Present

MOTION: Motion made by McNeil, seconded by K. Anderson, to approve the Consent Agenda of April 24, 2007.

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

MOTION DECLARED PASSED.

OPEN FORUM

No one was present for Open Forum.

COUNCIL BUSINESS

ITEM L – AWARD OF N.E. DAYTON AREA 1-6 CONTRACTS CONSIDERATION

Engineer Hanson reported that the Council at the April 10^th meeting adopted the Final Assessment Roll and set the bond sale for the NE Dayton Area 1-6 Projects for May 8th. The next step is for the Council to award the contracts. He passed out revised Resolutions for each contract approval.

1) RESOLUTION #23-2007 – AWARD CONTRACT 1, N.E. DAYTON AREAS 1 & 2

S.R.#49-2007

Engineer Hanson reviewed that bids were received in December for Contract 1 Areas 1 & 2 NE Dayton Area 1-6 Projects, with the low bidder LaTour Construction, Inc., in the amount of $6,951,753.26. He mentioned that in developing the project cost the Council directed Staff to include Alternate 5 Donahue Dells Pond Grading, but Alternates 1-4, which included rain gardens, were not.

MOTION: Motion made by Forseth, seconded by McNeil, to waive the reading and adopt Resolution #23-2007, as revised, awarding the contract for Contract 1, NE Dayton Areas 1 & 2 for the NE Dayton Area 1-6 Projects, to LaTour Construction, Inc., in the amount of $6,951,753.26, including Alternate No. 5 Donahue Dells Pond Grading.

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

MOTION DECLARED PASSED.

2) RESOLUTION #24-2007 – AWARD CONTRACT 2, N.E. DAYTON AREAS 3, 4 & 6

S.R.#50-2007

Engineer Hanson reviewed that bids were received in December for Contract 2 Areas 3, 4 & 6 for the NE Dayton Area 1-6 Projects, with the low bidder S. R. Weidema, Inc., with a contract award amount at $5,790,597.52.

MOTION: Motion made by Hoke, seconded by McNeil, to waive the reading and adopt Resolution #24-2007, as revised, awarding the contract for Contract 2, NE Dayton Areas 3, 4 & 6 for the NE Dayton Area 1-6 Projects, to S.R. Weidema, Inc. in the amount of $5,790,597.52.

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

MOTION DECLARED PASSED.

3) RESOLUTION #25-2007 – AWARD CONTRACT 3, N.E. DAYTON AREA 5

S.R.#51-2007

Engineer Hanson reviewed that bids were received in December for Contract 3, Area 5, for the NE Dayton Area 1-6 Projects, with the low bidder Kuechle Underground, Inc., in the amount of $3,456,876.57.

MOTION: Motion made by Hoke, seconded by McNeil, to waive the reading and adopt Resolution #25-2007, as revised, awarding the contract for Contract 3, NE Dayton Area 5 for the NE Dayton Area 1-6 Projects, to Kuechle Underground, Inc. in the amount of $3,456,876.57.

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

MOTION DECLARED PASSED.

4) RESOLUTION #26-2007 – AWARD CONTRACT 4, N.E. DAYTON WELL NO. 2

S.R.#52-2007

Engineer Hanson reviewed that bids were received in December for Contract 4 Well No 2 (located on North Diamond Lake Road) NE Dayton Area 1-6 Projects, with the low bidder Mark J. Traut Wells, Inc., in the amount of $160,535.00.

MOTION: Motion made by Hoke, seconded by Forseth, to waive the reading and adopt Resolution #26-2007, as revised, awarding the contract for Contract 4, NE Dayton Well No. 2 for the NE Dayton Area 1-6 Projects, to Mark J. Traut Wells, Inc. in the amount of $160,535.00.

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

MOTION DECLARED PASSED.

5) RESOLUTION #27-2007 – AWARD CONTRACT 5, N.E. DAYTON WATER TOWER

S.R.#53-2007

Engineer Hanson reviewed that bids were received in December for Contract 5 Water Tower (on Pineview Lane) NE Dayton Area 1-6 Projects, with the low bidder Landmark Structures I, L.P. at $1,260,000.00.

MOTION: Motion made by Hoke, seconded by McNeil, to waive the reading and adopt Resolution #27-2007, as revised, awarding the contract for Contract 5, NE Dayton Water Tower for the NE Dayton Area 1-6 Projects, to Landmark Structures I, L.P. in the amount of $1,260,000.00.

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

MOTION DECLARED PASSED.

ITEM K – RESOLUTION #21-2007 – FINAL SITE & BUILDING PLAN REVIEW CONSIDERATION FOR KING SOLUTIONS – LOTS 4&5, BLOCK 2, WICHT INDUSTRIAL PARK S.R.#48-2007

Planner Stwora reported that King Solutions has submitted an application for final site and building plan review of a distribution center on Lots 4 and 5, Block 2, Wicht Industrial Park, to include a 117,177 SF warehouse and 21,118 SF two-story office area, with a future warehouse expansion area of 46,877 SF. The property lies north of the new Holly Lane alignment and south of the new rail spur being constructed as part of the SW improvements. The proposal consists of two lots, on about 20 acres, with a lot combination necessary as part of the development approval process.

The underlying primary Zoning District I-3 (General Industrial) provides for the location of activities being requested, and this development meets the minimum lot size of 5 acres, the maximum allowed impervious surface coverage, and parking and building setback requirements, for that District. The current zoning map indicates the area as a PUD (Planned Unit Development) District, which allows for additional design guidelines/standards regarding Landscaping, Screening/Buffering, Screening of Trash Areas, Signage, Lighting, and Outdoor Storage.

The Planning Commission reviewed the application in April, recommending approval, subject to a number of recommendations, including the reduction in size of the employee parking lot. The revised plan reduces the number of parking stalls from 208 to 157, adding additional green space. Planner Stwora mentioned the critical issues of Exterior Building Material Requirements and Outside Storage, consistent with PUD standards and the concern of glass displaying racking inside the warehouse along Holly Lane. She suggested it was sufficient as planned, as they are fulfilling the intent, and it was agreed. It was noted that the building would be timed well the City utilities coming into that area.

The Council had questions and Staff commented about bike paths, number of employees, trail accessibility, trailer storage, product line, and rail use. Freeway access was mentioned, and the representative relayed that they are in favor of a Brockton Interchange at I-94.

MOTION: Motion made by Forseth, seconded by McNeil, to waive the reading and adopt Resolution #21-2007, as presented, approving the Final Site & Building Plan for King Solutions on Lots 4 & 5, Block 2, Wicht Industrial Park.

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

MOTION DECLARED PASSED.

ITEM M – SELECTION OF PROGRESSIVE CONSULTING ENGINEERS, INC. (PCE) CONSIDERATION TO CONDUCT THE COMPREHENSIVE WATER/SEWER RATE STUDY S.R.#54-2007

Administrator Orduno reported that the NE and SW Utility Improvement Projects will result in over 600 properties having City utility services available. That expansion requires a water/sewer rate study to determine cost/allocation of services across all service areas, with updated rates to reflect operations, maintenance, capital improvements for the entire utility system and forecast planning to prepare for future development. This study was mentioned since the NE Dayton project discussions began and viewed by the Council as a final step. Without it, the City could not accurately determine fair and equitable rates, conduct capital expansion projections, establish uniformity of rates or determine true operational and maintenance costs for a new system.

Interviews were conducted in April by Council members Forseth and McNeil, Clerk Borders and herself, with two firms of the four, Progressive Consulting Engineers, Inc (PCE) and Advanced Engineering & Environmental Services (AE2S) interviewed a second time. Proposals ran from $29,960 to $80,993, and as cost was a factor, but not the only factor, PCE’s forecast spreadsheet offered the most comprehensive approach at $29,960. That cost would not include direct expenses such as mileage, printing, or courier, which could be an additional $2,000-5,000, but still well below the $80,000 budgeted. Additional Staff and Engineering costs were also mentioned by Administrator Orduno, which would come before the Council for approval, if so.

Council members Forseth and McNeil responded on his impressiveness with PCE’s Excel Program, noting AE2S’s possible use in the future. It was reported that the expense was budgeted under the Administrative Costs of the 2006 Bond Sale.

MOTION: Motion made by Forseth, seconded by McNeil, to approve the selection of PCE as the firm to conduct the Water/Sewer Rate Study and authorize the Mayor and City Administrator to execute the Contract Agreement, as presented, upon review and approval by the City Attorney.

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

MOTION DECLARED PASSED.

ITEM N – AGREEMENT WITH HENNEPIN COUNTY FOR ASSESSMENT SERVICES CONSIDERATION FOR YEARS 2008-2012 S.R.#55-2007

Administrator Orduno reported that the City of Dayton has contracted with the City of Champlin successfully for assessment services for the past several years, until the recent death of their assessor. As they do not intend to continue the assessing department, there was a need for Dayton to secure assessing services for 2008 and beyond.

As part of Dayton’s agreement with Champlin this year, Hennepin County Assessing Department staff have processed the 2007/pay 2008 property valuations and participated in the City’s Board of Review. The County has submitted a proposal to contract with Dayton for five years, beginning in 2008. Administrator Orduno reviewed the critical issues of securing services for the 2008 valuation process and cost/comprehensiveness of the process, relaying that Hennepin County’s proposal addresses both issues well. She informed that other contract options were possible, but would be substantially more, with the County’s contract for years 2008-2012 at $34,000 -- $2,650 less than Champlin’s for 2007. She explained that the amount could alter some dependant on new construction and new parcels for the current year’s assessment, and that cost could increase each year, incrementally.

Council member Forseth mentioned his concerns with the County in the past, so he suggested a shorter contract, and other Council members suggested including a clause for if it did not work out or checking into private firms. Attorney Hoff responded, and it was noted that as it had been three years with Champlin in the past, Staff could check with the County about negotiating to three years. Staff commented that Hennepin County has all the data accessible and that neighboring cities have gone with them.

MOTION: Motion made by Forseth, seconded by McNeil, to TABLE the Assessment Services Agreement with Hennepin County, to be renegotiated at three (3) years by Staff.

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

MOTION DECLARED PASSED.

ITEM O – ORDINANCE #2007-02 & ORDINANCE #2007-05: SUMMARY PUBLIC PEACE & SAFETY ORDINANCE S.R.#56-2007

Planner Stwora provided the revised Public Peace and Safety Ordinance, per the Council’s recommendations at their April 10^th meeting. The Planning and Public Safety Commissions reviewed it and their comments were attached, and could be added to the ordinance. Planner Stwora relayed that Staff decided to shorten the construction activity hours, but the Council had concerns and the possible negative affect for the sewer/water project construction and roofers who work until dark. Attorney Hoff mentioned the variance option that was included in the Ordinance, and the Council discussed that it be administrative, and at the discretion of the City Administrator.

Planner Stwora mentioned the responsibility of picking up after animals, which, since it did not fit this ordinance, suggested Public Safety discuss an animal ordinance, and it was agreed. Staff explained that amendments can be done to an ordinance at any time.

Council member McNeil mentioned his disagreement with including agricultural properties on some of the items, suggesting a condition be added so some items would not apply to those areas. Attorney Hoff responded, not suggesting subjectivity, but if desired changes for on-going farm operations, he made recommendations for doing so, but stated concerns of the merged/intersections of both areas.

Council member Anderson suggested there would be common sense and reasonability of those enforcing. The goals of the ordinance were reviewed, noting the complaint-based enforcement.

MOTION: Motion made by Hoke, seconded by Forseth, to waive the reading and adopt Ordinance #2007-02, as presented, approving the Public Peace & Safety Ordinance.

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

MOTION DECLARED PASSED.

MOTION: Motion made by Hoke, seconded by K. Anderson, to waive the reading and adopt Ordinance #2007-05 Summary, as presented, approving the publication of the Public Peace & Safety Ordinance Summary.

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

MOTION DECLARED PASSED.

ITEM P – REVIEW NEED FOR A CONCEPT TRANSPORTATION STUDY FOR N.E. DAYTON S.R.#57-2007

Engineer Hanson reported that the Gold Nugget, Inc. developers met with Staff and requested the City state their expectations from them to develop the Gold Nugget property, from a transportation perspective. There was reference to their responsibility for improvements and/or realignment of Dayton River Road and North Diamond Lake Road, possible area charges for transportation improvements similar to SW and NW Dayton, and whether it would be part of the approval process.

Staff asked if the Council desires a review of future transportation needs in NE Dayton to be appropriate, and if so, the specifics for a Concept Transportation Study will be reviewed with Gold Nugget, to determine scope, cost, schedule, and their cost responsibility to fund it. This information would be brought back before the Council to review and determine whether Staff should proceed.

Staff responded that Gold Nugget plans to be coming in to the City to start the development process in a few months. Mayor Anderson mentioned that the County expects developers to deal with the costs for transportation/road improvements themselves. The Council discussed their representatives stating there would not be prompt development of their property, and wondered about waiting to discuss issues until after their application is in. Planner Stwora explained that the developer would find it helpful to know the information now, so he knows how to work on other properties nearby. Council member Forseth clarified that the developer needs to know that the approval of sewer and water does not guaranty his development approval or rights. Engineer Hanson responded that the study could take two or three months. The issue of if or how the Comprehensive Plan Update results in a change of sewer phasing or density in that area could affect the study, was brought up. There was CONSENSUS to have Staff proceed.

REPORT OF OFFICERS

MAYOR UPDATES

Mayor Anderson updated the Council on his and Administrator Orduno’s meeting with Hennepin County Commissioner Penny Steele, Metropolitan Council Representative Roger Scherer, Hennepin County’s Jim Grube, and Engineer Hanson regarding transportation and that the County expects developments to pay for improvements. For CSAH#81, the County agreed to meet with Staff regarding additional assistance. The Council noted the need to still meet with Commissioner Steele. Regarding the TIF bill, he informed it was through the Senate, with the House not including it, so far, so strategies are being discussed, possibly waiting for inclusion with the Conference Committee.

COUNCIL UPDATES

Council member McNeil reported on the League of Cities Conference in Duluth, June 27-29, and that he was available to go. It was suggested the item be brought back to the Council with estimated costs. Council member Forseth updated the Council on Public Safety Commission discussions and reported that the Golfing for Kids Tournament is June 25th.

CITY CLERK

Clerk Borders reminded that the Dayton Cleanup Day/Tree Sale is Saturday, May 5^th, 9:00 a.m. to 2:00 p.m. and the City’s Volunteer Appreciation Luncheon is Wednesday, April 25th.

PUBLIC WORKS SUPERINTENDENT

Public Works Superintendent Rick Hass reported that he would begin the street sweeping the following day, and that weight limits would come off on Friday, April 27^th, except for South Diamond Lake Road and Pineview Lane.

CITY ADMINISTRATOR

Administrator Orduno updated that no applicants for the part-time Finance Director made it as far as the review process, for various reasons, so RFP’s would be going out again.

CITY PLANNER

Planner Stwora reported that the Building Permit Software is working well, and that the Council would be receiving monthly reports soon. She also mentioned that the Comprehensive Plan Neighborhood Meetings would start next week, and that about 10% of the surveys were already in.

CITY ENGINEER

N.E. UTILITY EASEMENT UPDATE

Engineer Hanson referred to the Contracts Award recommendation in Item L, and he passed out that NE Dayton Area 1-6 Utility & Street Improvements Permanent Easement/Land Acquisition map, and Temporary Easement – dated April 2007, and the Easement Tabulation – dated April 18, 2007, with total costs at $141,814.00. He relayed that he will now begin the meetings with property owners, now with the Contract Awards, coming back to the Council before finalizing any offers. Hanson responded that digging should start on the Project the middle of May, with the first neighborhood probably Contract 1 & 2, and the others in June, possibly. All contractors want to complete their projects this year, if possible, reported. Updates would be posted on the Website, it was relayed by Staff, and Bonestroo will have updates hung on the doors of the homes.

ADJOURNMENT

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

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

MOTION DECLARED PASSED.