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HomeMy WebLinkAbout02.04.13 Council Minutes COUNCIL MINUTES REGULAR February 4, 2013 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OFALLEGLANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson, Bartholomay, Bonar, Donnelly, Fogarty Members Absent: None Also Present: Joel Jamnik, City Attorney;David McKnight, City Administrator; Robin Hanson, Finance Director;Randy Distad, Parks and Recreation Director;Kevin Schorzman, City Engineer;Brenda Wendlandt, Human Resources Director;Cynthia Muller, Executive Assistant Audience: Greg Miner 4. APPROVE AGENDA Mayor Larson asked to comment on 7b)Accept Donation 2012 Youth Scholarship Program from Rotary Club of Farmington, and 7e)Accept Donations Rambling River Center MOTION by Fogarty, second by Bartholomay to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Bartholomay to approve the Consent Agenda as follows: a) Approved Council Minutes(1/22/13 Regular) b) Adopted RESOLUTION R4-13 Accepting donation 2012 Youth Scholarship Program from Rotary Club of Farmington—Parks and Recreation Mayor Larson thanked the Rotary for their donations over the years. From 2006— 2012 they have donated $12,524 to the Parks and Recreation Scholarship program. c) Approved Agreement 2013 Inflow and Infiltration Grant-Engineering d) Adopted ORDINANCE 013-658 Criminal History Background Checks Amendment—Police Department e) Adopted RESOLUTION R5-13 Accepting Donations Rambling River Center— Parks and Recreation 5 Council Minutes(Regular) February 4,2013 Page 2 Mayor Larson thanked the VFW for donating$520 and Susan Reichert for donating$600 worth of puzzles to the Rambling River Center. fl Approved Revision of Business Development Grant Program-Planning g) Approved Position Reclassification Engineering—Human Resources h) Approved Position Reclassification Human Resources—Human Resources i) Approved Bills APIF,MOTION CARRIED. S. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Animals Within the City-Administration City staff received a request from several young residents regarding keeping chickens within the City limits. The individuals were in attendance to make their presentations to Council. City code regulates the keeping of animals, including chickens,within the City. Chickens are considered farm animals in the current code and are allowed only on parcels of land 2.5 acres or larger. This issue was also brought before Council in 2011. At that time, Council did not approve a revised ordinance. Ms.Annabelle Randow gave an example of baking a cake and discovering you are out of eggs. Your only option is to go to the store. You don't know how old the eggs are or if they have been chemically treated. This hassle could have been avoided if the chickens were in your own backyard. They would not be hormonally treated,the chickens are healthy, and the eggs taste considerably better. The people of Farmington will fight for the right to have chickens in their backyard. There are many myths surrounding chickens. Some people believe they are noisy,they attract pests and predators, and are smelly. All can be proven false. Hens are not noisy and do not squawk unless in danger. They only cluck softly all day long then go silent as night falls. This keeps them safe at night from predators. Chickens do not attract predators any more than a wandering cat or dog. Cats leave chickens alone and dogs are not known for attacking peaceful chickens. Chickens do not attract pests,and in fact, eat insects of all kinds including worms, grasshoppers, mosquitoes,ticks and larvae. They are even known for eating small mice. Chickens do not smell. They depend on the owner to give them the right food and to keep their coop clean, much like a cat box or rabbit hutch. If fed and cleaned properly, diseases like salmonella have less of a chance to start. The pros are that chickens can be assured of a place with more humane conditions. Chicken manure is a great fertilizer for the garden or it can be placed in a compost pile. Raising chickens is a great way to teach kids to be responsible and teaches them where food comes from. Neighbors would barely notice them and they are fun, friendly pets. We are changing the world one chicken at a time. 6 Council Minutes(Regular) February 4,2013 Page 3 Ms. Mya Tsukimo would like chickens in Farmington because she bakes a lot with her friend and eggs from home raised chickens are healthier. Factory raised hens have barely any room to exercise. They only have 67 square inches to live in their entire life. They only live about two years. A chicken raised in the backyard can live up to eight years. Home raised eggs are much healthier than those bought at the store because they are not hormonally treated. They give you more energy and taste better. You can see the difference because the yokes are a dark orange to golden yellow and the ones from the store are a pale yellow. Hens can lay eggs at a rate of one per day to one every few days. People who work at factory farms are breathing in toxic gases which can lead to major health problems. The spreading of diseases through hens and their eggs at home can be easily avoided by changing their coops regularly and changing their food and water every day. Hens like to take dirt baths which suffocates ticks and mites in their feathers. Backyard chickens will move Farmington forward. Mr. Stefan Randow stated Anoka, Bloomington, Burnsville,Duluth,Eagan, Fridley, Maplewood,Minneapolis,New Brighton,New Hope,Northfield, Oakdale, Ramsey, Rosemount, Roseville, St.Paul, Shoreview, and Stillwater are some of the cities in which chickens are allowed. This has been known as the urban chicken movement. It originated in Oregon and now it has spread to the Midwest. Chickens in the City of Farmington would fulfill its name. It would give many people the ability to fully grasp the real meaning of respect and responsibility. Chickens in general are quite docile and quiet except for the roosters that crow in the morning. They are not requesting to allow roosters. Chickens are like dogs in their personalities. In some aspects they are better because they eat bugs that ruin the plants. They also provide great fertilizer for flowers and provide fresh eggs. Chickens would teach kids a life of sustainability. To have a sustainable lifestyle you must produce much of what you can consume yourself. With chickens you can fertilize your own garden and they have the best personalities. Chickens would be a nice addition to Farmington. They are not requesting 30—50 chickens for free. They are asking for one to six chickens for an annual permit that costs around $16. With all the people who are indifferent about the urban chicken movement, and all the permits they would buy, it would generate City revenue so you could put the money towards parks. There would be some restrictions such as if you are not taking care of the chickens you would get a warning and fined around$30. If it happened again, you would get your permit taken away. It is just like a dog. Many people think the public image would go down if we allowed chickens, but on the contrary it would go up. We are surrounded by towns that allow chickens. If we had chickens we would really be seen as Farmington. Isn't that what we are named for? With chickens the City of Farmington would go forward. Mayor Larson asked if backyard chickens would bring in predators. Mr.Randow replied not really. The reason they are so quiet is because they are secluded and kept away from predators. Mayor Larson asked what keeps the chickens in the yard. Mr.Randow stated their proposed ordinance would include a fence, but you 7 Council Minutes(Regular) February 4,2013 Page 4 really don't need a fence because you can use a small fence with the chicken coop or the chicken run. Councilmember Donnelly asked what peaked his interest in wanting to have his own chickens. Mr.Randow stated he never knew that store bought eggs were hormonally treated. When he learned that the chickens are kept in less than 66 square inches,that is less than a sheet of paper. He was sad about that. The other aspect is that he is planning to join the military academy in either West Point or Maryland. He wanted to be able to say what he has done to bring cities forward so he can have a good resume. Mr. Lerew Kaas stated he was in 4-H,raised animals and showed them in 4-H and at the Dakota County Fair. He and his friends would like to get into raising chickens and showing them at the fair. Chickens are the perfect pet. They are fun, friendly, loving pets. They are easy to raise and inexpensive to have. What one could get from owning chickens is fresh eggs everyday and a have great companionships with them. Also, local businesses would benefit from buying food and bedding for the chickens each month. Backyard chickens have a bad image to some people and this is unfair. People think having backyard chickens next door will bring the value of their homes down because there will be a big ugly chicken coop next door with tons of smelly, clucking chickens. That is not true. This is not the type of coops we want for Farmington. Chicken owners care about their birds, so they take care and pride in the coops they live in by keeping them clean. Chicken owners take pride in the coops themselves by building cute, fancy and cool looking coops that adds to the look of their yard. Chicken coops can be very creative and also compact. They are better looking than a dog house. If I can come over and pet your dogs, you can come over and pet my chickens. He was happy to find out when he contacted surrounding cities that have chickens to get complaints on chickens, not one complaint has been filed on any backyard chicken owner. Backyard chickens are trendy and all the cities around us have them. More cities are turning green and we need to improve our City and be trendy like everyone else. Having backyard chickens would really improve Farmington's image. Backyard chickens were brought to Council before. A draft ordinance was created and a proposal was recommended to Council, but they voted against it. He was happy they are given the chance this time to explain the benefits of backyard chickens to Council. Passing this proposal looks good for Farmington. If Council doesn't like their proposal,the four of them are committed to working with the City to adjust whatever rules they need to until the proposal works for the Council. We think backyard chickens are good for the City and for the families here and they are not giving up until Farmington will give this a try. Mr. Dick Graelisch, 1020 3rd Street, stated he spent 18 years on a farm. He had 100 chickens. With chickens in the winter you have to make sure you have a warm shed because their feet can freeze. 8 Council Minutes(Regular) February 4,2013 Page 5 Mayor Larson asked if Council was in favor of adjusting the ordinance to allow urban chickens or do we not want to do that. Do we want to approve the ordinance in place or have staff adjust the ordinance? Councilmember Bonar supported sending this back to the Planning Commission. He felt it was worth another look and let the Commission hold a public hearing, gain input, and bring it back to the Council for consideration. Councilmember Bartholomay agreed with Councilmember Bonar. He favored this the first time. What we proposed then was doable and recalled recommending a one year trial. We reduced the number of chickens allowed from seven to five. He proposed it go back to the Planning Commission. Councilmember Donnelly stated this was discussed a couple years ago and at that time he was not a big fan. He appreciated the nice presentations and they have changed his mind. He agreed to send it back to the Planning Commission to fine tune the ordinance and bring it back to the Council. Councilmember Fogarty did not agree with this two years ago. She applauded the four young people who spoke. It is not any easy thing to do and they should be very proud of themselves. She encouraged them to follow what their local government is doing and hoped to see them at budget time to give their input on the budget. Two years ago this issue did not have this kind of support and thoughtfulness. She was impressed to hear there have not been any complaints in other communities. She agreed with sending this back to the Planning Commission as some of them have had far more years of experience. To get her full support, it will have to more restrictive than what they were hoping for. She also heard from a lot of residents two years ago who were adamantly opposed to this and she has to respect all opinions. She hoped the Planning Commission can come up with something that can ease the fears, and maybe allow this in Farmington. Mayor Larson commended those who spoke,they did a great job. He liked the signs and the support. He also supported letting this go to the Planning Commission for a public hearing and let them work on an ordinance. He asked that the Planning Commission consider chickens in an R-1 zone first. This is a 10,000 square foot lot or larger. He would like to start there. Last time he agreed to a one year trial and he would look at the same thing now if he agreed with the ordinance brought forward. He encouraged these young people to show up at the Planning Commission meeting. MOTION by Fogarty, second by Bartholomay to refer this to the Planning Commission for a recommendation. APIF,MOTION CARRIED. b) Approve Elimination of Ice Arena Interfund Payable-Finance As of December 31, 2011,the ice arena fund had an interfund payable of approximately$315,000 all of which is payable to the general fund. The general 9 Council Minutes(Regular) February 4,2013 Page 6 fund has a receivable for the same amount. The two primary components of this payable are the cumulative negative fund balance in the ice arena which totals $270,000 and the second component is the amount of cash needed on an ongoing basis to pay bills. Based on the preliminary 2012 results,where we have had actual revenues exceeding budget in a couple areas and general fund expenditures being less than budgeted,Finance Director Hanson wanted to eliminate the negative fund balance for the arena and provide enough cash in the fund to pay its bills for the majority of the year. This transfer was not anticipated in the budget. Going forward if there are any projected budget deficits, she asked that staff and Council consider factoring those into the tax levy. She requested authorization to transfer$320,000 from the general fund to the ice arena to eliminate the interfund balance. Councilmember Donnelly stated the pool had a deficit and we eliminated that and moved it to the general fund rather than as an enterprise fund. He asked if we would still keep the arena as an enterprise fund. Finance Director Hanson noted it would still be a special revenue fund. It appears the arena will be breaking even from now on. As for the pool and the Rambling River Center,the City is still providing quite a bit for operating expenses each year. At this time we are not recommending moving the arena, but leaving it on its own. For 2012 it will break even, or slightly above. It is easier to see how the arena does if it is in a separate fund. Budgeting for the losses for the pool and the Rambling River Center is part of the tax levy. Councilmember Donnelly was asking if it was worth the effort to track whether it breaks even. It is a red flag if there is a deficit at the end of the year,then there is a discussion about whether we can afford the arena. He asked if other cities leave it as a special revenue fund or fold it into the general fund. Staff will check on this. Finance Director Hanson felt it is cleaner to track if it stays separate. We also have a second sheet of ice coming. Councilmember Donnelly agreed with wiping out the deficit. Councilmembers Fogarty,Bartholomay, and Bonar agreed with the recommendation. Mayor Larson stated with the efforts of staff, the arena is breaking even. They have done a great job. He also supported eliminating the deficit. MOTION by Fogarty, second by Donnelly to authorize staff effective December 31, 2012,to transfer$320,000 from the general fund to the ice arena fund to eliminate the negative fund balance which existed on December 31, 2011, and provide an operating cash balance. APIF,MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Approve Easement Payment Steve and Susan Finden-Engineering This is an easement for the sewer line that was installed in 2003 at the end of 5th Street that goes north from the intersection of 5th and Linden Streets to the Met Council interceptor that runs through the Finden property. At the time of the project,they provided the City with a right of entry. This is to follow-up with 10 Council Minutes(Regular) February 4,2013 Page 7 getting the permanent easement. Staff has negotiated the price with Mr. Finden of $85,000 for the easement. This will be paid for out of the project fund which is in the road and bridge fund. This was an anticipated expense in the project. MOTION by Fogarty,second by Donnelly to authorize the payment of$85,000 to Steve and Susan Finden as full compensation for a permanent utility easement across their property located north of the intersection of 5th Street and Linden Street. APIF,MOTION CARRIED. b) Approve Executive Estates Settlement Agreement-Engineering This is a Settlement Agreement with the bank that is foreclosing on the Executive Estates development. Staff would like to have this agreement in place in the very likely event the bank acquires the property once the sheriff's sale has taken place. The agreement will take care of all outstanding issues in the development. The largest item is the park dedication. The park was going to be in phase two of the development. The phase is many years away so the bank will give the City park land in the current development. The Letter of Credit held by the City is for $320,000. Of that, $183,000 is to secure the park land. By agreeing to the park land and the turn lanes on hwy 3, fmishing the infrastructure and deeding the outlot to the City,the bank would like the City to reduce the letter of credit by $120,000 to $200,000. Staff feels this is enough to complete these items. The City could also withhold building permits until the required improvements are done. There is not a direct impact to the budget,but it will reduce the security by $120,000. Councilmember Donnelly asked why not wait until after the sheriffs sale. Also, by reducing the letter of credit,who benefits from that? City Engineer Schorzman stated the benefit of the reduction would be seen by the bank that currently is foreclosing on it because they provided the letter of credit. The reason to do this now is to recognize we have enough security,but we are also working with them. We have received complete compliance with everything we asked for. The reduction in the letter of credit would happen now. The rest would start when the bank takes possession after the sheriff's sale. Councilmember Donnelly asked what if something goes wrong with the sheriff's sale and someone else comes up with the money, then they would benefit from the reduction. City Engineer Schorzman stated the only person that could redeem it is the original borrower of the money. Someone could outbid the bank and buy the development for more than the bank as in it,but that is unlikely. Councilmember Bonar asked about the current state of the park land dedication. Parks and Recreation Director Distad stated the lots identified are currently undeveloped so we can take possession of them. Councilmember Bonar assumed the master plan does not include this change and staff will be working with the Parks and Recreation Commission on how to use the space and funding. Staff replied originally a park was identified, but was moved to the east. With this new agreement we could satisfy that requirement. We would put together a master plan to identify amenities and invite residents to provide comments on what they 11 Council Minutes(Regular) February 4,2013 Page 8 would like. City Engineer Schorzman noted park development fees are being collected as building permits are issued and those would be dedicated to this park. Councilmember Bartholomay stated the only change is that the park will be moved to the west. Staff noted there is also a reduction in the park dedication acreage from 3.2 acres to 2.6 acres. This is because the land has been improved and the value has changed. Councilmember Bartholomay asked if we would keep the same amount of land if we waited until after the sale. Staff stated whatever amount is in the agreement is what would remain. The developer is giving up nine lots for the square park in the middle, but we also will have lots on the corners so in the future if the golf course property develops, we can connect this park to that area with a trail system without having to obtain easements. MOTION by Fogarty, second by Bartholomay to approve the agreement with Roundbank, outlining the obligations of the bank to complete the remaining requirements of the development contract and reducing the security to$200,000. APIF,MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Donnelly: Saw the new fire truck tonight and it is a nice addition to the fire fighting fleet. Councilmember Fogarty: Thanked those who participated in the Expo. She and other Councilmembers attended the LMC conferences last week and it was fantastic and provided a lot of good reminders. Last weekend the Farmington Competition Cheer Team took the state championship. In the fall Farmington had all three all-state cheerleaders. In addition,three of the cheerleaders were nominated by their coaches to be on the honors cheer team. From that they could apply for a scholarship and one Farmington cheerleader,Ashley Fogarty, won a$1,000 scholarship. Councilmember Bartholomay: Thanked everyone who came to the Expo. It was a great turnout. Councilmember Bonar: He thanked the businesses for attending the Expo and also recognized the staff commitment that occurred on Friday and Saturday. It takes quite a bit of effort to put this together and it is an exceptional opportunity. He enjoyed being there. He asked City Administrator McKnight to extend Council's best wishes to staff for their efforts. He also attended the LMC conference for new officials, and many shared the same challenges and opportunities we do. Mayor Larson: He encouraged residents to shop local. The money spent in Farmington stays in Farmington. Council recessed into executive session at 7:52 p.m.to discuss AFSCME labor negotiations. 12 Council Minutes(Regular) February 4,2013 Page 9 14. EXECUTIVE SESSION a) AFSCME Labor Negotiations Closed session started at 7:58 p.m. Present: Larson, Bartholomay, Bonar, Donnelly,Fogarty Joel Jamnik, City Attorney;David McKnight, City Administrator;Brenda Wendlandt, Human Resources Director 15. ADJOURN MOTION by Fogarty, second by Bartholomay to adjourn at 8:35 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 13