Dayton City Council — Transcript
Tuesday, October 13, 2026
Consent Agenda Clarifications
Code Enforcement Process
Flock Camera Program Communication
Delinquent Utility Bills Public Hearing
Pay Claims Review
Personnel Policy Update
Council Member Appointment
Parks Facility Needs Analysis RFP
Interim Use Permit (IUP) for Eric Odgard
Dayton AutoCARE Rezoning and Site Plan Review
Forgent Power Headquarters Expansion (Multiple Approvals)
Sundance Greens Development Agreement
Utility Budget and Rates Review
Fire Department Duty Crew Expansion
Votes (14)
Clarifications on Consent Agenda Items
Dissent: None
Moved by Council Member [0:01:46] · Seconded by Council Member [0:01:50]
Council members sought clarity on various items from the consent agenda. Discussion centered on the interpretation of a '10% overage' rule for project changes, confirming it applies to both single line items and total project costs. Questions arose regarding the annual waiver of a liability limit (item 3F), with staff explaining it relates to purchasing additional coverage. Dollar amounts were requested for staff positions (3I, 3J) and clarification for a Development Agreement (3M) with differing figures, which staff committed to amending. The 50/50 interest split with a developer on an already-paid balance was questioned, with a consensus for avoiding such terms in future negotiations.
Staff Consultant Council Updates
Staff and Council members provided updates. Topics included early voting logistics, progress on park projects (LC Stevens boat ramp, Dayton Farms Park), street sweeping, and hydrant flushing. The Fire Chief updated on paid-on-call hiring applicants. The Police Chief reported average liability claims and plans for reduction through accreditation. The City Planner updated on the City Center Master Plan workshop, a need for Council volunteers for a master plan task force, and a ribbon-cutting for Gradian. A Council Member raised concerns about communication issues regarding the Flock camera program, noting delays in vendor notification. Another Council Member sought clarification on the process for residents reporting code violations, expressing concern about inundating staff and ensuring follow-up. A grant application opportunity for organic recycling from the MPCA was also highlighted.
Public Hearing: Assessing Unpaid Delinquent Utility Bills
Dissent: None
Moved by Council Member [0:31:59] · Seconded by Council Member [0:32:03]
The public hearing addressed the annual process of assessing unpaid utility bills to property taxes. Staff noted a rigorous effort to assist residents this year, resulting in fewer excessively high individual bills. They reiterated that payment plans (up to six months, no interest) and state grant programs are available for struggling residents, but once bills are assessed to taxes, the city can no longer intervene. Council expressed concern about the length of the list and some very low dollar amounts, confirming staff's extensive efforts to contact every delinquent account.
Pay Claims Review and Approval (8A)
Dissent: None
Moved by Council Member [0:43:08] · Seconded by Council Member [0:43:12]
Council reviewed the list of claims, questioning specific high costs. Concerns were raised about unusually high fuel/diesel expenses, which staff attributed to rising prices rather than increased usage. A coding error for a $282,000 right-of-way purchase (mistakenly labeled EDA) was clarified. Specific park maintenance costs (seesaw parts, amphitheater footings, playground clips) were detailed. A $23,000 charge for fire department hose, initially mislabeled as PD, was confirmed as planned equipment replacement. A council member inquired about tracking the financial performance of a city-owned rental property, ensuring it's not losing money after significant repairs. Staff confirmed positive balance for the year. A council member commended staff for improved detail in the claims report.
Consideration of Personnel Policy Update (8B)
Dissent: None
Moved by Council Member [0:46:27] · Seconded by Council Member [0:46:30]
The City Council considered an update to the personnel policy aimed at combining existing policies (communication, vehicle use) for simplification. Proposed changes included clarifying probationary periods for experienced hires and adding a dangerous weapons policy regarding conceal and carry. Staff also proposed adding language for Microsoft Teams status to ensure staff availability, which would be included in a later version of the policy.
Appoint Council Member (8C)
Dissent: Council Member Sarah voted 'No' to the appointment of Sean Luther.
Moved by Mayor [0:57:30] · Seconded by Council Member [0:57:33]
The Council deliberated on appointing a new member from eight candidates, after one withdrawal. Council Member Scott supported Sean Luther based on prior election performance (third place) and commission experience, comparing it to his own appointment history. Council Member Sarah presented a rubric-based analysis, with resident feedback heavily favoring Keith Grover, who was also a top choice in her internal ranking. Council Member David ranked candidates based on qualifications and answers, with Mark Triola as his top choice. The Mayor emphasized prior experience and running for election, supporting Sean Luther, noting a precedent of appointing third-place candidates. There was heated discussion regarding the weight of Facebook-driven resident feedback versus official election results and individual council member's assessment processes.
Parks RFP Review (8D)
Dissent: None, but prior strong opposition to Nexus was noted.
Moved by Council Member Sarah [1:01:45] · Seconded by Council Member [1:01:54]
The city received six RFP responses for a park facility needs analysis. Staff recommended HKGI (at $33,350) and Master Plan Nexus (offering a free proposal using AI). The Park Commission recommended HKGI. Council Member Sarah strongly opposed working with Master Plan Nexus due to ethical concerns about AI 'stealing' intellectual property and skepticism about the quality of AI-generated work. Other council members were open to HKGI, and the Mayor suggested accepting both as a baseline for comparison. Ultimately, the motion was to approve HKGI only, excluding the AI-based proposal.
Interim Use Permit (IUP) for Eric Odgard (8E)
Dissent: None
Moved by Council Member Scott [1:06:51] · Seconded by Council Member [1:07:05]
The Council reviewed an Interim Use Permit request for Eric Odgard's seasonal storage business on Vixsburg Lane. The previous 5-year IUP had expired without the city or owner realizing. The new request was for two existing and two proposed additional buildings. Key discussion points included the permit duration (applicant sought 20 years, planning commission recommended 10), the effectiveness of tree screening given an adjacent tree farm, and the business's remote location with no history of complaints. Council members generally supported the business as a way to keep large lots viable and address a community need for boat/RV storage, with a preference for a 15-year term and removal of the tree screening requirement.
Dayton AutoCARE Zoning Map and Site Plan Review (8F)
Dissent: None
Moved by Council Member Scott [1:04:47] · Seconded by Council Member [1:04:50]
The Council reviewed a request from Tom Lithgow of Dayton AutoCARE to rezone his property from B3 General Business to I1 Light Industrial and for site plan approval. The rezoning aligns with the 2040 comprehensive plan's industrial guidance and offers more favorable setback requirements for the proposed motor vehicle repair shop addition. Staff recommended approval, noting that no outdoor storage is proposed and the applicant will connect to city water immediately (but septic for sewer until a main is extended). The Planning Commission unanimously recommended approval. A council member expressed satisfaction with setback compliance.
Table Item 8G
Dissent: None
Moved by Council Member Scott [1:18:27] · Seconded by Council Member [1:18:31]
The applicant for item 8G requested to table it. The Council motioned to table the item to the next meeting on October 29th.
Sundance Greens Development Agreement (8H)
Dissent: None
Moved by Council Member Scott [1:21:40] · Seconded by Council Member [1:21:47]
The approval of the Development Agreement for Sundance Greens 12th Addition was presented, with remaining questions about utility credits now resolved. However, staff recommended either approving with conditions tied to a pending comprehensive plan amendment or tabling the item, as the comp plan amendment (changing land use to golf course) for this area is still awaiting Met Council review and City Council approval at a later meeting. The Council opted to table the item until the next meeting on October 29th, following the sequence of the comprehensive plan amendment.
Utility Budget and Utility Rates Review (8I)
Dissent: None
Moved by Council Member [1:29:41] · Seconded by Council Member [1:29:43]
Staff presented the water and sewer fund budgets, proposing a 4% increase for water rates and a 2% increase for sewer rates for the upcoming year. The increases aim to keep pace with inflation and cover personnel changes, including budgeting for a six-month overlap for a retiring staff member with significant institutional knowledge. Council members questioned if the proposed increases were sufficient given anticipated large capital projects and if current connection fees were adequate. Staff confirmed that the rates were calculated to cover costs while being fiscally responsible to residents, and that connection fees are adjusted annually based on CIP and growth projections.
Forgent Powers Headquarters Expansion (Multiple Approvals) (8J)
Dissent: None
Moved by Council Member [1:50:33] · Seconded by Council Member [1:51:24]
The Council reviewed multiple requests for Forgent Power's headquarters expansion, including rezoning, preliminary/final plat, a Conditional Use Permit (CUP) for a large building, and a variance for a 45-ft front setback. A major point of concern was the need for mobile crane crossings over Dayton Parkway to transfer e-houses. Staff and the applicant proposed a Hawk system (flashing lights), limited crossings (max two per day) during off-peak hours, and a 90-second crossing time to ensure safety. Council members questioned the variance given the building size, the specific off-peak hours, the weight of the transferred units, and the city's ability to adjust or revoke the permit in the future, particularly if traffic increases or the county takes over the road. The applicant stressed the crossing was essential for the project's viability. Ultimately, the council approved the requests with the understanding that permit hours would be defined by staff.
Fire Department Duty Crew Expansion (8K)
Dissent: Council members expressed strong opposition to immediate approval without further information.
The Fire Chief requested to expand the part-time duty crew from 8 to 10 members to address scheduling challenges due to a firefighter on leave for a full-time position elsewhere and another member with scheduling issues. The request aims to ensure sufficient coverage and allow for hiring three new part-time members. Council members expressed frustration at the late notice of the request and the lack of prior comprehensive reports on the duty crew model's performance since its implementation. They requested to table the item to allow for a better understanding of the program's progress and operational details before approving additional hiring.
Notable Quotes (37)
I don't know that it necessar needs to be clarified in the minutes themselves, but um it came back up because there's a question of the 10 what do we mean by 10% overage? And I think where I kind of landed was both of like both if a if a single line item changes by 10% or if the total changes by 10% it should come back. Not one or the other. if I if either of them that was kind of what was in my head but I don't think that was a formal motion at any point really I think it was just feed it was feedback right it was the feedback to staff what should you do and it was like well if anything changes more than 10% but I don't remember if that was actually formally in the motion
Uh, three I and J. There are no dollar amounts associated with those two improvements, I guess I'd call it. Now, I did get Jay sent to me earlier today or second I talked about that, but Paul didn't have any numbers associated with his.
The uh it also reads in there that the interest from that 1.875 will be split between DCM and the city...To me that seemed a little bit odd. Once it's paid, I don't see why it and it has been paid already. So, I don't see why we're splitting that interest.
Something that kind of bothered me a little bit recently, the uh handling of the flock situation. Um, I'll go through the whole spiel. Council voted to pause these this program on the 26th of of uh August. And from what I can see, flock was not notified until like the 17th or 18th of September. In the meantime, they put up cameras, which probably shouldn't have been put up, but uh in any rate, it caused a a big stir. Everything everybody in this building doesn't doesn't look good for this. And communication was really lacking in this deal.
Um, I had a resident reach out. Uh, she had a concern about someone possibly violating our codes. And in the past, I would have directed her to Hayden. Um, and knowing Hayden would get her to whoever whether either would handle it himself or direct to their proper person. And I realized I wasn't sure what to tell them. So, in this moment, if if a resident reaches out and says, 'I I have a concern about a code violation. Who should I direct them to?'
The MPCA is accepting grant applications for projects that will expand participation in Minnesota's organic recycling system. The six $6 million grant funded by the US EPA aims to reduce the amount of food and other organics going into landfills, which I know we're heading toward this year. Um, I won't read the whole thing, but the grants will fund programs focus on organics collection, organics recycling, outreach, and education. Minimum grant will be no less than 100,000, and the maximum individual grant will not exceed 1.5 million. um grant applications are due by November 25th.
We will not actually physically assess for about 30 days, but this public hearing has to go in front of the council to approve... We have numerous people come in the last absolute last day to pay. Are there um are there for someone who c who wants to pay but can't like they're they're having financial challenges? Yep. Are there grant programs that they could apply for that the city could direct them to for like assistance or support?
reach out and we're happy to help if we can. Um, again, the worst that you can hear is we can't do anything unfortunately and you got to pay your bill or it's going to go to your taxes. So, yeah, again, reach out if you have questions. We can do our best to provide resources. But once it's um referred to the the property taxes, it it doesn't work that way. Then that ship has sailed.
Yeah. I guess we go kind of go through this every year. And do we make an effort to contact some of these people? I mean, there's some really low dollar amounts in there also. Every one of them.
Uh it seemed Marty it unusually high for fuel and diesel. $9500 worth of gasoline. $4,500 worth of diesel. Yep. Why? Prices are just going up. We're not using any more than that. It's just the price of the the product coming in. Really grass is growing.
Um I had a question if we are tracking the spending that we're doing for that rental property. Um when we because when we approved it, the idea was we weren't doing this to make money as a city, but we also weren't going to lose money as a city. And I'm I just I'm assuming that's being tracked and okay, coores, the answer is yes. Um we did have the um renter prepay a large amount for the rest of the year. So um right now it looks like we're really high. Currently that'll obviously break out over time, but we are not making money on that process currently. We're also not supposed to be losing.
A lot of additional information was put in this time around like the electric like what the um the lights like where everything was going. It was just a lot clearer to see this was going here, this was going here, this was going here. So, I just wanted to say thank you. I appreciated that. Um, and it made it easier for me to to know where everything was going. So, I appreciate the additional information in that.
We have heard some feedback from our employees and staff that we are struggling to keep the policies in place when we have multiple policies that are being signed. So we just combined the communication policy, vehicle use policy into one policy so that they're only signing one of them.
One of them that did come up just today or say yesterday with Amy and I were talking, we would like to add some language that is not currently in this personal policy and not in the items that you see related to Microsoft Teams status. So, we are looking to add some language. Yes. So what that means is that currently employees can set their times to offline and then we don't know if they're available, unavailable and it doesn't help with communication amongst staff members. And so we are looking to have that added in the personal policy that you have to leave that as a open item so that we know if you're away, if you're in a in a meeting, if you're available, if we can communicate back and forth easier as we continue to move forward.
Some history on my choice is uh to fill this open seat. In 2020, I was a third choice in the election for a uh for the election that I lost and later appointed that same year. Um because I was a third choice with the residents in the election. Uh this combined with um the fact that I was on council for 4 years after or before this I believe is is uh the reasoning why I was appointed.
Um, and I came out with a a top four that were all very close together. Um, Keith Grover, Sean Heler, Rhonda Spa, and Mark Triola all um came out of that process very high and very close together. Um, and those four stood out to me. I would I would gladly work with any of those four. Um, my the one that did come out a little bit on top because of just the amount of feedback I got from residents was Keith Grover.
I mean I think I I the feedback I got was primarily from residents was primarily I mean almost overwhelmingly for Keith and the other comments that I did get were specifically not Shan Luther for and you don't think that was a You don't think that was a stage planned effort? Okay. But that's the point of campaigning, right?
I value the residents feedback but that was not an election. No. Right. It was posted on Facebook. We got a good response of of emails and you know in terms of that being the conclusion that doesn't do it for me. We have to I mean we have to dive deeper than that. That's one piece of the puzzle. Right.
I am fine with HKGI. I think they're doing exactly what we're looking for. I'm against helping any AI company um, steal the the intellectual property of other people um, and then pass it off as their own. And I would not want to be party to helping that in any way, shape, or form. So, I have no interest in working with them um in this whatsoever. So, I don't care if it's free. I I'm not not into stealing other people's intellectual property and pretending that it's going to somehow save us anything and then also get a shitty um AI slop turned back at us.
It was more or less a Okay, here's a process and if it's free, try it out and see what the you can kind of bounce the two off each other. You know what I mean? Again, that was the process behind it. It's financially zero dollars and it gets you a ballpark idea to make sure HKGI and out in left field or right field you're kind of got a I'm going to call it a baseline set I guess. I don't know exactly.
Um, the [snorts] applicant received an interim use permit for home business and home extended business in 2018. Um, that IEP had a 5-year expiration as do most IEPs for home extended businesses. Uh, the property owner did not realize that. The city did not follow up. Um, so that IEP expired in 2023.
Um cuz I know I did notice in the when I was looking at the the planning commission recommendations, right? One of the concerns is like is this setting a precedent for other? And I think for me, I'm okay with it for a couple of reasons. One, the remote location. It's not a through street. um they've had zero complaints and that to me makes a huge difference. It's also all internal. Like all of the story is just inside a structure and I think that to me like it's a neat tidy like it just looks very professional. It looks clean. There have never been any complaints. There's no tra you know there's no additional traffic. Um and everything is inside.
Well, I was going to say this is one of the ways we keep large lots alive because it wouldn't take much for this property owner to to, you know, when the developer comes knocking to say, 'Yeah.' Um, so if that's I mean, to me, that's our goal and that's one of the things that I think we should be doing is finding ways for these these people to keep their land, to keep them viable.
The request by the applicant is to reszone the property from B3 general business to I1 light industrial. The city has a high level of discretion in approving a reszoning. Uh the map on the screen is the current zoning map. The red is B3. The light blue is industrial or light industrial. And that purple with the dots is business park. Uh so you can see this is surrounded by business park uh general com or B3 and I1. Um something to consider with a resoning is conformity with the comprehensive plan. Uh this property is guided industrial in the 2040 comprehensive plan and so are the surrounding properties. Uh because this resoning request conforms with the um comprehensive plan staff does recommend approval of the request.
they will connect to city water immediately from what I understand. But they will not connect to city sewer because of the length of pipe is needed to get there. But they will be required to when it becomes available.
Isn't Isn't this going to be tabled? This is going to be tabled because of the compre comprehensive plan issue. So we'll yeah mayor and council. So we can um do two items based on the review from the city attorney. Um what I'm going to suggest is either um approve with conditions related on conditioning of the comp plan amendment. Um or you can table the item related to this. Um the reason for that is because this the comp plan amendment has not been yet approved and seen by the city council because it was noted during the planning commission meeting that it would come to the 29th of October meeting.
The only thing that I do want to make sure that we mentioned um for the water and the sewer fund, we are starting to allocate our staff where they're working at. So we before we used to allocate them to just all the departments because it was it was whoever can work on it great. Um we are now starting to have specialized staff in certain departments. So we are seeing more and more of those changes and shifts within um staff um who may not do um nearly anything within the public works department beyond water and sewer type work.
We have a retirement next year that we are planning on. The individual has a significant number of years of um service to the city of Dayton which we are going to greatly greatly miss. It is not Marty. [laughter] Um but that individual has been here a number of years or almost 30 I think pretty close. And so because of that we would like to hire somebody for a six-month time frame before overlapping so that when that person leaves with doesn't just walk out all the door with all the knowledge with all the knowledge.
On the flip side, I'm going to actually now with the mayor, if we know we have huge water projects coming, Yep. we don't necessarily want to go uh we don't want to have to hit them with a 15% rate increase from one year to the next when we could have done maybe a five like dialed, you know, boiled it slower instead of just turning the gas on all of a sudden one year. Is that kind of what you're thinking or?
The applicant is requesting a zoning map amendment from A1 agriculture to light industrial, a preliminary plat and approval of the final platin development agreement. Site plan approval, conditional use permit for a building larger than 300,000 square ft, and a variance to allow a 45- ft front building setback on the south where 57t 8 in is required.
The packet kind of portrays the the lot as the culprit for why we need this variance. Um my rebuttal to that would be um if the building was smaller, you wouldn't need the bu the variance. Correct. Uh that would be correct. If the building was smaller, it would uh impact our ability to operate uh in the way that we've uh optimized I'm a stickler for uh setbacks just they're there for a reason and uh I have a little bit of an issue with that.
Uh estimated weight of the crossing the uh the device that we haul with plus uh the the product itself would be around uh 25,000 30,000 lbs. It's a lot more than I thought it would be.
U if that crossing is not approved, there is no deal. And I don't mean to sound too blunt, but there is no deal. Uh forget it needs that crossing. Otherwise, basically every site in the community is if once these go onto a truck, they can bring bring them anywhere basically.
So, um I would also like to see the hours pinned down a little bit. Um is one thing for long-term. So, I'm thinking so where I grew up, I grew up by a train uh track. So, but trains went through at a set time. Like we you knew when the trains were going to come. Um, and so and the trains took a lot longer than 90 seconds. Um, that's for sure. So, you knew when those trains were coming and you planned your drive accordingly. If it gets to that point, would it be possible maybe not necessarily to do overnight, but at least have a like this is the time so people can potentially plan.
I'm in the process currently of putting together the first quarter of next year for the duty crew schedule and going through that process. Um we have one firefighter um that's on leave that's part-time. Um he was lucky enough to get a full-time position um with another organization um still wanting to maintain his position here as well. Um and then I received another phone call from another part-time member that's also um been an existing member of the organization for some time um saying that he has some scheduling issues as well.
Again, I have an issue with this, Gary. Um, we've had this duty crew thing going for four months now. In that time, we've got no no reports other than the report you just supplied me this morning. This thing was dropped on us this morning. Um, and [clears throat] I tend to disagree with it. It's kind of an ongoing process where all of a sudden surprises come up. I would like to see some sort of report other than uh and I did not look at the uh call back times that you sent me. Sure. I don't even know what's on that. I haven't even opened it yet. This packet today was massive and yesterday and today were the study days. Um I personally would would rather table this thing and get a better look at it.
I'm going to comment with Scott that re was really looking for and I think uh Chief Astrip told us a couple meetings ago that that we would see some kind of report on how things are progressing with the with the duty crew and you know that the information you sent this afternoon I did take a quick look at the at those graphs but it just feels like this is kind of routine business and we shouldn't it shouldn't come to this way. This is, you know, we're challenged uh lately, well, not just lately, for the last 5 years, um with getting through a large volume of information in a couple of days. And this one to me, I think I would like to see a presentation from you or someone in the department about how the whole duty crew model is going. We This was a big change for us operationally and uh I would like to have a better comfort level with how it's working.
Ordinances & Resolutions (21)
Consent agenda item concerning the timing of its addition to the agenda.
Consent agenda item concerning the waiver of a liability limit.
Consent agenda items for staff positions with initially unspecified dollar amounts.
Consent agenda item for a Development Agreement with conflicting dollar amounts.
Policy combining communication and vehicle use, clarifying probationary periods, and adding a dangerous weapons policy.
Request for Proposals to conduct an inventory of athletic fields and assess needs for community park/sports facilities.
Permit for Eric Odgard's home extended business for seasonal storage.
Request to change zoning for Dayton AutoCARE property from B3 General Business to I1 Light Industrial.
Review for Dayton AutoCARE's proposed addition and operations as a motor vehicle repair shop; also for Forgent Power expansion.
Approving the rezoning for the Forgent Power expansion project.
Granting approval of preliminary plat, site plan, conditional use permit, and variance for Forgent Power.
Approving the final plat and development agreement for Forgent Power.
Required for Forgent Power's building exceeding 300,000 square feet.
Requested by Forgent Power for a 45-ft front building setback where 57 ft 8 in is required.
Required for Forgent Power's mobile crane crossings over Dayton Parkway.
To be prepared by City Attorney for Forgent Power's Hawk system in public right-of-way.
For Forgent Power expansion and for Sundance Greens 12th Addition (tabled).
Pending Met Council review for Sundance Greens, changing land use from residential to golf course. Also mentioned in relation to Dayton AutoCARE.
Proposed addition to personnel policy to ensure employee availability visibility.
Review of water and sewer fund budgets.
Mentioned in relation to future utility costs and connection fees.