PRESENT: Mayor Doug Anderson; and Council members Phil Forseth, Scott Hoke, J. Kevin Anderson, and Tim McNeil

ABSENT: none

ALSO PRESENT: Administrator Samantha Orduno, Assistant to the Administrator Erin Stwora, Public Works Superintendent Rick Hass, Police Chief Richard Pietrzak, City Engineer Mark Hanson, City Attorney George Hoff, and City Clerk/minute-taker Sandra Borders

CALL TO ORDER – 7:00 p.m.

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

MOTION: Motion made by Forseth , seconded by Hoke, to approve the Agenda of the November 27, 2007, Regular Council Meeting.

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

MOTION DECLARED PASSED.

CONSENT AGENDA:

A. Approval of Council Meeting minutes of November 13, 2007

B. Payment of Claims – November 27, 2007

C. Fire Department Meeting Minutes of October 18, 2007

D. Authorization of additional signers at the bank: S. Orduno & R. Hill

S.R.#179-2007

E. Resolution #73-2007: 2007 Minor Budget Amendment S.R.#180-2007

F. Resolution #71-2007: Special Assessments for Past Due Escrow

S.R.#181-2007

MOTION: Motion made by Forseth , seconded by K. Anderson, to approve the Consent Agenda of November 27, 2007.

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

MOTION DECLARED PASSED.

PRESENTATION

JOHN HOFFMAN FROM ANOKA-HENNEPIN SCHOOL DISTRICT REGARDING REFERENDUM

Mr. Hoffman informed that the voters voted for two of the four levy elections. The Anoka-Hennepin School District was looking at a $47 million dollar cut. The first levy was to renew the 2002 levy and that passed by 68%. The second levy/question came about because the district needs a 4 -4.5 % increase each year to maintain the District. Without the levy they would have needed to close 8 schools and lay off 500 teachers. The transportation levy lost by 1%, Mr. Hoffman relayed, and the technology bond was also defeated.

PUBLIC HEARINGS

ITEM G – ASSESSMENT HEARING FOR PAST DUE SEWER & WATER UTILITY

BILLS

RESOLUTION #72-2007: CERTIFICATION OF PAST DUE UTILITIES

TO PROPERTY TAXES FOR TAXES PAYABLE IN 2007 S.R.#182-2007

Staff is recommending the Council approve Resolution #72-2007, assessing the unpaid utilities to the appropriate properties that are past due more than 90 days. The resolution would assess the past due amount at the interest rate of 10% and add an administrative fee of $50.00 per parcel. If the past due amounts are paid prior to November 27th they would be excluded from the assessment amount, Clerk Borders report informed.

The updated Resolution #72-2007 was passed out, deleting those who had paid off their sewer and water utility amount due since the previous week. The resolution total was in the amount of $2018.61. Mayor Anderson opened the Public Hearing, but no one came forward, so he closed the Public Hearing.

MOTION: Motion made by Hoke, seconded by Forseth, waive the reading and adopt Resolution #72-2007, as presented, assessing unpaid sewer and water utilities to the property taxes, payable in the Year 2008.

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

MOTION DECLARED PASSED.

ITEM H – LOT 1, BLOCK 4, DAYTON INDUSTRIAL PARK (MILLER AUTO)

ADMINISTRATIVE SUBDIVISION & VARIANCE S.R.#183-2007

RESOLUTION #70-2007: MILLER ADMINISTRATIVE SUBDIVISION

Assistant to the Administrator Stwora reported that as a part of the SW Dayton Street and Utility Project, the City is making application for an administrative subdivision of one lot into two lots and a variance for decreased lot size of the resulting lot. Staff recommends approval of the administrative subdivision and variance to accommodate the Holly Lane extension and permanent drainage and utility easements, as the project construction has been approved by the Council and is currently underway.

Mayor Anderson opened the Public Hearing and no one came forward, so he closed the Public Hearing.

MOTION: Motion made by Forseth , seconded by McNeil, to waive the reading and adopt Resolution #70-2007, as presented, approving the Administrative Subdivision of one lot into two lots and a variance for lot size, to accommodate the Holly Lane extension and permanent drainage and utility easements, as part of the SW Dayton Improvement Project.

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

MOTION DECLARED PASSED.

OPEN FORUM

Carolyn Maki, Area 2 of the NE Sewer/Water Project and at 11631-136^th Avenue N., was present. She came forward to relay that her street was lowered and the driveway was cut back 20 feet. She suggested there should have been a broader range of pricing for the driveway replacement. The driveway has blacktop and will need to be replaced with concrete in the spring. There were two trees in the yard, not in the right-of-way and she informed she would like to keep the trees, if possible. She also suggested a landscaping allowance like there was for the driveways. Engineer Hanson reported that the restoration was built into the contracts. He informed that the curb needs to be back-filled to the yard and catch basins were put in for drainage, and he mentioned that they are looking at the possibilities that are available. She suggested protecting the trees with either the slope or a retaining wall.

COUNCIL BUSINESS

ITEM I – CROW RIVER BLUFFS OF DAYTON ITEMS FOR CONSIDERATION

S.R.#184-2007

ORDINANCE #2007-23: REZONING FOR CROW RIVER BLUFFS

RESOLUTION #68-2007: PRELIMINARY PLAT & P.U.D. FOR CROW

RIVER BLUFFS

RESOLUTION #74-2007: EASEMENT VACATION

Assistant to the Administrator Stwora reported that Jeff Richter, representing Platinum Development Group, LLC, has submitted an application for a Preliminary Plat, Planned Unit Development (PUD) and rezoning consisting of 19 single family lots, 46 units of row homes, and four outlots on approximately 25 acres. The property currently is zoned A-1, Agricultural, and contains an existing homestead and barn, located in the northwest corner of the City, east of the Crow River and west of Brockton Lane (CSAH #13). Development representative, Steve Boynton, was present to answer questions.

It was reviewed that at the August 2nd meeting, the Planning Commission reviewed the applications of Platinum Development for Preliminary Plat/Preliminary PUD of Crow River Bluffs of Dayton, with the change, among other items, to 44 units of row homes. They voted to deny the Preliminary Plat/PUD and approve the rezoning and easement vacation, with a 5-0 vote.

The Council has reviewed several Concept Plans, and the Preliminary Plat at their August 14th meeting, where they requested the developer make some changes and present it to the Planning Commission again, which was done November 1^st. They reviewed the revised applications and held an additional Public Hearing. The developer explained why it was not financially feasible to include twin homes in the place of the town homes and there was additional discussion about the density of the project. The Commission asked that six additional guest parking stalls be included in the plans and voted to approve the Preliminary Plat and Planned Unit Development with a 3-2 vote. Assistant to the Administrator Stwora reported that the development stage PUD, rezoning, preliminary site plan, and easement vacation applications meet Ordinance requirements, subject to the conditions listed in the planning and engineering reports.

Council member McNeil stated that he thinks the project is premature and had some questions regarding low impact development because of the Crow River. Mr. Boynton responded that there is quite a lot of open space on the project. McNeil suggested it was uncharacteristic of a neighborhood to have million dollar homes mixed with town homes and mentioned concerns about the right-of-way along CSAH #13. Hennepin County has responded regarding that, it was relayed. He suggested additional right-of-way for a four-lane road according to the City’s Comprehensive Plan, mentioning the Growth Ordinance and that the development would use up 25% of the growth for Dayton. There was discussion regarding the points that could be given for development. There was clarification regarding the comment about trucking out the snow in the development.

There were questions/comments regarding the proposed park being too small, there not being enough parking, and the hill side being too steep for any usage. A conservation easement was mentioned for the plat and would need to be included in the documents. Mr. Boynton explained that they are trying to create a neighborhood that would accommodate single-family and multi-family homes. Council member Anderson informed that he liked the looks of the development and Council member Forseth mentioned the lot sizes were smaller then first proposed and the twin homes are no longer available, but are replaced with town homes. Attorney Hoff explained that the Council needed to take action, because of time limits as outlined by State Statue.

MOTION: Motion made by Forseth , seconded by K. Anderson, to waive the reading and adopt Ordinance #2007-23, as presented, rezoning the Crow River Bluffs property from A-1, Agricultural, to PUD, Planned Unit Development, with underlying zoning of R-1S, Residential, and R-6, Residential.

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

MOTION DECLARED PASSED.

Attorney Hoff recommended changing Paragraph 10 on page 6 to read: “Developer shall submit homeowner’s association documents and declarations, including conservation easements over natural areas, subject to the review and approval of the City Attorney”.

MOTION: Motion made by Hoke, seconded by Forseth, to waive the reading and adopt Resolution #68-2007, with a change on page 4 of deleting Paragraph I regarding the septic systems and the change of Paragraph 10, per the City Attorney, granting Preliminary Plat approval and Preliminary Development Plan approval for Crow River Bluffs, contingent upon all escrows being paid in full before filing of documents.

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

MOTION DECLARED PASSED.

MOTION: Motion made by Forseth, seconded by Hoke, waive the reading and adopt

Resolution #74-2007, as presented, vacating drainage and utility easements existing within Lots 1 & 2, Block 1, Hunter’s Run, according to the recorded plat.

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

MOTION DECLARED PASSED.

ITEM J – PUBLIC HEARING & RESOLUTION #69-2007: C.U.P. FOR SEGUE CAFÉ – JANE LUNDQUIST S.R.#185-2007

Assistant to the Administrator Stwora reported that Jane Lundquist of Segue Café has submitted an application for a Conditional Use Permit (CUP) for about 900 square foot in a single bay of a strip retail center zoned R-B, Retail Business, which requires a CUP under the R-B, Retail Business, land use. She desires to run a coffee shop at 19010 County Road 81. Segue Café is a nonprofit coffee shop which focuses on reaching out to the community it serves, providing a friendly atmosphere for people to come and relax. They have worked with persons in the Dayton Mobile Home Park and help teens get their GED’s, deal with family problems, and help people get the services needed.

At their November 1st meeting, the Planning Commission unanimously voted to approve the C.U.P. The parking need for a 900 square foot restaurant is 12 stalls, so Staff recommends the applicant provides an affidavit and site drawing stating exclusive use of 12 parking stalls for the coffee shop. A couple other minor stipulations were recommended.

Mayor Anderson opened the Public Hearing, but no one came forward, so he closed the Public Hearing.

MOTION: Motion made by Forseth , seconded by K. Anderson, waive the reading and adopt Resolution #69-2007, as presented, granting a Conditional Use Permit to allow a coffee shop to operate in the R-B, Retail Business District, located at 19010 County Road #81.

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

MOTION DECLARED PASSED.

ITEM K – PRESENT FEASIBILITY REPORT FOR WEST FRENCH LAKE

UTILITY IMPROVEMENTS S.R.#186-2007

Engineer Hanson reviewed that the Feasibility Report for the West French Lake Utility Improvements is the result of a Concept Report presented to the Council at their May 8th meeting and the subsequent informational meetings held with the property owners on June 26^th, when 9 of the 23 property owners of the area attended. Individual meetings were held with Dayton Park Properties and Auction Broadcasting Company, LLC (ABC). This area is identified as Phase 1B and Phase 3A/3B in the SW Dayton Phasing Plan and the project would be assessed to the benefiting properties and financed by the City through bonding, if the project moves forward.

On September 25^th the Council directed Staff to prepare the Feasibility Report, including Parts 1-4 similar to the Concept Report. The next step if Council wishes, is to advance the project and schedule the pubic hearing. If they desire an additional informational meeting, one could be scheduled in December before the hearing. Staff recommended the Council review the Draft Feasibility Report for West French Lake Utility Improvements, providing comment, and scheduling the Public Hearing for January 22, 2008, if they desire to move forward with the project. Engineer Hanson presented a power point presentation. The total cost is $6,075,100 and the proposed has per area charge for the utilities, he relayed. It was suggested the notice needs to have the maximum scope and cost so that the most people would turn out for the Public Hearing.

MOTION: Motion made by Hoke, seconded by McNeil, to approve the Draft Feasibility Report and advancement of the West French Lake Utility Improvements Project, scheduling a Public Hearing for January 22, 2008.

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

MOTION DECLARED PASSED.

ITEM L – ORDINANCE #2007-22: REPEAL SECTION 402 OF THE DAYTON

CITY CODE – WELLS S.R.#187-2007

Assistant to the Administrator Stwora informed that a letter was received by the Minnesota Department of Health on November 6^th, stating changes to Minnesota State Statutes regarding local regulation of wells. Minnesota Statutes, Section 1031.111 prohibits local regulation of wells and preempts local regulation of the construction, repair, or sealing of wells or elevator shafts unless the commissioner delegates authority. This law has been in effect since July 1, 1989, so since this Chapter of the code is no longer relevant and the Minnesota Department of Health is requesting it be repealed, Staff recommended the same.

MOTION: Motion made by Forseth , seconded by McNeil, to waive the reading and adopt Ordinance #2007-22, as presented, amending the Dayton City Code by Repealing Section 402, regarding Water Wells, in its entirety.

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

MOTION DECLARED PASSED.

ITEM M – UPDATE DONAHUE DELLS POND STORM WATER OUTLET PIPE

S.R.#188-2007

Engineer Hanson reviewed that the Council, in approving Change Order No. 2 for Contract 1 NE Dayton Area 1 & 2, deleted the storm water lift station intended to serve and pump storm water north from Donahue Dells Pond to the ponding area located north of Hayden Hills Golf Course. They directed Staff to request a permanent easement over the temporary dewatering pipe in Elm Creek Park from Three Rivers Park District (TRPD) to dewater NE Dayton Area 1 Contract 1 to construct a gravity storm sewer pipe to serve as the storm water outlet from Donahue Dells Pond to an existing drainage ditch discharging directly to Goose Lake in Elm Creek Park Reserve. Hanson presented a PowerPoint presentation and reported that TRPD considered Dayton’s request and denied it at their October 4^th meeting.

The gravity storm water outlet pipe to Goose Lake is more efficient and less costly, it was reviewed at the July 24^th meeting, however, as part of Contract 1, three important improvements were constructed to improve the storm water outlet from the Donahue Dells Pond, and they were mentioned. The Council can consider in the future further improving the storm water overflow from Donahue Dells Pond when either French Lake Road is upgraded by Hennepin County or the property south of French Lake Road develops between Deerwood Lane and the Champlin/Dayton border abutting Elm Creek Park Reserve, it was relayed by Engineer Hanson. No action was necessary, he informed.

ITEM N – ASSESSMENT AGREEMENT WITH GOLD NUGGET S.R.#189-2007

Administrator Orduno reviewed that as part of the NE Dayton Utility Improvement Project, the property owned by Gold Nugget Development was included in the overall project with the agreement that the assessment on that property would be paid in full, rather than over the established period of time for residential properties. The amount of the assessment was not part of the project bonding. Gold Nugget’s representative, Horst Grazer, also stated the firm would fund the assessments for all properties in the defined Area 6 of the NE Project, who did not participate in the project and also the difference between the full assessment and the lot equivalent assessment for those properties participating in the lot equivalent program.

Administrator Orduno noted that the total amount of the assessment was a little over $1.3 million. She relayed that Gold Nugget Development has requested that approval of the Assessment Agreement be made with an effective date of November 14th, because of financing, which was not a concern. Orduno noted for the record that the item 2 on page 2, the amount of $913,479 should be changed to $912,000 and the amount of $340,000 should be $341,379, consistent with the approved assessment roll.

MOTION: Motion made by Forseth , seconded by McNeil, to approve the Assessment Agreement with Gold Nugget Development, Inc.

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

MOTION DECLARED PASSED.

REPORT OF OFFICERS

MAYOR UPDATE

Mayor Anderson updated the Council on the Conference that he attended in New Orleans. He also mentioned the ground breaking at King Solutions earlier in the day.

COUNCIL UPDATE

Council member K. Anderson mentioned the meeting at P & F Machining about the utility project. Planner Stwora mentioned that she has met with some of the property owners in the Industrial Park to discuss options with their properties. Administrator Orduno suggested the Council keep in mind the differences between the rural and urban sections, and that the City needs to consider the urban sections of the roads.

CITY ADMINISTRATOR

Administrator Orduno mentioned the motor cross and demolition derby in the City of Ramsey. The Ramsey neighborhoods are concerned about the noise and the dust control in the City. Also mentioned as reminders were the Comprehensive Plan meeting on Thursday, November 29; the Truth in Taxation meeting on December 3^rd; and the December 10^th Transportation Open House.

POLICE CHIEF

Chief Pietrzak reported that a hunter passed away in the woods at Sundance Golf & Bowl and informed there was an accident at Pineview Lane and County Road #12 – one car ran the stop sign.

CITY ENGINEER

Engineer Hanson reported that the Dayton water tower would be painted in the spring. The construction on it has been completed for this year, he informed.

ADJOURNMENT

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

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

MOTION DECLARED PASSED.

APPROVED:____December 11, 2007_____ ATTEST: ________________________