regards to the request to reimburse property owners the cost for driveway replacement/upgrade. The three options before the Council this evening are as follows:

No reimbursement.
Reimburse property owners; however limit reimbursement to a minimal amount for each project based on the bids received. For example, in the case of the NE Dayton Area 1-6 Project, a minimum reimbursement for bituminous driveway could be $400 and a concrete driveway could be $600.
Reimburse property owner the actual cost based on unit price bid, driveway type, and quantity.

In the event the Council elects to reimburse the property owner, staff’s recommending a payment be made to the property owner and not change the assessment. It is also being recommended that the payment be made after the driveway replacement is completed in a timely manner.

Council and staff discussed the concept of a policy and the idea of an agreement. City Engineer Hanson informed that he would like to have the City Attorney review an agreement if one is implemented.

Gary Berndt, 11121 134^th Avenue North, addressed the Council to inform that he believes the residents should have a choice in what to do with their driveways.

City Attorney George Hoff arrived at 7:42 p.m.

Linda Flykt, 12161 Noon Drive, addressed the Council to inform there was one additional resident that would like to be included with this decision and expressed she hopes that if this policy is put in place that it would be available for all residents included in this project. Consensus was that the policy would be in place for all residents included in this Project.

A resident on Stone Ridge Road addressed the Council to inquire if she would be reimbursed since she had already replaced her driveway with cement and previously had a bituminous driveway. Consensus was that she would need to provide proof that the work had been done and that she would be included with the reimbursement policy; however, she would be reimbursed for a bituminous driveway reimbursement.

There was consensus of the Council that there would need to be some administrative structures worked out if something was adopted this evening. City Administrator Samantha Orduno informed that the Council can waive language in order to deal with this policy change.

MOTION: Motion made by Councilmember Hoke, seconded by Councilmember McNeil to move forward with option two, reimbursements to property owners with a limit of $450 for pavement and $600 for concrete driveways. Homeowners would need to sign an agreement and the reimbursement checks would be issued after the work had been done and approved. This work would need to be done by September 1, 2008.

Ayes: Mayor Anderson and Council Members Anderson, Forseth, Hoke, and McNeil. Nays: none.

MOTION DECLARED PASSED.

Councilmember Hoke raised the question if aggregate driveways would be included with this policy and if a motion should be made to clarify this decision.

MOTION: Motion made by Councilmember Hoke, seconded by Councilmember Forseth to not include those residents with aggregate driveways with this new policy.

Ayes: Mayor Anderson and Council Members Anderson, Forseth, Hoke, and McNeil. Nays: none.

MOTION DECLARED PASSED.

ITEM K RESOLUTION #54-2007 PRELIMINARY PLAT FOR MADSEN’S MANOR S.R .#139-2007

Assistant to the Administrator Erin Stwora discussed that the applicant for Madsen’s Manor is ready to execute an agreement if the Council approves the resolution this evening.

MOTION: Motion made by Councilmember Forseth, seconded by Councilmember McNeil to adopt Resolution Granting Preliminary Plat Approval for Madsen’s Manor.

Ayes: Mayor Anderson and Council Members Anderson, Forseth, Hoke, and McNeil. Nays: none.

MOTION DECLARED PASSED.

ITEM L RESOLUTION #57-2007 – GRANTING CONDITIONAL USE PREMIT FOR METRO APPLIANCE RECYCLING S.R. #140-2007

Assistant to the Administrator Stwora discussed the background of request from Jason Warehime of Metro Appliance and informed that the Planning Commission approved the Conditional Use Permit at its September 6, 2007, meeting with a 5/0 vote.

Councilmember Forseth questioned if PCB’s and other hazardous materials would be handled in appropriate manners. Mr. Warehime discussed that they will be watching for PCB’s and that mercury is another thing they will watch for closely. Mr. Warehime also informed that they do have four separate machines for Freon.

MOTION: Motion made by Councilmember Forseth, seconded by Councilmember McNeil to adopt Resolution Granting a Conditional Use Permit for 17170 113^th Avenue North.

Ayes: Mayor Anderson and Council Members Anderson, Forseth, Hoke, and McNeil. Nays: none.

MOTION DECLARED PASSED.

ITEM M COUNCIL CONSIDERATION OF NEXT STEPS FOR THE WEST FRENCH LAKE UTILITY IMPROVEMENTS PROJECT S.R. #141-2007

City Engineer Hanson discussed staff is recommending that the Council review the proposed next steps for West French Lake Utility Improvements based on recent meetings with Dayton Park Properties and Ca ABC VA LLC before a feasibility report is prepared. There was an informational meeting on June 26, 2007, and nine property owners attended. All nine property owners were in favor to move forward with the project; however, the two largest properties within the project, Dayton Park Properties and Car ABC VA LLC, were not represented at the informational meeting. Since the informational meeting, staff has met with both large properties and Dayton Park Properties did not say either way if they would be interested. Car ABC VA LLC indicated they had a desire to move forward because their existing use would benefit from sanitary sewer and water improvements. If Dayton Park Properties does not want to be included, Part 3 of the project could be deleted and a new alignment for sewer/water not impacting Dayton Park Properties would be presented.

Council and staff discussed the project costs, the benefits of the project, and environmental issues.

Two individuals from the audience expressed their concerns regarding the risks and economic value to the trailer park.

MOTION: Motion made by Councilmember Hoke, seconded by Councilmember Forseth to move forward with a feasibility report when the cost (estimated at $3,500) was placed in an escrow account.

Ayes: Mayor Anderson and Council Members Anderson, Forseth, Hoke, and McNeil. Nays: none.

MOTION DECLARED PASSED.

ITEM N RESOLUTION 58-2007 PRESENT PROJECT COST, ASSESSMENT ROLL, & SCHEDULE ASSESSMENT HEARING FOR WICHT INDUSTRIAL PARK/SW DAYTON PHASE 1A UTILITY/ROAD IMPROVEMENTS S.R. #142-2007

City Engineer Hanson discussed the updates to the project relating to County Road 81 traffic signals and assessment increases and informed that a resolution is offered this evening for Council approval to set a hearing on October 9, 2007.

MOTION: Motion made by Councilmember Forseth, seconded by Councilmember McNeil to adopt Resolution Setting Hearing on Assessments for the Wicht Industrial Park/SW Dayton Phase 1A Utility/Road Improvements Project.

Ayes: Mayor Anderson and Council Members Anderson, Forseth, Hoke, and McNeil. Nays: none.

MOTION DECLARED PASSED.

ITEM O RESOLUTION 59-2007 AGENCY AGREEMENT NO. 91790 SO. DIAMOND LAKE ROAD TRAIL IMPROVEMENT S.R. #148-2007

City Engineer Hanson discussed the agreement that would allow the Minnesota Department of Transportation (Mn/DOT) to act as the City of Dayton’s agent in accepting Federal Aid. City Attorney Hoff stated that he would like to review this agreement further.

MOTION: Motion made by Councilmember Forseth, seconded by Councilmember Hoke to adopt Resolution Approving Agency Agreement No. 91790 So. Diamond Lake Road Trail Agreement, subject to City Attorney review.

Ayes: Mayor Anderson and Council Members Anderson, Forseth, Hoke, and McNeil. Nays: none.

MOTION DECLARED PASSED.

ITEM P CONSIDERATION OF CHANGE ORDER NO. 2 NE DAYTON CONTRACT 1, LATOUR CONSTRUCTION, INC. S.R. #149-2007

City Engineer Hanson discussed that the Madsen’s Manor and two City services had been added to the project.

MOTION: Motion made by Councilmember McNeil, seconded by Councilmember Hoke to approve Change Order No. 2 for NE Dayton Contract 1, LaTour Construction, Inc.

Ayes: Mayor Anderson and Council Members Anderson, Forseth, Hoke, and McNeil. Nays: none.

MOTION DECLARED PASSED.

ITEM Q REVIEW NOTICE TO PROPERTIES ON HEMLOCK LANE/134^TH AVENUE NORTH AND SOUTH OF SO. DIAMOND LAKE ROAD IN NE DAYTON AREA 1-6 PROJECT S.R. #150-2007

City Engineer Hanson discussed that staff is recommending the Council approve a notice to properties on Hemlock Lane/134^th Avenue North and South of South Diamond Lake Road in NE Dayton Area 1-6 Project.

Councilmember Hoke suggested that the notice be clear to indicate this would be for a public hearing and is preliminary.

MOTION: Motion made by Councilmember Forseth, seconded by Councilmember McNeil to move forward with a public hearing notice for properties on Hemlock Lane/134^th Avenue North and South of South Diamond Lake Road in NE Dayton Area 1-6 Project.

Ayes: Mayor Anderson and Council Members Anderson, Forseth, Hoke, and McNeil. Nays: none.

MOTION DECLARED PASSED.

REPORT OF OFFICERS

COUNCIL UPDATES

Councilmember McNeil informed there will be a Dayton Heritage follow-up meeting to discuss how the event went and that the date will be e-mailed once it is determined.

Councilmember Hoke suggested that an item be brought to the Park Commission for them to review improvements to ramps in the parks.

CITY ADMINISTRATOR

City Administrator Orduno informed that the joint meeting scheduled on October 2, 2007, had been canceled and that when a new date is finalized she will provide that information.

Assistant to the Administrator Stwora discussed that postcards were mailed to notify residents that the meeting for the Comprehensive Plan Study had been rescheduled to October 16, 2007.

CITY ENGINEER

City Engineer Hanson informed that the NE Project was approximately 50 percent complete as of September 19, 2007; and that North Diamond Lake Road will be closed for approximately four weeks starting on October 2, 2007. Discussion took place on the best route to direct the detour and consensus was that traffic should be detoured to Brockton Avenue.

ADJOURNMENT

City Attorney Hoff discussed that the Council will be meeting in a Closed Session and that there would be no reason to recess the Regular meeting.

MOTION: Motion made by Councilmember Forseth, seconded by McNeil to adjourn the Regular Meeting to a Closed Session at 8:36 p.m.

Ayes: Mayor Anderson and Council Members Anderson, Forseth, Hoke, and McNeil. Nays: none.

MOTION DECLARED PASSED.

APPROVED:___October 9, 2007____________ ATTEST:____________________________