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MOTION: Motion made by Forseth, seconded by McNeil, to approve the Consent Agenda of April 10, 2007, as amended.

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

MOTION DECLARED PASSED.

OPEN FORUM

Cyril and Catherine Kobbermann, 12020 Noon Drive, informed that they had been gone from their residence since November, and did not know the Senior Deferment had come due March 22^nd, as it was not on their notice. They requested an extension so they could receive one. The Council discussed prior notifications and the timing extension, the debt structure, and precedence concerns. Attorney Hoff confirmed that he did not have a problem with making changes before the adoption of the Assessment Resolution, and Financial Advisor Bruce Kimmel relayed that the bond numbers would not change, just the Tax Impact Analysis.

MOTION: Motion made by Forseth, seconded by McNeil, to allow this deferment as the last one prior to the bond sale.

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

MOTION DECLARED PASSED.

Brenda Schwartz and her husband, 13000 Oakview Lane, mentioned an on-going nuisance problem in their neighborhood that has not been resolved, regarding a neighbor’s shed that is rented. They explained that loud noises, multiple vehicles possibly including a business, and safety concerns for their children are issues. Staff reported on their involvement in investigating the Sandbulte property, reporting that at that time all vehicles were in the owner’s name. Chief Pietrzak informed he would personally check into the problem and report back to the Schwartz’s. A formal complaint was received earlier that day, it was noted.

PRESENTATIONS:

Jonathan Vlaming from Three Rivers Park District – Regional Park Corridors

Representatives from Three Rivers Park District, SRF Consulting, and Board of Commissioner Marilynn Corcoran, were in attendance to report on the two new regional trail master plans – the Elm Creek Regional Trail from the Coon Rapids Dam to Elm Creek Park Reserve, to continue on to Crow Hassan Park Reserve, similar to the existing trail; and the Crow River Regional Trail proposed to go from the Crow/Mississippi Rivers following the Crow through Dayton and Hassan into Lake Rebecca Park Reserve and on to Norwood/Young America. The master planning process, task force, study and preferred alignments, input, and the next steps were reviewed. The preferred Elm Creek Regional Trail which follows the southern corridor alternative and was recommended, and the reasons why was explained. A Community Open House at the Rogers Activity Center will take place Tuesday, April 24^th. Lastly, the Crow River Regional Trail concerns of floodplain issues and whether it would extend to downtown Dayton was mentioned. They noted the possibility of running along County Road #12 once reconstructed to the north side of Elm Creek Park Reserve. The Council relayed their support and they and Dayton residents were in invited to the Crow River Regional Trail Open House on May 2^nd at the Hanover City Hall from 5:00 to 7:00 p.m. and the Crow Hassan Park Reserve Master Plan Open House at the Elm Creek Chalet, Tuesday, May 8th.

COUNCIL BUSINESS

ITEM F – RESOLUTION #19-2007 – PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $24,340,000 GENERAL OBILIGATION IMPROVEMENT BONDS, SERIES 2007A

Last May the Council approved the NE Dayton Improvement Project and ordered plans and specifications, and on March 22, 2007, conducted the required Assessment Hearing. Last June they ordered the sale of the first set of Improvement Bonds for the NE project to fund design and engineering work for the Project, and now the sale of the second round of Improvement Bonds to pay for the total project costs for NE Dayton and the remaining costs associated with the SW Improvement Project (Wicht) needs to be arranged. A resolution needs to be approved to set the sale for the remaining bonded amount for the two projects, and the revised Resolution #19-2007 with the amount of $24,340,000 and Exhibit A was passed out.

Financial Advisor Bruce Kimmel, from Springsted, came forward to review the changes, his memo dated April 5^th, regarding NE Dayton and Wicht Projects – Debt Service Levy Requirements, and the $24,340,000 General Obligation Improvement Bonds, Series 2007A Issue Summary that was revised. He reviewed Springsted’s Recommendations in the packet, dated April 6^th, highlighting a number of items for the Council. Noting Page 3, 11(c) Bona Fide Debt Service Fund, he wanted on record that a policy be put in place, so the Wicht portion investments are appropriate, not earning materially more than the bond yield. He mentioned the Premium Bid possibility, explaining that any extra premium would be used to reduce the size of the bond. Kimmel reviewed the 100% assessment of the Wicht Industrial Park Project inclusion in the bond, explaining the process that will be taken to do that and the City’s investment needs and policy to maintain the process in the future for Wicht, and most importantly the NE Dayton portion. He mentioned that if planning is done well for this, no future rate hikes would be needed. Lastly, Kimmel reported that the Impacts were lower than presented in February.

MOTION: Motion made by Forseth, seconded by McNeil, to waive the reading and adopt Resolution #19-2007, approving the financial recommendations regarding the 2007 G.O. Bond Sale for the N.E. Dayton Improvement Project; and to continue using Springsted for the disclosure and/or arbitrage rebate requirements relating to the $24,340,000 bond issue.

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

MOTION DECLARED PASSED.

ITEM G -- RESOLUTION #16-2007 – FINAL ASSESSMENT ROLL FOR N.E. DAYTON SEWER/WATER/STREET IMPROVEMENTS CONSIDERATION

Engineer Hanson reviewed that the Assessment Hearing for NE Dayton Area 1-6 was held and closed on March 22^nd by the City Council, with the next step being the adoption of the Final Assessment Roll. He passed out a revised Assessment Roll Summary – NE Dayton Areas 1-6 Utility & Street Improvements, and a Summary – Final Assessment Roll – NE Dayton Street & Utility Areas 1-6, dated April 10^th. It listed the decreased assessment by $416,028 for a total of $14,725,569 and he explained the adjustments, including 1.0 LE Credits, CSAH 12/Larch Lane reduced Street Assessment, and Senior/Disability Deferrals, noting the 30 appeals. Staff recommended the Council adopt this as the Final Assessment Roll. The appeal process has reviewed by Attorney Hoff for the Council.

MOTION: Motion made by Forseth, seconded by McNeil, to waive the reading and adopt Resolution #16-2007, adopting the final assessment roll, as presented.

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

MOTION DECLARED PASSED.

ITEM H – RESOLUTION #17-2007 – MEMORANDUM OF AGREEMENT (MOA) WITH HASSAN TOWNSHIP & CITY OF ROGERS REGARDING TRANSPORTATION STUDY CONSIDERATION

Administrator Orduno reviewed that in November the Cities of Dayton and Rogers and Hassan Township agreed to complete Phase I of the Northwest Hennepin County Sub-Area Transportation Study for the I-94 corridor from CSAH 30 in Maple Grove through TH 101 in Rogers, to secure funds for construction at Brockton Lane. With a development proposal in Hassan Township, the agencies have moved forward to expedite the funding, with the developer/Beard Group paying a share of Phase II and most of Phase III costs.

The total cost of Phase II is proposed at $202,063 – with the developer contributing $73,265 and Dayton’s portion $42,932.66. As with Phase I, it is proposed the City’s share be paid from the Economic Development Fund, leaving a balance of $82,000 after this payment. Staff recommended approval.

A major step has been the partnership for special TIF legislation, introduced for adoption in the 2007 legislative session. Administrator Orduno informed that the bill should be before a TIF sub-committee, and relayed the Council would be contacted once known. The Council suggested the sub-committee be lobbied, and Orduno updated the Council on the conversations she had with representatives of the Legislature.

Attorney Hoff suggested revisions to the SRF Consulting Group Contract, he recommended approval be made contingent on the Beard Group to pay their share. He informed there will, in addition to the $202,063.00, be reimbursable expenses billed at actual costs. He recommended adding a condition that the agreement is subject to the City executing either an addendum also splitting those costs or that the Beard Group picks up those costs, under the second full paragraph in paragraph 2 of the SRF Agreement. The Council noted concerns of getting their monies worth, and it was relayed Staff would be involved to keep an eye on it.

MOTION: Motion made by McNeil, seconded by Forseth, to waive the reading and adopt Resolution #17-2007, approving the Memorandum Of Agreement between the Cities of Dayton and Rogers and Hassan Township for Phase II of the NW Hennepin County Sub-Area Transportation Study, per Attorney Hoff’s recommendation; and authorizing the Mayor to Execute the Agreement.

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

MOTION DECLARED PASSED.

RESOLUTION #18-2007 –EXPENDITURE OF FUNDS FROM THE ECONOMIC DEVELOPMENT FUND FOR PHASE 2, SUB-AREA TRANSPORTATION STUDY CONSIDERATION

The Council had questions regarding the Economic Development Fund itself, and Staff responded that it was formed at the time of the Industrial Park – I.C.A. Corporation, a diminishing fund to go towards transportation needs in the area, including an interchange.

MOTION: Motion made by Forseth , seconded by McNeil, to waive the reading and adopt Resolution #18-2007, authorizing an expenditure of $42,933 from the Economic Development Fund for the City of Dayton’s portion of the Phase II Study Costs, as presented.

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

MOTION DECLARED PASSED.

APPROVAL OF ENGINEERING SERVICES BETWEEN CITY OF DAYTON & SRF CONSULTING GROUP, INC. FOR ENGINEERING WORK FOR THE PHASE II TRANSPORTATION STUDY CONSIDERATION

Attorney Hoff suggested making the approval of the SRF Consulting engineering services, contingent on the City’s entering into an acceptable agreement with the Beard Group, for condition #1 of the motion, condition #2 on the insurance a condition would be that the limits of the insurance will be equal to or exceed the tort liability limits in affect under Minnesota Statutes Chapter 466 and other applicable State Law.

MOTION: Motion made by McNeil, seconded by K. Anderson, to approve the Engineering Services Agreement between the City of Dayton and SRF Consulting Group, Inc. for engineering work for the Phase II Transportation Study, with the inclusion of Attorney Hoff’s recommendations.

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

MOTION DECLARED PASSED.

ITEM I – RESOLUTION #15-2007: GRANTING EXTENSION OF I.U.P. FOR ROBERT BOGGS PROPERTY

Planner Stwora reviewed that the Council approved an Interim Use Permit (IUP) for Robert and Janene Boggs in September 2005, allowing them to add 12,320 sq. ft. to their existing detached accessory building at 11321 East French Lake Road. The IUP gave the Boggs 18 months to construct the building. They intend to begin construction this year, which requires them to get an extension, and Staff is recommending an 18-month extension.

Planner Stwora noted the correction needed to Item 11 of the resolution, the end of the first sentence stating “without City approval”. Attorney Hoff corrected that Item 1 under Resolution should change “waved” to “waived”.

MOTION: Motion made by Forseth, seconded by McNeil, to waive the reading and adopt Resolution #15-2007, granting an I.U.P. extension to Robert and Janene Boggs.

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

MOTION DECLARED PASSED.

ITEM J – ORDINANCE #2007-03 & ORDINANCE #2007-04 SUMMARY: SITE RUNOFF CONTROL & STORM WATER ILLICIT DISCHARGE AND ILLICIT CONNECTION ORDINANCE

Planner Stwora provided the Construction Site Runoff Control and Storm Water Illicit Discharge and Illicit Connection Ordinance, required as part of the City’s MS4 permit issued by the Minnesota Pollution Control Agency (MPCA). The Planning Commission reviewed the information in 2005, but it was never forwarded to the Council for final approval. The Planning Commission reviewed them again in March, forwarding them to the Council at this time.

MOTION: Motion made by Hoke, seconded by McNeil, to waive the reading and adopt Ordinance #2007-03, approving the Construction Site Runoff Control and Storm Water Illicit Discharge and Illicit Connection Ordinance, as presented.

MOTION: Motion made by Hoke, seconded by McNeil, to waive the reading and adopt Ordinance #2007-04 Summary, authorizing the publication of the Summary for the Construction Site Runoff Control and Storm Water Illicit Discharge and Illicit Connection Ordinance, as presented.

ITEM K – ORDINANCE #2007-02 & ORDINANCE #2007-05 SUMMARY: AMENDING THE DAYTON CITY CODE BY REPEALING SECTION 800 IN ITS ENTIRETY AND ADOPTING THE PUBLIC PEACE AND SAFETY ORDINANCE, SECTION 800

Planner Stwora provided the Council with the DRAFT Public Peace and Safety Ordinance, which would replace the Nuisance Ordinance. The Planning and Public Safety Commissions reviewed it and their comments were included as attachments to the Ordinance. Staff recommended its adoption.

MOTION: Motion made by Forseth, seconded by Hoke, to waive the reading and adopt Ordinance #2007-02, for the sake of discussion, approving the Public Peace and Safety Ordinance.

The Council then discussed concerns of the ordinance being too broad, the possibility of exempting agricultural properties from some items, redundancy issues, and the being at the discretion of the Police Department or Building Officials. Attorney Hoff explained the nuisance enforcement tools, targeting some specific behavior. Planner Stwora explained that the Council can remove items they do not want to enforce, noting the items would be dealt with on a complaint basis only, because of the City’s small staff, and Administrator Orduno explained the purpose of compliance for public welfare.

The Council then reviewed the Public Safety Comments attached to the Ordinance, noting they do not wanting redundancy. With regards to the recycling section, there was CONSENSUS to remove/repeal the old Recycling Ordinance, if the City has one. Council member K. Anderson suggested it was broad to cover all the bases, and he agreed with the discretionary and common sense element of the ordinance, dealing with issues as needed.

Mayor Anderson mentioned his concerns, and the Council commented. Page 13, 4B - Garbage Container Placement, suggesting side and front of garage is still seeing them, so there was CONSENSUS to remove. Page 15 (6) - Compost Location, he questioned the need for specifying distance from property line, if the compost is enclosed in a container, but the Council recommended leaving it in. Page 18 (2) – Hourly restrictions were discussed, but decided as should remain as is. Council member Hoke noted that the Public Safety Commission recommended the hours in (1) of that page match the hours in the ATV Ordinance, which was agreed. Page 41, 818.01 - Public Consumption of Alcoholic Beverages, Mayor Anderson questioned how Heritage Day would be affected, and it was suggested adding “without special permit”. Attorney Hoff asked if the exclusion of parks was intentional, and the Council suggested adding that. It was recommended the National Night Out Party be approved by a blanket permit.

Council member Hoke noted the Public Safety Commission’s Comments next. Page 23, B (1) – Fireworks, suggesting adding “except by permit”, but Attorney Hoff noted the inclusion in (A). Page 31 regarding the Curfew Section, questioning if the wording is the same as Hennepin County, if it is needed, and it was suggested including it in ours, since theirs could change. Page 43 (2)(A) – the Commissions recommendation to add “City, State, or County park, within the confines of Dayton” , and the Council suggested adding it after “street address”. Hoke asked Attorney Hoff if this ordinance would sufficiently cover enforcement, procedure, process, and consequence, which he informed his office reviewed. It was suggested Staff take the information back to make changes.

SUBSTITUTE MOTION: Motion made by Hoke, seconded by McNeil, to TABLE Ordinance #2007-02, the Public Peace and Safety Ordinance, until the next Council Meeting.

Council member McNeil provided the Council with documentation on Balanced Growth Implementation -- 1000 Friends of Minnesota Project – March 2007, from the Community Growth Institute. He explained the possibility of receiving a grant from the McKnight Foundation for a test program to review of ordinances regarding Smart Growth, similar to what Hanover is doing. He informed that the filing deadline is April 27^th, and that their representatives could come to the April 24^th Council Meeting. The Council and Staff had reservations on whether it had to do with low-income housing, if the City has enough going on currently with the Comprehensive Plan Review and Growth Ordinance, creating more work for Staff. McNeil explained that before rapid growth takes place in Dayton, he wants ordinances reviewed, suggesting this would provide help without City costs. The Council suggested Planner Stwora call and check into it more, and if it is not something the City already has, or what they would want, set something up for the next Council Meeting.

Chief Pietrzak reported that Chris McGill had passed the psych test which would allow him to move forward in the process, and also that there were additional Police Reserves that would be working.

Chief Nordmeyer reported that the new grass rig had arrived, and he updated on the process of the body of their new utility truck, expected to be completed and delivered around June 1st.

Planner Stwora mentioned the Joint Meeting with the Council and Comprehensive Plan Task Force at the Senior Center, Thursday, April 19^th, updating them on the process. She also reported on the

MPCA representative who has had discussions with herself and Council member McNeil about extra money in their budget to assist a city with a low impact development ordinance. She explained how it could be beneficial and included in the Zoning Ordinance. There was CONSENSUS by the Council to have Stwora get some quotes, as a start of a mass Zoning Ordinance update, as it was a stated goal of theirs.

Administrator Orduno reported that Clean up Day/City’s Plant and Tree Sale would be held Saturday from 9:00 – 2:00 p.m., May 5^th and she requested the Council let Staff know if they will attend.

Engineer Hanson updated the Council on the N.E. Dayton Utility Easement process.